Littérature scientifique sur le sujet « Secondary effects of civil judgments »

During the COVID-19 health crisis, the Spanish Government launched a series of urgent measures to protect the population from its economic effects. At first, it seemed that sex workers would have access to this protection, given that, technically, their access to the star measure, the IMV (anagram in Spanish for Ingreso Mínimo Vital) (minimum living income), was explicitly expressed. However, in the end, this group was excluded as the final text specified that only those deemed to be victims of gender violence, sexual exploitation, or trafficking could access said measure. We propose to study the usefulness of the concept of deservingness of social benefits to explain this lack of protection in a framework that takes into account political power contexts, the empirical observations of sex workers on their level of access to the IMV, and an exploration of its association with the theoretical construct of deservingness. Through a revision of secondary sources, interviews with key informants, and applying discourse analysis, we found these connections and the evident exclusion of sex workers from the social benefit. Likewise, we found that social stigma and moral and ideological judgments are behind this undeservingness and confirm a process of “NGOization” of care for this group that implies the depoliticization and professionalization of civil society entities such as NGOs.

With coal mining depth increase, gas explosion accidents due to the high gas emission rates often occur which cause significant casualties and property damages. Among them, gas explosion shock waves not only can destroy the machines and equipment in mine roadways but also cause the failure of mine ventilation facilities resulting in secondary hazards. Thus, the mines’ serious disasters could happen. For many years, researchers have already done a great lot of works to study damages caused by the impact of shock waves of the gas explosions in underground mines. Research results provide a baseline for judgments of hazard effects by explosions. In this paper, the formation mechanism of the gas explosion shock wave is introduced firstly. Then, the damages for underground facilities, such as mechanical equipment, roadway, and life-saving devices are summarized and reviewed. Finally, a brief discussion about the methods is given, and some preliminary suggestions are also listed for improvements in the future.

AbstractThis article investigates what effects a recognized foreign judgment in civil and commercial matters has in English proceedings. Does the judgment have the effects that it has in the foreign country (extension of effects) or the effects that a comparable English judgment would have (equalization of effects), or a combination of these? After a review of the current law, it will be discussed what approach is preferable on principle. The suggested approach will then be illustrated by considering whether a foreign decision on one legal basis of a certain claim ought to preclude English proceedings involving another legal basis of the same claim. Finally, it will be discussed whether and how the effects of a recognized foreign judgment in England are affected by interests of a third country.

Civil law science in civil law itself is cited as a secondary, "indirect", almost less important source of civil law. Some recent tendencies, however, say the opposite - that the science of civil law is the primary source of civil law because the judge makes judgments according to the knowledge of law acquired during his studies and in later professional career. That is why talking about the civil law science as a source of this science is also a conversation about the education of lawyers at law faculties and the extension of this process after graduation. In the Republic of Croatia at this time we see significant problems in both directions and even a lag that would be desirable to overcome as soon as possible.

AbstractA growing non-legal scholarship explores the domestic implementation of international court judgments in national law and policy. Yet little attention has been paid to the indirect effects of European Court of Human Rights (ECtHR) case law: namely, the ways in which its judgments may raise public consciousness, change how social actors articulate their claims, and/or prompt mobilization among civil society actors. This paper conceptualizes the significance of the indirect effects of ECtHR judgments in the domain of religion and education. Drawing on a constitutive approach to the law it explains the potential impact of such indirect effects. Second, it presents analytical concepts such as legal mobilization, which underpin the country-based case studies included in this symposium. Third, it provides an overview of the ECtHR religion and education-related case law which sets the stage for examining the nature and effects of the shadow of that case law in different country contexts.

(1) Background: The purpose of this study is to provide more nuanced insights into the effects of sub-dimensional levels of psychopathy on moral dilemma judgments. To this end, this study examined the effects of primary and secondary psychopathy on utilitarian and deontological response tendencies. Moreover, this study also explored the mediating role of alexithymia as well as the moderating role of gender in these effects. (2) Methods: A total of 1227 participants were recruited through the online questionnaire service wjx.cn. After deleting unfinished questionnaires, the remaining 1170 participants were included in the final data analysis. Each participant completed a demographic information questionnaire, the Levenson Self-Report Psychopathy Scale, the Toronto Alexithymia Scale-20, and six pairs of moral dilemmas. Descriptive and correlational analyses of study variables were conducted in SPSS 22.0. Mediation and gender difference analyses were conducted in AMOS 23.0. (3) Results: Primary psychopathy was negatively correlated with deontological response tendencies and uncorrelated with utilitarian response tendencies. By contrast, secondary psychopathy also correlated negatively with deontological response tendencies, but it correlated positively with utilitarian response tendencies. Mediation analysis revealed that alexithymia only mediated the relationship between secondary psychopathy and deontological response tendencies. Multi-group analysis revealed that there was no difference between females and males in the indirect effect model. (4) Conclusions: People with high primary psychopathy are less likely to reject harm in moral dilemmas. By contrast, people with high secondary psychopathy have high alexithymia, which causes them to be less concerned about avoiding harm, and they are more likely to maximize outcomes in moral dilemmas. These findings shed new light on the moral dilemma judgments of individuals with primary and secondary psychopathy.

ABSTRACTThe aim of the present study was to investigate how children and adults allocate cognitive resources to performing segmental encoding and monitoring in a dual-task paradigm and the response patterns of the primary and secondary tasks in the dual task. Participants were 20 children divided equally into two age groups (7–11 and 12–15 years) and 10 adults. The primary task required participants to monitor phonemic segments in a picture–written word interference paradigm while silently naming the pictures. The picture and distractor word were the same (replica), related (phoneme onset overlap), or unrelated. The secondary task required participants to make pitch judgments on tones presented at short (330 ms) or long (1130 ms) stimulus onset asynchrony (SOA) from picture onset. Developmental differences were observed in both response times and percentage errors in the primary and secondary tasks. Slower responses to the primary task were evident at the long SOA, related condition. Slower response times to the tone decision task were evident at the short rather than the long SOA. The findings support the capacity sharing account of dual-task performance and suggest that dual-task costs during language planning are higher in children than in adults.

Abstract Legal systems differ about the availability of specific performance as a remedy for breach of contract. While common law systems deny specific performance in all but exceptional cases, civil law systems generally award enforcement remedies subject to some exceptions. However, there is an ongoing debate about the extent to which the practice of litigants and courts actually reflects the doctrinal divergence. An equally lively debate revolves around the normative question: Should the injured party be entitled to enforced performance or rather content itself with monetary damages? Very few studies have used qualitative methods, vignette surveys, or incentivized lab experiments to empirically study these issues, and none has quantitatively analyzed actual court judgments. Against the backdrop of the comparative law and theoretical debates, this Article describes the findings of a quantitative analysis of judgments concerning remedies for breach of contract in Israel during a sixty-nine-year period (1948–2016). The judicial and scholarly consensus is that the Remedies Law of 1970 revolutionized Israeli law by turning enforced performance from a secondary, equitable relief to the primary remedy for breach of contract. We nevertheless hypothesized that no such revolution has actually occurred. In fact, neither the common wisdom that the resort to enforced performance has significantly increased following the 1970 Law, nor our skeptic hypothesis that no such increase has occurred, were borne out. According to our findings, the resort to enforced performance actually decreased considerably after 1970. We examine several explanations for this result, and show that this unexpected phenomenon is associated with the increasing length of adjudication proceedings. The theoretical and policy implications of these findings are discussed.

The thesis aims to reconstruct the procedural rules that apply whenever the simulation of contract becomes an issue within a civil proceeding.To this end, a different method is followed from that commonly used by the courts and in the scholarly literature, which have mostly deduced the content of these rules assuming, as a starting point, a certain solution to the problem of the nature of simulated contracts. The courts, that still adhere to the traditional doctrine of nullity of the simulated contract, state that the rules of the civil code dedicated to the action and the objection of nullity shall also apply to the action and objection of simulation. Part of the scholars, rejecting such premises, uphold interpretative solutions that are at odds with those supported by the courts. On the contrary, in this thesis, the legal notion of simulation is assumed as a starting point. Such a legal notion describes the set of facts that lead to a simulation of a contract and to the legal consequences set forth in articles 1414 and ff of the civil code; these facts are thus material to the process in which the simulation is an issue. Hence, the first part of the thesis (chapters 1 to 4) aims at framing the legal notion of simulation within the main categories of civil procedure, and starts from the definition of the legal notion of simulation by critically assessing the two main conceptions of the simulation phenomenon that emerge from the conspicuous literature on the subject: a “negative” conception, which sees the simulation as the lack of an essential element of the contract, and a “positive” conception, which sees the simulation as an agreement between the parties with the aim of excluding the legal effects of a contract between them (simulation agreement). The arguments in support of this last conception are set forth; after that, the question of the structure of the so-called “concealed contract” and the role of the simulation agreement on its formation and effectiveness is examined. The framing of the simulation in the fundamental categories of the process is then carried out through the observation of the legal effects that the simulation activity produces with regard to third parties, and the procedural classification of the substantial categories referred to in Articles 1415 and 1416 of the Italian Civil Code (in particular, unopposability). Finally, the objective scope of the process in which the ascertainment of the simulation of a contract is requested (action of simulation) is defined by critically examining the prevailing doctrine, according to which the said action aims at ascertaining the lack of a “contractual relationship”. Another doctrine is then examined, according to which simulation and nullity may be described as authonomous legal effects capable of being ascertained within a judgment having the force of res judicata. The second part (chapters 5 and 6) is dedicated to the discussion of selected issues of “procedural dynamics”, namely: a) the objection of absolute simulation, and the problem wether the judge may decide upon it ex officio in both the processes aimed at enforcing a simulated contract, and in those that aim, on the contrary, at the declaration of nullity, or at the annulment, rescission or termination of the same contract; b) the multiple facets that the issue of absolute simulation presents in the course of a forced expropriation proceeding undertaken against an “apparent owner”; c) the form of the concealed contract and the extent to which the simulants may prove a relative simulation by witnesses, particularly in the event that the relative simulation of the price of a sale contract is alleged as an objection to an avoidance action promoted by the bankruptcy trustee; d) the stading to an action of simulation; e) the objective scope of the res judicata in the same action.
La tesi mira a ricostruire la disciplina processuale della simulazione negoziale, ossia le regole concernenti l'attività compiuta nel processo dalle parti e dal giudice, ogniqualvolta la simulazione di un negozio giuridico sia oggetto di allegazione, prova e decisione (nella forma della mera cognizione o dell'accertamento). Si segue, a tal fine, un metodo diverso da quello comunemente impiegato dalla giurisprudenza e dalla dottrina, le quali hanno perlopiù dedotto il contenuto di tali regole a partire dalla soluzione di volta in volta prescelta al problema della qualificazione del contratto simulato. La giurisprudenza, muovendo dalla tesi della nullità del contratto simulato, conclude per la diretta applicabilità delle norme del codice civile dedicate all'azione e all'eccezione di nullità. Parte della dottrina, discostandosi da quella premessa, propone soluzioni applicative di segno opposto. Al contrario, nel presente lavoro, la centralità solitamente assegnata al contratto simulato, è occupata dalla simulazione, ossia dalla fattispecie degli effetti che gli artt. 1414 e seguenti designano quali “effetti della simulazione”. Detta fattispecie è infatti quanto forma oggetto dell'attività dei soggetti del processo (l'allegazione, la prova, la cognizione e l'accertamento). La ricostruzione della disciplina processuale della simulazione muove pertanto dalla collocazione della fattispecie simulatoria entro le categorie che informano il contenuto di quella disciplina, e cioè la qualificazione della simulazione come tema di prova, come questione di merito oggetto di mera cognizione, nonché, infine, come oggetto del processo e dell'accertamento munito di autorità di cosa giudicata. La prima parte della tesi (capitoli da 1 a 4) si occupa esattamente di tale inquadramento, prendendo le mosse dalla definizione della fattispecie simulatoria e dalla discussione critica delle due opposte concezioni del fenomeno simulatorio che emergono dalla cospicua letteratura sul tema: una concezione “negativa”, che vede nella simulazione una forma qualificata di difetto della fattispecie negoziale, e una concezione “positiva”, che ravvisa la fattispecie simulatoria in un negozio distinto da quello simulato (il c.d. accordo simulatorio). Enunciate le ragioni a sostegno di quest'ultima concezione, si prende in esame la questione della struttura del contratto dissimulato e del ruolo dell'accordo simulatorio sulla formazione e l'efficacia del medesimo. L'inquadramento della simulazione nelle categorie fondamentali del processo prosegue mediante l'osservazione degli effetti giuridici che l'attività simulatoria produce riguardo ai terzi, e l'inquadramento processuale delle categorie sostanziali richiamate negli artt. 1415 e 1416 c.c. (segnatamente, l'inopponibilità). Infine, si definisce l'oggetto dell'azione di simulazione, mettendo di fronte la prevalente tesi che detto oggetto fa coincidere con il rapporto fondamentale contrattuale, e quella minoritaria che addita le azioni di simulazione e nullità quali esempi di processi di accertamento di situazioni giuridiche preliminari. Si sottopone quindi a critica la tesi del rapporto fondamentale. La seconda parte (capitoli 5 e 6) è dedicata alla discussione di profili scelti di dinamica processuale, segnatamente: l'eccezione di simulazione assoluta, e il problema della sua rilevabilità d'ufficio nei processi diretti all'esecuzione del contratto simulato, nonché in quelli che mirano, al contrario, alla dichiarazione della nullità, ovvero all'annullamento, alla rescissione o alla risoluzione dello stesso contratto; le molteplici sfaccettature che presenta la cognizione della simulazione assoluta nel corso (o a lato) dell'espropriazione forzata intrapresa contro il titolare apparente; la forma del contratto dissimulato e l'ampiezza dei poteri istruttori dei simulanti che intendano dar prova della simulazione relativa, e per suo tramite del contratto dissimulato, particolarmente nel caso in cui la simulazione relativa del prezzo venga addotta per contrastare l'azione revocatoria promossa dal curatore fallimentare contro una compravendita immobiliare “a prezzo vile”; la legittimazione ad agire nell'azione di simulazione; i limiti oggettivi del giudicato di accertamento della simulazione.

Master of Arts
Department of Modern Languages
Douglas Benson
The purpose of this report is to demonstrate mastery of content in the Spanish MA program in Second Language Acquisition at Kansas State University. After graduation from this program, I plan to pursue a career as a high school Spanish teacher. As evidence of content mastery, this report contains my philosophy of education, which emphasizes communicative competence in the Spanish classroom. I discuss best teaching practices in presenting and practicing Spanish vocabulary and grammar with students. The use of the target language and the integration of culture and the four language skills is designed to further my students’ development through the progression of the lesson plan, from warm-up, to input, to the activity sequence, to closure. This report also contains a rationale, or how my philosophy of education directly and specifically applies to my teaching, for a unit plan including daily lessons and related appendices on the subject of the Spanish Civil War, and outlines student learning outcomes for this unit, such as the ability to compare their home culture to the culture of the second language as well as the ability to relate art and literature to the events of the war. The topic of my unit plan is of particular interest to my students and me as wars and violence are a present reality in our world. The secondary focus of my unit plan involves the significant detrimental effects of the Spanish Civil War and well as its specific consequences in the lives of women and children.

Este trabalho trata fundamentalmente da admissibilidade dos julgamentos parciais do mérito e de questões de mérito no sistema processual civil brasileiro, considerando especialmente o modelo constitucional de processo civil, bem como no sistema processual prospectivo previsto no Projeto de Novo Código de Processo Civil, que deve entrar vigor em breve. Com este objetivo, será abordado no início da dissertação o dogma da unidade estrutural da sentença, sua origem, fundamentos e aplicabilidade no processo civil brasileiro, já que esse dogma parece ser o principal óbice que se opõe à realização dos julgamentos parciais. Em seguida, procede-se à análise da natureza dos pronunciamentos judiciais em que se realizam os julgamentos parciais, quando admitidos no CPC/73, para defini-los como decisões interlocutórias de mérito (ou de questões de mérito) ou sentenças parciais e intermediárias. Além disso, pretende-se estabelecer os pressupostos autorizadores dos julgamentos parciais, para que, assim, esses julgamentos sejam realizados de forma eficiente e em prol da efetividade da tutela jurisdicional. Trata-se ainda os julgamentos parciais na arbitragem e suas particularidades decorrentes das disposições específicas da Lei de Arbitragem e das características específicas do processo arbitral. Finalmente, nos capítulos finais deste estudo enfrentam-se os obstáculos que geralmente se colocam à realização dos julgamentos parciais relativamente ao âmbito recursal e à formação da coisa julgada. Para esse fim, são abordados a teoria dos capítulos de sentença, os efeitos dos recursos e, especialmente, a formação gradual da coisa julgada à luz da doutrina, da jurisprudência dos Tribunais Superiores e também do Projeto de Novo Código de Processo Civil.
This paper deals essentially with the possibility of rendering partial judgments on the merits and on issues of merits in the Brazilian Civil Procedure, considering especially the constitutional framework of civil procedure, as well as in the prospective procedural system provided by the New Code of Civil Procedure bill, which shall be in force soon. With this goal, the principle of the indivisibility of the award on merits, its origins, its grounds and its applicability to the Brazilian Civil Procedure are addressed in the beginning of the dissertation, as this principle seems to be the main obstacle against the partial judgments. Following this, the nature of the judicial decisions in wich the partial judgments take place when admitted by the Brazilian Code of Civil Procedure of 1973 shall be analysed, in order to characterize them either as interlocutory decisions on the merits (or on issues of merits) or as partial and intermediate awards. In addition, there is a focus on clarifying the conditions in which partial judgments can be rendered, in order to carried out in and efficient fashion, and hence contributing to the effectiveness of the judicial relief. Moreover, the partial judgments in arbitration, as well as their particularities arisen from the specific provisions under the Arbitration Act and singular characteristics of arbitral procedure are analysed. The final chapters of this paper face the obstacles associated with appeals and with claim preclusion that are usually posed against the rendering of partial judgments. For this scope, there shall be addressed the theory of chapters of the award, the effects of the appeals, and specially the gradual claim preclusion in view of the scholars opinions, the case law of the Higher Courts, and also under the New Code of Civil Procedure bill.

This book examines the development of elementary and secondary students’ constitutional rights between 1964 and 1984 and its relationship to efforts to secure racial justice at school during the desegregation era. The first three chapters cover case studies that provide the local context for students’ rights litigation that originated in Mississippi; Denver, Colorado; and Columbus, Ohio. Each case study focuses on a particular area of students’ rights, such as free speech, equal protection, and due process, and provides an examination of how student protestrelated to civil rights and Chicano Movement activism contributed to litigation. The final two chapters provide a national view of the effects that these cases had on students’ rights law more generally, including the rights related to bilingual education, equal educational opportunities, and access to education for students with disabilities. The book also explores students’ rights in relation to school discipline, including the areas of corporal punishment, privacy, and suspensions and expulsions. The book argues that, as the courts developed the principles that determine when and why students gain rights protections, they did so in ways that undermined the initial goals of the black and Chicano student activists who set these lawsuits into motion.This book therefore offers a critical approach to these developments in American constitutional law and concludes by pointing to the ways in which the law contributes to persistent racial inequities in education.

AbstractAn undular surge is a secondary wave characterized by free-surface undulations over the body of a positive wave. The formation of undular surges is strongly linked to the departure of pressure distribution from hydrostatic due to the combined effects of wave nonlinearity and dispersion. In navigation channels, undular surges may be generated by the filling or emptying operation of lock chambers. The propagation of undular surges is associated with the periodic flow variations, and therewith they can cause impulse motion responses of navigation ships and even navigation accidents in some instances. In the present study, the free-surface and hydrodynamic properties of undular surges induced by the emptying operation of lock chambers were experimentally investigated. Detailed free-surface and velocity measurements were performed with a series of capacitance wave gauges and an acoustic Doppler velocimeter in a horizontal rectangular water wave channel. Both nonbreaking and breaking surges were recognized and analyzed. The results demonstrated that the wave face of a nonbreaking undular surge could be accurately described by solitary wave theory. However, the velocity distributions beneath the surge deviated significantly from the solitary wave solution. Based on the experimental results, a formula relating the longitudinal velocity component to free-surface elevation was established. Overall, this study provided new insights into the analogy of an undular surge and a solitary wave.

AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.

This chapter addresses the processes at work in Confucian cultivation of manners, especially as this bears on our willingness to be polite to some people while reluctant to be polite to others. It focuses on Confucian attention to external behavior as a resource for shaping internal dispositions and attitudes. It likewise attends to the social dynamics of practicing manners, the ways in which civil behaviors can encourage answering like behaviors from others, steering social environments toward greater sociality. The chapter additionally addresses how stereotyping judgments of others can depress efforts to be civil and considers manners as a resource for inculcating greater humility in our evaluations of others and as a behavioral standard that can reduce the effects of stereotyping judgments on others. The Confucian account is coupled throughout with material drawn from contemporary social psychological studies.

This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of the most important judgments delivered by courts in lender states during the Euro crisis, the emphasis being on the jurisprudence of the German Federal Constitutional Court. These cases primarily focus on the effects of financial assistance mechanisms and revised EU fiscal governance rules on the principle of democracy, parliamentary prerogatives, and national budgetary powers. A further strand of case law focuses on the measures adopted by the European Central Bank. Second, this chapter will look at review by national courts in borrower states, the principal focus being on social challenges brought by austerity-hit litigants in Greece. The comparative analysis sheds light on the different types of challenge facing courts in borrower and lender states, as well as the different starting points and the subtle differences in the reasoning provided by courts in their judgments. As regards borrower states in particular, the twin challenge is to examine to what extent litigants had any success in challenging in national courts the bailout conditions; and the extent to which arguments about civil or socio-economic rights had purchase at national level. The chapter further looks at review by national courts in other jurisdictions, as well as review by supranational and international courts or bodies. Last, it puts forward a number of ideas on fundamental rights adjudication in times of economic crisis.

This chapter analyses the transformative effects of the new pattern of public–private collusion on prevailing conceptions and categories of the public interest. This dynamic development can be seen by following the trail of the group of mobile and multipositioned civil servants or politicians who turned corporate lawyers. As they invent new professional know-how and career paths, they personify, more than any other group, the dynamics of this interstitial space. They collectively act as brokers between the various poles of this field, create points of convergence, and actively disseminate new ways of thinking of the state and its role vis-à-vis markets. The density of this field of public–private intermediation can also be measured by looking at a diverse range of seemingly secondary platforms, including professional colloquia, sector-specific congresses, and other policy-oriented meetings and discussion series that are explicitly aimed at bringing together public and private professionals. These arenas provide participants with opportunities to liberate themselves from their respective institutional or professional loyalties and to profess the virtues of public–private synergies.

Contributions to the topic of consultants and public policy in France are often unbalanced and consultants are typically analysed as a secondary subject of wider studies. Drawing on the sociology of elites, this chapter argues that their circulation between the private and the public spheres invites us to reconsider the so-called French resistance to private consultants, allegedly led by senior civil service, which artificially opposes two groups that are, in fact, in a sociological position of homology. It helps understanding how an hybrid elite of general government works hand in hand in the development and diffusion of NPM ideas within the French state. The chapter summarizes the main steps which contributed to consultants’ increasing deployment in French public policies and seeks to describe the type of services they aim to deliver, as well as what decision makers may consider as their “added-value”. It argues that a critical part of their growth relies on their legitimizing effects over change. By doing so, it highlights public policies’ specific temporality and logic, as well as the national variations at stake in terms of private consultants’ involvement and the extent to which they impact French public sector.

Gender equality and information and communication technology are important in the achievement of the Millennium Development Goals (MDGs) in policy, planning, and practice. The 2000 Millennium Declaration of the United Nations (UN) formed an international agreement among member states to work toward the reduction of poverty and its effects by 2015 through eight Millennium Development Goals: 1. Eradicate extreme poverty and hunger 2. Achieve universal primary education 3. Promote gender equality and the empowerment of women 4. Reduce child and maternal mortality 5. Improve maternal health care 6. Combat HIV and AIDS, malaria, and other major diseases 7. Ensure environmental sustainability 8. Develop global partnership for development Progress toward gender equality and the empowerment of women is one goal that is important to achieving the others. Poverty, hunger, illiteracy, environmental threats, HIV and AIDS, and other health threats disproportionately affect the lives of women and their dependent children. Gender-sensitive ICT applications to education, health care, and local economies have helped communities progress toward the MDGs. ICT applications facilitate rural health-care workers’ access to medical expertise through phones and the Internet. Teachers expand learning resources through the Internet and satellite services, providing a greater knowledge base for learners. Small entrepreneurs with ICT access and training move their local business into world markets. ICT diffusion into world communication systems has been pervasive. Even some of the poorest economies in Africa show the fastest cell-phone growth, though Internet access and landline numbers are still low (International Telecommunications Union [ITU], 2003b). ICT access or a lack of it impacts participation, voice, and decision making in local, regional, and international communities. ICTs impact the systems that move or inhibit MDG progress. UN secretary general Kofi Annan explained the role of the MDGs in global affairs: Millennium Development Goals are too important to fail. For the international political system, they are the fulcrum on which development policy is based. For the billion-plus people living in extreme poverty, they represent the means to a productive life. For everyone on Earth, they are a linchpin to the quest for a more secure and peaceful world. (UN, 2005, p. 28) Annan also stressed the critical need for partnerships to facilitate technology training to enable information exchange and analysis (UN, 2005). ICT facilitates sharing lessons of success and failure, and progress evaluation of work in all the MDG target areas. Targets and indicators measuring progress were selected for all the MDGs. Gender equality and women’s empowerment are critical to the achievement of each other goal. Inadequate access to the basic human needs of clean water, food, education, health services, and environmental sustainability and the support of global partnership impacts great numbers of women. Therefore, the targets and indicators for Goal 3 address females in education, employment, and political participation. Progress toward the Goal 3 target to eliminate gender disparity in primary and secondary education, preferably by 2005, and in all levels of education no later than 2015, will be measured by the following indicators. • Ratio of girls to boys in primary, secondary, and tertiary education • Ratio of literate females to males who are 15- to 24-year-olds • Share of women in wage employment in the nonagricultural sector • Proportion of seats held by women in national parliaments (World Bank, 2003) Education is positively related to improved maternal and infant health, economic empowerment, and political participation (United Nations Development Program [UNDP], 2004; World Bank, 2003). Education systems in developing countries are beginning to offer or seek ways to provide ICT training as a basic skill and knowledge base. Proactive policy for gender equality in ICT access has not always accompanied the unprecedented ICT growth trend. Many civil-society representatives to the World Summit on the Information Society (WSIS) argue for ICT access to be considered a basic human right (Girard & Ó Soichrú, 2004; UN, 1948). ICT capability is considered a basic skill for education curriculum at tertiary, secondary, and even primary levels in developed regions. In developing regions, ICT access and capability are more limited but are still tightly woven into economic communication systems. ICTs minimize time and geography barriers. Two thirds of the world’s poor and illiterate are women (World Bank, 2003). Infant and maternal health are in chronic crisis for poor women. Where poverty is highest, HIV and AIDS are the largest and fastest growing health threat. Ninety-five percent of people living with HIV and AIDS are in developing countries, partly because of poor dissemination of information and medical treatment. Women are more vulnerable to infection than men. Culturally reinforced sexual practices have led to higher rates of HIV infection for women. Gender equality and the empowerment of women, starting with education, can help fight the spread of HIV, AIDS, and other major diseases. ICT can enhance health education through schools (World Bank). Some ICT developers, practitioners, and distributors have identified ways to incorporate gender inclusiveness into their policies and practice for problem-solving ICT applications toward each MDG target area. Yet ICT research, development, education, training, applications, and businesses remain male-dominated fields, with only the lesser skilled and salaried ICT labor force approaching gender equality. Successful integration of gender equality and ICT development policy has contributed to MDG progress through several projects in the developing regions. Notable examples are the South-African-based SchoolNet Africa and Bangladesh-based Grameen Bank Village Pay Phone. Both projects benefit from international public-private partnerships. These and similar models suggest the value and importance of linking gender equality and empowerment with global partnership for development, particularly in ICT. This article reports on developing efforts to coordinate the achievement of the MDGs with policy, plans, and practice for gender equality beyond the universal educational target, and with the expansion of ICT access and participation for women and men. The article examines the background and trends of MDG 3, to promote gender equality and the empowerment of women, with particular consideration of MDG 8, to develop global partnership for development, in ICT access and participation.

This paper presents a novel optimisation methodology based on both Adjoint sensitivity analysis and trust-based dynamic response surface modelling to improve performance of a modern turbine of a large civil aero-engine in the presence of high-fidelity geometry configurations. The system has been applied to the non-axisymmetric hub and tip endwall optimisation of a high-pressure turbine stage making use of multi-row 3D simulations, parametric modelling and rapid meshing of real geometry features such as rim seals and modelling of film cooling flows. It has been shown in previous papers that improvements gained using simplified models of the stage are lost when applying the high-fidelity geometry configuration. New results presented in this paper indicate that controlling the purge flow that exits the disc space through the rim seal at the hub of the main annulus is more significant than the reduction of secondary flows in the main passage. For a given rim sealing mass flow rate and whirl velocity, the non-axisymmetric endwalls are optimised such that the detrimental impact of the sealing flow on the turbine performance is reduced, and hence the stage efficiency is significantly increased. The traditional optimisation approaches based on evolutionary methods or even sequential modifications for defining the endwalls shape are computationally demanding. Since, turbomachinery industry continuously strive to reduce the design cycle time, in particular when high fidelity 3D CFD is used, the main body of this paper outlines the novel methods developed to produce a practical design in a very aggressively short design cycle time.

This paper provides the first step in sizing carbon brush seals for aero-engine oil bearing chambers applications. Recent developments in the aeronautic domain focus strongly on the reduction of aero-engine specific oil consumption. For instance, optimizing the civil aircraft gas turbine engine lubrication oil system is considered as one of the main targets in this research. Specifically, brush seals have shown tremendous leakage performance in sealing secondary flows compared to classic labyrinth seals over the last few decades. Therefore, an attractive idea is to extent their utilization to oil bearing chamber applications. To perform the experimental part of the study, a test rig has recently been built at ULB. This test rig will be described in this paper. A parametrical study has been performed in stationary conditions, and at very low rotation speed. A particular attention was given to the air consumption and the torque friction losses. Finally, a test simulating the effects of a rotor excursion on the brush seal performance has been made.

This paper describes the design and development of a major new facility capable of reproducing flow conditions for large civil aero engine turbine and compressor segment cavities. The facility reproduces in 3-D, typical secondary air system cruise temperatures, pressures and mass flows. The facility allows better understanding of the circumferential heat transfer effects of air system flows on turbine and compressor casings, as these have a significant influence on both steady-state and transient blade tip clearance behavior. Different air system architectural solutions are considered and 1-D transient air system modelling is used to design architecture to ensure that they meet tight performance requirements in terms of allowable pressure and temperature ripples when subject to fast switching of flows. An explanation of the design of the double-skin pressure vessel using 2-D axisymmetric thermo-mechanical analysis to understand the life-limiting features of the design is discussed. Finally we conclude the paper with some experimental results from rig commissioning and the use of these results in the determination of engine casing transients is discussed.

An increased demand for lower emission of stationary gas turbines as well as civil aircraft engines has led to new, low emission combustor designs with less liner cooling and a flattened temperature profile at the outlet. As a consequence, the heat load on the endwall of the first nozzle guide vane is increased. The secondary flow field dominates the endwall heat transfer, which also contributes to aerodynamic losses. A promising approach to reduce these losses is non-axisymmetric endwall contouring. The effects of non-axisymmetric endwall contouring on heat transfer and film cooling are yet to be investigated. Therefore, a new cascade test rig has been set up in order to investigate endwall heat transfer and film cooling on both a flat and a non-axisymmetric contoured endwall. Aerodynamic measurements that have been made prior to the upcoming heat transfer investigation are shown. Periodicity and detailed vane Mach number distributions ranging from 0 to 50% span together with the static pressure distribution on the endwall give detailed information about the aerodynamic behavior and influence of the endwall contouring. The aerodynamic study is backed by an oil paint study, which reveals qualitative information on the effect of the contouring on the endwall flow field. Results show that the contouring has a pronounced effect on vane and endwall pressure distribution and on the endwall flow field. The local increase and decrease of velocity and the reduced blade loading towards the endwall is the expected behavior of the 3d contouring. So are the results of the oil paint visualization, which show a strong change of flow field in the leading edge region as well as that the contouring delays the horse shoe vortex hitting the suction side.

This paper presents a computational investigation into the impact of cooling air injected through the stationary over-tip turbine casing on overall turbine efficiency. The high work axial flow turbine is representative of the high pressure turbine of a civil aviation turbofan engine. The effect of active modulation of the cooling air is assessed, as well as that of the injection locations. The influence of the through-casing coolant injection on the turbine blade over-tip leakage flow and the associated secondary flow features are examined. Transient (unsteady) sliding mesh simulations of a one turbine stage rotor-stator domain are performed using periodic boundary conditions. Cooling air configurations with a constant total pressure air supply, constant mass flow rate and actively controlled total pressure supply are assessed for a single geometric arrangement of cooling holes. The effects of both the mass flow rate of cooling air and the location of its injection relative to the turbine rotor blade are examined. The results show that all of the assessed cooling configurations provided a benefit to turbine row efficiency of between 0.2 and 0.4 percentage points. The passive and constant mass flow rate configurations reduced the over-tip leakage flow, but did so in an inefficient manner, with decreasing efficiency observed with increasing injection mass flow rate beyond 0.6% of the mainstream flow, despite the over-tip leakage mass flow rate continuing to reduce. By contrast, the active total pressure controlled injection provided a more efficient manner of controlling this leakage flow, as it permitted a redistribution of cooling air, allowing it to be applied in the regions close to the suction side of the blade tip which more directly reduced over-tip leakage flow rates and hence improved efficiency. Cooling air injected close to the pressure side of the rotor blade was less effective at controlling the leakage flow, and was associated with increased aerodynamic loss in the passage vortex.

There was a hope that digital transformation, in improving public service provision and delivery, and in promoting inclusion – with due regard to the needs of vulnerable populations – is instrumental in mitigating the effects of exclusion and improving people’s livelihoods (UN e-Government Survey 2012). Also, the rise of social media with their more inclusive tendencies and lower technical skill requirements was expected to open new horizons for the inclusion of vulnerable groups. Whereas these hopes have partly become true, we are also witnessing that vulnerable groups are facing new type of risks such as digital harassment, hate speech, disinformation/misinformation attacks and other risks which hinder those groups from fully benefitting from digital transformation.While traditional digital divide reasons (lack of access and skills) remain important, motivational reasons have increased in importance over time. Effective interventions aimed at tacklingdigital exclusion need to take into consideration national contexts, individual experience etc. What worked a decade ago in a particular country might not work currently in a different or even the same country (Helsper, E.J. and Reisdorf, B.C. 2016). The aim of research paper is to shed a light on the digital vulnerability, and to understand (a) which are the groups and activities where digital transformation (increase of digital awareness, skills, resources) could bring about the biggest change in the quality of life, and empowerment? (b) What are the main actors in this field? (c) What are the practical implications to rise their capacity and empower them?Our research collects and analyses data from Ukraine and Georgia. The democratic development of these two countries has been relatively similar. Both countries have also placed emphasis on digital development. However, the state of democracy is fragile in both countries, there are many inequalities and a great threat to security, especially in Ukraine. This makes the vulnerable groups even more vulnerable digitally and the risks mentioned above might have real dramatic consequences.Even though we are looking more closely at these two countries, there is a threat to democracy and societies everywhere, so this focus is universal.The research will make use of primary as well as of secondary data. The primary data will be collected using semi-structured interviews with different stakeholders. The secondary data will be collected from public sources (strategy and policy documents etc.)In our study the digitally vulnerable groups (DVG) are those whose digital engagement in political decision-making and e-services is hindered by their lack of awareness of digital issues, access to technological benefits, and / or digital literacy and skills. Irrespective of the causes (e.g. demographic, socioeconomic and/or health status, living conditions or social position, etc.), these barriers prevent the people from reaping the benefits of digital transformation and as such, have a negative impact on their rights, interests, and everyday life. The primary research shows that the priority target groups are similar in both countries – these are (a) children and young people; and (b) elderly people. Evidently those both groups have completely different needs, barriers, and enablers for benefitting from digital agenda. The research is part of a project DRIVE, the results will be used for preparing recommendations for action, train civil society organisations and public authorities to work on these recommendations and turn two of the recommendations into a pilot project to be implemented during the project.

During the 1990s and early 2000s, federal and state policies encouraged the implementation of zero-tolerance policies across the country, which helped fuel an overall increase in the use of suspension and expanded racial disparities in suspension. Recent changes in policy and practice have begun to shift educators away from exclusionary discipline, and we review those changes and trends in this report. We examine out-of-school suspension data from the Civil Rights Data Collection (CRDC), tracking trends over time. We also assess differences in suspension rates of students based on their race and ethnicity, school level, and disability status. We present data at national and state levels, and because out-of-school suspensions are concentrated in secondary schools, we focus our state-level findings on secondary school students. We explore the ways in which changes in suspension rates may be related to changes in policy, and we make recommendations for additional strategies to reduce school exclusion for all students, and in particular for those who have disproportionately experienced its negative effects.

This paper analyses findings from a study of the Consolidating Democracy in Pakistan (CDIP) and AAWAZ Voice and Accountability programmes, both funded by the UK government. The study is a contribution to the A4EA research programme workstream ‘Unpacking Donor Action’. It is based on a secondary literature review, analysis of programme documents, and qualitative interviews with individuals who worked with these programmes at various levels. The analysis explores the interaction between the two programmes to argue they produced strong synergies as an outcome of their adaptive programming approach. The synergising took place under conditions of growing constraints on civic society and the democratic process during the programme life cycles. The paper concludes that the beneficial interaction effects were an outcome of strategic partnerships with a common implementing agency (DAI) and deep engagement with civil society organisations, but without empowered local government and on-going donor support the empowerment effects are difficult to sustain.