Статті в журналах: "Secondary effects of civil judgments"

1

Acién González, Estefanía, and Ángeles Arjona Garrido. "Prostitution and Deservingness in Times of Pandemic: State (Non) Protection of Sex Workers in Spain." Social Sciences 11, no. 5 (May 1, 2022): 199. http://dx.doi.org/10.3390/socsci11050199.

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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.

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Ran, Dezhi, Jianwei Cheng, Rui Zhang, Yu Wang, and Yuhang Wu. "Damages of Underground Facilities in Coal Mines due to Gas Explosion Shock Waves: An Overview." Shock and Vibration 2021 (October 30, 2021): 1–11. http://dx.doi.org/10.1155/2021/8451241.

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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.

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3

Hastie, Reid, David A. Schkade, and John W. Payne. "Juror judgments in civil cases: Hindsight effects on judgments of liability for punitive damages." Law and Human Behavior 23, no. 5 (October 1999): 597–614. http://dx.doi.org/10.1023/a:1022352330466.

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4

Harder, Sirko. "THE EFFECTS OF RECOGNIZED FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS." International and Comparative Law Quarterly 62, no. 2 (April 2013): 441–61. http://dx.doi.org/10.1017/s0020589313000018.

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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.

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5

Radolović, Aldo. "Pravna znanost kao izvor građanskog prava." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 177–91. http://dx.doi.org/10.30925/zpfsr.41.1.8.

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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.

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6

Fokas, Effie, and Dia Anagnostou. "The “Radiating Effects” of the ECtHR on Social Mobilizations Around Religion and Education in Europe: An Analytical Frame." Politics and Religion 12, S1 (July 20, 2018): S9—S30. http://dx.doi.org/10.1017/s1755048318000445.

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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.

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7

Wu, Zhihui, Xiyou Chen, Daoqun Ding, Shengqi Zou, Shenglan Li, and Xiangyi Zhang. "Effects of Primary and Secondary Psychopathy on Deontological and Utilitarian Response Tendencies: The Mediator Role of Alexithymia." Healthcare 10, no. 9 (August 29, 2022): 1650. http://dx.doi.org/10.3390/healthcare10091650.

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(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.

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8

Hastie, Reid, David A. Schkade, and John W. Payne. "Juror judgments in civil cases: Effects of plaintiff's requests and plaintiff's identity on punitive damage awards." Law and Human Behavior 23, no. 4 (1999): 445–70. http://dx.doi.org/10.1023/a:1022312115561.

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9

SASISEKARAN, JAYANTHI, and CARA DONOHUE. "Effects of concurrent task demands on language planning in fluent children and adults." Applied Psycholinguistics 37, no. 6 (December 23, 2015): 1311–36. http://dx.doi.org/10.1017/s0142716415000582.

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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.

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10

Anidjar, Leon Yehuda, Ori Katz, and Eyal Zamir. "Enforced Performance in Common Law Versus Civil Law Systems: An Empirical Study of a Legal Transformation." American Journal of Comparative Law 68, no. 1 (March 2020): 1–54. http://dx.doi.org/10.1093/ajcl/avaa006.

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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.

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11

Wong, Jessica T., and David A. Gallo. "Activating Aging Stereotypes Increases Source Recollection Confusions in Older Adults: Effect at Encoding but Not Retrieval." Journals of Gerontology: Series B 74, no. 4 (March 16, 2018): 633–41. http://dx.doi.org/10.1093/geronb/gbx103.

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Abstract Objectives Activating aging stereotypes can impair older adult performance on episodic memory tasks, an effect attributed to stereotype threat. Here, we report the first study comparing the effects of explicitly activating aging stereotypes at encoding versus retrieval on recollection accuracy in older adults. Method During the encoding phase, older adults made semantic judgments about words, and during the retrieval phase, they had to recollect these judgments. To manipulate stereotype activation, participants read about aging-related decline (stereotype condition) or an aging-neutral passage (control condition), either before encoding or after encoding but before retrieval. We also assessed stereotype effects on metacognitive beliefs and two secondary tasks (working memory, general knowledge) administered after the recollection task. Results Stereotype activation at encoding, but not retrieval, significantly increased recollection confusion scores compared to the control condition. Stereotype activation also increased self-reports of cognitive decline with aging, but it did not reliably impact task-related metacognitive assessments or accuracy on the secondary tasks. Discussion Explicitly activating aging stereotypes at encoding increases the likelihood of false recollection in older adults, potentially by diminishing encoding processes. Stereotype activation also influenced global metacognitive assessments, but this effect may be unrelated to the effect of stereotypes on recollection accuracy.

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12

Hosen, Md Arif. "The effects of socio-economic drawbacks on second language learning in Bangladesh." International Journal of Research in Business and Social Science (2147- 4478) 10, no. 2 (March 23, 2021): 290–95. http://dx.doi.org/10.20525/ijrbs.v10i2.1034.

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The Second Language (L2) research has presented vast curiosity to learners and their judgments on L2. The numerous directions of learner-focus study, however, have not been sufficient to emphasize the learning experiences of learners in relation to their social and economic context, particularly in third world countries. This research explores the perspectives and experiences of school learners in second language learning in the peripheries of Bangladesh. In addition, this research demonstrates how socio-economic drawbacks of students’ family affect their English subject scores in secondary school certificate examination. Educational background of parents also contributes to achieve the better scores in L2. A close relationship is found between learners’ family education, parents’ occupation, and family income and their achieved scores in English in board examination.

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13

Han, Jun, and Hun-Tong Tan. "Investors' Reactions to Management Guidance Forms: The Influence of Multiple Benchmarks." Accounting Review 82, no. 2 (March 1, 2007): 521–43. http://dx.doi.org/10.2308/accr.2007.82.2.521.

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In this study, we investigate underlying mechanisms for the effects of management guidance forms on investors' judgments. We do so by comparing effects of point and range guidance with those associated with a hybrid management guidance form that combines the attributes of both point and range guidance. With respect to investors' earnings reestimates made after actual earnings announcements, we find that both the number and type of benchmarks associated with the guidance forms matter. High-knowledge investors use both primary (explicitly stated) and secondary (implicitly stated) benchmarks, whereas low-knowledge investors attend only to primary benchmarks. We also find that investors have greater confidence in their earnings estimates when management guidance explicitly provides best estimates.

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van Marle, C., and C. Kranenburg. "Effects of Gravity Currents in Circular Secondary Clarifiers." Journal of Environmental Engineering 120, no. 4 (July 1994): 943–60. http://dx.doi.org/10.1061/(asce)0733-9372(1994)120:4(943).

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Jategaonkar, Ravi, and Leslie G. Jaeger. "Secondary effects of intermediate diaphragms in beam-and-slab bridges." Canadian Journal of Civil Engineering 15, no. 4 (August 1, 1988): 644–72. http://dx.doi.org/10.1139/l88-086.

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The effect of intermediate diaphragms on the distribution of longitudinal bending moments in beam-and-slab bridges has been studied previously. In the present paper, that work is extended so as to cover the effect of such diaphragms on transverse moments, shear forces, and support reactions.A method is developed which uses two non-dimensional parameters. The method enables the designer to obtain the necessary design information for bridges having any number of intermediate diaphragms of widely different stiffnesses, without having to do a separate analysis for each case. Key words: beam-and-slab bridge, diaphragm, cross-frame, grillage analogy, finite element method, orthotropic plate theory.

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16

Chyla, Łukasz. "Problem prejudycjalnego związania sądu polubownego wyrokami sądów powszechnych i polubownych." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 21 (October 4, 2017): 61–78. http://dx.doi.org/10.19195/1733-5779.21.5.

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Legal effects of prejudicial awards in arbitral proceedingsThe aim of the article is to present a highly controversial issue whether the legal effects of prejudicial awards of either common court or arbitration court shall be binding for another arbitration tribunal resolving the same dispute between the same parties. This issue is broadly disputable, essentially after the Polish Supreme Court delivered two contrary judgments regarding this matter. Arguably, it remains unclear whether art. 365 of the Polish Code of Civil Procedure is applicable not only to common courts but also to arbitration tribunals. Moreover, because of the preliminary meaning of art. 1184 of the CCP, it is also questionable whether arbitration courts are bound by some provisions of civil procedure, specifically art. 365 of the CCP. The aim of this article is to analyze and address these legal issues as well as to explain why, in my opinion, arbitration tribunals shall eventually be bound by earlier awards — either those delivered by the common courts or arbitration tribunals.

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Rasouli, Soora, and Harry Timmermans. "Judgments of travel experiences, activity envelopes, trip features and multi-tasking: A panel effects regression model specification." Transportation Research Part A: Policy and Practice 63 (May 2014): 67–75. http://dx.doi.org/10.1016/j.tra.2014.02.012.

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Davis, James H., Lorne Hulbert, Wing Tung Au, Xiao-ping Chen, and Paul Zarnoth. "Effects of group size and procedural influence on consensual judgments of quantity: The examples of damage awards and mock civil juries." Journal of Personality and Social Psychology 73, no. 4 (1997): 703–18. http://dx.doi.org/10.1037/0022-3514.73.4.703.

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19

Chen, Xingyu, Fang Qiu, Haojun Tang, Yongle Li, and Xinyu Xu. "Effects of Secondary Elements on Vortex-Induced Vibration of a Streamlined Box Girder." KSCE Journal of Civil Engineering 25, no. 1 (November 9, 2020): 173–84. http://dx.doi.org/10.1007/s12205-020-0035-0.

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20

Murray, Laura L., Audrey L. Holland, and Pelagie M. Beeson. "Auditory Processing in Individuals With Mild Aphasia." Journal of Speech, Language, and Hearing Research 40, no. 4 (August 1997): 792–808. http://dx.doi.org/10.1044/jslhr.4004.792.

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This study examined the effects of lesion location (frontal vs. posterior) and nature of distraction (nonverbal vs. verbal secondary, competing task) on mildly aphasic individuals’ performances of listening tasks that required semantic judgments and lexical decisions under isolation, focused attention, and divided attention conditions. Despite comparable accuracy among all groups during isolation conditions, the aphasic groups responded less accurately and more slowly than the normal control group during focused and divided attention conditions. Generally, the two aphasic groups performed similarly, quantitatively and qualitatively. Demographic characteristics such as time post stroke did not correlate with performance decrements. Independent of group, all individuals showed greater disruption of auditory processing skills when the secondary task was verbal rather than nonverbal. Within a limited-capacity model of attention, the results suggest that aphasic individuals display impairments of attention and resource allocation and that these impairments negatively interact with their auditory processing abilities.

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Walton, John C., and Charles B. Anker. "Secondary Effects of Soil Venting and Potential Low-Cost Enhancements." Groundwater Monitoring & Remediation 16, no. 3 (August 1996): 91–97. http://dx.doi.org/10.1111/j.1745-6592.1996.tb00144.x.

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22

Miązek, Michalina. "Występek uprowadzenia osoby małoletniej lub nieporadnej na tle regulacji międzynarodowych." Zbliżenia Cywilizacyjne 16, no. 1 (March 30, 2020): 26–52. http://dx.doi.org/10.21784/zc.2020.003.

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International regulations provide comprehensive and sufficient protection against cross-border abductions and detentions. Among the most important international law instruments is the Convention on the Civil Aspects of International Child Abduction. (The Hague, 25th October 1980) This international agreement allows protection for victims of the crime in question against its negative effects. In addition, the Convention guarantees the immediate return of the unlawfully abducted or detained to the country of permanent residence. Among the discussed international law documents, the Council Regulation No. 2201/2003 (the so-called Brussels II bis 27th November 2003) deserves special attention. It regulates jurisdiction and the recognition and enforcement of judgments and parental responsibility.

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Kallel-Kamoun, I., A. Chateauminois, and F. Sidoroff. "Secondary effects in the analysis of the post-buckling bending test." Composite Structures 50, no. 1 (September 2000): 85–92. http://dx.doi.org/10.1016/s0263-8223(00)00086-6.

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Chatterjee, Subhasish, and John F. Carney. "Passenger Train Crashworthiness—Secondary Collisions." Transportation Research Record: Journal of the Transportation Research Board 1531, no. 1 (January 1996): 13–19. http://dx.doi.org/10.1177/0361198196153100102.

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Secondary collisions in passenger train crashes are considered and a companion paper dealing with primary collisions is followed up. The effects of crash pulse magnitude and duration, occupant flail distance, and the nature of the impacted surface are considered. The constitutive relationship for a Hybrid III dummy head satisfying the peak acceleration requirements of FMVSS208 is developed and used with the crash victim simulator MADYMO to investigate the impact response of train passengers seated in a unidirectional layout. It is shown that the design of the coach shell and the interior have to be integrated to obtain train designs that will minimize occupant injuries in the event of train collisions.

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25

Arai, Katsuhiko. "Relationship between Time Effects in Triaxial Test and Secondary Compression." Soils and Foundations 34, no. 3 (September 1994): 59–69. http://dx.doi.org/10.3208/sandf1972.34.3_59.

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26

Olaru, Ioana. "Pactele asupra unei succesiuni viitoare - 150 de ani de singurătate." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (March 16, 2021): 750–86. http://dx.doi.org/10.24193/subbiur.65(2020).4.22.

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This article examines the agreements as to succession from a historical perspective and in the context of the particular effects given by the Regulation (EU) no. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The article aims to establish the content and the admissibility of these agreements in successions having cross-border implications that are governed by Romanian applicable law, and to determine which agreements allowed by Romanian civil law could fall under the European definition.

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Xia, Jianghao. "The Best Interests of the Child Principle in Residence Disputes after Parental Divorce in China." International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 105–25. http://dx.doi.org/10.1093/lawfam/ebaa001.

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Abstract This article analyses how the best interests of the child principle have been implemented in residence disputes following a parental divorce in China. In doing so, it will analyse the Chinese Marriage Law 2001 and the Specific Opinions on Child-upbringing Issues after Parental Divorce, drawing on an empirical study conducted by the author involving 300 litigated cases over residence disputes in courts. This study shows that the continuity of circumstances and the abilities of each of the parents are used as the primary and secondary criteria for residence judgments, respectively. And it appears that Chinese judges prefer certain easily ascertainable factors, eg parents’ financial ability and the continuity of circumstances, to other internally emotional factors, eg children’s emotional needs and attachments. In addition, a considerable number (69 per cent) of the judges tend to simplify the decision-making process by only considering a single factor alone, or even no specific factor. In view of this, several legislative proposals for the statutory provision of residence disputes in the forthcoming Chinese Civil Code are put forward.

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Wang, Daniel W. L. "Courts and health care rationing: the case of the Brazilian Federal Supreme Court." Health Economics, Policy and Law 8, no. 1 (October 8, 2012): 75–93. http://dx.doi.org/10.1017/s1744133112000291.

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AbstractThe recognition that access to health care is a constitutional right in Brazil has resulted in a situation in which citizens denied treatments by the public health care system have brought lawsuits against health authorities, claiming that their right to health was violated. This litigation forces the courts to decide between a patient-centred and a population-centred approach to public health – a choice that forces the courts to assess health care rationing decisions. This article analyses the judgments of the Brazilian Federal Supreme Court in right to health cases, arguing that the Court's recent decisions have been contrary to their long-standing stance against rationing. In 2009, the Court organized a public hearing to discuss this topic with civil society and established criteria to determine when rationing would be legal. However, I argue that these criteria for health care rationing do not adequately address the most difficult health care distribution dilemmas. They force the health care system to keep their rationing criteria implicit and make population-centred concerns secondary to individual-centred ones.

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Liu, Hua, Elizabeth Bates, Tracy Powell, and Beverly Wulfeck. "Single-word shadowing and the study of lexical access." Applied Psycholinguistics 18, no. 2 (April 1997): 157–80. http://dx.doi.org/10.1017/s0142716400009954.

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ABSTRACTA new procedure called single-word shadowing was applied to the study of lexical access in context. Subjects listened to word pairs or sentences recorded in one voice and were asked to repeat the target word signaled by a voice shift. This technique yielded rapid and robust priming effects in normal adult subjects in word pairs and in a sentence context. Regression analyses showed that the semantic priming effects were large and significant, even when several additional factors believed to affect lexical access were controlled. Evidence was found for robust semantic priming in the healthy elderly and in children from 7 to 11 years of age, and there was also evidence for a change in the size and nature of context effects across the lifespan. Because single-word shadowing works across a broad age range and does not require reading, secondary tasks, or metalinguistic judgments, it is a promising tool for the study of lexical access in a range of different populations.

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Peng, Weihua, John Rigdon, and George Russell. "Sludge Blanket Formation and Its Effects on Secondary Clarifier Performance." Journal of Environmental Engineering 133, no. 7 (July 2007): 758–64. http://dx.doi.org/10.1061/(asce)0733-9372(2007)133:7(758).

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Plano, Stephen, Lisa L. Zeimer, Sarah Williamson, David Smith, and Joseph DiMisa. "Secondary and Cumulative Effects of Replacing the Woodrow Wilson Bridge: Process and Conclusions." Transportation Research Record: Journal of the Transportation Research Board 1756, no. 1 (January 2001): 79–86. http://dx.doi.org/10.3141/1756-09.

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Humphrey, Dana N., and Lynn E. Katz. "Water-Quality Effects of Tire Shreds Placed Above the Water Table: Five-Year Field Study." Transportation Research Record: Journal of the Transportation Research Board 1714, no. 1 (January 2000): 18–24. http://dx.doi.org/10.3141/1714-03.

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A field trial was constructed beneath a secondary state highway in North Yarmouth, Maine, to investigate the water-quality effects of tire shred fills placed above the groundwater table. Samples were collected in three 3-m2 geomembrane-lined basins located beneath the shoulder of the road. Two of the basins are overlaid by 0.61 m of tire shreds with a 75-mm maximum size topped by 0.72 to 1.37 m of granular soil. The third basin serves as a control and is overlaid by only 0.72 m of granular soil. Quarterly samples for inorganic constituents were taken from January 1994 through June 1999. In addition, samples were taken for volatile and semivolatile organic compounds on three dates. Filtered and unfiltered samples were analyzed for the following substances, which have a primary drinking water standard: barium, cadmium, chromium, lead, and selenium. There was no evidence that the presence of tire shreds altered the concentrations of these substances from their naturally occurring background levels. In addition, there was no evidence that tire shreds increased the levels of aluminum, zinc, chloride, and sulfate, which have secondary (aesthetic) drinking water standards. In a few samples, iron levels exceed their secondary standard. Manganese levels consistently exceeded their secondary standard; however, this is an aesthetic-based standard. Three sets of samples were tested for organics. Negligible levels of organics were found.

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Liu, Shaodong, Shuxian Liu, Shasha Lu, Fenghai Ma, and Ge Pei. "Seismic Behaviour of Shallow Tunnelling Method Tunnels Accounting for Primary Lining Effects." Buildings 13, no. 1 (December 22, 2022): 20. http://dx.doi.org/10.3390/buildings13010020.

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The shallow tunnelling method (STM) is usually used to construct shallow tunnels buried in soft ground. It consists of primary lining and secondary lining (tunnel). In the seismic design of STM tunnels, it is usually assumed that the secondary lining (tunnel) is resistant to all seismic effects. However, the soil–primary–secondary lining system may generate complex interaction phenomena during ground shaking. Compared with the case where the primary lining is not considered, the existence of the primary lining alters the seismic response of the secondary lining (tunnel). The paper attempts to investigate this complex interaction, focusing on the response of the secondary lining (tunnel). The full dynamic time history analysis is adopted to investigate the interaction in the transversal direction. A case history of the Hohhot (China) arched STM tunnel buried in a stratified soil deposit has been analyzed. Two tunnel configurations for a two-dimensional plane strain model of STM tunnels in Hohhot are studied and compared, including a model with primary lining and one without primary lining. A numerical parametric analysis was conducted to elucidate critical response characteristics of STM tunnels. Salient parameters that may affect the dynamic response of the tunnel were studied, including the characteristics of ground motion, the characteristics of contact interface, the characteristics of the soil, and the characteristics of the tunnel lining. The response characteristics of the tunnel are compared and discussed, including horizontal acceleration, deformation mode, lining internal force, and lining damage. The results show that the primary lining has a significant influence on the magnitude and distribution of the seismic response, especially considering the nonlinearity of the soil and the nonlinear characteristics of the tunnel lining. The effect of primary lining on the seismic response is about 5%–35 %.

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Michopoulou, Eleni. "Living Happily in the Era of COVID-19: Philosophical and Positive Psychology Intervention in Secondary Education." Conatus 7, no. 2 (December 31, 2022): 193–227. http://dx.doi.org/10.12681/cjp.31765.

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In the coronavirus pandemic crisis, the mental well-being of adolescents was significantly burdened and, in this context, an innovative school intervention program was applied and its effect was investigated. The program involved a structured 11-weeks-long psycho-educational intervention on a sample of 11 Greek high school students (aged 16-17 years), combining principles of Epicurean and Stoic Philosophy with Positive Psychology techniques, aiming at promoting their mental well-being and the effective management of the psychological effects of the pandemic crisis. A qualitative methodology was used for data collection, including triangulation and data enrichment, self-referential demographic questionnaires, focus group and group interviews, semi-structured individual oral interviews and written descriptions and narratives. Before the intervention, the students’ needs and expectations were investigated through written narratives and, after the intervention, semi-structured individual oral interviews and group interviews recorded their personal experiences and evaluative judgments. The application of positive techniques of meaning in life, optimism, gratitude and the development of positive relationships, combined with a cognitive reconstruction based on the principles of Epicureanism and Stoicism, had beneficial effects on the participating students, including emotional state improvement, mental well-being enhancement, and improved aspects of quality of life, such as subjective health, cognitive and school performance, family and interpersonal relationships. The highlight of the study was the emergence of the supporting role of Philosophy in the effectiveness of the applied techniques of Positive Psychology in the management of the psychological and social impact of the COVID-19 pandemic.

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Bhul, BabuRam. "Perceptional Effects of Reservation Policy for The Inclusive Civil Service of Nepal." International Journal of Social Sciences and Management 8, no. 2 (April 28, 2021): 380–90. http://dx.doi.org/10.3126/ijssm.v8i2.34676.

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This research article aims to carry out the perceptional effects of reservation policy for the inclusive civil service of Nepal with the theoretical foundation of equitable and a just society. This article adopted mixed method approach. Similarly, in order to show the linkage between primary and secondary data, content analysis was conducted from the observational notes, field notes, and responses collected by closed ended questionnaire for 130 respondents in questionnaire survey and interviews. The bivariate analysis between dependent variable and independent variable shows the effects of gender, age and education matters in inclusiveness of civil service i.e. there is high relationship between these variables. Organizational effects of reservation system have been highly significant relationship between the representativeness and participation in civil service of Nepal. This newly introduced system has been able to give some positive impacts in terms of increasing representation of some marginalized communities but has created some controversies and confusions as well. Whereas Nepalese reservation system has not still given comprehensive attention to all the dimensions of exclusion but its effects on generating attraction of some targeted marginalized people towards national bureaucratic system is literally praiseworthy Int. J. Soc. Sc. Manage. Vol. 8, Issue-2: 380-390

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Rehman, Ashfaq, Shughla Ashfaq, and Taj Muharram Khan. "Kargil Operation and its Effects on the Civil-Military Relations in Pakistan." Liberal Arts and Social Sciences International Journal (LASSIJ) 2, no. 2 (December 31, 2018): 10–21. http://dx.doi.org/10.47264/idea.lassij/2.2.2.

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This paper aims to analyse the reasons of strained civil-military relations between the Army under General Pervaiz Musharraf as Chief of Army Staff and the civilian government under the premiership of Nawaz Sharif. A mixed method approach has been adopted for collection of primary and secondary data for this descriptive, theoretical, and qualitative study. The analysis shows that the relations between the two institutions i.e., the civilian government and the military were deteriorated due to an ill-fated Kargil war launched by the then Army Chief solely on his own decision. The war under the guise of Kashmiri mujahedeen movement became an unpleasant event for Pakistan in the international community. The situation compelled the elected government to declare withdrawal of the para-military forces unilaterally thus causing further damages in terms of human and material losses. The military, opposition parties and other groups in the country blamed the civilian government for this failure. Therefore, the post Kargil war developments became a major source of contention between civil and military leadership. The events and reasons leading to the removal of Army Chief, dismissal of elected government and dissolution of national and provincial assemblies have been critically analysed in this study.

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Cederman, Lars-Erik, Kristian Skrede Gleditsch, Idean Salehyan, and Julian Wucherpfennig. "Transborder Ethnic Kin and Civil War." International Organization 67, no. 2 (April 2013): 389–410. http://dx.doi.org/10.1017/s0020818313000064.

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AbstractA series of studies has shown that civil wars are caused not only by factors inside countries, but also by effects operating across state borders. Whereas a first wave of quantitative studies demonstrated that such effects make the “closed-polity” assumption untenable, more recently researchers have identified particular causal mechanisms driving conflict. Despite these recent advances, a central puzzle remains unresolved, namely why ethnic groups that at least in theory could count on support from large transborder ethnic kin (TEK) groups often have remained surprisingly peaceful, such as the stranded Russian populations in the “near abroad.” We propose a theoretical framework that extends the analysis from the primary dyad between the incumbent and the challenger group by adding a secondary dyad that pits the incumbent against the TEK group. We postulate a curvilinear effect of the TEK group's relative size on conflict onset. Using a new data set on transnational ethnic links, we find that that the risk of conflict increases within the middle range of the size spectrum, consistent with our main hypothesis. This means that large TEK groups have a conflict-dampening effect, provided that they control their own state. Excluded TEK groups, however, are not associated with lower conflict probabilities.

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Risteska, Martina, Birsen Donmez, Huei-Yen W. Chen, and Miti Modi. "Prevalence of Engagement in Single versus Multiple Types of Secondary Tasks: Results from the Naturalistic Engagement in Secondary Task (NEST) Dataset." Transportation Research Record: Journal of the Transportation Research Board 2672, no. 37 (August 22, 2018): 1–10. http://dx.doi.org/10.1177/0361198118791394.

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We investigated engagement in single vs. multiple types of secondary tasks in distraction-affected, safety-critical events (SCEs), i.e., crashes/near-crashes, and baselines reported in the Naturalistic Engagement in Secondary Tasks (NEST) dataset. NEST was created from Second Strategic Highway Research Program (SHRP2) data for studying distractions in detail. Early descriptive analysis on NEST found that most distraction-affected SCE and baseline epochs (10 s long) include more than one type of secondary task, suggesting that a considerable number of drivers may be engaging in multiple secondary activities within a relatively short time frame, potentially being exposed to increased demands brought on by multi-tasking and task-switching. We conducted inferential statistics on NEST focusing on engagement in single vs. multiple types of tasks across SCEs and baselines. A logit model was built to compare the odds of engaging in single vs. multiple types of tasks with the following predictors: event type (SCE, baseline), environmental demand, GPS speed, and driver age. The last three predictors were included to capture the driving demands experienced, which may have impacted drivers’ task engagement behavior. Odds of engagement in multiple types of secondary tasks was higher in SCEs than baselines. Furthermore, with marginal statistical significance, drivers 65 years and over were less likely to engage in multiple types of secondary tasks than younger drivers. Overall, engagement in multiple secondary task types is more prevalent in SCEs. Most crash risk studies to date have reported the effects associated with one type of secondary task. However, it appears that these effects may be confounded by the presence of other secondary tasks.

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Ricketts, Todd, and Paula Henry. "Low-Frequency Gain Compensation in Directional Hearing Aids." American Journal of Audiology 11, no. 1 (June 2002): 29–41. http://dx.doi.org/10.1044/1059-0889(2002/006).

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Hearing aids currently available on the market with both omnidirectional and directional microphone modes often have reduced amplification in the low frequencies when in directional microphone mode due to better phase matching. The effects of this low-frequency gain reduction for individuals with hearing loss in the low frequencies was of primary interest. Changes in sound quality for quiet listening environments following gain compensation in the low frequencies was of secondary interest. Thirty participants were fit with bilateral in-the-ear hearing aids, which were programmed in three ways while in directional microphone mode: no-gain compensation, adaptive-gain compensation, and full-gain compensation. All participants were tested with speech in noise tasks. Participants also made sound quality judgments based on monaural recordings made from the hearing aid. Results support a need for gain compensation for individuals with low-frequency hearing loss of greater than 40 dB HL.

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Trzaskowski, Roman. "SKUTKI PRAWNE ORZECZEŃ TRYBUNAŁU KONSTYTUCYJNEGO W UJĘCIU CZASOWYM." Zeszyty Prawnicze 3, no. 2 (May 10, 2017): 313. http://dx.doi.org/10.21697/zp.2003.3.2.14.

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Effects of Constitutional Tribunal’s Judgments in the Time PerspectiveSummaryThe problem of the time effects of the Constitutional Tribunal’s rulings remain within the area of interest of both constitutional and civil law scholars. It is widely discussed because of its enormous practical importance: more and more often the common courts and the Supreme Court have to deal with the laws which have been declared unconstitutional.The main question is whether the courts should apply the unconstitutional law while deciding on a case in which legally significant events had taken place before the law was declared null and void.The Polish Constitution does not give a clear answer to this question. The most important provisions seem to be contradictory, which makes it possible to use them as arguments for opposing positions.The scholars’ opinions differ significantly: some of them, followed by the Supreme Court, accept the so-called „retrospective” effect (the unconstitutional law cannot by applied), the others, together with the Constitutional Tribunal, take the opposite view. A few try to find a compromise.The proposition presented in this paper is to be classified as belonging to the third group.Indeed it seems that there is a need for a flexible approach. The time effects of a ruling shall be expressly stated by the Constitutional Tribunal. When the Tribunal fails to do so, the common courts have to asses themselves the rulings’ effects, being guided, among other things, by the principles of the civil law. There are strong arguments that the Constitution seems to favor the retroactive effect, yet it is not decisive. There are certainly situations, where a prospecitve effect shall be accepted: ultimately it is a question of balancing different constitutional and civil law values.

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Budhiawan, A., T. Kamello, N. N. Sirait, and H. Purba. "Cancellation Standard of Agreements Based on the Doctrine of Undue Influence in Court Verdicts." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, no. 4 (November 9, 2020): 3445–53. http://dx.doi.org/10.33258/birci.v3i4.1381.

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The doctrine of undue influnce has now become one of the new grounds of will defect to cancel the agreement or contract in the court’s practices. Undue influence as a condition of will defect is not set out in the Civil Code. This study discusses the cancellation standard of the agreement due to a defect of will be based on the doctrine of undue influence in the court judgments. The research method is a normative juridical through several approaches: doctrinal approach and theoretical approach that are associated with secondary data in the form of statutory provisions, and court verdicts relating to the legal problems. The results of the study found that the court verdicts to cancel the agreement based on the doctrine of undue influnce is occurs due to two main factors: the economic excellence factor and the psychiatric excellence factor. Several elements used to see the event are (1) the existence of a special circumstance, (2) a real thing, (3) abuse of circumstance, and (4) causal relationship. It can be concluded that undue influence doctrine is contrary to the principle of justice, the principle of freedom of contract, the principle of consensus, the principle of good faith, as well as the principles of decency and habit. It’s recommended to form a legal norm in the Civil Code. The doctrine of undue influence should also be specified to limited circumstances of pre-contract, after execution of the contract, or because of a real loss for either the involved parties.

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Katić, Nikolina, Matea Bašić, and Morana Briški. "Right of Access to Supreme Courts in Light of the Guarantees under Article 6 § 1 of the Convention on Human Rights and Fundamental Freedoms (civil aspect)." Croatian International Relations Review 24, no. 81 (May 1, 2018): 69–90. http://dx.doi.org/10.2478/cirr-2018-0004.

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Abstract Right of access to a court, enshrined in Article 6 § 1 of the European Convention on Human Rights and Fundamental Freedoms forms one of the basis for reinforcement of the principle of rule of law. However, the right of access to a court may be limited by provisions of national legislation regulating the functioning of the judicial system and rules of judicial procedure. The higher the hierarchy of the court, the more limits may be placed on the right of access to it. The aim of this article is to examine the different modalities of organisation of supreme judiciaries in European countries (members of the Council of Europe) and mechanisms established in national legislation for filtering applications to those jurisdictions in civil cases, in light of the principles set forth in that regard by the ever evolving case-law of the European Court of Human Rights, and the effects of its judgments and decisions on national legal systems.

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Davis, Allen G. "Assessing Reliability of Drilled Shaft Integrity Testing." Transportation Research Record: Journal of the Transportation Research Board 1633, no. 1 (January 1998): 108–16. http://dx.doi.org/10.3141/1633-14.

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The reliability of an engineering system can be described as the degree of confidence in the system performing as it is designed or intended to do. This can be assessed by a purely subjective, “gut feeling” reaction from the engineer making judgments based on the test results, or it can be expressed mathematically by considering the reliability of individual system components, together with their relative effects on the performance of the total system. Nondestructive testing (NDT), when used in the quality control of drilled shafts, can be viewed from two extremes: either NDT helps engineers confirm that their design and intended performance criteria are being met, or NDT checks that the contractor has supplied the owner with the product for which the owner has paid (material quality, minimal geometric requirements, etc.). NDT methods currently available are more suited to the first scenario (performance specification). This is supported by analysis of the parameters controlling NDT results and by experience in the United States and in the rest of the world.

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Bona, Marco. "Disapplication of Austrian Law Denying Compensation for Bereavement Damages: A Judgment by Italian Supreme Court on the Notion of Public Policy." European Business Law Review 26, Issue 4 (September 1, 2015): 509–29. http://dx.doi.org/10.54648/eulr2015025.

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This paper addresses the application of Article 4 and Article 26 (“Public Policy of the forum”) of Rome II Regulation specifically in relation to claims for bereavement damages in cross-border fatal accidents. It does so by first illustrating an Italian Supreme Court’s judgment that disapplied Austrian law denying awards for nonpecuniary damages to secondary victims. This precedent and other developments, including recent ECJ judgments on Motor Insurance Directives, show that there are grounds for national judges to limit the negative effects of Article 4: the ‘public policy’ rule can be an effective weapon against any denial of or any relevant restriction to victims’ right to full and fair compensation. More in general this paper’s conclusion is that a national judge, pursuant to Article 26, is entitled to disapply the foreign law which, in contrast with his internal public policy, would require him to discriminate in peius among victims suffering violations of fundamental rights.

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Muir, Elise. "Of ages in – and edges of – EU law." Common Market Law Review 48, Issue 1 (February 1, 2011): 39–62. http://dx.doi.org/10.54648/cola2011003.

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The notions of primacy and direct effect, as well as the relationship between them, influence the fundamental dynamics of the European Union legal order. Two recent judgments of the European Court of Justice, Mangold and Kücükdeveci, trigger uncertainty regarding the theoretical model underlying the effects of EU law and the circumstances in which EU law can create obligations for individuals. They constitute new landmarks for the identification of the edges of EU law. It is submitted that the Court’s novel approach, allowing for the EU principle of equality to place new obligations on individuals, is founded upon the notion of direct effect. Although the Court does not clearly elucidate why it develops the horizontal direct effect of the principle of equality, it will be suggested that the reach of this case law may be limited to specific areas of EU secondary law (such as anti-discrimination law) actually giving effect to a general principle of EU law.

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Chen, Wan-Hui, Chih-Yung Lin, and Ji-Liang Doong. "Effects of Interface Workload of In-Vehicle Information Systems on Driving Safety." Transportation Research Record: Journal of the Transportation Research Board 1937, no. 1 (January 2005): 73–78. http://dx.doi.org/10.1177/0361198105193700111.

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Driver distraction and lack of awareness of the driving situation are major causes of accidents in the urban areas in Taiwan; failing to obey traffic signals is the third leading accident cause. Numerous innovative in-vehicle information systems (IVIS) could be used collectively to provide drivers with a variety of information, such as messages from intersection collision warning systems (ICWS) by way of different in-vehicle interfaces. How the different IVIS interfaces influence driver workload and safety is always an important issue. This study investigates the effects of auditory ICWS messages on driver performance while the driver's visual, hearing, or mental processing attention resources (or all three) are engaged by secondary tasks. This type of engagement or distraction commonly occurs when a driver uses IVIS. The secondary tasks used to distract drivers were created by different types of mathematical questions presented with different types of display devices (e.g., voice from a speaker or numbers shown on a liquid crystal display screen or head-up display). Mixed linear models were employed to examine the factors influencing driver perception–reaction time with the consideration of repeated measures. Several factors, including several main factors and an interaction, were found to be significant. The most important finding was that the interaction between provision of ICWS information and the display format indicated that an auditory warning message could increase driver perception–reaction time while a driver was distracted by an auditory task. In addition, it was found that driver distraction due to different mental processing tasks had a significant impact on driver perception–reaction time.

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Kato, Daisuke, Daisuke Sato, and Tadashi Takamatsu. "Effects of opening location on flexural behavior of RC columns with sidewalls." Bulletin of the New Zealand Society for Earthquake Engineering 50, no. 4 (December 31, 2017): 547–54. http://dx.doi.org/10.5459/bnzsee.50.4.547-554.

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Practical use of secondary walls such as sidewalls is common because the contributions of secondary walls for stiffness or strength have been recognized. In 2016, “AIJ Standard for Lateral Load-carrying Capacity Calculation of Reinforced Concrete Structures” was published as a draft by Architectural Institute of Japan. In this standard new equations for columns with side walls were proposed. From this viewpoint, the authors have conducted static loading tests of flexurally controlled RC column specimens with single opening in the sidewall, to investigate the effects of openings on strength and deformation capacity of RC columns with a side walls. In this paper, the limitations on location of openings inside sidewalls to avoid their effects on flexural strength and deformation capacity are examined using design equations for flexural strength based on full plastic moment of the column and sidewall. The test results indicate that the proposed limitation line on location of openings to avoid their effects for flexure could be effective for practical design.

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Wijntjens, Lianne. "The (Non-Existent) Legal Risks of Apologising: Courts Do Not See Apologies as a Way to Accept Civil Liability." Journal of European Tort Law 13, no. 3 (December 1, 2022): 271–301. http://dx.doi.org/10.1515/jetl-2022-0014.

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Abstract Psychological research shows that apologies can have many positive effects. However, in a legal context, the positive potential of apologies could be complicated when legal proceedings raise barriers to apologising. Ideally, legal proceedings should encourage wrongdoers to apologise rather than discourage them. There is still much debate about the legal consequences of apologising. According to popular wisdom, persons who face the prospect of being blamed for an act should avoid apologising. Offering an apology would be risky because the apology could be interpreted as an admission of liability. The question is whether this reticence is justified. For many jurisdictions, we still know little about the exact role that apologies play in judicial decision-making. This paper provides a detailed and structured overview of how apologies can play a role in judicial decision-making in a civil law legal system. A structured content analysis was conducted, in which almost 4,000 Dutch judgments were analysed. The research findings show that the role apologies can play in legal decision-making is much more complex than previously assumed in the literature. This study shows that different modalities can be distinguished. Apologies almost never appear to lead to negative legal consequences, and, in many cases, apologising actually has legal benefits for the provider of such apology. Also, the case law analysis highlights that there are ways to encourage apologising in legal proceedings.

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Kim, Pyounghwa, Whi Seok Han, Jeong Hun Kim, Jeonghwa Lee, Young Jong Kang, and Seungjun Kim. "Analytical Investigation of the Effects of Secondary Structural Members on the Structural Behaviors of Transmission Towers." Buildings 13, no. 1 (January 13, 2023): 223. http://dx.doi.org/10.3390/buildings13010223.

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High-voltage transmission towers consist of structures that are designed to avoid the risk of electric shock and prevent the risk of collapse. Hence, for efficiency, they are generally designed as high-rise towers. The main tower posts are the primary structural members that resist loads under various load conditions. Therefore, the contribution of the secondary members to securing the stiffness and strength of the main posts by reducing the effective buckling length is an important one. However, we lack detailed secondary member design criteria. In this study, we observed the structural effects of the horizontal members and braces on the torsional stiffness, elastic buckling strength, and load-carrying capacity of a transmission tower using various structural analysis methods, including linear elastic, eigenvalue, and geometric nonlinear and inelastic analyses, under governing load combinations. According to the analytical results, it is the brace spacing rather than the horizontal members that substantially affects the structural performance. Therefore, we can minimize the number of horizontal members if we erect sufficient brace members. If the brace spacing is wide, then the horizontal members should be erected to create K bracing, thereby enhancing the buckling resistance of the main posts.

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Schmidt, L. C., and P. R. Morgan. "Successive Strain Aging Effects on Member Strength and Ductility." International Journal of Space Structures 4, no. 2 (June 1989): 81–88. http://dx.doi.org/10.1177/026635118900400202.

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Tubular test specimens were fabricated by an electric resistance welding process from a rimmed steel with a low strain hardening ratio (1.16). These specimens were tested in tension with the purpose of highlighting the effects on member strength and ductility of successive cycles of straining and aging on the same specimen. The results from the various tests, which had different cyclic patterns, were used to indicate the importance of these effects. The overall effect is that successive straining and strain aging cycles incrementally increase strength and reduce ductility up to a limit. The pattern of the cycles is of secondary importance.

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