WorldWideScience

Sample records for judicial pronouncements pronouncements

  1. Educational Interventions in Counseling: The Need to Avoid Pronouncements

    Science.gov (United States)

    Mawson, Carol Dienhardt

    1978-01-01

    Pronouncements are unqualified statements of, or declarations of, expertise. It is suggested that pronouncements are generally an unethical form of language for the counselor-teacher to use, and that although they serve a number of persuasive functions for the counselor, they mystify knowledge and authority relationships for the client. (Author)

  2. Is There a Pronounced Giant Dipole Resonance in 4He?

    International Nuclear Information System (INIS)

    Efros, V.D.; Efros, V.D.; Leidemann, W.; Orlandini, G.; Orlandini, G.

    1997-01-01

    A four-nucleon calculation of the total 4 He photodisintegration cross section is performed. The full final-state interaction is taken into account for the first time. This is achieved via the method of the Lorentz integral transform. Semirealistic NN interactions are employed. Different from the known partial two-body 4 He( γ,n) 3 He and 4 He( γ,p) 3 H cross sections our total cross section exhibits a pronounced giant resonance. Thus, in contrast to older (γ,np) data, we predict quite a strong contribution of the (γ,np) channel at the giant resonance peak energy. copyright 1997 The American Physical Society

  3. Dutch word stress as pronounced by Indonesian students

    Directory of Open Access Journals (Sweden)

    Lilie M. Roosman

    2009-10-01

    Full Text Available This study focuses on the way in which the Dutch monophthongal vowels are pronounced by Indonesian students. To investigate whether Indonesian students realize the Dutch vowels correctly, especially when they are stressed, I analysed duration and quality of stressed and unstressed Dutch vowels. Measurements were done on the duration and the formant frequencies of the vowels spoken by Indonesian students and by native speakers of Dutch as well. Statistical analysis showed that in general the differences in duration between vowels spoken by the Indonesian students and by the native speakers were not significant. However, the effect of stress on the lengthening of the vowels was stronger for the Indonesian students than for the native speakers. In addition, statistical analysis of the formant frequencies confirmed that the non-native speakers realized the Dutch vowels slightly differently from the Dutch native speakers. The Indonesian students pronounced the stressed vowels more clearly than their unstressed counterparts; yet their vowel diagram is smaller than the vowel diagram of the native speakers.

  4. Atmospheric turbulence triggers pronounced diel pattern in karst carbonate geochemistry

    Science.gov (United States)

    Roland, M.; Serrano-Ortiz, P.; Kowalski, A. S.; Goddéris, Y.; Sánchez-Cañete, E. P.; Ciais, P.; Domingo, F.; Cuezva, S.; Sanchez-Moral, S.; Longdoz, B.; Yakir, D.; Van Grieken, R.; Schott, J.; Cardell, C.; Janssens, I. A.

    2013-07-01

    CO2 exchange between terrestrial ecosystems and the atmosphere is key to understanding the feedbacks between climate change and the land surface. In regions with carbonaceous parent material, CO2 exchange patterns occur that cannot be explained by biological processes, such as disproportionate outgassing during the daytime or nighttime CO2 uptake during periods when all vegetation is senescent. Neither of these phenomena can be attributed to carbonate weathering reactions, since their CO2 exchange rates are too small. Soil ventilation induced by high atmospheric turbulence is found to explain atypical CO2 exchange between carbonaceous systems and the atmosphere. However, by strongly altering subsurface CO2 concentrations, ventilation can be expected to influence carbonate weathering rates. By imposing ventilation-driven CO2 outgassing in a carbonate weathering model, we show here that carbonate geochemistry is accelerated and does play a surprisingly large role in the observed CO2 exchange pattern of a semi-arid ecosystem. We found that by rapidly depleting soil CO2 during the daytime, ventilation disturbs soil carbonate equilibria and therefore strongly magnifies daytime carbonate precipitation and associated CO2 production. At night, ventilation ceases and the depleted CO2 concentrations increase steadily. Dissolution of carbonate is now enhanced, which consumes CO2 and largely compensates for the enhanced daytime carbonate precipitation. This is why only a relatively small effect on global carbonate weathering rates is to be expected. On the short term, however, ventilation has a drastic effect on synoptic carbonate weathering rates, resulting in a pronounced diel pattern that exacerbates the non-biological behavior of soil-atmosphere CO2 exchanges in dry regions with carbonate soils.

  5. Pronounceability: a measure of language samples based on children's mastery of the phonemes employed in them.

    Science.gov (United States)

    Whissell, Cynthia

    2003-06-01

    56 samples (n > half a million phonemes) of names (e.g., men's, women's jets'), song lyrics (e.g., Paul Simon's, rap, Beatles'), poems (frequently anthologized English poems), and children's materials (books directed at children ages 3-10 years) were used to study a proposed new measure of English language samples--Pronounceability-based on children's mastery of some phonemes in advance of others. This measure was provisionally equated with greater "youthfulness" and "playfulness" in language samples and with less "maturity." Findings include the facts that women's names were less pronounceable than men's and that poetry was less pronounceable than song lyrics or children's materials. In a supplementary study, 13 university student volunteers' assessments of the youth of randomly constructed names was linearly related to how pronounceable each name was (eta = .8), providing construct validity for the interpretation of Pronounceability as a measure of Youthfulness.

  6. A Dual-Route Model that Learns to Pronounce English Words

    Science.gov (United States)

    Remington, Roger W.; Miller, Craig S.; Null, Cynthia H. (Technical Monitor)

    1995-01-01

    This paper describes a model that learns to pronounce English words. Learning occurs in two modules: 1) a rule-based module that constructs pronunciations by phonetic analysis of the letter string, and 2) a whole-word module that learns to associate subsets of letters to the pronunciation, without phonetic analysis. In a simulation on a corpus of over 300 words the model produced pronunciation latencies consistent with the effects of word frequency and orthographic regularity observed in human data. Implications of the model for theories of visual word processing and reading instruction are discussed.

  7. Fake news and post-truth pronouncements in general and in early human development.

    Science.gov (United States)

    Grech, Victor

    2017-12-01

    Fake news and post-truth pronouncements are increasingly common, and are unfortunately also progressively being applied to the sciences, including the medical sciences. This editorial briefly reviews this unsavoury trend and highlights recent debunking of fake truths in early human development. Science is arguably the last metanarrative with any significant cachet in the postmodern period. We, as scientists, must strive to ensure that our work is transparent and of the highest possible standard so as to continue to uphold science's integrity and probity. Copyright © 2017 Elsevier B.V. All rights reserved.

  8. Diseases associated with pronounced eosinophilia: a study of 105 dogs in Sweden.

    Science.gov (United States)

    Lilliehöök, I; Gunnarsson, L; Zakrisson, G; Tvedten, H

    2000-06-01

    Records of 105 dogs with pronounced eosinophilia (>2.2 x 10(9) eosinophils/litre) were evaluated in a retrospective study to determine diseases associated with the abnormality in dogs in Sweden. Inflammatory disease in organs with large epithelial surfaces, such as the gut, lungs or skin, was found in 36 per cent of the dogs. A further one-quarter of the 105 cases were placed in the 'miscellaneous' category, which comprised various diseases found at low frequency. The most well defined diagnosis was pulmonary infiltrates with eosinophils in 12 per cent of the dogs. A further 11 per cent had parasitic disease caused by either sarcoptic mange or nasal mite. No atopic dog was found and rottweilers were over-represented in most disease groups. Pronounced eosinophilia, in many cases transient, seems to be associated with a variety of disorders in dogs. In the present study, rottweilers appeared to be more prone to a high eosinophil response than other breeds.

  9. Pronouncing that being is nothing in the work of Martin Heidegger

    Directory of Open Access Journals (Sweden)

    Grbić Safer

    2017-01-01

    Full Text Available Raising a question of Being, anew, after it had fallen into oblivion, was initiated by Martin Heidegger and that marked his complete philosophical work. Along those lines, the paper titled 'Pronouncing That Being is Nothing in the Work of Martin Heidegger' briefly discusses the history of the question of Being starting from the Parmenides' research on the topic, through Christian dogma, Hegel's Science of Logic and establishing Being-Dasein-Nothing, all the way to the Heidegger's distinction among Being, Dasein, and Nothing in the anxiety phenomenon along the lines of existential thinking of Kierkegaard. The hypothesis as a judgment that is presumed to be true in order to explain certain facts with it or as an assumption on the basis of facts reflects in the thesis that Heidegger, asking the question about the meaning of Being and the tendency of getting to his concept in the anxiety phenomenon, especially in his later speeches, gets to pronounce that Being is Nothing, without providing final answers, but considering that just asking the question about such a relation is a success.

  10. Pronounced effects of acute endurance exercise on gene expression in resting and exercising human skeletal muscle.

    Science.gov (United States)

    Catoire, Milène; Mensink, Marco; Boekschoten, Mark V; Hangelbroek, Roland; Müller, Michael; Schrauwen, Patrick; Kersten, Sander

    2012-01-01

    Regular physical activity positively influences whole body energy metabolism and substrate handling in exercising muscle. While it is recognized that the effects of exercise extend beyond exercising muscle, it is unclear to what extent exercise impacts non-exercising muscles. Here we investigated the effects of an acute endurance exercise bouts on gene expression in exercising and non-exercising human muscle. To that end, 12 male subjects aged 44-56 performed one hour of one-legged cycling at 50% W(max). Muscle biopsies were taken from the exercising and non-exercising leg before and immediately after exercise and analyzed by microarray. One-legged cycling raised plasma lactate, free fatty acids, cortisol, noradrenalin, and adrenalin levels. Surprisingly, acute endurance exercise not only caused pronounced gene expression changes in exercising muscle but also in non-exercising muscle. In the exercising leg the three most highly induced genes were all part of the NR4A family. Remarkably, many genes induced in non-exercising muscle were PPAR targets or related to PPAR signalling, including PDK4, ANGPTL4 and SLC22A5. Pathway analysis confirmed this finding. In conclusion, our data indicate that acute endurance exercise elicits pronounced changes in gene expression in non-exercising muscle, which are likely mediated by changes in circulating factors such as free fatty acids. The study points to a major influence of exercise beyond the contracting muscle.

  11. Pronounced effects of acute endurance exercise on gene expression in resting and exercising human skeletal muscle.

    Directory of Open Access Journals (Sweden)

    Milène Catoire

    Full Text Available Regular physical activity positively influences whole body energy metabolism and substrate handling in exercising muscle. While it is recognized that the effects of exercise extend beyond exercising muscle, it is unclear to what extent exercise impacts non-exercising muscles. Here we investigated the effects of an acute endurance exercise bouts on gene expression in exercising and non-exercising human muscle. To that end, 12 male subjects aged 44-56 performed one hour of one-legged cycling at 50% W(max. Muscle biopsies were taken from the exercising and non-exercising leg before and immediately after exercise and analyzed by microarray. One-legged cycling raised plasma lactate, free fatty acids, cortisol, noradrenalin, and adrenalin levels. Surprisingly, acute endurance exercise not only caused pronounced gene expression changes in exercising muscle but also in non-exercising muscle. In the exercising leg the three most highly induced genes were all part of the NR4A family. Remarkably, many genes induced in non-exercising muscle were PPAR targets or related to PPAR signalling, including PDK4, ANGPTL4 and SLC22A5. Pathway analysis confirmed this finding. In conclusion, our data indicate that acute endurance exercise elicits pronounced changes in gene expression in non-exercising muscle, which are likely mediated by changes in circulating factors such as free fatty acids. The study points to a major influence of exercise beyond the contracting muscle.

  12. Pronounced centennial-scale Atlantic Ocean climate variability correlated with Western Hemisphere hydroclimate

    Science.gov (United States)

    Thirumalai, Kaustubh; Quinn, Terrence M.; Okumura, Yuko; Richey, Julie; Partin, Judson W.; Poore, Richard Z.; Moreno-Chamarro, Eduardo

    2018-01-01

    Surface-ocean circulation in the northern Atlantic Ocean influences Northern Hemisphere climate. Century-scale circulation variability in the Atlantic Ocean, however, is poorly constrained due to insufficiently-resolved paleoceanographic records. Here we present a replicated reconstruction of sea-surface temperature and salinity from a site sensitive to North Atlantic circulation in the Gulf of Mexico which reveals pronounced centennial-scale variability over the late Holocene. We find significant correlations on these timescales between salinity changes in the Atlantic, a diagnostic parameter of circulation, and widespread precipitation anomalies using three approaches: multiproxy synthesis, observational datasets, and a transient simulation. Our results demonstrate links between centennial changes in northern Atlantic surface-circulation and hydroclimate changes in the adjacent continents over the late Holocene. Notably, our findings reveal that weakened surface-circulation in the Atlantic Ocean was concomitant with well-documented rainfall anomalies in the Western Hemisphere during the Little Ice Age.

  13. Pronounced centennial-scale Atlantic Ocean climate variability correlated with Western Hemisphere hydroclimate.

    Science.gov (United States)

    Thirumalai, Kaustubh; Quinn, Terrence M; Okumura, Yuko; Richey, Julie N; Partin, Judson W; Poore, Richard Z; Moreno-Chamarro, Eduardo

    2018-01-26

    Surface-ocean circulation in the northern Atlantic Ocean influences Northern Hemisphere climate. Century-scale circulation variability in the Atlantic Ocean, however, is poorly constrained due to insufficiently-resolved paleoceanographic records. Here we present a replicated reconstruction of sea-surface temperature and salinity from a site sensitive to North Atlantic circulation in the Gulf of Mexico which reveals pronounced centennial-scale variability over the late Holocene. We find significant correlations on these timescales between salinity changes in the Atlantic, a diagnostic parameter of circulation, and widespread precipitation anomalies using three approaches: multiproxy synthesis, observational datasets, and a transient simulation. Our results demonstrate links between centennial changes in northern Atlantic surface-circulation and hydroclimate changes in the adjacent continents over the late Holocene. Notably, our findings reveal that weakened surface-circulation in the Atlantic Ocean was concomitant with well-documented rainfall anomalies in the Western Hemisphere during the Little Ice Age.

  14. Is the effect of a political event more pronounced for government controlled firms?

    Directory of Open Access Journals (Sweden)

    Irwan Trinugroho

    2016-11-01

    Full Text Available This study investigates market reaction to a political event, which is the presidential election of Republic of Indonesia in 2014 by studying 387 publicly traded firms in the Indonesia Stock Exchange. It employs event study method to measure the information content of this event. By going deeper, this study looked at the effect difference between government controlled firms (partially privatized firms and private firms. The results show that there was a significant abnormal return around the event date. The negative abnormal return one day before the election date, which was followed by rebounding one day after the event, indicate that investors consider that the election had been done well particularly with respect to the political stability and security. Moreover, this paper reveals that the effect of presidential election is more pronounced for government-controlled firms than private firms. Government controlled firms may be more susceptible to political event.

  15. On the use of S(α,β) tables for nuclides with well pronounced resonances

    International Nuclear Information System (INIS)

    Dagan, R.

    2005-01-01

    The use of S(α,β) tables for evaluating the secondary energy distribution is restricted in the MCNP code [Briesmeister, J.F. (Ed.), 1997. MCNP - A General Monte Carlo N-Particle Transport Code, LA-12625-M] to light isotopes only. The reason is the free gas model in NJOY, [Macfarlane, R.E., Muir, D.W., 1994. The NJOY Nuclear Data Processing System Version 91, LA-12740-M] which does not account for heavy isotopes with strongly energy dependent cross-sections. The joint scattering kernel developed by [Rothenstein, W., Dagan, R., 1998. Ann. Nucl. Energ. 25, 209-222] improved the secondary energy distribution treatment in a manner consistent with the BROADR module in NJOY. [Rothenstein, W., 2004. Ann. Nucl. Energ. 31, 9-23] enabled the generation of S(α,β) by implementing a new formalism for the modified kernel into the NJOY module THERMR. The new generated S(α,β) tables for heavy isotopes with pronounced resolved resonances were added to the MCNP library data files and the MCNP code itself, was modified accordingly. The quantitative effects of using scattering kernel tables in the vicinity of resonances were analyzed by introducing them into the Tellier et al. [Tellier, H., Costa, M., Raepsaet, C., Van der Gucht, C., 1993. 113, 20-30] benchmark problem. The absorption rate and the Doppler effect were calculated for the pronounced eight S-type resonances of 238 U within the energy range 2.7-210 eV. The introduced S(α,β) tables for 238 U increases the Doppler effect by 23.5% in comparison with the existing MCNP calculation method. Over the entire Resolved Resonance Region (RRR) this means an increase of 17.5%. The overall absorption rate over the entire RRR is increased by 1.4% at 1200 K and by 2.1% at 1800 K

  16. Pronounced Photovoltaic Response from Multi-layered MoTe2 Phototransistor with Asymmetric Contact Form.

    Science.gov (United States)

    Liu, Junku; Guo, Nan; Xiao, Xiaoyang; Zhang, Kenan; Jia, Yi; Zhou, Shuyun; Wu, Yang; Li, Qunqing; Xiao, Lin

    2017-11-22

    In this study, we fabricate air-stable p-type multi-layered MoTe 2 phototransistor using Au as electrodes, which shows pronounced photovoltaic response in off-state with asymmetric contact form. By analyzing the spatially resolved photoresponse using scanning photocurrent microscopy, we found that the potential steps are formed in the vicinity of the electrodes/MoTe 2 interface due to the doping of the MoTe 2 by the metal contacts. The potential step dominates the separation of photoexcited electron-hole pairs in short-circuit condition or with small V sd biased. Based on these findings, we infer that the asymmetric contact cross-section between MoTe 2 -source and MoTe 2 -drain electrodes is the reason to form non-zero net current and photovoltaic response. Furthermore, MoTe 2 phototransistor shows a faster response in short-circuit condition than that with higher biased V sd within sub-millisecond, and its spectral range can be extended to the infrared end of 1550 nm.

  17. A p-coumaroyl esterase from Rhizoctonia solani with a pronounced chlorogenic acid esterase activity.

    Science.gov (United States)

    Nieter, Annabel; Kelle, Sebastian; Linke, Diana; Berger, Ralf G

    2017-07-25

    Extracellular esterase activity was detected in submerged cultures of Rhizoctonia solani grown in the presence of sugar beet pectin or Tween 80. Putative type B feruloyl esterase (FAE) coding sequences found in the genome data of the basidiomycete were heterologously expressed in Pichia pastoris. Recombinant enzyme production on the 5-L bioreactor scale (Rs pCAE: 3245UL -1 ) exceeded the productivity of the wild type strain by a factor of 800. Based on substrate specificity profiling, the purified recombinant Rs pCAE was classified as a p-coumaroyl esterase (pCAE) with a pronounced chlorogenic acid esterase side activity. The Rs pCAE was also active on methyl cinnamate, caffeate and ferulate and on feruloylated saccharides. The unprecedented substrate profile of Rs pCAE together with the lack of sequence similarity to known FAEs or pCAEs suggested that the Rs pCAE represents a new type of enzyme. Hydroxycinnamic acids were released from agro-industrial side-streams, such as destarched wheat bran (DSWB), sugar beet pectin (SBP) and coffee pulp (CP). Overnight incubation of coffee pulp with the Rs pCAE resulted in the efficient release of p-coumaric (100%), caffeic (100%) and ferulic acid (85%) indicating possible applications for the valorization of food processing wastes and for the enhanced degradation of lignified biomass. Copyright © 2017 Elsevier B.V. All rights reserved.

  18. A pronounced evolutionary shift of the pseudoautosomal region boundary in house mice.

    Science.gov (United States)

    White, Michael A; Ikeda, Akihiro; Payseur, Bret A

    2012-08-01

    The pseudoautosomal region (PAR) is essential for the accurate pairing and segregation of the X and Y chromosomes during meiosis. Despite its functional significance, the PAR shows substantial evolutionary divergence in structure and sequence between mammalian species. An instructive example of PAR evolution is the house mouse Mus musculus domesticus (represented by the C57BL/6J strain), which has the smallest PAR among those that have been mapped. In C57BL/6J, the PAR boundary is located just ~700 kb from the distal end of the X chromosome, whereas the boundary is found at a more proximal position in Mus spretus, a species that diverged from house mice 2-4 million years ago. In this study we used a combination of genetic and physical mapping to document a pronounced shift in the PAR boundary in a second house mouse subspecies, Mus musculus castaneus (represented by the CAST/EiJ strain), ~430 kb proximal of the M. m. domesticus boundary. We demonstrate molecular evolutionary consequences of this shift, including a marked lineage-specific increase in sequence divergence within Mid1, a gene that resides entirely within the M. m. castaneus PAR but straddles the boundary in other subspecies. Our results extend observations of structural divergence in the PAR to closely related subspecies, pointing to major evolutionary changes in this functionally important genomic region over a short time period.

  19. A Source Area Approach Demonstrates Moderate Predictive Ability but Pronounced Variability of Invasive Species Traits.

    Directory of Open Access Journals (Sweden)

    Günther Klonner

    Full Text Available The search for traits that make alien species invasive has mostly concentrated on comparing successful invaders and different comparison groups with respect to average trait values. By contrast, little attention has been paid to trait variability among invaders. Here, we combine an analysis of trait differences between invasive and non-invasive species with a comparison of multidimensional trait variability within these two species groups. We collected data on biological and distributional traits for 1402 species of the native, non-woody vascular plant flora of Austria. We then compared the subsets of species recorded and not recorded as invasive aliens anywhere in the world, respectively, first, with respect to the sampled traits using univariate and multiple regression models; and, second, with respect to their multidimensional trait diversity by calculating functional richness and dispersion metrics. Attributes related to competitiveness (strategy type, nitrogen indicator value, habitat use (agricultural and ruderal habitats, occurrence under the montane belt, and propagule pressure (frequency were most closely associated with invasiveness. However, even the best multiple model, including interactions, only explained a moderate fraction of the differences in invasive success. In addition, multidimensional variability in trait space was even larger among invasive than among non-invasive species. This pronounced variability suggests that invasive success has a considerable idiosyncratic component and is probably highly context specific. We conclude that basing risk assessment protocols on species trait profiles will probably face hardly reducible uncertainties.

  20. Detecting a pronounced delocalized state in third-harmonic generation phenomenon; a quantum chaos approach

    Science.gov (United States)

    Behnia, S.; Ziaei, J.; Khodavirdizadeh, M.

    2018-06-01

    Nonlinear optics (NLO) deserves special attention in new optical devices, making it possible to generate coherent light more efficiently. Among the various NLO phenomena the third-harmonic generation (THG) is at the core of the effective operating mechanism of broadband wavelength conversion, in all-optical devices. Here, we aim to understand how the third-order susceptibility and the electric field may be effectively effect on the localization properties of the light in the THG process when included in a two-mode cavity coherently perturbed by a classical field. We address a stable-unstable transition due to the combination effect of the aforementioned factors. We report a reliable evidence confirming the appearance of chaos in THG under suitable conditions. By tracing the signatures of adjacent-spectral-spacing-ratio (ASSR) distribution and participation ratio, we also find a critical point (ɛc ,κc) =(3 . 1 , 0 . 35) for which a pronounced delocalized response is seen. This study may have profound findings for practical devices, and ushers in new opportunities for practical exploitation of the electric field and the third-order susceptibility effect in nonlinear optical devices.

  1. Pronounced within-individual plasticity in sperm morphometry across social environments.

    Science.gov (United States)

    Immler, Simone; Pryke, Sarah R; Birkhead, Tim R; Griffith, Simon C

    2010-06-01

    Sperm morphometry (i.e., size and shape) and function are important determinants of male reproductive success and are thought to be under stabilizing selection. However, recent studies suggest that sperm morphometry can be a phenotypically plastic trait, which can be adjusted to varying conditions. We tested whether different behavioral strategies in aggression between aggressive red and nonaggressive black males of the color polymorphic Gouldian finch (Erythrura gouldiae) can influence sperm morphometry. We show pronounced within-individual phenotypic plasticity in sperm morphometry of male Gouldian finches in three different social environments. Both red and black males placed in intermediate to high competitive environments (high frequency of red males) increased the relative length of their sperm midpiece. By contrast, red males placed in low to intermediate competitive environments (higher frequency of black males) increased the length of the sperm flagellum. Significant changes in stress and sex steroid hormone levels (in response to the competitive environment) appear to influence sperm traits in red but not in black males, suggesting that changes in hormonal levels are not solely responsible for the observed changes in sperm morphometry. These findings imply that males can adjust sperm morphometry across social environments.

  2. Pronounced prefronto-temporal cortical thinning in schizophrenia: Neuroanatomical correlate of suicidal behavior?

    Science.gov (United States)

    Besteher, Bianca; Wagner, Gerd; Koch, Kathrin; Schachtzabel, Claudia; Reichenbach, Jürgen R; Schlösser, Ralf; Sauer, Heinrich; Schultz, C Christoph

    2016-10-01

    Schizophrenia is characterized by increased mortality for which suicidality is the decisive factor. An analysis of cortical thickness and folding to further elucidate neuroanatomical correlates of suicidality in schizophrenia has not yet been performed. We searched for relevant brain regions with such differences between patients with suicide-attempts, patients without any suicidal thoughts and healthy controls. 37 schizophrenia patients (14 suicide-attempters and 23 non-suicidal) and 50 age- and gender-matched healthy controls were included. Suicidality was documented through clinical interview and chart review. All participants underwent T1-weighted MRI scans. Whole brain node-by-node cortical thickness and folding were estimated (FreeSurfer Software) and compared. Additionally a three group comparison for prefrontal regions-of-interest was performed in SPSS using a multifactorial GLM. Compared with the healthy controls patients showed a typical pattern of cortical thinning in prefronto-temporal regions and altered cortical folding in the right medial temporal cortex. Patients with suicidal behavior compared with non-suicidal patients demonstrated pronounced (psuicidal patients with non-suicidal patients significant (psuicidal behaviour in schizophrenia. We identified cortical thinning in a network strongly involved in regulation of impulsivity, emotions and planning of behaviour in suicide attempters, which might lead to neuronal dysregulation in this network and consequently to a higher risk of suicidal behavior. Copyright © 2016 Elsevier B.V. All rights reserved.

  3. Pronounced zonal heterogeneity in Eocene southern high-latitude sea surface temperatures.

    Science.gov (United States)

    Douglas, Peter M J; Affek, Hagit P; Ivany, Linda C; Houben, Alexander J P; Sijp, Willem P; Sluijs, Appy; Schouten, Stefan; Pagani, Mark

    2014-05-06

    Paleoclimate studies suggest that increased global warmth during the Eocene epoch was greatly amplified at high latitudes, a state that climate models cannot fully reproduce. However, proxy estimates of Eocene near-Antarctic sea surface temperatures (SSTs) have produced widely divergent results at similar latitudes, with SSTs above 20 °C in the southwest Pacific contrasting with SSTs between 5 and 15 °C in the South Atlantic. Validation of this zonal temperature difference has been impeded by uncertainties inherent to the individual paleotemperature proxies applied at these sites. Here, we present multiproxy data from Seymour Island, near the Antarctic Peninsula, that provides well-constrained evidence for annual SSTs of 10-17 °C (1σ SD) during the middle and late Eocene. Comparison of the same paleotemperature proxy at Seymour Island and at the East Tasman Plateau indicate the presence of a large and consistent middle-to-late Eocene SST gradient of ∼7 °C between these two sites located at similar paleolatitudes. Intermediate-complexity climate model simulations suggest that enhanced oceanic heat transport in the South Pacific, driven by deep-water formation in the Ross Sea, was largely responsible for the observed SST gradient. These results indicate that very warm SSTs, in excess of 18 °C, did not extend uniformly across the Eocene southern high latitudes, and suggest that thermohaline circulation may partially control the distribution of high-latitude ocean temperatures in greenhouse climates. The pronounced zonal SST heterogeneity evident in the Eocene cautions against inferring past meridional temperature gradients using spatially limited data within given latitudinal bands.

  4. Adults and children with high imagery show more pronounced perceptual priming effect.

    Science.gov (United States)

    Hatakeyama, T

    1997-06-01

    36 children in Grade 5 and 59 university students, all native speakers of Japanese, studied three types of priming stimuli in a mixed list: words written in hiragana (Japanese syllabary used in writing), words written in kanji (Chinese characters also used in writing), and pictures. They were then given a task involving completion of hiragana-word fragments: the task involved studied and nonstudied items. For both children and university students, words in hiragana produced the largest priming effects, that is, the words that had appeared in hiragana in the preceding study phase were generated more often in the test phase of word completion than the other two types of priming stimuli. This confirms that the perceptual priming effect depends much on data-driven processing. For both age groups, words in kanji produced nearly half the priming effects seen for hiragana-words. On the other hand, pictures had no priming effect for children but they had a similar effect to kanji-words for students. The discrepancy between kanji-words and pictures for children suggests that the former force the subject to read the words, which, possibly, activates the hiragana-words, while the latter do not necessarily force labelling the pictures. Among three kinds of imagery tests, the Verbalizer-Visualizer Questionnaire predicted priming scores for children and the Questionnaire upon Mental Imagery did so for students, but the Test of Visual Imagery Control did not predict the scores for either age group. This shows that children reporting habitual use of imagery and adults reporting vivid imagery have more pronounced perceptual priming effects. We conclude that the imagery ability based on self-judgments reflects real characteristics of the perceptual representation system of Tulving and Schacter (1990).

  5. OBSERVATION AND ANALYSIS OF A PRONOUNCED PERMEABILITY AND POROSITY SCALE-EFFECT IN UNSATURATED FRACTURED TUFF

    Energy Technology Data Exchange (ETDEWEB)

    V. VESSELINOV; ET AL

    2001-01-01

    . These tomographic images are comparable to those obtained by the kriging of 1-m scale log permeability data from single-hole tests. The results reveal a highly pronounced scale effect in permeability and porosity at the ALRS. We analyze the scaling of permeability at the site on the basis of a recent theory, which is consistent with our representation of the rock as a random fractal.

  6. Pronounced microheterogeneity in a sorbitol-water mixture observed through variable temperature neutron scattering.

    Science.gov (United States)

    Chou, Shin G; Soper, Alan K; Khodadadi, Sheila; Curtis, Joseph E; Krueger, Susan; Cicerone, Marcus T; Fitch, Andrew N; Shalaev, Evgenyi Y

    2012-04-19

    In this study, the structure of concentrated d-sorbitol-water mixtures is studied by wide- and small-angle neutron scattering (WANS and SANS) as a function of temperature. The mixtures are prepared using both deuterated and regular sorbitol and water at a molar fraction of sorbitol of 0.19 (equivalent to 70% by weight of regular sorbitol in water). Retention of an amorphous structure (i.e., absence of crystallinity) is confirmed for this system over the entire temperature range, 100-298 K. The glass transition temperature, Tg, is found from differential scanning calorimetry to be approximately 200 K. WANS data are analyzed using empirical potential structure refinement, to obtain the site-site radial distribution functions (RDFs) and coordination numbers. This analysis reveals the presence of nanoscaled water clusters surrounded by (and interacting with) sorbitol molecules. The water clusters appear more structured compared to bulk water and, especially at the lowest temperatures, resemble the structure of low-density amorphous ice (LDA). Upon cooling to 100 K the peaks in the water RDFs become markedly sharper, with increased coordination number, indicating enhanced local (nanometer-scale) ordering, with changes taking place both above and well below the Tg. On the mesoscopic (submicrometer) scale, although there are no changes between 298 and 213 K, cooling the sample to 100 K results in a significant increase in the SANS signal, which is indicative of pronounced inhomogeneities. This increase in the scattering is partly reversed during heating, although some hysteresis is observed. Furthermore, a power law analysis of the SANS data indicates the existence of domains with well-defined interfaces on the submicrometer length scale, probably as a result of the appearance and growth of microscopic voids in the glassy matrix. Because of the unusual combination of small and wide scattering data used here, the present results provide new physical insight into the

  7. Electron-Poor Polar Intermetallics: Complex Structures, Novel Clusters, and Intriguing Bonding with Pronounced Electron Delocalization.

    Science.gov (United States)

    Lin, Qisheng; Miller, Gordon J

    2018-01-16

    complexity can be realized by small amounts of Li replacing Zn atoms in the parent binary compounds CaZn 2 , CaZn 3 , and CaZn 5 ; their phase formation and bonding schemes can be rationalized by Fermi surface-Brillouin zone interactions between nearly free-electron states. "Cation-rich", electron-poor polar intermetallics have emerged using rare earth metals as the electropositive ("cationic") component together metal/metalloid clusters that mimic the backbones of aromatic hydrocarbon molecules, which give evidence of extensive electronic delocalization and multicenter bonding. Thus, we can identify three distinct, valence electron-poor, polar intermetallic systems that have yielded unprecedented phases adopting novel structures containing complex clusters and intriguing bonding characteristics. In this Account, we summarize our recent specific progress in the developments of novel Au-rich BaAl 4 -type related structures, shown in the "gold-rich grid", lithiation-modulated Ca-Li-Zn phases stabilized by different bonding characteristics, and rare earth-rich polar intermetallics containing unprecedented hydrocarbon-like planar Co-Ge metal clusters and pronounced delocalized multicenter bonding. We will focus mainly on novel structural motifs, bonding analyses, and the role of valence electrons for phase stability.

  8. 39 CFR 211.3 - Executive orders and other executive pronouncements; circulars, bulletins, and other issuances of...

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Executive orders and other executive pronouncements; circulars, bulletins, and other issuances of the Office of Management and Budget. 211.3 Section 211.3 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION APPLICATION OF...

  9. Which Physicians' Behaviors on Death Pronouncement Affect Family-Perceived Physician Compassion? A Randomized, Scripted, Video-Vignette Study.

    Science.gov (United States)

    Mori, Masanori; Fujimori, Maiko; Hamano, Jun; Naito, Akemi S; Morita, Tatsuya

    2018-02-01

    Although the death of a loved one is a devastating family event, little is known about which behaviors positively affect families' perceptions on death pronouncements. The objective of this study was to evaluate the effect of a compassionate death pronouncement on participant-perceived physician compassion, trust in physicians, and emotions. In this randomized, video-vignette study, 92 people (≥50 years) in Tokyo metropolitan area viewed two videos of death pronouncements by an on-call physician with or without compassion-enhanced behaviors, including five components: waiting until the families calm themselves down, explaining that the physician has received a sign-out about information of the patient's condition, performing examination respectfully, ascertaining the time of death with a wristwatch (vs. smartphone), and reassuring the families that the patient did not experience pain. Main outcomes were physician compassion score, trust in physician, and emotions. After viewing the video with compassion-enhanced behaviors compared with the video without them, participants assigned significantly lower compassion scores (reflecting higher physician compassion) (mean 26.2 vs. 36.4, F = 33.1, P vs. 3.00, F = 39.7, P vs. 3.78, F = 18.0, P sadness (3.42 vs. 3.85, F = 11.8, P = 0.001), fear (1.93 vs. 2.55, F = 15.8, P vs. 3.71, F = 19.4, P < 0.001). To convey compassion on death pronouncement, we recommend that physicians initiate prompt examination, explain that the physician has received a sign-out, perform examination respectfully, ascertain the time of death with a wristwatch, and reassure the families that the patient did not experience pain. Copyright © 2017 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

  10. Pronounced enhancement of exciton Rabi oscillation for a two-photon transition based on quantum dot coupling control

    International Nuclear Information System (INIS)

    Luo Jian; Lu Di; Du Chaoling; Liu Youwen; Shi Daning; Lai Wei; Guo Chunlei; Gong Shangqing

    2012-01-01

    We theoretically investigate how to control the Rabi oscillation of excitons of the coupling quantum dots by manipulating static electric fields. Our results show that, for a single-photon process, when direct excitons change into indirect excitons with a bias applied on the sample, the Rabi oscillation rarely alters. However, for the two-photon process, a pronounced enhancement of Rabi oscillation is observed, which can be utilized as the logic gate in quantum information. (paper)

  11. Out of a digital chrysalis: NIHNMF (pronounced nymph--the National Indigenous Health and New Media Forum).

    Science.gov (United States)

    Cattoni, Jan; Gamble, Lucinda; Gibson, Julie; Hunter, Ernest; Jones, Anita; Mitchell, Sarah; Pelham, Steven; Smith, Rakana; Travers, Helen

    2009-08-01

    In conjunction with the Creating Futures conference, the inaugural meeting of the National Indigenous Health and New Media Forum (NIHNMF--pronounced as 'nymph') was held at the Tanks Gallery in Cairns, Queensland, Australia. This paper describes the background to this innovative meeting of media minds. It also explores an emerging vision for addressing Indigenous health disparities through digital inclusion to overcome the 'digital divide' between mainstream and Indigenous Australians that constrains the delivery of appropriate health promotion to this health priority population.

  12. Getting to the Heart of Masculinity Stressors: Masculinity Threats Induce Pronounced Vagal Withdrawal During a Speaking Task.

    Science.gov (United States)

    Kramer, Brandon L; Himmelstein, Mary S; Springer, Kristen W

    2017-12-01

    Previous work has found that traditional masculinity ideals and behaviors play a crucial role in higher rates of morbidity and mortality for men. Some studies also suggest that threatening men's masculinity can be stressful. Over time, this stress can weigh on men's cardiovascular and metabolic systems, which may contribute to men's higher rates of cardiometabolic health issues. The purpose of this study is to explore how masculinity threats affect men's heart rate and heart rate variability reactivity (i.e., vagal withdrawal) to masculinity feedback on a social speaking task. Two hundred and eighty-five undergraduate males were randomly assigned to one of six conditions during a laboratory-based speech task. They received one of two feedback types (masculinity or control) and one of three feedback levels (low, high, or dropping) in order to assess whether masculinity threats influence heart rate reactivity and vagal withdrawal patterns during the speech task. Men who receive low masculinity feedback during the speech task experienced more pronounced vagal withdrawal relative to those who received the control. Masculinity threats can induce vagal withdrawal that may accumulate over the life course to contribute to men's relatively worse cardiometabolic health.

  13. Purine restriction induces pronounced translational upregulation of the NT1 adenosine/pyrimidine nucleoside transporter in Leishmania major.

    Science.gov (United States)

    Ortiz, Diana; Valdés, Raquel; Sanchez, Marco A; Hayenga, Johanna; Elya, Carolyn; Detke, Siegfried; Landfear, Scott M

    2010-10-01

    Leishmania and other parasitic protozoa are unable to synthesize purines de novo and are reliant upon purine nucleoside and nucleobase transporters to import preformed purines from their hosts. To study the roles of the four purine permeases NT1-NT4 in Leishmania major, null mutants in each transporter gene were prepared and the effect of each gene deletion on purine uptake was monitored. Deletion of the NT3 purine nucleobase transporter gene or both NT3 and the NT2 nucleoside transporter gene resulted in pronounced upregulation of adenosine and uridine uptake mediated by the NT1 permease and also induced up to a 200-fold enhancement in the level of the NT1 protein but not mRNA. A similar level of upregulation of NT1 was achieved in wild-type promastigotes that were transferred to medium deficient in purines. Pulse labelling and treatment of cells with the translation inhibitor cycloheximide revealed that control of NT1 expression occurs primarily at the level of translation and not protein turnover. These observations imply the existence of a translational control mechanism that enhances the ability of Leishmania parasites to import essential purines when they are present at limiting concentrations. © 2010 Blackwell Publishing Ltd.

  14. Pronounced peramorphosis in lissamphibians--Aviturus exsecratus (Urodela, Cryptobranchidae from the Paleocene-Eocene Thermal Maximum of Mongolia.

    Directory of Open Access Journals (Sweden)

    Davit Vasilyan

    Full Text Available BACKGROUND: The oldest and largest member of giant salamanders (Cryptobranchidae Aviturus exsecratus appears in the latest Paleocene (near the Paleocene-Eocene Thermal Maximum of Mongolia. Based on femoral and vertebral morphology and metrics, a terrestrial adaptation has been supposed for this species. METHODOLOGY/PRINCIPAL FINDINGS: A detailed morphological reinvestigation of published as well as unpublished material reveals that this salamander shows a vomerine dentition that is posteriorly shifted and arranged in a zigzag pattern, a strongly developed olfactory region within the cranial cavity, and the highest bone ossification and relatively longest femur among all fossil and recent cryptobranchids. CONCLUSIONS/SIGNIFICANCE: The presence of these characteristics indicates a peramorphic developmental pattern for Aviturus exsecratus. Our results from Av. exsecratus indicate for the first time pronounced peramorphosis within a crown-group lissamphibian. Av. exsecratus represents a new developmental trajectory within both fossil and recent lissamphibian clades characterized by extended ontogeny and large body size, resembling the pattern known from late Paleozoic eryopines. Moreover, Av. exsecratus is not only a cryptobranchid with distinctive peramorphic characters, but also the first giant salamander with partially terrestrial (amphibious lifestyle. The morphology of the vomers and dentaries suggests the ability of both underwater and terrestrial feeding.

  15. Functional traits variation explains the distribution of Aextoxicon punctatum (Aextoxicaceae in pronounced moisture gradients within fog-dependent forest fragments

    Directory of Open Access Journals (Sweden)

    Beatriz eSalgado-Negret

    2015-07-01

    Full Text Available Climate change and fragmentation are major threats to world forests. Understanding how functional traits related to drought tolerance change across small-scale, pronounced moisture gradients in fragmented forests is important to predict species’ responses to these threats. In the case of Aextoxicon punctatum, a dominant canopy tree in fog-dependent rain forest patches in semiarid Chile, we explored how the magnitude, variability and correlation patterns of leaf and xylem vessel traits and hydraulic conductivity varied across soil moisture gradients established within and among forest patches of different size, which are associated with differences in tree establishment and mortality patterns. Leaf traits varied across soil-moisture gradients produced by fog interception. Trees growing at drier leeward edges showed higher LMA (leaf mass per area, trichome and stomatal density than trees from the wetter core and windward zones. In contrast, xylem vessel traits (vessels diameter and density did not vary producing loss of hydraulic conductivity at drier leeward edges. We also detected higher levels of phenotypic integration and variability at leeward edges. The ability of A. punctatum to modify leaf traits in response to differences in soil moisture availability established over short distances (<500 m facilitates its persistence in contrasting microhabitats within forest patches. However, xylem anatomy showed limited plasticity, which increases cavitation risk at leeward edges. Greater patch fragmentation, together with fluctuations in irradiance and soil moisture in small patches, could result in higher risk of drought-related tree mortality, with profound impacts on hydrological balances at the ecosystem scale.

  16. A higher volume of fibrotic tissue on virtual histology prior to coronary stent implantation predisposes to more pronounced neointima proliferation.

    Science.gov (United States)

    Haine, Steven; Wouters, Kristien; Miljoen, Hielko; Vandendriessche, Tom; Claeys, Marc; Bosmans, Johan; Vrints, Christiaan

    2018-04-01

    Since neointima smooth muscle cells (SMC) mainly originate from the vessel wall, we investigated whether atherosclerotic plaque composition influences subsequent in-stent neointima proliferation and restenosis. We performed intravascular ultrasound (IVUS) with virtual histology in 98 patients prior to elective bare-metal stent (BMS) implantation in de novo coronary artery lesions. Virtual histology variables pre-percutaneous coronary intervention (PCI) were related to in-stent neointima proliferation six months after implantation assessed as late luminal loss of 0.88 mm (interquartile range (IQR) 0.37-1.23 mm) on angiography and as maximal percentage area stenosis of 42% (IQR 33-59%) and percentage volume intima hyperplasia of 27% (IQR 20-36%) on IVUS. A ridge-trace based multiple linear regression model was constructed to account for multicollinearity of the virtual histology variables and was corrected for implanted stent length (18 mm, IQR 15-23 mm), stent diameter (3.0 mm, IQR 2.75-3.5 mm) and lesion volume (146 mm³, IQR 80-201 mm³) prior to PCI. Fibrous tissue volume prior to PCI (49 mm³, IQR 30-77 mm³) was significantly and independently related to late luminal loss (p = .038), maximal percentage area stenosis (p = .041) and percentage volume intima hyperplasia (p = .004). Neither absolute nor relative amounts of fibrofatty, calcified or necrotic core tissue appeared related to any of the restenosis parameters. Subgroup analysis after exclusion of acute coronary syndrome (ACS) patients yielded similar results. Lesions with more voluminous fibrotic tissue pre-PCI show more pronounced in-stent neointima proliferation, even after correction for lesion plaque volume.

  17. Local adaptation and pronounced genetic differentiation in an extremophile fish, Poecilia mexicana, inhabiting a Mexican cave with toxic hydrogen sulphide.

    Science.gov (United States)

    Plath, M; Hauswaldt, J S; Moll, K; Tobler, M; García De León, F J; Schlupp, I; Tiedemann, R

    2007-03-01

    We investigated genetic differentiation and migration patterns in a small livebearing fish, Poecilia mexicana, inhabiting a sulfidic Mexican limestone cave (Cueva del Azufre). We examined fish from three different cave chambers, the sulfidic surface creek draining the cave (El Azufre) and a nearby surface creek without the toxic hydrogen sulphide (Arroyo Cristal). Using microsatellite analysis of 10 unlinked loci, we found pronounced genetic differentiation among the three major habitats: Arroyo Cristal, El Azufre and the cave. Genetic differentiation was also found within the cave between different pools. An estimation of first-generation migrants suggests that (i) migration is unidirectional, out of the cave, and (ii) migration among different cave chambers occurs to some extent. We investigated if the pattern of genetic differentiation is also reflected in a morphological trait, eye size. Relatively large eyes were found in surface habitats, small eyes in the anterior cave chambers, and the smallest eyes were detected in the innermost cave chamber (XIII). This pattern shows some congruence with a previously proposed morphocline in eye size. However, our data do not support the proposed mechanism for this morphocline, namely that it would be maintained by migration from both directions into the middle cave chambers. This would have led to an increased variance in eye size in the middle cave chambers, which we did not find. Restricted gene flow between the cave and the surface can be explained by local adaptations to extreme environmental conditions, namely H2S and absence of light. Within the cave system, habitat properties are patchy, and genetic differentiation between cave chambers despite migration could indicate local adaptation at an even smaller scale.

  18. Activation of retinal glial (Müller cells by extracellular ATP induces pronounced increases in extracellular H+ flux.

    Directory of Open Access Journals (Sweden)

    Boriana K Tchernookova

    Full Text Available Small alterations in extracellular acidity are potentially important modulators of neuronal signaling within the vertebrate retina. Here we report a novel extracellular acidification mechanism mediated by glial cells in the retina. Using self-referencing H+-selective microelectrodes to measure extracellular H+ fluxes, we show that activation of retinal Müller (glial cells of the tiger salamander by micromolar concentrations of extracellular ATP induces a pronounced extracellular H+ flux independent of bicarbonate transport. ADP, UTP and the non-hydrolyzable analog ATPγs at micromolar concentrations were also potent stimulators of extracellular H+ fluxes, but adenosine was not. The extracellular H+ fluxes induced by ATP were mimicked by the P2Y1 agonist MRS 2365 and were significantly reduced by the P2 receptor blockers suramin and PPADS, suggesting activation of P2Y receptors. Bath-applied ATP induced an intracellular rise in calcium in Müller cells; both the calcium rise and the extracellular H+ fluxes were significantly attenuated when calcium re-loading into the endoplasmic reticulum was inhibited by thapsigargin and when the PLC-IP3 signaling pathway was disrupted with 2-APB and U73122. The anion transport inhibitor DIDS also markedly reduced the ATP-induced increase in H+ flux while SITS had no effect. ATP-induced H+ fluxes were also observed from Müller cells isolated from human, rat, monkey, skate and lamprey retinae, suggesting a highly evolutionarily conserved mechanism of potential general importance. Extracellular ATP also induced significant increases in extracellular H+ flux at the level of both the outer and inner plexiform layers in retinal slices of tiger salamander which was significantly reduced by suramin and PPADS. We suggest that the novel H+ flux mediated by ATP-activation of Müller cells and of other glia as well may be a key mechanism modulating neuronal signaling in the vertebrate retina and throughout the brain.

  19. Prioritized expression of BTN2 of Saccharomyces cerevisiae under pronounced translation repression induced by severe ethanol stress

    Directory of Open Access Journals (Sweden)

    Yukina Yamauchi

    2016-08-01

    Full Text Available Severe ethanol stress (>9% ethanol, v/v as well as glucose deprivation rapidly induces a pronounced repression of overall protein synthesis in budding yeast Saccharomyces cerevisiae. Therefore, transcriptional activation in yeast cells under severe ethanol stress does not always indicate the production of expected protein levels. Messenger RNAs of genes containing heat shock elements can be intensively translated under glucose deprivation, suggesting that some mRNAs are preferentially translated even under severe ethanol stress. In the present study, we tried to identify the mRNA that can be preferentially translated under severe ethanol stress. BTN2 encodes a v-SNARE binding protein, and its null mutant shows hypersensitivity to ethanol. We found that BTN2 mRNA was efficiently translated under severe ethanol stress but not under mild ethanol stress. Moreover, the increased Btn2 protein levels caused by severe ethanol stress were smoothly decreased with the elimination of ethanol stress. These findings suggested that severe ethanol stress extensively induced BTN2 expression. Further, the BTN2 promoter induced protein synthesis of non-native genes such as CUR1, GIC2, and YUR1 in the presence of high ethanol concentrations, indicating that this promoter overcame severe ethanol stress-induced translation repression. Thus, our findings provide an important clue about yeast response to severe ethanol stress and suggest that the BTN2 promoter can be used to improve the efficiency of ethanol production and stress tolerance of yeast cells by modifying gene expression in the presence of high ethanol concentration.

  20. Pronounced fixation, strong population differentiation and complex population history in the Canary Islands blue tit subspecies complex.

    Science.gov (United States)

    Hansson, Bengt; Ljungqvist, Marcus; Illera, Juan-Carlos; Kvist, Laura

    2014-01-01

    Evolutionary molecular studies of island radiations may lead to insights in the role of vicariance, founder events, population size and drift in the processes of population differentiation. We evaluate the degree of population genetic differentiation and fixation of the Canary Islands blue tit subspecies complex using microsatellite markers and aim to get insights in the population history using coalescence based methods. The Canary Island populations were strongly genetically differentiated and had reduced diversity with pronounced fixation including many private alleles. In population structure models, the relationship between the central island populations (La Gomera, Tenerife and Gran Canaria) and El Hierro was difficult to disentangle whereas the two European populations showed consistent clustering, the two eastern islands (Fuerteventura and Lanzarote) and Morocco weak clustering, and La Palma a consistent unique lineage. Coalescence based models suggested that the European mainland forms an outgroup to the Afrocanarian population, a split between the western island group (La Palma and El Hierro) and the central island group, and recent splits between the three central islands, and between the two eastern islands and Morocco, respectively. It is clear that strong genetic drift and low level of concurrent gene flow among populations have shaped complex allelic patterns of fixation and skewed frequencies over the archipelago. However, understanding the population history remains challenging; in particular, the pattern of extreme divergence with low genetic diversity and yet unique genetic material in the Canary Island system requires an explanation. A potential scenario is population contractions of a historically large and genetically variable Afrocanarian population, with vicariance and drift following in the wake. The suggestion from sequence-based analyses of a Pleistocene extinction of a substantial part of North Africa and a Pleistocene/Holocene eastward

  1. Pronounced fixation, strong population differentiation and complex population history in the Canary Islands blue tit subspecies complex.

    Directory of Open Access Journals (Sweden)

    Bengt Hansson

    Full Text Available Evolutionary molecular studies of island radiations may lead to insights in the role of vicariance, founder events, population size and drift in the processes of population differentiation. We evaluate the degree of population genetic differentiation and fixation of the Canary Islands blue tit subspecies complex using microsatellite markers and aim to get insights in the population history using coalescence based methods. The Canary Island populations were strongly genetically differentiated and had reduced diversity with pronounced fixation including many private alleles. In population structure models, the relationship between the central island populations (La Gomera, Tenerife and Gran Canaria and El Hierro was difficult to disentangle whereas the two European populations showed consistent clustering, the two eastern islands (Fuerteventura and Lanzarote and Morocco weak clustering, and La Palma a consistent unique lineage. Coalescence based models suggested that the European mainland forms an outgroup to the Afrocanarian population, a split between the western island group (La Palma and El Hierro and the central island group, and recent splits between the three central islands, and between the two eastern islands and Morocco, respectively. It is clear that strong genetic drift and low level of concurrent gene flow among populations have shaped complex allelic patterns of fixation and skewed frequencies over the archipelago. However, understanding the population history remains challenging; in particular, the pattern of extreme divergence with low genetic diversity and yet unique genetic material in the Canary Island system requires an explanation. A potential scenario is population contractions of a historically large and genetically variable Afrocanarian population, with vicariance and drift following in the wake. The suggestion from sequence-based analyses of a Pleistocene extinction of a substantial part of North Africa and a Pleistocene

  2. How Pronounced Is Income Inequality around the World--and How Can Education Help Reduce It? Education Indicators in Focus. No. 4

    Science.gov (United States)

    OECD Publishing (NJ1), 2012

    2012-01-01

    How pronounced is income inequality around the world--and how can education help reduce it? This paper reports the following: (1) Across OECD (Organisation for Economic Cooperation and Development) countries, the average income of the richest 10% of the population was about nine times that of the poorest 10% before the onset of the global economic…

  3. Elevated Immune Response Among Children 4 Years of Age With Pronounced Local Adverse Events After the Fifth Diphtheria, Tetanus, Acellular Pertussis Vaccination.

    NARCIS (Netherlands)

    van der Lee, Saskia; Kemmeren, Jeanet M; de Rond, Lia G H; Öztürk, Kemal; Westerhof, Anneke; de Melker, Hester E; Sanders, Elisabeth A M; Berbers, Guy A M; van der Maas, Nicoline A T; Rümke, Hans C; Buisman, Anne-Marie

    In the Netherlands, acellular pertussis vaccines replaced the more reactogenic whole-cell pertussis vaccines. This replacement in the primary immunization schedule of infants coincided with a significant increase in pronounced local adverse events (AEs) in 4 years old children shortly after the

  4. Pronounced Coronary Arteriosclerosis in Cirrhosis

    DEFF Research Database (Denmark)

    Danielsen, Karen V; Wiese, Signe; Hove, Jens

    2018-01-01

    factors including smoking, type 2 diabetes, hypertension, gender, or hypercholesterolemia. Coronary artery calcium-score was associated with diastolic dysfunction, lateral e´ (p = 0.025), but not with other markers of cardiac dysfunction. During a median follow-up of 25 months 12 patients (21%) died......BACKGROUND: The relation between excessive alcohol consumption and coronary arteriosclerosis has remained controversial. The etiology of cirrhosis has been considered a substantial risk factor for development of arteriosclerotic lesions. The coronary artery calcium-score derived from coronary CT...... and women: 136 vs. 0 HU; p alcohol-related cirrhosis was significantly higher than in nonalcohol-related cirrhosis (362 vs. 46 HU, p 

  5. Mood and food at the University of Turku in Finland: nutritional correlates of perceived stress are most pronounced among overweight students.

    Science.gov (United States)

    El Ansari, Walid; Suominen, Sakari; Berg-Beckhoff, Gabriele

    2015-09-01

    We examined perceived stress and food intake at University of Turku, Finland. This study was conducted as an online survey (1189 students). We computed two composite food intake pattern scores (sweets, cakes and snacks; fruits and vegetables), a dietary guideline adherence index, and the subjective importance of healthy eating. We assessed the correlations between perceived stress, and two food intake pattern scores, dietary guideline adherence index and subjective importance of healthy eating. We tested the associations between stress and the same variables, controlling for potential confounders for the whole sample, by gender, and by Body Mass Index (BMI). Fruits and vegetables intake and dietary guideline adherence were both negatively associated with stress. These negative associations were more pronounced in overweight and less pronounced in underweight compared to healthy weight students. Sweets, cookies and snacks consumption were not associated with stress. Stress was associated with lower subjective importance of healthy eating, independent of gender and BMI. Perceived stress might have relationships of different magnitudes in overweight vs. normal BMI or underweight persons. BMI could be an effect modifier of the stress-food habits association.

  6. Abrupt transition to heightened poliomyelitis epidemicity in England and Wales, 1947-1957, associated with a pronounced increase in the geographical rate of disease propagation.

    Science.gov (United States)

    Smallman-Raynor, M R; Cliff, A D

    2014-03-01

    The abrupt transition to heightened poliomyelitis epidemicity in England and Wales, 1947-1957, was associated with a profound change in the spatial dynamics of the disease. Drawing on the complete record of poliomyelitis notifications in England and Wales, we use a robust method of spatial epidemiological analysis (swash-backwash model) to evaluate the geographical rate of disease propagation in successive poliomyelitis seasons, 1940-1964. Comparisons with earlier and later time periods show that the period of heightened poliomyelitis epidemicity corresponded with a sudden and pronounced increase in the spatial rate of disease propagation. This change was observed for both urban and rural areas and points to an abrupt enhancement in the propensity for the geographical spread of polioviruses. Competing theories of the epidemic emergence of poliomyelitis in England and Wales should be assessed in the light of this evidence.

  7. Learning to pronounce first words in three languages: an investigation of caregiver and infant behavior using a computational model of an infant.

    Directory of Open Access Journals (Sweden)

    Ian S Howard

    Full Text Available Words are made up of speech sounds. Almost all accounts of child speech development assume that children learn the pronunciation of first language (L1 speech sounds by imitation, most claiming that the child performs some kind of auditory matching to the elements of ambient speech. However, there is evidence to support an alternative account and we investigate the non-imitative child behavior and well-attested caregiver behavior that this account posits using Elija, a computational model of an infant. Through unsupervised active learning, Elija began by discovering motor patterns, which produced sounds. In separate interaction experiments, native speakers of English, French and German then played the role of his caregiver. In their first interactions with Elija, they were allowed to respond to his sounds if they felt this was natural. We analyzed the interactions through phonemic transcriptions of the caregivers' utterances and found that they interpreted his output within the framework of their native languages. Their form of response was almost always a reformulation of Elija's utterance into well-formed sounds of L1. Elija retained those motor patterns to which a caregiver responded and formed associations between his motor pattern and the response it provoked. Thus in a second phase of interaction, he was able to parse input utterances in terms of the caregiver responses he had heard previously, and respond using his associated motor patterns. This capacity enabled the caregivers to teach Elija to pronounce some simple words in their native languages, by his serial imitation of the words' component speech sounds. Overall, our results demonstrate that the natural responses and behaviors of human subjects to infant-like vocalizations can take a computational model from a biologically plausible initial state through to word pronunciation. This provides support for an alternative to current auditory matching hypotheses for how children learn to

  8. Cost Analyses in the US and Japan: A Cross-Country Comparative Analysis Applied to the PRONOUNCE Trial in Non-Squamous Non-Small Cell Lung Cancer.

    Science.gov (United States)

    Hess, Lisa M; Rajan, Narayan; Winfree, Katherine; Davey, Peter; Ball, Mark; Knox, Hediyyih; Graham, Christopher

    2015-12-01

    Health technology assessment is not required for regulatory submission or approval in either the United States (US) or Japan. This study was designed as a cross-country evaluation of cost analyses conducted in the US and Japan based on the PRONOUNCE phase III lung cancer trial, which compared pemetrexed plus carboplatin followed by pemetrexed (PemC) versus paclitaxel plus carboplatin plus bevacizumab followed by bevacizumab (PCB). Two cost analyses were conducted in accordance with International Society For Pharmacoeconomics and Outcomes Research good research practice standards. Costs were obtained based on local pricing structures; outcomes were considered equivalent based on the PRONOUNCE trial results. Other inputs were included from the trial data (e.g., toxicity rates) or from local practice sources (e.g., toxicity management). The models were compared across key input and transferability factors. Despite differences in local input data, both models demonstrated a similar direction, with the cost of PemC being consistently lower than the cost of PCB. The variation in individual input parameters did affect some of the specific categories, such as toxicity, and impacted sensitivity analyses, with the cost differential between comparators being greater in Japan than in the US. When economic models are based on clinical trial data, many inputs and outcomes are held consistent. The alterable inputs were not in and of themselves large enough to significantly impact the results between countries, which were directionally consistent with greater variation seen in sensitivity analyses. The factors that vary across jurisdictions, even when minor, can have an impact on trial-based economic analyses. Eli Lilly and Company.

  9. Photosynthetic temperature responses of tree species in Rwanda: evidence of pronounced negative effects of high temperature in montane rainforest climax species.

    Science.gov (United States)

    Vårhammar, Angelica; Wallin, Göran; McLean, Christopher M; Dusenge, Mirindi Eric; Medlyn, Belinda E; Hasper, Thomas B; Nsabimana, Donat; Uddling, Johan

    2015-05-01

    The sensitivity of photosynthetic metabolism to temperature has been identified as a key uncertainty for projecting the magnitude of the terrestrial feedback on future climate change. While temperature responses of photosynthetic capacities have been comparatively well investigated in temperate species, the responses of tropical tree species remain unexplored. We compared the responses of seedlings of native cold-adapted tropical montane rainforest tree species with those of exotic warm-adapted plantation species, all growing in an intermediate temperature common garden in Rwanda. Leaf gas exchange responses to carbon dioxide (CO2 ) at different temperatures (20-40°C) were used to assess the temperature responses of biochemical photosynthetic capacities. Analyses revealed a lower optimum temperature for photosynthetic electron transport rates than for Rubisco carboxylation rates, along with lower electron transport optima in the native cold-adapted than in the exotic warm-adapted species. The photosynthetic optimum temperatures were generally exceeded by daytime peak leaf temperatures, in particular in the native montane rainforest climax species. This study thus provides evidence of pronounced negative effects of high temperature in tropical trees and indicates high susceptibility of montane rainforest climax species to future global warming. © 2015 The Authors. New Phytologist © 2015 New Phytologist Trust.

  10. Aberrant overexpression of miR-421 downregulates ATM and leads to a pronounced DSB repair defect and clinical hypersensitivity in SKX squamous cell carcinoma

    International Nuclear Information System (INIS)

    Mansour, Wael Y.; Bogdanova, Natalia V.; Kasten-Pisula, Ulla; Rieckmann, Thorsten; Köcher, Sabrina; Borgmann, Kerstin; Baumann, Michael; Krause, Mechtild; Petersen, Cordula; Hu, Hailiang; Gatti, Richard A.; Dikomey, Ekkehard; Dörk, Thilo; Dahm-Daphi, Jochen

    2013-01-01

    Background: Cellular and clinical sensitivity to ionizing radiation (IR) is determined by DNA double-strand breaks (DSB) repair. Here, we investigate the molecular mechanism underlying the extreme response of a head and neck tumor case (SKX) to standard radiotherapy. Methods: Immunofluorescence (IF) was used for the assessment of DSB repair, Western blot and real-time PCR for protein and mRNA expression, respectively. Results: SKX cells exhibited a pronounced radiosensitivity associated with numerous residual γ-H2AX foci after IR. This was not associated with lacking canonical repair proteins. SKX cells did not express any ATM protein. Accordingly, immunoblotting revealed no ATM kinase activity toward substrates such as p-SMC1, p-CHK2 and p-KAP1. Sequencing of all 66 exons of ATM showed no mutation. ATM mRNA level was moderately reduced, which could be reverted by 5′-Aza-C treatment but without restoring protein levels. Importantly, we demonstrated a post-transcriptional regulation in SKX cells via 6-fold enhanced levels of miR-421, which targets the 3′-UTR of ATM mRNA. Transfection of SKX cells with either anti-miR-421 inhibitor or a microRNA-insensitive ATM vector recovered ATM expression and abrogated the hyper-radiosensitivity. Conclusion: This is the first report describing microRNA-mediated down-regulation of ATM leading to clinically manifest tumor radiosensitivity

  11. Photosynthetic temperature responses of tree species in Rwanda: evidence of pronounced negative effects of high temperature in montane rainforest climax species

    Science.gov (United States)

    Vårhammar, Angelica; Wallin, Göran; McLean, Christopher M.; Dusenge, Mirindi Eric; Medlyn, Belinda E.; Hasper, Thomas B.; Nsabimana, Donat; Uddling, Johan

    2015-04-01

    The sensitivity of photosynthetic metabolism to temperature has been identified as a key uncertainty for projecting the magnitude of the terrestrial feedback on future climate change. While temperature responses of photosynthetic capacities have been comparatively well investigated in temperate species, the responses of tropical tree species remain unexplored. We compared the responses of seedlings of native cold-adapted tropical montane rainforest tree species to exotic warm-adapted plantation species, all growing in an intermediate temperature common garden in Rwanda. Leaf gas exchange responses to CO2 at different temperatures (20 - 40 C) were used to assess the temperature responses of biochemical photosynthetic capacities. Analyses revealed a lower optimum temperature for photosynthetic electron transport rates than for Rubisco carboxylation rates, along with lower electron transport optima in the native cold-adapted than in the exotic warm-adapted species. The photosynthetic optimum temperatures were generally exceeded by daytime peak leaf temperatures, in particular in the native montane rainforest climax species. This study thus provides evidence of pronounced negative effects of high temperature in tropical trees and indicates high susceptibility of montane rainforest climax species to future global warming. (Reference: New Phytologist, in press)

  12. The yeast ADH7 promoter enables gene expression under pronounced translation repression caused by the combined stress of vanillin, furfural, and 5-hydroxymethylfurfural.

    Science.gov (United States)

    Ishida, Yoko; Nguyen, Trinh Thi My; Izawa, Shingo

    2017-06-20

    Lignocellulosic biomass conversion inhibitors such as vanillin, furfural, and 5-hydroxymethylfurfural (HMF) inhibit the growth of and fermentation by Saccharomyces cerevisiae. A high concentration of each fermentation inhibitor represses translation and increases non-translated mRNAs. We previously reported that the mRNAs of ADH7 and BDH2, which encode putative NADPH- and NADH-dependent alcohol dehydrogenases, respectively, were efficiently translated even with translation repression in response to severe vanillin stress. However, the combined effects of these fermentation inhibitors on the expression of ADH7 and BDH2 remain unclear. We herein demonstrated that exposure to a combined stress of vanillin, furfural, and HMF repressed translation. The protein synthesis of Adh7, but not Bdh2 was significantly induced under combined stress conditions, even though the mRNA levels of ADH7 and BDH2 were up-regulated. Additionally, adh7Δ cells were more sensitive to the combined stress than wild-type and bdh2Δ cells. These results suggest that induction of the ADH7 expression plays a role in the tolerance to the combined stress of vanillin, furfural, and HMF. Furthermore, we succeeded in improving yeast tolerance to the combined stress by controlling the expression of ALD6 with the ADH7 promoter. Our results demonstrate that the ADH7 promoter can overcome the pronounced translation repression caused by the combined stress of vanillin, furfural, and HMF, and also suggest a new gene engineering strategy to breed robust and optimized yeasts for bioethanol production from a lignocellulosic biomass. Copyright © 2017 Elsevier B.V. All rights reserved.

  13. Pronounced energy restriction with elevated protein intake results in no change in proteolysis and reductions in skeletal muscle protein synthesis that are mitigated by resistance exercise.

    Science.gov (United States)

    Hector, Amy J; McGlory, Chris; Damas, Felipe; Mazara, Nicole; Baker, Steven K; Phillips, Stuart M

    2018-01-01

    Preservation of lean body mass (LBM) may be important during dietary energy restriction (ER) and requires equal rates of muscle protein synthesis (MPS) and muscle protein breakdown (MPB). Currently, the relative contribution of MPS and MPB to the loss of LBM during ER in humans is unknown. We aimed to determine the impact of dietary protein intake and resistance exercise on MPS and MPB during a controlled short-term energy deficit. Adult men (body mass index, 28.6 ± 0.6 kg/m 2 ; age 22 ± 1 yr) underwent 10 d of 40%-reduced energy intake while performing unilateral resistance exercise and consuming lower protein (1.2 g/kg/d, n = 12) or higher protein (2.4 g/kg/d, n = 12). Pre- and postintervention testing included dual-energy X-ray absorptiometry, primed constant infusion of ring -[ 13 C 6 ]phenylalanine, and 15 [N]phenylalanine to measure acute postabsorptive MPS and MPB; D 2 O to measure integrated MPS; and gene and protein expression. There was a decrease in acute MPS after ER (higher protein, 0.059 ± 0.006 to 0.051 ± 0.009%/h; lower protein, 0.061 ± 0.005 to 0.045 ± 0.006%/h; P resistance exercise (higher protein, 0.067 ± 0.01%/h; lower protein, 0.061 ± 0.006%/h), and integrated MPS followed a similar pattern. There was no change in MPB (energy balance, 0.080 ± 0.01%/hr; ER rested legs, 0.078 ± 0.008%/hr; ER exercised legs, 0.079 ± 0.006%/hr). We conclude that a reduction in MPS is the main mechanism that underpins LBM loss early in ER in adult men.-Hector, A. J., McGlory, C., Damas, F., Mazara, N., Baker, S. K., Phillips, S. M. Pronounced energy restriction with elevated protein intake results in no change in proteolysis and reductions in skeletal muscle protein synthesis that are mitigated by resistance exercise. © FASEB.

  14. Comparison of the global gene expression of choroid plexus and meninges and associated vasculature under control conditions and after pronounced hyperthermia or amphetamine toxicity.

    Science.gov (United States)

    Bowyer, John F; Patterson, Tucker A; Saini, Upasana T; Hanig, Joseph P; Thomas, Monzy; Camacho, Luísa; George, Nysia I; Chen, James J

    2013-03-05

    The meninges (arachnoid and pial membranes) and associated vasculature (MAV) and choroid plexus are important in maintaining cerebrospinal fluid (CSF) generation and flow. MAV vasculature was previously observed to be adversely affected by environmentally-induced hyperthermia (EIH) and more so by a neurotoxic amphetamine (AMPH) exposure. Herein, microarray and RT-PCR analysis was used to compare the gene expression profiles between choroid plexus and MAV under control conditions and at 3 hours and 1 day after EIH or AMPH exposure. Since AMPH and EIH are so disruptive to vasculature, genes related to vasculature integrity and function were of interest. Our data shows that, under control conditions, many of the genes with relatively high expression in both the MAV and choroid plexus are also abundant in many epithelial tissues. These genes function in transport of water, ions, and solutes, and likely play a role in CSF regulation. Most genes that help form the blood-brain barrier (BBB) and tight junctions were also highly expressed in MAV but not in choroid plexus. In MAV, exposure to EIH and more so to AMPH decreased the expression of BBB-related genes such as Sox18, Ocln, and Cldn5, but they were much less affected in the choroid plexus. There was a correlation between the genes related to reactive oxidative stress and damage that were significantly altered in the MAV and choroid plexus after either EIH or AMPH. However, AMPH (at 3 hr) significantly affected about 5 times as many genes as EIH in the MAV, while in the choroid plexus EIH affected more genes than AMPH. Several unique genes that are not specifically related to vascular damage increased to a much greater extent after AMPH compared to EIH in the MAV (Lbp, Reg3a, Reg3b, Slc15a1, Sct and Fst) and choroid plexus (Bmp4, Dio2 and Lbp). Our study indicates that the disruption of choroid plexus function and damage produced by AMPH and EIH is significant, but the changes may not be as pronounced as they are in

  15. Pronounced inflammatory response to endotoxaemia during nighttime

    DEFF Research Database (Denmark)

    Alamili, Mahdi; Bendtzen, Klaus; Lykkesfeldt, Jens

    2014-01-01

    endotoxaemia model. DESIGN AND METHODS: A cross-over study, where 12 healthy young men received E. coli endotoxin (lipopolysaccharide, LPS) 0.3 ng/kg at 12 noon and, on another day, at 12 midnight. Blood samples were analysed for pro- and anti-inflammatory cytokines: tumour-necrosis factor (TNF)-alpha, soluble...... TNF receptors (sTNF-R)-1 and -2, interleukin (IL)-1beta, IL-1 receptor antagonist (IL-1Ra), IL-6, and IL-10 as well as YKL-40 and the oxidative stress markers malondialdehyde (MDA), ascorbic acid (AA) and dehydroascorbic acid (DHA) before and at 2, 4, 6 and 8 hours after LPS administration. RESULTS...

  16. Teaching the Dutch how to pronounce English

    NARCIS (Netherlands)

    Frans Hermans; Peter Sloep

    2015-01-01

    The Dutch overestimate their English speaking skills. Their pronunciation is not always convincing and certain pronunciation mistakes are easily recognised as being typical for Dutch speakers of English. Although intelligibility cannot exist without adequate pronunciation, teaching English

  17. Teaching the Dutch how to pronounce English

    NARCIS (Netherlands)

    Hermans, Frans; Sloep, Peter

    2018-01-01

    The Dutch overestimate their English speaking skills. Their pronunciation is not always convincing, and certain pronunciation mistakes are easily recognised as being typical for Dutch speakers of English. Although intelligibility cannot exist without adequate pronunciation, teaching English

  18. Variation in the composition of corals, fishes, sponges, echinoderms, ascidians, molluscs, foraminifera and macroalgae across a pronounced in-to-offshore environmental gradient in the Jakarta Bay-Thousand Islands coral reef complex.

    Science.gov (United States)

    Cleary, D F R; Polónia, A R M; Renema, W; Hoeksema, B W; Rachello-Dolmen, P G; Moolenbeek, R G; Budiyanto, A; Yahmantoro; Tuti, Y; Giyanto; Draisma, S G A; Prud'homme van Reine, W F; Hariyanto, R; Gittenberger, A; Rikoh, M S; de Voogd, N J

    2016-09-30

    Substrate cover, water quality parameters and assemblages of corals, fishes, sponges, echinoderms, ascidians, molluscs, benthic foraminifera and macroalgae were sampled across a pronounced environmental gradient in the Jakarta Bay-Thousand Islands reef complex. Inshore sites mainly consisted of sand, rubble and turf algae with elevated temperature, dissolved oxygen, pH and chlorophyll concentrations and depauperate assemblages of all taxa. Live coral cover was very low inshore and mainly consisted of sparse massive coral heads and a few encrusting species. Faunal assemblages were more speciose and compositionally distinct mid- and offshore compared to inshore. There were, however, small-scale differences among taxa. Certain midshore sites, for example, housed assemblages resembling those typical of the inshore environment but this differed depending on the taxon. Substrate, water quality and spatial variables together explained from 31% (molluscs) to 72% (foraminifera) of the variation in composition. In general, satellite-derived parameters outperformed locally measured parameters. Copyright © 2016 Elsevier Ltd. All rights reserved.

  19. A comparative study between MFCC and LSF coefficients in automatic recognition of isolated digits pronounced in Portuguese and English - doi: 10.4025/actascitechnol.v35i4.19825

    Directory of Open Access Journals (Sweden)

    Diego Furtado Silva

    2013-10-01

    Full Text Available Recognition of isolated spoken digits is the core procedure for a large number of applications which rely solely on speech for data exchange, as in telephone-based services, such as dialing, airline reservation, bank transaction and price quotation. Spoken digit recognition is generally a challenging task since the signals last for a short period of time and often some digits are acoustically very similar to other digits. The objective of this paper is to investigate the use of machine learning algorithms for spoken digit recognition and disclose the free availability of a database with digits pronounced in English and Portuguese to the scientific community. Since machine learning algorithms are fully dependent on predictive attributes to build precise classifiers, we believe that the most important task for successfully recognizing spoken digits is feature extraction. In this work, we show that Line Spectral Frequencies (LSF provide a set of highly predictive coefficients. We evaluated our classifiers in different settings by altering the sampling rate to simulate low quality channels and varying the number of coefficients.  

  20. Beneficial Effects of Anti-Interleukin-6 Antibodies on Impaired Gastrointestinal Motility, Inflammation and Increased Colonic Permeability in a Murine Model of Sepsis Are Most Pronounced When Administered in a Preventive Setup.

    Directory of Open Access Journals (Sweden)

    Sara Nullens

    Full Text Available During sepsis, gastrointestinal ileus, mucosal barrier dysfunction and bacterial translocation are accepted to be important triggers that can maintain or exacerbate the septic state. In the caecal ligation and puncture animal model of sepsis, we demonstrated that systemic and colonic interleukin-6 levels are significantly increased coinciding with an impaired colonic barrier function. We therefore aimed to study the effect of therapeutic or curative administration of anti-IL6 antibodies on overall GI motility, colonic permeability and translocation of intestinal bacteria in blood and mesenteric lymph nodes in the mouse caecal ligation and puncture model.OF-1 mice were randomized to either the preventive or curative protocol, in which they received 1 mg/kg of antibodies to interleukin-6, or its IgG isotype control solution. They subsequently underwent either the caecal ligation and puncture procedure, or sham-surgery. GI motility was assessed 48 h following the procedure, as well as colonic permeability, serum and colon cytokines, colonic tight junction proteins at the mRNA level; cultures of blood and mesenteric lymph nodes were performed.Preventive administration of anti-interleukin-6 antibodies successfully counteracted the gastrointestinal motility disturbances and impaired colonic barrier function that could be observed in vehicle-treated septic animals. Serum and colonic levels of proinflammatory cytokines were significantly lower when animals were preventively treated with anti-interleukin-6 antibodies. A repetitive injection 24 h later resulted in the most pronounced effects. Curative treatment significantly lowered systemic and colonic inflammation markers while the effects on transit and permeability were unfortunately no longer significant.Caecal ligation and puncture resulted in septic ileus with an increased colonic permeability. Antibodies to interleukin-6 were able to ameliorate gastro-intestinal motility, suppress inflammation and

  1. A new family of 1D exchange biased heterometal single-molecule magnets: observation of pronounced quantum tunneling steps in the hysteresis loops of quasi-linear {Mn2Ni3} clusters.

    Science.gov (United States)

    Das, Animesh; Gieb, Klaus; Krupskaya, Yulia; Demeshko, Serhiy; Dechert, Sebastian; Klingeler, Rüdiger; Kataev, Vladislav; Büchner, Bernd; Müller, Paul; Meyer, Franc

    2011-03-16

    First members of a new family of heterometallic Mn/Ni complexes [Mn(2)Ni(3)X(2)L(4)(LH)(2)(H(2)O)(2)] (X = Cl: 1; X = Br: 2) with the new ligand 2-{3-(2-hydroxyphenyl)-1H-pyrazol-1-yl}ethanol (H(2)L) have been synthesized, and single crystals obtained from CH(2)Cl(2) solutions have been characterized crystallographically. The molecular structures feature a quasi-linear Mn(III)-Ni(II)-Ni(II)-Ni(II)-Mn(III) core with six-coordinate metal ions, where elongated axes of all the distorted octahedral coordination polyhedra are aligned parallel and are fixed with respect to each other by intramolecular hydrogen bonds. 1 and 2 exhibit quite strong ferromagnetic exchange interactions throughout (J(Mn-Ni) ≈ 40 K (1) or 42 K (2); J(Ni-Ni) ≈ 22 K (1) or 18 K (2)) that lead to an S(tot) = 7 ground state, and a sizable uniaxial magnetoanisotropy with D(mol) values -0.55 K (1) and -0.45 K (2). These values are directly derived also from frequency- and temperature-dependent high-field EPR spectra. Slow relaxation of the magnetization at low temperatures and single-molecule magnet (SMM) behavior are evident from frequency-dependent peaks in the out-of-phase ac susceptibilities and magnetization versus dc field measurements, with significant energy barriers to spin reversal U(eff) = 27 K (1) and 22 K (2). Pronounced quantum tunnelling steps are observed in the hysteresis loops of the temperature- and scan rate-dependent magnetization data, but with the first relaxation step shifted above (1) or below (2) the zero crossing of the magnetic field, despite the very similar molecular structures. The different behavior of 1 and 2 is interpreted in terms of antiferromagnetic (1) or ferromagnetic (2) intermolecular interactions, which are discussed in view of the subtle differences of intermolecular contacts within the crystal lattice.

  2. SMEs: Trust and judicial system

    Directory of Open Access Journals (Sweden)

    Marilene Lorizio

    2016-06-01

    Full Text Available Italian SMEs share capabilities and routines that permit them to reach high level of competition. But in a global system that is affected by structural deficiencies and negative performance of judicial system, it is very hard to maintain high performances. In this work, starting from the resilience capacity of a group of SMEs of surviving to the crisis, we try to analyse the quality of the expectations of a sample of resilient firms. Our study leads to the hypothesis that the economic crisis is in line with a crisis of confidence in the judicial system. This is all the more serious when considering that this distrust is rooted in those firms located in Southern Italy, where the inefficiency of the judicial system is particularly pronounced.

  3. England and Wales: Stable fertility and pronounced social status differences

    Directory of Open Access Journals (Sweden)

    Wendy Sigle-Rushton

    2008-07-01

    Full Text Available For nearly three decades, the total fertility rate in England and Wales has remained high relative to other European countries, and stable at about 1.7 births per woman. In this chapter, we examine trends in both period and cohort fertility throughout the twentieth century, and demonstrate some important differences across demographic and social groups in the timing and quantum of fertility. Breaking with a market-oriented and laissez-faire approach to work and family issues, the last 10 years have seen the introduction of new social and economic policies aimed at providing greater support to families with children. However, the effect of the changes is likely to be limited to families on the lower end of the income scale. Rather than facilitating work and parenthood, some policies create incentives for a traditional gendered division of labour. Fertility appears to have remained stable despite, rather than because of, government actions.

  4. Small-world networks exhibit pronounced intermittent synchronization

    Science.gov (United States)

    Choudhary, Anshul; Mitra, Chiranjit; Kohar, Vivek; Sinha, Sudeshna; Kurths, Jürgen

    2017-11-01

    We report the phenomenon of temporally intermittently synchronized and desynchronized dynamics in Watts-Strogatz networks of chaotic Rössler oscillators. We consider topologies for which the master stability function (MSF) predicts stable synchronized behaviour, as the rewiring probability (p) is tuned from 0 to 1. MSF essentially utilizes the largest non-zero Lyapunov exponent transversal to the synchronization manifold in making stability considerations, thereby ignoring the other Lyapunov exponents. However, for an N-node networked dynamical system, we observe that the difference in its Lyapunov spectra (corresponding to the N - 1 directions transversal to the synchronization manifold) is crucial and serves as an indicator of the presence of intermittently synchronized behaviour. In addition to the linear stability-based (MSF) analysis, we further provide global stability estimate in terms of the fraction of state-space volume shared by the intermittently synchronized state, as p is varied from 0 to 1. This fraction becomes appreciably large in the small-world regime, which is surprising, since this limit has been otherwise considered optimal for synchronized dynamics. Finally, we characterize the nature of the observed intermittency and its dominance in state-space as network rewiring probability (p) is varied.

  5. Consciousness: a neural capacity for objectivity, especially pronounced in humans

    Science.gov (United States)

    Dijker, Anton J. M.

    2014-01-01

    Consciousness tends to be viewed either as subjective experience of sensations and feelings, or as perception and internal representation of objects. This paper argues that neither view sufficiently acknowledges that consciousness may refer to the brain’s most adaptive property: its capacity to produce states of objectivity. It is proposed that this capacity relies on multiple sensorimotor networks for internally representing objects and their properties in terms of expectancies, as well as on motivational and motor mechanisms involved in exploration, play, and care for vulnerable living and non-living objects. States of objectivity are associated with a very special phenomenal aspect; the experience that subjective aspects are absent and one is “just looking” at the world as it really is and can be. However, these states are normally closely preceded and followed by (and tend to be combined or fused with) sensations and feelings which are caused by activation of sensory and motivational mechanisms. A capacity for objectivity may have evolved in different species and can be conceived as a common basis for other elusive psychological properties such as intelligence, conscience, and esthetic experience; all three linked to crucial behaviors in human evolution such as tool making, cooperation, and art. The brain’s pervasive tendency to objectify may be responsible for wrongly equating consciousness with feelings and wrongly opposing it to well-learned or habitual (“unconscious”) patterns of perception and behavior. PMID:24672506

  6. An acoustic investigation of Arabic vowels pronounced by Malay speakers

    Directory of Open Access Journals (Sweden)

    Ali Abd Almisreb

    2016-04-01

    Full Text Available In Malaysia, Arabic language is spoken, and commonly used among the Malays. Malays use Arabic in their daily life, such as during performing worship. Hence, in this paper, some of the Arabic vowels attributes are investigated, analyzed and initial findings are presented based on tokens articulated by Malay speakers as we can consider the spoken Arabic by Malays as one of the Arabic dialects. It is known that in Arabic language there are 28 consonants and 6 main vowels. Firstly, the duration, variability, and overlapping attributes are highlighted based on syllables of Consonant–Vowel with each syllable representing every Arabic consonant with the corresponding vowels. Next, the dispersion of each vowel is examined to be compared with each other along with the variability among vowels that may cause overlapping between vowels in the vowel-space. Results showed that the vowel overlapping occurred between short vowels and their long counterpart vowels. Furthermore, an investigation of the Arabic vowel duration is addressed as well, and duration analysis for all the vowels is discussed, followed by the analysis for each vowel separately. In addition, a comparison between long and short vowels is presented as well as comparison between high and low vowel is carried out.

  7. OTSMOU (pronounced OTSMooo, as in the noise a cow makes.)

    CERN Document Server

    Norman McCubbin

    Most members of ATLAS will have no idea what OTSMOU is, and those who do may well wish they didn't. So, it was with some reluctance that I agreed to Pauline's request to write something about OTSMOU for ATLAS e-news: I knew, for example, that it would not be easy to come up with an eye-catching OTSMOU picture! So, what is OTSMOU? It's an acronym (for which I take full responsibility) for Operation Task Sharing and Maintenance & Operation Update, which may not leave you much the wiser. For the past few months the OTSMOU working group has been meeting to come up with a fair and transparent process for sharing out the large amount of work ("Operation Tasks") that will be required to run and operate ATLAS during the (many) years of data-taking. So that's the "OTS" bit. The "Mooo" bit is to take a look at the Memorandum of Understanding (MoU) covering Maintenance and Operations (M&O) and consider how it should be updated for the data-taking era. The report from the group was endorsed by the Collaboration...

  8. Learning attention for historical text normalization by learning to pronounce

    DEFF Research Database (Denmark)

    Bollmann, Marcel; Bingel, Joachim; Søgaard, Anders

    2017-01-01

    Automated processing of historical texts often relies on pre-normalization to modern word forms. Training encoder-decoder architectures to solve such problems typically requires a lot of training data, which is not available for the named task. We address this problem by using several novel encoder...

  9. Translational selection in human: More pronounced in housekeeping genes

    KAUST Repository

    Ma, Lina

    2014-07-10

    Background: Translational selection is a ubiquitous and significant mechanism to regulate protein expression in prokaryotes and unicellular eukaryotes. Recent evidence has shown that translational selection is weakly operative in highly expressed genes in human and other vertebrates. However, it remains unclear whether translational selection acts differentially on human genes depending on their expression patterns.Results: Here we report that human housekeeping (HK) genes that are strictly defined as genes that are expressed ubiquitously and consistently in most or all tissues, are under stronger translational selection.Conclusions: These observations clearly show that translational selection is also closely associated with expression pattern. Our results suggest that human HK genes are more efficiently and/or accurately translated into proteins, which will inevitably open up a new understanding of HK genes and the regulation of gene expression.Reviewers: This article was reviewed by Yuan Yuan, Baylor College of Medicine; Han Liang, University of Texas MD Anderson Cancer Center (nominated by Dr Laura Landweber) Eugene Koonin, NCBI, NLM, NIH, United States of America Sandor Pongor, International Centre for Genetic Engineering and biotechnology (ICGEB), Italy. © 2014 Ma et al.; licensee BioMed Central Ltd.

  10. Translational selection in human: More pronounced in housekeeping genes

    KAUST Repository

    Ma, Lina; Cui, Peng; Zhu, Jiang; Zhang, Zhihua; Zhang, Zhang

    2014-01-01

    by Yuan Yuan, Baylor College of Medicine; Han Liang, University of Texas MD Anderson Cancer Center (nominated by Dr Laura Landweber) Eugene Koonin, NCBI, NLM, NIH, United States of America Sandor Pongor, International Centre for Genetic Engineering

  11. Automatic Recognition of Improperly Pronounced Initial 'r' Consonant in Romanian

    Directory of Open Access Journals (Sweden)

    VELICAN, V.

    2012-08-01

    Full Text Available Correctly assessing the degree of mispronunciation and deciding upon the necessary treatment are fundamental activities for all speech disorder specialists. Obviously, the experience and the availability of the specialists are essentials in order to assure an efficient therapy for the speech impaired. To overcome this deficiency a more objective approach would include the existence of a tool that independent of the specialist's abilities could be used to establish the diagnostics. A complete automated system based on speech processing algorithms capable of performing the recognition task is therefore thoroughly justified and can be viewed as a goal that will bring many benefits to the field of speech pronunciation correction. This paper presents further results of the authors' work on developing speech processing algorithms able to identify mispronunciations in Romanian language, more exactly we propose the use of the Walsh-Hadamard Transform (WHT as feature selection tool in the case of identifying rhotacism. The results are encouraging with a best recognition rate of 92.55%.

  12. Diversidade e distribuição espaço-temporal de anuros em região com pronunciada estação seca no sudeste do Brasil Temporal and spatial distribution and diversity of anurans in a region with pronounced dry season in southeastern Brazil

    Directory of Open Access Journals (Sweden)

    Tiago Gomes dos Santos

    2007-03-01

    apenas C. schneideri e H. albopunctatus se reproduziram durante o período seco. A fraca partilha espacial e temporal, registrada para adultos e girinos, não foi suficiente para explicar o isolamento reprodutivo entre as espécies. Outros fatores, como a partilha acústica e a segregação dos sítios de vocalização, podem ter maior importância para explicar a coexistência das espécies. A severidade climática (extensa e pronunciada estação seca, imprevisibilidade e inconstância das chuvas no início da estação chuvosa, juntamente com o elevado grau de conversão do hábitat natural em áreas de cultivo são, provavelmente, os fatores responsáveis pelo predomínio de espécies conhecidas por colonizar com sucesso áreas antrópicas em outras regiões do país.Anthropic activities have deeply changed natural environments and constantly affected the diversity and distribution of anurans. This study aimed to investigate the following questions: (1 What is the frogs composition in a pasture region with a pronounced seasonal climate in extreme northwest of the state of São Paulo? (2 How are adults and tadpoles of the species distributed temporally and spatially? (3 Is species richness correlated to descriptors of reproductive habitats heterogeneity? In the study site 20 anuran species were recorded, distributed in 11 genus of four families: Leptodactylidae (9, Hylidae (8, Microhylidae (2 and Bufonidae (1. From these, Chaunus schneideri (Werner, 1894, Physalaemus centralis Bokermann, 1962 and Physalaemus fuscomaculatus (Steindachner, 1864 were recorded only by tadpoles collection, whereas Dendropsophus minutus (Peters, 1872 and Leptodactylus labyrinthicus (Spix, 1824 occurred only in water bodies next to the studied ones. The recorded species are known by their ample geographic distribution and for colonizing disturbed areas in other localities. There was no correlation between species richness and structural complexity of water bodies. However, the greater

  13. On Judicial and Quasi-Judicial Independence

    NARCIS (Netherlands)

    Comtois, Suzanne; de Graaf, K.J.

    2013-01-01

    'Principles of judicial and quasi-judicial independence are fundamental to all democracies and yet, the notion of independence is still elusive. What is judicial and quasi-judicial independence and why is it important? From whom and what are the judiciary and other adjudicators to be independent? Is

  14. More Pronounced Deficits in Facial Emotion Recognition for Schizophrenia than Bipolar Disorder

    Science.gov (United States)

    Goghari, Vina M; Sponheim, Scott R

    2012-01-01

    Schizophrenia and bipolar disorder are typically separated in diagnostic systems. Behavioural, cognitive, and brain abnormalities associated with each disorder nonetheless overlap. We evaluated the diagnostic specificity of facial emotion recognition deficits in schizophrenia and bipolar disorder to determine whether select aspects of emotion recognition differed for the two disorders. The investigation used an experimental task that included the same facial images in an emotion recognition condition and an age recognition condition (to control for processes associated with general face recognition) in 27 schizophrenia patients, 16 bipolar I patients, and 30 controls. Schizophrenia and bipolar patients exhibited both shared and distinct aspects of facial emotion recognition deficits. Schizophrenia patients had deficits in recognizing angry facial expressions compared to healthy controls and bipolar patients. Compared to control participants, both schizophrenia and bipolar patients were more likely to mislabel facial expressions of anger as fear. Given that schizophrenia patients exhibited a deficit in emotion recognition for angry faces, which did not appear due to generalized perceptual and cognitive dysfunction, improving recognition of threat-related expression may be an important intervention target to improve social functioning in schizophrenia. PMID:23218816

  15. Are the effects of Unreal violent video games pronounced when playing with a virtual reality system?

    Science.gov (United States)

    Arriaga, Patrícia; Esteves, Francisco; Carneiro, Paula; Monteiro, Maria Benedicta

    2008-01-01

    This study was conducted to analyze the short-term effects of violent electronic games, played with or without a virtual reality (VR) device, on the instigation of aggressive behavior. Physiological arousal (heart rate (HR)), priming of aggressive thoughts, and state hostility were also measured to test their possible mediation on the relationship between playing the violent game (VG) and aggression. The participants--148 undergraduate students--were randomly assigned to four treatment conditions: two groups played a violent computer game (Unreal Tournament), and the other two a non-violent game (Motocross Madness), half with a VR device and the remaining participants on the computer screen. In order to assess the game effects the following instruments were used: a BIOPAC System MP100 to measure HR, an Emotional Stroop task to analyze the priming of aggressive and fear thoughts, a self-report State Hostility Scale to measure hostility, and a competitive reaction-time task to assess aggressive behavior. The main results indicated that the violent computer game had effects on state hostility and aggression. Although no significant mediation effect could be detected, regression analyses showed an indirect effect of state hostility between playing a VG and aggression. Copyright 2008 Wiley-Liss, Inc.

  16. Shifts in coastal sediment oxygenation cause pronounced changes in microbial community composition and associated metabolism.

    Science.gov (United States)

    Broman, Elias; Sjöstedt, Johanna; Pinhassi, Jarone; Dopson, Mark

    2017-08-09

    A key characteristic of eutrophication in coastal seas is the expansion of hypoxic bottom waters, often referred to as 'dead zones'. One proposed remediation strategy for coastal dead zones in the Baltic Sea is to mix the water column using pump stations, circulating oxygenated water to the sea bottom. Although microbial metabolism in the sediment surface is recognized as key in regulating bulk chemical fluxes, it remains unknown how the microbial community and its metabolic processes are influenced by shifts in oxygen availability. Here, coastal Baltic Sea sediments sampled from oxic and anoxic sites, plus an intermediate area subjected to episodic oxygenation, were experimentally exposed to oxygen shifts. Chemical, 16S rRNA gene, metagenomic, and metatranscriptomic analyses were conducted to investigate changes in chemistry fluxes, microbial community structure, and metabolic functions in the sediment surface. Compared to anoxic controls, oxygenation of anoxic sediment resulted in a proliferation of bacterial populations in the facultative anaerobic genus Sulfurovum that are capable of oxidizing toxic sulfide. Furthermore, the oxygenated sediment had higher amounts of RNA transcripts annotated as sqr, fccB, and dsrA involved in sulfide oxidation. In addition, the importance of cryptic sulfur cycling was highlighted by the oxidative genes listed above as well as dsvA, ttrB, dmsA, and ddhAB that encode reductive processes being identified in anoxic and intermediate sediments turned oxic. In particular, the intermediate site sediments responded differently upon oxygenation compared to the anoxic and oxic site sediments. This included a microbial community composition with more habitat generalists, lower amounts of RNA transcripts attributed to methane oxidation, and a reduced rate of organic matter degradation. These novel data emphasize that genetic expression analyses has the power to identify key molecular mechanisms that regulate microbial community responses upon oxygenation of dead zones. Moreover, these results highlight that microbial responses, and therefore ultimately remediation efforts, depend largely on the oxygenation history of sites. Furthermore, it was shown that re-oxygenation efforts to remediate dead zones could ultimately be facilitated by in situ microbial molecular mechanisms involved in removal of toxic H 2 S and the potent greenhouse gas methane.

  17. Pronounced Photovoltaic Response from Multilayered Transition-Metal Dichalcogenides PN-Junctions.

    Science.gov (United States)

    Memaran, Shahriar; Pradhan, Nihar R; Lu, Zhengguang; Rhodes, Daniel; Ludwig, Jonathan; Zhou, Qiong; Ogunsolu, Omotola; Ajayan, Pulickel M; Smirnov, Dmitry; Fernández-Domínguez, Antonio I; García-Vidal, Francisco J; Balicas, Luis

    2015-11-11

    Transition metal dichalcogenides (TMDs) are layered semiconductors with indirect band gaps comparable to Si. These compounds can be grown in large area, while their gap(s) can be tuned by changing their chemical composition or by applying a gate voltage. The experimental evidence collected so far points toward a strong interaction with light, which contrasts with the small photovoltaic efficiencies η ≤ 1% extracted from bulk crystals or exfoliated monolayers. Here, we evaluate the potential of these compounds by studying the photovoltaic response of electrostatically generated PN-junctions composed of approximately 10 atomic layers of MoSe2 stacked onto the dielectric h-BN. In addition to ideal diode-like response, we find that these junctions can yield, under AM-1.5 illumination, photovoltaic efficiencies η exceeding 14%, with fill factors of ~70%. Given the available strategies for increasing η such as gap tuning, improving the quality of the electrical contacts, or the fabrication of tandem cells, our study suggests a remarkable potential for photovoltaic applications based on TMDs.

  18. CNS hypoxia is more pronounced in murine cerebral than noncerebral malaria and is reversed by erythropoietin

    DEFF Research Database (Denmark)

    Hempel, Casper; Combes, Valery; Hunt, Nicholas Henry

    2011-01-01

    observed in mice without CM, and hypoxia seemed to be confined to neuronal cell somas. PARP-1-deficient mice were not protected against CM, which argues against a role for cytopathic hypoxia. Erythropoietin therapy reversed the development of CM and substantially reduced the degree of neural hypoxia......Cerebral malaria (CM) is associated with high mortality and risk of sequelae, and development of adjunct therapies is hampered by limited knowledge of its pathogenesis. To assess the role of cerebral hypoxia, we used two experimental models of CM, Plasmodium berghei ANKA in CBA and C57BL/6 mice....... These findings demonstrate cerebral hypoxia in malaria, strongly associated with cerebral dysfunction and a possible target for adjunctive therapy....

  19. the need for a “bologna declaration” pronouncement for africa's ...

    African Journals Online (AJOL)

    Temechegn

    lecturers, academics and leaders in chemical industries and research. .... Related topics per sub-discipline of chemistry which build on each other and that could have ... disciplines of chemistry, viz., analytical, inorganic, organic and physical ...

  20. Pronounced effects of accute endurance exercise on gene expression in resting and exercising human skeletal muscle

    NARCIS (Netherlands)

    Catoire, M.; Mensink, M.R.; Boekschoten, M.V.; Hangelbroek, R.W.J.; Muller, M.R.; Schrauwen, P.; Kersten, A.H.

    2012-01-01

    Regular physical activity positively influences whole body energy metabolism and substrate handling in exercising muscle. While it is recognized that the effects of exercise extend beyond exercising muscle, it is unclear to what extent exercise impacts non-exercising muscles. Here we investigated

  1. Pronounced particularity: a comparison of governance structures on Lord Howe Island and Fernando de Noronha

    Directory of Open Access Journals (Sweden)

    Arianne Reis

    2013-11-01

    Full Text Available This paper compares and contrasts the management systems and governance structures of two island sites with national and international World Heritage recognition: Lord Howe Island (off the mid-east coast of Australia and Fernando de Noronha (off the north-east coast of Brazil. Using historical and contemporary references, the paper explores the manner in which two distinct approaches to governance are implicated in the daily living of community members, and considers their socioeconomic activities. We use the case of tourism and World Heritage management as examples of the complexities involved in the different forms of governance structures adopted by these two small oceanic islands: similar in nature and official status, but significantly different when the outcomes of their governance practices are analysed. In the final part of the paper, we suggest mechanisms and approaches that can promote sustainable local engagement with island issues.

  2. Cellular pH measurements in Emiliania huxleyi reveal pronounced membrane proton permeability.

    Science.gov (United States)

    Suffrian, K; Schulz, K G; Gutowska, M A; Riebesell, U; Bleich, M

    2011-05-01

    • To understand the influence of changing surface ocean pH and carbonate chemistry on the coccolithophore Emiliania huxleyi, it is necessary to characterize mechanisms involved in pH homeostasis and ion transport. • Here, we measured effects of changes in seawater carbonate chemistry on the fluorescence emission ratio of BCECF (2',7'-bis-(2-carboxyethyl)-5-(and-6)-carboxyfluorescein) as a measure of intracellular pH (pH(i)). Out of equilibrium solutions were used to differentiate between membrane permeation pathways for H(+), CO(2) and HCO(3)(-). • Changes in fluorescence ratio were calibrated in single cells, resulting in a ratio change of 0.78 per pH(i) unit. pH(i) acutely followed the pH of seawater (pH(e)) in a linear fashion between pH(e) values of 6.5 and 9 with a slope of 0.44 per pH(e) unit. pH(i) was nearly insensitive to changes in seawater CO(2) at constant pH(e) and HCO(3)(-). An increase in extracellular HCO(3)(-) resulted in a slight intracellular acidification. In the presence of DIDS (4,4'-diisothiocyanatostilbene-2,2'-disulfonic acid), a broad-spectrum inhibitor of anion exchangers, E. huxleyi acidified irreversibly. DIDS slightly reduced the effect of pH(e) on pH(i). • The data for the first time show the occurrence of a proton permeation pathway in E. huxleyi plasma membrane. pH(i) homeostasis involves a DIDS-sensitive mechanism. © 2011 The Authors. New Phytologist © 2011 New Phytologist Trust.

  3. When local anesthesia becomes universal: Pronounced systemic effects of subcutaneous lidocaine in bullfrogs (Lithobates catesbeianus)

    DEFF Research Database (Denmark)

    Williams, Catherine; Alstrup, Aage Kristian Olsen; Bertelsen, Mads Frost

    2017-01-01

    Sodium channel blockers are commonly injected local anesthetics but are also routinely used for general immersion anesthesia in fish and amphibians. Here we report the effects of subcutaneous injection of lidocaine (5 or 50mgkg-1) in the hind limb of bullfrogs (Lithobates catesbeianus) on reflexes...... regained over 4h. Systemic sedative effects were not coupled to local anti-nociception, as a forceps pinch test at the site of injection provoked movement at the height of the systemic effect (tested at 81±4min). Amphibians are routinely subject to general anesthesia via exposure to sodium channel blockers...

  4. A vacancy-modulated self-selective resistive switching memory with pronounced nonlinear behavior

    Science.gov (United States)

    Ma, Haili; Feng, Jie; Gao, Tian; Zhu, Xi

    2017-12-01

    In this study, we report a self-selective (nonlinear) resistive switching memory cell, with high on-state half-bias nonlinearity of 650, sub-μA operating current, and high On/Off ratios above 100×. Regarding the cell structure, a thermal oxidized HfO x layer in combination with a sputtered Ta2O5 layer was configured as an active stack, with Pt and Hf as top and bottom electrodes, respectively. The Ta2O5 acts as a selective layer as well as a series resistor, which could make the resistive switching happened in HfO x layer. Through the analysis of the physicochemical properties and electrical conduction mechanisms at each state, a vacancy-modulated resistance switching model was proposed to explain the switching behavior. The conductivity of HfO x layer was changed by polarity-dependent drift of the oxygen vacancy ( V o), resulting in an electron hopping distance change during switching. With the help of Ta2O5 selective layer, high nonlinearity observed in low resistance state. The proposed material stack shows a promising prospect to act as a self-selective cell for 3D vertical RRAM application.

  5. Pronounced subsurface cooling of North Atlantic waters off Northwest Africa during Dansgaard-Oeschger interstadials

    NARCIS (Netherlands)

    Kim, J.H.; Romero, O.E.; Lohmann, G.; Donner, B.; Laepple, T.; Haam, E.; Sinninghe Damsté, J.S.

    2012-01-01

    Millennial-scale Atlantic meridional overturning circulation (AMOC) variability has often been invoked to explain the Dansgaard-Oeschger (DO) events. However, the underlying causes responsible for millennial-scale AMOC variability are still debated. High-resolution U-37(K)' and TEX86H temperature

  6. Enhanced polarization, magnetic response and pronounced antibacterial activity of bismuth ferrite nanorods

    Energy Technology Data Exchange (ETDEWEB)

    Biswas, Kunal [Department of Biotechnology, Maulana Abul Kalam Azad University of Technology, West Bengal, Kolkata-64 (India); De, Debashis, E-mail: dr.debashis.de@ieee.org [Department of Computer Science and Engineering, Maulana Abul Kalam Azad University of Technology, West Bengal, Kolkata-64 (India); Bandyopadhyay, Jaya [Department of Biotechnology, Maulana Abul Kalam Azad University of Technology, West Bengal, Kolkata-64 (India); Dutta, Nabanita; Rana, Subhasis; Sen, Pintu [Variable Energy Cyclotron Centre, 1/AF, Bidhan Nagar, Kolkata, 700 064 (India); Bandyopadhyay, Sujit Kumar, E-mail: drsujitkumar@gmail.com [Meghnad Saha Institute of Technology, Nazirabad Rd, Uchhepota, Kolkata, West Bengal, 700150 (India); Chakraborty, P.K. [Department of Physics, Burdwan University, Burdwan, 713104 (India)

    2017-07-01

    The present work reports on the physical and biophysical characterization of bismuth ferrite (BFO) nanorods fabricated on porous anodized alumina (AAO) templates. The diameter of the nanorods was quite large, which vary in the range of 20–100 nm. The BFO nanorods exhibited enhanced polarization and significant magnetic susceptibility. Moreover, an enhanced magnetoelectric coupling was evident from magnetocapacitance measurements, which exhibited a power law. Upon analyzing through optical, petri-plate and electron microscopy imaging, we observed that, the asymmetric structure of the nanorods gave rise to augmented antibacterial response against the chosen bacteria (Staphylococcus aureus). The x-ray photoelectron spectra (XPS) data have exhibited significant peak shifts upon interaction with bacterial cells owing to a change of Bi oxidation state from one to another. Thus potential redox reaction, which might take place at the material-bio interface, is ascertained for bacterial death. Apart from physical insights, understanding the interaction between the bacteria and the nanorods of BFO could pave the way in exploring the antibacterial potentiality of such anisotropic nanoscale systems. - Highlights: • AAO supported BiFeO3 (BFO) nanorods have been investigated. • The polarization of BFO nanorods was observed to be remarkably high (∼0.04 μC/cm{sup 2}). • Strong antibacterial activity of nanorods was witnessed against Staphylococcus aureus. • The deskinned area on cytoskeletal parts as revealed through TEM imaging, suggest strong cidal activity of the nanorods. • XPS data justifies shifting of the peak due to biophysical interaction at the interface releasing reactive oxygen species.

  7. Pronouncements and Denunciations: An Analysis of State Press Association Ethics Codes from the 1920s.

    Science.gov (United States)

    Cronin, Mary M.; McPherson, James B.

    1995-01-01

    Discusses how four situational concerns (the rise of press agents, the fallout from World War I propaganda, sensationalism's resurgence, and editorial independence) contributed to a noticeable decline of the public's trust in the press. Shows how, as a result, 12 state press association ethics codes from the 1920s consistently emphasized the…

  8. Observations of Pronounced Greenland Ice Sheet Firn Warming and Implications for Runoff Production

    Science.gov (United States)

    Polashenski, Chris; Courville, Zoe; Benson, Carl; Wagner, Anna; Chen, Justin; Wong, Gifford; Hawley, Robert; Hall, Dorothy

    2014-01-01

    Field measurements of shallow borehole temperatures in firn across the northern Greenland ice sheet are collected during May 2013. Sites first measured in 19521955 are revisited, showing long-term trends in firn temperature. Results indicate a pattern of substantial firn warming (up to +5.7C) at midlevel elevations (1400-2500 m) and little temperature change at high elevations (2500 m). We find that latent heat transport into the firn due to meltwater percolation drives the observed warming. Modeling shows that heat is stored at depth for several years, and energy delivered from consecutive melt events accumulates in the firn. The observed warming is likely not yet in equilibrium with recent melt production rates but captures the progression of sites in the percolation facies toward net runoff production.

  9. Pulmonary complications in HIV-positive patients with only moderately pronounced immune deficiency

    International Nuclear Information System (INIS)

    Jacobi, V.; Kirchner, J.; Thalhammer, A.

    1995-01-01

    Rare diseases like Kaposi's sarcoma or uncharacteristic symptoms and signs of common disorders of the lungs like diffuse pneumococcal pneumonia or pulmonary involvement by lymphomas require refined X-ray measures, which are mostly broadened to include CT. An adequate knowledge of typical findings (signs of bronchiolitis in atypical pneumococcal pneumonia or pneumonia caused by Haemophilus influenza) often permits an at-a-glance diagnosis without the need of any further diagnostic tools. (orig./MG) [de

  10. A radiation condition in some regions with more pronounced effect of the Chernobyl accident

    International Nuclear Information System (INIS)

    Ivanov, I.V.; Ivanov, I.M.

    1993-01-01

    The radioecological condition of the Devin region situated in the Rodopes mountain (Bulgaria) has been investigated for the period October 1992 - March 1993. It is believed that the Rodopes were more significantly affected by the Chernobyl accident in comparison with other regions of Bulgaria. Some regions near Kozloduy NPP have been chosen for comparing, for which there are more detailed investigations of the anthropogenic radiation effects. Analysis of the background radiation is made, specific soil and water samples are tested. The alterations in the radiation conditions of the Devin region are analysed. Some conclusions and predictions for the trends in further alterations of the background radiation are made. As a result a draft regional program for environment protection reclamation is prepared. (V.K.)

  11. Pronounced photosensitivity of molecular [Ru(bpy)2(OSO)]+ solutions based on two photoinduced linkage isomers.

    Science.gov (United States)

    Dieckmann, Volker; Eicke, Sebastian; Rack, Jeffrey J; Woike, Theo; Imlau, Mirco

    2009-08-17

    Photosensitive properties of [Ru(bpy)(2)(OSO)] PF(6) dissolved in propylene carbonate originating from photoinduced linkage isomerism have been studied by temperature and exposure dependent transmission and UV/Vis absorption spectroscopy. An exceeding photochromic photosensitivity of S = (63 +/- 10) x 10(3) cm l J(-1) mol(-1) is determined. It is attributed to a maximum population of 100% molecules in the photoinduced isomers, a unique absorption cross section per molecule and a very low light exposure of Q(0) = (0.25 +/- 0.03) Ws cm(-2) for isomerism. Relaxation studies of O-bonded to S-bonded isomers at different temperatures verify the existence of two distinct structures of linkage isomers determined by the activation energies of E(A,1) = (0.76 +/- 0.08) eV and E(A,2) = (1.00 +/- 0.14) eV.

  12. A Pronounced Inflammatory Activity Characterizes the Early Fracture Healing Phase in Immunologically Restricted Patients

    Science.gov (United States)

    Hoff, Paula; Gaber, Timo; Strehl, Cindy; Jakstadt, Manuela; Hoff, Holger; Schmidt-Bleek, Katharina; Lang, Annemarie; Röhner, Eric; Huscher, Dörte; Matziolis, Georg; Burmester, Gerd-Rüdiger; Schmidmaier, Gerhard; Perka, Carsten; Duda, Georg N.; Buttgereit, Frank

    2017-01-01

    Immunologically restricted patients such as those with autoimmune diseases or malignancies often suffer from delayed or insufficient fracture healing. In human fracture hematomas and the surrounding bone marrow obtained from immunologically restricted patients, we analyzed the initial inflammatory phase on cellular and humoral level via flow cytometry and multiplex suspension array. Compared with controls, we demonstrated higher numbers of immune cells like monocytes/macrophages, natural killer T (NKT) cells, and activated T helper cells within the fracture hematomas and/or the surrounding bone marrow. Also, several pro-inflammatory cytokines such as Interleukin (IL)-6 and Tumor necrosis factor α (TNFα), chemokines (e.g., Eotaxin and RANTES), pro-angiogenic factors (e.g., IL-8 and Macrophage migration inhibitory factor: MIF), and regulatory cytokines (e.g., IL-10) were found at higher levels within the fracture hematomas and/or the surrounding bone marrow of immunologically restricted patients when compared to controls. We conclude here that the inflammatory activity on cellular and humoral levels at fracture sites of immunologically restricted patients considerably exceeds that of control patients. The initial inflammatory phase profoundly differs between these patient groups and is probably one of the reasons for prolonged or insufficient fracture healing often occurring within immunologically restricted patients. PMID:28282868

  13. Pronounced impairment of everyday skills and self-care in posterior cortical atrophy.

    Science.gov (United States)

    Shakespeare, Timothy J; Yong, Keir X X; Foxe, David; Hodges, John; Crutch, Sebastian J

    2015-01-01

    Posterior cortical atrophy (PCA) is a neurodegenerative syndrome characterized by progressive visual dysfunction and parietal, occipital, and occipitotemporal atrophy. The aim of this study was to compare the impact of PCA and typical Alzheimer's disease (tAD) on everyday functional abilities and neuropsychiatric status. The Cambridge Behavioural Inventory-Revised was given to carers of 32 PCA and 71 tAD patients. PCA patients showed significantly greater impairment in everyday skills and self-care while the tAD group showed greater impairment in aspects of memory and orientation, and motivation. We suggest that PCA poses specific challenges for those caring for people affected by the condition.

  14. Enhanced polarization, magnetic response and pronounced antibacterial activity of bismuth ferrite nanorods

    International Nuclear Information System (INIS)

    Biswas, Kunal; De, Debashis; Bandyopadhyay, Jaya; Dutta, Nabanita; Rana, Subhasis; Sen, Pintu; Bandyopadhyay, Sujit Kumar; Chakraborty, P.K.

    2017-01-01

    The present work reports on the physical and biophysical characterization of bismuth ferrite (BFO) nanorods fabricated on porous anodized alumina (AAO) templates. The diameter of the nanorods was quite large, which vary in the range of 20–100 nm. The BFO nanorods exhibited enhanced polarization and significant magnetic susceptibility. Moreover, an enhanced magnetoelectric coupling was evident from magnetocapacitance measurements, which exhibited a power law. Upon analyzing through optical, petri-plate and electron microscopy imaging, we observed that, the asymmetric structure of the nanorods gave rise to augmented antibacterial response against the chosen bacteria (Staphylococcus aureus). The x-ray photoelectron spectra (XPS) data have exhibited significant peak shifts upon interaction with bacterial cells owing to a change of Bi oxidation state from one to another. Thus potential redox reaction, which might take place at the material-bio interface, is ascertained for bacterial death. Apart from physical insights, understanding the interaction between the bacteria and the nanorods of BFO could pave the way in exploring the antibacterial potentiality of such anisotropic nanoscale systems. - Highlights: • AAO supported BiFeO3 (BFO) nanorods have been investigated. • The polarization of BFO nanorods was observed to be remarkably high (∼0.04 μC/cm 2 ). • Strong antibacterial activity of nanorods was witnessed against Staphylococcus aureus. • The deskinned area on cytoskeletal parts as revealed through TEM imaging, suggest strong cidal activity of the nanorods. • XPS data justifies shifting of the peak due to biophysical interaction at the interface releasing reactive oxygen species.

  15. A pronounced evolutionary shift of the pseudoautosomal region boundary in house mice

    OpenAIRE

    White, Michael A.; Ikeda, Akihiro; Payseur, Bret A.

    2012-01-01

    The pseudoautosomal region (PAR) is essential for the accurate pairing and segregation of the X and Y chromosomes during meiosis. Despite its functional significance, the PAR shows substantial evolutionary divergence in structure and sequence between mammalian species. An instructive example of PAR evolution is the house mouse Mus musculus domesticus (represented by the C57BL/6J strain), which has the smallest PAR among those that have been mapped. In C57BL/6J, the PAR boundary is located jus...

  16. Caffeine-hydrazones as anticancer agents with pronounced selectivity toward T-lymphoblastic leukaemia cells

    Czech Academy of Sciences Publication Activity Database

    Kaplánek, R.; Jakubek, M.; Rak, J.; Kejik, Z.; Havlík, M.; Dolenský, B.; Frydrych, I.; Hajduch, M.; Kolář, M.; Bogdanová, K.; Králová, Jarmila; Dzubak, P.; Král, V.

    2015-01-01

    Roč. 60, Jun (2015), s. 19-29 ISSN 0045-2068 Grant - others:GA MŠk(CZ) EE2.3.30.0060; GA MŠk CZ.1.07/2.3.00/30.0041; GA MŠk(CZ) LO1304 Program:EE; LD Institutional support: RVO:68378050 Keywords : Anticancer agents * Cancer treatment * Caffeine -hydrazones * Leukaemia * Selectivity Subject RIV: EB - Genetics ; Molecular Biology Impact factor: 2.252, year: 2015

  17. Pronounced biomaterial dependency in cartilage regeneration using nonexpanded compared with expanded chondrocytes

    NARCIS (Netherlands)

    Tsuchida, A.I.; Bekkers, J.E.J.; Beekhuizen, M.; Vonk, L.A.; Dhert, W.J.A.; Saris, Daniël B.F.; Creemers, L.B.

    2013-01-01

    We aimed to investigate freshly isolated compared with culture-expanded chondrocytes with respect to early regenerative response, cytokine production and cartilage formation in response to four commonly used biomaterials. Materials & methods: Chondrocytes were both directly and after expansion to

  18. [Peri-areolar approach in pronounced gynecomastia with focus-plasty and liposuction].

    Science.gov (United States)

    Bauer, T; Gruber, S; Todoroff, B

    2001-04-01

    The treatment of gigantic gynecomastia has usually been accompanied by ugly scars. Because of our experiences in 38 patients with gynecomastia grade III, we suggest a surgical technique that not only involves a simple mastectomy and liposuction, but also a mere periareoler incision and, if necessary, repeated focusplasty and liposuction. Excessive skin can be repaired with a so-called focusplasty. In young patients this can successfully be achieved in one operation. Because skin has a minimized ability to retract in older patients, repeat operative sessions are necessary.

  19. Familial Risk of IBD is more pronounced in the younger age groups

    DEFF Research Database (Denmark)

    Trier Møller, Frederik; Jess, Tine; Andersen, Vibeke

    2014-01-01

    Background: Inflammatory bowel disease (IBD) – Ulcerative colitis (UC) and Crohns Disease (CD) are caused by complex gene-environment interactions and the risk is increased in family members. We investigated whether the risk of IBD in relatives to IBD patients changes by age of the relatives....... Results The age stratified rates of IBD in 1st degree relatives to an IBD affected case, after controlling for the overall effect of age, appear from Table 1. The rate ratio of CD in individuals with two or more 1st degree relatives with IBD is 1-2 fold increased in relatives aged 60+ years, whereas...... it is 67-fold increased risk in relatives aged 0-10 years and 34-fold increased in relatives aged 10-19 years. The same pattern is seen in 1st degree relatives who have one relative with IBD, where the risk of CD is markedly higher in younger relatives, this risk pattern for CD is seen both if the IBD...

  20. “How to Pronounce Meme.” Three YouTube Channels

    Directory of Open Access Journals (Sweden)

    Sandy Baldwin

    2017-03-01

    Full Text Available Internet anomalies produce data and images beyond any authorship or source. They seem to compute and display the depths and potentials of the net “as such.” Explanations and theories surround and attempt to account for anomalies, from ARGs to NSA recruiting tools. Examining three such anomalous YouTube channels, this essay does not propose a solution but rather maintains the anomalous as the constituent aesthetic and community of the net.

  1. Shifts in coastal sediment oxygenation cause pronounced changes in microbial community composition and associated metabolism

    DEFF Research Database (Denmark)

    Broman, Elias; Sjöstedt, Johanna; Pinhassi, Jarone

    2017-01-01

    . In particular, the intermediate site sediments responded differently upon oxygenation compared to the anoxic and oxic site sediments. This included a microbial community composition with more habitat generalists, lower amounts of RNA transcripts attributed to methane oxidation, and a reduced rate of organic...... efforts, depend largely on the oxygenation history of sites. Furthermore, it was shown that re-oxygenation efforts to remediate dead zones could ultimately be facilitated by in situ microbial molecular mechanisms involved in removal of toxic H2S and the potent greenhouse gas methane....

  2. Pronounced radiosensitization of cultured human cancer cells by COX inhibitor under acidic microenvironment

    International Nuclear Information System (INIS)

    Shah, Tushar; Ryu, Samuel; Lee, Ho Jun; Brown, Stephen; Kim, Jae Ho

    2002-01-01

    Purpose: To demonstrate the influence of pH on the cytotoxicity and radiosensitization by COX (cyclooxygenase) -1 and -2 inhibitors using established human cancer cells in culture. Methods and Materials: Nonselective COX inhibitor, ibuprofen (IB), and selective COX-2 inhibitor, SC-236, were used to determine the cytotoxicity and radiosensitization at varying pH of culture media. Human colon carcinoma cell line (HT-29) was exposed to the drug alone and in combination with radiation at different pH of the cell culture media. The end point was clonogenic ability of the single-plated cells after the treatment. Results: Cytotoxicity and radiosensitization of IB increased with higher drug concentration and longer exposure time. The most significant radiosensitization was seen with IB (1.5 mM) for 2-h treatment at pH 6.7 before irradiation. The dose-modifying factor as defined by the ratio of radiation doses required to achieve the same effect on cell survival was 1.8 at 10% survival level. In contrast, SC-236 (50 μM for 2-8 h) showed no pH-dependent cytotoxicity. There was modest increase in the cell killing at lower doses of radiation. Conclusion: An acidic pH was an important factor affecting the increased cytotoxicity and radiosensitization by ibuprofen. Radiation response was enhanced at shoulder portion of the cell survival curve by selective COX-2 inhibitor

  3. Habitat-Based Density Models for Three Cetacean Species off Southern California Illustrate Pronounced Seasonal Differences

    Directory of Open Access Journals (Sweden)

    Elizabeth A. Becker

    2017-05-01

    Full Text Available Managing marine species effectively requires spatially and temporally explicit knowledge of their density and distribution. Habitat-based density models, a type of species distribution model (SDM that uses habitat covariates to estimate species density and distribution patterns, are increasingly used for marine management and conservation because they provide a tool for assessing potential impacts (e.g., from fishery bycatch, ship strikes, anthropogenic sound over a variety of spatial and temporal scales. The abundance and distribution of many pelagic species exhibit substantial seasonal variability, highlighting the importance of predicting density specific to the season of interest. This is particularly true in dynamic regions like the California Current, where significant seasonal shifts in cetacean distribution have been documented at coarse scales. Finer scale (10 km habitat-based density models were previously developed for many cetacean species occurring in this region, but most models were limited to summer/fall. The objectives of our study were two-fold: (1 develop spatially-explicit density estimates for winter/spring to support management applications, and (2 compare model-predicted density and distribution patterns to previously developed summer/fall model results in the context of species ecology. We used a well-established Generalized Additive Modeling framework to develop cetacean SDMs based on 20 California Cooperative Oceanic Fisheries Investigations (CalCOFI shipboard surveys conducted during winter and spring between 2005 and 2015. Models were fit for short-beaked common dolphin (Delphinus delphis delphis, Dall's porpoise (Phocoenoides dalli, and humpback whale (Megaptera novaeangliae. Model performance was evaluated based on a variety of established metrics, including the percentage of explained deviance, ratios of observed to predicted density, and visual inspection of predicted and observed distributions. Final models were used to produce spatial grids of average species density and spatially-explicit measures of uncertainty. Results provide the first fine scale (10 km density predictions for these species during the cool seasons and reveal distribution patterns that are markedly different from summer/fall, thus providing novel insights into species ecology and quantitative data for the seasonal assessment of potential anthropogenic impacts.

  4. Pronounced daily succession of phytoplankton, archaea and bacteria following a spring bloom.

    Science.gov (United States)

    Needham, David M; Fuhrman, Jed A

    2016-02-29

    Marine phytoplankton perform approximately half of global carbon fixation, with their blooms contributing disproportionately to carbon sequestration(1), and most phytoplankton production is ultimately consumed by heterotrophic prokaryotes(2). Therefore, phytoplankton and heterotrophic community dynamics are important in modelling carbon cycling and the impacts of global change(3). In a typical bloom, diatoms dominate initially, transitioning over several weeks to smaller and motile phytoplankton(4). Here, we show unexpected, rapid community variation from daily rRNA analysis of phytoplankton and prokaryotic community members following a bloom off southern California. Analysis of phytoplankton chloroplast 16S rRNA demonstrated ten different dominant phytoplankton over 18 days alone, including four taxa with animal toxin-producing strains. The dominant diatoms, flagellates and picophytoplankton varied dramatically in carbon export potential. Dominant prokaryotes also varied rapidly. Euryarchaea briefly became the most abundant organism, peaking over a few days to account for about 40% of prokaryotes. Phytoplankton and prokaryotic communities correlated better with each other than with environmental parameters. Extending beyond the traditional view of blooms being controlled primarily by physics and inorganic nutrients, these dynamics imply highly heterogeneous, continually changing conditions over time and/or space and suggest that interactions among microorganisms are critical in controlling plankton diversity, dynamics and fates.

  5. Pronounced Environmental Effects on Injection Currents in EGaln Tunneling Junctions Comprising Self-Assembled Monolayers

    NARCIS (Netherlands)

    Carlotti, Marco; Degen, Maarten; Zhang, Yanxi; Chiechi, Ryan C.

    2016-01-01

    Large-area tunneling junctions using eutectic Ga-In (EGaIn) as a top contact have proven to be a robust, reproducible, and technologically relevant platform for molecular electronics. Thus far, the majority of studies have focused on saturated molecules with backbones consisting mainly of alkanes in

  6. Pronounced variation in tarsal and foot feathering in the upland buzzard (Buteo hemilasius) in Mongolia

    Science.gov (United States)

    Ellis, D.H.; Woffinden, N.; Whitlock, P.L.; Tsengeg, Pu

    1999-01-01

    During 1994, 1995, 1997, and 1998 expeditions across Mongolia, we located over 250 upland buzzard (Buteo hemilasius) nests. At these, we noted considerable morphological variation in plumage coloration and in leg pterylosis. In 1997 and 1998, we examined 131 nests scattered across eastern and central Mongolia and report here the tarsal condition of 119 nestlings from 59 broods where young were at least 2 weeks of age. Of 119 birds carefully examined, 50 (42%) had less than fully feathered tarsi and 4 of the 69 with fully feathered tarsi had scattered feathers on their toes. Thus, 54 of 119 birds (45%) in some way deviated from the feathered tarsibare toes condition. This extraordinary degree of variability in feather patterns may be best explained as the result of extensive and relatively recent hybridization between the longlegged (Buteo rufinus) and roughlegged (B. lagopus) buzzards and/or between long-legged and upland buzzards.

  7. Intramolecularly bridged calix[4]arenes with pronounced complexation ability toward neutral compounds

    Czech Academy of Sciences Publication Activity Database

    Slavík, P.; Eigner, Václav; Lhoták, P.

    2015-01-01

    Roč. 17, č. 11 (2015), s. 2788-2791 ISSN 1523-7060 Institutional support: RVO:68378271 Keywords : calix[4]arene * mercuration * brigding * x-ray crystallography * Jana2006 Subject RIV: BM - Solid Matter Physics ; Magnetism Impact factor: 6.732, year: 2015

  8. Pronounced zonal heterogeneity in Eocene southern high-latitude sea surface temperatures

    NARCIS (Netherlands)

    Douglas, P.M.J.; Affek, H.P.; Ivany, L.C.; Houben, A.J.P.; Sijp, W.P.; Sluijs, A.; Schouten, S.; Pagani, M.

    2014-01-01

    Paleoclimate studies suggest that increased global warmth during the Eocene epoch was greatly amplified at high latitudes, a state that climate models cannot fully reproduce. However, proxy estimates of Eocene near-Antarctic sea surface temperatures (SSTs) have produced widely divergent results at

  9. The Northeast Greenland Shelf - Evidence of the existence of a pronounced salt-province

    Science.gov (United States)

    Schmitz, T.; Jokat, W.

    2003-04-01

    The Northeast Greenland shelf (NEGS) is the part of the continental margin of east Greenland located between the Jan Mayen Fracture Zone at about 72°N in the south and the Spitzbergen Fracture Zone at 81°N in the north. The eastern boundary, at the shelf edge, is the approximate position of the boundary between continental and oceanic crust and the western boundary is the coastline of Greenland. The shelf has a N-S orientation, is about 1000 km long, and between 125 km (southern part) and 380 km (at 78°N) wide. Based on present data the NEGS can be subdivided into a southern part influenced by Tertiary tectonism and volcanism (approx. 72°N to 75°N) and a northern, nonvolcanic, part (approx. 75°N to 81°N). Today the sedimentary history, stratigraphy, structure and origin of the basement below the sedimentary shelf south of 74°N are reasonable known, but only sparse information exists about the northern part of the shelf. Until 1990 there weren't any seismic lines north of 74°N, and all interpretations of stratigraphy and basin structures of the northern part of the NEGS were based on aeromagnetic data. During the last decade, the first seismic lines were shot over the northern part of the shelf to give more detailed information about sediment thickness, stratigraphy, and the structure of the sedimentary shelf. The area under investigation lies on the nonvolcanic northern part of the shelf between 78°30'N and 81°N. The sea floor topography indicates some submarine banks with water depth as shallow as 30 m, which are separated by valleys up to 500 m deep. These valleys were formed through erosion processes caused by cyclic movements of big grounded glacier tongues during the last ice-ages with a maximum expansion during the Wisconsin-Weichselian glaciation. During two scientific expeditions with the German research icebreaker Polarstern in 1997 and 1999, more than 1100 km of multichannel seismic data were collected. The cruise tracks during seismic measurement were diverted by heavy ice. The seismic equipment consisted of a 64-channel streamer (1600m long), 14 sonobuoys for data acquisition and an airgun cluster with a total volume of 24l (8 VLF airguns) as seismic source. Analysis of the results shows an upper sediment layer of 600 to 1000 m thickness with apparent velocities between 2.5 and 3.8 km/s. A second layer of up to 4600 m thickness has apparent velocities between 4.2 and 5.2 km/s. The sediment thickness increases towards the continental slope. The NEGS appears to be a glacial shaped shelf with intense eroded and compacted sediments near the sea floor which are caused by the cyclic advancement and retreat of the Greenland Ice Sheet. These compacted sediments generate the unusually high apparent velocities right under the sea floor. The seismic records from the shelf are heavily superimposed by sea floor multiples which are due to the overcompacted and very hard sea floor. The seismic reflection lines indicate sedimentary structures which we interpret as a province of salt domes, salt ridges and salt walls which reaches more than 90 km further north than mentioned by Escher and Pulvertaft in 1995. Negative anomalies in the shipborne gravity data as well as satellite measurements from over the NEGS support this interpretation.

  10. Racial and Socioeconomic Disparities Are More Pronounced in Inflammatory Breast Cancer Than Other Breast Cancers

    Directory of Open Access Journals (Sweden)

    Ryan A. Denu

    2017-01-01

    Full Text Available Inflammatory breast cancer (IBC is a rare yet aggressive form of breast cancer. We examined differences in patient demographics and outcomes in IBC compared to locally advanced breast cancer (LABC and all other breast cancer patients from the Breast and Prostate Cancer Data Quality and Patterns of Care Study (POC-BP, containing information from cancer registries in seven states. Out of 7,624 cases of invasive carcinoma, IBC and LABC accounted for 2.2% (N=170 and 4.9% (N=375, respectively. IBC patients were more likely to have a higher number (P=0.03 and severity (P=0.01 of comorbidities than other breast cancer patients. Among IBC patients, a higher percentage of patients with metastatic disease versus nonmetastatic disease were black, on Medicaid, and from areas of higher poverty and more urban areas. Black and Hispanic IBC patients had worse overall and breast cancer-specific survival than white patients; moreover, IBC patients with Medicaid, patients from urban areas, and patients from areas of higher poverty and lower education had worse outcomes. These data highlight the effects of disparities in race and socioeconomic status on the incidence of IBC as well as IBC outcomes. Further work is needed to reveal the causes behind these disparities and methods to improve IBC outcomes.

  11. How Could Foreign Teachers in Turkey Pronounce Their Turkish Students' Names Correctly

    Science.gov (United States)

    Yurtbasi, Metin

    2016-01-01

    Most of us have read Dale Carnegie's classic "How to make friends and influence people" in which he reveals the secret of human psychology: giving people the "feeling of importance" that they seek. He claims in that work that people feel more friendly toward those who allows them this feeling by caring about them and showing…

  12. PRONOUNCED MUSCLE DEOXYGENATION DURING SUPRAMAXIMAL EXERCISE UNDER SIMULATED HYPOXIA IN SPRINT ATHLETES

    Directory of Open Access Journals (Sweden)

    Kazuo Oguri

    2008-12-01

    Full Text Available The purpose of this study was to determine whether acute hypoxia alters the deoxygenation level in vastus lateralis muscle during a 30 s Wingate test, and to compare the muscle deoxygenation level between sprint athletes and untrained men. Nine male track sprinters (athletic group, VO2max 62.5 ± 4.1 ml/kg/min and 9 healthy untrained men (untrained group, VO2max 49.9 ± 5.2 ml·kg-1·min-1 performed a 30 s Wingate test under simulated hypoxic (FIO2 = 0.164 and PIO2 = 114 mmHg and normoxic conditions. During the exercise, changes in oxygenated hemoglobin (OxyHb in the vastus lateralis were measured using near infrared continuous wave spectroscopy. Decline in OxyHb, that is muscle deoxygenation, was expressed as percent change from baseline. Percutaneous arterial oxygen saturation (SpO2, oxygen uptake (VO2, and ventilation (VE were measured continuously. In both groups, there was significantly greater muscle deoxygenation, lower SpO2, lower peakVO2, and higher peakVE during supramaximal exercise under hypoxia than under normoxia, but no differences in peak and mean power output during the exercise. Under hypoxia, the athletic group experienced significantly greater muscle deoxygenation, lower SpO2, greater decrement in peakVO2 and increment in peakVE during the exercise than the untrained group. When the athletic and untrained groups were pooled, the increment of muscle deoxygenation was strongly correlated with lowest SpO2 in the 30 s Wingate test under hypoxia. These results suggest that acute exposure to hypoxia causes a greater degree of peripheral muscle deoxygenation during supramaximal exercise, especially in sprint athletes, and this physiological response would be explained mainly by lower arterial oxygen saturation

  13. Prediction of the course of acute odontogenic pathology with pronounced osteomyelitis by immunoglobulin and cytokin evaluation

    Directory of Open Access Journals (Sweden)

    A. I. Yaremenko

    2013-01-01

    Full Text Available The aim of our trial was detection of the most significant clinico-laboratory factors in the saliva and blood samples of the patients with odontogenic osteomyelitis in order to predict severity of the clinical course of osteomyelitis and to choose the optimal treatment tactics.

  14. Salience Theory of Judicial Decisions

    OpenAIRE

    Pedro Bordalo; Nicola Gennaioli; Andrei Shleifer

    2015-01-01

    We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions...

  15. Pronounced reversible hyperammonemic encephalopathy associated with combined valproate-topiramate therapy in a 7-year-old girl.

    Science.gov (United States)

    Weise, Sebastian; Syrbe, Steffen; Preuss, Matthias; Bertsche, Astrid; Merkenschlager, Andreas; Bernhard, Matthias K

    2015-01-01

    Valproate is one of the most frequently used anticonvulsive drugs in children and adults. Valproate is a generally well tolerated medication. However, encephalopathy with or without hyperammonemia is one of its rare adverse events. We present a 7-year-old girl who suffered from epilepsy with generalized tonic-clonic seizures and absence epilepsy. She was initially treated with topiramate. Methylprednisolone pulse therapy and long-term therapy with valproate were initiated due to an increase of seizure frequency. At day 5 of therapy, a further increase of seizure frequency was observed followed by lethargy and somnolence. Liver enzymes remained within normal range, but ammonia serum levels increased to a maximum of 544 mmol/l. Discontinuing valproate and starting potassium-benzoate and sodium-phenylbutyrate improved the clinical condition and ammonia serum levels. Haemodialysis was not required. Cranial magnetic resonance imaging ruled out brain edema. The patient was further on successfully treated with a combination of both, topiramate and levetiracetam. Seizures did not recur and development was normal until now (3 years later). To the best of our knowledge, we observed the highest ammonia serum levels ever reported in valproate-induced hyperammonemia with a complete remission of the subsequent encephalopathy. Topiramate might increase the risk of valproate-induced encephalopathy by carbonic anhydrase inhibition.

  16. parity assignment of the pronounced structure in the radiative capture of neutrons by 238U below 100 keV

    International Nuclear Information System (INIS)

    Moore, M.S.; Corvi, F.; Mewissen, L.; Poortmans, F.

    1981-01-01

    Some years ago, Perez and de Saussure reported evidence for intermediate structure in the radiative capture cross sections of 238 U. More recently, these and additional data, obtained by a different experimental technique but which showed the same non-statistical behavior, were analyzed by Perez et al. Under the assumption that the structure could be attributed to doorway states in the p/sup 3/2/ neutron channel. The results of an experimental determination of the parity of the structure, using neutron capture-gamma ray spectroscopy are reported. Much of the structure below 50 keV appears to be due to s-wave interactions. The magnitude of the fluctuations is much larger than can be calculated with the usual unresolved - resonance treatment unless the average neutron and radiative-capture widths are correlated. It is shown that such an apparent correlation can arise as a result of multiple-scattering enhancement of radiative capture in the samples used, and it is concluded that the evidence for intermediate structure in the capture of neutrons by 238 U is not yet firmly established

  17. Pronounced Structural and Functional Damage in Early Adult Pediatric-Onset Multiple Sclerosis with No or Minimal Clinical Disability

    Directory of Open Access Journals (Sweden)

    Antonio Giorgio

    2017-11-01

    Full Text Available Pediatric-onset multiple sclerosis (POMS may represent a model of vulnerability to damage occurring during a period of active maturation of the human brain. Whereas adaptive mechanisms seem to take place in the POMS brain in the short-medium term, natural history studies have shown that these patients reach irreversible disability, despite slower progression, at a significantly younger age than adult-onset MS (AOMS patients. We tested for the first time whether significant brain alterations already occurred in POMS patients in their early adulthood and with no or minimal disability (n = 15 in comparison with age- and disability-matched AOMS patients (n = 14 and to normal controls (NC, n = 20. We used a multimodal MRI approach by modeling, using FSL, voxelwise measures of microstructural integrity of white matter tracts and gray matter volumes with those of intra- and internetwork functional connectivity (FC (analysis of variance, p ≤ 0.01, corrected for multiple comparisons across space. POMS patients showed, when compared with both NC and AOMS patients, altered measures of diffusion tensor imaging (reduced fractional anisotropy and/or increased diffusivities and higher probability of lesion occurrence in a clinically eloquent region for physical disability such as the posterior corona radiata. In addition, POMS patients showed, compared with the other two groups, reduced long-range FC, assessed from resting functional MRI, between default mode network and secondary visual network, whose interaction subserves important cognitive functions such as spatial attention and visual learning. Overall, this pattern of structural damage and brain connectivity disruption in early adult POMS patients with no or minimal clinical disability might explain their unfavorable clinical outcome in the long term.

  18. More pronounced effect of acute exercise-induced increase in circulating inflammatory markers in obese compared to lean subjects

    DEFF Research Database (Denmark)

    Christiansen, Tore; Paulsen, Søren Kildeberg; Bruun, Jens Meldgaard

    2010-01-01

    in circulation, and on gene expression on these infammatory marker in skeletal muscle (SM) and adipose tissue (AT) biopsies. Material and Methods: 15 lean males and females (BMI 22.4±2 kg/m2) and 16 obese males and females (BMI 31.6±3 kg/m2) exercised for 120 minutes by ergometer bicycling at moderate intensity......Objective: Exercise modulates the immune system and in young males acute exercise has been found associated with increased systemic level of infam-matory markers such as IL-6 and IL-8. In this study we investigated the impact of obesity on the exercise induced release of infammatory markers...... (55-60% of maximal heart rate). Blood samples were obtained at baseline (T0), after 60 minutes of bicycling (T=60), after 120 minutes of bicycling (T=120), whereas biopsies from AT and SM were obtained at T0 and T120. Results: Divided into weight-status, plasma levels of IL-8 and TNFα were at T=120...

  19. First time evidence of pronounced plateaus right above the Coulomb barrier in 8Li + 4He fusion

    Directory of Open Access Journals (Sweden)

    A. Del Zoppo

    2016-02-01

    Full Text Available We investigate unprecedented experimental information on the fusion reaction induced by the radioactive projectile 8Li on a 4He gas target, at center-of-mass energies between 0.6 and 5 MeV. The main issue is the tendency of the dimensionless fusion cross section σfπƛ2 to form well visible plateaus alternated to steep rises. This finding is likely to be the most genuine consequence of the discrete nature of the intervening angular momenta observed so far in fusion reactions right above the Coulomb barrier. A partial-wave analysis, exclusively based on a pure quantal penetration fusion model and sensitive to the interaction potential, identifies a remarkably low-height barrier.

  20. Low uric acid level increases the risk of infectious mononucleosis and this effect is more pronounced in women

    Science.gov (United States)

    Zhang, Li; Zhou, Pingping; Meng, Zhaowei; Gong, Lu; Pang, Chongjie; Li, Xue; Jia, Qiang; Tan, Jian; Liu, Na; Hu, Tianpeng; Zhang, Qing; Jia, Qiyu; Song, Kun

    2017-01-01

    Infectious mononucleosis (IM) due to Epstein-Barr virus infection is common. Uric acid (UA) is an important endogenous antioxidant. To the best of our knowledge, the association between UA and IM has not been comprehensively investigated to date. The aim of the present study was to investigate this association in Chinese patients. A total of 95 patients (47 men and 48 women) with IM were recruited, along with 95 healthy controls. Clinical data were classified by patient sex. Receiver operating characteristic (ROC) curve analysis was adopted to determine the cut-off values of UA for IM diagnosis and prediction. Crude and adjusted odds ratios (ORs) of UA for IM were analyzed by binary logistic regression. The UA levels were significantly lower in IM patients compared with those in controls. In addition, UA levels in men were significantly higher compared with those in women. The ROC curve demonstrated good diagnostic and predictive values of UA for IM in both sexes. The UA cut-off values were 326.00 and 243.50 µmol/l for diagnosing IM in men and women, respectively, with a diagnostic accuracy of 76.596 and 80.208%, respectively. Binary logistic regression analysis revealed a significant risk of IM in the low UA quartiles in both sexes. Following adjustments, the ORs even increased. Women with low UA levels appeared to be more susceptible to IM. For example, the crude ORs in quartile 1 were 24.000 and 52.500 for men and women, respectively, and the respective adjusted ORs were 31.437 and 301.746 (all P<0.01). To the best of our knowledge, the present study is the first to demonstrate the inverse association between UA and IM, suggesting a progressive decrease of antioxidant reserve in IM. Moreover, low UA was suggestive of IM, particularly in women. PMID:29285370

  1. Pronounced gradients of light, photosynthesis and O2 consumption in the tissue of the brown alga Fucus serratus.

    Science.gov (United States)

    Lichtenberg, Mads; Kühl, Michael

    2015-08-01

    Macroalgae live in an ever-changing light environment affected by wave motion, self-shading and light-scattering effects, and on the thallus scale, gradients of light and chemical parameters influence algal photosynthesis. However, the thallus microenvironment and internal gradients remain underexplored. In this study, microsensors were used to quantify gradients of light, O2 concentration, variable chlorophyll fluorescence, photosynthesis and O2 consumption as a function of irradiance in the cortex and medulla layers of Fucus serratus. The two cortex layers showed more efficient light utilization compared to the medulla, calculated both from electron transport rates through photosystem II and from photosynthesis-irradiance curves. At moderate irradiance, the upper cortex exhibited onset of photosynthetic saturation, whereas lower thallus layers exhibited net O2 consumption. O2 consumption rates in light varied with depth and irradiance and were more than two-fold higher than dark respiration. We show that the thallus microenvironment of F. serratus exhibits a highly stratified balance of production and consumption of O2 , and when the frond was held in a fixed position, high incident irradiance levels on the upper cortex did not saturate photosynthesis in the lower thallus layers. We discuss possible photoadaptive responses and consequences for optimizing photosynthetic activity on the basis of vertical differences in light attenuation coefficients. © 2015 The Authors. New Phytologist © 2015 New Phytologist Trust.

  2. Chronic depression is associated with a pronounced decrease in serum brain-derived neurotrophic factor over time

    NARCIS (Netherlands)

    Bus, B.A.A.; Molendijk, M.L.; Tendolkar, I.; Penninx, B.W.J.H.; Prickaerts, J.; Elzinga, B.M.; Voshaar, R.C.O.

    2015-01-01

    One of the leading neurobiological hypotheses on depression states that decreased expression of brain-derived neurotrophic factor (BDNF) contributes to depression. This is supported by consistent findings of low serum BDNF levels in depressed patients compared with non-depressed controls. Whereas it

  3. Pronounced between-subject and circadian variability in thymidylate synthase and dihydropyrimidine dehydrogenase enzyme activity in human volunteers

    NARCIS (Netherlands)

    Jacobs, Bart A W; Deenen, Maarten J; Pluim, Dick; van Hasselt, J G Coen; Krähenbühl, Martin D; van Geel, Robin M J M; de Vries, Niels; Rosing, Hilde; Meulendijks, Didier; Burylo, Artur M; Cats, Annemieke; Beijnen, Jos H; Huitema, Alwin D R; Schellens, Jan H M

    AIMS: The enzymatic activity of dihydropyrimidine dehydrogenase (DPD) and thymidylate synthase (TS) are important for the tolerability and efficacy of the fluoropyrimidine drugs. In the present study, we explored between-subject variability (BSV) and circadian rhythmicity in DPD and TS activity in

  4. Purine Restriction Induces Pronounced Translational Upregulation of the NT1 Adenosine/Pyrimidine Nucleoside Transporter in Leishmania major

    OpenAIRE

    Ortiz, Diana; Valdés, Raquel; Sanchez, Marco A.; Hayenga, Johanna; Elya, Carolyn; Detke, Siegfried; Landfear, Scott M.

    2010-01-01

    Leishmania and other parasitic protozoa are unable to synthesize purines de novo and are reliant upon purine nucleoside and nucleobase transporters to import preformed purines from their hosts. To study the roles of the four purine permeases NT1-NT4 in Leishmania major, null mutants in each transporter gene were prepared and the effect of each gene deletion on purine uptake was monitored. Deletion of the NT3 purine nucleobase transporter gene or both NT3 and the NT2 nucleoside transporter gen...

  5. Can epigenetic control explain pronounced within plant heterogeneity of meiosis in a translocation trisome of Secale L.?

    NARCIS (Netherlands)

    Sybenga, J.

    2012-01-01

    Meiotic metaphase I configuration frequencies were determined in different tillers of genetically related plants of rye (Secale cereale L.) heterozygous for reciprocal translocation T248W (between chromosome arms 1RS and 6RS) and with an additional (telocentric) arm 1RS. Seventeen different

  6. Pronounced anomalies of air, water, ice conditions in the Barents and Kara Seas, and the Sea of Azov

    Directory of Open Access Journals (Sweden)

    Gennady G. Matishov

    2014-06-01

    Full Text Available This paper analyses the anomalous hydrometeorological situation that occurred at the beginning of 2012 in the seas of the Russian Arctic and Russian South. Atmospheric blocking in the temperate zone and the extension of the Siberian High to the Iberian Peninsula (known as the Voeikov et al. axis led to a positive anomaly of air and water temperatures and a decrease in the ice extent in the Barents and Kara Seas. At the same time a prolonged negative air temperature anomaly was recorded in central and southern Europe and led to anomalously severe ice conditions in the Sea of Azov. Winter hydrographic conditions in the Barents and Kara Seas are illustrated by a unique set of observations made using expendable bathythermosalinographs (XCTD.

  7. Pronounced cellular uptake of pirarubicin versus that of other anthracyclines: comparison of HPMA copolymer conjugates of pirarubicin and doxorubicin

    Czech Academy of Sciences Publication Activity Database

    Nakamura, H.; Koziolová, Eva; Chytil, Petr; Tsukigawa, K.; Fang, J.; Haratake, M.; Ulbrich, Karel; Etrych, Tomáš; Maeda, H.

    2016-01-01

    Roč. 13, č. 12 (2016), s. 4106-4115 ISSN 1543-8384 R&D Projects: GA ČR(CZ) GA15-02986S; GA MŠk(CZ) LO1507; GA MŠk(CZ) ED1.1.00/02.0109 Grant - others:AV ČR,Japan Society for the Promotion of Science(CZ) JSPS-16-05 Program:Bilaterální spolupráce Institutional support: RVO:61389013 Keywords : HPMA polymer conjugate * pirarubicin (THP) * doxorubicin (DOX) Subject RIV: CD - Macromolecular Chemistry Impact factor: 4.440, year: 2016

  8. Pronounced Environmental Effects on Injection Currents in EGaIn Tunneling Junctions Comprising Self-Assembled Monolayers.

    Science.gov (United States)

    Carlotti, Marco; Degen, Maarten; Zhang, Yanxi; Chiechi, Ryan C

    2016-09-15

    Large-area tunneling junctions using eutectic Ga-In (EGaIn) as a top contact have proven to be a robust, reproducible, and technologically relevant platform for molecular electronics. Thus far, the majority of studies have focused on saturated molecules with backbones consisting mainly of alkanes in which the frontier orbitals are either highly localized or energetically inaccessible. We show that self-assembled monolayers of wire-like oligophenyleneethynylenes (OPEs), which are fully conjugated, only exhibit length-dependent tunneling behavior in a low-O 2 environment. We attribute this unexpected behavior to the sensitivity of injection current on environment. We conclude that, contrary to previous reports, the self-limiting layer of Ga 2 O 3 strongly influences transport properties and that the effect is related to the wetting behavior of the electrode. This result sheds light on the nature of the electrode-molecule interface and suggests that adhesive forces play a significant role in tunneling charge-transport in large-area molecular junctions.

  9. Pronounced lipoatrophy in HIV-infected men receiving HAART for more than 6 years compared with the background population

    DEFF Research Database (Denmark)

    Hansen, AB; Lindegaard, B; Obel, N

    2006-01-01

    OBJECTIVES: To establish the prevalence and quantify the severity of body fat redistribution and dyslipidaemia in HIV-infected men after long-term highly active antiretroviral therapy (HAART) compared with the background population. METHODS: In a cross-sectional study, we included 87 HIV......-infected men who had received HAART for at least 6 years and 34 HIV-negative men. Regional body composition was assessed using dual-energy X-ray absorptiometry. Fasting metabolic parameters were obtained. Associations between regional body fat distribution and metabolic parameters were evaluated. RESULTS: HIV......-infected patients and controls did not differ with regard to height and lean body mass. Compared with controls, HIV-infected men had reduced total fat mass (median 12.3 versus 19.2 kg, P

  10. Pronounced Phenotypic Changes in Transgenic Tobacco Plants Overexpressing Sucrose Synthase May Reveal a Novel Sugar Signaling Pathway

    Science.gov (United States)

    Nguyen, Quynh Anh; Luan, Sheng; Wi, Seung G.; Bae, Hanhong; Lee, Dae-Seok; Bae, Hyeun-Jong

    2016-01-01

    Soluble sugars not only serve as nutrients, but also act as signals for plant growth and development, but how sugar signals are perceived and translated into physiological responses in plants remains unclear. We manipulated sugar levels in transgenic plants by overexpressing sucrose synthase (SuSy), which is a key enzyme believed to have reversible sucrose synthesis and sucrose degradation functions. The ectopically expressed SuSy protein exhibited sucrose-degrading activity, which may change the flux of sucrose demand from photosynthetic to non-photosynthetic cells, and trigger an unknown sucrose signaling pathway that lead to increased sucrose content in the transgenic plants. An experiment on the transition from heterotrophic to autotrophic growth demonstrated the existence of a novel sucrose signaling pathway, which stimulated photosynthesis, and enhanced photosynthetic synthesis of sucrose, which was the direct cause or the sucrose increase. In addition, a light/dark time treatment experiment, using different day length ranges for photosynthesis/respiration showed the carbohydrate pattern within a 24-h day and consolidated the role of sucrose signaling pathway as a way to maintain sucrose demand, and indicated the relationships between increased sucrose and upregulation of genes controlling development of the shoot apical meristem (SAM). As a result, transgenic plants featured a higher biomass and a shorter time required to switch to reproduction compared to those of control plants, indicating altered phylotaxis and more rapid advancement of developmental stages in the transgenic plants. PMID:26793204

  11. Pronounced low-frequency vibrational thermal transport in C60 fullerite realized through pressure-dependent molecular dynamics simulations

    Science.gov (United States)

    Giri, Ashutosh; Hopkins, Patrick E.

    2017-12-01

    Fullerene condensed-matter solids can possess thermal conductivities below their minimum glassy limit while theorized to be stiffer than diamond when crystallized under pressure. These seemingly disparate extremes in thermal and mechanical properties raise questions into the pressure dependence on the thermal conductivity of C60 fullerite crystals, and how the spectral contributions to vibrational thermal conductivity changes under applied pressure. To answer these questions, we investigate the effect of strain on the thermal conductivity of C60 fullerite crystals via pressure-dependent molecular dynamics simulations under the Green-Kubo formalism. We show that the thermal conductivity increases rapidly with compressive strain, which demonstrates a power-law relationship similar to their stress-strain relationship for the C60 crystals. Calculations of the density of states for the crystals under compressive strains reveal that the librational modes characteristic in the unstrained case are diminished due to densification of the molecular crystal. Over a large compression range (0-20 GPa), the Leibfried-Schlömann equation is shown to adequately describe the pressure dependence of thermal conductivity, suggesting that low-frequency intermolecular vibrations dictate heat flow in the C60 crystals. A spectral decomposition of the thermal conductivity supports this hypothesis.

  12. Tracing salmon-derived nutrients and contaminants in freshwater food webs across a pronounced spawner density gradient.

    Science.gov (United States)

    Gregory-Eaves, Irene; Demers, J Marc J; Kimpe, Lynda; Krümmel, Eva M; Macdonald, Robie W; Finney, Bruce P; Blais, Jules M

    2007-06-01

    Many have demonstrated that anadromous Pacific salmon are significant vectors of nutrients from the ocean to freshwaters. Recently. however, it has been recognized that salmon spawners also input significant quantities of contaminants. The objectives of this paper are to delineate the extent to which salmon-derived nutrients are integrated into the freshwater food web using delta(15)N and delta(13)C and to assess the influence of the salmon pathway in the accumulation of contaminants in rainbow trout (Oncorhynchus mykiss). We found that the delta(15)N and delta(13)C of food web components were related positively and significantly to sockeye salmon (Oncorhynchus nerka) spawner density. Contaminant concentrations in rainbow trout also positively and significantly were related to sockeye salmon spawner density. These data suggest that the anadromous salmon nutrient and contaminant pathways are related and significantly impact the contaminant burden of resident fish.

  13. Size-controllable synthesis of hierarchical copper carbodiimide microcrystals and their pronounced photoelectric response under visible light

    Energy Technology Data Exchange (ETDEWEB)

    Liu, Qihui [School of Materials Science and Engineering, Shanghai Institute of Technology, Shanghai 201418 (China); Liu, Yufeng, E-mail: yfliu@mail.sitp.ac.cn [School of Materials Science and Engineering, Shanghai Institute of Technology, Shanghai 201418 (China); Dai, Guozhang [Hunan Key Laboratory for Super-microstructure and Ultrafast Process, School of Physics and Electronics, Central South University, Changsha, Hunan 410083 (China); Tian, Li [College of Electrical and Information Engineering, Hunan Institute of Engineering, Xiangtan 411101 (China); Xu, Jiayue; Zhao, Guoying; Zhang, Na; Fang, Yongzheng [School of Materials Science and Engineering, Shanghai Institute of Technology, Shanghai 201418 (China)

    2015-12-01

    Graphical abstract: - Highlights: • A controllably aqueous method was presented to synthesize two types of CuNCN microcrystals (MCs) at room temperature. • The size and nanostructure can be tuned via controlling the ratio of [NH{sub 3}]/[Cu{sup +}]. • Moreover, prounounced photoelectric response of the as-prepared CuNCN was observed for the first time under the irradiation of visible light at room temperature. • The aqueous synthetic route can provide an inspiration to acquire the other metal carbodiimides nano/microcrystals without the aid of reducing agents. - Abstract: Similar to cupric oxides and sulfides, the nitrogen-containing analogue copper carbodiimide (CuNCN) is considered as a potentially promising photoelectric material. However, there is lack of fundamental investigations on controllable synthesis and photoelectric properties of CuNCN nano/microcrystals. Herein, a facile method was developed to synthesize high-quality CuNCN semiconductor microcrystals with different sizes and hierarchical nanostructures at room temperature. This reaction was carried out in aqueous solutions, avoiding the involvement of non-aqueous solutions and high temperature solid phase reaction during the synthesis of CuNCN microcrystals. Photoelectric response of as-prepared CuNCN microcrystals was first observed under the irradiation of visible light at room temperature. The aqueous synthetic route can also provide an inspiration to acquire other metal carbodiimides nano/microcrystals.

  14. Seizure-induced damage to substantia nigra and globus pallidus is accompanied by pronounced intra- and extracellular acidosis

    International Nuclear Information System (INIS)

    Inamura, K.; Smith, M.L.; Hansen, A.J.; Siesjoe, B.K.

    1989-01-01

    Status epilepticus of greater than 30-min duration in rats gives rise to a conspicuous lesion in the substantia nigra pars reticulata (SNPR) and globus pallidus (GP). The objective of the present study was to explore whether the lesion, which encompasses necrosis of both neurons and glial cells, is related to intra- and extracellular acidosis. Using the flurothyl model previously described to produce seizures, we assessed regional pH values with the autoradiographic 5,5-dimethyl[2-14C]oxazolidine-2,4-dione technique. Regional pH values were assessed in animals with continuous seizures for 20 and 60 min, as well as in those allowed to recover for 30 and 120 min after seizure periods of 20 or 60 min. In additional animals, changes in extracellular fluid pH (pHe) were measured with ion-selective microelectrodes, and extracellular fluid (ECF) volume was calculated from the diffusion profile for electrophoretically administered tetramethylammonium. In structures such as the neocortex and the hippocampus, which show intense metabolic activation during seizures, status epilepticus of 20- and 60-min duration was accompanied by a reduction of the composite tissue pH (pHt) of 0.2-0.3 unit. Recovery of pHt was observed upon termination of seizures. In SNPR and in GP, the acidosis was marked to excessive after 20 and 60 min of seizures (delta pHt approximately 0.6 after 60 min)

  15. Terrorist Threats and Judicial Deference

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2014-01-01

    The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review.......The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review....

  16. Judicial Review and Political Partisanship

    DEFF Research Database (Denmark)

    Garoupaa, Nuno; Grembi, Veronica

    2015-01-01

    Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases...... of substantive judicial review (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor...... of judicial decision making under majoritarian than consensual model of democracy....

  17. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU......) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...

  18. The Limits of Judicial Persuasion and the Fragility of Judicial Legitimacy

    OpenAIRE

    Egan, Patrick J; Citrin, Jack

    2011-01-01

    Experimental research has yielded findings that are largely optimistic about the Court’s powers to move public attitudes. But left largely unexplored is whether the Court’s pronouncements simultaneously cause the Court to lose support among those who disagree with it. Here we explore these questions using a two-wave survey experiment with a nationally representative sample of Americans. We find that learning of the Court’s rulings moves opinion toward the Court in an unmistakable fashion in o...

  19. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

    Full Text Available The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.

  20. Selected Regional Judicial Officer Cases, 2005 - Present

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains selected cases involving EPA's Regional Judicial Officers (RJOs) from 2005 to present. EPA's Regional Judicial Officers (RJOs) perform...

  1. 40 CFR 179.125 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the order...

  2. 42 CFR 423.1976 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.1976 Section 423.1976 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request judicial...

  3. 28 CFR 71.42 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review. ...

  4. 50 CFR 296.15 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...

  5. 40 CFR 178.65 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within the...

  6. 44 CFR 62.22 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...

  7. Review of Judicial Reforms in Bhutan

    OpenAIRE

    Dubgyur, Lungten

    2004-01-01

    This essay highlights the anomalies of judicial reforms in Bhutan. It presents a historical perspective of Bhutanese judicial reforms and addresses recent developments. It discusses court performance and experiences and approaches adopted in making the courts efficient. Much of the reform initiatives emanate from the throne. His Majesty the King has always advocated an efficient judicial system for the Kingdom. In obedience to the Royal Commands, the judicial system and judicial process in Bh...

  8. Judicial review of administrative silence

    Directory of Open Access Journals (Sweden)

    Radošević Ratko S.

    2015-01-01

    Full Text Available Administrative silence is a situation in which the competent authority, within the statutory deadline, has not issued an administrative act at the request of the party. In the case of administrative silence, given the fact that the citizens are unable to protect their rights and legal interests without an administrative act, they are provided with legal protection. In this case, the same legal relationship is created, directly on the basis of the statute, as in the situation in which the party's request is rejected. This means that the party may, under the conditions prescribed by the statute, initiate the procedure of judicial review of administrative silence. In the paper, the author explains the conditions under which the judicial review of administrative silence can be initiated and the role of the court in this judicial procedure.

  9. Eye on the Judicial Process.

    Science.gov (United States)

    Shea, Christopher

    1994-01-01

    A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)

  10. Legislative and Judicial Information Systems.

    Science.gov (United States)

    Becker, Louise Giovane

    1983-01-01

    Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…

  11. 31 CFR 16.42 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the...

  12. 14 CFR 1250.110 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1250.110 Section 1250.110... PROGRAMS OF NASA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1250.110 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603...

  13. 47 CFR 1.1529 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...

  14. 42 CFR 414.920 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 414.920 Section 414.920 Public... Under Part B § 414.920 Judicial review. The following areas under the CAP are not subject to administrative or judicial review: (a) The establishment of payment amounts. (b) The awarding of vendor contracts...

  15. 14 CFR 1262.309 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... the determination to the court of the United States having jurisdiction to review the merits of the...

  16. 31 CFR 27.8 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...

  17. 17 CFR 201.58 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 201.58 Section 201.58 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES OF PRACTICE Regulations Pertaining to the Equal Access to Justice Act § 201.58 Judicial review. Judicial review of final...

  18. 43 CFR 17.10 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act. [29 FR 16293, Dec. 4, 1964] ...

  19. 43 CFR 35.42 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties or...

  20. 14 CFR 1264.141 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head...

  1. 31 CFR 28.630 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U...

  2. 43 CFR 27.12 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...

  3. 31 CFR 6.16 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...

  4. 42 CFR 423.2136 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections 1876(c...

  5. 42 CFR 422.612 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 422.612 Section 422.612 Public... Judicial review. (a) Review of ALJ's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's decision if— (1) The Board denied the party...

  6. 45 CFR 1703.601 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person may...

  7. 49 CFR 1016.310 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... Judicial review. Judicial review of final Board decisions on awards may be sought as provided in 5 U.S.C...

  8. 40 CFR 180.30 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the...

  9. 31 CFR 92.18 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 92.18 Section 92.18... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...

  10. 20 CFR 405.501 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...

  11. 45 CFR 1203.11 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...

  12. 6 CFR 13.42 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate...

  13. Judicial aspects in risk assessment

    International Nuclear Information System (INIS)

    Lukes, R.

    1977-01-01

    Decisions of administrative authorities concerning the permission to use fissile material contain a prognosis about the probability of damage which may be caused by using this material. The judicial criteria used in order to determine the probability of such a damage occurring can be improved by risk analysis. This will not, of course, reduce administrative decisions to simple 'yes-or-no decisions', but the calculation of probabilities will gain more exactness. (orig.) [de

  14. Kewenangan Judicial Review Mahkamah Konstitusi

    OpenAIRE

    Qamar, Nurul

    2012-01-01

    The Doctrine of Judicial Review as a legal order to perform the reviewand or re-testing of the laws and regulations within the meaning of the WetGrondwet (testing constitutionalism), the constitution or the constitution bythe Constitutional Court even though relatively new in the state system, buthas grown and developed rapidly both in countries of the Common Law Systemas well as adherents of the countries adherents Civil Law System, even in countries adherents Law Mixed System that claims hi...

  15. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

    Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

  16. Primary clear cell renal carcinoma cells display minimal mitochondrial respiratory capacity resulting in pronounced sensitivity to glycolytic inhibition by 3-Bromopyruvate.

    Science.gov (United States)

    Nilsson, H; Lindgren, D; Mandahl Forsberg, A; Mulder, H; Axelson, H; Johansson, M E

    2015-01-08

    Changes of cellular metabolism are an integral property of the malignant potential of most cancer cells. Already in the 1930s, Otto Warburg observed that tumor cells preferably utilize glycolysis and lactate fermentation for energy production, rather than the mitochondrial oxidative phosphorylation dominating in normal cells, a phenomenon today known as the Warburg effect. Even though many tumor types display a high degree of aerobic glycolysis, they still retain the activity of other energy-producing metabolic pathways. One exception seems to be the clear cell variant of renal cell carcinoma, ccRCC, where the activity of most other pathways than that of glycolysis has been shown to be reduced. This makes ccRCC a promising candidate for the use of glycolytic inhibitors in treatment of the disease. However, few studies have so far addressed this issue. In this report, we show a strikingly reduced mitochondrial respiratory capacity of primary human ccRCC cells, resulting in enhanced sensitivity to glycolytic inhibition by 3-Bromopyruvate (3BrPA). This effect was largely absent in established ccRCC cell lines, a finding that highlights the importance of using biologically relevant models in the search for new candidate cancer therapies. 3BrPA markedly reduced ATP production in primary ccRCC cells, followed by cell death. Our data suggest that glycolytic inhibitors such as 3BrPA, that has been shown to be well tolerated in vivo, should be further analyzed for the possible development of selective treatment strategies for patients with ccRCC.

  17. Metabolic evidence of vitamin B-12 deficiency, including high homocysteine and methylmalonic acid and low holotranscobalamin, is more pronounced in older adults with elevated plasma folate

    Science.gov (United States)

    Background: An analysis of data from the National Health and Nutrition Examination Survey indicated that in older adults exposed to folic acid fortification, the combination of low serum vitamin B-12 and elevated folate is associated with higher concentrations of homocysteine and methylmalonic acid ...

  18. Pronounced limb and fibre type differences in subcellular lipid droplet content and distribution in elite skiers before and after exhaustive exercise

    DEFF Research Database (Denmark)

    Koh, Han-Chow E; Nielsen, Joachim; Saltin, Bengt

    2017-01-01

    Although the intramyocellular lipid pool is an important energy store during prolonged exercise, our knowledge concerning its metabolism is still incomplete. Here, quantitative electron microscopy was used to examine subcellular distribution of lipid droplets in type 1 and 2 fibres of the arm...

  19. Between-year variability in the mixing of North Sea herring spawning components leads to pronounced variation in the composition of the catch

    DEFF Research Database (Denmark)

    Bierman, Stijn M.; Dickey-Collas, Mark; van Damme, Cindy J.G.

    2010-01-01

    North Sea herring (Clupea harengus) are managed as a single stock, but maintaining a diversity of spawning components is considered important. However, the total catch from each of these components cannot be estimated easily because the components mix during the summer feeding season. The spawning......-at-age between spawning components, in particular of the 2000 year class, may have caused the observed between-year changes in mixing of components. Our results indicate that estimates of compositions change when assumptions of perfect spatial mixing and perfect classification are relaxed, and can be uncertain...

  20. Body temperatures of hibernating little brown bats reveal pronounced behavioural activity during deep torpor and suggest a fever response during white-nose syndrome.

    Science.gov (United States)

    Mayberry, Heather W; McGuire, Liam P; Willis, Craig K R

    2018-03-01

    Hibernating animals use torpor [reduced body temperature (T b ) and metabolic rate] to reduce energy expenditure during winter. Periodic arousals to normal T b are energetically expensive, so hibernators trade off arousal benefits against energetic costs. This is especially important for bats with white-nose syndrome (WNS), a fungal disease causing increased arousal frequency. Little brown bats (Myotis lucifugus) with WNS show upregulation of endogenous pyrogens and sickness behaviour. Therefore, we hypothesized that WNS should cause a fever response characterized by elevated T b . Hibernators could also accrue some benefits of arousals with minimal T b increase, thus avoiding full arousal costs. We compared skin temperature (T sk ) of captive Myotis lucifugus inoculated with the WNS-causing fungus to T sk of sham-inoculated controls. Infected bats re-warmed to higher T sk during arousals which is consistent with a fever response. Torpid T sk did not differ. During what we term "cold arousals", bats exhibited movement following T sk increases of only 2.2 ± 0.3 °C, compared to >20 °C increases during normal arousals. Cold arousals occurred in both infected and control bats, suggesting they are not a pathophysiological consequence of WNS. Fever responses are energetically costly and could exacerbate energy limitation and premature fat depletion for bats with WNS. Cold arousals could represent an energy-saving mechanism for both healthy and WNS-affected bats when complete arousals are unnecessary or too costly. A few cold arousals were observed mid-hibernation, typically in response to disturbances. Cold arousals may, therefore, represent a voluntary restriction of arousal temperature instead of loss of thermoregulatory control.

  1. Pronounced occurrence of long-chain alkenones and dinosterol in a 25,000-year lipid molecular fossil record from Lake Titicaca, South America

    Science.gov (United States)

    Theissen, Kevin M.; Zinniker, David A.; Moldowan, J. Michael; Dunbar, Robert B.; Rowe, Harold D.

    2005-02-01

    Our analysis of lipid molecular fossils from a Lake Titicaca (16° S, 69° W) sediment core reveals distinct changes in the ecology of the lake over an ˜25,000-yr period spanning latest Pleistocene to late Holocene time. Previous investigations have shown that over this time period Lake Titicaca was subject to large changes in lake level in response to regional climatic variability. Our results indicate that lake algal populations were greatly affected by the changing physical and chemical conditions in Lake Titicaca. Hydrocarbons are characterized by a combination of odd-numbered, mid- to long-chain (C 21-C 31) normal alkanes and alkenes. During periods when lake level was higher (latest Pleistocene, early Holocene, and late Holocene), the C 21n-alkane, and the C 25 and C 27 alkenes dominate hydrocarbon distributions and indicate contribution from an algal source, potentially the freshwater alga Botryococcus braunii. The C 30 4 α-methyl sterol (dinosterol) increases sharply during the mid-Holocene, suggesting a greatly increased dinoflagellate presence at that time. Long-chain alkenones (LCAs) become significant during the early Holocene and are highly abundant in mid-Holocene samples. There are relatively few published records of LCA detection in lake sediments but their occurrence is geographically widespread (Antarctica, Asia, Europe, North America). Lake Titicaca represents the first South American lake and the first low-latitude lake in which LCAs have been reported. LCA abundance and distribution may be related to the temperature-dependent response of an unidentified algal precursor. Although the LCA unsaturation indices cannot be used to determine absolute Lake Titicaca temperatures, we suspect that the published LCA U37K unsaturation calibrations can be applied to infer relative temperatures for early to mid-Holocene time when LCA concentrations are high. Using these criteria, the U37K unsaturation indices suggest relatively warmer temperatures in the mid-Holocene. In contrast to previous speculation, lipid analysis provides little evidence of a greatly increased presence of aquatic plants during the mid-Holocene. Instead, it appears that a few algal species were dominant in the lake. Based on the dramatic rise in abundances of LCAs and dinosterol during the early to mid-Holocene, we suspect that the algal producers of these compounds rose in response to a combination of physical and chemical changes in the lake. These include temperature, salinity, and alkalinity changes that occurred as lake level dropped sharply during a multi-millennial drought affecting the Central Andean Altiplano.

  2. PCNA is recruited to irradiated chromatin in late S-phase and is most pronounced in G2 phase of the cell cycle

    Czech Academy of Sciences Publication Activity Database

    Bártová, Eva; Suchánková, Jana; Legartová, Soňa; Malyšková, Barbora; Hornacek, M.; Skalníková, M.; Mašata, M.; Raška, I.; Kozubek, Stanislav

    2017-01-01

    Roč. 254, č. 5 (2017), s. 2035-2043 ISSN 0033-183X R&D Projects: GA ČR GBP302/12/G157; GA MŠk 7F14369 Institutional support: RVO:68081707 Keywords : nuclear antigen pcna * excision dna-repair * homologous recombination * replication Subject RIV: EB - Genetics ; Molecular Biology OBOR OECD: Biochemistry and molecular biology Impact factor: 2.870, year: 2016

  3. Beneficial Treatment Management with Trifluridine/Tipiracil in a Patient with Metastatic Colorectal Cancer and Pronounced Hematological Event History during Previous Treatments

    Directory of Open Access Journals (Sweden)

    Volker Kaechele

    2018-01-01

    Full Text Available Trifluridine/tipiracil (FTD/TPI significantly improves overall survival in patients with metastatic colorectal cancer (mCRC. The most common treatment-related event (grade ≥3 was hematological toxicity. We here report long-term disease-stabilizing FTD/TPI treatment of an mCRC patient (KRAS wild-type, ECOG performance status 1 at baseline and at the end of FTD/TPI therapy with multifocal synchronous metastases and a longstanding history of extensive hematological events during previous treatments. Finally, this 62-year-old male patient was treated for 10 months with FTD/TPI by consecutive alteration of treatment parameters: (i initial daily dose reduction to 80 mg (72% of the recommended dose, (ii 20 days dose delay, (iii a second and later third dose reduction to 70 mg and 60 mg (about 64% and 55%, respectively, of the recommended dose, and (iv 30 µg per day of granulocyte colony-stimulating factor administration first for 3 days, and later for 5 days, for each treatment cycle.

  4. Purification and Characterization of a White Laccase with Pronounced Dye Decolorizing Ability and HIV-1 Reverse Transcriptase Inhibitory Activity from Lepista nuda

    Directory of Open Access Journals (Sweden)

    Mengjuan Zhu

    2016-03-01

    Full Text Available A strain LN07 with high laccase yield was identified as basidiomycete fungus Lepista nuda from which a white laccase without type I copper was purified and characterized. The laccase was a monomeric protein with a molecular mass of 56 kDa. Its N-terminal amino acid sequence was AIGPAADLHIVNKDISPDGF. Besides, eight inner peptide sequences were determined and lac4, lac5 and lac6 sequences were in the Cu2+ combination and conservation zones of laccases. HIV-1 reverse transcriptase was inhibited by the laccase with a half-inhibitory concentration of 0.65 μM. Cu2+ ions (1.5 mM enhanced the laccase production and the optimal pH and temperature of the laccase were pH 3.0 and 50 °C, respectively. The Km and Vmax of the laccase using ABTS as substrate were respectively 0.19 mM and 195 μM. Several dyes including laboratory dyes and textile dyes used in this study, such as Methyl red, Coomassie brilliant blue, Reactive brilliant blue and so on, were decolorized in different degrees by the purified laccase. By LC-MS analysis, Methyl red was structurally degraded by the laccase. Moreover, the laccase affected the absorbance at the maximum wavelength of many pesticides. Thus, the white laccase had potential commercial value for textile finishing and wastewater treatment.

  5. Pronounced Seasonal Changes in the Movement Ecology of a Highly Gregarious Central-Place Forager, the African Straw-Coloured Fruit Bat (Eidolon helvum.

    Directory of Open Access Journals (Sweden)

    Jakob Fahr

    Full Text Available Straw-coloured fruit bats (Eidolon helvum migrate over vast distances across the African continent, probably following seasonal bursts of resource availability. This causes enormous fluctuations in population size, which in turn may influence the bats' impact on local ecosystems. We studied the movement ecology of this central-place forager with state-of-the-art GPS/acceleration loggers and concurrently monitored the seasonal fluctuation of the colony in Accra, Ghana. Habitat use on the landscape scale was assessed with remote sensing data as well as ground-truthing of foraging areas.During the wet season population low (~ 4000 individuals, bats foraged locally (3.5-36.7 km in urban areas with low tree cover. Major food sources during this period were fruits of introduced trees. Foraging distances almost tripled (24.1-87.9 km during the dry season population peak (~ 150,000 individuals, but this was not compensated for by reduced resting periods. Dry season foraging areas were random with regard to urban footprint and tree cover, and food consisted almost exclusively of nectar and pollen of native trees.Our study suggests that straw-coloured fruit bats disperse seeds in the range of hundreds of meters up to dozens of kilometres, and pollinate trees for up to 88 km. Straw-coloured fruit bats forage over much larger distances compared to most other Old World fruit bats, thus providing vital ecosystem services across extensive landscapes. We recommend increased efforts aimed at maintaining E. helvum populations throughout Africa since their keystone role in various ecosystems is likely to increase due to the escalating loss of other seed dispersers as well as continued urbanization and habitat fragmentation.

  6. Organocatalytic aza-Michael/retro-aza-Michael reaction: pronounced chirality amplification in aza-Michael reaction and racemization via retro-aza-Michael reaction.

    Science.gov (United States)

    Cai, Yong-Feng; Li, Li; Luo, Meng-Xian; Yang, Ke-Fang; Lai, Guo-Qiao; Jiang, Jian-Xiong; Xu, Li-Wen

    2011-05-01

    A detailed experimental investigation of an aza-Michael reaction of aniline and chalcone is presented. A series of Cinchona alkaloid-derived organocatalysts with different functional groups were prepared and used in the aza-Michael and retro-aza-Michael reaction. There was an interesting finding that a complete reversal of stereoselectivity when a benzoyl group was introduced to the cinchonine and cinchonidine. The chirality amplification vs. time proceeds in the quinine-derived organocatalyst containing silicon-based bulky group, QN-TBS, -catalyzed aza-Michael reaction under solvent-free conditions. In addition, we have demonstrated for the first time that racemization was occurred in suitable solvents under mild conditions due to retro-aza-Michael reaction of the Michael adduct of aniline with chalcone. These indicate the equilibrium of retro-aza-Michael reaction and aza-Michael reaction produce the happening of chirality amplification in aza-Michael reaction and racemization via retro-aza-Michael reaction under different conditions, which would be beneficial to the development of novel chiral catalysts for the aza-Michael reactions. Copyright © 2011 Wiley-Liss, Inc.

  7. Depression of belowground respiration is more pronounced than enhancement of photosynthesis during the first year after nitrogen fertilization of a mature Pacific Northwest Douglas-fir forest

    Science.gov (United States)

    Chen, B.; Black, T. A.; Jassal, R.; Nesic, Z.; Bruemmer, C.

    2008-05-01

    Nitrogen (N) additions to forest have shown variable effects on both respiration and photosynthesis. With increasing rates of anthropogenic N deposition, there is a strong need to understand the ecosystem response to N inputs. We investigated how N fertilization affects the ecosystem carbon (C) balance of a 57-year-old coast Douglas-fir stand in British Columbia, Canada, based on eddy-covariance (EC) and soil-chamber (fertilized and control plots) measurements and process-based modeling. The stand was fertilized by helicopter with urea at 200 kg N ha-1 in January 2007. A land surface model (Ecosystem Atmosphere Simulation Scheme, EASS) was combined with an ecosystem model (Boreal Ecosystem Productivity Simulator, BEPS) and a coupled C and N subroutine was incorporated into the integrated EASS-BEPS model in this study. This half-hourly time step model was run continuously for the period from 2001 to 2007 in two scenarios: with and without fertilization. Modeled C fluxes without fertilization [net ecosystem productivity (NEP), gross primary productivity (GPP), ecosystem respiration (Re) and belowground respiration (Rs)] agreed well with EC and soil chamber measurements over diurnal, seasonal and annual time scales for 2001 to 2006; while simulated NEP, GPP, Re and Rs with fertilization reasonably followed EC and chamber measurements in 2007 (545 vs. 520, 2163 vs. 2155, 1618 vs. 1635, and 920 vs. 906 g C m-2 yr-1, respectively). Comparison of EC-determined C fluxes in 2007 with model simulations without fertilization suggests that annual Re decreased by 6.7% (1635 vs. 1752 g C m-2), gross primary productivity (GPP) increased by 6.8% (2155 vs. 2017 g C m-2), and annual NEP increased by 96.2% (520 vs. 265 g C m-2) due to fertilization. The modeled reduction in Rs (9.6%, comparing modeled values without and with fertilization: 1008 vs. 920 g C m-2 yr-1) is consistent with that measured using the soil chambers (~11.5%, comparing CO2 effluxes from control and fertilized plots measured from late summer to fall). The model also indicated that the effect of fertilization on aboveground (leaf and stem) respiration was very small. These experimental and modeling results suggest N fertilization significantly increased NEP mainly as a result of strongly reduced Rs (~10-12%) and moderately enhanced GPP (~6.8%) in the first year after fertilization.

  8. Gestational protein restriction in mice has pronounced effects on gene expression in newborn offspring's liver and skeletal muscle; protective effect of taurine

    DEFF Research Database (Denmark)

    Mortensen, Ole Hartvig; Olsen, Hanne Lodberg; Frandsen, Lis

    2010-01-01

    We examined gene expression changes in liver and skeletal muscle of newborn mice subjected to a maternal low protein (LP) or normal protein (NP) diet during pregnancy, with or without taurine supplementation in the drinking water. LP offspring had a 40% lower birthweight than NP offspring, whereas...... it was reduced by only 20% with taurine supplementation. Microarray gene expression analysis revealed significant changes in 2012 genes in liver and 967 genes in skeletal muscle of LP offspring. By unknown mechanisms, taurine partially or fully prevented 30 and 46% of these expression changes, respectively....... Mitochondrial genes, in particular genes associated with oxidative phosphorylation, were more abundantly changed in LP offspring, with primarily up-regulation in liver but down-regulation in skeletal muscle. In both tissues, citrate synthase activity remained unchanged. Taurine preferentially rescued changes...

  9. A maternal low protein diet has pronounced effects on mitochondrial gene expression in offspring liver and skeletal muscle; protective effect of taurine

    DEFF Research Database (Denmark)

    Mortensen, Ole Hartvig; Olsen, Hanne Lodberg; Frandsen, Lis

    2010-01-01

    Low birth weight is associated with an increased risk of developing impaired glucose tolerance, and eventually type 2 diabetes in adult life. Gestational protein restriction in rodents gives rise to a low birth weight phenotype in the offspring....

  10. Pronounced susceptibility to infection by Salmonella enterica serovar Typhimurium in mice chronically exposed to lead correlates with a shift to Th2-type immune responses

    International Nuclear Information System (INIS)

    Fernandez-Cabezudo, Maria J.; Ali, Sumaya A.E.; Ullah, Azim; Hasan, Mohammed Y.; Kosanovic, Melita; Fahim, Mohamed A.; Adem, Abdu; Al-Ramadi, Basel K.

    2007-01-01

    Persistent exposure to inorganic lead (Pb) is known to adversely affect the immune system. In the present study, we assessed the effect of chronic Pb exposure on susceptibility to infection by the facultative intracellular pathogen Salmonella enterica serovar Typhimurium. Mice were exposed to 10 mM Pb-acetate in drinking water for ∼ 16 weeks, resulting in a significant level of Pb in the blood (106.2 ± 8.9 μg/dl). Pb exposure rendered mice susceptible to Salmonella infection, manifested by increased bacterial burden in target organs and heightened mortality. Flow cytometric analysis of the splenic cellular composition in normal and Pb-exposed mice revealed no gross alteration in the ratios of B and T lymphocytes or myeloid cells. Similarly, the capacity of B and T cells to upregulate the expression of activation antigens in response to mitogenic or inflammatory stimuli was not hindered by Pb exposure. Analysis of the ability of ex vivo-cultured splenocytes to secrete cytokines demonstrated a marked reduction in IFN-γ and IL-12p40 production associated with Pb exposure. In contrast, secretion of IL-4 by splenocytes of Pb-treated mice was 3- to 3.6-fold higher than in normal mice. The increased capacity to produce IL-4 correlated with a shift in the in vivo anti-Salmonella antibody response from the protective IgG2a isotype to the Th2-induced IgG1 isotype. We conclude that chronic exposure to high levels of Pb results in a state of immunodeficiency which is not due to an overt cytotoxic or immunosuppressive mechanism, but rather is largely caused by a shift in immune responsiveness to Th2-type reactions

  11. Bacteria of the genus Dyella can chronically colonise the airways of patients with cystic fibrosis and elicit a pronounced antibody response

    DEFF Research Database (Denmark)

    Duus, Liv M; Høiby, Niels; Wang, Mikala

    2013-01-01

    A patient with cystic fibrosis became chronically colonised with an unusual non-fermenting Gram-negative rod that could be cultured on Burkholderia cepacia selective agar. Phenotypic characterisation by VITEK-2 suggested identification as Elizabethkingia meningoseptica, however 16S rRNA gene sequ...

  12. Pronounced Side Chain Effects in Triple Bond-Conjugated Polymers Containing Naphthalene Diimides for n-Channel Organic Field-Effect Transistors

    KAUST Repository

    Nam, Sungho

    2018-03-23

    Three triple bond-conjugated naphthalene diimide (NDI) copolymers, poly{[N,N′-bis(2-R1)-naphthalene-1,4,5,8-bis(dicarboximide)-2,6-diyl]-alt-[(2,5-bis(2-R2)-1,4-phenylene)bis(ethyn-2,1-diyl)]} (PNDIR1-R2), were synthesized via Sonogashira coupling polymerization with varying alkyl side chains at the nitrogen atoms of the imide ring and 2,5-positions of the 1,4-diethynylbenzene moiety. Considering their identical polymer backbone structures, the side chains were found to have a strong influence on the surface morphology/nanostructure, thus playing a critical role in charge-transporting properties of the three NDI-based copolymers. Among the polymers, the one with an octyldodecyl (OD) chain at the nitrogen atoms of imide ring and a hexadecyloxy (HO) chain at the 2,5-positions of 1,4-diethynylbenzene, P(NDIOD-HO), exhibited the highest electron mobility of 0.016 cm2 V–1 s–1, as compared to NDI-based copolymers with an ethylhexyl chain at the 2,5-positions of 1,4-diethynylbenzene. The enhanced charge mobility in the P(NDIOD-HO) layers is attributed to the well-aligned nano-fiber-like surface morphology and highly ordered packing structure with a dominant edge-on orientation, thus enabling efficient in-plane charge transport. Our results on the molecular structure–charge transport property relationship in these materials may provide an insight into novel design of n-type conjugated polymers for applications in the organic electronics of the future.

  13. Azadirachtin induced apoptosis in the prothoracic gland in Bombyx mori and a pronounced Ca2+ release effect in Sf9 cells.

    Science.gov (United States)

    Zhang, Jing; Liu, Hongmei; Sun, Zhipeng; Xie, Jianjun; Zhong, Guohua; Yi, Xin

    2017-01-01

    Azadirachtin is a bio-rational insecticide used as an antifeedant and growth disruption agent against many insect species. However, recent studies have shown that there is a potential risk of this compound harming some beneficial insects. In such cases its application does not normally lead to death, but it may result in altered developmental regulation. Therefore, it is essential to obtain toxicological data to understand the mechanism of such sub-lethal effects, especially where they relate to important beneficial insects. Here, we found that azadirachtin could regulate growth and cocooning in silkworms, which may be associated with induced apoptotic effect on the prothoracic gland. However, azadirachtin treatment could not induce apoptosis in the prothoracic gland in vitro , in contrast to the effect of 20-hydroxyecdysone in vitro, which suggesting that the apoptosis might not be direct effect of azadirachtin. Then we examined the activity of Ca 2+ -Mg 2+ -ATPase and found that azadirachtin could trigger a significant increase in intracellular Ca 2+ release in the Sf9 cell line, which suggested that the calcium signaling pathway might be involved in the process of apoptosis in prothoracic gland and growth regulation in vivo silkworms. Although more evidence is needed to fully understand the mechanism of azadirachtin in perturbing the growth of silkworms, this study provides some toxicological information and highlights the potential risks of azadirachtin in relation to silkworms.

  14. Pronounced cluster-size effects: gas-phase reactivity of bare vanadium cluster cations V(n)+ (n = 1-7) toward methanol.

    Science.gov (United States)

    Feyel, Sandra; Schröder, Detlef; Schwarz, Helmut

    2009-05-14

    Mass spectrometric experiments are used to examine the size-dependent interactions of bare vanadium cluster cations V(n)(+) (n = 1-7) with methanol. The reactivity patterns exhibit enormous size effects throughout the range of clusters investigated. For example, dehydrogenation of methanol to produce V(n)OC(+) is only brought about by clusters with n > or = 3. Atomic vanadium cation V(+) also is reactive, but instead of dehydrogenation of the alcohol, expulsions of either methane or a methyl radical take place. In marked contrast, the reaction efficiency of the dinuclear cluster V(2)(+) is extremely low. For the cluster cations V(n)(+) (n = 3-7), complete and efficient dehydrogenation of methanol to produce V(n)OC(+) and two hydrogen molecules prevails. DFT calculations shed light on the mechanism of the dehydrogenation of methanol by the smallest reactive cluster cation V(3)(+) and propose the occurrence of chemisorption concomitant with C-O bond cleavage rather than adsorption of an intact carbon monoxide molecule by the cluster.

  15. Exenatide has a Pronounced Effect on Energy Intake but not Energy Expenditure in Non-Diabetic Subjects with Obesity: A Randomized, Double-blind, Placebo-Controlled Trial.

    Science.gov (United States)

    Basolo, Alessio; Burkholder, Joshua; Osgood, Kristy; Graham, Alexis; Bundrick, Sarah; Frankl, Joseph; Piaggi, Paolo; Thearle, Marie S; Krakoff, Jonathan

    2018-03-26

    Exenatide is a glucagon-like peptide 1 (GLP-1) mimetic which induces weight loss predominantly, it is presumed, via decreased food intake. However, circulating GLP-1 is also a determinant of energy expenditure. We sought to quantify the effect of exenatide on energy expenditure (EE) and energy intake. In this single-center, randomized double-blind placebo controlled trial, we randomized 80 healthy, non-diabetic volunteers with obesity (46 women, age: 34.4±8.7 y, body fat by DXA: 44.2±7.8%) to subcutaneous exenatide 10 μg twice daily or placebo. Subjects were admitted to our clinical research unit for measurement of 24h-EE in a whole-room indirect calorimeter and ad libitum food intake using an automated vending machine paradigm before and after randomization. Furthermore, energy expenditure and ad libitum food intake measures were repeated at 24-week after readmission for 7-day inpatient stay. Body weight was obtained weekly for up to 5 weeks and was recorded at each monthly follow up visit up to 24 weeks. Prior to randomization, participants over ate during the 3-day vending machine period in the whole study group (114.6±35.2 %), expressed as percentage of weight maintaining energy needs (WMEN) with those who were eventually randomized to exenatide overeating more (121.6±37.7 %) compared to placebo group (107.6±31.5 %). In the exenatide group, ad libitum absolute energy intake decreased by 1016.1±724.5 kcal/day (95% CI: -1250.9 to -781.2) versus a 245.1±710.5 kcal/day (95% CI: -475.4 to -14.7) decrease in placebo (Δ= -624.8 Kcal/day, p energy intake between exenatide group and placebo group and the treatment group decreased 24-h EE more compared to placebo (β = -160.6 Kcal/day, 95% CI: -307.6 to 13.6, p = 0.03) compared to their pre-randomization measurement. However, this reduction was not present after adjustment for changes in FM and FFM (β = -87 kcal/day, p = 0.14). No difference was observed in body weight (Δ = -1.72 kg, 95% CI: -5.77 to 2.30, p = 0.39) in exenatide versus placebo over 24 weeks. Compared with placebo, exenatide decreased early ad libitum energy intake but did not change 24h-EE. However, the reduction was more modest in relative versus absolute terms (i.e. below that needed for WMEN). Thus, although rate of weight change was greater in the exenatide treated subjects at 5 weeks, the absolute difference in weight was not significant. These findings indicate that although exenatide reduces food intake, it may be more beneficial in blunting overeating and thus may serve to more prevent weight regain following initial weight loss. Published by Elsevier Inc.

  16. Pronounced expression of the lipolytic inhibitor G0/G1 Switch Gene 2 (G0S2) in adipose tissue from brown bears (Ursus arctos) prior to hibernation.

    Science.gov (United States)

    Jessen, Niels; Nielsen, Thomas S; Vendelbo, Mikkel H; Viggers, Rikke; Støen, Ole-Gunnar; Evans, Alina; Frøbert, Ole

    2016-04-01

    Prior to hibernation, the brown bear (Ursus arctos) exhibits unparalleled weight gain. Unlike humans, weight gain in bears is associated with lower levels of circulating free fatty acids (FFA) and increased insulin sensitivity. Understanding how free-ranging brown bears suppress lipolysis when gaining weight may therefore provide novel insight toward the development of human therapies. Blood and subcutaneous adipose tissue were collected from immobilized free-ranging brown bears (fitted with GPS-collars) during hibernation in winter and from the same bears during the active period in summer in Dalarna, Sweden. The expression of lipid droplet-associated proteins in adipose tissue was examined under the hypothesis that bears suppress lipolysis during summer while gaining weight by increased expression of negative regulators of lipolysis. Adipose triglyceride lipase (ATGL) expression did not differ between seasons, but in contrast, the expression of ATGL coactivator Comparative gene identification-58 (CGI-58) was lower in summer. In addition, the expression of the negative regulators of lipolysis, G0S2 and cell-death inducing DNA fragmentation factor-a-like effector (CIDE)C markedly increased during summer. Free-ranging brown bears display potent upregulation of inhibitors of lipolysis in adipose tissue during summer. This is a potential mechanism for increased insulin sensitivity during weight gain and G0S2 may serve as a target to modulate insulin sensitivity. © 2016 The Authors. Physiological Reports published by Wiley Periodicals, Inc. on behalf of the American Physiological Society and The Physiological Society.

  17. Pronounced expression of the lipolytic inhibitor G0/G1 Switch Gene 2 (G0S2) in adipose tissue from brown bears (Ursus arctos) prior to hibernation

    DEFF Research Database (Denmark)

    Jessen, Niels; Nielsen, Thomas S; Vendelbo, Mikkel H

    2016-01-01

    Prior to hibernation, the brown bear (Ursus arctos) exhibits unparalleled weight gain. Unlike humans, weight gain in bears is associated with lower levels of circulating free fatty acids (FFA) and increased insulin sensitivity. Understanding how free-ranging brown bears suppress lipolysis when...... gaining weight may therefore provide novel insight toward the development of human therapies. Blood and subcutaneous adipose tissue were collected from immobilized free-ranging brown bears (fitted with GPS-collars) during hibernation in winter and from the same bears during the active period in summer...... in Dalarna, Sweden. The expression of lipid droplet-associated proteins in adipose tissue was examined under the hypothesis that bears suppress lipolysis during summer while gaining weight by increased expression of negative regulators of lipolysis. Adipose triglyceride lipase (ATGL) expression did...

  18. Offspring from mothers fed a ‘junk food’ diet in pregnancy and lactation exhibit exacerbated adiposity that is more pronounced in females

    Science.gov (United States)

    Bayol, S A; Simbi, B H; Bertrand, J A; Stickland, N C

    2008-01-01

    We have shown previously that a maternal junk food diet during pregnancy and lactation plays a role in predisposing offspring to obesity. Here we show that rat offspring born to mothers fed the same junk food diet rich in fat, sugar and salt develop exacerbated adiposity accompanied by raised circulating glucose, insulin, triglyceride and/or cholesterol by the end of adolescence (10 weeks postpartum) compared with offspring also given free access to junk food from weaning but whose mothers were exclusively fed a balanced chow diet in pregnancy and lactation. Results also showed that offspring from mothers fed the junk food diet in pregnancy and lactation, and which were then switched to a balanced chow diet from weaning, exhibited increased perirenal fat pad mass relative to body weight and adipocyte hypertrophy compared with offspring which were never exposed to the junk food diet. This study shows that the increased adiposity was more enhanced in female than male offspring and gene expression analyses showed raised insulin-like growth factor-1 (IGF-1), insulin receptor substrate (IRS)-1, vascular endothelial growth factor (VEGF)-A, peroxisome proliferator-activated receptor-γ (PPARγ), leptin, adiponectin, adipsin, lipoprotein lipase (LPL), Glut 1, Glut 3, but not Glut 4 mRNA expression in females fed the junk food diet throughout the study compared with females never given access to junk food. Changes in gene expression were not as marked in male offspring with only IRS-1, VEGF-A, Glut 4 and LPL being up-regulated in those fed the junk food diet throughout the study compared with males never given access to junk food. This study therefore shows that a maternal junk food diet promotes adiposity in offspring and the earlier onset of hyperglycemia, hyperinsulinemia and/or hyperlipidemia. Male and female offspring also display a different metabolic, cellular and molecular response to junk-food-diet-induced adiposity. PMID:18467362

  19. Offspring from mothers fed a 'junk food' diet in pregnancy and lactation exhibit exacerbated adiposity that is more pronounced in females.

    Science.gov (United States)

    Bayol, S A; Simbi, B H; Bertrand, J A; Stickland, N C

    2008-07-01

    We have shown previously that a maternal junk food diet during pregnancy and lactation plays a role in predisposing offspring to obesity. Here we show that rat offspring born to mothers fed the same junk food diet rich in fat, sugar and salt develop exacerbated adiposity accompanied by raised circulating glucose, insulin, triglyceride and/or cholesterol by the end of adolescence (10 weeks postpartum) compared with offspring also given free access to junk food from weaning but whose mothers were exclusively fed a balanced chow diet in pregnancy and lactation. Results also showed that offspring from mothers fed the junk food diet in pregnancy and lactation, and which were then switched to a balanced chow diet from weaning, exhibited increased perirenal fat pad mass relative to body weight and adipocyte hypertrophy compared with offspring which were never exposed to the junk food diet. This study shows that the increased adiposity was more enhanced in female than male offspring and gene expression analyses showed raised insulin-like growth factor-1 (IGF-1), insulin receptor substrate (IRS)-1, vascular endothelial growth factor (VEGF)-A, peroxisome proliferator-activated receptor-gamma (PPARgamma), leptin, adiponectin, adipsin, lipoprotein lipase (LPL), Glut 1, Glut 3, but not Glut 4 mRNA expression in females fed the junk food diet throughout the study compared with females never given access to junk food. Changes in gene expression were not as marked in male offspring with only IRS-1, VEGF-A, Glut 4 and LPL being up-regulated in those fed the junk food diet throughout the study compared with males never given access to junk food. This study therefore shows that a maternal junk food diet promotes adiposity in offspring and the earlier onset of hyperglycemia, hyperinsulinemia and/or hyperlipidemia. Male and female offspring also display a different metabolic, cellular and molecular response to junk-food-diet-induced adiposity.

  20. The Redox Cycler Plasmodione Is a Fast-Acting Antimalarial Lead Compound with Pronounced Activity against Sexual and Early Asexual Blood-Stage Parasites.

    Science.gov (United States)

    Ehrhardt, Katharina; Deregnaucourt, Christiane; Goetz, Alice-Anne; Tzanova, Tzvetomira; Gallo, Valentina; Arese, Paolo; Pradines, Bruno; Adjalley, Sophie H; Bagrel, Denyse; Blandin, Stephanie; Lanzer, Michael; Davioud-Charvet, Elisabeth

    2016-09-01

    Previously, we presented the chemical design of a promising series of antimalarial agents, 3-[substituted-benzyl]-menadiones, with potent in vitro and in vivo activities. Ongoing studies on the mode of action of antimalarial 3-[substituted-benzyl]-menadiones revealed that these agents disturb the redox balance of the parasitized erythrocyte by acting as redox cyclers-a strategy that is broadly recognized for the development of new antimalarial agents. Here we report a detailed parasitological characterization of the in vitro activity profile of the lead compound 3-[4-(trifluoromethyl)benzyl]-menadione 1c (henceforth called plasmodione) against intraerythrocytic stages of the human malaria parasite Plasmodium falciparum We show that plasmodione acts rapidly against asexual blood stages, thereby disrupting the clinically relevant intraerythrocytic life cycle of the parasite, and furthermore has potent activity against early gametocytes. The lead's antiplasmodial activity was unaffected by the most common mechanisms of resistance to clinically used antimalarials. Moreover, plasmodione has a low potential to induce drug resistance and a high killing speed, as observed by culturing parasites under continuous drug pressure. Drug interactions with licensed antimalarial drugs were also established using the fixed-ratio isobologram method. Initial toxicological profiling suggests that plasmodione is a safe agent for possible human use. Our studies identify plasmodione as a promising antimalarial lead compound and strongly support the future development of redox-active benzylmenadiones as antimalarial agents. Copyright © 2016, American Society for Microbiology. All Rights Reserved.

  1. Pronounced limb and fibre type differences in subcellular lipid droplet content and distribution in elite skiers before and after exhaustive exercise.

    Science.gov (United States)

    Koh, Han-Chow E; Nielsen, Joachim; Saltin, Bengt; Holmberg, Hans-Christer; Ørtenblad, Niels

    2017-09-01

    Although lipid droplets in skeletal muscle are an important energy source during endurance exercise, our understanding of lipid metabolism in this context remains incomplete. Using transmission electron microscopy, two distinct subcellular pools of lipid droplets can be observed in skeletal muscle - one beneath the sarcolemma and the other between myofibrils. At rest, well-trained leg muscles of cross-country skiers contain 4- to 6-fold more lipid droplets than equally well-trained arm muscles, with a 3-fold higher content in type 1 than in type 2 fibres. During exhaustive exercise, lipid droplets between the myofibrils but not those beneath the sarcolemma are utilised by both type 1 and 2 fibres. These findings provide insight into compartmentalisation of lipid metabolism within skeletal muscle fibres. Although the intramyocellular lipid pool is an important energy store during prolonged exercise, our knowledge concerning its metabolism is still incomplete. Here, quantitative electron microscopy was used to examine subcellular distribution of lipid droplets in type 1 and 2 fibres of the arm and leg muscles before and after 1 h of exhaustive exercise. Intermyofibrillar lipid droplets accounted for 85-97% of the total volume fraction, while the subsarcolemmal pool made up 3-15%. Before exercise, the volume fractions of intermyofibrillar and subsarcolemmal lipid droplets were 4- to 6-fold higher in leg than in arm muscles (P exercise, intermyofibrillar lipid droplet volume fraction was 53% lower (P = 0.0082) in both fibre types in arm, but not leg muscles. This reduction was positively associated with the corresponding volume fraction prior to exercise (R 2  = 0.84, P exercise-induced change in the subsarcolemmal pool could be detected. These findings indicate clear differences in the subcellular distribution of lipid droplets in the type 1 and 2 fibres of well-trained arm and leg muscles, as well as preferential utilisation of the intermyofibrillar pool during prolonged exhaustive exercise. Apparently, the metabolism of lipid droplets within a muscle fibre is compartmentalised. © 2017 The Authors. The Journal of Physiology © 2017 The Physiological Society.

  2. Pronounced Side Chain Effects in Triple Bond-Conjugated Polymers Containing Naphthalene Diimides for n-Channel Organic Field-Effect Transistors

    KAUST Repository

    Nam, Sungho; Hahm, Suk Gyu; Khim, Dongyoon; Kim, Hwajeong; Sajoto, Tissa; Ree, Moonhor; Marder, Seth R.; Anthopoulos, Thomas D.; Bradley, Donal D.C.; Kim, Youngkyoo

    2018-01-01

    on the surface morphology/nanostructure, thus playing a critical role in charge-transporting properties of the three NDI-based copolymers. Among the polymers, the one with an octyldodecyl (OD) chain at the nitrogen atoms of imide ring and a hexadecyloxy (HO

  3. Pronounced in vitro and in vivo antiretroviral activity of 5-substituted 2,4-diamino-6-[2-(phosphonomethoxy)ethoxy] pyrimidines

    Czech Academy of Sciences Publication Activity Database

    Balzarini, J.; Schols, D.; Van Laethem, K.; De Clercq, E.; Hocková, Dana; Masojídková, Milena; Holý, Antonín

    2007-01-01

    Roč. 59, č. 1 (2007), s. 80-86 ISSN 0305-7453 R&D Projects: GA MŠk 1M0508; GA AV ČR IBS4055109; GA AV ČR 1QS400550501 Grant - others:ISEP/FORTIS(XE) GOA/2005/19 Institutional research plan: CEZ:AV0Z40550506 Keywords : acyclic nucleoside phosphonates * antiretroviral drugs * HIV * MSV * PMEO-DAPy Subject RIV: CC - Organic Chemistry Impact factor: 4.038, year: 2007

  4. Pronounced Effects of a Triazine Core on Photovoltaic Performance-Efficient Organic Solar Cells Enabled by a PDI Trimer-Based Small Molecular Acceptor.

    Science.gov (United States)

    Duan, Yuwei; Xu, Xiaopeng; Yan, He; Wu, Wenlin; Li, Zuojia; Peng, Qiang

    2017-02-01

    A novel-small molecular acceptor with electron-deficient 1,3,5-triazine as the core and perylene diimides as the arms is developed as the acceptor material for efficient bulk heterojunction organic solar cells with an efficiency of 9.15%. © 2016 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.

  5. A randomized lifestyle intervention with 5-year follow-up in subjects with impaired glucose tolerance: pronounced short-term impact but long-term adherence problems

    DEFF Research Database (Denmark)

    Lindahl, Bernt; Nilssön, Torbjörn K; Borch-Johnsen, Knut

    2009-01-01

    AIMS: To compare data on cardiovascular risk factor changes in lipids, insulin, proinsulin, fibrinolysis, leptin and C-reactive protein, and on diabetes incidence, in relation to changes in lifestyle. METHODS: The study was a randomized lifestyle intervention trial conducted in northern Sweden......, and reduced the risk for type 2 diabetes, but the effects persisted only as long as the new lifestyle was maintained. Increased physical activity seemed to be the behaviour that was most easy to preserve....... between 1995 and 2000, in 168 individuals with impaired glucose tolerance (IGT) and body mass index above 27 at start. The intensive intervention group (n = 83) was subjected to a 1-month residential lifestyle programme. The usual care group (n = 85) participated in a health examination ending...

  6. Comparison of spectrographic records of two syllables pronounced from scripts in hiragana and romaji by students with different familiarity with English.

    Science.gov (United States)

    Ototake, Harumi; Yamada, Jun

    2005-10-01

    The same syllables /mu/ and /ra/ written in Japanese hiragana and romaji given on a standard speeded naming task elicited phonetically or acoustically different responses in a syllabic hiragana condition and a romaji condition. The participants were two groups of Japanese college students (ns = 15 and 16) with different familiarity with English as a second language. The results suggested that the phonetic reality of syllables represented in these scripts can differ, depending on the interaction between the kind of script and speakers' orthographic familiarity.

  7. Pronounced Seasonal Changes in the Movement Ecology of a Highly Gregarious Central-Place Forager, the African Straw-Coloured Fruit Bat (Eidolon helvum).

    Science.gov (United States)

    Fahr, Jakob; Abedi-Lartey, Michael; Esch, Thomas; Machwitz, Miriam; Suu-Ire, Richard; Wikelski, Martin; Dechmann, Dina K N

    2015-01-01

    Straw-coloured fruit bats (Eidolon helvum) migrate over vast distances across the African continent, probably following seasonal bursts of resource availability. This causes enormous fluctuations in population size, which in turn may influence the bats' impact on local ecosystems. We studied the movement ecology of this central-place forager with state-of-the-art GPS/acceleration loggers and concurrently monitored the seasonal fluctuation of the colony in Accra, Ghana. Habitat use on the landscape scale was assessed with remote sensing data as well as ground-truthing of foraging areas. During the wet season population low (~ 4000 individuals), bats foraged locally (3.5-36.7 km) in urban areas with low tree cover. Major food sources during this period were fruits of introduced trees. Foraging distances almost tripled (24.1-87.9 km) during the dry season population peak (~ 150,000 individuals), but this was not compensated for by reduced resting periods. Dry season foraging areas were random with regard to urban footprint and tree cover, and food consisted almost exclusively of nectar and pollen of native trees. Our study suggests that straw-coloured fruit bats disperse seeds in the range of hundreds of meters up to dozens of kilometres, and pollinate trees for up to 88 km. Straw-coloured fruit bats forage over much larger distances compared to most other Old World fruit bats, thus providing vital ecosystem services across extensive landscapes. We recommend increased efforts aimed at maintaining E. helvum populations throughout Africa since their keystone role in various ecosystems is likely to increase due to the escalating loss of other seed dispersers as well as continued urbanization and habitat fragmentation.

  8. Hydrological Responses to Changes in the Rainfall Regime are Less Pronounced in Forested Basins: an Analysis of Southern Brazil, 1975-2010

    Science.gov (United States)

    Chagas, V. B. P.; Chaffe, P. L. B.

    2017-12-01

    It is unknown to what extent the hydrological responses to changes in the rainfall regime vary across forested and non-forested landscapes. Southern Brazil is approximately 570000 km² and was naturally covered mostly by tropical and subtropical forests. In the last century, a large proportion of forests were replaced by agricultural activities. The rainfall regime has also changed substantially in the last decades. The annual rainfall, number and magnitude of extreme events, and number of non-rainy days have increased in most of the area. In this study, we investigated the changes in the regime of 142 streamflow gauges and 674 rainfall gauges in Southern Brazil, from 1975 to 2010. The changes in the regime were analyzed for forested basins (i.e., with more than 50% forest coverage) and non-forested basins (i.e., with less than 20% forest coverage). The area of the river basins ranged from 100 to 60000 km². We analyzed a total of six signatures that represent the regime, including annual averages, seasonality, floods, and droughts. The statistical trends of the signatures were calculated using the Mann-Kendall test and the Sen's slope. The results showed that the majority of basins with opposing signal trends for mean annual streamflow and rainfall are non-forested basins (i.e., basins with higher anthropogenic impacts). Forested basins had a lower correlation between trends in the streamflow and rainfall trends for the seasonality and the average duration of drought events. There was a lower variability in the annual maximum 1-day streamflow trends in the forested basins. Additionally, despite a decrease in the 31-day rainfall minima and an increase in the seasonality, in forested basins the 7-day streamflow minima increases were substantially larger than in non-forested basins. In summary, the forested basins were less responsive to the changes in the precipitation 1-day maxima, seasonality, number of dry days, and 31-day minima.

  9. Judicial autopsy of radiation accidents

    International Nuclear Information System (INIS)

    Kannan, P.M.

    1990-01-01

    This paper discusses issues regarding the judicial autopsy of radiation accidents. In the litigation which follows a radiation accident, a claimant calls on the legal system to adjudicate a dispute. Scientific questions are thrust upon the court. The legal system (through attorneys for the parties) then invites scientists to assist the court in resolving such questions. The invitation, however, does not allow the scientist to bring along his full kit. Experimentation, such as repeating the accident with dosimeters to gather more accurate data, is generally not allowed. Also, the scientist must give up his practice of choosing which questions he will pursue

  10. FEDERAL PENSIONS: Judicial Survivors Annuities System Costs

    National Research Council Canada - National Science Library

    2002-01-01

    ...) specifying that we review certain aspects of the Judicial Survivors' Annuities System (JSAS), which is one of several survivor benefit plans applicable to particular groups of federal employees...

  11. Judicial action and technical risk

    International Nuclear Information System (INIS)

    Buiren, S. van; Ballerstedt, E.; Grimm, D.

    1981-05-01

    In this study it is examined how the judiciary deals with those sections that are crucial for the use of nuclear energy. The authors get down to the pre-dominant problem of the law relating to technical safety. In the process they encounter the central dilemma of modern democracy, i.e. the strained relations which exist between judicial control and democratic responsibility. Since nuclear energy entered the market place, it has been the administrative courts which - in practice - have decided whether and to what extent nuclear energy may be used. On the one hand, this is a result of the fast growth of, and rapid change in, science and technology. On the other hand, it is a result of administrative law standards which have developed in the Federal Republic of Germany after World War II. The former requires the normative structure of the atomic law, the latter postulates how to deal with it. Legal protection against an act of public authority is guaranteed by the Basic Law and usually with some justification considered a splendid achievement of our state which is based on the rule of law. It has lead to developments in the atomic law and in many parts of the law relating to technical safety on which opinions are divided. In a dogmatic manner it has been legally examined to what extent an extensive review competence of the judiciary is a must, and whether there are any possibilities of judicial control of acts of public authorities without having to interfere with the original competence of administrations. (orig./HP) [de

  12. 49 CFR 397.225 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate district...

  13. 49 CFR 386.67 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of Appeals...

  14. 17 CFR 200.64 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 200.64... AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.64 Judicial review. The Congress has provided for review by the courts of the decisions and orders by this Commission. Members should recognize...

  15. 31 CFR 29.406 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial review...

  16. 31 CFR 29.515 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied (in...

  17. 40 CFR 173.9 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 173.9 Section 173.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS PROCEDURES GOVERNING... Judicial review. The State may appeal an order rescinding, in whole or in part, its primary enforcement...

  18. 36 CFR 218.14 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 218.14... ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection...

  19. 29 CFR 1978.110 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... Labor, shall not be subject to judicial review in any criminal or other civil proceedings (49 U.S.C... law judge, shall be transmitted by the Administrative Review Board, United States Department of Labor... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1978.110 Section 1978.110 Labor...

  20. 29 CFR 785.7 - Judicial construction.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

  1. 37 CFR 204.9 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...

  2. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

    Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

  3. Judicial fiats and contemporary enclosures

    Directory of Open Access Journals (Sweden)

    Thayyil Naveen

    2009-01-01

    Full Text Available This article examines the problematic processes in a case that has had few parallels in Indian judicial history. The apex court in T. N. Godavarman took upon the responsibility of deciding how forest resources in the country should be accessed and who is (or is not to have such access. Purportedly done to protect the environment, through the ′clarification and fine-tuning′ of national forest-laws, the case has seriously affected the life, livelihood, and habitat of millions of marginal groups. Recent trends demonstrate the wider trend of constitutional courts assuming the roles of adjudication, administration and legislation, all rolled into one, whereby they become problematic sites for creating a hierarchy of conflicting public interests, which claim constitutional validity from different vantage points. Thus, constitutional values of ′protection of environment′ and ′justice - social, political and economic′ ′are pitted against each other′ where unelected courts take it upon themselves to define the legitimate precincts of the theoretical discourse of sustainable use / development; and importantly also implement it into ′everyday′ ′reality, in the way it feels fit′. The article seeks to make sense of this contemporary process of forest governance.

  4. 16 CFR 5.68 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...

  5. 10 CFR 207.8 - Judicial actions.

    Science.gov (United States)

    2010-01-01

    ... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... such an order of the court may be punished by the court as contempt. (b) Injunctions. Whenever it...

  6. Judicial Capacity in a Transforming Legal System

    Directory of Open Access Journals (Sweden)

    Hugh Corder

    2017-12-01

    Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen

  7. Italian Microhistory, anthropology and judicial archives

    Directory of Open Access Journals (Sweden)

    Eulalia Hernández Ciro

    2016-01-01

    Full Text Available From the interceptions between the Italian microhistory and anthropology, this article aims to provide a central debate of contemporary historiography account of popular culture and subaltern classes from the intensive and exhaustive judicial proceedings. To do this, some of the impacts of anthropology will be addressed in the historical work, as the appearance and questioning notion of popular culture, the ethnographic value of court files and finally, some possibilities in the case of Judicial Historical Archive of Medellin.

  8. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

    Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.

  9. From Judicial Activism to Judicial Protagonism: For a Transforming Actuation in the Environmental Subject

    Directory of Open Access Journals (Sweden)

    Iasna Chaves Viana

    2016-12-01

    Full Text Available The judge’s action setting became modern ágora, preferential space of the relevant public deliberations. Today there is an invasion of the public choices’ usual spaces by the legalization of politics, result of Brazil's institutional design. The concepts of judicial activism and judicial protagonism oppose this scenario. At present it must be judicial action protagonist, transforming reality, understood that which is back to lend maximum effect to the Constitutional text. Especially relevant when it comes to environmental issues, given the enormous complexity of today's society. Case studies aim to show the evolution of the Brazilian Judicial understanding in this regard.

  10. Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research

    Directory of Open Access Journals (Sweden)

    Sharyn Roach Anleu

    2014-12-01

    Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d

  11. Is judicial integrity a norm? An inquiry into the concept of judicial integrity in England and the Netherlands

    NARCIS (Netherlands)

    Soeharno, Jonathan

    2007-01-01

    Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no

  12. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...... in judicial performance over two years of time...

  13. 5 CFR 1201.127 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...

  14. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

    Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)

  15. 15 CFR 325.11 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...

  16. 37 CFR 251.58 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...

  17. 30 CFR 775.13 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...

  18. “Deference” in Judicial Review

    African Journals Online (AJOL)

    MJM Venter

    The Constitutional Court subscribes to a standard of "deference" in judicial review.1. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. The principle recognises the need to protect the institutional character of each of the three arms of ...

  19. 13 CFR 117.18 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...

  20. 44 CFR 6.57 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...

  1. 46 CFR 1.01-30 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...

  2. 12 CFR 1780.57 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stays pending judicial review. 1780.57 Section... Posthearing Proceedings § 1780.57 Stays pending judicial review. The commencement of proceedings for judicial... Director pending a final decision on a petition for review of that order. ...

  3. 12 CFR 509.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Stays pending judicial review. 509.41 Section... pending judicial review. The commencement of proceedings for judicial review of a final decision and order... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

  4. The Judicial Domain in View: figures, trends and perspectives

    NARCIS (Netherlands)

    M.A. Loth (Marc); E. Mak (Elaine)

    2007-01-01

    textabstractWhere will the Dutch judicial system be in 2015? One of us answered a similar type of question elsewhere with a sketch of two frightening scenarios.* In the first scenario the judicial system will have insufficiently adapted itself to its surroundings. The judicial system will become

  5. Judicial Functions in the Criminal Trial

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2014-05-01

    Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

  6. POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Kartono Kartono

    2011-03-01

    Full Text Available Although Indonesia judicial review system is not opens the possibility of regulations review under the act against the constitution, das sollen pracitically these conditions may still occur. From political of law the legal authority of constitutional court should be able to put the interests of citizens rights that are based on the principles of recognition, guarantees, protection and legal certainty of a fair and equal treatment before the law. Given that changes in the constitution can not be done easily, then the judicial review in UUD 1945 should not be formulated too limitedly that restricting the organic law to complete and explore the authority that is adaptable to any concrete problem. Keywords: politics of law, constitutional court, UUD 1945, limitedly.

  7. Judicial Reforms in Russia: 1864 to 2014

    Directory of Open Access Journals (Sweden)

    Irina Reshetnikova

    2015-01-01

    Full Text Available In 2014 we celebrate the 150th anniversary of the Judicial Reform in Russia. The 1860s are known as a time of major reforms in various spheres of life, one of them being the Judicial Reform adopted in 1864. Before 1864 civil procedure was considered to be the classical form of inquisitorial justice1 with active judges and passive parties. Inquisitorial procedure was a written process conducted in secret with no legal representatives in court, and with formal evaluation of evidence (otsenka dokazatel’stv. Instead of an inquisitorial procedure the Judicial Reform introduced an adversarial system with active parties and more or less passive judges, an open, oral (public process, legal representatives, and free evaluation of evidence. So, for Russian procedure it was a revolution as it happened in other countries of Europe, which turned away from an inquisitorial to an adversarial system of justice.

  8. Evaluating Judicial Performance and Addressing Gender Bias

    Directory of Open Access Journals (Sweden)

    Angela Melville

    2014-12-01

    Full Text Available Elek and Rottman argue that judicial evaluation is often biased against women and minority judges. The need to address bias is important, however often the desire for diversity seems so self-evident as to belie deeper analysis. This paper examines the two main rationales for gender equality on the bench. First, female judges are often considered necessary in order to bring a gendered perspective to judging, however it is argued that this rationale is flawed. Second, an alternative rationale based on equality and legitimacy is offered which avoids gender essentialism. While debates typically focus on these two rationales, a third rationale embraces both difference and equality/legitimacy. The presence of female judges has an important symbolic value which destabilises existing fraternal legal norms. Finally, increasing the number of female judges may not necessarily change judging, and this paper also analyses how the transformative potential offered by judicial diversity can work in practice. Elek y Rottman defienden que la evaluación judicial suele estar sesgada en contra de las mujeres y los jueces pertenecientes a minorías. La necesidad de abordar el sesgo es importante, sin embargo a menudo el deseo de diversidad parece tan evidente como para contradecir un análisis más profundo. Este artículo examina los dos motivos principales para la igualdad de género en el banquillo. En primer lugar, las mujeres jueces a menudo se consideran necesarias para aportar una perspectiva de género al hecho de juzgar, sin embargo, se defiende que este razonamiento es erróneo. En segundo lugar, se ofrece una alternativa lógica basada en la igualdad y la legitimidad que evita el esencialismo de género. Mientras que los debates suelen centrarse en estas dos razones, una tercera justificación abarca tanto la diferencia como la igualdad/legitimidad. La presencia de mujeres en la judicatura tiene un importante valor simbólico que desestabiliza las normas

  9. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  10. Data driven information system for supervision of judicial open

    Directory of Open Access Journals (Sweden)

    Ming LI

    2016-08-01

    Full Text Available Aiming at the four outstanding problems of informationized supervision for judicial publicity, the judicial public data is classified based on data driven to form the finally valuable data. Then, the functional structure, technical structure and business structure of the data processing system are put forward, including data collection module, data reduction module, data analysis module, data application module and data security module, etc. The development of the data processing system based on these structures can effectively reduce work intensity of judicial open iformation management, summarize the work state, find the problems, and promote the level of judicial publicity.

  11. CONSIDERATIONS ABOUT TIME MANAGEMENT IN JUDICIAL ORGANISATIONS.

    Directory of Open Access Journals (Sweden)

    HULPUŞ IOANA ALEXANDRA

    2015-08-01

    Full Text Available Efficiency of justice is closely linked to the time factor as a key resource to be severely, judiciously used, saved. Because of the importance of this issue - of the preserved values - providing justice, the righteousness and not least the citizen himself, protecting its rights and interests, values that exceed privat sector priorities-the profit, time problem in judiciary management is more valuable. Time is a component of efficiency, performance, timeliness of trials being enshrined as a guiding principle and one of the most important procedural safeguards of the litigant. The study emphasizes an important aspect in terms of time management, the perspective of judiciary leader, who has to abide the law and its limitations and always having to balance between requirements, resources and optimum workload. In this context he should identify methods and work techniques that resonates with the legal provisions to manage time more efficiently.

  12. Co-Plaintigff in Judicial Reorganization

    Directory of Open Access Journals (Sweden)

    Liliane Gonçalves Matos

    2016-12-01

    Full Text Available The aim of the study it was to analyze the possibility of the economic group file a single request for judicial reorganization. Concerning the methodology, the study is a descriptive - analytic research, analyzing the legal doctrines and jurisprudence about the subject. It has been shown that the reorganization of groups, instead of separated companies may result benefits, as a company of the group can help to recover the others that are facing difficulties, but there is the possibility to create a negative incentive for the development of global business activity. It was concluded that the active joinder in bankruptcy is feasible, but it would be more prudent for each group company present its own reorganization  plan.

  13. Imaginaries of Judicial Practices in Cali, Colombia

    Directory of Open Access Journals (Sweden)

    Lina Buchely

    2015-05-01

    Full Text Available This article explores the emotions of users and functionaries involved in the justice system and the administration of justice in Cali, Colombia. The analysis presented argues that the state not only employs a bureaucratic rational language but also invokes emotions and feelings. In this sense, it is not only the central imaginaries of the state justice system and judicial processes but also the idea of justice itself that is marked by tediousness, delay and chaos, imaginaries of the system that were identified by the users and the officials involved in the administration of the system. There is no justice if it is not a process that is tedious, marked by ritual, mysticism, disorder and difficulties. These findings demonstrate that, against liberal discourses that emphasize the order, unity and rationality of public actions, that the power of the state actually operates through the disaggregated, the irrational and the emotional, a much wider and inexplicable framework.

  14. Reflections on Judicial Views of uBuntu

    Directory of Open Access Journals (Sweden)

    Chuma Himonga

    2013-12-01

    Full Text Available Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has become evident in the jurisprudence that encompasses customary law, eviction, defamation, and criminal law matters. This contribution explores the scope and content of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape. Two major epochs are highlighted in the development of ubuntu, marked by the constitutional decisions in Makwanyane and PE Municipality respectively. The former carved the central avenue of development for ubuntu, while the latter marked the start of the thematic development of the concept in the direction of restorative justice. Furthermore, the article engages critically with the use of ubuntu, with criticisms levelled against the conceptualisation of ubuntu as a legal notion, ranging from its ambiguity to its redundancy, to perceptions of dichotomies, and issues of exclusion. The paper also questions the manner in which the courts have applied the legal concept of ubuntu uncritically, without reference to African sources to illustrate its meaning in different contexts, and without questioning its compatibility with the Bill of Rights. Finally, it attempts to reveal the connections between ubuntu and the values underlying the Bill of Rights

  15. The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.

    Science.gov (United States)

    Burk, Roy N

    2011-08-01

    From time to time, the Council on Ethics and Judicial Affairs must investigate and act on the alleged unethical behavior of Texas Dental Association members. Because the alleged behavior is directed at a colleague and TDA member, the work of the council is neither comfortable nor inviting. Nonetheless, council decisions are made taking into account its mission to investigate the allegation between the parties and to improve dental ethics in the state.

  16. 31 CFR 357.23 - Judicial proceedings-sovereign immunity.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance... Securities System (Legacy Treasury Direct) § 357.23 Judicial proceedings—sovereign immunity. (a) Department...

  17. Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment

    Science.gov (United States)

    Fersini, E.; Sartori, F.

    2012-01-01

    Purpose: The need of tools for content analysis, information extraction and retrieval of multimedia objects in their native form is strongly emphasized into the judicial domain: digital videos represent a fundamental informative source of events occurring during judicial proceedings that should be stored, organized and retrieved in short time and…

  18. The Judicial Process as a Form of Program Evaluation.

    Science.gov (United States)

    Ellsberry, James

    1980-01-01

    Maintaining that the judicial process is particularly effective as a form of program evaluation, this article details organizational procedures and lists the following advantages for use of the judicial process: issues are investigated in an open forum, the community can participate, and exciting opportunities for teaching and learning are…

  19. Political Science, The Judicial Process, and A Legal Education

    Science.gov (United States)

    Funston, Richard

    1975-01-01

    Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)

  20. Judicial Process, Grade Eight. Resource Unit (Unit V).

    Science.gov (United States)

    Minnesota Univ., Minneapolis. Project Social Studies Curriculum Center.

    This resource unit, developed by the University of Minnesota's Project Social Studies, introduces eighth graders to the judicial process. The unit was designed with two major purposes in mind. First, it helps pupils understand judicial decision-making, and second, it provides for the study of the rights guaranteed by the federal Constitution. Both…

  1. 12 CFR 747.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Stays pending judicial review. 747.41 Section... of Practice and Procedure § 747.41 Stays pending judicial review. The commencement of proceedings for... part of its order pending a final decision on a petition for review of that order. ...

  2. 12 CFR 308.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Stays pending judicial review. 308.41 Section... OF PRACTICE AND PROCEDURE Uniform Rules of Practice and Procedure § 308.41 Stays pending judicial... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

  3. 12 CFR 19.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Stays pending judicial review. 19.41 Section 19... PROCEDURE Uniform Rules of Practice and Procedure § 19.41 Stays pending judicial review. The commencement of... effectiveness of all or any part of an order pending a final decision on a petition for review of that order. ...

  4. [The judicialization of health in the Federal District of Brazil].

    Science.gov (United States)

    Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina

    2014-02-01

    This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.

  5. NEOCONSTITUCIONALISMO: O ALICERCE DO ATIVISMO JUDICIAL BRASILEIRO / NEOCONSTITUTIONALISM: THE FOUNDATION OF THE BRAZILIAN JUDICIAL ACTIVISM

    Directory of Open Access Journals (Sweden)

    Têmis Limberger

    2017-04-01

    Full Text Available The proposed study is based on the jurisdictional action of the Courts when adopting positions that go against the current legislation and even the Constitutional text, making use of premises of the neoconstitutional doctrine, which deals with the concrete application of the Federal Constitution, in order to demonstrate the use of these parameters as basis or foundation for judicial decisions of activist nature, and specifically to point out the effects of the judgments of this nature. The insecurity caused by the res judicata that adopt the practices worked in this doctrine, denying what is in the Law and in the Constitution, justify the relevance of the research, which faces these problems in the light of Contemporary Juridical Hermeneutics. The research method was the bibliographic survey and the study of judicial decisions, with emphasis on TSE and STF. Thus, in general, the objective is to make it clear that in these cases there is a misconception of the Judiciary in the form of interpreting and deciding, and it specifically points out that the decisions of the Electoral Courts reach out as an instrument of judicial activism, which is strengthened by the Neoconstitutional doctrine.

  6. The judicialization of territorial politics in Brazil, Colombia and Spain

    Directory of Open Access Journals (Sweden)

    Helder Ferreira do Vale

    2013-08-01

    Full Text Available This article explains how judicial review influences intergovernmental political dynamics in Brazil, Colombia and Spain. The argument is developed in light of two questions: how supreme courts have established themselves as pivotal institutions for settling vertical intergovernmental disputes, and how national and subnational politicians use judicial review in order to enhance their own interests. A comparison between the judicial review processes in federal Brazil, quasi-federal Spain, and unitary Colombia provides an answer to these questions. Accounting for the differences in the territorial organization and systems of government among these countries, the article assesses the patterns of judicial review originating from the subnational level. Findings suggest that courts affect the interaction between national and subnational politicians in the three country-cases, but through different patterns of judicialization of territorial politics.

  7. The VFH1 (YLL056C) promoter is vanillin-inducible and enables mRNA translation despite pronounced translation repression caused by severe vanillin stress in Saccharomyces cerevisiae.

    Science.gov (United States)

    Nguyen, Trinh Thi My; Ishida, Yoko; Kato, Sae; Iwaki, Aya; Izawa, Shingo

    2018-03-25

    Vanillin, furfural, and 5-hydroxymethylfurfural (HMF) are representative fermentation inhibitors generated during the pretreatment process of lignocellulosic biomass in bioethanol production. These biomass conversion inhibitors, particularly vanillin, are known to repress translation activity in Saccharomyces cerevisiae. We have reported that the mRNAs of ADH7 and BDH2 were efficiently translated under severe vanillin stress despite marked repression of overall protein synthesis. In this study, we found that expression of VFH1 (YLL056C) was also significantly induced at the protein level by severe vanillin stress. Additionally, we demonstrated that the VFH1 promoter enabled the protein synthesis of other genes including GFP and ALD6 under severe vanillin stress. It is known that transcriptional activation of VFH1 is induced by furfural and HMF, and we herein verified that Vfh1 protein synthesis was also induced by furfural and HMF. The null mutant of VFH1 delayed growth in the presence of vanillin, furfural, and HMF, indicating the importance of Vfh1 for sufficient tolerance against these inhibitors. The protein levels of Vfh1 induced by the inhibitors tested were markedly higher than those of Adh7 and Bdh2, suggesting the superior utility of the VFH1 promoter over the ADH7 or BDH2 promoter for breeding optimized yeast strains for bioethanol production from lignocellulosic biomass. This article is protected by copyright. All rights reserved.

  8. Patients who are candidates for subacromial decompression have more pronounced range of motion deficits, but do not differ in self-reported shoulder function, strength or pain compared to non-candidates

    DEFF Research Database (Denmark)

    Witten, Adam; Clausen, Mikkel B; Thorborg, Kristian

    2018-01-01

    -reported shoulder function, shoulder strength, ROM, and pain in patients with SIS considered candidates and non-candidates for subacromial decompression (SAD). METHOD: Self-reported shoulder function (Q-DASH and SPADI), maximum isometric muscle strength in shoulder abduction (Abd-strength) and external rotation (ER...... or non-candidates for SAD based on their consultation with an orthopedic specialist blinded to test results and self-reported shoulder function. All outcomes and age, gender, weight and duration of symptoms were compared using the unpaired t test or Mann-Whitney's U test as appropriate. RESULTS: One.......3 vs. 3.7, p = 0.02, effect size = 0.21). No other differences were found between the groups. CONCLUSION: A decrease in abduction and internal rotation range of motion, and increased pain during maximal abduction strength effort are associated with being considered a candidate for subacromial...

  9. A radiation condition in some regions with more pronounced effect of the Chernobyl accident. Otnosno radiatsionnoto systoyanie v nyakoi rajoni s po-izrazeno vliyanie ot avariyata v Chernobil i ot AETS 'Kozloduj'

    Energy Technology Data Exchange (ETDEWEB)

    Ivanov, I V; Ivanov, I M

    1993-01-01

    The radioecological condition of the Devin region situated in the Rodopes mountain (Bulgaria) has been investigated for the period October 1992 - March 1993. It is believed that the Rodopes were more significantly affected by the Chernobyl accident in comparison with other regions of Bulgaria. Some regions near Kozloduy NPP have been chosen for comparing, for which there are more detailed investigations of the anthropogenic radiation effects. Analysis of the background radiation is made, specific soil and water samples are tested. The alterations in the radiation conditions of the Devin region are analysed. Some conclusions and predictions for the trends in further alterations of the background radiation are made. As a result a draft regional program for environment protection reclamation is prepared. (V.K.).

  10. Pronounced effects of the nominal concentrations of WO3 and Ag: WO3 nano-plates (obtained by a co-precipitation method) on their structural, morphological and optical properties

    Science.gov (United States)

    Rajendran, V.; Deepa, B.

    2018-03-01

    Tungsten oxide and different concentration of silver (Ag)-doped tungsten oxide nano material were synthesized by co-precipitation technique. The functional vibrations, structure, and morphology of as-prepared nano material were studied by Fourier transmission infrared spectroscopy, X-ray diffraction, scanning electron microscopy (SEM) and High-resolution transmission electron microscopy (HR-TEM) techniques. The SEM and HR-TEM analysis revealed the formation of nano-plate/nano rods with an average diameter of 40-80 nm diameter and 1-1.5 mm length. Fluorescence (PL) and UV-visible absorption techniques have been used to study the optical properties of the prepared nanoparticles. The observed red shift in the visible absorption spectra confirmed the promoted electron-phonon interaction in WO3 and Ag: WO3 nanoparticles compared to bulk structures. The photoluminescence of nanocrystalline Ag2+ doped WO3 exhibited a strong violet-blue, blue-green emission. Concentration dependence of the emission intensity of Ag2+ in WO3 was studied, and the significant concentration was found to be 0.5% of Ag: WO3. The effluent dye degradation executed for the 0.5% of Ag: WO3 sample under the visible light which reveals the highest degradation efficiency in appropriate time.

  11. Judicial Performance Review in Arizona: A Critical Assessment

    Directory of Open Access Journals (Sweden)

    Rebecca White Berch

    2014-12-01

    Full Text Available Judicial performance evaluations are a relatively new tool for assessing judges and providing information to voters to help them determine whether to retain judges in contested or retention elections. Arizona implemented its judicial evaluation program about 20 years ago, and since that time, the state has continually strived to improve its process. The result is that today Arizona has one of the most progressive and comprehensive judicial performance evaluation programs in the United States. This article takes a critical look at the strengths and weaknesses of Arizona’s program, keeping in mind two key values that the system seeks to protect: judicial accountability and judicial independence. Las evaluaciones del rendimiento judicial son una herramienta relativamente nueva para evaluar a los jueces y ofrecer información a los votantes, que les ayude a decidir si quieren reelegir a los jueces en las elecciones. Arizona implementó su programa de evaluación judicial hace unos 20 años, y desde ese momento, el Estado se ha esforzado continuamente en mejorar el proceso. El resultado es que hoy en día, Arizona tiene uno de los programas de evaluación del rendimiento judicial más progresistas e integrales de los Estados Unidos. Este artículo ofrece una mirada crítica a las fortalezas y debilidades del programa de Arizona, teniendo en cuenta dos valores clave que el sistema trata de proteger: la responsabilidad judicial y la independencia judicial. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533868

  12. O protagonismo judicial e as políticas públicas / The judicial leadership and public policy

    Directory of Open Access Journals (Sweden)

    Mauricio Amorim

    2016-07-01

                                     Abstract: This study aims to analyze the judicial control of public policies. Thus, the doctrinal concept of these policies will be explained, and the delimitation of political harvest and develops. A brief overview of the division of powers is necessary, in order to better define what can be considered as judicial activism. About this same theme of activism, will be shown that there is no consensus on their classification, but it depends on the time and place to be analyzed. A relevant discussion on the possible Reserve Theory is demonstrated, as well as whether or not their use when analyzing the legitimacy of judicial intervention in the sphere of activities of the other two branches of government. Finally, the subject of judicial intervention at the present time will be studied, and their possible consequences for democracy. Keywords: Public policy; Judicial activism; Possible reserve theory.

  13. Is judicial integrity a norm?
    An inquiry into the concept of judicial integrity in England and the Netherlands

    Directory of Open Access Journals (Sweden)

    Jonathan Soeharno

    2007-06-01

    Full Text Available Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.

  14. ATIVISMO JUDICIAL E ESTADO DE DIREITO

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo Dieder Reverbel

    2009-04-01

    Full Text Available O presente trabalho insere-se na Teoria do Estado e no Direito Constitucional. Parte da natural sociabilidade do humano para demonstrar que o Estado de Direito nasce para servir a pessoa, e esta abdica parte de sua liberdade em prol de um convívio harmônico e pacífico dentro da sociedade. Delimita, mesmo que não desenvolva, o que entende ser os princípios de Estado de Direito. Após, insere o estudo dentro das duas principais famílias de direito: common law e romano-germânica; apresentando o princípío prevalente em cada uma delas: legalidade e processualidade. Desenvolve distinção de McILWIAN entre  jurisdictio y gubernaculum, pois o Estado de Direito só pode ser aquele que delimite e proteja uma área restrita à  Política, e uma área restrita ao  Direito. Por fim, antes da conclusão e da bibliografia, mostramos  os  entraves que o  ativismo judicial  – inclusive colacionando jurisprudências – tem gerado para o florescimento de um Estado de Direito racional.

  15. [Mistakes and omissions in judicial reports prepared in emergency services].

    Science.gov (United States)

    Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva

    2009-03-01

    We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.

  16. STUDY REGARDING THE LEGAL OR JUDICIAL REHABILITATION OF PERSONS ENGAGED IN ECONOMIC ACTIVITIES

    Directory of Open Access Journals (Sweden)

    Amelia MIHAELA DIACONESCU

    2018-03-01

    Full Text Available The consequences derived from any sentence pronounced for a crime committed by a major person, pertains to the constitutional law, administrative law, civil law, family law labor law or commercial law and consist in legal effects of criminal or extra-criminal nature, perpetual or long term ones which result from the fact of the criminal conviction itself and put the convict in a disadvantageous situation. Having a legal tool character by which the legal consequences resulting from a conviction cease or, in a larger sense, a legal tool character by which the ex-convicts are legally reintegrated in the society, its effects consist in the same.

  17. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...

  18. Judicialization of International Relations: Do International Courts Matter?

    Czech Academy of Sciences Publication Activity Database

    Malíř, Jan

    2013-01-01

    Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences

  19. Judicial Review of Antitrust Decisions: Q&A

    Directory of Open Access Journals (Sweden)

    Roberto Giovagnoli

    2015-07-01

    Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.

  20. Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM

    African Journals Online (AJOL)

    Fr. Ikenga

    Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.

  1. Judicial Decisions in the Field of Labour Law.

    Science.gov (United States)

    International Labour Review, 1993

    1993-01-01

    Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)

  2. Canadian Cases before the Judicial Committee of the Privy Council

    OpenAIRE

    MacMillan, Catharine

    2015-01-01

    A paper by Professor Catharine MacMillan (Professor of Law and Legal History, University of Reading) exploring the enduring legacy of the Judicial Committee of the Privy Council on the development of Canadian law.

  3. Reassessing Judicial Independence and Impartiality against the Backdrop of Judicial Appointments in South Africa

    Directory of Open Access Journals (Sweden)

    Koos Malan

    2014-12-01

    Full Text Available The South African Judicial Service Commission (JSC, considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC, are bent on pursuing the policy of transformation. Hence they insist that the composition of the bench must reflect the national population profile and on individual judges' pursuing the ruling party's ideological goals. The liberals reject this as a threat to judicial independence and the professional competence of the judiciary. On close analysis the clash is based on incompatible interpretations of judicial independence and impartiality. This article is a critique of these interpretations against the backdrop of an assessment of what these notions can reasonably be expected to achieve. It is argued that the liberals are harbouring unrealistic views about judiciaries, believing them to wield power which may even extend over matters of political significance, powers on a par with or even outweighing those of the political branches. However, on proper analysis it is clear that the judiciary is in fact, firstly, inherently weak and dependent on the support of the political branches; and, secondly, it is integrated into the ruling elite with whom they share the same ideological assumptions without any inclination to oppose them. Hence, the impartiality of the courts, when it comes to politically sensitive issues, is distinctively politically (regime relative and ideologically conditioned. Ironically the transformationists have bought into the liberals' erroneous belief in the potency of the courts (in the above-mentioned sense

  4. Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2015-03-01

    Full Text Available Review of the following book: Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013. pp. 364, 45.00 GBP (paperback. ISBN: 8757429154

  5. Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2014-01-01

    Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an

  6. Public Politics of Health and Aspects of its Judicialization

    Directory of Open Access Journals (Sweden)

    Rafael Fernando dos Santos

    2015-12-01

    Full Text Available This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed at to reduce the risk of disease and other becomes, ensuring also the universal and equal access to actions and services for its promotion, protection and recovery. With this approach it is intended to analyze the feasibility and consequences of judicial control of social and economic policies of promotion, protection and recovery, access, anyway, the effective flow to the fundamental right. Relating to the methodological aspects employed in the analysis of the issue concerning to the health, it was searched in the interpretation of constitutional provisions that secure the subjective right the starting point of the analysis as well as the unwavering appreciation of inseparability of judicial control in the context of public policy, assessing possible limits of the judicial branch, and then to realize a brief analysis of previous trial in the Supreme Court and extract from this jurisprudencial context the minimum goals for aspects of health judicialization.

  7. Judicial System Restructuring and Modernization in Abu Dhabi

    Directory of Open Access Journals (Sweden)

    Lawrence Groo

    2008-01-01

    Full Text Available The purpose of this article is to provide a practical overview of the recently initiated modernization of Abu Dhabi’s judicial system. Beginning in 2007, Abu Dhabi’s Government launched a comprehensive effort to transform the Emirate’s judicial system. While the implementation of these reforms is ongoing, with the adoption of the law in May 2007 establishing the new judicial architecture the initial phase of the modernization program is already complete. The restructuring process encompasses court management and administration reform, a new judicial training regime, a redesigned organizational structure for the Emirate’s Judicial Department and courts, and the establishment of a system-wide strategic planning and budgeting process. Many of these initiatives are supported by applying advanced IT-based applications. Given the early achievements and ambitious broader aims of the restructuring process, Abu Dhabi’s example is relevant not only to the other Emirates within the Federal UAE system, but also within the context of the wider Middle East region.

  8. Public Policy Environment: legalization and judicial activism for sustainable development

    Directory of Open Access Journals (Sweden)

    Belinda Pereira da Cunha

    2017-04-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.

  9. A judicial review of political questions under Islamic law

    Directory of Open Access Journals (Sweden)

    Abdulfatai O. Sambo

    2014-06-01

    Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

  10. Modernization experience of judicial policy post soviet countries

    Directory of Open Access Journals (Sweden)

    O. A. Antoniuc

    2014-12-01

    The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other post­Soviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the model­speakers of judges, the development of pre­trial (mediation and alternative (arbitration courts forms of dispute resolution.

  11. Judicial police, functions and its development in Albania

    Directory of Open Access Journals (Sweden)

    Asllan Dogjani

    2016-03-01

    Full Text Available This article aims at a consistent search of the opinions about the judicial police as one of the subjects, contained in the Albanian criminal procedural law. In article 30 of the Albanian Criminal Procedure Code, are sanctioned the functions, division, addiction and judicial police duties. In the initial phase, the preliminary investigations are the basis of criminal proceedings. This phase includes evidences that cannot be replicated, the security measures are set, it is performed the notice of suit and necessary datas are collected. Searching, tracking, capture and bringing before trial of the perpetrators is considered as one of the oldest activities of human being. The need to ensure these regulations and the aim to prevent the consequences of any criminal activity has forced societies and different states to establish special investigative bodies (investigation and to determine by time their rights and obligations. So judicial police organs were provided and charged with competences and legal responsibility for the detection, crime preventions and research, capturing and bringing before the court, individuals or groups who commit criminal activities. From a comparative overview of legislation of the judicial police in several countries around the world, it is shown that there is no extreme change in structures and organizational patterns of these bodies, missions, powers and responsibilities they exercise (Elezi, 1997, 13. Judicial police in Albania has also been and is one of the important subjects of the criminal proceedings. In the historical perspective these bodies have had mixed origins and nature, and in different times they were military or civilian institutions. In this context, main purpose of this paper is the analysis of judicial police in

  12. Democracy and judicial activism: some considerations about causes and consequences

    Directory of Open Access Journals (Sweden)

    Claudio Ladeira de Oliveira

    2015-06-01

    Full Text Available In this paper I discuss the conflicting relationship between the “judicial activism” and representative democratic procedures. First, I discuss some definitions that enhance aspects “normative/prescriptive” of “activists” judicial positions and the functioning of “real existing” democratic institutions. Second, we discuss patterns of arguments that are used by courts to decide politically controversial issues as well as political and institutional factors that stimulate the occurrence of “activists” positions.

  13. Organic Law Of Judicial Guarantees And Constitutional Control

    Directory of Open Access Journals (Sweden)

    Ernesto López Freire

    2013-01-01

    Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.

  14. El uso de la información judicial (The use of judicial information

    Directory of Open Access Journals (Sweden)

    Volkmar Gessner

    2011-02-01

    Full Text Available Los datos empíricos de juzgados y sistemas judiciales se analizan con mucha frecuencia tanto en estudios comparativos, como en estudios económicos y sociológicos, sin embargo, los agentes implicados en proyectos de reformas judiciales como jueces, profesores de derecho, funcionarios o políticos no hacen un uso adecuado de los mismos. Este artículo sugiere que esto tiene un origen estructural, que asigna roles sociales diferentes a estos actores. Una solución puede ser la creación de centros de investigación especializados. Una aproximación más amplia, plural y democrática es buscar la transparencia en internet, dando acceso al público general a todo tipo de documentos, incluyendo estadísticas judiciales y estudios empíricos. Se han visitado y categorizado en función de su contenido gran número de páginas web de juzgados, para conocer el nivel de transparencia judicial. Las primeras posiciones en cuanto al nivel de transparencia lo han obtenido algunas páginas anglosajonas, que ofrecían información legal, económica, organizacional y empírica, y que además ofrecían ayuda para utilizar estos datos. Sin embargo, este esfuerzo no alcanza su objetivo si la información no se utiliza. Si se quiere medir el uso real de los contenidos de las páginas judiciales no es suficiente con contar su número de visitas, sino que es necesario conocer más sobre las motivaciones que generan esas visitas. Afortunadamente, se ha encontrado un sitio web (mexicano que ofrece información sobre los visitantes: sus preocupaciones, su “historia” e incluso sus nombres y (en ocasiones su lugar de residencia. Estas peticiones se han evaluado cuidadosamente, y se analizan en este artículo. Se ha descubierto que hay una gran demanda de información empírica sobre los juzgados y las prácticas judiciales. La transparencia en internet parece ser una solución, aunque todavía se deben explorar las mejores formas de ofrecer la información judicial

  15. The King's Return: The Mutation In Classical Division Of Powers By Judicialization Of Social Relations And Judicial Activism

    Directory of Open Access Journals (Sweden)

    Kelly de Souza Barbosa

    2017-02-01

    Full Text Available Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of constitutional jurisdiction, through the phenomena of judicialization and judicial activism because the intervention of the Judiciary in the primary functions of other powers. Using deductive and descriptive method, bibliographical and documentary research, we tried to point out the harms that the invasive action of the Judiciary causes to the functional balance between the powers and democracy.

  16. Judicial Decisions in the Field of Labour Law.

    Science.gov (United States)

    International Labour Review, 1982

    1982-01-01

    Presents a selection of summaries of recent judicial decisions in a number of countries concerninq the application of general legal principles to contracts of employment, acquired rights, liability of employers and workers, access to employment, nature of the employment relationship, and more. (Editor/CT)

  17. Iberian (South American) Model of Judicial Review: Toward Conceptual Framework

    Science.gov (United States)

    Klishas, Andrey A.

    2016-01-01

    The paper explores Latin American countries legislation with the view to identify specific features of South American model of judicial review. The research methodology rests on comparative approach to analyzing national constitutions' provisions and experts' interpretations thereof. The constitutional provisions of Brazil, Peru, Mexico, and…

  18. THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS

    Directory of Open Access Journals (Sweden)

    Gheorghe BOCSAN

    2018-05-01

    Full Text Available EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in criminal matters, which produces numerous application instruments, among them the first and most productive is the European Arrest Warrant. This paper studies also the common standard and paradigm that all instruments based upon the free movement of judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory and optional grounds of refusal, the partial removal of double criminality requirement etc.

  19. Quality of Judicial Organisation and checks and balances

    NARCIS (Netherlands)

    Ng, G.Y.

    2007-01-01

    This PhD project explores the possibility of creating a normative way of assessing quality of the judicial organisation by arguing that legitimacy is related to the functioning of the organisation. This further leads to the idea that the judiciary can be held constitutionally accountable for its

  20. The Legitimizing Function of Judicial Rhetoric in the Eugenics Controversy.

    Science.gov (United States)

    Hasian, Marouf, Jr.; Croasmun, Earl

    1992-01-01

    Investigates the possibility that judicial policymaking is responsive to the situational exigencies created in part through public discourse. Investigates the elite and public perspectives regarding the eugenics controversy in the 1920s to explore the emergent relationship between the public and technical spheres of argument. (SR)

  1. 12 CFR 263.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Stays pending judicial review. 263.41 Section... SYSTEM RULES OF PRACTICE FOR HEARINGS Uniform Rules of Practice and Procedure § 263.41 Stays pending... the effectiveness of all or any part of its order pending a final decision on a petition for review of...

  2. 17 CFR 10.106 - Reconsideration; stay pending judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Reconsideration; stay pending... COMMISSION RULES OF PRACTICE Appeals to the Commission; Settlements § 10.106 Reconsideration; stay pending... operate to stay the effective date of the Commission's order. (b) Stay pending judicial appeal—(1...

  3. A Call for Restorative Justice in Higher Education Judicial Affairs

    Science.gov (United States)

    Clark, Karen L.

    2014-01-01

    This paper aims to provide support for post-secondary institutions' exploring and implementing restorative justice in their judicial practices. Although restorative principles have been employed successfully across the globe in criminal proceedings and K-12 education, most colleges and universities have not yet embraced this practice. By exploring…

  4. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    Aulona Haxhiraj

    2013-07-01

    In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

  5. Judicial review of Shaik's medical parole a viable option

    African Journals Online (AJOL)

    Dr. Loammi Wolf

    The normative quality of pre-conviction equality is therefore much ..... not signal a relationship of subordination typical of an internal executive hierarchy. .... The Judicial Service Commission in South Africa usually consists of ...... he was sighted at an upmarket French restaurant where a lunch party was held to celebrate his.

  6. Matching Judicial Supervision to Clients' Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2006-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status…

  7. 41 CFR 128-1.8010 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...

  8. How Many Cases? Assessing the Comparability of EU Judicial Datasets

    NARCIS (Netherlands)

    E.A. Ontanu (Elena); M Velicogna (Marco); F. Contini (Francesco)

    2017-01-01

    markdownabstractEfficiency is often considered a key component of any effective justice system, and a crucial drive for economic growth. A growing body of comparative studies explores how judicial reforms leading to a greater efficiency or effectiveness are positively correlated with economic growth

  9. Judicial Reform Pursuits in Ethiopia, 2002-2015:

    African Journals Online (AJOL)

    EN_Stebek

    research on specific themes related with judicial reform. 1 Report and ... focused on legal education and law reform; the second, on basic needs legal aid; the third ... realities that brought about the challenges in achievement because the most .... (a) when the judiciary's public reputation for political impartiality and rectitude.

  10. Methodologies for Measuring Judicial Performance: The Problem of Bias

    Directory of Open Access Journals (Sweden)

    Jennifer Elek

    2014-12-01

    Full Text Available Concerns about gender and racial bias in the survey-based evaluations of judicial performance common in the United States have persisted for decades. Consistent with a large body of basic research in the psychological sciences, recent studies confirm that the results from these JPE surveys are systematically biased against women and minority judges. In this paper, we explain the insidious manner in which performance evaluations may be biased, describe some techniques that may help to reduce expressions of bias in judicial performance evaluation surveys, and discuss the potential problem such biases may pose in other common methods of performance evaluation used in the United States and elsewhere. We conclude by highlighting the potential adverse consequences of judicial performance evaluation programs that rely on biased measurements. Durante décadas ha habido una preocupación por la discriminación por género y racial en las evaluaciones del rendimiento judicial basadas en encuestas, comunes en Estados Unidos. De acuerdo con un gran corpus de investigación básica en las ciencias psicológicas, estudios recientes confirman que los resultados de estas encuestas de evaluación del rendimiento judicial están sistemáticamente sesgados contra las mujeres y los jueces de minorías. En este artículo se explica la manera insidiosa en que las evaluaciones de rendimiento pueden estar sesgadas, se describen algunas técnicas que pueden ayudar a reducir las expresiones de sesgo en los estudios de evaluación del rendimiento judicial, y se debate el problema potencial que estos sesgos pueden plantear en otros métodos comunes de evaluación del rendimiento utilizados en Estados Unidos y otros países. Se concluye destacando las posibles consecuencias adversas de los programas de evaluación del rendimiento judicial que se basan en mediciones sesgadas. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533937

  11. The World Bank Inspection Panel and Quasi-Judicial Oversight: In Search of the 'Judicial Spirit' in Public International Law

    NARCIS (Netherlands)

    A. Naudé Fourie (Andria)

    2009-01-01

    textabstractThis PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author

  12. Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

    Directory of Open Access Journals (Sweden)

    David Kosař

    2017-03-01

    Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

  13. Judicial Performance and Experiences of Judicial Work: Findings from socio-legal research by Sharyn Roach Anleu & Kathy Mack: Commentary

    Directory of Open Access Journals (Sweden)

    Gar Yein Ng

    2014-12-01

    Full Text Available This commentary examines the contribution in this edition by Roach Anleu & Mack, based on arguments that reducing judicial performance evaluation (ergo any professional performance to that which is easily measurable removes the human aspect of that performance, and is therefore less accurate. Here, “measurable” is meant as focusing only on the “outward performance”, “interaction with stakeholders” and how judges perform in relation to numbers of cases. Compared to such organisational standards, judicial codes of ethics or other written codes reflect the more traditional values of the judiciary, such as independence and impartiality. This can be seen e.g. in the experiences of the Organisation for Security and Cooperation in Europe in supporting the use of judicial performance standards. The argument in the paper, supported by this commentator, is that such exercises are superficial and more depth is needed to capture the entirety of the judicial experience using the model presented. Este comentario analiza el artículo de Roach Anleu y Mack en este número, en base a los argumentos de que limitar la evaluación del rendimiento judicial (ergo cualquier rendimiento profesional a lo que es fácilmente medible elimina el aspecto humano de ese rendimiento, y es por lo tanto menos preciso. Aquí, por “medible” se entiende lo que está centrado únicamente en el “rendimiento exterior”, la “interacción con los interesados” y el rendimiento de los jueces en relación con el número de casos. En comparación con estas normas de organización, los códigos judiciales de ética u otros códigos escritos reflejan los valores más tradicionales de la judicatura, como la independencia o imparcialidad. Esto puede verse, por ejemplo, en las experiencias de la Organización para la Seguridad y la Cooperación en Europa en apoyar el uso de las normas de rendimiento judicial. El argumento del artículo, apoyado por esta autora, es que estos

  14. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Science.gov (United States)

    2010-10-01

    ... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

  15. 25 CFR 11.438 - Flight to avoid prosecution or judicial process.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...

  16. 40 CFR 123.30 - Judicial review of approval or denial of permits.

    Science.gov (United States)

    2010-07-01

    ... permitting process. A State will meet this standard if State law allows an opportunity for judicial review... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Judicial review of approval or denial... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of...

  17. Judicial astrology in theory and practice in later medieval Europe.

    Science.gov (United States)

    Carey, Hilary M

    2010-06-01

    Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. These include the work of John Dunstaple (ca. 1390-1453), the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory.

  18. Minimalismo judicial ¿Cass Sunstein en la Corte Constitucional?

    Directory of Open Access Journals (Sweden)

    Mario Cajas Sarria

    2007-12-01

    Full Text Available Cass Sustein Unstein es hoy en día uno de los principales expositores de la tesis del minimalismo judicial, metodología de adjudicación que puede ser utilizada por el máximo órgano de control constitucional cuando interpreta la Constitución. En este artículo se exponen las principales características y ventajas de esta metodología, así como una comparación con las otras formas de adjudicación presentes actualmente en el derecho estadounidense. Posteriormente, se analiza el uso dado al minimalismo judicial por la Corte Constitucional de Colombia en el control que ésta realiza a la legislación, prestando especial atención a los argumentos presentados por la Corte para declarar inconstitucional el estatuto antiterrorista del año 2003.

  19. The Judicial Regime of Danube Navigation between 1856- 1919

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2015-08-01

    Full Text Available The basics of the judicial regime of Danube navigation, in the moern sens of the term, were inserted in the Peace Treaty in Paris, March 30, 1856, concluded at the end of Crimeea War. This judicial act of international law ended a situation in the area of the large European river where the rules were imposed by the big empires of Austria, Turkey and Russia, according to their interests. The rights and interests of the riverains such as the Romanian states, Serbia, Bulgari etc. were ignored and brutally violated. Until 1919, the European Danube Commission, institution created by the Paris Treaty, has contributed to the modernization of the lower Danube and development of navigation in this sector. This paper aims at clarifying to a certain extent the circumstances of the regulation of navigation during the reference period of time in this naval sector.

  20. Responsible Communication between the Judicial and Deontological Norm

    Directory of Open Access Journals (Sweden)

    Daniela Aurelia Popa

    2010-07-01

    Full Text Available Confronting with numerous problems related to moral judgment, the responsibility and irresponsibility in what concerns the vast domain of communication, we are interested in forming a correct and complete vision that crosses the judicial and deontological domain of the profession. The deontological norms are meant to guarantee, by their freely consented acceptance, the good fulfillment of the mission of the journalists, recognized as being indispensable for the god functioning of any human society. The laws do not expressly refer to the deontological norms, but these norms exist according to the law order and are necessary for its guarantee in this social context, which is chaotic from the point of view of the legislation in communication. The aspects analyzed here aremeant to indicate the manner in which passing from deontological norm to the judicial norm creates an external constraint for the communicator which brings more responsibility in view of avoiding the journalistic conflicts.

  1. Constitutional provisions on judicial independence and EU standards

    Directory of Open Access Journals (Sweden)

    Kolaković-Bojović Milica

    2016-01-01

    Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.

  2. Disability inquiries shorn from Chicago's judicial review process.

    Science.gov (United States)

    1997-03-07

    The Chicago Bar Association changed the wording of the questions it routinely asks judicial candidates for election and appointment to the bench. Prior to the change, the request for information was so broad that the bar association could learn the candidate's HIV status through a questionnaire that gave the result of the candidate's last physical examination. The new wording better reflects the spirit and intent of the Americans with Disabilities Act (ADA).

  3. THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY

    Directory of Open Access Journals (Sweden)

    Diana Anca Artene

    2014-11-01

    Full Text Available As a result of the integration within the European Union, in the economical and social life of Romania, new judicial entities have been developed. The cluster is amongst the most recent advent in the judicial spectre. The cluster represents a group of people both individuals and legal persons which is considered to act on the basis of an association contract conceptualized under the existent agreements of the organizations found within the spectrum of science and accredited innovation and/or accredited higher education institutions ,as well as, other noncommercial institutions. At the same time, economic agents, local public administrative authorities, employers` or professionals associations, non-judicial individuals, financial institutions, international organizations, local and foreign investors are relevant for the emergence of the scientific and educational research activities, as well as for the technological transfer of the scientific and innovative results and their valorisation through economical activities. 2 Therefore, it can be argued that the cluster has appeared as a result of the necessity to create a proper environment that would reunite the business partners in order to develop common resources and competences. These are based on similar marketing strategies, the participation to similar projects and initiatives, the opportunity to create a brand, etc. An additional circumstance that has determined the development of this entity in its more recent form, is represented by the possibility of ensuring (at least in a pageant manner the independence for every partner on the basis of the dualism between competition- cooperation. The cluster can be organized as an entity with or without judicial personality. The definition of the cluster makes us reflect upon the ways in which it can be constituted: legal person with lucrative purpose, legal person without lucrative purpose, association without legal personality (simple association of

  4. The Role of Communication in the French Judicial System

    OpenAIRE

    Emmanuel Jeuland; Anastasia Sotiropoulou

    2012-01-01

    Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

  5. The Role of Communication in the French Judicial System

    Directory of Open Access Journals (Sweden)

    Emmanuel Jeuland

    2012-12-01

    Full Text Available Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

  6. A judicial review of political questions under Islamic law

    OpenAIRE

    Abdulfatai O. Sambo; Hunud Abia Kadouf

    2014-01-01

    The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

  7. Public Politics of Health and Aspects of its Judicialization

    OpenAIRE

    Rafael Fernando dos Santos; Angelina Cortelazzi Bolzam

    2015-01-01

    This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed...

  8. Confrontation Between Judicial Activism and State of Exception

    Directory of Open Access Journals (Sweden)

    Alexandre Pedro Moura D’Almeida

    2017-01-01

    Full Text Available The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and democratic state.

  9. Explaining judicial corruption in the courts of Chile, Peru and Ecuador

    Directory of Open Access Journals (Sweden)

    Santiago Basabe-Serrano

    2013-07-01

    Full Text Available This article identifies the main variables that explain judicial corruption in Chile, Peru, and Ecuador. Improving the current methodological strategies used to measure judicial corruption and incorporating endogenous and exogenous variables in the model, this article argues that legal training of the judges, respect for the judicial career, and the fragmentation of political power explain different degrees of judicial corruption. Through a comparative diachronic and synchronic research design of Chile, Peru and Ecuador, the article shows institutional designs with more legal steps will be more inclined to illegal payments or other types of judicial corruption.

  10. O Judicial Review e o ativismo judicial da Suprema Corte americana na proteção de direitos fundamentais

    Directory of Open Access Journals (Sweden)

    Estefania Maria de Queiroz Barboza

    2016-12-01

    Full Text Available Resumo: No presente artigo examinaram-se as origens históricas do judicial review nos Estados Unidos da América desde o caso Marbury v. Madison até a Corte Burger, bem como os reflexos de sua concepção no chamado “ativismo judicial” norte-americano, o qual acabou por priorizar o papel da jurisdição constitucional na proteção dos direitos fundamentais garantidos na Constituição, mesmo que isso implicasse enfrentar questões tipicamente políticas. Ou seja, apresentaram-se casos nos quais a Suprema Corte atuou de forma ativista especialmente na proteção de direitos fundamentais, embora em outros momentos tenha atuado justamente no sentido contrário, como na Era Lochner, numa postura conservadora em relação à proteção de direitos. Palavras-chave: Ativismo judicial. Suprema Corte. Estados Unidos. Judicial Review.

  11. Formula over Function? From Algorithms to Values in Judicial Evaluation

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

    Full Text Available This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual judges and on the legal quality of the single case, new quantitative methods and formulas are being introduced to assess efficiency, productivity and timeliness of judges and courts. Building on two case studies, from Spain and the Netherlands, the paper illustrates two contrasting approaches to judicial performance evaluation. On the one hand individual judges' productivity is evaluated through quantitative data and mathematical algorithms: in the extreme case considered here, judge's remuneration was adjusted accordingly. On the other hand quantitative and qualitative data, collected by a variety of methods and theoretical frameworks, are used as the basis of a multi-layered negotiation process designed to find a synthesis between competing economic, legal and social values aimed at improving overall organizational performance. Considering the flaws of unidimensional measurement and evaluation systems and considering the incommensurability of the results of the multiple evaluative frameworks (economic, legal, sociological required to overcome such flaws, the authors argue there is a need for political dialogue between relevant players in order to allocate the values appropriate to judicial evaluation. Este artículo analiza las formas y efectos de la “invasión” de los “templos de la ley” por nuevas formas económicas y de gestión como la evaluación del rendimiento. Mientras que la evaluación judicial tradicional se ha centrado en la forma de seleccionar y promocionar a jueces individuales, y en la calidad jurídica de un caso individual, hoy en día se están introduciendo nuevos métodos cuantitativos y fórmulas para determinar la eficiencia, productividad y oportunidad de jueces y

  12. Trajetória da revisão judicial no desenho constitucional brasileiro: tutela, autonomia e judicialização The trajectory of judicial review in the brazilian constitutional design: tutelage, autonomy and judicialization

    Directory of Open Access Journals (Sweden)

    Ernani Carvalho

    2010-04-01

    Full Text Available As instituições judiciárias ficaram por muito tempo na sombra dos fenômenos e da teoria política estudadas na América Latina. Neste texto trago algumas reflexões em torno de uma dessas instituições, a revisão judicial. A ideia central é demonstrar a trajetória deste instrumento jurídico que se tornou uma peça chave no entendimento da judicialização da política no Brasil. Neste sentido, tentaremos mapear os fatores que potencializam a judicialização da política tomando como pano de fundo a evolução das instituições judiciais brasileiras no período republicano, especificamente as instituições responsáveis pela revisão judicial.The judicial institutions remained for a long time in the shadow of the political phenomena and theory in Latin America. This article presents some thoughts on one of these institutions, the judicial review. The main idea is to demonstrate the trajectory of this legal instrument that has become a key piece to understand the judicialization of politics in Brazil. In this sense, the paper tries to identify the factors that lead to the judicialization of politics, considering as background the evolution of the judicial institutions in Brazil during the republican period, and in particular the institutions responsible for the judicial review.

  13. The Political Context of Judicial Review in Indonesia

    Directory of Open Access Journals (Sweden)

    Fritz Edward Siregar

    2015-08-01

    Full Text Available Indonesia Constitutional Court will celebrate 12th birthday this August 2015, and it cannot be denied that the Court play significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continue to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution and continue to do so. The first Chief Justice Jimly showed how within five years of the Court’s creation, he could strategically maximise its momentum and build up the Court as a respectful institution. The Chief Justice Mahfud MD was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud MD brought the Court to a level far beyond the imagination of the Constitution drafters. Parliament and President tried to limit Court’s authority, not ones, and the Court able to overcome those constrain. Current various available studies observed only how the Court issued their decision and solely focus to the impact of the decision. Scholars slightly ignore that study about the Court, by reducing other constitutional actor in Indonesia, produce study about the Court itself isn’t complete. In fact, political environment in which the Court operated at that time is one of utmost importance the strengthen of the Court institutional legitimacy. This paper is trying to discover the rise of the Indonesia Constitutional Court, not from what the Court did, but from political environment outside the court. Political parties realize that the Court is the only institution that act as political dispute resolution among them. Political parties maturity and political constraint are the key factor that support the development of the Court’s institutional power.

  14. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

    Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

  15. Procedural Justice Elements of Judicial Legitimacy and their Contemporary Challenges

    Directory of Open Access Journals (Sweden)

    Nina Persak

    2016-09-01

    Full Text Available Low trust in courts has been recorded in many EU countries. According to the procedural justice paradigm, this phenomenon has negative repercussions for judicial legitimacy, since people who (or when they distrust an authority tend also not to perceive this authority as legitimate (which, in turn, has consequences for their compliance and cooperation with this authority and its decisions. Legitimacy of judiciary, objectively conceived, has several elements, some of which are connected to procedural justice concerns. This article focuses on the latter. In the second part, moreover, the article addresses some of the possible challenges to the judicial procedural justice, drawing on sociological and socio-legal observations regarding legal institutions in the late modern world, where, for example, efficiency-oriented goals mix with justice- and other public good-oriented ones, often creating internal pressures that may impact on the legitimacy of the institution in question. Numerosos países de la UE han registrado una baja confianza en los tribunales. Según el paradigma de la justicia procesal, este fenómeno tiene repercusiones negativas para la legitimidad judicial, ya que las personas que (o cuando desconfían de una autoridad, también tienden a no percibir esta autoridad como legítima (lo que, a su vez, tiene consecuencias para su conformidad y cooperación con esta autoridad y sus decisiones. La legitimidad del poder judicial, concebida de forma objetiva, tiene diversos elementos, algunos de los cuales están relacionados con las preocupaciones de la justicia procesual. Este artículo se centra en estos elementos. En la segunda parte, además, el artículo aborda algunos de los posibles desafíos de la justicia de procesal, basándose en observaciones sociológicas y sociojurídicas relacionadas con las instituciones legales en el mundo moderno reciente, donde, por ejemplo, los objetivos orientados a la eficiencia se mezclan con objetivos

  16. Science and judicial proceedings--seventy-six years on.

    Science.gov (United States)

    French, Robert

    2009-10-01

    The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

  17. Internacionalização e ativismo judicial: as causas coletivas Internationalization and judicial activism: the collective causes

    Directory of Open Access Journals (Sweden)

    Fabiano Engelmann

    2006-01-01

    Full Text Available O artigo pretende fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de modalidades de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: uma primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional, pela catalogação das decisões judiciais na Corte Interamericana de Direitos Humanos e em tribunais brasileiros. Uma segunda dimensão de análise aborda, com base em entrevistas, casos representativos de promoção de causas coletivas nas décadas de 1990 e 2000. Essas duas dimensões permitem avançar a hipótese de que a redemocratização política nacional e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial legitimados no espaço jurídico em diferentes períodos.The article intends the analysis of the relation between the phenomenon of internationalization of Law and the emergency of modalities of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed: the first one displays an exploratory panorama of the collective causes in the national and international scene, out of a survey of the profile of demands of the Inter-American Court of Human Rights and Brazilian courts. The second dimension approaches, from interviews, representative cases of promotion of collective causes in the decades of 1990 and 2000. These two dimensions allow to advance the hypothesis that the national political redemocratization and the constitution of international networks of circulation of political and legal causes contribute for the definition of the profiles of judicial activism legitimated in the legal space in different periods.

  18. Juristocracy in Brazil Ran Hirschl's Perspective About Judicial Empowerment

    Directory of Open Access Journals (Sweden)

    Claudia Maria Barbosa

    2015-12-01

    Full Text Available Within the classical view of separation of powers, the judiciary originally occupied the weaker position. What is observed today, however, is a displacement of power from representative institutions to the judiciary, erecting a new kind of political regime that the Canadian political scientist Ran Hirschl called juristocracy. This paper intends to discuss this movement basing on the idea of hegemonic preservation, presented by Hirschl in his work Towards Juristocracy whose central hypothesis is that the political, economic and social elites voluntarily transfer power to the judiciary, when threatened of losing their hegemony in the political sphere. In Brazil, the 1988 Constitution turned the Supreme Court into one of the world's most powerful courts, which works at the same time as constitutional court, court of appeals and criminal court, responsible for deciding the most fundamental issues for brazilian society. We present at first, the examples used by Hirschl to illustrate his thesis about the judicial empowerment through constitutionalization, analyzing the political and economic changes in recent history of Israel, Canada, New Zealand and South Africa, followed by an analysis of the phenomenon in Brazil. We conclude that it is not possible to determine, in principle, the occurrence of hegemonic preservation in Brazil, but that Hirschl's analysis that offers an answer that challenges the traditional view on the judicialization of politics, contributes to the discussion and analysis of the phenomenon in Brazil.

  19. ['Judicialization' of public health policy for distribution of medicines].

    Science.gov (United States)

    Chieffi, Ana Luiza; Barata, Rita Barradas

    2009-08-01

    The supply of medicines in response to court orders or injunctions has become a common practice in the State of São Paulo, Brazil. This 'judicialization' of the health system clashes with basic principles of the Brazilian Unified National Health System (SUS), such as equal opportunity to access health services. The aim of this paper is to analyze the legal action used to obtain medicines through the São Paulo State Health Department, from two main angles: judicialization of public policies and breach of the equity principle. This is a descriptive study of legal action taken to obtain medicines through the São State Health Department, as listed in the Electronic Court Docket System for the year 2006. Most cases were filed through private attorneys; 47% of the patients had obtained their prescriptions through private care; and 73% of the cases involved patients from the three wealthiest areas in the city of São Paulo. The data demonstrate that such legal action violates key principles of the SUS such as equity, thereby privileging individuals with higher purchasing power and more access to information.

  20. Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union

    DEFF Research Database (Denmark)

    Butler, Graham

    2018-01-01

    incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order....

  1. The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.

    Science.gov (United States)

    Blanco, Luisa

    2016-01-01

    This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.

  2. The Principle of Judicial Cooperation New Code of Civil Procedure: An Analysis Protection from the Worker Front of the Institute of Judicial Recovery

    Directory of Open Access Journals (Sweden)

    Patricia Fernandes Bega

    2016-10-01

    Full Text Available The article is subject to study the Principle of Judicial Cooperation. The problem of research focuses on the conflict between the institution of bankruptcy and labor laws. The initial hypothesis is that the principle of protection to workers and the Judicial Recovery Institute reveal clash, contradiction and non-cooperation. In this way, the work seeks to demonstrate that the procedural rule of judicial cooperation brought about by the new CPC is an instrument of dialogue between material contradictions. The objective is to analyze the new civil procedure code and the difficulty to cooperate the irreconcilable. The method used was deductive.

  3. Judicial protection of pension rights: problems of theory and practice

    Directory of Open Access Journals (Sweden)

    Marina G. Sedelnikova

    2018-01-01

    Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

  4. Matching Judicial Supervision to Clients’ Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2007-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

  5. THE IMPACT OF COURTROOM CAMERAS ON THE JUDICIAL PROCESS

    Directory of Open Access Journals (Sweden)

    Scott Campbell

    2017-07-01

    Full Text Available The sensational trial of Richard Bruno Hauptmann for the kidnapping and murder of Charles Lindberg’s young son in 1935 marked the starting point of the debate regarding the propriety of allowing cameras in courtrooms during judicial proceedings. This debate intensified during and following the 1994-1997 trial of O.J. Simpson. At issue is how a court must weigh the Sixth Amendment right of the accused to a public trial and the First Amendment right to a free press, as well as its own interest in preserving the dignity and decorum of the courtroom. This paper examines the history, Federal rules, seminal court cases, and California rules concerning cameras in the courtroom in the context of these important Constitutional issues. This research provides qualitative data from 208 California judges that help explain some of the thinking by those who are empowered to accept or reject requests to record court proceedings.

  6. Separating Judicial from Legislative Reasoning in Moral Dilemma Interviews.

    Science.gov (United States)

    Langford, Peter E

    1997-12-01

    Unlike previous studies of the development of reasoning about moral dilemmas, the 2 studies reported separated judicial reasoning (the application of rules) from legislative reasoning (the justification of rules), as well as attending to other aspects of context, using a modification of the weakly interpretive scoring method of Langford and D'Cruz. This assigns justifications to relatively simple conceptually defined categories. Findings were in accord with substantially modified versions of the views of Piaget and Kohlberg, according to which legislative reasoning can be divided into 3 main types of stages in the period 7-21 years: heteronomy (Piaget) or egocentrism (Kohlberg); local groups (attention to group interests, harmony, and reciprocity in local groups), wider groups (attention to these thing in wider groups). Findings contradicted Gibbs's theory.

  7. Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice

    Directory of Open Access Journals (Sweden)

    Andrey Kashanin

    2016-01-01

    Full Text Available This article analyzes the current state of the debate on the minimum level of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends and contradictions that arise in the course of the application of various criteria for copyrightability. An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion for copyrightability have dropped drastically. Today’s standards are similar to those of the former American ‘sweat of the brow’ doctrine. But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content. First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dying out. Thirdly, there is currently a trend for giving a large scope of protection to works of low authorship. As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain – which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it establishes a basis for unintended copyright violations being penalized. This amounts to a classical case of overprotection.

  8. Promoting Justices: Media Coverage of Judicial Nominations in Israel

    Directory of Open Access Journals (Sweden)

    Bryna Bogoch

    2014-10-01

    Full Text Available This paper compares the framing of the coverage of judicial appointments in Israel in 2008 in two newspapers with nomination news from preceding years and to the patterns of press coverage in the U.S. A content analysis of 101 Supreme Court nomination articles indicated that unlike the political frame of American coverage, the press in Israel preserves its ostensible commitment to the professionalism of judges while linking the Supreme Court to political maneuvering in the selection of candidates. These findings are discussed within the context of the media's role in constructing judicial nominations as a debate about the role of the Supreme Court in Israeli society. Este artículo compara el marco de la cobertura de los nombramientos judiciales en Israel en 2008 en dos periódicos, con noticias de nombramientos de años anteriores y en los Estados Unidos, con los patrones de cobertura de prensa en los EE.UU. Un análisis de contenido de 101 artículos de nombramientos de la Corte Suprema indicó que, a diferencia del marco político de la cobertura de América, la prensa en Israel consierva su aparente compromiso con la profesionalidad de los jueces, a pesar de que relaciona la Corte Suprema con maniobras políticas en la selección de candidatos. Estos resultados se discuten en el contexto del papel de los medios de comunicación en la construcción de los nombramientos judiciales como un debate sobre el papel de la Corte Suprema en la sociedad israelí. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2478756

  9. Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

    Science.gov (United States)

    2009-03-01

    provided to preserving individual rights by “. . . narrowing the range of rights- violative options available to the government in the next emergency...relationship with the government as agent )142 who sounds a “fire alarm,” by bringing a complaint before the...Judicial Review,” 24-30. 142 Ibid., “Judicial Review Supports Popular Sovereignty by Mitigating the Principal- Agent Problem that Lies at the Heart of

  10. The judicial reception of competition soft law in the Netherlands and the UK

    NARCIS (Netherlands)

    Georgieva, Zlatina

    2015-01-01

    The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial

  11. Judicial Review: Issues of State Court Involvement in School Finance Litigation.

    Science.gov (United States)

    Colwell, William Bradley

    1998-01-01

    Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

  12. 32 CFR 270.13 - No right to judicial review or legal cause of action.

    Science.gov (United States)

    2010-07-01

    ... DEMOCRATIC REPUBLIC OF VIETNAM Payment § 270.13 No right to judicial review or legal cause of action. Subject... 32 National Defense 2 2010-07-01 2010-07-01 false No right to judicial review or legal cause of..., and such review is specifically precluded. This part does not create or acknowledge any legal right or...

  13. 39 CFR 4.5 - Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector. 4.5 Section 4.5 Postal Service UNITED STATES POSTAL SERVICE THE... Counsel, a Judicial Officer, a Chief Postal Inspector, and such number of officers, described in 39 U.S.C...

  14. The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?

    NARCIS (Netherlands)

    Prechal, A.

    2015-01-01

    Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case

  15. The judicial reception of competition soft law in the Netherlands and the UK

    NARCIS (Netherlands)

    Georgieva, Zlatina

    2016-01-01

    The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law

  16. 16 CFR 1502.11 - Judicial review after waiver of hearing on a regulation.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Judicial review after waiver of hearing on a regulation. 1502.11 Section 1502.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS... petition for judicial review in a U.S. court of appeals under the appropriate statute. (1) The record for...

  17. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Science.gov (United States)

    2010-01-01

    ... judicial seizure and condemnation. 329.6 Section 329.6 Animals and Animal Products FOOD SAFETY AND... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass...

  18. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...

  19. HISTORIOGRAPHY GENERAL, REGIONAL AND SPECIAL STUDIES OF JUDICIAL REFORM IN RUSSIA 1864

    Directory of Open Access Journals (Sweden)

    Sergei Evgenievich Strakhov

    2014-10-01

    Full Text Available In today's world, a crucial role is played by the judiciary. In the period lasting judicial reform, it is important to explore this institution not only at the present stage, but also to trace the history of its development, including - through analysis and synthesis of existing studies of the judiciary and judicial reforms.The purpose of this study - to explore the historiography of general, special and regional studies of judicial reform of1864 inRussia, to classify research on history and on the subject of the study.Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the significant weight of the studies of the judicial reform of 1864 and classified by facilitating orientation interested in individuals in the study subjects.The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.The author analyzes the historiography of general, special and regional studies of the judicial reform of1864 inRussia, introducing a classification of such studies in chronological order (pre-revolutionary, Soviet and modern stages and subject matter (common - affecting all aspects of judicial reform, special - dedicated to a particular aspect (legal agencies, prosecutors, legal, etc. and regional - dedicated to judicial reform, or some aspects of it in some regions of Russia.The results of this study are scientific and practical value, because they can be useful for teaching students - in industry disciplines "judiciary", "advocacy", "notary public", "public prosecutor's supervision" and general theoretical "History of State and Law," "History of the fatherland" ; in science - by picking up information about the historiography of the judicial reform, and in practice - said work can serve as a guide to research judicial reform, which may be useful to practitioners of judicial and investigative bodies, as well as - prosecutors

  20. Constitutionalization of judicial independence: In comparative law and in Serbian legislation

    Directory of Open Access Journals (Sweden)

    Pejić Irena

    2014-01-01

    Full Text Available The aim of this paper is to point out that the guarantees of judicial independence have to be regulated by the Constitution as they create de iure framework for the independence of the judiciary in the rule of law system. The author is aware that the constitutional guarantees are per se insufficient and that their primary features may yield different effects depending on the political environment and cultural matrix in which they take effect. The judicial system operates in the circumstances of the separation of powers, where the independent judiciary is corroborated a guarantee of the rule of law. Hence, it is important to concurrently elaborate on the institutional and personal guarantees of judicial independence, focusing on the responsibility of the political authorities to create a relevant social environment for the operation of the independent judiciary as well as on the responsibility of the judiciary to independently exercise their judicial function. The author's intention in this paper is to provides a comparative analysis on the guarantees of independent judiciary and the minimum rules that constitute the cohesive core which serves as the common meeting grounds not only for the EU member states but also for all countries of the European-Continental legal system in their efforts to ensure the judicial independence as the primary condition for exercising the rule of law. The corpus of constitutional guarantees on independent judiciary includes the following elements: the judicial appointments and termination of a judicial office; the permanence of the judicial office and impartiality in decision-making processes; the professional responsibility and judicial immunity; as well as the recently established judicial councils, which have been given the constitutional authority to protect the independence of the judiciary.

  1. Aspectos Relevantes de la Organización del Poder Judicial Español: Selección y Formación de Jueces, la Reforma de la Secretaria Judicial y la Figura del Secretario Judicial

    Directory of Open Access Journals (Sweden)

    Daniel Polignano Godoy

    2015-12-01

    Full Text Available El presente artículo, a fin de contribuir a los estudios sobre la política judicial, la gestión y la administración de la justicia en Brasil, ofrece una visión general de algunos aspectos relevantes de la organización del Poder Judicial español a saber, la selección y formación de los magistrados, la reforma de la secretaria judicial y la figura del secretario judicial, que son temas de interés actual en vista de las similitudes socio-culturales y jurídicas, y la coincidencia entre los problemas que enfrentan los poderes judiciales de Brasil y España. Aunque no contenga una sugestión de "importación" de soluciones acríticas extranjeras, propone una profundización del estudio de estos puntos, con el fin de evaluar los posibles impactos positivos que tuvieron en el caso español y verificar si no serían medidas interesantes a aplicarse en el escenario brasileño, especialmente en el caso de la secretaria judicial, cuya función consiste en aliviar el juez de la gestión de la unidad administrativa y de trabajos "burocráticos", para centrarse en la función judicial, al mismo tiempo en que permitiría la centralización y la especialización de la gestión y del trabajo administrativo.

  2. International judicial cooperation by means of direct aid in the fight against international abduction of children in Brazil and Colombia

    OpenAIRE

    Mizuta, Alessandra; Pontifícia Universidade Católica do Rio Grande do Sul; Hendges, Carla Evelise Justino; Pontifícia Universidade Católica do Rio Grande do Sul

    2015-01-01

    This paper addresses the issue of international judicial cooperation by the direct assistance. It reflects on the impact of globalization on the state, the law and the legal systems. Contextualize the reduction of the effectiveness of the rights and the crisis of the process. Adresses the international judicial cooperation as a tool to promote integration of various judicial systems, necessary in a complex and interconnected world in judicial cooperation, there is the direct assistance as a m...

  3. Judicial review and transitional justice: Reflective Judgment in three contexts

    Directory of Open Access Journals (Sweden)

    Mihaela Mihai

    2010-01-01

    Full Text Available Este artículo busca examinar las vías a través de las cuales las cortes de revisión constitucional han intentado discernir con sentimientos públicos dentro de sociedades emergentes de una situación de opresión y conflicto de alta escala. Un análisis comparativo de decisiones de revisión judicial de la Hungría post-comunista, de la Sudáfrica post-Apartheid y de la Argentina post- dictadura como casos que muestran como los jueces han, con mayor o menor éxito, reconocido y engranado pedagógicamente sentimientos sociales negativos de resentimiento e indignación hacia antiguos víctimarios y beneficiarios de violencia. Así, el artículo espera cimentar el camino para investigaciones de mayor envergadura sobre uno de las dimensiones más descuidadas de sociedades post-confictuales: la influencia pública.

  4. Treatnebt if Addiction - Clinical and Judicial Perspectives: Two Case Reports

    Directory of Open Access Journals (Sweden)

    Sofia Fonseca

    2013-12-01

    Full Text Available The sporadic or chronic use of drugs and alcohol is directly related to conduct disorders and to the triggering of psychopathological states of sub-acute or chronic course. The excessive consumption of alcohol and excessive traffic/consumption of illicit drugs by individuals without mental illness or disability are actions of free will; they are therefore criminally responsible for their behaviour, even if they commit a crime during the state of intoxication, which the individual chose voluntarily to experience. In clinical practice, it is widely accepted that the treatment of these disorders is only effective when the patient accepts it voluntarily and that involuntary commitment (compulsive treatment is only carried out when the psychopathological state associated justifies the presuppositions of Article 12 of the Mental Health Law. However, if the compulsive treatment is of a penal character, mandated by a judge, the individual is obligated to accept treatment, independent of whether or not he suffers from mental illness. The authors present two case studies, one of drug addiction, the other of alcoholism, and discuss the clinical and judicial perspectives on the treatment of these clinical entities.

  5. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

  6. ELECTRONIC EVIDENCE IN THE JUDICIAL PROCEEDINGS AND COMPUTER FORENSIC ANALYSIS

    Directory of Open Access Journals (Sweden)

    Marija Boban

    2017-01-01

    Full Text Available Today’s perspective of the information society is characterized by the terminology of modern dictionaries of globalization including the terms such as convergence, digitization (media, technology and/or telecommunications and mobility of people or technology. Each word with progress, development, a positive sign of the rise of the information society. On the other hand in a virtual environment traditional evidence in judicial proceedings with the document on paper substrate, are becoming electronic evidence, and their management processes and criteria for admissibility are changing over traditional evidence. The rapid growth of computer data created new opportunities and the growth of new forms of computing, and cyber crime, but also the new ways of proof in court cases, which were unavailable just a few decades. The authors of this paper describe new trends in the development of the information society and the emergence of electronic evidence, with emphasis on the impact of the development of computer crime on electronic evidence; the concept, legal regulation and probative value of electronic evidence, and in particular of electronic documents; and the issue of electronic evidence expertise and electronic documents in court proceedings.

  7. 20 CFR 418.3610 - Is there administrative or judicial review for administrative actions that are not initial...

    Science.gov (United States)

    2010-04-01

    ... Administrative Review Process § 418.3610 Is there administrative or judicial review for administrative actions... reviewed by us, but they are not subject to the administrative or judicial review process as provided by... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there administrative or judicial review...

  8. Does Judicial Independence explain Post-transitional Justice? ¿Puede la independencia judicial explicar la justicia postransicional?

    Directory of Open Access Journals (Sweden)

    Elin SKAAR

    2012-10-01

    Full Text Available Post-transitional justice in Latin America started in the Southern Cone in the mid-1990s and gradually spread to a number of countries which are seeking to address the human rights violations committed during the authoritarian regimes that dominated the continent from 1970s to the early 1990s. To distinguish trials at the time of transition from trials that take place years into the consolidation phase, this article develops a theoretical framework that explains variations in the propensity to prosecute the military for gross human rights violations (i.e., the number of trials across time and across countries. The main argument presented here is that constitutional reforms have made Latin American judges more prone to prosecute the military for past human right violations because judges now enjoy more independence from powerful Executives and the hierarchy of the judicial system has loosened, making lower court judges less dependent on their superiors. As a result, judges, especially those sympathetic to a human rights agenda, can push prosecutions more forcefully than they could before.La justicia postransicional se inició en el Cono Sur de América Latina a mediados de la década de 1990 y gradualmente se ha expandido a otros países que buscan afrontar violaciones de derechos humanos cometidas durante los regímenes autoritarios que dominaron el continente desde la década de 1970 hasta inicios de la década de 1990. Para diferenciar los juicios de la transición de los juicios que se llevaron a cabo años después durante la fase de consolidación democrática, este artículo desarrolla un marco teórico que explica las variaciones en la tendencia a juzgar a los militares por graves violaciones de derechos humanos (por ejemplo, el número de juicios a lo largo del tiempo y entre países. El argumento principal que aquí se presenta es que las reformas constitucionales han hecho que los jueces latinoamericanos sean más propensos a perseguir

  9. Court’s Precious Time: Transparency, Honor and Judicial Scarce Resources

    Directory of Open Access Journals (Sweden)

    Boaz Shnoor

    2017-12-01

    Full Text Available While many judicial systems in the Western World are coping with a shortage of judges, the public is not always aware of the overload and its reasons. Our claim is that the reason for this, is the fact that the judicial system preferred to preserve an ideal image of the judiciary and control all information about it, rather than to publicize the judicial overload problem. In this paper, we aim to show that until recently, the issue of “judicial overload” was hidden from the public eye. We deal with the importance and advantageous of presenting the relevant facts to the public. We shall empirically show, that the judicial system has begun to legitimize the exposure of judicial overload to the public.Si bien es cierto que muchos sistemas judiciales del mundo occidental están lidiando con la escasez de jueces, también lo es que el público no siempre es consciente de la sobrecarga de trabajo y de sus razones. Nosotros afirmamos que la razón de ello es que el sistema judicial ha preferido preservar una imagen ideal de la judicatura y controlar toda la información acerca de ella antes que hacer público el problema de la sobrecarga de trabajo de los jueces. En este artículo, pretendemos mostrar que, hasta hace poco, la cuestión de la "sobrecarga de los jueces" ha permanecido oculta a ojos del público. Tratamos el tema de la importancia y la ventaja que supone presentar los hechos relevantes al público, y demostraremos empíricamente que el sistema judicial ha comenzado a aprobar la exposición de la sobrecarga judicial al público. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3039584

  10. Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment

    Directory of Open Access Journals (Sweden)

    Belinda Pereira Cunha

    2016-12-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.

  11. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

  12. Ultima Ratio and the Judicial Application of Law

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2013-01-01

    Full Text Available The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the major readings of the justification of the ius puniendi – deontological and utilitarian – are related to the idea of a restrained resort to criminalisation and penal sanction. The role of the main protagonists in relation to punishment is next considered: transgressor, community and victim. The issues of impunity and overpunity are also considered in this part. The second part of the paper analyses the possible effects of ultima ratio, a general politico-moral principle mainly addressed to the legislator, on the application of the law by the judges. It is then turned into something closer to a general legal principle. The impact of ultima ratio on the different sub-decisions of the judicial application of the criminal law is spelt out in the decisions on qualification, evidence (inferences, interpretation and consequences in sentencing. Next, the role of ultima ratio on decisions in appeal and in cassation is analysed. The third part and conclusion deals with the main ideologies of ultima ratio and the wider issue of its role in securing a guarantee oriented criminal law in Europe. En este artículo se aborda, en primer lugar, el carácter de ultima ratio como principio, su relación con otros principios en el derecho penal. Después de descartar los enfoques que rechazan cualquier papel del principio de ultima ratio como el derecho penal del enemigo, las lecturas principales de la justificación del ius puniendi, deontológico y utilitarista, están relacionadas con la idea de un recurso restringido a la criminalización y sanción penal. A continuación, se analiza el papel de los protagonistas principales relacionados con el castigo: transgresor, comunidad y víctima. En esta parte tambi

  13. Proof of patient information: Analysis of 201 judicial decisions.

    Science.gov (United States)

    Dugleux, E; Rached, H; Rougé-Maillart, C

    2018-05-01

    The ruling by the French Court of Cassation dated February 25, 1997 obliged doctors to provide proof of the information given to patients, reversing more than half a century of case law. In October 1997, it was specified that such evidence could be provided by "all means", including presumption. No hierarchy in respect of means of proof has been defined by case law or legislation. The present study analyzed judicial decisions with a view to determining the means of proof liable to carry the most weight in a suit for failure to provide due patient information. A retrospective qualitative study was conducted for the period from January 2010 to December 2015, by a search on the LexisNexis ® JurisClasseur website. Two hundred and one judicial decisions relating to failure to provide due patient information were selected and analyzed to study the characteristics of the practitioners involved, the content of the information at issue and the means of proof provided. The resulting cohort of practitioners was compared with the medical demographic atlas of the French Order of Medicine, considered as exhaustive. Two hundred and one practitioners were investigated for failure to provide information: 45 medical practitioners (22±3%), and 156 surgeons (78±3%) including 45 orthopedic surgeons (29±3.6% of surgeons). Hundred and ninety-three were private sector (96±1.3%) and 8 public sector (4±1.3%). Hundred and one surgeons (65±3.8% of surgeons), and 26 medical practitioners (58±7.4%) were convicted. Twenty-five of the 45 orthopedic surgeons were convicted (55±7.5%). There was no significant difference in conviction rates between surgeons and medical practitioners: odds ratio, 1.339916; 95% CI [0.6393982; 2.7753764] (Chi 2 test: p=0.49). Ninety-two practitioners based their defense on a single means of proof, and 74 of these were convicted (80±4.2%). Forty practitioners based their defense on several means of proof, and 16 of these were convicted (40±7.8%). There was

  14. Slavic anthroponyms in the judicial decisions of Demetrios Chomatenos

    Directory of Open Access Journals (Sweden)

    Dželebdžić Dejan

    2006-01-01

    Full Text Available The present paper deals with personal names mentioned by Demetrios Chomatenos which can with some certainty be identified as Slavic in origin. For the greater part, these are well-known Slavic names, often of Common Slavic origin, also attested in other Slavic languages. A couple of uncommon names is also attested, such as Svinjilo and Svinja (Sbēniloz, Sbina. Among the names of non-Slavic origin, it is the Saints' names that are most commonly found, but some others are attested as well, like Kuman, Sarakin or Kandid all of them well known among the South Slavs. The Slavonic ethnicity of the carriers of these names can as a rule be established by tracing their family relations. In the course of the 11th and 12th centuries, family names became quite common and stable in Byzantium, at least with aristocratic families. As first noted by Jacques Lefort, some paroikoi on the territories belonging to the monasteries of the Holy Mountain had family names, too, but these tended to appear sporadically and to disappear after some time. Demetrios Chomatenos' judicial decisions show that at that period family names were carried by the majority of the inhabitants of Byzantine Macedonia, Epirus and other regions (including women, sometimes even monks, not only the members of the elite. However, the Slavic population of these regions still often stuck to the ancient custom of naming a person only with a personal name sometimes supplemented by a patronymic. This notwithstanding, more than twenty persons did have, apart from their Slavic name, another one, usually of Christian origin. Although the data do not always allow for an unequivocal identification of the functions of each of these names, it can be safely assumed that they are not instances of double personal names, but rather that the name of Christian origin functions as a personal name, the Slavic one as a family name. This is quite certain for the family of Svinjilos from Berroia (Ponem. Diaph. 81

  15. Public scientific expertise and judicial risks: the case of radon

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    2000-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Even if public authorities have set up an embryo of regulations, for a long time scientists faced the radon issue alone, in producing knowledge, informing about their results, providing advice to public authorities, various bodies and individuals, and in participating in the process of technical standardisation. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions, experts are exposed to 'judicial risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because of the lack of a legal framework for public scientific expertise. The situation is confused: there is a growing will to involve scientific experts in decision-making in the field of public health, especially when the precautionary principle is at stake, and in parallel, no real materialisation of this expertise in terms of regulations, which puts on experts' shoulders some new responsibilities. Moreover we can observe a generalised increase in the attribution of blame and penal responsibility in French society which make the position of all actors involved more uncomfortable. We know that radon, as a domestic risk, is particular in many ways. Nevertheless, it can be used in an analysis of scientists' roles/actions and of the legal difficulties they face, to illustrate appropriately the problems that arise as expertise is developed about new risks. (author)

  16. INTERPRETACIÓN CONSTITUCIONAL Y JUDICIAL. COMO LEER SENTENCIAS JUDICIALES

    Directory of Open Access Journals (Sweden)

    Sergio Rodríguez Alzate

    2010-01-01

    Full Text Available El Estado colombiano es un Estado social de derecho (así lo define el Artículo 1º de nuestra Carta Política, con el cual se busca la realización de la justicia social y la dignidad humana mediante la sujeción de las autoridades públicas a los principios, derechos y deberes sociales de orden constitucional. De allí, se desprende que sea tan importante el Derecho Constitucional, ya que es la principal rama del derecho público por cuanto participa en todos los estamentos propios de lo jurídico y especialmente de la estructura del Estado como base de todo ordenamiento institucional político, razón por la cual al entenderse como la disciplina del derecho encargada de los estudios conceptuales de los estados sociales de derecho, es vital tanto el surgimiento de la Constitución Política como de su interpretación, desde el estudio de sus fundamentos hasta la asimilación de una hermenéutica jurídica que encamine a todos los gobernados por la norma de normas. De acuerdo al concepto anteriormente señalado, se hace necesario valorar el alcance de la Interpretación Constitucional en el contexto general de la Carta Magna facilitando la exégesis judicial y su contenido crítico, llegando a una conexión explicativa de cualquier problema jurídico y extrajurídico.

  17. Reflection on the Judicial Activism or Constructivism: In Perspective of Being an Instrument of Cooperation in Judicial Facing Issues of Social Security and Labor

    Directory of Open Access Journals (Sweden)

    Antonio Gomes de Vasconcelos

    2016-10-01

    Full Text Available The article proposes a present thinking as the possibility of reaching solutions to some social security and labor issues in democratic rule of law using judicial cooperation in the search for effective social law of social security. The current legal constructivism, also called judicial activism in its manifestation of legal instrument to weigh yourself to get and verify the approach of social dialogue for more proactive attitude of the court, in which the actors involved in the conflict are called to have a more active participation on problem situations, requiring them more than mere legal interpretation in philosophical hermeneutics.

  18. Media Exposé of Judicial Corruption in Ghana: Ethical and ...

    African Journals Online (AJOL)

    ... issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. ... He focuses on human rights issues and corruption in Ghana and many parts of ..... Funds meant to help businesses grow and the.

  19. [On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

    Science.gov (United States)

    Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

    2011-01-01

    The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

  20. 28 CFR 50.9 - Policy with regard to open judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... Government attorney has a compelling duty to protect the societal interest in open proceedings. (c) A... closure of part of a judicial proceeding where necessary to protect national security information or...

  1. Evaluation of prescriptions authorized between 2010 and 2011 through judicial protection in Bogotá

    Directory of Open Access Journals (Sweden)

    Alfredo Portilla-Pinzón

    2016-10-01

    Conclusions: Therapeutic rationality issues are evident in prescription drugs ordered by judicial protection, which may involve greater risks to the health of patients. A more rigorous scientific advice is recommended in order to avoid possible interactions and therapeutic duplications.

  2. Constitutional and administrative paradigms in judicial control over EU high and low politics

    OpenAIRE

    Cebulak Pola

    2017-01-01

    This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...

  3. A GUI Prototype for the Framework of Criminal Judicial Reasoning System

    OpenAIRE

    Thammaboosadee, Sotarat; Silparcha, Udom

    2009-01-01

    This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...

  4. A harpoon for Greenpeace?: judicial review of the regulation of radioactive substances

    International Nuclear Information System (INIS)

    Purdue, M.

    1994-01-01

    The judgement is reported on an application by Greenpeace Ltd for a judicial review of the decision by HMI of Pollution and the Ministry of Agriculture, Fisheries and Food to grant BNFL permission to test the new thermal oxide reprocessing plant. An analysis follows examining the issues relating to the process of judicial review in the UK and discussion of some of the substantive points raised by the litigation. (UK)

  5. PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS

    OpenAIRE

    Biehl,João

    2016-01-01

    Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic ...

  6. Access the Unified Health System actions and services from the perspective of judicialization1

    OpenAIRE

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corr?a; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro....

  7. Page | 187 JOINT ACCOUNT CONTRACT: ISSUES, LAW AND ...

    African Journals Online (AJOL)

    Fr. Ikenga

    the contractual relationship of a banker and the joint account operators. ... obligations of the survivor of joint account operators if the other is deceased is what is .... judicial pronouncements highlighted so far, it is evident that Purpose Theory is.

  8. Sexual Diversity in the Judiciary in England and Wales; Research on Barriers to Judicial Careers

    Directory of Open Access Journals (Sweden)

    Leslie J. Moran

    2013-12-01

    Full Text Available Debates about the diversity of the judiciary in the UK have been dominated by gender, race and ethnicity. Sexuality is notable by its absence and is perceived to pose particular challenges. It is usually missing from the list of diversity categories. When present, its appearance is nominal. One effect of this has been a total lack of official data on the sexual composition of the judiciary. Another is the gap in research on the barriers to the goal of a more sexually diverse judiciary. In 2008 the Judicial Appointment Commission (JAC for England and Wales undertook research to better understand the challenges limiting progress towards judicial diversity. A central gaol of the project was to investigate barriers to application for judicial appointment across different groups defined by “sex, ethnicity and employment status”. Sexual orientation was again noticeable by its absence. Its absence was yet another missed opportunity to recognise and take seriously this strand of diversity. This study is based on a response to that absence. A stakeholder organisation, InterLaw Diversity Forum for lesbian gay bisexual and transgender networks in the legal services sector, with the JAC’s approval, used their questionnaire and for the first time asked lesbian, gay, bisexual and transgender lawyers about the perceptions and experiences of barriers to judicial appointment. This paper examines the findings of that unique research and considers them in the light of the initial research on barriers to judicial appointment and subsequent developments.

  9. Democracia e controle jurídico da constitucionalidade Democracy and judicial review

    Directory of Open Access Journals (Sweden)

    Samuel Freeman

    1994-04-01

    Full Text Available O artigo enfrenta a objeção à "revisão judicial" (isto é a autoridade judicial para julgar a constitucionalidade dos atos dos poderes da República que a considera uma instituição antidemocrática. A revisão judicial pode ser democraticamente justificada. Para isso teremos que pensá-la como um compromisso coletivo prévio assumido pelos cidadãos na situação de escolha constitucional, no sentido de que não exercerão seus direitos políticos iguais de formas que coloquem em risco sua própria condição de portadores dos direitos da cidadania igual.Objections to the institution of judicial review as being incompatible with democracy are examined and refuted. Judicial review can be democratically justified, it is argued. This is possible if we conceive it as a previous collective compromise assumed by the citizens in the constitutional choice situation, to the effect that they would not exercise their equal political rights in ways that could put in danger their own condition of bearers of equal citizenship rights.

  10. [The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].

    Science.gov (United States)

    Medeiros, Marcelo; Diniz, Debora; Schwartz, Ida Vanessa Doederlein

    2013-04-01

    This paper evaluates the hypothesis that the judicialization of medicine for mucopolysaccharidosis in Brazil is an action promoted by economic elites. Previous studies upholding the thesis of judicialization by elites in the case of other types of medication that are more costly for the Unified Health Service are discussed. An analysis of all 196 processes containing information about judicial processes brought to court between February 2006 and December 2010 that ended by determining that the State should provide such medication free of charge to patients was conducted. There is evidence that attorneys' fees were covered by entities interested in the results of judicialization, such as the distributors or pharmaceutical industries. Patients may also be migrating for diagnosis and treatment to university centers that are a benchmark for medical innovation in the country, as the option for public health services is related to their higher technical and scientific capacity. Therefore, the resort to private lawyers, indicators of social exclusion based on the address of patients and the use of public health services, are not adequate class information to corroborate or refute the thesis of judicialization by the elites.

  11. STEP TO CIVIL SOCIETY (ON HISTORICAL ROLE OF JUDICIAL REFORM OF 1864

    Directory of Open Access Journals (Sweden)

    Анна Дмитриевна Попова

    2014-12-01

    Full Text Available The article deals with the importance of the judicial reform of 1864 for the course of Alexander's modernization and analyzes the role of the judicial reforms for various aspects of life in the post-reform Russia. There is used a wide range of sources - archival materials, memoirs of contemporaries of that period, publications of periodicals. The author concludes that the judicial reform of 1864 should be considered as a significant step towards civil society. The analysis of the sources shows that the judicial reform of 1864 contributed to the increase in the protection of human rights and freedoms. The activities of new courts changed the public consciousness - in the society there was growing representation of rule of law, necessity to respect the rights and freedoms of others, to meet obligations. The judicial reform played a major role in the process of merging classes, the development of market relations. Thus, the introduction of the controversial independent public trial not only improved the justice, but was also an important step in the formation of civil society in Russia.

  12. Right To Health And Judicialization: A Study About Its Efficiency Of The National Judiciary Forum On Health

    OpenAIRE

    Edith Maria Barbosa Ramos; Isadora Moraes Diniz

    2017-01-01

    In the past few years, the judicialization of health has become a problematic theme to the Judiciary. In this contexto, the National Justice Council to puts itself in the role of promoting a judicial public policy for defense and guarantee of health rights, by the National Judiciary Forum on Health institution. This study aims to evaluate the efficacy of the National Forum practice in offering solutions and alternatives to the health judicialization process. The research was carried out durin...

  13. Derechos sociales y activismo judicial: la dimensión fáctica del activismo judicial en derechos sociales en Colombia

    Directory of Open Access Journals (Sweden)

    Maria Paula Saffon

    2011-05-01

    Full Text Available Desde su creación en 1991, la Corte Constitucional colombiana (en adelante, CCC ha sido uno de los principales protagonistas de la vida política e institucional del país. Su vigorosa intervención en varios asuntos económicos, políticos y sociales ha promovido cambios importantes en el balance institucional de poder, así como en la vida de minorías y grupos sociales tradicionalmente excluidos. Este activismo judicial progresista ha propiciado una gran cantidad de debates académicos y políticos: si bien ha tenido defensores entre algunos académicos, miembros de movimientos sociales, e incluso varios actores políticos y miembros de la rama judicial, también ha tenido muchos críticos entre esos y otros sectores más poderosos.

  14. Constitutional and administrative paradigms in judicial control over EU high and low politics

    Directory of Open Access Journals (Sweden)

    Cebulak Pola

    2017-11-01

    Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.

  15. Tobacco industry use of judicial seminars to influence rulings in products liability litigation

    Science.gov (United States)

    Friedman, L C

    2006-01-01

    Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

  16. FROM THE POLISH WORKS ON THE CODIFICATION OF JUDICIAL PRINCIPLES OF CONDUCT

    Directory of Open Access Journals (Sweden)

    Korzeniewska-Lasota Anna

    2017-12-01

    Full Text Available In the article the author depicts the process of creating the codification of judicial principles of professional conduct. Firstly, the author describes the beginnings of the “model of a good judge”, followed thereafter by discussion in judicial environment on the need of normative conceptualization of the principles of conduct, which would constitute a separate collection. The proposals of the ethical codifications are presented, together with the two concluding works: The Judicial Set of Principles of Conduct [Zbiór zasad postępowania sędziów] created by the Association of Judges “Iustitia” and The Set of Principles of Professional Conduct for Judges and Candidate Judges [Zbiór zasad etyki zawodowej sędziów i asesorów Sądowych] by the National Council of the Judiciary in Poland.

  17. DEBT SECURITIES, SECURITIES IN THE NEW CODE OF CIVIL LAW – THE NEED OF JUDICIAL DISAMBIGUATION

    Directory of Open Access Journals (Sweden)

    Eugenia Florescu

    2012-11-01

    Full Text Available A large part of the wealth is invested in securities, which circulate through documents or specific scriptural records that are located in the memory of the computer. These magnetic or paper-made „supports”, received different names, in law and in doctrine: debt securities, securities, negotiable instruments or commercial securities, equity securities, bearer bonds, financial instruments, transferable securities, stocks, bonds, bill, promissory note, check, et al. These expressions used by the New Code of Civil Law were assumed tale quale from the specialized language of commercial law, without any concern for explaining the foundation and judicial meaning of these legal institutions, and eliminate the ambiguity in this matter. Under such conditions, the analysis is to identify the criteria under which the judicial genre will separate from the judicial species in relation to the law and jurisprudence of the European Union and/or to the regulations specially adopted at national level, over time.

  18. Chastity and Sexual Honesty of Young Women from the Judicial Perspective

    Directory of Open Access Journals (Sweden)

    Gustavo Fondevila

    2008-07-01

    Full Text Available In this article it is analyzed the way in which the judicial scope has outlined the acceptable sexual behavior of young women in the Mexican society. Since the beginning of the 20th century up to now, the constitutive elements of sexual crimes have served to construct a socially acceptable (moral ideal of sexuality for young people. In this sense, social judgments as much as, judicial decisions agree in defining this ideal under the form of chastity, sexual honesty and purity.

  19. The Effectiveness of Discipline/Judicial Processes on Catholic Campuses as Measured by the Rate of Recidivism

    Science.gov (United States)

    O'Reilly, Frances L.; Evans, Roberta D.

    2007-01-01

    University and college campuses in the United States utilize disciplinary/judicial processes to help address student behavioral problems. These include administrative, majority-peer, and minority-peer processes. This descriptive research was undertaken to find which of these three discipline/judicial processes were the most effective. The…

  20. Paradoxes of proof and punishment: Psychological pitfalls in judicial decision making.

    NARCIS (Netherlands)

    de Keijser, J.W.; van Koppen, P.J.

    2007-01-01

    Purpose. This study focuses on two psychological mechanisms that may inadvertently affect judges' decisions on proof of guilt and on punishment. It involves mechanisms that are clearly in conflict with formal judicial doctrine. One hypothesis, the conviction paradox, asserts that, faced with very

  1. Juizados Especiais e Ativismo Judicial à Luz de Luis Alberto Warat

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    Zenildo Bodnar

    2012-07-01

    Full Text Available This article addresses, in a punctual way, some reflections on the judicial activism in the Special Courts camp. It seeks to evaluate the existence of a place for the conciliator in the stir that permeates the procedural and substantial models of legal proceedings. For this, as theoretical references, the postulates of Luis Alberto Warat are used, in order to overcome such dyad in favor of an effective judicial protection, without following the ways of the Free Movement of Law and Instrumentality of Process. For the development of this research, it has been used the inductive method, operated by the operational concepts and techniques of literature.Resumo: O presente artigo aborda de forma pontual algumas reflexões sobre o ativismo judicial na seara dos Juizados Especiais. Procura-se avaliar a existência de um lugar para o conciliador na celeuma que permeia os modelos procedimentalistas e substancialistas de processo jurisdicional. Para tanto, como referencial teórico utiliza-se os postulados de Luis Alberto Warat no intuito de superar a referida díade em favor de uma tutela judicial efetiva, sem que se trilhe os caminhos do Movimento do Direito Livre e da Instrumentalidade do Processo. Utilizou-se, para o desenvolvimento desta pesquisa, o método indutivo, operacionalizado pelas técnicas de conceitos operacionais e da pesquisa bibliográfica.

  2. Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?

    Directory of Open Access Journals (Sweden)

    Karen Eltis

    2014-09-01

    Full Text Available What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary recommendations for more prudent and advised ESM use.

  3. 5 CFR 837.803 - Cancellation of retirement by judicial or administrative authority.

    Science.gov (United States)

    2010-01-01

    ... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority. (a... may only be canceled by the former employing agency in response to a direct and final order of a... requiring cancellation of the annuitant's separation or after the annuitant and the agency agree to cancel...

  4. 12 CFR 513.6 - Duty to file information concerning adverse judicial or administrative action.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Duty to file information concerning adverse judicial or administrative action. 513.6 Section 513.6 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PRACTICE BEFORE THE OFFICE § 513.6 Duty to file information concerning adverse...

  5. Decision or norm: Judicial discretion as a treat to the rule of law

    Directory of Open Access Journals (Sweden)

    Avramović Dragutin

    2012-01-01

    Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.

  6. College Student Perceptions and Learning Points from the Formal University Judicial Process: A Multiple Case Study

    Science.gov (United States)

    Lucas, Christopher M.

    2009-01-01

    For educators in the field of higher education and judicial affairs, issues are growing. Campus adjudicators must somehow maximize every opportunity for student education and development in the context of declining resources and increasing expectations of public accountability. Numbers of student misconduct cases, including matters of violence and…

  7. In the shadow of the judge : The involvement of judicial assistants in Dutch district courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2017-01-01

    While judicial assistants occupy a central position in all types of court systems, the contribution of these staff members to the process of adjudication remains largely unknown, even though their involvement can have significant effects on the perceived quality and credibility of adjudication. This

  8. Access the Unified Health System actions and services from the perspective of judicialization

    Directory of Open Access Journals (Sweden)

    Raquel de Souza Ramos

    Full Text Available Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.

  9. 43 CFR 4.478 - Appeals to the Board of Land Appeals; judicial review.

    Science.gov (United States)

    2010-10-01

    ... appeal to the Board from an order of an administrative law judge granting or denying a petition for a... judicial review under 5 U.S.C. 704 of a final BLM grazing decision if the administrative law judge denies a... decide the appeal promptly. (d) Unless the Board or a court orders otherwise, an appeal under paragraph...

  10. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  11. 39 CFR 962.21 - Appeal of initial decision to judicial officer.

    Science.gov (United States)

    2010-07-01

    ... request for an extension within the initial 30-day period and demonstrates good cause for such extension... is material and that there were reasonable grounds for the failure to present such evidence, the... issued unless a petition for judicial review is filed. [52 FR 12904, Apr. 20, 1987, as amended at 67 FR...

  12. Medical negligence liability under the consumer protection act: A review of judicial perspective.

    Science.gov (United States)

    Joga Rao, S V

    2009-07-01

    It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

  13. 12 CFR 908.67 - Stay of final decision and order pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stay of final decision and order pending... Hearing and Post-hearing Proceedings § 908.67 Stay of final decision and order pending judicial review... the effectiveness of all or any part of an order of the Board of Directors pending a final decision on...

  14. Extra-Judicial Complaints Review: First Experiences of the Dutch Public Procurement Experts Committee

    NARCIS (Netherlands)

    Jansen, C.E.C.; Janssen, J.G.J.; Muntz-Beekhuis, J.S.

    2014-01-01

    Article 4.27 of the Dutch Public Procurement Act 2012 (‘Aanbestedingswet’) provides for a statutory basis for extra-judicial public procurement complaints review by an independent body: The Public Procurement Experts Committee (‘Commissie van Aanbestedingsexperts’), hereinafter referred to as: ‘the

  15. Court-Driven Reform and Equal Educational Opportunity: Centralization, Decentralization, and the Shifting Judicial Role

    Science.gov (United States)

    Superfine, Benjamin Michael

    2010-01-01

    Judicial decisions focusing on equal educational opportunity involve significant issues of educational governance and often involve explicit questions about the extent to which authority to make educational decisions should be centralized or decentralized across various institutions and entities. This review aims at clarifying scholars'…

  16. 14 CFR 406.179 - Judicial review of a final decision and order.

    Science.gov (United States)

    2010-01-01

    ... order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... with a United States district court. (b) In accordance with § 406.9(e)(iv), if a person seeks judicial... civil penalty and does not file an appeal with the United States district court within 60 days after...

  17. Access the Unified Health System actions and services from the perspective of judicialization.

    Science.gov (United States)

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.

  18. Access the Unified Health System actions and services from the perspective of judicialization1

    Science.gov (United States)

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health. PMID:27143542

  19. 44 CFR 5.59 - Judicial relief available to the public.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial relief available to the public. 5.59 Section 5.59 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... the complainant resides, or has his principal place of business, or in which the agency records are...

  20. THE EVOLUTION OF ROMANIAN JUDICIAL SYSTEM SEEN THROUGH THE LAST MONITORING REPORT

    Directory of Open Access Journals (Sweden)

    Florin STOICA

    2016-06-01

    Full Text Available Even though great strides have been made in this direction, Judicial reform and fighting corruption continue to represent major points in the evolution of Romanian society, in the context of compliance with European standards. Mechanism for cooperation and verification will be continue to be an incentive for Romania in the maintenance and evolution of results counted by the European Commission.

  1. Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

    NARCIS (Netherlands)

    I. Bambust (Isabelle); A. Kruger (Albert); T. Kruger (Thalia)

    2013-01-01

    markdownabstract__Abstract__ The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is

  2. Public Litigation and the Concept of “Deference” in Judicial Review

    Directory of Open Access Journals (Sweden)

    Abraham Klaasen

    2015-12-01

    Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

  3. 28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

  4. Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law

    OpenAIRE

    Cebulak, Pola

    2014-01-01

    Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...

  5. Right To Health And Judicialization: A Study About Its Efficiency Of The National Judiciary Forum On Health

    Directory of Open Access Journals (Sweden)

    Edith Maria Barbosa Ramos

    2017-02-01

    Full Text Available In the past few years, the judicialization of health has become a problematic theme to the Judiciary. In this contexto, the National Justice Council to puts itself in the role of promoting a judicial public policy for defense and guarantee of health rights, by the National Judiciary Forum on Health institution. This study aims to evaluate the efficacy of the National Forum practice in offering solutions and alternatives to the health judicialization process. The research was carried out during 2015. Developed descriptive and exploratory research, with bibliographic procedure, documentary and semi-structured interview.

  6. Media Exposé of Judicial Corruption in Ghana: Ethical and Theological Perspectives

    Directory of Open Access Journals (Sweden)

    Adwoa S. Amankwah

    2017-05-01

    Full Text Available Article 162, subsection 5, of the 1992 Constitution of Ghana state s that “all agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana”. Using this constitutional provision that gives the media the power to serve as one of the agents to ensure accountability, this article discusses the media exposé of judicial corruption in Ghana by using the recent video evidence of the investigative journalist, Anas. The article considers issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. It posits that those who pervert justice through corrupt practices, will eventually be named and shamed. The article concludes t hat when the media play their role by respecting high journalistic standards, the cause of justice will be served.

  7. Constitutional and administrative paradigms in judicial control over EU high and low politics

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2017-01-01

    This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external...... to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative...... paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically...

  8. Poder Judicial, transparencia y participación ciudadana: reformas recientes en Argentina

    Directory of Open Access Journals (Sweden)

    Álvaro Herrero

    2014-06-01

    Full Text Available Desde hace más de una década se discute en torno a los problemas de imagen y legitimidad que afectan a gran parte de los poderes judiciales de América Latina. En muchos países de la región –y esto no resulta novedoso– las encuestas indican de manera sostenida que los niveles de confianza de la ciudadanía en el sistema de justicia son preocupantemente bajos (ver informes de Latinobarómetro. Las causas detrás de este diagnóstico son múltiples: falta de independencia de los jueces, obstáculos para el acceso a la justicia, ineficacia del poder judicial para hacer frente a la inseguridad ciudadana y casos de corrupción judicial, entre otras.

  9. Media Exposé of Judicial Corruption in Ghana: Ethical and Theological Perspectives

    Directory of Open Access Journals (Sweden)

    Adwoa S. Amankwah

    2017-05-01

    Full Text Available Article 162, subsection 5, of the 1992 Constitution of Ghana state s that “all agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana”. Using this const itutional provision that gives the media the power to serve as one of the agents to ensure accountability, this article discusses the media exposé of judicial corruption in Ghana by using the recent video evidence of the investigative journalist, Anas. The article considers issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. It posits that those who pervert justice through corrupt practices, will eventually be named and shamed. The article concludes t hat when the media play their role by respecting high journalistic standards, the cause of justice will be served.

  10. Judicial Activism in the Context of the 2011 Egyptian Revolution: Emerging Conceptions of Femininity and Masculinity

    Directory of Open Access Journals (Sweden)

    Monika Lindbekk

    2017-06-01

    Full Text Available This article investigates gender implications of judicial activism within the context of the 2011 revolution. Relying on analysis of a sample of judicial decisions in the field of divorce and child-rearing, I argue that individual judges used the family courts as a platform to articulate alternative legal discourses prior to the 2011 revolution. During the period between February 2011 and the military coup in July 2013 family legislation emerged as a controversial point. The period witnessed the mobilisation of small but vocal fathers’ rights groups that called for a revolution in Egyptian family law and formed strategic alliances with a handful of judges. The latter became members of a legislative committee formed under the presidency of Muhammad Mursi. I investigate the gender implications of their activism against a background where old and new actors and institutions competed over the right to interpret shari’a in an authoritative way.

  11. Judicial aspects of emission trade. Emission trade in the European Union

    International Nuclear Information System (INIS)

    Van Beuge, M.J.J.

    2004-01-01

    Emission trade will start in Europe in 2005. In a series of articles an overview will be given of several juridical aspects with respect to the international and national trade of emission. In part 1 attention was paid to the international judicial basis for the present climate policy. In this article an overview is given of developments with regard to emission trade in the European Union [nl

  12. Judicial and institutional aspects of the nuclear energy peaceful used in Morocco

    International Nuclear Information System (INIS)

    Boudahrain, A.

    1996-01-01

    This document deals with the feasibility of the achievement of an electronuclear program in Morocco. In fact, it claims that all the dimensions (social and human) have not been taken into account. Moreover, the moroccan program will never be self-governing since international constraints are imposed, and financial and technical assistance mean domination by USA and France. Finally, problems of judicial and institutional system set-up are discussed. (TEC)

  13. El procedimiento administrativo disciplinario de la Función Judicial desde la perspectiva constitucional

    OpenAIRE

    Suárez Fernández, María Carolina

    2015-01-01

    La presente investigación académica analiza el procedimiento administrativo disciplinario de la Función Judicial desde el punto de vista constitucional para verificar si en cada una de sus etapas procedimentales se está cumpliendo con las garantías constitucionales del debido proceso y para verificar si los legitimados del procedimiento disciplinario: servidores judiciales sumariados, el órgano administrativo con potestad disciplinaria, los denunciantes, testigos, entre otros, aplican adecuad...

  14. Initiating the judicial review in the European model of constitutional justice

    OpenAIRE

    Stojanović Dragan

    2014-01-01

    Judicial review is the core competence of the constitutional judicature in Europe, which is largely shaped by the Austrian and German models of constitutional justice. In that context, the issue of initiating the constitutional review of legislation is extremely important. Depending on the subject who is authorized to initiate this proceeding, the constitutional review may be twofold: the abstract control and the incidental control. The former type of constitutional review is generally initia...

  15. The gendered effects of family migration law: contextual interpretation as a possible judicial remedy

    Directory of Open Access Journals (Sweden)

    Fulvia Staiano

    2016-06-01

    Full Text Available At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unviable family-related models (e.g., the ʻgood mother ̕ the one-breadwinner family, or a rigid distinction between productive and reproductive work. In other cases, they are due to family migration law’s overlooking of the specific needs and difficulties of immigrant women, within their families and in the broader context of their host countries’ social and normative framework.To effectively expose and correct this gender bias, in this article I propose an alternative view of immigrant women’s right to family life, as a cluster of rights and entitlements rather than as a mono-dimensional right. As a theoretical approach, this construction is better equipped to capture the complex experiences of immigrant women in the European legal space, and to shed light on the gendered effects generated not by individual norms but by the interaction of norms that are traditionally assigned to separated legal domains (e.g., immigration law and criminal law. As a judicial strategy, this understanding is capable of prompting a consideration by domestic and supranational courts of immigrant women not as isolated individuals, but as ‘individuals in context’. I shall define this type of approach as ‘contextual interpretation’, understood as the consideration of immigrant women in the broader contexts of their families, their host societies and the normative frameworks applicable to them. Performed in a gendersensitive manner, a contextual judicial interpretation has the potential to neutralize the gendered effects of certain family migration norms. To illustrate these points, I will discuss selected judicial examples offered by the European Court on Human Rights, as well as from domestic jurisdictions of

  16. [Legal remedies: therapeutic markets and the judicialization of the right to health].

    Science.gov (United States)

    Biehl, João; Petryna, Adriana

    2016-01-01

    This study draw on the struggle of parents of children with mucopolysacchar idosis to access expensive drugs in the name of universal right to health. The work explores how, in Brazil, right-to-health litigation became an alternative pathway to access health care and shows that several public and private stakeholders dispute the judicialization of health. Biotechnology is, therefore, understood to remake human and social worlds as it opens up new spaces of ethical problematization, desire, and political belonging.

  17. Medical negligence liability under the consumer protection act: A review of judicial perspective

    Directory of Open Access Journals (Sweden)

    S V Joga Rao

    2009-01-01

    Full Text Available It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

  18. Execution of the European Arrest Warrant by the Romanian Judicial Authorities

    Directory of Open Access Journals (Sweden)

    Ion Rusu

    2009-06-01

    Full Text Available The unprecedented development of criminality at the social and economical levels, the tendency toglobalize some categories of crimes, of maximum gravity, as terrorism, armament traffic, drug traffic orhuman traffic, have determined the world states to undertake specific measures to prevent, combat and finallyreduce it. The first and most important measure taken by the Europe’s Council, regarding the intensificationof judicial cooperation in criminal matters was the adoption of the European Convention on extradition, inParis on 13 December 1957, completed by the two Additional Protocols in Strasbourg, on 15 October 1975and 17 March 1978. In this context, the release of the Council’s Framework Decision on 13 June 2002 on theEuropean arrest warrant and the procedures of delivery among the member states (2002/584/JAI representeda natural decision, with the purpose of contributing at ensuring a free, secure and just European space. TheEuropean arrest warrant is a judicial decision through which a competent judicial authority of a EuropeanUnion member state solicits the arrest and delivery by another member state, in order to proceed to theprosecution, trial or execution of a penalty or safety measure that is privative of freedom.

  19. LA REFORMA JUDICIAL Y LA BÚSQUEDA DEL ACCESO A LA JUSTICIA EN COLOMBIA

    Directory of Open Access Journals (Sweden)

    José Luis Sánchez Cardona

    2016-01-01

    Full Text Available This article is a reflective study on judicial reform and the quest for access to justice in Colombia, which aims to expose the importance of access to justice as a fundamental basis for all rule of law. Howe- ver, in countries like Colombia that legitimacy is questioned, because they have not been public policies that focus on removing barriers to access to justice, such as the cost of litigation, excessive forma- lism, lack education rights, geographical limitations, the power of the litigants and other barriers that plague society. These limitations are accentuated with the peculiarities of the Colombian judicial system, as it is the legal patronage and the decline of the state in certain areas of the country to dispense justice, so have become the biggest obstacle to discuss a reform of the justice that focuses on open access to the mostvulnerable persons, necessitating a discussion on the challenges of a comprehensive policy based on the citizen to enter the judicial system.

  20. Temporary brittle bone disease: relationship between clinical findings and judicial outcome

    Directory of Open Access Journals (Sweden)

    Colin R. Paterson

    2011-10-01

    Full Text Available There is a wide differential diagnosis for the child with unexplained fractures including non-accidental injury, osteogenesis imperfecta and vitamin D deficiency rickets. Over the last 20 years we and others have described a self-limiting syndrome characterised by fractures in the first year of life. This has been given the provisional name temporary brittle bone disease. This work had proved controversial mostly because the fractures, including rib fractures and metaphyseal fractures, were those previously regarded as typical or even diagnostic of non-accidental injury. Some have asserted that the condition does not exist. Over the years 1985 to 2000 we investigated 87 such cases with fractures with a view to determining the future care of the children. In 85 of these the judiciary was involved. We examined the clinical and radiological findings in the 33 cases in which there was a judicial finding of abuse, the 24 cases in which the parents were exonerated and the 28 cases in which no formal judicial finding was made. The three groups of patients were similar in terms of demographics, age at fracturing and details of the fractures. The clinical similarities between the three groups of patients contrasts with the very different results of the judicial process.

  1. Legislation and judicial practice on illegitimate children in 19th century Serbia

    Directory of Open Access Journals (Sweden)

    Kulauzov Maša

    2014-01-01

    Full Text Available Legal position of non-marital children according to 19th century Serbian legislature and judicial practice is examined in this paper. Provisions and court decisions on personal rights, property rights and rights of succession of illegitimate children are presented and critically analyzed. Children born out of wedlock were not equal to children born in lawful marriage. Therefore, significance of legalization of illegitimate children regarding improvement of their legal status is accentuated. As non-marital relationships were condemned in patriarchal Serbian 19th century society, illegitimate children were considered a product of sin and family disgrace. Hence, legislative and judicial attempts to protect their interests and improve their legal position are emphasized in this paper. Beside legalization, adoption was also the way to better position of illegitimate children in great extent, as adopted child was granted the status of a child born in lawful marriage. That is a reason why judicial practice concerning adoption, widespread in 19th century Serbia, is scrutinized and critically analyzed in the article.

  2. Judicial control authority and third-party action as laid down in the Atomic Energy Law

    International Nuclear Information System (INIS)

    Degenhart, C.

    1981-01-01

    The author points out the fundamental complex of problems. From the 'undetermined' legal term of imperative prevention of damage as defined by Sect. 7 para. 2 (3) of the Atomic Energy Law follows the judicial claim for detailed analysis of facts in case of minor radioactive exposure under normal operation and in case of accident prevention. He discusses the relation of the Atomic Energy Law to the Basic Law and to the normative structure of the Atomic Energy Law. The re-orientation to be found in the judicial approach to control does recognize sanctuaries of the executive. Control density and the right of third parties to take action are closely interrelated. From the integration - according to subjective law and basic law - of the Atomic Energy Law into the realtionship existing between technological and cultural development, and the material relation of licences granted for nuclear installations follows a reduction of judicial control intensity, at least for the procedural constellation of third-party actions. (HSCH) [de

  3. El Poder Judicial Electrónico en Iberoamérica

    Directory of Open Access Journals (Sweden)

    José Miguel Busquets

    2010-07-01

    Full Text Available En este artículo, presentamos el índice del Poder Judicial Electrónico para 8 países de Iberoamérica, a saber: Argentina, Brasil, Costa Rica, Cuba, Chile, España, Portugal y Uruguay. El índice del Poder Judicial Electrónico tiene como objetivo medir el grado de incorporación de las tecnologías de la Información y la Comunicación (TICs en los Poderes Judiciales. El mismo es el resultado de un relevamiento realizado entre abril y agosto de 2013 a informantes calificados, muchos de ellos integrantes de Universidades que pertenecen a la Red LEFIS (Legal Framework for the Information Society. Entre los resultados significativos de esta investigación encontramos: 1 Mientras que las dimensiones de información y gestión del índice son los más desarrollados, las dimensiones de relación y decisión del mismo índice están mucho menos desarrolladas en el conjunto de los 8 países de Iberoamérica estudiados. 2 Con más de un 50% del índice de Poder Judicial Electrónico desarrollado se encuentran Brasil, España, Costa Rica, Portugal, Chile, Argentina, Uruguay y Cuba

  4. ¿Existe discrecionalidad en la decisión judicial?

    Directory of Open Access Journals (Sweden)

    García Amado, Juan Antonio

    2006-12-01

    Full Text Available Two different sets of legal theories have denied that judges have any discretion when deciding cases. The first was “naive” formalism as practised in the XIXth century,and more specifically, the exegesis school in France and the conceptual jurisprudence school (Begriffsjurisprudenz in Germany. The second was the “sophisticated” formalism of the late XXth century, which both establishes a connection between law and social morality, and undertakes a moral reading of the constitution so that positive law could offer the one right answer in each case. On its turn, mainstream legal positivism has regarded judicial discretion as an unavoidable and even perhaps desirable consequence of the structural features of any really existing legal order.

    Dos tipos de doctrinas jurídicas han tratado de negar la discrecionalidad judicial: por un lado, el formalismo ingenuo del siglo XIX, propio de la Escuela de la Exégesis, en Francia, y de la Jurisprudencia de Conceptos, en Alemania; por otro lado, el formalismo sofisticado de fines del siglo XX, que primero integra derecho y moral social y, después, moraliza la Constitución positiva para que en el derecho positivo se contenga una única solución correcta para cada caso posible. Por contra, el positivismo jurídico del siglo XX ha visto en la discrecionalidad judicial una consecuencia, tan inevitable como conveniente, de los caracteres de todo sistema jurídico real.

  5. Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo Pinzón-Flórez

    2016-01-01

    Full Text Available ABSTRACT OBJECTIVE To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. METHODS A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as “very relevant”. Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products. RESULTS We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%, Uruguay (16.9%, and Argentina (12.7%. We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability. CONCLUSIONS The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health.

  6. Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil

    Directory of Open Access Journals (Sweden)

    Luciano Mangueira Trevisan

    2015-05-01

    Full Text Available Treatment of phenylketonuria (PKU includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS. This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS, Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19, the Union (n = 1, and municipalities (n = 4. In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

  7. Corrupción en la Rama Judicial: una reflexión

    Directory of Open Access Journals (Sweden)

    Horacio Escobar Luque

    2013-07-01

    Full Text Available ResumenUno de los más dañinos flagelos que azotan nuestrassociedades es la corrupción vista desde diversos ángulosy acciones. Vargas ( solo ve al Poder Judicial como objetode la corrupción, como ente corruptible, mas no comouna institución encargada precisamente de controlar lacorrupción. La única forma eficaz de superar los problemasendémicos de corrupción en nuestros sistemas judicialeses afrontar derechamente las profundas disfuncionesque estos manifiestan que constituyen las reales causasde los serios problemas de corrupción que los aquejan.Klitgaard ( formaliza el fenómeno de la corrupción dela siguiente manera: Corrupción = poder monopólico +arbitrio – responsabilidad. Villoria ( manifiesta que haycasos en que la judicatura no es un obstáculo contra la corrupción,sino un elemento esencial en su reproducción ydesarrollo, siendo un ejemplo de corrupción que contribuyea la deslegitimación del sistema político y corroe loscimientos de la gobernabilidad. Si se analizan, entonces,los problemas de los sistemas judiciales, con el objetivode buscar soluciones a sus altos niveles de corrupción administrativa,nos encontraríamos con: una organizaciónineficaz, la precariedad del empleo, desprecio de la ley,amiguismo, delegaciones, abogados corruptores, silencioy jerarquía judicial cooptada.Palabras clave: Corrupción, Rama Judicial, Monopolio,Amiguismo. AbstractOne of the most damaging scourges afflicting oursocieties corruption is viewed from different angles andactions. Vargas ( only sees the judiciary as an object ofcorruption as corruptible body, not as an institution toprecisely control corruption. The only effective way toovercome the endemic problems of corruption in ourjudicial system is straight addressing the root dysfunctionsthey say they are the real causes of serious corruptionproblems that afflict them. Klitgaard ( formalizesthe phenomenon of corruption as follows: Corruption =monopoly power + discretion

  8. Analysis of judicial demands in health at the Regional Health Department XII

    Directory of Open Access Journals (Sweden)

    Leticia Florido Povinske Domingues

    2017-08-01

    Full Text Available The management of lawsuits in health represents a challenge for most Brazilian municipalities. Many papers described in the literature characterized properly the problem as well as discussed the repercussions on the Unified Health System.In this context, the objective of this study was to analyze the situation of health judicial processes at the twelfth Regional Department in Registro, São Paulo´s state, evaluating the profile of the users who claim in court the couverage of treatment´s costs as well as examination, procedure or medication. For this, we analyzed data on lawsuits in the health field at the twelfth Regional Department in Registro (SP from january 2009 to october 2015.The variables studied were gender, age, municipality of origin of the lawsuit, the mentioned disease, the medical prescription origin, specialty of the prescriber, type of lawsuit triggered, year of the lawsuit, entity judicially triggered and requested items. It was analyzed thirty-eight lawsuits against the twelfth Regional Department, it was observed the prevalence of the female gender, age group above 51 years and originating from the municipality of Registro (SP.The most of the judicial actions are for care given at the Unified Health System, by prescribers of specialty in Clinical Medicine and diagnosed with Diabetes Mellitus. The processes were characterized in the majority by judicial actions called Ordinary Rite, against the State. On the analyzed cases, 92% requested only medications and of these 11% supplements like vitamins and enteral diets.The number of patients who have been served through legal actions in the last three years reached 47% of the total cases registered during the period of the seven years analyzed and the approximate cost was R$ 1,340,000.00.This study contributes to the diagnosis of the processes related to the health judicialization in the region studied. The results showed a predominance of processes which comes from of patients

  9. The European Judicial Training Network and its Role in the Strategy for the Europeanization of National Judges

    Directory of Open Access Journals (Sweden)

    Simone Benvenuti

    2015-07-01

    Full Text Available This article addresses the building of a European Judicial Training Framework (EJT, notably the establishment, organization and functioning of the European Judicial Training Network (EJTN. After describing the EJTN and retracing its distinctive features – co-operation, decentralization, complementarity, targeting –, the article underlines its peculiar function within EJT, which reflects the role of EJT itself in the strategy for Europeanization of national judges. It then concludes by pointing out and situating other strategic areas where important synergies with EJT for the purpose of judicial Europeanization can be strengthened, notably enhancement of transnational judicial networks and introduction of knowledge management tools in national systems. The article is based on the analysis of documents and scientific literature as well as on empirical research and semi-structured interviews conducted by the author in 2013 and 2014.

  10. The oral trial and the effective judicial protection: Mismatches of the model established in the Law of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Antonio José Vélez Toro

    2017-01-01

    Full Text Available Conciliation, mediation and arbitration are traditional means for the resolution of legal conflicts, which are shaped and promoted as alternatives to the judicial process. Nevertheless, the judicial process, which is the only mean for the resolution of legal conflicts expressly recognized in the Spanish Constitution to exercise the right to an effective judicial protection, is not only the last option to solve the conflict but also the ultimate guarantee of defense against possible breaches occurred within the alternative process chosen. The Spanish juicio verbal (mainly oral and simplified civil procedure in court is the most frequently used procedure in the Spanish Civil and Commercial areas. This is why we intend to approach it from the perspective of the Spanish Constitutional Jurisprudence in order to establish the cases where there is or there has been an impossibility or rejection to exercise the right to an effective judicial protection.

  11. [Evaluation of Articles 33 and 59, of the Code of Deontology of Doctors in Catalonia (2005), judicially annulled].

    Science.gov (United States)

    Collazo Chao, Eliseo

    2009-01-01

    At the end of the year 2004, the Autonomous Conseil of the Medical School in Catalonia (Spain) approved its Deontology Code. The articles 33 and 59 were then judicially resorted by more than one hundred doctors in Catalonia; nowadays those articles themselves have been annulled by judicial sentence. This research aims to accomplish a valuation ethical and deontological of the annulled articles, according to the statutes.

  12. RESTRICTION OF RIGHTS OF NON-GOVERNMENTAL ORGANIZATIONS IN RUSSIA AS A SUBJECT OF JUDICIAL CONTROL

    Directory of Open Access Journals (Sweden)

    P. Vinogradova

    2016-01-01

    Full Text Available This article examines the issue of the regulation of the Russian state’s control over the activities of non-governmental organizations and the limits to that control. Important changes made in 2014–2016 in the regulation of the organization and activity of judicial power show that the tasks of transformation of the judicial power structure, establishment of effective control mechanisms and strengthening of the requirements on substantiation of court judgments have become more topical. Addressing this issue and taking it as the subject of study are motivated by the small number of works dealing with this issue. The task of enhancing the effectiveness of the exercise of their powers by public authorities necessitates consideration of special features of judicial control over disputes related to restriction of rights. The adoption of the Administrative Procedure Code of the Russian Federation and the statutory formalization of special features of judicial control with respect to certain non-commercial organizations imply changes in judicial practice related to challenging the decisions made by public authorities. In addition to special procedural features such changes also facilitate the spread in law enforcement practice of legal arrangements like the ‘proportionality test’ and determining the balance between competing constitutional values and conditions of public order observance. The analysis carried out by the author reveals tendencies of improvement in legislative action and allows identification of future lines of improvement in judicial practice.

  13. La influencia del género en las decisiones de los tribunales: del paternalismo judicial a los papeles familiares The influence of the gender on judicial decision-making: from judicial paternalism to family roles

    Directory of Open Access Journals (Sweden)

    Andreia de Castro-Rodrigues

    2012-04-01

    Full Text Available Recurriendo al concepto de género como objeto de análisis, este artículo realiza una retrospectiva sobre la evolución de la investigación sobre la influencia de factores extralegales en las decisiones judiciales, a través de la lectura de sus referencias bibliográficas más destacadas. En el caso concreto del género, esta evolución se caracteriza por una sofisticación crítica que provocó un cambio en las explicaciones asociadas a las diferencias encontradas en las sentencias atribuidas a hombres y mujeres. Esta transición parte de perspectivas simplistas relacionadas con una actitud paternalista por parte del sistema de justicia criminal, y evoluciona hasta perspectivas complejas y multifacéticas relacionadas con los diferentes papeles familiares ejercidos por hombres y mujeres.Using the concept of gender as an object of analysis, this article aims at having a retrospective description of the methodological and conceptual evolution regarding the influence of extralegal aspects on judicial decisions research through the most prominent authors. In the specific case of Gender, this evolution is characterized by a critical sophistication. The transition in the explanations in differential criminal sentences attributed to men and women evolved from a simplistic perspective linked to paternalism and chivalry hypothesis to more complex and multifaceted standpoints related to the different family roles exercised by men and women.

  14. La ética judicial en la regulación del matrimonio igualitario

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    Alfonso Córdoba Baviera

    2016-07-01

    Full Text Available Resumen El presente trabajo tiene una empresa última concretamente establecida que es la de hacer un barrido expositivo y analítico por la apertura del concepto matrimonio a acepciones o realidades hasta principios del siglo XXI jamás planteadas. Esto es, crear un camino de acceso a la institución matrimonial para las uniones entre personas del mismo sexo. En el caso español, objeto de este estudio, se ha dado gracias a la aplicación de la ética judicial por parte de los Magistrados del Tribunal Constitu- cional que, con motivo de la mutación constitucional llevada a cabo por el legislador ordinario, se han visto en la obligación de dar un giro jurisprudencial en atención a las demandas de una sociedad cuya realidad es dinámica y cambiante. Ya el Tribunal Constitucional no ostenta el título de legislador negativo sino que, su función social es mucho más profunda, es el encargado de dar validez y legitimidad a la Constitución. Palabras clave: Matrimonio entre personas del mismo sexo, Ética judicial, Tribunal Constitucional. Abstract The concrete, ultimate aim of this paper is to make an expository and analytical clear-out to open the concept of marriage to meanings or realities never considered until the early twenty-first century. That is, to create an access road to the institution of marriage to unions between people of the same sex. In the case of Spain, the subject of this study, such road has been created thanks to the application of judicial ethics by judges of the Constitutional Court. On the occasion of the constitutional change carried out by the ordinary legislator, they felt the obligation to provide a jurisprudential turn in response to the demands of a society whose reality is dynamic and changing. The Constitutional Court no longer holds the title of negative legislator but rather, with a much deeper social function, it is in charge of conferring validity and legitimacy to the Constitution. Keywords

  15. APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

    Full Text Available This article analyses the main World Trade Organization (WTO agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU.

  16. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  17. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  18. Judicialization of health and contributions of the Norman Daniels’ Theory of Justice

    Directory of Open Access Journals (Sweden)

    MACHADO, Teresa Robichez

    2015-07-01

    Full Text Available The judicialization of health generates debate in various areas of knowledge, with particular contri-butions from legal experts, doctors, and policymakers. Because of the diversity of those involved, several topics are considered. Some studies highlight positive arguments for the judicialization of health, whereas others defend the need for establishing criteria for or limitations to judicial action. Furthermore, others still report concerns over the possible negative consequences of this process. In order to offer an analysis on this topic, this study provides a review of the literature and adopts the theoretical instrument by Norman Daniels, who proposes a reflection on the needs for health and the ways in which these needs can be met, the moral importance of health and the inequalities in health to be an injustice. In conclusion, it can be affirmed that some of these studies defended in the Brazilian national debate cannot be sustained in light of the data presented herein. Throughout Norman Daniels’ thoughts on the Theory of Justice in terms of questions of health, it can be deduced that, in the Brazilian debate, there are few conflicts over the moral importance of the topic; in addition, not much is known about the second aspect of the theory, which is the reflection when inequality in health can be considered unjust. It is therefore proposed that Daniels’ theory adds two important points to the national debate. The first involves the need to place health problems within a greater reflection in public policy. The second, which involves the need to establish limits to meeting health demands, fits into a public policy that seeks to better meet the needs of the population, which is not a simple cost-benefit assessment.

  19. The beneficial role of a judicial process when "everything" is too much?

    Science.gov (United States)

    Handelman, Mark; Parke, Bob

    2008-01-01

    This narrative is written with the intent to encourage physicians as well as other healthcare professionals to use judicial processes, such as those provided by the Ontario Consent and Capacity Board, to help resolve conflict with treatment decisions between care providers and decision-makers. Through the presentation of a fictional yet common case scenario, it is argued that after all attempts at mediation have been attempted that the timely use of a third party is in the patient's, the family's and the healthcare team's best interests.

  20. Judicial individualization of criminal penalties for corruption offenses committed by civil servants and/or dignitaries

    Directory of Open Access Journals (Sweden)

    Ion TIPA

    2017-06-01

    Full Text Available This article focuses on the study of judicial personalization of criminal penalties applied for corruption offenses of civil servants and / or dignitaries. At the same time, the following study shows the criteria and rules for the individualization of a criminal punishment, the attenuating and aggravating circumstances that influence the application of criminal penalties, with examples from practice, thus mentioning the errors made by some instances of Lower court judgment in the Republic of Moldova. The study also shows the process of individualization of criminal punishment in the light of exceptional circumstances and the way of calculating sentences and arrest computations.

  1. Judicialization of the Right to Health: The Individual V the Collective

    Directory of Open Access Journals (Sweden)

    Artur Amaral Gomes

    2016-10-01

    Full Text Available The effectiveness of social rights in Brazil is a problem that endangers the whole constitutional project which aims at the common good of the entire Brazilian society. The judicialization of the right to health has as primarily negative effects the violation of the separation of powers and the strengthening of social inequality that benefits only those who move the Judiciary. From the handling of the bibliographic research method, this article aims to review the main highlights of the phenomenon, with emphasis in the conflict between individual interests and the interest of the community.

  2. Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union

    DEFF Research Database (Denmark)

    Butler, Graham

    2018-01-01

    incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... in many cases, and being forced to wade into institutional debates over competence and the autonomy of the Union’s legal order, this chapter underlines the important role that the Court has played in external relations prior to international agreements being entered into, and seeks to carve out a formula...

  3. Subjetividad, Convicción e Imparcialidad judicial: El Juicio Lógico

    OpenAIRE

    Clementina Pintos Bentancur

    2016-01-01

    Diversos estudios doctrinarios se han realizado respecto a los aspectos procesales más puros de la sentencia. Pocos de ellos, en cambio, se han detenido a examinar con relativa minuciosidad un elemento clave en la decisión judicial: la convicción psicológica del juez. Nos centramos en una primera instancia, sobre los aspectos procesales que componen a la sentencia, como sus elementos, su naturaleza, la valoración de la prueba y los principios que la delimitan; llegando en último término al ju...

  4. The Indultados of Tescua: Criminal Rebellion and Judicial Reckoning during the War of the Supremes

    Directory of Open Access Journals (Sweden)

    Joshua M. Rosenthal

    2012-07-01

    Full Text Available In 1841 the public of Bogota followed the trial of 22 prisoners charged with the crime of rebellion during the War of the Supremes. Captured while serving as officers at the battle of Tescua, the accused claimed they had been forced to serve in the rebel army. This excuse was ignored and 21 of the defendants were sentenced to death, only to be spared by decrees of indulto in the following months. This article examines the logic behind such judicial reckoning, the narrative strategies employed by the accused in their defense, and the meaning of clemency in the early republic.

  5. Dysfunctions of the contemporary family from the perspective of judicial statistics

    Directory of Open Access Journals (Sweden)

    DANUTA KOWALCZYK

    2017-10-01

    Full Text Available The problems connected with the dysfunctions of the contemporary family are the subject of the study. Judicial statistics related mostly to the proceedings of family courts have been employed in the analysis. Emphasis has been placed on the problems related to the marital bond and parental responsibility. Statistical data suggests that there are some negative phenomena in both of these realms. Divorce and separation still constitute the cause of the incompleteness of family environments. Th e level of court interference in how parental responsibility is exercised which serves to protect children from the hazards of the lack of proper care is still not decreased.

  6. A Danish killer amendment-when judicial review was banned from the 1849 Constitution

    DEFF Research Database (Denmark)

    Pedersen, M. N.

    2014-01-01

    In real political life "killer amendments" are very rare. William H. Riker was the first political scientist to draw systematic attention to this special "heresthetic" phenomenon, but he was himself only able to identify a handful of successful "killer amendments". Subsequent systematic empirical...... research has brought a few more to attention. In this article what may be the first successful example from outside the US context is described. It took place, when the Danish Constituent Assembly in 1849 discussed, if a proper judicial review procedure should be institutionalized in the Danish...

  7. As políticas públicas ante o Poder Judiciário

    OpenAIRE

    Barros, Sérgio Resende de

    2015-01-01

    [ES]Este artículo analiza los parámetros de actuación del Poder Judicial en el examen de políticas públicas procedentes de principios constitucionales programáticos. Se busca establecer la visión de que la anterior situación de inmunidad “discrecional” del administrador público ahora tiende a ceder ante un nuevo parecer respecto a la legalidad administrativa e de las políticas públicas, las cuales buscan hacer efectivos en la práctica social los derechos difusos, previstos en la Constitución ...

  8. Existing knowledge in science and technology as subject of judicial establishment of facts

    Energy Technology Data Exchange (ETDEWEB)

    Czajika, D.

    1982-02-01

    The problems facing administrative courts in determining 'existing knowledge in science and technology' (No. 3 of paragraph 2 of sect. 7 of the Atomic Energy Law) cannot be solved by limiting the judicial establishment of facts. According to established law, in procedural or substantive law there is no foundation for doing so. Limits to this establishment of facts do result from the nature of the scientific process of understanding, which very often allows but the establishment of 'margins' pertaining to scientific opinions.

  9. Understanding the Service Quality Perception Gaps between Judicial Servants and Judiciary Users

    Directory of Open Access Journals (Sweden)

    Rodrigo Murillo

    2014-12-01

    Full Text Available Judiciary service user expectations are usually not the same as ideas harbored in the minds of civil servants delivering such services. This discrepancy matches the definition of the service delivery GAP 1, as identified and assessed by SERVQUAL (Service Quality, a tool that for almost three decades has been employed worldwide in measuring service quality in many different industries and countries, in both private and public organizations. Through participant observation, semi-structured interviews and empirical data collected by SERVQUAL, this paper focuses on assessing this service delivery GAP 1 for the Second Court of Appeal within Costa Rica’s Judicial Branch.

  10. A expansão dos poderes judiciários The expansion of the judiciary powers

    Directory of Open Access Journals (Sweden)

    Lilia Ferreira Lobo

    2012-01-01

    Full Text Available O presente artigo propõe-se a comentar um texto de Foucault pouco conhecido e que não foi incluído na publicação francesa dos Ditos e Escritos. Além de apresentar esta publicação, que tem como título La redéfinition du judiciable (A redefinição do judiciável, pretende trazer algumas considerações sobre as questões sugeridas por Foucault, bem como algumas indicações sobre o que hoje nos acontece em termos da judicialização do nosso cotidiano. O texto traz uma análise do papel da justiça, daquilo que vem se tornando ou que é objeto de julgamento judiciário, discutindo o que caracteriza a difusão das funções judiciárias através de todo o corpo social na atualidade.This article aims to comment an unfamiliar article by Foucault, not included in the french edition of Dits et Écrits. Beyond presenting this publication, which is entitled La redéfinition du judiciable (The redefinition of the judiciable, it pretends to bring some considerations about the questions that Foucault suggests, as well as some indications about what is happening with us now-a-days in terms of the judicialization of the everyday life. The text brings an analysis of the roll of justice, of what is turning into or what is the object of judiciary judgment, discussing the elements which characterize the diffusion of the judiciary functions through the whole social body.

  11. Judicialização da política: um ensaio sobre o procedimentalismo deliberativo na jurisdição constitucional brasileira / Judicialization of politics: an essay on deliberative proceduralism in brazilian judicial review

    Directory of Open Access Journals (Sweden)

    Marcio Renan Hamel

    2010-12-01

    Full Text Available Resumo O presente texto aborda o crescente fenômeno da judicialização da política no contexto brasileiro, questionando se a principal metodologia do Poder Judiciário deve ser a de criar espaços ou a de ser espaço. A defesa é embasada na obra do filósofo Jürgen Habermas, apontando-se para um aumento da atividade procedimental democrática de deliberação pública, legitimando a lei positiva e diminuindo a intervenção judiciária. Palavras-chave: Judicialização; política; procedimento; democracia; jurisdição. Abstract The present text deals with the growing phenomenon of politics judicialization in the brazilian context, questioning wheter the main methodology of the Judiciary should be to create spaces or to be space. The defence is based on the work of the philosopher Jürgen Habermas, pointing to an increased of the democratic procedural activity of public deliberation, legitimising positive law and decreasing judicial intervention. Keywords: Judicialization; policy; procedure; democracy; jurisdiction.

  12. El género judicial. Materiales para su uso lingüístico / The judicial genre. Materials for its Linguistic study

    Directory of Open Access Journals (Sweden)

    Susana Ridao Rodrigo

    2010-06-01

    Full Text Available Resumen: El objetivo de este libro es contribuir al estudio del género judicial mediante la utilización de corpus orales. En el ámbito anglosajón, la lingüística forense ha sido una línea de trabajo muy cultivada por diversos investigadores, como lingüistas, sociólogos, psicólogos o traductores; pues nos encontramos ante un campo de análisis interdisciplinar. Estamos convencidos de que en español se han realizado pocos estudios sobre juicios orales debido a las dificultades que conlleva conseguir el corpus. Por ello, en este volumen nos hemos propuesto presentar las transcripciones de doce juicios. Igualmente, en la introducción facilitamos algunos datos relevantes relacionados con el devenir histórico de este género discursivo. A su vez, hacemos una breve presentación del estado de la cuestión. Dentro de la explicación de las variables sociosemióticas que configuran los juicios, destacamos los participantes y las relaciones de poder, así como la distribución del espacio y del tiempo.Abstract: The aim of the following book is to contribute to the study of the judicial genre by using oral corpus of speech. With respect to Anglo-Saxon context, forensic linguistics has been a line of work cultivated by many different researchers, including linguists, sociologists, psychologists, and translators; therefore, we find ourselves among a vast field of interdisciplinary analyses. We are convinced that there have been very few studies conducted regarding trials in Spanish due to the difficulties of obtaining the oral corpus. For that reason, in this volume we have proposed to present the transcriptions of twelve trials. Likewise, in the introduction we provide research relevant to the historic evolution of this field. Shortly after, we make a brief background. Within the explanation of the socio-semiotic variables that shape each trial, we point out the participants and the relevance of power, such as the distribution of space and time.

  13. Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Azem Hajdari

    2014-06-01

    Full Text Available Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces. In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law. The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial

  14. Legal Terms Used in Reception Order and their Relevance to Judicial Process.

    Science.gov (United States)

    Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

    2016-01-01

    Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed.

  15. Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective

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    Nikolaos Aletras

    2016-10-01

    Full Text Available Recent advances in Natural Language Processing and Machine Learning provide us with the tools to build predictive models that can be used to unveil patterns driving judicial decisions. This can be useful, for both lawyers and judges, as an assisting tool to rapidly identify cases and extract patterns which lead to certain decisions. This paper presents the first systematic study on predicting the outcome of cases tried by the European Court of Human Rights based solely on textual content. We formulate a binary classification task where the input of our classifiers is the textual content extracted from a case and the target output is the actual judgment as to whether there has been a violation of an article of the convention of human rights. Textual information is represented using contiguous word sequences, i.e., N-grams, and topics. Our models can predict the court’s decisions with a strong accuracy (79% on average. Our empirical analysis indicates that the formal facts of a case are the most important predictive factor. This is consistent with the theory of legal realism suggesting that judicial decision-making is significantly affected by the stimulus of the facts. We also observe that the topical content of a case is another important feature in this classification task and explore this relationship further by conducting a qualitative analysis.

  16. Impact of Evidence Type and Judicial Warning on Juror Perceptions of Global and Specific Witness Evidence.

    Science.gov (United States)

    Wheatcroft, Jacqueline M; Keogan, Hannah

    2017-04-03

    The Court of Appeal in England and Wales held (R. v. Sardar, 2012) there had been no exceptional circumstances that justified a jury retiring with a transcript of the complainant's interview. This paper reports an investigation into the impact multiple evidence forms and use of a judicial warning has on juror evaluations of a witness. The warning focuses juror attention on placing disproportionate weight on the evidence as opposed to their general impression of it. Sixty jury-eligible participants were presented with witness evidence in transcript, video, or transcript plus video format. Half the participants in each condition received the warning. All mock jurors completed a questionnaire which assessed perceptions of witness and task. Outcomes showed that transcript plus video evidence, when accompanied by a warning, did impact on mock jurors' global assessments of the witness. The warning made the task less clear for jurors and, in the video condition, led to higher ratings of how satisfactory and reliable the witness was. Findings support the provision of a judicial warning to jurors and show some initial support for judiciary opposition to the provision of an additional transcript only when jurors are asked to make the more usual global witness assessments.

  17. The fallibility of memory in judicial processes: lessons from the past and their modern consequences.

    Science.gov (United States)

    Howe, Mark L; Knott, Lauren M

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.

  18. Separate and Unequal: Judicial Culture, Employment Qualifications and Muslim Headscarf Debates

    Directory of Open Access Journals (Sweden)

    Joyce Marie Mushaben

    2013-09-01

    Full Text Available Few European lawmakers have analyzed the implications of Muslim headscarf bans for equal employment opportunity. EU anti-discrimination directives suggest that contradictory member-state approaches will eventually invoke a judicial Community response at national expense. Drawing on the bona fide occupational qualification (BFOQ standard, this study compares the “judicial cultures” of the U.S. Supreme Court, the German Constitutional Court, the European Court of Human Rights (ECHR and the European Court of Justice (ECJ. It argues that while the ECJ initially invoked Roman law precepts shared by a majority of its member-states through the 1980s, it has come to embrace Anglo-American norms stressing individual freedoms over state interests. Given their strong support for equal treatment and social inclusion, EU justices will be more likely than member-state or ECHR judges to overturn existing bans on hejab at the workplace, once such a case makes its way onto the ECJ docket.

  19. The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

    Science.gov (United States)

    Howe, Mark L.; Knott, Lauren M.

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures. PMID:25706242

  20. Systemic interpretation and the judicial recovery of the possibility for companies in common

    Directory of Open Access Journals (Sweden)

    Juliana Hinterlang dos Santos Costa

    2015-06-01

    Full Text Available The Company in common was introduced by Brazilian law from the Civil Code of 2002 in its articles 986 to 990. In the previous period it was analyzed from the irregular company name or company and fact. The first was characterized by having written contract, but this was not brought to registration with the competent body and the second when there was no social contract. This study aims to analyze the figure of the Company in common, in the current legal system, from the majority interpretation that does not recognize the right to judicial recovery. It points out that this interpretation ignores: i principles governing the legal system and the economic subsystem; and ii that the current legislation allows their accountability before legal duties in labor spheres, tax, competitive and consumer. Under these main arguments is that they have highlighted the systematic interpretation to defend the right to judicial or extrajudicial recovery. So effective is legal certainty material.    Arraste e solte o arquivo ou link aqui para traduzir o documento ou a página da Web.Arraste e solte o link aqui para traduzir a página da Web.O tipo de arquivo que você soltou não é suportado. Tente outros tipos de arquivo.O tipo de link que você soltou não é suportado. Tente outros tipos de link. 

  1. [More than a decade improving medical and judicial certification in mortality statistics of death causes].

    Science.gov (United States)

    Cirera, Lluís; Salmerón, Diego; Martínez, Consuelo; Bañón, Rafael María; Navarro, Carmen

    2018-06-06

    After the return of Spain to democracy and the regional assumption of government powers, actions were initiated to improve the mortality statistics of death causes. The objective of this work was to describe the evolution of the quality activities improvements into the statistics of death causes on Murcia's region during 1989 to 2011. Descriptive epidemiological study of all death documents processed by the Murcia mortality registry. Use of indicators related to the quality of the completion of death in medical and judicial notification; recovery of information on the causes and circumstances of death; and impact on the statistics of ill-defined, unspecific and less specific causes. During the study period, the medical notification without a temporary sequence on the death certificate (DC) has decreased from 46% initial to 21% final (p less than 0.001). Information retrieval from sources was successful in 93% of the cases in 2001 compared to 38%, at the beginning of the period (p less than 0.001). Regional rates of ill-defined and unspecific causes fell more than national ones, and they were in the last year with a differential of 10.3 (p less than 0.001) and 2.8 points (p=0.001), respectively. The medical death certification improved in form and suitability. Regulated recovery of the causes of death and circumstances corrected medical and judicial information. The Murcia's region presented lower rates in less specified causes and ill-defined entities than national averages.

  2. The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games

    Directory of Open Access Journals (Sweden)

    Mônica da Silva Cruz

    2015-12-01

    Full Text Available The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive movements that are established in discussions on the concept of judicial activism, taking as an example the desaposentação in Brazil. It analyzes initially discursive aspects of the historical constitution of the concept of judicial activism. Then it talks about the struggles that are established around the senses built on the concept of desaposentação considering that all knowledge is made from games of speeches taken as a set of strategies that are part of social practices born in the plots history. The theoretical framework is guided in Foucault's principles speech about the concepts, wording and your order (Foucault, 1996; 2008. Methodologically assess up concepts of judicial activism, judicial and parliamentary speeches. At last, it turns out that the activist discourse in enforcing rights is permeated by strategy games, action and reaction, of domination and avoidance, as well as struggles.

  3. The Motivation of Judicial Judgments in Demands of Medications in the Context of the Crisis of Bourgeois Legality

    Directory of Open Access Journals (Sweden)

    Ariadi Sandrini Rezende

    2015-12-01

    Full Text Available The provision of free medicines to the population for the treatment of diseases is regulated by Decree No. 7,508/2011, which created the National List of Essential Medicines. A problem occurs when it is asked how judges should proceed in demands of medication when the drugs desired are not in the list. It is necessary to confront the dogma that law is the law and, therefore, to demonstrate the requirements that the contemporary legal phenomenon requires for the foundations of judicial decisions when them talk about social rights. It is depicted the rise of the idea of legality within the bourgeois state. Three problems that led to the crisis of this political model of law are exposed. It is shown the process of constitucionalization of the social rights with the reform of the liberal state and, therefore, the consolidation of the desire to control the legislative political power and the legality. It is exposed how the judicial activity can consolidate the reform initiated by the constitutionalization of social rights when obstacles imposed against its effectiveness are exceeded by the judge. It will be shown the anachronism of merely loyalist decisions which deny provisionses in judicial demands of medications based on dogmas of nineteenth-century liberal state. It will be exposed the needs of serious judicial decisions which wonder about the role of the welfare state and judicial activity in the contemporary context.

  4. The Supply of Judicial Labour: Optimising a Scarce Resource in Australia

    Directory of Open Access Journals (Sweden)

    Brian Opeskin

    2017-12-01

    Full Text Available Developed societies generate a multitude of controversies between their members, which need to be resolved fairly if society is to function well. Judicial officers play a central role in that process by hearing and determining disputes according to law, but they are costly and their long tenure entrenches labour market rigidities. This is an inconvenience for modern governments, as they attempt to keep the wheels of justice turning, while facing budgetary constraints that drive them to seek ever greater cost-efficiencies. This article surveys the ways in which governments in Australia have sought to optimise the judicial labour force by creating a more flexible and cost-effective supply. The system of justice that has evolved in response to these developments is a complex one, with many complementary parts. There is no unique solution to the question of how many judicial officers society needs to quell disputes because this goal can be achieved in different ways. But great care needs to be taken to ensure that government action to find flexible sources of labour to meet the demand for judicial dispute resolution does not come at too high a price in terms of respect for the rule of law. Las sociedades desarrolladas generan multitud de polémicas entre sus miembros, y éstas deben ser solucionadas de forma justa para que la sociedad funcione bien. Los agentes judiciales desempeñan un papel esencial en ese proceso, dado que atienden y solucionan disputas de acuerdo con el derecho, pero son agentes costosos y sus largas permanencias en el puesto perpetúan la rigidez del mercado laboral. Ello es un inconveniente para los gobernantes actuales, que intentan asegurar que el ejercicio de la justicia siga su curso, al tiempo que se enfrentan a limitaciones presupuestarias que los empujan a buscar una eficiencia en relación a los costes cada vez mayor. Este artículo estudia las maneras en las que los gobiernos de Australia han procurado optimizar la

  5. Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean.

    Science.gov (United States)

    Pinzón-Flórez, Carlos Eduardo; Chapman, Evelina; Cubillos, Leonardo; Reveiz, Ludovic

    2016-09-01

    To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as "very relevant". Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products. We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%), Uruguay (16.9%), and Argentina (12.7%). We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability. The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health. Describir estrategias que contribuyan al abordaje integral de la judicialización de la salud en países de América Latina y El Caribe. Se estructuró una búsqueda para identificar artículos que presentaran estrategias para el abordaje de la judicialización en salud. Se diseñó una encuesta, en donde se incluyeron actores del sistema de salud y del sector judicial. Se priorizaron las estrategias calificadas por más del 50,0% de los participantes como "muy relevantes

  6. The Judicialization of Health in Brazil: Guiding Principles, Organization as the Law 8.080/90, Possibilities and Limites of Jurisdiction in Actions of Free Medicine Provision

    OpenAIRE

    Anna Christina Zenkner; Natal dos Reis Carvalho Junior

    2016-01-01

    The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and...

  7. The Judicialization of Health in Brazil: Guiding Principles, Organization as the Law 8.080/90, Possibilities and Limites of Jurisdiction in Actions of Free Medicine Provision

    Directory of Open Access Journals (Sweden)

    Anna Christina Zenkner

    2016-12-01

    Full Text Available The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and judicial, to make public policies feasible in order to achieve satisfaction of the right to health.

  8. ENTRE A TÉCNICA E A EFETIVIDADE: O ATIVISMO JUDICIAL COMO INSTRUMENTO DE GARANTIA DOS DIREITOS FUNDAMENTAIS

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    Raphael de Souza Almeida Santos

    2013-05-01

    Full Text Available Considerando o déficit na materialização efetiva das políticas públicas nacionais, torna-se necessária uma reflexão sobre a atuação do Poder Judiciário numa sociedade Pós-Positivista aonde o fenômeno do ativismo judicial vem ganhando a simpatia do jurisdicionado quando da concreção dos Direitos Fundamentais num cenário dominado por uma teoria processualista democrática que prima pelo tecnicismo dos atos judiciais. Ao restarem esboçados os entraves e riscos provenientes da seletividade dos magistrados pelo protagonismo judicial, é que poderá se vislumbrar a função social de tal fenômeno numa perspectiva humanitária através de detida análise no texto que se apresenta.

  9. Risk assessment by the executive power versus efficiency of control by the courts - effects on administrative procedures and judicial proceedings

    International Nuclear Information System (INIS)

    Wahl, R.

    1991-01-01

    In conclusion it is stated that any cutbacks in the current system of judicial control have to be earned by appropriate improvements in the administrative procedure. One has to keep in mind the overall situation, which means to examine and assess any reduction of judicial control, the relevance of procedural defects, and the requirements to be met by administrative procedures, in their complete context. Since the acknowledgement of administrative regulations as instruments for putting into practice the legislative intent, and of the executive's scope for examination and assessment, has effects not only in regard to a reduction of judicial control, but also assigns to the administrative procedure an irreplaceable function that cannot be corrected by legal proceedings, there is reason enough to exercise restraint in this matter. (orig./HSCH) [de

  10. Reference to Foreign Law in the Supreme Courts of Britain and the Netherlands: Explaining the Development of Judicial Practices

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2012-05-01

    Full Text Available How do judges decide cases in a globalised legal context, characterised by the increased interconnections between legal systems and between actors in these legal systems? In this article, firstly, four types of variables (constitutional, institutional, organisational, and personal which influence judicial practices are described, and it is shown how these variables shape the judicial decision-making of the highest courts in liberal-democratic legal systems. Secondly, the specific development of the use of foreign law in the Supreme Courts of the UK and the Netherlands is analysed in light of the identified variables. In this way, some general insights are provided into the development of judicial decision-making under the effects of globalisation, and it is made clear what the national highest courts can and may do in the specific context in which they are functioning.

  11. Multiple Competences of Judicial and Social Intervention: Portuguese Public Prosecutors in Action

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    João Paulo Dias

    2017-10-01

    Full Text Available Public Prosecutors have not received much attention from international, suprastate, state and/or associative institutions in terms of seeking to influence the adoption of a common organisational model by the most diverse countries. What we have instead is mainly the approval, at different moments, of guiding principles for the exercise of functions—primarily of judges, but also, since the late 1980s, of Public Prosecutors—with special emphasis on issues of autonomy and impartiality regarding their competences and the conditions in which prosecution is carried out. However, in countries such as Portugal, Public Prosecutors exercise a wide range of competences in various legal areas, a fact that turns them into key actors in a context of evaluating the performance of the judicial system and when efforts are being made to improve its functioning, even in the midst of financial constraints. This is the backdrop to the present article, which stems from the need to discuss the functioning of the Public Prosecution Service and its professional practices in order to promote the circulation of ideas and solutions for possible judicial reforms in the model currently in force in Portugal. It is not a question of looking for the “perfect model” or of trying to achieve an “ideal synthesis,” but rather of highlighting the main aspects that can contribute to the defence of legality and the promotion of access to law and justice through the action of Public Prosecutors. In order to achieve such a goal, it is necessary for Public Prosecutors to assume a new paradigm, centred on the defence of citizenship rights. The main objective here is to discuss and reflect on the identity, competences and professional practice of Portugal’s Public Prosecutors in the context of major transformations in the judicial systems and in the legal professions themselves, both as key actors and as promoters of citizens' access to law and justice in the various legal

  12. Relaciones entre el Congreso Nacional y el Poder Judicial: La Importancia de la Apertura

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    Sebastián Soto Velasco

    2007-01-01

    Full Text Available El presente trabajo analiza las relaciones entre el Congreso Nacional y el Poder Judicial a través de dos instituciones existentes en nuestro ordenamiento: el proceso de nombramiento de Ministros de la Corte Suprema y los informes que esta última envía al Congreso Nacional en ciertos proyectos de ley. En el caso de las nominaciones de Ministros a la Corte Suprema se estudia como ha operado el sistema desde la incorporación del Senado en 1997 hasta el año 2005. Se analiza cómo la transparencia del proceso, la posibilidad de conocer la historia profesional del nominado y audiencias abiertas contribuirían a incentivar una decisión centrada en criterios de calidad. El documento también se centra en el contenido y la influencia de los informes que envía la Corte Suprema al Congreso Nacional con ocasión de la tramitación de proyectos de ley que contienen normas que modifican la organización o atribuciones de los tribunales de justicia. En esta instancia, permitir el acceso a los informes también tendría positivas consecuencias. En definitiva, aunque hay otras vías de comunicación entre el Congreso y el Poder Judicial, se profundiza únicamente en las mencionadas pues del estudio se concluye que ambas tenderían a aumentar el potencial que de suyo ya tienen si se incorpora apertura en los procesosThis paper analyzes the relationship between the Chilean Congress and Judicial power, focusing on two institutions: the nomination process to appoint Supreme Court justices and the reports that the Supreme Court is constitutionally obligated to send to the Congress when specific types of bills are introduced. The appointment of Supreme Court candidates is studied from the Senate's incorporation in the process from 1997 until 2005. The author states that a more transparent process, including the publication of the candidate's backgrounds and public hearings, would increase the incentives to nominate the most qualified candidates. The paper also

  13. Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory.

    Science.gov (United States)

    Moelis, L S

    1985-01-01

    "Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.

  14. Specialization of judicial and other authorities in the fight against environmental crime

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    Lukić Tatjana

    2012-01-01

    Full Text Available The detection, investigation and prosecution of crimes against the environment has its specificity compared to other forms of crime, because of the nature of these crimes, the manner of execution (modus operandi and the characteristics of their perpetrators. Although there is no objective need for modification of the rules of criminal procedure with regard to these offenses, there is an obvious need for a specialized body of the procedure (prosecutors, judges and authorized officers of the internal affairs. This is due the fact that only specific additional, specialized knowledge about the environmental issues, which is usually multidisciplinary, can provide high-quality, professional and competent research and detection of crimes against the environment. In this paper, the authors deal with the problems of specialization of judicial and other authorities in connection with criminal proceedings for offenses against the environment, of reasonableness and necessity, given the current situation in domestic practice, as well as some comparative solutions and experiences.

  15. Threats to repair injury caused by judicial errors and criminal damage

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    Muntean Vasilisa

    2017-12-01

    Full Text Available The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such unfair situations, there are a number of legal guarantees. The legislator has highlighted both the specific circle of reasons (illegal detention, unlawful criminal prosecution, unlawful sentencing, etc. necessary to ensure that the damage caused to the person can be repaired, as well as the circle of conditions for the right to reparation (the acquittal, the order for termination of the criminal proceedings or for the prosecution, etc.. The reparation of the damage caused by judicial and criminal prosecution errors arises at the time when the act whereby the person was convicted or illegally arrested, ie at the time when the rehabilitation act became irrevocable, was found to be illegal.

  16. Procedure of preliminary decision as a supranational judicial keynote of the European Union member states

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    Delia Magherescu

    2017-10-01

    Full Text Available The procedure of preliminary decision has been for a long time agreed unanimously both by doctrine and jurisprudence and considered as a keynote in developing notional law systems of the European Communities. In the national frame, it is similarly with submitting unconstitutional exception, regulated in several national jurisdictions of the EU Member States. The current paper aims at providing some argues based on a jurisprudence frame of the procedure of preliminary decision made by the Court of Justice of the European Union, as being directory for the national EU Member States’ courts of justice. It also focuses on the judicial issues whose solution is needed in order for the national justice to solve the cases they were invested with.

  17. The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2008-06-01

    The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

  18. The consideration of ecological safety in judicial practice-also on the ecological safety legislation

    Institute of Scientific and Technical Information of China (English)

    L(U) Zhongmei

    2006-01-01

    Ecological safety has been one of the hot issues of environmental law in recent years.The maintenance of ecological safety has become one of the legislative principles,as exemplified by the revision of the Law of Sand Prevention and Sand.Management and the Law against Solid Waste Environmental Pollution,and the relevant rules that will be established.However actual cases will still happen,whether the legislators have made the statutory law or not.While scholars and legislators are debating,the judges have to handle cases and render judgments.Through the analysis of a case,this article will discuss the feasibility for judges to make ecological safety considerations in the judicial process by applying the principle of good faith and will also discuss the legislative issues related to ecological safety.

  19. Compromiso e inteligencia emocional en mediadores del Poder Judicial de Oaxaca, México

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    Carmen María Salvador Ferrer

    2010-01-01

    Full Text Available Este trabajo es un estudio transversal descriptivo, cuyo interés es conocer el papel que desempeñan el compromiso organizacional y la inteligencia emocional en la labor de los mediadores mexicanos. Para tal finalidad, se utilizó una muestra de 38 mediadores del Poder Judicial de Oaxaca. Además, para realizar el análisis de la situación, a través de ecuaciones estructurales, nos centraremos en el estudio de diferentes constructos, tales como: el compromiso, la inteligencia emocional, el sexo y la edad. Así, los resultados de esta investigación indican el impacto que estas variables tienen en el comportamiento del mediador. Además, encontramos que, según la edad y el sexo de los participantes, existen notables diferencias en los componentes del compromiso e inteligencia emocional.

  20. Craniocervical injuries in judicial hangings: an anthropologic analysis of six cases.

    Science.gov (United States)

    Spence, M W; Shkrum, M J; Ariss, A; Regan, J

    1999-12-01

    Restoration projects and archaeologic excavations in two Canadian prisons resulted in the recovery of the skeletons of six felons executed by judicial hanging. Damage inflicted by hanging on various skeletal elements was observed. Among the injuries seen were fractures of the hyoid cornua, styloid processes, occipital bones, and cervical vertebral bodies (C2) and transverse processes (C1, C2, C3, and C5). Despite the general uniformity of the hanging technique, which involved a subaural knot, the trauma to the skeletal elements and the cause of death varied among individuals. Although some of this variation was probably due to minor differences in hanging practices, individual anatomic peculiarities of the victims likely also contributed.