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Sample records for macroscopic constitutive laws

  1. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  2. Reordering American Constitutional Law Teaching.

    Science.gov (United States)

    Gerber, Scott D.

    1994-01-01

    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  3. Constitutional Law and Liberal Education.

    Science.gov (United States)

    Clor, Harry

    1985-01-01

    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  4. From particle simulations to macroscopic constitutive relations

    NARCIS (Netherlands)

    Göncü, F.; Luding, S.

    2010-01-01

    The goal is to determine the constitutive behavior of granular packings under various deformations (isotropic and anisotropic) from particle simulations. For this we consider deformations, stress, structure and the contact forces as the basis. In a previous study [6,7] we investigated using DEM, the

  5. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  6. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  7. Mechanical Behaviour of Materials Volume 1 Micro- and Macroscopic Constitutive Behaviour

    CERN Document Server

    François, Dominique; Zaoui, André

    2012-01-01

    Advances in technology are demanding ever-increasing mastery over the materials being used: the challenge is to gain a better understanding of their behaviour, and more particularly of the relations between their microstructure and their macroscopic properties.   This work, of which this is the first volume, aims to provide the means by which this challenge may be met. Starting from the mechanics of deformation, it develops the laws governing macroscopic behaviour – expressed as the constitutive equations – always taking account of the physical phenomena which underlie rheological behaviour. The most recent developments are presented, in particular those concerning heterogeneous materials such as metallic alloys, polymers and composites. Each chapter is devoted to one of the major classes of material behaviour.   As the subtitles indicate, Volume 1 deals with micro- and macroscopic constitutive behaviour and Volume 2 with damage and fracture mechanics. A third volume will be devoted to exercises and the...

  8. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  9. Constitutive Laws for Visco-plastic Porous Medium Shaped by Regularly Distributed Circular Particles

    Institute of Scientific and Technical Information of China (English)

    Yunzhu Cai; Huaicui Li

    2016-01-01

    A numerical study is presented, using a homogenization technique to consider the plain strain problem of visco⁃plastic porous medium shaped by regularly distributed circular particles. Based on a rigid plastic material, the paper derives the macroscopic constitutive laws for homogenous equivalent medium. By changing the shape parameter of circular particles, the effect of pore shape on macroscopic constitutive laws is explored. Yield surfaces with different pore shapes are obtained. About voids, a two⁃scale conception is introduced, which regards main void as macroscopic scale and secondary cavities as microscopic scale. The macroscopic potential involving main and secondary voids is achieved. The proposed macroscopic constitutive law taking microscopic features as influence factors is helpful for exploring the macroscopic mechanical properties of porous medium when numerical simulation is required.

  10. Reconciling power laws in microscopic and macroscopic neural recordings

    CERN Document Server

    Pettersen, Klas H; Tetzlaff, Tom; Einevoll, Gaute T

    2013-01-01

    Power laws, characterized by quantities following 1/x^\\alpha{} distributions, are commonly reported when observing nature or society, and the question of their origin has for a long time intrigued physicists. Power laws have also been observed in neural recordings, both at the macroscopic and microscopic levels: at the macroscopic level, the power spectral density (PSD) of the electroencephalogram (EEG) has been seen to follow 1/f^\\alpha{} distributions; at the microscopic level similar power laws have been observed in single-neuron recordings of the neuronal soma potential and soma current, yet with different values of the power-law exponent \\alpha. In this theoretical study we find that these observed macroscopic and microscopic power laws may, despite the widely different spatial scales and different exponents, have the same source. By a combination of simulation on a biophysical detailed, pyramidal neuron model and analytical investigations of a simplified ball and stick neuron, we find that the transfer ...

  11. Globalization of Constitutional Law and Civil Rights.

    Science.gov (United States)

    Weissbrodt, David

    1993-01-01

    Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)

  12. Globalization of Constitutional Law and Civil Rights.

    Science.gov (United States)

    Weissbrodt, David

    1993-01-01

    Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)

  13. The Teaching of Constitutional Law in American Law Schools.

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

    A survey of the teaching of constitutional law used questionnaires sent to the dean of every law school approved by the Association of American Law Schools or the American Bar Association. Responses describe the basic course, advanced courses and seminars, teachers, goals, and examinations. (MLW)

  14. A New Perspective on Teaching Constitutional Law

    Science.gov (United States)

    Rosenblum, Robert

    1977-01-01

    The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

  15. Constitutional developments in Latin American abortion law.

    Science.gov (United States)

    Bergallo, Paola; Ramón Michel, Agustina

    2016-11-01

    For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries' high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less restrictive laws. In doing so, they have articulated limits to protection of fetal interests, and basic ideas of women's dignity, autonomy, and equality. The process of constitutionalization has only just begun. Constitutional judgments are not the last word, but they are important contributions in reinforcing the legality of abortion.

  16. Washington upholds HIV exposure law as constitutional.

    Science.gov (United States)

    1999-12-24

    A Washington State appeals court has rejected a constitutional challenge to a law that makes the intentional spreading of HIV to sex partners a crime. The court rejected the notion that the criminal exposure law violated the equal protection clause of the U.S. and State constitutions because it singled out those infected with HIV for unequal treatment. The court saw the law applied specific conduct to all, infected and non-infected alike, not specific groups of people. A second argument that the defendants were denied right of procreation was rejected because those rights are not protected if the defendant intended to inflict bodily injury. In this case, the defendant, [name removed], knowing his HIV status, willingly had sex with several women without warning them of his status or using a condom. The court viewed this behavior as acting with intent to inflict harm. An earlier case involving an HIV-specific criminal exposure law is described.

  17. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  18. Maxwell's macroscopic equations, the energy-momentum postulates, and the Lorentz law of force

    CERN Document Server

    Mansuripur, Masud

    2013-01-01

    We argue that the classical theory of electromagnetism is based on Maxwell's macroscopic equations, an energy postulate, a momentum postulate, and a generalized form of the Lorentz law of force. These seven postulates constitute the foundation of a complete and consistent theory, thus eliminating the need for actual (i.e., physical) models of polarization P and magnetization M, these being the distinguishing features of Maxwell's macroscopic equations. In the proposed formulation, P(r,t) and M(r,t) are arbitrary functions of space and time, their physical properties being embedded in the seven postulates of the theory. The postulates are self-consistent, comply with the requirements of the special theory of relativity, and satisfy the laws of conservation of energy, linear momentum, and angular momentum. One advantage of the proposed formulation is that it side-steps the long-standing Abraham-Minkowski controversy surrounding the electromagnetic momentum inside a material medium by simply "assigning" the Abra...

  19. HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

    Directory of Open Access Journals (Sweden)

    Cass R. Sunstein

    2017-02-01

    Full Text Available Human beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis – and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it involved a great deal of improvisation and surprise, even to Lucas himself. Serendipity and happenstance, sometimes in the forms of eruptions of new thinking, play a pervasive and overlooked role in the creative imagination, certainly in single authored works, and even more in multi-authored ones extending over time. Serendipity imposes serious demands on the search for coherence in art, literature, history, and law. That search leads many people (including Lucas to misdescribe the nature of their own creativity and authorship. The misdescription appears to respond to a serious human need for sense-making and pattern-finding, but it is a significant obstacle to understanding and critical reflection. Whether Jedi or Sith, many authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes.

  20. Grasping the Second Law of Thermodynamics at University: The Consistency of Macroscopic and Microscopic Explanations

    Science.gov (United States)

    Leinonen, Risto; Asikainen, Mervi A.; Hirvonen, Pekka E.

    2015-01-01

    This study concentrates on evaluating the consistency of upper-division students' use of the second law of thermodynamics at macroscopic and microscopic levels. Data were collected by means of a paper and pencil test (N = 48) focusing on the macroscopic and microscopic features of the second law concerned with heat transfer processes. The data…

  1. Grasping the Second Law of Thermodynamics at University: The Consistency of Macroscopic and Microscopic Explanations

    Science.gov (United States)

    Leinonen, Risto; Asikainen, Mervi A.; Hirvonen, Pekka E.

    2015-01-01

    This study concentrates on evaluating the consistency of upper-division students' use of the second law of thermodynamics at macroscopic and microscopic levels. Data were collected by means of a paper and pencil test (N = 48) focusing on the macroscopic and microscopic features of the second law concerned with heat transfer processes. The data…

  2. Cultural, social and economic rights in the Constitution corpus and Constitutional Court’s Case Law

    Directory of Open Access Journals (Sweden)

    Patricio Rubio

    2013-12-01

    Full Text Available This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law.

  3. State Constitutionalism: Completing the Interdisciplinary Study of Constitutional Law and Political Theory.

    Science.gov (United States)

    Williams, Robert F.

    1993-01-01

    Argues that a complete and accurate understanding of constitutional history and constitutional law requires the study of state constitutions. Maintains that state constitutions contain a coherent political theory that is, in important respects, at variance with the concept of federalism. (CFR)

  4. Equality v. Liberty v. Pluralism: Latinos in American Constitutional Law.

    Science.gov (United States)

    Soltero, Carlos R.

    This paper examines how U.S. courts, particularly the Supreme Court, have applied constitutional law principles to Latino communities and individuals in three areas: public education, the status of Puerto Rico, and jury selection. Consistent with traditional views of American society as biracial (black and white), constitutional law discussions…

  5. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... and constitutionalism as a cultural imposition, and as a new form of colonization....

  6. Constitutive laws, tensorial invariance and chocolate cake

    Energy Technology Data Exchange (ETDEWEB)

    Rundle, J.B.; Passman, S.L.

    1982-01-01

    Although constitutive modeling is a well-established branch of mathematics which has found wide industrial application, geophysicists often do not take full advantage of its known results. We present a synopsis of the theory of constitutive modeling, couched in terms of the simple material, which has been extensively studied and is complex enough to include most of the correct models proposed to describe the behavior of geological materials. Critical in the development of the theory are various invariance requirements, the principal ones being coordinate invariance, peer group invariance (isotropy), and frame-indifference. Each places distinct restrictions on constitutive equations. A noncomprehensive list of properly invariant and commonly used constitutive equations is given. To exemplify use of the equations, we consider two problems in detail: steady extension, which models the commonly performed constant strain rate triaxial test, and simple shearing. We note that each test is so restricted kinematically that only the most trivial aspects of material behavior are manifested in these tests, no matter how complex the material. Furthermore, the results of one test do not generally determine the results of the other.

  7. 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.

  8. the south african constitutional court and the rule of law

    African Journals Online (AJOL)

    cmps073

    of the rule of law as a foundational constitutional concept are of great importance. ... This case note considers the Masethla judgment against the background of literature ..... the actualisation of justice through commitment to the right to dignity.

  9. A Viscoelastic Constitutive Law For FRP Materials

    Science.gov (United States)

    Ascione, Luigi; Berardi, Valentino Paolo; D'Aponte, Anna

    2011-09-01

    The present study deals with the long-term behavior of fiber-reinforced polymer (FRP) materials in civil engineering. More specifically, the authors propose a mechanical model capable of predicting the viscoelastic behavior of FRP laminates in the field of linear viscoelasticity, starting from that of the matrix material and fiber. The model is closely connected with the low FRP stress levels in civil engineering applications. The model is based on a micromechanical approach which assumes that there is a perfect adhesion between the matrix and fiber. The long-term behavior of the phases is described through a four-parameter rheological law. A validation of the model has also been developed by matching the predicted behavior with an experimental one available in the literature.

  10. Law & psychiatry: Does the constitution require an insanity defense?

    Science.gov (United States)

    Appelbaum, Paul S

    2013-10-01

    Idaho is one of four states that have abolished the insanity defense. Hence, John Delling, on trial for two murders in Idaho, was unable to plead insanity or to argue that he lacked intent to kill, the only available option under Idaho law. After being sentenced to life in prison without parole, Delling challenged the constitutionality of Idaho's law. The state's supreme court rejected his appeal, holding that--despite the long history of the insanity defense and its widespread acceptance--there was no constitutional right to an insanity defense. Delling's petition to the U.S. Supreme Court was turned away, leaving the constitutional status of the insanity defense uncertain.

  11. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

  12. Muslim personal law and the meaning of "law" in the South African and Indian constitutions

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    1999-12-01

    Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are

  13. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern...... constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... to reconcile and which each claim exclusivity and hierarchical superiority. The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights...

  14. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    Science.gov (United States)

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  15. Grasping the second law of thermodynamics at university: The consistency of macroscopic and microscopic explanations

    Science.gov (United States)

    Leinonen, Risto; Asikainen, Mervi A.; Hirvonen, Pekka E.

    2015-12-01

    [This paper is part of the Focused Collection on Upper Division Physics Courses.] This study concentrates on evaluating the consistency of upper-division students' use of the second law of thermodynamics at macroscopic and microscopic levels. Data were collected by means of a paper and pencil test (N =4 8 ) focusing on the macroscopic and microscopic features of the second law concerned with heat transfer processes. The data analysis was based on a qualitative content analysis where students' responses to the macroscopic- and microscopic-level items were categorized to provide insight into the consistency of the students' ideas; if students relied on the same idea at both levels, they ended up in the same category at both levels, and their use of the second law was consistent. The most essential finding is that a majority of students, 52%-69% depending on the physical system under evaluation, used the second law of thermodynamics consistently at macroscopic and microscopic levels; approximately 40% of the students used it correctly in terms of physics while others relied on erroneous ideas, such as the idea of conserving entropy. The most common inconsistency harbored by 10%-15% of the students (depending on the physical system under evaluation) was students' tendency to consider the number of accessible microstates to remain constant even if the entropy was stated to increase in a similar process; other inconsistencies were only seen in the answers of a few students. In order to address the observed inconsistencies, we would suggest that lecturers should utilize tasks that challenge students to evaluate phenomena at macroscopic and microscopic levels concurrently and tasks that would guide students in their search for contradictions in their thinking.

  16. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

    Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

  17. Micromechanics of Composite Materials Governed by Vector Constitutive Laws

    Science.gov (United States)

    Bednarcyk, Brett A.; Aboudi, Jacob; Arnold, Steven M.

    2017-01-01

    The high-fidelity generalized method of cells micromechanics theory has been extended for the prediction of the effective property tensor and the corresponding local field distributions for composites whose constituents are governed by vector constitutive laws. As shown, the shear analogy, which can predict effective transverse properties, is not valid in the general three-dimensional case. Consequently, a general derivation is presented that is applicable to both continuously and discontinuously reinforced composites with arbitrary vector constitutive laws and periodic microstructures. Results are given for thermal and electric problems, effective properties and local field distributions, ordered and random microstructures, as well as complex geometries including woven composites. Comparisons of the theory's predictions are made to test data, numerical analysis, and classical expressions from the literature. Further, classical methods cannot provide the local field distributions in the composite, and it is demonstrated that, as the percolation threshold is approached, their predictions are increasingly unreliable. XXXX It has been observed that the bonding between the fibers and matrix in composite materials can be imperfect. In the context of thermal conductivity, such imperfect interfaces have been investigated in micromechanical models by Dunn and Taya (1993), Duan and Karihaloo (2007), Nan et al. (1997) and Hashin (2001). The present HFGMC micromechanical method, derived for perfectly bonded composite materials governed by vector constitutive laws, can be easily generalized to include the effects of weak bonding between the constituents. Such generalizations, in the context of the mechanical micromechanics problem, involve introduction of a traction-separation law at the fiber/matrix interface and have been presented by Aboudi (1987), Bednarcyk and Arnold (2002), Bednarcyk et al. (2004) and Aboudi et al. (2013) and will be addressed in the future.

  18. ITERATIVE ALGORITHM FOR AXIALLY ACCELERATING STRINGS WITH INTEGRAL CONSTITUTIVE LAW

    Institute of Scientific and Technical Information of China (English)

    Weijia Zhao; Liqun Chen

    2008-01-01

    A numerical method is proposed to simulate the transverse vibrations of a viscoelastic moving string constituted by an integral law.In the numerical computation,the Galerkin method based on the Hermite functions is applied to discretize the state variables,and the RungeKutta method is applied to solve the resulting differential-integral equation system.A linear iterative process is designed to compute the integral terms at each time step,which makes the numerical method more efficient and accurate.As examples,nonlinear parametric vibrations of an axially moving viscoelastic string are analyzed.

  19. Macroscopic irreversibility and microscopic paradox: A Constructal law analysis of atoms as open systems

    Science.gov (United States)

    Lucia, Umberto

    2016-10-01

    The relation between macroscopic irreversibility and microscopic reversibility is a present unsolved problem. Constructal law is introduced to develop analytically the Einstein’s, Schrödinger’s, and Gibbs’ considerations on the interaction between particles and thermal radiation (photons). The result leads to consider the atoms and molecules as open systems in continuous interaction with flows of photons from their surroundings. The consequent result is that, in any atomic transition, the energy related to the microscopic irreversibility is negligible, while when a great number of atoms (of the order of Avogadro’s number) is considered, this energy related to irreversibility becomes so large that its order of magnitude must be taken into account. Consequently, macroscopic irreversibility results related to microscopic irreversibility by flows of photons and amount of atoms involved in the processes.

  20. Studying United States Constitutional Law: A Personal Experience of a Chinese Student.

    Science.gov (United States)

    Liu, Fengming

    1987-01-01

    A Chinese student of American constitutional law looks at problems and prospects in the application of the American constitutional experience in China and encourages more comparative study of consitutional law. (MSE)

  1. Structural three-dimensional constitutive law for the passive myocardium.

    Science.gov (United States)

    Horowitz, A; Lanir, Y; Yin, F C; Perl, M; Sheinman, I; Strumpf, R K

    1988-08-01

    A three-dimensional constitutive law is proposed for the myocardium. Its formulation is based on a structural approach in which the total strain energy of the tissue is the sum of the strain energies of its constituents: the muscle fibers, the collagen fibers and the fluid matrix which embeds them. The ensuing material law expresses the specific structural and mechanical properties of the tissue, namely, the spatial orientation of the comprising fibers, their waviness in the unstressed state and their stress-strain behavior when stretched. Having assumed specific functional forms for the distribution of the fibers spatial orientation and waviness, the results of biaxial mechanical tests serve for the estimation of the material constants appearing in the constitutive equations. A very good fit is obtained between the measured and the calculated stresses, indicating the suitability of the proposed model for describing the mechanical behavior of the passive myocardium. Moreover, the results provide general conclusions concerning the structural basis for the tissue overall mechanical properties, the main of which is that the collagen matrix, though comprising a relatively small fraction of the whole tissue volume, is the dominant component accounting for its stiffness.

  2. Large Deformation Constitutive Laws for Isotropic Thermoelastic Materials

    Energy Technology Data Exchange (ETDEWEB)

    Plohr, Bradley J. [Los Alamos National Laboratory; Plohr, Jeeyeon N. [Los Alamos National Laboratory

    2012-07-25

    We examine the approximations made in using Hooke's law as a constitutive relation for an isotropic thermoelastic material subjected to large deformation by calculating the stress evolution equation from the free energy. For a general thermoelastic material, we employ the volume-preserving part of the deformation gradient to facilitate volumetric/shear strain decompositions of the free energy, its first derivatives (the Cauchy stress and entropy), and its second derivatives (the specific heat, Grueneisen tensor, and elasticity tensor). Specializing to isotropic materials, we calculate these constitutive quantities more explicitly. For deformations with limited shear strain, but possibly large changes in volume, we show that the differential equations for the stress components involve new terms in addition to the traditional Hooke's law terms. These new terms are of the same order in the shear strain as the objective derivative terms needed for frame indifference; unless the latter terms are negligible, the former cannot be neglected. We also demonstrate that accounting for the new terms requires that the deformation gradient be included as a field variable

  3. FATAL FOETAL ABNORMALITY, IRISH CONSTITUTIONAL LAW, AND MELLET v IRELAND.

    Science.gov (United States)

    de Londras, Fiona

    2016-12-27

    Under the Irish Constitution abortion is allowed only where the life of the pregnant woman is at risk. The provision in question, Article 40.3.3 (or the 8th Amendment) has long been criticised for failing to respect women's autonomy, and in Mellet v Ireland, the UN Human Rights Committee found that Amanda Jane Mellet, who travelled to Liverpool to access abortion following a finding that her foetus suffered a fatal abnormality, had suffered a violation of her rights under the International Covenant on Civil and Political Rights (ICCPR). In this commentary I demonstrate the value of Mellet when compared to the possible legal findings in such circumstances under both the Constitution and the European Convention on Human Rights, and argue that the findings are not restricted to cases of fatal foetal abnormality. Rather, the Committee's decision illustrates the suffering that all women in Ireland who travel to access abortion experience, arguably constituting a violation of their right to be free from cruel, inhuman, and degrading treatment. On that reading, Mellet signifies the need to implement a comprehensive rethink of Irish abortion law including, but going beyond, access to abortion in cases of fatal foetal abnormality.

  4. Microscopic molecular dynamics characterization of the second-order non-Navier-Fourier constitutive laws in the Poiseuille gas flow

    Science.gov (United States)

    Rana, A.; Ravichandran, R.; Park, J. H.; Myong, R. S.

    2016-08-01

    The second-order non-Navier-Fourier constitutive laws, expressed in a compact algebraic mathematical form, were validated for the force-driven Poiseuille gas flow by the deterministic atomic-level microscopic molecular dynamics (MD). Emphasis is placed on how completely different methods (a second-order continuum macroscopic theory based on the kinetic Boltzmann equation, the probabilistic mesoscopic direct simulation Monte Carlo, and, in particular, the deterministic microscopic MD) describe the non-classical physics, and whether the second-order non-Navier-Fourier constitutive laws derived from the continuum theory can be validated using MD solutions for the viscous stress and heat flux calculated directly from the molecular data using the statistical method. Peculiar behaviors (non-uniform tangent pressure profile and exotic instantaneous heat conduction from cold to hot [R. S. Myong, "A full analytical solution for the force-driven compressible Poiseuille gas flow based on a nonlinear coupled constitutive relation," Phys. Fluids 23(1), 012002 (2011)]) were re-examined using atomic-level MD results. It was shown that all three results were in strong qualitative agreement with each other, implying that the second-order non-Navier-Fourier laws are indeed physically legitimate in the transition regime. Furthermore, it was shown that the non-Navier-Fourier constitutive laws are essential for describing non-zero normal stress and tangential heat flux, while the classical and non-classical laws remain similar for shear stress and normal heat flux.

  5. Microscopic molecular dynamics characterization of the second-order non-Navier-Fourier constitutive laws in the Poiseuille gas flow

    Energy Technology Data Exchange (ETDEWEB)

    Rana, A.; Ravichandran, R. [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Park, J. H.; Myong, R. S., E-mail: myong@gnu.ac.kr [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Research Center for Aircraft Parts Technology, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of)

    2016-08-15

    The second-order non-Navier-Fourier constitutive laws, expressed in a compact algebraic mathematical form, were validated for the force-driven Poiseuille gas flow by the deterministic atomic-level microscopic molecular dynamics (MD). Emphasis is placed on how completely different methods (a second-order continuum macroscopic theory based on the kinetic Boltzmann equation, the probabilistic mesoscopic direct simulation Monte Carlo, and, in particular, the deterministic microscopic MD) describe the non-classical physics, and whether the second-order non-Navier-Fourier constitutive laws derived from the continuum theory can be validated using MD solutions for the viscous stress and heat flux calculated directly from the molecular data using the statistical method. Peculiar behaviors (non-uniform tangent pressure profile and exotic instantaneous heat conduction from cold to hot [R. S. Myong, “A full analytical solution for the force-driven compressible Poiseuille gas flow based on a nonlinear coupled constitutive relation,” Phys. Fluids 23(1), 012002 (2011)]) were re-examined using atomic-level MD results. It was shown that all three results were in strong qualitative agreement with each other, implying that the second-order non-Navier-Fourier laws are indeed physically legitimate in the transition regime. Furthermore, it was shown that the non-Navier-Fourier constitutive laws are essential for describing non-zero normal stress and tangential heat flux, while the classical and non-classical laws remain similar for shear stress and normal heat flux.

  6. Taking Causality Seriously in Comparative Constitutional Law: Insights from Comparative Politics and Comparative Political Economy

    OpenAIRE

    Whytock, CA

    2015-01-01

    By highlighting the many ways that constitutions vary, comparative constitutional law raises interesting and important causal questions: What explains cross-national constitutional variation, and what are the real-world consequences of different constitutional arrangements? But comparative constitutional law scholarship so far has done relatively little to address these issues of constitutional causes and consequences in a rigorous manner. In this paper, I argue that scholars have much to gai...

  7. Power-law scaling for macroscopic entropy and microscopic complexity: Evidence from human movement and posture

    Science.gov (United States)

    Hong, S. Lee; Bodfish, James W.; Newell, Karl M.

    2006-03-01

    We investigated the relationship between macroscopic entropy and microscopic complexity of the dynamics of body rocking and sitting still across adults with stereotyped movement disorder and mental retardation (profound and severe) against controls matched for age, height, and weight. This analysis was performed through the examination of center of pressure (COP) motion on the mediolateral (side-to-side) and anteroposterior (fore-aft) dimensions and the entropy of the relative phase between the two dimensions of motion. Intentional body rocking and stereotypical body rocking possessed similar slopes for their respective frequency spectra, but differences were revealed during maintenance of sitting postures. The dynamics of sitting in the control group produced lower spectral slopes and higher complexity (approximate entropy). In the controls, the higher complexity found on each dimension of motion was related to a weaker coupling between dimensions. Information entropy of the relative phase between the two dimensions of COP motion and irregularity (complexity) of their respective motions fitted a power-law function, revealing a relationship between macroscopic entropy and microscopic complexity across both groups and behaviors. This power-law relation affords the postulation that the organization of movement and posture dynamics occurs as a fractal process.

  8. Between fragmentation and unity : the uneasy relationship between global administrative law and global constitutionalism

    OpenAIRE

    Kuo, Ming-Sung

    2009-01-01

    Administrative law and constitutional law, which together constitute\\ud what we call "public law," are closely related in many ways. For one\\ud thing, constitutional law refers to the body of the law that sets out the\\ud powers of public authorities by establishing the political system and\\ud stipulates the relationship between individuals and public authorities,\\ud while administrative law concerns "the ways in which the exercise of\\ud public power may be held to constitutional account." Thu...

  9. Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-05-01

    Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

  10. THE INFLUENCE OF TH E INTERAMERICAN SYSTEM OF HUMAN RIGTHS IN THE CONSTITUTIONAL COLOMBIAN LAW

    OpenAIRE

    Fajardo Arturo, Luis Andrés; Universidad Sergio Arboleda

    2008-01-01

    The Colombian constitutional law has undergone a fundamental turnaround in the past 17 years. The introduction of the neoconstitucionalismo model in Latin America, coupled with the militancy of the Constitutional Court by a change in the legal culture, have made constitutional law exceeds by far the scope of the text of the Charter. The new form of constitutional law is structured across concepts that are derived from the judges and constitutional interpretations of human rights carried out b...

  11. Towards a Sound Pedagogy in Law: A Constitutionally Informed ...

    African Journals Online (AJOL)

    MJM Venter

    2017-04-25

    Apr 25, 2017 ... Lecturer of Research Methodology for Law Students and ..... active participation in order to facilitate their own learning and enhance their ...... navigate it all become even more important.133 The law librarian should be.

  12. The nuclear fuels tax is in conformity with constitutional law; Die Kernbrennstoffsteuer ist verfassungsgemaess

    Energy Technology Data Exchange (ETDEWEB)

    Faehrmann, Ingo; Ringwald, Roman [Sozietaet Becker Buettner Held, Berlin (Germany)

    2012-02-13

    There are rulings by three courts of finance concerning the conformity of the nuclear fuels tax with German constitutional law. While the FG Hamburg and FG Munich were in some doubt, the FG Baden-Wuerttemberg was of the opinion that the nuclear fuels tax act is compatible with German constitutional law.

  13. Macroscopic law of conservation revealed in the population dynamics of Toll-like receptor signaling

    Directory of Open Access Journals (Sweden)

    Selvarajoo Kumar

    2011-04-01

    Full Text Available Abstract Stimulating the receptors of a single cell generates stochastic intracellular signaling. The fluctuating response has been attributed to the low abundance of signaling molecules and the spatio-temporal effects of diffusion and crowding. At population level, however, cells are able to execute well-defined deterministic biological processes such as growth, division, differentiation and immune response. These data reflect biology as a system possessing microscopic and macroscopic dynamics. This commentary discusses the average population response of the Toll-like receptor (TLR 3 and 4 signaling. Without requiring detailed experimental data, linear response equations together with the fundamental law of information conservation have been used to decipher novel network features such as unknown intermediates, processes and cross-talk mechanisms. For single cell response, however, such simplicity seems far from reality. Thus, as observed in any other complex systems, biology can be considered to possess order and disorder, inheriting a mixture of predictable population level and unpredictable single cell outcomes.

  14. Stohastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

    1998-01-01

    The purpose of this paper is to obtain a stochastic model for the parameters in a constitutive model for concrete based on associated plasticity theory and with emphasis placed on the pre-failure range. The constitutive model is based on a Drucker Prager yield surface augmented by a Rankine cut......-off criterion. The statistics of the material parameters are obtained by applying biaxial test results for plane concrete slabs to the constitutive model using the maximum likelihood method. Response surfaces are used to obtain the statistics for a parameter depending on other previously obtained parameters...

  15. Stochastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

    The purpose of this paper is to obtain a stochastic model for the parameters in a constitutive model for concrete based on associated plasticity theory and with emphasis placed on the pre-failure range. The constitutive model is based on a Drucker Prager yield surface augmented by a Rankine cut......-off criterion. The statistics of the material parameters are obtained by applying biaxial test results for plane concrete slabs to the constitutive model using the maximum likelihood method. Response surfaces are used to obtain the statistics for a parameter depending on other previously obtained parameters...

  16. Obligation of negotiation and facultative arbitration as part of constitutional law content on collective negotiation

    Directory of Open Access Journals (Sweden)

    Guillermo Boza Pró

    2013-12-01

    Full Text Available This work studies constitutional bases of two essential institutions of Collective Labor Law: employer’s obligation to negotiate collectively and facultative arbitration. In relation to the first one, using tools provided bythe Theory of Law, it is argued that the section 28º of Peruvian Constitution establishes a collective negotiation concept as claim (not as permission so, employers legal obligation of collective negotiation is constitutional. In theother hand, regarding facultative arbitration, it has constitutional support on state’s obligation to promote pacific ways to labor conflicts; even though, it is questioned that a «sub constitutional» rule has restrictively regulated this institution.

  17. The figure of constitutional law of the "Integrated State": the case of the Grand Duchy of Luxembourg

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

    EU Member State status – Member statehood – The idea of an “Integrated State” – Impact of EU membership on the concepts and substance of national constitutional law – Europeanization of member state’s constitutional law – European constitutional law understood as Europeanized national constitutional law – European functions of constitutional organs – How to protect fundamental rights in a European area characterized by the overlaying of legal sources – The concept of “higher law” within the n...

  18. Legal Nature and Functions of Referendum in Constitutional Law Theory

    Science.gov (United States)

    Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.

    2016-01-01

    The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…

  19. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

  20. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

  1. Contracts with protection duties. A propos of Constitutional and Civil Law connection

    Directory of Open Access Journals (Sweden)

    Rómulo Morales Hervias

    2013-12-01

    Full Text Available This essay examines protection duties arising under a contract. Its doctrinal and comparative case-law development is very broad. In Peru, national doctrine has studied it from case-law specific cases. The purpose ofthis study is to develop the analysis of autonomy of these duties towards main and secondary obligations arose under contracts in order to give legal bases not only from Civil Law but also from Constitutional Law perspective.

  2. Constitutional Court's Review and the Future of Water Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

    Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

  3. Consequences of the Iraq War for International and Constitutional Law

    DEFF Research Database (Denmark)

    Jarvad, Ib Martin

    2007-01-01

    It is argued that international law can be changed by state practice as it has been attempted by the attacking parties in the Iraq war, but also that their objective has failed because of unclear, changing, and mutually contradictory aims stated for the invasion. The incidents raise the need...

  4. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  5. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-06-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analysed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  6. Estimation of Nonlinear Three-dimensional Constitutive Law for DNA Molecules

    CERN Document Server

    Palanthandalam-Madapusi, Harish J

    2010-01-01

    Long length-scale structural deformations of DNA play a central role in many biological processes including gene expression. The elastic rod model, which uses a continuum approximation, has emerged as a viable tool to model deformations of DNA molecules. The elastic rod model predictions are however very sensitive to the constitutive law (material properties) of the molecule, which in turn, vary along the molecules length according to its base-pair sequence. Identification of the nonlinear sequence-dependent constitutive law from experimental data and feasible molecular dynamics simulations remains a significant challenge. In this paper, we develop techniques to use elastic rod model equations in combination with limited experimental measurements or high-fidelity molecular dynamics simulation data to estimate the nonlinear constitutive law governing DNA molecules. We first cast the elastic rod model equations in state-space form and express the effect of the unknown constitutive law as an unknown input to the...

  7. COMPARATIVE CONSTITUTIONAL LAW AND WEAK-FORM JUDICIAL REVIEW

    OpenAIRE

    2013-01-01

    Até os anos 1980, tratar de controle de constitucionalidade no âmbito do direito comparado significava ignorar a prática constitucional desenvolvida em boa parte dos países da família da common law. Isso porque o Reino Unido, juntamente com algumas de suas ex-colônias (como Canadá, Nova Zelândia e Austrália, além de Israel, cujo território fora um protetorado inglês antes de se tornar um Estado independente), apegados ao dogma da soberania do Parlamento, resistiam em reconhe...

  8. The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2012-05-01

    Full Text Available This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitutional provision enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. In fact, this led to the wide use of foreign jurisprudence and legislation (from which were extracted argumentation models, patterns of balancing between principles and sometimes actual normative 'meanings': in other words, extra-systemic legal inferences. This article shows the existence of several patterns of legal argumentation based on foreign law which were developed by the South African Constitutional Court.

  9. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    NARCIS (Netherlands)

    Thorp, Teresa

    2012-01-01

    Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a

  10. Constitutional Law Fundamentals of the State Administration of the Social Sphere in the Republic of Kazakhstan

    Science.gov (United States)

    Khamzin, Amangeldy Sh.; Khamzina, Zhanna A.; Oryntayev, Zhambyl K.; Alshurazova, Raushan A.; Sherimkulova, Gulbanu D.; Yermukhametova, Saulegul R.

    2016-01-01

    The study deals with a comprehensive analysis of constitutional fundamentals of state administration of the social sphere in the Republic of Kazakhstan. The content of the constitutional law social sphere institution is unfolded by means of the inter-sectoral analysis of legal regulations of which it consists and the inter-disciplinary study of…

  11. What's Wrong with Teaching Facts to Constitutional Law Students--Rebuttal to a Colleague.

    Science.gov (United States)

    Giglio, Ernest D.

    1979-01-01

    Criticizes an article in the April 1978 issue of "Teaching Political Science" in which R. Langren maintained that case-decision identification and factual recall serve as good bases for a study of constitutional law. Current article maintains that law-related courses in a liberal arts context should stress good citizenship and critical analysis of…

  12. Numerical implementation of constitutive material law for simulating the kinkband formation in fiber composites

    DEFF Research Database (Denmark)

    Veluri, Badrinath; Jensen, Henrik Myhre

    2011-01-01

    Finite element models with a constitutive material behavior that represents the non-linear response of fiber composites are used to simulate the compressive failure mechanism i.e. kinkband formation. A constitutive material law in framework of micromechanical modeling containing comprehensive...... constitutive equations for the constituent materials is adopted to model the non-linear behavior of the unidirectional layered materials. This material law is implemented as UMAT user subroutine in ABAQUS/Standard to study kinkband formation. The methodology provides a procedure to investigate the kinkband...

  13. Analytical solution to the Riemann problem of 1D elastodynamics with general constitutive laws

    CERN Document Server

    Berjamin, H; Chiavassa, G; Favrie, N

    2016-01-01

    Under the hypothesis of small deformations, the equations of 1D elastodynamics write as a 2 x 2 hyperbolic system of conservation laws. Here, we study the Riemann problem for convex and nonconvex constitutive laws. In the convex case, the solution can include shock waves or rarefaction waves. In the nonconvex case, compound waves must also be considered. In both convex and nonconvex cases, a new existence criterion for the initial velocity jump is obtained. Also, admissibility regions are determined. Lastly, analytical solutions are completely detailed for various constitutive laws (hyperbola, tanh and polynomial), and reference test cases are proposed.

  14. A developmental perspective on the ideal of reason in American constitutional law.

    Science.gov (United States)

    Dailey, Anne C

    2005-01-01

    The ideal of reason is central to contemporary accounts of citizenship in American constitutional law. The individual capacity for reasoned choice lies closely aligned with the constitutional values of personal liberty and democratic self-government as they have evolved in Supreme Court decisions over the past century. Yet as presently conceived, the ideal of reason in constitutional law overlooks the process by which individuals actually acquire the capacity to choose their own values and commitments or to engage in reasoned thinking about collective ends. This paper argues that we cannot hope to sustain and foster a constitutional polity committed to the principles of individual liberty and democratic self-government without knowing something about how individual citizens come to possess this requisite skill of mind. A developmental perspective on reason in constitutional law provides a framework for examining the source and contours of the psychological skills that make it possible to lead an autonomous, self-directed life and to participate meaningfully in the processes of democratic self-government. Developmental psychology, together with research in related fields, provides empirical support for the proposition that the psychological capacity for reasoned thinking has its roots in the early caregiving relationship. Thus, a comprehensive and integrated constitutional family law must recognize the role of early caregiving in the political socialization of children. This developmental approach offers a substantial reworking of constitutional doctrine in the areas of family privacy, parental rights, congressional power, and affirmative welfare rights.

  15. Constitutional Law and International Law at the Turn of the Century ...

    African Journals Online (AJOL)

    Administrator

    Law and International Law former Vice-President of the European Commission .... health and public morality, or the rights and freedoms of others. .... The United Nations, formed after World War II, was the consequence of these developments.

  16. Constitutional Law and International Law at the Turn of the Century ...

    African Journals Online (AJOL)

    Administrator

    History has seen several waves of constitution-making in the 20th Century. ... Southern European countries such as Italy, Spain and Portugal have ... lawyers who have to work with a constitution drafted at the end of the 18th century before.

  17. CONSTITUTIONALISM

    African Journals Online (AJOL)

    eliasn

    identified as a criminal act by the legislature through the law-making process enshrined in a ... or under the law without discrimination on the basis of status, wealth, race, nationality, gender .... 23 Wikipedia, the free encyclopedia. 24 Id. 25 Id.

  18. AC losses in superconductors with a power-law constitutive relation

    Energy Technology Data Exchange (ETDEWEB)

    Agassi, Y.D., E-mail: yehoshua.agassi@navy.mil

    2015-10-15

    Highlights: • Derivation of power-law constitutive-relation from distributed Anderson–Kim theory. • The electric-field for HTS constitutive-relation satisfies nonlinear heat-equation. • For slab, AC losses scale as B{sub 0}{sup m}, m = 3–4 and I{sup 3} with field-amplitude and current, respectively. • Calculated pinning potential, AC-losses scaling is consistent with BSCCO data. - Abstract: The observed constitutive relation between the electrical field and current density in cuprates high temperature superconductors is a power-law of the current. This functional dependence is presumably related to the giant flux-creep domain. It is shown that this constitutive relation reflects the statistical spread of the pinning potential associated with creep motion of vortex bundles. The AC losses emanating from a power-law constitutive relation are calculated in an approach focused on the superconductor’s electric field. For a slab geometry in the presence of a parallel AC magnetic field or transport current, the calculated AC-loss scaling laws are consistent with BSCCO data and the critical state model. Extensions of the approach are briefly discussed.

  19. Legal argumentation based on foreign law
    An example from case law of the South African Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2007-06-01

    Full Text Available This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to ‘consider foreign law’ when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as well as extra-systemic parameters, that have formed the basis for models of legal argumentation. The article explores what appears to be a recurring ‘patterns’ of legal argumentation based on foreign law used by the Court which has been defined ‘probative importation’.

  20. Identification and comparison of different constitutive laws for high speed solicitation

    Science.gov (United States)

    Sattouf, C.; Dalverny, O.; Rakotomalala, R.

    2003-09-01

    This paper deals with a methodology for the identification of constitutive laws for metallic materials under dynamic loading at high strain rates. Different constitutive elastoplastic behaviors are compared to represent several materials such as 42CD4 steel or aluminum alloy A2017T3. The classical radial return algorithm is used to integrate the elastoplasticity law with a mixed isotropic/kinematic hardening. The theory has been used to implement the constitutive law in Abaqus/Explicit Vumat subroutine. In the second part we present the different types of elastoplastic hardening laws such as Johnson-Cook, modified Johnson-Cook, Zerilli-Armstrong or Simo. We discuss the different forms of the laws and their taking into account of strain rates, speed and temperature. The iterative procedure for the identification uses an experimental set of parameters (from a Taylor impact test) which are compared with an other set of numerical values. The method to converge to the optimal solution uses a combined Monte-Carlo and Levenberg-Marquardt algorithm. The study ends with a comparative discussion about the laws and the problems encountered during their identification for two materials: a 42CD4 steel, and an aluminum 2017T3.

  1. A macroscopic constitutive model of temperature-induced phase transition of polycrystalline Ni{sub 2}MnGa by directional solidification

    Energy Technology Data Exchange (ETDEWEB)

    Zhu, Yuping, E-mail: zhuyuping@126.com; Gu, Yunling; Liu, Hongguang

    2015-02-25

    Directional solidification technology has been widely used to improve the properties of polycrystalline Ni{sub 2}MnGa materials. Mechanical training can adjust the internal organizational structures of the materials, reduce the stress of twin boundaries motion, and then result in larger strain at lower outfield levels. In this paper, we test the microscopic structure of Ni{sub 2}MnGa polycrystalline ferromagnetic shape memory alloy produced by directional solidification and compress it along two axes successively for mechanical training. The influences of pre-compressive stresses on the temperature-induced strains are analyzed. The macroscopic mechanical behaviors show anisotropy. According to the generating mechanism of the macroscopic strain, a three-dimensional constitutive model is established. Based on thermodynamic method, the kinetic equations of the martensitic transformation and inverse transformation are presented considering the driving force and energy dissipation. The prediction curves of temperature-induce strains along two different directions are investigated. And the results coincide well with the experiment data. It well explains the macroscopic anisotropy mechanical behaviors and fits for using in engineering.

  2. A MODIFIED THERMAL VISCOPLASTIC CONSTITUTIVE LAW INVOLVING THE EFFECT OF TEMPERATURE RISE RATE

    Institute of Scientific and Technical Information of China (English)

    Huang Chenguang; Duan Zhuping

    2000-01-01

    At high temperature rise rate, the mechanical properties of 10 # steel were determined ex perimentally in a very wide range of temperature and strain rates. A new constitutive relationship was put for ward, which can fit with the experimental results and describe various phenomena observed in our experim ents. Meanwhile, some interesting characteristics about the temperature rise rate, strain and strain rate hard ening and thermal softening are also shown in this paper. Finally, the reliability of the constitutive law and the correctness of the constitutive parameters were verified by comparing the calculation results with the ex perimental data.

  3. Bioethics, biolaw, (bio)constitutional interpretation and biopatents under the light of Brazilian law.

    Science.gov (United States)

    Myszczuk, Ana Paula; de Meirelles, Jussara Maria Leal

    2010-01-01

    The article briefly analyzes the concepts of the Bioethics, the Biolaw, the Bio-Constitution and the Biopatent. In order to do so, we will check some principles of the Bioethics, the newly added term the Biolaw, the concept of the Bio-Constitution or the Constitutional Biolaw, all used as means to solve conflicts of bio-juridical norms. Besides it formulates some questions about biopatents. It is here understood that the 1988 Brazilian Federal Constitution chose the human dignity principle as the core to be used in any Biomedicine related matter and this Law acts to bring some tools into a bio-constitutional interpretation. Among those tools are the fundamental rights and the protection of the environment. Some juridical limits to the private appropriation of the human genome, via patenting, are examined. The article considers the requirements imposed by the Law Act no 9279/96 (novelty, invention and industrial use), as well as some Brazilian constitutional dispositions concerning biopatents. In the conclusion, we argue that the Bioethics and the Biolaw principles are valuable instruments to support juridical decisions and to guide the establishment of possible limits on the use and/or development of the Biomedicine. Consequently when interpreting a concrete case, besides having a multidisciplinary analysis, we have refreshed classic juridical concepts. This is achieved by rethinking juridical fundamentals and opening up the space for the conceptualization of a Bio-Constitution interpretation.

  4. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

    Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

  5. Experimental study on water seepage constitutive law of fracture in rock under 3D stress

    Institute of Scientific and Technical Information of China (English)

    赵阳升; 杨栋; 郑少河; 胡耀青

    1999-01-01

    The test method and test result of water seepage constitutive law of fracture in rock under 3D stress are introduced. A permeability coefficient formula including the coefficient of fracture connection, normal stiffness, 3D stress, initial width of fracture and Poisson ratio is presented based on the analysis of the test theory and its result.

  6. Provisions of State Constitutional and Statutory Law Governing the Structure of Education.

    Science.gov (United States)

    Johnston, A. P.

    This document quotes from and summarizes each of the 50 states' constitutional and statutory provisions establishing the structure, the power, and the duties of the various state committees, commissions, offices, and agencies affecting the governance and control of education. Detailed investigation of the formal body of law revealed the subtle…

  7. Incorporating a Sophisticated Supreme Court Simulation into an Undergraduate Constitutional Law Class

    Science.gov (United States)

    Fliter, John

    2009-01-01

    Role-playing activities and simulations have been popular teaching tools in political science courses for many years. One area where simulations and role-playing activities have been used extensively is constitutional law. These projects can range from a short judicial decision-making scenario to a full-semester Supreme Court simulation involving…

  8. The Impact of Self-Grading on Performance and Evaluation in a Constitutional Law Course

    Science.gov (United States)

    Stover, Robert V.

    1976-01-01

    Designed to assess the effects of self-grading on undergraduate learning and evaluation in a one semester constitutional law course, this study indicated that self-grading had no significant impact on learning but that it did encourage self-graders to evaluate themselves significantly higher than instructor graded students. (Author/DB)

  9. The Constitutional Duty To Pay Lawfully Established Taxes: History And Present

    OpenAIRE

    Elena L. Alexina

    2015-01-01

    In the article features of constitutional duty to pay lawfully established taxes and problems of its realization are analysed. Evolution of views of the legal nature of taxation is presented. The difficult interrelation of the duty to pay taxes with realization of functions of the state is shown.

  10. The Constitutional Duty To Pay Lawfully Established Taxes: History And Present

    Directory of Open Access Journals (Sweden)

    Elena L. Alexina

    2015-01-01

    Full Text Available In the article features of constitutional duty to pay lawfully established taxes and problems of its realization are analysed. Evolution of views of the legal nature of taxation is presented. The difficult interrelation of the duty to pay taxes with realization of functions of the state is shown.

  11. Review: From disgust to humanity--sexual orientation and constitutional law

    Directory of Open Access Journals (Sweden)

    Alba Izado Leon Hernandez

    2011-05-01

    Full Text Available

    REVIEW

    FROM DISGUST TO HUMANITY: SEXUAL ORIENTATION AND CONSTITUTIONAL LAW

    Martha C. Nussbaum
    Oxford University Press 2010
    217 pages,
    ISBN-13: 978-0-19-530531-9

  12. Human Dignity: incorporation of the case law of the European Court of Human Rights by the Colombian Constitutional Court

    National Research Council Canada - National Science Library

    Silvana Insignares Cera; Viridiana Molinares Hassan

    2011-01-01

      This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and...

  13. At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

    Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

  14. Public health law: the constitutionality of the Patient Protection and Affordable Care Act.

    Science.gov (United States)

    De Ville, Kenneth

    2011-01-01

    Congress of the Patient Protection and Affordable Care Act (PPACA) was immediately challenged by lawsuits attacking the constitutionality of the legislation. The lawsuits, joined by over 2 dozen state's attorney generals, contend that PPACA is an unconstitutional exercise of federal power. Specifically, the suits argue that the individual insurance mandate portion of the law is justified by neither the "Commerce Power" nor Congress' authority to "tax" and provide for "the general welfare." This essay outlines and analyzes the constitutional arguments for, and against, PPACA forecasting the likely resolution of the debate if the suits reach the US Supreme Court.

  15. FE FORMULATION FOR THE VISCOELASTIC BODY MODELED BY FRACTIONAL CONSTITUTIVE LAW

    Institute of Scientific and Technical Information of China (English)

    Zhang Wei(张卫); Nobuyuki Shimizu

    2001-01-01

    This paper presents finite element (FE) fornulation of the viscoelastic materials described by fractional constitutive law. The time-domain threedimensional constitutive equation is constructed. The FE equations are set up by treating the fractional operator as a special case of the hereditary integration. The equations are solved by numerical integration method. The numerical algorithm de veloped by the authors for Liouville-Riemann's fractional derivative was adopted to formulate FE procedures and extended to solve the more general case of the hereditary integration. The numerical examples were given to show the correctness and effectiveness of the integration algorithm.

  16. Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

    Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

  17. Nonlinear constitutive law for ferroelectric/ ferroelastic material and its finite element realization

    Institute of Scientific and Technical Information of China (English)

    LI YaoChen

    2007-01-01

    The hysteresis phenomena of ferroelectric/ferroelastic material in polarization procedure are investigated.Some assumptions are presented based on the published experimental data.The electrical yielding criterion,mechanical yielding criterion and isotropic hardening model are established.The flow theory in incremental forms in polarization procedure is presented.The nonlinear constitutive law for electrical-mechanical coupling is proposed phenomenologically.Finally,the nonlinear constitutive law expressed in a form of matrices and vectors,which is immediately associated with finite element analysis,is formulated.In the example problem of a rectangular specimen subjected to a uniaxial electric field,the procedure from virgin state to fully polarized state is simulated.Afterward,a uniaxial compressive loading is applied to depolarizing the specimen.Results are in agreement with the experimental data.

  18. Effect of Elastic Constitutive Laws on the Deformation of Two-dimensional Red Blood Cell

    Institute of Scientific and Technical Information of China (English)

    GONG Zhao-xin; LU Chuan-jing

    2009-01-01

    Deformation of two-dimensional red blood cell in linear shear flow is simulated using the immersed boundary method, in which the cell is modeled as a force source instead of a real body. The effect of three constitutive laws, i.e. Hookean, Neo-Hookean and Skalak elasticity, on the deformation is studied by simulating the cell movement in two linear shear flows. The results show that the effect of the constitutive laws gets more obvious as the shear rate increases. Both the aspect ratio and the inclination of the steady shapes get bigger, and the differences between the periods of the cell tank-treading motion become larger. For the same shear flow, the period with Hookean elasticity is less than the period with Neo-Hookean elasticity and bigger than the period with Skalak elasticity.

  19. Nonlinear constitutive law for ferroelectric/ferroelastic material and its finite element realization

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    The hysteresis phenomena of ferroelectric/ferroelastic material in polarization procedure are investigated. Some assumptions are presented based on the published experimental data. The electrical yielding criterion, mechanical yielding criterion and isotropic hardening model are established. The flow theory in incremental forms in polarization procedure is presented. The nonlinear constitutive law for electrical-mechanical coupling is proposed phenomenologically. Finally, the nonlinear constitutive law expressed in a form of matrices and vectors, which is immediately associated with finite element analysis, is formulated. In the example problem of a rectangular specimen subjected to a uniaxial electric field, the procedure from virgin state to fully polarized state is simulated. Afterward, a uniaxial compressive loading is applied to depolarizing the specimen. Results are in agreement with the experimental data.

  20. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

  1. When ethical reform became law: the constitutional concerns raised by recent legislation in Taiwan.

    Science.gov (United States)

    Su, Yi-Chen

    2014-07-01

    In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. However, the law fails to provide guidance as to what constitutes the patient's best interests or what specific procedures the treating physicians should follow, and so has raised constitutional concerns. It may be difficult to translate ethical reform into law but it is not impossible if essential requirements are carefully followed. First, there must be substantial nexus between the purpose of the statute and the measures provided under the statute. Second, advocates need to convince the public that futility or waste has amounted to a public health emergency so as to justify lower procedural requirements. Third, a remedy or compensation should be available if the surrogate decisions have not been appropriately made. Fourth,minimum procedural safeguards are necessary even though the statute is intended to reduce the procedural burdens of making surrogate decisions on behalf of incompetent patients who lack family members and did not express their wishes while still competent.

  2. Stability analysis of unbounded uniform dense granular shear flow based on a viscoplastic constitutive law

    Science.gov (United States)

    Chen, Wen-Yau; Lai, Jeng-You; Young, D. L.

    2010-11-01

    Asymptotic and transient stability analyses of unbounded uniform granular shear flow at high solids volume fractions were carried out in the paper, based on a model composed of the viscoplastic constitutive law [P. Jop, Y. Forterre, and O. Pouliquen, Nature (London) 441, 727 (2006)] and the dilatancy law [O. Pouliquen et al., J. Stat. Mech.: Theory Exp. (2006) P07020]. We refer to this model as the VPDL (meaning of the "viscoplastic and dilatancy laws") thereinafter. In this model, dense granular flows were treated as a viscoplastic fluid with a Drucker-Prager-like yielding criterion. We compared our results to those obtained using the frictional-kinetic model (FKM) [M. Alam and P. R. Nott, J. Fluid Mech. 343, 267 (1997)]. Our main result is that unbounded uniform dense granular shear flows are always asymptotically stable at large time based on the VPDL model, at least for two-dimensional perturbations. This is valid for disturbances of layering modes (i.e., the perturbations whose wavenumber vectors are aligned along the transverse coordinate) as well as for nonlayering modes (the streamwise component of the wavenumber vector is nonzero). By contrast, layering modes can be unstable based on the FKM constitutive laws. Interestingly, in the framework of the VPDL, the analysis shows that significant transient growth may occur owing to the non-normality of the linear system, although disturbances eventually decay at large time.

  3. Public health responsibility in the Thai Constitutional Law between 1932-2006 (B.E. 2475-2549).

    Science.gov (United States)

    Nongkhai, Surachart Na; Usathaporn, Suthee

    2008-10-01

    The purpose of our study was to survey the area of public health, written by the Thai Constitutional Law since 1932-2006 (B.E. 2475-2549) and to estimate the Thai Constitutional Laws. A review of all constitutional laws in Thailand enacted between 1932 and 2006. The most important responsibility of a government is its responsibility towards citizen's rights. Most Thai Constitutional Laws have prescribed the state's responsibility for providing public health for the Thai population and the majority of them included health promotion and the provision of health care free of charge. Some also stipulated that the medical services be of international standard. But there was no responsibility expected of the Thai citizen for their own health. Public health features prominently in the Thai constitution as a responsibility of the government. However there is no mention of the responsibilities of citizens to take some care with their own health.

  4. The modernization of American public law: health care reform and popular constitutionalism.

    Science.gov (United States)

    Super, David A

    2014-04-01

    The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

  5. Advances in the study of mechanical properties and constitutive law in the field of wood research

    Science.gov (United States)

    Zhao, S.; Zhao, J. X.; Han, G. Z.

    2016-07-01

    This paper presents an overview of mechanical properties and constitutive law for wood. Current research on the mechanical properties of wood have mostly focused on density, grain, moisture, and other natural factors. It has been established that high density, dense grain, and high moisture lead to higher strength. In most literature, wood has been regarded as an anisotropic material because of its fiber. A microscopic view is used in research of wood today, in this way, which has allowed for clear observation of anisotropy. In general, wood has higher strength under a dynamic load, and no densification. The constitutive model is the basis of numerical analysis. An anisotropic model of porous and composite materials has been used for wood, but results were poor, and new constitutions have been introduced. According to the literature, there is no single theory that is widely accepted for the dynamic load. Research has shown that grain and moisture are key factors in wood strength, but there has not been enough study on dynamic loads so far. Hill law has been the most common method of simulation. Models that consider high strain rate are attracting more and more attention.

  6. A macro-meso constitutive law for concrete having imperfect interface and nonlinear matrix

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    The overall behavior of concrete depends on its meso structures such as aggregate shape, interface status, and mortar matrix property. The two key meso structure characters of concrete, bond status of interface and nonlinear property of matrix, are considered in focus. The variational structure principle is adopted to establish the macro-meso constitutive law of concrete. Specially, a linear reference composite material is selected to make its effective behavior approach the nonlinear overall behavior of concrete. And the overall property of linear reference composite can be estimated by classical estimation method such as self-consistent estimates method and Mori-Tanaka method. This variational structure method involves an optimum problem ultimately. Finally, the macro-meso constitutive law of concrete is established by optimizing the shear modulus of matrix of the linear reference composite. By analyzing the constitutive relation of concrete established, we find that the brittleness of concrete stems from the imperfect interface and the shear dilation property of concrete comes from the micro holes contained in concrete.

  7. How personality became treatable: The mutual constitution of clinical knowledge and mental health law

    Science.gov (United States)

    2013-01-01

    In recent years, personality disorders – psychiatric constructs understood as enduring dysfunctions of personality – have come into ever-greater focus for British policymakers, mental health professionals and service-users. Disputes have focussed largely on highly controversial attempts by the UK Department of Health to introduce mental health law and policy (now enshrined within the 2007 Mental Health Act of England and Wales). At the same time, clinical framings of personality disorder have dramatically shifted: once regarded as untreatable conditions, severe personality disorders are today thought of by many clinicians to be responsive to psychiatric and psychological intervention. In this article, I chart this transformation by means of a diachronic analysis of debates and institutional shifts pertaining to both attempts to change the law, and understandings of personality disorder. In so doing, I show how mental health policy and practice have mutually constituted one another, such that the aims of clinicians and policymakers have come to be closely aligned. I argue that it is precisely through these reciprocally constitutive processes that the profound reconfiguration of personality disorder from being an obdurate to a plastic condition has occurred; this demonstrates the significance of interactions between law and the health professions in shaping not only the State’s management of pathology, but also perceptions of its very nature.

  8. The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

    Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

  9. The European Court of Justice and External Relations Law: Constitutional Challenges

    DEFF Research Database (Denmark)

    Butler, Graham

    2016-01-01

    Without outlining the challenges and the balancing act that the Court of Justice must always strive to achieve, and the potential pitfalls that ensue, this book is a worthy read for those perplexed about the foreign relations issues of the Union, and those interested in how the primary judicial...... actor of the Union interacts with law surrounding it, given the constitutional parameters. Over the length of this book review, it will be explained why this publication is a valuable contribution to the understanding of the Court of Justice as a judicial actor in the field of EU foreign policy...

  10. Influence of the Constitutive Flow Law in FEM Simulation of the Radial Forging Process

    Directory of Open Access Journals (Sweden)

    Olivier Pantalé

    2013-01-01

    Full Text Available Radial forging is a widely used forming process for manufacturing hollow products in transport industry. As the deformation of the workpiece, during the process, is a consequence of a large number of high-speed strokes, the Johnson-Cook constitutive law (taking into account the strain rate seems to be well adapted for representing the material behavior even if the process is performed under cold conditions. But numerous contributions concerning radial forging analysis, in the literature, are based on a simple elastic-plastic formulation. As far as we know, this assumption has yet not been validated for the radial forging process. Because of the importance of the flow law in the effectiveness of the model, our purpose in this paper is to analyze the influence of the use of an elastic-viscoplastic formulation instead of an elastic-plastic one for modeling the cold radial forging process. In this paper we have selected two different laws for the simulations: the Johnson-Cook and the Ludwik ones, and we have compared the results in terms of forging force, product's thickness, strains, stresses, and CPU time. For the presented study we use an AISI 4140 steel, and we denote a fairly good agreement between the results obtained using both laws.

  11. Discuss on the of Constitutional Regulation to Conflict Laws%论宪法对冲突法的规制

    Institute of Scientific and Technical Information of China (English)

    杨利雅

    2012-01-01

    《涉外民事关系法律适用法》已经颁布,但尚有许多问题没有理清,其中最重要的就是其与宪法的关系问题。宪法在内国法中具有最高的效力,其他法律都需以其为依据并不能与之相冲突。界定冲突法与宪法的关系,首先需要了解冲突法的性质。宪法对冲突法的规制方式分为三种,我国冲突法立法应区分大陆部分立法和区际冲突法立法。对于大陆立法采用宪法作为冲突法立法指导的模式,对于区际冲突法则要采取改良的传统模式。%The law on choice of law for foreign-related civil relationships has been issued, however there are still many problems waiting to be sorted out among which the most important one is its relationship with the constitution. Constitution which is the highest domestically is overwhelming other laws in effect and other laws shall be subject to the constitution law and could not have conflicts with it. Before defining the relationship between constitution and conflict law we shall first probe the nature of conflict law. There are three regulative modes of constitution to conflict law. Our nation's legislation on conflict laws should be classified as the main- land and the interregional. In mainland, constitution shall be the guide for conflict law's legislation. Towards interregional conflict law the transformed traditional model should be adopted.

  12. The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples in the Romanian Criminal Law

    National Research Council Canada - National Science Library

    Minodora-Ioana BĂLAN-RUSU

    2015-01-01

    In the paper we have examined the constitutive content of the offense of refusal or evasion from collecting biological samples, with elements of similarity and differences between the current and the old law...

  13. A macroscopic multi-mechanism based constitutive model for the thermo-mechanical cyclic degeneration of shape memory effect of NiTi shape memory alloy

    Science.gov (United States)

    Yu, Chao; Kang, Guozheng; Kan, Qianhua

    2017-06-01

    A macroscopic based multi-mechanism constitutive model is constructed in the framework of irreversible thermodynamics to describe the degeneration of shape memory effect occurring in the thermo-mechanical cyclic deformation of NiTi shape memory alloys (SMAs). Three phases, austenite A, twinned martensite Mt and detwinned martensite Md, as well as the phase transitions occurring between each pair of phases (A→ M t, Mt→ A, A→ M d, Md→ A, and Mt→ M d) are considered in the proposed model. Meanwhile, two kinds of inelastic deformation mechanisms, martensite transformation-induced plasticity and reorientation-induced plasticity, are used to explain the degeneration of shape memory effects of NiTi SMAs. The evolution equations of internal variables are proposed by attributing the degeneration of shape memory effect to the interaction between the three phases ( A, Mt, and Md) and plastic deformation. Finally, the capability of the proposed model is verified by comparing the predictions with the experimental results of NiTi SMAs. It is shown that the degeneration of shape memory effect and its dependence on the loading level can be reasonably described by the proposed model.

  14. The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

    Directory of Open Access Journals (Sweden)

    Vinesh Basdeo

    2014-08-01

    Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

  15. Free primary education in Colombia: some arguments of constitutional and international law.

    Directory of Open Access Journals (Sweden)

    Camilo Ernesto Castillo-Sánchez

    2010-06-01

    Full Text Available Colombia is the only country in Latin America which State does not permit that primary education being free. As a consequence the government has not being interested in outlining a policy about free primary education. However, the Colombian constitution has rules that allow use treaties about human rights to interpret their own national rules. Through this technique of constitutional interpretation is possible to defend free primary education as an obligation. Colombia can´t ignore it. In fact, the Corte Constitucional has protected the access and the permanency in educational system based on International Law. In this kind of arguments, reasons about economical costs are irrelevant since right to education has had universal recognition. Our thesis is that there is no reason for Colombia to restrict right to education through the imposition of costs. This idea finds support in the fact that free primary education allows access and permanency in educational system. In addition free primary education is the best way to overcome economical obstacles which affect the right of education. First of all, this article will describe the obligations of Colombia regarding International Law, after that, we will analyze the decisions of the Corte Constitucional. Finally we will pose a conclusion that outlines some topics for future research.

  16. The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in Germany - Constraints in Constitutional and European Community Law

    Directory of Open Access Journals (Sweden)

    Frank Selbmann

    2002-10-01

    Full Text Available On 29 June 2000 the European Council adopted the Race Equality Directive, which outlaws, inter alia, direct and indirect discrimination based on racial or ethnic origin regarding access to employment and supply of goods and services, which are available to the public. EC member states now have to adopt laws to comply with the directive. Thus, the German Federal Ministry of Justice introduced a Discussion Draft Law on the Prevention of Discrimination in the Private Sector. The publication of the discussion draft led to a debate among scholars and players in the field of anti-discrimination. some scholars endorsed the draft law. Other authors claimed that the draft law violates not only the constitution but also common sense. This article gives an overview of current German regulations against discrimination on the grounds of racial or ethnic origin, the discussion on the draft law and its compatibility with constitutional and European Community law. It will show, that most of the arguments against the draft law are unfounded. The author argues that the primary basis for an assessment of the compatibility with higher-ranking law is European Community law and not German constitutional law. However, a carefully drafted discrimination law in the sector of private and labour law would be consistent with the Basic Law. Owing to the recent election campaign in Germany, the adoption of the Draft Law was postponed. Thus, the author also discusses consequences deriving from European Community law, should it be the case that Germany fails to implement the Race Equality Directive, in the period prescribed by the directive.

  17. Simulation-aided constitutive law development - Assessment of low triaxiality void nucleation models via extended finite element method

    Science.gov (United States)

    Zhao, Jifeng; Kontsevoi, Oleg Y.; Xiong, Wei; Smith, Jacob

    2017-05-01

    In this work, a multi-scale computational framework has been established in order to investigate, refine and validate constitutive behaviors in the context of the Gurson-Tvergaard-Needleman (GTN) void mechanics model. The eXtended Finite Element Method (XFEM) has been implemented in order to (1) develop statistical volume elements (SVE) of a matrix material with subscale inclusions and (2) to simulate the multi-void nucleation process due to interface debonding between the matrix and particle phases. Our analyses strongly suggest that under low stress triaxiality the nucleation rate of the voids f˙ can be well described by a normal distribution function with respect to the matrix equivalent stress (σe), as opposed to that proposed (σbar + 1 / 3σkk) in the original form of the single void GTN model. The modified form of the multi-void nucleation model has been validated based on a series of numerical experiments with different loading conditions, material properties, particle shape/size and spatial distributions. The utilization of XFEM allows for an invariant finite element mesh to represent varying microstructures, which implies suitability for drastically reducing complexity in generating the finite element discretizations for large stochastic arrays of microstructure configurations. The modified form of the multi-void nucleation model is further applied to study high strength steels by incorporating first principles calculations. The necessity of using a phenomenological interface separation law has been fully eliminated and replaced by the physics-based cohesive relationship obtained from Density Functional Theory (DFT) calculations in order to provide an accurate macroscopic material response.

  18. The issue of constitutional law legitimacy on "human assisted reproduction" between reasonableness of the choices and effectiveness of the protection of all involved subjects.

    Science.gov (United States)

    Penasa, Simone

    2006-01-01

    This artiche analyzes the constitutionality petition to the constitutional Court against Law 40 of 2004 on "human assisted reproduction", where it prohibits the "preimplantatory genetical diagnosis", because it could be against the mother's right to health (art. 32 Italian Constitution) and the egalitarian protection clause (art. 3 Italian Constitution). In the constitutionally petition the ordinary judge proposes an interpretation in accordance with Constitution of the contested disposition (art. 13 of Law 40 of 2004) and this could be the possibility to teste the "living law" theory and its relation with the "adequate interpretation" of the law and the Constitution.

  19. A multiaxial constitutive law for mammalian left ventricular myocardium in steady-state barium contracture or tetanus.

    Science.gov (United States)

    Lin, D H; Yin, F C

    1998-08-01

    The constitutive law of the material comprising any structure is essential for mechanical analysis since this law enables calculation of the stresses from the deformations and vice versa. To date, there is no constitutive law for actively contracting myocardial tissue. Using 2,3-butanedione monoxime to protect the myocardium from mechanical trauma, we subjected thin midwall slices of rabbit myocardium to multiaxial stretching first in the passive state and then during steady-state barium contracture or during tetani in ryanodine-loaded tissue. Assuming transverse isotropy in both the passive and active conditions, we used our previously described methods (Humphrey et al., 1990a) to obtain both passive and active constitutive laws. The major results of this study are: (1) This is the first multiaxial constitutive law for actively contracting mammalian myocardium. (2) The functional forms of the constitutive law for barium contracture and ryanodine-induced tetani are the same but differ from those in the passive state. Hence, one cannot simply substitute differing values for the coefficients of the passive law to describe the active tissue properties. (3) There are significant stresses developed in the cross-fiber direction (more than 40 percent of those in the fiber direction) that cannot be attributed to either deformation effects or nonparallel muscle fibers. These results provide the foundation for future mechanical analyses of the heart.

  20. Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases. A Joint Statement of Constitutional Law Scholars.

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

    On June 23, 2003, the United States Supreme Court upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education. The Grutter versus Bollinger decision upheld the University of Michigan Law School race-conscious admissions policy as constitutional. However, in Gratz versus Bollinger, it held…

  1. The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples in the Romanian Criminal Law

    Directory of Open Access Journals (Sweden)

    Minodora-Ioana BĂLAN-RUSU

    2015-03-01

    Full Text Available In the paper we have examined the constitutive content of the offense of refusal or evasion from collecting biological samples, with elements of similarity and differences between the current and the old law. The comparative examination is useful as it allows the identification and application of a more favorable criminal law, in the case where such an offense is committed under the influence of the old law and it is to be finally judged after the entry into force of the new law. This work continues and completes the monograph “Offenses against traffic safety on public roads in the Romanian criminal law”, published in 2014 (Universul Juridic. The work can be useful to judicial bodies responsible for law enforcement, and academics from law schools (teachers, students and master students. The innovations consist in examining the constitutive content and the elements of similarity and differences between the two regulations.

  2. The influence of the rulings of the Constitutional Court on the development of health law in Lithuania.

    Science.gov (United States)

    Birmontiene, Toma

    2007-12-01

    This article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

  3. In-vivo measurement of the human soft tissues constitutive laws. Applications to Computer Aided Surgery

    CERN Document Server

    Schiavone, Patrick; Ohayon, J; Payan, Y

    2007-01-01

    In the 80's, biomechanicians were asked to work on Computer Aided Surgery applications since orthopaedic surgeons were looking for numerical tools able to predict risks of fractures. More recently, biomechanicians started to address soft tissues arguing that most of the human body is made of such tissues that can move as well as deform during surgical gestures [1]. An intra-operative use of a continuous Finite Element (FE) Model of a given tissue mainly faces two problems: (1) the numerical simulations have to be "interactive", i.e. sufficiently fast to provide results during surgery (which can be a strong issue in the context of hyperelastic models for example) and (2) during the intervention, the surgeon needs a device that can be used to provide to the model an estimation of the patient-specific constitutive behaviour of the soft tissues. This work proposes an answer to the second point, with the design of a new aspiration device aiming at characterizing the in vivo constitutive laws of human soft tissues....

  4. Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law; Verfassungs- und unionsrechtliche Probleme des EEG 2014

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik, Leipzig (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

    2014-08-15

    The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

  5. Development of a Constitutive Friction Law based on the Frictional Interaction of Rough Surfaces

    Directory of Open Access Journals (Sweden)

    F. Beyer

    2015-12-01

    Full Text Available Friction has a considerable impact in metal forming. This is in particular true for sheet-bulk metal-forming (SBMF in which local highly varying contact loads occur. A constitutive friction law suited to the needs of SBMF is necessary, if numerical investigations in SBMF are performed. The identification of the friction due to adhesion and ploughing is carried out with an elasto-plastic half-space model. The normal contact is verified for a broad range of normal loads. In addition, the model is used for the characterization of the occurring shear stress. Ploughing is determined by the work which is necessary to plastically deform the surface asperities of the new area that gets into contact during sliding. Furthermore, the surface patches of common half-space models are aligned orthogonally to the direction in which the surfaces approach when normal contact occurs. For a better reflection of the original surfaces, the element patches become inclined. This leads to a geometric share of lateral forces which also contribute to friction. Based on these effects, a friction law is derived which is able to predict the contact conditions especially for SBMF.

  6. Internet宏观拓扑幂律演化机理的研究%Rearch of Internet Macroscopic Topology Power-law Evolution Mechanism

    Institute of Scientific and Technical Information of China (English)

    罗桂兰; 赵海; 葛新; 李超

    2009-01-01

    分析典型网络协议节点连接原理得到Intemet宏观拓扑具有幂律拓扑可复制性,借助物理学方法提出一种Internet宏观拓扑连接的数学模型.仿真结果表明,该模型的时间敏感性和节点度的演化规律与实际网络数据统计结果的网络特征相符,Interact宏观拓扑幂律演化的本质源于协议设计的等级原理.%This paper analyz paper connection theory of nodes for typical network protocol, finds the Interact macroscopic topology has a power-law topological duplication, and proposes a mathematical model of Internet macroscopical topology connection with the help of physical methods. Simulation result shows the evolution rule about time sensitivity and node-degree of the model has the same results at statistical results of practical network data which show network characteristics, and receives the essence of Interact macroscopical topological power-law evolution due to the grade principle theory of protocol design.

  7. Microstructure and macroscopic properties of polydisperse systems of hard spheres

    NARCIS (Netherlands)

    Ogarko, Vitaliy Anatolyevich

    2014-01-01

    This dissertation describes an investigation of systems of polydisperse smooth hard spheres. This includes the development of a fast contact detection algorithm for computer modelling, the development of macroscopic constitutive laws that are based on microscopic features such as the moments of the

  8. Microstructure and macroscopic properties of polydisperse systems of hard spheres

    NARCIS (Netherlands)

    Ogarko, V.

    2014-01-01

    This dissertation describes an investigation of systems of polydisperse smooth hard spheres. This includes the development of a fast contact detection algorithm for computer modelling, the development of macroscopic constitutive laws that are based on microscopic features such as the moments of the

  9. Fracture simulation of elastomer blended polypropylene based on elastoviscoplastic constitutive equation with craze and tensile softening law

    Science.gov (United States)

    Mae, H.

    2006-08-01

    The strong strain-rate dependence, neck propagation and craze evolution characterize the large plastic deformation and fracture behavior of polymer. In the latest study, Kobayashi, Tomii and Shizawa suggested the elastoviscoplastic constitutive equation based on craze evolution and annihilation and then applied it to the plane strain issue of polymer. In the previous study, the author applied their suggested elastoviscoplastic constitutive equation with craze effect to the three dimensional shell and then showed that the load displacement history was in good agreement with the experimental result including only microscopic crack such as crazes. For the future industrial applications, the macroscopic crack has to be taken into account. Thus, the main objective of this study is to propose the tensile softening equation and then add it to the elastoviscoplastic constitutive equation with craze effect so that the load displacement history can be roughly simulated during the macroscopic crack propagation. The tested material in this study is the elastomer blended polypropylene used in the interior and exterior of automobiles. First, the material properties are obtained based on the tensile test results at wide range of strain rates: 10 - 4-102 (1/sec). Next, the compact tension test is conducted and then the tensile softening parameters are fixed. Then, the dart impact test is carried out in order to obtain the load displacement history and also observe the macroscopic crack propagation at high strain rate. Finally, the fracture behavior is simulated and then compared with the experimental results. It is shown that the predictions of the constitutive equation with the proposed tensile softening equation are in good agreement with the experimental results for the future industrial applications.

  10. AVOIDING MAZIBUKO: WATER SECURITY AND CONSTITUTIONAL RIGHTS IN SOUTHERN AFRICAN CASE LAW

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

    Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh

  11. An Estimation Method of a Constitutive-law for the Rod Model of DNA using Discrete-Structure Simulations

    CERN Document Server

    Hinkle, Adam R; Palanthandalam-Madapusi, Harish J

    2009-01-01

    The continuum-rod model has emerged as an efficient tool to describe the long-length-scale structural-deformations of DNA which are critical to understanding the nature of many biological processes such as gene expression. However, a significant challenge in continuum-mechanics-based modeling of DNA is to estimate its constitutive law, which follows from its interatomic bond-stiffness. Experiments and all-atom molecular dynamics (MD) simulations have suggested that the constitutive law is nonlinear and non-homogeneous (sequence-dependent) along the length of DNA. In this paper, we present an estimation method and a validation study using discrete-structure simulations. We consider a simple cantilever-rod with an artificially constructed, discrete lattice-structure which gives rise to a constitutive law. Large deformations are then simulated. An effective constitutive-law is estimated from these deformations using inverse methods. Finally, we test the estimated law by employing it in the continuum rod-model an...

  12. On the misuse of Prigogine's Global Formulation of the Second Law and the Prediction of Negative Entropy Production in Macroscopic Irreversible Processes

    Directory of Open Access Journals (Sweden)

    Pedro J. Colmenares

    Full Text Available This article presents thermodynamic and statistical mechanics arguments to proof the impossibility of a proposal1 in which the interplay of production and destruction entropy processes would explain why it is possible to do work more efficiently in an irreversible process than in a reversible one between the same initial and final states. We clarify all the thermodynamic misleading and, provide theoretical and experimental evidence2 that, a macroscopic level of description, the proposal has no chance of being observed phenomenologically because of the restrictions imposed by the second law of thermodynamics.

  13. Constitutive Laws of the Underground Opening Collapse due to Dynamic Load

    Institute of Scientific and Technical Information of China (English)

    Alexander BUDKOV; Gevorg KOCHARYAN

    2008-01-01

    The constitutive laws of the collapse of underground openings in a rock massif were investigated based on the results of laboratory and field experiments,and computations using analytical and numerical models.It is shown that the principal mechanism of failure of underground openings over important for practice peak particle velocity amplitude range of 1 to 10 m/s is the roof and wall breakage due to the fall of key blocks.Over this load range the material crushing is of considerably less importance.The geometry of discontinuities influences mainly the stability of key blocks.Further caving depends weakly on block structure of near-tunnel zone.The mean volume of fall material is a rather stable quantity for rock massifs of different structures.Lower tunnel stability in the zones of high fracturing is caused by a higher probability of the presence of the unstable key blocks and the decrease of strength characteristics of fractured bounding blocks.The decrease of average block size is a less important accompanying factor.

  14. Continuum remodeling revisited : deformation rate driven functional adaptation using a hypoelastic constitutive law.

    Science.gov (United States)

    Negus, Charles H; Impelluso, Thomas J

    2007-07-01

    Recent research effort in bone remodeling has been directed toward describing interstitial fluid flow in the lacuno-canalicular system and its potential as a cellular stimulus. Regardless of the precise contents of the mechanotransduction "black box", it seems clear that the fluid flow on which the remodeling is predicated cannot occur under static loading conditions. In an attempt to help continuum remodeling simulations catch up with cellular and subcellular research, this paper presents a simple, strain rate driven remodeling algorithm for density allocation and principal material direction rotations. An explicit finite element code was written and deployed on a supercomputer which discretizes the remodeling process and uses an objective hypoelastic constitutive law to simulate trabecular realignment. Results indicate that a target strain rate for this dynamic approach is |D ( I )| = 1.7% per second which seems reasonable when compared to observed strain rates. Simulations indicate that a morpho-mechanically realistic three-dimensional bone can be synthesized by applying a few dynamic loads at the envelope of common daily physiological rates, even with no static loading component.

  15. The best of both worlds? Some reflections on the interaction between the common law and the Bill of Rights in our new Constitution

    Directory of Open Access Journals (Sweden)

    K O'Regan

    1999-06-01

    Full Text Available The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the wide variety of legal sources and traditions which make up South African law, including African tradition, Muslim practice and the English law heritage.Firstly an exposition of the chief characteristics of the hybrid system of South African common law is given. It is shown that the common law is not codified; that it is a living and organic system of law constantly under legislative and judicial review; that its sources vary from judicial precedent to civilian authorities, English, indigenous customary and Muslim law; that the style of litigation and adjudication is English rather than Continental in Character and that when a common law rule is modified, it is done retrospectively in conflict with principles of legal certainty.Secondly the chief constitutional provisions relating to the relationship between the Constitution and the common law are considered. The supremacy clause (section 2 renders a common law rule which is inconsistent with the Constitution invalid from the date of the Constitution unless a court gives a different ruling in accordance with justice and equity. Courts have the inherent power to develop the common law, but the Constitutional Court may do so only in constitutional matters. Two forms of constitutional normative effects may be distinguished: direct (as in sections 2 and 8(1 and indirect (as in section 39(2. In terms of the latter the spirit, purport and objects of the Bill of Rights are to guide the development of the common law.Thirdly the interaction between the common law and the Constitution is thoroughly explored with reference to common law rules that are in conflict with the Constitution as well as where the common law already provides protection for the rights provided by the Bill of Rights

  16. The internationalization of Law through human rights: Initial thoughts for the future of constitutionalism

    National Research Council Canada - National Science Library

    Gustavo Oliveira Vieira; Jose Luis Bolzan de Morais

    2012-01-01

      The present article aims to present initial thoughts about the implications of globalization to the constitutionalism, questioning about the State and Constitution direction in this "post-national" scenario...

  17. Constitutional Adjudication in Colombia: Avant-Garde or Case law Transplant? A Literature Review

    Directory of Open Access Journals (Sweden)

    Liliana Lizarazo-Rodríguez

    2011-03-01

    Full Text Available Colombia is mentioned, together with the US, Uruguay, Argentina and Mexico, as one of the first countries worldwide to adopt the judicial review as a means for adjudicating on the constitutionality of legislation. In recent years, and particularly since the enactment of the Political Constitution of 1991, the Colombian Constitutional Court is also mentioned as a notorious example of judicial activism in terms of legislating through the constitutional adjudication process. This article presents a literature review on the globalization of judicial review and the contemporary methods of constitutional adjudication (including the balancing method, in order to assess the uniqueness and avantgarde nature of constitutional adjudication in Colombia in the global context. Brief reference is also made to the literature on the institutional limitations faced by less developed countries, inasmuch as they affect the way constitutional adjudication is applied and perceived.

  18. Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...... of law (competition law)....

  19. MACROSCOPIC RIVERS

    NARCIS (Netherlands)

    VANDENBERG, IP

    1991-01-01

    We present a mathematical model for the ''river-phenomenon'': striking concentrations of trajectories of ordinary differential equations. This model of ''macroscopic rivers'' is formulated within nonstandard analysis, and stated in terms of macroscopes and singular perturbations. For a subclass, the

  20. Law as Theory: Constitutive Thought in the Formation of (Legal Practice

    Directory of Open Access Journals (Sweden)

    Peter Fitzpatrick

    2010-12-01

    Full Text Available Typical but puzzling engagements with law in Jurisprudence and in civil religion are drawn upon to evoke a dimension of law essential to its practice, a dimension relegated in usual conceptions of law. That dimension entails a responsive regard for whatever is found also to be the generative force of theory, whether legal or social theory. Law in its practical guise is thence found to have a constituent correspondence to theory. Legal practice can no more escape theory than theory can escape practice.

  1. Burma’s 2010 Elections: Implications of the New Constitution and Election Laws

    Science.gov (United States)

    2010-04-29

    disciplined democratic system 3. Draft a new constitution based on the principles laid out the National Convention 4. Adopt the constitution via a...and seven regions15 under “a genuine, disciplined multi-party democratic system .” Although “the Sovereign power of the Union is derived from the

  2. THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

    Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

  3. The principle of legitimate expectations in Dutch constitutional and administrative law

    NARCIS (Netherlands)

    Berge, Gio ten; Widdershoven, R.J.G.M.

    1998-01-01

    “An important function of the law is to provide certainty by making possible legitimate expectations”.1 “The law cannot be based on trust and expectations, however reasonable and fair they may be”.2 These are just two quotations from Dutch literature on the principle of legitimate

  4. The One and the Many: Translating Insights from Constitutional Pluralism to European Contract Law Theory

    NARCIS (Netherlands)

    Mak, C.

    2013-01-01

    While freedom of contract has generally been recognized as a leading principle of European contract law, national contract laws as well as EU measures show remarkable differences with respect to the limits they impose on contractual freedom in light of the public interest or common good. Whereas

  5. The One and the Many: Translating Insights from Constitutional Pluralism to European Contract Law Theory

    NARCIS (Netherlands)

    Mak, C.

    2013-01-01

    While freedom of contract has generally been recognized as a leading principle of European contract law, national contract laws as well as EU measures show remarkable differences with respect to the limits they impose on contractual freedom in light of the public interest or common good. Whereas som

  6. Numerical simulation of triaxial compression test for brittle rock sample using a modified constitutive law considering degradation and dilation behavior

    Institute of Scientific and Technical Information of China (English)

    谭鑫

    2015-01-01

    The understanding of the rock deformation and failure process and the development of appropriate constitutive models are the basis for solving problems in rock engineering. In order to investigate progressive failure behavior in brittle rocks, a modified constitutive model was developed which follows the principles of the continuum damage mechanics method. It incorporates non-linear Hoek-Brown failure criterion, confining pressure-dependent strength degradation and volume dilation laws, and is able to represent the nonlinear degradation and dilation behaviors of brittle rocks in the post-failure region. A series of triaxial compression tests were carried out on Eibenstock (Germany) granite samples. Based on a lab data fitting procedure, a consistent parameter set for the modified constitutive model was deduced and implemented into the numerical code FLAC3D. The good agreement between numerical and laboratory results indicates that the modified constitutive law is well suited to represent the nonlinear mechanical behavior of brittle rock especially in the post-failure region.

  7. The limits of authority of the Constitutional Court of Bosnia and Herzegovina in the procedure for the assessment of compliance of laws with the Constitution of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

    Full Text Available The Constitutional Court of Bosnia and Herzegovina is one of the pillars of rule of law and legal security as well as guarantee for preservation and development of democratic order in the constitutional framework of Bosnia and Herzegovina. It is not legislative, neither executive nor classical court authority, but a special kind of sui generis authority, acting as corrective factor for all three authority branches. In such a situation, the relationship between the Constitutional Court and legislative authority has a special significance, having in mind that legislative authority regulates, primarily through the law, legal order and, thereby, also defines social and political system of one state and that, on the other side, the Constitutional Court ensures that those laws are in accordance with the Constitution of Bosnia and Herzegovina and that, if it finds such a law has gone out of the framework of the Constitution, it may intervene by declaring the whole law or parts of it unconstitutional and put them out of force. Does the Constitutional Court in such a situation takes the role of legislator and what kind of legislator? What if the legislative authority does not comply with the decision of the Constitutional Court? Should Constitutional Court take the role of positive legislator? It is less problematic activity of the Constitutional Court as negative legislator in theory and practice. In such legal situation, the Constitutional Court in its decision finds unconstitutionality of a law provision (or the whole law and eliminates it from legal system generally after expiration of certain period of time when such provisions cease to be valid and the legislator replaces unconstitutional provisions with new ones within set time limit. However, we have a much more problematic situation when the Constitutional Court acts as positive legislation, i.e. when it makes a decision declaring validity of certain provisions of the law or instructing the

  8. Relational issues of law and economic integration in Africa : perspectives from constitutional, public and private international law.

    OpenAIRE

    Oppong, Richard F.

    2009-01-01

    This thesis examines how relational issues of law in economic integration are being approached in Africa. At its core, relational issues deal with the legal interactions among community, national, regional and international legal systems within the context of economic integration. The theory is that effective economic integration is the product of properly structuring and managing – within well-defined legal frameworks – vertical, horizontal and vertico-horizontal relations among states, lega...

  9. The right to the protection of personal data between law and constitution

    Directory of Open Access Journals (Sweden)

    Maria Carmen Aguilar Del Castillo

    2016-06-01

    Full Text Available The aim of the article is, on the one hand, to analyze the content and scope of fundamental right to the protection of personal data, provided by art. 18.4 of the Spanish Constitution; on the other, to decline this right in the context of the employment relationship starting from the interpretation given by the Spanish Constitutional Court in judgment no. 39/2016. The contrast between this right and the freedom of enterprise, which is realized in the power of organization, control and supervision of work performance, is resolved by the Constitutional Court in the light of the principles of proportionality, suitability and necessity. The outcome of the balancing leads the Constitutional Court to establish the prevalence of the entrepreneurial freedom on the right to privacy of the employee.

  10. Gleichstellungsgesetze: Transformationsprobleme mit Verfassungsrang Equality Laws: Transformational Problems with Constitutional Status

    Directory of Open Access Journals (Sweden)

    Regina Harzer

    2008-07-01

    Full Text Available Im Allgemeinen werden gesetzliche Regelungen unmittelbar nach ihrem Inkrafttreten ‚kommentiert‘. Demgegenüber liegt zwischen dem „Gesetz zur Gleichstellung von Frauen und Männern für das Land Nordrhein-Westfalen (Landesgleichstellungsgesetz – LGG NRW"gesetz auf den Markt gebracht hat; und seit 2005 wird die Zeitschrift Gleichstellung in der Praxis (GiP vom selben Verlag herausgegeben.the Federal Equality Law, Commentary on the Law for the Promotion of Women Saxony-Anhalt, Commentary on the Hessian Equality Law; and since 2005, the publishing house also publishes the magazine Equality in Praxis (Gleichstellung in der Praxis GiP.

  11. Dynamic earthquake sequence simulations with fault constitutive law accounting for brittle-plastic transition and pressure solution-precipitation creep

    Science.gov (United States)

    Noda, Hiroyuki; Shimamoto, Toshihiko

    2015-04-01

    Fault mechanical behavior is presumably dictated by a pressure-sensitive friction law in the brittle regime where cataclastic deformation dominates, and by a pressure-insensitive flow law in the plastic regime where milonytes are generated. A fault constitutive law in the transitional regime is of great importance in considering earthquake cycles as evidenced by field observations of repeating brittle and ductile deformations [e.g., Sibson 1980]. Shimamoto and Noda [2014] proposed an empirical method of connecting the friction law and the flow law without introducing a new parameter, and demonstrated 2-D dynamic earthquake sequence simulations for a strike-slip fault [e.g., Lapusta et al., 2000] with the friction-to-flow law. A logarithmic rate- and state-dependent friction law (aging law) and a rate- and state-dependent flow law (power law) [Noda and Shimamoto, 2010] with a quartzite steady-state flow law (power exponent n = 4) [Hirth et al., 2001] were adopted for the friction law and the flow law, respectively. Our numerical models are realization of conceptual fault models [e.g., Scholz, 1988]. "Christmas tree" stress profiles appear as a result of evolution of the system, and fluctuate with time. During the interseismic periods, creep fronts penetrated into the locked depth, slow slip events were generated, and then nucleation of dynamic rupture took place either in the shallower or deeper creeping region. The dynamic ruptures spanned the locked depth, reaching the ground surface and extending downwards even deeper than the depth of maximum pre-stress where the deformation mode was in the transitional regime preseismically where S-C mylonitic texture was expected [Shimamoto, 1989]. The coseismic deformation was in the frictional regime because the pure flow law predicts tremendously high flow stress at high strain rate and "the weaker wins". Our simulations reproduced repeating overprint of brittle and ductile deformations. We attempt here to include pressure

  12. Reconnaissance Mapu-Che of Chile: Treaty versus Constitution, History versus Law

    Directory of Open Access Journals (Sweden)

    Bartolomé CLAVERO SALVADOR

    2011-04-01

    Full Text Available The compromise acquired since 1991 by successive Chilean governments to recognise indigenous presence in the organization of the State at a constitutional level has revealed the mutual academic and legal ignorance in relation to the evidence for Mapu-Che recognition. This work revisits the historical and legal relationship between the Chilean and the Mapu State, which until the Chilean conquest of the Mapu in the 1880s was carried out through Treaties and Parliaments that implied a mutual recognition of both identities in an international sphere. Study commissions official reports and pleas for truth for a new treaty, first by the United Nations, and later by the Republic of Chile noted the evidence of the constitutional and international significance of the Treaties, but Chile has since transformed its peculiar form of constitutional recognition of the indigenous presence into a display of national unity. This cover-up stems both from the desire to maintain an exclusive Constitution, and the certainty that any other form of recognition would lead to a reconsideration of the roots of the constitutional foundations of the Republic of Chile.

  13. Law amending Articles 15, 16, and 17 of the Constitution, 11 February 1989.

    Science.gov (United States)

    1989-01-01

    This Cambodian Law provides the following: "Article 15: Citizens enjoy the full right to occupy and utilize lands, and have the right to inherit landed property distributed by the state for housing and exploitation. Article 16: The state prohibits the tenure of vacant land for sale or rent to other people. No one can use agricultural land or derelict forested land for any purpose other than for agriculture without obtaining authorization from the competent authorities. Article 17: The right to occupy and utilize lands will be determined by a separate law."

  14. Assisted reproductive technologies in Portuguese law--commentary to the Judgment no. 101/2009, of March the 3rd of the Portuguese Constitutional Court.

    Science.gov (United States)

    Raposo, Vera Lúcia; Vale e Reis, Rafael

    2009-01-01

    Recently the Portuguese Constitutional Court was asked to analyze the constitutionality of the law on assisted reproduction, Law nr 32/2006. The request was presented by a conservative group, arguing, basically, that the law disregarded the juridical protection due to the embryo and to the participants in reproductive techniques. The main critics pointed out were related with the legitimacy of using reproductive techniques, the absence of a maximum age for beneficiaries, the authorization of embryo experimentation, the decision of not criminalizing every contract of surrogate motherhood, among some other critics. However, the Court concluded that none of the pointed norms went against Constitutional rules and principles.

  15. Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2016-01-01

    This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...

  16. Pair-collision between heterogeneous capsules in simple shear: Effect of membrane stiffness and membrane constitutive laws

    Science.gov (United States)

    Singh, Rajesh; Sarkar, Kausik

    2012-11-01

    Deformability of red blood cells affects hydrodynamic properties of blood and thereby physiological functions in many cardiovascular diseases, e.g. in sickle cell anemia and malaria, the cell membrane becomes stiff affecting their circulation through microvessels. Here, we numerically simulate the hydrodynamic interaction between a pair of cell-like capsules in a free shear flow, using a front-tracking method. The membrane is modeled using various constitutive equations. By varying the stiffness of one capsule (C2) and keeping all other parameters constant, we find a significant effect on the deformation and trajectory of the other (C1) . Increasing the stiffness of C2 surprisingly increases the peak deformation of C1 while decreasing the cross-stream shift in its trajectory However, the relative trajectory between capsules remains the same. Effects of constitutive laws and difference in behaviors between capsules and drops are investigated explaining underlying physics. partial support from NSF.

  17. Results and unsolved problems following the amendment to the Italian Law on assisted reproduction brought about by the Constitutional Court.

    Science.gov (United States)

    Molinelli, Andrea; Bonsignore, Alessandro; Darretta, Valeria; Anserini, Paola

    2012-07-01

    Since the approval of Law N° 40/2004, Italian specialists have been applying assisted reproductive techniques in compliance with a number of restrictions. Several attempts were made to find a solution to the practical and ethical issues brought about by this restrictive legislation. Finally, in May 2009, the Italian Constitutional Court banned most of the limitations. In the last year the authors worked together to study the impact of the Italian Constitutional Court modifications on assisted reproduction from both a gynecological and medico-legal point of view. Despite the clinically positive impact of the ruling, a lot of technical and legal unsolved issues still exist. Analyzing these problems, the authors stress the importance of a multidisciplinary approach to achieve adequate legislation in order to improve patients' outcome and avoid "reproductive migration" from Italy to other European Countries. New regulation could also be important for practitioners by keeping the risk of legal troubles to the minimum.

  18. A three-fluid approach in bipolar semiconductors with generation-recombination: constitutive laws and Onsager symmetry

    Science.gov (United States)

    Rossani, A.

    2016-11-01

    If electrons (e) and holes (h) in metals or semiconductors are heated to the temperatures Te and Th greater than the lattice temperature Tp, the electron-phonon interaction causes energy relaxation. In the nonuniform case, a momentum relaxation occurs as well. In view of such an application, a new model based on an asymptotic procedure for solving the kinetic equations of carriers and phonons is proposed, with generation-recombination of electrons and holes, which gives naturally the displaced Maxwellian at the leading order. After that, balance equations for the electron number, hole number, energy densities, and momentum densities are constructed, which constitute now a system of eight equations for the chemical potentials (carriers), the temperatures (carriers and phonons), and the drift velocities (carriers and phonons). In the drift-diffusion approximation the constitutive laws are derived and the Onsager relations recovered.

  19. Marise Cremona and Ann Thies (Eds.) The European Court of Justice and External Relations Law: Constitutional Challenges

    DEFF Research Database (Denmark)

    Butler, Graham

    2016-01-01

    actor of the Union interacts with law surrounding it, given the constitutional parameters. Over the length of this book review, it will be explained why this publication is a valuable contribution to the understanding of the Court of Justice as a judicial actor in the field of EU foreign policy......Without outlining the challenges and the balancing act that the Court of Justice must always strive to achieve, and the potential pitfalls that ensue, this book is a worthy read for those perplexed about the foreign relations issues of the Union, and those interested in how the primary judicial...... and external relations....

  20. Physically-Based and Power-Law Constitutive Relations for Higher Temperature Metal Processing and Creep-Type Deformations

    Science.gov (United States)

    Armstrong, R. W.; Balasubramanian, N.

    2017-02-01

    There is continuing research interest in the development and use of constitutive relations for assistance with description and optimization of higher temperature metal and alloy processing conditions and desired mechanical property performances, particularly in the latter case for nanopolycrystalline materials under creep-type loading deformations. Here, we focus on the plastic flow stress dependence on strain rate, temperature, and especially, on material grain size. Connection is established between, on the one hand, relatively recent thermal-activation-based relations for dislocation motion and, on the other hand, comparative power law expressions.

  1. O direito comparado na jurisdição constitucional The comparative law in the constitutional adjudication

    Directory of Open Access Journals (Sweden)

    Gustavo Vitorino Cardoso

    2010-12-01

    Full Text Available Este estudo aborda o crescente uso do direito comparado na racionalidade das decisões dos tribunais constitucionais. Tema extremamente interessante e atual, a aproximação do direito constitucional ao direito comparado é ilustrada a partir de casos julgados em Portugal, Estados Unidos e África do Sul e que receberam atenção especial da doutrina, destacando-se, nomeadamente, os contornos históricos e jurídicos caracterizadores desses ordenamentos jurídicos. O primeiro objetivo perfaz a verificação do alinhamento do Supremo Tribunal Federal à tendência comparativa, o que é feito mediante a análise materialmente direcionada da sua jurisprudência colhida no sítio oficial. A segunda etapa tem como escopo uma explicação possível para o problema intrínseco à interpretação/concretização de regras e princípios constitucionais, lançada na fundamentação de uma decisão com base em elementos apurados em outra ordem jurídica, tarefa essa que é levada a efeito com apoio na caracterização do denominado estado constitucional. Todas as etapas cumprem a função mais geral de indagação acerca do papel que a comparação de direitos tem alcançado no constitucionalismo do presente.This study addresses the growing use of the comparative law perspective in the rationality of decisions at constitutional courts. A much interesting and actual tendency, the correlation between comparative law and constitutional law is revealed by cases decided in Portugal, United States and South Africa, which has gathered great scholarly attention, with special focus in the historical and legal contours of these jurisdictions. The first aim is to examine the alignment of the Brazilian Federal Supreme Court to the comparative trend, which is carried out by jurisprudence analysis of documents available on the official website of the Institution. In addition, it was conceived a possible explanation for the intrinsic problem of the interpretation

  2. Solving the Bargaining Democracy Problem Using a Constitutional Hierarchy for Law

    DEFF Research Database (Denmark)

    Wihlborg, Clas

    2004-01-01

    The democratic deficit in the so-called bargaining democracy provides themotivation for constitutional efforts to limit the ability of different groups to formcoalitions that are able to grant benefits to themselves through legislation that moreor less directly benefit identifiable groups...... the policy debate to focus on principles andrules to an increasing extent. At the same time, the difficulty of defining a rule asopposed to an outcome-oriented directive is avoided by limiting the task of aconstitutional court to simply rank conflicting policy actions with respect to thedegree actions...

  3. Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme

    Directory of Open Access Journals (Sweden)

    Andrea Bauling

    2017-04-01

    Full Text Available The Bachelor of Laws (LLB degree programme should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal practitioners, but rather critical thinkers who can engage with the relationship between law and society in a meaningful way, and who recognise their duty to uphold the values of the Constitution of the Republic of South Africa, 1996 when performing their professional duties. Resultantly law teachers should construct learning environments that engage students in ways that help them develop creativity; embedded subject knowledge; and autonomous learning, critical thinking, and lifelong learning skills. A well-structured LLB degree programme should focus on this broader conception of legal education and a dissertation module as capstone course should be closely aligned with this objective. A greater academic influence could result in an academically rigorous degree programme that produces more mature graduates who possess competencies and attributes that exceed that which is demanded of them by legal practice. One way to establish a greater academic influence in a degree programme would be to include a final year dissertation module which demands that students illustrate the ability to think critically. The final year of a degree programme should provide the student with several opportunities aimed at culminating the learning experience and consolidating the skills and knowledge acquired throughout the preceding years of study. Capstone courses facilitate in-depth learning and should be employed to teach crucial skills related to the purpose of the degree. A compulsory dissertation module as capstone course, which embodies the pedagogical approach of transformative legal education, should be included in the revised curriculum of all law schools in South Africa. This dissertation module should demand that students engage critically with

  4. Shear flow of dense granular materials near smooth walls. I. Shear localization and constitutive laws in the boundary region.

    Science.gov (United States)

    Shojaaee, Zahra; Roux, Jean-Noël; Chevoir, François; Wolf, Dietrich E

    2012-07-01

    We report on a numerical study of the shear flow of a simple two-dimensional model of a granular material under controlled normal stress between two parallel smooth frictional walls moving with opposite velocities ± V. Discrete simulations, which are carried out with the contact dynamics method in dense assemblies of disks, reveal that, unlike rough walls made of strands of particles, smooth ones can lead to shear strain localization in the boundary layer. Specifically, we observe, for decreasing V, first a fluidlike regime (A), in which the whole granular layer is sheared, with a homogeneous strain rate except near the walls, then (B) a symmetric velocity profile with a solid block in the middle and strain localized near the walls, and finally (C) a state with broken symmetry in which the shear rate is confined to one boundary layer, while the bulk of the material moves together with the opposite wall. Both transitions are independent of system size and occur for specific values of V. Transient times are discussed. We show that the first transition, between regimes A and B, can be deduced from constitutive laws identified for the bulk material and the boundary layer, while the second one could be associated with an instability in the behavior of the boundary layer. The boundary zone constitutive law, however, is observed to depend on the state of the bulk material nearby.

  5. Prediction of Process-Induced Distortions in L-Shaped Composite Profiles Using Path-Dependent Constitutive Law

    Science.gov (United States)

    Ding, Anxin; Li, Shuxin; Wang, Jihui; Ni, Aiqing; Sun, Liangliang; Chang, Lei

    2016-10-01

    In this paper, the corner spring-in angles of AS4/8552 L-shaped composite profiles with different thicknesses are predicted using path-dependent constitutive law with the consideration of material properties variation due to phase change during curing. The prediction accuracy mainly depends on the properties in the rubbery and glassy states obtained by homogenization method rather than experimental measurements. Both analytical and finite element (FE) homogenization methods are applied to predict the overall properties of AS4/8552 composite. The effect of fiber volume fraction on the properties is investigated for both rubbery and glassy states using both methods. And the predicted results are compared with experimental measurements for the glassy state. Good agreement is achieved between the predicted results and available experimental data, showing the reliability of the homogenization method. Furthermore, the corner spring-in angles of L-shaped composite profiles are measured experimentally and the reliability of path-dependent constitutive law is validated as well as the properties prediction by FE homogenization method.

  6. Stochastic hyperelastic constitutive laws and identification procedure for soft biological tissues with intrinsic variability.

    Science.gov (United States)

    Staber, B; Guilleminot, J

    2017-01-01

    In this work, we address the constitutive modeling, in a probabilistic framework, of the hyperelastic response of soft biological tissues. The aim is on the one hand to mimic the mean behavior and variability that are typically encountered in the experimental characterization of such materials, and on the other hand to derive mathematical models that are almost surely consistent with the theory of nonlinear elasticity. Towards this goal, we invoke information theory and discuss a stochastic model relying on a low-dimensional parametrization. We subsequently propose a two-step methodology allowing for the calibration of the model using standard data, such as mean and standard deviation values along a given loading path. The framework is finally applied and benchmarked on three experimental databases proposed elsewhere in the literature. It is shown that the stochastic model allows experiments to be accurately reproduced, regardless of the tissue under consideration. Copyright © 2016 Elsevier Ltd. All rights reserved.

  7. Charters, Constitutions and By-Laws of the Indian Tribes of North America; Part III: The Southwest (Apache--Mohave). Occasional Publications in Anthropology Ethnology Series No. 4.

    Science.gov (United States)

    Fay, George E., Comp.

    The Museum of Anthropology of the University of Northern Colorado (formerly known as Colorado State College) has assembled a large number of Indian tribal charters, constitutions, and by-laws to be reproduced as a series of publications. Included in this volume are the amended charter and constitution of the Jicarilla Apache Tribe, Dulce, New…

  8. Economics of Illegal Work and Illegal Workers (Immigrants: Are They Protected under South African Labour Law and the Constitution, 1996?

    Directory of Open Access Journals (Sweden)

    Mashele Rapatsa

    2015-12-01

    Full Text Available This article analyses whether prostitution (illegal work and illegal immigrants have access to the protective ambits of statutory framework regulating employment relations. Its objective is to examine the scope of labour law, considerate of ever changing trends in the modern world of work. It utilizes the two notable precedents founded in Kylie v CCMA and Discovery Health v CCMA. This is considerate of inherent dynamics in contemporary labour relations where the majority of workers have been displaced into grey areas that offer little or no protection, thus rendering workers vulnerable to exploitation. The article highlights a rising tension arising out of exploitative labour practices and socio-economic factors, and the need for labour law to respond. It has been found that courts have creatively invented strategic methods that have successfully aided efforts of protecting vulnerable workers engaged in economic activities under precarious circumstances. This is to the extent that the Constitution, 1996 and the Labour Relations Act 66 of 1995 have been interpreted in a manner that enhances worker protection, which fulfils the purpose for which labour law was enacted.

  9. 论刑法作为宪法的罚则及二者的关系模式%The Criminal Law as Penalty to the Constitutional Law and Its Relationship Model Between the Above Two

    Institute of Scientific and Technical Information of China (English)

    欧阳曦

    2013-01-01

      目前关于宪法和刑法关系的表述,是一种基于宪法文本的解读,没有论及当前的法律设计是否合理。宪法是法律世界的统领,为个人权利对抗刑罚权力提供平台,形成对刑法审视,并且贯穿定罪和量刑两大根本领域。具体而言,对宪法秩序的破坏是犯罪行为具有严重社会危害性的指针和标准;只有宪法才能说明刑罚的正当性来源于人民。因此,刑法是宪法的一种罚则,宪法在由精神、原则和规范所组成的框架内指引着刑法的创设和发展。%  The current expression of the relationship pattern between the constitutional law and criminal law are based on the law articles without much rational consideration. The constitutional law is the guide of legal system, it provides protection for individual rights to against the power of penalty exercised by country, forming the review of criminal law and running through the two fundamental areas of conviction and sentence. Specifically, the destruction to the constitutional order is a basic standard of judging an act with serious social harm or not, and only the constitutional law can explain why the sources of legitimacy of punishment is from the people. We can treat the criminal law as penalty to the constitutional law and the criminal law develops in the frame consisted with spirit, principles and articles of the constitutional law.

  10. An Evaluation of Constitutive Laws and their Ability to Predict Flow Stress over Large Variations in Temperature, Strain, and Strain Rate Characteristic of Friction Stir Welding

    Science.gov (United States)

    Kuykendall, Katherine

    2011-07-01

    Constitutive laws commonly used to model friction stir welding have been evaluated, both qualitatively and quantitatively, and a new application of a constitutive law which can be extended to materials commonly used in FSW is presented. Existing constitutive laws have been classified as path-dependent or path-independent. Path-independent laws have been further classified according to the physical phenomena they capture: strain hardening, strain rate hardening, and/or thermal softening. Path-dependent laws can track gradients in temperature and strain rate characteristic to friction stir welding; however, path-independent laws cannot. None of the path-independent constitutive laws evaluated has been validated over the full range of strain, strain rate, and temperature in friction stir welding. Holding all parameters other than constitutive law constant in a friction stir weld model resulted in temperature differences of up to 21%. Varying locations for maximum temperature difference indicate that the constitutive laws resulted in different temperature profiles. The Sheppard and Wright law is capable of capturing saturation but incapable of capturing strain hardening with errors as large as 57% near yield. The Johnson-Cook law is capable of capturing strain hardening; however, its inability to capture saturation causes over-predictions of stress at large strains with errors as large as 37% near saturation. The Kocks and Mecking model is capable of capturing strain hardening and saturation with errors less than 5% over the entire range of plastic strain. The Sheppard and Wright and Johnson-Cook laws are incapable of capturing transients characteristic of material behavior under interrupted temperature or strain rate. The use of a state variable in the Kocks and Mecking law allows it to predict such transients. Constants for the Kocks and Mecking model for AA 5083, AA 3004, and Inconel 600 were determined from Atlas of Formability data. Constants for AA 5083 and AA

  11. REFLECTIONS ON THE PRINCIPLE “JUSTICE IS EQUAL FOR ALL” IN THE ROMANIAN CONSTITUTIONS AND IN COMPARATIVE LAW – SELECTIVE ASPECTS

    Directory of Open Access Journals (Sweden)

    Nicolae PAVEL

    2017-05-01

    Full Text Available At the onset of the study it is necessary to mention that its topic will be circumscribed to regulations on the principle Justice is equal for all in the Romanian Constitutions and in comparative law – selective aspects. By this approach, the proposed study opens a complex and complete vision, but not exhaustive, to the reflections on the principle Justice is equal for all in the Romanian Constitutions and in comparative law. In comparative law analysis, we will keep a symmetrical approach to identifying regulations on the principle Justice is equal for all in the Constitutions of other countries. The subject of the scientific endeavor will be circumscribed to the scientific analysis of its parts, as follows: 1. Introduction. 2.Identification of constitutional rules on the principle Justice is equal for all in the Constitution of Romania and comparativelaw. 3. Highlights Romanian doctrine and comparative law on the principle Justice is equal for all. 4. Jurisprudence of the Constitutional Court on the principle Justice is equal for all (selective aspects. 5. Conclusions.

  12. On constitutional doubts about New Croatian Bankruptcy Law: Initiation of criminal proceedings as an obstacle to exercising the labor law status of the bankruptcy trustee

    Directory of Open Access Journals (Sweden)

    Bodul Dejan

    2016-01-01

    Full Text Available A number of regulations prescribe general and specific requirements that a person (exempli causa, the bankruptcy trustee, lawyers, judges, notary public, sports staff must observe in order to perform its function. This becomes even more important because the Bankruptcy Act (OG, 71/15 states that one of specific conditions for performing the function of a bankruptcy trustee is that he has to be worthy of public trust, and he is not considered worthy if criminal proceedings are initiated against the trustee. The thesis of this paper is whether such a solution is in accordance with the Constitution of the Republic of Croatia (OG, 56/90,135/97, 8/98,113/00, 124/00, 28/01, 41/01, 55/01, 76/10, 85/10 and 05/14 and the EU Convention for the Protection of Human Rights and Fundamental Freedoms (OG-IT, 18/97, 6/99, 14/02,13/03, 9/05,1/06 and 2/10, given that everyone is presumed innocent and is not to be found guilty of any criminal offense until proven otherwise by a final court judgment (Art. 28 of the Constitution of Croatia and Art. 6. par. 2. of the Convention. The complexity of the research subject and set tasks have dictated the choice of method so that we used a methodological approach that encompasses the study of domestic and foreign literature, the relevant legal provisions, and analysis of domestic and foreign legal practices. In the paper, we shall also analyze the practice of the European Court of Human Rights in proceedings under Art. 6 (Right to a fair trial and Art. 14 (Prohibition of discrimination of the Convention, because we assume that it can be crucial for understanding the thesis which is based on the case law of the European Court of Human Rights and the European positive law. In that sense, this work is intended to point out the vagueness of the existing legal provisions, by focusing on certain de legeferenda solutions.

  13. State Authorities’ Powers to Determine the Budget Deficit and Public Debt in the Light of the Articles of the Constitution and the Law of the European Union

    OpenAIRE

    2013-01-01

    The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain) as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non...

  14. The difficult transformation of a forced constitutional agreement into actual government policy. The Democratic Centre Union and its defunct Law on the Statute of Schools (LOECE of 1980

    Directory of Open Access Journals (Sweden)

    Diego Sevilla Merino

    2016-01-01

    Full Text Available Under Franco’s Regime, private education, which was managed almostcompletely by the church, underwent considerable development in comparisonto public education. With the arrival of democracy, the conservatives were willingto concede to some minimal changes, whereas the progressives had big reforms inmind. It is because of this that education was one of the most complicated topicsto reach an agreement upon in the Constitution of 1978. In order to achieve aconsensus, Article 27 was drafted in a way which allowed both conservatives andprogressives to develop their educational policies in keeping with their ideology.The Law of Schools (LOECE of 1980 was the first law regulating educationin accordance with the Constitution. In passing this law, the Government ofAdolfo Suarez, with the support of Manuel Fraga’s conservative party, AlianzaPopular, and the regional nationalist right-wing parties, imposed its ideologyfavouring private education. When the groups from the left saw their proposalsrejected they filed a complaint before the Constitutional Court, which in factdeclared void some of the most important articles contained in the law.The basic consensus achieved during the drafting of the Constitution has notprevented important disagreements from arising afterwards. As a result, withevery change of government there is also a change in the laws and in the wayeducational policies are developed.

  15. A three-dimensional finite volume method for conservation laws in conjunction with modified solution for nonlinear coupled constitutive relations

    Science.gov (United States)

    Jiang, Zhongzheng; Zhao, Wenwen; Chen, Weifang

    2016-11-01

    Non-equilibrium effects play a vital role in high-speed and rarefied gas flows and the accurate simulation of these flow regimes are far beyond the capability of near-local-equilibrium Navier-Stokes-Fourier equations. Eu proposed generalized hydrodynamic equations which are consistent with the laws of irreversible thermodynamics to solve this problem. Based on Eu's generalized hydrodynamics equations, a computation model, namely the nonlinear coupled constitutive relations (NCCR), was developed by R.S. Myong and applied successfully to one-dimensional shock wave structure and two-dimensional rarefied flows. In this paper, finite volume schemes, including LU-SGS time advance scheme, MUSCL interpolation and AUSMPW+ scheme, are firstly adopted to investigate NCCR model's validity and potential in three-dimensional complex hypersonic rarefied gas flows. Moreover, in order to solve the computational stability problems in 3D complex flows, a modified solution is developed for the NCCR model. Finally, the modified solution is tested for a slip complex flow over a 3D hollow cylinder-flare configuration. The numerical results show that the NCCR model by the modified solution yields good solutions in better agreement with the DSMC results and experimental data than NSF equations, and imply NCCR model's great potential capability in further application.

  16. 契约自由之宪法保护的德国经验%Liberty of Contract as a Constitutional Right in German Basic Law

    Institute of Scientific and Technical Information of China (English)

    付瑶

    2012-01-01

    契约自由在德国是受到宪法保护的个人权利。德国宪法中的社会国家原则、法治国家原则和比例原则是宪法的基本秩序,是对任何单独的宪法条款进行解释的时候必须参照和对应的总的原则。社会国家原则要求契约自由的行使不能与大众福利相违背。法治国家原则、比例原则是对政府治安权的宪法限制,也是司法审查权的宪法基石。在德国宪法中,契约自由的宪法保护有坚实的基础,有宪法文本作为依据,同时与宪法基本精神一脉相承。%Liberty of Contract in Germany is an individual right guaranteed by its Constitution. The principles of social state, rule of law and proportionality form a basic constitutional order, which are regarded as overall guiding rules for interpretation of any single constitutional clause. The principle of social state emphasizes the liberty of contract cannot infringe on public welfare, while the principles of rule of law and proportionality are restrictions to policing power of the government, which are also the constitutional foundations of judicial review. In German constitutional interpretation, the constitutional protection for liberty of contract is based on constitution, which is consistent with the basic spirit of German Basic Law.

  17. Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

    Directory of Open Access Journals (Sweden)

    Cícero Júnior Siqueira dos Santos

    2016-04-01

    Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

  18. Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law

    Directory of Open Access Journals (Sweden)

    L du Plessis

    2009-12-01

    Full Text Available This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly eccentric claims of (assumedly idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2 BCLR 99 (CC, 2008 (1 SA 474 (CC (hereafter Pillay. Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remarkable judgment, dealing with a deceptively mundane issue, has played a considerable role in fleshing out a jurisprudence of difference, putting an adherent of a vulnerable, minority religion in the right. This is not just a high point in the adjudication of constitutional entitlements of the religious (and cultural Other in South Africa, but also a significant contribution to the growth of a jurisprudence sensitive to the predicaments and constitutional entitlements of unconventional, 'non-mainstream' claimants of religious (and cultural rights. Finally Pillay illustrates that the constitutional guarantee of the right to freedom of religion, conscience, belief and opinion (entrenched in section 15(1 of the Constitution of Republic of South Africa 1996 can be crucially dependent upon due effect being given to the proscription of unfair discrimination on the grounds of religion, conscience, belief and opinion elsewhere (namely in section 9(3 of the Constitution.

  19. 反映的规律为本构关系的变分原理%The variational principle:the law of reflection is constitutive relation

    Institute of Scientific and Technical Information of China (English)

    冯晓九; 梁立孚

    2016-01-01

    In order to prove that the classical variational principles contain one principle that the reflection law is the constitutive relation, Hamilton principle of nonlinear elastodynamics is established by using the variational integral, starting from the basic equations of nonlinear elastodynamics. Then, after involutory transformation is used, Hamilton theory is converted to the constitutive variational principle with Langrange multiplier method and partial substitution method. It testifies that this variational principle reflects the constitutive relation. Taking the nonlinear material as an example, a new way to obtain the material constitutive relation is provided in this paper, which provides theoretical basis for numeral modeling. It supplements and improves the reflections of three basic rules in the classical constitutive relation:the reflection law of minimum potential energy principle is the balanced relation, the reflection law of the minimum complimentary energy principle is continuous relation, and the reflection law of constitutive variational principle is constitutive relation.%为证明经典变分原理中存在反映的规律为本构关系的变分原理,从非线性弹性动力学的基本方程出发,应用变积方法建立非线性弹性动力学Hamilton原理。再应用对合变换法、Lagrange乘子法和局部代入法,将Hamilton原理变换为本构变分原理。论证了该变分原理反映的规律为本构关系,本研究以非线性材料为例,找到了一个新的材料本构关系的获得途径,为数值建模提供了理论依据。研究结果表明,补充和完善了经典变分原理中对3类基本规律的反映,即:最小势能原理反映的规律为平衡关系、最小余能原理反映的规律为连续关系和本构变分原理反映的规律为本构关系。

  20. The emerging international constitutional order: the implications of hierarchy in international law for the coherence and legitimacy of international decision-making

    Directory of Open Access Journals (Sweden)

    E de Wet

    2007-11-01

    Full Text Available The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and structural norms that form a supreme legal framework for the exercise of public power. The substantive elements primarily include the value system of the international legal order, meaning norms of positive law with a strong ethical underpinning (notably human rights norms that have acquired a special hierarchical standing vis-à-vis other international norms through state practice. The structural elements refer to the subjects of the international legal order that collectively constitute the international community (polity, as well as the mechanisms for enforcement of the international value system. This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU or functional (for example WTO, UN nature, and its eroding impact on the notion of a “total” constitutional order, where the fundamental substantive and structural norms that form the supreme legal framework for the exercise of public power are concentrated in the nation state. It is also inspired by the belief that such a supreme legal framework is only possible in a system where different national, regional and functional legal orders complement each other in order to form an international constitutional order.

  1. Comments on Sun Ke's thoughts of constitutional law%孙科宪法思想评析

    Institute of Scientific and Technical Information of China (English)

    黄振; 张扩振

    2011-01-01

    By leading the drafting of "Five Five" constitution, Sun Ke had shown his constitutional ideas. Based on Sun Yatsen' thoughts, these ideas are the products resulting from his political practice and China's actual eonditions. Sun Ke's constitutional ideology is a system of which solving livelihood issues is its foundation; achieving constitutional democracy is its terminal goal; improving local self-government ability is its key in institutional construction. Focusing on the side of economies of the constitution is an important feature of Sun Ke' s constitutional thinking.%孙科领导了“五五”宪草的拟定,并在这一过程中充分展现了其宪法思想。这些宪法思想是他在继承孙中山思想的基础上,总结其政治实践和中国实际情况的产物。孙科的宪法思想是以解决民生问题为基础,以实现民主宪政为目标,以致力于地方自治能力的提高为制度建设根本的思想体系。重视宪法的经济性是孙科宪法思想的重要特征。

  2. The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment; Der beschleunigte Ausstieg aus der friedlichen Nutzung der Kernenergie. Eine atom-, verfassungs- und europarechtliche Bewertung des Atommoratoriums und der 13. Atomrechtsnovelle

    Energy Technology Data Exchange (ETDEWEB)

    Schloemer, Jan

    2013-07-01

    The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.

  3. Influence Of The Islamic Laws On The Constitutional Legal Regulation In The Countries Of The Middle East (On The Example Of Syria And Iraq

    Directory of Open Access Journals (Sweden)

    Nina V. Volodina

    2014-09-01

    Full Text Available In the present article author conducts research and compares certain elements of Islamic Laws with norms of constitutional law having special value in the countries of Middle East. Legal norms and religious dogmas coincide in Islam on the functioning mechanism as standard regulators of life. Features of constitutional legal regulation of the states of Syria and Iraq relationships with religious associations are considered. It is noted that in any Islamic state the conventional principles and norms of international law correspond to the Quran. In the conclusion author outs forward an idea that: law is closely connected with policy, and the legal base is most often formed depending on political ambitions and religious views of the leader or group of leaders influencing policy in this or that country, not an exception is also the sphere of the state and religious associations relationship. When forming relationship with such country as Syria, it is necessary to consider also those facts, for example, that the leader of this country is an alafit and his religious views are closely connected with imamat, i.e. with ideas of the Talib. Note that in Russian Federation the religious organization "Taliban" is defined as extremist and terrorist. Besides, young people from different countries (including Russia in the desire to improve their religious education go to countries of the Middle East, including Syria in which the number of madrasah increases every year. On the example of Syria in spite of the fact that constitution of this country has a secular focus and leaders put forward the thesis about modernization and good breeding of society, in practice there is a real Islamization of the country and discrimination of other religious beliefs.

  4. The constitutional momentum of European contract law: on the interpretation of the DCFR in light of fundamental rights

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper presents a constitutional analysis of the Draft Common Frame of Reference (DCFR) that has been prepared by a network of European legal scholars. The central question is to what extent the DCFR reflects fundamental values shared by the Member States. In order to answer this question, this

  5. A strict experimental test of macroscopic realism in a superconducting flux qubit.

    Science.gov (United States)

    Knee, George C; Kakuyanagi, Kosuke; Yeh, Mao-Chuang; Matsuzaki, Yuichiro; Toida, Hiraku; Yamaguchi, Hiroshi; Saito, Shiro; Leggett, Anthony J; Munro, William J

    2016-11-04

    Macroscopic realism is the name for a class of modifications to quantum theory that allow macroscopic objects to be described in a measurement-independent manner, while largely preserving a fully quantum mechanical description of the microscopic world. Objective collapse theories are examples which aim to solve the quantum measurement problem through modified dynamical laws. Whether such theories describe nature, however, is not known. Here we describe and implement an experimental protocol capable of constraining theories of this class, that is more noise tolerant and conceptually transparent than the original Leggett-Garg test. We implement the protocol in a superconducting flux qubit, and rule out (by ∼84 s.d.) those theories which would deny coherent superpositions of 170 nA currents over a ∼10 ns timescale. Further, we address the 'clumsiness loophole' by determining classical disturbance with control experiments. Our results constitute strong evidence for the superposition of states of nontrivial macroscopic distinctness.

  6. Constitutional and administrative law comments on public-private partnerships in urban development: Experiences from the Netherlands

    NARCIS (Netherlands)

    Hobma, F.A.M.

    2011-01-01

    Public-private partnership agreements can be seen as government making use of private law to achieve planning objectives. Public-private partnerships (PPP’s) have extensively been used in urban development projects during the past few decades in the Netherlands (and elsewhere around the globe). A lo

  7. Constitutional and administrative law comments on public-private partnerships in urban development: Experiences from the Netherlands

    NARCIS (Netherlands)

    Hobma, F.A.M.

    2011-01-01

    Public-private partnership agreements can be seen as government making use of private law to achieve planning objectives. Public-private partnerships (PPP’s) have extensively been used in urban development projects during the past few decades in the Netherlands (and elsewhere around the globe). A

  8. Constitutional and administrative law comments on public-private partnerships in urban development: Experiences from the Netherlands

    NARCIS (Netherlands)

    Hobma, F.A.M.

    2011-01-01

    Public-private partnership agreements can be seen as government making use of private law to achieve planning objectives. Public-private partnerships (PPP’s) have extensively been used in urban development projects during the past few decades in the Netherlands (and elsewhere around the globe). A lo

  9. Constitutionalization of arbitration in Peru: some considerations around relationship among arbitration, Constitution, fundamental rights and Rule of law

    Directory of Open Access Journals (Sweden)

    Reynaldo Bustamante Alarcón

    2013-12-01

    Full Text Available This article point out the progressive enrichment by which fundamental rights concept have gone through, providing to holders—government and individuals— not only rights, liberties, powers and immunity but also the obligation to respect, defend, guarantee and promote all them regardless the conduct displayed by the holder in this field. With this in mind, the author examines arbitration definition and main characteristics, highlighting its constitutional dimension proposing a systematic reading in accordance with fundamental rights.

  10. 宪法监督权的刑事法界限探析%Defining Citizens Constitutional Rights to Supervision and Its Implications for Criminal Law

    Institute of Scientific and Technical Information of China (English)

    胡杰; 韩玉胜

    2013-01-01

    Article 41 of the Constitution provides that“there should be no fabrication or distortion of facts for false accusation”,and as the specification of this constitutional spirit,the criminal law has the corresponding provision to define the crime of“fabricating facts to slander others”;the burden to prove the truth of the accusation put citizensfreedom to exercise their supervision rights under unnec-essary restrictions. The criteria for incriminating the constitutional supervisory speech action should be distinguished from those for incriminating the ordinary speech action. The speech made for exercising constitutional supervision belongs to the“allowed dangers”in the criminal law;when the necessary obligations are fulfilled as a prerequisite,the speech should be exempted from legal punishment.%宪法第41条规定“不得捏造或者歪曲事实进行诬告陷害”,刑法中诽谤罪“捏造事实,诽谤他人名誉的行为”作为部门法的具体限定之一;真实性证明作为处罚阻却事由的性质,公民宪法监督言论的范围受到不必要的限制,宪法监督言论的刑事入罪标准应当区别一般言论的刑事入罪标准;宪法监督权的言论属于刑法中的“允许的危险”,行为人履行一定的义务作为前提,应当排除宪法监督言论的刑事有责性。

  11. 刑法修正模式的合宪性反思%The Questioning of Constitutionality on the Mode of Amendment to the Criminal Law

    Institute of Scientific and Technical Information of China (English)

    邓毅丞

    2015-01-01

    学界曾通过语义分析的进路、权力角色的进路以及工具理性的进路探寻刑法修正案的合宪性问题. 这些进路虽然对问题的解决有一定帮助,但无法得到一个确切的答案. 在体系论和目的论的进路下,可以发现刑法修正案没有违反宪法. 然而,宪法赋予全国人大常委会应对社会需求的职责以及限制其滥用权力的价值取向存在冲突,从而造成了刑法修正案的"合宪性瑕疵". 对此,应当由全国人大立法明确全国人大常委会的修法范围和限度,以协调刑法修正案的适应性和合法性.%The issue whether Amendment to the Criminal Law is constitutional or not has been explored in the academia by means of semantic analysis, authority analysis and instrument rationality. However, it is quite impossible for us to get a definite answer although it does give us a favorable help to the problem solution. With the application of systematic interpretation and objective teleology, it can be found that the Amendment to the Criminal Law does not violate the Constitution. As a matter of fact, there is a conflict between the constitutional duty endowed by the Standing Committee of the NPC in response to social needs and the constitutional limitation to the power execution of the Standing Committee of the NPC, which results in the constitutional defect of Amendment. It is proposed in this paper that NPC should pursue legislation to make power of the Standing Committee of the NPC about amending the Criminal Law so as to coordinate the suitability and legality of the Amendment.

  12. Fractional Lattice Dynamics: Nonlocal constitutive behavior generated by power law matrix functions and their fractional continuum limit kernels

    CERN Document Server

    Michelitsch, Thomas; Riascos, Alejandro; Nowakowski, Andrzej F; Nicolleau, Franck C G A

    2016-01-01

    We introduce positive elastic potentials in the harmonic approximation leading by Hamilton's variational principle to fractional Laplacian matrices having the forms of power law matrix functions of the simple local Bornvon Karman Laplacian. The fractional Laplacian matrices are well defined on periodic and infinite lattices in $n=1,2,3,..$ dimensions. The present approach generalizes the central symmetric second differenceoperator (Born von Karman Laplacian) to its fractional central symmetric counterpart (Fractional Laplacian matrix).For non-integer powers of the Born von Karman Laplacian, the fractional Laplacian matrix is nondiagonal with nonzero matrix elements everywhere, corresponding to nonlocal behavior: For large lattices the matrix elements far from the diagonal expose power law asymptotics leading to continuum limit kernels of Riesz fractional derivative type. We present explicit results for the fractional Laplacian matrix in 1D for finite periodic and infinite linear chains and their Riesz fractio...

  13. Rank distributions: A panoramic macroscopic outlook

    Science.gov (United States)

    Eliazar, Iddo I.; Cohen, Morrel H.

    2014-01-01

    This paper presents a panoramic macroscopic outlook of rank distributions. We establish a general framework for the analysis of rank distributions, which classifies them into five macroscopic "socioeconomic" states: monarchy, oligarchy-feudalism, criticality, socialism-capitalism, and communism. Oligarchy-feudalism is shown to be characterized by discrete macroscopic rank distributions, and socialism-capitalism is shown to be characterized by continuous macroscopic size distributions. Criticality is a transition state between oligarchy-feudalism and socialism-capitalism, which can manifest allometric scaling with multifractal spectra. Monarchy and communism are extreme forms of oligarchy-feudalism and socialism-capitalism, respectively, in which the intrinsic randomness vanishes. The general framework is applied to three different models of rank distributions—top-down, bottom-up, and global—and unveils each model's macroscopic universality and versatility. The global model yields a macroscopic classification of the generalized Zipf law, an omnipresent form of rank distributions observed across the sciences. An amalgamation of the three models establishes a universal rank-distribution explanation for the macroscopic emergence of a prevalent class of continuous size distributions, ones governed by unimodal densities with both Pareto and inverse-Pareto power-law tails.

  14. High-Temperature Deformation Constitutive Law for Dissimilar Weld Residual Stress Modeling: Effect of Thermal Load on Strain Hardening

    Energy Technology Data Exchange (ETDEWEB)

    Yu, Xinghua [ORNL; Wang, Yanli [ORNL; Crooker, Paul [Electric Power Research Institute (EPRI); Feng, Zhili [ORNL

    2015-01-01

    Weld residual stress is one of the primary driving forces for primary water stress corrosion cracking in dissimilar metal welds (DMWs). To mitigate tensile residual stress in DMWs, it is critical to understand residual stress distribution by modeling techniques. Recent studies have shown that weld residual stress prediction using today s DMW residual stress models strongly depends on the strain-hardening constitutive model chosen. The commonly used strain-hardening models (isotropic, kinematic, and mixed) are all time-independent and inadequate to account for the time-dependent (viscous) plastic deformation at the elevated temperatures experienced during welding. For materials with profound strain-hardening, such as stainless steels and nickel-based alloys that are widely used in nuclear reactor and piping systems, the equivalent plastic strain the determinate factor of the flow stress can be highly dependent on the recovery and recrystallization processes. These processes are in turn a strong function of temperature, time, and deformation rate. Recently, the authors proposed a new temperature- and time-dependent strain-hardening constitutive model: the dynamic strain-hardening constitutive model. The application of such a model has resulted in improved weld residual stress prediction compared to the residual stress measurement results from the contour and deep-hole drilling methods. In this study, the dynamic strain-hardening behavior of Type 304 stainless steel and Alloy 82 used in pressure vessel nozzle DMWs is experimentally determined. The kinetics of the recovery and recrystallization of flow stress are derived from experiments, resulting in a semi-empirical equation as a function of pre-strain, time, and temperature that can be used for weld residual stress modeling. The method used in this work also provides an approach to study the kinetics of recovery and recrystallization of other materials with significant strain-hardening.

  15. [Refusal of the biological proof practice and the harm of the law to effective judicial guardianship in constitutional jurisprudence].

    Science.gov (United States)

    Herrán Ortiz, Ana Isabel

    2007-01-01

    The Spanish Constitution protects the free investigation of the paternity on its 39.2 the article, in which is granted that possibility. This right is not absolute, it has limits, but those limits will have to be interpreted in a restrictive way due to the principles based on it, such as the legal equality of children, and the integral protection of them. In view of this, the sentences are a very valuable element to delimit the aplication of this right, and establish its limitations.

  16. Phaseout of nuclear energy in 2011. The 13th amendment to the Atomic Energy Law from the viewpoint of German constitutional law; Kernenergieausstieg 2011. Die 13. AtG-Novelle aus verfassungsrechtlicher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Di Fabio, Udo; Durner, Wolfgang; Wagner, Gerhard

    2013-07-01

    The present study analyses the framework provided by German constitutional law in regard to the nuclear energy phaseout in 2011, proceeding in three steps. The contribution by Udo di Fabio is dedicated to the question whether this decision, as well as the manner of its implementation, are in accord with the guarantee of ownership provided by Art. 14 of the German Basic Law (GG). Wolfgang Durner discusses implications of the principle of equality as set out in Art. 3 Section 1 GG in the field of nuclear law. The article by Gerhard Wagner departs from the premise that the restrictions on the use of nuclear power plants should not have been imposed without granting the operators due compensation. These findings are used a basis for determining the implications of fundamental rights for a compensation regime that is in accord with the German constitution. All three contributions originate from a legal expertise that was prepared by the three authors on behalf of the RWE stock company.

  17. IR. Theory Meets European Union Law. Constitutional Battles, Sovereign Choices & Institutional Contingencies in the Legacy of the European Integration Process

    DEFF Research Database (Denmark)

    Wind, Marlene

    of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where......From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts...

  18. 宪法发展与刑法理念的更新——国权刑法向民权刑法的嬗变%Constitutional Development and the Updating of the Concept of Criminal Law -- The Evolution o~ Country Rights Criminal Law to the Civil Rights Criminal Law

    Institute of Scientific and Technical Information of China (English)

    辛波

    2012-01-01

    As the enforcement of the constitution, criminal Law directly inherited the basic spirit of the constitution. Evolution on value, spirit and concept of the constitution will have a direct impact on the transmutation of the value, spirit and concept of criminal law. The transmutation can be reflected from country rights criminal law to the civil rights criminal law. Regulations about human rights protection and non - public economy in the constitution promote the evolution of country rights criminal law to the civil rights criminal law.%刑法作为宪法的实施法,直接传承着宪法中所蕴涵的基础精神。宪法的价值、精神、理念的嬗变会直接影响到刑法价值、精神及理念的嬗变,这种嬗变可体现为国权刑法向民权刑法的嬗变。宪法关于人权保障的规范和关于非公有制经济的规范直接推动国权刑法向民权刑法的嬗变。

  19. Amendment of the Atomic Law. Need of aopproval according to the Constitutional Law and EU competencies for the regulation of the nuclear safety; Novellierung des Atomgesetzes. Zustimmungsbeduerftigkeit nach dem GG und EU-Kompetenzen zur Regelung der nuklearen Sicherheit

    Energy Technology Data Exchange (ETDEWEB)

    Frenz, Walter; Ehlenz, Christian [RWTH Aachen (Germany)

    2010-12-15

    The in the context of the European Atomic Energy Community (Euratom) issued for the dumping of waste disposals and for the safe disposal of radioactive wastes planned secondary legislation concerns to the nuclear safety. The scope of competence is reduced in this range. For the amendment of the atomic law, also covering the extension of power plant operation, essentially substantial points of contact exist, and an independent field of problem develops. This happens in addition to anyway disputed demand of agreement of the Federal Council for the change of the Atomic Energy Act according to Sect. 87c Constitutional Law also having a European legal determinant. The last question did not dominate by the fact that the legal committee of the Federal Council in its meeting at 10th November, 2010, voted by majority that the atomic novella for the extension of power plant operation is obligated for agreement. However, this vote is not binding for the plenum.

  20. The Core Effect of "Governing the Country by Constitution" in Managing State Affairs According to Law%析“依宪治国”在依法治国中的核心作用

    Institute of Scientific and Technical Information of China (English)

    刘博识; 徐金玲; 隋立双

    2015-01-01

    The core of managing state affairs according to law is governing the country by constitution. The highest standards of the rule by law are the supreme of constitution. To manage state affairs according to law needs the powerful support of the constitution. At present, there are some problems when implement the constitution in our country, such as the citizen lack of the constitution consciousness; the constitutional amendment is easily affected by the policy factors; the legal system is not perfect; lack of supervision mechanism and system. To strengthen the implementation of the constitution we should start from propaganda and training the constitution consciousness; to improve and perfect the constitutional application channels; to establish constitutional review mechanism and the authority of the constitution and other aspects and to adhere to realize the managing state affairs according to law and governing the country by constitution under the leadership of the party.%依法治国的核心是依宪治国,法治的最高标准是宪法至上,依法治国需要强大宪法的支持。当前我国执行宪法时,存在公民宪法意识缺乏、宪法修改易受政策因素左右、法律体系不够完善、监督机制和制度匮乏等问题。加强宪法实施要从宣传和培养宪法意识、健全和完善宪法适用渠道、建立违宪审查机制和树立宪法权威等方面着手,坚持在党的领导下实现依法治国、依宪治国之路。

  1. Interference of macroscopic superpositions

    CERN Document Server

    Vecchi, I

    2000-01-01

    We propose a simple experimental procedure based on the Elitzur-Vaidman scheme to implement a quantum nondemolition measurement testing the persistence of macroscopic superpositions. We conjecture that its implementation will reveal the persistence of superpositions of macroscopic objects in the absence of a direct act of observation.

  2. Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law; Gesetzgeberische Sorgfaltspflichten bei der Energiewende. Verfassungsfragen der 13. AtG-Novelle

    Energy Technology Data Exchange (ETDEWEB)

    Degenhart, Christoph

    2013-11-01

    The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

  3. A Global Labour Constitution?

    OpenAIRE

    Dukes, R.

    2014-01-01

    This article explores the argument that the idea of the labour constitution, as developed by Hugo Sinzheimer, offers a useful perspective for thinking about labour law today. With reference to the work of Wolfgang Streeck and Karl Polanyi, it highlights the potential benefits of the labour constitution as a framework for analysis. With a view to developing and updating Sinzheimer’s blueprint for a – national – labour constitution, it then engages with two lines of theoretical enquiry into the...

  4. Macroscopic quantum resonators (MAQRO)

    CERN Document Server

    Kaltenbaek, Rainer; Kiesel, Nikolai; Romero-Isart, Oriol; Johann, Ulrich; Aspelmeyer, Markus

    2012-01-01

    Quantum physics challenges our understanding of the nature of physical reality and of space-time and suggests the necessity of radical revisions of their underlying concepts. Experimental tests of quantum phenomena involving massive macroscopic objects would provide novel insights into these fundamental questions. Making use of the unique environment provided by space, MAQRO aims at investigating this largely unexplored realm of macroscopic quantum physics. MAQRO has originally been proposed as a medium-sized fundamental-science space mission for the 2010 call of Cosmic Vision. MAQRO unites two experiments: DECIDE (DECoherence In Double-Slit Experiments) and CASE (Comparative Acceleration Sensing Experiment). The main scientific objective of MAQRO, which is addressed by the experiment DECIDE, is to test the predictions of quantum theory for quantum superpositions of macroscopic objects containing more than 10e8 atoms. Under these conditions, deviations due to various suggested alternative models to quantum th...

  5. Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2011-12-01

    Full Text Available The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause, 27 (access to health care services, 30 and 31 (language, culture and religion of the Constitution of the Republic of South Africa, 1996.

  6. 宪法视阈下同性恋现象的正本清源%Analysis of homosexuality from the perspective of Constitutional Law

    Institute of Scientific and Technical Information of China (English)

    刘旭东

    2015-01-01

    With the development of economy and social civilization,the society should gradually take the rights of homosexuals seriously.As the basic law to protect the rights of citizens,the Constitutional Law provides the most important and basic protection for the homosexuals.This is mainly reflected in two aspects:the protection of freedom and equality.The right of freedom means that the society cannot accuse homosexuals for their sexual orien-tation and the right of equality means homosexuals has the right to get married.The purpose of freedom and equality is to protect the human dignity,for homosexuals are not exceptions.%随着经济的发展以及社会文明程度的逐步加深,同性恋者的权利逐渐成为一个社会所必须认真对待的问题。而宪法作为保障公民权利的根本法,为同性恋者提供了最基本也是最重要的法律保护。宪法对同性恋者的权利保护主要体现在对其自由权和平等权的保护两个方面。自由权保障同性恋者不会因其同性性行为及其他社会行为而受到侵害,而平等权则赋予了同性婚姻以正当性的理由。自由与平等,归根到底体现的是宪法的核心价值———人的尊严,而维护同性恋者的权利,就是要维护他们作为一个人而应享有的尊严。

  7. Environmental law as a governmental aim and a boundary to constitutional rights. Steps towards the overdue ecologization of the legal system. Umweltrecht als Staatsziel und Grundrechtsschranke. Schritte zur ueberfaelligen Oekologisierung der Rechtsordnung

    Energy Technology Data Exchange (ETDEWEB)

    Kroening, V.

    1990-09-01

    The author was last in quest of new approaches to the discussion on environmental law as a governmental aim at the congress 'Economy and Nature' in Tutzing from 18 to 21 February 1990 and in a special issue of the journal 'Political Ecology' with the title 'Prudent management - the future of the economy'. The paper complements these essays. It works from the necessity of creating a new basis of legal order on the grounds that there is no such basis which pays due respect to the present state of the environment. That is the starting point for considerations on an ecologization of the legal system and its embodiment in the constitution. The author puts up constitutional formulations for discussion and points out guiding examples in constitutional law. This constitutional embodiment could be put into effect together with the amendment of the Basic Law after the accession of the German Democratic Republic to the Federal Republic. (orig./RST).

  8. 宪法“人格尊严”条款的规范地位之辨%Debates on the Normative Status of the"Personal Dignity" Clause under Constitutional Laws

    Institute of Scientific and Technical Information of China (English)

    郑贤君

    2012-01-01

    规范地位是指某一条款在基本权利内部乃至宪法规范体系中的效力,取决于该条款在特定宪法秩序中的法律属性。尊严条款因其法理基础、宪法文本表述及宪法解释实践的差异在各国宪法上享有不同的地位,归纳起来可分为宪法原则、基础价值、规定功能的宪法概念。我国宪法第38条人格尊严的哲学基础不同于其他国家的人是目的、人格发展、交往理论,而是着重于个人的名誉与荣誉保护;宪法文本表述并非人的尊严、人性尊严,而是人格尊严,且该条既未规定在总纲中,亦未置于"公民的基本权利和义务"一章之首,即使与"国家尊重与保护人权"一款结合起来阅读,亦无法取得与其它国家宪法上的规范地位。人格尊严在我国宪法上属于独立条款,也是公民的一项基本权利,具有具体的法律内容,在宪法解释过程中可作为规范与特定宪法事实相涵摄,证明公民的人格尊严受到了侵犯。%The normative status refers to the effect of a clause in the internal part of basic rights and even in the constitutional normative system,which depends on its legal nature in the certain constitutional order.Dignity clause has different statuses in different countries' constitutional laws due to the differences in its basis of legal theory,text expression of constitutional law and the interpretation practice of constitutional law.To summarize,the statuses can be divided into constitutional principle,basic value and constitutional concept defining functions.The philosophic basis of the article 38 concerning personal dignity under the Chinese Constitution,different from human is objective,the development of personality,communication theory in other countries,attaches great importance on protection of personal reputation and honor;its written expression in constitutional law is personal dignity instead of human's dignity or humanity dignity and it is not

  9. 论安全法律部门的独立性、交叉性和分支构成%Study on the Independence and Branch Constitution of Safety Law Department

    Institute of Scientific and Technical Information of China (English)

    詹瑜璞; 朱燕

    2011-01-01

    To make people realize the important position of safety law department in Chinas legal system and its constitution, thus, to set up such a faith that safety law department is an independent department, the paper discusses the independence and cross of the existence of safety law department based on method of sociology, method of law and comparative method, and explains the constitution of safety law department from five different perspectives. The independence is that its regulation targets are the relationships of property and personal safety independent of other department laws; its main branches are project construction safety law, civil safety law, administrative safety law, safety criminal responsibility law, procedural safety law, commercial safety law, environmental safety law, resource safety law and military safety law, etc. Therefore, the legal community must upgrade the safety law department to a level as high as environment and resources protection law department as well as labor and social security law department; The legislative branch must establish safety legal system on the basis of each branch law so as to overcome the long existing flaw of disorder, intricacy and overlap in safety law understanding.%为了使人们认识到安全法律部门在我国法律体系中的重要地位,安全法律部门是由哪些内容构成的,从而树立安全法律部门是独立的部门这样一种信念.以法学方法、社会学方法、比较方法等论述我国安全法律部门存在的独立性和交叉性,并从5个不同的角度论述安全法律部门的分支构成.其独立性在于其调整对象是独立于其他各部门法的财产、人身安全关系;其分支划分主要是安全工程建设法、安全民法、安全行政法、安全刑事责任法、安全诉讼法、安全商法、环境安全法、资源安全法、军事安全法等.因此,法学界要把安全法律部门提高到与环境资源法部门、劳动社会保障法

  10. Law of gas: conflict with the constitution, incentives for investments and tributaries aspects; Lei do gas: contradicoes com a Constituicao, incentivos aos investimentos e aspectos legais

    Energy Technology Data Exchange (ETDEWEB)

    Perdiz, Lauro Daniel B. [Mitsui Gas, Rio de Janeiro, RJ (Brazil); Sousa, Eduardo F. de [Bahiagas, Salvador, BA (Brazil); Flor, Ricardo A.M. [COELBA, Salvador, BA (Brazil)

    2008-07-01

    Based on the high increase of the participation of natural gas into the sources of energy in Brazil, and considering, on the other hand, the essential role of this energy source to guarantee energy supply in the coming years, the discussions involving the Proposed Law of Gas, which is under consideration by the National Congress, has gained a lot of importance. The Natural Gas Market in Brazil doesn't have yet a specific Law to solve the legal conflicts involving all those who participate on the this productive chain. The Law that regulates this market is the Federal Law n. 9.478/97 - the Petroleum Law. The greatest challenge of the Proposed Law of Gas is to find a frontier defining where the activities of transportation and distribution of gas Begin and finish. This work Will discuss the main legal aspects involving the proposed law. The possible situations of unconstitutionality of the proposed Law will also be discussed. In the same way, the aspects connected to attraction of investments and taxes will be commented. The objective is to demonstrate the positive and the negative aspects involving the proposed law. The methodology to be used will be the research of documents. (author)

  11. Gas Law: contradictions with the Constitution, investment incentives and taxes aspects; Lei do gas: contradicoes com a Constituicao, incentivos aos investimentos e aspectos tributarios

    Energy Technology Data Exchange (ETDEWEB)

    Perdiz, Lauro Daniel Beisl; Sousa, Eduardo F. de; Chaves, Cleuber Sobreira da Silva; Flor, Ricardo Antonio Maciel [Universidade Salvador, BA (Brazil). Curso de Mestrado em Regulacao da Industria de Energia

    2008-07-01

    Based on the high increase of the participation of natural gas into the sources of energy in Brazil, and considering, on the other hand, the essential role of this energy source to guarantee energy supply in the coming years, the discussions involving the proposed Law of Gas, which is under consideration by the National Congress, has gained a lot of importance. The natural gas market in Brazil doesn't have yet a specific law to solve the legal conflicts involving all those who participate on the this productive chain. The law that regulates this market is the Federal Law n. 9.478/97 - the Petroleum Law. The greatest challenge of the proposed Law of Gas is to find a frontier defining where the activities of transportation and distribution of gas Begin and finish. This work will discuss the main legal aspects involving the proposed law. The possible situations of inconstitutionality of the proposed law will also be discussed. In the same way, the aspects connected to attraction of investments and taxes will be commented. The objective is to demonstrate the positive and the negative aspects involving the proposed law. The methodology to be used will be the research of documents. (author)

  12. From Blackstone's Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children

    Science.gov (United States)

    Sedler, Robert A.

    2007-01-01

    Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

  13. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  14. Localization of deformation and loss of macroscopic ellipticity in microstructured solids

    Science.gov (United States)

    Santisi d'Avila, M. P.; Triantafyllidis, N.; Wen, G.

    2016-12-01

    Localization of deformation, a precursor to failure in solids, is a crucial and hence widely studied problem in solid mechanics. The continuum modeling approach of this phenomenon studies conditions on the constitutive laws leading to the loss of ellipticity in the governing equations, a property that allows for discontinuous equilibrium solutions. Micro-mechanics models and nonlinear homogenization theories help us understand the origins of this behavior and it is thought that a loss of macroscopic (homogenized) ellipticity results in localized deformation patterns. Although this is the case in many engineering applications, it raises an interesting question: is there always a localized deformation pattern appearing in solids losing macroscopic ellipticity when loaded past their critical state? In the interest of relative simplicity and analytical tractability, the present work answers this question in the restrictive framework of a layered, nonlinear (hyperelastic) solid in plane strain and more specifically under axial compression along the lamination direction. The key to the answer is found in the homogenized post-bifurcated solution of the problem, which for certain materials is supercritical (increasing force and displacement), leading to post-bifurcated equilibrium paths in these composites that show no localization of deformation for macroscopic strain well above the one corresponding to loss of ellipticity.

  15. Covariant Macroscopic Quantum Geometry

    CERN Document Server

    Hogan, Craig J

    2012-01-01

    A covariant noncommutative algebra of position operators is presented, and interpreted as the macroscopic limit of a geometry that describes a collective quantum behavior of the positions of massive bodies in a flat emergent space-time. The commutator defines a quantum-geometrical relationship between world lines that depends on their separation and relative velocity, but on no other property of the bodies, and leads to a transverse uncertainty of the geometrical wave function that increases with separation. The number of geometrical degrees of freedom in a space-time volume scales holographically, as the surface area in Planck units. Ongoing branching of the wave function causes fluctuations in transverse position, shared coherently among bodies with similar trajectories. The theory can be tested using appropriately configured Michelson interferometers.

  16. The macroscopic pancake bounce

    Science.gov (United States)

    Andersen Bro, Jonas; Sternberg Brogaard Jensen, Kasper; Nygaard Larsen, Alex; Yeomans, Julia M.; Hecksher, Tina

    2017-01-01

    We demonstrate that the so-called pancake bounce of millimetric water droplets on surfaces patterned with hydrophobic posts (Liu et al 2014 Nat. Phys. 10 515) can be reproduced on larger scales. In our experiment, a bed of nails plays the role of the structured surface and a water balloon models the water droplet. The macroscopic version largely reproduces the features of the microscopic experiment, including the Weber number dependence and the reduced contact time for pancake bouncing. The scalability of the experiment confirms the mechanisms of pancake bouncing, and allows us to measure the force exerted on the surface during the bounce. The experiment is simple and inexpensive and is an example where front-line research is accessible to student projects.

  17. A Clariifcation of the“Deprivation of Political Rights”in the Criminal Law from the Perspective of the Constitution%宪法视野下刑法“剥夺政治权利”之明晰

    Institute of Scientific and Technical Information of China (English)

    谢樑

    2015-01-01

    由于对刑法的政治权利与宪法的政治权利的关系认识不清,引起对政治权利的内涵、概念、范围、适用等方面的深入讨论。宪法的政治权利应当仅是选举权与被选举权,认识此问题的关键是要立足宪法文本,厘清政治权利和与政治有关的权利的关系,而不能受下位法规范的影响。刑法剥夺政治权利条款(剥夺言论、出版、集会、结社、游行、示威自由的规定)与宪法规定的政治权利有所违背,立法应予完善。%In-depth discussions are made surrounding the connotations, notions, scopes and applications of political rights due to the unclear understanding of the political rights in the criminal law and the ones in the constitution. The political rights in the constitution should be the rights of voting and being voted, and the key to understand this point is to study the text of the constitution and to clarify the relationship between political rights and politically-related rights, while barring the influences of the lower-level laws. In the criminal law, clauses concerning the political rights (such as depriving the freedoms of speech, press, assembly, association, parade and protest) contradict to the stipulation in the constitution, which should be improved via legislation.

  18. Canonical quantization of macroscopic electromagnetism

    Energy Technology Data Exchange (ETDEWEB)

    Philbin, T G, E-mail: tgp3@st-andrews.ac.u [School of Physics and Astronomy, University of St Andrews, North Haugh, St Andrews, Fife KY16 9SS (United Kingdom)

    2010-12-15

    Application of the standard canonical quantization rules of quantum field theory to macroscopic electromagnetism has encountered obstacles due to material dispersion and absorption. This has led to a phenomenological approach to macroscopic quantum electrodynamics where no canonical formulation is attempted. In this paper macroscopic electromagnetism is canonically quantized. The results apply to any linear, inhomogeneous, magnetodielectric medium with dielectric functions that obey the Kramers-Kronig relations. The prescriptions of the phenomenological approach are derived from the canonical theory.

  19. Canonical quantization of macroscopic electromagnetism

    CERN Document Server

    Philbin, T G

    2010-01-01

    Application of the standard canonical quantization rules of quantum field theory to macroscopic electromagnetism has encountered obstacles due to material dispersion and absorption. This has led to a phenomenological approach to macroscopic quantum electrodynamics where no canonical formulation is attempted. In this paper macroscopic electromagnetism is canonically quantized. The results apply to any linear, inhomogeneous, magnetoelectric medium with dielectric functions that obey the Kramers-Kronig relations. The prescriptions of the phenomenological approach are derived from the canonical theory.

  20. Constitutive Models

    DEFF Research Database (Denmark)

    2011-01-01

    This chapter presents various types of constitutive models and their applications. There are 3 aspects dealt with in this chapter, namely: creation and solution of property models, the application of parameter estimation and finally application examples of constitutive models. A systematic...

  1. Theoretical Issues of the Constitutional Regulation Mechanism

    Science.gov (United States)

    Zhussupova, Guldaray B.; Zhailyaubayev, Rassul T.; Ukin, Symbat K.; Shunayeva, Sylu M.; Nurmagambetov, Rachit G.

    2016-01-01

    The purpose of this research is to define the concept of "constitutional regulation mechanism." The definition of the concept of "constitutional regulation mechanism" will give jurists and legislators a theoretical framework for developing legal sciences, such as the constitutional law and the theory of state and law. The…

  2. LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

    Directory of Open Access Journals (Sweden)

    Marilang Marilang

    2016-12-01

    Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

  3. Constitution, 29 October 1987.

    Science.gov (United States)

    1987-01-01

    This document contains provisions of chapter 2 (Rights and Duties of Citizens) of the 1987 Constitution of the Republic of Korea relating to equality of the sexes, freedom of movement, free and compulsory education, equal opportunity at work, social protection, housing, and health care. The Constitution states that all citizens are equal before the law with no discrimination in political, economic, social, or cultural life based on sex, religion, or social status. The Constitution also protects freedom of residence and mobility, the right to an equal education, free compulsory education, and working mothers (with specific protection against discrimination). The Constitution directs the state to promote the welfare and rights of women, enhance the welfare of the aged and the young, and protect those incapable of earning a living. Housing development policies will be used to ensure comfortable housing for all citizens. State protection is afforded to mothers and to the health of all citizens.

  4. Developmental Constitutionalism

    OpenAIRE

    Skupien, Stefan

    2015-01-01

    The search for adequate political and socio-economic models continues within recent constitutional reforms in Sub-Saharan post-colonial societies since 2005. This discourse goes back to the period of decolonisation but also to the transitions after 1989. Within this study, I assess the problem of representational crisis that come hand in hand with constitution making processes. Especially, I focus on the representation of different groups within the state, the safeguarding and extent of basic...

  5. Introduction of ecologically based heavy vehicle charges for road haulage. Assessment from the angle of German constitutional law and EU law: models, constraints, design options. Study of the report 200 96 130 UBA-FB-000217; Umweltorientierte Schwerverkehrsabgaben aus der Sicht des Verfassungs- und Europarechts: Modelle, Restriktionen, Gestaltungsoptionen. Studie zum Forschungsbericht 200 96 130 UBA-FB-000217

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S.

    2001-10-01

    The document contains a study commissioned by the German Federal Environment Office, (UBA), investigating the legal basis as well as constraints of new, ecologically based legislation envisaged by the German Federal Government for the transport sector. To put it in a nutshell: introduction of a kilometer-based road user charge for heavy goods vehicles, toll levels to be varied by vehicle weight and emission standards. Compliance with German constitutional law and the relevant law of the European Union is examined, and foreseeable non-compliance issues and conflicts in law are shown. Approaches will be outlined for solving legal obstacles by amending the German constitutional law and/or EU law and harmonizing the two legal systems. (orig./CB) [German] Aufgabe der Untersuchung ist es, im Einzelnen zu analysieren, welche Moeglichkeiten das uebergeordnete Verfasssungs- und Europarecht bereit haelt, um eine fuer das Territorium der Bundesrepublik geltende Schwerverkehrsabgabe zu erheben und diese moeglichst so auszugestalten, dass ein Maximum an umweltpolitisch motivierten Lenkungswirkungen und ein Minimum an umweltpolitisch bedenklichen Fehlsteuerungen erreicht werden kann. Soweit sich auf den beiden Ebenen des Verfassungs- und Euoparechts aus umweltpolitischer Sicht problematiche Restriktionen ergeben, werden Moeglichkeiten zur Aenderung des uebergeordneten Rechts erwogen. (orig./CB)

  6. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

    This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property r...

  7. The conflict over an ''economically reasonable remuneration'' of network installations pursuant to paragraph 46 II 2 of the Energy Economy Law. Limits to predeterminations under constitutional law.; Der Streit um die 'wirtschaftlich angemessene Verguetung' fuer Netzanlagen nach paragraph 46 II 2 EnWG. Grenzen der verfassungsrechtlichen Vorsteuerung

    Energy Technology Data Exchange (ETDEWEB)

    Kuehling, Juergen [Regensburg Univ. (Germany). Lehrstuhl fuer Oeffentliches Recht, Immobilienrecht, Infrastrukturrecht und Informationsrecht

    2012-11-14

    Whereas the controversy over the question whether new licence holders are entitled to acquire ownership of network installations from the former licence holder has now been definitively resolved in the affirmative through the 2011 amendment of the Energy Economy Law, the details of how a reasonable remuneration for such change of ownership should be determined remains controversial in both literature and case law. The judicature favours using the capitalized earning power as a basis of determination. Court decisions to this effect have met with approval in the literature but in some cases also with criticism on constitutional grounds. The following article inquires into the legitimacy of such criticism.

  8. Costituzione, diritto penale e politica criminale in Brasile tra convergenze e paradossi/Constitution, loi pénale et politiques en Brésil entre convergences et paradoxes/Constitution, criminal law and policies in Brazil between convergences and paradoxes

    Directory of Open Access Journals (Sweden)

    André Luis Callegari

    2013-12-01

    Full Text Available Questo articolo cerca di analizzare come la politica criminale brasiliana abbia assunto una posizione che legittima quelle teorie note come il “diritto penale del nemico” e quei movimenti come il “Law and Order”. Cercheremo di delineare i principi costituzionali che in Brasile hanno dato origine ad un’idea di politica criminale che dovrebbe invece condurre a politiche criminali garantiste in un senso più ampio. Nonostante la previsione costituzionale di diversi diritti del cittadino nell’ambito del diritto penale e processuale penale, si vedrà come le attuali politiche criminali si sono allontanate dagli ideali previsti dalla Costituzione. Alla fine, svilupperemo anche dei ragionamenti sulle possibili origini politiche di questo attuale modello di politica criminale brasiliano. Cet article s’attache à analyser comment les politiques pénales brésiliennes ont adopté une position qui légitime ces théories connues sous le nom de « la loi criminelle de l’ennemi » et ces mouvements appelés « de l’ordre et de la loi » (Law and Order. Les auteurs essayent de délinéer les principes constitutionnels brésiliens à la base des politiques criminelles qui devraient protéger les libertés civiles. Malgré des dispositions constitutionnelles garantissant les droits des citoyens dans le domaine du droit pénal et de la procédure pénale, les auteurs verront que les politiques criminelles actuelles sont en train de s’écarter des idéaux inscrits dans la Constitution. Enfin, les auteurs puiseront certains arguments à propos d’une origine politique possible de ce modèle actuel de politique criminelle au Brésil. This article seeks to analyse how the Brazilian criminal policy has assumed a position that legitimates those theories known as the “Enemy Criminal Law” and movements known as the “Law and Order”. We will try to delineate the constitutional principles in Brazil which originated the idea of criminal policy

  9. Macroscopic Quantum Resonators (MAQRO): 2015 update

    Energy Technology Data Exchange (ETDEWEB)

    Kaltenbaek, Rainer [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Aspelmeyer, Markus; Kiesel, Nikolai [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Barker, Peter F.; Bose, Sougato [University College London, Department of Physics and Astronomy, London (United Kingdom); Bassi, Angelo [University of Trieste, Department of Physics, Trieste (Italy); INFN - Trieste Section, Trieste (Italy); Bateman, James [University of Swansea, Department of Physics, College of Science, Swansea (United Kingdom); Bongs, Kai; Cruise, Adrian Michael [University of Birmingham, School of Physics and Astronomy, Birmingham (United Kingdom); Braxmaier, Claus [University of Bremen, Center of Applied Space Technology and Micro Gravity (ZARM), Bremen (Germany); Institute of Space Systems, German Aerospace Center (DLR), Bremen (Germany); Brukner, Caslav [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Austrian Academy of Sciences, Institute of Quantum Optics and Quantum Information (IQOQI), Vienna (Austria); Christophe, Bruno; Rodrigues, Manuel [The French Aerospace Lab, ONERA, Chatillon (France); Chwalla, Michael; Johann, Ulrich [Airbus Defence and Space GmbH, Immenstaad (Germany); Cohadon, Pierre-Francois; Heidmann, Antoine; Lambrecht, Astrid; Reynaud, Serge [ENS-PSL Research University, Laboratoire Kastler Brossel, UPMC-Sorbonne Universites, CNRS, College de France, Paris (France); Curceanu, Catalina [Laboratori Nazionali di Frascati dell' INFN, Frascati (Italy); Dholakia, Kishan; Mazilu, Michael [University of St. Andrews, School of Physics and Astronomy, St. Andrews (United Kingdom); Diosi, Lajos [Wigner Research Center for Physics, P.O. Box 49, Budapest (Hungary); Doeringshoff, Klaus; Peters, Achim [Humboldt-Universitaet zu Berlin, Institut fuer Physik, Berlin (Germany); Ertmer, Wolfgang; Rasel, Ernst M. [Leibniz Universitaet Hannover, Institut fuer Quantenoptik, Hannover (Germany); Gieseler, Jan; Novotny, Lukas; Rondin, Loic [ETH Zuerich, Photonics Laboratory, Zuerich (Switzerland); Guerlebeck, Norman; Herrmann, Sven; Laemmerzahl, Claus [University of Bremen, Center of Applied Space Technology and Micro Gravity (ZARM), Bremen (Germany); Hechenblaikner, Gerald [Airbus Defence and Space GmbH, Immenstaad (Germany); European Southern Observatory (ESO), Garching bei Muenchen (Germany); Hossenfelder, Sabine [KTH Royal Institute of Technology and Stockholm University, Nordita, Stockholm (Sweden); Kim, Myungshik [Imperial College London, QOLS, Blackett Laboratory, London (United Kingdom); Milburn, Gerard J. [University of Queensland, ARC Centre for Engineered Quantum Systems, Brisbane (Australia); Mueller, Holger [University of California, Department of Physics, Berkeley, CA (United States); Paternostro, Mauro [Queen' s University, Centre for Theoretical Atomic, Molecular and Optical Physics, School of Mathematics and Physics, Belfast (United Kingdom); Pikovski, Igor [Harvard-Smithsonian Center for Astrophysics, ITAMP, Cambridge, MA (United States); Pilan Zanoni, Andre [Airbus Defence and Space GmbH, Immenstaad (Germany); CERN - European Organization for Nuclear Research, EN-STI-TCD, Geneva (Switzerland); Riedel, Charles Jess [Perimeter Institute for Theoretical Physics, Waterloo, ON (Canada); Roura, Albert [Universitaet Ulm, Institut fuer Quantenphysik, Ulm (Germany); Schleich, Wolfgang P. [Universitaet Ulm, Institut fuer Quantenphysik, Ulm (Germany); Texas A and M University Institute for Advanced Study (TIAS), Institute for Quantum Science and Engineering (IQSE), and Department of Physics and Astronomy, College Station, TX (United States); Schmiedmayer, Joerg [Vienna University of Technology, Vienna Center for Quantum Science and Technology, Institute of Atomic and Subatomic Physics, Vienna (Austria); Schuldt, Thilo [Institute of Space Systems, German Aerospace Center (DLR), Bremen (Germany); Schwab, Keith C. [California Institute of Technology, Applied Physics, Pasadena, CA (United States)

    2016-12-15

    Do the laws of quantum physics still hold for macroscopic objects - this is at the heart of Schroedinger's cat paradox - or do gravitation or yet unknown effects set a limit for massive particles? What is the fundamental relation between quantum physics and gravity? Ground-based experiments addressing these questions may soon face limitations due to limited free-fall times and the quality of vacuum and microgravity. The proposed mission Macroscopic Quantum Resonators (MAQRO) may overcome these limitations and allow addressing such fundamental questions. MAQRO harnesses recent developments in quantum optomechanics, high-mass matter-wave interferometry as well as state-of-the-art space technology to push macroscopic quantum experiments towards their ultimate performance limits and to open new horizons for applying quantum technology in space. The main scientific goal is to probe the vastly unexplored 'quantum-classical' transition for increasingly massive objects, testing the predictions of quantum theory for objects in a size and mass regime unachievable in ground-based experiments. The hardware will largely be based on available space technology. Here, we present the MAQRO proposal submitted in response to the 4th Cosmic Vision call for a medium-sized mission (M4) in 2014 of the European Space Agency (ESA) with a possible launch in 2025, and we review the progress with respect to the original MAQRO proposal for the 3rd Cosmic Vision call for a medium-sized mission (M3) in 2010. In particular, the updated proposal overcomes several critical issues of the original proposal by relying on established experimental techniques from high-mass matter-wave interferometry and by introducing novel ideas for particle loading and manipulation. Moreover, the mission design was improved to better fulfill the stringent environmental requirements for macroscopic quantum experiments. (orig.)

  10. 29 CFR 452.18 - Constitutional officers.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Constitutional officers. 452.18 Section 452.18 Labor... DISCLOSURE ACT OF 1959 Coverage of Election Provisions § 452.18 Constitutional officers. A constitutional... identified as such or provided for in the constitution or other organic law of the labor organization. 17...

  11. Quantum equilibria for macroscopic systems

    Energy Technology Data Exchange (ETDEWEB)

    Grib, A [Department of Theoretical Physics and Astronomy, Russian State Pedagogical University, St. Petersburg (Russian Federation); Khrennikov, A [Centre for Mathematical Modelling in Physics and Cognitive Sciences Vaexjoe University (Sweden); Parfionov, G [Department of Mathematics, St. Petersburg State University of Economics and Finances (Russian Federation); Starkov, K [Department of Mathematics, St. Petersburg State University of Economics and Finances (Russian Federation)

    2006-06-30

    Nash equilibria are found for some quantum games with particles with spin-1/2 for which two spin projections on different directions in space are measured. Examples of macroscopic games with the same equilibria are given. Mixed strategies for participants of these games are calculated using probability amplitudes according to the rules of quantum mechanics in spite of the macroscopic nature of the game and absence of Planck's constant. A possible role of quantum logical lattices for the existence of macroscopic quantum equilibria is discussed. Some examples for spin-1 cases are also considered.

  12. A Study of the Behavior and Micromechanical Modelling of Granular Soil. Volume 1. A Constitutive Relation for Granular Materials Based on the Contact Law Between Two Spheres

    Science.gov (United States)

    1991-05-22

    hypoelasticity , plasticity, and viscoplasticity. Despite the large number of models there has been no consensus within the research community on the best...AD-A238 091 FosR-- C)1 0 19 IIIIII1IIII111 11111111l A STUDY OF THE BEHAVIOR AND MICROMECHANICAL MODELLING OF GRANULAR SOIL VOLUME I A CONSTITUTIVE...COVERED IMay 22, 1991 Final 1/6/ 89-5/15/91 4 TITLE AND SUBTITILI S. FUNDING NUMIEgRS A Study of the Behavior and Micromechanical Modelling of Grant

  13. Scaling macroscopic aquatic locomotion

    Science.gov (United States)

    Gazzola, Mattia; Argentina, Mederic; Mahadevan, Lakshminarayanan

    2014-11-01

    Inertial aquatic swimmers that use undulatory gaits range in length L from a few millimeters to 30 meters, across a wide array of biological taxa. Using elementary hydrodynamic arguments, we uncover a unifying mechanistic principle characterizing their locomotion by deriving a scaling relation that links swimming speed U to body kinematics (tail beat amplitude A and frequency ω) and fluid properties (kinematic viscosity ν). This principle can be simply couched as the power law Re ~ Swα , where Re = UL / ν >> 1 and Sw = ωAL / ν , with α = 4 / 3 for laminar flows, and α = 1 for turbulent flows. Existing data from over 1000 measurements on fish, amphibians, larvae, reptiles, mammals and birds, as well as direct numerical simulations are consistent with our scaling. We interpret our results as the consequence of the convergence of aquatic gaits to the performance limits imposed by hydrodynamics.

  14. Mesoscopic kinetic basis of macroscopic chemical thermodynamics: A mathematical theory.

    Science.gov (United States)

    Ge, Hao; Qian, Hong

    2016-11-01

    Gibbs' macroscopic chemical thermodynamics is one of the most important theories in chemistry. Generalizing it to mesoscaled nonequilibrium systems is essential to biophysics. The nonequilibrium stochastic thermodynamics of chemical reaction kinetics suggested a free energy balance equation dF^{(meso)}/dt=E_{in}-e_{p} in which the free energy input rate E_{in} and dissipation rate e_{p} are both non-negative, and E_{in}≤e_{p}. We prove that in the macroscopic limit by merely allowing the molecular numbers to be infinite, the generalized mesoscopic free energy F^{(meso)} converges to φ^{ss}, the large deviation rate function for the stationary distributions. This generalized macroscopic free energy φ^{ss} now satisfies a balance equation dφ^{ss}(x)/dt=cmf(x)-σ(x), in which x represents chemical concentration. The chemical motive force cmf(x) and entropy production rate σ(x) are both non-negative, and cmf(x)≤σ(x). The balance equation is valid generally in isothermal driven systems and is different from mechanical energy conservation and the first law; it is actually an unknown form of the second law. Consequences of the emergent thermodynamic quantities and equalities are further discussed. The emergent "law" is independent of underlying kinetic details. Our theory provides an example showing how a macroscopic law emerges from a level below.

  15. Mesoscopic kinetic basis of macroscopic chemical thermodynamics: A mathematical theory

    Science.gov (United States)

    Ge, Hao; Qian, Hong

    2016-11-01

    Gibbs' macroscopic chemical thermodynamics is one of the most important theories in chemistry. Generalizing it to mesoscaled nonequilibrium systems is essential to biophysics. The nonequilibrium stochastic thermodynamics of chemical reaction kinetics suggested a free energy balance equation d F(meso)/d t =Ein-ep in which the free energy input rate Ein and dissipation rate ep are both non-negative, and Ein≤ep . We prove that in the macroscopic limit by merely allowing the molecular numbers to be infinite, the generalized mesoscopic free energy F(meso) converges to φss, the large deviation rate function for the stationary distributions. This generalized macroscopic free energy φss now satisfies a balance equation d φss(x ) /d t =cmf(x ) -σ (x ) , in which x represents chemical concentration. The chemical motive force cmf(x ) and entropy production rate σ (x ) are both non-negative, and cmf(x )≤σ (x ) . The balance equation is valid generally in isothermal driven systems and is different from mechanical energy conservation and the first law; it is actually an unknown form of the second law. Consequences of the emergent thermodynamic quantities and equalities are further discussed. The emergent "law" is independent of underlying kinetic details. Our theory provides an example showing how a macroscopic law emerges from a level below.

  16. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  17. 浅析刑法修正案(八)中盗窃罪的构成要件%On Constitutive Elements of Larceny in the 8~(th) Amendment to the Criminal Law

    Institute of Scientific and Technical Information of China (English)

    金昌俊

    2012-01-01

    Aiming at specifying and rationalizing the constitutive conditions of larceny,a significant amendment over the constitutive elements of larceny in terms of the objective aspects has been made in The 8th Amendment to the Criminal Law in Feb.2011.As the Amendment contravenes the legal interpretations of larceny prescribed by the Supreme People's Court in Mar.1998,legal definitions for the new provisions of the criminal law should be enacted as soon as possible.%2011年2月公布的刑法修正案(八)对于盗窃罪客观方面的构成要件做出了较大的修改,使盗窃罪的成立条件相对趋于具体化与合理化。最高人民法院于1998年3月发布的盗窃罪相关司法解释与之相冲突,应当尽快制定出符合刑法新规定的相关司法解释。

  18. Constitutional Conservatism

    Science.gov (United States)

    Berkowitz, Peter

    2009-01-01

    After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

  19. The Spanish Constitution, the Constitutional Court and the Catalan Referendum

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

    This chapter deals with a core topic in constitutional law, that of the conflict between constitutions and will of the demos. Aristotle in Book IV of the Politics had already anticipated the possible conflict between these two forms of Politeia (constitutions), when defining the types of democracy....... He also distinguished the role that the Nomophylakes (guardians of the laws) should play in this sort of anticipated conflict after what Madison v. Marbury called had globally referred to it around the world as “judicial review”. But the concept of a constitution as a form of government......; and as a document that organised the offices of a state changed through the history. The Magna Carta, the French and American revolutionaries provided gave the concept a new meaning to the concept. After these historical episodes, constitutions were not simply political or legal norms to knowshowing how to play...

  20. EL DERECHO A LA EDUCACIÓN Y SUS REGULACIONES BÁSICAS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS THE RIGHT TO EDUCATION AND REGULATIONS BASIC IN THE CHILEAN CONSTITUTIONAL LAW AND THE INTERNATIONAL HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Humberto Nogueira Alcalá

    2008-01-01

    Full Text Available A través del presente artículo se delimita el derecho a la educación determinando los atributos básicos que constituyen el derecho y sus fronteras, teniendo en consideración el derecho constitucional y el derecho internacional de los derechos humanos, es especial el Pacto Internacional de Derechos Económicos, Sociales y Culturales de Naciones Unidas, como asimismo, se consideran las líneas básicas jurisprudenciales en la materia.Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural Rights, as also are considered the basic lines of jurisprudence in this area.

  1. Constitutive Models

    DEFF Research Database (Denmark)

    2011-01-01

    procedure is introduced for the analysis and solution of property models. Models that capture and represent the temperature dependent behaviour of physical properties are introduced, as well as equation of state models (EOS) such as the SRK EOS. Modelling of liquid phase activity coefficients are also......This chapter presents various types of constitutive models and their applications. There are 3 aspects dealt with in this chapter, namely: creation and solution of property models, the application of parameter estimation and finally application examples of constitutive models. A systematic...... covered, illustrating several models such as the Wilson equation and NRTL equation, along with their solution strategies. A section shows how to use experimental data to regress the property model parameters using a least squares approach. A full model analysis is applied in each example that discusses...

  2. Statistical thermodynamics understanding the properties of macroscopic systems

    CERN Document Server

    Fai, Lukong Cornelius

    2012-01-01

    Basic Principles of Statistical PhysicsMicroscopic and Macroscopic Description of StatesBasic PostulatesGibbs Ergodic AssumptionGibbsian EnsemblesExperimental Basis of Statistical MechanicsDefinition of Expectation ValuesErgodic Principle and Expectation ValuesProperties of Distribution FunctionRelative Fluctuation of an Additive Macroscopic ParameterLiouville TheoremGibbs Microcanonical EnsembleMicrocanonical Distribution in Quantum MechanicsDensity MatrixDensity Matrix in Energy RepresentationEntropyThermodynamic FunctionsTemperatureAdiabatic ProcessesPressureThermodynamic IdentityLaws of Th

  3. Macroscopic-microscopic mass models

    CERN Document Server

    Nix, J R; Nix, J Rayford; Moller, Peter

    1995-01-01

    We discuss recent developments in macroscopic-microscopic mass models, including the 1992 finite-range droplet model, the 1992 extended-Thomas-Fermi Strutinsky-integral model, and the 1994 Thomas-Fermi model, with particular emphasis on how well they extrapolate to new regions of nuclei. We also address what recent developments in macroscopic-microscopic mass models are teaching us about such physically relevant issues as the nuclear curvature energy, a new congruence energy arising from a greater-than-average overlap of neutron and proton wave functions, the nuclear incompressibility coefficient, and the Coulomb redistribution energy arising from a central density depression. We conclude with a brief discussion of the recently discovered rock of metastable superheavy nuclei near 272:110 that had been correctly predicted by macroscopic-microscopic models, along with a possible new tack for reaching an island near 290:110 beyond our present horizon.

  4. The Same Constitution, the Different Politics:A Comment on The Constitution as the Basic and Higher Law%一样的宪法,不一样的政治--《论宪法作为国家的根本法与高级法》之分析

    Institute of Scientific and Technical Information of China (English)

    翟小波

    2014-01-01

    对陈端洪的《论宪法作为国家的根本法与高级法》一文的分析和解释。在陈文中,宝贵的实证主义立场与令人费解的神秘化倾向相互交织,引发了学界不少的批评或误解。首先批评了该文的神秘化倾向,尤其是“‘中国共产党领导下的中国人民’作为制宪权的主体”“立宪时刻是神圣时刻”和“民主与专政也辩证地统一于‘中国共产党领导下的中国人民’”之类的模糊费解的表述,然后努力穿透该文的一些貌似不一致的表述,以理解其政治宪法主义。陈文的贡献是解释宪法生动的政治内涵,探明宪法不能司法化的实质原因,指出中国宪治道路的特色。陈端洪强调“政治本身就是宪法”,但这不表明他认为一切政治行为都是合宪的,它只表明,陈端洪认为作为宪法内容的某种意志的落实和更新是政治性的。其所谓的五大根本法是对宪法现实的理论描述。这种描述服务于某种规范目的,但并不必然代表作者本人的规范立场。在陈的政治宪法主义中,“政治的”是力量的,政治宪法主义呼吁新的社会动力以推动目前的政治体制的硬球,并要求把这种新动力传输到体制内部,把它转化为内部常规要素;“政治的”是结构的,政治宪法主义要用新的政治结构来确保权力的责任。%This essay is an analysis and interpretation of The Constitution as the Basic and Higher Law by Professor Chen Duanhong. In Chen's article, positivism and mysticism intertwine with each other, which led to many criticisms and misunderstandings among constitutional lawyers. The paper puts forward criticism on the puzzling and mysterious statements in Chen's article, such as“the Chinese People under the Leadership of the Chinese Communist Party is the constituent assembly”,“Constituent moment is a sacred moment”, and “democracy and dictatorship are

  5. Constitution, 30 September 1987.

    Science.gov (United States)

    1987-01-01

    This document reprints provisions of Suriname's 1987 Constitution relating to freedom of movement, equality of the sexes, the right to life, the right to physical integrity, equal opportunity in employment, the family, children, maternity benefits, the right to health care, parental responsibilities, free and compulsory education, illiteracy, and housing. All citizens enjoy freedom of movement within the bounds of the law. All people within the territory may claim protection of their person and property, and discrimination is forbidden on the basis of birth, sex, race, language, religion, education, political beliefs, economic position, or other status. Torture or inhuman treatment and punishment is banned, and the right to life is protected by the law. The state guarantees the right to work, and all employees have the right to equal remuneration for equal work, safe working conditions, and sufficient rest and recreation. The family is protected, and husbands and wives are equal before the law. Children have the right to protection, and working women are entitled to paid maternity leave. The state promotes the right to good health by systematic improvements in living and working conditions and dissemination of health education. The right to education is protected by the provision of free general primary education and efforts of the state to enable all citizens to achieve the highest educational levels possible. The Constitution also calls for the institution of a plan to allow the state to create public housing.

  6. MACROSCOPIC STRAIN POTENTIALS IN NONLINEAR POROUS MATERIALS

    Institute of Scientific and Technical Information of China (English)

    刘熠; 黄筑平

    2003-01-01

    By taking a hollow sphere as a representative volume element (RVE), the macroscopic strain potentials of porous materials with power-law incompressible matrix are studied in this paper.According to the principles of the minimum potential energy in nonlinear elasticity and the variational procedure, static admissible stress fields and kinematic admissible displacement fields are constructed,and hence the upper and the lower bounds of the macroscopic strain potential are obtained. The bounds given in the present paper differ so slightly that they both provide perfect approximations of the exact strain potential of the studied porous materials. It is also found that the upper bound proposed by previous authors is much higher than the present one, and the lower bounds given by Cocks is much lower. Moreover, the present calculation is also compared with the variational lower bound of Ponte Castafneda for statistically isotropic porous materials. Finally, the validity of the hollow spherical RVE for the studied nonlinear porous material is discussed by the difference between the present numerical results and the Cocks bound.

  7. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

    Joerges, Christian; Sand, Inger-Johanne; Teubner, Gunther

    The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes......, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory....... of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international...

  8. The parameters of constitutional conflict after Melloni

    NARCIS (Netherlands)

    Besselink, L.F.M.

    2014-01-01

    The judgment of the Court of Justice of the EU in Melloni makes clear that primacy of EU law is not about citizens’ rights: even the core of their constitutional rights under national law has to be set aside in favour of the "primacy, unity and effectiveness" of EU law. Melloni extends the duty to s

  9. 基于能量守恒的HTPB推进剂非线性本构关系%Nonlinear Constitutive Relation of HTPB Propellant Based on the First Law of Thermodynamics

    Institute of Scientific and Technical Information of China (English)

    龚建良; 刘佩进; 李强

    2013-01-01

    The effect of particle/matrix interface debonding on mechanical behavior of HTPB propellant was studied.The three-phase model consists of particles,vacuoles and matrix were given.The constitutive of HTPB propellant was obtained by the algorithms.According to the first law of thermodynamics,the critical strain of debonding was proposed for HTPB propellant.The overall effective modulus of composite solid propellant was determined based on the Mori-Tanaka method.The constitutive relationship of HTPB propellant is proposed for the uniaxial tension.The mechanical behavior of HTPB propellant reinforced by particles characterized with a log normal size distribution was discussed.Results show that the behavior of composite solid propellant is consisted of the initial linear elastic relation and nonlinear constitutive relation with interfacial debonding.With the increase of the vacuole fraction,the dilatation increases,but the effective properties of HTPB propellant decreases.For composite solid propellant,the proposed constitutive relation is easily used in engineering as long as the value of adhesion energy is available.%为描述HTPB推进剂中增强粒子的脱湿引起本构关系非线性响应行为,建立了由粒子、空泡与基体组成的三相物理模型,给出了在单向拉伸载荷作用下确定本构关系的算法.依据热力学能量守恒定律,确定了临界脱湿应变方程.利用细观力学Mori-Tanaka方法,确定了临界应变方程需要的宏观有效模量.针对增强粒子满足对数正态分布的HTPB推进剂进行了数值模拟.结果表明,HTPB本构关系由两个阶段组成,初始的线弹性阶段与开始发生脱湿后的非线性阶段.体积膨胀应变随空泡体积分数的增大而增大,而宏观有效模量随空泡体积分数的增大而减小.针对一般复合固体推进剂,该本构关系的形式较为简单,适合应用于工程中.

  10. Micro-thermomechanical constitutive model of transformation induced plasticity and its application on armour steel

    Energy Technology Data Exchange (ETDEWEB)

    Sun, C.Y. [School of Mechanical Engineering, University of Science and Technology Beijing, Beijing 100083 (China)], E-mail: suncy@me.ustb.edu.cn; Fang, G.; Lei, L.P.; Zeng, P. [Key Laboratory of Advanced Materials Processing Technology, Ministry of Education, Department of Mechanical Engineering, Tsinghua University, Beijing 100084 (China)

    2009-01-15

    Based on the crystallographic theory of martensitic transformation and internal variable constitutive theory, a micromechanical constitutive model of martensitic transformation induced plasticity was developed. Plastic strains of product and parent phases as well as the volume fraction of each martensitic variant were considered as internal variables describing the microstructure evolution. The plasticity flow both in austenite and martensitic variants domain is described by J{sub 2} flow theory. The thermodynamic driving force acting on these internal variables was obtained through the determination of the intrinsic dissipation due to plastic flow and the growth of martensitic domains. The evolution laws of the internal variables are derived, furthermore macroscopic response due to the change of internal variables is obtained. Thermomechanical behavior of armour steel under uniaxial loading was tested which showed a good agreement with experimental results.

  11. STABILITY AND CONSTITUTIONAL REFORM NORMATIVE CONTENTS OF CONSTITUTION

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2016-05-01

    Full Text Available The modification of the fundamental law of a state represents a very special political and juridical act with major significances and implications in the political social system as in the state’s one, but also at each individual level. That’s why such an approach needs to be well justified, to answer to some juridical and political social needs well defined, but mainly to correspond to the principles and rules specific to a constitutional and state’s democratic system providing to the state the stability and functionality it needs. In this study we analyze the necessity of such a constitutional reform in Romania, and also some provisions from the report of the Presidential Commission for the analysis of the political and constitutional regime in our country. We formulate our opinions in relation to the justifying some constitutional regulations. In this context, we consider that there are arguments for the maintaining of the bicameral parliamentary system and an eventual revising of the fundamental law needs to consider the measures needed to guarantee the political and constitutional institutions specific to the lawful state.

  12. Constitutive Laws for Dynamic Modelling of Soils,

    Science.gov (United States)

    1980-01-01

    shear history progresses. This is the type of approach followed in the endochronic models used by Bazant and co-workers ( Bazant and Krizeck, 1976...h. The plastic strain increments can be derived, according to~ Hill (1950) as: d 1P~ zh 7r(-, df (4 13.4.1 Prevost’s Model 1 Jean Prevost, presently...this improved model to soils (1978). Mean- while, Bazant and his co-workers have continued using the older model for 1describing concrete ( Bazant and

  13. Constitutive laws for the neutron density current

    Energy Technology Data Exchange (ETDEWEB)

    Espinosa-Paredes, Gilberto [Area de Ingenieria en Recursos Energeticos, Universidad Autonoma Metropolitana-Iztapalapa, Av. San Rafael Atlixco 186 Col. Vicentina, Mexico, D.F., 09340 (Mexico)], E-mail: gepe@xanum.uam.mx; Morales-Sandoval, Jaime B. [Laboratorio de Analisis en Ingenieria de Reactores Nucleares, Universidad Nacional Autonoma de Mexico, Paseo Cuauhnahuac 8532, 62550 Jiutepec, Mor. (Mexico); Vazquez-Rodriguez, Rodolfo [Area de Ingenieria en Recursos Energeticos, Universidad Autonoma Metropolitana-Iztapalapa, Av. San Rafael Atlixco 186 Col. Vicentina, Mexico, D.F., 09340 (Mexico); Espinosa-Martinez, Erick-G. [Retorno Quebec 6, Col. Burgos de Cuernavaca 62580, Temixco, Mor. (Mexico)

    2008-10-15

    In this technical note, a fractional wave equation for the average neutron motion in nuclear reactor is considered. This representation covers the full spectrum of the average neutron transport behavior, i.e., Fickian and non-Fickian effects. The fractional diffusion model retains the main dynamic characteristics of the neutron motion in which the relaxation time associated with a rapid variation in the neutron flux contains a fractional exponent that can be manipulated to obtain the best representation of the neutron transport phenomena. The detrended fluctuation analysis (DFA) method is presented in this paper to estimate the fractional exponent.

  14. 在侵权责任法背景下的环境侵权构成要件反思%Constitutive Requirements to Environmental Torts under the Tort Liability Law

    Institute of Scientific and Technical Information of China (English)

    王跃先; 陈晓嵩

    2012-01-01

    通过对环境侵权方式种类以及侵害客体种类的分析,将环境侵权分为两个不同的种类,对应不同种类的环境侵权应采取不同的构成要件与归责原则加以区别对待。做到具体问题具体分析,将法律细化,以到达既保护环境侵权中受害方的利益,又不以牺牲经济的发展作为代价的长远目标。%By analyzing different patterns of environmental torts and various types of objects involved, this paper divides environmental torts into two distinct categories. In addition, in responding to these two categories, different constitutive requirements and principles of imputation should be applied respectively. By analyzing particular cases with specific law, interests of the infringed parties could be pro- tected without sacrificing the development of economy.

  15. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  16. Constitution Day: Start the School Year with Civics

    Science.gov (United States)

    Lesser, Eli J.

    2006-01-01

    The celebration and recognition of Constitution Day on September 17th is now required by federal law. The new law, known colloquially as the Byrd Amendment, requires all schools receiving any federal assistance, from kindergarten to higher education, to teach students about the Constitution on Constitution Day. The concept of a school's civic…

  17. Constitutive Modelling in Geomechanics Introduction

    CERN Document Server

    Puzrin, Alexander M

    2012-01-01

    The purpose of this book is to bridge the gap between the traditional Geomechanics and Numerical Geotechnical Modelling with applications in science and practice. Geomechanics is rarely taught within the rigorous context of Continuum Mechanics and Thermodynamics, while when it comes to Numerical Modelling, commercially available finite elements or finite differences software utilize constitutive relationships within the rigorous framework. As a result, young scientists and engineers have to learn the challenging subject of constitutive modelling from a program manual and often end up with using unrealistic models which violate the Laws of Thermodynamics.  The book is introductory, by no means does it claim any completeness and state of the art in such a dynamically developing field as numerical and constitutive modelling of soils. The author gives basic understanding of conventional continuum mechanics approaches to constitutive modelling, which can serve as a foundation for exploring more advanced theories....

  18. Macroscopic Theory of Dark Sector

    Directory of Open Access Journals (Sweden)

    Boris E. Meierovich

    2014-01-01

    Full Text Available A simple Lagrangian with squared covariant divergence of a vector field as a kinetic term turned out to be an adequate tool for macroscopic description of the dark sector. The zero-mass field acts as the dark energy. Its energy-momentum tensor is a simple additive to the cosmological constant. Massive fields describe two different forms of dark matter. The space-like massive vector field is attractive. It is responsible for the observed plateau in galaxy rotation curves. The time-like massive field displays repulsive elasticity. In balance with dark energy and ordinary matter it provides a four-parametric diversity of regular solutions of the Einstein equations describing different possible cosmological and oscillating nonsingular scenarios of evolution of the Universe. In particular, the singular big bang turns into a regular inflation-like transition from contraction to expansion with the accelerated expansion at late times. The fine-tuned Friedman-Robertson-Walker singular solution is a particular limiting case at the lower boundary of existence of regular oscillating solutions in the absence of vector fields. The simplicity of the general covariant expression for the energy-momentum tensor allows displaying the main properties of the dark sector analytically. Although the physical nature of dark sector is still unknown, the macroscopic theory can help analyze the role of dark matter in astrophysical phenomena without resorting to artificial model assumptions.

  19. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  20. The Proell Effect: A Macroscopic Maxwell's Demon

    Science.gov (United States)

    Rauen, Kenneth M.

    2011-12-01

    Maxwell's Demon is a legitimate challenge to the Second Law of Thermodynamics when the "demon" is executed via the Proell effect. Thermal energy transfer according to the Kinetic Theory of Heat and Statistical Mechanics that takes place over distances greater than the mean free path of a gas circumvents the microscopic randomness that leads to macroscopic irreversibility. No information is required to sort the particles as no sorting occurs; the entire volume of gas undergoes the same transition. The Proell effect achieves quasi-spontaneous thermal separation without sorting by the perturbation of a heterogeneous constant volume system with displacement and regeneration. The classical analysis of the constant volume process, such as found in the Stirling Cycle, is incomplete and therefore incorrect. There are extra energy flows that classical thermo does not recognize. When a working fluid is displaced across a regenerator with a temperature gradient in a constant volume system, complimentary compression and expansion work takes place that transfers energy between the regenerator and the bulk gas volumes of the hot and cold sides of the constant volume system. Heat capacity at constant pressure applies instead of heat capacity at constant volume. The resultant increase in calculated, recyclable energy allows the Carnot Limit to be exceeded in certain cycles. Super-Carnot heat engines and heat pumps have been designed and a US patent has been awarded.

  1. Cloud Macroscopic Organization: Order Emerging from Randomness

    Science.gov (United States)

    Yuan, Tianle

    2011-01-01

    Clouds play a central role in many aspects of the climate system and their forms and shapes are remarkably diverse. Appropriate representation of clouds in climate models is a major challenge because cloud processes span at least eight orders of magnitude in spatial scales. Here we show that there exists order in cloud size distribution of low-level clouds, and that it follows a power-law distribution with exponent gamma close to 2. gamma is insensitive to yearly variations in environmental conditions, but has regional variations and land-ocean contrasts. More importantly, we demonstrate this self-organizing behavior of clouds emerges naturally from a complex network model with simple, physical organizing principles: random clumping and merging. We also demonstrate symmetry between clear and cloudy skies in terms of macroscopic organization because of similar fundamental underlying organizing principles. The order in the apparently complex cloud-clear field thus has its root in random local interactions. Studying cloud organization with complex network models is an attractive new approach that has wide applications in climate science. We also propose a concept of cloud statistic mechanics approach. This approach is fully complementary to deterministic models, and the two approaches provide a powerful framework to meet the challenge of representing clouds in our climate models when working in tandem.

  2. Cloud macroscopic organization: order emerging from randomness

    Directory of Open Access Journals (Sweden)

    T. Yuan

    2011-01-01

    Full Text Available Clouds play a central role in many aspects of the climate system and their forms and shapes are remarkably diverse. Appropriate representation of clouds in climate models is a major challenge because cloud processes span at least eight orders of magnitude in spatial scales. Here we show that there exists order in cloud size distribution of low-level clouds and it follows a power-law distribution with exponent γ close to 2. γ is insensitive to yearly variations in environmental conditions, but has regional variations and land-ocean contrasts. More importantly, we demonstrate this self-organizing behavior of clouds emerges naturally from a complex network model with simple, physical organizing principles: random clumping and merging. We also show clear-cloudy sky symmetry in terms of macroscopic organization because of similar fundamental underlying organizing principles. The order in the apparently complex cloud-clear field thus has its root in random simple interactions. Studying cloud organization with complex network models is an attractive new approach that has wide applications in climate science. This approach is fully complementary to deterministic models and the two approaches provide a powerful framework to meet the challenge of representing clouds in our climate models when working in tandem.

  3. Macroscopically-Discrete Quantum Cosmology

    CERN Document Server

    Chew, Geoffrey F

    2008-01-01

    To Milne's Lorentz-group-based spacetime and Gelfand-Naimark unitary representations of this group we associate a Fock space of 'cosmological preons'-quantum-theoretic universe constituents. Milne's 'cosmological principle' relies on Lorentz invariance of 'age'--global time. We divide Milne's spacetime into 'slices' of fixed macroscopic width in age, with 'cosmological rays' defined on (hyperbolic) slice boundaries-Fock space attaching only to these exceptional universe ages. Each (fixed-age) preon locates within a 6-dimensional manifold, one of whose 3 'extra' dimensions associates in Dirac sense to a self-adjoint operator that represents preon (continuous) local time, the operator canonically-conjugate thereto representing preon (total) energy. Self-adjoint-operator expectations at any spacetime-slice boundary prescribe throughout the following slice a non-fluctuating 'mundane reality'- electromagnetic and gravitational potentials 'tethered' to current densities of locally-conserved electric charge and ener...

  4. Seismic scanning tunneling macroscope - Theory

    KAUST Repository

    Schuster, Gerard T.

    2012-09-01

    We propose a seismic scanning tunneling macroscope (SSTM) that can detect the presence of sub-wavelength scatterers in the near-field of either the source or the receivers. Analytic formulas for the time reverse mirror (TRM) profile associated with a single scatterer model show that the spatial resolution limit to be, unlike the Abbe limit of λ/2, independent of wavelength and linearly proportional to the source-scatterer separation as long as the point scatterer is in the near-field region; if the sub-wavelength scatterer is a spherical impedance discontinuity then the resolution will also be limited by the radius of the sphere. Therefore, superresolution imaging can be achieved as the scatterer approaches the source. This is analogous to an optical scanning tunneling microscope that has sub-wavelength resolution. Scaled to seismic frequencies, it is theoretically possible to extract 100 Hz information from 20 Hz data by imaging of near-field seismic energy.

  5. Indirect measurement of interfacial melting from macroscopic ice observations.

    Science.gov (United States)

    Saruya, Tomotaka; Kurita, Kei; Rempel, Alan W

    2014-06-01

    Premelted water that is adsorbed to particle surfaces and confined to capillary regions remains in the liquid state well below the bulk melting temperature and can supply the segregated growth of ice lenses. Using macroscopic measurements of ice-lens initiation position in step-freezing experiments, we infer how the nanometer-scale thicknesses of premelted films depend on temperature depression below bulk melting. The interfacial interactions between ice, liquid, and soda-lime glass particles exhibit a power-law behavior that suggests premelting in our system is dominated by short-range electrostatic forces. Using our inferred film thicknesses as inputs to a simple force-balance model with no adjustable parameters, we obtain good quantitative agreement between numerical predictions and observed ice-lens thickness. Macroscopic observations of lensing behavior have the potential as probes of premelting behavior in other systems.

  6. INTRODUCCIÓN AL CONCEPTO DE IDENTIDAD CONSTITUCIONALY A SU FUNCIÓN FRENTE AL DERECHO SUPRANACIONAL E INTERNACIONAL DE LOS DERECHOS DE LA PERSONA INTRODUCTION TO THE CONCEPT OF CONSTITUTIONAL IDENTITY AND ITS ROLE BEFORE SUPRANATIONAL AND INTERNATIONAL LAW OFHUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Manuel Nuñez Poblete

    2008-01-01

    Full Text Available El artículo pretende desarrollar el concepto y función de la identidad constitucional. Para ello, se explican las características fundamentales y la eficacia del concepto en el plano del ejercicio del poder constituyente originario, la hermenéutica constitucional, la reforma constitucional y, especialmente, las relaciones entre el Derecho constitucional interno y las fuentes no nacionales de los derechos humanos.The article pretends to explain the concept and function of constitutional identity. The task is fulfilled describing the key features and the role of constitutional identity in the Constitution-making, interpretation and reform, and the relationship between national constitution and non national human rights Law.

  7. The constitutional law of rights in Bolivia: from the Constitution to the jurisprudence. A short review about its application / El régimen constitucional de los derechos en Bolivia: de la Constitución a la jurisprudencia. Un breve repaso sobre su aplicación

    Directory of Open Access Journals (Sweden)

    Horacio Andaluz Vegacenteno

    2014-10-01

    Full Text Available This article is about the jurisprudential developments of the rights written in the Bolivian Constitution. The article is limited to the formal aspects developed by the decisions of the Constitutional Court. Therefore, they are equally applicable to all the constitutional rights in the Bolivian legal system. After five years of application of the Constitution of 2009, the Constitutional Court has developed a wide body of jurisprudence about the fundamental rights it proclaims. This article only pretends to do a short review of such developments.

  8. Thermodynamic restrictions on the constitutive equations of electromagnetic theory

    Science.gov (United States)

    Coleman, B. D.; Dill, E. H.

    1971-01-01

    Thermodynamics second law restrictions on constitutive equations of electromagnetic theory for nonlinear materials with long-range gradually fading memory, considering dissipation principle consequences

  9. Romanian Constitutional Court and its Active Role in Assuring the Supremacy of the Constitution

    Directory of Open Access Journals (Sweden)

    Emil Balan

    2015-12-01

    Full Text Available Having read this paper, someone should have a general idea of some main constitutional concepts and principles and how they relate to the Romanian legal system. Romanian Constitutional Court is - according to art. 142 (1 of the Romanian Constitution - the guarantor of the Constitution’s supremacy. By virtue of this role, the Constitutional Court shall exercise general control of the compliance with the Constitution and the constitutionality of laws. The quality of guarantor allows the Constitutional Court to exercise an active role so that, throughout the provision of the decisions, but also throughout their considerations, which are imposed with equal force to all the legal issues/all subjects of law, it is put in view that the public authorities have the obligation of conform application of decisions, including of effects determined by them.

  10. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

  11. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  12. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  13. 基于 Najar 能量法的混凝土分形损伤本构模型研究%Study on fractal damage constitutive laws of concrete based on najar energy method

    Institute of Scientific and Technical Information of China (English)

    郑山锁; 秦卿; 任梦宁; 杨威

    2015-01-01

    混凝土损伤模型的研究,实质上是研究损伤变量对混凝土材料本构关系的影响。在外界因素作用下,材料的累积变形引起结构内部损伤的发展,最终将产生宏观裂缝直至破坏。在混凝土损伤破坏过程中,“凹凸无序”的断裂面和“杂乱无章”的裂缝是对混凝土宏观力学性能离散化、非线性、随机性的最直接的体现和表征。基于断裂面和裂缝的分形特性,得到了分形应力、分形应变的基本概念,使之能更为准确地描述混凝土的宏观力学性能。通过 Najar 能量损伤理论,利用分形应力与表观应力、多重分形应变与表观应变之间的关系,推导得出了混凝土分形损伤本构模型,重新定义了 Weibull 概率分布的混凝土损伤扩展规律,得到了基于压缩变形分形特性的损伤演化方程。%Concrete damage model research,in fact is the study of concrete material damage variables influence on its constitutive relationship.Cumulative deformation of material can cause interior damage of structure under exterior load so that the entire structure may collapse due to damage of concrete.In the process of concrete dam-age,the irregular fracture surfaces and wandering or disorderly cracks are the most direct embodiment and characterization for concrete mechanics performance discretization.In order to accurately describe concrete me-chanics performance,the conception of fractal stress、fractal strain and fractal fracture energy are obtained by the fractal characteristics of the fracture surface.According to energy dissipation damage theory by Najar,the uniaxial tensile fractal damage constitutive model is put forward by combining fracture mechanics with continu-um damage mechanics.By means of redefined damage propagation law of Weibull probability distribution,a new damage evolution equation considering the fractal characteristics of concrete fractures is proposed.

  14. Macroscopic theory of dark sector

    CERN Document Server

    Meierovich, Boris E

    2013-01-01

    A simple Lagrangian with squared covariant divergence of a vector field as a kinetic term turned out an adequate tool for macroscopic description of the dark sector. The zero-mass field acts as the dark energy. Its energy-momentum tensor is a simple additive to the cosmological constant. Massive fields {\\phi}_{I} with {\\phi}^{K}{\\phi}_{K}0 describe two different forms of dark matter. The space-like ({\\phi}^{K}{\\phi}_{K}0) massive field displays repulsive elasticity. In balance with dark energy and ordinary matter it provides a four parametric diversity of regular solutions of the Einstein equations describing different possible cosmological and oscillating non-singular scenarios of evolution of the universe. In particular, the singular big bang turns into a regular inflation-like transition from contraction to expansion with the accelerate expansion at late times. The fine-tuned Friedman-Robertson-Walker singular solution is a particular limiting case at the boundary of existence of regular oscillating soluti...

  15. MACROSCOPIC DIVERSITY FOR CDMA MOBILE SYSTEM

    Institute of Scientific and Technical Information of China (English)

    Pei Xiaoyan; Hu Jiandong

    2002-01-01

    A novel system of macroscopic diversity with voting rule in CDMA cellular system is suggested in order to raise the coverage and quality of service of CDMA mobile communication system. The estimation of the impact of macroscopic diversity on performance of CDMA cellular system is analyzed and investigated.

  16. MACROSCOPIC DIVERSITY FOR CDMA MOBILE SYSTEM

    Institute of Scientific and Technical Information of China (English)

    PeiXiaoyan; HuJiandong

    2002-01-01

    A novel system of macroscopic diversity with voting rule in CDMA cellular system is suggested in order to raise the coverage and quality of service of CDMA mobile communication system.The estimation of the impact of macroscopic diversity on performance of CDMA cellular system is analyzed and investigated.

  17. Multiscale Modeling of Intergranular Fracture in Aluminum: Constitutive Relation For Interface Debonding

    Science.gov (United States)

    Yamakov, V.; Saether, E.; Glaessgen, E. H.

    2008-01-01

    Intergranular fracture is a dominant mode of failure in ultrafine grained materials. In the present study, the atomistic mechanisms of grain-boundary debonding during intergranular fracture in aluminum are modeled using a coupled molecular dynamics finite element simulation. Using a statistical mechanics approach, a cohesive-zone law in the form of a traction-displacement constitutive relationship, characterizing the load transfer across the plane of a growing edge crack, is extracted from atomistic simulations and then recast in a form suitable for inclusion within a continuum finite element model. The cohesive-zone law derived by the presented technique is free of finite size effects and is statistically representative for describing the interfacial debonding of a grain boundary (GB) interface examined at atomic length scales. By incorporating the cohesive-zone law in cohesive-zone finite elements, the debonding of a GB interface can be simulated in a coupled continuum-atomistic model, in which a crack starts in the continuum environment, smoothly penetrates the continuum-atomistic interface, and continues its propagation in the atomistic environment. This study is a step towards relating atomistically derived decohesion laws to macroscopic predictions of fracture and constructing multiscale models for nanocrystalline and ultrafine grained materials.

  18. Constitution, 1989. [Selected provisions].

    Science.gov (United States)

    1989-01-01

    Chapter XII of the Hungarian Constitution, 1989, details the Fundamental Rights and Duties of Citizens. Everyone lawfully within the territory of Hungary has the right to liberty of movement and the freedom to choose his or her residence, except when restricted by law, including the right to leave his or her residence or county. The Republic of Hungary grants asylum to foreign citizens who were persecuted for racial, religious ethnic, linguistic, or political reasons. Men and women shall equally enjoy all civil, political, economic, social and political rights. Mothers are entitled to special care and protection before and after childbirth; women and juveniles are protected at work by special regulations. Every child has the right to special care an assistance from his or her family, the State, and society, for appropriate physical, spiritual, and moral development. Parents shall decide the kind of education their children receive. Hungary grants equal rights to all person within its territories, without regard to race, color, sex, language, religion, political, or other opinion, national, and social origin, property, birth and other status. Prejudicial discrimination shall be severely punished. Everyone has the right to work, to the free choice of employment and profession and to equal pay for equal work. Citizens have the right to social security, including social services necessary in old age, sickness, disability, widowhood, orphanhood an unemployment through no fault of their own. Hungary guarantees the right to culture for its citizens and realized this right by free and compulsory elementary education, by secondary and higher education which is accessible to all on the basis of capacity, and by the financial support of those receiving an education.

  19. Stochastic and Macroscopic Thermodynamics of Strongly Coupled Systems

    Science.gov (United States)

    Jarzynski, Christopher

    2017-01-01

    We develop a thermodynamic framework that describes a classical system of interest S that is strongly coupled to its thermal environment E . Within this framework, seven key thermodynamic quantities—internal energy, entropy, volume, enthalpy, Gibbs free energy, heat, and work—are defined microscopically. These quantities obey thermodynamic relations including both the first and second law, and they satisfy nonequilibrium fluctuation theorems. We additionally impose a macroscopic consistency condition: When S is large, the quantities defined within our framework scale up to their macroscopic counterparts. By satisfying this condition, we demonstrate that a unifying framework can be developed, which encompasses both stochastic thermodynamics at one end, and macroscopic thermodynamics at the other. A central element in our approach is a thermodynamic definition of the volume of the system of interest, which converges to the usual geometric definition when S is large. We also sketch an alternative framework that satisfies the same consistency conditions. The dynamics of the system and environment are modeled using Hamilton's equations in the full phase space.

  20. Mesoscopic Kinetic Basis of Macroscopic Chemical Thermodynamics: A Mathematical Theory

    CERN Document Server

    Ge, Hao

    2016-01-01

    From a mathematical model that describes a complex chemical kinetic system of $N$ species and $M$ elementrary reactions in a rapidly stirred vessel of size $V$ as a Markov process, we show that a macroscopic chemical thermodynamics emerges as $V\\rightarrow\\infty$. The theory is applicable to linear and nonlinear reactions, closed systems reaching chemical equilibrium, or open, driven systems approaching to nonequilibrium steady states. A generalized mesoscopic free energy gives rise to a macroscopic chemical energy function $\\varphi^{ss}(\\vx)$ where $\\vx=(x_1,\\cdots,x_N)$ are the concentrations of the $N$ chemical species. The macroscopic chemical dynamics $\\vx(t)$ satisfies two emergent laws: (1) $(\\rd/\\rd t)\\varphi^{ss}[\\vx(t)]\\le 0$, and (2)$(\\rd/\\rd t)\\varphi^{ss}[\\vx(t)]=\\text{cmf}(\\vx)-\\sigma(\\vx)$ where entropy production rate $\\sigma\\ge 0$ represents the sink for the chemical energy, and chemical motive force $\\text{cmf}\\ge 0$ is non-zero if the system is driven under a sustained nonequilibrium chemos...

  1. Generating giant and tunable nonlinearity in a macroscopic mechanical resonator from a single chemical bond

    Science.gov (United States)

    Huang, Pu; Zhou, Jingwei; Zhang, Liang; Hou, Dong; Lin, Shaochun; Deng, Wen; Meng, Chao; Duan, Changkui; Ju, Chenyong; Zheng, Xiao; Xue, Fei; Du, Jiangfeng

    2016-05-01

    Nonlinearity in macroscopic mechanical systems may lead to abundant phenomena for fundamental studies and potential applications. However, it is difficult to generate nonlinearity due to the fact that macroscopic mechanical systems follow Hooke's law and respond linearly to external force, unless strong drive is used. Here we propose and experimentally realize high cubic nonlinear response in a macroscopic mechanical system by exploring the anharmonicity in chemical bonding interactions. We demonstrate the high tunability of nonlinear response by precisely controlling the chemical bonding interaction, and realize, at the single-bond limit, a cubic elastic constant of 1 × 1020 N m-3. This enables us to observe the resonator's vibrational bi-states transitions driven by the weak Brownian thermal noise at 6 K. This method can be flexibly applied to a variety of mechanical systems to improve nonlinear responses, and can be used, with further improvements, to explore macroscopic quantum mechanics.

  2. “临终关怀”的法律之维——法理基础、宪法依据与实体法规制%Viewpoint of Law on Hospice the Jurisprudence Basis, Constitutional According and Substantive Law Regulating of Hospice

    Institute of Scientific and Technical Information of China (English)

    尤金亮

    2012-01-01

    Hospice is a form of medical treatment which provide the patients with palliative care, rather than therapeutic care, and focused on how to reduce pain, rather than prolonging life . The inherent requirement of modern human rights idea, the properly protection for the vulnerable groups according to The Social Contract theory, and the beneficial value of law are the jurisprudence of hospice . Hospice has fully constitutional basis. Hospice must be operated legally in order to ensure the right of the patients. In criminal law, hospice belongs to "proper behavior", but we must prevent crimes of abandonment and the crime of homicide of negative form in the disguise of hospice, and prevent other crimes which maybe happened in the operation of hospice . In civil law, we should regulate decision subject , implement conditions and operating procedures of hospice.%临终关怀是对临终病人进行姑息性照护,而非治疗性照护,关注的是如何减少临终病人痛苦,不以延长生命为主要目的。现代人权理念的内在要求、社会契约论对弱势群体的当然保护、法的效益价值的现实体现,是临终关怀正当性的法理基础。临终关怀具有充分的宪法依据。临终关怀必须依法进行,以确保患者的权利不被剥夺。在刑法上,临终关怀属于"正当行为",但要防止以临终关怀为理由而实施的遗弃罪和不作为形式的故意杀人罪,同时防范其他犯罪。在民法上,要规范临终关怀的决定主体、实施条件和操作程序。

  3. Urgency of Attorney Governed by the Constitution

    Directory of Open Access Journals (Sweden)

    Rommy Patra

    2015-12-01

    Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

  4. Right Product, Wrong Packaging: Not 'Constitution', but 'Constitutional Charter'

    Directory of Open Access Journals (Sweden)

    John Law

    2007-05-01

    Full Text Available The article seeks to locate the principal cause of Europe’s prevailing ratification crisis in the inappropriate title arrived at in the European Convention, Treaty Establishing a Constitution for Europe. This over-ambitious styling led the media to characterise the text as simply an ‘EU Constitution’. Yet, the text was not a Constitution as we traditionally understand the term, i.e. the founding document of a State: scholars are agreed that the EU is not, and will not become upon ratification, a State.In terms of substance, whilst the text certainly strengthened some emerging constitutional aspects, it was not a major departure from the status quo like the Single European Act and Treaty on European Union had been; and it remained technically a treaty like all its predecessors. Arguably, therefore, it did not require referenda to ratify. However, confusion over the scale and importance of what was proposed, stemming from ambiguity in the title, pushed politicians down this unfortunate path.The article identifies a high level of consensus among commentators as to the true nature of the text: most are happy designating it a treaty (noun with constitutional (adjective aspects. The early proposed title Constitutional Treaty for Europe was arguably, therefore, the correct one; but it is now too late to choose this option, as the terms Constitution and Constitutional Treaty have already been muddled in debate. A more distinctive change is required. One idea could be to follow the principle employed elsewhere in the text of codifying the generally accepted but presently unwritten legal concepts of the European Court of Justice, as was done for example for ‘primacy’ and ‘direct effect’. The Court has characterised the EU treaties as a ‘constitutional charter’ for over twenty years now, and on this basis a modified title could read Treaty Establishing a Constitutional Charter for Europe. Importantly, the term ‘charter’ is recognised

  5. utilizing constitutional values in constitutional comparison

    African Journals Online (AJOL)

    Administrator

    review, the separation of powers, democratic processes, etc. ... 2 The approach to constitutional comparison followed here, is more extensively dealt with ..... race, national or ethnic origin, color, religion, sex, age or mental or physical disability.

  6. Macroscopic transport by synthetic molecular machines

    NARCIS (Netherlands)

    Berna, J; Leigh, DA; Lubomska, M; Mendoza, SM; Perez, EM; Rudolf, P; Teobaldi, G; Zerbetto, F

    2005-01-01

    Nature uses molecular motors and machines in virtually every significant biological process, but demonstrating that simpler artificial structures operating through the same gross mechanisms can be interfaced with - and perform physical tasks in - the macroscopic world represents a significant hurdle

  7. Assessments of macroscopicity for quantum optical states

    DEFF Research Database (Denmark)

    Laghaout, Amine; Neergaard-Nielsen, Jonas Schou; Andersen, Ulrik Lund

    2015-01-01

    With the slow but constant progress in the coherent control of quantum systems, it is now possible to create large quantum superpositions. There has therefore been an increased interest in quantifying any claims of macroscopicity. We attempt here to motivate three criteria which we believe should...... enter in the assessment of macroscopic quantumness: The number of quantum fluctuation photons, the purity of the states, and the ease with which the branches making up the state can be distinguished. © 2014....

  8. Quantum Bell Inequalities from Macroscopic Locality

    CERN Document Server

    Yang, Tzyh Haur; Sheridan, Lana; Scarani, Valerio

    2010-01-01

    We propose a method to generate analytical quantum Bell inequalities based on the principle of Macroscopic Locality. By imposing locality over binary processings of virtual macroscopic intensities, we establish a correspondence between Bell inequalities and quantum Bell inequalities in bipartite scenarios with dichotomic observables. We discuss how to improve the latter approximation and how to extend our ideas to scenarios with more than two outcomes per setting.

  9. The Separation of Church and State. Exploring the Constitution Series.

    Science.gov (United States)

    McWhirter, Darien A.

    This textbook on the separation of church and state continues the "Exploring the Constitution Series," which introduces important areas of constitutional law. Intended to serve either as a reference work, a supplement to a standard textbook, or as the textbook for a course, this volume covers the constitutional issues of prayer in public…

  10. The Separation of Church and State. Exploring the Constitution Series.

    Science.gov (United States)

    McWhirter, Darien A.

    This textbook on the separation of church and state continues the "Exploring the Constitution Series," which introduces important areas of constitutional law. Intended to serve either as a reference work, a supplement to a standard textbook, or as the textbook for a course, this volume covers the constitutional issues of prayer in public…

  11. On the Relationship between the Theoretical System of Constitution of Crime and Principle of A Legally Prescribed Punishment for A Specified Crime, Criminal Illegality and Criminal Procedure Law%论犯罪构成论体系与罪刑法定、刑事违法性及刑诉法的关系

    Institute of Scientific and Technical Information of China (English)

    马荣春

    2012-01-01

    以往的犯罪构成论体系研究,是一种脱离犯罪构成论体系与其他重要法学范畴的关系而进行的“孤立性”研究。与罪刑法定、刑事违法性及刑诉法的关系应该构成犯罪构成论体系研究的一项重要内容。照应其与罪刑法定、刑事违法性和刑诉法的关系将使得犯罪构成论体系研究也是一种“关系式”研究,而这将丰满犯罪构成论体系,并有助于对中国大陆传统的犯罪构成论体系作出“中肯”评价和“冷静”对待。%The current research on the theoretical system of constitution of crime is the isolated re- search that is out of the relationship between the theoretical system of constitution of crime and other im-portant law science categories. The relationship between the theoretical system of constitution of crime and principle of a legally prescribed punishment for a specified crime,criminal illegality and criminal procedure law should constitute an important content of the research on the theoretical system of constitution of crime. To correlate the relationship will make the research be a relationship-styled research, which will richen the theoretical system and be conducive to evaluate objectively and treat calmly the the theoretical system.

  12. The Law and Catholic Schools: Approaching the New Millennium.

    Science.gov (United States)

    Shaughnessy, Mary Angela

    The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

  13. Effective Thermal and Electrical Conductivities of AgSnO2 During Sintering. Part II: Constitutive Modeling and Numerical Simulation

    Science.gov (United States)

    Brisson, Elodie; Desplats, Henri; Carre, Patrick; Keryvin, Vincent; Rogeon, Philippe; Feulvarch, Eric; Bonhomme, Alexandre

    2016-12-01

    During resistance sintering (RS) of a conductive porous material, effective electrical and thermal conductivities have a great influence on the thermal gradients inside the matter, which could induce heterogeneous microstructures. Part I of this investigation focused on the characterization of the effective conductivities of AgSnO2 during sintering conditions, with the understanding of the relations between their evolutions and the microstructure. In Part II, the emphasis is on the development of appropriate constitutive equations able to describe the evolutions of the effective conductivities of AgSnO2 during RS. This work proposes constitutive equations taking into account the two main mechanisms, identified in Part I, which modify the contact conditions between the particles. The first mechanism corresponds to viscoplastic deformations of particles. A creep behavior law is used to calculate the macroscopic deformation and the densification kinetics. The second one deals with bonding diffusion under the effect of temperature, which decreases the contact resistance between the particles. As no specific effect of current has been highlighted in the case of AgSnO2, the effective conductivities' behavior laws are available for RS and for hot pressing (HP). Relationships for effective conductivities are included in the numerical HP model and combined with governing laws. Finite element analyses are compared to experimental results obtained from HP tests to validate and discuss the model.

  14. Separation of powers and constitutional loyalty

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2013-06-01

    Full Text Available The complexity and dynamics of political life leads to developments and reconsiderations in terms of classical theories of constitutional law. Such a process occurs also in the case of separation of powers. Many factors have a bearing on how this theory is currently translated into practice, which requires additional perspectives of analysis in order to develop improved models of cooperation and balance of powers, according to new political realities. This study aims at examining the principle of separation and balance of powers in terms of mutual respect and loyal cooperation between institutions, or, in a broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions, without which no fundamental law, no matter of how democratic it might be, could function properly2. Based on examination of concrete cases drawn from the case-law of the Constitutional Court of Romania, the study demonstrates that, in lack of constitutional loyalty, the objective pursued by enshrining the principle of separation of powers cannot be achieved effectively, i.e. compliance of public authorities and political actors with constitutional provisions is purely formal and the alleged collaboration between them is a "dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of this type of behaviour requires identification of remedies. What are the limits and what solutions can be identified in this regard are questions that also we aim to answer.

  15. Constitutional Law--Establishment Clause: No Tuition Grants, No Tax Benefits for Parents or Nonpublic School Children--Committee for Public Education and Religious Liberty v. Nyquist, 413 U.S. 756 (1973)

    Science.gov (United States)

    Moquin, E. Michele

    1975-01-01

    This note considers the Supreme Court's treatment of New York State's tuition reimbursement and tax exemption provisions that were expected to equalize educational choice. Submits that the decision is unwarranted application of the constitutional prohibition against establishment of religion and discusses alternatives open to state legislators.…

  16. Loi constitutive chimioplastique pour le beton expose aux hautes temperatures

    Science.gov (United States)

    Hammoud, Rabah

    degradation of exothermic origin. This experimental program puts emphasis on the fragile nature of the preheated concrete and demonstrates the non-applicability of two failure criteria often used in engineering calculation. An alternative is proposed and well-tested. Indeed, exposing the concrete to high temperature results in irreversible loss of stiffness as well as a loss of decohesion strength. These losses are, typically, expressed through semi-empirical relationships of the mechanical properties with temperature. Unfortunately, these relationships are inadequate because the direct impact of this degradation, on the macroscopic scale, can result in a dependency relationship between the elastic properties and the hydrates mass. Therefore, unlike traditional methods using conventional elasto-plastic models and adjusting certain parameters with local temperature, the proposed constitutive law that incorporates a function of dehydration similar to the softening index in chemo-plastics gives good results. An Etse and Willam similar criterion is used and modified for the occasion. Hardening and softening mechanisms are then needed to expand and contract the loading surface for defining the strength of the concrete on a wide range of dehydration processes. The direction and magnitude of a permanent deformation, core of the inelastic domain, are defined through the development of non-associated chemoplastic potential and new curve of ductility. The influence of hydrostatic pressure (dilatancy) and dehydration on the concrete behavior are taken into account in our model. The model is implemented in the Matlab(c) code. Strains and stresses generated in the concrete are now accurately predicted. To illustrate the capabilities of the developed model to predict the complex behavior of concrete exposed to high temperature, simulations are performed through numerical loading paths scenarios. The model is able to accurately reproduce all the experimental data.

  17. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  18. Macroscopic optical response and photonic bands

    CERN Document Server

    Perez-Huerta, J S; Mendoza, Bernardo S; Mochan, W Luis

    2012-01-01

    We develop a formalism for the calculation of the macroscopic dielectric response of composite systems made of particles of one material embedded periodically within a matrix of another material, each of which is characterized by a well defined dielectric function. The nature of these dielectric functions is arbitrary, and could correspond to dielectric or conducting, transparent or opaque, absorptive and dispersive materials. The geometry of the particles and the Bravais lattice of the composite are also arbitrary. Our formalism goes beyond the longwavelenght approximation as it fully incorporates retardation effects. We test our formalism through the study the propagation of electromagnetic waves in 2D photonic crystals made of periodic arrays of cylindrical holes in a dispersionless dielectric host. Our macroscopic theory yields a spatially dispersive macroscopic response which allows the calculation of the full photonic band structure of the system, as well as the characterization of its normal modes, upo...

  19. A macroscopic challenge for quantum spacetime

    CERN Document Server

    Amelino-Camelia, Giovanni

    2013-01-01

    Over the last decade a growing number of quantum-gravity researchers has been looking for opportunities for the first ever experimental evidence of a Planck-length quantum property of spacetime. These studies are usually based on the analysis of some candidate indirect implications of spacetime quantization, such as a possible curvature of momentum space. Some recent proposals have raised hope that we might also gain direct experimental access to quantum properties of spacetime, by finding evidence of limitations to the measurability of the center-of-mass coordinates of some macroscopic bodies. However I here observe that the arguments that originally lead to speculating about spacetime quantization do not apply to the localization of the center of mass of a macroscopic body. And I also analyze some popular formalizations of the notion of quantum spacetime, finding that when the quantization of spacetime is Planckian for the constituent particles then for the composite macroscopic body the quantization of spa...

  20. On Macroscopic Complexity and Perceptual Coding

    CERN Document Server

    Scoville, John

    2010-01-01

    While Shannon information establishes limits to the universal data compression of binary data, no existing theory provides an equivalent characterization of the lossy data compression algorithms prevalent in audiovisual media. The current paper proposes a mathematical framework for perceptual coding and inference which quantifies the complexity of objects indistinguishable to a particular observer. A definition of the complexity is presented and related to a generalization of Boltzmann entropy for these equivalence classes. When the classes are partitions of phase space, corresponding to classical observations, this is the proper Boltzmann entropy and the macroscopic complexity agrees with the Algorithmic Entropy. For general classes, the macroscopic complexity measure determines the optimal lossy compression of the data. Conversely, perceptual coding algorithms may be used to construct upper bounds on certain macroscopic complexities. Knowledge of these complexities, in turn, allows perceptual inference whic...

  1. Nanoplasmon-enabled macroscopic thermal management

    CERN Document Server

    Jonsson, Gustav Edman; Dmitriev, Alexandre

    2013-01-01

    In numerous applications of energy harvesting via transformation of light into heat the focus recently shifted towards highly absorptive materials featuring nanoplasmons. It is currently established that noble metals-based absorptive plasmonic platforms deliver significant light-capturing capability and can be viewed as super-absorbers of optical radiation. However, direct experimental evidence of plasmon-enabled macroscopic temperature increase that would result from these efficient absorptive properties is scarce. Here we derive a general quantitative method of characterizing light-capturing properties of a given heat-generating absorptive layer by macroscopic thermal imaging. We further monitor macroscopic areas that are homogeneously heated by several degrees with plasmon nanostructures that occupy a mere 8% of the surface, leaving it essentially transparent and evidencing significant heat generation capability of nanoplasmon-enabled light capture. This has a direct bearing to thermophotovoltaics and othe...

  2. Nonclassical interactions portrait in a macroscopic pedestrian flow model

    Science.gov (United States)

    Rosini, Massimiliano D.

    In this paper we describe the main characteristics of the macroscopic model for pedestrian flows introduced in [R.M. Colombo, M.D. Rosini, Pedestrian flows and non-classical shocks, Math. Methods Appl. Sci. 28 (13) (2005) 1553-1567] and recently sperimentally verified in [D. Helbing, A. Johansson, H.Z. Al-Abideen, Dynamics of crowd disasters: An empirical study, Phys. Rev. E (Statistical, Nonlinear, and Soft Matter Physics) 75 (4) (2007) 046109]. After a detailed study of all the possible wave interactions, we prove the existence of a weighted total variation that does not increase after any interaction. This is the main ingredient used in [R.M. Colombo, M.D. Rosini, Existence of nonclassical Cauchy problem modeling pedestrian flows, technical report, Brescia Department of Mathematics, 2008] to tackle the Cauchy problem through wave front tracking, see [A. Bressan, Hyperbolic Systems of Conservation Laws. The One-Dimensional Cauchy Problem, Oxford Lecture Ser. Math. Appl., vol. 20, Oxford Univ. Press, Oxford, 2000, The one-dimensional Cauchy problem; A. Bressan, The front tracking method for systems of conservation laws, in: C.M. Dafermos, E. Feireisl (Eds.), Handbook of Differential Equations; Evolutionary Equations, vol. 1, Elsevier, 2004, pp. 87-168; R.M. Colombo, Wave front tracking in systems of conservation laws, Appl. Math. 49 (6) (2004) 501-537]. From the mathematical point of view, this model is one of the few examples of conservation laws in which nonclassical solutions have a physical motivation, see [P.G. Lefloch, Hyperbolic Systems of Conservation Laws, Lectures Math. ETH Zürich, Birkhäuser, Basel, 2002, The theory of classical and nonclassical shock waves], and an existence result is available.

  3. Inverted rank distributions: Macroscopic statistics, universality classes, and critical exponents

    Science.gov (United States)

    Eliazar, Iddo; Cohen, Morrel H.

    2014-01-01

    An inverted rank distribution is an infinite sequence of positive sizes ordered in a monotone increasing fashion. Interlacing together Lorenzian and oligarchic asymptotic analyses, we establish a macroscopic classification of inverted rank distributions into five “socioeconomic” universality classes: communism, socialism, criticality, feudalism, and absolute monarchy. We further establish that: (i) communism and socialism are analogous to a “disordered phase”, feudalism and absolute monarchy are analogous to an “ordered phase”, and criticality is the “phase transition” between order and disorder; (ii) the universality classes are characterized by two critical exponents, one governing the ordered phase, and the other governing the disordered phase; (iii) communism, criticality, and absolute monarchy are characterized by sharp exponent values, and are inherently deterministic; (iv) socialism is characterized by a continuous exponent range, is inherently stochastic, and is universally governed by continuous power-law statistics; (v) feudalism is characterized by a continuous exponent range, is inherently stochastic, and is universally governed by discrete exponential statistics. The results presented in this paper yield a universal macroscopic socioeconophysical perspective of inverted rank distributions.

  4. Fetal Pain, Abortion, Viability and the Constitution

    OpenAIRE

    Cohen, I. Glenn; Sayeed, Sadath Ali

    2011-01-01

    In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine and note difficulties presented by persistent legal attention to a socially derived viability construct. We then offer a substantive biological, ethical, and legal critique of the new fetal pain rationale.

  5. Fetal pain, abortion, viability, and the Constitution.

    Science.gov (United States)

    Cohen, I Glenn; Sayeed, Sadath

    2011-01-01

    In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine and note difficulties presented by persistent legal attention to a socially derived viability construct. We then offer a substantive biological, ethical, and legal critique of the new fetal pain rationale.

  6. Contragate, Covert Action, and the Constitution.

    Science.gov (United States)

    Ratner, Michael

    1987-01-01

    The "Iran-Contragate" hearings were indicative of serious constitutional crisis. Analyzes and disputes following three defenses used by President Reagan to justify his actions in affair: he did not know or approve; it was not a violation of law; and his authority over foreign affairs is given in war powers clause of the…

  7. Respecting Constitutional Identity in the EU

    NARCIS (Netherlands)

    Besselink, Leonard F.M.

    2012-01-01

    This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which for the first time an appeal to the constitutional identity of a member state in order to limit a right under EU law, under Article 4(2) TEU, i.e. the duty for the EU to respect the national identities of the Member States, was

  8. Respecting Constitutional Identity in the EU

    NARCIS (Netherlands)

    Besselink, Leonard F.M.

    2012-01-01

    This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which for the first time an appeal to the constitutional identity of a member state in order to limit a right under EU law, under Article 4(2) TEU, i.e. the duty for the EU to respect the national identities of the Member States, was

  9. What constitutes a compensation free regulation of foreign-owned property in international law? Some thoughts on the protection of foreign investment against expropriations, the states' right to regulate, arbitrators and TTIP

    OpenAIRE

    Gildeggen, Rainer; Willburger, Andreas

    2016-01-01

    This article intends to help understand the debate about TTIP by focusing on the specific issue of how TTIP may regulate investment protection of foreign-owned property. It gives an overview of the international law of expropriations of and other interferences with foreign-owned property for public welfare objectives such as public health and safety, environmental protection, public morals, the promotion and protection of cultural diversity and human rights, and asks whether such interference...

  10. Macroscopic electromagnetic response of metamaterials with toroidal resonances

    CERN Document Server

    Savinov, V; Zheludev, N I

    2013-01-01

    Toroidal dipole, first described by Ia. B. Zeldovich [Sov. Phys. JETP 33, 1184 (1957)], is a distinct electromagnetic excitation that differs both from the electric and the magnetic dipoles. It has a number of intriguing properties: static toroidal nuclear dipole is responsible for parity violation in atomic spectra; interactions between static toroidal dipole and oscillating magnetic dipole are claimed to violate Newton's Third Law while non-stationary charge-current configurations involving toroidal multipoles have been predicted to produce vector potential in the absence of electromagnetic fields. Existence of the toroidal response in metamaterials was recently demonstrated and is now a growing field of research. However, no direct analytical link has yet been established between the transmission and reflection of macroscopic electromagnetic media and toroidal dipole excitations. To address this essential gap in electromagnetic theory we have developed an analytical approach linking microscopic and macrosc...

  11. On the macroscopic quantization in mesoscopic rings and single-electron devices

    Science.gov (United States)

    Semenov, Andrew G.

    2016-05-01

    In this letter we investigate the phenomenon of macroscopic quantization and consider particle on the ring interacting with the dissipative bath as an example. We demonstrate that even in presence of environment, there is macroscopically quantized observable which can take only integer values in the zero temperature limit. This fact follows from the total angular momentum conservation combined with momentum quantization for bare particle on the ring. The nontrivial thing is that the model under consideration, including the notion of quantized observable, can be mapped onto the Ambegaokar-Eckern-Schon model of the single-electron box (SEB). We evaluate SEB observable, originating after mapping, and reveal new physics, which follows from the macroscopic quantization phenomenon and the existence of additional conservation law. Some generalizations of the obtained results are also presented.

  12. Scaling laws and bulk-boundary decoupling in heat flow.

    Science.gov (United States)

    del Pozo, Jesús J; Garrido, Pedro L; Hurtado, Pablo I

    2015-03-01

    When driven out of equilibrium by a temperature gradient, fluids respond by developing a nontrivial, inhomogeneous structure according to the governing macroscopic laws. Here we show that such structure obeys strikingly simple scaling laws arbitrarily far from equilibrium, provided that both macroscopic local equilibrium and Fourier's law hold. Extensive simulations of hard disk fluids confirm the scaling laws even under strong temperature gradients, implying that Fourier's law remains valid in this highly nonlinear regime, with putative corrections absorbed into a nonlinear conductivity functional. In addition, our results show that the scaling laws are robust in the presence of strong finite-size effects, hinting at a subtle bulk-boundary decoupling mechanism which enforces the macroscopic laws on the bulk of the finite-sized fluid. This allows one to measure the marginal anomaly of the heat conductivity predicted for hard disks.

  13. In quest of constitutional principles of "neurolaw".

    Science.gov (United States)

    Pizzetti, Federico Gustavo

    2011-01-01

    The growing use of brain imaging technology and the developing of cognitive neuroscience pose unaccustomed challenges to legal systems. Until now, the fields of Law much affected are the civil and criminal law and procedure, but the constitutional dimension of "neurolaw" cannot be easily underestimated. As the capacity to investigate and to trace brain mechanisms and functional neural activities increases, it becomes urgent the recognition and definition of the unalienable rights and fundamental values in respect of this new techno-scientific power, that must be protected and safeguard at "constitutional level" of norms such as: human dignity, personal identity, authenticity and the pursuit of individual "happiness". As the same as for the law regulating research and experimentation on human genome adopted in the past years, one may also argue if the above mentioned fundamental principles of "neurolaw" must be fixed and disciplined also at European and International level.

  14. The Constitution by Cell

    Science.gov (United States)

    Greenhut, Stephanie; Jones, Megan

    2010-01-01

    On their visit to the National Archives Experience in Washington, D.C., students in Jenni Ashley and Gay Brock's U.S. history classes at the Potomac School in McLean, Virginia, participated in a pilot program called "The Constitution by Cell." Armed with their cell phones, a basic understanding of the Constitution, and a willingness to participate…

  15. Interpreting the Constitution.

    Science.gov (United States)

    Brennan, William J., Jr.

    1987-01-01

    Discusses constitutional interpretations relating to capital punishment and protection of human dignity. Points out the document's effectiveness in creating a new society by adapting its principles to current problems and needs. Considers two views of the Constitution that lead to controversy over the legitimacy of judicial decisions. (PS)

  16. The Constitution by Cell

    Science.gov (United States)

    Greenhut, Stephanie; Jones, Megan

    2010-01-01

    On their visit to the National Archives Experience in Washington, D.C., students in Jenni Ashley and Gay Brock's U.S. history classes at the Potomac School in McLean, Virginia, participated in a pilot program called "The Constitution by Cell." Armed with their cell phones, a basic understanding of the Constitution, and a willingness to…

  17. Teaching About the Constitution.

    Science.gov (United States)

    White, Charles S.

    1988-01-01

    Reviews "The U.S. Constitution Then and Now," a two-unit program using the integrated database and word processing capabilities of AppleWorks. For grades 7-12, the units simulate the constitutional convention and the principles of free speech and privacy. Concludes that with adequate time, the program can provide a potentially powerful…

  18. The Constitution by Cell

    Science.gov (United States)

    Greenhut, Stephanie; Jones, Megan

    2010-01-01

    On their visit to the National Archives Experience in Washington, D.C., students in Jenni Ashley and Gay Brock's U.S. history classes at the Potomac School in McLean, Virginia, participated in a pilot program called "The Constitution by Cell." Armed with their cell phones, a basic understanding of the Constitution, and a willingness to…

  19. Separation of the Microscopic and Macroscopic Domains

    Science.gov (United States)

    Van Zandt, L. L.

    1977-01-01

    Examines the possibility of observing interference in quantum magnification experiments such as the celebrated "Schroedinger cat". Uses the possibility of observing interference for separating the realm of microscopic from macroscopic dynamics; estimates the dividing line to fall at system sizes of about 100 Daltons. (MLH)

  20. Entropy, Macroscopic Information, and Phase Transitions

    OpenAIRE

    Parrondo, Juan M. R.

    1999-01-01

    The relationship between entropy and information is reviewed, taking into account that information is stored in macroscopic degrees of freedom, such as the order parameter in a system exhibiting spontaneous symmetry breaking. It is shown that most problems of the relationship between entropy and information, embodied in a variety of Maxwell demons, are also present in any symmetry breaking transition.

  1. Macroscopic Modeling of Polymer-Electrolyte Membranes

    Energy Technology Data Exchange (ETDEWEB)

    Weber, A.Z.; Newman, J.

    2007-04-01

    In this chapter, the various approaches for the macroscopic modeling of transport phenomena in polymer-electrolyte membranes are discussed. This includes general background and modeling methodologies, as well as exploration of the governing equations and some membrane-related topic of interest.

  2. Lozenge Tilings, Glauber Dynamics and Macroscopic Shape

    Science.gov (United States)

    Laslier, Benoît; Toninelli, Fabio Lucio

    2015-09-01

    We study the Glauber dynamics on the set of tilings of a finite domain of the plane with lozenges of side 1/ L. Under the invariant measure of the process (the uniform measure over all tilings), it is well known (Cohn et al. J Am Math Soc 14:297-346, 2001) that the random height function associated to the tiling converges in probability, in the scaling limit , to a non-trivial macroscopic shape minimizing a certain surface tension functional. According to the boundary conditions, the macroscopic shape can be either analytic or contain "frozen regions" (Arctic Circle phenomenon Cohn et al. N Y J Math 4:137-165, 1998; Jockusch et al. Random domino tilings and the arctic circle theorem, arXiv:math/9801068, 1998). It is widely conjectured, on the basis of theoretical considerations (Henley J Statist Phys 89:483-507, 1997; Spohn J Stat Phys 71:1081-1132, 1993), partial mathematical results (Caputo et al. Commun Math Phys 311:157-189, 2012; Wilson Ann Appl Probab 14:274-325, 2004) and numerical simulations for similar models (Destainville Phys Rev Lett 88:030601, 2002; cf. also the bibliography in Henley (J Statist Phys 89:483-507, 1997) and Wilson (Ann Appl Probab 14:274-325, 2004), that the Glauber dynamics approaches the equilibrium macroscopic shape in a time of order L 2+ o(1). In this work we prove this conjecture, under the assumption that the macroscopic equilibrium shape contains no "frozen region".

  3. Macroscopic invisibility cloaking of visible light

    DEFF Research Database (Denmark)

    Chen, Xianzhong; Luo, Y.; Zhang, Jingjing

    2011-01-01

    to a few wavelengths. Here, we report the first realization of a macroscopic volumetric invisibility cloak constructed from natural birefringent crystals. The cloak operates at visible frequencies and is capable of hiding, for a specific light polarization, three-dimensional objects of the scale...

  4. CONSTITUTIONAL PROCESS: THE PROCESS AS A DUE PLACE TO THE EXERCISE OF DEMOCRACY

    Directory of Open Access Journals (Sweden)

    Fernando Laércio Alves da Silva

    2015-12-01

    Full Text Available In 1984, José Alfredo de Oliveira Baracho published in Brazil, the work entitled Constitutional Process, by which pioneered presented the connecting factors between Constitution and Process, leading to a radical change in perspective from which one sees the Procedural Law and its importance for the construct ion of a democratic state. More than thirty years later, intense has been the legal research from the theory of the constitutional process not only in traditional fields of Procedural Law, as well as in branches of public law and constitutional law, administrative law and electoral law. Nevertheless, still perceive certain misconceptions and misunderstandings both in relation to the structural elements of the constitutional process as well as its importance to the law. Thus, the present study aims to the resumption of the structural elements of the constitutional process in order to try to remove any remaining misconceptions as to the scope and the depth of this important procedural theory.

  5. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

    Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

  6. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  7. Text adopted no. 302. Little law, constitution of the 4 October 1958 twelve legislature ordinary session of 2003-2004. Law project adopted by the National Assembly in first reading, after urgency declaration of energy orientation; Texte adopte no. 302. Petite loi, constitution du 4 octobre 1958 douzieme legislature session ordinaire de 2003-2004. Projet de loi adopte par l'Assemblee Nationale en premiere lecture, apres declaration d'urgence, d'orientation sur l'energie

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2004-06-01

    This law project concerns the french national energy policy. It presents the government policy on four main axis: the energy independence with the energy supply safety, the environment quality with the fight against the greenhouse effect, the energy prices and the social aspects with the energy supply for all french people. By a presentation of the articles it provides information on the energy demand control, the renewable energies and the financial assistance. (A.L.B.)

  8. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  9. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2003-10-01

    Full Text Available The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, socio-economic and cultural considerations on the constitutional court’s interpretation and application of the Bill of Rights. The second aim is to develop practical guidelines (based on the findings during the analysing process for South African courts confronted with issues of a political, socio-economic and cultural nature. This article is concerned with initiating discussions of the decisions of the constitutional court with regard to cultural and religious rights.Before we can explore the role of political, socio-economic and cultural (and religious rights in the decisions of the constitutional court it is important to discuss a few preliminary issues. In this article the meaning of culture and religion within the South African context receives some attention. Secondly, some preliminary comments regarding constitutional protection of culturally and religiously based rights will be made.We are well aware that this is a daunting task, not only in view of the seemingly abysmal gap between the applicable constitutional rights and values enshrined in the 1996 Constitution that, in some instances over centuries, brought about customs and practices within “traditional” communities which, seemingly, infringe on certain constitutional values and rights.

  10. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  11. National assembly constitution of the 4. of october 1958 eleventh legislature. Law project relative to the openness and safety in nuclear matter; Assemblee Nationale constitution du 4 octobre 1958 onzieme legislature. Projet de loi relatif a la transparence et a la securite en matiere nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-07-01

    This law project is the first text submitted to the Parliament in order to given a general frame to nuclear activities. It refers to principles of other activities areas such precautionary principle, the polluter pays principle, and public information principle. It extends the information right of citizens by creating an access right to information held by the operators of nuclear activities. A transparency high committee about nuclear safety is created whom mission is to contribute to public information on nuclear activities and to guarantee its quality and reliability. (N.C.)

  12. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  13. Ordered Rate Constitutive Theories: Development of Rate Constitutive Equations for Solids, Liquids, and Gases

    Science.gov (United States)

    2010-08-18

    in the Months of June, July, and August, 1827, on the Particles Contained in the Pollen of Plants ; and on the General Existence of Active Molecules in...time derivatives of the Cauchy stress tensors and strain tensors . . . . . . . 17 3 Conservation laws... conservation laws [1, 2] is inde- pendent of the constitution of the matter. The stress field and heat vector are assumed to be a consequence of kinematics of

  14. Use of hybrid discrete cellular models for identification of macroscopic nutrient loss in reaction-diffusion models of tissues.

    Science.gov (United States)

    Aristotelous, Andreas C; Haider, Mansoor A

    2014-08-01

    Macroscopic models accounting for cellular effects in natural or engineered tissues may involve unknown constitutive terms that are highly dependent on interactions at the scale of individual cells. Hybrid discrete models, which represent cells individually, were used to develop and apply techniques for modeling diffusive nutrient transport and cellular uptake to identify a nonlinear nutrient loss term in a macroscopic reaction-diffusion model of the system. Flexible and robust numerical methods were used, based on discontinuous Galerkin finite elements in space and a Crank-Nicolson temporal discretization. Scales were bridged via averaging operations over a complete set of subdomains yielding data for identification of a macroscopic nutrient loss term that was accurately captured via a fifth-order polynomial. Accuracy of the identified macroscopic model was demonstrated by direct, quantitative comparisons of the tissue and cellular scale models in terms of three error norms computed on a mesoscale mesh. Copyright © 2014 John Wiley & Sons, Ltd.

  15. Mathematical modeling for laminar flow of power law fluid in porous media

    Energy Technology Data Exchange (ETDEWEB)

    Silva, Renato A.; Mesquita, Maximilian S. [Universidade Federal do Espirito Santo (UFES), Sao Mateus, ES (Brazil). Centro Universitario Norte do Espirito Santo. Dept. de Engenharias e Computacao

    2010-07-01

    In this paper, the macroscopic equations for laminar power-law fluid flow is obtained for a porous medium starting from traditional equations (Navier-Stokes). Then, the volume averaging is applied in traditional transport equations with the power-law fluid model. This procedure leads to macroscopic transport equations set for non-Newtonian fluid. (author)

  16. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...

  17. Macroscopic quantum mechanics in a classical spacetime.

    Science.gov (United States)

    Yang, Huan; Miao, Haixing; Lee, Da-Shin; Helou, Bassam; Chen, Yanbei

    2013-04-26

    We apply the many-particle Schrödinger-Newton equation, which describes the coevolution of a many-particle quantum wave function and a classical space-time geometry, to macroscopic mechanical objects. By averaging over motions of the objects' internal degrees of freedom, we obtain an effective Schrödinger-Newton equation for their centers of mass, which can be monitored and manipulated at quantum levels by state-of-the-art optomechanics experiments. For a single macroscopic object moving quantum mechanically within a harmonic potential well, its quantum uncertainty is found to evolve at a frequency different from its classical eigenfrequency-with a difference that depends on the internal structure of the object-and can be observable using current technology. For several objects, the Schrödinger-Newton equation predicts semiclassical motions just like Newtonian physics, yet quantum uncertainty cannot be transferred from one object to another.

  18. Macroscopic Invisibility Cloaking of Visible Light

    CERN Document Server

    Chen, Xianzhong; Zhang, Jingjing; Jiang, Kyle; Pendry, John B; Zhang, Shuang

    2010-01-01

    Invisibility cloaks of light, which used to be confined to the imagination, have now been turned into a scientific reality, thanks to the enabling theoretical tools of transformation optics and conformal mapping. Inspired by those theoretical works, the experimental realisation of electromagnetic invisibility cloaks has been reported at various electromagnetic frequencies. All the invisibility cloaks demonstrated thus far, however, have relied on nano- or micro-fabricated artificial composite materials with spatially varying electromagnetic properties, which limit the size of the cloaked region to a few wavelengths. Here we report realisation of a macroscopic volumetric invisibility cloak constructed from natural birefringent crystals. The cloak operates at visible frequencies and is capable of hiding three-dimensional objects of the scale of centimetres and millimetres. Our work opens avenues for future applications with macroscopic cloaking devices.

  19. Macroscopic spin and charge transport theory

    Institute of Scientific and Technical Information of China (English)

    Li Da-Fang; Shi Jun-Ren

    2009-01-01

    According to the general principle of non-equilibrium thermodynamics, we propose a set of macroscopic transport equations for the spin transport and the charge transport. In particular, the spin torque is introduced as a generalized 'current density' to describe the phenomena associated with the spin non-conservation in a unified framework. The Einstein relations and the Onsager relations between different transport phenomena are established. Specifically, the spin transport properties of the isotropic non-magnetic and the isotropic magnetic two-dimensional electron gases are fully described by using this theory, in which only the macroscopic-spin-related transport phenomena allowed by the symmetry of the system are taken into account.

  20. Macroscopic entrainment of periodically forced oscillatory ensembles.

    Science.gov (United States)

    Popovych, Oleksandr V; Tass, Peter A

    2011-03-01

    Large-amplitude oscillations of macroscopic neuronal signals, such as local field potentials and electroencephalography or magnetoencephalography signals, are commonly considered as being generated by a population of mutually synchronized neurons. In a computational study in generic networks of phase oscillators and bursting neurons, however, we show that this common belief may be wrong if the neuronal population receives an external rhythmic input. The latter may stem from another neuronal population or an external, e.g., sensory or electrical, source. In that case the population field potential may be entrained by the rhythmic input, whereas the individual neurons are phase desynchronized both mutually and with their field potential. Intriguingly, the corresponding large-amplitude oscillations of the population mean field are generated by pairwise desynchronized neurons oscillating at frequencies shifted far away from the frequency of the macroscopic field potential.

  1. Adsorption modeling for macroscopic contaminant dispersal analysis

    Energy Technology Data Exchange (ETDEWEB)

    Axley, J.W.

    1990-05-01

    Two families of macroscopic adsorption models are formulated, based on fundamental principles of adsorption science and technology, that may be used for macroscopic (such as whole-building) contaminant dispersal analysis. The first family of adsorption models - the Equilibrium Adsorption (EA) Models - are based upon the simple requirement of equilibrium between adsorbent and room air. The second family - the Boundary Layer Diffusion Controlled Adsorption (BLDC) Models - add to the equilibrium requirement a boundary layer model for diffusion of the adsorbate from the room air to the adsorbent surface. Two members of each of these families are explicitly discussed, one based on the linear adsorption isotherm model and the other on the Langmuir model. The linear variants of each family are applied to model the adsorption dynamics of formaldehyde in gypsum wall board and compared to measured data.

  2. Macroscopic Invisible Cloak for Visible Light

    CERN Document Server

    Zhang, Baile; Liu, Xiaogang; Barbastathis, George

    2011-01-01

    Invisibility cloaks, a subject that usually occurs in science fiction and myths, have attracted wide interest recently because of their possible realization. The biggest challenge to true invisibility is known to be the cloaking of a macroscopic object in the broad range of wavelengths visible to the human eye. Here we experimentally solve this problem by incorporating the principle of transformation optics into a conventional optical lens fabrication with low-cost materials and simple manufacturing techniques. A transparent cloak made of two pieces of calcite is created. This cloak is able to conceal a macroscopic object with a maximum height of 2 mm, larger than 3500 free-space-wavelength, inside a transparent liquid environment. Its working bandwidth encompassing red, green and blue light is also demonstrated.

  3. Ultima Ratio as a Constitutional Principle

    Directory of Open Access Journals (Sweden)

    Kaarlo Tuori

    2013-01-01

    Full Text Available The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of ultima ratio is to impose limitations on criminalization. But constitutional doctrines also exist which call for criminalization and might even be seen as establishing a criminalization obligation. The paper examines three constitutional counter weights to ultima ratio. The first of these is discussed in the context of state constitutions. This is the cluster of the interrelated constitutional doctrines of the horizontal effect of fundamental rights and the protective duty of the state, as well as the understanding of collective security as a basic right. These doctrines are analysed in the light of the praxis of the German Constitutional Court and the Finnish Constitutional Law Committee. The two other constitutional counterweights are discussed at the level of the transnational, European constitution. These are the principles of precaution and effectiveness. Este artículo defiende que el concepto de ultima ratio es una instancia más amplia del principio de proporcionalidad dentro del derecho constitucional. Sin embargo, el ultima ratio no es el único principio relevante en la valoración constitucional de la criminalización. El papel del ultima ratio es imponer límites a la criminalización. Pero también existen doctrinas constitucionales que exigen la criminalización e incluso dan pie a entender que obligan a establecer una pena. El documento examina tres contrapesos constitucionales al ultima ratio. En primer lugar, se analiza en el contexto de las constituciones estatales. Este es el conjunto de las doctrinas constitucionales interrelacionadas entre el efecto horizontal de los derechos fundamentales y el deber de protección del Estado, así como la asunción de la seguridad colectiva

  4. A macroscopic approach to creating exotic matter

    OpenAIRE

    Ridgely, C. T.

    2000-01-01

    Herein the Casimir effect is used to present a simple macroscopic view on creating exotic matter. The energy arising between two nearly perfectly conducting parallel plates is shown to become increasingly negative as the plate separation is reduced. It is proposed that the Casimir energy appears increasingly negative simply because the vacuum electromagnetic zero-point field performs positive work in pushing the plates together, transforming field energy into kinetic energy of the plates. Nex...

  5. Shot noise in linear macroscopic resistors

    OpenAIRE

    Gomila Lluch, Gabriel; Pennetta, C.; Reggiani, L.; Ferrari, G; Sampietro, M.; G. Bertuccio(Politecnico di Milano, Italy)

    2004-01-01

    We report on direct experimental evidence of shot noise in a linear macroscopic resistor. The origin of the shot noise comes from the fluctuation of the total number of charge carriers inside the resistor associated with their diffusive motion under the condition that the dielectric relaxation time becomes longer than the dynamic transit time. The present results show that neither potential barriers nor the absence of inelastic scattering are necessary to observe shot noise in electronic devi...

  6. Shot Noise in Linear Macroscopic Resistors

    Science.gov (United States)

    Gomila, G.; Pennetta, C.; Reggiani, L.; Sampietro, M.; Ferrari, G.; Bertuccio, G.

    2004-06-01

    We report on direct experimental evidence of shot noise in a linear macroscopic resistor. The origin of the shot noise comes from the fluctuation of the total number of charge carriers inside the resistor associated with their diffusive motion under the condition that the dielectric relaxation time becomes longer than the dynamic transit time. The present results show that neither potential barriers nor the absence of inelastic scattering are necessary to observe shot noise in electronic devices.

  7. Macroscopic Objects, Intrinsic Spin, and Lorentz Violation

    CERN Document Server

    Atkinson, David W; Tasson, Jay D

    2013-01-01

    The framework of the Standard-Model Extension (SME) provides a relativistic quantum field theory for the study of Lorentz violation. The classical, nonrelativistic equations of motion can be extracted as a limit that is useful in various scenarios. In this work, we consider the effects of certain SME coefficients for Lorentz violation on the motion of macroscopic objects having net intrinsic spin in the classical, nonrelativistic limit.

  8. Active Polar Two-Fluid Macroscopic Dynamics

    Science.gov (United States)

    Pleiner, Harald; Svensek, Daniel; Brand, Helmut R.

    2014-03-01

    We study the dynamics of systems with a polar dynamic preferred direction. Examples include the pattern-forming growth of bacteria (in a solvent, shoals of fish (moving in water currents), flocks of birds and migrating insects (flying in windy air). Because the preferred direction only exists dynamically, but not statically, the macroscopic variable of choice is the macroscopic velocity associated with the motion of the active units. We derive the macroscopic equations for such a system and discuss novel static, reversible and irreversible cross-couplings connected to this second velocity. We find a normal mode structure quite different compared to the static descriptions, as well as linear couplings between (active) flow and e.g. densities and concentrations due to the genuine two-fluid transport derivatives. On the other hand, we get, quite similar to the static case, a direct linear relation between the stress tensor and the structure tensor. This prominent ``active'' term is responsible for many active effects, meaning that our approach can describe those effects as well. In addition, we also deal with explicitly chiral systems, which are important for many active systems. In particular, we find an active flow-induced heat current specific for the dynamic chiral polar order.

  9. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

    Costa Reis, Martina; Wang, Yongqi; Bono Maurizio Sacchi Bassi, Adalberto

    2013-11-01

    A constitutive theory of reacting electrolyte mixtures is formulated. The intermolecular interactions among the constituents of the mixture are accounted for through additional freedom degrees to each constituent of the mixture. Balance equations for polar reacting continuum mixtures are accordingly formulated and a proper set of constitutive equations is derived with basis in the Müller-Liu formulation of the second law of thermodynamics. Moreover, the non-equilibrium and equilibrium responses of the reacting mixture are investigated in detail by emphasizing the inner and reactive structures of the medium. From the balance laws and constitutive relations, the effects of molecular structure of constituents upon the fluid flow are studied. It is also demonstrated that the local thermodynamic equilibrium state can be reached without imposing that the set of independent constitutive variables is time independent, neither spatially homogeneous nor null. The resulting constitutive relations presented throughout this work are of relevance to many practical applications, such as swelling of clays, developing of bio and polymeric membranes, and use of electrorheological fluids in industrial processes. The first author acknowledges financial support from National Counsel of Technological and Scientific Development (CNPq) and German Academic Exchange Service (DAAD).

  10. The second laws of quantum thermodynamics.

    Science.gov (United States)

    Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

    2015-03-17

    The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

  11. New constitutive model for the study of creeping solids

    Institute of Scientific and Technical Information of China (English)

    王世文; 杨兆建; 冯建玲

    2002-01-01

    In this paper, a incremental form of constitutive laws for creeping studies are proposed. The equations are based on the concept of creep hardening surface. Damage effects were introduced to the new constitutive relations to study solids creeping effects with pre-existing damages. The present formula is easy to be adopted into other numerical procedures such as finite element methods.

  12. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    be followed by all Muslims. This prophet teachesthe Muslims five basic rules they must strictly obey: prayer five times a day, gifts to the poor, faith inAllah, fasting in the month of Ramadan and pilgrimage to Mecca, at least once in a lifetime. The Koranexcludes the passage of laws by a legislative body, the divinity being the sole “authority” capable ofgoverning life in all its dimensions. However, on the other side, as it would have been expected due tothe old times when it was created, the Koran encouraged a series of injustices and limitations of thehuman rights, from a contemporary point of view; the Islamic law settled the inferiority of women inrelation to men. If in the 7th century the woman’s position in society was rather humble, the voice of theprophet Mohamed improved her condition, the woman becoming her husband’s “partner and closehelper”, and the development of the society led to the emancipation of the woman, especially due toexternal influences. After the beginning of the 19th century, the application area of the Sharia law wasreduced at first due to the western influence, but its proponents succeeded in reviving it, phenomenonknown as “the Islamic rebirth”. Thus, the penetration of modern education as well as the constitution ofnational States led to the acceptance of the introduction of the codes specific to the continental system.In some countries, the Islamic law was officially abolished – this is the case of Albany, Turkey and theformer USSR. International jurisdictions (Hague International Court, supranational (Strasbourg Courtof Human Rights, and even transnational ones (the one from Kosovo have already been created. In thelight of this international trend, legal systems interfere and tend towards external influence and evenglobalization. Given this context, we must mention the Universal Islamic Declaration of Human Rights(the 19th of September 1981, and the European Union – Islamic Conference Organization bilateralforum

  13. Lectures on Law Enforcement.

    Science.gov (United States)

    Nettleship, Lois

    Three lectures on law enforcement are presented that were prepared for study purposes at Johnson County Community College. The first lecture examines the fundamental ideas of the Age of Enlightenment and discusses their influence on the American Revolution, the United States Constitution, and the Bill of Rights. Major provisions of the Bill of…

  14. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  15. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  16. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  17. 价格垄断行为法律构成要件的多样性分析%Diversified Analysis of the Law Constitutive Elements about Price Monopoly

    Institute of Scientific and Technical Information of China (English)

    吴伟达

    2012-01-01

    price monopoly is a market management behaviour through the abuse of market dominance or dominant position in the transaction, or is that two or more operators control the market price, exclude price competition against other operators" and consumers" legitimate rights and interests through the conspiracy, collusion and other forms of manipulation. According to different criteria, the price monopolistic behavior can have different classifications. Therefore, the legal element regulation of the monopoly on the different types of price control behavior should be different. Of course, not all of the price monopolistic behavior should be regulated by law, and the legal system of exemption is equally important in the regulation of price monopolistic behavior.%价格垄断是指某个经营者通过滥用市场支配地位或交易中的优势地位,或两个以上的经营者通过合谋、串通等形式,操纵、控制市场价格,排挤价格竞争,侵害其他经营者和消费者合法权益的市场经营行为。根据不同标准,价格垄断行为可以作不同的分类,因此,法律上对不同种类的价格垄断行为其规制的构成要件也应是不同的。当然并不是所有的价格垄断行为都受到法律的规制,适用除外制度,在规制价格垄断行为中同样具有重要意义。

  18. Beyond the Economic Constitution

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    -twentieth century. In particular, the “turn to corporatism” in the interwar period implied an erosion of the fragile institutionalisation of legally-constituted public power due to its suspension of the legal infrastructure of society and the concomitant breakdown of the distinction between the public and private...... realms of society. The (trans-) national re-constitution of Western Europe in the years immediately after WWII, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe, together with the rest of the world, has...

  19. Coupling between Experimental Measurements and Finite Element Calculations for identification of crystallographic constitutive law. Application to zirconium alloys; Methode de couplage entre experimentations et simulations numeriques en vue de l'identification de lois de comportement intracristallin. Application aux alliages de zirconium

    Energy Technology Data Exchange (ETDEWEB)

    Dexet, M

    2006-10-15

    This thesis presents a methodology for multi scale coupling between the morphology and texture of a microstructure as has been characterised experimentally, and the results of mechanical strain field analysis. This methodology is based on a coupling between experimental characterisation of the microstructure, ex-situ mechanical tests, local strain field measurements performed at the grain scale, and finite element simulations. Then, a definition of a cost function is proposed in order to optimise the parameters of the crystallographic constitutive law. This method is applied to the studies of zirconium alloys in order to improve the understanding of their mechanical behaviour in relation with their microstructures, which is a key requirement for their use in the nuclear industries. This work was funded by the joint research program SMIRN between EDF, CEA and CNRS. (author)

  20. Nonlinear constitutive behavior of ferroelectric materials

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The ferroelectric specimen is considered as an aggregation of many randomly oriented domains. According to this mechanism,a multi-domain mechanical model is developed in this paper. Each domain is represented by one element. The applied stress and electric field are taken to be the stress and electric field in the formula of the driving force of domain switching for each element in the specimen. It means that the macroscopic switching criterion is used for calculating the volume fraction of domain switching for each element. By using the hardening relation between the driving force of domain switching and the volume fraction of domain switching calibrated,the volume fraction of domain switching for each element is calculated. Substituting the stress and electric field and the volume fraction of domain switching into the constitutive equation of ferroelectric material,one can easily get the strain and electric displacement for each element. The macroscopic behavior of the ferroelectric specimen is then directly calculated by volume averaging. Mean-while,the nonlinear finite element analysis for the ferroelectric specimen is carried out. In the finite element simulation,the volume fraction of domain switching for each element is calculated by using the same method mentioned above. The in-teraction between different elements is taken into account in the finite element simulation and the local stress and electric field for each element is obtained. The macroscopic behavior of the specimen is then calculated by volume averaging. The computation results involve the electric butterfly shaped curves of axial strain versus the axial electric field and the hysteresis loops of electric displacement versus the electric field for ferroelectric specimens under the uniaxial coupled stress and electric field loading. The present theoretical prediction agrees reasonably with the experimental results.

  1. CONSTITUTIONAL TRADITIONALISM IN THE ROBERTS COURT

    Directory of Open Access Journals (Sweden)

    Louis J Virelli III

    2011-05-01

    constitutional provisions considered by the Roberts Court were subjected to a traditionalist analysis, ranging from provisions pertaining to government power and structure to individual rights. Finally, the data show that although traditionalism is used more frequently by conservative Justices, it is nevertheless employed by all members of the Court in a wide variety of contexts. Although there is more to learn about traditionalism's role in the Court's constitutional jurisprudence, this evidence makes clear that, notwithstanding the normative controversy surrounding traditionalism, any future study of the workings of this Court, its members, or of the future direction of constitutional law in general must take traditionalism into account.

  2. A constitutional framework for private governance

    OpenAIRE

    2001-01-01

    Regulation is almost a synonym for public law. Government, relying on its sovereign powers, intervenes into freedom for the sake of social betterment. Reality less and less coincides with this traditional picture. Regulation is increasingly replaced by private or hybrid governance, i.e., by blends of private and public elements. Constitutional doctrine is not well prepared for the ensuing four-polar conflict. The four actors are government, the private regulator, its addressees, and the prote...

  3. Crushed Salt Constitutive Model

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.

    1999-02-01

    The constitutive model used to describe the deformation of crushed salt is presented in this report. Two mechanisms -- dislocation creep and grain boundary diffusional pressure solution -- are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. Upon complete consolidation, the crushed-salt model reproduces the Multimechanism Deformation (M-D) model typically used for the Waste Isolation Pilot Plant (WIPP) host geological formation salt. New shear consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on WIPP and southeastern New Mexico salt. Nonlinear least-squares model fitting to the database produced two sets of material parameter values for the model -- one for the shear consolidation tests and one for a combination of the shear and hydrostatic consolidation tests. Using the parameter values determined from the fitted database, the constitutive model is validated against constant strain-rate tests. Shaft seal problems are analyzed to demonstrate model-predicted consolidation of the shaft seal crushed-salt component. Based on the fitting statistics, the ability of the model to predict the test data, and the ability of the model to predict load paths and test data outside of the fitted database, the model appears to capture the creep consolidation behavior of crushed salt reasonably well.

  4. Sexuality and the Constitution.

    Science.gov (United States)

    Copelon, Rhonda

    1987-01-01

    Argues for abortion rights and protection of intimate decisions and relationships. Describes the role and position of women in eighteenth century American society as a means of exposing the fallacy of the anti-abortion movement's insistence on adherence to constitutional text. Discusses the recent attempts to overturn the Roe v. Wade ruling. (PS)

  5. The Constitutional Heritage.

    Science.gov (United States)

    Baxter, Maurice

    Changing political, social, economic, and intellectual conditions over the past two hundred years have demanded innovation and adjustment of legal doctrine, thus giving the United States Constitution a character which the framers of the document could not have predicted. Historically, one must not only understand developments since 1787 but also…

  6. Communicative Constitution of Organizations

    DEFF Research Database (Denmark)

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

    The notion of the communicative constitution of organizations (CCO) is at the center of a growing theoretical development within organizational communication studies. CCO scholarship is based on the idea that organization emerges in and is sustained and transformed by communication. This entry pr...

  7. ~Ylectoral Systems, Constitutionalism

    African Journals Online (AJOL)

    strongly that for democratic governance and constitutionalism to be nurtured and consolidated, SADC states need to 'undergo deliberate electoral system ...... either nmke or hrez1l< the seen1ing_|y emergent tW0—pm"ty ((t|.1opoiy) system in.

  8. The Constitution in Action

    Science.gov (United States)

    Potter, Lee Ann

    2007-01-01

    In this article, the author describes the experiences middle school students on a field trip to the new Constitution in Action Learning Lab in the Boeing Learning Center at the National Archives can expect. There, middle school students take on the roles of archivists and researchers collecting and analyzing primary sources from the holdings of…

  9. The Constitution of Partnering

    DEFF Research Database (Denmark)

    Gottlieb, Stefan Christoffer

    The constitution of partnering. Afhandlingen behandler konstitueringen af ledelseskonceptet partnering og dets anvendelse i dansk byggeri. Partnering er et udbredt koncept i byggeriet som betoner samarbejde, tillid og gensidighed mellem de deltagende parter, og konceptet har de senere år har været...

  10. RECEPTING THE PRINCIPLE OF SUPREMACY OF CONSTITUTION ON THE NEW PENAL CODE

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2016-07-01

    Full Text Available The supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. Entering into force of the new criminal codes generated a significant jurisprudence of the Constitutional Court on the verification of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. Through this study we intend to analyze the following key issues: a how were the constitutional principles and values embodied in some criminal and criminal procedural norms of the new codes; b the effects of Constitutional Court decisions in the process of constitutionalizing of the criminal law; c applying into judicial activities of the Constitutional Court decisions, particularly those through which the new Criminal Code regulations were found unconstitutional.

  11. RECEPTING THE PRINCIPLE OF SUPREMACY OF CONSTITUTION ON THE NEW PENAL CODE

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2016-07-01

    Full Text Available The supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. Entering into force of the new criminal codes generated a significant jurisprudence of the Constitutional Court on the verification of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. Through this study we intend to analyze the following key issues: a how were the constitutional principles and values embodied in some criminal and criminal procedural norms of the new codes; b the effects of Constitutional Court decisions in the process of constitutionalizing of the criminal law; c applying into judicial activities of the Constitutional Court decisions, particularly those through which the new Criminal Code regulations were found unconstitutional.

  12. Rainbow correlation imaging with macroscopic twin beam

    Science.gov (United States)

    Allevi, Alessia; Bondani, Maria

    2017-06-01

    We present the implementation of a correlation-imaging protocol that exploits both the spatial and spectral correlations of macroscopic twin-beam states generated by parametric downconversion. In particular, the spectral resolution of an imaging spectrometer coupled to an EMCCD camera is used in a proof-of-principle experiment to encrypt and decrypt a simple code to be transmitted between two parties. In order to optimize the trade-off between visibility and resolution, we provide the characterization of the correlation images as a function of the spatio-spectral properties of twin beams generated at different pump power values.

  13. Fingerprint Feature Extraction Based on Macroscopic Curvature

    Institute of Scientific and Technical Information of China (English)

    Zhang Xiong; He Gui-ming; Zhang Yun

    2003-01-01

    In the Automatic Fingerprint Identification System (AFIS), extracting the feature of fingerprint is very important. The local curvature of ridges of fingerprint is irregular, so people have the barrier to effectively extract the fingerprint curve features to describe fingerprint. This article proposes a novel algorithm; it embraces information of few nearby fingerprint ridges to extract a new characteristic which can describe the curvature feature of fingerprint. Experimental results show the algorithm is feasible, and the characteristics extracted by it can clearly show the inner macroscopic curve properties of fingerprint. The result also shows that this kind of characteristic is robust to noise and pollution.

  14. Fingerprint Feature Extraction Based on Macroscopic Curvature

    Institute of Scientific and Technical Information of China (English)

    Zhang; Xiong; He; Gui-Ming; 等

    2003-01-01

    In the Automatic Fingerprint Identification System(AFIS), extracting the feature of fingerprint is very important. The local curvature of ridges of fingerprint is irregular, so people have the barrier to effectively extract the fingerprint curve features to describe fingerprint. This article proposes a novel algorithm; it embraces information of few nearby fingerprint ridges to extract a new characterstic which can describe the curvature feature of fingerprint. Experimental results show the algorithm is feasible, and the characteristics extracted by it can clearly show the inner macroscopic curve properties of fingerprint. The result also shows that this kind of characteristic is robust to noise and pollution.

  15. Macroscopic Quantum Criticality in a Circuit QED

    CERN Document Server

    Wang, Y D; Nori, F; Quan, H T; Sun, C P; Liu, Yu-xi; Nori, Franco

    2006-01-01

    Cavity quantum electrodynamic (QED) is studied for two strongly-coupled charge qubits interacting with a single-mode quantized field, which is provided by a on-chip transmission line resonator. We analyze the dressed state structure of this superconducting circuit QED system and the selection rules of electromagnetic-induced transitions between any two of these dressed states. Its macroscopic quantum criticality, in the form of ground state level crossing, is also analyzed, resulting from competition between the Ising-type inter-qubit coupling and the controllable on-site potentials.

  16. Macroscopic fluctuations theory of aerogel dynamics

    CERN Document Server

    Lefevere, Raphael; Zambotti, Lorenzo

    2010-01-01

    We consider extensive deterministic dynamics made of $N$ particles modeling aerogels under a macroscopic fluctuation theory description. By using a stochastic model describing those dynamics after a diffusive rescaling, we show that the functional giving the exponential decay in $N$ of the probability of observing a given energy and current profile is not strictly convex as a function of the current. This behaviour is caused by the fact that the energy current is carried by particles which may have arbitrary low speed with sufficiently large probability.

  17. Institute of constitutional revision in the Constitution of the Republic of Albania, comparative view

    Directory of Open Access Journals (Sweden)

    Makbule Çeço

    2014-07-01

    Full Text Available In its very dynamic essence, a democratic society bears the need for continuous reformation and perfection, and that is why the application of reforms represents an inseparable feature for this type of society. The consolidation of the rule of law, the institutional independence, and the cause of justice itself comprise, inter alia, the need for constitutional revision. This study puts forward a theoretical-historical comparative view of the relevant and dynamic issue of the institute of constitutional revision in the framework of the Constitution of the Republic of Albania, as a complex process accompanied by limitations on constitutional revision. The historical evolution of constitutional drafting, modern constitutions, relevant issues, political and social circumstances as well as drafting and adoption procedures, dynamism of constitutions to cope with the course of time achieved by revisions for the purpose of their stability as well as consolidation of the role of constitutions as a factor that facilitates and precedes social development, comprise the pillar of this study addressed in a comparative point of view.

  18. Constitutionalism without Governance

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    2012-01-01

    endeavour to strengthen the role of international legal standards in the courts and, more broadly, the political life of societies emerging from violent conflict. Virtually all stabilisation missions contain today important rule of law components, a shift in emphasis that is mirrored in bilateral financial...

  19. Spin models as microfoundation of macroscopic market models

    Science.gov (United States)

    Krause, Sebastian M.; Bornholdt, Stefan

    2013-09-01

    Macroscopic price evolution models are commonly used for investment strategies. There are first promising achievements in defining microscopic agent based models for the same purpose. Microscopic models allow a deeper understanding of mechanisms in the market than the purely phenomenological macroscopic models, and thus bear the chance for better models for market regulation. However microscopic models and macroscopic models are commonly studied separately. Here, we exemplify a unified view of a microscopic and a macroscopic market model in a case study, deducing a macroscopic Langevin equation from a microscopic spin market model closely related to the Ising model. The interplay of the microscopic and the macroscopic view allows for a better understanding and adjustment of the microscopic model, as well, and may guide the construction of agent based market models as basis of macroscopic models.

  20. A survey of unified constitutive theories

    Science.gov (United States)

    Chan, K. S.; Lindholm, U. S.; Bodner, S. R.; Walker, K. P.

    1985-01-01

    The state of the art of time temperature dependent elastic viscoplastic constitutive theories which are based on the unified approach werre assessed. This class of constitutive theories is characterized by the use of kinetic equations and internal variables with appropriate evolutionary equations for treating all aspects of inelastic deformation including plasticity, creep, and stress relaxation. More than 10 such unified theories which are shown to satisfy the uniqueness and stability criteria imposed by Drucker's postulate and Ponter's inequalities are identified. The theories are compared for the types of flow law, kinetic equation, evolutionary equation of the internal variables, and treatment of temperature dependence. The similarities and differences of these theories are outlined in terms of mathematical formulations and illustrated by comparisons of theoretical calculations with experimental results which include monotonic stress-strain curves, cyclic hysteresis loops, creep and stress relaxation rates, and thermomechanical loops. Numerical methods used for integrating these stiff time temperature dependent constitutive equations are reviewed.

  1. Constitutional Struggles in the Muslim World

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    2013-01-01

    About this Course: Learn what motivates the restive Muslim youth from Tunis to Tehran, what political positions Islamists from Mali to Chechnya are fighting for, where the seeming obsession with Islamic law comes from, where the secularists have vanished to, and whether it makes sense to speak......, but been convulsed by internal unrest, economic and social decline. Throughout the Muslim lands, existing constitutional arrangements are being challenged, often very violently. This course is a survey of the constitutional ideas and institutions that have developed since the mid 19th century throughout...... and political developments of the 20th and 21st centuries. Three common themes will characterise the course:  We privilege the study of the legal and social reality and seek to highlight where it is at odds with dogmatic stipulations, be they religious or constitutional.  We seek to illustrate the practical...

  2. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  3. The Constitutionality of DNA Sampling of Arrestees

    Directory of Open Access Journals (Sweden)

    Anip Patel

    2012-12-01

    Full Text Available This article addresses whether the DNA Act (which requires DNA samples from arrestees passes constitutional muster. I argue that the act is constitutional and that if society believes the collection of DNA from arrestees violates an individual’s privacy, it should seek legislative resolution and not seek the protection of the Fourth Amendment of the Constitution. Throughout my analysis, I demonstrate why DNA collection is constitutional and how it is necessary. Part I of this article examines the history of DNA sampling, case law establishing an arrestee’s expectation of privacy, and the applicable Fourth Amendment tests. Part II examines the arguments for and against DNA sampling by considering case law at the state and federal level, and explores the significance of junk DNA and the treatment of abandoned DNA. Part III is the personal analysis section, which argues that the totality of circumstances test is the proper test. I apply the test to determine that there is minimal intrusion of an arrestee’s expectation of privacy through DNA sampling, a legitimate governmental interest, and that warrants are unnecessary. Further, the section demonstrates why DNA sampling is a natural progression from fingerprint collection, and the section analyzes abandoned DNA and DNA sampling. Part IV concludes the article by stating that the Fourth Amendment is not violated and that society must turn to Congress to seek greater protection.

  4. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  5. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  6. Macroscopic theory for capillary-pressure hysteresis.

    Science.gov (United States)

    Athukorallage, Bhagya; Aulisa, Eugenio; Iyer, Ram; Zhang, Larry

    2015-03-03

    In this article, we present a theory of macroscopic contact angle hysteresis by considering the minimization of the Helmholtz free energy of a solid-liquid-gas system over a convex set, subject to a constant volume constraint. The liquid and solid surfaces in contact are assumed to adhere weakly to each other, causing the interfacial energy to be set-valued. A simple calculus of variations argument for the minimization of the Helmholtz energy leads to the Young-Laplace equation for the drop surface in contact with the gas and a variational inequality that yields contact angle hysteresis for advancing/receding flow. We also show that the Young-Laplace equation with a Dirichlet boundary condition together with the variational inequality yields a basic hysteresis operator that describes the relationship between capillary pressure and volume. We validate the theory using results from the experiment for a sessile macroscopic drop. Although the capillary effect is a complex phenomenon even for a droplet as various points along the contact line might be pinned, the capillary pressure and volume of the drop are scalar variables that encapsulate the global quasistatic energy information for the entire droplet. Studying the capillary pressure versus volume relationship greatly simplifies the understanding and modeling of the phenomenon just as scalar magnetic hysteresis graphs greatly aided the modeling of devices with magnetic materials.

  7. Conservation Laws for Coupled Hydro-mechanical Processes in Unsaturated Porous Media: Theory and Implementation

    Energy Technology Data Exchange (ETDEWEB)

    Borja, R I; White, J A

    2010-02-19

    We develop conservation laws for coupled hydro-mechanical processes in unsaturated porous media using three-phase continuum mixture theory. From the first law of thermodynamics, we identify energy-conjugate variables for constitutive modeling at macroscopic scale. Energy conjugate expressions identified relate a certain measure of effective stress to the deformation of the solid matrix, the degree of saturation to the matrix suction, the pressure in each constituent phase to the corresponding intrinsic volume change of this phase, and the seepage forces to the corresponding pressure gradients. We then develop strong and weak forms of boundary-value problems relevant for 3D finite element modeling of coupled hydro-mechanical processes in unsaturated porous media. The paper highlights a 3D numerical example illustrating the advances in the solution of large-scale coupled finite element systems, as well as the challenges in developing more predictive tools satisfying the basic conservation laws and the observed constitutive responses for unsaturated porous materials.

  8. Quantum correlations of lights in macroscopic environments

    Science.gov (United States)

    Sua, Yong Meng

    This dissertation presents a detailed study in exploring quantum correlations of lights in macroscopic environments. We have explored quantum correlations of single photons, weak coherent states, and polarization-correlated/polarization-entangled photons in macroscopic environments. These included macroscopic mirrors, macroscopic photon number, spatially separated observers, noisy photons source and propagation medium with loss or disturbances. We proposed a measurement scheme for observing quantum correlations and entanglement in the spatial properties of two macroscopic mirrors using single photons spatial compass state. We explored the phase space distribution features of spatial compass states, such as chessboard pattern by using the Wigner function. The displacement and tilt correlations of the two mirrors were manifested through the propensities of the compass states. This technique can be used to extract Einstein-Podolsky-Rosen correlations (EPR) of the two mirrors. We then formulated the discrete-like property of the propensity P b(m,n), which can be used to explore environmental perturbed quantum jumps of the EPR correlations in phase space. With single photons spatial compass state, the variances in position and momentum are much smaller than standard quantum limit when using a Gaussian TEM 00 beam. We observed intrinsic quantum correlations of weak coherent states between two parties through balanced homodyne detection. Our scheme can be used as a supplement to decoy-state BB84 protocol and differential phase-shift QKD protocol. We prepared four types of bipartite correlations +/- cos2(theta1 +/- theta 2) that shared between two parties. We also demonstrated bits correlations between two parties separated by 10 km optical fiber. The bits information will be protected by the large quantum phase fluctuation of weak coherent states, adding another physical layer of security to these protocols for quantum key distribution. Using 10 m of highly nonlinear

  9. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2007-12-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  10. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2008-01-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  11. Transport processes in macroscopically disordered media from mean field theory to percolation

    CERN Document Server

    Snarskii, Andrei A; Sevryukov, Vladimir A; Morozovskiy, Alexander; Malinsky, Joseph

    2016-01-01

    This book reflects on recent advances in the understanding of percolation systems to present a wide range of transport phenomena in inhomogeneous disordered systems. Further developments in the theory of macroscopically inhomogeneous media are also addressed. These developments include galvano-electric, thermoelectric, elastic properties, 1/f noise and higher current momenta, Anderson localization, and harmonic generation in composites in the vicinity of the percolation threshold. The book describes how one can find effective characteristics, such as conductivity, dielectric permittivity, magnetic permeability, with knowledge of the distribution of different components constituting an inhomogeneous medium. Considered are a wide range of recent studies dedicated to the elucidation of physical properties of macroscopically disordered systems. Aimed at researchers and advanced students, it contains a straightforward set of useful tools which will allow the reader to derive the basic physical properties of compli...

  12. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  13. LETTERS AND COMMENTS: Adiabatic process reversibility: microscopic and macroscopic views

    Science.gov (United States)

    Anacleto, Joaquim; Pereira, Mário G.

    2009-05-01

    The reversibility of adiabatic processes was recently addressed by two publications. In the first (Miranda 2008 Eur. J. Phys. 29 937-43), an equation was derived relating the initial and final volumes and temperatures for adiabatic expansions of an ideal gas, using a microscopic approach. In that relation the parameter r accounts for the process reversibility, ranging between 0 and 1, which corresponds to the free and reversible expansion, respectively. In the second (Anacleto and Pereira 2009 Eur. J. Phys. 30 177-83), the authors have shown that thermodynamics can effectively and efficiently be used to obtain the general law for adiabatic processes carried out by an ideal gas, including compressions, for which r \\ge 1. The present work integrates and extends the aforementioned studies, providing thus further insights into the analysis of the adiabatic process. It is shown that Miranda's work is wholly valid for compressions. In addition, it is demonstrated that the adiabatic reversibility coefficient given in terms of the piston velocity and the root mean square velocity of the gas particles is equivalent to the macroscopic description, given just by the quotient between surroundings and system pressure values.

  14. The Constitution in Other Lands.

    Science.gov (United States)

    Bill of Rights in Action, 1987

    1987-01-01

    Designed for classroom teaching, this document contains articles on the new constitutions of Japan, South Korea, and the Philippine Islands which were modeled in part on the U.S. Constitution. These countries' experiences with constitutional government are examined, and whether or not the U.S. Constitution can be a suitable model for other…

  15. Pragmatism, Holism, and the Concept of Law

    NARCIS (Netherlands)

    A.M. Dyrda (Adam)

    2015-01-01

    textabstractWhen discussing O. W. Holmes’s answer to the question What constitutes the law? Morton White underlines the fact that Holmes’s inquiry didn’t focus on developing the concept of law. White states: ‘...Holmes said little in The Path of the Law about the notion of legal authority, perhaps b

  16. Macroscopic Quantum Coherence in Antiferromagnetic Molecular Magnets

    Institute of Scientific and Technical Information of China (English)

    HU Hui; LO Rong; ZHU Jia-Lin; XIONG Jia-Jiong

    2001-01-01

    The macroscopic quantum coherence in a biaxial antiferromagnetic molecular magnet in the presence of magnetic field acting parallel to its hard anisotropy axis is studied within the two-sublattice model. On the basis of instanton technique in the spin-coherent-state path-integral representation, both the rigorous Wentzel-Kramers-Brillouin exponent and pre-exponential factor for the ground-state tunnel splitting are obtained. We find that the quantum fluctuations around the classical paths can not only induce a new quantum phase previously reported by Chiolero and Loss (Phys. Rev. Lett. 80 (1998) 169), but also have great influence on the intensity of the ground-state tunnel splitting. Those features clearly have no analogue in the ferromagnetic molecular magnets. We suggest that they may be the universal behaviors in all antiferromagnetic molecular magnets. The analytical results are complemented by exact diagonalization calculation.

  17. Micro- and macroscopic simulation of periodic metamaterials

    Directory of Open Access Journals (Sweden)

    R. Schuhmann

    2008-05-01

    Full Text Available In order to characterize three-dimensional, left-handed metamaterials (LHM we use electromagnetic field simulations of unit cells. For waves traveling in one of the main directions of the periodic LHM-arrays, the analysis is concentrated on the calculation of global quantities of the unit cells, such as scattering parameters or dispersion diagrams, and a careful interpretation of the results. We show that the concept of equivalent material values – which may be negative in a narrow frequency range – can be validated by large "global" simulations of a wedge structure. We also discuss the limitations of this concept, since in some cases the macroscopic behavior of an LHM cannot be accurately described by equivalent material values.

  18. Microscopic versus macroscopic calculation of dielectric nanospheres

    Science.gov (United States)

    Kühn, M.; Kliem, H.

    2008-12-01

    The issue of nanodielectrics has recently become an important field of interest. The term describes nanometric dielectrics, i. e. dielectric materials with structural dimensions typically smaller than 100 run. In contrast to the behaviour of a bulk material the nanodielectrics can behave completely different. With shrinking dimensions the surface or rather boundary effects outweigh the volume effects. This leads to a different observable physics at the nanoscale. A crucial point is the question whether a continuum model for the calculation of dielectric properties is still applicable for these nanomaterials. In order to answer this question we simulated dielectric nanospheres with a microscopic local field method and compared the results to the macroscopic mean field theory.

  19. Partitioning a macroscopic system into independent subsystems

    Science.gov (United States)

    Delle Site, Luigi; Ciccotti, Giovanni; Hartmann, Carsten

    2017-08-01

    We discuss the problem of partitioning a macroscopic system into a collection of independent subsystems. The partitioning of a system into replica-like subsystems is nowadays a subject of major interest in several fields of theoretical and applied physics. The thermodynamic approach currently favoured by practitioners is based on a phenomenological definition of an interface energy associated with the partition, due to a lack of easily computable expressions for a microscopic (i.e. particle-based) interface energy. In this article, we outline a general approach to derive sharp and computable bounds for the interface free energy in terms of microscopic statistical quantities. We discuss potential applications in nanothermodynamics and outline possible future directions.

  20. Casimir effect from macroscopic quantum electrodynamics

    Energy Technology Data Exchange (ETDEWEB)

    Philbin, T G, E-mail: tgp3@st-andrews.ac.uk [School of Physics and Astronomy, University of St Andrews, North Haugh, St Andrews, Fife KY16 9SS (United Kingdom)

    2011-06-15

    The canonical quantization of macroscopic electromagnetism was recently presented in (Philbin 2010 New J. Phys. 12 123008). This theory is used here to derive the Casimir effect, by considering the special case of thermal and zero-point fields. The stress-energy-momentum tensor of the canonical theory follows from Noether's theorem, and its electromagnetic part in thermal equilibrium gives the Casimir energy density and stress tensor. The results hold for arbitrary inhomogeneous magnetodielectrics and are obtained from a rigorous quantization of electromagnetism in dispersive, dissipative media. Continuing doubts about the status of the standard Lifshitz theory as a proper quantum treatment of Casimir forces do not apply to the derivation given here. Moreover, the correct expressions for the Casimir energy density and stress tensor inside media follow automatically from the simple restriction to thermal equilibrium, without the need for complicated thermodynamical or mechanical arguments.

  1. Taming macroscopic jamming in transportation networks

    CERN Document Server

    Ezaki, Takahiro; Nishinari, Katsuhiro

    2015-01-01

    In transportation networks, a spontaneous jamming transition is often observed, e.g in urban road networks and airport networks. Because of this instability, flow distribution is significantly imbalanced on a macroscopic level. To mitigate the congestion, we consider a simple control method, in which congested nodes are closed temporarily, and investigate how it influences the overall system. Depending on the timing of the node closure and opening, and congestion level of a network, the system displays three different phases: free-flow phase, controlled phase, and deadlock phase. We show that when the system is in the controlled phase, the average flow is significantly improved, whereas when in the deadlock phase, the flow drops to zero. We study how the control method increases the network flow and obtain their transition boundary analytically.

  2. Black Holes and Quantumness on Macroscopic Scales

    CERN Document Server

    Flassig, D; Wintergerst, N

    2012-01-01

    It has recently been suggested that black holes may be described as condensates of weakly interacting gravitons at a critical point, exhibiting strong quantum effects. In this paper, we study a model system of attractive bosons in one spatial dimension which is known to undergo a quantum phase transition. We demonstrate explicitly that indeed quantum effects are important at the critical point, even if the number of particles is macroscopic. Most prominently, we evaluate the entropy of entanglement between different momentum modes and observe it to become maximal at the critical point. Furthermore, we explicitly see that the leading entanglement is between long wavelength modes and is hence a feature independent of ultraviolet physics. If applicable to black holes, our findings substantiate the conjectured breakdown of semiclassical physics even for large black holes. This can resolve long standing mysteries, such as the information paradox and the no-hair theorem.

  3. Variability of macroscopic dimensions of Moso bamboo.

    Science.gov (United States)

    Cui, Le; Peng, Wanxi; Sun, Zhengjun; Sun, Zhengjun; Sun, Zhengjun; Lu, Huangfei; Chen, Guoning

    2015-03-01

    In order to the macroscopic geometry distributions of vascular bundles in Moso bamboo tubes. The circumference of bamboo tubes was measured, used a simple quadratic diameter formula to analyze the differences between the tubes in bamboo culm, and the arrangement of vascular bundles was investigated by cross sectional images of bamboo tubes. The results shown that the vascular bundles were differently distributed in a bamboo tube. In the outer layer, the vascular bundles had a variety of shapes, and were aligned parallel to each other. In the inner layers, the vascular bundles weren't aligned but uniform in shape. It was concluded that the vascular bundle sections arranged in parallel should be separated from the non-parallel sections for the maximum bamboo utilization.

  4. Robust macroscopic entanglement without complex encodings

    CERN Document Server

    Chaves, Rafael; Acín, Antonio

    2011-01-01

    One of the main challenges for the experimental manipulation and storage of macroscopic entanglement is its fragility under noise. We present a simple recipe for the systematic enhancement of the resistance of multipartite entanglement against any local noise with a privileged direction in the Bloch sphere. For the case of exact local dephasing along any given basis, and for all noise strengths, our prescription grants full robustness: even states whose entanglement decays exponentially with the number of parts are mapped to states whose entanglement is constant. In contrast to previous techniques resorting to complex logical-qubit encodings, such enhancement is attained simply by performing local unitary rotations before the noise acts. The scheme is therefore highly experimentally-friendly, as it brings no overhead of extra physical qubits to encode logical ones. In addition, we show that, apart from entanglement, the resilience of the states as resources for useful practical tasks such as metrology and non...

  5. Macroscopic Quantum Coherence in Antiferromagnetic Molecular Magnets

    Institute of Scientific and Technical Information of China (English)

    HUHui; LURong; 等

    2001-01-01

    The macroscopic quantum coherence in a biaxial antiferromagnetic molecular magnet in the presence of magnetic field acting parallel to its hard anisotropy axis is studied within the two-sublattice model.On the basis of instanton technique in the spin-coherent-state path-integral representation,both the rigorous Wentzel-Kramers-Brillouin exponent and pre-exponential factor for the ground-state tunnel splitting are obtained.We find that the quantum fluctuations around the classical paths can not only induce a new quantum phase previously reported by Chiolero and Loss (Phys.Rev.Lett.80(1998)169),but also have great influence on the intensity of the ground-state tunnel splitting.Those features clearly have no analogue in the ferromagnetic molecular magnets.We suggest that they may be the universal behaviors in all antiferromagnetic molecular magnets.The analytical results are complemented by exact diagonalization calculation.

  6. The relation between a microscopic threshold-force model and macroscopic models of adhesion

    Science.gov (United States)

    Hulikal, Srivatsan; Bhattacharya, Kaushik; Lapusta, Nadia

    2017-01-01

    This paper continues our recent work on the relationship between discrete contact interactions at the microscopic scale and continuum contact interactions at the macroscopic scale (Hulikal et al., J. Mech. Phys. Solids 76, 144-161, 2015). The focus of this work is on adhesion. We show that a collection of a large number of discrete elements governed by a threshold-force based model at the microscopic scale collectively gives rise to continuum fracture mechanics at the macroscopic scale. A key step is the introduction of an efficient numerical method that enables the computation of a large number of discrete contacts. Finally, while this work focuses on scaling laws, the methodology introduced in this paper can also be used to study rough-surface adhesion.

  7. Thermal extraction: enhancing thermal emission of finite size macroscopic blackbody to far-field vacuum

    CERN Document Server

    Yu, Zongfu; Zhang, Torbjorn Skauli Gang; Wang, Hailiang; Fan, Shanhui

    2012-01-01

    The understanding of far-field thermal radiation had directly led to the discovery of quantum mechanics a century ago, and is of great current practical importance for applications in energy conversions, radiative cooling, and thermal control. It is commonly assumed that for any macroscopic thermal emitter, its maximal emitted power within any given frequency range cannot exceed that of a blackbody with the same surface area. In contrast to such conventional wisdom, here we propose, and experimentally demonstrate, that the emitted power from a finite size macroscopic blackbody to far field vacuum can be significantly enhanced, within the constraint of the second law of thermodynamics. To achieve such an enhancement, the thermal body needs to have internal electromagnetic density of states (DOS) greater than that of vacuum, and one needs to provide a thermal extraction mechanism to enable the contributions of all internal modes to far field radiation.

  8. Determining the Macroscopic Properties of Relativistic Jets

    Science.gov (United States)

    Hardee, P. E.

    2004-08-01

    The resolved relativistic jets contain structures whose observed proper motions are typically assumed to indicate the jet flow speed. In addition to structures moving with the flow, various normal mode structures such as pinching or helical and elliptical twisting can be produced by ejection events or twisting perturbations to the jet flow. The normal mode structures associated with relativistic jets, as revealed by numerical simulation, theoretical calculation, and suggested by observation, move more slowly than the jet speed. The pattern speed is related to the jet speed by the sound speed in the jet and in the surrounding medium. In the event that normal mode structures are observed, and where proper motions of pattern and flow speed are available or can be estimated, it is possible to determine the sound speed in the jet and surrounding medium. Where spatial development of normal mode structures is observed, it is possible to make inferences as to the heating rate/macroscopic viscosity of the jet fluid. Ultimately it may prove possible to separate the microscopic energization of the synchrotron radiating particles from the macroscopic heating of the jet fluid. Here I present the relevant properties of useful normal mode structures and illustrate the use of this technique. Various aspects of the work presented here have involved collaboration with I. Agudo (Max-Planck, Bonn), M.A. Aloy (Max-Planck, Garching), J. Eilek (NM Tech), J.L. Gómez (U. Valencia), P. Hughes (U. Michigan), A. Lobanov (Max-Planck, Bonn), J.M. Martí (U. Valencia), & C. Walker (NRAO).

  9. Enslaved Constitution: Obstructing the Freedom to Travel

    Directory of Open Access Journals (Sweden)

    Mitchell F. Crusto

    2008-04-01

    Full Text Available Does the Constitution protect a citizen’s intra-state travel (within a state from unjustified state prohibition? To date, the Supreme Court has not ruled directly on the issue, and many federal courts believe that the right to intrastate travel is not constitutionally protected. This Article explores the constitutional right of intra-state travel that is free from wrongful state infringement along public roadways by law-abiding citizens. Using critical legal history, this Article poses that federal courts’ denial of the right to intrastate travel consciously or unconsciously reflects the antebellum, Southern legal doctrine of people as property, which regulated the travel of enslaved African descendants.The constitutionality of intra-state travel arose most recently during the Hurricane Katrina Crisis when the City of Greta, Louisiana police barricaded a federal highway, denying would-be evacuees the ability to flee from the flooding City of New Orleans. In an ensuing action for infringement of the would-be evacuees’ constitutional right to intra-state travel, Federal District Judge Mary Ann Vial Lemmon dismissed the matter in Dickerson v. City of Gretna, holding that “[w]hile there is no doubt that a fundamental right of interstate travel exists, the Supreme Court has not ruled on whether a right of intra[-]state travel exists. This Court declines to find that there is a fundamental right to intra[-]state travel.” The Fifth Circuit affirmed the ruling.This Article recommends that when federal courts assess whether there is a constitutional right to intra-state travel, they should embrace the American paradigm of liberty and abandon the antebellum, Southern paradigm of enslavement. Consistent with Professor Derrick Bell’s “interestconvergence” principle, all Americans benefit when the Constitution protects the human rights of the least powerful American.

  10. Constitutional and legal implications of arms control verification technologies

    Energy Technology Data Exchange (ETDEWEB)

    Tanzman, E.A.; Haffenden, R.

    1992-09-01

    United States law can both help and hinder the use of instrumentation as a component of arms control verification in this country. It can foster the general use of sophisticated verification technologies, where such devices are consistent with the value attached to privacy by the Fourth Amendment to the United States Constitution. On the other hand, law can hinder reliance on devices that cross this constitutional line, or where such technology itself threatens health, safety, or environment as such threats are defined in federal statutes. The purpose of this conference paper is to explain some of the lessons that have been learned about the relationship between law and verification technologies in the hope that law can help more than hinder. This paper has three parts. In order to start with a common understanding, part I will briefly describe the hierarchy of treaties, the Constitution, federal statutes, and state and local laws. Part 2 will discuss how the specific constitutional requirement that the government respect the right of privacy in all of its endeavors may affect the use of verification technologies. Part 3 will explain the environmental law constraints on verification technology as exemplified by the system of on-site sampling embodied in the current Rolling Text of the Draft Chemical Weapons Convention.

  11. Micromechanics and constitutive modeling of connective soft tissues.

    Science.gov (United States)

    Fallah, A; Ahmadian, M T; Firozbakhsh, K; Aghdam, M M

    2016-07-01

    In this paper, a micromechanical model for connective soft tissues based on the available histological evidences is developed. The proposed model constituents i.e. collagen fibers and ground matrix are considered as hyperelastic materials. The matrix material is assumed to be isotropic Neo-Hookean while the collagen fibers are considered to be transversely isotropic hyperelastic. In order to take into account the effects of tissue structure in lower scales on the macroscopic behavior of tissue, a strain energy density function (SEDF) is developed for collagen fibers based on tissue hierarchical structure. Macroscopic response and properties of tissue are obtained using the numerical homogenization method with the help of ABAQUS software. The periodic boundary conditions and the proposed constitutive models are implemented into ABAQUS using the DISP and the UMAT subroutines, respectively. The existence of the solution and stable material behavior of proposed constitutive model for collagen fibers are investigated based on the poly-convexity condition. Results of the presented micromechanics model for connective tissues are compared and validated with available experimental data. Effects of geometrical and material parameters variation at microscale on macroscopic mechanical behavior of tissues are investigated. The results show that decrease in collagen content of the connective tissues like the tendon due to diseases leads 20% more stretch than healthy tissue under the same load which can results in connective tissue malfunction and hypermobility in joints.

  12. The right to work: transition from free dismissal to guaranteed constitutional right

    Directory of Open Access Journals (Sweden)

    Alfredo Villavicencio Ríos

    2013-12-01

    Full Text Available After presenting the evolution of labor stability law in Peru, public and private scopes of the right to work are described allowing the Constitutional Court redefine dismissal regime (working stability of exit, in general, and specifying temporary recruitment regime (working stability of entry. Redefinition of dismissal legal framework is analyzed from constitutional and judicial case law stressing solved and pending issues.

  13. Observability of relative phases of macroscopic quantum states

    CERN Document Server

    Pati, A K

    1998-01-01

    After a measurement, to observe the relative phases of macroscopically distinguishable states we have to ``undo'' a quantum measurement. We generalise an earlier model of Peres from two state to N-state quantum system undergoing measurement process and discuss the issue of observing relative phases of different branches. We derive an inequality which is satisfied by the relative phases of macroscopically distinguishable states and consequently any desired relative phases can not be observed in interference setups. The principle of macroscopic complementarity is invoked that might be at ease with the macroscopic world. We illustrate the idea of limit on phase observability in Stern-Gerlach measurements and the implications are discussed.

  14. Prospects of the Constitutional State of Indonesia: Ideas and Reality

    Directory of Open Access Journals (Sweden)

    Hamdan Zoelva

    2015-08-01

    Full Text Available Indonesia since its inception has asserted itself as a constitutional state. It may be inferred through the clear regulation related to powers and functions of each state institution in the form of checks and balances system, the protection of human rights, the clarity of the principles of democratic mechanism, as well as the guarantee of an independent judiciary. Although the constitution has been set in such a way, efforts to achieve a constitutional state is not an easy road. Nowadays, it seems that the trip of the Indonesian as a constitutional state was still hobbled. A variety of legal issues that disturb the sense of justice continues to emerge one after another. The outcomes of the research indicate that over the last decade, Indonesia has made many changes to realize the ideal of a constitutional state. As it turns out in practice, however, legal development was still far short from the expectations. The success of building a constitutional state can not be measured by the ability to produce legislation and to create or revitalize legal institutions. Moreover, the success of a constitutional state must also be measured by the implementation and law enforcement which able to create justice for all people. Therefore, the main focus of various studies of law and legal policy, must be oriented in the judicial institutions and law enforcement.

  15. Constitutive equations for an electroactive polymer

    Science.gov (United States)

    Tixier, Mireille; Pouget, Joël

    2016-07-01

    Ionic electroactive polymers can be used as sensors or actuators. For this purpose, a thin film of polyelectrolyte is saturated with a solvent and sandwiched between two platinum electrodes. The solvent causes a complete dissociation of the polymer and the release of small cations. The application of an electric field across the thickness results in the bending of the strip and vice versa. The material is modeled by a two-phase continuous medium. The solid phase, constituted by the polymer backbone inlaid with anions, is depicted as a deformable porous media. The liquid phase is composed of the free cations and the solvent (usually water). We used a coarse grain model. The conservation laws of this system have been established in a previous work. The entropy balance law and the thermodynamic relations are first written for each phase and then for the complete material using a statistical average technique and the material derivative concept. One deduces the entropy production. Identifying generalized forces and fluxes provides the constitutive equations of the whole system: the stress-strain relations which satisfy a Kelvin-Voigt model, generalized Fourier's and Darcy's laws and the Nernst-Planck equation.

  16. Constitutive Modeling, Nonlinear Behavior, and the Stress-Optic Law

    Science.gov (United States)

    2011-01-01

    networks formed by random crosslinking have a significant number of non-load bearing chain ends, Mullins softening in rubbers could have a similar...Gerspacher, and L. Nikiel, Kautschuk Gummi Kunststoffe 53, 701 (2000). 147 L. Nikiel, W. Wampler, J. Neilsen, and N. Hershberger, Rubber & Plastics

  17. Judicial lobbying: The politics of labor law constitutional interpretation

    OpenAIRE

    Matias Iaryczower; Pablo Spiller; Mariano Tommasi

    2006-01-01

    This paper links the theory of interest groups influence over the legislature with that of congressional control over the judiciary. The resulting framework reconciles the theoretical literature of lobbying with the negative available evidence on the impact of lobbying over legislative outcomes, and sheds light to the determinants of lobbying in separation-of-powers systems. We provide conditions for judicial decisions to be sensitive to legislative lobbying, and find that lobbying falls the ...

  18. DAMAGE – CONSTITUTIVE ELEMENT OF TORT LIABILITY IN ENVIRONMENTAL LAW

    OpenAIRE

    ANDRADA TRUSCA

    2011-01-01

    In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an in...

  19. DAMAGE – CONSTITUTIVE ELEMENT OF TORT LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    ANDRADA TRUSCA

    2011-04-01

    Full Text Available In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an individual. It is known that the patrimonial damage does not present special discussions, but in terms of non patrimonial damage is required to be made a few observations. In the expression of environmental damage caused by pollution, it is used phrases like "environmental damage" or "environmental prejudice" including both the damages suffered by the natural environment through pollution as well as those incurred by the person or property, other than those in natural environment. In this paper we propose to analyze the environmental damage with special attention on the non patrimonial damage, both theoretically, but also in terms of jurisprudence.

  20. Robust Algorithms for Contact Problems with Constitutive Contact Laws

    OpenAIRE

    2016-01-01

    This thesis is concerned with the solution of contact problems with advanced Coulomb friction in the 3D case using the finite element method. A Lagrange multiplier method modelling the contact traction is employed and the contact conditions are enforced in a weak sense leading to a surface-to-surface discretization. Here more precisely the dual mortar method is used allowing for a static condensation of the additional variables in the system before solving without loosing the optimality of...

  1. Constitutional Law: Right to Due Process Attaches to School Suspensions

    Science.gov (United States)

    Kansas Law Review, 1975

    1975-01-01

    The Supreme Court's denomination of education as a property interest protected by the fourteenth amendment is examined along with its application of the fourteenth amendment's prohibition of the deprivation of liberty without due process to school discipline. The issues unresolved by Goss v. Lopez and its effects on school administrative actions…

  2. [Evaluation and pluralism from the viewpoint of constitutional law].

    Science.gov (United States)

    Zuck, Rüdiger

    2005-01-01

    The evaluation of a scientific method proceeds by means of the fitting attitude analysis. In a pluralistic system, there are different therapy concepts and therefore also different evaluation methods. The German legal system acknowledges this principle for the special therapy forms of phytotherapy, homeopathy, and anthroposophic medicine. For these fields, the golden standard is not the evidence-based medicine but, based on the principle of internal recognition, the acceptance of and response to the therapy concept.

  3. Constitutional Interpretation - Between Legalism and Law-Making

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2007-01-01

    artiklen omhandler den grundlæggende tilgang til forfatningsfortolkning. Der argumenteres for nødvendigheden af en formålsorienteret og dynamisk fortolkningsstrategi, som hverken er formalistisk ordlydsfortolkning eller fri retsskabelse...

  4. Identification of constitutive equation in hierarchical multiscale modelling of cup drawing process

    Science.gov (United States)

    Gawad, J.; Van Bael, A.; Eyckens, P.; Samaey, G.; Van Houtte, P.; Roose, D.

    2011-08-01

    In this paper we discuss extensions to a hierarchical multi-scale model (HMS) of cold sheet forming processes. The HMS model is capable of predicting changes in plastic anisotropy due to the evolution of crystallographic textures. The ALAMEL polycrystal plasticity model is employed to predict the texture evolution during the plastic deformation. The same model acts as a multilevel model and provides "virtual experiments" for calibration of an analytical constitutive law. Plastic anisotropy is described by means of the Facet method, which is able to reproduce the plastic potential in the entire strain rate space. The paper presents new strategies for identification of the Facet expression that are focused on improving its accuracy in the parts of the plastic potential surface that are more extensively used by the macroscopic FE model and therefore need to be reproduced more accurately. In this work we also evaluate the applicability of identification methods that (1) rely exclusively on the plastic potential or (2) can take into consideration also the deviatioric stresses derived from the Facet expression. It is shown that both methods provide the Facet expressions that correctly approximate the plastic anisotropy predicted by the multilevel ALAMEL model.

  5. Constitutional questions concerning the termination of nuclear energy utilization. The 13th law on the amendment of the atomic law in the frame of basic rights; Verfassungsfragen der Beendigung der Nutzung der Kernenergie. Das 13. Gesetz zur Aenderung des Atomgesetzes im Lichte der Grundrechte

    Energy Technology Data Exchange (ETDEWEB)

    Wieland, Joachim [Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany). Lehrstuhl fuer oeffentliches Recht, Finanz- und Steuerrecht

    2013-06-14

    The nuclear power phaseout in consequence of the nuclear disaster in Fukushima destroyed the expectation of high profits for the NPP owners based on the enacted lifetime extension. Neither professional freedom, nor the principle of property conservation, nor the rule of equality is violated by the termination of nuclear power utilization. The legislative authority was permitted to reverse the decision on the nuclear power utilization towards phaseout. The legislator could invoke its dynamic constitutional obligation for protection of life and physical integrity of the society. The legislator allows the operation of nuclear power plants only if according to the status of science and technology failures that could endanger life and health can practically be excluded. In consequence of the catastrophic accident in Fukushima hazards due to targeted airplane crashes could not be ruled out anymore.

  6. Constitution, 5 May 1989.

    Science.gov (United States)

    1989-01-01

    This document contains provisions of Cambodia's Constitution of May 5, 1989. Article 7 gives men and women equal rights in marriage and the family, calls for monogamous marriages, and affords social protection to mothers and children. Article 8 guides parent-child relationships. The 14th article defines state property, and the 15th gives citizens full rights to own, use, and inherit land. The use of agricultural and forested land can only be changed with permission. Article 22 assigns educational responsibilities to the state, including free elementary education and a gradual expansion of higher education. Adult literacy classes are also promoted. Article 26 guarantees free medical consultations, and article 27 gives women a 90-day paid maternity leave. Breast-feeding women are also given special privileges. Article 33 guarantees the right to pay equity and to social security benefits. Article 36 grants the freedom to travel, the inviolability of homes, and privacy in correspondence of all types.

  7. Constitution, 5 October 1988.

    Science.gov (United States)

    1989-01-01

    This document contains major provisions of the constitution adopted by Brazil on 5 October 1988. This constitution seeks to promote the welfare of all citizens without discrimination. The equality of all citizens is guaranteed, and the equal rights of women are specifically mentioned. Property rights are also guaranteed and defined. Female inmates are granted the right to remain with their children while breast feeding. Workers are guaranteed a minimum wage, a family allowance for dependents, maternity/paternity leave, specific incentives to protect the labor market for women, retirement benefits, free day care for preschool-age children, pay equity, and equal rights between tenured and sporadically employed workers. Agrarian reform provisions are given, including the authority to expropriate land. Social and economic policies to promote health are called for, and public health services are to be decentralized, to be integrated, and to foster community participation. Pension plan and social assistance provisions are outlined as are duties of the state in regard to education. The amount of money to be dedicated to education is set out, and a national educational plan is called for to achieve such goals as the eradication of illiteracy, the universalization of school attendance, the improvement of instruction, and the provision of vocational training. Specific measures are set out to protect and preserve the environment. Family policy deals with issues of marriage, the definition of a family, divorce, the right to family planning services, and the deterrence of domestic violence. Social protection provisions cover mothers and children, handicapped persons, and protection of minors. Finally, the customs and rights of Indians are protected, with special provisions given to protect land tenure and to protect the rights of Indians in water resource development and prospecting and mining activities.

  8. Heterogeneous anisotropic complex structure gradual model and constitutive relation

    Institute of Scientific and Technical Information of China (English)

    李永; 宋健; 张志民

    2003-01-01

    Four new gradually delaminate models of the three-dimensional macro-/mesoscopic structure and delamination of the heterogeneous anisotropic composite (HAC) are set up by conducting research into its structure and performance. A general theory, which demonstrates the three-dimensional constitutive relation of the macro-/mesoscopic performance of this structure is further developed. The macroscopic expression of HAC is presented in terms of a Tanigawa delaminate homogeneous equivalent approach, the mesoscopic problems are analysed utilizing Eshelby-Mori-Tanaka theory, with the introduction of the representative volume elements of monolayer single unit cell and interlaminar double unit cells.According to the gradual continuity of the structure as a whole, great attention is given to the modelling and research of the interlaminar macroscopic and mesoscopic problems of HAC structure. Comparison with the existing solutions is made through calculation of typical cases.

  9. Does the second law of thermodynamics really hold good without exception?

    CERN Document Server

    Moser, Hans R

    2010-01-01

    A major part of the many thermally driven processes in our natural environment as well as in engineering solutions of Carnot-type machinery is based on the second law of thermodynamics (or principle of entropy increase). An interesting link between macroscopically observable quantities of an ensemble (state variables) and the thermal velocity of its individual constituents such as molecules in a liquid is provided by the Brownian motion of suspended larger particles. We postulate a "frustrated Brownian motion" that occurs if these particles get partially trapped in an environment of suitable geometrical conditions. This dissipates a small fraction of the kinetic energy attended with the Brownian motion and deposits it inside the trap, and so this constitutes a mechanism that by itself transfers thermal energy from cold to warm. We note that this is just a marginally admitted, slowly evolving effect driven by a thermodynamic quasi-equilibrium, thus being of limited efficiency in terms of energy density attaina...

  10. Constitution Protects The Environment

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    The construction of a maglev train route linking Shanghai and Hangzhou,Zhejiang Province, worth over 35 billion yuan ($4.61 billion), and a 10-billion yuan ($1.32 billion) paraxylene producing factory in Xiamen,Fujian Province, were both ordered to suspend operations in May, in response to local residents’ outcries for further assessments on their environmental impacts. Cai Dingjian, professor at China University of Political Science and Law, says in an article published in Nanfang Daily on June 19 that a deteriorating environment ruins not only nature and the ecology, but also endangers the health of people living in the area.Since the right to survive is basic for human beings, a more scientific decision-making procedure is called for to endow the citizens living in surrounding areas of the projects more rights and respect.

  11. Investigation of dissipative forces near macroscopic media

    Energy Technology Data Exchange (ETDEWEB)

    Becker, R.S.

    1982-12-01

    The interaction of classical charged particles with the fields they induce in macroscopic dielectric media is investigated. For 10- to 1000-eV electrons, the angular perturbation of the trajectory by the image potential for surface impact parameters of 50 to 100 A is shown to be of the order of 0.001 rads over a distance of 100 A. The energy loss incurred by low-energy particles due to collective excitations such as surface plasmons is shown to be observable with a transition probability of 0.01 to 0.001 (Becker, et al., 1981b). The dispersion of real surface plasmon modes in planar and cylindrical geometries is discussed and is derived for pinhole geometry described in terms of a single-sheeted hyperboloid of revolution. An experimental apparatus for the measurement of collective losses for medium-energy electrons translating close to a dielectric surface is described and discussed. Data showing such losses at electron energies of 500 to 900 eV in silver foils containing many small apertures are presented and shown to be in good agreement with classical stopping power calculations and quantum mechanical calculations carried out in the low-velocity limit. The data and calculations are compared and contrasted with earlier transmission and reflection measurements, and the course of further investigation is discussed.

  12. Searching for the nanoscopic–macroscopic boundary

    Energy Technology Data Exchange (ETDEWEB)

    Velásquez, E.A. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Grupo de Investigación en Modelamiento y Simulación Computacional, Universidad de San Buenaventura Sec. Medellín, A.A. 5222, Medellín (Colombia); Altbir, D. [Departamento de Física, Universidad de Santiago de Chile (USACH), CEDENNA, Santiago (Chile); Mazo-Zuluaga, J. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Duque, L.F. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Grupo de Física Teórica, Aplicada y Didáctica, Facultad de Ciencias Exactas y Aplicadas Instituto Tecnológico Metropolitano, Medellín (Colombia); Mejía-López, J., E-mail: jmejia@puc.cl [Facultad de Física, Pontificia Universidad Católica de Chile, CEDENNA, Santiago (Chile)

    2013-12-15

    Several studies have focused on the size-dependent properties of elements, looking for a unique definition of the nanoscopic–macroscopic boundary. By using a novel approach consisting of an energy variational method combined with a quantum Heisenberg model, here we address the size at which the ordering temperature of a magnetic nanoparticle reaches its bulk value. We consider samples with sizes in the range 1–500 nm, as well as several geometries and crystalline lattices and observe that, contrarily to what is commonly argued, the nanoscopic-microscopic boundary depends on both factors: shape and crystalline structure. This suggests that the surface-to-volume ratio is not the unique parameter that defines the behavior of a nanometric sample whenever its size increases reaching the bulk dimension. Comparisons reveal very good agreement with experimental evidence with differences less than 2%. Our results have broad implications for practical issues in measurements on systems at the nanometric scale. - Highlights: • A novel quantum-Heisenberg variational energy method is implemented. • The asymptotic behavior toward the thermodynamic limit is explored. • An important dependence of the nano-bulk boundary on the geometry is found. • And also an important dependence on the crystalline lattice. • We obtain a very good agreement with experimental evidence with differences <2%.

  13. Macroscopic superpositions and gravimetry with quantum magnetomechanics

    Science.gov (United States)

    Johnsson, Mattias T.; Brennen, Gavin K.; Twamley, Jason

    2016-11-01

    Precision measurements of gravity can provide tests of fundamental physics and are of broad practical interest for metrology. We propose a scheme for absolute gravimetry using a quantum magnetomechanical system consisting of a magnetically trapped superconducting resonator whose motion is controlled and measured by a nearby RF-SQUID or flux qubit. By driving the mechanical massive resonator to be in a macroscopic superposition of two different heights our we predict that our interferometry protocol could, subject to systematic errors, achieve a gravimetric sensitivity of Δg/g ~ 2.2 × 10-10 Hz-1/2, with a spatial resolution of a few nanometres. This sensitivity and spatial resolution exceeds the precision of current state of the art atom-interferometric and corner-cube gravimeters by more than an order of magnitude, and unlike classical superconducting interferometers produces an absolute rather than relative measurement of gravity. In addition, our scheme takes measurements at ~10 kHz, a region where the ambient vibrational noise spectrum is heavily suppressed compared the ~10 Hz region relevant for current cold atom gravimeters.

  14. Distributivity breaking and macroscopic quantum games

    CERN Document Server

    Grib, A A; Parfionov, G N; Starkov, K A

    2005-01-01

    Examples of games between two partners with mixed strategies, calculated by the use of the probability amplitude as some vector in Hilbert space are given. The games are macroscopic, no microscopic quantum agent is supposed. The reason for the use of the quantum formalism is in breaking of the distributivity property for the lattice of yes-no questions arising due to the special rules of games. The rules of the games suppose two parts: the preparation and measurement. In the first part due to use of the quantum logical orthocomplemented non-distributive lattice the partners freely choose the wave functions as descriptions of their strategies. The second part consists of classical games described by Boolean sublattices of the initial non-Boolean lattice with same strategies which were chosen in the first part. Examples of games for spin one half are given. New Nash equilibria are found for some cases. Heisenberg uncertainty relations without the Planck constant are written for the "spin one half game".

  15. World law

    OpenAIRE

    Berman, Harold J.; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  16. The Use of Nonlinear Constitutive Equations to Evaluate Draw Resistance and Filter Ventilation

    OpenAIRE

    Eitzinger B; Ederer G

    2014-01-01

    This study investigates by nonlinear constitutive equations the influence of tipping paper, cigarette paper, filter, and tobacco rod on the degree of filter ventilation and draw resistance. Starting from the laws of conservation, the path to the theory of fluid dynamics in porous media and Darcy's law is reviewed and, as an extension to Darcy's law, two different nonlinear pressure drop-flow relations are proposed. It is proven that these relations are valid constitutive equations and the par...

  17. An Experimental Proposal for Demonstration of Macroscopic Quantum Effects

    Directory of Open Access Journals (Sweden)

    Jensen R.

    2010-10-01

    Full Text Available An experiment is proposed, whose purpose is to determine whether quantum indeterminism can be observed on a truly macroscopic scale. The experiment involves using a double-slit plate or interferometer and a macroscopic mechanical switch. The objective is to determine whether or not the switch can take on an indeterminate state.

  18. An Experimental Proposal for Demonstration of Macroscopic Quantum Effects

    Directory of Open Access Journals (Sweden)

    Jensen R.

    2010-10-01

    Full Text Available An experiment is proposed, whose purpose is to determine whether quantum indeter- minism can be observed on a truly macroscopic scale. The experiment involves using a double-slit plate or interferometer and a macroscopic mechanical switch. The objective is to determine whether or not the switch can take on an indeterminate state.

  19. Macroscopic and microscopic observations of needle insertion into gels

    NARCIS (Netherlands)

    Veen, van Youri R.J.; Jahya, Alex; Misra, Sarthak

    2012-01-01

    Needle insertion into soft tissue is one of the most common medical interventions. This study provides macroscopic and microscopic observations of needle–gel interactions. A gelatin mixture is used as a soft-tissue simulant. For the macroscopic studies, system parameters, such as insertion velocity,

  20. Constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    The Library of Advanced Materials for Engineering (LAME) provides a common repository for constitutive models that can be used in computational solid mechanics codes. A number of models including both hypoelastic (rate) and hyperelastic (total strain) constitutive forms have been implemented in LAME. The structure and testing of LAME is described in Scherzinger and Hammerand ([3] and [4]). The purpose of the present report is to describe the material models which have already been implemented into LAME. The descriptions are designed to give useful information to both analysts and code developers. Thus far, 33 non-ITAR/non-CRADA protected material models have been incorporated. These include everything from the simple isotropic linear elastic models to a number of elastic-plastic models for metals to models for honeycomb, foams, potting epoxies and rubber. A complete description of each model is outside the scope of the current report. Rather, the aim here is to delineate the properties, state variables, functions, and methods for each model. However, a brief description of some of the constitutive details is provided for a number of the material models. Where appropriate, the SAND reports available for each model have been cited. Many models have state variable aliases for some or all of their state variables. These alias names can be used for outputting desired quantities. The state variable aliases available for results output have been listed in this report. However, not all models use these aliases. For those models, no state variable names are listed. Nevertheless, the number of state variables employed by each model is always given. Currently, there are four possible functions for a material model. This report lists which of these four methods are employed in each material model. As far as analysts are concerned, this information is included only for the awareness purposes. The analyst can take confidence in the fact that model has been properly implemented

  1. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  2. The diffusion of constitutional rights

    NARCIS (Netherlands)

    Goderis, B.V.G.; Versteeg, M.

    2014-01-01

    Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse th

  3. Ontoteleological Constitution of Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Diego Luiz Teixeira Boava

    2017-06-01

    Full Text Available Entrepreneurship is a pluri-disciplinary phenomenon, object of research in several areas of knowledge. However, studies on this theme present approaches that start to consider entrepreneurship as a field of private knowledge in the phase of epistemological construction. In this context, the aim of this investigation is to contribute to the discussions on the theme, through studies on the ontoteleological constitution of entrepreneurship, in propaedeutic character, deflagrating new approaches. Thus, there is a presentation concerning the study of entrepreneurship, which may emphasize its ontical and ontological aspects. In addition, the reason why it is complex to define entrepreneurship is investigated. Subjects regarding the philosophy of entrepreneurship are introduced, seeking to present the bases for an ontoteleological approach to the phenomenon. Such an approach assumes that the finality of the entrepreneurial act relates to the main principles and transformations required into the organization. Finally, it is concluded that man is an entrepreneurial being, the meta-entrepreneur, and his entrepreneurial actions are not determined by external factors, but rather by the condition of his potentiality.

  4. Characterization of macroscopic tensile strength of polycrystalline metals with two-scale finite element analysis

    Science.gov (United States)

    Watanabe, Ikumu; Terada, Kenjiro; Neto, Eduardo Alberto de Souza; Perić, Djordje

    The objective of this contribution is to develop an elastic-plastic-damage constitutive model for crystal grain and to incorporate it with two-scale finite element analyses based on mathematical homogenization method, in order to characterize the macroscopic tensile strength of polycrystalline metals. More specifically, the constitutive model for single crystal is obtained by combining hyperelasticity, a rate-independent single crystal plasticity and a continuum damage model. The evolution equations, stress update algorithm and consistent tangent are derived within the framework of standard elastoplasticity at finite strain. By employing two-scale finite element analysis, the ductile behaviour of polycrystalline metals and corresponding tensile strength are evaluated. The importance of finite element formulation is examined by comparing performance of several finite elements and their convergence behaviour is assessed with mesh refinement. Finally, the grain size effect on yield and tensile strength is analysed in order to illustrate the versatility of the proposed two-scale model.

  5. Rock salt constitutive modeling

    Energy Technology Data Exchange (ETDEWEB)

    Nickell, R.E.

    1980-03-18

    The Serata model is the best operational model available today because it incorporates: (1) a yield function to demarcate between viscoelastic and viscoplastic behavior of rock salt; (2) a pressure and temperature dependence for yield stresses; and (3) a standard linear solid, which can be readily extended into the non-linear regime, to represent creep behavior. Its only deficiencies appear to be the lack of secondary creep behavior (a free dashpot) and some unsettling arbitrariness about the Poisson's ratio (..nu.. ..-->.. 0.5) argument for viscoplasticity. The Sandia/WIPP model will have good primary and secondary creep capability, but lacks the viscoplastic behavior. In some cases, estimated inelastic strains may be underpredicted. If a creep acceleration mechanism associated with brine inclusions is observed, this model may require extensive revision. Most of the other models available (SAI, RE-SPEC, etc.) are only useful for short-term calculations, because they employ temporal power law (t/sup n/) primary creep representations. These models are unsatisfactory because they cannot represent dual mechanisms with differing characteristic times. An approach based upon combined creep and plasticity is recommended in order to remove the remaining deficiency in the Serata model. DOE/Sandia/WIPP should be encouraged to move aggressively in this regard.

  6. Modeling the macroscopic behavior of two-phase nonlinear composites by infinite-rank laminates

    Science.gov (United States)

    Idiart, Martín I.

    A new approach is proposed for estimating the macroscopic behavior of two-phase nonlinear composites with random, particulate microstructures. The central idea is to model composites by sequentially laminated constructions of infinite rank whose macroscopic behavior can be determined exactly. The resulting estimates incorporate microstructural information up to the two-point correlation functions, and require the solution to a Hamilton-Jacobi equation with the inclusion concentration and the macroscopic fields playing the role of 'time' and 'spatial' variables, respectively. Because they are realizable, by construction, these estimates are guaranteed to be convex, to satisfy all pertinent bounds, to exhibit no duality gap, and to be exact to second order in the heterogeneity contrast. Sample results are provided for two- and three-dimensional power-law composites, and are compared with other homogenization estimates, as well as with numerical simulations available from the literature. The estimates are found to give physically sensible predictions for all the cases considered, even for extreme values of the nonlinearity and heterogeneity contrast. Interestingly, in the case of isotropic porous materials under hydrostatic loadings, the estimates agree exactly with standard Gurson-type models for viscoplastic porous media.

  7. Macroscopic behavior and microscopic magnetic properties of nanocarbon

    Energy Technology Data Exchange (ETDEWEB)

    Lähderanta, E., E-mail: Erkki.Lahderanta@lut.fi [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Ryzhov, V.A. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Petersburg Nuclear Physics Institute, NRC “Kurchatov Institute”, Orlova Coppice, Gatchina, Leningrad province 188300 (Russian Federation); Lashkul, A.V. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Galimov, D.M. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); South Ural State University, 454080 Chelyabinsk (Russian Federation); Titkov, A.N. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); A. F. Ioffe Physico-Technical Institute, 194021 St. Petersburg (Russian Federation); Matveev, V.V. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Saint-Petersburg State University, Saint-Petersburg 198504 (Russian Federation); Mokeev, M.V. [Institute of Macromolecular Compounds, Russian Academy of Sciences, St. Petersburg (Russian Federation); Kurbakov, A.I. [Petersburg Nuclear Physics Institute, NRC “Kurchatov Institute”, Orlova Coppice, Gatchina, Leningrad province 188300 (Russian Federation); Lisunov, K.G. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Institute of Applied Physics ASM, Academiei Str., 5, MD 2028 Kishinev (Moldova, Republic of)

    2015-06-01

    Here are presented investigations of powder and glass-like samples containing carbon nanoparticles, not intentionally doped and doped with Ag, Au and Co. The neutron diffraction study reveals an amorphous structure of the samples doped with Au and Co, as well as the magnetic scattering due to a long-range FM order in the Co-doped sample. The composition and molecular structure of the sample doped with Au is clarified with the NMR investigations. The temperature dependence of the magnetization, M (T), exhibits large irreversibility in low fields of B=1–7 mT. M (B) saturates already above 2 T at high temperatures, but deviates from the saturation behavior below ~50 (150 K). Magnetic hysteresis is observed already at 300 K and exhibits a power-law temperature decay of the coercive field, B{sub c} (T). The macroscopic behavior above is typical of an assembly of partially blocked magnetic nanoparticles. The values of the saturation magnetization, M{sub s}, and the blocking temperature, T{sub b}, are obtained as well. However, the hysteresis loop in the Co-doped sample differs from that in other samples, and the values of B{sub c} and M{sub s} are noticeably increased. - Highlights: • We have investigated powder and glassy samples with carbon nanoparticles. • They include an undoped sample and those doped with Ag, Au and Co. • Neutron diffraction study reveals amorphous structure of Au- and Co-doped samples. • Composition and molecular structure of Au-doped sample was investigated with NMR. • Magnetic behavior is typical of an assembly of partially blocked magnetic nanoparticles.

  8. On the dielectric curie-weiss law and diffuse phase transition in ferroelectrics

    NARCIS (Netherlands)

    Jonker, G.H.

    1983-01-01

    A simple derivation of parabolic 1/εr-T curves is obtained by reconsidering the origin of the dielectric Curie-Weiss law. The only assumption needed is the introduction of a non-linear temperature dependance of the macroscopic dielectric polarization in the macroscopic Clausius-Mossotti equation

  9. The Dilemma of Constitutional Comparativism

    NARCIS (Netherlands)

    C.M. Zoethout

    2011-01-01

    Over the past decade, a trend of referring to foreign law and foreign judicial decisions has emerged in the case-law of both the American Supreme Court and the European Court of Human Rights. Two of the most controversial cases of the Supreme Court in this era were partly based on non-US law. The Eu

  10. Civil Law and Catholic Education: Past, Present, and Future

    Science.gov (United States)

    Shaughnessy, Mary Angela

    2009-01-01

    This article will address the sources of the laws impacting Catholic education, particularly constitutional law, statutory and regulatory law, and contract law. Specific issues related to these areas will be discussed, including discipline, lifestyle and belief, negligence, sexual abuse, boundaries, confidentiality, cyberspace, and safety. The…

  11. Constitutional design and political agency problems: the case of Colombia

    Directory of Open Access Journals (Sweden)

    Paola Alarcón López

    2014-06-01

    Full Text Available This article presents and explores, from a law and economics’ perspective, the Colombian Constitutional structures that create potential for corruption by undermining the checks and balances, the accountability system over politicians and in particular, by altering the computation of the agent once is facing the decision to act according to principal interest or behave in a corrupt way. A case study from a Colombian high court is presented in order to illustrate the interaction between the identified constitutional provisions to generate a scope for corruption. Finally, possible constitutional amendments are suggested in order to overcome these system failures.

  12. Constitutional design and political agency problems: the case of Colombia

    Directory of Open Access Journals (Sweden)

    Paola Alarcón López

    2014-07-01

    Full Text Available This article presents and explores, from a law and economics’ perspective, the Colombian Constitutional structures that create potential for corruption by undermining the checks and balances, the accountability system over politicians and in particular, by altering the computation of the agent once is facing the decision to act according to principal interest or behave in a corrupt way. A case study from a Colombian high court is presented in order to illustrate the interaction between the identified constitutional provisions to generate a scope for corruption. Finally, possible constitutional amendments are suggested in order to overcome these system failures.

  13. Constitutional status of local self-government in Serbia

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2015-01-01

    Full Text Available Local self-government in Serbia is a level of power which has a long tradition. The local power has evolved from the institution of customary law to the constitutional right of citizens which limits the state authority. With a historical overview, theoretical and comparative review, the article is particularly analyzing the status of local self-government in the Constitution of2006. Elements which wrap up the constitutional status of local self-government are explained and distinctively described: term, decision-making, jurisdiction, self-organization and protection of local self-government, are explained and specifically described.

  14. Two-channel Kondo effect and renormalization flow with macroscopic quantum charge states.

    Science.gov (United States)

    Iftikhar, Z; Jezouin, S; Anthore, A; Gennser, U; Parmentier, F D; Cavanna, A; Pierre, F

    2015-10-08

    Many-body correlations and macroscopic quantum behaviours are fascinating condensed matter problems. A powerful test-bed for the many-body concepts and methods is the Kondo effect, which entails the coupling of a quantum impurity to a continuum of states. It is central in highly correlated systems and can be explored with tunable nanostructures. Although Kondo physics is usually associated with the hybridization of itinerant electrons with microscopic magnetic moments, theory predicts that it can arise whenever degenerate quantum states are coupled to a continuum. Here we demonstrate the previously elusive 'charge' Kondo effect in a hybrid metal-semiconductor implementation of a single-electron transistor, with a quantum pseudospin of 1/2 constituted by two degenerate macroscopic charge states of a metallic island. In contrast to other Kondo nanostructures, each conduction channel connecting the island to an electrode constitutes a distinct and fully tunable Kondo channel, thereby providing unprecedented access to the two-channel Kondo effect and a clear path to multi-channel Kondo physics. Using a weakly coupled probe, we find the renormalization flow, as temperature is reduced, of two Kondo channels competing to screen the charge pseudospin. This provides a direct view of how the predicted quantum phase transition develops across the symmetric quantum critical point. Detuning the pseudospin away from degeneracy, we demonstrate, on a fully characterized device, quantitative agreement with the predictions for the finite-temperature crossover from quantum criticality.

  15. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    Constitutional Socio-Economic Rights and International Law: "You are not Alone" ... Driving Corporate Social Responsibility (CSR) through the Companies Act: an ... The Enforcement of the Payment of Lobolo and its Impact On Children's ...

  16. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    ... to the South African legal system, since development law and constitutionalism are ... The Exclusion of Liability for Emotional Harm to Passengers in the Warsaw ... to Access to Information · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

  17. Globalisation, the development of constitutionalism and the individual employer

    Directory of Open Access Journals (Sweden)

    K Calitz

    2007-11-01

    Full Text Available To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on this aspect the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa

  18. La conversion ou l’apostasie entre le système juridique musulman et les lois constitutionnelles dans l’Algérie indépendante Conversion or denial between the Muslim legal system and the constitutional laws in the People's Democratic Republic of Algeria

    Directory of Open Access Journals (Sweden)

    Mouna Mohammed Cherif

    2011-02-01

    Full Text Available En Algérie, l’islam est la religion d’État ; elle fait partie intégrante de son idéologie et de sa politique. En effet, les lois constitutionnelles encadrent pour ainsi dire la pratique religieuse, et la société algérienne elle-même est « spécialement confessionnelle ». Or, des conversions d’Algériens au christianisme font partie de la réalité de ce paysage. Ces conversions qui, semble-t-il, ont pris de l’ampleur, sont de ce fait perçues comme une atteinte à un élément du consensus national et à la cohérence de l’Etat. D’autant qu’il existe un vide juridique concernant les confessions non-musulmanes en Algérie. Comment et jusqu’où peut aller une religion officielle pour combler ce vide ? Comment ses représentants cherchent-ils à répondre aux contradictions concrètes entre l’application de la loi présumée laïque et les effets et conséquences qui découlent de la jurisprudence musulmane (fiqh ?In Algeria, Islam is a State religion, inherent to its ideology and political system. The constitutional laws regulate religious practice, and Algerian society is “specifically denominational”. But it so happens that the conversion of Algerians to the Christian faith is also part of this reality. These conversions, whose number seems to have been increasing, are perceived as an offence against national consensus and coherence of the State. All the more so that there is a juridical gap in Algeria when it comes to non-Islamic denominations. How far can an official religion go to fill that gap? How do its representatives try to answer to the practical contradictions between a supposedly secular law and the effects and consequences stemming from Muslim jurisprudence (fiqh?

  19. Experimental demonstration of macroscopic quantum coherence in Gaussian states

    DEFF Research Database (Denmark)

    Marquardt, C.; Andersen, Ulrik Lund; Leuchs, G.

    2007-01-01

    We witness experimentally the presence of macroscopic coherence in Gaussian quantum states using a recently proposed criterion [E. G. Cavalcanti and M. D. Reid, Phys. Rev. Lett. 97 170405 (2006)]. The macroscopic coherence stems from interference between macroscopically distinct states in phase...... space, and we prove experimentally that a coherent state contains these features with a distance in phase space of 0.51 +/- 0.02 shot noise units. This is surprising because coherent states are generally considered being at the border between classical and quantum states, not yet displaying any...

  20. Extraction of macroscopic and microscopic adjoint concepts using a lattice Boltzmann method and discrete adjoint approach

    Science.gov (United States)

    Hekmat, Mohamad Hamed; Mirzaei, Masoud

    2015-01-01

    In the present research, we tried to improve the performance of the lattice Boltzmann (LB) -based adjoint approach by utilizing the mesoscopic inherent of the LB method. In this regard, two macroscopic discrete adjoint (MADA) and microscopic discrete adjoint (MIDA) approaches are used to answer the following two challenging questions. Is it possible to extend the concept of the macroscopic and microscopic variables of the flow field to the corresponding adjoint ones? Further, similar to the conservative laws in the LB method, is it possible to find the comparable conservation equations in the adjoint approach? If so, then a definite framework, similar to that used in the flow solution by the LB method, can be employed in the flow sensitivity analysis by the MIDA approach. This achievement can decrease the implementation cost and coding efforts of the MIDA method in complicated sensitivity analysis problems. First, the MADA and MIDA equations are extracted based on the LB method using the duality viewpoint. Meanwhile, using an elementary case, inverse design of a two-dimensional unsteady Poiseuille flow in a periodic channel with constant body forces, the procedure of analytical evaluation of the adjoint variables is described. The numerical results show that similar correlations between the distribution functions can be seen between the corresponding adjoint ones. Besides, the results are promising, emphasizing the flow field adjoint variables can be evaluated via the adjoint distribution functions. Finally, the adjoint conservative laws are introduced.

  1. Law and public health at CDC.

    Science.gov (United States)

    Goodman, Richard A; Moulton, A; Matthews, G; Shaw, F; Kocher, P; Mensah, G; Zaza, S; Besser, R

    2006-12-22

    Public health law is an emerging field in U.S. public health practice. The 20th century proved the indispensability of law to public health, as demonstrated by the contribution of law to each of the century's 10 great public health achievements. Former CDC Director Dr. William Foege has suggested that law, along with epidemiology, is an essential tool in public health practice. Public health laws are any laws that have important consequences for the health of defined populations. They derive from federal and state constitutions; statutes, and other legislative enactments; agency rules and regulations; judicial rulings and case law; and policies of public bodies. Government agencies that apply public health laws include agencies officially designated as "public health agencies," as well as health-care, environmental protection, education, and law enforcement agencies, among others.

  2. The Political Economy of Constitution

    OpenAIRE

    Pabst, Adrian

    2016-01-01

    The distinction between constitution, as the set of fundamental normative premises ensuring the cohesion of any given polity, and contract, as the formal covenant agreed upon by the relevant stakeholders in that polity, is central to political economy. This paper outlines a conceptual framework for the political economy of constitution based on the above distinction. Our argument is that constitution in the material sense, that is, as a relatively stable configuration of interests prior to fo...

  3. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally con

  4. Constitutional Issues--Watergate and the Constitution. Teaching with Documents.

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

    When U.S. President Richard Nixon resigned in 1974 in the wake of the Watergate scandal, it was only the second time that impeachment of a president had been considered. Although the U.S. Constitution has provisions for a person removed from office to be indicted, there are no guidelines in the Constitution about a President who has resigned. The…

  5. How dead is the federal constitutional right to assisted suicide?

    Science.gov (United States)

    Paola, F A

    1998-06-01

    The US Supreme Court recently upheld state laws in New York and Washington that prohibit assisted suicide. In both cases, the judgment of the Court was unanimous. Closer scrutiny of the opinions in the cases, however, suggests that we may not have seen the last of a federal constitutional right to assisted suicide.

  6. The Argument for a Constitutional Right to Communication and Language.

    Science.gov (United States)

    Siegel, Lawrence

    2002-01-01

    This article argues that the need for and right to communication and language is fundamental to the human condition. It contends that given the historic difficulties children who are deaf and hard-of-hearing face, a constitutional right to communication is both necessary and legally sound. Relevant case law is reviewed. (Contains references.) (CR)

  7. Terahertz Science and Technology of Macroscopically Aligned Carbon Nanotube Films

    Science.gov (United States)

    Kono, Junichiro

    One of the outstanding challenges in nanotechnology is how to assemble individual nano-objects into macroscopic architectures while preserving their extraordinary properties. For example, the one-dimensional character of electrons in individual carbon nanotubes leads to extremely anisotropic transport, optical, and magnetic phenomena, but their macroscopic manifestations have been limited. Here, we describe methods for preparing macroscopic films, sheets, and fibers of highly aligned carbon nanotubes and their applications to basic and applied terahertz studies. Sufficiently thick films act as ideal terahertz polarizers, and appropriately doped films operate as polarization-sensitive, flexible, powerless, and ultra-broadband detectors. Together with recently developed chirality enrichment methods, these developments will ultimately allow us to study dynamic conductivities of interacting one-dimensional electrons in macroscopic single crystals of single-chirality single-wall carbon nanotubes.

  8. Accumulation of small protein molecules in a macroscopic complex coacervate

    NARCIS (Netherlands)

    Lindhoud, S.; Claessens, M.M.A.E.

    2016-01-01

    To obtain insight into the accumulation of proteins into macroscopic complex coacervate phases, the lysozyme concentration in complex coacervates containing the cationic polyelectrolyte poly-(N,N dimethylaminoethyl methacrylate) and the anionic polyelectrolyte polyacrylic acid was investigated as a

  9. Macroscopic cumulative fatigue damage of material under nonsymmetrical cycle

    Institute of Scientific and Technical Information of China (English)

    盖秉政

    2002-01-01

    Hashin's macroscopic theory of fatigue damage is further discussed and a new method has been proposed for prediction of cumulative fatigue damage of material and its lifetime under nonsymmetrical cyclic loading.

  10. Large Deviations for the Macroscopic Motion of an Interface

    Science.gov (United States)

    Birmpa, P.; Dirr, N.; Tsagkarogiannis, D.

    2017-03-01

    We study the most probable way an interface moves on a macroscopic scale from an initial to a final position within a fixed time in the context of large deviations for a stochastic microscopic lattice system of Ising spins with Kac interaction evolving in time according to Glauber (non-conservative) dynamics. Such interfaces separate two stable phases of a ferromagnetic system and in the macroscopic scale are represented by sharp transitions. We derive quantitative estimates for the upper and the lower bound of the cost functional that penalizes all possible deviations and obtain explicit error terms which are valid also in the macroscopic scale. Furthermore, using the result of a companion paper about the minimizers of this cost functional for the macroscopic motion of the interface in a fixed time, we prove that the probability of such events can concentrate on nucleations should the transition happen fast enough.

  11. Quantum fluctuations, gauge freedom and mesoscopic/macroscopic stability

    Energy Technology Data Exchange (ETDEWEB)

    Del Giudice, E [Istituto Nazionale di Fisica Nucleare, Via Celoria 16, I-20133 Milan (Italy); Vitiello, G [Dipartimento di Matematica e Informatica, Universita di Salerno and Istituto Nazionale di Fisica Nucleare, Gruppo Collegato di Salerno, 84100 Salerno (Italy)

    2007-11-15

    We study how the mesoscopic/macroscopic stability of coherent extended domains is generated out of the phase locking between gauge field and matter field. The role of the radiative gauge field in sustaining the coherent regime is discussed.

  12. New Tests of Macroscopic Local Realism using Continuous Variable Measurements

    CERN Document Server

    Reid, M D

    2001-01-01

    We show that quantum mechanics predicts an Einstein-Podolsky-Rosen paradox (EPR), and also a contradiction with local hidden variable theories, for photon number measurements which have limited resolving power, to the point of imposing an uncertainty in the photon number result which is macroscopic in absolute terms. We show how this can be interpreted as a failure of a new, very strong premise, called macroscopic local realism. We link this premise to the Schrodinger-cat paradox. Our proposed experiments ensure all fields incident on each measurement apparatus are macroscopic. We show that an alternative measurement scheme corresponds to balanced homodyne detection of quadrature phase amplitudes. The implication is that where either EPR correlations or failure of local realism is predicted for continuous variable (quadrature phase amplitude) measurements, one can perform a modified experiment which would lead to conclusions about the much stronger premise of macroscopic local realism.

  13. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  14. Globalisation of the National Judiciary and the Dutch Constitution

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2013-03-01

    Full Text Available This article examines the changing practices of the Dutch highest courts, the Hoge Raad and the Afdeling bestuursrechtspraak van de Raad van State, under the influence of globalisation, and the constitutional implications of this development. The increasing intertwinement of legal systems and the increasing possibilities for judges to interact with courts in foreign jurisdictions have stimulated the consideration of foreign legislation and case law in judicial decision-making in individual cases. An empirical study clarifies how the Dutch judges perceive the usefulness of legal comparisons in this context and how foreign law is used in deliberations and judgments. The constitutional implications of the changing practices of the courts are analysed in light of three aspects of the constitutional normative framework for judicial decision-making: the democratic justification of judicial decisions; legal tradition and the nature of cases; and the effectiveness and efficiency of judicial decision-making.

  15. Constitutional Challenges of Creating New Local Government Areas in Nigeria

    Directory of Open Access Journals (Sweden)

    Jude Okafor

    2012-08-01

    Full Text Available Local government is purposely established by law to provide grassroots development. In federal states, it is usually created by law of the federating units, and in unitary states it is created by central government. However, since the entrenchment of local government as a third-tier level of government in the 1979/1999 federal constitutions of Nigeria, there have been a lot of difficulties in creating new local governments. This paper examines the dynamics of this structure and the challenges posed to the orderly creation of new local government areas in Nigeria. The paper adopts secondary methods of data collection and analysis. It finds that the conflicting constitutional provisions which vest in the state and federal governments powers to create new local government areas have created many controversies in the polity. It recommends that the creation and statutory finance of local government councils in Nigeria should be expunged from the federal constitution.

  16. Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order

    Directory of Open Access Journals (Sweden)

    Sprague Ian Flannigan

    2016-05-01

    Full Text Available In contrast to U.S. Federal Indian law, which has classified indigenous tribes as “domestic dependent nations” since the early 19th century, Mexican law has only recently begun to define the political and territorial autonomy of indigenous groups. This paper contrasts the Mexican approach to this problem to that of the United States, first describing Mexico’s 2001’s constitutional reforms and their failure to clarify the nature of tribal sovereignty. It then analyzes recent court cases that protect tribal political and territorial autonomy by applying rights to consultation contained in the International Labor Organization’s Indigenous and Tribal People’s Convention 169 (“ILO 169” and the Mexican Constitution. It concludes by arguing that in spite of this effort by the courts, Mexican law still requires a comprehensive legislative or diplomatic resolution of the lack of clarity surrounding the political and territorial autonomy of its indigenous groups.

  17. The Constitution and Its Critics

    Science.gov (United States)

    Main, Thomas J.

    2011-01-01

    In planning a freshman undergraduate curriculum with colleagues recently, the question arose as to what type of understanding educators wanted to impart to their students about the Constitution. The alleged defects of the Constitution that these books point to are wide-ranging and can be classified into various categories. Some problems--such as…

  18. Considerations regarding the constitutional obligation determining the financing source for budgetary expenditures

    Directory of Open Access Journals (Sweden)

    Florentina Camelia Stoica

    2016-12-01

    Full Text Available This study examines the relation between constitutionality and opportunity in order to adopt regulations in matters of economy and finance. The analysis concerns in particular the regulation process on budgetary expenditures, respectively the constitutional obligation to indicate the source of financing for these expenses. The legal and jurisprudential landmarks identified are likely to reveal the delicate issues of balancing the concurring interests, as well as the constitutionalisation tendency of certain obligations imposed by the law of public finances and, respectively, the Fiscal Responsibility Law in the sense of transforming them into “constitutional criteria” through the application of Article 138 (5 of the Constitution.

  19. Optical approaches to macroscopic and microscopic engineering

    CERN Document Server

    Bartolo, P J D S

    2001-01-01

    This research investigates the theoretical basis of a new photo-fabrication system. By this system, optical and thermal effects are used, together or separately, to locally induce a phase change in a liquid resin. This phase change phenomena is used to 'write' three-dimensional shapes. In addition, a thermal-kinetic model has been developed to correctly simulate the physical and chemical changes that occur in the bulk (and surroundings) of the material directly exposed to radiation and/or heat, and the rates at which these changes occur. Through this model, the law of conservation of energy describing the heat transfer phenomena is coupled with a kinetic model describing in detail the cure kinetics in both chemical and diffusion-controlled regimes. The thermal-kinetic model has been implemented using the finite element method. Linear rectangular elements have been considered and the concept of isoparametric formulation used. The Cranck-Nicolson algorithm has been used to integrate the system of equations, res...

  20. On the integration of public law jurisprudence

    Institute of Scientific and Technical Information of China (English)

    YUAN Shuhong

    2006-01-01

    After two to three hundred years of development,modern public laws have become more and more important,mature and integrated especially since the 20th century.Traditionally,the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law,administrative law,criminal law,procedural law,international public law,etc.Nevertheless,with all-around emergence of public law,the traditional research method can no longer adapt to the development needs of the modern public law.Therefore,it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws,so as to do comprehensive,integrated and systematic researches on various sectional public laws.Based on the indepth argumentation about the necessity of developing unified public laws,this paper further puts forward that,to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it,the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria,common public law features and general public law rules and so on;form its theoretical basis on the line of the relations between public power and the citizen privilege;establish its category structure found on the concept of public power and the derivative core and basic categories;and build up the disciplinary system based on the systematic integrity of the public law research results.

  1. Ethics and law for the radiologic technologist.

    Science.gov (United States)

    Lynn, S D

    1999-01-01

    Radiologic technologists face daily decisions based on both ethics and law. Ethics has a long history in medicine and includes biomedical, professional and personal ethics. Health care professionals also must be aware of administrative, constitutional, civil and criminal law. They are subject to both criminal and civil penalties for misconduct in the course of carrying out professional duties.

  2. Laws Concern Domestic Issues of the PRC

    Institute of Scientific and Technical Information of China (English)

    1994-01-01

    Article 1 This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view to ensuring self-government by the villagers in the countryside, who will administer their own affairs in accordance with the law, and promoting socialist democracy at the grassroots level, socialist material

  3. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

  4. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  5. Public Security and Fundamental Principles of Criminal Law

    NARCIS (Netherlands)

    Besselink, Leonard F.M.

    2011-01-01

    The theme of this paper is “public security and constitutional principles of criminal law”. This paper presents some thoughts and formulates some questions concerning developments in the broad area of criminal law and public security which pose a challenge to constitutional law. The paper focuses no

  6. An Economic Constitution Long Overdue

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    The draft version of an anti-monopoly law has been presented to the National People's Congress, China's top legislature, for examination and approval. This means an anti-monopoly law, the first ever of its kind in the nation, is almost ready to be realized after years of deliberation and consultation.

  7. BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2015-01-01

    Full Text Available Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.

  8. Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study.

    Science.gov (United States)

    Yu, Wenjun; Ma, Mingyue; Chen, Xuemei; Min, Jiayu; Li, Lingru; Zheng, Yanfei; Li, Yingshuai; Wang, Ji; Wang, Qi

    2017-01-01

    Traditional Chinese medicine (TCM), Japanese-Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are all derived from the Canon of Internal Medicine or Treatise on Febrile and Miscellaneous Diseases of Ancient China. However, the three countries have different constitutional classifications and criteria. Medical sciences in the three countries focus on the clinical applications of constitutional theory. They all agree that different pathogenic laws that guide the treatment of diseases govern different constitutions; thus, patients with different constitutions are treated differently. The three countries also differ in terms of drug formulations and medication. Japanese medicine is prescribed only based on constitution. Korean medicine is based on treatment, in which drugs cannot be mixed. TCM synthesize the treatment model of constitution differentiation, disease differentiation and syndrome differentiation with the treatment thought of treating disease according to three categories of etiologic factors, which reflect the constitution as the characteristic of individual precision treatment. In conclusion, constitutional medicines of China, Japan, and Korea have the same theoretical origin, but differ in constitutional classification, clinical application of constitutional theory on the treatment of diseases, drug formulations and medication.

  9. [Euthanasia in Muslim law].

    Science.gov (United States)

    Abbasi, Mahmoud

    2007-09-01

    If a physician accepts to conduct an act of euthanasia or assisted suicide, would it be possible for him to be charged with homicide or even, is patient consent or motivation of the physician, susceptible to change the nature of the criminal act? Since the 1990s, a transformation has occurred in the way of dealing with these questions and figures from the world of philosophy, ethics and law can now be found in favor of euthanasia and assisted suicide. In certain countries, legislation has even been modified to follow this pattern. In consequence, besides the philosophical and ethical dimensions of this issue, it has become necessary to reexamine, even to revise, the notion of responsibility concerning euthanasia in Muslim law from new bases constituted by the doctrine of the Ulemas.

  10. A unified viscoplasticity constitutive model based on irreversible thermodynamics

    Institute of Scientific and Technical Information of China (English)

    LIU ChangChun; LV HeXiang; GUAN Ping

    2008-01-01

    A unified viscoplasticity constitutive model for metal materials is developed within the framework of irreversible thermodynamics, and an expression for the Helmholtz free energy function involving the parameters reflecting kinematic hardening and isotropic hardening is given. At the same time a non-associated flow potential function including the corresponding state variables is also given, from which the flow equation and the evolution equations of the internal state variables are derived. Thus, a general theoretical framework constructing a unified viscoplasticity con-stitutive model is given. Compared with the typical unified viscoplasticity constitu-tive models, the presented model evidently satisfies the irreversible thermody-namics laws. Moreover, this method not only provides a new theoretical foundation for further development of the unified viscoplasticity constitutive model, but also gives a new theoretical framework for the stress-strain analysis of more materials.

  11. GENERAL EXPRESSIONS OF CONSTITUTIVE EQUATIONS FOR ISOTROPIC ELASTIC DAMAGED MATERIALS

    Institute of Scientific and Technical Information of China (English)

    唐雪松; 蒋持平; 郑健龙

    2001-01-01

    The general expressions of constitutive equations for isotropic elastic damaged materials were derived directly from the basic law of irreversible thermodynamics. The limitations of the classical damage constitutive equation based on the well-known strain equivalence hypothesis were overcome. The relationships between the two elastic isotropic damage models(i. e. single and double scalar damage models)were revealed. When a single scalar damage variable defined according to the microscopic geometry of a damaged material is used to describle the isotropic damage state, the constitutive equations contain two "damage effect functions", which describe the different influences of damage on the two independent elastic constants. The classical damage constitutive equation based on the strain equivalence hypothesis is only the first-order approximation of the general expression.It may be unduly simplified and may fail to describe satisfactorily the damage phenomena of practical materials.

  12. A unified viscoplasticity constitutive model based on irreversible thermodynamics

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    A unified viscoplasticity constitutive model for metal materials is developed within the framework of irreversible thermodynamics, and an expression for the Helmholtz free energy function involving the parameters reflecting kinematic hardening and isotropic hardening is given. At the same time a non-associated flow potential function including the corresponding state variables is also given, from which the flow equation and the evolution equations of the internal state variables are derived. Thus, a general theoretical framework constructing a unified viscoplasticity constitutive model is given. Compared with the typical unified viscoplasticity constitutive models, the presented model evidently satisfies the irreversible thermodynamics laws. Moreover, this method not only provides a new theoretical foundation for further development of the unified viscoplasticity constitutive model, but also gives a new theoretical framework for the stress-strain analysis of more materials.

  13. The Interplay Between International Law And Labour Law In South Africa: Piercing The Diplomatic Immunity Veil

    National Research Council Canada - National Science Library

    Ezette Gericke

    2014-01-01

    .... The overriding effect of the Constitution of the Republic of South Africa, 1996 as supreme law to protect the labour rights of employees is weighed against the effect of various binding international...

  14. Building Blocks of Freedom: The Constitution Was Built on Foundations Laid Many Centuries Before.

    Science.gov (United States)

    Peach, Lucinda J.

    1986-01-01

    Reviews the earliest roots of the legal values and principles embodied in the United States Constitution, much of which may be traced to the Magna Carta (1215) and other precedents set by English law. (JDH)

  15. Damage characteristics and constitutive modeling of the 2D C/SiC composite: Part II – Material model and numerical implementation

    Directory of Open Access Journals (Sweden)

    Li Jun

    2015-02-01

    Full Text Available In this work, a macroscopic non-linear constitutive model accounting for damage, inelastic strain and unilateral behavior is proposed for the 2D plain-woven C/SiC composite. A set of scalar damage variables and a new thermodynamic potential expression are introduced in the framework of continuum damage mechanics. In the deduced constitutive equations, the material’s progressive damage deactivation behavior during the compression loading is described by a continuous function, and different deactivation rates under uniaxial and biaxial compression loadings are also considered. In damage evolution laws, the coupling effect among the damage modes and impediment effect of compression stress on the development of shear damage in different plane stress states are taken into account. Besides, the general plasticity theory is applied to describing the evolution of inelastic strain in tension and/or shear stress state. The Tsai–Wu failure criterion is adopted for strength analysis. Additionally, the material model is implemented as a user-defined material subroutine (UMAT and linked to the ABAQUS finite element software, and its performance is demonstrated through several numerical examples.

  16. The significance of constitutional values

    Directory of Open Access Journals (Sweden)

    HN Nisihara

    2001-12-01

    Full Text Available This article addresses the question of the meaning and legal significance of constitutional values in contemporary times. The article attends also to related questions namely, what constituteconstitutional values” and what are the limitations of the meaning afforded to this notion. Attention is paid in the particular, to freedom, equality and democracy as value-neutral criteria of fairness and government neutrality with reference to the South African and German contexts as well as to value-neutrality as a culturally conditioned value. The author concludes with a cosmopolitan view of freedom and the right to peace with reference to the constitutional texts of Japan and the United States.

  17. Are Sanctions on Employers Constitutional?

    Science.gov (United States)

    Gollobin, Ira

    1988-01-01

    Questions the constitutional validity of employer sanctions used to deter illegal immigration under the Immigration Reform and Control Act. Points out the anomaly of using criminal penalties to deter a civil, administrative violation. (FMW)

  18. The President and the Constitution.

    Science.gov (United States)

    Toler, Frank

    1988-01-01

    Intended for ninth grade students, this ten day unit focuses on the constitutional powers of the President of the United States. Included are worksheets, vocabulary, writing assignments, tests, and quizzes. (JDH)

  19. Jonathan's Constitutional Conference in Nigeria

    African Journals Online (AJOL)

    ian

    2013-10-01

    Oct 1, 2013 ... Reasonably and pragmatically too, democratic-driven processes, in which .... Platonic conception of elite's rationality, the theory posits that the domain of ... 'the people' are hardly the players in constitution-making and design.

  20. Are Sanctions on Employers Constitutional?

    Science.gov (United States)

    Gollobin, Ira

    1988-01-01

    Questions the constitutional validity of employer sanctions used to deter illegal immigration under the Immigration Reform and Control Act. Points out the anomaly of using criminal penalties to deter a civil, administrative violation. (FMW)