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1
Baker, Dennis J. "Complicity, Proportionality, and the Serious Crime Act." New Criminal Law Review 14, no. 3 (2011): 403–26. http://dx.doi.org/10.1525/nclr.2011.14.3.403.
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This paper evaluates proportionate punishment and fair labelling in the context of complicity liability. It is argued that only full intentional and extreme (subjective) reckless assistance or encouragement is sufficient for holding a secondary party equally responsible for the principal's primary wrongdoing. It is also submitted that lesser mens rea states such as mere knowledge or belief provide a justification for grading certain forms of complicity as independent and less serious forms of criminality. More specifically, I examine the new provisions found in the United Kingdom's Serious Crime Act 2007 and argue that those provisions could be used in place of the older provisions dealing with accessorial liability to ensure that those who are only subjectively reckless in contributing to the criminality of others are punished less than the principal. If a person is going to be sent to prison for life for merely supplying a gun to a principal, then justice and fair punishment require that the assistance be intentional or at least extremely reckless
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Al-Hakim, Mohamad, and Susan Dimock. "Hate as an Aggravating Factor in Sentencing." New Criminal Law Review 15, no. 4 (2012): 572–611. http://dx.doi.org/10.1525/nclr.2012.15.4.572.
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Our principal concern in this paper is with the accusation that hate crime legislation violates the principle of proportionality and related principles of just sentencing, such as parity, fair notice, and representative labelling. We argue that most attempts to reconcile enhanced punishment for hate crimes with the principle of proportionality fail. More specifically, it seems that any argument that tries to justify hate crime legislation on the grounds that such crimes are more serious because their consequential harms are worse or their perpetrators are more culpable than their nonhateful counterparts will fail, and thus enhanced punishment will violate the principle of proportionality. Given the seeming irreconcilable tension between proportionality and hate crime legislation, we turn to consideration of hybrid theories of punishment that permit deviations from strict proportionality when needed to serve other important and legitimate purposes of sentencing. We argue that even if such hybrid theories can justify the enhanced punishments for hate crimes, existing theories cannot provide any principled limit on the extent from which proportionality can be deviated. We suggest such a limit and provide a principled justification for it.
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Ding, Libo, Bangyi Li, and Suling Feng. "Research on Multiprincipals Selecting Effective Agency Mode in the Student Loan System." Mathematical Problems in Engineering 2014 (2014): 1–8. http://dx.doi.org/10.1155/2014/835254.
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An effective agency mode is the key to solve incentive problems in Chinese student loan system. Principal-agent frameworks are considered in which two principals share one common agent that is performing one single task but each prefers the different aspect of the task. Three models are built and decision mechanisms are given. The studies show that the three modes have different effects. Exclusive dealing mode is not good for long-term effect because sometimes it guides agent ignoring repayment. If effort proportionality coefficient and observability are both unchanged, principals all prefer common agency, but independent contracting mode may be more efficient in reality because not only the total outputs under that mode are larger than those under cooperation one, but also preferring independent contracting mode can stimulate the bank participating in the game.
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Lima, MSCS, and J. Pederassi. "Morphometrics and ratio of body proportionality of tadpoles of Rhinella icterica (Anura, Bufonidae) at different developmental stages." Brazilian Journal of Biology 72, no. 3 (August 2012): 623–29. http://dx.doi.org/10.1590/s1519-69842012000300028.
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The plasticity of the anurans' development is probably related to their great ecological and geographic diversity. Therefore, the understanding of environmental occupation by tadpoles is related to their morphological peculiarities. We evaluated the morphologic development of the larval phases 23, 25, 30, 37, 39 and 42 of Rhinella icterica with the aim of establishing the ratio of growth, the increase in corporal mass in relation to growth and the isometry of the corporal variables for each evaluated stage. We submitted the corporal variables to the Multivariate Allometry and the relation between these variables was evaluated using the Principal Components Analysis. We verified the isometric growth and correlation between the different variables, evaluated the growth according to the body mass and established the proportionality ratio between the corporal regions. Each corporal region evaluated presented a fixed proportionality ratio, regardless of the stage, and the size of this portion was found when its proportionality index was multiplied by the tadpole's total length. This study demonstrates that the larval phase of R. icterica presents an isometric growth with proportional development of the corporal parts regardless of the evaluated stage.
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Liu, Shu Li, Takamoto Itoh, and Noriyuki Fujii. "Visualization of Multiaxial Stress/Strain State and Evaluation of Failure Life by Developed Analyzing Program under Non-Proportional Loading." Advanced Materials Research 891-892 (March 2014): 1391–96. http://dx.doi.org/10.4028/www.scientific.net/amr.891-892.1391.
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This study presents definitions of principal stress/strain range and mean stress/strain introduced by utilizing Itoh-Sakane criterion for multiaxial loading including non-proportional loading, and shows the method of calculating the non-proportional factor which expresses the severity of non-proportional loading under the multiaxial 3D loading. This paper also shows a method of visually presenting the stress/strain, the non-proportionality of loading and the damage evaluation.
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Moon, Richard. "Limits on Constitutional Rights: The Marginal Role of Proportionality Analysis." Israel Law Review 50, no. 1 (February 9, 2017): 49–68. http://dx.doi.org/10.1017/s0021223716000327.
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Canada is often cited as one of the principal sources of proportionality analysis – an approach to the determination of limits on constitutional rights that has been adopted in many jurisdictions. The two-step structure of constitutional rights adjudication is built on the idea that these rights are the basic conditions of individual autonomy or liberty that must be protected from the demands of collective welfare. At the first stage of the adjudication the court determines whether the restricted activity falls within the scope of the right. At the second stage the court balances the right against the competing interest advanced by the restrictive law to determine whether the restriction is justified. Yet few of these rights fit this individual liberty model and are better understood as social or relational in character, protecting different aspects of the individual's interaction or connection with others in the community. If we recognise that most constitutional rights do not simply protect individual autonomy but instead protect different aspects of human flourishing or dignity within community then two conclusions may follow. First, there can be no single generic test for limits on rights. The form or character of ‘limitations’ on these rights may differ in significant ways. Second, the two steps of adjudication may often be difficult to separate, or the separation may seem quite artificial. Many of the issues addressed by the courts will not fit easily into the two-step structure of analysis because the ‘competing’ interests are really different dimensions of a social relationship.
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Stone Sweet, Alec. "Investor-State Arbitration: Proportionality's New Frontier." Law & Ethics of Human Rights 4, no. 1 (April 30, 2010): 48–76. http://dx.doi.org/10.2202/1938-2545.1044.
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The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID) is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.
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Mosquera, Juan Carlos Velasquez, Juan David Corrales Álvarez, and Carolina Bespalhok Jacometo. "Morphofunctional characteristics of working mules in mountain areas of the Colombian Central Andes." Acta Scientiarum. Animal Sciences 42 (September 30, 2019): e46379. http://dx.doi.org/10.4025/actascianimsci.v42i1.46379.
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The application of morphofunctional measurements allows the selection of suitable animals to perform working activities and ensure that animal maximum capacities are not exceeded. Mules are commonly used by small farmers for agricultural work in mountain areas where the access is extremely difficult. We aimed to estimate the functionality indexes of working mules in mountain areas of the Colombian Central Andes. A total of 94 adult mules were evaluated for withers height, thoracic perimeter, body length, neck length, and body weight, which were used to determine the body index (BI), proportionality index (PI), and load carriage index (LCI). Descriptive statistics, analysis of correlations, and principal component analysis were performed. Males presented higher morphometric measurements than females. There was a negative correlation between BI with PI and LCI. The principal component analysis was able to merge characteristics in two components explaining 81.78% of the variance in the indexes. These results demonstrated that working mules in the studied area have morphometric characteristics that define them as mesolinear animals with a low frame and broad chest, and these characteristics can function as a guide to identify desirable conformation indices for working mules, determining values of adequate load, respecting animal welfare.
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Kleffner, Jann K. "Section IX of the ICRC Interpretive Guidance on Direct Participation in Hostilities: The End of Jus in Bello Proportionality as We Know It?" Israel Law Review 45, no. 1 (March 2012): 35–52. http://dx.doi.org/10.1017/s0021223711000069.
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Section IX of the ICRC Interpretive Guidance on Direct Participation in Hostilities asserts: ‘In addition to the restraints imposed by international humanitarian law on specific means and methods of warfare, and without prejudice to further restrictions that may arise under other applicable branches of international law, the kind and degree of force which is permissible against persons not entitled to protection against direct attack must not exceed what is actually necessary to accomplish a legitimate military purpose in the prevailing circumstances’. The present article scrutinises arguments that have been, or can be, advanced in favour of and against a ‘least harmful means’ requirement for the use of force in situations of armed conflict as suggested in Section IX. The principal aim of the article is to examine the question whether such an additional proportionality requirement forms part of the applicable international lex lata.
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Kilcommins, Shane. "The victim in the Irish criminal process: a journey from dispossession towards partial repossession." Northern Ireland Legal Quarterly 68, no. 4 (December 21, 2017): 505–17. http://dx.doi.org/10.53386/nilq.v68i4.61.
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This article has sought to examine the criminal justice system’s interactions with victims of crime. It is a relationship which has changed irrevocably over time. A significant discontinuity occurred in the nineteenth century when a new architecture of criminal and penal semiotics slowly emerged. An institutional way of knowing interpersonal conflict crystallised, one which reified system relations over personal experiences. It also emphasised new ideals and values such as proportionality, legalism, procedural rationality, equality and uniformity. New commitments, discourses and practices came to the fore in the criminal justice network. In modernity, the problem of criminal wrongdoing became a rationalised domain of action, a site which actively distrusted and excluded ‘non-objective’ truth claims. The state, the law, the accused and the public interest became the principal claims-makers within this institutional and normative arrangement, an arrangement which would dominate criminal and penal relations for the next 150 years. In the last 40 years, the victim has slowly re-emerged as a stakeholder in the criminal process.
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Savițkaia-Baraghin, Iarîna. "5. The Basic Principles of The Working Process From Nature and the Role of Composition in Creating Landscape in Terms of Plein-Air." Review of Artistic Education 14, no. 1 (March 2, 2017): 159–65. http://dx.doi.org/10.1515/rae-2017-0021.
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Abstract Principles of possession of the landscape painting, applied by masters of the past, as well as theoretical elaborations of scientists in the field of chromatics, psychology and pedagogy of arts, become important components in improving training methods of artists in plein-air in contemporary conditions. The skills and knowledge gained in the process of pleinair studies form professional skills and improve the properties of painting and composition within the workshop. This studying outlines the stringency of training and development methods of creative individuality, especially in plein-air, where the principal teacher is the nature. The plein-air enriches color perception of the real world, located in the air, and mutual relationship of landscape with architecture and space determines knowledge of the issues of proportionality and subordination in compositions, educates sense of proportion and artistic taste. Improving visual mastery into the natural environment contributes to the formation to painters of the necessity to create outside the workshop, which is a necessary condition for the development of individuality and professional skills of the painter.
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Roberts, Julian V., and Gabrielle Watson. "Reducing female admissions to custody: Exploring the options at sentencing." Criminology & Criminal Justice 17, no. 5 (January 6, 2017): 546–67. http://dx.doi.org/10.1177/1748895816684177.
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Although women represent a small minority of the prison population in all nations, it has long been a concern that custody is overused with respect to female offenders. Reducing the number of women in prison has therefore emerged as a policy priority in many western nations, including the United Kingdom. This article evaluates a range of sentencing strategies to reduce the number of women in prison, on the grounds that their experience of the sanction is disproportionately severe. The challenge is to achieve a reduction in women’s imprisonment without compromising the fundamental sentencing principles of equity and proportionality. Although no jurisdiction has launched a sentencing initiative with this specific aim, the international sentencing literature offers insight into the most effective methods by which reductions may be achieved. Informed by the principle of equal impact, which underpins gender-specific sentencing, we explore policy options in two principal domains: (1) statutory provisions to eliminate or restrict judicial discretion to imprison female offenders; and (2) sentencing guidelines to structure judicial discretion in gender-sensitive ways. We conclude by considering the likelihood of implementing the options.
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Basan, Robert, and Tea Marohnić. "Multiaxial Fatigue Life Calculation Model for Engineering Components in Rolling-Sliding Contact." MATEC Web of Conferences 188 (2018): 02016. http://dx.doi.org/10.1051/matecconf/201818802016.
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Number of important engineering components and elements such as gears, rollers, bearings operate in conditions of rolling-sliding contact loading. Determination of fatigue lives of such components and elements is very important for engineering practice but remains quite chalenging task due to complex states of stress and strain in the material in the vicinity of contact (multiaxiality, non-proportionality, rotation of principal axes, mean compressive stress) as well as complex contact conditions such as loading amplitude, complex geometry of bodies in contact, type of lubrication, value of coefficient of friction, etc. Proposed fatigue life calculation model for cases of rolling-sliding contact is based on critical plane approach in the form of Fatemi-Socie crack initiation criterion. Developed model was implemented in the case of gears teeth flanks in mesh and compared with results and fatigue lives of gears reported in literature. Good agreement was determined confirming validity of developed model. Further advantage of presented approach and developed model is obtained information on critical location(s) and critical plane(s) orientation which can subsequently be used for estimation of crack shapes in initial phases of their growth and later damage type into which they can be expected to develop.
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NAZAROV, Ivan V., Olena M. OVCHARENKO, Yana O. KOVALYOVA, and Yulia O. REMESKOVA. "Independence of an Advocate in Disciplinary Proceedings: Comparative Approach with a Focus on Ukrainian Experience." Journal of Advanced Research in Law and Economics 10, no. 2 (March 31, 2020): 603. http://dx.doi.org/10.14505//jarle.v10.2(40).22.
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This research brings a special focus on the notion of disciplinary liability of advocates, regarding their status in a legal system dedicated to universal standards of competitive fair trial. The article is based on experience of Ukraine in shaping an efficient system of the bar, with a wide comparative insight into the systems of disciplinary liability of lawyers in European counties. Universal standards of professional legal ethics are being peculiarly adverted. Safeguards of procedural independence of lawyers in disciplinary proceedings are presented regarding best European practices. It has been concluded that confidentiality is a cornerstone of professional status of a lawyer and limitations of this principal should be strictly envisaged by law. Otherwise, trustful relationships of a lawyer and his client would be challenged. Independence, due proceedings of investigation of disciplinary offences, proportionality are mentioned as basic principles on which the system of disciplinary liability of lawyers in a democratic society is being founded. Local bar associations play a leading role in protection of advocates’ professional rights and shielding them from unwanted attacks of any type, including infringements of procedural rights of lawyers, coming from law-enforcement authorities.
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Musolff, A., S. Leschik, M. T. Schafmeister, F. Reinstorf, G. Strauch, R. Krieg, and M. Schirmer. "Evaluation of xenobiotic impact on urban receiving waters by means of statistical methods." Water Science and Technology 62, no. 3 (August 1, 2010): 684–92. http://dx.doi.org/10.2166/wst.2010.930.
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Xenobiotics in urban receiving waters are an emerging problem. A sound knowledge of xenobiotic input, distribution and fate in the aquatic environment is a prerequisite for risk assessments. Methods to assess the impact of xenobiotics on urban receiving waters should address the diverse characteristics of the target compounds and the spatiotemporal variability of concentrations. Here, we present results from a one-year-monitoring program concerning concentrations of pharmaceuticals, additives from personal care products and industrial chemicals in an urban drainage catchment in untreated and treated wastewater, surface water and groundwater. Univariate and multivariate statistical methods were applied to characterize the xenobiotic concentrations. Correlation and principal component analysis revealed a pronounced pattern of xenobiotics in the surface water samples. The concentrations of several xenobiotics were characterized by a negative proportionality to the water temperature. Therefore, seasonal attenuation is assumed to be a major process influencing the measured concentrations. Moreover, dilution of xenobiotics the surface water was found to significantly influence the concentrations. These two processes control more the xenobiotic occurrence in the surface water than the less pronounced concentration pattern in the wastewater sources. For the groundwater samples, we assume that foremost attenuation processes lead to the found differentiation of xenobiotics.
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Batterham, Alan M., Keith Tolfrey, and Keith P. George. "Nevill's explanation of Kleiber's 0.75 mass exponent: an artifact of collinearity problems in least squares models?" Journal of Applied Physiology 82, no. 2 (February 1, 1997): 693–97. http://dx.doi.org/10.1152/jappl.1997.82.2.693.
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Batterham, Alan M., Keith Tolfrey, and Keith P. George.Nevill’s explanation of Kleiber’s 0.75 mass exponent: an artifact of collinearity problems in least squares models? J. Appl. Physiol. 82(2): 693–697, 1997.—Intraspecific allometric modeling ( Y = a ⋅ mass b , where Y is the physiological dependent variable and a is the proportionality coefficient) of peak oxygen uptake (V˙o 2 peak) has frequently revealed a mass exponent ( b) greater than that predicted from dimensionality theory, approximating Kleiber’s 3/4 exponent for basal metabolic rate. Nevill ( J. Appl. Physiol. 77: 2870–2873, 1994) proposed an explanation and a method that restores the inflated exponent to the anticipated 2/3. In human subjects, the method involves the addition of “stature” as a continuous predictor variable in a multiple log-linear regression model: ln Y = ln a + c ⋅ ln stature + b ⋅ ln mass + ln ε, where c is the general body size exponent and ε is the error term. It is likely that serious collinearity confounds may adversely affect the reliability and validity of the model. The aim of this study was to critically examine Nevill’s method in modelingV˙o 2 peak in prepubertal, teenage, and adult men. A mean exponent of 0.81 (95% confidence interval, 0.65–0.97) was found when scaling by mass alone. Nevill’s method reduced the mean mass exponent to 0.67 (95% confidence interval, 0.44–0.9). However, variance inflation factors and tolerance for the log-transformed stature and mass variables exceeded published criteria for severe collinearity. Principal components analysis also diagnosed severe collinearity in two principal components, with condition indexes >30 and variance decomposition proportions exceeding 50% for two regression coefficients. The derived exponents may thus be numerically inaccurate and unstable. In conclusion, the restoration of the mean mass exponent to the anticipated 2/3 may be a fortuitous statistical artifact.
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Warren, W. E., and A. M. Kraynik. "The Linear Elastic Properties of Open-Cell Foams." Journal of Applied Mechanics 55, no. 2 (June 1, 1988): 341–46. http://dx.doi.org/10.1115/1.3173680.
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A theoretical model for the linear elastic properties of three-dimensional open-cell foams is developed. We consider a tetrahedral unit cell, which contains four identical half-struts that join at equal angles, to represent the essential microstructural features of a foam. The effective continuum stress is obtained for an individual tetrahedral element arbitrarily oriented with respect to the principal directions of strain. The effective elastic constants for a foam are determined under the assumption that all possible orientations of the unit cell are equally probable in a representative volume element. The elastic constants are expressed as functions of compliances for bending and stretching of a strut, whose cross section is permitted to vary with distance from the joint, so the effect of strut morphology on effective elastic properties can be determined. Strut bending is the primary distortional mechanism for low-density foams with tetrahedral microstructure. For uniform strut cross section, the effective Young’s modulus is proportional to the volume fraction of solid material squared, and the coefficient of proportionality depends upon the specific strut shape. A similar analysis for cellular materials with cubic microstructure indicates that strut extension is the dominant distortional mechanism and that the effective Young’s modulus is linear in volume fraction. Our results emphasize the essential role of microstructure in determining the linear elastic properties of cellular materials and provide a theoretical framework for investigating nonlinear behavior.
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Nevill, Alan. "Letters to the Editor." Journal of Applied Physiology 83, no. 6 (December 1, 1997): 2167–68. http://dx.doi.org/10.1152/jappl.1997.83.6.2167.
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The following is the abstract of the article discussed in the subsequent letter: Batterham, Alan M., Keith Tolfrey, and Keith P. George. Nevill’s explanation of Kleiber’s 0.75 mass exponent: an artifact of collinearity problems in least squares models? J. Appl. Physiol. 82(2): 693–697, 1997.—Intraspecific allometric modeling (Y = a ⋅ mass b , where Y is the physiological dependent variable and ais the proportionality coefficient) of peak oxygen uptake (V˙o 2peak) has frequently revealed a mass exponent ( b) greater than that predicted from dimensionality theory, approximating Kleiber’s 3/4 exponent for basal metabolic rate. Nevill ( J. Appl. Physiol. 77: 2870–2873, 1994) proposed an explanation and a method that restores the inflated exponent to the anticipated 2/3. In human subjects, the method involves the addition of “stature” as a continuous predictor variable in a multiple log-linear regression model: ln Y = ln a + c ⋅ ln stature + b ⋅ ln mass + ln ε, where c is the general body size exponent and ε is the error term. It is likely that serious collinearity confounds may adversely affect the reliability and validity of the model. The aim of this study was to critically examine Nevill’s method in modelingV˙o 2peak in prepubertal, teenage, and adult men. A mean exponent of 0.81 (95% confidence interval, 0.65–0.97) was found when scaling by mass alone. Nevill’s method reduced the mean mass exponent to 0.67 (95% confidence interval, 0.44–0.9). However, variance inflation factors and tolerance for the log-transformed stature and mass variables exceeded published criteria for severe collinearity. Principal components analysis also diagnosed severe collinearity in two principal components, with condition indexes >30 and variance decomposition proportions exceeding 50% for two regression coefficients. The derived exponents may thus be numerically inaccurate and unstable. In conclusion, the restoration of the mean mass exponent to the anticipated 2/3 may be a fortuitous statistical artifact.
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López Insua, Belén. "LÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, no. 2 (2020): 374–99. http://dx.doi.org/10.12795/e-rips.2020.i02.17.
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Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.
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Butcher, Cliff, and Armin Abedini. "On Phenomenological Failure Loci of Metals under Constant Stress States of Combined Tension and Shear: Issues of Coaxiality and Non-Uniqueness." Metals 9, no. 10 (September 28, 2019): 1052. http://dx.doi.org/10.3390/met9101052.
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The present study investigates how the choice of characterization test and the composition of the stress state in terms of tension and shear can produce a non-unique failure locus in terms of stress triaxiality under plane stress conditions. Stress states that are composed of tensile and simple shear loadings result in a loss of proportionality between the cumulative strain and stress such that the principal frames become non-coaxial despite a constant stress triaxiality. Consequently, it is shown that the conventional interpretation of a failure locus in plane stress is based upon an implicit assumption of proportional coaxial loading. The use of simple shear tests along with traditional in-plane tensile tests for fracture characterization is only one “path” that can be taken in terms of the stress triaxiality, which may produce a bifurcation at uniaxial tension while the tension–torsion path does not. In general, the failure locus in terms of the equivalent strain is a failure surface and must consider the composition of the stress state that produces a given triaxiality. A comprehensive review of phenomenological fracture loci within a modified Mohr-Coulomb (MMC) framework is performed to highlight how the choice of stress states obtained using different characterization tests can change the apparent fracture locus of a material. The finite strain solutions for the work conjugate equivalent strain are derived for various loading paths that produce the same stress triaxiality. It is then shown that accounting for non-coaxiality leads to equivalent failure strains that are even higher than previously reported in tension–torsion tests within the literature. The equivalent plastic strains integrated from finite-element simulations are work-conjugate by definition. The equivalent strains estimated from the cumulative principal strains using DIC strain measurement depend upon a coaxial or non-coaxial assumption. Finally, an analytical solution for the onset of diffuse necking that accounts for the stabilizing influence of shear loading against a tensile instability is considered. Even under plane stress conditions, a failure surface arises in terms of the equivalent strain at necking, the stress triaxiality, and the severity of shear loading.
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Zacharias, Diana. "Protective Declarations Against Scientology as Unjustified Detriments to Freedom of Religion: A Comment on the Decision of the Federal Administrative Court of 15 December 2005." German Law Journal 7, no. 10 (October 1, 2006): 833–42. http://dx.doi.org/10.1017/s2071832200005149.
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In German constitutional law doctrine, the principal problem which state measures are to be qualified as relevant restrictions to activate the protection by basic rights has not yet been conclusively solved. According to the classic definition, a relevant restriction is given if the infringement of a basic right is final (not a merely unintentional consequence of an activity that aims at fulfilling other purposes) and direct (not only an intended but indirect consequence of the state activity), a legal act with legal (not merely de facto) effects and issued or executed by order and force. Restrictions that do not fall under this definition are problematic. This in particular goes for triangle constellations where the reaction of the addressee of a State measure causes a detriment to a third person's basic rights so that it must be asked whether that restriction can be attributed to the State so that it must justify them, possibly like other direct state measures. A typical example is the case of state warnings against dangerous products; when followed these warnings cause consumers to avoid these products and result in negative effects on the producer's commercial activities, activities that are protected by the freedom of profession or the property right. Connected with the problem of the right classification of such state measures is the question of in what cases restrictions that are found relevant under aspects of basic rights doctrine must correspond with the provision of legality and with other substantive principles in order to be justified. In the case of classical infringements, there is no doubt that a legal authorization is needed and that the principle of proportionality must be observed.
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Vergara Mesa, Hernán Darío. "Dismissal of the discretionary administrative in Colombia: a view from the principle of proportionality." Revista de Derecho Uninorte, no. 44 (June 15, 2015): 1–30. http://dx.doi.org/10.14482/dere.44.7167.
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Finkel, Norman J., and Stefanie F. Smith. "Principals and Accessories in Capital Felony-Murder: The Proportionality Principle Reigns Supreme." Law & Society Review 27, no. 1 (1993): 129. http://dx.doi.org/10.2307/3053752.
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Tohari, Hamim. "Gaya Kepemimpinan berbasis Emotional Intelligence." Jurnal Kependidikan 5, no. 1 (December 1, 2017): 37–54. http://dx.doi.org/10.24090/jk.v5i1.1241.
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This paper is intended to provide input to school principals or leaders of educational institutions to not only pay attention to aspects of intellectual and spiritual intelligence in the use of leadership style, but also attention to aspects of emotional intelligence because this aspect has an important role in interacting with subordinates. Emotional intelligence is interpreted as the ability to listen to emotional whispers, and make it an important source of information to understand yourself and others to achieve a goal. If the principal can use this emotional intelligence well, the emotional relationship between the principal and teachers and employees will always be maintained and is expected to improve the performance of subordinates in achieving organizational goals. There are six leadership styles based on emotional intelligence mentioned by Goleman, i.e. visionary , mentor, affiliative, democratic, speed determinant, and authoritarian leadership styles. However, the principle should apply this styles of leadership proportionaly.
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Almqvist, Bjarne S. G., Hagen Bender, Amanda Bergman, and Uwe Ring. "Magnetic properties of pseudotachylytes from western Jämtland, central Swedish Caledonides." Solid Earth 11, no. 3 (May 7, 2020): 807–28. http://dx.doi.org/10.5194/se-11-807-2020.
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Abstract. Fault kinematics can provide information on the relationship and assembly of tectonic units in an orogen. Magnetic fabric studies of faults where pseudotachylytes form have recently been used to determine direction and sense of seismic slip in prehistoric earthquakes. Here we apply this methodology to study magnetic fabrics of pseudotachylytes in field structures of the Köli Nappe Complex (central Swedish Caledonides), with the aim to determine fault kinematics and decipher the role of seismic faulting in the assembly of the Caledonian nappe pile. Because the pseudotachylyte veins are thin, we focused on small (ca. 0.2 to 0.03 cm3) samples for measuring the anisotropy of magnetic susceptibility. The small sample size challenges conventional use of magnetic anisotropy and results acquired from such small specimens demand cautious interpretation. Importantly, we find that magnetic fabric results show inverse proportionality among specimen size, degree of magnetic anisotropy and mean magnetic susceptibility, which is most likely an analytical artifact related to instrument sensitivity and small sample dimensions. In general, however, it is shown that the principal axes of magnetic susceptibility correspond to the orientation of foliation and lineation, where the maximum susceptibility (k1) is parallel to the mineral lineation, and the minimum susceptibility (k3) is dominantly oriented normal to schistosity. Furthermore, the studied pseudotachylytes develop distinct magnetic properties. Pristine pseudotachylytes preserve a signal of ferrimagnetic magnetite that likely formed during faulting. In contrast, portions of the pseudotachylytes have altered, with a tendency of magnetite to break down to form chlorite. Despite magnetite breakdown, the altered pseudotachylyte mean magnetic susceptibility is nearly twice that of altered pseudotachylyte, likely originating from the Fe-rich chlorite, as implied by temperature-dependent susceptibility measurements and thin-section observations. Analysis of structural and magnetic fabric data indicates that seismic faulting occurred during exhumation into the upper crust, but these data yield no kinematic information on the direction and sense of seismic slip. Additionally, the combined structural field and magnetic fabric data suggest that seismic faulting was postdated by brittle E–W extensional deformation along steep normal faults. Although the objective of finding kinematic indicators for the faulting was not fully achieved, we believe that the results from this study may help guide future studies of magnetic anisotropy with small specimens (<1 cm3), as well as in the interpretation of magnetic properties of pseudotachylytes.
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Leonaitė, Erika. "Proporcingumo principas ir jo taikymas EŽTT bylose prieš Lietuvą pagal EŽTK 8 straipsnį." Teisė 77 (January 1, 2010): 113–25. http://dx.doi.org/10.15388/teise.2010.0.197.
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Straipsnyje nagrinėjamas proporcingumo principo taikymas Europos žmogaus teisių teismo jurisprudencijoje, pabrėžiant šio principo veikimą teisės į privataus ir šeimos gyvenimo gerbimą bylose prieš Lietuvą. Konkrečiai nagrinėjamas proporcingumo, kaip vieno iš „būtinumo demokratinėje visuomenėje“ principo elemento, veikimas, kokie kriterijai taikomi atliekant proporcingumo analizę. The article deals with the application of the principle of proportionality in the jurisprudence of the European Court of Human Rights, with the emphasis on cases directed against Lithuania concerning the right to respect for private and family life. In particular, the criteria employed in assessing the proportionality of the interference, are analysed.
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Munday, E. G. "Significance of the Relative Orientation of the Mean and Alternating Principal Stress Axes in Biaxial Fatigue." Journal of Engineering Materials and Technology 114, no. 4 (October 1, 1992): 406–8. http://dx.doi.org/10.1115/1.2904192.
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In certain biaxial fatigue problems, the stress components can be represented as a superposition of mean components, and proportionally applied alternating components. Such representation is the first step in applying some of the more popular methods for long-life fatigue analysis. It is commonly assumed, perhaps unwittingly, that the relative orientation of the mean and alternating principal stress axes does not influence fatigue behavior. It is explained how this assumption is inherent in several popular methods. It is pointed out that the validity of the assumption cannot be demonstrated by existing data.
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Withers, Philip, and Graham Thompson. "Size-free shape differences between male and female Western Australian dragon lizards (Agamidae)." Amphibia-Reptilia 26, no. 1 (2005): 55–63. http://dx.doi.org/10.1163/1568538053693332.
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AbstractExamination of size-free body shape for males and females of 41 species of Western Australian dragon lizards (Agamidae) indicate that males generally have a proportionally longer head, and females a proportionally longer abdomen. Principal component and cluster analyses show that size-free body shape differences between males and females are neither uniform nor consistent within the Agamidae, or the genus Ctenophorus. This inconsistency is problematic when linking morphological characteristics with performance traits, use of space, or preferred habitat for species. We recommend that male and female dragons are treated separately in morphological analyses, but acknowledge that this increases the complexity of analyse and interpretations.
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Valkadinova, Vanya. "The principle of proportionality in the application of sanctions and other measures of state coercion according to Bulgarian legislation and European Union law." Zbornik radova Pravnog fakulteta Nis 57, no. 79 (2018): 181–96. http://dx.doi.org/10.5937/zrpfni1879181v.
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Souza, Sergio Aquino de. "Aplicação de novo modelo simulação de fusões ao transporte aéreo." Journal of Transport Literature 8, no. 4 (October 2014): 37–59. http://dx.doi.org/10.1590/2238-1031.jtl.v8n4a2.
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Este artigo apresenta o Antitrust Mixed Logit Model (AMLM), uma metodologia nova que demonstra como calibrar os parâmetros de um modelo de demanda mixed-logit e simular os efeitos unilaterais decorrentes de uma fusão horizontal. A principal vantagem sobre a versão mais simples que utiliza o modelo logit (Antitrust Logit Model, ALM, desenvolvido por Werden e1994) é a flexibilidade da demanda, o que resulta em elasticidades mais plausíveis e, conseqüentemente, previsões mais plausíveis sobre o efeito de fusões. Ao contrário de abordagens econométricas, o AMLM compartilha com o ALM atributos interessantes para autoridades de defesa da concorrência: requer poucos dados e é rápido de processar. Utilizam-se dados fictícios para ilustrar a operação, principais inputs e outputs do AMLM e comparar os resultados com outros modelos como ALM e o PCAIDS (Proportionally Calibrated Almost Ideal Demand System). Adicionalmente, aplica-se o modelo AMLM às simulações entre várias empresas que compõem o mercado de transporte aéreo de passageiros, incluindo a recente fusão real entre GOL e WEBJET.
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Thom, Mitchell L., Katherine Willmore, Alexandra Surugiu, Emily Lalone, and Timothy A. Burkhart. "Females Are Not Proportionally Smaller Males: Relationships Between Radius Anthropometrics and Their Sex Differences." HAND 15, no. 6 (February 28, 2019): 850–57. http://dx.doi.org/10.1177/1558944719831239.
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Background: Distal radius fracture reduction by internal fixation is most commonly achieved using volar locking plates (VLPs). Many standard VLP designs make little point contact with radius anatomy, and most postsurgical complications following fixation are attributed to poor implant fit. Sex differences may require consideration in implant design, as females more commonly require VLP removal. Therefore, the purpose of this research was to determine whether the relationships between measures of radius shape are proportional between the sexes. Methods: Three-dimensional radius bone geometries were created from 40 male and 34 female (mean age = 72.04 years) forearm computed tomographic scans in Mimics (Materialise NV, Leuven, Belgium). Eleven measures of radius shape were collected from each scan. Principal components analysis was performed on these measures to determine which shape variables account for the greatest differences in radius shape among individuals and between the sexes. Results: Principal component scores representing isometric radius size separated the sexes. Six anthropometric measures significantly correlated with isometric radius size for all specimens, whereas 3 and 1 measures significantly correlated with isometric radius size in males and females, respectively. Conclusions: Anthropometrics of male and female radii vary by different proportions. Using anthropometrics from both sexes to create a single implant system may not result in optimal patient fit for either sex.
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Munday, Edgar G. "The Effect of Mean Stress Components in High-Cycle, Biaxial Fatigue." International Journal of Mechanical Engineering Education 31, no. 2 (April 2003): 177–86. http://dx.doi.org/10.7227/ijmee.31.2.10.
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A new method is presented to obtain the effect of mean stress components in high-cycle, biaxial fatigue. It is assumed that the time-varying stress state can be represented as a superposition of mean components, and proportionally applied alternating components. The method takes into account the relative orientation of the mean and alternating principal stress axes by making the ‘equivalent mean stress’ depend on the alternating components as well as the mean stress components. The method correlates well with the available data. The new method is compared with three popular methods.
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Armitage, John J., Alexander C. Whittaker, Mustapha Zakari, and Benjamin Campforts. "Numerical modelling of landscape and sediment flux response to precipitation rate change." Earth Surface Dynamics 6, no. 1 (February 15, 2018): 77–99. http://dx.doi.org/10.5194/esurf-6-77-2018.
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Abstract. Laboratory-scale experiments of erosion have demonstrated that landscapes have a natural (or intrinsic) response time to a change in precipitation rate. In the last few decades there has been growth in the development of numerical models that attempt to capture landscape evolution over long timescales. However, there is still an uncertainty regarding the validity of the basic assumptions of mass transport that are made in deriving these models. In this contribution we therefore return to a principal assumption of sediment transport within the mass balance for surface processes; we explore the sensitivity of the classic end-member landscape evolution models and the sediment fluxes they produce to a change in precipitation rates. One end-member model takes the mathematical form of a kinetic wave equation and is known as the stream power model, in which sediment is assumed to be transported immediately out of the model domain. The second end-member model is the transport model and it takes the form of a diffusion equation, assuming that the sediment flux is a function of the water flux and slope. We find that both of these end-member models have a response time that has a proportionality to the precipitation rate that follows a negative power law. However, for the stream power model the exponent on the water flux term must be less than one, and for the transport model the exponent must be greater than one, in order to match the observed concavity of natural systems. This difference in exponent means that the transport model generally responds more rapidly to an increase in precipitation rates, on the order of 105 years for post-perturbation sediment fluxes to return to within 50 % of their initial values, for theoretical landscapes with a scale of 100×100 km. Additionally from the same starting conditions, the amplitude of the sediment flux perturbation in the transport model is greater, with much larger sensitivity to catchment size. An important finding is that both models respond more quickly to a wetting event than a drying event, and we argue that this asymmetry in response time has significant implications for depositional stratigraphies. Finally, we evaluate the extent to which these constraints on response times and sediment fluxes from simple models help us understand the geological record of landscape response to rapid environmental changes in the past, such as the Paleocene–Eocene thermal maximum (PETM). In the Spanish Pyrenees, for instance, a relatively rapid (10 to 50 kyr) duration of the deposition of gravel is observed for a climatic shift that is thought to be towards increased precipitation rates. We suggest that the rapid response observed is more easily explained through a diffusive transport model because (1) the model has a faster response time, which is consistent with the documented stratigraphic data, (2) there is a high-amplitude spike in sediment flux, and (3) the assumption of instantaneous transport is difficult to justify for the transport of large grain sizes as an alluvial bedload. Consequently, while these end-member models do not reproduce all the complexity of processes seen in real landscapes, we argue that variations in long-term erosional dynamics within source catchments can fundamentally control when, how, and where sedimentary archives can record past environmental change.
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Ķinis, Uldis. "Tehnoloģiskā neitralitāte – tiesiskas valsts principa neatņemama sastāvdaļa informācijas sabiedrības laikmetā." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 16 (2020): 9–17. http://dx.doi.org/10.25143/socr.16.2020.1.009-017.
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Tiesību principus kā pastāvīgus tiesību avotus ir pētījuši daudzi Latvijas tiesībzinātnieki, piemēram, profesore Daiga Rezevska, Valsts prezidents Egils Levits, profesore Ineta Ziemele u. c. Jau kopš 1994. gada Satversmes tiesa konsekventi savā doktrīnā vispārīgos tiesību principus ir atzinusi par noteikumu, kas ierobežo likumdevēja rīcības brīvību. Praksē, ja runā par vispārīgo tiesību principiem, visbiežāk piemin tiesiskumu, taisnīgumu, vienlīdzību un samērīgumu. Taču, attīstoties tiesību doktrīnai, ir atzīts, ka Satversmes pirmajā pantā noteiktais, ka Latvija ir demokrātiska tiesiska valsts, ir uzskatāms par pamatnormu, no kuras tiek atvasināti vispārīgie tiesību principi. 21. gadsimtā, ko daudzi pamatoti dēvē par digitālo gadsimtu, ir radušies jautājumi par vispārīgo tiesību principu saturu šajā informācijas sabiedrības laikmetā. Informācijas sabiedrību nosacīti raksturo trīs faktori: tehnoloģijas, globalizācija un informācija. Neviens no tiem pēc savas pirmatnējās būtības nav juridisks. Taču šie faktori pirmo reizi ir radījuši situāciju, ka jaunie tehnoloģiskie risinājumi tiecas iziet ārpus juridiskās kontroles robežām, apdraudot sabiedrības tiesiskumu un taisnīgumu. Tāpēc demokrātiskai sabiedrībai ir īpaši svarīgi, lai tiesību politikas veidotāji, apzinoties šos riskus, attīstītu tehnoloģiski neitrālu valsts tiesību politiku. Šādas politikas īstenošanu valsts var īstenot tikai tad, ja tehnoloģiskās neitralitātes princips tiek atzīts par vispārīgo tiesību principu, kas izriet no Satversmes 1. panta. General principles of law have been studied by many Latvian scholars including, professor Daiga Rezevska, Egils Levits, professor Ineta Ziemele, and many others. Since 1994, Constitutional Court of the Republic of Latvia has consistently recognized the general principles of law in its doctrine as a provision that restricts the freedom of action of the legislator. In practice, when talking about the general principles of law, most often the rule of law, justice, equality, proportionality have been mentioned. However, as the doctrine of law develops, four overriding principles are also defined in Latvian constitutional law: (1) democratic state system; (2) rule of law; (3) socially responsible state; (4) nation state, which is not reflected in the text of the Satversme, but as an idea falls within the core of the Satversme. The 21st century, which many call the digital age, has raised questions about the content of general legal principles in this role in the information society. This era is relatively characterized by three factors: technology, globalization and information. None of these is legal in nature. However, these factors have, for the first time, created a situation where new technological solutions threaten to go beyond legal control, jeopardizing the rule of law and justice in society. Therefore, in a democratic society, it is essentially important that legal policy makers are aware of these risks and develop state legal policy in technology-neutral path. In order to reach such a goal, the principle of technological neutrality shall be recognized as a general principle of law, which derives from Article 1 of the Satversme.
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Ahmad, Amran, and Dariana Nurdin. "PENENTUAN JENIS TUMBUHAN PENCIRI PADA EMPAT KOMUNITAS TUMBUHAN DI KAWASAN KARST MAROS-PANGKEP SULAWESI SELATAN." PERENNIAL 3, no. 1 (January 1, 2007): 25. http://dx.doi.org/10.24259/perennial.v3i1.167.
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The study aims to determine the distinguishing plant species within a plant community forest in the karst area of Maros-Pangkep. Plots of 20 meters by 20 meters were purposively established on 40 different locations representing proportionally facies of massif, porous, leyered and metamorphosed carbonate rocks. Tree dimensions in terms of height and diameter of trees in every plot were measured. The data were examinated through table method and principal component analysis (PCA). The study indicated that the distiguishing plant species determined by table method, only could diffrenciate between the group of communities over massif, porous rock facies and the group of communities over layered, metamorphosed rock facies. Whereas, determining plant species characteristic by PCA method gave sharper interpretation about the distiguishing plant species of plant communities among massif, porous, layered and matamorphosed rock facies. Keywords: Karst area, South Sulawesi
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Bagi, Zoltán, and Szilvia Kusza. "Genetic discontinuity analysis of Collared Dove (Streptopelia decaocto)." Acta Agraria Debreceniensis, no. 73 (May 29, 2017): 5–11. http://dx.doi.org/10.34101/actaagrar/73/1618.
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The Collared Dove conquered continent areas within a few decades. Causes and dispersion pattern of expansion has been investigated in several studies. However, the relationship between the geographic distribution and genetic structure of populations has not been researched. We used 152 individuals from 19 countries in this study. We analyze a 650 bp long mitochondrial COI sequences of each individuals. We were performed Spatial Autocorrelation Analysis, Principal Component Analysis and analysis of the genetic discontinuity in this study. Under 2500 km distance was a positive correlation between the genetic differentiation and different geographical areas. Hidden genetic barriers were found only Carpatian Basin. Could not be detected signs of genetic isolation in other regions. This will probably due to the unevenness of the sample collection, because these areas proportionally much fewer sequences were available. Therefore, is worth repeat this analysis after further sample collection, in the future.
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Brady, David W., and Bernard Grofman. "Sectional Differences in Partisan Bias and Electoral Responsiveness in US House Elections, 1850–1980." British Journal of Political Science 21, no. 2 (April 1991): 247–56. http://dx.doi.org/10.1017/s000712340000613x.
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In this Note we challenge the claim asserted in a 1984 Wall Street Journal editorial that partisan gerrymandering by Democratic-controlled state legislatures is the principal reason for the inability of Republicans to translate their national share of votes proportionally into seats in the US House of Representatives. In contrast to previous work, we show the critical importance of sectional (South/non-South) differences for understanding the dynamics of electoral change at the congressional level. We argue that the inability of Republicans to translate votes effectively into congressional seats is largely a product of wasted Republican votes in the South, although we recognize that a handful of states (e.g., California) are significantly gerrymandered against Republicans, and we also recognize that part of the reason for the present-day Democratic advantage in the House is an incumbency advantage that benefits the party that controls most seats.
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Biggio, Giacomo. "International humanitarian law and the protection of the civilian population in cyberspace: towards a human dignity-oriented interpretation of the notion of cyber attack under Article 49 of Additional Protocol I." Military Law and the Law of War Review 59, no. 1 (June 2, 2021): 114–40. http://dx.doi.org/10.4337/mllwr.2021.01.06.
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The use of cyber-technologies in times of armed conflict poses serious interpretive challenges, such as what type of cyber operations amount to an ‘attack’ for the purposes of Article 49 of Additional Protocol I. The notion of attack is the cornerstone of the law of targeting, a set of rules that includes the principles of distinction, proportionality and precaution, aimed at limiting the amount of violence that belligerents can lawfully employ on the battlefield. The rationale of these rules is that of increasing the protection of the dignity of the civilian population, which constitutes the main objective of modern international humanitarian law (IHL). In light of these considerations, my article argues that the prevailing interpretation of the notion of attack in the cyber context is too restrictive and cannot adequately protect the civilian population from cyber operations taking place in armed conflict. Consequently, it argues for a human-dignity based interpretation of the notion of ‘violence’ that underlies the notion of attack in the cyber context, going beyond the mere causation of physical violence to include serious psychological violence and serious economic violence as necessary prerequisites to qualify a cyber operation as an ‘attack’. L’utilisation des cybertechnologies en période de conflit armé soulève d’importantes questions d’interprétation, notamment sur le type de cyberopération qui peut être considérée comme une ‘attaque’ au sens de l’article 49 du protocole additionnel I. La notion d’attaque est la pierre angulaire du droit du ciblage, un ensemble de règles comprenant les principes de distinction, de proportionnalité et de précaution, visant à limiter le degré de violence que des belligérants peuvent légalement utiliser sur le champ de bataille. La raison d’être de ces règles est de renforcer la protection de la dignité de la population civile, qui constitue l’objectif principal du DIH moderne. À la lumière de ces considérations, l’article avance que l’interprétation dominante de la notion d’attaque dans le contexte cybernétique est trop restrictive et ne peut pas protéger efficacement la population civile des cyberopérations lors de conflits armés. Par conséquent, l’article plaide pour une interprétation de la notion de ‘violence’, sous-jacente à la notion d’attaque dans le contexte cybernétique, basée sur la dignité humaine, allant au-delà de la seule violence physique pour inclure la violence psychologique grave et la violence économique grave dans les conditions pour qu’une cyberopération puisse être qualifiée d’ ‘attaque’. Het gebruik van cybertechnologieën in tijden van gewapend conflict stelt ons voor serieuze interpretatieve uitdagingen, zoals de vraag welk type cyberoperaties neerkomen op een 'aanval' in de zin van Art. 49 van het Aanvullend Protocol I. Het begrip aanval is de hoeksteen van het recht van doelbestrijding, een geheel van regels dat de beginselen van onderscheid, evenredigheid en voorzorg omvat, en dat tot doel heeft de hoeveelheid geweld te beperken die oorlogvoerende partijen rechtmatig op het slagveld kunnen aanwenden. De grondgedachte achter deze regels is de bescherming van de waardigheid van de burgerbevolking te vergroten, hetgeen de voornaamste doelstelling van het moderne IHR is. In het licht van deze overwegingen betoogt mijn artikel dat de gangbare interpretatie van het begrip aanval in de cybercontext te restrictief is en de burgerbevolking niet adequaat kan beschermen tegen cyberoperaties die plaatsvinden in een gewapend conflict. Bijgevolg wordt gepleit voor een op menselijke waardigheid gebaseerde interpretatie van het begrip ‘geweld’ dat ten grondslag ligt aan het begrip aanval in de cybercontext, waarbij verder wordt gegaan dan het louter veroorzaken van fysiek geweld en ook ernstig psychologisch geweld en ernstig economisch geweld worden beschouwd als noodzakelijke voorwaarden om een cyberoperatie als een ‘aanval’ te kunnen aanduiden. El uso de tecnologías cibernéticas en tiempos de conflicto armado plantea serios desafíos interpretativos, tales como qué tipo de operaciones cibernéticas equivalen a un ‘ataque’ a los efectos del art. 49 del Protocolo Adicional I. El concepto de ataque es la piedra angular de la ley de selección de objetivos, un conjunto de reglas que incluye los principios de distinción, proporcionalidad y precaución, destinados a limitar la medida de violencia que los beligerantes pueden emplear legalmente en el campo de batalla. La razón fundamental de estas normas es aumentar la protección de la dignidad de la población civil, que constituye el principal objetivo del DIH moderno. A la luz de estas consideraciones, este artículo sostiene que la interpretación predominante del concepto de ataque en el contexto cibernético es demasiado restrictiva y no puede proteger adecuadamente a la población civil frente a las operaciones cibernéticas que tienen lugar en un conflicto armado. En consecuencia, aboga por una interpretación centrada en la dignidad humana del concepto de ‘violencia’ que subyace a la noción de ataque en el contexto cibernético, yendo más allá de la mera causalidad de la violencia física para incluir la violencia psicológica grave y la violencia económica grave como requisitos previos necesarios para calificar una operación cibernética como un ‘ataque’. L'uso di tecnologie informatiche in tempi di conflitto armato pone gravi sfide interpretative, come ad esempio quale tipo di operazioni informatiche equivalgono ad un attacco ai fini dell'Art. 49 del Protocollo Addizionale I. La nozione di attacco è la base della legge di targeting, un insieme di regole che include i principi di distinzione, proporzionalità e precauzione, volte a limitare la quantità di violenza che i belligeranti possono legittimamente impiegare sul campo di battaglia. La logica di queste regole è quella di aumentare la protezione della dignità della popolazione civile, che costituisce l'obiettivo principale del moderno IHL. Alla luce di queste considerazioni, l'articolo sostiene che l'interpretazione prevalente della nozione di attacco nel contesto informatico sia troppo restrittiva e non possa proteggere adeguatamente la popolazione civile dalle operazioni informatiche che si svolgono in conflitti armati. Di conseguenza, sostiene un'interpretazione basata sulla dignità umana della nozione di violenza che sta alla base della nozione di attacco nel contesto informatico, andando oltre l’essere la mera causa di violenza fisica per includere la violenza psicologica grave e la violenza economica grave come prerequisiti necessari per qualificare un'operazione cibernetica come un ‘attacco’. Die Verwendung von Cybertechnologien in Zeiten eines bewaffneten Konflikts stellt uns vor schwere interpretative Herausforderungen, wie die Frage, welche Art von Cyberoperationen einen ‘Angriff’ im Sinne von Art. 49 des Zusatzprotokolls I darstellen. Der Begriff ‘Angriff’ ist der Eckstein der Zielgesetze, einer Sammlung von Regeln, die die Grundsätze der Unterscheidung, Verhältnismäßigkeit und Vorsorge umfassen, welche zum Ziel haben, das Maß von Gewalt, das Krieg führende Staaten rechtmäßig auf dem Schlachtfeld verwenden können, zu beschränken. Der Grundgedanke dieser Regeln besteht darin, den Schutz der Würde der Zivilbevölkerung, der das Hauptziel des modernen internationalen humanitären Rechts ausmacht, zu erhöhen. Angesichts dieser Betrachtungen, argumentiert mein Artikel, dass die gängige Interpretation des Begriffs ‘Angriff’ im Cyber-Kontext zu restriktiv ist und die Zivilbevölkerung nicht adäquat vor der Durchführung von Cyberangriffen in bewaffneten Konflikten schützen kann. Folglich befürwortet der Artikel eine auf Menschenwürde basierte Interpretation des dem Begriff ‘Angriff’ im Cyber-Kontext zugrunde liegenden Begriffs ‘Gewalt’, die über die reine Verursachung physischer Gewalt hinausgeht und auch schwere psychische und wirtschaftliche Gewalt als notwendige Bedingungen umfasst, um eine Cyberoperation als einen ‘Angriff’ zu bezeichnen.
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Ana Clélia Roussenq Baracho, Eun Sol Cho, Nayara Ramos de Almeida Torres, Thiago Gomes da Silva, and Antonio Adilson Soares de Lima. "Morphology Analysis of Human Fourth Molars Using Computed Microtomography - Pilot Study." Brazilian Journal of Forensic Sciences, Medical Law and Bioethics 9, no. 4 (September 28, 2020): 570–81. http://dx.doi.org/10.17063/bjfs9(4)y2020570-581.
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Analyze the morphological characteristics of fourth molars from non-syndromic patients using computed microtomography (microCT). Five human fourth molars (case group) and other three third molars (control group) were obtain from Biobank of UFPR Dentistry School. The teeth were submitted to macroscopic and microCT analysis. Sample characteristics: 60% of the teeth from the lower arch, mainly from the right lower arch (40%). The results showed that eighty percent of the teeth were impacted and all of them presented normal morphology. The microCT revealed that one of the fourth molars had hypercementosis. Concerning the root canal anatomy, all of the fourth molars studied had just one principal root canal. Four teeth had one collateral canal that ended at the lateral face of the root. The volume average of root canal, dentine and enamel were respectively 9.27 mm3, 122.64 mm3 and 74.71 mm3. The averages between these variables in third molars were 46.98 mm3, 473.25 mm3 and 198.34 mm3, respectively. Proportionally, the volume of the fourth molars was five times less than the third molars, but the dentine and enamel volume were, respectively, 3.8 and 2.7 times less than third molars. The fourth molar teeth usually showed only one principal root canal and it can be associated with other alterations, such as hypercementosis. Although the fourth molars were smaller, the proportion of enamel volume is bigger than third molar in comparison.
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Zhang, Zhong Guo, Bin Gao, and Zhao Hui Liu. "The Equivalence Method of Protective Structures." Advanced Materials Research 197-198 (February 2011): 1704–7. http://dx.doi.org/10.4028/www.scientific.net/amr.197-198.1704.
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In this paper, according to the structure of warships, the equivalence method of the protective structure with reinforcing ribs is presented abided by the principal of equivalence in rigidity. The minimized model and the equivalence model of the protective structure with reinforcing ribs penetrated by projectiles are investigated in experiment and numerical simulations, and the results show that the equivalence method of the protective structure is reasonable. The reinforcing ribs are extensively used in protective structures, especially in ship structures. The reinforcing ribs are characterized in extensive distribution range and little weight of unit length, and have the main effect that the rigidity requirement of the structure is satisfied so that the structure has enough rigidity stability. However, the big and the small reinforcing ribs in actual structures originally have small size of the cross sectional area (CSA). According to a usual model research method, after an original structure is proportionally reduced according to the minimized proportion of one to four [1], the size of the CSA of the big and the small reinforcing ribs becomes smaller, and the shape of the cross sectional area is shown in Figure1. Under such circumstances, an experimental research on the dynamic response of the reinforcing ribs under the impact load has the characteristics of great difficulty and bad feasibility, and in addition, the reliability of reflecting target characteristic by a proportionally reduced model is very low[2]. In order to study the action of the reinforcing ribs more objectively, the T-shaped cross section of the reinforcing ribs is converted to a rectangular cross section according to the principle of rigidity equivalence, and then, the action can be researched actually. The study method is given as follows.
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Wang, Laurene H., Richard W. Peck, Yin Yin, Jane Allanson, Rebecca Wiggs, and Mary Beth Wire. "Phase I Safety and Pharmacokinetic Trials of 1263W94, a Novel Oral Anti-Human Cytomegalovirus Agent, in Healthy and Human Immunodeficiency Virus-Infected Subjects." Antimicrobial Agents and Chemotherapy 47, no. 4 (April 2003): 1334–42. http://dx.doi.org/10.1128/aac.47.4.1334-1342.2003.
Full textAbstract:
ABSTRACT 1263W94 [maribavir; 5,6-dichloro-2-(isopropylamino)-1, β-l-ribofuranosyl-1-H-benzimidazole], a novel benzimidazole compound, has been demonstrated to potently and selectively inhibit human cytomegalovirus replication in vitro and to have favorable safety profiles in animal species. Two phase I trials evaluated the safety and pharmacokinetics of escalating single doses of 1263W94 in 13 healthy subjects (dose, 50 to 1,600 mg) and 17 human immunodeficiency virus (HIV)-infected subjects (dose, 100 to 1,600 mg). No severe safety concerns were observed in the evaluation of adverse events, vital signs, electrocardiograms, and clinical laboratory tests following administration of a single dose of 1263W94. The most frequently reported adverse events in both populations were taste disturbance (80%) and headache (53%). 1263W94 was rapidly absorbed following oral administration, with peak concentrations in plasma (C max) occurring 1 to 3 h after dosing. The increases in the C max of 1263W94 and the area under the concentration-time curve from time zero to infinity (AUC0-∞) for 1263W94 were dose dependent; C max increased slightly less than proportionally to the dose, and AUC0-∞ increased slightly more than proportionally to the dose. 1263W94 was rapidly eliminated, with a mean half-life in plasma of 3 to 5 h; the half-life was independent of the dose level. Less than 2% of the 1263W94 dose administered was eliminated unchanged in urine. The principal metabolite of 1263W94 was 4469W94 (which is derived by N-dealkylation of 1263W94 via CYP3A4), which accounted for 30 to 40% of the dose in urine. Greater than 98% of the 1263W94 in plasma is bound to proteins, and the extent of binding appears to be constant over the dose range of 200 to 1,600 mg. In the trial with HIV-infected subjects, consumption of a high-fat meal decreased the 1263W94 AUC0-∞ and C max in plasma by ∼30%.
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Gratz, E. T., and E. M. Schulson. "Preliminary observations of brittle compressive failure of columnar saline ice under triaxial loading." Annals of Glaciology 19 (1994): 33–38. http://dx.doi.org/10.1017/s0260305500010958.
Full textAbstract:
Experiments were performed on columnar saline ice prepared in the laboratory. Specifically, using a true multiaxial loading system, relatively large cubes (159 mm on edge) were proportionally loaded along three orthogonal directions; viz. perpendicular to (σ13and σ22) and parallel to (σ33), the long axis of the columnar grains. The ice was strained at 10−2s at −10°C where it behaved in a brittle mariner. Four sets of experiments were performed by setting the ratio σ22/σ11to 0, 0.25, 0.5 or 1, and varying the ratio σ22/σ11and σ22/σ11. Sections through the failure surface were then constructed. For loading along σ22= 0, the confining stress did not significantly affect the maximum principal stress at failure. For loading along σ22=0.25σ11, σ22 = 0.5 σ11and σ22 = 0.5 σ11, the application of a moderate confining stress resulted in a large increase in failure stress. However, further increase in the level of the confining stress did not have a significant effect on the failure stress. The observations are presented in terms of a failure surface and are discussed in terms of the possible failure mechanisms.
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Robichaud-LeBlanc, Kimberly A., Simon C. Courtenay, and J. Mark Hanson. "Ontogenetic diet shifts in age-0 striped bass, Morone saxatilis, from the Miramichi River estuary, Gulf of St. Lawrence." Canadian Journal of Zoology 75, no. 8 (August 1, 1997): 1300–1309. http://dx.doi.org/10.1139/z97-154.
Full textAbstract:
Stomach contents of 2928 age-0 striped bass, Morone saxatilis (2.9–153.3 mm total length (TL)), collected from June to November 1992 in the Miramichi River estuary were examined. Seventy-seven percent of the fish stomachs examined contained food organisms and 34 prey taxa were identified. Larval striped bass (< 25 mm TL) fed primarily on immature and adult copepods. The onset of exogenous feeding correlated both spatially and temporally with a peak in the abundance of prey. Chesson's α index indicated progressive selection of larger prey with increasing size of larval striped bass, from small rotifers to larger calanoid copepods to the relatively large calanoid Eurytemora sp. Mysids (Neomysis americand) and sand shrimp (Crangon septemspinosa) were the principal prey of striped bass > 50 mm TL. Contributions by other prey groups (molluscs, polychaetes, amphipods, insects, and larval fish) were minor. Large underyearlings, 64–84 mm TL, in near-fresh water ate proportionally more mysids than fish downriver in more saline waters. Feeding ceased when water temperatures declined below about 3 °C in November.
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Zuhriyah, Siti. "Faktor-Faktor Yang Mempengaruhi Kinerja Guru Smk Negeri Kelompok Pariwisata Di Daerah Istimewa Yogyakarta." LITERASI (Jurnal Ilmu Pendidikan) 6, no. 2 (August 5, 2016): 203. http://dx.doi.org/10.21927/literasi.2015.6(2).203-215.
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Abstract This research is aimed to prove whe of positive and significant influence from the teachers competence, job motivation teachers, job environment teachers, and principals leadership on the teachers performance of state vocational high school in Yogyakarta Special Region both partially and simultaneously. The population of this research were 169 teachers of state vocational high school productive program of turism group in Yogyakarta Special Region. The sample of this research were 118 teachers who represent each school proportionally. The sampling technique used was proportional random sampling. The instrument used in this research was questionnaire, which was used to measure teachers performance variable, teachers competence, job motivation teachers, job environment teachers, and principals leadership. The result of hypothesis test shows that: (1) the influence of the teacher’s competence on the teacher’s performance is positive and significant, (2) the influence of the job motivation on the teacher’s performance is positive and significant, (3) the influence the job environment on the teacher’s performance is positive and significant, (4) the influence of the principal’s leadership on the teacher’s performance is positive and significant, and (5) the teacher’s competence, job motivation, job environment, and principal’s leadership in aggregate have positive and significant influence on the teacher’s performance of vocational high school productive program of turism group in Yogyakarta Special Region. Keyword: competence, motivation, job environment, principal’s leadership, teacher’s performance
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Gratz, E. T., and E. M. Schulson. "Preliminary observations of brittle compressive failure of columnar saline ice under triaxial loading." Annals of Glaciology 19 (1994): 33–38. http://dx.doi.org/10.3189/1994aog19-1-33-38.
Full textAbstract:
Experiments were performed on columnar saline ice prepared in the laboratory. Specifically, using a true multiaxial loading system, relatively large cubes (159 mm on edge) were proportionally loaded along three orthogonal directions; viz. perpendicular to (σ13 and σ22) and parallel to (σ33), the long axis of the columnar grains. The ice was strained at 10−2 s at −10°C where it behaved in a brittle mariner. Four sets of experiments were performed by setting the ratio σ22/σ11 to 0, 0.25, 0.5 or 1, and varying the ratio σ22/σ11 and σ22/σ11. Sections through the failure surface were then constructed. For loading along σ22 = 0, the confining stress did not significantly affect the maximum principal stress at failure. For loading along σ22 =0.25σ11, σ22 = 0.5 σ11 and σ22 = 0.5 σ11, the application of a moderate confining stress resulted in a large increase in failure stress. However, further increase in the level of the confining stress did not have a significant effect on the failure stress. The observations are presented in terms of a failure surface and are discussed in terms of the possible failure mechanisms.
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Guénette, Sylvie, Eric Rassart, and Réjean Fortin. "Morphological Differentiation of Lake Sturgeon (Acipenser fulvescens) from the St. Lawrence River and Lac des Deux Montagnes (Quebec, Canada)." Canadian Journal of Fisheries and Aquatic Sciences 49, no. 9 (September 1, 1992): 1959–65. http://dx.doi.org/10.1139/f92-217.
Full textAbstract:
We investigated the degree of morphological differentiation of lake sturgeon (Acipenser fulvescens) from the St. Lawrence River (Lacs Saint-Pierre and Saint-Louis and the river itself downstream from Lac Saint-Pierre) and from Lac des Deux Montagnes. Forty-one morphometric characters (traditional and truss network) and two meristic traits were used on 200 sturgeon (890–1010 mm total length) from five sites. The study of the meristic characters showed a difference of 1.5 gill rakers between Lac Saint-Louis sturgeon and those from Lac Saint-Pierre and Lac des Deux Montagnes although the range was identical in all groups. Principal components and discriminant analyses performed on morphometric characters showed that Lac des Deux Montagnes sturgeon differ markedly from the St. Lawrence River fish by their proportionally higher and longer head (correct reclassification 89%). The more discriminant descriptors show a difference ranging from 4 to 16 mm between Lac des Deux Montagnes fish and those from the St. Lawrence River. The multivariate analyses also revealed significant morphometric differences between fish in different sectors of the St. Lawrence River. However, the absolute differences are rather tenuous and are not adequate to designate separate stocks based solely on morphology.
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Wu, Zhaochen, Guozhen Wang, Borui Zhang, Tan Dai, Anyu Gu, Xiaolin Li, Xingkai Cheng, Pengfei Liu, Jianjun Hao, and Xili Liu. "Metabolic Mechanism of Plant Defense against Rice Blast Induced by Probenazole." Metabolites 11, no. 4 (April 16, 2021): 246. http://dx.doi.org/10.3390/metabo11040246.
Full textAbstract:
The probenazole fungicide is used for controlling rice blast (Magnaporthe grisea) primarily by inducing disease resistance of the plant. To investigate the mechanism of induced plant defense, rice seedlings were treated with probenazole at 15 days post emergence, and non-treated plants were used for the control. The plants were infected with M. grisea 5 days after chemical treatment and incubated in a greenhouse. After 7 days, rice seedlings were sampled. The metabolome of rice seedlings was chemically extracted and analyzed using gas chromatography and mass spectrum (GC-MS). The GC-MS data were processed using analysis of variance (ANOVA), principal component analysis (PCA) and metabolic pathway elucidation. Results showed that probenazole application significantly affected the metabolic profile of rice seedlings, and the effect was proportionally leveraged with the increase of probenazole concentration. Probenazole resulted in a change of 54 metabolites. Salicylic acid, γ-aminobutyrate, shikimate and several other primary metabolites related to plant resistance were significantly up-regulated and some metabolites such as phenylalanine, valine and proline were down-regulated in probenazole-treated seedlings. These results revealed a metabolic pathway of rice seedlings induced by probenazole treatment regarding the resistance to M. grisea infection.
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Hengl, Tomislav, David G. Rossiter, and Alfred Stein. "Soil sampling strategies for spatial prediction by correlation with auxiliary maps." Soil Research 41, no. 8 (2003): 1403. http://dx.doi.org/10.1071/sr03005.
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The paper evaluates spreading of observations in feature and geographical spaces as a key to sampling optimisation for spatial prediction by correlation with auxiliary maps. Although auxiliary data are commonly used for mapping soil variables, problems associated with the design of sampling strategies are rarely examined. When generalised least-squares estimation is used, the overall prediction error depends upon spreading of points in both feature and geographical space. Allocation of points uniformly over the feature space range proportionally to the distribution of predictor (equal range stratification, or ER design) is suggested as a prudent sampling strategy when the regression model between the soil and auxiliary variables is unknown. An existing 100-observation sample from a 50 by 50 km soil survey in central Croatia was used to illustrate these concepts. It was re-sampled to 25-point datasets using different experimental designs: ER and 2 response surface designs. The designs were compared for their performance in predicting soil organic matter from elevation (univariate example) using the overall prediction error as an evaluation criterion. The ER design gave overall prediction error similar to the minmax design, suggesting that it is a good compromise between accurate model estimation and minimisation of spatial autocorrelation of residuals. In addition, the ER design was extended to the multivariate case. Four predictors (elevation, temperature, wetness index, and NDVI) were transformed to standardised principal components. The sampling points were then assigned to the components in proportion to the variance explained by a principal component analysis and following the ER design. Since stratification of the feature space results in a large number of possible points in each cluster, the spreading in geographical space can also be maximised by selecting the best of several realisations.
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Ehlenfeldt, Mark K., Filmore I. Meredith, and James R. Ballington. "Unique Organic Acid Profile of Rabbiteye vs. Highbush Blueberries." HortScience 29, no. 4 (April 1994): 321–23. http://dx.doi.org/10.21273/hortsci.29.4.321.
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The fruit of six highbush (Vaccinium corymbosum L.) cultivars and eight rabbiteye (V. ashei Reade) cultivars and selections were evaluated by high-performance liquid chromatography for levels of the commonly found organic acids, citric, malic, succinic, and quinic. The two cultivar groups possessed distinctive patterns of relative organic acid proportions that could unambiguously separate pure rabbiteye and highbush clones in a principal component analysis. Highbush clones were characterized by high citric acid content, with percentages averaging 75% (range 38% to 90%). Succinic acid was the second most plentiful acid, averaging 17%. In contrast, rabbiteye cultivars and selections contained 10% citric acid, and no clone had >22%. Succinic acid and malic acid were found in greater quantities than in highbush, averaging 50% and 34%, respectively. Analysis of the fruit of seven albino-fruited highbush selections exhibited a profile similar to standard highbush cultivars, but with a citric acid average of <50%, and proportionally greater amounts of succinic and quinic acids. Given the differences in sensory quality of these four acids, it is likely that acid partitioning patterns can largely account for some of the perceived flavor differences between rabbiteye and highbush blueberries. Because several current breeding efforts involve hybridization between highbush and rabbiteye blueberries, a consideration of acid composition of breeding parents maybe worthwhile.
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Nørrelund, Helene, K. Sreekumaran Nair, Steen Nielsen, Jan Frystyk, Per Ivarsen, Jens Otto Lunde Jørgensen, Jens Sandahl Christiansen, and Niels Møller. "The Decisive Role of Free Fatty Acids for Protein Conservation during Fasting in Humans with and without Growth Hormone." Journal of Clinical Endocrinology & Metabolism 88, no. 9 (September 1, 2003): 4371–78. http://dx.doi.org/10.1210/jc.2003-030267.
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During fasting, a lack of GH increases protein loss by close to 50%, but the underlying mechanisms remain uncertain. The present study tests the hypothesis that the anabolic actions of GH depend on mobilization of lipids. Seven normal subjects were examined on four occasions during a 37-h fast with infusion of somatostatin, insulin, and glucagon for the final 15 h: 1) with GH replacement, 2) with GH replacement and antilipolysis with acipimox, 3) without GH and with antilipolysis, and 4) with GH replacement, antilipolysis, and infusion of intralipid. Urinary urea excretion, serum urea concentrations, and muscle protein breakdown (assessed by labeled phenylalanine) increased by almost 50% during fasting with suppression of lipolysis. Addition of GH during fasting with antilipolysis did not influence indexes of protein degradation, whereas restoration of high FFA levels regenerated proportionally low concentrations of urea and decreased whole body protein degradation (phenylalanine to tyrosine conversion) by 10–15%, but failed to affect muscle protein metabolism. Thus, the present data provide strong evidence that FFA are important protein-sparing agents during fasting. The finding that inhibition of lipolysis eliminates the ability of GH to restrict fasting protein loss indicates that stimulation of lipolysis is the principal protein-conserving mechanism of GH.