Differenzierte Gerechtigkeit: Diskriminierungsschutz und Vertragsrecht

The theme of this book is the perceived tensions between contract law's principle of private autonomy and non-discrimination law. I first analyse the notion of discrimination, and specify that I restrict the investigation to ascribed difference,more specifically to perceived race/ethnicty, sex/gender and disability. Based on an analysis of the aims of non-discrimination law which extends onto markets, I then presented potential structures of non-discrimination clauses addressing market inequalities. Turning to a doctrinal investigation of German contract law and its position towards discrimination on grounds, I first investigated whether international law, EU law or the German constitution form a stable base for contractual non-discrimination law. Having concluded that these bodies of law require some protection against discrimination based on ascribed difference, but that contract law needs to provide its own specification, I then offer a very short comparative chapter on British and Dutch non-discrimination law (I guess I have developed quite a bit in this field since then!). Finally, I analyse in how far German courts have offered protection against discrimination on markets in the past, and which position the doctrine has taken. From page 290, I finally offer a conceptual, paradigmatic and principled proposal of how to integrate a principle of non-discrimination into German contract law. To my own surprise, this was later endorsed by one of the "doyens" of German contract law, Professor Canaris. In any case, you can see from my edited collection of 2011, that I am still fascinated by discrimination on grounds of race/ethnicity, sex/gender and disability.

Ellerman Bombs with Jets: Cause and Effect

Ellerman Bombs (EBs) are thought to arise as a result of photospheric magnetic reconnection. We use data from the Swedish 1-m Solar Telescope(SST), to study EB events on the solar disk and at the limb. Both datasets show that EBs are connected to the foot-points of forming chromospheric jets. The limb observations show that a bright structure in the H$\alpha$ blue wing connects to the EB initially fuelling it,leading to the ejection of material upwards. The material moves along a loop structure where a newly formed jet is subsequently observed in the red wing of H$\alpha$. In the disk dataset, an EB initiates a jet which propagates away from the apparent reconnection site within the EB flame.The EB then splits into two, with associated brightenings in the inter-granular lanes (IGLs). Micro-jets are then observed, extending to500 km with a lifetime of a few minutes. Observed velocities of themicro-jets are approximately 5-10 km s$^{-1}$, while their chromospheric counterparts range from 50-80 km s$^{-1}$. MURaM simulations of quiet Sun reconnection show that micro-jets with similar properties to that of the observations follow the line of reconnection in the photosphere,with associated H$\alpha$ brightening at the location of increased temperature.

Turbulent Fluctuations in G-band and K-line Intensities Observed with the Rapid Oscillations in the Solar Atmosphere (ROSA) Instrument

Using the Rapid Oscillation in the Solar Atmosphere (ROSA) instrument at the Dunn Solar Telescope we have found that the spectra of fluctuations of the G-band (cadence 1.05 s) and Ca II K-line (cadence 4.2 s) intensities show correlated fluctuations above white noise out to frequencies beyond 300 mHz and up to 70 mHz, respectively. The noise-corrected G-band spectrum presents a scaling range (Ultra High Frequency “UHF”) for f = 25-100 mHz, with an exponent consistent with the presence of turbulent motions. The UHF power, is concentrated at the locations of magnetic bright points in the intergranular lanes, it is highly intermittent in time and characterized by a positive kurtosis κ. Combining values of G-band and K-line intensities, the UHF power, and κ, reveals two distinct “states” of the internetwork solar atmosphere. State 1, with κ ≍ 6, which includes almost all the data, is characterized by low intensities and low UHF power. State 2, with κ ≍ 3, including a very small fraction of the data, is characterized by high intensities and high UHF power. Superposed epoch analysis shows that for State 1, the K-line intensity presents 3.5 min chromospheric oscillations with maxima occurring 21 s after G-band intensity maxima implying a 150-210 km effective height difference. For State 2, the G-band and K-line intensity maxima are simultaneous, suggesting that in the highly magnetized environment sites of G-band and K-line emission may be spatially close together. Analysis of observations obtained with Hinode/SOT confirm a scaling range in the G-band spectrum up to 53 mHz also consistent with turbulent motions as well as the identification of two distinct states in terms of the H-line intensity and G-band power as functions of G-band intensity.

Rapid Oscillations in the Solar Atmosphere: Spectra and Physical Effects

High-frequency fluctuations are observed with the Rapid Oscillations in the Solar Atmosphere (ROSA) instrument (Jess et al. 2010, Solar Phys, 261, 363) at the Dunn Solar Telescope. This can produce simultaneous observations in up to six channels, at different heights in the photosphere and chromosphere, at an unprecedentedly high cadence of 0.5 seconds, and at a spatial resolution of 100 km after photometrically correct speckle reconstruction. Here we concentrate on observations at two levels. The first is in the G-band of the CH radical at 4305.5Å, bandpass 9.2Å, with height of formation z <250 km at a cadence of 0.525 sec corresponding to Nyquist frequency 950 mHz. The second is in the Ca II K-line core at 3933.7Å, bandpass 1.0Å, with height of formation z <1300 km, and cadence 4.2 sec giving Nyquist frequency 120 mHz. The data span 53 min, and the maximum field of view is 45 Mm. The data were taken on 28 May 2009 in internetwork and network near disk center. Using both Fourier and Morlet wavelet methods we find evidence in the G-band spectra for intensity fluctuations above noise out to frequencies f >> 100 mHz. The K-line signal is noisier and is seen only for f <50 mHz. With wavelet techniques we find that G-band spectral power with 20 <f <100 mHz is clearly concentrated in the intergranular lanes and especially at the locations of magnetic elements indicated by G-band bright points. This wavelet power is highly intermittent in time. By cross-correlating the data we find that pulses of high-frequency G-band power in the photosphere tend to be followed by increases in K-line emission in the chromosphere with a time lag of about 2 min.

Mechanisms for mhd poynting flux generation in simulations of solar photospheric magnetoconvection

We investigate the generation mechanisms of MHD Poynting flux in the magnetized solar photosphere. Using radiative MHD modeling of the solar photosphere with initial magnetic configurations that differ in their field strength and geometry, we show the presence of two different mechanisms for MHD Poynting flux generation in simulations of solar photospheric magnetoconvection. The weaker mechanism is connected to vertical transport of weak horizontal magnetic fields in the convectively stable layers of the upper photosphere, while the stronger is the production of Poynting flux in strongly magnetized intergranular lanes experiencing horizontal vortex motions. These mechanisms may be responsible for the energy transport from the solar convection zone to the higher layers of the solar atmosphere.

Advances in the surface defect machining (SDM) of hard steels

This paper reports the realisation of precision surface finish (Ra 30 nm) on AISI 4340 steel using a conventional turret lathe by adapting and incorporating a surface defect machining (SDM) method [Wear, 302, 2013 (1124-1135)]. Conventional ways of machining materials are limited by the use of a critical feed rate, experimentally determined as 0.02 mm/rev, beyond which no appreciable improvement in the machined quality of the surface is obtained. However, in this research, the novel application of an SDM method was used to overcome this minimum feed rate limitation ultimately reducing it to 0.005 mm/rev and attaining an average machined surface roughness of 30 nm. From an application point of view, such a smooth finish is well within the values recommended in the ASTM standards for total knee joint prosthesis. Further analysis was done using SEM imaging, white light interferometry and numerical simulations to verify that adapting SDM method provides improved surface integrity by reducing the extent of side flow, microchips and weldments during the hard turning process.

Navigating the Borderlands: Brian McGilloway as Contemporary Cartographer of the Liminal in the Ulster Landscape

Set in the borderlands between Letterkenny and Derry-Londonderry, a landscape scarred by geological fold, river and cartographer’s pen, the Ulster crime novelist Brian McGilloway chronicles the hopes and fears of a contemporary society unable to escape a complicated history, redolent and entwined with the voices of its ‘ghosts of its past.’ Through his choice of chief protagonist, An Garda Síochána officer Benedict Devlin, McGilloway turns detective to critically investigate the both the seemingly straightforward and the unseen dwelling in the rural Ulster landscape. Following in the footsteps of Nordic and Tartan Noir in making commentary on current societ,y McGilloway recognises the importance of the past in trying to reach an understanding of the present. His critique however goes beyond criminal behaviour motivated primarily by politics or religion, allowing a deeper and more meaningful diagnosis of the ‘state of the nation’. Place, name and event become especially important in contextualising the liminality of McGilloway’s real rural border settings. In doing so, McGilloway continues in the rich tradition of Ulster poet such as Heaney, MacNiece, Muldoon and Hewitt in trying to rationalise the man-made amidst the elemental in the land of both the ‘Planter & The Gael.’ History, language, tradition and the sacral are all instruments of investigation in helping McGilloway present a revealing pathology and atlas of our times to his readers. Turning literary investigator, the author contends that there is much to learn from this physiography, not just for the borderlands region, but for the wider countryside and society beyond. Keywords Cultural Atlas, Crime Fiction, Place, Poetry, Rural.

Search filters: mapping the literature using a novel form of content analysis.

Background: Search filters are combinations of words and phrases designed to retrieve an optimal set of records on a particular topic (subject filters) or study design (methodological filters). Information specialists are increasingly turning to reusable filters to focus their searches. However, the extent of the academic literature on search filters is unknown. We provide a broad overview to the academic literature on search filters.
Objectives: To map the academic literature on search filters from 2004 to 2015 using a novel form of content analysis.
Methods: We conducted a comprehensive search for literature between 2004 and 2015 across eight databases using a subjectively derived search strategy. We identified key words from titles, grouped them into categories, and examined their frequency and co-occurrences.
Results: The majority of records were housed in Embase (n = 178) and MEDLINE (n = 154). Over the last decade, both databases appeared to exhibit a bimodal distribution with the number of publications on search filters rising until 2006, before dipping in 2007, and steadily increasing until 2012. Few articles appeared in social science databases over the same time frame (e.g. Social Services Abstracts, n = 3).
Unsurprisingly, the term ‘search’ appeared in most titles, and quite often, was used as a noun adjunct for the word 'filter' and ‘strategy’. Across the papers, the purpose of searches as a means of 'identifying' information and gathering ‘evidence’ from 'databases' emerged quite strongly. Other terms relating to the methodological assessment of search filters, such as precision and validation, also appeared albeit less frequently.
Conclusions: Our findings show surprising commonality across the papers with regard to the literature on search filters. Much of the literature seems to be focused on developing search filters to identify and retrieve information, as opposed to testing or validating such filters. Furthermore, the literature is mostly housed in health-related databases, namely MEDLINE, CINAHL, and Embase, implying that it is medically driven. Relatively few papers focus on the use of search filters in the social sciences.

Thanking the Greeks: The Crisis of the Rule of Law in EU Enlargement Regulation

This paper showcases the weaknesses of EU enlargement law and demonstrates how one Member State – namely, Greece – is notable for abusing this weakness, for harming the candidate countries, the EU, and the institutions alike, for stripping the EU position of its predictability, and for undermining the EU Commission’s efforts. Accordingly, Greece has severely incapacitated the key procedural rule of law component of the EU’s enlargement regulation, turning it into a randomised political game and ignoring any long-term goals of stability, prosperity, and peace that the process is to stand for. Following a walk through Greece’s engagement throughout a number of enlargement rounds, the paper concludes that the duty of loyalty – which is presumably able to discipline Member States that undermine the common effort – should find a new meaning in the context of EU enlargement.

Can publicly available webcameras and mechanical Turks be used to evaluate physical activity policy and built environment change?

Introduction: Fewer than 50% of adults and 40% of youth meet US CDC guidelines for physical activity (PA) with the built environment (BE) a culprit for limited PA. A challenge in evaluating policy and BE change is the forethought to capture a priori PA behaviors and the ability to eliminate bias in post-change environments. The present objective was to analyze existing public data feeds to quantify effectiveness of BE interventions. The Archive of Many Outdoor Scenes (AMOS) has collected 135 million images of outdoor environments from 12,000 webcams since 2006. Many of these environments have experienced BE change. Methods: One example of BE change is the addition of protected bike lanes and a bike share program in Washington, DC.Weselected an AMOS webcam that captured this change. AMOS captures a photograph from eachwebcamevery half hour.AMOScaptured the 120 webcam photographs between 0700 and 1900 during the first work week of June 2009 and the 120 photographs from the same week in 2010. We used the Amazon Mechanical Turk (MTurk) website to crowd-source the image annotation. MTurk workers were paid US$0.01 to mark each pedestrian, cyclist and vehicle in a photograph. Each image was coded 5 unique times (n=1200). The data, counts of transportation mode, was downloaded to SPSS for analysis. Results: The number of cyclists per scene increased four-fold between 2009 and 2010 (F=36.72, p=0.002). There was no significant increase in pedestrians between the two years, however there was a significant increase in number of vehicles per scene (F=16.81, p

1916-2016. The 1916 Easter Rising

Commissioned by An Post to commemorate the centenary of the Easter Rising, this illustrated book draws on eye-witness accounts to assess this key turning-point in modern Irish history. Leading historian Fearghal McGarry explores the impact of events at the General Post Office, as well as setting the rebellion in its wider historical context. His account concludes with an assessment of the Rising's commemoration since 1916 and a commentary on the definitive stamps issued by An Post to mark the formative event in the emergence of an independent Irish nation.

Waiting for International Political Sociology: A Field Guide to Living In-Between

This paper explores the in-between positionality of International Political Sociology (IPS) and offers a field guide to help scholars, students and thinkers embrace this disposition more energetically. It makes the case for a more balanced transdisciplinarity that attends to the international, the political and the social at the same time and in equal measure. The power of this in-between approach is that it forces thinkers in IPS to constantly look at the horrors of our contemporary world without turning away. Through the ambivalent position of the ‘happy wreck’, the paper explores the need to do something about these horrors (e.g. diagnose, act, intervene) while fully acknowledging that such actions always produce new forms of violence and exclusion. To help thinkers in IPS inhabit this challenging space of inquiry more confidently, the paper makes four suggestions: (i) broadening our emotional responses to the horrors of the world; (ii) resisting resolution through non-cathartic dispositions; (iii) pursuing slow research to contest dominant rhetorics of crisis and emergency; and (iv) re-imagining shared conditions of vulnerability.