884 resultados para Law of Historical Memory


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The problem of model selection of a univariate long memory time series is investigated once a semi parametric estimator for the long memory parameter has been used. Standard information criteria are not consistent in this case. A Modified Information Criterion (MIC) that overcomes these difficulties is introduced and proofs that show its asymptotic validity are provided. The results are general and cover a wide range of short memory processes. Simulation evidence compares the new and existing methodologies and empirical applications in monthly inflation and daily realized volatility are presented.

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The paper examines the role of shared spaces in divided cities in promoting future sustainable communities and spaces described as inclusive to all. It addresses the current challenges that prevent such inclusiveness and suggests future trends of its development to be of benefit to the wider city community. It explains how spaces in divided cities are carved up into perceived ownerships and territorialized areas, which increases tension on the shared space between territories; the control of which can often lead to inter-community disputes. The paper reports that common shared space in-between conflicting communities takes on increased importance since the nature of the conflict places emphasis on communities’ confidence, politically and socially, while also highlighting the necessity for confidence in inclusion and feeling secure in the public domain. In order to achieve sustainable environments, strategies to promote shared spaces require further focus on the significance of everyday dynamics as essential aspects for future integration and conflict resolution.

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The European Court of Human Rights has begun to refer to the EU Charter of Fundamental Rights in order to support its reasoning for interpreting the European Convention on Human Rights in a particular way. But the EU Charter does not yet have any special status in that regard, being treated by the Court as on a par with numerous other documents of international law. The Court’s use of the Charter began in connection with arts 8 and 12 of the Convention (the right to a family life and the right to marry) but in subsequent years it has been extended to many other Articles of the Convention. It is in relation to art.6 (the right to a fair trial) that the Charter’s influence has been most noticeable so far, the Court having changed its position on two important aspects of Article 6 partly because of the wording of the EU Charter. But the influence on art.3 (in relation to the rights of asylum seekers), art.7 (in relation to retroactive penal laws), art.9 (in relation to the right to conscientious objection) and art.11 (in relation to rights of trades unions) has also been significant. The potential for the Charter to have greater influence on the Court’s jurisprudence in years to come remains considerable.

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Shape memory alloys (SMAs) have the ability to undergo large deformations with minimum residual strain and also the extraordinary ability to undergo reversible hysteretic shape change known as the shape memory effect. The shape memory effect of these alloys can be utilised to develop a convenient way of actively confine concrete sections to improve their shear strength, flexural ductility and ultimate strain. Most of the previous work on active confinement of concrete using SMA has been carried out on circular sections. In this study retrofitting strategies for active confinement of non-circular sections have been proposed. The proposed schemes presented in this paper are conceived with an aim to seismically retrofit beam-column joints in non-seismically designed reinforced concrete buildings. SMAs are complex materials and their material behaviour depends on number of parameters. Depending upon the alloying elements, SMAs exhibit different behaviour in different conditions and are highly sensitive to variation in temperature, phase in which it is used, loading pattern, strain rate and pre-strain conditions. Therefore, a detailed discussion on the behaviour of SMAs under different thermo-mechanical conditions is presented first.

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This paper reviews decisions from the Northern Ireland and England and Wales High Courts and Courts of Appeal as well as the UK Supreme Court relating to tort and principally to the tort of negligence in the past 12 months or so.

In structure, the paper will be presented in four parts. First, three preliminary points relating to contemporary features of the NI civil courts: personal litigants – Devine v McAteer [2012] NICA 30 (7 September 2012); pre-action protocols – Monaghan v Graham [2013] NIQB 53 (3 May 2013); and the rise of alternative dispute resolution. On the last named issue, the recent decision of PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013) on unreasonable refusal to mediate, will be discussed.

Second, the paper moves to consider the law of negligence generally and case law from the NI High Court reiterating Lord Hoffmann’s view in Tomlinson v Congleton Borough Council [2004] 1 AC 46 that no duty of care arises from obvious risks of injury. In this, reference will be made to the application of the above “Hoffmann principle” in West Sussex County Council v Pierce [2013] EWCA Civ 1230 (16 October 2013), which concerned an accident sustained by a child at school. A similar set of facts was presented recently to the UK Supreme Court in Woodland v Essex County Council [2013] UKSC 66 (23 October 2013). The decision there, on non-delegable duties of care, will have a significant impact for schools in the provision of extracurricular activities.

Third, I will review a NI case of note on the duty of care of solicitors in the context of professional negligence in the context of conflicting advice by counsel.

Fourth, I will examine a series of cases on employer liability and including issues such as the duty of care towards the volunteer worker; tort and safety at work principles generally; and, more specifically, the duty of care of the employer towards an employee who suffers psychiatric illness as a result of stress and/or harassment at work. On the issue of workplace stress, the NI courts have made extensive reference to the Hale LJ principles found in the Court of Appeal decision of Hatton v Sutherland [2002] 1 All ER 1 and applied to those who have suffered trauma in reporting on or policing “the troubles” in Northern Ireland. On the issue of statutory harassment at work, the paper will also mention the UK Supreme Court’s decision in Hayes v Willoughby [2013] UKSC 17 (20 March 2013).

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Libertarian paternalism, as advanced by Cass Sunstein, is seriously flawed, but not primarily for the reasons that most commentators suggest. Libertarian paternalism and its attendant regulatory implications are too libertarian, not too paternalistic, and as a result are in considerable tension with ‘thick’ conceptions of human dignity. We make four arguments. The first is that there is no justification for a presumption in favor of nudging as a default regulatory strategy, as Sunstein asserts. It is ordinarily less effective than mandates; such mandates rarely offend personal autonomy; and the central reliance on cognitive failures in the nudging program is more likely to offend human dignity than the mandates it seeks to replace. Secondly, we argue that nudging as a regulatory strategy fits both overtly and covertly, often insidiously, into a more general libertarian program of political economy. Thirdly, while we are on the whole more concerned to reject the libertarian than the paternalistic elements of this philosophy, Sunstein’s work, both in Why Nudge?, and earlier, fails to appreciate how nudging may be manipulative if not designed with more care than he acknowledges. Lastly, because of these characteristics, nudging might even be subject to legal challenges that would give us the worst of all possible regulatory worlds: a weak regulatory intervention that is liable to be challenged in the courts by well-resourced interest groups. In such a scenario, and contrary to the ‘common sense’ ethos contended for in Why Nudge?, nudges might not even clear the excessively low bar of doing something rather than nothing. Those seeking to pursue progressive politics, under law, should reject nudging in favor of regulation that is more congruent with principles of legality, more transparent, more effective, more democratic, and allows us more fully to act as moral agents. Such a system may have a place for (some) nudging, but not one that departs significantly from how labeling, warnings and the like already function, and nothing that compares with Sunstein’s apparent ambitions for his new movement.

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This paper presents the results from the experimental investigation on heat activated prestressing of Shape Memory Alloy (SMA) wires for active confinement of concrete sections. Active confinement of concrete is found to be much more effective than passive confinement which becomes effective only when the concrete starts to dilate. Active confinement achieved using conventional prestressing techniques often faces many obstacles due to practical limitations. A class of smart materials that has recently drawn attention in civil engineering is the super elastic SMA which has the ability to undergo reversible hysteretic shape change known as the shape memory effect. The shape memory effect of SMAs can be utilized to develop a convenient prestressing technique for active confinement of concrete sections.
In this study a series of experimental tests are conducted to study Heat Activated Prestress (HAP) in SMAs. Three different types of tests are conducted with different loading protocol to determine parameters such as HAP, residual strain after heating and range of strain that can be used for effective active confinement after HAP. Test results show a maximum HAP of about 500 MPa can be achieved after heating and approximately 450MPa is retained at 25oC in specimens pre-strained by 6%. A substantial amount of strain recovery upon unloading and after heating the SMA wires is recorded. About 2.5% elastic strain recovery upon unloading from 6% strain level is observed. In the specimen pre-strained by 6%, a total of 4% strain is recovered when unloaded after heating. A strain range of 3% is found available for effective confinement after HAP. Test results demonstrate that SMAs have unique features that can be intelligently employed in many civil engineering applications including active confinement of concrete sections.

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Historical time and chronological sequence are usually conveyed to pupils via the presentation of semantic information on printed worksheets, events being rote-memorised according to date. We explored the use of virtual environments in which successive historical events were depicted as “places” in time–space, encountered sequentially in a fly-through. Testing was via “Which came first, X or Y?” questions and picture-ordering. University undergraduates experiencing the history of an imaginary planet performed better after a VE than after viewing a “washing line” of sequential images, or captions alone, especially for items in intermediate list positions. However, secondary children 11–14 years remembered no more about successive events in feudal England when they were presented virtually compared with either paper picture or 2-D computer graphic conditions. Primary children 7–9 years learned more about historical sequence after studying a series of paper images, compared with either VE or computer graphic conditions, remembering more in early/intermediate list positions. Reasons for the discrepant results are discussed and future possible uses of VEs in the teaching of chronology assessed. Keywords: timeline, chronographics