Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

The waning of the two giants: the electoral decline of the Italian Christian Democratic Party and the Italian Communist Party

Italy is currently experiencing profound political change. One aspect of this change involves the decline in electoral support for the Italian Christian Democratic Party (DC) and the Italian Communist Party (PCI), now the Democratic Party of the Left (PDS). Signs of the electoral decline of both parties began to appear in the late 1970s and early 1980s and accelerated in the late 1980s and early 1990s. The pr imar y purpos e of th is thes is is to expla i n the electoral decline of the DC and PCI/PDS in the last decade. The central question being addressed in this thesis is the following: What factors contributed to the decline in electoral support for the DC and PCI? In addition, the thesis attempts to better comprehend the change in magni tude and direction of the Italian party system. The thesis examines the central question within an analytical framework that consists of models explaining electoral change in advanced industrial democracies and in Italy. A review of the literature on electoral change in Italy reveals three basic models: structural (socioeconomic and demographic factors), subcultural (the decline of the Catholic and Communist subcultures), and pol i tical (factors such as party strategy, and the crisis and collapse of communism in iv Eastern Europe and the former soviet Union and the end to the Cold War). Significant structural changes have occurred in Italy, but they do not invariably hurt or benefit either party. The Catholic and Communist subcultures have declined in size and strength, but only gradually. More importantly, the study discovers that the decline of communism and party strategy adversely affected the electoral performances of the DC and PC!. The basic conclusion is that political factors primarily and directly contributed to the decline in electoral support for both parties, while societal factors (structural and subcultural changes) played a secondary and indirect role. While societal factors do not contribute directly to the decline in electoral support for both parties, they do provide the context within which both parties operated. In addition, the Italian party system is becoming more fragmented and traditional political parties are losing electoral support to new political movements, such as the Lega Nord (LN-Northern League) and the Rete (Network). The growing importance of the North-South and centre-periphery cleavages suggests that the Italian party system, which is traditionally based on religious and ideological cleavages, may be changing.

An efficient shock capturing algorithm for compressible flows in a duct of variable cross-section

A numerical scheme is presented for the solution of the Euler equations of compressible flow of a gas in a single spatial co-ordinate. This includes flow in a duct of variable cross-section as well as flow with slab, cylindrical or spherical symmetry and can prove useful when testing codes for the two-dimensional equations governing compressible flow of a gas. The resulting scheme requires an average of the flow variables across the interface between cells and for computational efficiency this average is chosen to be the arithmetic mean, which is in contrast to the usual ‘square root’ averages found in this type of scheme. The scheme is applied with success to five problems with either slab or cylindrical symmetry and a comparison is made in the cylindrical case with results from a two-dimensional problem with no sources.

Heat transfer in laminar flow of non-Newtonian fluids in ducts of elliptical section

Laminar forced convection inside tubes of various cross-section shapes is of interest in the design of a low Reynolds number heat exchanger apparatus. Heat transfer to thermally developing, hydrodynamically developed forced convection inside tubes of simple geometries such as a circular tube, parallel plate, or annular duct has been well studied in the literature and documented in various books, but for elliptical duct there are not much work done. The main assumption used in this work is a laminar flow of a power flow inside elliptical tube, under a boundary condition of first kind with constant physical properties and negligible axial heat diffusion (high Peclet number). To solve the thermally developing problem, we use the generalized integral transform technique (GITT), also known as Sturm-Liouville transform. Actually, such an integral transform is a generalization of the finite Fourier transform where the sine and cosine functions are replaced by more general sets of orthogonal functions. The axes are algebraically transformed from the Cartesian coordinate system to the elliptical coordinate system in order to avoid the irregular shape of the elliptical duct wall. The GITT is then applied to transform and solve the problem and to obtain the once unknown temperature field. Afterward, it is possible to compute and present the quantities of practical interest, such as the bulk fluid temperature, the local Nusselt number and the average Nusselt number for various cross-section aspect ratios. (C) 2006 Elsevier. SAS. All rights reserved.

First measurement of the cross section for top-quark pair production in proton-proton collisions at root s=7 TeV

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Measurement of the inelastic proton-proton cross section at root s=7 TeV

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Measurement of the e + e - pi + pi - pi + pi - cross section using initial state radiation at BABAR

One of the most precisely measured quantities in particle physics is the magnetic moment of the muon, which describes its coupling to an external magnetic field. It is expressed in form of the anomalous magnetic moment of the muon a_mu=(g_mu-2)/2 and has been determined experimentally with a precision of 0.5 parts per million. The current direct measurement and the theoretical prediction of the standard model differ by more than 3.5 standard deviations. Concerning theory, the contribution of the QED and weak interaction to a_mu can be calculated with very high precision in a perturbative approach.rnAt low energies, however, perturbation theory cannot be used to determine the hadronic contribution a^had_mu. On the other hand, a^had_mu may be derived via a dispersion relation from the sum of measured cross sections of exclusive hadronic reactions. Decreasing the experimental uncertainty on these hadronic cross sections is of utmost importance for an improved standard model prediction of a_mu.rnrnIn addition to traditional energy scan experiments, the method of Initial State Radiation (ISR) is used to measure hadronic cross sections. This approach allows experiments at colliders running at a fixed centre-of-mass energy to access smaller effective energies by studying events which contain a high-energetic photon emitted from the initial electron or positron. Using the technique of ISR, the energy range from threshold up to 4.5GeV can be accessed at Babar.rnrnThe cross section e+e- -> pi+pi- contributes with approximately 70% to the hadronic part of the anomalous magnetic moment of the muon a_mu^had. This important channel has been measured with a precision of better than 1%. Therefore, the leading contribution to the uncertainty of a_mu^had at present stems from the invariant mass region between 1GeV and 2GeV. In this energy range, the channels e+e- -> pi+pi-pi+pi- and e+e- -> pi+pi-pi0pi0 dominate the inclusive hadronic cross section. The measurement of the process e+e- -> pi+pi-pi+pi- will be presented in this thesis. This channel has been previously measured by Babar based on 25% of the total dataset. The new analysis includes a more detailed study of the background contamination from other ISR and non-radiative background reactions. In addition, sophisticated studies of the track reconstruction as well as the photon efficiency difference between the data and the simulation of the Babar detector are performed. With these auxiliary studies, a reduction of the systematic uncertainty from 5.0% to 2.4% in the peak region was achieved.rnrnThe pi+pi-pi+pi- final state has a rich internal structure. Hints are seen for the intermediate states rho(770)^0 f_2(1270), rho(770)^0 f_0(980), as well as a_1(1260)pi. In addition, the branching ratios BR(jpsi -> pi+pi-pi+pi-) and BR(psitwos -> jpsi pi+pi-) are extracted.rn

The performativity of nonviolent protest in South Asia (1918 - 1948)

This study seeks to address a gap in the study of nonviolent action. The gap relates to the question of how nonviolence is performed, as opposed to the meaning or impact of nonviolent politics. The dissertation approaches the history of nonviolent protest in South Asia through the lens of performance studies. Such a shift allows for concepts such as performativity and theatricality to be tested in terms of their applicability and relevance to contemporary political and philosophical questions. It also allows for a different perspective on the historiography of nonviolent protest. Using concepts, modes of analysis and tropes of thinking from the emerging field of performance studies, the dissertation analyses two different cases of nonviolent protest, asking how politics is performatively constituted. The first two sections of this study set out the parameters of the key terms of the dissertation: nonviolence and performativity, by tracing their genealogies and legacies as terms. These histories are then located as an intersection in the founding of the nonviolent. The case studies at the analytical core of the dissertation are: fasting as a method in Gandhi's political arsenal, and the army of nonviolent soldiers in the North-West Frontier Province, known as the Khudai Khidmatgar. The study begins with an overview of current theorisations of nonviolence. The approach to the subject is through an investigation of commonly held misconceptions about nonviolent action, such as its supposed passivity, the absence of violence, its ineffectiveness and its spiritual basis. This section addresses the lacunae within existing theories of nonviolence and points to possible fertile spaces for further exploration. Section 3 offers an overview of the different shades of the concept of performativity, asking how it is used in various contexts and how these different nuances can be viewed in relation to each other. The dissertation explores how a theory of performativity may be correlated to the theorisation of nonviolence. The correlations are established in four boundary areas: action/inaction, violence/absence of violence, the actor/opponent and the body/spirit. These boundary areas allow for a theorising of nonviolent action as a performative process. The first case study is Gandhi's use of the fast as a method of nonviolent protest. Using a close reading of his own writings, speeches and letters, as well as a reading of responses to his fast in British newspapers and within India, the dissertation asks what made fasting into Gandhi's most favoured mode of protest and political action. The study reconstructs his unique praxis of the fast from a performative perspective, demonstrating how display and ostentation are vital to the political economy of the fast. It also unveils the cultural context and historical reservoir of body practices, which Gandhi drew from and adapted into 'weapons' of political action. The relationship of Gandhian nonviolence to the body forms a crucial part of the analysis. The second case study is the nonviolent army of the Pashtuns, Khudai Khidmatgar (KK), literally Servants of God. This anti-imperialist movement in the North-West Frontier Province of what is today the border between Pakistan and Afghanistan existed between 1929 and 1948. The movement adopted the organisational form of an army. It conducted protest activities against colonial rule, as well as social reform activities for the Pashtuns. This group was connected to the Congress party of Gandhi, but the dissertation argues that their conceptualisation and praxis of nonviolence emerged from a very different tradition and worldview. Following a brief introduction to the socio-political background of this Pashtun movement, the dissertation explores the activities that this nonviolent army engaged in, looking at their unique understanding of the militancy of an unarmed force, and their mode of combat and confrontation. Of particular interest to the analysis is the way the KK re-combined and mixed what appear to be contradictory ideologies and acts. In doing so, they reframed cultural and historical stereotypes of the Pashtuns as a martial race, juxtaposing the institutional form of the army with a nonviolent praxis based on Islamic principles and social reform. The example of the Khudai Khidmatgar is used to explore the idea that nonviolence is not the opposite of violent conflict, but in fact a dialectical engagement and response to violence. Section 5, in conclusion, returns to the boundary areas of nonviolence: action, violence, the opponent and the body, and re-visits these areas on a comparative note, bringing together elements from Gandhi's fasts and the practices of the KK. The similarities and differences in the two examples are assessed and contextualised in relation to the guiding question of this study, namely the question of the performativity of nonviolent action.

Relative abundance and ranges of selected diatoms from Pliocene-Pleistocene sections of ODP Leg 177, Atlantic sector of the Southern Ocean

During Ocean Drilling Program (ODP) Leg 177, seven sites were drilled aligned on a transect across the Antarctic Circumpolar Current in the Atlantic sector of the Southern Ocean. The primary scientific objective of Leg 177 was the study of the Cenozoic paleoceanographic and paleoclimatic history of the southern high latitudes and its relationship with the Antarctic cryosphere development. Of special emphasis was the recovery of Pliocene-Pleistocene sections, allowing paleoceanographic studies at millennial or higher time resolution, and the establishment of refined biostratigraphic zonations tied to the geomagnetic polarity record and stable isotope records. At most sites, multiple holes were drilled to ensure complete recovery of the section. A description of the recovered sections and the construction of a multihole splice for the establishment of a continuous composite is presented in the Leg 177 Initial Reports volume for each of the sites (Gersonde, Hodell, Blum, et al., 1999). Here we present the relative abundance pattern and the stratigraphic ranges of diatom taxa encountered from shore-based light microscope studies completed on the Pliocene-Pleistocene sequences from six of the drilled sites (Sites 1089-1094). No shore-based diatom studies have been conducted on the Pliocene-Pleistocene sediments obtained at Site 1088, located on the northern crest of the Agulhas Ridge, because of the scattered occurrence and poor preservation of diatoms in these sections (Shipboard Scientific Party, 1999b). The data included in our report present the baseline of a diatom biostratigraphic study of Zielinski and Gersonde (2002), which (1) includes a refinement of the southern high-latitude Pliocene-Pleistocene diatom zonation, in particular for the middle and late Pleistocene, and (2) presents a biostratigraphic framework for the establishment of age models of the recovered sediment sections. Zielinski and Gersonde (2002) correlated the diatom ranges with the geomagnetic polarity record established shipboard (Sites 1090 and 1092) (Shipboard Scientific Party, 1999c, 1999d) and on shore (Sites 1089, 1091, 1093, and 1094) by Channell and Stoner (2002). The Pliocene-Pleistocene diatom zonation proposed by Zielinski and Gersonde (2002) relies on a diatom zonation from Gersonde and Bárcena (1998) for the northern belt of the Southern Ocean. Because of latitudinal differentiation of sea-surface temperature, nutrients, and salinity between Antarctic and Subantarctic/subtropical water masses, the Pliocene-Pleistocene stratigraphic marker diatoms are not uniformly distributed in the Southern Ocean (Fenner, 1991; Gersonde and Bárcena, 1998). As a consequence, Zielinski and Gersonde (2002) propose two diatom zonations for application in the Antarctic Zone south of the Polar Front (Southern Zonation, Sites 1094 and 1093) and the area encompassing the Polar Front Zone (PFZ) and the Subantarctic Zone (Northern Zonation, Sites 1089-1092). This accounts especially for the Pleistocene zonation where Hemidiscus karstenii, whose first abundant occurrence datum and last occurrence datum defines the subzonation of the northern Thalassiosira lentiginosa Zone, occurs only sporadically in the cold-water realm south of the PFZ and thus is not applicable in sections from this area. However, newly established marker species assigned to the genus Rouxia (Rouxia leventerae and Rouxia constricta) are more related to cold-water environments and allow a refinement of the Pleistocene stratigraphic zonation for the southern cold areas. A study relying on quantitative counts of both Rouxia species confirms the utility of these stratigraphic markers for the identification of sequences attributed to marine isotope Stages 6 and 8 in the southern Southern Ocean (Zielinski et al., 2002).

Core alignment and composite depth scale of DSDP Site 86-577

Deep Sea Drilling Project Site 577 on Shatsky Rise (North Pacific Ocean) recovered a series of cores at three holes that contain calcareous nannofossil ooze of latest Cretaceous (late Maastrichtian) through early Eocene age. Several important records have been generated using samples from these cores, but the stratigraphy has remained outdated and confusing. Here we revise the stratigraphy at Site 577. This includes refining several age datums, realigning cores in the depth domain, and placing all stratigraphic markers on a current time scale. The work provides a template for appropriately bringing latest Cretaceous and Paleogene data sets at old drill sites into current paleoceanographic literature for this time interval. While the Paleocene Eocene Thermal Maximum (PETM) lies within core gaps at Holes 577* and 577A, the sedimentary record at the site holds other important events and remains crucially relevant to understanding changes in oceanographic conditions from the latest Cretaceous through early Paleogene.

Static and Dynamic Experimental Analysis of the Galloping Stability of Porous H-Section Beams

The phenomenon of self-induced vibrations of prismatic beams in a cross-flow has been studied for decades, but it is still of great interest due to their important effects in many different industrial applications. This paper presents the experimental study developed on a prismatic beam with H-section.The aim of this analysis is to add some additional insight into the behaviour of the flow around this type of bodies, in order to reduce galloping and even to avoid it. The influence of some relevant geometrical parameters that define the H-section on the translational galloping behaviour of these beams has been analysed. Wind loads coefficients have been measured through static wind tunnel tests and the Den Hartog criterion applied to elucidate the influence of geometrical parameters on the galloping properties of the bodies under consideration.These results have been completed with surface pressure distribution measurements and, besides, dynamic tests have been also performed to verify the static criterion. Finally, the morphology of the flow past the tested bodies has been visualised by using smoke visualization techniques. Since the rectangular section beam is a limiting case of the H-section configuration, the results here obtained are compared with the ones published in the literature concerning rectangular configurations; the agreement is satisfactory.

The United States in today's world: report to the National Committee of the Communist Party, U.S.A.

Mode of access: Internet.

Mesozoic tectonic assembly of California : fieldtrip guidebook and volume prepared for the Joint Meeting of the Cordilleran Section, GSA and Pacific Section, AAPG, April 29-May 1, 2005, San Jose, California : fieldtrips 15 and 4 /

Mode of access: Internet.

Clearing house examinations by clearings house examiners; discussion at meeting of the Clearing House Section, at Los Angeles Cal., Thursday, Oct. 6, 1910.

Mode of access: Internet.