Humanitarian law, human rights law and the bifurcation of armed conflict

This article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would preserve what remains of the distinction. By exploring this important issue, it is hoped that the present article will contribute to the ongoing debates regarding the future development of the law of non-international armed conflict.

Teachers’ Views on ICT as a Tool in English Teaching for Students with Dyslexia : An interview study with English teachers in grades 7-9

Information and communications technology (ICT) is a broad concept, which is often discussed in relation to the development of education. More specially, ICT can be seen as a tool to help teachers individualize students’ education. Students who have literacy difficulties, such as dyslexia, are in constant need of new techniques to help them learn and new tools to make their educational development easier. The aim of this thesis is to show what views teachers have regarding using ICT in English teaching at a sample of schools in the south of Sweden. A secondary part of the aim is to see what ICT tools, or other non ICT related methods, these teachers use to improve literacy skills for students with dyslexia.This empirical study is based on interviews with six participants. Previous research within the area is presented and different aspects of ICT within the National Agency for Education in Sweden, and the English syllabus, are also discussed. The results of this thesis show that ICT is seen as a helpful tool to make education easier for both students and teachers. Tools such as ViTal, Spell Right and Legimus are being used and the participants of the study also use iPads and Chromebooks in their teaching. According to the interviews, ICT can tribute to a fun way of learning and a more individualized education. Other non ICT related methods are also used to help students with dyslexia and these are often in terms of pictures in connection to words. These findings are based on a limited number of participants in a small area of south of Sweden. Therefore, further research is needed to see if the findings can be verified with more participants, in different parts of the country.

Global law in pieces fragmentation, regimes and pluralism

The idea that life undergoes a process of functional differentiation, and that, as a consequence, law becomes increasingly specialized – and maybe even transforms in its very nature – is now widespread. The specialized clusters of law or regulation are very often called regimes, in the international arena, international or transnational regimes. This paper deals, first, with three strong representations of international regimes and discusses some of their problems. It argues that, in order to make a good use of the category, it is necessary to keep in mind the differentiation between law and non-law in the wider context of governance. It then turns, firstly, to the notion of regimes as fragments of a unified and coherent public international law order and, secondly, as meeting points of regulations emerging from different legal orders as well as from other non-legal sources. Within public international law, regimes are seen as related to what is called the double fragmentation of that legal order. As clusters of regulation within a wider global regulatory order, regimes are put in relation to two types of legal or regulatory pluralism.

Predictors of adherence to influenza vaccination for healthcare workers from a teaching hospital: a study in the prepandemic era

Introduction: Even before the 2009 pandemics, influenza in healthcare workers (HCW) was a known threat to patient safety, while Influenza vaccine coverage in the same group was generally low. Identification of predictors for HCW adherence to Influenza vaccination has challenged infection control committees. Methods: Our group conducted a cross-sectional survey in December 2007, interviewing 125 HCWs from a teaching hospital to identify adherence predictors for Influenza vaccination. The outcomes of interest were: A - adherence to the 2007 vaccination campaign; B - adherence to at least three yearly campaigns in the past five years. Demographic and professional data were assessed through univariate and multivariate analysis. Results: of the HCWs interviewed, 43.2% were vaccinated against Influenza in 2007. However, only 34.3% of HCWs working in healthcare for more than five years had adhered to at least three of the last five vaccination campaigns. Multivariate analysis showed that working in a pediatric unit (OR = 7.35, 95% I = 1.90-28.44, p = 0.004) and number of years in the job (OR = 1.32, 95%CI = 1.00-1.74, p = 0.049) were significant predictors of adherence to the 2007 campaign. Physicians returned the worst outcome performances in A (OR = 0.40, 95%CI = 0.16-0.97, p = 0.04) and B (OR = 0.17, 95%CI = 0.05-0.60, p = 0.006). Conclusions: Strategies to improve adherence to Influenza vaccination should focus on physicians and newly-recruited HCWs. New studies are required to assess the impact of the recent Influenza A pandemics on HCW-directed immunization policies.

Dermatoglyphics in sports sciences: Understanding the distribution of quantitative indicators in non-athletes and athletes of basketball according to their performance

Objectives. One of the concerns of Sports Sciences is the search for methodologies that can help discover potential athletes. In this sense, some initiatives have been taken in an attempt to identify and characterize the genetic profile of dermatoglyphic marks (fingerprints). The present work has the objective of understanding the distribution of quantitative dermatoglyphic indicators in basketball players with different levels of performance compared to non-players. Methods. The subjects observed constituted 125 individuals, divided into five numerically equal groups, three of which were composed of professional basketball players according to their level of participation (Brazilian Team, National Championship and São Paulo Championship) and the last two formed by weekend players and non-players, respectively. Eleven dermatoglyphic variables were analysed in the descriptive level by means of measurement of position, variability and limits of confidence of the median, and, in inferential terms, the Kruskal-Wallis statistical test was adopted. Results. The more expressive ones were: TRC, counting lines a-b and A'-d, behave differently between athletes and non-athletes. Conclusion. Studies about this kind of analysis should be continued, calling on resources that take into consideration all variables simultaneously as a multivariate study. © 2012 Revista Andaluza de Medicina del Deporte.

Direito intertemporal no Código Florestal Brasileiro

Pós-graduação em Direito - FCHS

Ultrasonography of the conceptus development from days 15 to 60 of pregnancy in non-cyclic recipient mares

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Alteration in 5HT1A Receptor Activity from a Prenatal Exposure to Dexamethasone in a Stressed and Non-Stressed Adult Male Rat

Synthetic glucocorticoids (GC) are used as a clinical therapeutic to stimulate lung development in fetuses that present the risk of preterm delivery. Previous studies have shown that a prenatal exposure to Dexamethasone (DEX) causes a disturbance in normal GC mediation of neuritic outgrowth, cell signaling, and serotonergic systems. Our hypothesis is that a prenatal exposure to DEX during the third trimester of pregnancy alters 5HT1A receptor function. Pregnant dams were injected daily with 150μg/ml/kg of DEX from gestation day 14 through 19. Control dams were treated with and equal volume of saline. Swim stress followed by elevated plus maze testing was conducted on male rats an hour and a half prior to being sacrificed to induce postnatal acute stress. The non-stressed group was also tested and allowed to return to baseline before sacrifice. Hippocampi were analyzed using a radioligand-receptor binding assay and GTPγS35 incorporation (3H-MPPF antagonist and 8-OH-DPAT agonist, respectively). A significant increase in Kd was found in non-stressed DEX-exposed animals compared to non-stressed controls (p

Non-invasive measurement of steroids in fish-holding water: important considerations when applying the procedure to behaviour studies

Fish behaviourists are increasingly turning to non-invasive measurement of steroid hormones in holding water, as opposed to blood plasma. When some of us met at a workshop in Faro, Portugal, in September, 2007, we realised that there were still many issues concerning the application of this procedure that needed resolution, including: Why do we measure release rates rather than just concentrations of steroids in the water? How does one interpret steroid release rates when dealing with fish of different sizes? What are the merits of measuring conjugated as well as free steroids in water? In the ‘static’ sampling procedure, where fish are placed in a separate container for a short period of time, does this affect steroid release—and, if so, how can it be minimised? After exposing a fish to a behavioural stimulus, when is the optimal time to sample? What is the minimum amount of validation when applying the procedure to a new species? The purpose of this review is to attempt to answer these questions and, in doing so, to emphasize that application of the non-invasive procedure requires more planning and validation than conventional plasma sampling. However, we consider that the rewards justify the extra effort.

The Law Applicable to Online Copyright Infringements int ALI and CLIP Proposals: A Rebalance of Interest Needed?

The article discusses the problems of applicable law to copyright infringements online. It firstly identifies the main problems related to the well established territoriality principle and the lex loci protectionis rules. Then; the discussion focuses on the "ubiquitous infringement" rule recently proposed by the American Law Institute (ALI) and the European Max Planck Group for Conflicts of Law and Intellectual Propoperty (CLIP). The author strongly welcomes a compromise between the territoriality and universality approaches suggested in respect of ubiquitous infringement cases. At the same time; the paper draws the attention that the interests of "good faith" online service providers (such as legal certainty and foreseeability) have been until now underestimated and invites to take these interests into account when merging the projects into a common international proposal.

Gender differences at the transition to higher education between migrants and non-migrants: A comparison between Switzerland and France

Within Western societies women or girls meanwhile outperform men or boys with regard to attainments in primary and secondary education. For example concerning upper secondary degrees the share of females attaining the Matura approaches two thirds in Switzerland, while the share of females attaining the Baccalaureate exceeds fifty per cent in France. However, if transitions to higher education are regarded, the share of entitled females entering such institutions is significantly lower than among men in Switzerland. An opposite pattern is observed in France where females outperform men at this educational stage, too. With regard to migrant background, it has been shown by previous research focussing on secondary effects of ethnic origin that such youths enter the more demanding educational tracks (e.g. higher education) more often than their non-migrant peers if controlled for eligibility, their lower socioeconomic status and performances. However, so far only a few studies refer to the question of a possible gender gap regarding secondary effects of ethnic origin (e.g. Fleischmann et al., mimeo). Thus, with regard to a possible interaction of a migrant background and - for example - a female gender, it is important to note that in both countries many migrant groups have their origins in countries and regions where male advantage remains very strong. This is in particular the case for migrant groups from non-Western countries, e.g. Turkey, Algeria, Marocco or Tunisie, where gender gaps in the literacy rates of up to 18 per cent are still observed. In order to investigate the question of a possible disadvantages of women with a migrant background stemming from such countries when compared to non-migrant females two panel studies - the Tree data in Switzerland and the Panel d’élèves 1995 in France -, are analysed.

Effects of congressional modernization laws on public access to innovative medical device technologies

The Federal Food and Drug Administration (FDA) and the Centers for Medicare and Medicaid (CMS) play key roles in making Class III, medical devices available to the public, and they are required by law to meet statutory deadlines for applications under review. Historically, both agencies have failed to meet their respective statutory requirements. Since these failures affect patient access and may adversely impact public health, Congress has enacted several “modernization” laws. However, the effectiveness of these modernization laws has not been adequately studied or established for Class III medical devices. ^ The aim of this research study was, therefore, to analyze how these modernization laws may have affected public access to medical devices. Two questions were addressed: (1) How have the FDA modernization laws affected the time to approval for medical device premarket approval applications (PMAs)? (2) How has the CMS modernization law affected the time to approval for national coverage decisions (NCDs)? The data for this research study were collected from publicly available databases for the period January 1, 1995, through December 31, 2008. These dates were selected to ensure that a sufficient period of time was captured to measure pre- and post-modernization effects on time to approval. All records containing original PMAs were obtained from the FDA database, and all records containing NCDs were obtained from the CMS database. Source documents, including FDA premarket approval letters and CMS national coverage decision memoranda, were reviewed to obtain additional data not found in the search results. Analyses were conducted to determine the effects of the pre- and post-modernization laws on time to approval. Secondary analyses of FDA subcategories were conducted to uncover any causal factors that might explain differences in time to approval and to compare with the primary trends. The primary analysis showed that the FDA modernization laws of 1997 and 2002 initially reduced PMA time to approval; after the 2002 modernization law, the time to approval began increasing and continued to increase through December 2008. The non-combined, subcategory approval trends were similar to the primary analysis trends. The combined, subcategory analysis showed no clear trends with the exception of non-implantable devices, for which time to approval trended down after 1997. The CMS modernization law of 2003 reduced NCD time to approval, a trend that continued through December 2008. This study also showed that approximately 86% of PMA devices do not receive NCDs. ^ As a result of this research study, recommendations are offered to help resolve statutory non-compliance and access issues, as follows: (1) Authorities should examine underlying causal factors for the observed trends; (2) Process improvements should be made to better coordinate FDA and CMS activities to include sharing data, reducing duplication, and establishing clear criteria for “safe and effective” and “reasonable and necessary”; (3) A common identifier should be established to allow tracking and trending of applications between FDA and CMS databases; (4) Statutory requirements may need to be revised; and (5) An investigation should be undertaken to determine why NCDs are not issued for the majority of PMAs. Any process improvements should be made without creating additional safety risks and adversely impacting public health. Finally, additional studies are needed to fully characterize and better understand the trends identified in this research study.^

X-parameters based analytical design of non-linear microwave circuits Application to oscillator design

Resumen El diseño clásico de circuitos de microondas se basa fundamentalmente en el uso de los parámetros s, debido a su capacidad para caracterizar de forma exitosa el comportamiento de cualquier circuito lineal. La relación existente entre los parámetros s con los sistemas de medida actuales y con las herramientas de simulación lineal han facilitado su éxito y su uso extensivo tanto en el diseño como en la caracterización de circuitos y subsistemas de microondas. Sin embargo, a pesar de la gran aceptación de los parámetros s en la comunidad de microondas, el principal inconveniente de esta formulación reside en su limitación para predecir el comportamiento de sistemas no lineales reales. En la actualidad, uno de los principales retos de los diseñadores de microondas es el desarrollo de un contexto análogo que permita integrar tanto el modelado no lineal, como los sistemas de medidas de gran señal y los entornos de simulación no lineal, con el objetivo de extender las capacidades de los parámetros s a regímenes de operación en gran señal y por tanto, obtener una infraestructura que permita tanto la caracterización como el diseño de circuitos no lineales de forma fiable y eficiente. De acuerdo a esta filosofía, en los últimos años se han desarrollado diferentes propuestas como los parámetros X, de Agilent Technologies, o el modelo de Cardiff que tratan de proporcionar esta plataforma común en el ámbito de gran señal. Dentro de este contexto, uno de los objetivos de la presente Tesis es el análisis de la viabilidad del uso de los parámetros X en el diseño y simulación de osciladores para transceptores de microondas. Otro aspecto relevante en el análisis y diseño de circuitos lineales de microondas es la disposición de métodos analíticos sencillos, basados en los parámetros s del transistor, que permitan la obtención directa y rápida de las impedancias de carga y fuente necesarias para cumplir las especificaciones de diseño requeridas en cuanto a ganancia, potencia de salida, eficiencia o adaptación de entrada y salida, así como la determinación analítica de parámetros de diseño clave como el factor de estabilidad o los contornos de ganancia de potencia. Por lo tanto, el desarrollo de una formulación de diseño analítico, basada en los parámetros X y similar a la existente en pequeña señal, permitiría su uso en aplicaciones no lineales y supone un nuevo reto que se va a afrontar en este trabajo. Por tanto, el principal objetivo de la presente Tesis consistiría en la elaboración de una metodología analítica basada en el uso de los parámetros X para el diseño de circuitos no lineales que jugaría un papel similar al que juegan los parámetros s en el diseño de circuitos lineales de microondas. Dichos métodos de diseño analíticos permitirían una mejora significativa en los actuales procedimientos de diseño disponibles en gran señal, así como una reducción considerable en el tiempo de diseño, lo que permitiría la obtención de técnicas mucho más eficientes. Abstract In linear world, classical microwave circuit design relies on the s-parameters due to its capability to successfully characterize the behavior of any linear circuit. Thus the direct use of s-parameters in measurement systems and in linear simulation analysis tools, has facilitated its extensive use and success in the design and characterization of microwave circuits and subsystems. Nevertheless, despite the great success of s-parameters in the microwave community, the main drawback of this formulation is its limitation in the behavior prediction of real non-linear systems. Nowadays, the challenge of microwave designers is the development of an analogue framework that allows to integrate non-linear modeling, large-signal measurement hardware and non-linear simulation environment in order to extend s-parameters capabilities to non-linear regimen and thus, provide the infrastructure for non-linear design and test in a reliable and efficient way. Recently, different attempts with the aim to provide this common platform have been introduced, as the Cardiff approach and the Agilent X-parameters. Hence, this Thesis aims to demonstrate the X-parameter capability to provide this non-linear design and test framework in CAD-based oscillator context. Furthermore, the classical analysis and design of linear microwave transistorbased circuits is based on the development of simple analytical approaches, involving the transistor s-parameters, that are able to quickly provide an analytical solution for the input/output transistor loading conditions as well as analytically determine fundamental parameters as the stability factor, the power gain contours or the input/ output match. Hence, the development of similar analytical design tools that are able to extend s-parameters capabilities in small-signal design to non-linear ap- v plications means a new challenge that is going to be faced in the present work. Therefore, the development of an analytical design framework, based on loadindependent X-parameters, constitutes the core of this Thesis. These analytical nonlinear design approaches would enable to significantly improve current large-signal design processes as well as dramatically decrease the required design time and thus, obtain more efficient approaches.

The Future Direction of Delaware Law (Including a Brief Exegesis on Fee Shifting Bylaws)

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations. A current example of a management friendly trend in the case law had seen the recent decisions setting out the board’s authority to adopt bylaws under Section 109 of the Delaware General Corporation Law (DGCL), particularly those involving the shifting of fees in litigation against the corporation or its directors. The DGCL allows bylaws that address “the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees.” The broad parameters are, however, subject to limits. Bylaws cannot be inconsistent with the certificate of incorporation or “the law.” Law includes the common law. The Delaware courts have used the limitations imposed by “the law” to severely restrict the reach of shareholder inspired bylaws. The courts have not used the same principles to impose similar restraints on bylaws adopted by the board of directors. This can be seen with respect to bylaws that restrict or even eliminate the right of shareholders to bring actions against management and the corporation. In ATP Tour, Inc. v. Deutscher Tennis Bund the court approved a fee shifting bylaw that had littl relationship to the internal affairs of the corporation. The decision upheld the bylaw as facially valid.The decision ignored a number of obvious legal infirmities. Among other things, the decision did not adequately address the requirement in Section 109(b) that bylaws be consistent with “the law.” The decision obliquely acknowledged that the provisions would “by their nature, deter litigation” but otherwise made no effort to assess the impact of this deterrence on shareholders causes of action. The provision in fact had the practical effect of restricting, if not eliminating, litigation rights granted by the DGCL and the common law. Perhaps most significantly, however, the bylaws significantly limited common law rights of shareholders to bring actions against the corporation and the board. Given the high dismissal rates for these actions, fee shifting bylaws imposed a meaningful risk of liability on plaintiffs. Moreover, because judgments in derivative suits were paid to the corporation, shareholders serving as plaintiffs confronted the risk of liability without any offsetting direct benefit. By preventing suits in this area, the bylaw effectively insulated the behavior of boards from legal challenge. The ATP decision was poorly reasoned and overstepped acceptable boundaries. The management friendly decision threatened the preeminent role of Delaware in the development of corporate law. The decision raised the specter of federal intervention and the potential for meaningful competition from the states. Because the opinion examined the bylaw in the context of non-stock companies, the reasoning may remain applicable only to those entities and never make the leap to for-profit stock corporations. Nonetheless, the analysis reflects a management friendly approach that does not adequately take into account the impact of the provision on the rights of shareholders.

How to measure healthiness in buildings: Experiences in teaching with BIM tools

Introducing teaching about healthy solutions in buildings and BIM has been a challenge for the University of Alicante. Teaching attached to very tighten study plans conditioned the types of methods that could be used in the past. The worldwide situation of crisis that especially reached Spain and the bursting of the housing bubble generated a lack of employment that reached universities where careers related to construction, Architecture and Architectural Technologist, suffered a huge reduction in the number of students enrolled. In the case of the University of Alicante, students’ enrolment for Architectural Technology reached an 80% reduction. The necessity of a reaction against this situation made the teachers be innovative and use the new Bologna adapted study plans to develop new teaching experiences introducing new concepts: people wellbeing in buildings and BIM. Working with healthy solutions in buildings provided new approaches for building design and construction as an alternative to sustainability. For many years sustainability was the concept that applied to housing gave buildings an added value and the possibility of having viability in a very complex scenario. But after lots of experiences, the approved methodologies for obtaining sustainable housing were ambiguous and at the end, investors, designers, constructors and purchasers cannot find real and validated criteria for obtaining an effective sustainable house. It was the moment to work with new ideas and concepts and start facing buildings from the users’ point of view. At the same time the development of new tools, BIM, has opened a wide range of opportunities, innovative and suggestive, that allows simulation and evaluation of many building factors. This paper describes the research in teaching developed by the University of Alicante to adapt the current study plans, introducing work with healthy solutions in buildings and the use of BIM, with the aim of attracting students by improving their future employability. Pilot experiences have been carried out in different subjects based on the work with projects and case studies under an international frame with the cooperation of different European partner universities. The use of BIM tools, introduced in 2014, solved the problems that appeared in some subjects, mainly building construction, and helped with the evaluation of some healthy concepts that presented difficulties until this moment as knowledge acquired by the students was hard to be evaluated. The introduction of BIM tools: Vasari, FormIt, Revit and Light Control among others, allowed the study of precise healthy concepts and provided the students a real understand of how these different parameters can condition a healthy architectural space. The analysis of the results showed a clear acceptance by the students and gave teachers the possibility of opening new research lines. At the same time, working with BIM tools to obtain healthy solutions in building has been a good option to improve students’ employability as building market in Spain is increasing the number of specialists in BIM with a wider knowledge.