Delegações legislativas e poder regulamentar: política e direito na administração pública brasileira

Esta tese objetiva analisar o fenômeno das delegações legislativas no Brasil, de forma a situar o princípio da indelegabilidade na interseção entre a ciência política descritiva e o Direito Administrativo. O trabalho está organizado em três partes. A primeira parte tem como foco a apresentação do debate sobre as delegações legislativas no conhecimento jurídico corrente, sua casuística e inconsistências. Inicia-se com o estudo do princípio da indelegabilidade legislativa, verificando suas origens e pressupostos, passando por seus corolários do Estado de Direito (rule of law), princípio democrático e separação de Poderes. Na sequência, será narrada a história da denominada nondelegation doctrine, desenvolvida nos EUA e que ensejou profícua discussão a merecer análise para o aprofundamento da questão no Brasil. Também serão objeto da Primeira Parte o exame da figura da lei delegada, prevista no art. 68 da Constituição, bem como das principais teorias sobre o poder regulamentar, verificando as suas espécies e características básicas. Por fim, será examinada a jurisprudência do Supremo Tribunal Federal, destacando-se as dificuldades de uma definição clara quanto aos limites jurídicos às delegações legislativas. Na segunda parte, as delegações legislativas serão apresentadas como uma das engrenagens da dinâmica política presidencialista, tendo em vista o chamado presidencialismo de coalizão suas críticas, resultados e impactos na democracia brasileira. A experiência dos EUA será, mais uma vez, levada em consideração. Serão abordadas as teorias de public choice e o modo como elas são usadas para aperfeiçoar o debate sobre delegações legislativas, tornando-o mais próximo da realidade, numa construção pragmática do próprio Direito Administrativo daquele país. Finalmente, na terceira parte, será apresentada uma proposta de abordagem para as delegações legislativas no Brasil. A meta é oferecer parâmetros interpretativos, os quais poderão contribuir para a redefinição dos limites do poder regulamentar, enquanto mecanismo de delegação legislativa em benefício e promoção dos valores constitucionais. Almeja-se um desenho de poder regulamentar compatível com uma Administração Pública que seja funcional e capaz de atingir suas finalidades, dentro do projeto democrático da Constituição de 1988. Isto para, ao final, propor critérios objetivos que possam, em conjunto, auxiliar o intérprete no exame de legitimidade das delegações.

National summary of NOAA's shallow-water benthic habitat mapping of U.S. coral reef ecosystems

Coral reef ecosystems are some of the most complex and important ecosystems in the marine environment. They are also among the most biologically diverse and economically valuable ecosystems on earth, producing billions of dollars in food, as well as providing a suite of ecological services, such as recreation and tourism activities and coastal protection from storm and wave action. Yet, despite their value and importance, these fragile ecosystems are declining at an alarming rate (Waddell and Clarke (eds.) 2008) due to a myriad of threats both natural and manmade, including climate change, fishing pressure, and runoff and sedimentation. In response, the Unites States Coal Reef Task Force was established in 1998 by Presidential Executive Order 13089 to lead U.S. efforts to preserve and protect the nation’s coral reef ecosystems. In order to better understand the current state of coral reef ecosystems and successfully mitigate the impacts of stressors, informational products, such as benthic (or sea floor) habitat maps, are critical. Benthic habitat maps support the ability to prioritize areas for further study and protection, and offer a baseline to evaluate the changes in ecosystems over time. In 2000, the United States Coral Reef Task Force charged NOAA with leading federal efforts to produce comprehensive digital maps of all U.S. shallow-water (approximately 0 to 30 m in depth) coral reef ecosystem habitats.

Palmyra Atoll coral reef habitat mapping completion report

The United States Coral Reef Task Force (USCRTF) was established in 1998 by Presidential Executive Order 13089 to lead U.S. efforts to preserve and protect coral reef ecosystems. Current, accurate, and consistent maps greatly enhance efforts to preserve and manage coral reef ecosystems. With comprehensive maps and habitat assessments, coral reef managers can be more effective in designing and implementing a variety of conservation measures, including: • Long-term monitoring programs with accurate baselines from which to track changes; • Place-based conservation measures such as marine protected areas (MPAs); and • Targeted research to better understand the oceanographic and ecological processes affecting coral reef ecosystem health. The National Oceanic and Atmospheric Administration’s (NOAA) National Ocean Service (NOS) is tasked with leading the coral ecosystem mapping element of the U.S. Coral Reef Task Force (CRTF) under the authority of the Presidential Executive Order 13089 to map and manage the coral reefs of the United States.

The state of coral reef ecosystems of the United States and Pacific Freely Associated States: 2008

In the past decade, increased awareness regarding the declining condition of U.S. coral reefs has prompted various actions by governmental and non-governmental organizations. Presidential Executive Order 13089 created the U.S. Coral Reef Task Force (USCRTF) in 1998 to coordinate federal and state/territorial activities (Clinton, 1998), and the Coral Reef Conservation Act of 2000 provided Congressional funding for activities to conserve these important ecosystems, including mapping, monitoring and assessment projects carried out through the support of NOAA’s CRCP. Numerous collaborations forged among federal agencies and state, local, non-governmental, academic and private partners now support a variety of monitoring activities. This report shares the results of many of these monitoring activities, relying heavily on quantitative, spatially-explicit data that has been collected in the recent past and comparisons with historical data where possible. The success of this effort can be attributed to the dedication of over 270 report contributors who comprised the expert writing teams in the jurisdictions and contributed to the National Level Activities and National Summary chapters. The scope and content of this report are the result of their dedication to this considerable collaborative effort. Ultimately, the goal of this report is to answer the difficult but vital question: what is the condition of U.S. coral reef ecosystems? The report attempts to base a response on the best available science emerging from coral reef ecosystem monitoring programs in 15 jurisdictions across the country. However, few monitoring programs have been in place for longer than a decade, and many have been initiated only within the past two to five years. A few jurisdictions are just beginning to implement monitoring programs and face challenges stemming from a lack of basic habitat maps and other ecosystem data in addition to adequate training, capacity building, and technical support. There is also a general paucity of historical data describing the condition of ecosystem resources before major human impacts occurred, which limits any attempt to present the current conditions within an historical context and contributes to the phenomenon of shifting baselines (Jackson, 1997; Jackson et al., 2001; Pandolfi et al., 2005).

Stolzman w Belwederze? Instrumentalizacja antysemityzmu w kampaniach prezydenckich w Polsce po roku 1989

Antysemicki dyskurs wcale nie potrzebuje obecności Żydów jako racji swojego bytu i legitymizacji istnienia. Zwalcza Żydów wyimaginowanych i symbolicznych. Żydów z nadania, a zwłaszcza wszystko to, przeciwko czemu występuje i na różne sposoby stara się z Żydami skojarzyć. Praktyka taka niejednokrotnie dała o sobie znać w toku prezydenckich kampanii wyborczych w Polsce po roku 1989. Efektów płynących z instrumentalizacji antysemityzmu, choć samo zjawisko jest godne wyłącznie pogardy, nie należy jednak przeceniać i nadawać mu nadmiernego znaczenia przy interpretacji decyzji powziętych przez wyborców. Gdyby w istocie miał on stanowić instrument o przemożnym oddziaływaniu, to ironizując Aleksander Kwaśniewski nie zostałby dwukrotnie prezydentem Polski.

The Iranian Foreign Policy in the Persian Gulf Region under the Rule of President Hassan Rouhani: Continuity of Change

Although Iran borders with many states and has direct access to the Caspian Sea as well as the Indian Ocean, the Persian Gulf region seems to be the most vital area to its security and prosperity. Yet since the 70’s Iran’s relations with the Arab states in the region have been rather strained and complex. The main reason for that had been the success of the Islamic revolution in 1979 which later resulted in a new dimension of Sunni-Shia rivalry. Moreover, post-revolutionary Iranian authorities also intended to maintain the regional hegemony from the Imperial State of Iran period. As a result, successive Iranian governments competed for hegemony in the Persian Gulf with the littoral Arab states which consolidated their regional positions due to close links and intensive cooperation with the West especially with the United States. Despite some political and economic initiatives which were undertaken by President Mahmoud Ahmadinejad, this rivalry was also evident between 2005–2013. The main aim of this article is to find out whether Iranian foreign policy towards the Arab states in the Persian Gulf region has undergone any significant changes since Hassan Rouhani became the President of the Islamic Republic of Iran in August 2013. According to Mohammad Reza Deshiri, the Iranian foreign policy after 1979 can be divided into so-called waves of idealism and realism. During dominance of idealism values and spirituality are more important than pragmatism while during the realistic waves political as well as economic interests prevail over spirituality. Iranian idealism is connected with export of revolutionary ideas, Shia dominance as well as the restoration of unity among all muslims (ummah). On this basis both presidential terms of Mahmoud Ahmadinejad can be classified as ‘waves of idealism’, albeit some of his ideas were very pragmatic. The question is if Hassan Rouhani’s foreign policy represents a continuity or a change. Is the current Iran’s foreign policy towards the Persian Gulf region idealistic or rather realistic? The main assumption is that there will be no Arab-Iranian rapprochement in the Persian Gulf without a prior normalization of political relations between Iran and the West especially the United States.

On Learning Counting Functions With Queries

We investigate the problem of learning disjunctions of counting functions, which are general cases of parity and modulo functions, with equivalence and membership queries. We prove that, for any prime number p, the class of disjunctions of integer-weighted counting functions with modulus p over the domain Znq (or Zn) for any given integer q ≥ 2 is polynomial time learnable using at most n + 1 equivalence queries, where the hypotheses issued by the learner are disjunctions of at most n counting functions with weights from Zp. The result is obtained through learning linear systems over an arbitrary field. In general a counting function may have a composite modulus. We prove that, for any given integer q ≥ 2, over the domain Zn2, the class of read-once disjunctions of Boolean-weighted counting functions with modulus q is polynomial time learnable with only one equivalence query, and the class of disjunctions of log log n Boolean-weighted counting functions with modulus q is polynomial time learnable. Finally, we present an algorithm for learning graph-based counting functions.

Learning Unions of Rectangles with Queries

We investigate the efficient learnability of unions of k rectangles in the discrete plane (1,...,n)[2] with equivalence and membership queries. We exhibit a learning algorithm that learns any union of k rectangles with O(k^3log n) queries, while the time complexity of this algorithm is bounded by O(k^5log n). We design our learning algorithm by finding "corners" and "edges" for rectangles contained in the target concept and then constructing the target concept from those "corners" and "edges". Our result provides a first approach to on-line learning of nontrivial subclasses of unions of intersections of halfspaces with equivalence and membership queries.

Justifying jihad: US politics, propaganda and the Afghan mujahedeen

Hard-line anti-communists in the United States recognised the potential for the Soviet invasion of Afghanistan in 1979 to embroil their super-power rival in a ‘Vietnam-like quagmire.’ Their covert operation to arm the mujahedeen is well documented. This dissertation argues that propaganda and public diplomacy were powerful and essential instruments of this campaign. It examines the protagonists of this strategy, their policies, initiatives and programmes offering a comprehensive analysis heretofore absent. It stretches from the dying days of the Carter administration when Zbigniew Brzezinski saw the ‘opportunity’ presented by the invasion to the Soviet’s withdrawal in 1989. The aim of these information strategies was to damage Soviet credibility and enhance that of the US, considered under threat from growing ‘moral equivalence’ amongst international publics. The conflict could help the US regain strategic advantage in South Asia undermined by the ‘loss’ of Iran. The Reagan administration used it to justify the projection of US military might that it believed was eviscerated under Carter and emasculated by the lingering legacy of Vietnam. The research engages with source material from the Reagan Presidential Library, the United States Information Agency archives and the Library of Congress as well as a number of online archives. The material is multi-archival and multi-media including documentaries, booklets, press conferences, summit programmes and news-clips as well as national security policy documents and contemporaneous media commentary. It concludes that propaganda and public diplomacy were integral to the Reagan administration and other mujahedeen supporters’ determination to challenge the USSR. It finds that the conflict was used to justify military rearmament, further strategic aims and reassert US power. These Cold War machinations had a considerable impact on the course of the conflict and undermined efforts at resolution and reconciliation with profound implications for the future stability of Afghanistan and the world.

Ford, Carter and Cambodia: US foreign policy and the Khmer Rouge

This thesis is an investigation into the US response to the Khmer Rouge regime in Cambodia between 1974 and 1981. It argues that the US experience in the Vietnam War acted as a causal factor in the formulation of its Cambodian policy during the presidencies of Gerald Ford and Jimmy Carter. From taking power in April 1975 to their removal by the Vietnamese in January 1979, the Khmer Rouge initiated a revolution unrivalled in the 20th Century for its brutality and for the total eradication of modern society. This thesis demonstrates that the Ford administration viewed Cambodia only as it pertained to their strategy in Vietnam and, following US disengagement from Indochina all but ignored the atrocities occurring there as they instead pursued informal relations with the Khmer Rouge as a means of punishing the Vietnamese. The Carter administration formulated a foreign policy based on human rights yet failed to adequately address the genocide that occurred in Cambodia due to its temporal and regional proximity to Vietnam. Instead, this collective reluctance to reengage with the region and the resulting anti-Vietnamese attitude reinforced Brzezinski’s broader global strategy that allied the US with China in support of an independent Cambodia to further isolate Hanoi. Thus this thesis argues that the distorting impact of the Vietnam War, as well as global Cold War calculations, undermined any appreciation of the Cambodian conflict and caused both administrations to pursue policies in Cambodia that ultimately supported the Khmer Rouge regime. This project incorporates declassified material from the Ford and Carter Presidential Libraries, supplemented by the material from the National Archives and Library of Congress, and relevant newspapers and periodicals. It demonstrates that the limitations placed upon US foreign policy by their experience in the Vietnam War may be used to reveal unexplored elements in US-Cambodian relations.

Mobilizing Maryland: a look into the voting tendencies of students at the University of Maryland

Gemstone Team VOTE-CP (Voice of the Electorate - Collegiate Participation)

Memory and coping with stress: the relationship between cognitive-emotional distinctiveness, memory valence, and distress.

Cognitive-emotional distinctiveness (CED), the extent to which an individual separates emotions from an event in the cognitive representation of the event, was explored in four studies. CED was measured using a modified multidimensional scaling procedure. The first study found that lower levels of CED in memories of the September 11 terrorist attacks predicted greater frequency of intrusive thoughts about the attacks. The second study revealed that CED levels are higher in negative events, in comparison to positive events and that low CED levels in emotionally intense negative events are associated with a pattern of greater event-related distress. The third study replicated the findings from the previous study when examining CED levels in participants' memories of the 2004 Presidential election. The fourth study revealed that low CED in emotionally intense negative events is associated with worse mental health. We argue that CED is an adaptive and healthy coping feature of stressful memories.

Presbyterians and science in the north of Ireland before 1874

In his presidential address to the Belfast meeting of the British Association for the Advancement of Science in 1874, John Tyndall launched what David Livingstone has called a ‘frontal assault on teleology and Christian theism’. Using Tyndall's intervention as a starting point, this paper seeks to understand the attitudes of Presbyterians in the north of Ireland to science in the first three-quarters of the nineteenth century. The first section outlines some background, including the attitude of Presbyterians to science in the eighteenth century, the development of educational facilities in Ireland for the training of Presbyterian ministers, and the specific cultural and political circumstances in Ireland that influenced Presbyterian responses to science more generally. The next two sections examine two specific applications by Irish Presbyterians of the term ‘science’: first, the emergence of a distinctive Presbyterian theology of nature and the application of inductive scientific methodology to the study of theology, and second, the Presbyterian conviction that mind had ascendancy over matter which underpinned their commitment to the development of a science of the mind. The final two sections examine, in turn, the relationship between science and an eschatological reading of the signs of the times, and attitudes to Darwinian evolution in the fifteen years between the publication of The Origin of Species in 1859 and Tyndall's speech in 1874.

Language and Power: A Resource Book for Students

Language and Power offers a comprehensive survey of the ways in which language intersects and connects with the social, cultural and political aspects of power; provides a comprehensive introduction to the history of the field, and covers all the major approaches, theoretical concepts and methods of analysis in this important and developing area of academic study; covers all the 'traditional' topics, such as race, gender and institutional power, but also incorporates newer material from forensic discourse analysis, the discourse of new capitalism and the study of humour as power; includes readings from works by seminal figures in the field, such as Roger Fowler, Deborah Cameron and Teun van Dijk; uses real texts and examples throughout, including advertisements from cosmetics companies; newspaper articles and headlines; websites and internet media; and spoken dialogues such as a transcription from the Obama and McCain presidential debate; and is accompanied by a supporting website that aims to challenge students at a more advanced level and features a complete four-unit chapter which includes activities, a reading and suggestions for further work.

An Educational Initative in Anaesthetic Nursing Practice

The National Board for Nurses, Midwives and Health Visitors in Northern Ireland (NBNI) has adopted the principles of the UKCC's recommendations for specialist nursing practice and Incorporated these within their continuing education framework. Stage two of this framework decrees the standard required for specialist nursing practice (NBNI, 1995) and, as a result, a specialist anaesthetic nursing course has been instigated. The course extends over 44 weeks and includes 8 weeks of consolidation practice, comprising seven modules at degree and diploma level. The course gives the students an opportunity to deepen their knowledge, skills and attitudes in the field of anaesthetic nursing. Nurses were taught the necessary skills to work in collaboration with other professionals, patients and families in order to coordinate a patient-centred approach to perianaesthetic care. The role of the anaesthetic nurse specialist should be viewed as complementary to that of the anaesthetist. This course facilitates and encourages practitioners to move beyond registered practice on qualifying to a more specialized role where care is delivered in an innovative and creative manner.