The democracy of the Constitution, and other addresses and essays,

The Public opinion bill.--The Constitution and its makers.--The compulsory initiative and referendum, and the recall of judges.--The Constitution and the Bill of rights.--The democracy of Abraham Lincoln.--John C. Calhoun.--Thomas Brackett Reed.--An American myth.--As to anthologies.--The origin of certain Americanisms.--Diversions of a convalescent.

Acts of the General Assembly of Virginia, passed in 1852, in the seventy-sixth year of the Commonwealth.

General acts.--Acts of a private or local nature.--Resolutions.--Virginia bill of rights.--Constitution of Virginia.--Schedule [for putting the constitution into use]--Table showing the times for the commencement of the regular terms of each circuit, county and corporation court.--Table showing the terms of the district courts and places for holding the same.--Separate election precincts.--A list of Commissioners [of Deeds] in other states and in the District of Columbia, appointed by the executive of Virginia, and appearing to be in office on the 10th day of February 1852, with the residence and date of appointment of each Commissioner.

Acts of the General Assembly of the State of Virginia, passed in 1866-67, in the ninety-first year of the Commonwealth.

Index for the Acts of 1865-66, 1866-67, and of the Extra session, 1867, at end of volume, with title: General index. Sessions 1865-6 and 1866-7.

Better Bell-inequality violation by collective measurements

The standard Bell-inequality experiments test for violation of local realism by repeatedly making local measurements on individual copies of an entangled quantum state. Here we investigate the possibility of increasing the violation of a Bell inequality by making collective measurements. We show that the nonlocality of bipartite pure entangled states, quantified by their maximal violation of the Bell-Clauser-Horne inequality, can always be enhanced by collective measurements, even without communication between the parties. For mixed states we also show that collective measurements can increase the violation of Bell inequalities, although numerical evidence suggests that the phenomenon is not common as it is for pure states.

The vacuous concept of dignity

Rights talk dominates contemporary moral discourse. It is also having a growing impact on the development of legal principle and doctrine. One of the best known general arguments in support of rights-based moral theories is the one given by John Rawls, who claims that only rights-based theories take seriously the distinction between human beings; only they can be counted on to protect certain rights and interests that are so paramount that they are beyond the demands of net happiness (Rawls 1971). Charges and assertions of this nature have been extremely influential. After the Second World War, there was an immense increase in rights talk, both in the sheer volume of that talk and in the number of supposed rights being claimed. Rights doctrine has progressed a long way since its original modest aim of providing “a legitimization of … claims against tyrannical or exploiting regimes” (Benn 1978: 61). As Tom Campbell points out: The human rights movement is based on the need for a counter-ideology to combat the abuses and misuses of political authority by those who invoke, as a justification for their activities, the need to subordinate the particular interests of individuals to the general good (Campbell 1996: 13).

Group membership, power and social rules: A study of doctor-nurse relationship

The purposes of this research are: (1) to compare the similarides and differences in intra-group and inter-group social rules of hospital doctors and nurses; (2) to compare rule following, rule breaking & tolerance of rule breaking of doctors and nurses with respect to different work reladonships. Professional discipline and idendficadon, ingroup-outgroup membership and reladve status were used as predictors. In-depth interview of 20 doctors and 20 nurses were conducted to elicit social rules and goals. In the second study, 30 rules and 10 goals with high consensus were selected from study one and developed into a quesdonnaire which measured their applicadon to four different work reladonships, namely, padents, peers, seniors and doctors/nurses. Forty-three doctors and one hundred and seven nurses completed this questionnaire. In the third study, the frequency and goals of violation and tolerance of violation of five different social rules were measured. One hundred and thirty-six doctors and one hundred and sixty-six nurses completed the questionnaire.

Verification and Application of Conceptual Model and Security Requirements on Practical DRM Systems in E-Learning

The paper represents a verification of a previously developed conceptual model of security related processes in DRM implementation. The applicability of established security requirements in practice is checked as well by comparing these requirements to four real DRM implementations (Microsoft Media DRM, Apple's iTunes, SunnComm Technologies’s MediaMax DRM and First4Internet’s XCP DRM). The exploited weaknesses of these systems resulting from the violation of specific security requirements are explained and the possibilities to avoid the attacks by implementing the requirements in designing step are discussed.

Translating international norms: Filters to women's rights in Lebanon

In 1979 the United Nations passed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), an international bill of rights for women. Much scholarship has focused on the degree to which states have adopted these new international gender norms, but have paid little attention to the fact that norms change in the processes of implementation. This dissertation focuses on that process assessing the translation of international gender equality norm in Lebanon.^ The study traces global gender equality norms as they are translated into a complex context characterized by a political structure that divides powers according to confessional groups, a social structure that empowers men as heads of families, and a geopolitical structure that opposes a secular West to the Muslim East. Through a comparison of three campaigns – the campaign to combat violence against women, the campaign to change personal status codes, and the campaign to give women equal rights to pass on their nationality – the study traces different ways in which norms are translated as activists negotiate the structures that make up the Lebanese context. Through ethnographic research, the process of norm translation was found to produce various filters, i.e., constellations of arguments put forward by activists as they seek to match international norms to the local context. The dissertation identifies six such filters and finds that these filters often have created faithless translations of international norms.^

Cartografia do trabalho de agentes penitenciários: reflexão sobre o “dispositivo prisão”

The Brazilian prison system is going through a serious crisis, not only due to the growth in the number of prisoners and the consequent overcrowding of prisons, but also for the violation of human rights, institutionalization and difficulty in social rehabilitation of inmates. Furthermore, the harmful effects of the prison system affect their workers, who generally are not prioritized by researchers, health programs and government policies. The literature pointing to some consequences of work in prison, among them, the mental illness, stress, alcohol abuse, etc., but little is known about this profession, their problems, the difficulties of their work routine, so as subjective processes involved. So, what are the effects of this work in the prison in the lives of correctional officers? What strategies developed to address the work in prison? This research aims to analyze the effects of this work in the prison in the lives of correctional officers from the state prison in Parnamirim, located in the metropolitan region of Natal-RN. Within the theoretical and methodological perspective of institutional analysis and cartography were carried conversation circles, interviews, in addition to participant observation of the correctional officers work’s routine. The results point to a working routine marked by the performance of procedures that involve risk to the worker, generating situations of tension and stress. Besides, the culture of violence (which is implemented in jail everyday) as well as the training and initial learning of the profession, are responsible for the militarization process of the subjectivities of the correctional officers, producing hard subject, disciplined, stiff, likely to violent practices and other rights violations. Other mapped effects relate to the acquisition of knowledge about the human (“psy” knowledge) responsible for forging the conception of the criminal as "dangerous subject", which, in turn, acts as subjectivity vector in the daily life of prison guards by setting up a way of life crossed by fear and insecurity outside the work environment. Produces a control in the open about their lives and their families, limiting them with regard to family and community life and the realization of leisure activities in public spaces. In this sense, it appears that the arrest acts producing “bad meetings” (from Espinosa's perspective), once it produces sad affections responsible for weakening the conatus, limiting the possibilities of action of these subjects. Although agents develop some strategies to deal with the difficulties of working in prison (among which stand out the development of other professional or leisure activities, spirituality / religiosity and the ability to separate the labor moments from those of their the personal lives, is advocated that such strategies do not offer significant resistance, since they do not question the contemporary legal-criminal logic. The thesis presented supports the proposals of penal abolitionism to present other conceptions of crime and justice through the invention of other practical and conceptual strategies.

Direitos fundamentais sociais no Brasil: desafios e mecanismos para sua concretização

The work referred to above, in order to contribute to the legal issues, economic, political and social of the violation of social rights, performs even firmer approach to various implementation mechanisms of social rights in Brazil. Therefore, it begins the study dealing with aspects and important characters of the rights under discussion, as its normative forecast, concept, classifications; respect of social rights with the existential minimum; the principle of reservation of the possible and the need to use this principle as optimization commandment of state resources and the deficit of the realization of social rights in the country. This, in later chapters, in an interdisciplinary approach, challenges and proposals for the realization of social rights by bringing in each chapter, mechanisms for such implementation. That way, as a general objective, it has been to contribute to the discussed problems, when present proposals for the realization of social rights in the Brazilian context. As specific objectives, as well as record the key aspects of the rights in allusion, the one has to promote the perspective of economic development and taxation as posts instruments that the State must be focused on the promotion of social rights by registering in this context that nonexistent economic development without reducing poverty, misery and social inequality and adding that there should be a directly proportional relationship between the tax burden in the country and the human and social development index; analyze the achievement of budget control as essential and healthy measure for the realization of social rights; highlight the importance of society to the achievement of unavailable social interests, affirming the need for the implementation of participatory democracy and, in this line, brings knowledge of the Constitution and the constitutional sense as elements that provide the constitutional progress. Finally, it presents a study on public policies, considering that these are equivalent to the primary means of the promotion of social rights. That way it analyzes the stages that integrate public policies, ranging from the perception of social problems for evaluation and control of the policies implemented; debate about the administrative discretion in when it comes to public policies; brings the classification of essential public policies, the relationship of these with the existential minimum, control parameters and, finally, the legalization of public policy, regarded as legitimate to remedy the unconstitutional state failure and give normative effectiveness and strength to the defining constitutional rules for fundamental social rights. It uses to achieve the objectives outlined, the bibliographic and normative approach method and performs an analysis of jurisprudence related understandings to matter. In the conclusions, it rescues the most important aspects elucidated at work, with the aim of giving emphasis to the proposals and mechanisms that contribute to the solution of the discussed problems.

As múltiplas dimensões da garantia dos direitos do paciente idoso internado: o caso de uma instituição hospitalar pública no município de Natal/RN

In the context of current capitalist society, marked by the logic that restricts the human person their status as workforce, in order to generate profits, old age is often treated as an underprivileged life stage. This reality becomes more intense considering the sharp aging process that affects brazilian society is accompanied by the country's entry into a globalized world and tensioned by the dictates of capital. Thus, despite the increasing development of policies to strengthen the guarantee of elderly rights, it is necessary to establish effective strategies of these measures to ensure a higher quality of life to these subjects. Therefore, it is necessary to develop studies that problematize the issue of the elderly, which represent a growing portion of the population, and hence have more visible demands, including in health. With the increase in the elderly population in Brazil it is possible to realize the country is going through a demographic transition and epidemiological changes that contribute to change the landscape of health care of the elderly, especially the hospitalization. Thus, this study aimed to analyze the multiple aspects of ensuring the rights of elderly patients admitted to the State Hospital Dr. Ruy Pereira dos Santos (HRPS), located in Natal / RN, whose most patients are elderly. Specifically sought to understand the aging process, its social consequences and the vulnerability to which it is exposed, especially during the disease situation; understand the process of construction of the Brazilian public health and their actions for older people; learn the expressions of citizenship formation in Brazil with regard to policies for older people; and investigate the design of health professionals about the guarantee of the right of hospitalized elderly. Starting from an integrated coordinated theoretical and practical possibilities, a qualitative research and literature character, documentary and field was held. For this, there were four semi-structured interviews with health research locus Hospital professionals - namely, two social workers, a doctor and a nurse - as well as life stories with the hospitalized elderly patients, one in each deck the said Hospital, totaling three. The results pointed to the difficulty of health policy become effective as law and stressed one historical scenario violation of the rights of elderly hospitalized patients, which persists due to the precarious situation and the difficulty of effective implementation of the Unified Health System (SUS ) and other public policies to that end.

Synthesis and Properties of a Series of 1,1,n,n-Tetramethyl[n](2,11)teropyrenophanes

The work described in this thesis revolves around the 1,1,n,ntetramethyl[n](2,11)teropyrenophanes, which are a series of [n]cyclophanes with a severely bent, board-shaped polynuclear aromatic hydrocarbons (PAH). The thesis is divided into seven Chapters. The first Chapter conatins an overview of the seminal work on [n]cyclophanes of the first two members of the “capped rylene” series of PAHs: benzene and pyrene. Three different general strategies for the synthesis of [n]cyclophanes are discussed and this leads in to a discussion of some slected syntheses of [n]paracyclopahnes and [n](2,7)pyrenophanes. The chemical, structural, spectroscopic and photophysical properties of these benzene and pyrene-derived cyclophanes are discussed with emphasis on the changes that occur with changes in the structure of the aromatic system. Chapter 1 concludes with a brief introduction to [n]cyclophanes of the fourth member of the capped rylene series of PAHs: teropyrene. The focus of the work described in Chapter 2 is the synthesis of of 1,1,n,ntetramethyl[n](2,11)teropyrenophane (n = 6 and 7) using a double-McMurry strategy. While the synthesis 1,1,7,7-tetramethyl[7](2,11)teropyrenophane was successful, the synthesis of the lower homologue 1,1,6,6-tetramethyl[6](2,11)teropyrenophane was not. The conformational behaviour of [n.2]pyrenophanes was also studied by 1H NMR spectroscopy and this provided a conformation-based rationale for the failure of the synthesis of 1,1,6,6-tetramethyl[6](2,11)teropyrenophane. Chapter 3 contains details of the synthesis of 1,1,n,n-tetramethyl[n](2,11)teropyrenophanes (n = 7-9) using a Wurtz / McMurry strategy, which proved to be more general than the double McMurry strategy. The three teropyrenophanes were obtained in ca. 10 milligram quantities. Trends in the spectroscopic properties that accompany changes in the structure of the teropyrene system are discussed. A violation of Kasha’s rule was observed when the teropyrenophanes were irradiated at 260 nm. The work described in the fourth Chapter concentrates on the development of gram-scale syntheses of 1,1,n,n-tetramethyl[n](2,11)teropyrenophanes (n = 7–10) using the Wurtz / McMurry strategy. Several major modifications to the orginal synthetic pathway had to be made to enable the first several steps to be performed comfortably on tens of grams of material. Solubility problems severely limited the amount of material that could be produced at a late stage of the synthetic pathways leading to the evennumbered members of the series (n = 8, 10). Ultimately, only 1,1,9,9- tetramethyl[9](2,11)teropyrenophane was synthesized on a multi-gram scale. In the final step in the synthesis, a valence isomerization / dehydrogenation (VID) reaction, the teropyrenophane was observed to become unstable under the conditions of its formation at n = 8. The synthesis of 1,1,10,10-tetramethyl[10](2,11)teropyrenophane was achieved for the first time, but only on a few hundred milligram scale. In Chapter 5, the results of an investigation of the electrophilic aromatic bromination of the 1,1,n,n-tetramethyl[n](2,11)teropyrenophanes (n = 7–10) are presented. Being the most abundant cyclophane, most of the work was performed on 1,1,9,9-tetramethyl[9](2,11)teropyrenophane. Reaction of this compound with varying amounts of of bromine revealed that bromination occurs most rapidly at the symmetryrelated 4, 9, 13 and 18 positions (teropyrene numbering) and that the 4,9,13,18- tetrabromide could be formed exclusively. Subsequent bromination occurs selectively on the symmetry-related 6, 7, 15 and 16 positions (teropyrene numbering), but considerably more slowly. Only mixtures of penta-, hexa-, hepta and octabromides could be formed. Bromination reactions of the higher and lower homologues (n = 7, 8 and 10) revealed that the reactivity of the teropyrene system increased with the degree of bend. Crystal structures of some tetra-, hexa-, hepta- and octa-brominated products were obtained. The goal of the work described in Chapter 6 is to use 1,1,9,9- tetramethyl[9](2,11)teropyrenophane as a starting material for the synthesis of warped nanographenophanes. A bromination, Suzuki-Miyaura, cyclodehydrogenation sequence was unsuccessful, as was a C–H arylation / cyclodehydrogenation approach. Itami’s recently-developed K-region-selective annulative -extension (APEX) reaction proved to be successful, affording a giant [n]cyclophane with a C84 PAH. Attempted bay-region Diels-Alder reactions and some cursory host-guest chemistry of teropyrenophanes are also discussed. In Chapter 7 a synthetic approach toward a planar model compound, 2,11-di-tbutylteropyrene, is described. The synthesis could not be completed owing to solubility problems at the end of the synthetic pathway.

Learning from Incredible Commitments: Evolution and Impact of Bilateral Investment Treaties

Ostensibly, BITs are the ideal international treaty. First, until just recently, they almost uniformly came with explicit dispute resolution mechanisms through which countries could face real costs for violation (Montt 2009). Second, the signing, ratification, and violation of them are easily accessible public knowledge. Thus countries presumably would face reputational costs for violating these agreements. Yet, these compliance devices have not dissuaded states from violating these agreements. Even more interestingly, in recent years, both developed and developing countries have moved towards modifying the investor-friendly provisions of these agreements. These deviations from the expectations of the credible commitment argument raise important questions about the field's assumptions regarding the ability of international treaties with commitment devices to effectively constrain state behavior.

The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.