Transmission Easement and Adverse Possession of Transmission Easement in the Polish Law

The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).

Young people with learning disabilities who sexually harm others: the role of criminal justice within a multi-agency response

This paper outlines the key findings from a recent study of statutory service responses to young people with learning disabilities who show sexually inappropriate or abusive behaviours, with a particular focus on the involvement of criminal justice agencies. The study found that although inappropriate sexual behaviours were commonplace in special schools, and that serious acts of abuse including rape had sometimes occurred, education, welfare and criminal justice agencies struggled to work together effectively. In particular, staff often had difficulty in determining the point at which a sexually inappropriate behaviour warranted intervention. This problem was frequently compounded by a lack of appropriate therapeutic services. In many cases this meant that no intervention was made until the young person committed a sexual offence and the victim reported this to the police. As a consequence, young people with learning disabilities are being registered as sex offenders. The paper concludes by addressing some of the policy and practice implications of the study’s findings, particularly those which relate to criminal justice.

The grey zone: the 'ordinary' violence of extraordinary times

The article analyses the 'ordinary' violence of revolutionary politics, particularly acts of gendered and sexual violence that tend to be neglected in the face of the 'extraordinariness' of political terror. Focusing on the extreme left Naxalbari movement of West Bengal, it points to those morally ambiguous 'grey zones' that confound the rigid distinctions between victim and victimizer in insurrectionary politics. Public and private recollections of sexual and gender-based injuries by women activists point to the complex intermeshing of different forms of violence (everyday, political, structural, symbolic) across 'safe' and 'unsafe' spaces, 'public' and 'private' worlds, and communities of trust and those of betrayal. In making sense of these memories and their largely secret or 'untellable' nature, the article places sexual violence on a continuum of multiple and interrelated forces that are both overt and symbolic, and include a society's ways of mourning some forms of violence and silencing others. The idea of a continuum explores the 'greyness' of violence as the very object of anthropological inquiry.

An evolutionary squeaky wheel optimisation approach to personnel scheduling

The quest for robust heuristics that are able to solve more than one problem is ongoing. In this paper, we present, discuss and analyse a technique called Evolutionary Squeaky Wheel Optimisation and apply it to two different personnel scheduling problems. Evolutionary Squeaky Wheel Optimisation improves the original Squeaky Wheel Optimisation’s effectiveness and execution speed by incorporating two additional steps (Selection and Mutation) for added evolution. In the Evolutionary Squeaky Wheel Optimisation, a cycle of Analysis-Selection-Mutation-Prioritization-Construction continues until stopping conditions are reached. The aim of the Analysis step is to identify below average solution components by calculating a fitness value for all components. The Selection step then chooses amongst these underperformers and discards some probabilistically based on fitness. The Mutation step further discards a few components at random. Solutions can become incomplete and thus repairs may be required. The repair is carried out by using the Prioritization step to first produce priorities that determine an order by which the following Construction step then schedules the remaining components. Therefore, improvements in the Evolutionary Squeaky Wheel Optimisation is achieved by selective solution disruption mixed with iterative improvement and constructive repair. Strong experimental results are reported on two different domains of personnel scheduling: bus and rail driver scheduling and hospital nurse scheduling.

Political Strategy, Leadership, and Policy Entrepreneurship in Japanese Defense Policy and Politics: A Comparison of Three Prime Ministerships

Since the end of the Cold War, Japan’s defense policy and politics has gone through significant changes. Throughout the post cold war period, US-Japan alliance managers, politicians with differing visions and preferences, scholars, think tanks, and the actions of foreign governments have all played significant roles in influencing these changes. Along with these actors, the Japanese prime minister has played an important, if sometimes subtle, role in the realm of defense policy and politics. Japanese prime ministers, though significantly weaker than many heads of state, nevertheless play an important role in policy by empowering different actors (bureaucratic actors, independent commissions, or civil actors), through personal diplomacy, through agenda-setting, and through symbolic acts of state. The power of the prime minister to influence policy processes, however, has frequently varied by prime minister. My dissertation investigates how different political strategies and entrepreneurial insights by the prime minister have influenced defense policy and politics since the end of the Cold War. In addition, it seeks to explain how the quality of political strategy and entrepreneurial insight employed by different prime ministers was important in the success of different approaches to defense. My dissertation employs a comparative case study approach to examine how different prime ministerial strategies have mattered in the realm of Japanese defense policy and politics. Three prime ministers have been chosen: Prime Minister Hashimoto Ryutaro (1996-1998); Prime Minister Koizumi Junichiro (2001-2006); and Prime Minister Hatoyama Yukio (2009-2010). These prime ministers have been chosen to provide maximum contrast on issues of policy preference, cabinet management, choice of partners, and overall strategy. As my dissertation finds, the quality of political strategy has been an important aspect of Japan’s defense transformation. Successful strategies have frequently used the knowledge and accumulated personal networks of bureaucrats, supplemented bureaucratic initiatives with top-down personal diplomacy, and used a revitalized US-Japan strategic relationship as a political resource for a stronger prime ministership. Though alternative approaches, such as those that have looked to displace the influence of bureaucrats and the US in defense policy, have been less successful, this dissertation also finds theoretical evidence that alternatives may exist.

Failing to meet expectations:the meaning of intimate partner violence for Pakistanis

Background: Intimate Partner Violence (IPV) is a major social and public health problem affecting people across cultures, religions and societies. Much research has been undertaken to offer understanding and explanations of this phenomenon, its determinants, and its consequences in developed countries around the world. However, there is still a paucity of research on IPV in many areas of the developing world such as Pakistan. Although various studies have been conducted to demonstrate the prevalence of IPV in the country, none of the studies have tried to explore the meaning of IPV from the perspective of Pakistani people. Aim: This study aimed to explore understandings of Pakistani men and women of IPV. It aimed to develop a theory to explain the meaning of IPV and the process through which it occurs, from the perspective of Pakistani people. Methods: The study utilised a qualitative approach with constructivist grounded theory methods and analysis techniques. Data was collected from Karachi, Pakistan and Sheffield, UK. Forty one people (20 from Pakistan and 21 from UK) participated in the study. Findings: The participants identified IPV as a serious concern. Although verbal abuse is often included in definitions of IPV, the participants did not consider shouting, raising the voice or scolding as a type of violence. Hitting, beating, pushing, throwing objects, and pulling hair were identified as acts of physical violence, and non-consensual sex was identified as a form of sexual abuse. Participants identified failure to meet role expectations of a husband or wife as a key contributor to the development of conflict between partners which could lead to IPV. Examples of various expectations from a wife include completing household chores, looking after husband, looking after children, looking after in laws, respecting and adjusting to in-law's customs and traditions. Important expectation from a husband include provision of finances, acting as a bridge, maintaining a balance between his wife and other family members particularly his mother and sisters, and taking the responsibility for his wife and children. Failure to meet these expectations could contribute to conflict and subsequent violence. This appeared to be shaped by cultural issues such as common use of arranged marriages, the rarity of divorce and the centrality of the extended family to the intimate partnership. Implications: Any interventions aimed at reducing IPV in Pakistani people must consider the meaning and causes of IPV from the perspective of that group.

Fifth Annual Report OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE ADVISORY BOARD AND Audit Report OF THE SANTEE-COOPER PROJECT July 1, 1939-June 30, 1940

The South Carolina Public Service Authority makes annual reports to the Advisory Board, reports are submitted to the General Assembly by the Governor, in which full information as to all of the Acts of said Board of Directors shall be given, together with financial statement and full information as to the work of the Authority.

Eighth Annual Report OF THE Board of Directors of the South Carolina Public Service Authority TO THE Advisory Board AND AUDIT REPORT OF THE Santee-Cooper project JULY 1, 1942-JUNE 30, 1943

The South Carolina Public Service Authority makes annual reports to the Advisory Board, which reports shall be submitted to the General Assembly by the Governor, in which full information as to all of the Acts of said Board of Directors shall be given, together with financial statement and full information as to the work of the Authority.

Traumas de coluna ocasionados por acidentes de transporte

Acidentes e violências são responsáveis por elevadas taxas de mortalidade e morbidade causadas pelas lesões deles decorrentes. Entre essas lesões, os traumas da coluna vertebral e, especificamente, aqueles com comprometimento da medula espinal apresentam-se como relevantes. Os acidentes de transporte em geral e os de trânsito, em especial, constituem-se, também, hoje, em um grave problema de Saúde Pública. Dados epidemiológicos sobre tais acidentes são fundamentais para que sejam feitos programas de prevenção, com a atuação de profissionais da saúde e da educação, em relação ao cumprimento de leis e normas. No caso de traumas de coluna ocasionados por acidentes de transporte, percebe-se um número elevado e preocupante. Do total de internações por traumas de coluna, 22,7 por cento no ano de 2005, foram decorrentes de acidentes de transporte. Destes, cerca de 29 por cento eram pedestres, 23 por cento ocupantes, 20 por cento não-especificados e 19,9 por cento motociclistas, quando classificados de acordo com a qualidade da vítima. É importante ressaltar que os pacientes internados por essas causas têm mortalidade hospitalar elevada e o número estimado de seqüelas é considerável

Rubus rosaefolius Extract as a Natural Preservative Candidate in Topical Formulations

Even though the synthetic preservatives may offer a high antimicrobial efficacy, they are commonly related to adverse reactions and regarded as having potentially harmful effects caused by chronic consumption. The development of natural preservatives provides a way of reducing the amount of synthetic preservatives normally used in pharmaceutical and cosmetic preparations. In addition, these agents have less toxic effects and represent a possible natural and safer alternative of the preservatives. The purpose of this research was to evaluate the Rubus rosaefolius Smith extract efficiency as a natural preservative in base formulations. Of the extract, 0.2% (w/w) was assayed for its effectiveness of antimicrobial protection in two different base formulations (emulsion and gel). The microbial challenge test was performed following the standard procedures proposed by The United States Pharmacopoeia 33nd, European Pharmacopoeia 6th, Japanese Pharmacopoeia 15th, and the Cosmetics, Toiletries, and Fragrance Association using standardized microorganisms. The results demonstrated that R. rosaefolius extract at the studied concentration reduced the bacterial inocula, satisfying the criterion in all formulations, even though it was not able to present an effective preservative behavior against fungi. Thus, the investigation of new natural substances with preservative properties that could be applied in pharmaceutical and cosmetic products is relevant due to the possibility of substituting or decreasing the concentration of synthetic preservatives, providing a way for the development of safer formulas for the use of consumers.

Language, discourse and politics

After discussing the meaning of the word politics, this paper shows that there are four possible approaches to the issue of the relationships between language, discourse and politics: a) the intrinsic political nature of language; b) the relations of power between discourses and their political dimension; c) the relations of power between languages and the political dimension of their usage and; d) linguistic policies. This paper addresses only the first two of these items. Languages have an intrinsically political nature because they subject their speakers to their order. The acts of silencing operationalized in discourse manifest a relation of power. The spread of discourses in the social space is also subject to the order of power. The use of language may be the space of pertinence, but is also that of exclusion, separation and even the elimination of the other. Therefore, language is not a neutral communication tool, but it is permeated by politics, by power. Because of the dislocations that it produces, literature is a form of swindling language, unveiling the powers that are imprinted on it.

Achieving effective supervision

Super vision probably does have benefits both for the maintenance and improvement of clinical skills and for job satisfaction, but the data are very thin and almost non-existent in the area of alcohol and other drugs services. Because of the potential complexity of objectives and roles in super vision, a structured agreement appears to be an important part of the effective supervision relationship. Because sessions can degenerate easily into unstructured socialization, agendas and session objectives may also be important. While a working alliance based on mutual respect and trust is an essential base for the supervision relationship, procedures for direct observation of clinical skills, demonstration of new procedures and skills practice with detailed feedback appear critical to super vision's impact on practice. To ensure effective super vision, there needs not only to be a minimum of personnel and resources, but also a compatibility with the values and procedures of management and staff, access to supervision training and consultation and sufficient incentives to ensure it continues.

Currículo e atendimento educacional especializado na educação infantil : possibilidades e desafios à inclusão escolar

Esta pesquisa teve como objetivo geral compreender a proposta/ prática curricular do Atendimento Educacional Especializado (AEE) na Sala de Recursos Multifuncionais (SRM) enquanto função complementar na educação da criança pequena com deficiência e Transtornos Globais do Desenvolvimento (TGD). Partimos das constatações de que, nas duas últimas décadas, documentos oficiais, assim como pesquisas na área, apontam a necessidade de um trabalho pedagógico inclusivo, que atenda às demandas e características dos diferentes sujeitos matriculados. Questionamos se a proposta e prática curricular complementar do AEE, por meio da SRM, têm contribuído para a inclusão da criança pequena, público alvo da educação especial, nas práticas pedagógicas da sala de aula comum? Teoricamente buscamos as contribuições da Abordagem Histórico-Cultural para compreender o desenvolvimento e aprendizagem da criança com deficiência, assim como procuramos a interlocução com os teóricos do currículo, entre os quais Sacristán. Como metodologia, utilizamos a pesquisa-ação colaborativo-crítico. O lócus da pesquisa foi um Centro de Educação Infantil, situado em Vitória/ES, com uma sala de recurso multifuncional, modelo proposto pelo Ministério da Educação (MEC). Os sujeitos participantes foram crianças de 3 a 7 anos matriculadas no Centro Municipal de Educação Infantil (CMEI) e encaminhadas para o AEE, na SRM (seis crianças surdas, sete crianças com manifestações de TGD e uma criança com Síndrome de Down); dois professores de educação especial da SRM (uma professora da área da área de Deficiência Intelectual (DI), uma professora bilíngue e um instrutor surdo); professores regentes do turno da manhã CMEI e dois pedagogos. Como perspectiva teórico-metodológica, optamos pela rede significações (Rossetti-Ferreira, 2004) que tem seus pressupostos fundamentados na teoria histórico-cultural, que compreende os processos de desenvolvimento humano como atos de significação constituídos por múltiplas interações estabelecidas social e culturalmente pelos sujeitos durante toda a vida. A organização e análise dos dados ocorreram por meio dos movimentos, cenários e atores; as práticas curriculares inclusivas na/da escola: a SRM e a sala de aula comum em seus encontros e desencontros; a preocupação com o desenvolvimento psicomotor da criança; o brincar versus a aquisição da leitura e escrita; o diálogo entre o currículo da SRM e a sala de aula comum e os encontros colaborativos com os professores de educação especial, com as pedagogas e com as professoras regentes do CMEI. Algumas considerações importantes se destacam, entre as quais: a falta de formação e desconhecimento por parte dos professores de educação especial sobre a proposta curricular da educação infantil e práticas pedagógicas descontextualizadas e fragmentadas desenvolvidas na SRM, que dificultam a ação complementar ao trabalho da classe comum. Para as professoras das salas de atividades o AEE é viável na escola de educação infantil, mas não somente na SRM, concordam que deve haver o atendimento educacional especializado no turno em que a criança esteja matriculada; que ele pode ajudar na inclusão da criança público alvo da educação especial, por meio de práticas sociais e culturais lúdicas, linguísticas e intelectuais. Concluímos que as professoras desejam um AEE dinâmico, interlocutor, que se movimente na escola como um todo.

Automação e controlo de um sistema de armazenamento de bicicletas

A crescente procura da bicicleta como meio de transporte alternativo torna relevante a criação e desenvolvimento de infra-estruturas de apoio, tais como ciclovias e parques para bicicletas. Os sistemas tradicionais de parqueamento de bicicletas com recurso a correntes e cadeados não fornecem segurança nem comodidade. No entanto, começam a surgir, em várias cidades do mundo, parque automáticos onde é possível guardar uma bicicleta em segurança, protegendo-a quer das intempéries quer de actos de vandalismo. Este trabalho apresenta uma proposta para um parque automático de armazenamento de bicicletas, com recurso a caixas individualizadas que garantem a sua segurança, e também de outros bens que podem ser guardados junto da mesma, como por exemplo um capacete ou uma mochila. O sistema proposto no âmbito deste trabalho é um complemento às alternativas existentes. As vantagens apresentadas pelo sistema proposto são: a sua construção modular e personalizada; e a possibilidade de instalação num terreno plano, sem recurso a obras de construção civil. O objectivo foi criar um projecto de automação e controlo de um protótipo, com base na proposta apresentada. O projecto de automação e controlo engloba a escolha dos sensores e dos actuadores. Para o dimensionamento dos motores foi necessário recorrer a um cálculo simplificado da estrutura do robô manipulador. Foi feita a escolha dos sensores, actuadores e do controlador com base nos requisitos funcionais. A programação foi desenvolvida numa linguagem normalizada. O modelo desenvolvido poderá servir de base para um projecto multidisciplinar entre vários departamentos do Instituto e dessa cooperação poderá surgir um novo projecto optimizado para produção e de menor custo.