Constructivism, constitutionalism and the EU's area of freedom security and justice post-Lisbon

This essay addresses the fundamental conceptual challenges which face the development of the Area of Freedom Security and Justice (AFSJ) in the post-Lisbon Treaty era. It argues that Onuf style constructivism is a valid lens with which to examine the development of the AFSJ to date, involving as it does the development of a shared understanding by practitioners, predominantly law enforcement and prosecution professionals, within the structures provided for them, in order to develop a completely new area of law and practice. While this approach will continue to need to be deployed in the development of further new operational areas, such as cybercrime, a new approach is now required, that of constitutionalism. A variety of forms of constitutionalism are then examined in order to establish their suitability as a mode of analysis for these developments.

Productivity factors and fish production and their fisheries management concerns

The fundamental purpose of fisheries management is to ensure sustainable production over time from fish stocks, preferably through regulatory and enhancement actions that promote economic and social well being of the fishers and industries that depend on the resource. To achieve this purpose, management authorities must design, justify and administer (enforce) a collection of restraints on fishing and fishery-related activities. Productivity and management of the fisheries should be based on the understanding that they are complex and dynamic systems. Physical, chemical and biological components support a community of organisms that is unique to the these systems. All these components are in constant change but mainly dictated by human interference in the water body ecosystem.

The leaderless resistance: George Lincoln Rockwell and the White Separatist Movement

The scope of the thesis encapsulates the wider post-war White Separatist Movement from the origins of American Nazism under George Lincoln Rockwell to the later developments of leaderless resistance and the political and cultural changes to the movement. The specific focus will be upon the relationship between George Lincoln Rockwell and the leaderless resistance concepts, in particular through its development and utilisation. Due to the complexity of the issues and the variety of influencing factors it is necessary in the first instance to assess it in terms of a historiography to allow themes to develop. As a result of this historical analysis themes have become evident to allow a conceptual analysis. In particular the thesis will utilise the following thematic contexts for assessing the various developments within White Separatism: including, state building; political marketing; the role of the media; and the propensity for terror and hate activities. In assessing the basis upon which the conceptual analysis is developed the research has utilised extensive use of texts, radio broadcasts, and pamphlets from the movement. The study has also been able to consider, government reports, law enforcement updates and communications from Civil Rights groups and other agencies. In the conceptual analysis of this information and themes, the thesis utilises new concepts as a means of creating an understanding of a rapidly changing area of politics; including ‘organic politic’ and ‘political firms’, when assessing political marketing trends; and assessing terrorist motivation.

From the human rights-based approach to an ecological approach on how to achieve successful inclusion in international disability education

The barriers that people with disabilities face around the world are not only inherent to the limitations resulting from the disability itself, but, more importantly, these barriers rest with the societal technologies of exclusion. Using a mixed methodology approach, I conduct a quest to revealing several societal factors that limit full participation of people with disabilities in their communities, which will contribute to understanding and developing a more comprehensive framework for full inclusion of people with disabilities into the society. First, I conduct a multiple regression analysis to seek whether there is a statistical relationship between the national level of development, the level of democratization, and the level of education within a country’s population on one hand, and expressed concern for and preparedness to improve the quality of life for people of disabilities on another hand. The results from the quantitative methodology reveal that people without disabilities are more prepared to take care of people with disabilities when the level of development of the country is higher, when the people have more freedom of expression and hold the government accountable for its actions, and when the level of corruption is under control. However, a greater concern for the well-being of people with disabilities is correlated with a high level of country development, a decreased value of political stability and absence of violence, a decreased level of government effectiveness, and a greater level of law enforcement. None of the dependent variables are significantly correlated with the level of education from a given country. Then, I delve into an interpretive analysis to understand multiple factors that contribute to the construction of attitudes and practices towards people with disabilities. In doing this, I build upon the four main principles outlined by the United Nations as strongly recommended to be embedded in all international programmes: (1) identification of claims of human rights and the corresponding obligations of governments, hence, I assess and analyze disability rights in education, looking at United Nation, United States, and European Union Perspectives Educational Rights Provisions for People with Disabilities (Ch. 3); (2) estimated capacity of individuals to claim their rights and of governments to fulfill their obligations, hence, I look at the people with disabilities as rights-holders and duty-bearers and discuss the importance of investing in special capital in the context of global development (Ch. 4); (3) programmes monitor and evaluate the outcomes and the processes under the auspices of human rights standards, hence, I look at the importance of evaluating the UN World Programme of Action Concerning People with Disabilities from multiple perspectives, as an example of why and how to monitor and evaluate educational human rights outcomes and processes (Ch. 5); and (4) programming should reflect the recommendations of international human rights bodies and mechanisms, hence, I focus on programming that fosters development of the capacity of people with disabilities, that is, planning for an ecology of disabilities and ecoducation for people with disabilities (Ch. 6). Results from both methodologies converge to a certain point, and they further complement each other. One common result for the two methodologies employed is that disability is an evolving concept when viewed in a broader context, which integrates the four spaces that the ecological framework incorporates. Another common result is that factors such as economic, social, legal, political, and natural resources and contexts contribute to the health, education and employment opportunities, and to the overall well-being of people with disabilities. The ecological framework sees all these factors from a meta-systemic perspective, where bi-directional interactions are expected and desired, and also from a human rights point of view, where the inherent value of people is upheld at its highest standard.

Socio-economic profile of the Philippine National Aquasilviculture Program (PNAP) beneficiaries in Jiabong, Samar, Philippines

A total of 37 beneficiaries under the Philippine National Aquasilviculture Program (PNAP) was interviewed using the structured survey questionnaire of Socioeconomic Monitoring Guidelines for Coastal Managers in Southeast Asia (SocMon SEA). Most of the members of the households are young and in-school. Household heads’ primary occupation is fishing, a shift from mussel farming- the town’s major industry in the past decades. Perceived threat by the beneficiaries is related to the environment specifically typhoon and the problems on waste disposal. It also identified law enforcement as weak leading to dwindling fish catch, mass mortality of mussel, red tide and other problems affecting their primary sources of income. However, they could not relate these phenomena to the most likely causes. The current occupation does not provide sufficient income for the family as they seek for alternative jobs. Garbage and poor implementation of laws are among the identified problems of the beneficiaries.

Veto of R268, H.4762

This veto message from Governor Nikki Haley vetoes a bill that allows county and local governments to increase taxes above existing statutory millage caps if it contains a significant amount of federally-owned forestland.

Veto of R208, H.5011

This veto message from Governor Nikki Haley vetoes a bill that would allow local governments to increase taxes on citizens without a public vote.

Veto of R287, H.5270

This veto message from Governor Nikki Haley vetoes a bill that would allow the state to collect dues for the Society of Former Agents of the State Law Enforcement Division because the government should not serve as a dues collector for private organizations.

A house, not a home? Examining the use of the private rented sector to resolve homelessness in Scotland

Changes to homelessness legislation in post-devolution Scotland have resulted in an expansion of rights for homeless households seeking formal assistance from local authorities. These changes have led to Scotland’s homelessness arrangements being considered among the most progressive in Europe. In recent years, however, the Scottish Government has increasingly promoted homelessness prevention and Housing Options approaches as a means by which homelessness might be avoided or resolved without recourse to statutory rights. As part of that, they have promoted greater use of the private rented sector (PRS) as a key housing option, with the potential to meet the needs of homeless households. The arguments made to support use of the PRS have much in common with arguments for privatisation in other areas of social policy, notably greater choice for the individual promoting better welfare outcomes, and competition among providers encouraging improvements in quality of service provision. Critics have argued that such benefits may not be realised and that, on the contrary, privatisation may lead to exclusion or act to worsen households’ outcomes. This thesis considers the extent to which the PRS has been utilised in Scotland to accommodate homeless households, and the consequences of this for their welfare. The thesis uses a combination of quantitative and qualitative methods. To examine trends in the use of the PRS, it presents quantitative analysis of the data on the operation of the statutory system and Housing Options arrangements, and of data from a survey of local authority homelessness strategy officers. To examine the consequences of this for homeless households, the thesis uses qualitative research involving face-to-face interviews with 35 homeless households across three local authority areas. This research considers the extent to which households’ experiences of homelessness, housing need and the PRS reflect the arguments presented in the literature, and how settled accommodation has impacted on households’ ability to participate fully in society. The research found an increasing but still limited role for the PRS in resolving statutory homelessness in Scotland, with indications that the PRS is being increasingly used as part of the Housing Options approach and as a means of resolving homelessness outside the statutory system. The PRS is being utilised to varying degrees across different local authority areas, and a variety of methods are being used to do so. While local authorities saw clear advantages to making greater use of the sector, a number of significant barriers including affordability, available stock and landlord preferences - made this difficult in practice. Research with previously homeless households in the PRS similarly found broadly positive experiences and views of the sector, particularly with regard to enabling households to access good quality accommodation in desirable areas of their choosing, with many households highlighting improvements relating to social inclusion and participation. Nevertheless, concerns around the security of tenure offered by the sector, repairs, service standards and unequal power relations between landlord and tenant persisted. As such, homeless households frequently expressed their decision to enter the sector in terms of a trade-off between choice and security.

THE INFLUENCE OF MOTIVATION ON EMOTION REGULATION AND MOTOR PERFORMANCE: EXAMINATION OF A NEURO-AFFECTIVE MODEL

Mental stress is known to disrupt the execution of motor performance and can lead to decrements in the quality of performance, however, individuals have shown significant differences regarding how fast and well they can perform a skilled task according to how well they can manage stress and emotion. The purpose of this study was to advance our understanding of how the brain modulates emotional reactivity under different motivational states to achieve differential performance in a target shooting task that requires precision visuomotor coordination. In order to study the interactions in emotion regulatory brain areas (i.e. the ventral striatum, amygdala, prefrontal cortex) and the autonomic nervous system, reward and punishment interventions were employed and the resulting behavioral and physiological responses contrasted to observe the changes in shooting performance (i.e. shooting accuracy and stability of aim) and neuro-cognitive processes (i.e. cognitive load and reserve) during the shooting task. Thirty-five participants, aged 18 to 38 years, from the Reserve Officers’ Training Corp (ROTC) at the University of Maryland were recruited to take 30 shots at a bullseye target in three different experimental conditions. In the reward condition, $1 was added to their total balance for every 10-point shot. In the punishment condition, $1 was deducted from their total balance if they did not hit the 10-point area. In the neutral condition, no money was added or deducted from their total balance. When in the reward condition, which was reportedly most enjoyable and least stressful of the conditions, heart rate variability was found to be positively related to shooting scores, inversely related to variability in shooting performance and positively related to alpha power (i.e. less activation) in the left temporal region. In the punishment (and most stressful) condition, an increase in sympathetic response (i.e. increased LF/HF ratio) was positively related to jerking movements as well as variability of placement (on the target) in the shots taken. This, coupled with error monitoring activity in the anterior cingulate cortex, suggests evaluation of self-efficacy might be driving arousal regulation, thus affecting shooting performance. Better performers showed variable, increasing high-alpha power in the temporal region during the aiming period towards taking the shot which could indicate an adaptive strategy of engagement. They also showed lower coherence during hit shots than missed shots which was coupled with reduced jerking movements and better precision and accuracy. Frontal asymmetry measures revealed possible influence of the prefrontal lobe in driving this effect in reward and neutral conditions. The possible interactions, reasons behind these findings and implications are discussed.

A Formação dos Oficiais de Artilharia nos países OTAN : Os casos português e norte-americano

O presente Trabalho de Investigação Aplicada no âmbito do ciclo de estudos do Mestrado Integrado em Ciências Militares na especialidade de Artilharia, subordinado ao tema: A Formação dos Oficiais de Artilharia nos países OTAN: os casos português e norte-americano, estuda o modelo de formação específica de Artilharia no Exército Português e num dos exércitos cuja Artilharia tem marcado presença nos Teatros de Operações contemporâneos, o dos Estados Unidos da América. Tendo por objetivo retirar ilações que concorram para identificar e mitigar eventuais lacunas na formação técnica e tática em Artilharia de Campanha dos futuros oficiais de Artilharia do Exército Português, a investigação realizada analisou os detalhes de formação inicial dos futuros oficiais de Artilharia dos dois Exércitos por forma a compará-los e a obter contributos do Exército Norte-americano que possam vir a ser aplicados ao caso nacional. Assim sendo chegou-se à conclusão que o contributo do modelo de formação dos futuros oficiais de Artilharia de Campanha do Exército dos Estados Unidos da América para a formação dos futuros oficiais de Artilharia do Exército Português, no que diz respeito à componente técnica e tática em Artilharia de Campanha, traduz-se na necessidade de aprofundar nas áreas dos Sistemas Automáticos, Observação Avançada e Apoio de Fogos.

A Formação de Oficiais de Administração: Especificidades, Oportunidades e Contingências na senda de uma Carreira Profissional

Face ao paradigma atual onde são constantemente impostas às entidades públicas medidas para a racionalização de recursos, os Estabelecimentos de Ensino Superior Público Universitário Militar não são exceção tornando-se cada vez mais premente a aposta numa gestão eficiente e eficaz. Neste âmbito, a Contabilidade Analítica assume de forma crescente um papel dominante na análise e controlo dos custos por atividade. O presente Trabalho de Investigação Aplicada encontra-se subordinado ao tema “A Formação de Oficiais de Administração: Oportunidades, Especificidades e Contingências na senda de uma Carreira Profissional”. Assim, o objetivo geral do presente trabalho passa pelo cálculo do custos de formação dos alunos de Administração dos três ramos das Forças Armadas e desta forma, optar pelo modelo mais rentável economicamente. Para o cálculo do custo, de entre as inúmeras opções existentes relativamente a sistemas de custeio, baseámo-nos no método das Secções Homogéneas ou Centros de Custos. A estrutura do trabalho pode ser dividida em duas partes, a primeira de cariz teórico e a segunda uma vertente prática. A metodologia adotada teve como referência o método de investigação em Ciência Sociais, isto é, partindo de uma pergunta central de investigação, que origina perguntas derivadas, procuram-se respostas através da formulação, exploração e teste de hipóteses. De acordo com os resultados do presente estudo podemos verificar que é o modelo de formação utilizada na Academia Militar o mais rentável economicamente. Desta forma, dadas as evidentes afinidades científicas existentes entre os cursos seria pertinente uma reconfiguração da estrutura científica, durações e do perfil formativo dos diferentes cursos. Assim, uma reorganização que elimine redundâncias e promova a partilha de recursos possibilitará ganhos de eficiência na gestão e consequentemente redução de custos.

Entre contestation et résignation : l’expérience de profilage racial de jeunes racisés ayant reçu des constats d’infraction dans le cadre du contrôle de l’occupation de l’espace public montréalais

Ce mémoire explore le vécu et la construction de l’expérience de jeunes racisés ayant reçu des constats d’infraction dans le cadre de leur occupation de l’espace public montréalais. Il s’agit spécifiquement d’appréhender, à partir de la sociologie de l’expérience de Dubet (1994), le profil et les conditions de vie, la présence dans l’espace public, les raisons et la nature des constats d’infraction, les stratégies mises en œuvre face au profilage racial ainsi que les conséquences du profilage racial sur les jeunes racisés. Se situant dans une perspective qualitative, la méthodologie de recherche a reposé sur le recueil de dix entrevues semi-dirigées, soit neuf jeunes hommes et une jeune fille entre 18 et 30 ans ayant eu des contacts avec la police dans le cadre du contrôle de l’espace public à Montréal. Basée essentiellement sur l’approche mixte de Miles et Huberman (2003), l’analyse du corpus a permis de rendre compte de l’hétérogénéité de l’expérience des jeunes racisés et profilés interrogés et de dégager deux types d’expérience de profilage racial : les contestataires et les résignés. Si les interactions avec les forces de l’ordre engendrent des traitements perçus comme discriminatoires, l’expérience se construit en fonction de la nature des interactions, du niveau de maturité et de la tranche d’âge des jeunes et elle se décline en une logique de soumission et une logique de lutte pour la contestation des constats d’infraction. Les résultats de la recherche démontrent par ailleurs la pertinence de l’accompagnement du jeune au niveau de la prise de conscience de ses droits et de la contestation des tickets reçus.

The Impact of the "Not Sure" Option on Lineup Identification Decisions

Law enforcement officials routinely rely on eyewitness identification evidence to solve crimes. Nonetheless, this form of evidence is prone to errors. Researchers have previously attempted to examine conditions under which such errors can be reduced. The present study examines whether giving witnesses an explicit not sure response option increases the accuracy of lineup identification decisions. 251 participants watched a mock crime video before viewing a lineup that either included the perpetrator, or was made up of innocent suspects. Results indicated that witnesses provided with a not sure option made fewer false identifications, fewer filler identifications, and a similar number of correct identifications as witnesses who were not provided with this option. Furthermore, these benefits occurred regardless of whether witnesses received otherwise biased or unbiased instructions. Results suggest that the inclusion of an explicit not sure response option is a simple procedure that can increase the quality of eyewitness lineup decisions.

Fast Detection and Chemical Characterization of Gunshot Residues by CMV-GC-MS and LIBS

Gunshot residue (GSR) is the term used to describe the particles originating from different parts of the firearm and ammunition during the discharge. A fast and practical field tool to detect the presence of GSR can assist law enforcement in the accurate identification of subjects. A novel field sampling device is presented for the first time for the fast detection and quantitation of volatile organic compounds (VOCs). The capillary microextraction of volatiles (CMV) is a headspace sampling technique that provides fast results (< 2 min. sampling time) and is reported as a versatile and high-efficiency sampling tool. The CMV device can be coupled to a Gas Chromatography-Mass Spectrometry (GC-MS) instrument by installation of a thermal separation probe in the injection port of the GC. An analytical method using the CMV device was developed for the detection of 17 compounds commonly found in polluted environments. The acceptability of the CMV as a field sampling method for the detection of VOCs is demonstrated by following the criteria established by the Environmental Protection Agency (EPA) compendium method TO-17. The CMV device was used, for the first time, for the detection of VOCs on swabs from the hands of shooters, and non-shooters and spent cartridges from different types of ammunition (i.e., pistol, rifle, and shotgun). The proposed method consists in the headspace extraction of VOCs in smokeless powders present in the propellant of ammunition. The sensitivity of this method was demonstrated with method detection limits (MDLs) 4-26 ng for diphenylamine (DPA), nitroglycerine (NG), 2,4-dinitrotoluene (2,4-DNT), and ethyl centralite (EC). In addition, a fast method was developed for the detection of the inorganic components (i.e., Ba, Pb, and Sb) characteristic of GSR presence by Laser Induced Breakdown Spectroscopy (LIBS). Advantages of LIBS include fast analysis (~ 12 seconds per sample) and good sensitivity, with expected MDLs in the range of 0.1-20 ng for target elements. Statistical analysis of the results using both techniques was performed to determine any correlation between the variables analyzed. This work demonstrates that the information collected from the analysis of organic components has the potential to improve the detection of GSR.