Administrative authorization for the demolition of urban rental units pursuant to the law of 1964: a spanish example of problematic over-activity in the application of transitional laws

Transitional provisions are defined as the set of regulations that rule juridical relationships on the occasion of a legislative change. Out of this context of law succession, their indiscriminate application can lead to serious inconsistencies. The analysis of a Spanish private law example is offered to illustrate this fact. It concerns the administrative authorization for the demolition of rented buildings in the cities. A regulation repealed more than fifteen years ago and however widespread utilised on ancient constructions that, after recent urban development, have acquired great economic value; something that in the end explains the current importance of such provisions. What is happening in Spain: denaturalization of the original  figure due to a mixture of formalist interpretations and speculative market interests, is presented here to call the attention on the necessary limitation of transitional provisions’ effects.

The construction of national identity as a developmental process from childhood to adolescence in Catalonia

La idea que per entendre alguna cosa hem d'entendre el procés pel qual s'ha produït va ser assumida des de l'origen de l'estudi "La construcció de la identitat nacional com a procés de desenvolupament des de la infància a l'adolescència a Catalunya". Per tal d'estudiar el procés de desenvolupament relacionat amb la construcció de la identitat nacional, no és suficient considerar-lo en el seu context social, sinó que és necessari considerar la seva construcció social. Tres objectius principals van orientar el nostre estudi . Primer, indagar si els processos de categorització, identificació, coneixement, imatge, avaluació i afecte són també elements implicats en la construcció de la identitat nacional des de la infància a l'adolescència. Segon investigar el procés de desenvolupament d'aquests elements des dels 6 anys fins als 15 anys per contribuir amb dades a I'explicació sobre com es desenvolupa del coneixement social. Tres són les explicacions principals; la primera que es basa en processos cognitius d'inclusió-decentració; la segona, si aquest desenvolupament es dóna en cercles concèntrics des de I'interior (contextos quotidians) fins a l'exterior (amb intercanvis més amples i una educació formal envers la vida social); i la tercera, si el desenvolupament del coneixement social d'allò més immediat i directe es reorganitzat i adquireix nous significats per la integració dels elements més generals i abstractes. Tercer, donat el fet que el 50% de les famílies tenen el català com a llengua materna, hem estudiat la influència de la llengua o llengües utilitzades en el context familiar en el procés de construcció de la identitat nacional. Es va dissenyar una entrevista individual seguint una estructura amb les parts següents: identificació subjectiva i identificació nacional; coneixement dels països; estereotips, avaluació i sentiments, i entorn social. La mostra del present estudi va estar formada per 495 nens i adolescents de 6, 9, 12 i 15 anys d'edat. Es va utilitzar per cada grup un número similar de nens i nenes. La mostra es va dividir en tres grups segons la o les llengües utilitzades pel nen o nena en el seu context familiar. Tres van ser les categones lingüístiques utilitzades: castellà, nens que només utilitzin el castellà a casa; català, nens que només usen el català en el context familiar; i bilingües, nens que utilitzin tots dos idiomes a casa. Aquestes categories lingüístiques s'han utilitzat com a indicador dels contextos familiars. Dues conclusions principals es poden extreure d'aquest estudi. Primer, I'ús de categories nacionals no és una conseqüència del procés cognitiu d'inclusió-decentració ni en cercles concentrics (concret/abstracte). La idea d'un procés del món en paral·lel, d'un coneixement que integra simultàniament creences i sentiments de l'ambient concret o proper i de l'abstracte o llunyà pot explicar millor els nostres resultats. Els nens aprenen i pensen sobre la vida quotidara, les característiques de l'ambient, la informació circulant en el seu entom social i la importància o els diferents nivells de coneixement depenent del context. Els nens integren la informació que està circulant en el seu ambient i construeixen un món que necessàriament no ha de coincidir amb el món deis adults, però que els ajuda a comunicar-se i a entendre les situacions en les quals estan immersos. Els nens més joves són capaços d'utilitzar categories nacionals de manera similar als adolescents. Segon, la identitat nacional a Catalunya es construeix al voltant del nucli de la llengua parlada a casa. A través de tot I'estudi es pot veure un resultat consistent i reiterat. Els infants d'un entom familiar en què s'usa només el castellà s'identifiquen com a pertanyents a tots dos grups nacionals, Espanyol i Català. Els infants d'un entom familiar que utilitzen només el català s'identifiquen com a pertanyents només al grup Català. Aquestes identificacions guien com aquests nens avaluen i senten envers el propi grup nacional i els altres. A més, sembla que el context sòcio-polític és un vehicle important en la transmissió de les estructures de semblances i que I'estructura d'afecte es transmet principalment a través de I'entom familiar.

The business case development process in the delivery of NHS infrastructure

There is a lack of knowledge base in relation to experiences gained and lessons learnt from previously executed National Health Service (NHS) infrastructure projects in the UK. This is in part a feature of one-off construction projects, which typify healthcare infrastructure, and in part due to the absence of a suitable method for conveying such information. The complexity of infrastructure delivery process in the NHS makes the construction of healthcare buildings a formidable task. This is particularly the case for the NHS trusts who have little or no experience of construction projects. To facilitate understanding a most important aspect of the delivery process, which is the preparation of a capital investment proposal; steps taken in developing the business case for an NHS healthcare facility are examined. The context for such examination is provided by the planning process of a healthcare project, studied retrospectively. The process is analysed using a social science based method called ‘building stories’, developed at the University of California-Berkeley. By applying this method, stories or narratives are constructed around the data captured on the case study. The findings indicate that the business case process may be used to justify, rather than identify, trusts’ requirements. The study is useful for UK public sector clients as well as consultants and professionals who aim to participate in the delivery of healthcare infrastructure projects in the UK.

Law and the power of feminism: how marriage lost its power to oppress women

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women’s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including the ‘sexual revolution’ of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ‘liberation’ than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women’s problems.

Liquidity and the drivers of search, due diligence and transaction times for UK commercial real estate investments

Trading commercial real estate involves a process of exchange that is costly and which occurs over an extended and uncertain period of time. This has consequences for the performance and risk of real estate investments. Most research on transaction times has occurred for residential rather than commercial real estate. We study the time taken to transact commercial real estate assets in the UK using a sample of 578 transactions over the period 2004 to 2013. We measure average time to transact from a buyer and seller perspective, distinguishing the search and due diligence phases of the process, and we conduct econometric analysis to explain variation in due diligence times between assets. The median time for purchase of real estate from introduction to completion was 104 days and the median time for sale from marketing to completion was 135 days. There is considerable variation around these times and results suggest that some of this variation is related to market state, type and quality of asset, and type of participants involved in the transaction. Our findings shed light on the drivers of liquidity at an individual asset level and can inform models that quantify the impact of uncertain time on market on real estate investment risk.

Past and future of the bankruptcy law in Brazil and Latin America

This paper studies the Bankruptcy Law in Latin America, focusing on the Brazilian reform. We start with a review of the international literature and its evolution on this subject. Next, we examine the economic incentives associated with several aspects of bankruptcy laws and insolvency procedures in general, as well as the trade-offs involved. After this theoretical discussion, we evaluate empirically the current stage of the quality of insolvency procedures in Latin America using data from Doing Business and World Development Indicators, both from World Bank and International Financial Statistics from IMF. We find that the region is governed by an inefficient law, even when compared with regions of lower per capita income. As theoretical and econometric models predict, this inefficiency has severe consequences for credit markets and the cost of capital. Next, we focus on the recent Brazilian bankruptcy reform, analyzing its main changes and possible effects over the economic environment. The appendix describes difficulties of this process of reform in Brazil, and what other Latin American countries can possibly learn from it.

Properties advanced of the silicon nitride based ceramics and recent performance on automotive parts manufacture by machining process: Advanced Ceramics, demand Forecast

Automotive parts manufacture by machining process using silicon nitride-based ceramic tool development in Brazil already is a reality. Si 3N4-based ceramic cutting tools offer a high productivity due to their excellent hot hardness, which allows high cutting speeds. Under such conditions the cutting tool must be resistant to a combination of mechanical, thermal and chemical attacks. Silicon nitride based ceramic materials constitute a mature technology with a very broad base of current and potential applications. The best opportunities for Si3N 4-based ceramics include ballistic armor, composite automotive brakes, diesel particulate filters, joint replacement products and others. The goal of this work was to show latter advance in silicon nitride manufacture and its recent evolution on machining process of gray cast iron, compacted graphite iron and Ti-6Al-4V. Materials characterization and machining tests were analyzed by X-Ray Diffraction, Scanning Electron Microscopy, Vickers hardness and toughness fracture and technical norm. In recent works the authors has been proved to advance in microstructural, mechanical and physic properties control. These facts prove that silicon nitride-based ceramic has enough resistance to withstand the impacts inherent to the machining of gray cast iron (CI), compacted graphite iron (CGI) and Ti-6Al-4V (6-4). Copyright © 2008 SAE International.

PLA and Organoclays Nanocomposites: Degradation Process and Evaluation of ecotoxicity Using Allium cepa as Test Organism

In this study, nanocomposites of PLA and organoclays Cloisite 20A and Cloisite 30B were prepared by the melt intercalation method and the obtained samples were characterized by transmission electron microscopy (TEM). Since composting is an important proposal to the final disposal of biopolymers, the influence of clays on the hydrolytic degradation process of PLA was evaluated by visual analysis and monitoring of molecular weight after periods of 15 and 30 days of degradation in compost. After degradation of the materials in composting environment, the evaluation of cytotoxic, genotoxic and mutagenic effects of compost aqueous extract was carried out using a bioassay with Allium cepa as test organism. The TEM micrographs permitted the observation of different levels of dispersion, including exfoliated regions. In the evaluation of hydrolytic degradation it was noted that the presence of organoclays can decrease the rate of degradation possibly due to the barrier effect of clay layers and/or the higher degree of crystallinity in the nanocomposite samples. Nevertheless, even in the case of nanocomposites, the molecular weight reduction was significant, indicating that the composting process is favorable to the chain scission of PLA in studied materials. In the analysis performed by the bioassay using A. cepa as test organism, it was found that after degradation of the PLA and its nanocomposites the aqueous extract of compost samples induced a decreasing in the mitotic index and an increasing in the induction of chromosomal abnormalities. These results were statistically significant in relation to the negative control (distilled water). By comparing the results obtained for the nanocomposites in relative to pure polymer, there were no statistically significant differences. The types of the observed chromosomal aberrations indicated a possible genotoxic effect of the materials, which may be related to an aneugenic action of PLA degradation products. © 2013 Springer Science+Business Media New York.

Physical-chemical characterization of biomass samples for application iin pyrolysis process

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)

Perception of brazilian citizens about Darwinism and the (Non) Influence of God in the evolutionary process

The current context is unique in relation to the teaching of evolution in Brazil and the population's perception of evolution. On the one hand, it is said often about Darwinism in various media, especially due to the relatively recent commemoration of the two hundred years of the birth of Charles Darwin and one hundred and fifty years of the launch of the book The Origin of Species. On the other hand, it is clear, in recent years, a timid movement, more worryingly, in favor of equitable approach of creationist and evolutionist theories in the classroom. This article is a part of a research whose goal is to raise the design that Brazilian respondents have about the Darwinian view (which disregards the divine influence in the evolution of the species). The instrument used for data collection is a questionnaire, type Likert scale, which consists of a series of statements in which respondents must express their degree of agreement or disagreement with each statement. In this study, we present the results of the statement. "The thought of Darwin, which does not consider God as a participant in the process of evolution, is...". Analysis correlated with data on religion and education of the respondents are also held. The results point to a tendency of respondents not to accept the Darwinian view that disregards God's interference in the evolutionary process. The data also show that respondents' choices are influenced by religion and education. The frequency of responses that tend to accept the Darwinian view (which disregards the divine participation in the evolution of the species) is higher among respondents with higher levels of education. Adherents to religions "evangelical" tend to deny this view more often than followers of other religions. Given the potential risks of inserting creationist approaches in school education, it is necessary a discussion of the possible impacts of this rejection of Darwin's thinking (which does not consider God as a participant in the evolutionary process), indicated here, in the teaching of evolution. This work was supported by FAPEMIG.

Development of quantitative methods for sustainability assessment in process industry

The increasing aversion to technological risks of the society requires the development of inherently safer and environmentally friendlier processes, besides assuring the economic competitiveness of the industrial activities. The different forms of impact (e.g. environmental, economic and societal) are frequently characterized by conflicting reduction strategies and must be holistically taken into account in order to identify the optimal solutions in process design. Though the literature reports an extensive discussion of strategies and specific principles, quantitative assessment tools are required to identify the marginal improvements in alternative design options, to allow the trade-off among contradictory aspects and to prevent the “risk shift”. In the present work a set of integrated quantitative tools for design assessment (i.e. design support system) was developed. The tools were specifically dedicated to the implementation of sustainability and inherent safety in process and plant design activities, with respect to chemical and industrial processes in which substances dangerous for humans and environment are used or stored. The tools were mainly devoted to the application in the stages of “conceptual” and “basic design”, when the project is still open to changes (due to the large number of degrees of freedom) which may comprise of strategies to improve sustainability and inherent safety. The set of developed tools includes different phases of the design activities, all through the lifecycle of a project (inventories, process flow diagrams, preliminary plant lay-out plans). The development of such tools gives a substantial contribution to fill the present gap in the availability of sound supports for implementing safety and sustainability in early phases of process design. The proposed decision support system was based on the development of a set of leading key performance indicators (KPIs), which ensure the assessment of economic, societal and environmental impacts of a process (i.e. sustainability profile). The KPIs were based on impact models (also complex), but are easy and swift in the practical application. Their full evaluation is possible also starting from the limited data available during early process design. Innovative reference criteria were developed to compare and aggregate the KPIs on the basis of the actual sitespecific impact burden and the sustainability policy. Particular attention was devoted to the development of reliable criteria and tools for the assessment of inherent safety in different stages of the project lifecycle. The assessment follows an innovative approach in the analysis of inherent safety, based on both the calculation of the expected consequences of potential accidents and the evaluation of the hazards related to equipment. The methodology overrides several problems present in the previous methods proposed for quantitative inherent safety assessment (use of arbitrary indexes, subjective judgement, build-in assumptions, etc.). A specific procedure was defined for the assessment of the hazards related to the formations of undesired substances in chemical systems undergoing “out of control” conditions. In the assessment of layout plans, “ad hoc” tools were developed to account for the hazard of domino escalations and the safety economics. The effectiveness and value of the tools were demonstrated by the application to a large number of case studies concerning different kinds of design activities (choice of materials, design of the process, of the plant, of the layout) and different types of processes/plants (chemical industry, storage facilities, waste disposal). An experimental survey (analysis of the thermal stability of isomers of nitrobenzaldehyde) provided the input data necessary to demonstrate the method for inherent safety assessment of materials.

Not for Designers: On the Inadequacies of EU Design Law and How to Fix It

Design rights represent an interesting example of how the EU legislature has successfully regulated an otherwise heterogeneous field of law. Yet this type of protection is not for all. The tools created by EU intervention have been drafted paying much more attention to the industry sector rather than to designers themselves. In particular, modern, digitally based, individual or small-sized, 3D printing, open designers and their needs are largely neglected by such legislation. There is obviously nothing wrong in drafting legal tools around the needs of an industrial sector with an important role in the EU economy, on the contrary, this is a legitimate and good decision of industrial policy. However, good legislation should be fair, balanced, and (technologically) neutral in order to offer suitable solutions to all the players in the market, and all the citizens in the society, without discriminating the smallest or the newest: the cost would be to stifle innovation. The use of printing machinery to manufacture physical objects created digitally thanks to computer programs such as Computer-Aided Design (CAD) software has been in place for quite a few years, and it is actually the standard in many industrial fields, from aeronautics to home furniture. The change in recent years that has the potential to be a paradigm-shifting factor is a combination between the opularization of such technologies (price, size, usability, quality) and the diffusion of a culture based on access to and reuse of knowledge. We will call this blend Open Design. It is probably still too early, however, to say whether 3D printing will be used in the future to refer to a major event in human history, or instead will be relegated to a lonely Wikipedia entry similarly to ³Betamax² (copyright scholars are familiar with it for other reasons). It is not too early, however, to develop a legal analysis that will hopefully contribute to clarifying the major issues found in current EU design law structure, why many modern open designers will probably find better protection in copyright, and whether they can successfully rely on open licenses to achieve their goals. With regard to the latter point, we will use Creative Commons (CC) licenses to test our hypothesis due to their unique characteristic to be modular, i.e. to have different license elements (clauses) that licensors can choose in order to adapt the license to their own needs.”

Business as Usual? : An Appraisal of the Implementation of the UNESCO Convention on Cultural Diversity into EU’s Media Law and Policies

Irrespective of the diverse stances taken on the effect of the UNESCO Convention on Cultural Diversity in the external relations context, since its wording is fairly open-ended, it is clear to all observers that the Convention’s impact will largely depend on how it is implemented domestically. The discussion on the national implementation of the Convention, both in the policy and in the academic discourses, is only just emerging. The implementation model of the EU could set an important example for the international community and for the other State Parties that have ratified the UNESCO Convention, as both the EU and its Member States acting individually, have played a critical role in the adoption of the Convention, as well as in the longer process of promoting cultural concerns on the international scene. Against this backdrop, this article analyses the extent to which the EU internal law and policies, in particular in the key area of media, take into account the spirit and the letter of the UNESCO Convention on Cultural Diversity. The article seeks to critically evaluate the present state of affairs and make some recommendations for calibration of future policies.

Business as Usual? : The Implementation of the UNESCO Convention on Cultural Diversity and EU Media Law and Policies

Irrespective of the diverse stances taken on the effect of the UNESCO Convention on Cultural Diversity in the external relations context, since its wording is fairly open-ended, it is clear to all observers that the Convention’s impact will largely depend on how it is implemented domestically. The discussion on the national implementation of the Convention, both in the policy and in the academic discourses, is only just emerging, although six years the Convention’s entry into force have passed. The implementation model of the EU can set an important example for the international community and for the other State Parties that have ratified the UNESCO Convention, as both the EU and its Member States acting individually, have played a critical role in the adoption of the Convention, as well as in the longer process of promoting cultural concerns on the international scene. Against this backdrop, this article analyses the extent to which the EU internal law and policies, in particular in the key area of media, take into account the spirit and the letter of the UNESCO Convention on Cultural Diversity. Next to an assessment of the EU’s implementation of the Convention, the article also offers remarks of normative character – in the sense of what should be done to actually attain the objective of protecting and promoting cultural diversity. The article seeks to critically evaluate the present state of affairs and make some recommendations for calibration of future policies.

Perpetual Conflict or Compromise? The Cost of Domestic Legitimacy in the Realm of Women's Human Rights: A Case Study on the Right to an Abortion

With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that the use of the largely discredited substantive due process doctrine to ground this contentious right has also contributed to the lack of legal stability. I assert that when these elements culminate in the realm of reproductive privacy the right to terminate a pregnancy becomes increasingly unstable and contested.