948 resultados para Map of the Courts


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This thesis examines posting of workers within the free movement of services in the European Union. The emphasis is on the case law of the European Court of Justice and in the role it has played in the liberalisation of the service sector in respect of posting of workers. The case law is examined from two different viewpoints: firstly, that of employment law and secondly, immigration law. The aim is to find out how active a role the Court has taken with regard these two fields of law and what are the implications of the Court’s judgments for the regulation on a national level. The first part of the thesis provides a general review of the Community law principles governing the freedom to provide services in the EU. The second part presents the Posted Workers’ Directive and the case law of the European Court of Justice before and after the enactment of the Directive from the viewpoint of employment law. Special attention is paid to a recent judgment in which the Court has taken a restrictive position with regard to a trade union’s right to take collective action against a service provider established in another Member State. The third part of the thesis concentrates, firstly, on the legal status of non-EU nationals lawfully resident in the EU. Secondly, it looks into the question of how the Court’s case law has affected the possibilities to use non-EU nationals as posted workers within the freedom to provide services. The final chapter includes a critical analysis of the Court’s case law on posted workers. The judgments of the European Court of Justice are the principal source of law for this thesis. In the primary legislation the focus is on Articles 49 EC and 50 EC that lay down the rules concerning the free movement of services. Within the secondary legislation, the present work principally concentrates on the Posted Workers’ Directive. It also examines proposals of the European Commission and directives that have been adopted in the field of immigration. The conclusions of the case study are twofold: while in the field of employment law, the European Court of Justice has based its judgments on a very literal interpretation of the Posted Workers’ Directive, in the field of immigration its conclusions have been much more innovative. In both fields of regulation the Court’s judgments have far-reaching implications for the rules concerning posting of workers leaving very little discretion for the Member States’ authorities.

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The PRP17 gene product is required for the second step of pre-mRNA splicing reactions. The C-terminal half of this protein bears four repeat units with homology to the beta transducin repeat. Missense mutations in three temperature-sensitive prp17 mutants map to a region in the N-terminal half of the protein. We have generated, in vitro, 11 missense alleles at the beta transducin repeat units and find that only one affects function in vivo. A phenotypically silent missense allele at the fourth repeat unit enhances the slow-growing phenotype conferred by an allele at the third repeat, suggesting an interaction between these domains. Although many missense mutations in highly conserved amino acids lack phenotypic effects, deletion analysis suggests an essential role for these units. Only mutations in the N-terminal nonconserved domain of PRP17 are synthetically lethal in combination with mutations in PRP16 and PRP18, two other gene products required for the second splicing reaction. A mutually allele-specific interaction between Prp17 and snr7, with mutations in U5 snRNA, was observed. We therefore suggest that the functional region of Prp17p that interacts with Prp18p, Prp16p, and U5 snRNA is the N terminal region of the protein.

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Free software is viewed as a revolutionary and subversive practice, and in particular has dealt a strong blow to the traditional conception of intellectual property law (although in its current form could be considered a 'hack' of IP rights). However, other (capitalist) areas of law have been swift to embrace free software, or at least incorporate it into its own tenets. One area in particular is that of competition (antitrust) law, which itself has long been in theoretical conflict with intellectual property, due to the restriction on competition inherent in the grant of ‘monopoly’ rights by copyrights, patents and trademarks. This contribution will examine how competition law has approached free software by examining instances in which courts have had to deal with such initiatives, for instance in the Oracle Sun Systems merger, and the implications that these decisions have on free software initiatives. The presence or absence of corporate involvement in initiatives will be an important factor in this investigation, with it being posited that true instances of ‘commons-based peer production’ can still subvert the capitalist system, including perplexing its laws beyond intellectual property.

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New stars form in dense interstellar clouds of gas and dust called molecular clouds. The actual sites where the process of star formation takes place are the dense clumps and cores deeply embedded in molecular clouds. The details of the star formation process are complex and not completely understood. Thus, determining the physical and chemical properties of molecular cloud cores is necessary for a better understanding of how stars are formed. Some of the main features of the origin of low-mass stars, like the Sun, are already relatively well-known, though many details of the process are still under debate. The mechanism through which high-mass stars form, on the other hand, is poorly understood. Although it is likely that the formation of high-mass stars shares many properties similar to those of low-mass stars, the very first steps of the evolutionary sequence are unclear. Observational studies of star formation are carried out particularly at infrared, submillimetre, millimetre, and radio wavelengths. Much of our knowledge about the early stages of star formation in our Milky Way galaxy is obtained through molecular spectral line and dust continuum observations. The continuum emission of cold dust is one of the best tracers of the column density of molecular hydrogen, the main constituent of molecular clouds. Consequently, dust continuum observations provide a powerful tool to map large portions across molecular clouds, and to identify the dense star-forming sites within them. Molecular line observations, on the other hand, provide information on the gas kinematics and temperature. Together, these two observational tools provide an efficient way to study the dense interstellar gas and the associated dust that form new stars. The properties of highly obscured young stars can be further examined through radio continuum observations at centimetre wavelengths. For example, radio continuum emission carries useful information on conditions in the protostar+disk interaction region where protostellar jets are launched. In this PhD thesis, we study the physical and chemical properties of dense clumps and cores in both low- and high-mass star-forming regions. The sources are mainly studied in a statistical sense, but also in more detail. In this way, we are able to examine the general characteristics of the early stages of star formation, cloud properties on large scales (such as fragmentation), and some of the initial conditions of the collapse process that leads to the formation of a star. The studies presented in this thesis are mainly based on molecular line and dust continuum observations. These are combined with archival observations at infrared wavelengths in order to study the protostellar content of the cloud cores. In addition, centimetre radio continuum emission from young stellar objects (YSOs; i.e., protostars and pre-main sequence stars) is studied in this thesis to determine their evolutionary stages. The main results of this thesis are as follows: i) filamentary and sheet-like molecular cloud structures, such as infrared dark clouds (IRDCs), are likely to be caused by supersonic turbulence but their fragmentation at the scale of cores could be due to gravo-thermal instability; ii) the core evolution in the Orion B9 star-forming region appears to be dynamic and the role played by slow ambipolar diffusion in the formation and collapse of the cores may not be significant; iii) the study of the R CrA star-forming region suggests that the centimetre radio emission properties of a YSO are likely to change with its evolutionary stage; iv) the IRDC G304.74+01.32 contains candidate high-mass starless cores which may represent the very first steps of high-mass star and star cluster formation; v) SiO outflow signatures are seen in several high-mass star-forming regions which suggest that high-mass stars form in a similar way as their low-mass counterparts, i.e., via disk accretion. The results presented in this thesis provide constraints on the initial conditions and early stages of both low- and high-mass star formation. In particular, this thesis presents several observational results on the early stages of clustered star formation, which is the dominant mode of star formation in our Galaxy.

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Based on the Aristotelian criterion referred to as 'abductio', Peirce suggests a method of hypothetical inference, which operates in a different way than the deductive and inductive methods. “Abduction is nothing but guessing” (Peirce, 7.219). This principle is of extreme value for the study of our understanding of mathematical self-similarity in both of its typical presentations: relative or absolute. For the first case, abduction incarnates the quantitative/qualitative relationships of a self-similar object or process; for the second case, abduction makes understandable the statistical treatment of self-similarity, 'guessing' the continuity of geometric features to the infinity through the use of a systematic stereotype (for instance, the assumption that the general shape of the Sierpiński triangle continuates identically into its particular shapes). The metaphor coined by Peirce, of an exact map containig itself the same exact map (a map of itself), is not only the most important precedent of Mandelbrot’s problem of measuring the boundaries of a continuous irregular surface with a logarithmic ruler, but also still being a useful abstraction for the conceptualisation of relative and absolute self-similarity, and its mechanisms of implementation. It is useful, also, for explaining some of the most basic geometric ontologies as mental constructions: in the notion of infinite convergence of points in the corners of a triangle, or the intuition for defining two parallel straight lines as two lines in a plane that 'never' intersect.

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The pattern of expression of the genes involved in the utilization of aryl beta-glucosides such as arbutin and salicin is different in the genus Shigella compared to Escherichia coli. The results presented here indicate that the homologue of the cryptic bgl operon of E. coli is conserved in Shigella sonnei and is the primary system involved in beta-glucoside utilization in the organism. The organization of the bgl genes in 5. sonnei is similar to that of E. coli; however there are three major differences in terms of their pattern of expression. (i) The bglB gene, encoding phospho-beta-glucosidase B, is insertionally inactivated in 5. sonnei. As a result, mutational activation of the silent bgl promoter confers an Arbutin-positive (Arb(+)) phenotype to the cells in a single step; however, acquiring a Salicin-positive (Sal(+)) phenotype requires the reversion or suppression of the bglB mutation in addition. (ii) Unlike in E. coli, a majority of the activating mutations (conferring the Arb(+) phenotype) map within the unlinked hns locus, whereas activation of the E. coli bgl operon under the same conditions is predominantly due to insertions within the bglR locus. (iii) Although the bgl promoter is silent in the wild-type strain of 5. sonnei (as in the case of E. coli), transcriptional and functional analyses indicated a higher basal level of transcription of the downstream genes. This was correlated with a 1 bp deletion within the putative Rho-independent terminator present in the leader sequence preceding the homologue of the bglG gene. The possible evolutionary implications of these differences for the maintenance of the genes in the cryptic state are discussed.

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A 4 A electron-density map of Pf1 filamentous bacterial virus has been calculated from x-ray fiber diffraction data by using the maximum-entropy method. This method produces a map that is free of features due to noise in the data and enables incomplete isomorphous-derivative phase information to be supplemented by information about the nature of the solution. The map shows gently curved (banana-shaped) rods of density about 70 A long, oriented roughly parallel to the virion axis but slewing by about 1/6th turn while running from a radius of 28 A to one of 13 A. Within these rods, there is a helical periodicity with a pitch of 5 to 6 A. We interpret these rods to be the helical subunits of the virion. The position of strongly diffracted intensity on the x-ray fiber pattern shows that the basic helix of the virion is right handed and that neighboring nearly parallel protein helices cross one another in an unusual negative sense.

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Sesbania mosaic virus (SMV) is a plant virus infecting Sesbania grandiflora plants in Andhra Pradesh, India. Amino acid sequence of the tryptic peptides of SMV coat protein were determined using a gas phase sequenator. These sequences showed identical amino acids at 69% of the positions when aligned with the corresponding residues of southern bean mosaic virus (SBMV).Crystals diffracting to better than 3 Å resolution were obtained by precipitating the virus with ammonium sulphate. The crystals belonged to rhombohedral space group R3 with α = 291·4 Å and α = 61·9°. Three-dimensional X-ray diffraction data on these crystals were collected to a resolution of 4·7 Å, using a Siemens-Nicolet area detector system. Self-rotation function studies revealed the icosahedral symmetry of the virus particles, as well as their precise orientation in the unit cell. Cross-rotation function and modelling studies with SBMV showed that it is a valid starting model for SMV structure determination. Low resolution phases computed using a polyalanine model of SBMV were subjected to refinement and extension by real-space electron density averaging and solvent flattening. The final electron density map revealed a polypeptide fold similar to SBMV. The single disulphide bridge of SBMV coat protein is retained in SMV. Four icosahedrally independent cation binding sites have been tentatively identified. Three of these sites, related by a quasi threefold axis, are also found in SBMV. The fourth site is situated on the quasi threefold axis. Aspartic acid residues, which replace Ile218 of SBMV from the quasi threefold-related subunits are suitable ligands to the cation at this site

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We report on the combined X-ray and radio observations of the type Ic SN 2002ap, using XMM-Newton TOO observation of M 74 and the Giant Metrewave Radio Telescope ( GMRT). We account for the presence of a nearby source in the pre-supernova Chandra field of view in our measurements of the X-ray flux (0.3-10 KeV) 5.2 days after the explosion. The X-ray spectrum is well fitted by a power law spectrum with photon index alpha = 2.6. Our results suggest that the prompt X-ray emission originates from inverse Compton scattering of photospheric thermal emission by energetic electrons. Radio observations with the GMRT at 610 MHz (8 days after the explosion) and 1420 MHz (70 days after the explosion) are combined with the high frequency VLA observations of SN 2002ap reported by Berger et al. ( 2002), and the early radiospheric properties of SN 2002ap are compared with similar data from two other supernovae. Finally, the GMRT radio map reveals four other X-ray sources in the field of view of M 74 with radio counterparts.

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This study presents the future seismic hazard map of Coimbatore city, India, by considering rupture phenomenon. Seismotectonic map for Coimbatore has been generated using past earthquakes and seismic sources within 300 km radius around the city. The region experienced a largest earthquake of moment magnitude 6.3 in 1900. Available earthquakes are divided into two categories: one includes events having moment magnitude of 5.0 and above, i.e., damaging earthquakes in the region and the other includes the remaining, i.e., minor earthquakes. Subsurface rupture character of the region has been established by considering the damaging earthquakes and total length of seismic source. Magnitudes of each source are estimated by assuming the subsurface rupture length in terms of percentage of total length of sources and matched with reported earthquake. Estimated magnitudes match well with the reported earthquakes for a RLD of 5.2% of the total length of source. Zone of influence circles is also marked in the seismotectonic map by considering subsurface rupture length of fault associated with these earthquakes. As earthquakes relive strain energy that builds up on faults, it is assumed that all the earthquakes close to damaging earthquake have released the entire strain energy and it would take some time for the rebuilding of strain energy to cause a similar earthquake in the same location/fault. Area free from influence circles has potential for future earthquake, if there is seismogenic source and minor earthquake in the last 20 years. Based on this rupture phenomenon, eight probable locations have been identified and these locations might have the potential for the future earthquakes. Characteristic earthquake moment magnitude (M-w) of 6.4 is estimated for the seismic study area considering seismic sources close to probable zones and 15% increased regional rupture character. The city is divided into several grid points at spacing of 0.01 degrees and the peak ground acceleration (PGA) due to each probable earthquake is calculated at every grid point in city by using the regional attenuation model. The maximum of all these eight PGAs is taken for each grid point and the final PGA map is arrived. This map is compared to the PGA map developed based on the conventional deterministic seismic hazard analysis (DSHA) approach. The probable future rupture earthquakes gave less PGA than that of DSHA approach. The occurrence of any earthquake may be expected in near future in these eight zones, as these eight places have been experiencing minor earthquakes and are located in well-defined seismogenic sources.

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A hydrological modelling framework was assembled to simulate the daily discharge of the Mandovi River on the Indian west coast. Approximately 90% of the west-coast rainfall, and therefore discharge, occurs during the summer monsoon (June-September), with a peak during July-August. The modelling framework consisted of a digital elevation model (DEM) called GLOBE, a hydrological routing algorithm, the Terrestrial Hydrological Model with Biogeochemistry (THMB), an algorithm to map the rainfall recorded by sparse rain-gauges to the model grid, and a modified Soil Conservation Service Curve Number (SCS-CN) method. A series of discharge simulations (with and without the SCS method) was carried out. The best simulation was obtained after incorporating spatio-temporal variability in the SCS parameters, which was achieved by an objective division of the season into five regimes: the lean season, monsoon onset, peak monsoon, end-monsoon, and post-monsoon. A novel attempt was made to incorporate objectively the different regimes encountered before, during and after the Indian monsoon, into a hydrological modelling framework. The strength of our method lies in the low demand it makes on hydrological data. Apart from information on the average soil type in a region, the entire parameterization is built on the basis of the rainfall that is used to force the model. That the model does not need to be calibrated separately for each river is important, because most of the Indian west-coast basins are ungauged. Hence, even though the model has been validated only for the Mandovi basin, its potential region of application is considerable. In the context of the Prediction in Ungauged Basins (PUB) framework, the potential of the proposed approach is significant, because the discharge of these (ungauged) rivers into the eastern Arabian Sea is not small, making them an important element of the local climate system.