Casual but Smart: The Court’s new clothes in the Area of Freedom Security and Justice (AFSJ) after the Lisbon Treaty. Research Papers in Law, 2/2008

Introduction. Unintended as it was, the European Court of Justice (ECJ, the Court, the Court of the EU) has played an extremely important role in the construction of the Area of Freedom Security and Justice (AFSJ). The AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999. The fact that this is a new field of EU competence, poses afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its Member States, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) extent of the protection given to fundamental rights. The above questions have prompted judicial solutions which take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.1 The ECJ is the body whose institutional role is to benefit most from this upcoming ‘depilarisation’, possibly more than that of the European Parliament. This structure is on the verge of being abandoned, provided the Treaty of Lisbon enters into force.2 However spectacular this formal boost of the Court’s competence, the changes in real terms are not going to be that dramatic. This apparent contradiction is explained, to a large extent, by the fact that the Court has in many ways ‘provoked’, or even ‘anticipated’, the depilarisation of its own jurisdictional role, already under the existing three-pillar structure. Simply put, under the new – post Treaty of Lisbon – regime, the Court will have full jurisdiction over all AFSJ matters, as those are going to be fully integrated in what is now the first pillar. Some limitations will continue to apply, however, while a special AFSJ procedure will be institutionalised. Indeed, if we look into the new Treaty we may identify general modifications to the Court’s structure and jurisdiction affecting the AFSJ (section 2), modifications in the field of the AFSJ stemming from the abolition of the pillar structure (section 3) and, finally, some rules specifically applicable to the AFSJ (section 4).

Malta Transformed by Multi-level Governance: More Than Just an Outcome of Europeanisation. Occasional Paper 03/2014

Malta has been transformed in many ways with and by EU Membership. This paper goes beyond the more obvious impacts of ‘Europeanisation’ and instead reviews the implications of an explosion of multi-level governance on doing politics in Malta. While for most of its recent political history, there has been a clawing back of power by the central government – as when the Gozo Civic Council (1960-1973), an early foray into regional government, was “unceremoniously dissolved” in 1973 – this trend was reversed with the setting up of local councils as from 1994, an advisory Malta Council for Economic and Social Development (MCESD) in 2001, and then EU membership in 2004. These events have created a profligacy of decision-making tiers and multiplied the tensions that exist between different levels of governance in this small archipelago state. Malta has never experienced such pluralism before. In fact, since 1966, only two political parties have been represented in the national legislature and, therefore, there has been no division of powers between the executive and the national parliament. This paper reviews the implications of these developments on two hot political issues in 2014: the International Investor Programme (IIP) proposed by the Labour Government in its 2014 Budget; and the location of a Liquid Natural Gas (LNG)-storage vessel inside Marsaxlokk harbour.

Legislative veto and the "Chadha" decision : hearing before the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, first session, on effects of the Supreme Court's decision in Immigration and Naturalization Service v. Chadha on legislative veto.

Mode of access: Internet.

The artist, the merchant, and the statesman, of the age of the Medici, and of our own times /

Goldsmiths'-Kress no. 34096.23.

The lack of definite individual responsibility in our form of government is a fundamental cause of the evils of which the people complain : annual address before Bar Association of State of Kansas, delivered at Topeka, Kansas, January 27, 1913 /

Cover title.

Powers and Logarithms

There are applied power mappings in algebras with logarithms induced by a given linear operator D in order to study particular properties of powers of logarithms. Main results of this paper will be concerned with the case when an algebra under consideration is commutative and has a unit and the operator D satisfies the Leibniz condition, i.e. D(xy) = xDy + yDx for x, y ∈ dom D. Note that in the Number Theory there are well-known several formulae expressed by means of some combinations of powers of logarithmic and antilogarithmic mappings or powers of logarithms and antilogarithms (cf. for instance, the survey of Schinzel S[1].

Ecfrasis: Escritura y pintura en el costumbrismo argentino

This dissertation examines the discursive practice of Argentine costumbrista texts from a novel perspective. In (re)reading the works of selected prominent writers from the late colonial period to the end of the Nineteenth Century, including those of Alonso Carrió de la Vandera, Emeric Essex Vidal, León Pallière, Lucio Vicente López, Lucio V. Mansilla, and Pastor Obligado we focus on the presence of ekphrastic enunciations with a view toward linking the plastic, painterly dimensions of the prose to parallel representations by artists of the same period. Thus the costumbristas are studied in tandem with the watercolors, oil paintings and lithographic compositions of artists such as Carlos Enrique Pellegrim, César Hipólito Bacle, Raymond Monvoisin and Hipólito Moulin. The resulting comparative study of the two arts---the verbal and the pictorial---illustrates the notion described by W. J. T. Mitchell that a literary text may well "represent a work of visual or graphic art." And thus, it provides us with visual, spatial motifs that enhance its powers of representation. ^ In developing our focus on ekphrastic representations we have followed the theoretic studies of Murray Krieger, Jean H. Hagstrum, James Hefferman, John Hollander, W. J. T. Mitchell, Johann Gottfried Herder, and Wendy Steiner among others, all of whom in various ways take their cue from Horace's Ut pictura poesis and the notion that poetry, that is literary discourse, can be likened to a panting and that in both arts there is a refractive quality that makes literature a spoken vehicle of expression and painting a silent, complementary voice. ^ In studying the literary and plastic discourses comparatively what becomes evident is that they share cultural and ideological concerns that center around the notion of self-definition, national identity, and the relation of the individual to the incipient national community (Benedict Anderson). These concerns are highlighted via the depiction of customs, mores, dress, work habits, professions, and social classes. In late colonial literature and painting and especially in the Nineteenth Century, which constitutes the defining period of Argentine political independence, the confluence of the two disciplinary discourses addresses, and underscores the issues of socio-political empowerment in the new Argentine nation. ^

Hispanic orientalism: The literary development of a cultural paradigm, from medieval Spain to modern Latin America

This dissertation offers a novel approach to Hispanic Orientalism, developing a dynamic paradigm from its origins in medieval and Renaissance Iberia during the process of the Christian Reconquest, to its transatlantic migration and establishment in the early years of the Colony, from where it changed in late colonial and post-Independence Latin America, and onto modernity. ^ The study argues that Hispanic Orientalism does not necessarily imply a negative depiction of the Other, a quality associated with the traditional critique of Saidian Orientalism. Neither, does it entirely comply with the positivist approach suggested in the theoretical research of Said’s opponents, like Julia Kushigian. This dissertation also argues that sociopolitical changes and the shift in the discourse of powers, from imperial to non-imperial, had a significant impact of the development of Hispanic Orientalism, shaping the relationship with the Other. The methodology involves close reading of representative texts depicting the interactions of the dominant and dominated societies from each of the four historic periods that coincided with significant sociopolitical transformations in Hispanic society. Through an intercultural approach to literary studies, social history, and religious studies, this project develops an original paradigm of Hispanic Orientalism, derived from the image of the reinvented Semitic Other portrayed in the literary works depicting the relationship between the hegemonic and the subaltern cultures during the Reconquest period in Spain. Then, it traces the turn of the original paradigm towards reinterpretation during its transatlantic migration to Latin America through the analysis of the chronicles and travelogs of the first colonizers and explorers. During the transitional late colonial and early Independence periods Latin America sees a significant change in the discourse of powers, and Hispanic Orientalism reflects this oscillation between the past and the present therough the works of the Latin American authors from the seventeenth to the nineteenth centuries. Finally, once the non-imperial discourse of power established itself in the former Colony, a new modern stage in the development of Hispanic Orientalist paradigm takes place. It is marked by the desire to differentiate itself from the O(o)thers, as manifested in the works of the representatives of Modernism and the Boom.^

Hispanic Orientalism: The Literary Development of a Cultural Paradigm, from Medieval Spain to Modern Latin America

This dissertation offers a novel approach to Hispanic Orientalism, developing a dynamic paradigm from its origins in medieval and Renaissance Iberia during the process of the Christian Reconquest, to its transatlantic migration and establishment in the early years of the Colony, from where it changed in late colonial and post-Independence Latin America, and onto modernity. The study argues that Hispanic Orientalism does not necessarily imply a negative depiction of the Other, a quality associated with the traditional critique of Saidian Orientalism. Neither, does it entirely comply with the positivist approach suggested in the theoretical research of Said’s opponents, like Julia Kushigian. This dissertation also argues that sociopolitical changes and the shift in the discourse of powers, from imperial to non-imperial, had a significant impact of the development of Hispanic Orientalism, shaping the relationship with the Other. The methodology involves close reading of representative texts depicting the interactions of the dominant and dominated societies from each of the four historic periods that coincided with significant sociopolitical transformations in Hispanic society. Through an intercultural approach to literary studies, social history, and religious studies, this project develops an original paradigm of Hispanic Orientalism, derived from the image of the reinvented Semitic Other portrayed in the literary works depicting the relationship between the hegemonic and the subaltern cultures during the Reconquest period in Spain. Then, it traces the turn of the original paradigm towards reinterpretation during its transatlantic migration to Latin America through the analysis of the chronicles and travelogs of the first colonizers and explorers. During the transitional late colonial and early Independence periods Latin America sees a significant change in the discourse of powers, and Hispanic Orientalism reflects this oscillation between the past and the present therough the works of the Latin American authors from the seventeenth to the nineteenth centuries. Finally, once the non-imperial discourse of power established itself in the former Colony, a new modern stage in the development of Hispanic Orientalist paradigm takes place. It is marked by the desire to differentiate itself from the O(o)thers, as manifested in the works of the representatives of Modernism and the Boom.

Investigation of Manganese rich river pebbles from Poland and Austria

The author is studying various manganese coated river pebbles which had been given to him for evaluating their chemical properties. Samples were provided for the confluence of the Vistula and the Dunajec river in Poland by Mr. W. Petraschek. Other samples had been acquired earlier from Pr. A. Fraunhofer in the river bed of the Enns river near the town of Ernsthofen in Austria.

Immigration in Spain: Integration with Feet of Clay?

The aim of the paper is to analyze the impact of the economic crisis on the integration of the immigrant population in Spain. The Spanish case is singular because during the years of intense immigration achieved a remarkable degree of socio-cultural integration. The paper argues that such integration it has been the result of the confluence of exceptional factors rather than the result of the policy making. From a mixed methodology approach, it shows that, during the period of expansion, two factors of the immigration contribute to their coexistence with native population: finding job and access to public services. But the economic crisis, with its impact in terms of job losses and austerity policies, expose the weaknesses of the Spanish model of integration.

Quintus Curtius before his sources: the episode of Alexander and the Scythians on the Tanais

Quintus Curtius found in his sources a speech where a Scythian censured Alexander, followed by the King’s reply. Curtius drastically abridged this second discourse in order to highlight the criticism of the Macedonian. The Scythian’s words have a striking rhetorical language and some allusions taken from Greek literature, in addition to possible indirect references to Caligula. Curtius declares that he follows his source word-for-word aiming to justify these inconsistencies, but also trying to hide the manipulations he has done to achieve his own narrative purposes.

THE HEALTH OF YOUNG ADULTS WITH DISABILITIES IN THE UNITED STATES: THE COLLECTIVE ROLES OF RISK FACTORS IN SOCIAL ECOLOGIC FRAMEWORK

Background: Over the last few decades, the prevalence of young adults with disabilities (YAD) has steadily risen as a result of advances in medicine, clinical treatment, and biomedical technologythat enhanced their survival into adulthood. Despite investments in services, family supports, and insurance, they experience poor health status and barriers to successful transition into adulthood. Objectives: We investigated the collective roles of multi-faceted factors at intrapersonal, interpersonal and community levels within the social ecological framework on health related outcome including self-rated health (SRH) of YAD. The three specific aims are: 1) to examine sociodemographic differences and health insurance coverage in adolescence; 2) to investigate the role of social skills in relationships with family and peers developed in adolescence; and 3) to collectively explore the association of sociodemographic characteristics, social skills, and community participation in adolescence on SRH. Methods: Using longitudinal data (N=5,020) from the National Longitudinal Transition Study (NLTS2), we conducted multivariate logistic regression analyses to understand the association between insurance status as well as social skills in adolescence and YAD’s health related outcomes. Structural equation modeling (SEM) assessed the confluence of multi-faceted factors from the social ecological model that link to health in early adulthood. Results: Compared with YAD who had private insurance, YAD who had public health insurance in adolescence are at higher odds of experiencing poorer health related outcomes in self-rated health [adjusted odds ratio (aOR=2.89, 95% confidence interval (CI): 1.16, 7.23), problems with health (aOR=2.60, 95%CI: 1.26, 5.35), and missing social activities due to health problems (aOR=2.86, 95%CI: 1.39, 5.85). At the interpersonal level, overall social skills developed through relationship with family and peers in adolescence do not appear to have association with health related outcomes in early adulthood. Finally, at the community level, community participation in adolescence does not have an association with SRH in early adulthood. Conclusions: Having public health insurance coverage does not equate to good health. YAD need additional supports to achieve positive health outcomes. The findings in social skills and community participation suggest other potential factors may be at play for health related outcomes for YAD and the need for further investigation.

Technology, mining methods and landscapes of a placer mining district in Fairbanks, Alaska, 1900-1930

Placer miners in Alaska’s interior were part of the last great gold rush in North America. As word of gold in the Fairbanks Mining District traveled down the Yukon River, a wave of miners from the Klondike placer fields in Dawson, along with a assortment of speculators and inexperienced green horns from the Lower 48 converged on the confluence of the Tanana and Chena rivers hoping to strike it rich. The steamers coming from Dawson were integral; they carried miners with experience working the frozen subarctic placer deposits of the Klondike. These miners encountered new environmental challenges that required the development of new technologies and mining methods to efficiently harvest gold. These methods and machines were brought into Fairbanks and further perfected to account for the local conditions. This thesis describes the local mining technologies and methods employed in the Fairbanks district and the landscape patterns created during the placer mining boom years of 1903-1909, decline years of 1910-1923 and recovery of 1923-1930.

Australian data breach notification : avoiding the State/Federal overlap

Mandatory data breach notification has become a matter of increasing concern for law reformers. In Australia, this issue was recently addressed as part of a comprehensive review of privacy law conducted by the Australian Law Reform Commission (ALRC) which recommended a uniform national regime for protecting personal information applicable to both the public and private sectors. As in all federal systems, the distribution of powers between central and state governments poses problems for national consistency. In the authors’ view, a uniform approach to mandatory data breach notification has greater merit than a ‘jurisdiction specific’ approach epitomized by US state-based laws. The US response has given rise to unnecessary overlaps and inefficiencies as demonstrated by a review of different notification triggers and encryption safe harbors. Reviewing the US response, the authors conclude that a uniform approach to data breach notification is inherently more efficient.