929 resultados para legal aspect


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Data are presented from the EISCAT CP-3-E experiment which show the presence of non-thermal plasma over a range of latitudes. The O+ ion-velocity distribution function is almost toroidal when the electric field reaches values of 125 mV m−1. The ion temperature derived from such data assuming a Maxwellian distribution function will overestimate the true ion temperature when the observing angle is large with respect to the magnetic field, and underestimate the temperature when the aspect angle is small. When the expressions for the distribution function are extended to include mixed ion composition, an improvement is sometimes found in fitting the observed data, and estimates of the composition can be made. Such an analysis suggests that N2+ can occasionally form a significant part of the total ion density in a narrow height region centred at 275 km.

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Data are presented from the EISCAT (European Incoherent Scatter (Facility)) CP-3-E experiment which show large increases in the auroral zone convection velocities (>2 km s−1) over a wide range of latitudes. These are larger than the estimated neutral thermal speed and allow a study of the plasma in a nonthermal state over a range of observing angles. Spectra are presented which show a well-defined central peak, consistent with an ion velocity distribution function which significantly departs from a Maxwellian form. As the aspect angle decreases, the central peak becomes less obvious. Simulated spectra, derived using theoretical expressions for the O+ ion velocity distribution function based on the generalized relaxation collision model, are compared with the observations and show good first-order, qualitative agreement. It is shown that ion temperatures derived from the observations, with the assumption of a Maxwellian distribution function, are an overestimate of the true ion temperature at large aspect angles and an underestimate at low aspect angles. The theoretical distribution functions have been included in the “standard” incoherent scatter radar analysis procedure, and attempts have been made to derive realistic ionospheric parameters from nonthermal plasma observations. If the expressions for the distribution function are extended to include mixed ion composition, a significant improvement is found in fitting some of the observed spectra, and estimates of the ion composition can be made. The non-Maxwellian analysis of the data revealed that the spectral shape distortion parameter, D*, was significantly higher in this case for molecular ions than for atomic ions in a thin height slab roughly 40 km thick. This would seem unlikely if the main molecular ions present were NO+. We therefore suggest that N2+ formed a significant proportion of the molecular ions present during these observations.

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Recent observations with the EISCAT incoherent scatter radar have shown large rises in dayside, auroral plasma velocities (>2 km s^{−1}) over a wide range of latitudes and lasting about an hour. These are larger than the neutral thermal speed, and allow, for the first time, observations of a non-thermal plasma over a range of observing angles, revealing a clear angular dependence. The observed ion temperature anisotropy, deduced by assuming a Maxwellian line-of-sight ion velocity distribution, is at least 1.75, which exceeds the theoretical value for a bi-Maxwellian based on a realistic ion-neutral collision model. The aspect angle dependence of the signal spectra also indicates non-Maxwellian plasma.

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This book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin’s interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

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This article explores the role of women's inheritance and ownership of property in urban Senegal. It shows how being able to inherit and own property promotes the economic and emotional security of widows and their children in urban areas, and discusses the challenges posed by legal pluralism in working on poverty alleviation and social protection in the city.

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Drawing on the research I undertook into the life of Gwyneth Bebb, who in 1913 challenged the Law Society of England and Wales for their refusal to admit women to the solicitors’ profession, this article focuses on the range of sources one might use to explore the lives of women in law, about whom there might be a few public records but little else, and on the ways in which sources, even official ones, might be imaginatively used. It traces the research process from the case that inspired the research (Bebb v The Law Society [1914] 1 Ch 286) through to the creation of an entry in the Oxford Dictionary of National Biography and what this means for women’s history, emphasising the importance of asking the ‘woman question’ and seeking out the broader significance of a woman’s life in the context of her times.

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Drawing on BBC archival documentation, this article outlines how BBC television versions of Beckett’s plays were affected by copyright. Rights to record and broadcast original drama for the screen differ from those governing adaptations of existing theatre plays. Rights can be assigned for specific territories and periods of time, and are negotiated and traded via complex contractual agreements. Examining how Beckett’s agents and the BBC dealt with rights sheds new light on the history of his work on television.

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This article explores the precarious status of Eritrean and Sudanese nationals in Israel. Having crossed the Israeli-Egyptian border without authorisation and not through an official border crossing, Israeli law defines such individuals as ‘infiltrators’, a charged term which dates back to border-crossings into Israel by Palestinian Fedayeen in the 1950s. Eritreans and Sudanese nationals constitute over 90 percent of ‘infiltrators’ in Israel. Their livelihood is curtailed through hostility, sanctions, and detention, while (at the time of writing) Israel refrains from deporting them to their respective countries of origin, recognising that such forced removal could expose them to risks to their lives and/or freedom. Israel was the 10th state to ratify the 1951 Refugee Convention, and has acceded to its 1967 Protocol which removed the 1951 Convention’s temporal and geographic restrictions, yet it has not incorporated these treaties into its domestic law not has it enacted primary legislation that sets eligibility criteria for ‘refugee’ status and regulates the treatment of asylum-seekers. Israeli law also fails to accord subsidiary protection status to persons that the state considers to be non-removable, whether or not they satisfy the definition of a ‘refugee’ under the 1951 Convention. Absent legal recognition of ‘refugee’, ‘asylum-seeker’, and ‘beneficiary of subsidiary protection’ statuses, Eritreans and Sudanese nationals are left in legal limbo for an indefinite period qua irregular non-removable persons. This article takes stock of their legal predicament.

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This study investigates the possibility of native-like ultimate attainment by analyzing L2 knowledge of aspect as seen in the Preterit/Imperfect contrast of highly successful English L2 learners of Portuguese and Spanish. Building on innovative work by Montrul & Slabakova (2003) and Slabakova & Montrul (2003), we test knowledge of semantic entailments associated with the acquisition of [+/- perfective] features checked in higher AspP. Additionally, we investigate the possibility of a specific pattern of associated target-deviant L2 performance. We hypothesize that L2 performance can be affected by explicit positive evidence (pedagogical rules) despite otherwise demonstrable native-like competence. Indeed, the data reveal a pattern of target-deviant performance noted only in three specific contexts, all of which can be linked to traditional instruction: (a) with particular stative verbs not used in the Preterit (b) when preceded by certain adverbial phrases (e.g.,siempre) and (c) so-called semantic shifting verbs (e.g., sabía vs. supe).

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This article seeks to examine the cross-border legal recognition of same-sex relationships in the EU. Although the Member States maintain an exclusive competence in the field of family law and, thus, it is up to them to determine whether they will provide a legal status to same-sex couples within their territory, they need to exercise their powers in that field in a way that does not violate EU law. This, it is suggested, requires that Member States mutually recognize the legal status of same-sex couples and do not treat same-sex couples worse than opposite-sex couples, if the basis of the differentiation is, merely, the (homosexual) sexual orientation of the two spouses/partners. Nonetheless, the current legal framework does not make it clear that Member States are under such an obligation. The main argument of the article, therefore, is that the EU must adopt a more hands-on approach towards this issue.