Sample records for common law principles

  1. The Law and Catholic Schools: Approaching the New Millennium.

    ERIC Educational Resources Information Center

    Shaughnessy, Mary Angela

    The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

  2. Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability.

    PubMed

    Bagaric, Mirko; Erbacher, Sharon

    2011-06-01

    Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.

  3. The Role of Fisher Information Theory in the Development of Fundamental Laws in Physical Chemistry

    ERIC Educational Resources Information Center

    Honig, J. M.

    2009-01-01

    The unifying principle that involves rendering the Fisher information measure an extremum is reviewed. It is shown that with this principle, in conjunction with appropriate constraints, a large number of fundamental laws can be derived from a common source in a unified manner. The resulting economy of thought pertaining to fundamental principles…

  4. Australian tort law reform: statutory principles of causation and the common law.

    PubMed

    Mendelson, Danuta

    2004-05-01

    By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

  5. 12 CFR 308.24 - Scope of document discovery.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... the Constitution, any applicable act of Congress, or the principles of common law provide. (d) Time... be permitted, unless the administrative law judge finds on the record that good cause exists for...

  6. The venality of human body parts and products in French law and common law.

    PubMed

    Haoulia, Naima

    2012-03-01

    The successive bioethics laws in France have constantly argued that the human body is not for sale and consecrated an absolute principle of free and anonymous donations, whether of semen, ova, blood, tissues or organs. Nonetheless, this position is not shared by all countries. These legal divergences upset today our moral principles and the development of these practices leads us to question the legal status of human biological material and its gradual commodification. This paper outlines the current law principles that protect people's interests in their bodies, excised body parts and tissues without conferring the rights of full legal ownership in French law and in Common law. Contrary to what many people believe, people do not legally 'own' their bodies, body parts or tissues. However, they do have some legal rights in relation to their bodies and excised body material. For lawyers, the exact relationship people have with their bodies has raised a host of complex questions and long debates about the status we should grant to human body parts. The significance of this issue is due to two reasons:first, because of the imperative protection we have to assure to human dignity and then, because of the economic value which is attached to human products.

  7. Analysis of AFI 1-1 Government Neutrality Regarding Religion

    DTIC Science & Technology

    2013-03-01

    moral foundations of our fledgling republic. William Blackstone , arguably the enduring authority on western legal philosophy in common law, advanced... Blackstone wrote, “Thus when the Supreme Being formed the Universe, and created matter out of nothing, He impressed certain principles upon that...matter, from which it can never depart, and without which it would cease to be.” These principles to which Blackstone refers are “the Law of Nature

  8. Legal principles of confidentiality and other public interests: Part 1.

    PubMed

    Fullbrook, Suzanne

    The principles of confidentiality are of paramount importance to nurses and all health professionals. This is explicitly so as the Common Law recognizes confidentiality and supports its importance. However, current practice must take cognizance of the realities of 21st century healthcare delivery - we live in an age of electronic data that is potentially very difficult to keep secret. New rules, protocols and guidelines are being formulated, and regulatory bodies such as the Nursing and Midwifery Council (NMC) reflect such rules in their codes of professional conduct. There is, however, a debate that is suggesting that the rules that relate to confidentiality may need to expand or even bend a little as innovate ways of obtaining, storing, utilizing and communicating data continue to occupy the minds of government and those who formulate legal principles (British Medical Association, 2005). This series of three articles will explore these issues. The first part is a review of case law that explores the fundamental legal principles that underpin confidentiality. The second will concentrate on a review of the guidelines that are to be found in professional regulatory documentation - the NMC and the General Medical Council as they relate to the legal principles. The third and last part will review and reflect on issues that relate expressly to the implementation of electronic patient records, with a review of appropriate statutory legislation and principles of common law.

  9. Gelada vocal sequences follow Menzerath's linguistic law.

    PubMed

    Gustison, Morgan L; Semple, Stuart; Ferrer-I-Cancho, Ramon; Bergman, Thore J

    2016-05-10

    Identifying universal principles underpinning diverse natural systems is a key goal of the life sciences. A powerful approach in addressing this goal has been to test whether patterns consistent with linguistic laws are found in nonhuman animals. Menzerath's law is a linguistic law that states that, the larger the construct, the smaller the size of its constituents. Here, to our knowledge, we present the first evidence that Menzerath's law holds in the vocal communication of a nonhuman species. We show that, in vocal sequences of wild male geladas (Theropithecus gelada), construct size (sequence size in number of calls) is negatively correlated with constituent size (duration of calls). Call duration does not vary significantly with position in the sequence, but call sequence composition does change with sequence size and most call types are abbreviated in larger sequences. We also find that intercall intervals follow the same relationship with sequence size as do calls. Finally, we provide formal mathematical support for the idea that Menzerath's law reflects compression-the principle of minimizing the expected length of a code. Our findings suggest that a common principle underpins human and gelada vocal communication, highlighting the value of exploring the applicability of linguistic laws in vocal systems outside the realm of language.

  10. Contractual considerations in veterinary practice.

    PubMed

    Grossman, M R; Scoggins, G A

    1993-09-01

    Veterinary medicine is a profession based on contract. Many aspects of veterinary practice involve legally enforceable contract obligations. Legal rules established by statutes or court cases govern contract formation, interpretation, and enforcement. This article explains several legal principles governing contract law and applies some of these principles to common contractual settings in veterinary medicine.

  11. Music Learning: Greater than the Sum of Its Parts.

    ERIC Educational Resources Information Center

    Zentz, Donald M.

    1992-01-01

    Discusses that Gestalt principles are especially well suited to teaching music. Identifies the laws of proximity, similarity, common direction, and simplicity in the notation system. Suggests that music teachers use these principles by following a logical progression to teach students to improve musical skills, solve problems, and think in…

  12. Free Fall and the Equivalence Principle Revisited

    ERIC Educational Resources Information Center

    Pendrill, Ann-Marie

    2017-01-01

    Free fall is commonly discussed as an example of the equivalence principle, in the context of a homogeneous gravitational field, which is a reasonable approximation for small test masses falling moderate distances. Newton's law of gravity provides a generalisation to larger distances, and also brings in an inhomogeneity in the gravitational field.…

  13. Compression as a Universal Principle of Animal Behavior

    ERIC Educational Resources Information Center

    Ferrer-i-Cancho, Ramon; Hernández-Fernández, Antoni; Lusseau, David; Agoramoorthy, Govindasamy; Hsu, Minna J.; Semple, Stuart

    2013-01-01

    A key aim in biology and psychology is to identify fundamental principles underpinning the behavior of animals, including humans. Analyses of human language and the behavior of a range of non-human animal species have provided evidence for a common pattern underlying diverse behavioral phenomena: Words follow Zipf's law of brevity (the…

  14. Gelada vocal sequences follow Menzerath’s linguistic law

    PubMed Central

    Gustison, Morgan L.; Semple, Stuart; Ferrer-i-Cancho, Ramon; Bergman, Thore J.

    2016-01-01

    Identifying universal principles underpinning diverse natural systems is a key goal of the life sciences. A powerful approach in addressing this goal has been to test whether patterns consistent with linguistic laws are found in nonhuman animals. Menzerath’s law is a linguistic law that states that, the larger the construct, the smaller the size of its constituents. Here, to our knowledge, we present the first evidence that Menzerath’s law holds in the vocal communication of a nonhuman species. We show that, in vocal sequences of wild male geladas (Theropithecus gelada), construct size (sequence size in number of calls) is negatively correlated with constituent size (duration of calls). Call duration does not vary significantly with position in the sequence, but call sequence composition does change with sequence size and most call types are abbreviated in larger sequences. We also find that intercall intervals follow the same relationship with sequence size as do calls. Finally, we provide formal mathematical support for the idea that Menzerath’s law reflects compression—the principle of minimizing the expected length of a code. Our findings suggest that a common principle underpins human and gelada vocal communication, highlighting the value of exploring the applicability of linguistic laws in vocal systems outside the realm of language. PMID:27091968

  15. Giving a Candid Appraisal of an Applicant: What Is the Risk of Liability for Defamation?

    ERIC Educational Resources Information Center

    Uerling, Donald F.

    This paper outlines the law of defamation as it pertains to those written and oral communications of reference that are commonly made by professionals in educational administration. Although this body of law varies from state to state, the basic principles are generally applicable. After an introduction, the first section defines defamation and…

  16. 12 CFR 1780.26 - Discovery.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Constitution, any applicable act of Congress, or the principles of common law. (e) Time limits. All discovery... the presiding officer finds on the record that good cause exists for waiving the requirements of this...

  17. 12 CFR 263.24 - Scope of document discovery.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... the principles of common law provide. (d) Time limits. All discovery, including all responses to... finds on the record that good cause exists for waiving the requirements of this paragraph. [56 FR 38052...

  18. Mental Health Nursing, Mechanical Restraint Measures and Patients’ Legal Rights

    PubMed Central

    Birkeland, Soren; Gildberg, Frederik A.

    2016-01-01

    Coercive mechanical restraint (MR) in psychiatry constitutes the perhaps most extensive exception from the common health law requirement for involving patients in health care decisions and achieving their informed consent prior to treatment. Coercive measures and particularly MR seriously collide with patient autonomy principles, pose a particular challenge to psychiatric patients’ legal rights, and put intensified demands on health professional performance. Legal rights principles require rationale for coercive measure use be thoroughly considered and rigorously documented. This article presents an in-principle Danish Psychiatric Complaint Board decision concerning MR use initiated by untrained staff. The case illustrates that, judicially, weight must be put on the patient perspective on course of happenings and especially when health professional documentation is scant, patients’ rights call for taking notice of patient evaluations. Consequently, if it comes out that psychiatric staff failed to pay appropriate consideration for the patient’s mental state, perspective, and expressions, patient response deviations are to be judicially interpreted in this light potentially rendering MR use illegitimated. While specification of law criteria might possibly improve law use and promote patients’ rights, education of psychiatry professionals must address the need for, as far as possible, paying due regard to meeting patient perspectives and participation principles as well as formal law and documentation requirements. PMID:27123152

  19. Law, ethics, and the clinical neurologist.

    PubMed

    Nora, Lois Margaret

    2013-01-01

    There is dynamic interplay between the disciplines of law and ethics, and the result is often laws and regulation that impact the practice of clinical neurology. This chapter explores how the disciplines of law and ethics inform and intersect with each other, and how resulting law impacts the everyday work of the clinical neurologist. Examples of how the core bioethical principles of nonmaleficence, beneficence, respect for autonomy, and justice are manifest in legislative, common, and administrative laws are presented. Examples of how these laws, in turn, impact the practice of neurology through protection of patient privacy, the avoidance of conflict of interest, and informed consent and other issues are offered. © 2013 Elsevier B.V. All rights reserved.

  20. Law and the sources of morality.

    PubMed Central

    Hinde, Robert A

    2004-01-01

    This paper argues that morality is a product of basic human psychological characteristics shaped over prehistorical and historical time by diachronic dialectical transactions between what individuals do and what they are supposed to do in the culture in which they live. Some principles are pancultural: individuals are motivated to look after their own interests, to be cooperative and kind to other group members and to look after their children. The moral precepts of every society are based on these principles, but may differ according to the vicissitudes that the society has experienced. Thus the basic principles can be seen as absolute; the precepts based on them may be specific to particular societies. Moral precepts, and the laws derived from them, are mostly such as to maintain the cohesion of the society, but some have been formulated to further the interests of those in power. The evidence suggests that laws have been developed, by common consent or by rulers, from generally accepted moral intuitions. In general, legal systems have been formulated to deal with the more extreme infringements of moral codes. Morality prescribes how people should behave; the law is concerned with how they should not. New laws, if not imposed by force, must generally be in tune with public conceptions of morality. PMID:15590610

  1. Law and the sources of morality.

    PubMed

    Hinde, Robert A

    2004-11-29

    This paper argues that morality is a product of basic human psychological characteristics shaped over prehistorical and historical time by diachronic dialectical transactions between what individuals do and what they are supposed to do in the culture in which they live. Some principles are pancultural: individuals are motivated to look after their own interests, to be cooperative and kind to other group members and to look after their children. The moral precepts of every society are based on these principles, but may differ according to the vicissitudes that the society has experienced. Thus the basic principles can be seen as absolute; the precepts based on them may be specific to particular societies. Moral precepts, and the laws derived from them, are mostly such as to maintain the cohesion of the society, but some have been formulated to further the interests of those in power. The evidence suggests that laws have been developed, by common consent or by rulers, from generally accepted moral intuitions. In general, legal systems have been formulated to deal with the more extreme infringements of moral codes. Morality prescribes how people should behave; the law is concerned with how they should not. New laws, if not imposed by force, must generally be in tune with public conceptions of morality.

  2. International trade and investment law: a new framework for public health and the common good.

    PubMed

    Delany, Louise; Signal, Louise; Thomson, George

    2018-05-08

    International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on complementary institutional reforms relevant to the United Nations and other international agencies. Advocacy by a range of communities is needed for effective change. Reform will require informed debate, determined engagement with decision-makers and stakeholders, and some agreement across health, social and environmental sectors on alternatives. Current frameworks of international law that govern trade and economic development need radical change, in relation to treaty processes, content, and contexts, to better attain public health objectives.

  3. The mass-action law based algorithm for cost-effective approach for cancer drug discovery and development.

    PubMed

    Chou, Ting-Chao

    2011-01-01

    The mass-action law based system analysis via mathematical induction and deduction lead to the generalized theory and algorithm that allows computerized simulation of dose-effect dynamics with small size experiments using a small number of data points in vitro, in animals, and in humans. The median-effect equation of the mass-action law deduced from over 300 mechanism specific-equations has been shown to be the unified theory that serves as the common-link for complicated biomedical systems. After using the median-effect principle as the common denominator, its applications are mechanism-independent, drug unit-independent, and dynamic order-independent; and can be used generally for single drug analysis or for multiple drug combinations in constant-ratio or non-constant ratios. Since the "median" is the common link and universal reference point in biological systems, these general enabling lead to computerized quantitative bio-informatics for econo-green bio-research in broad disciplines. Specific applications of the theory, especially relevant to drug discovery, drug combination, and clinical trials, have been cited or illustrated in terms of algorithms, experimental design and computerized simulation for data analysis. Lessons learned from cancer research during the past fifty years provide a valuable opportunity to reflect, and to improve the conventional divergent approach and to introduce a new convergent avenue, based on the mass-action law principle, for the efficient cancer drug discovery and the low-cost drug development.

  4. The mass-action law based algorithm for cost-effective approach for cancer drug discovery and development

    PubMed Central

    Chou, Ting-Chao

    2011-01-01

    The mass-action law based system analysis via mathematical induction and deduction lead to the generalized theory and algorithm that allows computerized simulation of dose-effect dynamics with small size experiments using a small number of data points in vitro, in animals, and in humans. The median-effect equation of the mass-action law deduced from over 300 mechanism specific-equations has been shown to be the unified theory that serves as the common-link for complicated biomedical systems. After using the median-effect principle as the common denominator, its applications are mechanism-independent, drug unit-independent, and dynamic order-independent; and can be used generally for single drug analysis or for multiple drug combinations in constant-ratio or non-constant ratios. Since the “median” is the common link and universal reference point in biological systems, these general enabling lead to computerized quantitative bio-informatics for econo-green bio-research in broad disciplines. Specific applications of the theory, especially relevant to drug discovery, drug combination, and clinical trials, have been cited or illustrated in terms of algorithms, experimental design and computerized simulation for data analysis. Lessons learned from cancer research during the past fifty years provide a valuable opportunity to reflect, and to improve the conventional divergent approach and to introduce a new convergent avenue, based on the mass-action law principle, for the efficient cancer drug discovery and the low-cost drug development. PMID:22016837

  5. 50 CFR 38.17 - General.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false General. 38.17 Section 38.17 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL... parts 25-32, and the general principles of common law. ...

  6. On the origins and foundations of Laplacian determinism.

    PubMed

    van Strien, Marij

    2014-03-01

    In this paper I examine the foundations of Laplace's famous statement of determinism in 1814, and argue that rather than derived from his mechanics, this statement is based on general philosophical principles, namely the principle of sufficient reason and the law of continuity. It is usually supposed that Laplace's statement is based on the fact that each system in classical mechanics has an equation of motion which has a unique solution. But Laplace never proved this result, and in fact he could not have proven it, since it depends on a theorem about uniqueness of solutions to differential equations that was only developed later on. I show that the idea that is at the basis of Laplace's determinism was in fact widespread in enlightenment France, and is ultimately based on a re-interpretation of Leibnizian metaphysics, specifically the principle of sufficient reason and the law of continuity. Since the law of continuity also lies at the basis of the application of differential calculus in physics, one can say that Laplace's determinism and the idea that systems in physics can be described by differential equations with unique solutions have a common foundation.

  7. Understanding the Magic of the Bicycle; Basic scientific explanations to the two-wheeler's mysterious and fascinating behavior

    NASA Astrophysics Data System (ADS)

    Connolly, Joseph W.

    The bicycle is a common, yet unique mechanical contraption in our world. In spite of this, the bike's physical and mechanical principles are understood by a select few. You do not have to be a genius to join this small group of people who understand the physics of cycling. This is your guide to fundamental principles (such as Newton's laws) and the book provides intuitive, basic explanations for the bicycle's behaviour. Each concept is introduced and illustrated with simple, everyday examples. Although cycling is viewed by most as a fun activity, and almost everyone acquires the basic skills at a young age, few understand the laws of nature that give magic to the ride. This is a closer look at some of these fun, exhilarating, and magical aspects of cycling. In the reading, you will also understand other physical principles such as motion, force, energy, power, heat, and temperature.

  8. Towards physics of neural processes and behavior

    PubMed Central

    Latash, Mark L.

    2016-01-01

    Behavior of biological systems is based on basic physical laws, common across inanimate and living systems, and currently unknown physical laws that are specific for living systems. Living systems are able to unite basic laws of physics into chains and clusters leading to new stable and pervasive relations among variables (new physical laws) involving new parameters and to modify these parameters in a purposeful way. Examples of such laws are presented starting from the tonic stretch reflex. Further, the idea of control with referent coordinates is formulated and merged with the idea of hierarchical control and the principle of abundance. The notion of controlled stability of behaviors is linked to the idea of structured variability, which is a common feature across living systems and actions. The explanatory and predictive power of this approach is illustrated with respect to the control of both intentional and unintentional movements, the phenomena of equifinality and its violations, preparation to quick actions, development of motor skills, changes with aging and neurological disorders, and perception. PMID:27497717

  9. On the Misuse of the Laplace Law in Bio Fluid Dynamics

    NASA Astrophysics Data System (ADS)

    Thatte, Azam

    2005-11-01

    The Laplace law is commonly applied in biomechanical analyses of blood vessels, lung alveoli, and the gastrointestinal tract, often without concern to assumptions that underlie its use. This ``law'' is a simple force balance applied across the wall of a static pressurized (δP) vessel for small thickness-to-radius ratio τ/r. However, the true thin-wall requirement is more severe than τ/r << 1. Furthermore, because the Laplace law estimates total stress rather than deviatoric stress, the common practice of evaluating material stiffness by plotting Laplace law stress against strain is, in principle, incorrect. To study the validity of the Laplace law in biomechanical applications, we solved exactly the model problem of an axisymmetric pressurized cylinder of arbitrary thickness, linearly elastic isotropic material, in steady state, with the no-load state (δP = 0) as the zero stress state. Vessel radii and all stresses (total, deviatoric, hydrostatic) are predicted as functions of δP. We find that the Laplace law is invalid for many biomechanical applications and that total stress is not an appropriate surrogate for deviatoric stress to evaluate stiffness. We propose a model for deviatoric stress that we argue should replace the Laplace law for many biomechanical applications.

  10. Las bases y fundamentos del derecho indigena del pueblo maya de Guatemala (The Foundations and Principles of Indigenous Rights of the Maya People of Guatemala).

    ERIC Educational Resources Information Center

    Tovar, Marcela; Chavajay, Miriam

    2000-01-01

    The Guatemalan peace accord recognizes the institutions and local authorities of indigenous peoples, as well as their customs, common lands, and the "customary right" (common law) that structures intracommunity relations. However, it is difficult to define "customary right" and its applications and limits. A systematic study of…

  11. 32 CFR 634.26 - Traffic law enforcement principles.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 4 2011-07-01 2011-07-01 false Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic law enforcement principles. (a) Traffic law enforcement should motivate drivers to operate vehicles...

  12. 32 CFR 634.26 - Traffic law enforcement principles.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic law enforcement principles. (a) Traffic law enforcement should motivate drivers to operate vehicles...

  13. Dynamic principle for ensemble control tools.

    PubMed

    Samoletov, A; Vasiev, B

    2017-11-28

    Dynamical equations describing physical systems in contact with a thermal bath are commonly extended by mathematical tools called "thermostats." These tools are designed for sampling ensembles in statistical mechanics. Here we propose a dynamic principle underlying a range of thermostats which is derived using fundamental laws of statistical physics and ensures invariance of the canonical measure. The principle covers both stochastic and deterministic thermostat schemes. Our method has a clear advantage over a range of proposed and widely used thermostat schemes that are based on formal mathematical reasoning. Following the derivation of the proposed principle, we show its generality and illustrate its applications including design of temperature control tools that differ from the Nosé-Hoover-Langevin scheme.

  14. 12 CFR 308.24 - Scope of document discovery.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 5 2014-01-01 2014-01-01 false Scope of document discovery. 308.24 Section 308.24 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF... the Constitution, any applicable act of Congress, or the principles of common law provide. (d) Time...

  15. 75 FR 6180 - Mission Statement; Secretarial China Clean Energy Business Development Mission; May 16-21, 2010

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-02-08

    ... addition, Hong Kong has an efficient, transparent legal system based on common law principles that offer... 2020. The current grid infrastructure system is unable to support greater electricity movement from... sector, including traditional transmission/distribution systems and smart grid technologies, offers huge...

  16. 32 CFR 11.4 - Applicable principles of law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Applicable principles of law. 11.4 Section 11.4... ELEMENTS FOR TRIALS BY MILITARY COMMISSION § 11.4 Applicable principles of law. (a) General intent. All... wrongful if it is done without justification or excuse cognizable under applicable law. The element of...

  17. [COMPARATIVE STUDY ON THE SECRET OF THE DONOR'S IDENTITY OF DONATED GAMETES].

    PubMed

    Tisseyre, Sandrine

    2015-07-01

    French law lies down a principle of anonymity of donated gametes. This principle is ignored by English law. Moreover, English law has established, few years ago, the contrary principle: the one of transparency of the donor's identity. This study of English law reports this evolution and its consequences.

  18. Towards physics of neural processes and behavior.

    PubMed

    Latash, Mark L

    2016-10-01

    Behavior of biological systems is based on basic physical laws, common across inanimate and living systems, and currently unknown physical laws that are specific for living systems. Living systems are able to unite basic laws of physics into chains and clusters leading to new stable and pervasive relations among variables (new physical laws) involving new parameters and to modify these parameters in a purposeful way. Examples of such laws are presented starting from the tonic stretch reflex. Further, the idea of control with referent coordinates is formulated and merged with the idea of hierarchical control and the principle of abundance. The notion of controlled stability of behaviors is linked to the idea of structured variability, which is a common feature across living systems and actions. The explanatory and predictive power of this approach is illustrated with respect to the control of both intentional and unintentional movements, the phenomena of equifinality and its violations, preparation to quick actions, development of motor skills, changes with aging and neurological disorders, and perception. Copyright © 2016 Elsevier Ltd. All rights reserved.

  19. [Decision procedures and international law].

    PubMed

    Mahiou, A

    1992-01-01

    This work examines the significance of international spaces in the ocean, the polar regions, the air, and beyond the atmosphere; the importance of their resources; and the prospects for communal management of them in the future. International spaces and resources are considered those over which 1 country cannot exercise any right of appropriation and over which all countries exercise exactly the same rights. International spaces are more extensive than national spaces, and their extension and potential richness of resources incite nations to attempt to exercise control over them. Concerns about the environment have contributed to development of the notion of a common patrimony of humanity and the consequent rejection of traditional concepts of total freedom of action of states in regard to common spaces and resources. The existing governance of international spaces and resources was guided by a few simple principles that assured free access, with only the problems of harmonizing the uses and interests of the concerned countries. The idea of a common patrimony of humanity is closely linked to development of the law of the sea, in which it received its most complete expression to date. The emergence and recognition of juridical principles relative to common spaces and resources has been a long and controversial process, and not all such principles have attracted the same degree of support among nations. Even when consensus has been achieved regarding 1 of the principles, divergent interpretations have been made concerning the content and scope of the principle or the regulations that should result from it. 6 principles can be identified concerning nonappropriation, the oldest and long the only principle regulating use of international spaces; peaceful utilization; rational utilization; equitable utilization; protection of spaces and resources; and joint international administration or management. An important question concerning the development of a structure for regulation of international spaces and resources is whether management should be institutional, which tends to favor collective control and decision making through an international mechanism, or contractual, which tends to favor individual countries in the absence of an international constraining mechanism. 4 aspects at stake in the international management of spaces and resources are the potential use of international spaces for military purposes. the unequal economic ability of countries to invest in and benefit from communal resources, their related unequal access to sophisticated technology, and the juridical arrangements themselves.

  20. Self and other in global bioethics: critical hermeneutics and the example of different death concepts.

    PubMed

    Zeiler, Kristin

    2009-06-01

    Our approach to global bioethics will depend, among other things, on how we answer the questions whether global bioethics is possible and whether it, if it is possible, is desirable. Our approach to global bioethics will also vary depending on whether we believe that the required bioethical deliberation should take as its principal point of departure that which we have in common or that which we have in common and that on which we differ. The aim of this article is to elaborate a theoretical underpinning for a bioethics that acknowledges the diversity of traditions and experiences without leading to relativism. The theoretical underpinning will be elaborated through an exploration of the concepts of sameness, otherness, self and other, and through a discussion of the conditions for understanding and critical reflection. Furthermore, the article discusses whether the principle of respect for the other as both the same and different can function as the normative core of this global bioethics. The article also discusses the New Jersey Death Definition Law and the Japanese Transplantation Law. These laws are helpful in order to highlight possible implications of the principle of respect for the other as both the same and different. Both of these laws open the door to more than one concept of death within one and the same legal system. Both of them relate preference for a particular concept of death to religious and/or cultural beliefs.

  1. The precautionary principle: is it safe.

    PubMed

    Gignon, Maxime; Ganry, Olivier; Jardé, Olivier; Manaouil, Cécile

    2013-06-01

    The precautionary principle is generally acknowledged to be a powerful tool for protecting health but it was originally invoked by policy makers for dealing with environmental issues. In the 1990s, the principle was incorporated into many legislative and regulatory texts in international law. One can consider that the precautionary principle has turned into "precautionism" necessary to prove to the people, taking account of risk in decisions. There is now a risk that these abuses will deprive the principle of its meaning and value. When pushed to its limits, the precautionary principle can even be dangerous when applied to the healthcare field. This is why a critical analysis of the principle is necessary. Through the literature, it sometimes seems to deviate somehow from the essence of the precautionary principle as it is commonly used in relation to health. We believe that educational work is necessary to familiarize professionals, policy makers and public opinion of the precautionary principle and avoid confusion. We propose a critical analysis of the use and misuse of the precautionary principle.

  2. 26 CFR 1.50A-3 - Recomputation of credit allowed by section 40.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... (h) of § 1.50B-1) if the employment relationship (as determined under common law principles) has... a termination of the employment relationship between the taxpayer and any WIN employee. (2) Failure..., or experience. However, there must be a reasonable relationship between the lower wages or salary of...

  3. Carbon Footprint Calculations: An Application of Chemical Principles

    ERIC Educational Resources Information Center

    Treptow, Richard S.

    2010-01-01

    Topics commonly taught in a general chemistry course can be used to calculate the quantity of carbon dioxide emitted into the atmosphere by various human activities. Each calculation begins with the balanced chemical equation for the reaction that produces the CO[subscript 2] gas. Stoichiometry, thermochemistry, the ideal gas law, and dimensional…

  4. 12 CFR 747.24 - Scope of document discovery.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... act of Congress, or the principles of common law provide. (d) Time limits. All discovery, including... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Scope of document discovery. 747.24 Section 747... of Practice and Procedure § 747.24 Scope of document discovery. (a) Limits on discovery. (1) Subject...

  5. [The federal participation law : New requirements for needs assessment with special emphasis on medical rehabilitation services].

    PubMed

    Schubert, Michael; Schian, Marcus; Viehmeier, Sarah

    2016-09-01

    The federal participation law (Bundesteilhabegesetz - BTHG) is one of the largest efforts in the last 15 years to reform the legal participation rights of people with disabilities. In particular, a number of enhancements are planned in the overall benefits law in Part 1 of Book IX in the Social Code (Sozialgesetzbuch - SGB), which applies to all rehabilitation carriers including general provisions and standards for needs assessment. This paper deals with the implications of these provisions and interacting standards, based on the draft bill of April 2016.The discussion takes place against the background of the regulatory objectives formulated in the ministerial draft itself, jurisprudential expertise on the effects of the current legal norms of the SGB IX as well as relevant professional political developments and statements by various stakeholders.The analysis shows a clear political commitment to increase the requirements for needs assessment in the overall law of the SGB IX and to express these more effectively. The draft bill seeks not only to modify procedures subsequent to the application for rehabilitation benefits, but also to precisely set out provisions on instruments for needs assessment in a new § 13. Common principles for these instruments of needs assessment should increase the cooperation, coordination and convergence among rehabilitation carriers.Nevertheless, with regard to the proposed regulatory texts, there is doubt that the objectives set by the draft bill itself will be achieved. For example, the required common principles for needs assessment are to be agreed upon based on the existing special legislation for the different rehabilitation carriers, without the SGB IX setting its own binding standards or framework principles. In addition, it lacks clear legal guidelines for the professional practice to make use of the bio-psycho-social model of the WHO and the ICF in the process of needs assessment. As a consequence the ICF cannot serve as a legally standardized reference point.

  6. LeChâtelier's Principle in the Sciences

    NASA Astrophysics Data System (ADS)

    Thomsen, Volker B. E.

    2000-02-01

    LeChâtelier's principle of chemical equilibrium is actually a very general statement about systems in equilibrium and their behavior when subjected to external force or stress. Although one almost never finds mention of his name or law in other sciences, analogous principles and concepts do exist. In this note we examine some of the similar forms taken by this chemical principle in the fields of physics, geology, biology, and economics. Lenz's law in physics is an example of electromagnetic equilibrium and the geological principle of isostatic uplift concerns mechanical equilibrium. Both are strictly consequences of conservation of energy. LeChâtelier's principle deals with thermodynamic equilibrium and involves both the first and second laws of thermodynamics. The concept of homeostasis in biology and the economic law of supply and demand are both equilibrium-like principles, but involve systems in the steady state. However, all these principles involve the stability of the system under consideration and the analogies presented may be useful in the teaching of LeChâtelier's principle.

  7. South African Public School Teachers' Views on Right to Discipline Learners

    ERIC Educational Resources Information Center

    Segalo, Letlhoyo; Rambuda, Awelani Melvin

    2018-01-01

    In South Africa, the common law principle of "in loco parentis" entitles teachers, as the guardians in the school environment, to discipline learners. However, in view of new legislation advancing children's rights, it is unclear as to the extent to which teachers can or do enact the "loco parentis" role. This study employed a…

  8. Ionising radiation risk disclosure: When should radiographers assume a duty to inform?

    PubMed

    Younger, C W E; Douglas, C; Warren-Forward, H

    2018-05-01

    Autonomy is a fundamental patient right for ethical practice, and informed consent is the mechanism by which health care professionals ensure this right has been respected. The ethical notion of informed consent has evolved alongside legal developments. Under Australian law, a provider who fails to disclose risk may be found to be in breach of a duty of disclosure, potentially facing legal consequences if the patient experiences harm that is attributable to an undisclosed risk. These consequences may include the common law tort of negligence. Ionising radiation, in the form of a medical imaging examination, has the potential to cause harm. However, stochastic effects cannot be attributable to a specific ionising radiation event. What then is the role of the Australian medical imaging service provider in disclosing ionising radiation risk? The ethical and legal principles of informed consent, and the duty of information provision to the patient are investigated. These general principles are then applied to the specific and unusual case of ionising radiation, and what responsibilities apply to the medical imaging provider. Finally, the legal, professional and ethical duties of the radiographer to disclose information to their patients are investigated. Australian law is unclear as to whether a radiographer has a common law responsibility to disclose radiation risk. There is ambiguity as to whether stochastic ionising radiation risk could be considered a legal disclosure responsibility. While it is unlikely that not disclosing risk will have medicolegal consequences, doing so represents sound ethical practice. Copyright © 2017 The College of Radiographers. Published by Elsevier Ltd. All rights reserved.

  9. Revaluation of the concept of the human condition and the common heritage of mankind: Keys to the social benefits of space technology

    NASA Astrophysics Data System (ADS)

    Cocca, Aldo Armando

    Men may do many things, but they must never forget the human condition in any act or relation with a fellow human being. Space Law has vindicated the supreme value of man as a legal subject par excellence. The dignity of the human being is a value that rates above any scientific or technological advance. A benefit, by definition and derivation, is anything contributing to an improvement in a condition. Social benefits pertain only to human beings, who are their sole beneficiaries. Developing countries are young nations that through their international relations may, and indeed must, realize the benefits of space technology. The principle of the "common heritage of Mankind" was created to satisfy the aspirations of all peoples and to meet the needs of both industrialized and developing countries. Only a groundless fear and lack of vision of the future can induce governments to delay its implementation. We must not forget that the concept was transformed into a principle of international positive law by the unanimous decision of the international community, which enshrined it in the Moon Agreement. The social and individual responsibility of the scientist is becoming even more clearly defined, and scientists play an important role in the conduct of nations. Through education, including education in the humanities and a graduation pledge, the scientist has embarked on the road leading to an active presence in society, facing his responsibility. Inter-generational equity contributes to strengthening the concept of the human condition and the legal principle of the common heritage of mankind.

  10. Technological integration and hyperconnectivity: Tools for promoting extreme human lifespans

    NASA Astrophysics Data System (ADS)

    Kyriazis, Marios

    2015-07-01

    Artificial, neurobiological, and social networks are three distinct complex adaptive systems (CAS), each containing discrete processing units (nodes, neurons, and humans respectively). Despite the apparent differences, these three networks are bound by common underlying principles which describe the behaviour of the system in terms of the connections of its components, and its emergent properties. The longevity (long-term retention and functionality) of the components of each of these systems is also defined by common principles. Here, I will examine some properties of the longevity and function of the components of artificial and neurobiological systems, and generalise these to the longevity and function of the components of social CAS. In other words, I will show that principles governing the long-term functionality of computer nodes and of neurons, may be extrapolated to the study of the long-term functionality of humans (or more precisely, of the noemes, an abstract combination of existence and digital fame). The study of these phenomena can provide useful insights regarding practical ways that can be used in order to maximize human longevity. The basic law governing these behaviours is the Law of Requisite Usefulness, which states that the length of retention of an agent within a CAS is proportional to the contribution of the agent to the overall adaptability of the system. Key Words: Complex Adaptive Systems, Hyper-connectivity, Human Longevity, Adaptability and Evolution, Noeme

  11. Learning physics in a water park

    NASA Astrophysics Data System (ADS)

    Cabeza, Cecilia; Rubido, Nicolás; Martí, Arturo C.

    2014-03-01

    Entertaining and educational experiments that can be conducted in a water park, illustrating physics concepts, principles and fundamental laws, are described. These experiments are suitable for students ranging from senior secondary school to junior university level. Newton’s laws of motion, Bernoulli’s equation, based on the conservation of energy, buoyancy, linear and non-linear wave propagation, turbulence, thermodynamics, optics and cosmology are among the topics that can be discussed. Commonly available devices like smartphones, digital cameras, laptop computers and tablets, can be used conveniently to enable accurate calculation and a greater degree of engagement on the part of students.

  12. The Conservation Principles and Kepler's Laws of Planetary Motion

    ERIC Educational Resources Information Center

    Motz, Lloyd

    1975-01-01

    Derives Kepler's three laws of planetary motion algebraically from conservation principles without introducing Newton's law of force explicitly. This procedure can be presented to students who have had no more than high school algebra. (Author)

  13. 26 CFR 1.1502-80 - Applicability of other provisions of law.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... percent and 20 percent, respectively, of X's stock. X is a domestic corporation but is not a member of the...-abuse rule—(i) General rule. If a taxpayer engages in a transaction to which section 362(e)(2) would... principle of the anti-abuse rule in this paragraph (h)(2). Example. (A) Facts. P, the common parent of a...

  14. Elementary Concepts and Fundamental Laws of the Theory of Heat

    NASA Astrophysics Data System (ADS)

    de Oliveira, Mário J.

    2018-06-01

    The elementary concepts and fundamental laws concerning the science of heat are examined from the point of view of its development with special attention to its theoretical structure. The development is divided into four periods, each one characterized by the concept that was attributed to heat. The transition from one to the next period was marked by the emergence of new concepts and new laws, and by singular events. We point out that thermodynamics, as it emerged, is founded on the elementary concepts of temperature and adiabatic wall, and on the fundamental laws: Mayer-Joule principle, or law of conservation of energy; Carnot principle, which leads to the definition of entropy; and the Clausius principle, or law of increase in entropy.

  15. Elementary Concepts and Fundamental Laws of the Theory of Heat

    NASA Astrophysics Data System (ADS)

    de Oliveira, Mário J.

    2018-03-01

    The elementary concepts and fundamental laws concerning the science of heat are examined from the point of view of its development with special attention to its theoretical structure. The development is divided into four periods, each one characterized by the concept that was attributed to heat. The transition from one to the next period was marked by the emergence of new concepts and new laws, and by singular events. We point out that thermodynamics, as it emerged, is founded on the elementary concepts of temperature and adiabatic wall, and on the fundamental laws: Mayer-Joule principle, or law of conservation of energy; Carnot principle, which leads to the definition of entropy; and the Clausius principle, or law of increase in entropy.

  16. Stopping Murder by Medicine: Introducing the Model Law on Medicine Crime

    PubMed Central

    Attaran, Amir

    2015-01-01

    The iatrogenic pandemic of untreated illness related to falsified and substandard medicines is intolerable, but has a logical explanation: in many countries, inadequate laws make it barely illegal to manufacture or distribute poor-quality medicines. The law hardly punishes those who intentionally or recklessly deal in falsified or substandard medicine, when clearly it should criminalize these perpetrators in proportion to the grievous—even fatal—injury they inflict on public health. To solve this omission, this article presents a new Model Law on Medicine Crime, which countries may freely use as a template for strengthening their national laws. The Model Law includes criminal prohibitions against manufacturing, trafficking, or selling poor-quality medicines; principles for appropriately punishing offenders; special provisions for Internet-based medicine crimes; tools for encouraging whistle-blowers to cooperate with law enforcement; incentives for developing governments to strengthen their drug regulatory capacity; and important exceptions to prevent the law being abused, such as to prevent the prosecution of legitimate medical researchers or to prevent good-quality generic medicines being seized while in transit. The Model Law is discussed and explained and is offered free of charge under a Creative Commons license to any governments wanting to implement it. PMID:25897071

  17. Study of the Conservation of Mechanical Energy in the Motion of a Pendulum Using a Smartphone

    ERIC Educational Resources Information Center

    Pierratos, Theodoros; Polatoglou, Hariton M.

    2018-01-01

    A common method that scientists use to validate a theory is to utilize known principles and laws to produce results on specific settings, which can be assessed using the appropriate experimental methods and apparatuses. Smartphones have various sensors built-in and could be used for measuring and logging data in physics experiments. In this work,…

  18. 32 CFR 634.26 - Traffic law enforcement principles.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2013-07-01 2013-07-01 false Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

  19. 32 CFR 634.26 - Traffic law enforcement principles.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2012-07-01 2011-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

  20. 32 CFR 634.26 - Traffic law enforcement principles.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... safely within traffic laws and regulations and maintain an effective and efficient flow of traffic... 32 National Defense 4 2014-07-01 2013-07-01 true Traffic law enforcement principles. 634.26... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.26 Traffic...

  1. Teaching the principles of statistical dynamics

    PubMed Central

    Ghosh, Kingshuk; Dill, Ken A.; Inamdar, Mandar M.; Seitaridou, Effrosyni; Phillips, Rob

    2012-01-01

    We describe a simple framework for teaching the principles that underlie the dynamical laws of transport: Fick’s law of diffusion, Fourier’s law of heat flow, the Newtonian viscosity law, and the mass-action laws of chemical kinetics. In analogy with the way that the maximization of entropy over microstates leads to the Boltzmann distribution and predictions about equilibria, maximizing a quantity that E. T. Jaynes called “caliber” over all the possible microtrajectories leads to these dynamical laws. The principle of maximum caliber also leads to dynamical distribution functions that characterize the relative probabilities of different microtrajectories. A great source of recent interest in statistical dynamics has resulted from a new generation of single-particle and single-molecule experiments that make it possible to observe dynamics one trajectory at a time. PMID:23585693

  2. Teaching the principles of statistical dynamics.

    PubMed

    Ghosh, Kingshuk; Dill, Ken A; Inamdar, Mandar M; Seitaridou, Effrosyni; Phillips, Rob

    2006-02-01

    We describe a simple framework for teaching the principles that underlie the dynamical laws of transport: Fick's law of diffusion, Fourier's law of heat flow, the Newtonian viscosity law, and the mass-action laws of chemical kinetics. In analogy with the way that the maximization of entropy over microstates leads to the Boltzmann distribution and predictions about equilibria, maximizing a quantity that E. T. Jaynes called "caliber" over all the possible microtrajectories leads to these dynamical laws. The principle of maximum caliber also leads to dynamical distribution functions that characterize the relative probabilities of different microtrajectories. A great source of recent interest in statistical dynamics has resulted from a new generation of single-particle and single-molecule experiments that make it possible to observe dynamics one trajectory at a time.

  3. Establishing ethics in an organization by using principles.

    PubMed

    Hawks, Val D; Benzley, Steven E; Terry, Ronald E

    2004-04-01

    Laws, codes, and rules are essential for any community, public or private, to operate in an orderly and productive fashion. Without laws and codes, anarchy and chaos abound and the purpose and role of the organization is lost. However, danger is significant, and damage serious and far-reaching when individuals or organizations become so focused on rules, laws, and specifications that basic principles are ignored. This paper discusses the purpose of laws, rules, and codes, to help understand basic principles. With such an understanding an increase in the level of ethical and moral behavior can be obtained without imposing detailed rules.

  4. Satellite Test of the Equivalence Principle as a Probe of Modified Newtonian Dynamics.

    PubMed

    Pereira, Jonas P; Overduin, James M; Poyneer, Alexander J

    2016-08-12

    The proposed satellite test of the equivalence principle (STEP) will detect possible violations of the weak equivalence principle by measuring relative accelerations between test masses of different composition with a precision of one part in 10^{18}. A serendipitous by-product of the experimental design is that the absolute or common-mode acceleration of the test masses is also measured to high precision as they oscillate along a common axis under the influence of restoring forces produced by the position sensor currents, which in drag-free mode lead to Newtonian accelerations as small as 10^{-14}  g. This is deep inside the low-acceleration regime where modified Newtonian dynamics (MOND) diverges strongly from the Newtonian limit of general relativity. We show that MOND theories (including those based on the widely used "n family" of interpolating functions as well as the covariant tensor-vector-scalar formulation) predict an easily detectable increase in the frequency of oscillations of the STEP test masses if the strong equivalence principle holds. If it does not hold, MOND predicts a cumulative increase in oscillation amplitude which is also detectable. STEP thus provides a new and potentially decisive test of Newton's law of inertia, as well as the equivalence principle in both its strong and weak forms.

  5. Gestalt theory: implications for radiology education.

    PubMed

    Koontz, Nicholas A; Gunderman, Richard B

    2008-05-01

    The Gestalt theory of modern psychology is grounded in the ideas that holistic rather than atomistic approaches are necessary to understand the mind, and that the mental whole is greater than the sum of its component parts. Although the Gestalt school fell out of favor due to its descriptive rather than explanatory nature, it permanently changed our understanding of perception. For the radiologist, such fundamental Gestalt concepts as figure-ground relationships and a variety of "grouping principles" (the laws of closure, proximity, similarity, common region, continuity, and symmetry) are ubiquitous in daily work, not to mention in art and personal life. By considering the applications of these principles and the stereotypical ways in which humans perceive visual stimuli, a radiology learner may incur fewer errors of diagnosis. This article serves to introduce several important principles of Gestalt theory, identify examples of these principles in widely recognizable fine art, and highlight their implications for radiology education.

  6. Free fall and the equivalence principle revisited

    NASA Astrophysics Data System (ADS)

    Pendrill, Ann-Marie

    2017-11-01

    Free fall is commonly discussed as an example of the equivalence principle, in the context of a homogeneous gravitational field, which is a reasonable approximation for small test masses falling moderate distances. Newton’s law of gravity provides a generalisation to larger distances, and also brings in an inhomogeneity in the gravitational field. In addition, Newton’s third law of action and reaction causes the Earth to accelerate towards the falling object, bringing in a mass dependence in the time required for an object to reach ground—in spite of the equivalence between inertial and gravitational mass. These aspects are rarely discussed in textbooks when the motion of everyday objects are discussed. Although these effects are extremely small, it may still be important for teachers to make assumptions and approximations explicit, to be aware of small corrections, and also to be prepared to estimate their size. Even if the corrections are not part of regular teaching, some students may reflect on them, and their questions deserve to be taken seriously.

  7. Rowlands' Duality Principle: A Generalization of Noether's Theorem?

    NASA Astrophysics Data System (ADS)

    Karam, Sabah E.

    This paper will examine a physical principle that has been used in making valid predictions and generalizes established conservation laws. In a previous paper it was shown how Rowlands' zero-totality condition could be viewed as a generalization of Newton's third law of motion. In this paper it will be argued that Rowlands' Duality Principle is a generalization of Noether's Theorem and that the two principles taken together are truly foundational principles that have tamed Metaphysics.

  8. 32 CFR 11.4 - Applicable principles of law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... an Accused under the law of armed conflict, such as self-defense, mistake of fact, and duress, may be... 32 National Defense 1 2011-07-01 2011-07-01 false Applicable principles of law. 11.4 Section 11.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS CRIMES AND...

  9. 32 CFR 11.4 - Applicable principles of law.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... an Accused under the law of armed conflict, such as self-defense, mistake of fact, and duress, may be... 32 National Defense 1 2012-07-01 2012-07-01 false Applicable principles of law. 11.4 Section 11.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS CRIMES AND...

  10. 32 CFR 11.4 - Applicable principles of law.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... an Accused under the law of armed conflict, such as self-defense, mistake of fact, and duress, may be... 32 National Defense 1 2013-07-01 2013-07-01 false Applicable principles of law. 11.4 Section 11.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS CRIMES AND...

  11. 32 CFR 11.4 - Applicable principles of law.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... an Accused under the law of armed conflict, such as self-defense, mistake of fact, and duress, may be... 32 National Defense 1 2014-07-01 2014-07-01 false Applicable principles of law. 11.4 Section 11.4 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE MILITARY COMMISSIONS CRIMES AND...

  12. 26 CFR 1.338-5 - Adjusted grossed-up basis.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... decrease with respect to an element of AGUB is required under general principles of tax law, redetermined... initially determined at the beginning of the day after the acquisition date of target. General principles of..., under general principles of tax law, with respect to an element of AGUB. For example, AGUB is...

  13. 12 CFR 745.2 - General principles applicable in determining insurance of accounts.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false General principles applicable in determining... Insurance Coverage § 745.2 General principles applicable in determining insurance of accounts. (a) General... law enters into a share insurance determination, the local law of the jurisdiction in which the...

  14. Stopping murder by medicine: introducing the Model Law on Medicine Crime.

    PubMed

    Attaran, Amir

    2015-06-01

    The iatrogenic pandemic of untreated illness related to falsified and substandard medicines is intolerable, but has a logical explanation: in many countries, inadequate laws make it barely illegal to manufacture or distribute poor-quality medicines. The law hardly punishes those who intentionally or recklessly deal in falsified or substandard medicine, when clearly it should criminalize these perpetrators in proportion to the grievous--even fatal--injury they inflict on public health. To solve this omission, this article presents a new Model Law on Medicine Crime, which countries may freely use as a template for strengthening their national laws. The Model Law includes criminal prohibitions against manufacturing, trafficking, or selling poor-quality medicines; principles for appropriately punishing offenders; special provisions for Internet-based medicine crimes; tools for encouraging whistle-blowers to cooperate with law enforcement; incentives for developing governments to strengthen their drug regulatory capacity; and important exceptions to prevent the law being abused, such as to prevent the prosecution of legitimate medical researchers or to prevent good-quality generic medicines being seized while in transit. The Model Law is discussed and explained and is offered free of charge under a Creative Commons license to any governments wanting to implement it. © The American Society of Tropical Medicine and Hygiene.

  15. Tsallis entropy and complexity theory in the understanding of physics of precursory accelerating seismicity.

    NASA Astrophysics Data System (ADS)

    Vallianatos, Filippos; Chatzopoulos, George

    2014-05-01

    Strong observational indications support the hypothesis that many large earthquakes are preceded by accelerating seismic release rates which described by a power law time to failure relation. In the present work, a unified theoretical framework is discussed based on the ideas of non-extensive statistical physics along with fundamental principles of physics such as the energy conservation in a faulted crustal volume undergoing stress loading. We derive the time-to-failure power-law of: a) cumulative number of earthquakes, b) cumulative Benioff strain and c) cumulative energy released in a fault system that obeys a hierarchical distribution law extracted from Tsallis entropy. Considering the analytic conditions near the time of failure, we derive from first principles the time-to-failure power-law and show that a common critical exponent m(q) exists, which is a function of the non-extensive entropic parameter q. We conclude that the cumulative precursory parameters are function of the energy supplied to the system and the size of the precursory volume. In addition the q-exponential distribution which describes the fault system is a crucial factor on the appearance of power-law acceleration in the seismicity. Our results based on Tsallis entropy and the energy conservation gives a new view on the empirical laws derived by other researchers. Examples and applications of this technique to observations of accelerating seismicity will also be presented and discussed. This work was implemented through the project IMPACT-ARC in the framework of action "ARCHIMEDES III-Support of Research Teams at TEI of Crete" (MIS380353) of the Operational Program "Education and Lifelong Learning" and is co-financed by the European Union (European Social Fund) and Greek national funds

  16. Gaps in US Animal Welfare Law for Laboratory Animals: Perspectives From an Animal Law Attorney.

    PubMed

    Frasch, Pamela D

    2016-05-01

    The use of animals in biomedical, toxicological, and basic research has been common practice, and a tool for scientists and researchers, for many years. And yet, serious conflict continues to exist between those who believe that the use of animals in research will yield scientific results that benefit humans and those who believe such practices are unethical regardless of use or outcome. High-profile undercover cases have further raised public awareness and have put the entire industry under pressure to be transparent, accountable, and aggressive in its adoption of reduction, refinement, and replacement (3R) principles. Many animal law attorneys are deeply frustrated by what they see as weak US laws that are unevenly enforced, especially when compared with legal advances in other countries and regions. This article (1) explores those gaps in US animal welfare laws with an emphasis on the Animal Welfare Act, (2) argues in favor of stronger laws and rigorous enforcement, and (3) suggests steps to advance these goals. These steps include (1) expanding the definition of "animal" in the Animal Welfare Act (AWA), (2) improving and expanding minimum care requirements in USDA regulations, (3) instituting mandatory reporting requirements, improving Institutional Animal Care and Use Committees, and allowing easier accessibility to laboratory reports and plans, (4) adding a citizen suit provision to the AWA, and (5) continuing education about the emotional and social capacities of animals and a stronger commitment to 3R principles. © The Author 2017. Published by Oxford University Press on behalf of the Institute for Laboratory Animal Research. All rights reserved. For permissions, please email: journals.permissions@oup.com.

  17. Mechanics

    NASA Astrophysics Data System (ADS)

    Cox, John

    2014-05-01

    Part 1. The Winning of the Principles: 1. Introduction; 2. The beginnings of statics. Archimedes. Problem of the lever and of the centre of gravity; 2. Experimental verification and applications of the principle of the lever; 3. The centre of gravity; 4. The balance; 5. Stevinus of Bruges. The principle of the inclined plane; 6. The parallelogram of forces; 7. The principle of virtual work; 8. Review of the principles of statics; 9. The beginnings of dynamics. Galileo. The problem of falling bodies; 10. Huyghens. The problem of uniform motion in a circle. 'Centrifugal force'; 11. Final statement of the principles of dynamics. Extension to the motions of the heavenly bodies. The law of universal gravitation. Newton; Part II. Mathematical Statement of the Principles: Introduction; 12. Kinematics; 13. Kinetics of a particle moving in a straight line. The laws of motion; 14. Experimental verification of the laws of motion. Atwood's machine; 15. Work and energy; 16. The parallelogram law; 17. The composition and resolution of forces. Resultant. Component. Equilibrium; 18. Forces in one plane; 19. Friction; Part III. Application to Various Problems: 20. Motion on an inclined plane. Brachistochrones; 21. Projectiles; 22. Simple harmonic motion; 23. The simple pendulum; 24. Central forces. The law of gravitation; 25. Impact and impulsive forces; Part IV. The Elements of Rigid Dynamics: 26. The compound pendulum. Huyghens' solution; 27. D'alembert's principle; 28. Moment of inertia; 29. Experimental determination of moments of inertia; 30. Determination of the value of gravity by Kater's pendulum; 31. The constant of gravitation, or weighing the Earth. The Cavendish experiment; Answers to the examples; Index.

  18. Special Relativity in Week One: 1) The Principle of Relativity

    ERIC Educational Resources Information Center

    Huggins, Elisha

    2011-01-01

    We like to begin an introductory physics course with a law of physics that applies to everything, has no known exceptions, and whose consequences are already familiar to students. That law is the principle of relativity. By focusing on the principle of relativity itself, and a careful selection of the thought experiments, we can comfortably…

  19. Biomedicine and international human rights law: in search of a global consensus.

    PubMed Central

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

  20. Biomedicine and international human rights law: in search of a global consensus.

    PubMed

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning.

  1. Computer aided fringe pattern analysis

    NASA Astrophysics Data System (ADS)

    Sciammarella, Cesar A.

    The paper reviews the basic laws of fringe pattern interpretation. The different techniques that are currently utilized are presented using a common frame of reference stressing the fact that these techniques are different variations of the same basic principle. Digital and analog techniques are discussed. Currently available hardware is presented and the relationships between hardware and the operations of pattern fringe processing are pointed out. Examples are given to illustrate the ideas discussed in the paper.

  2. Autonomy in the medico-legal courtroom: a principle fit for purpose?

    PubMed

    Foster, C

    2014-01-01

    This article examines the way that the principle of autonomy is handled in (mostly English) law. The law pays loud lip-service to autonomy, saying that it is the governing principle in many areas. This is particularly true for cases involving bioethics. The courts are rarely philosophically explicit about which account of autonomy is favoured, but three accounts (Millian self-determination, Kantian deontology, and relational autonomy-in which the social nexus of the subject is explicitly recognised) can be identified. Despite the law's traditional rhetorical insistence that autonomy rules absolutely, that rule is, in practice, unworkable. Other principles, such as beneficence and dignity, have to be drafted in to help. Much of the philosophical work that autonomy should do in the law is delegated to the notion of capacity, but that notion too is insufficiently examined by the courts, and is problematic.

  3. A mechanism producing power law etc. distributions

    NASA Astrophysics Data System (ADS)

    Li, Heling; Shen, Hongjun; Yang, Bin

    2017-07-01

    Power law distribution is playing an increasingly important role in the complex system study. Based on the insolvability of complex systems, the idea of incomplete statistics is utilized and expanded, three different exponential factors are introduced in equations about the normalization condition, statistical average and Shannon entropy, with probability distribution function deduced about exponential function, power function and the product form between power function and exponential function derived from Shannon entropy and maximal entropy principle. So it is shown that maximum entropy principle can totally replace equal probability hypothesis. Owing to the fact that power and probability distribution in the product form between power function and exponential function, which cannot be derived via equal probability hypothesis, can be derived by the aid of maximal entropy principle, it also can be concluded that maximal entropy principle is a basic principle which embodies concepts more extensively and reveals basic principles on motion laws of objects more fundamentally. At the same time, this principle also reveals the intrinsic link between Nature and different objects in human society and principles complied by all.

  4. 'Admit voluntary, schedule if tries to leave': placing Mental Health Acts in the context of mental health law and human rights.

    PubMed

    Wand, Anne; Wand, Timothy

    2013-04-01

    Most postgraduate training for clinicians in Australia and New Zealand regarding mental health legislation focuses on the relevant Mental Health Acts (MHAs) rather than the broader principles of mental health law. Key concepts include treatment in the least restrictive environment, voluntary access to mental health services, treatability, reciprocity and due process. Lack of awareness of these principles may result in a more risk-averse interpretation of MHAs, which is inconsistent with the spirit of mental health law and the promotion of human rights. The aim of this paper is to present some fundamental principles of mental health law, which are essential to proper clinical application of MHAs, and to demonstrate why they should form part of the curriculum for psychiatry training and continuing professional development for psychiatrists. A sound understanding of the principles of mental health law is essential for all clinicians who may be enacting aspects of MHAs. This provides the necessary platform to safeguard human rights and optimise the care of people with a mental illness.

  5. Hydrology and water law: what is their future common ground?

    USGS Publications Warehouse

    Piper, Arthur M.; Thomas, Harold E.

    1957-01-01

    We live in an age of social and economic evolution--evolution so deep reaching and rapid it constitutes ad revolution in numerous fields of human concern. Long-standing concepts of what is appropriate and orderly face drastic modification if they are to survive. To this situation the principles of applied hydrology and the tenets of water law are no exceptions. Their common ground, incomplete in the past, becomes tenuous when projected into the future. To hydrologists it is common knowledge that the Nation has some trouble spots tin water supply, occasioned by burgeoning population, by standards of living that seem luxurious to other peoples if not to us, and by tremendously dynamic industry whose voracious thirst for water seems insatiable. Seldom is the "trouble" a mere lack of water in a quantity sufficient to serve all real needs; rather, water usually is available only part of the time, at greater-than-customary cost, or under competition among several potential uses. We can expect only that such spots will increase in number and in geographic reach.

  6. Commentary: UK perspective on competency to stand trial.

    PubMed

    Exworthy, Tim

    2006-01-01

    This commentary offers a perspective from another common law jurisdiction, specifically the law in England and Wales, where competency to stand trial on a criminal charge is known as fitness to plead. The commentary begins with a discussion on the principle of proportionality evident in health care decisions by way of comparison with the topic in the criminal arena. Fitness to plead is an historical legal concept and employs an intellectual test that has evolved very little since its appearance in case law. There have been amendments, through statute, to its procedure and outcomes following a determination of being unfit to plead. However, competency to stand trial in England and Wales remains a more marginal issue than in the United States. Recent developments in domestic and European jurisprudence have been related to consideration of the requirements for a fair trial, driven by the demands of the European Convention on Human Rights.

  7. [Clause of conscience implemented in competition law medical in Poland in the context of the implementation of the European Convention on Human Rights].

    PubMed

    Radlińska, Iwona; Kolwitz, Marcin

    Freedom of conscience and religion, also called conscience clause legislation is part of the inherent and inalienable rights of every human being and freedoms protected by the constitution as a fundamental principle of democratic countries working in the law. At international level, the most common piece of legislation on this issue is the European Convention on Human Rights of 4 November 1950, which Poland is a party. Pursuant to Art. 9 of the European Convention Poland is committed to the protection of freedom of thought, conscience and religion to every person under its jurisdiction, including the medical professions. In a special way to be protected by the freedom of conscience of physicians, dentists, nurses and midwives, as the conscience clause is written in the law governing the exercise of such professions in Poland.

  8. Principles of physics in surgery: the laws of flow dynamics physics for surgeons - Part 1.

    PubMed

    Srivastava, Anurag; Sood, Akshay; Joy, S Parijat; Woodcock, John

    2009-08-01

    In the field of medicine and surgery many principles of physics find numerous applications. In this article we have summarized some prominent applications of the laws of fluid mechanics and hydrodynamics in surgery. Poiseuille's law sets the limits of isovolaemic haemodilution, enumerates limiting factors during fluid resuscitation and is a guiding principle in surgery for vascular stenoses. The equation of continuity finds use in non-invasive measurement of blood flow. Bernoulli's theorem explains the formation of post-stenotic dilatation. Reynolds number explains the origin of murmurs, haemolysis and airflow disturbances. Various forms of oxygen therapy are a direct application of the gas laws. Doppler effect is used in ultrasonography to find the direction and velocity of blood flow. In this first part of a series of articles we describe some applications of the laws of hydrodynamics governing the flow of blood and other body fluids.

  9. The legal regime for moon resource utilization, with particular emphasis on environmental protection, and comparable solutions adopted for deep seabed activities

    NASA Astrophysics Data System (ADS)

    Viikari, L.

    This paper will examine the resource utilization regime as established by the body of international space law and by the 1979 Moon Treaty in particular, as well as the current problems pertaining to it. A particular area of interest is environmental protection vis-à-vis resource utilization. A potential source of fruitful analogy is provided by the deep seabed mineral utilization regime, as established by the 1982 United Nations Convention on the Law of the Sea, the 1994 New York Agreement amending it, and the recent 2000 Mining Code as the first part of more detailed regulations that will eventually govern exploration for and exploitation of all deep seabed minerals. Such comparison seems advantageous, because several developments in the field of using the space environment are showing obvious similarities with previous developments in the law of the sea regarding deep seabed resource management. The Moon and the deep seabed (and their natural resources) are also the only environs explicitly proclaimed as the common heritage of mankind. On the other hand, both domains are increasingly affected by commercializat ion and privatization, too. A recent new (legally non-binding) instrument for space activities is the 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, Taking into Particular Account the Needs of Developing Countries. It attempts at an important compromise regarding the Common Heritage provision, offering a means to share benefits while recognizing market principles. These principles very much resemble the previous solutions adopted by the 1994 New York Agreement for the deep seabed. The paper attempts to reflect in particular upon the experience available from such developments.

  10. Human cloning laws, human dignity and the poverty of the policy making dialogue

    PubMed Central

    Caulfield, Timothy

    2003-01-01

    Background The regulation of human cloning continues to be a significant national and international policy issue. Despite years of intense academic and public debate, there is little clarity as to the philosophical foundations for many of the emerging policy choices. The notion of "human dignity" is commonly used to justify cloning laws. The basis for this justification is that reproductive human cloning necessarily infringes notions of human dignity. Discussion The author critiques one of the most commonly used ethical justifications for cloning laws – the idea that reproductive cloning necessarily infringes notions of human dignity. He points out that there is, in fact, little consensus on point and that the counter arguments are rarely reflected in formal policy. Rarely do domestic or international instruments provide an operational definition of human dignity and there is rarely an explanation of how, exactly, dignity is infringed in the context reproductive cloning. Summary It is the author's position that the lack of thoughtful analysis of the role of human dignity hurts the broader public debate about reproductive cloning, trivializes the value of human dignity as a normative principle and makes it nearly impossible to critique the actual justifications behind many of the proposed policies. PMID:12887735

  11. Human cloning laws, human dignity and the poverty of the policy making dialogue.

    PubMed

    Caulfield, Timothy

    2003-07-29

    The regulation of human cloning continues to be a significant national and international policy issue. Despite years of intense academic and public debate, there is little clarity as to the philosophical foundations for many of the emerging policy choices. The notion of "human dignity" is commonly used to justify cloning laws. The basis for this justification is that reproductive human cloning necessarily infringes notions of human dignity. The author critiques one of the most commonly used ethical justifications for cloning laws - the idea that reproductive cloning necessarily infringes notions of human dignity. He points out that there is, in fact, little consensus on point and that the counter arguments are rarely reflected in formal policy. Rarely do domestic or international instruments provide an operational definition of human dignity and there is rarely an explanation of how, exactly, dignity is infringed in the context reproductive cloning. It is the author's position that the lack of thoughtful analysis of the role of human dignity hurts the broader public debate about reproductive cloning, trivializes the value of human dignity as a normative principle and makes it nearly impossible to critique the actual justifications behind many of the proposed policies.

  12. Space Law and Weapons in Space

    NASA Astrophysics Data System (ADS)

    Mosteshar, Sa'id

    2017-07-01

    Although legal principles to govern space were discussed as early as the mid-1950s, they were not formalized until the Outer Space Treaty (OST) of 1967 was adopted and came into force. The Outer Space Treaty establishes a number of principles affecting the placement of weapons in outer space. In particular, it provides for the peaceful use of earth's moon along with other celestial bodies and prohibits the testing of any types of weapons on such bodies. More generally the OST forbids the placement of nuclear weapons or other weapons of mass destruction in outer space. In addition, there are a number of disarmament treaties and agreements emanating from the UN Office for Disarmament Affairs and the Conference on Disarmament that are relevant to weapons in space. One of the fundamental question that arises is what constitutes a weapon and does its placement in space breach the requirement that outer space be used exclusively for peaceful purposes. For example, does a satellite used to control and direct an armed drone breach the peaceful use provision of the OST? There may be risks that without international norms governments and sub-state groups may acquire and use armed drones in ways that threaten regional stability, laws of war, and the role of domestic rule of law in decisions to use force. The nature of weapons and other questions of laws affecting the placement of weapons in space, as well as the use of space assets for non-peaceful purposes, are thus of real significance when considering space law and weapons in space. Examining the characteristics that render a space object a weapon and the role of intent and perception in the issues that arise become essential aspects to consider. This also necessitates examining dual-use systems common to many space systems and operations.

  13. Das Werden des Kosmos. Von der Erfahrung der zeitlichen Dimension astronomischer Objekte im 18. Jahrhundert.

    NASA Astrophysics Data System (ADS)

    Krafft, F.

    This paper deals with two of the initial stages through which the dimension of time, in the sense of an irreversible development, found its way into astronomical-cosmological thinking. The one resulted from the first consequential application of Newtonian principles and laws to cosmic entities outside of our solar system found in the "General Natural History or Theory of the Heavens" by Immanuel Kant. The other initial stage is found in the classification of 'nebulae' by William Herschel who introduced the historical time factor as a principle of order in addition to the outward shape, which had become common for all the different elements in natural history during the second half of the 18th century.

  14. Autonomous intelligent cars: proof that the EPSRC Principles are future-proof

    NASA Astrophysics Data System (ADS)

    de Cock Buning, Madeleine; de Bruin, Roeland

    2017-07-01

    Principle 2 of the EPSRC's principles of robotics (AISB workshop on Principles of Robotics, 2016) proves to be future proof when applied to the current state of the art of law and technology surrounding autonomous intelligent cars (AICs). Humans, not AICS, are responsible agents. AICs should be designed; operated as far as is practicable to comply with existing laws and fundamental rights and freedoms, including privacy by design. It will show that some legal questions arising from autonomous intelligent driving technology can be answered by the technology itself.

  15. 77 FR 61050 - Agency Information Collection Activities; Proposed Information Collection; Comment Request; Leasing

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-10-05

    ... value of the property is recorded in accordance with generally accepted accounting principles (GAAP... banking law and regulations and accounting principles. The OCC uses the information in conducting examinations and as an auditing tool to verify compliance with laws and regulations. In addition, the OCC uses...

  16. Rockets: An Educator's Guide with Activities in Science, Mathematics, and Technology.

    ERIC Educational Resources Information Center

    National Aeronautics and Space Administration, Washington, DC.

    This educational guide discusses rockets and includes activities in science, mathematics, and technology. It begins with background information on the history of rocketry, scientific principles, and practical rocketry. The sections on scientific principles and practical rocketry focus on Sir Isaac Newton's Three Laws of Motion. These laws explain…

  17. Commentary on Skene and Parker: the role of the church in developing the law.

    PubMed

    Gormally, L

    2002-08-01

    Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with "developing" the law. In contrast with Skene and Parker's freestanding conception of legal principle, the Catholic understanding of law's rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the integrity of the church's health care and welfare services. It is shown that in the three cases under discussion Catholic bishops were providing needed argument otherwise unavailable to the courts in defence of existing statute. In face of the attempts by pressure groups to bypass the legislature and use the courts to subvert fundamental legal principles, the church is perhaps uniquely capable of continuing to provide to the courts rational defences of those principles.

  18. On the problem of boundaries and scaling for urban street networks

    PubMed Central

    Masucci, A. Paolo; Arcaute, Elsa; Hatna, Erez; Stanilov, Kiril; Batty, Michael

    2015-01-01

    Urban morphology has presented significant intellectual challenges to mathematicians and physicists ever since the eighteenth century, when Euler first explored the famous Königsberg bridges problem. Many important regularities and scaling laws have been observed in urban studies, including Zipf's law and Gibrat's law, rendering cities attractive systems for analysis within statistical physics. Nevertheless, a broad consensus on how cities and their boundaries are defined is still lacking. Applying an elementary clustering technique to the street intersection space, we show that growth curves for the maximum cluster size of the largest cities in the UK and in California collapse to a single curve, namely the logistic. Subsequently, by introducing the concept of the condensation threshold, we show that natural boundaries of cities can be well defined in a universal way. This allows us to study and discuss systematically some of the regularities that are present in cities. We show that some scaling laws present consistent behaviour in space and time, thus suggesting the presence of common principles at the basis of the evolution of urban systems. PMID:26468071

  19. On the problem of boundaries and scaling for urban street networks.

    PubMed

    Masucci, A Paolo; Arcaute, Elsa; Hatna, Erez; Stanilov, Kiril; Batty, Michael

    2015-10-06

    Urban morphology has presented significant intellectual challenges to mathematicians and physicists ever since the eighteenth century, when Euler first explored the famous Königsberg bridges problem. Many important regularities and scaling laws have been observed in urban studies, including Zipf's law and Gibrat's law, rendering cities attractive systems for analysis within statistical physics. Nevertheless, a broad consensus on how cities and their boundaries are defined is still lacking. Applying an elementary clustering technique to the street intersection space, we show that growth curves for the maximum cluster size of the largest cities in the UK and in California collapse to a single curve, namely the logistic. Subsequently, by introducing the concept of the condensation threshold, we show that natural boundaries of cities can be well defined in a universal way. This allows us to study and discuss systematically some of the regularities that are present in cities. We show that some scaling laws present consistent behaviour in space and time, thus suggesting the presence of common principles at the basis of the evolution of urban systems. © 2015 The Authors.

  20. [Comment on the ruling about the appeal against the Directive on biotechnological inventions].

    PubMed

    Fernando Magarzo, M R

    2001-01-01

    The author examines the content of the European Court of Justice ruling which dismisses the appeal lodged by the Netherlands against Directive 98/44 concerning the legal protection of biotechnological inventions. The main grounds for the appeal were as follows: inappropriate choice of points of law; breach of the principle of subsidiarity; violation of the principle of legal certainty; breach of International Law obligations; undermining of human dignity; breach of the principle of collegiality.

  1. Bernoulli's Principle

    ERIC Educational Resources Information Center

    Hewitt, Paul G.

    2004-01-01

    Some teachers have difficulty understanding Bernoulli's principle particularly when the principle is applied to the aerodynamic lift. Some teachers favor using Newton's laws instead of Bernoulli's principle to explain the physics behind lift. Some also consider Bernoulli's principle too difficult to explain to students and avoid teaching it…

  2. Limitations and Functions: Four Examples of Integrating Thermodynamics

    ERIC Educational Resources Information Center

    Chang, Wheijen

    2011-01-01

    Physics students are usually unaware of the limitations and functions of related principles, and they tend to adopt "hot formulas" inappropriately. This paper introduces four real-life examples for bridging five principles, from fluids to thermodynamics, including (1) buoyant force, (2) thermal expansion, (3) the ideal-gas law, (4) the 1st law,…

  3. Using Physics Principles in the Teaching of Chemistry.

    ERIC Educational Resources Information Center

    Gulden, Warren

    1996-01-01

    Presents three examples that show how students can use traditional physics principles or laws for the purpose of understanding chemistry better. Examples include Coulomb's Law and melting points, the Faraday Constant, and the Rydberg Constant. Presents a list of some other traditional topics in a chemistry course that could be enhanced by the…

  4. 76 FR 25527 - Law Day, U.S.A., 2011

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-05

    ... as ``a day of national dedication to the principles of government under law.'' Each Law Day, we... nation of laws and that a fair trial is the right of all people. President Adams' legacy of dedication to...

  5. Peaceful Use of Outer Space: principles of Japanese Policies on Utilization and Activities in Outer space

    NASA Astrophysics Data System (ADS)

    Kosuge, Toshio

    2002-01-01

    " P e aceful use of outer space of outer space.....Principles of exploitation of outer space was passed in the Japanese Diet. It clearly mentioned that any activity of launching space object into outer space and developing launching rocket should be exclusively for peaceful purpose. NASDA was also established based upon the same principles of the public law. Japanese interpretation of Space Treaty and other related international agreements has been more strict on peaceful use of outer space, like non-military use rather than non-aggressive, because of influence of Japanese Constitution. Treaty and other agreements is analyzed through rapid development of its space activities, technologies and international cooperation with other space powers. Through more than thirty years experiences in space activities in public and private sectors, Japanese domestic laws and policies have not been changed in relation with basic principles. and laws relating to space activities in order to develop new space law and more international cooperation for space utilization rather than military use in new century.

  6. Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

    PubMed

    Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

    2007-01-01

    Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

  7. Kepler: Analogies in the search for the law of refraction.

    PubMed

    Cardona, Carlos Alberto

    2016-10-01

    This paper examines the methodology used by Kepler to discover a quantitative law of refraction. The aim is to argue that this methodology follows a heuristic method based on the following two Pythagorean principles: (1) sameness is made known by sameness, and (2) harmony arises from establishing a limit to what is unlimited. We will analyse some of the author's proposed analogies to find the aforementioned law and argue that the investigation's heuristic pursues such principles. Copyright © 2016 Elsevier Ltd. All rights reserved.

  8. A general derivation and quantification of the third law of thermodynamics.

    PubMed

    Masanes, Lluís; Oppenheim, Jonathan

    2017-03-14

    The most accepted version of the third law of thermodynamics, the unattainability principle, states that any process cannot reach absolute zero temperature in a finite number of steps and within a finite time. Here, we provide a derivation of the principle that applies to arbitrary cooling processes, even those exploiting the laws of quantum mechanics or involving an infinite-dimensional reservoir. We quantify the resources needed to cool a system to any temperature, and translate these resources into the minimal time or number of steps, by considering the notion of a thermal machine that obeys similar restrictions to universal computers. We generally find that the obtainable temperature can scale as an inverse power of the cooling time. Our results also clarify the connection between two versions of the third law (the unattainability principle and the heat theorem), and place ultimate bounds on the speed at which information can be erased.

  9. A general derivation and quantification of the third law of thermodynamics

    PubMed Central

    Masanes, Lluís; Oppenheim, Jonathan

    2017-01-01

    The most accepted version of the third law of thermodynamics, the unattainability principle, states that any process cannot reach absolute zero temperature in a finite number of steps and within a finite time. Here, we provide a derivation of the principle that applies to arbitrary cooling processes, even those exploiting the laws of quantum mechanics or involving an infinite-dimensional reservoir. We quantify the resources needed to cool a system to any temperature, and translate these resources into the minimal time or number of steps, by considering the notion of a thermal machine that obeys similar restrictions to universal computers. We generally find that the obtainable temperature can scale as an inverse power of the cooling time. Our results also clarify the connection between two versions of the third law (the unattainability principle and the heat theorem), and place ultimate bounds on the speed at which information can be erased. PMID:28290452

  10. [Human cloning in Muslim and Arab law].

    PubMed

    Aldeeb Abu-Sahlieh, Sami A

    2009-01-01

    Cloning is a modern medical procedure that Muslim religious authorities treat en resorting to the general principles established by classical Muslim law based on the Koran and the Sunnah of Muhhamad as the messenger of God. In this regard, human beings are not capable of deciding what is or what is not lawful without resorting to divine norms. Cloning clashes with several principles. Firstly, the principle of the respect for life in relation to surpernumeraries, but Muslim authors are not in unanimous agreement on the determination of the moment at which life begins. Secondly, is the respect of progeny: cloning could only take place between a married couple. But even if these two principles are respected, cloning poses two major problems: the diversity of species expounded by the Koran and the Sunnah and a lack of interest. Which explains the quasi-unanimous opposition of Muslim writings regarding cloning.

  11. Similarity principles for the biology of pelagic animals

    PubMed Central

    Barenblatt, G. I.; Monin, A. S.

    1983-01-01

    A similarity principle is formulated according to which the statistical pattern of the pelagic population is identical in all scales sufficiently large in comparison with the molecular one. From this principle, a power law is obtained analytically for the pelagic animal biomass distribution over the animal sizes. A hypothesis is presented according to which, under fixed external conditions, the oxygen exchange intensity of an animal is governed only by its mass and density and by the specific absorbing capacity of the animal's respiratory organ. From this hypothesis a power law is obtained by the method of dimensional analysis for the exchange intensity mass dependence. The known empirical values of the exponent of this power law are interpreted as an indication that the oxygen-absorbing organs of the animals can be represented as so-called fractal surfaces. In conclusion the biological principle of the decrease in specific exchange intensity with increase in animal mass is discussed. PMID:16593327

  12. Derivation of the Ideal Gas Law

    ERIC Educational Resources Information Center

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  13. Law of Large Numbers: the Theory, Applications and Technology-based Education

    PubMed Central

    Dinov, Ivo D.; Christou, Nicolas; Gould, Robert

    2011-01-01

    Modern approaches for technology-based blended education utilize a variety of recently developed novel pedagogical, computational and network resources. Such attempts employ technology to deliver integrated, dynamically-linked, interactive-content and heterogeneous learning environments, which may improve student comprehension and information retention. In this paper, we describe one such innovative effort of using technological tools to expose students in probability and statistics courses to the theory, practice and usability of the Law of Large Numbers (LLN). We base our approach on integrating pedagogical instruments with the computational libraries developed by the Statistics Online Computational Resource (www.SOCR.ucla.edu). To achieve this merger we designed a new interactive Java applet and a corresponding demonstration activity that illustrate the concept and the applications of the LLN. The LLN applet and activity have common goals – to provide graphical representation of the LLN principle, build lasting student intuition and present the common misconceptions about the law of large numbers. Both the SOCR LLN applet and activity are freely available online to the community to test, validate and extend (Applet: http://socr.ucla.edu/htmls/exp/Coin_Toss_LLN_Experiment.html, and Activity: http://wiki.stat.ucla.edu/socr/index.php/SOCR_EduMaterials_Activities_LLN). PMID:21603584

  14. Scale relativity theory and integrative systems biology: 1. Founding principles and scale laws.

    PubMed

    Auffray, Charles; Nottale, Laurent

    2008-05-01

    In these two companion papers, we provide an overview and a brief history of the multiple roots, current developments and recent advances of integrative systems biology and identify multiscale integration as its grand challenge. Then we introduce the fundamental principles and the successive steps that have been followed in the construction of the scale relativity theory, and discuss how scale laws of increasing complexity can be used to model and understand the behaviour of complex biological systems. In scale relativity theory, the geometry of space is considered to be continuous but non-differentiable, therefore fractal (i.e., explicitly scale-dependent). One writes the equations of motion in such a space as geodesics equations, under the constraint of the principle of relativity of all scales in nature. To this purpose, covariant derivatives are constructed that implement the various effects of the non-differentiable and fractal geometry. In this first review paper, the scale laws that describe the new dependence on resolutions of physical quantities are obtained as solutions of differential equations acting in the scale space. This leads to several possible levels of description for these laws, from the simplest scale invariant laws to generalized laws with variable fractal dimensions. Initial applications of these laws to the study of species evolution, embryogenesis and cell confinement are discussed.

  15. Teaching Consumer Law Based on PBL Principles within a Workshop Frame

    ERIC Educational Resources Information Center

    Sørensen, Marie Jull

    2017-01-01

    Changing learning objectives was the beginning of rethinking the pedagogical frame of my courses within a traditional law study program. The objectives were changed in order to aim for students becoming better at reflecting on the curriculum. I chose to work within a workshop frame incorporating some of the Aalborg PBL principles. The two courses…

  16. 26 CFR 1.336-3 - Aggregate deemed asset disposition price; various aspects of taxation of the deemed asset...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES... decrease is required under general principles of tax law with respect to an element of ADADP, the... determined at the beginning of the day after the disposition date of Target. General principles of tax law...

  17. Dynamic intersectoral models with power-law memory

    NASA Astrophysics Data System (ADS)

    Tarasova, Valentina V.; Tarasov, Vasily E.

    2018-01-01

    Intersectoral dynamic models with power-law memory are proposed. The equations of open and closed intersectoral models, in which the memory effects are described by the Caputo derivatives of non-integer orders, are derived. We suggest solutions of these equations, which have the form of linear combinations of the Mittag-Leffler functions and which are characterized by different effective growth rates. Examples of intersectoral dynamics with power-law memory are suggested for two sectoral cases. We formulate two principles of intersectoral dynamics with memory: the principle of changing of technological growth rates and the principle of domination change. It has been shown that in the input-output economic dynamics the effects of fading memory can change the economic growth rate and dominant behavior of economic sectors.

  18. Law, autonomy and advance directives.

    PubMed

    Willmott, Lindy; White, Ben; Mathews, Ben

    2010-12-01

    The principle of autonomy underpins legal regulation of advance directives that refuse life-sustaining medical treatment. The primacy of autonomy in this domain is recognised expressly in the case law, through judicial pronouncement, and implicitly in most Australian jurisdictions, through enactment into statute of the right to make an advance directive. This article seeks to justify autonomy as an appropriate principle for regulating advance directives and relies on three arguments: the necessity of autonomy in a liberal democracy; the primacy of autonomy in medical ethics discourse; and the uncontested importance of autonomy in the law on contemporaneous refusal of medical treatment. This article also responds to key criticisms that autonomy is not an appropriate organising principle to underpin legal regulation of advance directives.

  19. Ethics for medical educators: an overview and fallacies.

    PubMed

    Singh, Arjun

    2010-07-01

    Ethics is the rule of right conduct or practice in a profession. The basic principles of ethics are beneficence, justice and autonomy or individual freedom. There is very minor demarcation between ethics and the law. The ethics is promulgated by the professional bodies. All are expected to guide the medical professional in their practice. Medical educators have dual ethical obligations: firstly, to the society at large which expects us to produce competent health professionals, and secondly, to the students under our care. The students observe and copy what their teacher does and his/her role modelling can be a gateway to a student's character building. Due to rapid increase in the number of medical colleges, privatization, and capitalism, ethical issue has become much more relevant and needs to discuss in detail. The present paper discusses the ethics for medical educators in detail with, basic principles, common breaches of ethics and fallacies due to wrong application of ethical principles, and the approach to ethics and methods by which we can prevent and avoid breach of ethics.

  20. International law implications of the detection of extraterrestrial intelligent signals

    NASA Astrophysics Data System (ADS)

    Kopal, Vladimir

    This paper first considers whether the present law of outer space, as it has been enshrined in five United Nations treaties and other legal documents concerning outer space, provides a satisfactory basis for SETI/CETI activities. In the author's opinion, these activities may serve "the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes," as recognized in the 1967 Outer Space Treaty. The use of the radio frequency spectrum for SETI/CETI purposes should be in conformity with the legal principles governing this valuable natural resource, as expressed in the International Telecommunication Convention and related documents, and with allocations of the relevant segments of the spectrum by the competent bodies of the International Telecommunication Union. In the second part the author examines the impact that the detection of extraterrestrial intelligent signals may have on the present body of space law. A possible role for the United Nations in this respect is also explored and a timely interest of the world body in discussing questions relating to this subject is recommended. Consideration of these questions could become a tool helping to concentrate the attention of the world community on problems of common concern and thus to strengthen international cooperation. However, the author believes that a law-making process that would aim at elaborating a special regulation of activities in this field would be premature at this stage. It should be initiated only when the boundary between possibilities and realities is crossed. Finally, the paper outlines some likely transformation in our space law thinking that would be the consequence of the detection of extraterrestrial intelligent signals. Elaboration of the principles and norms to govern relations between the international community of our own planet and other intelligent communities in the universe would add a new dimension to the present body of outer space law. At the same time this new approach might exercise a beneficial influence on relations between nations and peoples of the planet Earth. Considerations of legal implications of new phenomena in the world for our life are usually made from two points of view that reflect two basic levels of our thinking. First, we try to establish what exists and then decide what could or should be done. This two-fold approach, known in legal terminology as de lege lata and de lege ferenda, can also be used in the consideration of our present problem, though it seems to be still a rather extraordinary subject.

  1. The Phenomenal World of Physics. The Science Club. Ages 10-14. [CD-ROM].

    ERIC Educational Resources Information Center

    1999

    This CD-ROM allows students to learn about physics principles and the scientists who discovered them through genius or luck. The simplicity of these physical laws and how the discovery of these laws has improved the daily lives of humans is discussed. The computer program explores the physics behind the earth's rotation, Archimedes' Principles,…

  2. Sibling structure, distributive norms, and negotiation for mothers-in-law's assistance in rural South China.

    PubMed

    To, Clara Wai-chun

    2015-01-01

    Recent studies of parent-adult child relations using a network family approach have paid increasing attention to within-family differences and the role of in-laws in parent-adult child exchanges. However, the effect of sibling structure on the allocation of childcare and household help provided by older women, the negotiation process among in-laws and the underlying principle(s) have been under-examined. Based on ethnographic and interview data collected from 28 women in rural South China, this article examines the effect of sibling structure on mothers-in-law's assistance in the context of economic reform, and the role of cultural norms and daughters-in-law in the negotiation process using a family network perspective. Since the late 1970s, the sibling order of husbands and the presence of their unmarried brothers have negatively affected the bargaining power of young married women and their access to childcare assistance from their mothers-in-law. In terms of household help, sibling size and the equity principle have prevented mothers-in-law in larger extended families from providing assistance during both the pre-reform and reform periods. Although the equity norm is a pivotal moral resource for daughters-in-law in negotiating parental support, other competing norms, particularly parents' obligations to their unmarried adult sons, may set limits on their claims and bargaining power. FINDINGS demonstrate that the distribution of childcare and household help provided by mothers-in-law are results of intra- and intergenerational negotiation among daughters- and mothers-in-law, rather than simply a dyadic parent-child relationship. Competing norms and daughters-in-law also play important roles in the negotiation for parental help. Copyright © 2015 Elsevier Inc. All rights reserved.

  3. Toward instructional design principles: Inducing Faraday's law with contrasting cases

    NASA Astrophysics Data System (ADS)

    Kuo, Eric; Wieman, Carl E.

    2016-06-01

    Although physics education research (PER) has improved instructional practices, there are not agreed upon principles for designing effective instructional materials. Here, we illustrate how close comparison of instructional materials could support the development of such principles. Specifically, in discussion sections of a large, introductory physics course, a pair of studies compare two instructional strategies for teaching a physics concept: having students (i) explain a set of contrasting cases or (ii) apply and build on previously learned concepts. We compare these strategies for the teaching of Faraday's law, showing that explaining a set of related contrasting cases not only improves student performance on Faraday's law questions over building on a previously learned concept (i.e., Lorentz force), but also prepares students to better learn subsequent topics, such as Lenz's law. These differences persist to the final exam. We argue that early exposure to contrasting cases better focuses student attention on a key feature related to both concepts: change in magnetic flux. Importantly, the benefits of contrasting cases for both learning and enjoyment are enhanced for students who did not first attend a Faraday's law lecture, consistent with previous research suggesting that being told a solution can circumvent the benefits of its discovery. These studies illustrate an experimental approach for understanding how the structure of activities affects learning and performance outcomes, a first step toward design principles for effective instructional materials.

  4. Reducing intoxication among bar patrons: some lessons from prevention of drinking and driving.

    PubMed

    Graham, Kathryn; Miller, Peter; Chikritzhs, Tanya; Bellis, Mark A; Clapp, John D; Hughes, Karen; Toomey, Traci L; Wells, Samantha

    2014-05-01

    Intoxication in and around licensed premises continues to be common, despite widespread training in the responsible service of alcohol and laws prohibiting service to intoxicated individuals. However, research suggests that training and the existence of laws are unlikely to have an impact on intoxication without enforcement, and evidence from a number of countries indicates that laws prohibiting service to intoxicated individuals are rarely enforced. Enforcement is currently hampered by the lack of a standardized validated measure for defining intoxication clearly, a systematic approach to enforcement and the political will to address intoxication. We argue that adoption of key principles from successful interventions to prevent driving while intoxicated could be used to develop a model of consistent and sustainable enforcement. These principles include: applying validated and widely accepted criteria for defining when a person is 'intoxicated'; adopting a structure of enforceable consequences for violations; implementing procedures of unbiased enforcement; using publicity to ensure that there is a perceived high risk of being caught and punished; and developing the political will to support ongoing enforcement. Research can play a critical role in this process by: developing and validating criteria for defining intoxication based on observable behaviour; documenting the harms arising from intoxication, including risk curves associated with different levels of intoxication; estimating the policing, medical and social costs from intoxicated bar patrons; and conducting studies of the cost-effectiveness of different interventions to reduce intoxication. © 2013 Society for the Study of Addiction.

  5. Availability of Litigation as a Public Health Tool for Firearm Injury Prevention: Comparison of Guns, Vaccines, and Motor Vehicles

    PubMed Central

    Vernick, Jon S.; Rutkow, Lainie; Salmon, Daniel A.

    2007-01-01

    The Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, grants the firearm industry broad immunity from liability. The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation’s ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer. When the viability of the vaccine industry was threatened in the 1980s, Congress provided limited protection from liability and also established the Vaccine Injury Compensation Program. The liability of nearly all other products, for example motor vehicles, is governed by traditional common law principles. The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public’s health. PMID:17901450

  6. The legal and ethical aspects of telemedicine. 1: Confidentiality and the patient's rights of access.

    PubMed

    Stanberry, B

    1997-01-01

    This paper reviews the principle of confidentiality and the rights of access by patients to their medical records. Confidentiality has been germane to the ethics of medical practice since the time of Hippocrates but the nature of the legal obligation of confidence does not have such a clear pedigree. The introduction of cross-border telemedical consultations presents a very real danger to maintaining the confidentiality of medical data. While both the common law and statute law can be used to prevent the unauthorized interception and disclosure of medical data and protect the patient's rights of access and ownership in the UK, it is the harmonization regime of the European Union that will bring comprehensive regulation and legal clarity to the protection of patients' rights within an increasingly international medical 'super-specialty'.

  7. Scaling laws for ignition at the National Ignition Facility from first principles.

    PubMed

    Cheng, Baolian; Kwan, Thomas J T; Wang, Yi-Ming; Batha, Steven H

    2013-10-01

    We have developed an analytical physics model from fundamental physics principles and used the reduced one-dimensional model to derive a thermonuclear ignition criterion and implosion energy scaling laws applicable to inertial confinement fusion capsules. The scaling laws relate the fuel pressure and the minimum implosion energy required for ignition to the peak implosion velocity and the equation of state of the pusher and the hot fuel. When a specific low-entropy adiabat path is used for the cold fuel, our scaling laws recover the ignition threshold factor dependence on the implosion velocity, but when a high-entropy adiabat path is chosen, the model agrees with recent measurements.

  8. Normative foundations of technology transfer and transnational benefit principles in the UNESCO Universal Declaration on Bioethics and Human Rights.

    PubMed

    Faunce, Thomas Alured; Nasu, Hitoshi

    2009-06-01

    The United Nations Scientific, Education, and Cultural Organization Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a "nonbinding" declaration under public international law. The UDBHR's foundation within bioethics (and association, e.g., with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important principles of technology transfer and transnational benefit (articles 14, 15, and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of such principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect, and how these may be relevant to their conceptual evolution and application.

  9. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law. Where...

  10. 32 CFR 700.705 - Observance of international law.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law. Where...

  11. Study of the distribution patterns of the constituent herbs in classical Chinese medicine prescriptions treating respiratory disease by data mining methods.

    PubMed

    Fu, Xian-Jun; Song, Xu-Xia; Wei, Lin-Bo; Wang, Zhen-Guo

    2013-08-01

    To provide the distribution pattern and compatibility laws of the constituent herbs in prescriptions, for doctor's convenience to make decision in choosing correct herbs and prescriptions for treating respiratory disease. Classical prescriptions treating respiratory disease were selected from authoritative prescription books. Data mining methods (frequent itemsets and association rules) were used to analyze the regular patterns and compatibility laws of the constituent herbs in the selected prescriptions. A total of 562 prescriptions were selected to be studied. The result exhibited that, Radix glycyrrhizae was the most frequently used in 47.2% prescriptions, other frequently used were Semen armeniacae amarum, Fructus schisandrae Chinese, Herba ephedrae, and Radix ginseng. Herbal ephedrae was always coupled with Semen armeniacae amarum with the confidence of 73.3%, and many herbs were always accompanied by Radix glycyrrhizae with high confidence. More over, Fructus schisandrae Chinese, Herba ephedrae and Rhizoma pinelliae was most commonly used to treat cough, dyspnoea and associated sputum respectively besides Radix glycyrrhizae and Semen armeniacae amarum. The prescriptions treating dyspnoea often used double herb group of Herba ephedrae & Radix glycyrrhizae, while prescriptions treating sputum often used double herb group of Rhizoma pinelliae & Radix glycyrrhizae and Rhizoma pinelliae & Semen armeniacae amarum, triple herb groups of Rhizoma pinelliae & Semen armeniacae amarum & Radix glycyrrhizae and Pericarpium citri reticulatae & Rhizoma pinelliae & Radix glycyrrhizae. The prescriptions treating respiratory disease showed common compatibility laws in using herbs and special compatibility laws for treating different respiratory symptoms. These principle patterns and special compatibility laws reported here could be useful for doctors to choose correct herbs and prescriptions in treating respiratory disease.

  12. Forensic psychiatry, one subspecialty with two ethics? A systematic review.

    PubMed

    Niveau, Gérard; Welle, Ida

    2018-04-10

    Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty.

  13. [Off-label drug use of the misoprostol in gynecology & obstetrics: From a medico-economics benefit to a potential legal risk].

    PubMed

    Decamps-Mini, D; Pelofi, J; Treisser, A

    2015-06-01

    The scandal of the Mediator® case led the legislature to take measures in order to regulate off-label drugs prescriptions. Indeed the law issued in December 29th, 2011 on strengthening the safety of drugs and all derivative health products came to pave the way for an "over-cautious" practice of medicine in line with the precautionary principle erected as a constitutional principle. The supervision of off-label prescribing has had a direct impact on the exercise of the medical profession and has resurrected the issues related to the freedom of prescription, the obligation to provide information to patients and in general their whole responsibility. It is important to mention that the prescribing act is part of the freedom and the strict prerogative of those skilled in the art: the physician in this case. The off-label prescription is commonly accepted in certain specialties, such as anesthesia and intensive care, oncology or pediatrics where it is even subject of a memorandum of use because of concerns regarding the availability of forms adapted to children. However, the physician must ensure that no appropriate therapeutic alternative is available and inform the patient, fundamental principle of the right to respect for the will of the person. Off-label use of the prostaglandin-E1 analogue misoprostol in obstetrics and gynecology is a good example. In fact, this drug obtained a marketing authorization for the treatment or prevention of peptic ulcers and other stomach disorders, is commonly used off-label when inducing labour or intrauterine device insertion. These are the issues that need to be clarify and carefully assessed in order to help physicians to understand the impact of the law and the state of the jurisprudence on the exercise of their profession. Copyright © 2015. Published by Elsevier SAS.

  14. Paradigm of Legal Protection of Computer Software Contracts in the United States: Brief Overview of “Principles of the Law of Software Contracts”

    NASA Astrophysics Data System (ADS)

    Furuya, Haruhisa; Hiratsuka, Mitsuyoshi

    This article overviews the historical transition of legal protection of Computer software contracts in the Unite States and presents how it should function under Uniform Commercial Code and its amended Article 2B, Uniform Computer Information Transactions Act, and also recently-approved “Principles of the Law of Software Contracts”.

  15. The meaning of the EPSRC principles of robotics

    NASA Astrophysics Data System (ADS)

    Bryson, Joanna J.

    2017-04-01

    In revisiting the Principles of Robotics (as we do in this special issue), it is important to carefully consider their full meaning - their history, the intentions behind them, and their actual societal impact to date. Here I address first the meaning of the document as a whole, then of its constituent parts. Further, I describe the nature of policy, and use the Principles as a case study to discuss how government and academia can interact in constructing policy. I defend the Principles and their main themes: that commercially manufactured robots should not be responsible parties under the law, and that users should not be deceived about robots' capacities or moral status. This perspective allows for the incorporation of robots immediately into UK society and law - the objective of the Principles. The Principles were not designed for every conceivable robot, but rather serve in part as design specifications for robots to be incorporated as legal products into British society.

  16. Metaphysics of the principle of least action

    NASA Astrophysics Data System (ADS)

    Terekhovich, Vladislav

    2018-05-01

    Despite the importance of the variational principles of physics, there have been relatively few attempts to consider them for a realistic framework. In addition to the old teleological question, this paper continues the recent discussion regarding the modal involvement of the principle of least action and its relations with the Humean view of the laws of nature. The reality of possible paths in the principle of least action is examined from the perspectives of the contemporary metaphysics of modality and Leibniz's concept of essences or possibles striving for existence. I elaborate a modal interpretation of the principle of least action that replaces a classical representation of a system's motion along a single history in the actual modality by simultaneous motions along an infinite set of all possible histories in the possible modality. This model is based on an intuition that deep ontological connections exist between the possible paths in the principle of least action and possible quantum histories in the Feynman path integral. I interpret the action as a physical measure of the essence of every possible history. Therefore only one actual history has the highest degree of the essence and minimal action. To address the issue of necessity, I assume that the principle of least action has a general physical necessity and lies between the laws of motion with a limited physical necessity and certain laws with a metaphysical necessity.

  17. 20 CFR 401.140 - General principles.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false General principles. 401.140 Section 401.140... INFORMATION Disclosure of Official Records and Information § 401.140 General principles. When no law... follow FOIA principles to resolve that question. We do this to insure uniform treatment in all situations...

  18. We the People: Law Day USA 1987. 1987 Planning Guide.

    ERIC Educational Resources Information Center

    American Bar Association, Chicago, IL.

    "We the People" is the theme for the 1987 American Bar Association's 30th annual Law Day USA, observed May 1. This guide brings together information to help plan and execute programs which call attention to the principles and practices of United States law and justice. The guide contains facts about Law Day; tips for planning a Law Day…

  19. Analysis of Environmental Law Enforcement Mechanism Based on Economic Principle

    NASA Astrophysics Data System (ADS)

    Cao, Hongjun; Shao, Haohao; Cai, Xuesen

    2017-11-01

    Strengthening and improving the environmental law enforcement mechanism is an important way to protect the ecological environment. This paper is based on economical principles, we did analysis of the marginal management costs by using Pigou means and the marginal transaction costs by using Coase means vary with the quantity growth of pollutant discharge Enterprises. We analyzed all this information, then we got the conclusion as follows. In the process of strengthening the environmental law enforcement mechanism, firstly, we should fully mobilize all aspects of environmental law enforcement, such as legislative bodies and law enforcement agencies, public welfare organizations, television, newspapers, enterprises, people and so on, they need to form a reasonable and organic structure system; then we should use various management means, such as government regulation, legal sanctions, fines, persuasion and denounce, they also need to form an organic structural system.

  20. Scientific explanations in Greek upper secondary physics textbooks

    NASA Astrophysics Data System (ADS)

    Velentzas, Athanasios; Halkia, Krystallia

    2018-01-01

    In this study, an analysis of the structure of scientific explanations included in physics textbooks of upper secondary schools in Greece was completed. In scientific explanations for specific phenomena found in the sample textbooks, the explanandum is a logical consequence of the explanans, which in all cases include at least one scientific law (and/or principle, model or rule) previously presented, as well as statements concerning a specific case or specific conditions. The same structure is also followed in most of the cases in which the textbook authors explain regularities (i.e. laws, rules) as consequences of one or more general law or principle of physics. Finally, a number of the physics laws and principles presented in textbooks are not deduced as consequences from other, more general laws, but they are formulated axiomatically or inductively derived and the authors argue for their validity. Since, as it was found, the scientific explanations presented in the textbooks used in the study have similar structures to the explanations in internationally known textbooks, the findings of the present work may be of interest not only to science educators in Greece, but also to the community of science educators in other countries.

  1. Conservation of wave action. [in discrete oscillating system

    NASA Technical Reports Server (NTRS)

    Hayes, W. D.

    1974-01-01

    It is pointed out that two basic principles appear in the theory of wave propagation, including the existence of a phase variable and a law governing the intensity, in terms of a conservation law. The concepts underlying such a conservation law are explored. The waves treated are conservative in the sense that they obey equations derivable from a variational principle applied to a Lagrangian functional. A discrete oscillating system is considered. The approach employed also permits in a natural way the definition of a local action density and flux in problems in which the waves are modal or general.

  2. [Euthanasia, assisted suicide, and the principle of double effect: a reply to Rodolfo Figueroa].

    PubMed

    Miranda, Alejandro M

    2012-02-01

    The purpose of this paper is to defend the traditional application of the principle of double effect as a criterion for assessing the permissibility of actions that have as their common aim to end the suffering of seriously ill patients. According to this principle, euthanasia and physician-assisted suicide are always illicit acts, while the same is not said for other actions that bring about patient's death as a foreseen effect, namely, palliative treatments that hasten death or failure or interruption of life support. The reason for this difference is that, in the first two cases, the patient's death is intended as a means of pain relief; whereas, in the latter two, death is only a side effect of a medical act, an act justifiable if it is necessary to achieve a proportionate good. In a recent issue of this Journal, Professor Rodolfo Figueroa denied the soundness of the principle of double effect and maintained that all actions described above should be considered equivalent in law enforcement. Here, the author presents a reply to that argument, and also offers a justification of the afore said principle's core, that is, the moral and legal relevance of the distinction between intended effects and foreseen side effects.

  3. Law and Foreign Policy: Problems in Intercultural Communications.

    ERIC Educational Resources Information Center

    Bozeman, Adda B.

    The values and norms of Western law are not universally accepted as basic values and norms in other cultures. Therefore, the contractual processes of Western law should not be considered the basic foundation for all foreign policy negotiations. In Western cultures, principles of law are differentiated from other values based on religion, ethics,…

  4. Libel and Invasion of Privacy Manual.

    ERIC Educational Resources Information Center

    Associated Press Managing Editors.

    Intended to provide practical suggestions for reporters and editors, this manual presents the basic law of libel and invasion of privacy in the United States. Following an introduction noting that these are general principles of law and do not fully represent the laws of each state, the guide discusses various aspects of libel law: (1) definitions…

  5. Understanding and applying principles of social cognition and ...

    EPA Pesticide Factsheets

    Environmental governance systems are under greater pressure to adapt and to cope with increased social and ecological uncertainty from stressors like climate change. We review principles of social cognition and decision making that shape and constrain how environmental governance systems adapt. We focus primarily on the interplay between key decision makers in society and legal systems. We argue that adaptive governance must overcome three cooperative dilemmas to facilitate adaptation: (1) encouraging collaborative problem solving, (2) garnering social acceptance and commitment, and (3) cultivating a culture of trust and tolerance for change and uncertainty. However, to do so governance systems must cope with biases in people’s decision making that cloud their judgment and create conflict. These systems must also satisfy people’s fundamental needs for self-determination, fairness, and security, ensuring that changes to environmental governance are perceived as legitimate, trustworthy, and acceptable. We discuss the implications of these principles for common governance solutions (e.g., public participation, enforcement) and conclude with methodological recommendations. We outline how scholars can investigate the social cognitive principles involved in cases of adaptive governance. Social-ecological stressors place significant pressure on major societal systems, triggering adaptive reforms in human governance and environmental law. Though potentially benefici

  6. Assessing knowledge and application of emergency risk communication principles among public health workers in China.

    PubMed

    Cope, James R; Frost, Melinda; Richun, Li; Xie, Ruiqian

    2014-06-01

    Since 2003, the Chinese National Health and Family Planning Commission (formerly the Ministry of Health) has implemented changes to more effectively communicate risk during public health emergencies. In spite of ongoing improvements, provincial and sub-provincial leaders face barriers, such as established modes of operation, lack of training, shortage of trained risk communicators, and limited understanding and willingness of recipients to mitigate risks. We assessed the current status of and barriers to risk communication knowledge and practice among public health practitioners in China. We designed the survey questionnaire to capture information related to the risk communication core capacities required by international health regulations and common risk communication principles. Our findings showed that risk communication training has successfully developed an awareness of risk communication principles and the ability to implement those principles in practice in China. Future efforts should focus on areas such as a dedicated risk communication workforce, requirements that public health agencies develop a risk communication plan, and additional training for public health practitioners and their partners. It is critical that the infectious diseases prevention and control law be amended to grant provincial and local public health agencies more autonomy to release information.

  7. Equivalence of the Kelvin-Planck statement of the second law and the principle of entropy increase

    NASA Astrophysics Data System (ADS)

    Sarasua, L. G.; Abal, G.

    2016-09-01

    We present a demonstration of the equivalence between the Kelvin-Planck statement of the second law and the principle of entropy increase. Despite the fundamental importance of these two statements, a rigorous treatment to establish their equivalence is missing in standard physics textbooks. The argument is valid under very general conditions, but is simple and suited to an undergraduate course.

  8. Thermodynamics in landscape ecology: The importance of integrating measurement and modeling of landscape entropy

    Treesearch

    Samuel A. Cushman

    2015-01-01

    Entropy and the second law of thermodynamics are the central organizing principles of nature. Or perhaps more accurately, the second law is the central disorganizing principle. Hot things cool down. Cold things warm up. You cannot get something for nothing. You always pay more than you get. Things fall apart. You cannot repeat the past. We grow old and die. It is all...

  9. Philosophy of organ donation: Review of ethical facets.

    PubMed

    Dalal, Aparna R

    2015-06-24

    Transplantation ethics is a philosophy that incorporates systematizing, defending and advocating concepts of right and wrong conduct related to organ donation. As the demand for organs increases, it is essential to ensure that new and innovative laws, policies and strategies of increasing organ supply are bioethical and are founded on the principles of altruism and utilitarianism. In the field of organ transplantation, role of altruism and medical ethics values are significant to the welfare of the society. This article reviews several fundamental ethical principles, prevailing organ donation consent laws, incentives and policies related to the field of transplantation. The Ethical and Policy Considerations in Organ Donation after Circulatory Determination of Death outline criteria for death and organ retrieval. Presumed consent laws prevalent mostly in European countries maintain that the default choice of an individual would be to donate organs unless opted otherwise. Explicit consent laws require organ donation to be proactively affirmed with state registries. The Declaration of Istanbul outlines principles against organ trafficking and transplant tourism. World Health Organization's Guiding Principles on Human Cell, Tissue and Organ Transplantation aim at ensuring transparency in organ procurement and allocation. The ethics of financial incentives and non-financial incentives such as incorporation of non-medical criteria in organ priority allocation have also been reviewed in detail.

  10. Philosophy of organ donation: Review of ethical facets

    PubMed Central

    Dalal, Aparna R

    2015-01-01

    Transplantation ethics is a philosophy that incorporates systematizing, defending and advocating concepts of right and wrong conduct related to organ donation. As the demand for organs increases, it is essential to ensure that new and innovative laws, policies and strategies of increasing organ supply are bioethical and are founded on the principles of altruism and utilitarianism. In the field of organ transplantation, role of altruism and medical ethics values are significant to the welfare of the society. This article reviews several fundamental ethical principles, prevailing organ donation consent laws, incentives and policies related to the field of transplantation. The Ethical and Policy Considerations in Organ Donation after Circulatory Determination of Death outline criteria for death and organ retrieval. Presumed consent laws prevalent mostly in European countries maintain that the default choice of an individual would be to donate organs unless opted otherwise. Explicit consent laws require organ donation to be proactively affirmed with state registries. The Declaration of Istanbul outlines principles against organ trafficking and transplant tourism. World Health Organization’s Guiding Principles on Human Cell, Tissue and Organ Transplantation aim at ensuring transparency in organ procurement and allocation. The ethics of financial incentives and non-financial incentives such as incorporation of non-medical criteria in organ priority allocation have also been reviewed in detail. PMID:26131406

  11. [Fuzzy mathematic quantitative law of composing principle in the study of traditional Chinese medicine].

    PubMed

    Liu, Ming; Gao, Yue; Xiao, Rui; Zhang, Bo-li

    2009-01-01

    This study is to analyze microcosmic significance of Chinese medicine composing principle "principal, assistant, complement and mediating guide" and it's fuzzy mathematic quantitative law. According to molecular biology and maximal membership principle, fuzzy subset and membership functions were proposed. Using in vivo experiment on the effects of SiWu Decoction and its ingredients on mice with radiation-induced blood deficiency, it is concluded that DiHuang and DangGui belonged to the principal and assistant subset, BaiShao belonged to the contrary complement subset, ChuanXiong belonged to the mediating guide subset by maximal membership principle. It is discussed that traditional Chinese medicine will be consummate medical science when its theory can be described by mathematic language.

  12. 20 CFR 222.13 - Common-law marriage relationship.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage relationship. Under the laws of some States, a common-law marriage is one which is not solemnized in a formal... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false Common-law marriage relationship. 222.13...

  13. 20 CFR 222.13 - Common-law marriage relationship.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage relationship. Under the laws of some States, a common-law marriage is one which is not solemnized in a formal... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true Common-law marriage relationship. 222.13...

  14. 20 CFR 222.13 - Common-law marriage relationship.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage relationship. Under the laws of some States, a common-law marriage is one which is not solemnized in a formal... 20 Employees' Benefits 1 2012-04-01 2012-04-01 false Common-law marriage relationship. 222.13...

  15. 20 CFR 222.13 - Common-law marriage relationship.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage relationship. Under the laws of some States, a common-law marriage is one which is not solemnized in a formal... 20 Employees' Benefits 1 2014-04-01 2012-04-01 true Common-law marriage relationship. 222.13...

  16. 20 CFR 222.13 - Common-law marriage relationship.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Common-law marriage relationship. 222.13... FAMILY RELATIONSHIPS Relationship as Wife, Husband, or Widow(er) § 222.13 Common-law marriage relationship. Under the laws of some States, a common-law marriage is one which is not solemnized in a formal...

  17. Human rights for women: battles of culture and power.

    PubMed

    Poulsen, K

    1995-06-01

    In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.

  18. JPRS Report, Science & Technology, Japan, Industrial Property Rights

    DTIC Science & Technology

    1990-11-01

    obligation to pay attention to effective management means of civil law ( contract law ) and commercial law is (Section 3, Article 254 of the Commercial...on the basis of legal principles such as contract law , (2) the action of obtaining a business secret, without illegal activities, and breach of...SCIENCE & TECHNOLOGY POLICY 21 3. Trend of the International Debate information mainly by contract law and the illegal prac- tices law of the Civil Code

  19. Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform.

    PubMed

    Eyraud, Benoît

    2016-01-01

    Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This "socio-civil capacity", which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her "natural" abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization. Copyright © 2016. Published by Elsevier Ltd.

  20. Complexity matching in dyadic conversation.

    PubMed

    Abney, Drew H; Paxton, Alexandra; Dale, Rick; Kello, Christopher T

    2014-12-01

    Recent studies of dyadic interaction have examined phenomena of synchronization, entrainment, alignment, and convergence. All these forms of behavioral matching have been hypothesized to play a supportive role in establishing coordination and common ground between interlocutors. In the present study, evidence is found for a new kind of coordination termed complexity matching. Temporal dynamics in conversational speech signals were analyzed through time series of acoustic onset events. Timing in periods of acoustic energy was found to exhibit behavioral matching that reflects complementary timing in turn-taking. In addition, acoustic onset times were found to exhibit power law clustering across a range of timescales, and these power law functions were found to exhibit complexity matching that is distinct from behavioral matching. Complexity matching is discussed in terms of interactive alignment and other theoretical principles that lead to new hypotheses about information exchange in dyadic conversation and interaction in general. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  1. The Promise of Law-Related Education as Delinquency Prevention. Technical Assistance Bulletin.

    ERIC Educational Resources Information Center

    Parrini, Michelle, Ed.

    According to the Law Related Education Act of 1978, Law-Related Education (LRE) can be defined as "education to equip nonlawyers with knowledge and skills pertaining to the law, the legal process, the legal system, and the fundamental principles and values on which these are based." LRE teaches essential concepts of democracy, including…

  2. Language and Content: The Case of Law.

    ERIC Educational Resources Information Center

    Beasley, Colin J.

    A discussion of the teaching and learning of English for special purposes focuses on the interrelationship of content and language, particularly in the case of education for the legal professions. It is noted that law students must both study a large corpus of case and statute law and legal principles and learn the language of the law, with its…

  3. Law and ethics in conflict over confidentiality?

    PubMed

    Dickens, B M; Cook, R J

    2000-09-01

    Ethical principles that require the preservation of patients' confidential information are reinforced by principles found in several areas of law, such as law on contracts, negligence, defamation and fiduciary duty. However, laws sometimes compel disclosures of medical confidences, and more often may justify or excuse disclosures. Legally contentious issues concern patients' confidences regarding possible unlawful conduct, such as pregnancy termination, and the risk of spread of HIV and other infections. This article reviews the various legal bases of the duty of confidentiality, and legal challenges to the ethical obligation of non-disclosure. It addresses the justifications and limits of exchange of patients' health information among healthcare professionals and trainees, and considers legally recognized limits of confidential duties, and the scope of legitimate disclosure. An underlying theme is how to determine whether physicians are ethically justified in employing the discretion the law sometimes affords them to breach patients' expectations of confidentiality.

  4. Balancing economic freedom against social policy principles: EC competition law and national health systems.

    PubMed

    Mossialos, Elias; Lear, Julia

    2012-07-01

    EU Health policy exemplifies the philosophical tension between EC economic freedoms and social policy. EC competition law, like other internal market rules, could restrict national health policy options despite the subsidiarity principle. In particular, European health system reforms that incorporate elements of market competition may trigger the application of competition rules if non-economic gains in consumer welfare are not adequately accounted for. This article defines the policy and legal parameters of the debate between competition law and health policy. Using a sample of cases it analyses how the ECJ, national courts, and National Competition Authorities have applied competition laws to the health services sector in different circumstances and in different ways. It concludes by considering the implications of the convergence of recent trends in competition law enforcement and health system market reforms. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  5. [Reciprocal altruism--the resurrection of an old ethical principle in the Israeli organ transplant law].

    PubMed

    Lavee, Jacob

    2014-01-01

    The new Israeli Organ Transplant Law grants priority in organ allocation to candidates for transplantation who have registered as organ donors at least 3 years prior to being listed or have been Live organ donors or have a first degree relative who has been a deceased donor. This unique law resurrects the old ethical principle of reciprocal altruism in which each partner in society helps the other while he helps himself. The altruist benefits because in time he, in turn, is helped. The law aims to eliminate the "free riding" phenomenon of candidates for organ transplantation who do not accept brain death and therefore object to organ donation after death yet do not abstain from waiting for such donation. The morality of such behavior is discussed along with the ethical appraisal of its solution in the law, suggesting it to be just and fair.

  6. REALIZATION OF INFORMED CONSENT AS ONE OF PATIENT'S RIGHTS: CURRENT SITUATION IN AZERBAIJAN.

    PubMed

    Rustamova, F A; Mammadov, V G; Munir, K M

    Azerbaijan is a country in which the law is based on democratic principles. The mentioned principles underlie the national health care law. Democratic values, such as respect for human rights and freedoms, human dignity, as well as universal bioethical principles that are widely implemented in the national law, create conditions for the implementation of the patient's rights. The basic law governing the doctor-patient relationship, Law on Protection of Health of Population in Azerbaijan, reflects the basic patients' rights and obligations of doctors and medical institutions. Informed consent, which is a key component of patient rights, is also reflected, however, to date, a significant drawback of the Azerbaijan medical legislation is described in the article in this field. For example, at the moment there is no single standardized informed consent form in the country's different medical institutions. Due to the absence of any legally approved standards for informed consent forms, public and private health care institutions individually develop such forms, which sometimes can differ significantly. At the moment, one of the important directions in the field of healthcare is its improvement in accordance with international standards. The research made it possible to make conclusions about the necessary measures to improve and unify the informed consent form. The authors also analyzed the main provisions of the medical law of Azerbaijan and identified the main trends of its further development.

  7. Statistical mechanical foundation of the peridynamic nonlocal continuum theory: energy and momentum conservation laws.

    PubMed

    Lehoucq, R B; Sears, Mark P

    2011-09-01

    The purpose of this paper is to derive the energy and momentum conservation laws of the peridynamic nonlocal continuum theory using the principles of classical statistical mechanics. The peridynamic laws allow the consideration of discontinuous motion, or deformation, by relying on integral operators. These operators sum forces and power expenditures separated by a finite distance and so represent nonlocal interaction. The integral operators replace the differential divergence operators conventionally used, thereby obviating special treatment at points of discontinuity. The derivation presented employs a general multibody interatomic potential, avoiding the standard assumption of a pairwise decomposition. The integral operators are also expressed in terms of a stress tensor and heat flux vector under the assumption that these fields are differentiable, demonstrating that the classical continuum energy and momentum conservation laws are consequences of the more general peridynamic laws. An important conclusion is that nonlocal interaction is intrinsic to continuum conservation laws when derived using the principles of statistical mechanics.

  8. An Analysis of Ethics Laws, Compliance with Ethical Standards, and Ethical Core Competency within the Department of the Army

    DTIC Science & Technology

    2016-06-15

    laws and ethical principles above private gain. (2) Employees shall not hold financial interests that conflict with the conscientious...applying ethical principles to decision-making. We analyze the DA ethics training courses, policies, and procedures. The project explores the...leveraging the Enterprises buying power to obtain goods and services more efficiently. Ms. Lyons earned her Bachelor of Science degree in Accounting in

  9. A Principle for Network Science

    DTIC Science & Technology

    2011-02-01

    we consider is the sound of splashing water from a leaky faucet . This sequence of water drops can set your teeth on edge and leads to tossing and...intermittent sequence of water drops from a leaky faucet is described by a Lévy stable distribution that is an asymptotically inverse power-law with index...universality of physics: the conservation of energy, symmetry principles, and the laws of thermodynamics have no analogs in the soft sciences. This

  10. Universal principles governing multiple random searchers on complex networks: The logarithmic growth pattern and the harmonic law

    NASA Astrophysics Data System (ADS)

    Weng, Tongfeng; Zhang, Jie; Small, Michael; Harandizadeh, Bahareh; Hui, Pan

    2018-03-01

    We propose a unified framework to evaluate and quantify the search time of multiple random searchers traversing independently and concurrently on complex networks. We find that the intriguing behaviors of multiple random searchers are governed by two basic principles—the logarithmic growth pattern and the harmonic law. Specifically, the logarithmic growth pattern characterizes how the search time increases with the number of targets, while the harmonic law explores how the search time of multiple random searchers varies relative to that needed by individual searchers. Numerical and theoretical results demonstrate these two universal principles established across a broad range of random search processes, including generic random walks, maximal entropy random walks, intermittent strategies, and persistent random walks. Our results reveal two fundamental principles governing the search time of multiple random searchers, which are expected to facilitate investigation of diverse dynamical processes like synchronization and spreading.

  11. [Ludwik Fleck and the Gestalt psychology of his time].

    PubMed

    Zittel, Claus

    2014-01-01

    The notion of 'Gestalt' plays a prominent role in Ludwik Fleck's theory of thought styles. This paper scrutinizes how Fleck adopted the concepts and even methods of Gestalt psychology that he sometimes vaguely refers to. Systematically comparing the argumentation and theoretical outlines of Fleck's social theory of perception and the principles of some Gestalt theories, this article will show and discuss their similarities and fundamental differences. According to Fleck, both science and individual perception rest on social actions and cultural traditions. In particular, Fleck emphasized the relevance of the common language and collective meanings for the shaping of objects according to the thought style of a scientific collective. In contrast to the principles of Gestalt theories, in Fleck's view not only the perception, but also the constitution of scientific objects and even the'laws' of perception depend on social and cultural constructions of reality. That leads him to a particular theory of Gestalt perception

  12. Health information: reconciling personal privacy with the public good of human health.

    PubMed

    Gostin, L O

    2001-01-01

    The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The laws are scattered and fragmented across the states. Constitutional law is highly general, without important specific safeguards. Finally, a case study is provided showing the important trade-offs that exist between public health and privacy. For a model public health law, see www.critpath.org/msphpa/privacy.

  13. Hooke's law: applications of a recurring principle.

    PubMed

    Giuliodori, Mauricio J; Lujan, Heidi L; Briggs, Whitney S; Palani, Gurunanthan; DiCarlo, Stephen E

    2009-12-01

    Students generally approach topics in physiology as a series of unrelated phenomena that share few underlying principles. However, if students recognized that the same underlying principles can be used to explain many physiological phenomena, they may gain a more unified understanding of physiological systems. To address this concern, we developed a simple, inexpensive, and easy to build model to demonstrate the underlying principles regarding Starling's Law of the Heart as well as lung and arterial elastic recoil. A model was chosen because models significantly enhance student understanding. Working with models also encourages research-oriented learning and helps our students understand complex ideas. Students are drawn into discussion by the power of learning that is associated with manipulating and thinking about objects. Recognizing that the same underlying principles can be used to explain many physiological phenomena may help students gain a more complete understanding of physiological systems.

  14. Ethics for Medical Educators: An Overview and Fallacies

    PubMed Central

    Singh, Arjun

    2010-01-01

    Ethics is the rule of right conduct or practice in a profession. The basic principles of ethics are beneficence, justice and autonomy or individual freedom. There is very minor demarcation between ethics and the law. The ethics is promulgated by the professional bodies. All are expected to guide the medical professional in their practice. Medical educators have dual ethical obligations: firstly, to the society at large which expects us to produce competent health professionals, and secondly, to the students under our care. The students observe and copy what their teacher does and his/her role modelling can be a gateway to a student's character building. Due to rapid increase in the number of medical colleges, privatization, and capitalism, ethical issue has become much more relevant and needs to discuss in detail. The present paper discusses the ethics for medical educators in detail with, basic principles, common breaches of ethics and fallacies due to wrong application of ethical principles, and the approach to ethics and methods by which we can prevent and avoid breach of ethics. PMID:21716861

  15. Medical Negligence Determinations, the "Right to Try," and Expanded Access to Innovative Treatments.

    PubMed

    Meyerson, Denise

    2017-09-01

    This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to innovate was "responsible." A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed "Right to Try" laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access.

  16. Minimum Wage Laws: Who Benefits, Who Loses? Series on Public Issues No. 2.

    ERIC Educational Resources Information Center

    Hobson, Margaret Jane; Maurice, S. Charles

    It is the thesis of this booklet, one of a series intended to apply economic principles to major social and political issues of the day, that minimum wage laws actually hurt those whom such laws are designed to help. From this point of departure, separate subsections examine economic implications of minimum wage laws, including discussion of what…

  17. "A calorie is a calorie" violates the second law of thermodynamics

    PubMed Central

    Feinman, Richard D; Fine, Eugene J

    2004-01-01

    The principle of "a calorie is a calorie," that weight change in hypocaloric diets is independent of macronutrient composition, is widely held in the popular and technical literature, and is frequently justified by appeal to the laws of thermodynamics. We review here some aspects of thermodynamics that bear on weight loss and the effect of macronutrient composition. The focus is the so-called metabolic advantage in low-carbohydrate diets – greater weight loss compared to isocaloric diets of different composition. Two laws of thermodynamics are relevant to the systems considered in nutrition and, whereas the first law is a conservation (of energy) law, the second is a dissipation law: something (negative entropy) is lost and therefore balance is not to be expected in diet interventions. Here, we propose that a misunderstanding of the second law accounts for the controversy about the role of macronutrient effect on weight loss and we review some aspects of elementary thermodynamics. We use data in the literature to show that thermogenesis is sufficient to predict metabolic advantage. Whereas homeostasis ensures balance under many conditions, as a general principle, "a calorie is a calorie" violates the second law of thermodynamics. PMID:15282028

  18. "A calorie is a calorie" violates the second law of thermodynamics.

    PubMed

    Feinman, Richard D; Fine, Eugene J

    2004-07-28

    The principle of "a calorie is a calorie," that weight change in hypocaloric diets is independent of macronutrient composition, is widely held in the popular and technical literature, and is frequently justified by appeal to the laws of thermodynamics. We review here some aspects of thermodynamics that bear on weight loss and the effect of macronutrient composition. The focus is the so-called metabolic advantage in low-carbohydrate diets--greater weight loss compared to isocaloric diets of different composition. Two laws of thermodynamics are relevant to the systems considered in nutrition and, whereas the first law is a conservation (of energy) law, the second is a dissipation law: something (negative entropy) is lost and therefore balance is not to be expected in diet interventions. Here, we propose that a misunderstanding of the second law accounts for the controversy about the role of macronutrient effect on weight loss and we review some aspects of elementary thermodynamics. We use data in the literature to show that thermogenesis is sufficient to predict metabolic advantage. Whereas homeostasis ensures balance under many conditions, as a general principle, "a calorie is a calorie" violates the second law of thermodynamics.

  19. The principle of finiteness - a guideline for physical laws

    NASA Astrophysics Data System (ADS)

    Sternlieb, Abraham

    2013-04-01

    I propose a new principle in physics-the principle of finiteness (FP). It stems from the definition of physics as a science that deals with measurable dimensional physical quantities. Since measurement results including their errors, are always finite, FP postulates that the mathematical formulation of legitimate laws in physics should prevent exactly zero or infinite solutions. I propose finiteness as a postulate, as opposed to a statement whose validity has to be corroborated by, or derived theoretically or experimentally from other facts, theories or principles. Some consequences of FP are discussed, first in general, and then more specifically in the fields of special relativity, quantum mechanics, and quantum gravity. The corrected Lorentz transformations include an additional translation term depending on the minimum length epsilon. The relativistic gamma is replaced by a corrected gamma, that is finite for v=c. To comply with FP, physical laws should include the relevant extremum finite values in their mathematical formulation. An important prediction of FP is that there is a maximum attainable relativistic mass/energy which is the same for all subatomic particles, meaning that there is a maximum theoretical value for cosmic rays energy. The Generalized Uncertainty Principle required by Quantum Gravity is actually a necessary consequence of FP at Planck's scale. Therefore, FP may possibly contribute to the axiomatic foundation of Quantum Gravity.

  20. Developing Legal Problem-Solving Skills.

    ERIC Educational Resources Information Center

    Nathanson, Stephen

    1994-01-01

    A law professor explains how he came to view legal problem solving as the driving concept in law school curriculum design and draws on personal experience and a survey of students concerning teaching methods in a commercial law course. He outlines six curriculum design principles for teaching legal problem solving. (MSE)

  1. The First Law of Elasticity

    ERIC Educational Resources Information Center

    Girill, T. R.

    1972-01-01

    The Boyle-Mariotte gas law was formulated in terms of pneumatic springs," subsumed by Hooke under his own stress-strain relation, and generally regarded as a law of elasticity. The subsequent development of Boyle's principle and elasticity provide thought-provoking test cases for Kuhn's notations of paradigm and puzzle solving in physics.…

  2. Table of periodic properties of fullerenes based on structural parameters.

    PubMed

    Torrens, Francisco

    2004-01-01

    The periodic table (PT) of the elements suggests that hydrogen could be the origin of everything else. The construction principle is an evolutionary process that is formally similar to those of Darwin and Oparin. The Kekulé structure count and permanence of the adjacency matrix of fullerenes are related to structural parameters involving the presence of contiguous pentagons p, q and r. Let p be the number of edges common to two pentagons, q the number of vertices common to three pentagons, and r the number of pairs of nonadjacent pentagon edges shared between two other pentagons. Principal component analysis (PCA) of the structural parameters and cluster analysis (CA) of the fullerenes permit classifying them and agree. A PT of the fullerenes is built based on the structural parameters, PCA and CA. The periodic law does not have the rank of the laws of physics. (1) The properties of the fullerenes are not repeated; only, and perhaps, their chemical character. (2) The order relationships are repeated, although with exceptions. The proposed statement is the following: The relationships that any fullerene p has with its neighbor p + 1 are approximately repeated for each period.

  3. Superconducting gravity gradiometer for sensitive gravity measurements. I. Theory

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Chan, H.A.; Paik, H.J.

    1987-06-15

    Because of the equivalence principle, a global measurement is necessary to distinguish gravity from acceleration of the reference frame. A gravity gradiometer is therefore an essential instrument needed for precision tests of gravity laws and for applications in gravity survey and inertial navigation. Superconductivity and SQUID (superconducting quantum interference device) technology can be used to obtain a gravity gradiometer with very high sensitivity and stability. A superconducting gravity gradiometer has been developed for a null test of the gravitational inverse-square law and space-borne geodesy. Here we present a complete theoretical model of this instrument. Starting from dynamical equations for themore » device, we derive transfer functions, a common mode rejection characteristic, and an error model of the superconducting instrument. Since a gradiometer must detect a very weak differential gravity signal in the midst of large platform accelerations and other environmental disturbances, the scale factor and common mode rejection stability of the instrument are extremely important in addition to its immunity to temperature and electromagnetic fluctuations. We show how flux quantization, the Meissner effect, and properties of liquid helium can be utilized to meet these challenges.« less

  4. 2 CFR 220.15 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Agreements OFFICE OF MANAGEMENT AND BUDGET CIRCULARS AND GUIDANCE Reserved COST PRINCIPLES FOR EDUCATIONAL INSTITUTIONS (OMB CIRCULAR A-21) § 220.15 Policy. The principles in this part are designed to provide that the... accounting principles, except where restricted or prohibited by law. Agencies are not expected to place...

  5. Toward Instructional Design Principles: Inducing Faraday's Law with Contrasting Cases

    ERIC Educational Resources Information Center

    Kuo, Eric; Wieman, Carl E.

    2016-01-01

    Although physics education research (PER) has improved instructional practices, there are not agreed upon principles for designing effective instructional materials. Here, we illustrate how close comparison of instructional materials could support the development of such principles. Specifically, in discussion sections of a large, introductory…

  6. Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

    PubMed

    Kohler, Stefan; Minkner, Philipp

    2014-01-03

    Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

  7. Smoke-Free Laws and Direct Democracy Initiatives on Smoking Bans in Germany: A Systematic Review and Quantitative Assessment

    PubMed Central

    Kohler, Stefan; Minkner, Philipp

    2014-01-01

    Background: Germany’s 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. Methods: We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. Results: The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens’ or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman’s ρ = 0.51, p = 0.04). Conclusions: The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions. PMID:24394216

  8. A Comparative Analysis of the Minuteman Education Programs as Currently Offered at Six SAC Bases.

    DTIC Science & Technology

    1980-06-01

    Principles of Marketing 3 Business Statistics 3 Business Law 3 Management Total... Principles of Marketing 3 Mathematics Methods I Total prerequisite hours 26 Required Graduate Courses Policy Formulation and Administration 3 Management...Business and Economic Statistics 3 Intermediate Business and Economic Statistics 3 Principles of Management 3 Corporation Finance 3 Principles of Marketing

  9. Students' Misunderstandings about the Energy Conservation Principle: A General View to Studies in Literature

    ERIC Educational Resources Information Center

    Tatar, Erdal; Oktay, Munir

    2007-01-01

    This paper serves to review previously reported studies on students' misunderstandings about the energy conservation principle (the first law of thermodynamics). Generally, studies in literature highlighted students' misunderstandings about the energy conservation principle stem from preliminaries about energy concept in daily life. Since prior…

  10. An Overview of Legal Principles and Issues Affecting Postsecondary Athletics.

    ERIC Educational Resources Information Center

    Kaplin, William A.

    1977-01-01

    Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

  11. Hooke's Law: Applications of a Recurring Principle

    ERIC Educational Resources Information Center

    Giuliodori, Mauricio J.; Lujan, Heidi L.; Briggs, Whitney S.; Palani, Gurunanthan; DiCarlo, Stephen E.

    2009-01-01

    Students generally approach topics in physiology as a series of unrelated phenomena that share few underlying principles. However, if students recognized that the same underlying principles can be used to explain many physiological phenomena, they may gain a more unified understanding of physiological systems. To address this concern, we…

  12. Judicial Decisions in the Field of Labour Law.

    ERIC Educational Resources Information Center

    International Labour Review, 1993

    1993-01-01

    Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)

  13. The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

    ERIC Educational Resources Information Center

    Dagher, Zoubeida R.

    2014-01-01

    Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

  14. Extradition To and From the United States: Overview of the Law and Recent Treaties

    DTIC Science & Technology

    2010-03-17

    goods, articles, or merchandise. b. Offenses relating to willful evasion of taxes and duties. c. Offenses against the laws relating to international ...Extradition To and From the United States: Overview of the Law and Recent Treaties Congressional Research Service 1 Introduction ...intricate extradition procedures has been attributed to the predominance of this simple principle of international law.6

  15. Principles and practices board. Issue Analysis 98-1. Compliance with laws and regulations for healthcare organizations. Healthcare Financial Management Association.

    PubMed

    1998-09-01

    This is the third Issue Analysis of HFMA's Principles and Practices (P&P) Board. The P&P Board writes an Issue Analysis in response to the need for practical information on emerging issues in healthcare financial management. An Issue Analysis is factual but not authoritative. It is not sent out for public comment and provides the healthcare industry short-term assistance on emerging issues. The purpose of P&P Board Issue Analysis 98-1, Compliance with Laws and Regulations for Healthcare Organizations, is to help healthcare financial managers understand their responsibility to implement and maintain an effective internal control system to ensure compliance with laws and regulations.

  16. From First Principles: The Application of Quantum Mechanics to Complex Molecules and Solvated Systems

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Freitag, Mark A.

    2001-12-31

    The major title of this dissertation, 'From first principles,' is a phase often heard in the study of thermodynamics and quantum mechanics. These words embody a powerful idea in the physical sciences; namely, that it is possible to distill the complexities of nature into a set of simple, well defined mathematical laws from which specific relations can then be derived . In thermodynamics, these fundamental laws are immediately familiar to the physical scientist by their numerical order: the First, Second and Third Laws. However, the subject of the present volume is quantum mechanics-specifically, non-relativistic quantum mechanics, which is appropriate formore » most systems of chemical interest.« less

  17. Application of Hamilton's law of varying action

    NASA Technical Reports Server (NTRS)

    Bailey, C. D.

    1975-01-01

    The law of varying action enunciated by Hamilton in 1834-1835 permits the direct analytical solution of the problems of mechanics, both stationary and nonstationary, without consideration of force equilibrium and the theory of differential equations associated therewith. It has not been possible to obtain direct analytical solutions to nonstationary systems through the use of energy theory, which has been limited for 140 years to the principle of least action and to Hamilton's principle. It is shown here that Hamilton's law permits the direct analytical solution to nonstationary, initial value systems in the mechanics of solids without any knowledge or use of the theory of differential equations. Solutions are demonstrated for nonconservative, nonstationary particle motion, both linear and nonlinear.

  18. Fault and the allocation of spare organs.

    PubMed Central

    Smart, B

    1994-01-01

    This paper argues that rectificatory justice should supplement distributive justice in allocating priority of access to scarce medical resources. Where a patient is at fault for the scarcity of healthy organs a principle of restitution requires that she should give priority to the faultless. Such restitution is non-punitive, and is akin to reparation in civil law, not criminal law. However, it is doubtful whether such a principle can be fairly applied within the present culture of governmental complicity in cigarette advertising. PMID:8035435

  19. Deriving principles of microbiology by multiscaling laws of molecular physics.

    PubMed

    Ortoleva, Peter; Adhangale, P; Cheluvaraja, S; Fontus, Max; Shreif, Zeina

    2009-01-01

    It has long been an objective of the physical sciences to derive principles of biology from the laws of physics. At the angstrom scale for processes evolving on timescales of 10(-14) s, many systems can be characterized in terms of atomic vibrations and collisions. In contrast, biological systems display dramatic transformations including self-assembly and reorganization from one cell phenotype to another as the microenvironment changes. We have developed a framework for understanding the emergence of living systems from the underlying atomic chaos.

  20. A Chemistry Lesson at Three Mile Island.

    ERIC Educational Resources Information Center

    Mammano, Nicholas J.

    1980-01-01

    Details the procedures used in utilizing the hydrogen bubble incident at Three Mile Island to relate these basic chemical principles to nuclear chemistry: gas laws, Le Chatelier's principle and equilibrium, and stoichiometry. (CS)

  1. What buoyancy really is. A generalized Archimedes' principle for sedimentation and ultracentrifugation

    NASA Astrophysics Data System (ADS)

    Piazza, Roberto; Buzzaccaro, Stefano; Secchi, Eleonora; Parola, Alberto

    Particle settling is a pervasive process in nature, and centrifugation is a much versatile separation technique. Yet, the results of settling and ultracentrifugation experiments often appear to contradict the very law on which they are based: Archimedes Principle - arguably, the oldest Physical Law. The purpose of this paper is delving at the very roots of the concept of buoyancy by means of a combined experimental-theoretical study on sedimentation profiles in colloidal mixtures. Our analysis shows that the standard Archimedes' principle is only a limiting approximation, valid for mesoscopic particles settling in a molecular fluid, and we provide a general expression for the actual buoyancy force. This "Generalized Archimedes Principle" accounts for unexpected effects, such as denser particles floating on top of a lighter fluid, which in fact we observe in our experiments.

  2. Law 302.

    ERIC Educational Resources Information Center

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  3. Even Wars Have Laws: Upholding an American Tradition

    ERIC Educational Resources Information Center

    Adhihetty, T. J.

    2010-01-01

    Since the founding of this nation, Americans have lived by the belief that wars have laws. Even in the most morally-challenging times, the principles of international humanitarian law (IHL)--which provide basic protections for the vulnerable, such as civilians, prisoners of war, and sick and injured combatants--have been championed by leaders like…

  4. The Principle of Stasis: Why drift is not a Zero-Cause Law.

    PubMed

    Luque, Victor J

    2016-06-01

    This paper analyses the structure of evolutionary theory as a quasi-Newtonian theory and the need to establish a Zero-Cause Law. Several authors have postulated that the special character of drift is because it is the default behaviour or Zero-Cause Law of evolutionary systems, where change and not stasis is the normal state of them. For these authors, drift would be a Zero-Cause Law, the default behaviour and therefore a constituent assumption impossible to change without changing the system. I defend that drift's causal and explanatory power prevents it from being considered as a Zero-Cause Law. Instead, I propose that the default behaviour of evolutionary systems is what I call the Principle of Stasis, which posits that an evolutionary system where there is no selection, drift, mutation, migration, etc., and therefore no difference-maker, will not undergo any change (it will remain in stasis). Copyright © 2016 Elsevier Ltd. All rights reserved.

  5. von Baer's law for the ages: lost and found principles of developmental evolution.

    PubMed

    Abzhanov, Arhat

    2013-12-01

    In 1828, Karl Ernst von Baer formulated a series of empirically defined rules, which became widely known as the 'Law of Development' or 'von Baer's law of embryology'. This was one the most significant attempts to define the principles that connected morphological complexity and embryonic development. Understanding this relation is central to both evolutionary biology and developmental genetics. Von Baer's ideas have been both a source of inspiration to generations of biologists and a target of continuous criticism over many years. With advances in multiple fields, including paleontology, cladistics, phylogenetics, genomics, and cell and developmental biology, it is now possible to examine carefully the significance of von Baer's law and its predictions. In this review, I argue that, 185 years after von Baer's law was first formulated, its main concepts after proper refurbishing remain surprisingly relevant in revealing the fundamentals of the evolution-development connection, and suggest that their explanation should become the focus of renewed research. Copyright © 2013 Elsevier Ltd. All rights reserved.

  6. Foundational Forces & Hidden Variables in Technology Commercialization

    NASA Astrophysics Data System (ADS)

    Barnett, Brandon

    2011-03-01

    The science of physics seems vastly different from the process of technology commercialization. Physics strives to understand our world through the experimental deduction of immutable laws and dependent variables and the resulting macro-scale phenomenon. In comparison, the~goal of business is to make a profit by addressing the needs, preferences, and whims of individuals in a market. It may seem that this environment is too dynamic to identify all the hidden variables and deduct the foundational forces that impact a business's ability to commercialize innovative technologies. One example of a business ``force'' is found in the semiconductor industry. In 1965, Intel co-founder Gordon Moore predicted that the number of transistors incorporated in a chip will approximately double every 24 months. Known as Moore's Law, this prediction has become the guiding principle for the semiconductor industry for the last 40 years. Of course, Moore's Law is not really a law of nature; rather it is the result of efforts by Intel and the entire semiconductor industry. A closer examination suggests that there are foundational principles of business that underlie the macro-scale phenomenon of Moore's Law. Principles of profitability, incentive, and strategic alignment have resulted in a coordinated influx of resources that has driven technologies to market, increasing the profitability of the semiconductor industry and optimizing the fitness of its participants. New innovations in technology are subject to these same principles. So, in addition to traditional market forces, these often unrecognized forces and variables create challenges for new technology commercialization. In this talk, I will draw from ethnographic research, complex adaptive theory, and industry data to suggest a framework with which to think about new technology commercialization. Intel's bio-silicon initiative provides a case study.

  7. On the relativity and uncertainty of distance, time, and energy measurements by man. (1) Derivation of the Weber psychophysical law from the Heisenberg uncertainty principle applied to a superconductive biological detector. (2) The reverse derivation. (3) A human theory of relativity.

    PubMed

    Cope, F W

    1981-01-01

    The Weber psychophysical law, which describes much experimental data on perception by man, is derived from the Heisenberg uncertainty principle on the assumption that human perception occurs by energy detection by superconductive microregions within man . This suggests that psychophysical perception by man might be considered merely a special case of physical measurement in general. The reverse derivation-i.e., derivation of the Heisenberg principle from the Weber law-may be of even greater interest. It suggest that physical measurements could be regarded as relative to the perceptions by the detectors within man. Thus one may develop a "human" theory of relativity that could have the advantage of eliminating hidden assumptions by forcing physical theories to conform more completely to the measurements made by man rather than to concepts that might not accurately describe nature.

  8. Still Having Her Say: More than a Decade after Becoming a Household Name, Harvard Law Professor Lani Guinier Holds True to Her Beliefs, Principles

    ERIC Educational Resources Information Center

    Roach, Ronald

    2004-01-01

    This article describes the accomplishments of Lani Guinier, Bennett Boskey Professor of Law at Harvard University law school. The first and only African American woman to hold a tenured faculty position at the Harvard University law school, Guinier has put her visibility to use by speaking out on issues of race, gender and democratic…

  9. Students' and Teachers' Misapplication of Le Chatelier's Principle: Implications for the Teaching of Chemical Equilibrium.

    ERIC Educational Resources Information Center

    Quilez-Pardo, Juan; Solaz-Portoles, Joan Josep

    1995-01-01

    Study of strategies and procedures of 170 students and 40 teachers when solving chemical equilibrium problems found misconceptions emerging through: misapplication of Le Chatelier's Principle, use of rote-learning recall, incorrect control of variables, limited use of chemical equilibrium law, lack of mastery of chemical equilibrium principles,…

  10. Teaching about Due Process of Law. ERIC Digest.

    ERIC Educational Resources Information Center

    Vontz, Thomas S.

    Fundamental constitutional and legal principles are central to effective instruction in the K-12 social studies curriculum. To become competent citizens, students need to develop an understanding of the principles on which their society and government are based. Few principles are as important in the social studies curriculum as due process of…

  11. 3 CFR 13518 - Executive Order 13518 of November 9, 2009. Employment of Veterans in the Federal Government

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... opportunities for veterans within the executive branch, consistent with merit system principles and veterans... in section 4 of this order, merit system principles, the agency's strategic human capital plan, and... employment opportunities for veterans within the agency, consistent with law and merit system principles...

  12. 20 CFR 1002.194 - Can the application of the escalator principle result in adverse consequences when the employee...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... principle result in adverse consequences when the employee is reemployed? 1002.194 Section 1002.194... principle result in adverse consequences when the employee is reemployed? Yes. The Act does not prohibit lawful adverse job consequences that result from the employee's restoration on the seniority ladder...

  13. From perception to art: how vision creates meanings.

    PubMed

    Pinna, Baingio; Reeves, Adam

    2009-01-01

    This article describes the relationship between Art, as painting or sculpture, and a new theory of perceptual meaning, which builds on and now further develops the Gestalt principles. A key new idea in the theory is that higher-order groupings principles exist which, like the spatial grouping articulated by the principle of Prägnanz, helps to associate and combine stimuli, but which, unlike the Gestalt laws, can explain combinations of dissimilar as well as similar forms of visual information in a lawful manner. Similarities and dissimilarities are put together again by virtue of another and more global grouping factor that overcomes the dissimilarities of the components: it is some kind of meaning principle that perceptually solves the differences among whole and elements at a higher level, making them appear strongly linked just by virtue of the differences. In this way, similarities and dissimilarities complement and do not exclude each other. Such higher-order principles of grouping-by-meaning are articulated and illustrated using Art, from prehistoric to modern.

  14. Ethics and observational studies in medical research: various rules in a common framework

    PubMed Central

    Claudot, Frédérique; Alla, François; Fresson, Jeanne; Calvez, Thierry; Coudane, Henry; Bonaïti-Pellié, Catherine

    2009-01-01

    Background Research ethics have become universal in their principles through international agreements. The standardization of regulations facilitates the internationalization of research concerning drugs. However, in so-called observational studies (i.e. from data collected retrospectively or prospectively, obtained without any additional therapy or monitoring procedure), the modalities used for applying the main principles vary from one country to the other. This situation may entail problems for the conduct of multi-centric international studies, as well as for the publication of results if the authors and editors come from countries governed by different regulations. In particular, several French observational studies were rejected or retracted by United States peer reviewed journals, because their protocols have not been submitted to an Institutional Review Board/Independent Ethics Committee (IRB/IEC). Methods national legislation case analysis Results In accordance with European regulation, French observational studies from data obtained without any additional therapy or monitoring procedure, do not need the approval of an IRB/IEC. Nevertheless, these researches are neither exempt from scientific opinion nor from ethical and legal authorization. Conclusion We wish to demonstrate through the study of this example that different bodies of law can provide equivalent levels of protection that respect the same ethical principles. Our purpose in writing this paper was to encourage public bodies, scientific journals, and researchers to gain a better understanding of the various sets of specific national regulations and to speak a common language. PMID:19336436

  15. How did Archimedes discover the law of buoyancy by experiment?

    NASA Astrophysics Data System (ADS)

    Kuroki, Hidetaka

    2016-03-01

    After Archimedes and Vitruvius era, for more than 2000 years, it has been believed that the displaced water measurement of golden crown is impossible, and at his Eureka moment, Archimedes discovered the law of buoyancy (Proposition 7 of his principles) and proved the theft of a goldsmith by weighing the golden crown in water. A previous study showed that a small amount of displaced water was able to be measured with enough accuracy by the introduced method. Archimedes measured the weight of displaced water. He did not find the law of buoyancy but rather specific gravity of things at the moment. After which, Archimedes continued to measure the specific gravity of various solids and fluids. Through these measurements, he reached the discovery of the law of buoyancy directly by experiment. In this paper, the process to the discovery of Archimedes' principle (Proposition 5) is presented.

  16. Natural law and the "right to die".

    PubMed

    Whiting, R A

    Over the last two decades social concerns with the "right to die" have grown beyond the ability of our governmental and judicial institutions to consistently deal with them. One reason for this difficulty has been the unavailability of any legal or judicial standard that is consistent with American conceptions of liberty, morality, and justice. This article attempts to examine the theory of natural law to determine whether it may provide a consistent standard for resolving these difficult questions. As natural law theories are traced through history, they lead directly to the United States where a uniquely American interpretation became one of the foundational principles for our constitution. By applying these theories to the contemporary question of the "right to die," natural law can again provide the foundational principles needed to develop standards for dealing with such questions that are consistent with our historical, philosophical, and political traditions.

  17. The Shaky Legal Foundations of the Global Human Rights Education Project

    ERIC Educational Resources Information Center

    Vlaardingerbroek, Barend

    2015-01-01

    School students should be taught about the law and this includes rights education. The global human rights education (HRE) project focuses on universal human rights and has a strongly utopian orientation, drawing as it does on international declarations and principles of human rights law. International human rights law is, however, at best a…

  18. A Tale of Two Fishes or a Quick Fix for Fick's Law

    ERIC Educational Resources Information Center

    Robischon, Marcel A.

    2014-01-01

    Gas diffusion, as a basis for complex biological processes such as respiration, is a core principle for understanding fundamental physiology. Students, however, often find these concepts challenging, in particular when expressed formally as in Fick's law of gas diffusion. This introduction to Fick's law uses the representations of…

  19. Using Surface Integrals for Checking Archimedes' Law of Buoyancy

    ERIC Educational Resources Information Center

    Lima, F. M. S.

    2012-01-01

    A mathematical derivation of the force exerted by an "inhomogeneous" (i.e. compressible) fluid on the surface of an "arbitrarily shaped" body immersed in it is not found in the literature, which may be attributed to our trust in Archimedes' law of buoyancy. However, this law, also known as Archimedes' principle (AP), does not yield the force…

  20. Teaching Law to Online Law Students at RMIT University

    ERIC Educational Resources Information Center

    Babacan, Alperhan

    2011-01-01

    This paper discusses the online Juris Doctor Program (JD Program) at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching…

  1. A Proposal for Qualification Standards as a Contracting Officer in the Naval Facilities Engineering Command.

    DTIC Science & Technology

    1985-06-01

    4. Government Contract Law , DMET PPM 302 (JT); two weeks in length...ccitent: reviews basic legal principles and sources of contract law , modifications, termina- tions, remedies, interpretation of contract language...Governmepnt Contract Law PPM 302 (JT) ____ _____ Recomripnded Optional Courses 1. Advanced Contract Administration PPM 304 (IT) _ ___ _____ 2. Management of

  2. Health care law versus constitutional law.

    PubMed

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  3. [Discussion on theory and indes system of Chinese material medical regionalization].

    PubMed

    Zhang, Xiaobo; Guo, Lanping; Zhou, Tao; Huang, Luqi

    2010-09-01

    The paper discusses the theory regarding to the Chinese material medical (CMM) regionalization. It is based on the studying of papers and practical experience in the field of CMM regionalization. The basic theories of CMM regionalization are laws of territorial differentiation and location theory. The basic principles are excellent quality of CMM, difference, similarity and practicability. The study objects are CMM resources, natural environment and social environment. The definition of CMM regionalization is that study on the laws of spatial pattern of resources and regional system in the field of CMM,then regionalize it based on this kind of spatial pattern and law. The index system is built based on the study of the theory,principle,object and index of CMM regionalization.

  4. McGill's Integrated Civil and Common Law Program.

    ERIC Educational Resources Information Center

    Morissette, Yves-Marie

    2002-01-01

    Describes the bijural program of McGill University Faculty of Law. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  5. [Specific features in realization of the principle of minimum energy dissipation during individual development].

    PubMed

    Zotin, A A

    2012-01-01

    Realization of the principle of minimum energy dissipation (Prigogine's theorem) during individual development has been analyzed. This analysis has suggested the following reformulation of this principle for living objects: when environmental conditions are constant, the living system evolves to a current steady state in such a way that the difference between entropy production and entropy flow (psi(u) function) is positive and constantly decreases near the steady state, approaching zero. In turn, the current steady state tends to a final steady state in such a way that the difference between the specific entropy productions in an organism and its environment tends to be minimal. In general, individual development completely agrees with the law of entropy increase (second law of thermodynamics).

  6. Towards Real-Time GOMS

    DTIC Science & Technology

    1990-12-28

    descriptive parameters (such as half-life) and the principles of operation are not computationally described (for example, it is simply stated that the power ...as Fitts’ law and Hick’s law) follow from the Soar architecture. (Some global laws, such as the power law of practice, have already been shown to be...typical adventure game with treasure to collect, enemies to avoid or kill, and super powers to acquire and use. The user manipulates the hero, Mario

  7. Defending the sanctity of life principle: a reply to John Keown.

    PubMed

    McGee, Andrew

    2011-06-01

    This article is a response to Professor John Keown's criticism of my article "Finding a Way Through the Ethical and Legal Maze: Withdrawal of Medical Treatment and Euthanasia" (2005) 13(3) Medical Law Review 357. The article takes up and responds to a number of criticisms raised by Keown in an attempt to further the debate concerning the moral and legal status of withdrawing life-sustaining measures, its distinction from euthanasia, and the implications of the lawfulness of withdrawal for the principle of the sanctity of life.

  8. Executive impunity and parallel justice? The United Kingdom debate on secret inquests and inquiries.

    PubMed

    Bray, Rebecca Scott

    2012-03-01

    At the beginning of 2008, the United Kingdom Government rolled into the Counter-Terrorism Bill some controversial proposals to reform coronial inquest processes, namely clauses that would provide for "secret inquests". The provisions were heavily criticised both inside and outside Parliament, and took a rocky passage through both the House of Commons and the House of Lords before eventually being abandoned by the government. In 2009 the government again tried to introduce "secret inquests" with the Coroners and Justice Bill, instead ultimately succeeding in establishing what critics have termed a "parallel" system of justice through provisions around "secret inquiries". This move has been seen as subverting the principles of transparency and open justice in the investigation of contentious deaths. This article examines the government's efforts to introduce "secret inquests" and thereafter "secret inquiries" in the context of the United Kingdom's coronial law and purpose, human rights obligations and the ongoing issues around sensitive intelligence, and examines the clash of laws that gave rise to the controversial proposals.

  9. International Telecommunication Control: International Law and the Ordering of Satellite and Other Forms of International Broadcasting.

    ERIC Educational Resources Information Center

    Smith, Delbert D.

    The need for and the available alternatives for international telecommunication controls are examined, and a functional approach to this area of law is offered. Information from a number of areas is collected and examined as it relates to the basic problem. These areas include general principles of international law, the activities of the…

  10. Guidelines for the Effective Implementation and Administration of Law-Related Education: Including an Addendum for Guidelines for LRE Instructor Training and Program Evaluation.

    ERIC Educational Resources Information Center

    Colorado State Dept. of Education, Denver.

    This booklet defines law-related education as an educational program for teaching non-lawyers about law, the legal system, and the fundamental principles and values on which constitutional democracy is based. The program's approach is characterized by relevant curriculum materials, interactive teaching strategies, and extensive use of the…

  11. [From Wolff law, Ilizarov technology to natural reconstruction theory].

    PubMed

    Zang, Jian-cheng; Qin, Si-He

    2013-04-01

    Wolff law was an adaptable principle of bone, Tension-Stress Principle was equal to Distraction Osteogenesis or Distraction Tissue Regeneration, The Natural Reconstruction theory was a new orthopedic perspective proposed by Prof. QIN after deformity correction using Ilizarov technology. The thought about their relationship originated from a social phenomena, that the crowds and the confusion about export choice in Beijing's subway. Ilizarov technology and Wolff law were one concept related to Mechanics, and the former is completely in line with the latter. In other words, Ilizarov technology is an extension of Wolff law, is a repeated process of micro-trauma and continuous repair of bone trabecular initiated by moden engineering, just trabecular formed along the tension-stress direction. With adjustment of mechanical force,doctor can control the process of fracture healing and bone remolding to a certain extent. Natural Reconstruction theory enlarged the defined range of Wolff law obviously. Not only guided orthopedics clinical and basic research,but also related to the dialectical thinking of the doctor-patient relationship in sociology. There was an inevitable connection among Wolff law, Ilizarov technology and Natural Reconstruction theory. The history of discovery and understanding was a continuous process of thinking,practice and integration.

  12. AIDS: responding to the crisis. Legal implications for health care providers.

    PubMed

    Kadzielski, M A

    1986-05-01

    In the future, health care providers will not be able to avoid the legal problems that the AIDS epidemic presents. They can find guidance in the long-standing legal principles of privacy and confidentiality and of fair employment. Many laws contain confidentiality principles that focus on the right of patients to determine who has access to their confidential health care information. Dissemination of such information to those who have no legal or rational requirement to know it may result in the provider's criminal and/or civil liability. The HTLV-III blood test brings additional pressures to bear on patients' and employees' confidentiality rights. Since the test indicates only that the subject has been infected by the virus--not whether the person has or will develop AIDS--widespread mandatory screening is inadvisable because it could lead to unjustified discrimination. Under principles of handicap-discrimination law, health care providers may not terminate or discriminate against an employee with HTLV-III infection unless the employee cannot perform the job or poses a danger to the health and safety of himself or others. An employee who refuses to treat AIDS patients may be lawfully disciplined. Under health and safety laws, however, employers who discipline employees for wearing extra protective gear risk liability.

  13. 39 Questionable Assumptions in Modern Physics

    NASA Astrophysics Data System (ADS)

    Volk, Greg

    2009-03-01

    The growing body of anomalies in new energy, low energy nuclear reactions, astrophysics, atomic physics, and entanglement, combined with the failure of the Standard Model and string theory to predict many of the most basic fundamental phenomena, all point to a need for major new paradigms. Not Band-Aids, but revolutionary new ways of conceptualizing physics, in the spirit of Thomas Kuhn's The Structure of Scientific Revolutions. This paper identifies a number of long-held, but unproven assumptions currently being challenged by an increasing number of alternative scientists. Two common themes, both with venerable histories, keep recurring in the many alternative theories being proposed: (1) Mach's Principle, and (2) toroidal, vortex particles. Matter-based Mach's Principle differs from both space-based universal frames and observer-based Einsteinian relativity. Toroidal particles, in addition to explaining electron spin and the fundamental constants, satisfy the basic requirement of Gauss's misunderstood B Law, that motion itself circulates. Though a comprehensive theory is beyond the scope of this paper, it will suggest alternatives to the long list of assumptions in context.

  14. [Relations between equilibrium and dynamics at the turn of the 17th and 18th centuries].

    PubMed

    Schmit, Christophe

    2014-01-01

    This article investigates the reception of Galileo and Descartes' principles of statics in the works of some French scientists in the second half of seventeenth century, tracing their importance for the genesis of a concept of force. Through an examination of the link between statics and dynamics--especially concerning the phenomena of collision and the motion of falling bodies--it will be shown, first, that these principles of statics actually contributed to the genesis of dynamics; secondly, that the authors examined in this article managed to unify the various fields of mechanics by building a common axiomatic basis, and, thirdly, that there exists a conceptual identity between actions in engines and actions in dynamic phenomena. The evidence brought fourth in this articles challenges the view according to which statics, and more particularly the law of the lever, was an obstacle for the development of dynamics, and particularly for the conceptualization of force.

  15. The use of depleted uranium ammunition under contemporary international law: is there a need for a treaty-based ban on DU weapons?

    PubMed

    Borrmann, Robin

    2010-01-01

    This article examines whether the use of Depleted Uranium (DU) munitions can be considered illegal under current public international law. The analysis covers the law of arms control and focuses in particular on international humanitarian law. The article argues that DU ammunition cannot be addressed adequately under existing treaty based weapon bans, such as the Chemical Weapons Convention, due to the fact that DU does not meet the criteria required to trigger the applicability of those treaties. Furthermore, it is argued that continuing uncertainties regarding the effects of DU munitions impedes a reliable review of the legality of their use under various principles of international law, including the prohibition on employing indiscriminate weapons; the prohibition on weapons that are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment; and the prohibition on causing unnecessary suffering or superfluous injury. All of these principles require complete knowledge of the effects of the weapon in question. Nevertheless, the author argues that the same uncertainty places restrictions on the use of DU under the precautionary principle. The paper concludes with an examination of whether or not there is a need for--and if so whether there is a possibility of achieving--a Convention that comprehensively outlaws the use, transfer and stockpiling of DU weapons, as proposed by some non-governmental organisations (NGOs).

  16. Predicament of Chinese legislation on genetically modified food (GMF) labeling management and solutions - from the perspective of the new food safety law.

    PubMed

    Li, Wei; Li, Han

    2017-11-01

    This paper considers the background of Article 69 of the newly revised Food Safety Law in China in combination with the current situation of Chinese legislation on GMF labeling management, compared with a foreign genetically modified food labeling management system, revealing deficiencies in the Chinese legislation with respect to GMF labeling management, and noting that institutions should properly consider the GMF labeling management system in China. China adheres to the principle of mandatory labeling based on both product and processes in relation to GMFs and implements a system of process-centered mandatory labeling under a negotiation-construction form. However, China has not finally defined the supervision mode of mandatory labeling of GMFs through laws, and this remains a challenge for GMF labeling management when two mandatory labeling modes coexist. Since April 2015 and October 1, 2015 when the Food Safety Law was revised and formally implemented respectively, the applicable judicial interpretations and enforcement regulations have not made applicable revisions and only principle-based terms have been included in the Food Safety Law, it is still theoretically and practically difficult for mandatory labeling of GMFs in juridical practices and conflicts between the principle of GMF labeling and the purpose that safeguards consumers' right to know remain. The GMF labeling system should be legislatively and practically improved to an extent that protects consumers' right to know. © 2017 Society of Chemical Industry. © 2017 Society of Chemical Industry.

  17. 7 CFR 1773.2 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... accounting principles (GAAP) and for determining whether the borrower has complied with applicable laws...”. GAAP means generally accepted accounting principles. GAGAS means generally accepted government auditing... an asset resulting from an action of a regulator as prescribed in Statement of Financial Accounting...

  18. 2 CFR 225.15 - Background.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Agreements OFFICE OF MANAGEMENT AND BUDGET CIRCULARS AND GUIDANCE Reserved COST PRINCIPLES FOR STATE, LOCAL... grant streamlining effort under Public Law 106-107, Federal Financial Award Management Improvement Act... review existing cost principles for Federal awards to State, local, and Indian tribal governments...

  19. Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

    ERIC Educational Resources Information Center

    Waxman, Michael P.

    2001-01-01

    Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

  20. Principles and Tasks of the New Regulatory System for Radioactive Waste Management in the Russian Federation - 12020

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Bolshov, L.A.; Linge, I.I.; Kovalchuk, V.D.

    This year the Federal Law 'On Radioactive Waste management' was adopted in the Russian Federation. The law significantly changes the existing radioactive waste management regulatory system and assigns a lot of new tasks in order to implement new principles and overcome inevitable respective difficulties. Nuclear Safety Institute was largely involved in the process of the development of the law as well as its further co-ordination among the stakeholders, during which some important initial provisions were excluded. In the paper special features of the Russian safety regulation system for radioactive waste management are analyzed. Most significant requirements adopted by the lawmore » as well as tasks and expected difficulties related to its implementation are discussed. (authors)« less

  1. Law in Outer Space.

    ERIC Educational Resources Information Center

    Schmidt, William G.

    1997-01-01

    Provides an overview of the current practice and fascinating future of legal issues involved in outer space exploration and colonization. Current space law, by necessity, addresses broad principles rather than specific incidents. Nonetheless, it covers a variety of issues including commercial development, rescue agreements, object registration,…

  2. Will Global Warming Cause a Rise in Sea Level? A Simple Activity about the States of Water

    ERIC Educational Resources Information Center

    Oguz, Ayse

    2009-01-01

    In this activity, a possible problem related to global warming is clarified by the principle of states of water. The activity consists of an experiment that includes three scientific principles: Archimedes' Principle, the Law of Conservation of Matter, and the fluidity of liquids. The experiment helps students raise questions and open new horizons…

  3. Action Principle Derivation of Magnetofluid Models

    NASA Astrophysics Data System (ADS)

    Wurm, Alexander; Morrison, P. J.

    2003-10-01

    As it is well-known, ideal MHD possesses an action principle formulation when it is expressed in terms of Lagrangian (or material) variables.^1 Starting with a general magneto-two-fluid Lagrangian, we derive action principles for both MHD approximations and generalizations that contain more complete versions of Ohm's law. ^1 W.A. Newcomb, Nuclear Fusion: 1962 Suppl. Part 2, p. 451

  4. Sharing Data to Build a Medical Information Commons: From Bermuda to the Global Alliance.

    PubMed

    Cook-Deegan, Robert; Ankeny, Rachel A; Maxson Jones, Kathryn

    2017-08-31

    The Human Genome Project modeled its open science ethos on nematode biology, most famously through daily release of DNA sequence data based on the 1996 Bermuda Principles. That open science philosophy persists, but daily, unfettered release of data has had to adapt to constraints occasioned by the use of data from individual people, broader use of data not only by scientists but also by clinicians and individuals, the global reach of genomic applications and diverse national privacy and research ethics laws, and the rising prominence of a diverse commercial genomics sector. The Global Alliance for Genomics and Health was established to enable the data sharing that is essential for making meaning of genomic variation. Data-sharing policies and practices will continue to evolve as researchers, health professionals, and individuals strive to construct a global medical and scientific information commons.

  5. Structural and Functional Concepts in Current Mouse Phenotyping and Archiving Facilities

    PubMed Central

    Kollmus, Heike; Post, Rainer; Brielmeier, Markus; Fernández, Julia; Fuchs, Helmut; McKerlie, Colin; Montoliu, Lluis; Otaegui, Pedro J; Rebelo, Manuel; Riedesel, Hermann; Ruberte, Jesús; Sedlacek, Radislav; de Angelis, Martin Hrabě; Schughart, Klaus

    2012-01-01

    Collecting and analyzing available information on the building plans, concepts, and workflow from existing animal facilities is an essential prerequisite for most centers that are planning and designing the construction of a new animal experimental research unit. Here, we have collected and analyzed such information in the context of the European project Infrafrontier, which aims to develop a common European infrastructure for high-throughput systemic phenotyping, archiving, and dissemination of mouse models. A team of experts visited 9 research facilities and 3 commercial breeders in Europe, Canada, the United States, and Singapore. During the visits, detailed data of each facility were collected and subsequently represented in standardized floor plans and descriptive tables. These data showed that because the local needs of scientists and their projects, property issues, and national and regional laws require very specific solutions, a common strategy for the construction of such facilities does not exist. However, several basic concepts were apparent that can be described by standardized floor plans showing the principle functional units and their interconnection. Here, we provide detailed information of how individual facilities addressed their specific needs by using different concepts of connecting the principle units. Our analysis likely will be valuable to research centers that are planning to design new mouse phenotyping and archiving facilities. PMID:23043807

  6. Establishing a compulsory drug treatment prison: Therapeutic policy, principles, and practices in addressing offender rights and rehabilitation.

    PubMed

    Birgden, Astrid; Grant, Luke

    2010-01-01

    A Compulsory Drug Treatment Correctional Center (CDTCC) was established in Australia in 2006 for repeat drug-related male offenders. Compulsory treatment law is inconsistent with a therapeutic jurisprudence approach. Despite the compulsory law, a normative offender rehabilitation framework has been established based on offender moral rights. Within moral rights, the offender rehabilitation framework addresses the core values of freedom (supporting autonomous decision-making) and well-being (supporting support physical, social, and psychological needs). Moral rights are underpinned by a theory or principle which, in this instance, is a humane approach to offender rehabilitation. While a law that permits offenders to choose drug treatment and rehabilitation is preferable, the article discusses the establishment of a prison based on therapeutic policy, principles, and practices that respond to participants as both rights-violators and rights-holders. The opportunity for accelerated community access and a therapeutic alliance with staff has resulted in offenders actively seeking to be ordered into compulsory drug treatment and rehabilitation. Crown Copyright © 2010. Published by Elsevier Ltd. All rights reserved.

  7. Zipf's Law of Abbreviation and the Principle of Least Effort: Language users optimise a miniature lexicon for efficient communication.

    PubMed

    Kanwal, Jasmeen; Smith, Kenny; Culbertson, Jennifer; Kirby, Simon

    2017-08-01

    The linguist George Kingsley Zipf made a now classic observation about the relationship between a word's length and its frequency; the more frequent a word is, the shorter it tends to be. He claimed that this "Law of Abbreviation" is a universal structural property of language. The Law of Abbreviation has since been documented in a wide range of human languages, and extended to animal communication systems and even computer programming languages. Zipf hypothesised that this universal design feature arises as a result of individuals optimising form-meaning mappings under competing pressures to communicate accurately but also efficiently-his famous Principle of Least Effort. In this study, we use a miniature artificial language learning paradigm to provide direct experimental evidence for this explanatory hypothesis. We show that language users optimise form-meaning mappings only when pressures for accuracy and efficiency both operate during a communicative task, supporting Zipf's conjecture that the Principle of Least Effort can explain this universal feature of word length distributions. Copyright © 2017 Elsevier B.V. All rights reserved.

  8. Casuistry as common law morality.

    PubMed

    Paulo, Norbert

    2015-12-01

    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."

  9. A South China Sea Adiz-Vietnam’s Next Challenge

    DTIC Science & Technology

    2016-06-01

    1 Martin Fackler, “In a Test of Wills, Japanese Fighter Pilots Confront Chinese,” New York Times, March 8, 2015...15 Christopher M. Petras , “The Law of Air Mobility–The International Legal Principles behind the U.S. Mobility Air Forces’ Mission,” Air Force Law...Accordingly, most operators consider these rules mandatory. 56 Petras , “Law of Air Mobility,” 62. 57 Zheng

  10. The Legality of Nuclear Weapons Employment under the International Humanitarian Law of Coercion Control.

    DTIC Science & Technology

    1987-01-01

    fm$0 TELMT OF NUICLEMR IdERPONiS EMPLOYMENT UNDERTH 1/ I INTERNRTIOSEL NUIfI.. (U) AIR FORCE INST OF TECH I NRIONT-PATTERSON AFI ON R R PRICE 1967...Coercion Control c. Rank: Major d. Service: United States Air Force e. Date: 1987 I . Number of pages: 106 g. Degree awarded: Master ot Laws (LL.M.) in...33 A. Sources of International Humanitarian Law ............ 33 B. Use of Coercive Force Under International Law ..... 34 C. Basis Principles

  11. Further thoughts on agrarian capitalism: a reply to Albritton.

    PubMed

    Zmolek, M

    2001-01-01

    In response to Albritton [2000], who asserts that the central dynamic of capitalism's genesis was putting-out manufacturing, I provide a sketch of the processes of agrarian capitalism. The elaboration of the common law in the Middle Ages enabled widespread conversion to leaseholds after the plague. An increasingly privatized system of land ownership resulted from the enclosure movement in the fifteenth and sixteenth centuries, and the upheavals of the seventeenth century represented the triumph of the enclosers. The rise of cottage industry in the eighteenth century was supported by a systematic effort at improving agricultural productivity. By the Industrial Revolution, the principle of individual control over production had long been established.

  12. Murphy v. Bord Telecom Eireann, 4 February 1988.

    PubMed

    1988-01-01

    Upon referral by the Irish High Court, the European Court of Justice held that, under Article 119 of the Treaty of Rome, the principle of equal pay for equal work prohibits workers of one sex engaged in work of higher value than the work of workers of the opposite sex from being paid less than the workers of the opposite sex. Upon remand, the Irish High Court sent the case back to the Labour Court with the instruction that the Labour Court should make a ruling as though the applicant women and the male comparator were engaged in "like work." See Common Market Law Reports, No. 2, 1988, p. 753. full text

  13. Heterodoxy, iconoclasm and spuriousness: the limits of novel expert evidence.

    PubMed

    Freckelton, Ian

    2007-12-01

    A difficult issue arises for courts' decision-making at common law and under statutory evidentiary regimes when expert opinions are significantly unorthodox, iconoclastic or methodologically flawed. This editorial analyses the relevant evidentiary principles and the Australian jurisprudence on the subject, giving particular attention to the decisions of the South Australian Supreme Court in R v Parenzee [2007] SASC 143 and R v Parenzee [2007] SASC 316 in which expert opinions about the existence, identifiability and transmissibility of HIV and its relationship to AIDS adduced on behalf of the defence in a criminal trial were found to be seriously wanting. A variety of factors indicative of low probative value in expert opinions are distilled.

  14. Secular humanism and "scientific psychiatry".

    PubMed

    Szasz, Thomas

    2006-04-25

    The Council for Secular Humanism identifies Secular Humanism as a "way of thinking and living" committed to rejecting authoritarian beliefs and embracing "individual freedom and responsibility ... and cooperation." The paradigmatic practices of psychiatry are civil commitment and insanity defense, that is, depriving innocent persons of liberty and excusing guilty persons of their crimes: the consequences of both are confinement in institutions ostensibly devoted to the treatment of mental diseases. Black's Law Dictionary states: "Every confinement of the person is an 'imprisonment,' whether it be in a common prison, or in private house, or in the stocks, or even by forcibly detaining one in the public streets." Accordingly, I maintain that Secular Humanism is incompatible with the principles and practices of psychiatry.

  15. Notions of Physical Laws in Childhood.

    ERIC Educational Resources Information Center

    Von Pfuhl Rodrigues, Dulce Madalena Autran

    1980-01-01

    Presented is an experiment investigating children's awareness of regularities in physical phenomena and their capacity for expressing these regularities. Hypothesized and confirmed is that children can use statements with the form and purpose of a physical law. Cartoons related to Archimedes' principle (and connected gravitation and fluid…

  16. Learning Physics in a Water Park

    ERIC Educational Resources Information Center

    Cabeza, Cecilia; Rubido, Nicolás; Martí, Arturo C.

    2014-01-01

    Entertaining and educational experiments that can be conducted in a water park, illustrating physics concepts, principles and fundamental laws, are described. These experiments are suitable for students ranging from senior secondary school to junior university level. Newton's laws of motion, Bernoulli's equation, based on the conservation of…

  17. 29 CFR 553.202 - Limitations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS Fire Protection and Law Enforcement Employees of Public Agencies General Principles § 553.202 Limitations. The application of sections... organization engaged in furnishing fire protection or law enforcement services. This is so even if the services...

  18. [Ancient methods of animal disease prevention in Belgium].

    PubMed

    Mammerickx, M

    1994-06-01

    The author describes traditional methods of animal disease control in Belgium and the evolution of these methods up to the present time. Evidence is drawn mainly from Belgian law. The principles of hygienic prophylaxis, which have required little modification over the passage of time, were set out at the beginning of the 18th century by Lancisi and Bates, physicians to Pope Clement XI and King George I of Great Britain, respectively. These principles were immediately incorporated into Belgian law. However, it was not until the second half of the 19th century that they were applied correctly and with success.

  19. What are the Ethical Problems Raised by the Increase of Cognitive Capabilities in the Defence Structure: The French Legal Structure, the Ethical Position of the French Military Health Service

    DTIC Science & Technology

    2009-10-01

    principles for conducting research on humans as animals has been defined in 1988 and confirmed in the bioethical law in 1994 [3]. Some modifications...ethical principles for conducting research on humans as animals has been defined in 1988 and confirmed in the bioethical law in 1994 [3]. Some...partly, to the doctors and it had become necessary to think of the power of man outside of medicine. According to the German Hans Jonas “ bioethics

  20. [Code of civil procedure for medical workers -the essential principles of proceedings and expediting of trials-].

    PubMed

    Kageyama, Kyoko; Jimba, Koichi; Hashimoto, Satoru

    2013-04-01

    Code of civil procedure is started when a plaintiff appeals to the law. Conversely, if a suit is not appealed, it is not started. We explain the essential principles of the code of civil procedure, and present systems associated with expediting trials (a brief, preliminary oral arguments, preparatory proceedings, inquiry to opponent, organized proceedings, technical adviser system, etc.). Amendment of law is repeated for the purpose of aiming suitably expediting trials. We should utilize the present code of civil procedure suitably, and expect the quick conclusion of trials.

  1. Leibniz on teleology and the laws of optics

    NASA Astrophysics Data System (ADS)

    McDonough, Jeffrey Keegan

    This essay explores Leibniz's defense of teleology and teleological explanations in the domain of physics in general, and the roles that teleology plays in his studies of optics in particular. I argue first that Leibniz draws upon Plato's defense of final causes to introduce a novel research program intended to steer a middle course, on the one hand, between Aristotelian-Scholasticism and the new mechanical philosophy, and, on the other hand, between Cartesian rationalism and Gassendist empiricism. The implementation of this program leads Leibniz to significant conceptual innovations, as he attempts to reconcile teleological and efficient explanatory frameworks, and important discoveries, as he tries to show how final causes can be used to achieve results in the study of the natural world. Having situated Leibniz's defense of final causes in the broader context of his general philosophy of physics, I turn to a more detailed investigation of the roles that teleology plays in his work in geometrical optics. Interest in final causes leads Leibniz to introduce his "Most Determined Path Principle" from which both of the central laws of geometrical optics may be derived. I argue that Leibniz uses the discovery of such principles to introduce a thin notion of final causation within the order of nature based on teleological laws that link prior events to subsequent events via the likely or expected outcomes of those events, and defend this view against objections made both by Leibniz's contemporaries and our own. I also argue that Leibniz uses the discovery of principles like Most Determined Path Principle to provide a novel connection within his system between considerations of divine perfection and the laws of nature. I defend the internal consistency of this connection, and explore its relations to Leibniz's mature physics, and to his view that the world is governed by two sets of equipotent laws, one teleological and one mechanical.

  2. Chemical Principles Revisited: Chemical Equilibrium.

    ERIC Educational Resources Information Center

    Mickey, Charles D.

    1980-01-01

    Describes: (1) Law of Mass Action; (2) equilibrium constant and ideal behavior; (3) general form of the equilibrium constant; (4) forward and reverse reactions; (5) factors influencing equilibrium; (6) Le Chatelier's principle; (7) effects of temperature, changing concentration, and pressure on equilibrium; and (8) catalysts and equilibrium. (JN)

  3. Physics of Non-Inertial Reference Frames

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Kamalov, Timur F.

    2010-12-22

    Physics of non-inertial reference frames is a generalizing of Newton's laws to any reference frames. It is the system of general axioms for classical and quantum mechanics. The first, Kinematics Principle reads: the kinematic state of a body free of forces conserves and equal in absolute value to an invariant of the observer's reference frame. The second, Dynamics Principle extended Newton's second law to non-inertial reference frames and also contains additional variables there are higher derivatives of coordinates. Dynamics Principle reads: a force induces a change in the kinematic state of the body and is proportional to the rate ofmore » its change. It is mean that if the kinematic invariant of the reference frame is n-th derivative with respect the time, then the dynamics of a body being affected by the force F is described by the 2n-th differential equation. The third, Statics Principle reads: the sum of all forces acting a body at rest is equal to zero.« less

  4. Matter Scatter and Energy Anarchy. The Second Law of Thermodynamics is Simply Common Experience.

    ERIC Educational Resources Information Center

    Ross, Keith A.

    1988-01-01

    Shows that the second law of thermodynamics is in the common experience of many people and if taught first, before the law of conservation, can result in fewer misconceptions among pupils. Stresses the use of common experiences in teaching. (CW)

  5. The Impact of Legal Medicine Education on Medical Students' Attitudes toward Law.

    ERIC Educational Resources Information Center

    LeBlang, Theodore R.; And Others

    1985-01-01

    Physicians' negative attitudes toward law and the legal system derive from the lack of understanding of basic legal principles relating to medical practice. The impact of required curriculum programing in legal medicine at Southern Illinois University School of Medicine is assessed. (Author/MLW)

  6. Translations on Eastern Europe, Scientific Affairs, Number 539.

    DTIC Science & Technology

    1977-03-23

    principle.(A decision with respect to contract law has brought about a positive change in this respect. According to this decision, all...reference to the so-called second processing or application level, remain WTL according to contract law , and are subject, now as before the third DVO...implementing decree! to the contract law of the GDR. The above-mentioned circumstances frequently led in the past to a situation in which two

  7. Non-Binding Arbitration

    DTIC Science & Technology

    1990-09-01

    costs. However, the panel did not accept of an expert in public contract law , and the documentation of costs submitted by two experts on cement...construction expert, and both panel recommended a payment of parties agreed to the contract law expert, $57,000. who was to serve as the neutral party. The...particular needs and of the contract language, or by applying situation. relevant principles from contract law . The arbitrator felt the contractor had

  8. Small Purchases.

    DTIC Science & Technology

    1982-01-01

    excusable delay under "general contract law ". The Board went on to state that had the usual DAR default clause been present, it would have...that in Michigan the Board, in applying its "general contract law ", referenced the "usual DAR default clause" after the Board specifically recognized...Provisions through its "general contract law " principles in appropriate cases. In future cases the appropriate remedy may not be found in the Additional

  9. Thermodynamics and evolution.

    PubMed

    Demetrius, L

    2000-09-07

    The science of thermodynamics is concerned with understanding the properties of inanimate matter in so far as they are determined by changes in temperature. The Second Law asserts that in irreversible processes there is a uni-directional increase in thermodynamic entropy, a measure of the degree of uncertainty in the thermal energy state of a randomly chosen particle in the aggregate. The science of evolution is concerned with understanding the properties of populations of living matter in so far as they are regulated by changes in generation time. Directionality theory, a mathematical model of the evolutionary process, establishes that in populations subject to bounded growth constraints, there is a uni-directional increase in evolutionary entropy, a measure of the degree of uncertainty in the age of the immediate ancestor of a randomly chosen newborn. This article reviews the mathematical basis of directionality theory and analyses the relation between directionality theory and statistical thermodynamics. We exploit an analytic relation between temperature, and generation time, to show that the directionality principle for evolutionary entropy is a non-equilibrium extension of the principle of a uni-directional increase of thermodynamic entropy. The analytic relation between these directionality principles is consistent with the hypothesis of the equivalence of fundamental laws as one moves up the hierarchy, from a molecular ensemble where the thermodynamic laws apply, to a population of replicating entities (molecules, cells, higher organisms), where evolutionary principles prevail. Copyright 2000 Academic Press.

  10. Multi-Case Review of the Application of the Precautionary Principle in European Union Law and Case Law.

    PubMed

    Garnett, Kenisha; Parsons, David J

    2017-03-01

    The precautionary principle was formulated to provide a basis for political action to protect the environment from potentially severe or irreversible harm in circumstances of scientific uncertainty that prevent a full risk or cost-benefit analysis. It underpins environmental law in the European Union and has been extended to include public health and consumer safety. The aim of this study was to examine how the precautionary principle has been interpreted and subsequently applied in practice, whether these applications were consistent, and whether they followed the guidance from the Commission. A review of the literature was used to develop a framework for analysis, based on three attributes: severity of potential harm, standard of evidence (or degree of uncertainty), and nature of the regulatory action. This was used to examine 15 pieces of legislation or judicial decisions. The decision whether or not to apply the precautionary principle appears to be poorly defined, with ambiguities inherent in determining what level of uncertainty and significance of hazard justifies invoking it. The cases reviewed suggest that the Commission's guidance was not followed consistently in forming legislation, although judicial decisions tended to be more consistent and to follow the guidance by requiring plausible evidence of potential hazard in order to invoke precaution. © 2016 The Authors Risk Analysis published by Wiley Periodicals, Inc. on behalf of Society for Risk Analysis.

  11. State intervention in pregnancy: Should the law respond thus to the problem of Foetal Alcohol Spectrum Disorder?

    PubMed

    Gordon, Emily

    2015-09-01

    Maternal consumption of alcohol during pregnancy poses a serious threat to the life and health of unborn children. A submission to the Queensland Child Protection Commission of Inquiry proposed that the State's Child Protection Act be extended to allow intervention to protect unborn children, with a court empowered to order that the mother be taken into care pending birth, or otherwise impose conditions upon conduct. This article considers whether or not the law in Australia should respond to the problem of Foetal Alcohol Spectrum Disorder by allowing the involuntary treatment and detention of pregnant women. The focus, is upon intervention in response to existing pregnancies. Using a utilitarian critical framework, this article evaluates the merits of creating powers to compel treatment and detain in light of current legal principles relating to maternal autonomy and the legal position of the foetus. The common law position is considered, as well as current legislation allowing intervention in autonomous decision-making and whether or not these statutes may be enlivened to prevent foetal harm. This article suggests that permitting involuntary treatment and detention would be a significant policy change. It weighs up benefits and potential harms in considering whether or not such action would result in the most "good".

  12. How Teachers Can Avoid Being Sued: Law and American Education.

    ERIC Educational Resources Information Center

    Greene, Jim

    This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

  13. Defamation and Freedom of the Press

    ERIC Educational Resources Information Center

    Keeton, W. Page

    1976-01-01

    The English and American defamation principles are compared, including the various privileges to defame and defenses to liability. The author, a professor of law in torts, suggests that the law of defamation can be simplified without upsetting the proper balance between protecting personal reputations and encouraging the free interchange of ideas.…

  14. 42 CFR 484.12 - Condition of participation: Compliance with Federal, State, and local laws, disclosure and...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... ownership and management information. The HHA must comply with the requirements of Part 420, Subpart C of..., State, and local laws, disclosure and ownership information, and accepted professional standards and... ownership information, and accepted professional standards and principles. (a) Standard: Compliance with...

  15. Australian Schools and the Law: Principal, Teacher and Student.

    ERIC Educational Resources Information Center

    Knott, A. E.; And Others

    This handbook on Australian school law is meant for practicing teachers, principals and other educators, parents, teacher training institutions, and lawyers in that country. It explains the basic principles underlying a large number of legal problems facing Australian teachers and offers practical guidance in dealing with them. Among the problems…

  16. The control of reproduction: principle and practice in Nigeria.

    PubMed

    Pittin, R

    1986-05-01

    The author examines the law and practice concerning contraception and abortion in Nigeria in the context of the impact of these factors on women's rights and status. She concludes that both the law and current practices are designed to continue the subordination of married women to their husbands.

  17. Thermodynamical Arguments against Evolution

    ERIC Educational Resources Information Center

    Rosenhouse, Jason

    2017-01-01

    The argument that the second law of thermodynamics contradicts the theory of evolution has recently been revived by anti-evolutionists. In its basic form, the argument asserts that whereas evolution implies that there has been an increase in biological complexity over time, the second law, a fundamental principle of physics, shows this to be…

  18. Law-Related Education and Delinquency Prevention. ERIC Digest.

    ERIC Educational Resources Information Center

    Parrini, Michelle

    Evidence from research/evaluation studies indicates that the principles underlying law-related education (LRE) programs address the factors that put youth at risk for delinquency. Although rigorous evaluations of LRE are limited, what evidence exists suggests that LRE has potential to prevent delinquency and problem behavior. This digest…

  19. Defense Officer Personnel Management Act for Medical Officer Pay and Entitlements

    DTIC Science & Technology

    1993-03-22

    are equitable in nature it is not considered appropriate that the strict legalistic standards of contract law be rigorously applied. It is important...to note that the BCNR panels deciding the cases in question were aware of the established legal standards and principles of contract law , as well

  20. 27 CFR 70.143 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... general. The term security interest means any interest in property acquired by contract for the purpose of... any rule or principle of local law which permits the relation back or the making of any requisite... protected under local law against a subsequent judgment lien (as provided in paragraph (a)(2) of this...

  1. 29 CFR 4.134 - Contracts outside the Act's coverage.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... McNamara-O'Hara Service Contract Act Particular Application of Contract Coverage Principles § 4.134... financial assistance may be provided for such contracts under Federal law or the terms and conditions specified in Federal law may govern the award and operation of the contract. (b) Further, as already noted...

  2. High School Forum: Boyle's/Hooke's/Towneley and Power's/Mariotte's Law.

    ERIC Educational Resources Information Center

    Hawthorne, Robert M.; Herron, J. Dudley, Ed.

    1979-01-01

    This column for high school teachers, written by high school teachers, discusses several interesting anecdotes related to the formulation of laws and the determination of constants. Science history is presented in a manner that can enliven classroom presentations and aid in understanding the principle itself. (Authur/SA)

  3. 25 CFR 166.213 - Must I comply with any standards of conduct if I am granted a permit?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... grazing operations in accordance with the principles of sustained yield management, agricultural resource management planning, sound conservation practices, and other community goals as expressed in tribal laws, agricultural resource management plans, and similar sources. (b) Comply with all applicable laws, ordinances...

  4. 25 CFR 161.308 - Must a permittee comply with standards of conduct if granted a permit?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... grazing operations in accordance with the principles of sustained yield management, agricultural resource management planning, sound conservation practices, and other community goals as expressed in Navajo Nation laws, agricultural resource management plans, and similar sources. (b) Comply with all applicable laws...

  5. 12 CFR 390.51 - Consolidation and severance of actions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ...) On the motion of any party, or on the administrative law judge's own motion, the administrative law... unnecessary expense, inconvenience, or delay. (b) Severance. The administrative law judge may, upon the motion... involves at least one common respondent or a material common question of law or fact, unless such...

  6. 12 CFR 747.22 - Consolidation and severance of actions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... the motion of any party, or on the administrative law judge's own motion, the administrative law judge... unnecessary expense, inconvenience, or delay. (b) Severance. The administrative law judge may, upon the motion... involves at least one common respondent or a material common question of law or fact, unless such...

  7. Do reimbursement recommendation processes used by government drug plans in Canada adhere to good governance principles?

    PubMed

    Rawson, Nigel Sb; Adams, John

    2017-01-01

    In democratic societies, good governance is the key to assuring the confidence of stakeholders and other citizens in how governments and organizations interact with and relate to them and how decisions are taken. Although defining good governance can be debatable, the United Nations Development Program (UNDP) set of principles is commonly used. The reimbursement recommendation processes of the Canadian Agency for Drugs and Technologies in Health (CADTH), which carries out assessments for all public drug plans outside Quebec, are examined in the light of the UNDP governance principles and compared with the National Institute for Health and Care Excellence system in England. The adherence of CADTH's processes to the principles of accountability, transparency, participatory, equity, responsiveness and consensus is poor, especially when compared with the English system, due in part to CADTH's lack of genuine independence. CADTH's overriding responsibility is toward the governments that "own," fund and manage it, while the agency's status as a not-for-profit corporation under federal law protects it from standard government forms of accountability. The recent integration of CADTH's reimbursement recommendation processes with the provincial public drug plans' collective system for price negotiation with pharmaceutical companies reinforces CADTH's role as a nonindependent partner in the pursuit of governments' cost-containment objectives, which should not be part of its function. Canadians need a national organization for evaluating drugs for reimbursement in the public interest that fully embraces the principles of good governance - one that is publicly accountable, transparent and fair and includes all stakeholders throughout its processes.

  8. Who controls the uses of organs after death? Law in the books, law in practice and the view of the people.

    PubMed

    Naffine, Ngaire; Richards, Bernadette; de Lacey, Sheryl; Braunack-Mayer, Annette; Rogers, Wendy

    2012-12-01

    The conventional wisdom is that we are free to dispose of our organs at death and that they will be employed according to our wishes. However, this reflects neither the formal law nor medical practice. This article explores the theory underlying the principle of self-determination after death. It presents an overview of Australian law and the way that the law is interpreted in clinical practice. It then presents the results of a community survey on organ disposition, and identifies a gap between community expectations and the current operation of Australian law. It concludes with some specific recommendations for development of the law to align it more closely with contemporary community views.

  9. Introducing Conservation of Momentum

    ERIC Educational Resources Information Center

    Brunt, Marjorie; Brunt, Geoff

    2013-01-01

    The teaching of the principle of conservation of linear momentum is considered (ages 15 + ). From the principle, the momenta of two masses in an isolated system are considered. Sketch graphs of the momenta make Newton's laws appear obvious. Examples using different collision conditions are considered. Conservation of momentum is considered…

  10. Making Decisions about an Educational Game, Simulation or Workshop: A 'Game Theory' Perspective.

    ERIC Educational Resources Information Center

    Cryer, Patricia

    1988-01-01

    Uses game theory to help practitioners make decisions about educational games, simulations, or workshops whose outcomes depend to some extent on chance. Highlights include principles for making decisions involving risk; elementary laws of probability; utility theory; and principles for making decisions involving uncertainty. (eight references)…

  11. Principles of Pesticide Use, Handling, and Application: Instructional Modules for Vocational Agriculture Education. Student Manual.

    ERIC Educational Resources Information Center

    Ellis Associates, Inc., College Park, MD.

    This training package is designed to present the basic principles of pesticide use, handling, and application. Included in this package is information on federal laws and regulations, personal safety, environmental implications, storage and disposal considerations, proper application procedures, and fundamentals of pest management. Successful…

  12. Principles of Pesticide Use, Handling, and Application: Instructional Modules for Vocational Agriculture Education. Teacher Manual.

    ERIC Educational Resources Information Center

    Ellis Associates, Inc., College Park, MD.

    The training package is designed to present the basic principles of pesticide use, handling, and application. Included in this package is information on Federal laws and regulations, personal safety, environmental implications, storage and disposal considerations, proper application procedures, and fundamentals of pest management. Successful…

  13. Non-Binding Arbitration. Alternative Dispute Resolution Series

    DTIC Science & Technology

    1990-09-01

    However, the panel did not accept of an expert in public contract law , and the documentation cf costs submitted by two experts on cement construction. The...expert, and both panel recommended a payment of parties agreed to the contract law expert, $57,000. who was to serve as the neutral party. The attorneys...applying situation. relevant principles from contract law . The arbitrator felt the contractor had justi- Plannin to Use Non-Binding Arbitration fied claims

  14. Contract Terminations for Default and Convenience.

    DTIC Science & Technology

    1981-06-01

    principal rights acquired by the Government under the default clause, according to Govern- ment Contract Law (M8157), is the right to repurchase the 2 item...with the conver- sion of terminations from default to convenience in any detail (21:539). Government Contract Law presented an ex- cellent summary of...factors leading to the conversion were analyzed on the basis of the DAR, principles of contract law , and studies included in the literature review

  15. An Analysis of Contracting Officer Technical Representative Training Requirements.

    DTIC Science & Technology

    1982-06-01

    AI and contract law . On the basis of the perceived need to eliminate superflu- ous material from the training of CA contract representatives and...Cost and pricing principles 3. Basic contract law 4. Types of contracts S. Definition of important terms 6. Understanding the terms and conditions--how...digesting and/or deletions to coincide with the learning objectives developed in Chapter III include: 1. Federal Acquisition Policy 2. Contract Law 3

  16. Optimal Control of the Valve Based on Traveling Wave Method in the Water Hammer Process

    NASA Astrophysics Data System (ADS)

    Cao, H. Z.; Wang, F.; Feng, J. L.; Tan, H. P.

    2011-09-01

    Valve regulation is an effective method for process control during the water hammer. The principle of d'Alembert traveling wave theory was used in this paper to construct the exact analytical solution of the water hammer, and the optimal speed law of the valve that can reduce the water hammer pressure in the maximum extent was obtained. Combining this law with the valve characteristic curve, the principle corresponding to the valve opening changing with time was obtained, which can be used to guide the process of valve closing and to reduce the water hammer pressure in the maximum extent.

  17. Factual causation in medical negligence.

    PubMed

    Manning, Joanna

    2007-12-01

    The conventional approach to causation in negligence is the "but for" test, decided on the balance of probabilities. Even when supplemented by the "material contribution" principle, satisfying the onus of proof of causation can be an insuperable obstacle for plaintiffs, particularly in medical cases. Yet, having found a breach of duty, a court's sympathies may gravitate toward the plaintiff at this point in the case. Accordingly, courts have sometimes accepted a relaxation of strict causation principles. The judicial devices are described: a special principle of causation in particular duties of care; a shifting burden of proof; "bridging the evidentiary gap" by drawing a robust inference of causation; treating a material increase in risk as sufficient proof of causation; and permitting causation to be established on the basis of the loss of a material chance of achieving a better outcome and discounting damages. In Accident Compensation Corp v Ambros [2007] NZCA 304 the New Zealand Court of Appeal recognised the need for a legal device to ameliorate the injustice sometimes caused by the strict rules of causation, and preferred the "inferential reasoning" approach favoured by the Canadian common law for use in the context of the accident compensation scheme. It is hoped that the New Zealand Supreme Court approves Ambros if the opportunity arises.

  18. On a New Theory of the System of Reference

    NASA Astrophysics Data System (ADS)

    Kalanov, Temur Z.

    2003-04-01

    A new theory of the system of reference is suggested. It represents the new point of view which has arisen from the critical analysis of the foundations of physics (in particular, the theory of relativity and quantum mechanics), mathematics, cosmology and philosophy. The main idea following from the analysis is that the correct concept of system of reference represents a key to comprehension of many basic logic errors which are in modern physics. The starting point of the theory is represented by the philosophical (dialectical materialistic) principles, in particular, the gnosiological principle. (The gnosiological principle is briefly formulated as follows. The purpose of a science is to know the laws of the Nature. The law is a form of scientific knowledge of the essence and the phenomenon. The essence is the internal basis of the phenomenon, and the phenomenon is the manifestation of the essence. Human practice is a basis of knowledge and a criterion of truth). These principles lead to the following statements. (1) The reality is the dialectical unity of the opposites: the objective reality and the non-objective (subjective) reality. (2) The system mankind + means of knowledge belongs to the subjective reality and is called system of reference. In this wide sense, the system of reference is the universal informational gnostic basis (i.e. the system consisting of natural objects and processes, of constructed devices and instruments, of sum of human knowledge and skills) created and used by mankind for the purpose of knowledge of the world. (3) The opposites are bounds of each other. Hence, the principle of objectivity of the physical laws is formulated as follows: the objective physical laws must not contain mentions of system of reference (in particular, references to procedure of measurement or of calculation). (4) The main informational property of the unitary system set of researches physical objects + system of reference is that the system of reference determines (measures, calculates) the parameters of the subsystem set of researched physical objects (for example, the coordinates x_M, y_M, zM of the object M); the parameters characterize the system of reference (for example, the system of coordinates). (5) The main gnostic property of the unitary system set of researches physical objects + system of reference is that the system of reference defines (formulates) the physical laws (i.e. creates the theories); the physical laws characterize the system of reference. (6) The parameters which take on values independently of existence of the researched physical objects characterize the system of reference. For example, the clock C, a part of the system of reference S, determines (but it does not measure!) the time t_C; the time tC characterizes the clock C. If all clocks have been synchronized, the universal time tS characterizes the system of reference S. (7) Researched physical object M and a clock are mutually independent objects. Hence, the coordinates x_M, y_M, zM and the time tS are mutually independent parameters. (8) The informational one-to-one correspondence between motion of object M and physical clock-process in clock is established (is defined) by man. For example, it has a form: dx_M/dtS ≡ v_x_M. Consequences: (a) information about the world is an ordered information because the system of reference S is an ordered and universal system. This information is an objective one if it does not depend on a system of reference; (b) mathematical operations on physical quantities with the coordinates and with the time are allowed by the laws of logic because the set of researches physical objects + system of reference is a unitary system; (c) the principle of existence and of transformation of coordinates: there are no coordinates and no transformation of coordinates in general, and there exist the coordinates x_M, y_M, zM and transformation of the coordinates x_M, y_M, zM of the object M only; (d) the special and general theories of relativity are an erroneous theories because their foundations, firstly, do not satisfy the principle of objectivity of the physical laws, secondly, they contradict the principle of transformation of coordinates and, thirdly, they assume mutual dependence between the researched physical object and a clock (i.e. between coordinates and time); (e) quantum mechanics does not satisfy the principle of objectivity of the physical laws.

  19. [Occupational medicine: practice and ethical requirements of the new law on health and safety in the workplace (legislative decree 81/2008)].

    PubMed

    Franco, Giuliano; Mora, Erika

    2009-01-01

    Decisions in occupational health may involve ethical conflicts arising from conflicts between stakeholders' interests. Codes of ethics can provide a practical guide to solve dilemmas. The new law on health and safety in the workplace in Italy (decree 81/2008) states that occupational health practice must comply with the code of ethics of the International Commission on Occupational Health. The universally acknowledged ethical principles of beneficience/nonmaleficience, autonomy and justice, which are the basis of the Charter of fundamental rights of the European Union, inspired this code. Although the code is not a systematic textbook of occupational health ethics and does not cover all possible aspects arising from the practice, making decisions based on it will assure their effectiveness and compliance with ethical principles, besides the formal respect of the law.

  20. A history of ethics and law in the intensive care unit.

    PubMed

    Luce, John M; White, Douglas B

    2009-01-01

    Because they provide potential benefit at great personal and public cost, the intensive care unit (ICU) and the interventions rendered therein have become symbols of both the promise and the limitations of medical technology. At the same time, the ICU has served as an arena in which many of the ethical and legal dilemmas created by that technology have been defined and debated. This article outlines major events in the history of ethics and law in the ICU, covering the evolution of ICUs, ethical principles, informed consent and the law, medical decision-making, cardiopulmonary resuscitation, withholding and withdrawing life-sustaining therapy, legal cases involving life support, advance directives, prognostication, and futility and the allocation of medical resources. Advancement of the ethical principle of respect for patient autonomy in ICUs increasingly is in conflict with physicians' concern about their own prerogatives and with the just distribution of medical resources.

  1. Rights, laws and tensions: A comparative analysis of the Convention on the Rights of Persons with Disabilities and the WHO Resource Book on Mental Health, Human Rights and Legislation.

    PubMed

    Duffy, Richard M; Kelly, Brendan D

    Good mental health legislation is essential for ensuring high quality mental health care and protecting human rights. Many countries are attempting to bring mental health legislation in line with the UN - Convention on the Rights of Persons with Disability (UN-CRPD). The UN-CRPD requires policy-makers to rethink the 'medical model' of mental illness and existing laws. It also challenges WHO guidelines on drafting mental health law, described in the WHO Resource Book on Mental Health, Human Rights and Legislation (WHO-RB). This study examines the relationship between the UN-CRPD and the WHO-RB. It compares the documents, highlighting similarities and identifying areas of disagreement. The WHO-RB contains a checklist of human rights standards it recommends are met at national level. This study analyses each component on this checklist and identifies the relevant sections in the UN-CRPD that pertain to each. Both the UN-CRPD and WHO-RB address more than just acute exacerbations of illness, providing guidelines on, inter alia, treatment, education, occupation and housing. They are patient-centred and strongly influenced by social rights. The UN-CRPD, however, gives just superficial consideration to the management of acute illness, forensic and risk issues, and does little to identify the role of family and carers. The UN-CRPD has evolved from disability research and strong advocacy organisations. Careful consideration is needed to enable it to address the specific needs encountered in mental illness. Both the UN-CRPD and WHO-RB highlight common tensions that must be resolved by clinicians, and provide some guidance for stakeholders who commonly need to observe one principle at the expense of another. Copyright © 2017 Elsevier Ltd. All rights reserved.

  2. The Common Law Threesome: Libel, Slander, and Invasion of Privacy.

    ERIC Educational Resources Information Center

    Anapol, Malthon M.

    Unlike most of the regulatory constraints which have impact on the media, libel, slander, and invasion of privacy are common law concepts developed from the precedents of previous court decisions and from reasoning employed in the written judicial opinions of appellate courts. Since common law is thus both traditional in nature and subject to…

  3. The Tao of Microelectronics

    NASA Astrophysics Data System (ADS)

    Zhang, Yumin

    2014-12-01

    Microelectronics is a challenging course to many undergraduate students and is often described as very messy. Before taking this course, all the students have learned circuit analysis, where basically all the problems can be solved by applying Kirchhoff's laws. In addition, most engineering students have also learned engineering mechanics: statics and dynamics, where Newton's laws and related principles can be applied in solving all the problems. However, microelectronics is not as clean as these courses. There are hundreds of equations for different circuits, and it is impossible to remember which equation should be applied to which circuit. One of the common pitfalls in learning this course is over-focusing at the equation level and ignoring the ideas (Tao) behind it. Unfortunately, these ideas are not summarized and emphasized in most microelectronics textbooks, though they cover various electronic circuits comprehensively. Therefore, most undergraduate students feel at a loss when they start to learn this topic. This book tries to illustrate the major ideas and the basic analysis techniques, so that students can derive the right equations easily when facing an electronic circuit.

  4. Principle of Minimum Energy in Magnetic Reconnection in a Self-organized Critical Model for Solar Flares

    NASA Astrophysics Data System (ADS)

    Farhang, Nastaran; Safari, Hossein; Wheatland, Michael S.

    2018-05-01

    Solar flares are an abrupt release of magnetic energy in the Sun’s atmosphere due to reconnection of the coronal magnetic field. This occurs in response to turbulent flows at the photosphere that twist the coronal field. Similar to earthquakes, solar flares represent the behavior of a complex system, and expectedly their energy distribution follows a power law. We present a statistical model based on the principle of minimum energy in a coronal loop undergoing magnetic reconnection, which is described as an avalanche process. We show that the distribution of peaks for the flaring events in this self-organized critical system is scale-free. The obtained power-law index of 1.84 ± 0.02 for the peaks is in good agreement with satellite observations of soft X-ray flares. The principle of minimum energy can be applied for general avalanche models to describe many other phenomena.

  5. The Morality and Economics of Safety in Defence Procurement

    NASA Astrophysics Data System (ADS)

    Clement, Tim

    Ministry of Defence policy is to conform as closely as possible to UK health and safety legislation in all its operations. We consider the implications of the law and the guidance provided by the Health and Safety Executive for the arguments we need to make for the safety of defence procurements, and extract four general principles to help in answering the questions that arise when considering the safety of systems with complex behaviour. One of these principles is analysed further to identify how case law and the guidance interpret the requirement for risks to be reduced so far as is reasonably practicable. We then apply the principles to answer some questions that have arisen in our work as Independent Safety Auditors, including the limits to the tolerability of risk to armed forces personnel and civilians in wartime, and the acceptability of the transfer of risk from one group to another when controls on risk are introduced.

  6. From Universal Laws of Cognition to Specific Cognitive Models

    ERIC Educational Resources Information Center

    Chater, Nick; Brown, Gordon D. A.

    2008-01-01

    The remarkable successes of the physical sciences have been built on highly general quantitative laws, which serve as the basis for understanding an enormous variety of specific physical systems. How far is it possible to construct universal principles in the cognitive sciences, in terms of which specific aspects of perception, memory, or decision…

  7. A Theoretical Framework for Media Law Courses (Approaches to Teaching Freedom of Expression).

    ERIC Educational Resources Information Center

    Helle, Steven

    1991-01-01

    Suggests that most students prefer teachers have a theme that provides coherence and cohesiveness to media law courses. Explains how libertarian and neoliberal themes can guide learning and enumerates some of the principles of the two theories. Identifies drawbacks of the case analysis approach to such courses. (SG)

  8. The Law of Entropy Increase--A Lab Experiment

    ERIC Educational Resources Information Center

    Dittrich, William; Drosd, Robert; Minkin, Leonid; Shapovalov, Alexander S.

    2016-01-01

    The second law of thermodynamics has various formulations. There is the "Clausius formulation," which can be stated in a very intuitive way: "No process is possible whose sole result is the transfer of heat from a cooler to a hotter body." There is also the "Kelvin-Plank principle," which states that "no cyclic…

  9. Electoral Law: Documents on Politics and Society in the Federal Republic of Germany.

    ERIC Educational Resources Information Center

    Inter Nationes, Bonn (West Germany).

    Free elections are one of the fundamental principles of any parliamentary democracy. The constitution of the Federal Republic of Germany, the Basic Law, stipulates in its article 20(2) that "all state authority emanates from the people" who exercise that authority "by means of elections and referendums and through special…

  10. Increasing the Drive of Your Physics Class

    ERIC Educational Resources Information Center

    Eisenstein, Stanley

    2008-01-01

    First-year physics students often have a difficult time grasping Newton's laws of motion and recognizing the forces that these laws depend on. The "Paper Car" project is an experiential activity that is rich in application of force principles. It is also simple enough that students are able to integrate straightforward but non-trivial physics…

  11. 3 CFR 8511 - Proclamation 8511 of April 29, 2010. Law Day, U.S.A., 2010

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... transactions, dispute resolution, human migration, and environmental regulation affect us all. The enduring legal principles of due process and equal protection of the law, judicial independence, access to....A. I call upon all Americans to acknowledge the importance of our Nation’s legal and judicial...

  12. BUBBLE STRIPPING TO DETERMINE HYDROGEN CONCENTRATIONS IN GROUND WATER: A PRACTICAL APPLICATION OF HENRY'S LAW

    EPA Science Inventory

    The Bubble Stripping Method is a chemical testing method that operates on the principle of Henry's Law. It is useful for determining concentrations of hydrogen in well water, and it is capable of detecting concentrations on the order of nanomoles per liter. The method provides ...

  13. The Interdisciplinary Course in the Legal Aspects of Noise Pollution at Columbia University.

    ERIC Educational Resources Information Center

    Harris, Cyril M.; Rosenthal, Albert J.

    1981-01-01

    A course in the legal aspects of noise pollution, cross-listed for students in Columbia University's Law and Engineering Schools, is described. Although noise is used as the major source of environmental pollution in this course, the principles and methodology discussed apply to other forms of environmental law. (MLW)

  14. Torts Liability for Strike Action and Third Party Rights.

    ERIC Educational Resources Information Center

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  15. Sport Law. NOLPE Monograph Series, No. 40.

    ERIC Educational Resources Information Center

    Sharp, Linda A.

    The first chapter of this monograph on sport law presents tort issues, primarily negligence. A discussion of some fundamental negligence concepts is followed by three sections devoted to the prime risk areas in school and collegiate settings. A review of the principles of risk management is included. The second chapter focuses on contractual…

  16. The Lyme Bay Canoeing Tragedy and the Criminal Law.

    ERIC Educational Resources Information Center

    Geary, Roger

    1996-01-01

    In 1994, an outdoor adventure company was the first British company to be found guilty of corporate manslaughter. General principles of criminal law, including the difference between recklessness and gross negligence, are reviewed to provide those in the outdoor industry a rough guide as to their possible criminal liability. Discusses U.K.…

  17. Recruiting and Retaining Teachers in Urban Schools: Implications for Policy and the Law.

    ERIC Educational Resources Information Center

    Jones, Deneese L.; Sandidge, Rosetta F.

    1997-01-01

    Addresses teacher supply/demand demographics in urban schools, as well as the legal and policy concerns typically faced by educational leaders responsible for staffing urban schools. Discusses basic principles educational leaders in urban schools must master to comply with the dictates of the law and sound educational policy. (GR)

  18. Ranganathan Online: Do Digital Libraries Violate the Third Law?

    ERIC Educational Resources Information Center

    Cloonan, Michele V.; Dove, John G.

    2005-01-01

    An ideology of librarianship was created by Shiyali Ramamrita (SR) Ranganathan in his classic The Five Laws of Library Science (Bombay: Asia Pub. House, 1963). He formulated objectives and principles for the organization of, access to, and use of library materials. Given the changing information world, this is a good time to reconsider…

  19. Implications of Liebig’s law of the minimum for tree-ring reconstructions of climate

    NASA Astrophysics Data System (ADS)

    Stine, A. R.; Huybers, P.

    2017-11-01

    A basic principle of ecology, known as Liebig’s Law of the Minimum, is that plant growth reflects the strongest limiting environmental factor. This principle implies that a limiting environmental factor can be inferred from historical growth and, in dendrochronology, such reconstruction is generally achieved by averaging collections of standardized tree-ring records. Averaging is optimal if growth reflects a single limiting factor and noise but not if growth also reflects locally variable stresses that intermittently limit growth. In this study a collection of Arctic tree ring records is shown to follow scaling relationships that are inconsistent with the signal-plus-noise model of tree growth but consistent with Liebig’s Law acting at the local level. Also consistent with law-of-the-minimum behavior is that reconstructions based on the least-stressed trees in a given year better-follow variations in temperature than typical approaches where all tree-ring records are averaged. Improvements in reconstruction skill occur across all frequencies, with the greatest increase at the lowest frequencies. More comprehensive statistical-ecological models of tree growth may offer further improvement in reconstruction skill.

  20. Health information law in the context of minors.

    PubMed

    Rosenbaum, Sara; Abramson, Susan; MacTaggart, Patricia

    2009-01-01

    This article presents a legal overview of privacy and autonomy considerations related to children in the context of health information technology adoption and use. All uses of health-related technologies take place within a legal framework that guides health care generally; the privacy laws and autonomy principles long predate health information technology and can be expected to shape its design and use. Furthermore, it is a legal tenet that technology advances shape the law, and this can be expected as health information technology use evolves. Most laws related to health care, medical practice, and the right to privacy are state-based and subject to high variability. As the health information revolution increasingly eliminates the importance of geographic boundaries to health care, interstate tensions can be expected to grow. Health information privacy law is even more complex in the case of children, because the relationship between privacy law and children is itself complex. The law considers minor children to be deserving of special protection against harm and risk exposure, and this concern extends to privacy. Regardless of whether minors can shield health information from parents, it is clear that parents and children have the power to control the flow of information to and among entities. Although information protections may pose a higher standard where information about children is concerned, this fact should not overshadow the extent to which information can be used under existing legal principles. Over time, as the security and safety of information sharing are established, the law may yet evolve to permit a freer flow of information.

  1. Secular humanism and "scientific psychiatry"

    PubMed Central

    Szasz, Thomas

    2006-01-01

    The Council for Secular Humanism identifies Secular Humanism as a "way of thinking and living" committed to rejecting authoritarian beliefs and embracing "individual freedom and responsibility ... and cooperation." The paradigmatic practices of psychiatry are civil commitment and insanity defense, that is, depriving innocent persons of liberty and excusing guilty persons of their crimes: the consequences of both are confinement in institutions ostensibly devoted to the treatment of mental diseases. Black's Law Dictionary states: "Every confinement of the person is an 'imprisonment,' whether it be in a common prison, or in private house, or in the stocks, or even by forcibly detaining one in the public streets." Accordingly, I maintain that Secular Humanism is incompatible with the principles and practices of psychiatry. PMID:16759353

  2. A Model for Steering with Haptic-Force Guidance

    NASA Astrophysics Data System (ADS)

    Yang, Xing-Dong; Irani, Pourang; Boulanger, Pierre; Bischof, Walter F.

    Trajectory-based tasks are common in many applications and have been widely studied. Recently, researchers have shown that even very simple tasks, such as selecting items from cascading menus, can benefit from haptic-force guidance. Haptic guidance is also of significant value in many applications such as medical training, handwriting learning, and in applications requiring precise manipulations. There are, however, only very few guiding principles for selecting parameters that are best suited for proper force guiding. In this paper, we present a model, derived from the steering law that relates movement time to the essential components of a tunneling task in the presence of haptic-force guidance. Results of an experiment show that our model is highly accurate for predicting performance times in force-enhanced tunneling tasks.

  3. Law on Nationality, 28 June 1988.

    PubMed

    1988-01-01

    Among other things, this Law considers the father's and mother's blood bonds to be of the same importance in determining the nationality of their children. The principle of blood bond is applied to determine the Vietnamese nationality of a child whose parents are either Vietnamese citizens or one of whom is Vietnamese and the other without nationality or of unknown nationality (Article 6). This principle aims to ensure Vietnamese nationality for children of Vietnamese blood from their birth. The Law also stipulates that a child, one of whose parents is a Vietnamese citizen, will bear Vietnamese nationality, provided that he or she is born in Viet Nam or that his or her parents are residing in Viet Nam at the time of the birth. The parents may, however, choose another nationality for their child if they so desire. If the child is born abroad, the choice of nationality will entirely depend on his or her parents, if they have no permanent residence in Viet Nam at the time of the birth (Article 6). The law ensures Vietnamese nationality for children whose parents bear no nationality but are residing in Viet Nam. The same applies to children of unknown parents found in Viet Nam (Article 6). The rights and interests of children are guaranteed by the principles contained in Chapter 4 of the law. If the parents of a child decide to change their nationality in a normal way (to adopt, relinquish, or recover their Vietnamese nationality), their children's nationality will change accordingly. But when the parents are deprived of Vietnamese nationality or their request to be naturalized in Viet Nam is turned down, their children's nationality will not change (Article 10). full text

  4. 76 FR 16858 - Proposed Information Collection (Statement of Marital Relationship); Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-25

    ... validity of a common law marriage. DATES: Written comments and recommendations on the proposed collection.... VA uses the information collected to determine whether a common law marriage was valid under the law of the place where the parties resided at the time of the marriage or under the law of the place...

  5. Marcus Theory: Thermodynamics CAN Control the Kinetics of Electron Transfer Reactions

    ERIC Educational Resources Information Center

    Silverstein, Todd P.

    2012-01-01

    Although it is generally true that thermodynamics do not influence kinetics, this is NOT the case for electron transfer reactions in solution. Marcus Theory explains why this is so, using straightforward physical chemical principles such as transition state theory, Arrhenius' Law, and the Franck-Condon Principle. Here the background and…

  6. Decision Making and the Avoidance of Cognitive Demand

    ERIC Educational Resources Information Center

    Kool, Wouter; McGuire, Joseph T.; Rosen, Zev B.; Botvinick, Matthew M.

    2010-01-01

    Behavioral and economic theories have long maintained that actions are chosen so as to minimize demands for exertion or work, a principle sometimes referred to as the "law of less work". The data supporting this idea pertain almost entirely to demands for physical effort. However, the same minimization principle has often been assumed also to…

  7. A Device to Demonstrate the Principles of Photometry and Three Experiments for Its Use.

    ERIC Educational Resources Information Center

    Delumyea, R. Del

    1987-01-01

    Describes how to construct a simple photometer. Outlines experiments in which this device can be used to demonstrate basic electronic principles, the use of Beer's Law to determine the concentration of an analyte in solution, and the effect of molar absorptivity on the sensitivity of photometric procedures. (TW)

  8. The measurement of principled morality by the Kohlberg Moral Dilemma Questionnaire.

    PubMed

    Heilbrun, A B; Georges, M

    1990-01-01

    The four stages preceding the postconventional level in the Kohlberg (1958, 1971, 1976) system of moral development are described as involving moral judgments that conform to external conditions of punishment, reward, social expectation, and conformity to the law. No special level of self-control seems necessary to behave in keeping with these conditions of external reinforcement. In contrast, the two stages of postconventional (principled) mortality involve defiance of majority opinion and defiance of the law--actions that would seem to require greater self-control. This study was concerned with whether postconventional moral reasoning, as measured by the Kohlberg Moral Dilemma Questionnaire (MDQ), can be associated with higher self-control. If so, prediction of principled moral behavior from the MDQ would be based not only on postconventional moral reasoning but bolstered by the necessary level of self-control as well. College students who came the closest to postconventional moral reasoning showed better self-control than college students who were more conventional or preconventional in their moral judgments. These results support the validity of the MDQ for predicting principled moral behavior.

  9. In Search of the ‘New Informal Legitimacy’ of Médecins Sans Frontières

    PubMed Central

    Calain, Philippe

    2012-01-01

    For medical humanitarian organizations, making their sources of legitimacy explicit is a useful exercise, in response to: misperceptions, concerns over the ‘humanitarian space’, controversies about specific humanitarian actions, challenges about resources allocation and moral suffering among humanitarian workers. This is also a difficult exercise, where normative criteria such as international law or humanitarian principles are often misrepresented as primary sources of legitimacy. This essay first argues for a morally principled definition of humanitarian medicine, based on the selfless intention of individual humanitarian actors. Taking Médecins Sans Frontières (MSF) as a case in point, a common source of moral legitimacy for medical humanitarian organizations is their cosmopolitan appeal to distributive justice and collective responsibility. More informally, their legitimacy is grounded in the rightfulness of specific actions and choices. This implies a constant commitment to publicity and accountability. Legitimacy is also generated by tangible support from the public to individual organizations, by commitments to professional integrity, and by academic alliances to support evidence-based practice and operational research. PMID:22442647

  10. Research on the Legislation of Chinese Space Laws

    NASA Astrophysics Data System (ADS)

    Yang, Dongwen

    2002-01-01

    1 Need and necessity for the legislation of Chinese space activities --Complying with UN treaties and principles on outer space --Adapting to the requirements of market economy --Promoting the further development of Chinese space activities --Developing international space cooperation 2 Research method for legislation of Chinese space activities The research method is ROCCIPI. This method was introduced into China with the project "Legislation Supports Economy Reform" supported by the UN Office of Development Planning - By analyzing the correlations among the seven factors: Rule, Opportunity, Capacity, Communication, Interest, Process and Ideology, the optimal legal measures can be found . Such analysis and research works on the master law of Chinese space activities have been made in the paper. 3 Research of international treaties &principles on outer space, and of national space laws of other countries. Studies have been made in this paper on many aspects of international outer space laws, such as framework, development stage, current characteristics, new problems will be faced with in new century, and development tendency in the future, etc. Based on the investigation and study of national space laws of other countries, analyses and researches on national space law have been made in the paper from some aspects, such as legislative purpose, legislative aim, legislative form, legislative content and etc, and some enlightenments, which can be used for reference in the legislation of Chinese Space Laws, are found. 4 Framework of Chinese Space Laws The jurisdiction of Chinese Space Laws lies in three areas: space technology - space applications and space science. Chinese Space Laws are divided into 3 levels: Master law, Administration Regulations of the State Council of the P.R.C, Rules of governmental sectors. 5 Conclusions and Suggestions --The legislation of Chinese Space Activities should be strengthened --More attentions should be paid to the research work in the policies &laws of Chinese space --The international exchanges and cooperation in the research work of space laws should be --The system of Chinese Space Laws should be constructed by the master law of Chinese space

  11. Principle of Maximum Fisher Information from Hardy’s Axioms Applied to Statistical Systems

    PubMed Central

    Frieden, B. Roy; Gatenby, Robert A.

    2014-01-01

    Consider a finite-sized, multidimensional system in a parameter state a. The system is in either a state of equilibrium or general non-equilibrium, and may obey either classical or quantum physics. L. Hardy’s mathematical axioms provide a basis for the physics obeyed by any such system. One axiom is that the number N of distinguishable states a in the system obeys N = max. This assumes that N is known as deterministic prior knowledge. However, most observed systems suffer statistical fluctuations, for which N is therefore only known approximately. Then what happens if the scope of the axiom N = max is extended to include such observed systems? It is found that the state a of the system must obey a principle of maximum Fisher information, I = Imax. This is important because many physical laws have been derived, assuming as a working hypothesis that I = Imax. These derivations include uses of the principle of Extreme physical information (EPI). Examples of such derivations were of the De Broglie wave hypothesis, quantum wave equations, Maxwell’s equations, new laws of biology (e.g. of Coulomb force-directed cell development, and of in situ cancer growth), and new laws of economic fluctuation and investment. That the principle I = Imax itself derives, from suitably extended Hardy axioms, thereby eliminates its need to be assumed in these derivations. Thus, uses of I = Imax and EPI express physics at its most fundamental level – its axiomatic basis in math. PMID:24229152

  12. Principle of maximum Fisher information from Hardy's axioms applied to statistical systems.

    PubMed

    Frieden, B Roy; Gatenby, Robert A

    2013-10-01

    Consider a finite-sized, multidimensional system in parameter state a. The system is either at statistical equilibrium or general nonequilibrium, and may obey either classical or quantum physics. L. Hardy's mathematical axioms provide a basis for the physics obeyed by any such system. One axiom is that the number N of distinguishable states a in the system obeys N=max. This assumes that N is known as deterministic prior knowledge. However, most observed systems suffer statistical fluctuations, for which N is therefore only known approximately. Then what happens if the scope of the axiom N=max is extended to include such observed systems? It is found that the state a of the system must obey a principle of maximum Fisher information, I=I(max). This is important because many physical laws have been derived, assuming as a working hypothesis that I=I(max). These derivations include uses of the principle of extreme physical information (EPI). Examples of such derivations were of the De Broglie wave hypothesis, quantum wave equations, Maxwell's equations, new laws of biology (e.g., of Coulomb force-directed cell development and of in situ cancer growth), and new laws of economic fluctuation and investment. That the principle I=I(max) itself derives from suitably extended Hardy axioms thereby eliminates its need to be assumed in these derivations. Thus, uses of I=I(max) and EPI express physics at its most fundamental level, its axiomatic basis in math.

  13. Regulating chemicals: law, science, and the unbearable burdens of regulation.

    PubMed

    Silbergeld, Ellen K; Mandrioli, Daniele; Cranor, Carl F

    2015-03-18

    The challenges of regulating industrial chemicals remain unresolved in the United States. The Toxic Substances Control Act (TSCA) of 1976 was the first legislation to extend coverage to the regulation of industrial chemicals, both existing and newly registered. However, decisions related to both law and science that were made in passing this law inevitably rendered it ineffectual. Attempts to fix these shortcomings have not been successful. In light of the European Union's passage of innovative principles and requirements for chemical regulation, it is no longer possible to deny the opportunity and need for reform in US law and practice.

  14. Divergent conservation laws in hyperbolic thermoelasticity

    NASA Astrophysics Data System (ADS)

    Murashkin, E. V.; Radayev, Y. N.

    2018-05-01

    The present study is devoted to the problem of formulation of conservation laws in divergent form for hyperbolic thermoelastic continua. The field formalism is applied to study the problem. A natural density of thermoelastic action and the corresponding variational least action principle are formulated. A special form of the first variation of the action is employed to obtain 4-covariant divergent conservation laws. Differential field equations and constitutive laws are derived from a special form of the first variation of the action integral. The objectivity of constitutive equations is provided by the rotationally invariant forms of the Lagrangian employed.

  15. Quantum Mechanics and the Principle of Least Radix Economy

    NASA Astrophysics Data System (ADS)

    Garcia-Morales, Vladimir

    2015-03-01

    A new variational method, the principle of least radix economy, is formulated. The mathematical and physical relevance of the radix economy, also called digit capacity, is established, showing how physical laws can be derived from this concept in a unified way. The principle reinterprets and generalizes the principle of least action yielding two classes of physical solutions: least action paths and quantum wavefunctions. A new physical foundation of the Hilbert space of quantum mechanics is then accomplished and it is used to derive the Schrödinger and Dirac equations and the breaking of the commutativity of spacetime geometry. The formulation provides an explanation of how determinism and random statistical behavior coexist in spacetime and a framework is developed that allows dynamical processes to be formulated in terms of chains of digits. These methods lead to a new (pre-geometrical) foundation for Lorentz transformations and special relativity. The Parker-Rhodes combinatorial hierarchy is encompassed within our approach and this leads to an estimate of the interaction strength of the electromagnetic and gravitational forces that agrees with the experimental values to an error of less than one thousandth. Finally, it is shown how the principle of least-radix economy naturally gives rise to Boltzmann's principle of classical statistical thermodynamics. A new expression for a general (path-dependent) nonequilibrium entropy is proposed satisfying the Second Law of Thermodynamics.

  16. Speed, Acceleration, and Velocity: Level II, Unit 9, Lesson 1; Force, Mass, and Distance: Lesson 2; Types of Motion and Rest: Lesson 3; Electricity and Magnetism: Lesson 4; Electrical, Magnetic, and Gravitational Fields: Lesson 5; The Conservation and Conversion of Matter and Energy: Lesson 6; Simple Machines and Work: Lesson 7; Gas Laws: Lesson 8; Principles of Heat Engines: Lesson 9; Sound and Sound Waves: Lesson 10; Light Waves and Particles: Lesson 11; Program. A High.....

    ERIC Educational Resources Information Center

    Manpower Administration (DOL), Washington, DC. Job Corps.

    This self-study program for high-school level contains lessons on: Speed, Acceleration, and Velocity; Force, Mass, and Distance; Types of Motion and Rest; Electricity and Magnetism; Electrical, Magnetic, and Gravitational Fields; The Conservation and Conversion of Matter and Energy; Simple Machines and Work; Gas Laws; Principles of Heat Engines;…

  17. Law of Mass Communications: Freedom and Control of Print and Broadcast Media. Third Edition.

    ERIC Educational Resources Information Center

    Nelson, Harold L.; Teeter, Dwight L., Jr.

    This book is divided into three major sections: principles and development of freedom of expression, rights in conflict with free expression, and communications law and the public interest. Specific areas covered in the two chapters of the first section are freedom and control and a historical background of freedom of expression. The second…

  18. Genetically Modified Crops and Nuisance: Exploring the Role of Precaution in Private Law

    ERIC Educational Resources Information Center

    Craik, Neil; Culver, Keith; Siebrasse, Norman

    2007-01-01

    This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use…

  19. The Atomic Origin of the Reflection Law

    ERIC Educational Resources Information Center

    Prytz, Kjell

    2016-01-01

    It will be demonstrated how the reflection law may be derived on an atomic basis using the plane wave approximation together with Huygens' principle. The model utilized is based on the electric dipole character of matter originating from its molecular constituents. This approach is not new but has, since it was first introduced by Ewald and Oseen…

  20. Conceptual Problems in the Foundations of Mechanics

    ERIC Educational Resources Information Center

    Coelho, Ricardo Lopes

    2012-01-01

    There has been much research on principles and fundamental concepts of mechanics. Problems concerning the law of inertia, the concepts of force, fictitious force, weight, mass and the distinction between inertial and gravitational mass are addressed in the first part of the present paper. It is argued in the second that the law of inertia is the…

  1. You've Got a Deal! Using the Film "Draft Day" to Teach Fundamental Contract Law and Analytical Skills

    ERIC Educational Resources Information Center

    Ruud, Judith Kish; Ruud, William N.; Moussavi, Farzad

    2017-01-01

    This article proposes a film assignment that uses a series of activities built around the film "Draft Day" to supplement traditional pedagogies for teaching contract law in introductory courses. This film facilitates learning by reinforcing the contract formation principles faculty teach in introductory courses; showing contract…

  2. The professional standard of care in clinical negligence.

    PubMed

    Tingle, John

    The general principle of law relating to breach of duty in the tort of negligence has been discussed during this series of articles. This article continues that discussion in relation to healthcare professionals such as nurses and doctors, and how the law affects their case. The issue of the expanded role of the nurse is also discussed.

  3. Pareto 80/20 Law: Derivation via Random Partitioning

    ERIC Educational Resources Information Center

    Lipovetsky, Stan

    2009-01-01

    The Pareto 80/20 Rule, also known as the Pareto principle or law, states that a small number of causes (20%) is responsible for a large percentage (80%) of the effect. Although widely recognized as a heuristic rule, this proportion has not been theoretically based. The article considers derivation of this 80/20 rule and some other standard…

  4. The "all-or-none" law in skeletal muscle and nerve fibres.

    PubMed

    Pareti, G

    2007-01-01

    In 1905 the Cambridge physiologist Keith Lucas extended the "all-or-none" principle (introduced by H. P. Bowditch for the cardiac tissue) to skeletal muscle and nerve fibres. Nevertheless, in a short time it was clear that nerve fibres obey this law, but also that frequency of discharge is another relevant factor in the nervous conduction.

  5. Cootie Genetics: Simulating Mendel's Experiments to Understand the Laws of Inheritance

    ERIC Educational Resources Information Center

    Galloway, Katelyn; Anderson, Nadja

    2014-01-01

    "Cootie Genetics" is a hands-on, inquiry-based activity that enables students to learn the Mendelian laws of inheritance and gain an understanding of genetics principles and terminology. The activity begins with two true-breeding Cooties of the same species that exhibit five observable trait differences. Students observe the retention or…

  6. Study of the conservation of mechanical energy in the motion of a pendulum using a smartphone

    NASA Astrophysics Data System (ADS)

    Pierratos, Theodoros; Polatoglou, Hariton M.

    2018-01-01

    A common method that scientists use to validate a theory is to utilize known principles and laws to produce results on specific settings, which can be assessed using the appropriate experimental methods and apparatuses. Smartphones have various sensors built-in and could be used for measuring and logging data in physics experiments. In this work, we propose the use of smartphones for students to study a simple pendulum’s conservation of mechanical energy. It is well known that common smartphones do not have a velocity sensor, which could make the verification of the conservation of mechanical energy a simpler task. To overcome this, one can use an accelerometer to measure the centripetal acceleration on the mass and from that, deduce the maximum velocity. In this study, we show that this can be achieved with reasonable uncertainty, using a mobile device. Thus, we developed an experiment which corroborates with the conservation of mechanical energy and can be performed in the classroom.

  7. Thermodynamic laws apply to brain function.

    PubMed

    Salerian, Alen J

    2010-02-01

    Thermodynamic laws and complex system dynamics govern brain function. Thus, any change in brain homeostasis by an alteration in brain temperature, neurotransmission or content may cause region-specific brain dysfunction. This is the premise for the Salerian Theory of Brain built upon a new paradigm for neuropsychiatric disorders: the governing influence of neuroanatomy, neurophysiology, thermodynamic laws. The principles of region-specific brain function thermodynamics are reviewed. The clinical and supporting evidence including the paradoxical effects of various agents that alter brain homeostasis is demonstrated.

  8. Zipf’s Law and the Frequency of Kazak Phonemes in Word Formation

    NASA Astrophysics Data System (ADS)

    Xin, Ruiqing; Li, Yonghong; Yu, Hongzhi

    2018-03-01

    Zipf’s Law is the basis of the principle of Least Effort, and is widely applicable in all natural fields. The occurring frequency of each phoneme in all Kazak words has been counted to testify the application of Zipf’s law in Kazak. Due to the limitation of the sample size, deviation is unavoidable, but overall results indicate that the occurring frequency and the reciprocal rank of each phoneme in Kazak words formation are in line with Zipf’s distribution.

  9. Codes of professional responsibility for lawyers: ethics or law?

    PubMed

    Lawry, R P

    1984-01-01

    The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.

  10. Assisted reproductive technology: perspectives in Halakha (Jewish religious law).

    PubMed

    Schenker, Joseph G

    2008-01-01

    The Jewish religion is characterized by a strict association between faith and practical precepts. In principle, Jewish law has two divisions, the Written and the Oral traditions. The foundation of the Written Law and the origin of authority is the Torah, the first five books of the Scripture. This paper presents the attitude of Jewish religion to assisted reproductive therapeutic procedures such as IVF-embryo transfer, spermatozoa, oocytes, embryo donation, cryopreservation of genetic material, surrogacy, posthumous reproduction, gender preselection and reproductive and therapeutic cloning.

  11. [Laws relevant to international missions of health cooperation].

    PubMed

    Scaroni, E; Riccardo, F; De Rosa, A G; Russo, G; Pacini, A; Nardi, L; Pacifici, L E

    2007-01-01

    Both medical doctors and humanitarian operators engaged in health relief or development missions abroad, are called to respect the general principles of international law, that is to say, customary law that is legally compulsory for the International Community and rules deriving from Treaties and International Conventions. Humanitarian operators have to observe also the rules and regulations of the hosting country. They have to respect all rules applying to their humanitarian action and they have to take responsibility towards beneficiaries and donors alike.

  12. Legal Services: Judge Advocate Legal Services

    DTIC Science & Technology

    1996-09-30

    14–14, page 41 Publicity • 14–15, page 41 Insignia • 14–16, page 41 Chapter 15 Contract Law Attorneys, page 43 General • 15–1, page 43 General...Duties • 15–2, page 43 Management • 15–3, page 43 Principles of contract law practice • 15–4, page 43 Contract disputes and litigation support • 15–5...legal matters; and (2) Resolving their personal legal problems whenever possible. m. Contract law responsibilities. TJAG will provide— (1) Technical

  13. A legal version of the nanoworld

    NASA Astrophysics Data System (ADS)

    Lacour, Stéphanie

    2011-09-01

    Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.

  14. Application of mobile digital communications in law enforcement, an introductory planning guide

    NASA Technical Reports Server (NTRS)

    Sohn, R. L.; Abraham, J. E.; Leflang, W. G.; Kennedy, R. D.; Wilson, J. H.; Gurfield, R. M.

    1975-01-01

    A set of planning guidelines for the application of digital communications techniques to law enforcement use is presented. Some essential characteristics of digital techniques and their applications are outlined, as are some principles of system analysis, evaluation, and planning. Requirements analysis, system concept design, implementation planning, and performance and cost modeling are described and demonstrated with respect to this application problem. Information on law enforcement digital communications systems and equipment and a list of vendor sources are given in appendices.

  15. [Common law, civil law: thinking about the tools of the judge in bioethics].

    PubMed

    Baudouin, Jean-Louis

    2006-01-01

    Civilian and common law judges differ substantially in their approach to the resolution of issues concerning bioethics and health sciences. Whereas the civilian judge will first take into account the legislative source, his common law counterpart will most probably first look at judicial precedents for guidance. In both systems, however, the legislative drafting technique differs substantially and has a direct impact on judicial interpretation of the law. Both systems also differ in the way that judicial decisions are drafted and rendered. In the common law tradition, judges draft their own opinion, leaving the possibility of dissent which, in turn, helps to better illustrate contentious issues and may have an influence on social awareness of difficult problems. Finally, in bioethics, legislation should be preferred if only for a question of social legitimacy, since decisions are then taken by elected representatives. However, this type of legislation should be subject to periodical review to better adapt its rules to the evolution of science and society.

  16. Neodymium Magnets.

    ERIC Educational Resources Information Center

    Wida, Sam

    1992-01-01

    Uses extremely strong neodymium magnets to demonstrate several principles of physics including electromagnetic induction, Lenz's Law, domain theory, demagnetization, the Curie point, and magnetic flux lines. (MDH)

  17. The Mayer-Joule Principle: The Foundation of the First Law of Thermodynamics

    ERIC Educational Resources Information Center

    Newburgh, Ronald; Leff, Harvey S.

    2011-01-01

    To most students today the mechanical equivalent of heat, called the Mayer-Joule principle, is simply a way to convert from calories to joules and vice versa. However, in linking work and heat--once thought to be disjointed concepts--it goes far beyond unit conversion. Heat had eluded understanding for two centuries after Galileo Galilei…

  18. Relationships between Learning Styles and Academic Achievement and Brain Hemispheric Dominance and Academic Performance in Business and Accounting Courses.

    ERIC Educational Resources Information Center

    Carthey, Joseph H.

    A study determined if relationships exist between learning styles and academic achievement and brain hemispheric dominance and academic performance in the courses of principles of management, business law, intermediate accounting, and principles of economics. All second-year accounting students (64 students) at Northeast Iowa Community College…

  19. Meeting Legal Challenges. The School Leader's Library: Leading for Learning Series.

    ERIC Educational Resources Information Center

    Beckham, Joseph

    This book focuses on the influence that law and politics have on the educational system. This is a newly emerging view of schools in an increasingly pluralistic, complex, and technological society. In such a context, an understanding of legal principles and how those principles affect educational practice is essential for the school leader not…

  20. 75 FR 43922 - Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-07-27

    ..., who do not routinely encounter claims that implicate the abstract idea exception. Under the principles... principles: Laws of nature, physical phenomena, and abstract ideas. See id. The Office has been using the so... marketing a product, comprising: Developing a shared marketing force, said shared marketing force including...

  1. The North American model and captive cervid facilities—What is the threat?

    USGS Publications Warehouse

    Organ, John F.; Decker, Thomas A.; Lama, Tanya M.

    2016-01-01

    The North American Model of Wildlife Conservation represents the key principles that in combination resulted in a distinct form of wildlife conservation in the United States and Canada. How and to what extent captive cervid facilities comport with or conflict with these principles has implications for wildlife conservation. Greatest threats appear to be toward principles of public ownership of wildlife, allocation of wildlife by law, and in policy decisions based on science. Captive cervid facilities have potential to contribute to erosion of the underlying principles of the Model and could undermine public support for conservation initiatives.

  2. The boundary of a boundary principle in field theories and the issue of austerity of the laws of physics

    NASA Astrophysics Data System (ADS)

    Kheyfets, Arkady; Miller, Warner A.

    1991-11-01

    The boundary of a boundary principle has been suggested by J. A. Wheeler as a realization of the austerity idea in field theories. This principle is described in three basic field theories—electrodynamics, Yang-Mills theory, and general relativity. It is demonstrated that it supplies a unified geometric interpretation of the source current in each of the three theories in terms of a generalized E. Cartan moment of rotation. The extent to which the boundary of a boundary principle represents the austerity principle is discussed. It is concluded that it works in a way analogous to thermodynamic relations and it is argued that deeper principles might be needed to comprehend the nature of austerity.

  3. From Blackstone's Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children

    ERIC Educational Resources Information Center

    Sedler, Robert A.

    2007-01-01

    Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

  4. An Overview of DoD Policy for and Administration of Independent Research and Development

    DTIC Science & Technology

    1975-05-01

    Anderson, Captain William J. Lewandowski, Major James C . Roan, and Mr. Lloyd G. Mitchell to mention a few) kept the author abreast the latest...D Cost Principles (1959) A-I B. AEC Cost Principles for IR&D B-I C . Section 203, Public Law 91-441 C -i D. DOD IR&D Cost Principles (1971) D-1 E...Arii~bd Services Pkocurement Regulations ASRSC Armed Services Research Specialists Cotiitiiittee BOB Buireau bf the Budgse C Comptroiler CITE

  5. When four principles are too many: a commentary.

    PubMed

    Gillon, Raanan

    2012-04-01

    This commentary briefly argues that the four prima facie principles of beneficence, non-maleficence, respect for autonomy and justice enable a clinician (and anybody else) to make ethical sense of the author's proposed reliance on professional guidance and rules, on law, on professional integrity and on best interests, and to subject them all to ethical analysis and criticism based on widely acceptable basic prima facie moral obligations; and also to confront new situations in the light of those acceptable principles.

  6. Viscoelastic Properties of Confluent MDCK II Cells Obtained from Force Cycle Experiments.

    PubMed

    Brückner, Bastian Rouven; Nöding, Helen; Janshoff, Andreas

    2017-02-28

    The local mechanical properties of cells are frequently probed by force indentation experiments carried out with an atomic force microscope. Application of common contact models provides a single parameter, the Young's modulus, to describe the elastic properties of cells. The viscoelastic response of cells, however, is generally measured in separate microrheological experiments that provide complex shear moduli as a function of time or frequency. Here, we present a straightforward way to obtain rheological properties of cells from regular force distance curves collected in typical force indentation measurements. The method allows us to record the stress-strain relationship as well as changes in the weak power law of the viscoelastic moduli. We derive an analytical function based on the elastic-viscoelastic correspondence principle applied to Hertzian contact mechanics to model both indentation and retraction curves. Rheological properties are described by standard viscoelastic models and the paradigmatic weak power law found to interpret the viscoelastic properties of living cells best. We compare our method with atomic force microscopy-based active oscillatory microrheology and show that the method to determine the power law coefficient is robust against drift and largely independent of the indentation depth and indenter geometry. Cells were subject to Cytochalasin D treatment to provoke a drastic change in the power law coefficient and to demonstrate the feasibility of the approach to capture rheological changes extremely fast and precisely. The method is easily adaptable to different indenter geometries and acquires viscoelastic data with high spatiotemporal resolution. Copyright © 2017 Biophysical Society. Published by Elsevier Inc. All rights reserved.

  7. Principle of Parsimony, Fake Science, and Scales

    NASA Astrophysics Data System (ADS)

    Yeh, T. C. J.; Wan, L.; Wang, X. S.

    2017-12-01

    Considering difficulties in predicting exact motions of water molecules, and the scale of our interests (bulk behaviors of many molecules), Fick's law (diffusion concept) has been created to predict solute diffusion process in space and time. G.I. Taylor (1921) demonstrated that random motion of the molecules reach the Fickian regime in less a second if our sampling scale is large enough to reach ergodic condition. Fick's law is widely accepted for describing molecular diffusion as such. This fits the definition of the parsimony principle at the scale of our concern. Similarly, advection-dispersion or convection-dispersion equation (ADE or CDE) has been found quite satisfactory for analysis of concentration breakthroughs of solute transport in uniformly packed soil columns. This is attributed to the solute is often released over the entire cross-section of the column, which has sampled many pore-scale heterogeneities and met the ergodicity assumption. Further, the uniformly packed column contains a large number of stationary pore-size heterogeneity. The solute thus reaches the Fickian regime after traveling a short distance along the column. Moreover, breakthrough curves are concentrations integrated over the column cross-section (the scale of our interest), and they meet the ergodicity assumption embedded in the ADE and CDE. To the contrary, scales of heterogeneity in most groundwater pollution problems evolve as contaminants travel. They are much larger than the scale of our observations and our interests so that the ergodic and the Fickian conditions are difficult. Upscaling the Fick's law for solution dispersion, and deriving universal rules of the dispersion to the field- or basin-scale pollution migrations are merely misuse of the parsimony principle and lead to a fake science ( i.e., the development of theories for predicting processes that can not be observed.) The appropriate principle of parsimony for these situations dictates mapping of large-scale heterogeneities as detailed as possible and adapting the Fick's law for effects of small-scale heterogeneity resulting from our inability to characterize them in detail.

  8. What about ex post facto

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    McKee, H.C.

    This note presents a legal question in an attempt to find an answer. The author hopes that some legal scholar can explain the principle of ex post facto in the US Constitution as it applies to some of the environmental laws. One of the major advantages of the Association is that it provides a forum for communication among members with different backgrounds and experience. An ex post facto law is one that is applied retroactively. Under such a law, a person could be punished for some act that violated a law passed after the act was committed, even though themore » act was legal when committed. The US Constitution prohibits such laws, as will be discussed later. States are also prohibited from enacting ex post facto laws.« less

  9. 12 CFR 747.22 - Consolidation and severance of actions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules... the motion of any party, or on the administrative law judge's own motion, the administrative law judge... involves at least one common respondent or a material common question of law or fact, unless such...

  10. Reanalyzing the Ampere-Maxwell Law

    ERIC Educational Resources Information Center

    Hill, S. Eric

    2011-01-01

    In a recent "TPT" article, I addressed a common miscommunication about Faraday's law, namely, that introductory texts often say the law expresses a causal relationship between the magnetic fields time variation and the electric fields circulation. In that article, I demonstrated that these field behaviors share a common cause in a time-varying…

  11. HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

    PubMed Central

    2008-01-01

    The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic. PMID:19046428

  12. Laws of Life: A Literacy-Based Intervention for Social-Emotional and Character Development and Resilience

    ERIC Educational Resources Information Center

    Elias, Maurice

    2008-01-01

    Laws of Life is a literacy-based intervention that allows students to identify and articulate the principles by which they live their lives. In the urban context, such an intervention is vital for reclaiming children's interest in writing and helping them to more intentionally guide their lives and their futures according to positive core values.…

  13. Decision-Making and the Law in Higher Education--Emphasis on Student Rights: Essay and Bibliography.

    ERIC Educational Resources Information Center

    Tice, Terrence N.

    The essay and bibliography presented here are designed for general use among those concerned with questions of campus rights and responsibilities and with the application of legal principles in campus decision-making. The primary focus is on student rights issues. The discussion falls into three parts: (1) "Law and Morality in the Open Society" is…

  14. What can law do for the development of bio-economy?

    PubMed

    Chang-Qiu, Liu

    2012-03-01

    Bio-technology has become a new impeller to the development of the world economy since the 1970's. The development of bio-economy has two sides for mankind which calls for intervention by law. During the legislation of bioeconomy, some special principles should be esteemed and observed by legislators. It is necessary for the healthy development of bio-economy.

  15. Contract Formation and Performance under the UCC and CISG: A Comparative Case Study

    ERIC Educational Resources Information Center

    Saunders, Kurt M.; Rymsza, Leonard

    2015-01-01

    Contracts for the sale of goods in the United States are governed by the Uniform Commercial Code (UCC) in every state but one. When one of the parties to the contract is based in another country, however, the conflict of laws principles that will determine which country's law governs the transaction can be confounding. In addition, the commercial…

  16. Heap pumps marketing problems and the role played by the financial incentives provided by the law 308/82

    NASA Astrophysics Data System (ADS)

    Dallavalle, E.; Piantoni, E.

    The principle techno-economic factors which influence the utilization of heat pumps are examined. Through the analysis of current technology and the economic incentives expected from articles 6-7, 8-9, and 12 of law 308/82, some results are derived which give some indication of the future of the market.

  17. A History of Ethics and Law in the Intensive Care Unit

    PubMed Central

    Luce, John M.; White, Douglas B.

    2009-01-01

    Synopsis Because they provide potential benefit at great personal and public cost, the intensive care unit (ICU) and the interventions rendered therein have become symbols of both the promise and the limitations of medical technology. At the same time, the ICU has served as an arena in which many of the ethical and legal dilemmas created by that technology have been defined and debated. In this essay, we outline major events in the history of ethics and law in the ICU. We cover 10 areas: 1) the evolution of ICUs, 2) ethical principles, 3) informed consent and the law, 4) medical decision-making, 5) cardiopulmonary resuscitation, 6) withholding and withdrawing life-sustaining therapy, 7) legal cases involving life support, 8) advance directives, 9) prognostication, and 10) futility and the allocation of medical resources. We emphasize that advancement of the ethical principle of respect for patient autonomy in ICUs increasingly is conflicting with physicians’ concern about their own prerogatives and with the just distribution of medical resources. PMID:19268804

  18. Statistical Mechanical Proof of the Second Law of Thermodynamics based on Volume Entropy

    NASA Astrophysics Data System (ADS)

    Campisi, Michele

    2007-10-01

    As pointed out in [M. Campisi. Stud. Hist. Phil. M. P. 36 (2005) 275-290] the volume entropy (that is the logarithm of the volume of phase space enclosed by the constant energy hyper-surface) provides a good mechanical analogue of thermodynamic entropy because it satisfies the heat theorem and it is an adiabatic invariant. This property explains the ``equal'' sign in Clausius principle (Sf>=Si) in a purely mechanical way and suggests that the volume entropy might explain the ``larger than'' sign (i.e. the Law of Entropy Increase) if non adiabatic transformations were considered. Based on the principles of quantum mechanics here we prove that, provided the initial equilibrium satisfy the natural condition of decreasing ordering of probabilities, the expectation value of the volume entropy cannot decrease for arbitrary transformations performed by some external sources of work on a insulated system. This can be regarded as a rigorous quantum mechanical proof of the Second Law.

  19. The optimisation approach of ALARA in nuclear practice: an early application of the precautionary principle. Scientific uncertainty versus legal uncertainty.

    PubMed

    Lierman, S; Veuchelen, L

    2005-01-01

    The late health effects of exposure to low doses of ionising radiation are subject to scientific controversy: one view finds threats of high cancer incidence exaggerated, while the other view thinks the effects are underestimated. Both views have good scientific arguments in favour of them. Since the nuclear field, both industry and medicine have had to deal with this controversy for many decades. One can argue that the optimisation approach to keep the effective doses as low as reasonably achievable, taking economic and social factors into account (ALARA), is a precautionary approach. However, because of these stochastic effects, no scientific proof can be provided. This paper explores how ALARA and the Precautionary Principle are influential in the legal field and in particular in tort law, because liability should be a strong incentive for safer behaviour. This so-called "deterrence effect" of liability seems to evaporate in today's technical and highly complex society, in particular when dealing with the late health effects of low doses of ionising radiation. Two main issues will be dealt with in the paper: 1. How are the health risks attributable to "low doses" of radiation regulated in nuclear law and what lessons can be learned from the field of radiation protection? 2. What does ALARA have to inform the discussion of the Precautionary Principle and vice-versa, in particular, as far as legal sanctions and liability are concerned? It will be shown that the Precautionary Principle has not yet been sufficiently implemented into nuclear law.

  20. A stochastic regulator for integrated communication and control systems. I - Formulation of control law. II - Numerical analysis and simulation

    NASA Technical Reports Server (NTRS)

    Liou, Luen-Woei; Ray, Asok

    1991-01-01

    A state feedback control law for integrated communication and control systems (ICCS) is formulated by using the dynamic programming and optimality principle on a finite-time horizon. The control law is derived on the basis of a stochastic model of the plant which is augmented in state space to allow for the effects of randomly varying delays in the feedback loop. A numerical procedure for synthesizing the control parameters is then presented, and the performance of the control law is evaluated by simulating the flight dynamics model of an advanced aircraft. Finally, recommendations for future work are made.

  1. Bioethics for clinicians: 22. Jewish bioethics

    PubMed Central

    Goldsand, Gary; Rosenberg, Zahava R.S.; Gordon, Michael

    2001-01-01

    Jewish bioethics in the contemporary era emerges from the traditional practice of applying principles of Jewish law (Halacha) to ethical dilemmas. The Bible (written law) and the Talmud (oral law) are the foundational texts on which such deliberations are based. Interpretation of passages in these texts attempts to identify the duties of physicians, patients and families faced with difficult health care decisions. Although Jewish law is an integral consideration of religiously observant Jews, secularized Jewish patients often welcome the wisdom of their tradition when considering treatment options. Jewish bioethics exemplifies how an ethical system based on duties may differ from the secular rights-based model prevalent in North American society. PMID:11332319

  2. About Perpetuum Mobile without Emotions

    NASA Astrophysics Data System (ADS)

    Nikulov, Alexey

    2002-11-01

    It is noted that old belief in impossibility of any perpetuum mobile is the basis of the great confidence in the second law of thermodynamics. The Carnot's principle, «called with the time of Rudolf Clausius as the second law of thermodynamics», was based on this belief and this belief saved the second law in the beginning of 20 century when absolute randomness of any Brownian motion, perpetual motion experimentally observed, was postulated. It is shown that this postulate is not correct according to quantum mechanics. Moreover experimental evidence of its violation is known. Violation of this postulate means violation of the second law and a possibility of useful perpetuum mobile.

  3. Transgenerational epigenetics and environmental justice.

    PubMed

    Rothstein, Mark A; Harrell, Heather L; Marchant, Gary E

    2017-07-01

    Human transmission to offspring and future generations of acquired epigenetic modifications has not been definitively established, although there are several environmental exposures with suggestive evidence. This article uses three examples of hazardous substances with greater exposures in vulnerable populations: pesticides, lead, and diesel exhaust. It then considers whether, if there were scientific evidence of transgenerational epigenetic inheritance, there would be greater attention given to concerns about environmental justice in environmental laws, regulations, and policies at all levels of government. To provide a broader perspective on environmental justice the article discusses two of the most commonly cited approaches to environmental justice. John Rawls's theory of justice as fairness, a form of egalitarianism, is frequently invoked for the principle that differential treatment of individuals is justified only if actions are designed to benefit those with the greatest need. Another theory, the capabilities approach of Amartya Sen and Martha Nussbaum, focuses on whether essential capabilities of society, such as life and health, are made available to all individuals. In applying principles of environmental justice the article considers whether there is a heightened societal obligation to protect the most vulnerable individuals from hazardous exposures that could adversely affect their offspring through epigenetic mechanisms. It concludes that unless there were compelling evidence of transgenerational epigenetic harms, it is unlikely that there would be a significant impetus to adopt new policies to prevent epigenetic harms by invoking principles of environmental justice.

  4. Transgenerational epigenetics and environmental justice

    PubMed Central

    Rothstein, Mark A.; Harrell, Heather L.; Marchant, Gary E.

    2017-01-01

    Abstract Human transmission to offspring and future generations of acquired epigenetic modifications has not been definitively established, although there are several environmental exposures with suggestive evidence. This article uses three examples of hazardous substances with greater exposures in vulnerable populations: pesticides, lead, and diesel exhaust. It then considers whether, if there were scientific evidence of transgenerational epigenetic inheritance, there would be greater attention given to concerns about environmental justice in environmental laws, regulations, and policies at all levels of government. To provide a broader perspective on environmental justice the article discusses two of the most commonly cited approaches to environmental justice. John Rawls's theory of justice as fairness, a form of egalitarianism, is frequently invoked for the principle that differential treatment of individuals is justified only if actions are designed to benefit those with the greatest need. Another theory, the capabilities approach of Amartya Sen and Martha Nussbaum, focuses on whether essential capabilities of society, such as life and health, are made available to all individuals. In applying principles of environmental justice the article considers whether there is a heightened societal obligation to protect the most vulnerable individuals from hazardous exposures that could adversely affect their offspring through epigenetic mechanisms. It concludes that unless there were compelling evidence of transgenerational epigenetic harms, it is unlikely that there would be a significant impetus to adopt new policies to prevent epigenetic harms by invoking principles of environmental justice. PMID:29492313

  5. Nursing and justice as a basic human need.

    PubMed

    Johnstone, Megan-Jane

    2011-01-01

    This paper explores the idea that justice is a basic human need akin to those famously depicted in Maslow's hierarchy of human needs and, as such, warrants recognition as a core element in representative ideas about nursing. Early nurse theorists positioned the principles and practice of nursing as having their origins in 'universal human needs'. The principle of deriving nursing care from human needs was thought to provide a guide not only for promoting health, but for preventing disease and illness. The nursing profession has had a longstanding commitment to social justice as a core professional value and ideal, obligating nurses to address the social conditions that undermine people's health. The idea of justice as a universal human need per se and its possible relationship to people's health outcomes has, however, not been considered. One reason for this is that justice in nursing discourse has more commonly been associated with law and ethics, and the legal and ethical responsibilities of nurses in relation to individualized patient care and, more recently, changing systems of care to improve health and health outcomes. Although this association is not incorrect, it is incomplete. A key aim of this paper is to redress this oversight and to encourage a broader conceptualization of justice as necessary for human survival, health and development, not merely as a professional value, or legal or ethical principle for guiding human conduct. © 2010 Blackwell Publishing Ltd.

  6. Helicopter rotor trailing edge noise. [noise prediction

    NASA Technical Reports Server (NTRS)

    Schlinker, R. H.; Amier, R. K.

    1981-01-01

    A two dimensional section of a helicopter main rotor blade was tested in an acoustic wind tunnel at close to full-scale Reynolds numbers to obtain boundary layer data and acoustic data for use in developing an acoustic scaling law and testing a first principles trailing edge noise theory. Results were extended to the rotating frame coordinate system to develop a helicopter rotor trailing edge noise prediction. Comparisons of the calculated noise levels with helicopter flyover spectra demonstrate that trailing edge noise contributes significantly to the total helicopter noise spectrum at high frequencies. This noise mechanism is expected to control the minimum rotor noise. In the case of noise radiation from a local blade segment, the acoustic directivity pattern is predicted by the first principles trailing edge noise theory. Acoustic spectra are predicted by a scaling law which includes Mach number, boundary layer thickness and observer position. Spectrum shape and sound pressure level are also predicted by the first principles theory but the analysis does not predict the Strouhal value identifying the spectrum peak.

  7. Thermodynamic restrictions on the constitutive equations of electromagnetic theory

    NASA Technical Reports Server (NTRS)

    Coleman, B. D.; Dill, E. H.

    1971-01-01

    Thermodynamics second law restrictions on constitutive equations of electromagnetic theory for nonlinear materials with long-range gradually fading memory, considering dissipation principle consequences

  8. International Federation of Red Cross and Red Crescent Societies

    MedlinePlus

    ... Migration Risk reduction Shelter Recovery Capacity building Promoting principles and values Disaster and crisis management Disaster law Humanitarian logistics Volunteers Community engagement Youth ...

  9. An understanding of human dynamics in urban subway traffic from the Maximum Entropy Principle

    NASA Astrophysics Data System (ADS)

    Yong, Nuo; Ni, Shunjiang; Shen, Shifei; Ji, Xuewei

    2016-08-01

    We studied the distribution of entry time interval in Beijing subway traffic by analyzing the smart card transaction data, and then deduced the probability distribution function of entry time interval based on the Maximum Entropy Principle. Both theoretical derivation and data statistics indicated that the entry time interval obeys power-law distribution with an exponential cutoff. In addition, we pointed out the constraint conditions for the distribution form and discussed how the constraints affect the distribution function. It is speculated that for bursts and heavy tails in human dynamics, when the fitted power exponent is less than 1.0, it cannot be a pure power-law distribution, but with an exponential cutoff, which may be ignored in the previous studies.

  10. Principles of physics in surgery: the laws of mechanics and vectors physics for surgeons-part 2.

    PubMed

    Srivastava, Anurag; Sood, Akshay; Joy, Parijat S; Mandal, Shubhyan; Panwar, Rajesh; Ravichandran, Suresh; Sarangi, Sasmit; Woodcock, John

    2010-10-01

    In this sequel, to an earlier article, we discuss the laws of Mechanics, Thermodynamics and Vectors as they apply to soft and bony tissues. These include the Laplace's Law as applied to colonic perforation, compression therapy, parturition, variceal rupture, disc herniations etc. The Pascal's Law finds use in hernia repair and the Heimlich maneuver. Trigonometrically derived components of forces, acting after suturing, show ways to reduce cut-through; the thickness and the bite of suture determines the extent of tissue reaction. The heating effect of current explains the optimum gap between the prongs of a bipolar cautery and the use of law of transfer of heat in determining relation between healthy wound healing and ambient temperature.

  11. DOE Office of Scientific and Technical Information (OSTI.GOV)

    Brizard, Alain J.; Tronci, Cesare

    The variational formulations of guiding-center Vlasov-Maxwell theory based on Lagrange, Euler, and Euler-Poincaré variational principles are presented. Each variational principle yields a different approach to deriving guiding-center polarization and magnetization effects into the guiding-center Maxwell equations. The conservation laws of energy, momentum, and angular momentum are also derived by Noether method, where the guiding-center stress tensor is now shown to be explicitly symmetric.

  12. A New Principle in Physiscs: the Principle "Finiteness", and Some Consequences

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Abraham Sternlieb

    2010-06-25

    In this paper I propose a new principle in physics: the principle of "finiteness". It stems from the definition of physics as a science that deals (among other things) with measurable dimensional physical quantities. Since measurement results, including their errors, are always finite, the principle of finiteness postulates that the mathematical formulation of "legitimate" laws of physics should prevent exactly zero or infinite solutions. Some consequences of the principle of finiteness are discussed, in general, and then more specifically in the fields of special relativity, quantum mechanics, and quantum gravity. The consequences are derived independently of any other theory ormore » principle in physics. I propose "finiteness" as a postulate (like the constancy of the speed of light in vacuum, "c"), as opposed to a notion whose validity has to be corroborated by, or derived theoretically or experimentally from other facts, theories, or principles.« less

  13. Supply-demand balance in outward-directed networks and Kleiber's law

    PubMed Central

    Painter, Page R

    2005-01-01

    Background Recent theories have attempted to derive the value of the exponent α in the allometric formula for scaling of basal metabolic rate from the properties of distribution network models for arteries and capillaries. It has recently been stated that a basic theorem relating the sum of nutrient currents to the specific nutrient uptake rate, together with a relationship claimed to be required in order to match nutrient supply to nutrient demand in 3-dimensional outward-directed networks, leads to Kleiber's law (b = 3/4). Methods The validity of the supply-demand matching principle and the assumptions required to prove the basic theorem are assessed. The supply-demand principle is evaluated by examining the supply term and the demand term in outward-directed lattice models of nutrient and water distribution systems and by applying the principle to fractal-like models of mammalian arterial systems. Results Application of the supply-demand principle to bifurcating fractal-like networks that are outward-directed does not predict 3/4-power scaling, and evaluation of water distribution system models shows that the matching principle does not match supply to demand in such systems. Furthermore, proof of the basic theorem is shown to require that the covariance of nutrient uptake and current path length is 0, an assumption unlikely to be true in mammalian arterial systems. Conclusion The supply-demand matching principle does not lead to a satisfactory explanation for the approximately 3/4-power scaling of mammalian basal metabolic rate. PMID:16283939

  14. Supply-demand balance in outward-directed networks and Kleiber's law.

    PubMed

    Painter, Page R

    2005-11-10

    Recent theories have attempted to derive the value of the exponent alpha in the allometric formula for scaling of basal metabolic rate from the properties of distribution network models for arteries and capillaries. It has recently been stated that a basic theorem relating the sum of nutrient currents to the specific nutrient uptake rate, together with a relationship claimed to be required in order to match nutrient supply to nutrient demand in 3-dimensional outward-directed networks, leads to Kleiber's law (b = 3/4). The validity of the supply-demand matching principle and the assumptions required to prove the basic theorem are assessed. The supply-demand principle is evaluated by examining the supply term and the demand term in outward-directed lattice models of nutrient and water distribution systems and by applying the principle to fractal-like models of mammalian arterial systems. Application of the supply-demand principle to bifurcating fractal-like networks that are outward-directed does not predict 3/4-power scaling, and evaluation of water distribution system models shows that the matching principle does not match supply to demand in such systems. Furthermore, proof of the basic theorem is shown to require that the covariance of nutrient uptake and current path length is 0, an assumption unlikely to be true in mammalian arterial systems. The supply-demand matching principle does not lead to a satisfactory explanation for the approximately 3/4-power scaling of mammalian basal metabolic rate.

  15. The Impact of Human Rights on Universalizing Health Care in Vermont, USA.

    PubMed

    MacNaughton, Gillian; Haigh, Fiona; McGill, Mariah; Koutsioumpas, Konstantinos; Sprague, Courtney

    2015-12-10

    In 2010, Vermont adopted a new law embracing human rights principles as guidelines for health care reform, and in 2011, Vermont was the first state in the US to enact framework legislation to establish a universal health care system for all its residents. This article reports on the Vermont Workers' Center's human rights-based approach to universal health care and the extent to which this approach influenced decision makers. We found the following: (1) by learning about the human right to health care and sharing experiences, Vermonters were motivated to demand universal health care; (2) mobilizing Vermonters around a unified message on the right to health care made universal health care politically important; (3) using the human rights framework to assess new proposals enabled the Vermont Workers' Center to respond quickly to new policy proposals; (4) framing health care as a human right provided an alternative to the dominant economics-based discourse; and (5) while economics continues to dominate discussions among Vermont leaders, both legislative committees on health care use the human rights principles as guiding norms for health care reform. Importantly, the principles have empowered Vermonters by giving them more voice in policymaking and have been internalized by legislators as democratic principles of governance. Copyright © 2015 MacNaughton, Haigh, McGill, Koutsioumpas, Sprague. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  16. Deciding together? Best interests and shared decision-making in paediatric intensive care.

    PubMed

    Birchley, Giles

    2014-09-01

    In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child's best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference to current common law and focusing on intensive care practice, this paper investigates what claims shared decision making may have to legitimacy in a paediatric intensive care setting. Drawing on key texts, I suggest these identify advantages to parents and clinicians but not to the child who is the subject of the decision. Without evidence that shared decision making increases the quality of the decision that is being made, it appears that a focus on the shared nature of a decision does not cohere with the principle that the best interests of the child should remain paramount. In the face of significant pressures toward the displacement of the child's interests in a shared decision, advantages of a shared decision to decisional quality require elucidation. Although a number of arguments of this nature may have potential, should no such advantages be demonstrable we have cause to revise our commitment to either shared decision making or the paramountcy of the child in these circumstances.

  17. Minimization principles for the coupled problem of Darcy-Biot-type fluid transport in porous media linked to phase field modeling of fracture

    NASA Astrophysics Data System (ADS)

    Miehe, Christian; Mauthe, Steffen; Teichtmeister, Stephan

    2015-09-01

    This work develops new minimization and saddle point principles for the coupled problem of Darcy-Biot-type fluid transport in porous media at fracture. It shows that the quasi-static problem of elastically deforming, fluid-saturated porous media is related to a minimization principle for the evolution problem. This two-field principle determines the rate of deformation and the fluid mass flux vector. It provides a canonically compact model structure, where the stress equilibrium and the inverse Darcy's law appear as the Euler equations of a variational statement. A Legendre transformation of the dissipation potential relates the minimization principle to a characteristic three field saddle point principle, whose Euler equations determine the evolutions of deformation and fluid content as well as Darcy's law. A further geometric assumption results in modified variational principles for a simplified theory, where the fluid content is linked to the volumetric deformation. The existence of these variational principles underlines inherent symmetries of Darcy-Biot theories of porous media. This can be exploited in the numerical implementation by the construction of time- and space-discrete variational principles, which fully determine the update problems of typical time stepping schemes. Here, the proposed minimization principle for the coupled problem is advantageous with regard to a new unconstrained stable finite element design, while space discretizations of the saddle point principles are constrained by the LBB condition. The variational principles developed provide the most fundamental approach to the discretization of nonlinear fluid-structure interactions, showing symmetric systems in algebraic update procedures. They also provide an excellent starting point for extensions towards more complex problems. This is demonstrated by developing a minimization principle for a phase field description of fracture in fluid-saturated porous media. It is designed for an incorporation of alternative crack driving forces, such as a convenient criterion in terms of the effective stress. The proposed setting provides a modeling framework for the analysis of complex problems such as hydraulic fracture. This is demonstrated by a spectrum of model simulations.

  18. 77 FR 4854 - Agency Information Collection Activities: Proposed Request and Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-31

    ... spousal applicant if the applicant claims a common-law marriage to the insured in a state in which such marriages are recognized, and no formal marriage documentation exists. SSA uses information we collect on... common-law marriage under state law. The respondents are applicants for spouse's Social Security benefits...

  19. The A to Z of healthcare data breaches.

    PubMed

    Kobus, Theodore J

    2012-01-01

    There currently exists a myriad of privacy laws that impact a healthcare entity, including more than 47 notification laws that require notification when a data breach occurs, as well as the breach notification requirements of the Health Information Technology for Economic and Clinical Health Act. Given the plethora of issues a healthcare entity faces, there are certain principles that can be built into an organization's philosophy that will comply with the law and help protect it from reputational harm. © 2012 American Society for Healthcare Risk Management of the American Hospital Association.

  20. The boundary of a boundary principle in field theories and the issue of austerity of the laws of physics

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Kheyfets, A.; Miller, W.A.

    The boundary of a boundary principle has been suggested by J. A. Wheeler as a realization of the austerity idea in field theories. This principle is described in three basic field theories---electrodynamics, Yang--Mills theory, and general relativity. It is demonstrated that it supplies a unified geometric interpretation of the source current in each of the three theories in terms of a generalized E. Cartan moment of rotation. The extent to which the boundary of a boundary principle represents the austerity principle is discussed. It is concluded that it works in a way analogous to thermodynamic relations and it is arguedmore » that deeper principles might be needed to comprehend the nature of austerity.« less

  1. CCUS Policy: an Argument for the Implementation of the Precautionary Principle

    NASA Astrophysics Data System (ADS)

    Augustin, C. M.; Broad, K.; Swart, P. K.

    2013-12-01

    Too often in crafting national energy and environmental policy, US lawmakers follow the reactionary rather than precautionary principle. This 'wait and see' approach encourages a state of deregulation that inhibits widespread commercial adoption of new technologies because it provides no framework for those technologies to operate within. [1] Reactionary policy encourages risk taking that can only be curbed once incontrovertible evidence of harm has been presented. [2] Despite the fact that private and public entities have embraced carbon capture, utilization, and storage (CCUS) the implementation of the technology raises serious concerns problems that have been largely ignored. Notably, the United States is guided by the reactionary principle with respect to CCUS legislation. The US lacks a clear accounting not only of what happens to injected carbon dioxide, but it also does not have clear of legal guidelines covering other CCUS issues such as subsurface ownership or environmental remediation. Absent a comprehensive suite of CCUS regulation, states are forced to self-regulate, setting the stage for significant transboundary conflict in the event of leakage. This is not an unknown issue, in fact the 2005 IPCC report on CCUS identified as primary research concerns 1) the lack of clear regulatory framework, 2) the lack of probabilistic methods for risk analysis and 3) lack of understanding of potential leakages. Answers to these three concerns were described as essential for CCUS deployment. In the seven years since the IPCC report was published, there has been an exponential rise in industry and government managed injection sites, with no corresponding rise in research-based law. The result of this imbalance is that law is proposed and interpreted at all levels, from the local to federal to international, leading to overlapping and conflicting regulatory regimes. This has led to a near-universal reluctance to invest in the technology, and an assumption that CCUS will never reach attractive economies of scale. A national law based on the precautionary principle is essential if CCUS is going to be commercially deployed. [3] This paper seeks to identify and quantify the probabilities of different risk scenarios, and propose a set laws based on the precautionary, rather than reactionary principle using data from multiple case studies that has been interrogated with a combination of geochemical, geophysical, and statistical modeling. 1. Kriebel, D. The reactionary principle: inaction for public health. Occup Environ Med. 2007 September; 64(9): 573-574. doi: 10.1136/oem.2006.031864 2. Kriebel, D. et al The precautionary principle in environmental science. Environ Health Perspect. 2001 September; 109(9): 871-876. 3. Keith, D.W. and M. Wilson, 'Developing Recommendations for the Management of Geologic Storage of CO2 in Canada.' 2002, Prepared for Environment Canada. p. 31.

  2. Why common carrier and network neutrality principles apply to the Nationwide Health Information Network (NWHIN).

    PubMed

    Gaynor, Mark; Lenert, Leslie; Wilson, Kristin D; Bradner, Scott

    2014-01-01

    The Office of the National Coordinator will be defining the architecture of the Nationwide Health Information Network (NWHIN) together with the proposed HealtheWay public/private partnership as a development and funding strategy. There are a number of open questions--for example, what is the best way to realize the benefits of health information exchange? How valuable are regional health information organizations in comparison with a more direct approach? What is the role of the carriers in delivering this service? The NWHIN is to exist for the public good, and thus shares many traits of the common law notion of 'common carriage' or 'public calling,' the modern term for which is network neutrality. Recent policy debates in Congress and resulting potential regulation have implications for key stakeholders within healthcare that use or provide services, and for those who exchange information. To date, there has been little policy debate or discussion about the implications of a neutral NWHIN. This paper frames the discussion for future policy debate in healthcare by providing a brief education and summary of the modern version of common carriage, of the key stakeholder positions in healthcare, and of the potential implications of the network neutrality debate within healthcare.

  3. Why common carrier and network neutrality principles apply to the Nationwide Health Information Network (NWHIN)

    PubMed Central

    Gaynor, Mark; Lenert, Leslie; Wilson, Kristin D; Bradner, Scott

    2014-01-01

    The Office of the National Coordinator will be defining the architecture of the Nationwide Health Information Network (NWHIN) together with the proposed HealtheWay public/private partnership as a development and funding strategy. There are a number of open questions—for example, what is the best way to realize the benefits of health information exchange? How valuable are regional health information organizations in comparison with a more direct approach? What is the role of the carriers in delivering this service? The NWHIN is to exist for the public good, and thus shares many traits of the common law notion of ‘common carriage’ or ‘public calling,’ the modern term for which is network neutrality. Recent policy debates in Congress and resulting potential regulation have implications for key stakeholders within healthcare that use or provide services, and for those who exchange information. To date, there has been little policy debate or discussion about the implications of a neutral NWHIN. This paper frames the discussion for future policy debate in healthcare by providing a brief education and summary of the modern version of common carriage, of the key stakeholder positions in healthcare, and of the potential implications of the network neutrality debate within healthcare. PMID:23837992

  4. The Louisiana State University Law Center's Bijural Program.

    ERIC Educational Resources Information Center

    Costonis, John J.

    2002-01-01

    Describes the bijural program of Louisiana State University Law Center. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  5. Elder Brother, the Law of the People, and Contemporary Kinship Practices of Cowessess First Nation Members: Reconceptualizing Kinship in American Indian Studies Research

    ERIC Educational Resources Information Center

    Innes, Robert Alexander

    2010-01-01

    In this study, the author focuses on how Cowessess First Nation band members have constructed their identities over time, and the link between their identities and notions of kinship. Specifically, the author examines how Cowessess band members' continued adherence to principles of traditional law regulating kinship has undermined the imposition…

  6. From Newton's Second Law to Huygens's Principle: Visualizing Waves in a Large Array of Masses Joined by Springs

    ERIC Educational Resources Information Center

    Dolinko, A. E.

    2009-01-01

    By simulating the dynamics of a bidimensional array of springs and masses, the propagation of conveniently generated waves is visualized. The simulation is exclusively based on Newton's second law and was made to provide insight into the physics of wave propagation. By controlling parameters such as the magnitude of the mass and the elastic…

  7. Infection-control basics. A common sense review for EMS personnel.

    PubMed

    West, Katherine

    2002-05-01

    Infection-control principles and practices based on science and common sense have been around for thousands of years. They've proven effective. If you know how a disease is transmitted, then you'll know what PPE to use to block transmission. Viruses don't multiply or survive for long outside a living host, so they may be present on a given surface, but in low numbers--and most often not numbers large enough to cause infection. However, hepatitis B virus can survive up to seven days in the presence of dried blood; that's why contaminated equipment must be cleaned as soon as possible after use. If it's not possible to use PPE in a given situation or it fails, then post-exposure medical follow-up and treatment can protect you. Ensuring there's an effective communication network in place for reporting an exposure to your DO is essential. Your agency should verify that hospitals are aware of their responsibilities under the Ryan White Law to share patient testing information if an exposure event occurs. The DO's role includes working with hospitals to provide proper medical follow-up, rapid patient testing and counseling for the exposed provider. Your DO is your advocate. Each and every component of your department's exposure control plan assists in reducing the risk for acquiring an infection on the job. Risk reduction and risk management are both vital. Ultimately, the responsibility lies with you--the provider--to know infection-control principles and practice good habits.

  8. Physics of mind: Experimental confirmations of theoretical predictions.

    PubMed

    Schoeller, Félix; Perlovsky, Leonid; Arseniev, Dmitry

    2018-02-02

    What is common among Newtonian mechanics, statistical physics, thermodynamics, quantum physics, the theory of relativity, astrophysics and the theory of superstrings? All these areas of physics have in common a methodology, which is discussed in the first few lines of the review. Is a physics of the mind possible? Is it possible to describe how a mind adapts in real time to changes in the physical world through a theory based on a few basic laws? From perception and elementary cognition to emotions and abstract ideas allowing high-level cognition and executive functioning, at nearly all levels of study, the mind shows variability and uncertainties. Is it possible to turn psychology and neuroscience into so-called "hard" sciences? This review discusses several established first principles for the description of mind and their mathematical formulations. A mathematical model of mind is derived from these principles. This model includes mechanisms of instincts, emotions, behavior, cognition, concepts, language, intuitions, and imagination. We clarify fundamental notions such as the opposition between the conscious and the unconscious, the knowledge instinct and aesthetic emotions, as well as humans' universal abilities for symbols and meaning. In particular, the review discusses in length evolutionary and cognitive functions of aesthetic emotions and musical emotions. Several theoretical predictions are derived from the model, some of which have been experimentally confirmed. These empirical results are summarized and we introduce new theoretical developments. Several unsolved theoretical problems are proposed, as well as new experimental challenges for future research. Copyright © 2017. Published by Elsevier B.V.

  9. Fractal landscapes in biological systems: long-range correlations in DNA and interbeat heart intervals

    NASA Technical Reports Server (NTRS)

    Stanley, H. E.; Buldyrev, S. V.; Goldberger, A. L.; Hausdorff, J. M.; Havlin, S.; Mietus, J.; Sciortino, F.; Simons, M.

    1992-01-01

    Here we discuss recent advances in applying ideas of fractals and disordered systems to two topics of biological interest, both topics having common the appearance of scale-free phenomena, i.e., correlations that have no characteristic length scale, typically exhibited by physical systems near a critical point and dynamical systems far from equilibrium. (i) DNA nucleotide sequences have traditionally been analyzed using models which incorporate the possibility of short-range nucleotide correlations. We found, instead, a remarkably long-range power law correlation. We found such long-range correlations in intron-containing genes and in non-transcribed regulatory DNA sequences as well as intragenomic DNA, but not in cDNA sequences or intron-less genes. We also found that the myosin heavy chain family gene evolution increases the fractal complexity of the DNA landscapes, consistent with the intron-late hypothesis of gene evolution. (ii) The healthy heartbeat is traditionally thought to be regulated according to the classical principle of homeostasis, whereby physiologic systems operate to reduce variability and achieve an equilibrium-like state. We found, however, that under normal conditions, beat-to-beat fluctuations in heart rate display long-range power law correlations.

  10. Gamma-Ray Burst Afterglows as Probes of Environment and Blastwave Physics. 1; Absorption by Host Galaxy Gas and Dust

    NASA Technical Reports Server (NTRS)

    Starling, R. L. C.; Wijers, R. A. M. J.; Wiersema, K.; Rol, E.; Curran, P. A.; Kouveliotou, C.; vanderHorst, A. J.; Heemskerk, M. H. M.

    2006-01-01

    We use a new approach to obtain limits on the absorbing columns towards an initial sample of 10 long Gamma-Ray Bursts observed with BeppoSAX and selected on the basis of their good optical and nIR coverage, from simultaneous fits to nIR, optical and X-ray afterglow data, in count space and including the effects of metallicity. In no cases is a MIV-like ext,inction preferred, when testing MW, LMC and SMC extinction laws. The 2175A bump would in principle be detectable in all these afterglows, but is not present in the data. An SMC-like gas-to-dust ratio or lower value can be ruled out for 4 of the hosts analysed here (assuming Sh4C metallicity and extinction law) whilst the remainder of the sample have too large an error to discriminate. We provide a more accurate estimate of the line-of-sight extinction and improve upon the uncertainties for the majority of the extinction measurements made in previous studies of this sample. We discuss this method to determine extinction values in comparison with the most commonly employed existing methods.

  11. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    ERIC Educational Resources Information Center

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  12. Many-Worlds Interpretation of Quantum Theory and Mesoscopic Anthropic Principle

    NASA Astrophysics Data System (ADS)

    Kamenshchik, A. Yu.; Teryaev, O. V.

    2008-10-01

    We suggest to combine the Anthropic Principle with Many-Worlds Interpretation of Quantum Theory. Realizing the multiplicity of worlds it provides an opportunity of explanation of some important events which are assumed to be extremely improbable. The Mesoscopic Anthropic Principle suggested here is aimed to explain appearance of such events which are necessary for emergence of Life and Mind. It is complementary to Cosmological Anthropic Principle explaining the fine tuning of fundamental constants. We briefly discuss various possible applications of Mesoscopic Anthropic Principle including the Solar Eclipses and assembling of complex molecules. Besides, we address the problem of Time's Arrow in the framework of Many-World Interpretation. We suggest the recipe for disentangling of quantities defined by fundamental physical laws and by an anthropic selection.

  13. 20 CFR 725.605 - Defaults.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... supplementary order is in accordance with law. Review of the judgment may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing...

  14. 20 CFR 725.605 - Defaults.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... supplementary order is in accordance with law. Review of the judgment may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing...

  15. 20 CFR 725.605 - Defaults.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... supplementary order is in accordance with law. Review of the judgment may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing...

  16. 20 CFR 725.605 - Defaults.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... supplementary order is in accordance with law. Review of the judgment may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing...

  17. 20 CFR 725.605 - Defaults.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... supplementary order is in accordance with law. Review of the judgment may be had as in civil suits for damages at common law. Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing...

  18. Student Rights in the U.S. and Civil Law Nations.

    ERIC Educational Resources Information Center

    Lynch, Patrick D.

    A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

  19. How can the criminal law support the provision of quality in healthcare?

    PubMed

    Yeung, Karen; Horder, Jeremy

    2014-06-01

    The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. The criminal law has an important role to play in the healthcare context. Its central function is not primarily to deter and coerce people into complying with standards of behaviour deemed desirable. Rather, its central function lies in its symbolic and expressive significance, publicly proclaiming that the highly culpable mistreatment of others is wrongful and worthy of public censure and sanction. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  20. The problem of 'thick in status, thin in content' in Beauchamp and Childress' principlism.

    PubMed

    Lee, Marvin J H

    2010-09-01

    For many, Thomas Beauchamp and James Childress have elaborated moral reasoning by using the four principles whereby all substantive problems of medical ethics (and of ethics more generally) can be properly analysed and cogent philosophical solutions for the problems can be found. It seems that their 'principlism' gets updated, with better features being added during the course of the six editions of Principles of Biomedical Ethics. Nonetheless, Beauchamp and Childress seem to have been losing their way when it comes to the common-morality justification, which is the epistemological (and perhaps metaphysical) backbone of their method, and this is shown more vividly in their most recent (2009) edition of Principles of Biomedical Ethics. The author points out what he calls the problem of 'thick in status, thin in content' in principlism. The problem exists because principlism cannot adequately explain how the prescriptive sense of common morality it supports is consistent with the existence of what Beauchamp and Childress call the 'legitimate moral diversity in the world'. Because of this problem, first, the practical end that principlism allegedly accomplishes (ie, providing practical moral guidelines in a relatively 'thick' content, based on common morality) is frustrated, and, second, principlism makes itself the method of common morality de jure and of moral pluralism de facto.

  1. [Nullification appeal presented by the Dutch Kingdom against the Directive 98/44 on the legal protection of biotechnological inventions].

    PubMed

    Fernando Magarzo, M R

    2000-01-01

    The author studies the Appeal of revocation by the Kingdom of Holland against the Directive 98/44 concerning the juridical protection of biotechnological inventions. The main reasons of the Appeal are: the election of a mistaken juridical base; the infraction of the principle of subordination; the violation of the principle of juridical security; the non-fulfillment of the obligations of the International Law; the violation of the fundamental rights; and the infraction of the principle of collegiality.

  2. Action principle for Coulomb collisions in plasmas

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Hirvijoki, Eero

    In this study, an action principle for Coulomb collisions in plasmas is proposed. Although no natural Lagrangian exists for the Landau-Fokker-Planck equation, an Eulerian variational formulation is found considering the system of partial differential equations that couple the distribution function and the Rosenbluth-MacDonald-Judd potentials. Conservation laws are derived after generalizing the energy-momentum stress tensor for second order Lagrangians and, in the case of a test-particle population in a given plasma background, the action principle is shown to correspond to the Langevin equation for individual particles.

  3. [Can the cannabis-prohibition be supported by medical evidence ?

    PubMed

    Zullino, Daniele; Thorens, Gabriel; Ferreira, Pedro; Rudolf, Aron; Wiesbeck, Gerhard; Cattacin, Sandro

    2018-06-06

    Currently, important issues around laws on regulation of cannabis use lead to reflect on the prohibition, which is still in force in most countries. The present article attempts to demonstrate by explaining the concepts of the principle of harm, legal paternalism and the precautionary principle that prohibition of cannabis cannot be justified medically. One of the main elements highlighted is that the prohibition does not allow to avoid the consumption and the damages due to cannabis use and that these principles (people should restrain from using cannabis) cannot be applied.

  4. Action principle for Coulomb collisions in plasmas

    DOE PAGES

    Hirvijoki, Eero

    2016-09-14

    In this study, an action principle for Coulomb collisions in plasmas is proposed. Although no natural Lagrangian exists for the Landau-Fokker-Planck equation, an Eulerian variational formulation is found considering the system of partial differential equations that couple the distribution function and the Rosenbluth-MacDonald-Judd potentials. Conservation laws are derived after generalizing the energy-momentum stress tensor for second order Lagrangians and, in the case of a test-particle population in a given plasma background, the action principle is shown to correspond to the Langevin equation for individual particles.

  5. Finite Volume Methods: Foundation and Analysis

    NASA Technical Reports Server (NTRS)

    Barth, Timothy; Ohlberger, Mario

    2003-01-01

    Finite volume methods are a class of discretization schemes that have proven highly successful in approximating the solution of a wide variety of conservation law systems. They are extensively used in fluid mechanics, porous media flow, meteorology, electromagnetics, models of biological processes, semi-conductor device simulation and many other engineering areas governed by conservative systems that can be written in integral control volume form. This article reviews elements of the foundation and analysis of modern finite volume methods. The primary advantages of these methods are numerical robustness through the obtention of discrete maximum (minimum) principles, applicability on very general unstructured meshes, and the intrinsic local conservation properties of the resulting schemes. Throughout this article, specific attention is given to scalar nonlinear hyperbolic conservation laws and the development of high order accurate schemes for discretizing them. A key tool in the design and analysis of finite volume schemes suitable for non-oscillatory discontinuity capturing is discrete maximum principle analysis. A number of building blocks used in the development of numerical schemes possessing local discrete maximum principles are reviewed in one and several space dimensions, e.g. monotone fluxes, E-fluxes, TVD discretization, non-oscillatory reconstruction, slope limiters, positive coefficient schemes, etc. When available, theoretical results concerning a priori and a posteriori error estimates are given. Further advanced topics are then considered such as high order time integration, discretization of diffusion terms and the extension to systems of nonlinear conservation laws.

  6. Bioethics, biolaw, (bio)constitutional interpretation and biopatents under the light of Brazilian law.

    PubMed

    Myszczuk, Ana Paula; de Meirelles, Jussara Maria Leal

    2010-01-01

    The article briefly analyzes the concepts of the Bioethics, the Biolaw, the Bio-Constitution and the Biopatent. In order to do so, we will check some principles of the Bioethics, the newly added term the Biolaw, the concept of the Bio-Constitution or the Constitutional Biolaw, all used as means to solve conflicts of bio-juridical norms. Besides it formulates some questions about biopatents. It is here understood that the 1988 Brazilian Federal Constitution chose the human dignity principle as the core to be used in any Biomedicine related matter and this Law acts to bring some tools into a bio-constitutional interpretation. Among those tools are the fundamental rights and the protection of the environment. Some juridical limits to the private appropriation of the human genome, via patenting, are examined. The article considers the requirements imposed by the Law Act no 9279/96 (novelty, invention and industrial use), as well as some Brazilian constitutional dispositions concerning biopatents. In the conclusion, we argue that the Bioethics and the Biolaw principles are valuable instruments to support juridical decisions and to guide the establishment of possible limits on the use and/or development of the Biomedicine. Consequently when interpreting a concrete case, besides having a multidisciplinary analysis, we have refreshed classic juridical concepts. This is achieved by rethinking juridical fundamentals and opening up the space for the conceptualization of a Bio-Constitution interpretation.

  7. Water Resources Council Proposed Principles and Standards for Planning Water and Related Land Resources. Notice of Public Review and Hearing.

    ERIC Educational Resources Information Center

    National Archives and Records Services (GSA), Washington, DC. Office of the Federal Register.

    Presented in this notice of a public review and hearing are the proposed Principles and Standards for planning water and related land resources of the United States. Developed by the Water Resources Council pursuant to the Water Resources Planning Act of 1965 (Public Law 89-80), the purpose is to achieve objectives, determined cooperatively,…

  8. 42 CFR 137.167 - What cost principles must a Self-Governance Tribe follow when participating in self-governance...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES TRIBAL SELF-GOVERNANCE Operational Provisions Audits and Cost Principles § 137.167 What... modified by: (a) Section 106 (k) of the Act [25 U.S.C. 450j-1], (b) Other provisions of law, or (c) Any...

  9. The bioethics and law paradox: an argument to maintain separateness with a hint of togetherness.

    PubMed

    Werren, Julia

    2007-10-01

    This article analyses how bioethics and law interact and work together. The first half of the article provides definitions of both ethics and bioethics. The article then considers a number of different bioethical standpoints to demonstrate the variance of views in relation to bioethics. In addition, the first half of the article focuses on the different regulatory possibilities in regard to bioethical contexts. This demonstrates that law is of central importance to bioethics. This part also shows that even though law and ethics are often used simultaneously to achieve bioethical goals, law and ethics cannot be used interchangeably. Thus, even though it is somewhat inevitable that law will be used in the pursuit of the goals of bioethics, bioethics and bioethical principle should not be merely a vehicle for law-makers to utilise. The second half of the article focuses on the issues of autonomy and consent to demonstrate how law and ethics have developed in one of the foundation areas of bioethics.

  10. The modernization of American public law: health care reform and popular constitutionalism.

    PubMed

    Super, David A

    2014-04-01

    The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

  11. [Changes in clinical standards and the need for adjusting legal standards of care from the point of view of civil law].

    PubMed

    Rosenberger, Rainer

    2007-01-01

    The legal standard of medical care is laid down in Sect. 276 of the German Civil Code (principle of due diligence). It applies to both contractual and tortious liability and likewise to the treatment of patients insured under the statutory health insurance scheme and self-payers. The legal standard of care conforms to the clinical standards because medical liability means medical professional liability. Liability law does not distinguish between different standards of care in the treatment of patients insured under the statutory health insurance scheme on the one hand and privately insured patients on the other. Changes in clinical standards immediately affect liability law without the need for formal adaptation of the legal standard of care. Liability law cannot claim more diligence than that owed from a medical point of view. Legislative changes that result in a lowering of medical standards (reduction in the quality of treatment) will have to be accepted by liability law, even if these are regulations pertaining to Social Law (SGB V, Book 5 of the German Social Code). In this respect, the principle of legal unity applies. In consideration of this kind of changes the due diligence requirements for the treatment of patients insured under the statutory health insurance scheme and privately insured patients remain basically equal. If these changes lead to an increase of risk for the patient, the resulting liabilities are not to be attributed to the therapist. What remains to be seen is whether there will be an increased attempt to minimise risk by "additionally purchasing health care services".

  12. Flow and pressure regulation in the cardiovascular system. [engineering systems model

    NASA Technical Reports Server (NTRS)

    Iberall, A.

    1974-01-01

    Principles and descriptive fragments which may contribute to a model of the regulating chains in the cardiovascular system are presented. Attention is given to the strain sensitivity of blood vessels, the law of the autonomy of the heart beat oscillator, the law of the encapsulation of body fluids, the law of the conservation of protein, the law of minimum 'arterial' pressure, the design of the 'mammalian' kidney, questions of homeokinetic organization, and the development of self-regulatory chains. Details concerning the development program for the heart muscle are considered along with the speed of response of the breathing rate and the significance of the pulmonary vascular pressure-flow characteristics.

  13. Existence of dark matter with observed properties of cosmic microwave background radiation substantiates three conservation laws of classical physics and all principles of quantum mechanics as creates the value of Planck’s constant

    NASA Astrophysics Data System (ADS)

    Boriev, I. A.

    2018-03-01

    Astronomical data indicate a presence of dark matter (DM) in the space, what is necessary for explanation of observed dynamics of the galaxies within Newtonian mechanics. DM, at its very low density (∼10-26kg/m3), constitutes main part of the matter in the Universe, 10 times the mass of all visible cosmic bodies. No doubt, namely properties of DM, which fills space, must determine its physical properties and fundamental physical laws. Taking into account observed properties of cosmic microwave background radiation (CMBR), whose energy is ∼90% of all cosmic radiation, and understanding that this radiation is produced by DM motion, conservation laws of classical physics and principles of quantum mechanics receive their materialistic substantiation. Thus, CMBR high homogeneity and isotropy (∼10-4), and hence the same properties of DM (and space) justify momentum and angular momentum conservation laws, respectively, according to E. Noether's theorems. CMBR has black body spectrum at ∼2.7K with maximum wavelength ∼1.9·10-3m, what allows calculate the value of mechanical action produced by DM thermal motion (∼7·10-34 J·s). This value corresponds well to the Planck’s constant, which is the mechanical action too, what gives materialistic basis for all principles of quantum mechanics. Obtained results directly confirm the reality of DM existence, and show that CMBR is an observed display of DM thermal motion. Understanding that namely from DM occur known creation of electron-positron pairs as contrarily rotating material vortexes (according to their spins) let substantiate positron nature of ball lightning what first explains all its observed specific properties.

  14. "Bessie done cut her old man": race, common-law marriage, and homicide in New Orleans, 1925-1945.

    PubMed

    Adler, Jeffrey S

    2010-01-01

    This essay examines domestic homicide in early twentieth-century New Orleans. African-American residents killed their domestic partners at eight times the rate of white New Orleanians, and these homicides were most often committed by women, who killed their partners at fifteen times the rate of white women. Common-law marriages proved to be especially violent among African-American residents. Based on nearly two hundred cases identified in police records and other sources as partner killings between 1925 and 1945, this analysis compares lethal violence in legal marriages and in common-law unions. It also explores the social and institutional forces that buffeted common-law marriages, making this the most violent domestic arrangement and contributing to the remarkably high rate of spousal homicide by African-American women in early twentieth-century New Orleans.

  15. Towards Establishing Fiscal Legitimacy Through Settled Fiscal Principles in Global Health Financing.

    PubMed

    Waris, Attiya; Latif, Laila Abdul

    2015-12-01

    Scholarship on international health law is currently pushing the boundaries while taking stock of achievements made over the past few decades. However despite the forward thinking approach of scholars working in the field of global health one area remains a stumbling block in the path to achieving the right to health universally: the financing of heath. This paper uses the book Global Health Law by Larry Gostin to reflect and take stock of the fiscal support provided to the right to health from both a global and an African perspective. It then sets out the key fiscal challenges facing global and African health and proposes an innovative solution for consideration: use of the domestic principles of tax to design the global health financing system.

  16. Rockets: Physical science teacher's guide with activities

    NASA Astrophysics Data System (ADS)

    Vogt, Gregory L.; Rosenberg, Carla R.

    1993-07-01

    This guide begins with background information sections on the history of rocketry, scientific principles, and practical rocketry. The sections on scientific principles and practical rocketry are based on Isaac Newton's three laws of motion. These laws explain why rockets work and how to make them more efficient. The background sections are followed with a series of physical science activities that demonstrate the basic science of rocketry. Each activity is designed to be simple and take advantage of inexpensive materials. Construction diagrams, materials and tools lists, and instructions are included. A brief discussion elaborates on the concepts covered in the activities and is followed with teaching notes and discussion questions. The guide concludes with a glossary of terms, suggested reading list, NASA educational resources, and an evaluation questionnaire with a mailer.

  17. Rockets: Physical science teacher's guide with activities

    NASA Technical Reports Server (NTRS)

    Vogt, Gregory L.; Rosenberg, Carla R. (Editor)

    1993-01-01

    This guide begins with background information sections on the history of rocketry, scientific principles, and practical rocketry. The sections on scientific principles and practical rocketry are based on Isaac Newton's three laws of motion. These laws explain why rockets work and how to make them more efficient. The background sections are followed with a series of physical science activities that demonstrate the basic science of rocketry. Each activity is designed to be simple and take advantage of inexpensive materials. Construction diagrams, materials and tools lists, and instructions are included. A brief discussion elaborates on the concepts covered in the activities and is followed with teaching notes and discussion questions. The guide concludes with a glossary of terms, suggested reading list, NASA educational resources, and an evaluation questionnaire with a mailer.

  18. The role of biomechanics in maximising distance and accuracy of golf shots.

    PubMed

    Hume, Patria A; Keogh, Justin; Reid, Duncan

    2005-01-01

    Golf biomechanics applies the principles and technique of mechanics to the structure and function of the golfer in an effort to improve golf technique and performance. A common recommendation for technical correction is maintaining a single fixed centre hub of rotation with a two-lever one-hinge moment arm to impart force on the ball. The primary and secondary spinal angles are important for conservation of angular momentum using the kinetic link principle to generate high club-head velocity. When the golfer wants to maximise the distance of their drives, relatively large ground reaction forces (GRF) need to be produced. However, during the backswing, a greater proportion of the GRF will be observed on the back foot, with transfer of the GRF on to the front foot during the downswing/acceleration phase. Rapidly stretching hip, trunk and upper limb muscles during the backswing, maximising the X-factor early in the downswing, and uncocking the wrists when the lead arm is about 30 degrees below the horizontal will take advantage of the summation of force principle. This will help generate large angular velocity of the club head, and ultimately ball displacement. Physical conditioning will help to recruit the muscles in the correct sequence and to optimum effect. To maximise the accuracy of chipping and putting shots, the golfer should produce a lower grip on the club and a slower/shorter backswing. Consistent patterns of shoulder and wrist movements and temporal patterning result in successful chip shots. Qualitative and quantitative methods are used to biomechanically assess golf techniques. Two- and three-dimensional videography, force plate analysis and electromyography techniques have been employed. The common golf biomechanics principles necessary to understand golf technique are stability, Newton's laws of motion (inertia, acceleration, action reaction), lever arms, conservation of angular momentum, projectiles, the kinetic link principle and the stretch-shorten cycle. Biomechanics has a role in maximising the distance and accuracy of all golf shots (swing and putting) by providing both qualitative and quantitative evidence of body angles, joint forces and muscle activity patterns. The quantitative biomechanical data needs to be interpreted by the biomechanist and translated into coaching points for golf professionals and coaches. An understanding of correct technique will help the sports medicine practitioner provide sound technical advice and should help reduce the risk of golfing injury.

  19. Concept of dynamic memory in economics

    NASA Astrophysics Data System (ADS)

    Tarasova, Valentina V.; Tarasov, Vasily E.

    2018-02-01

    In this paper we discuss a concept of dynamic memory and an application of fractional calculus to describe the dynamic memory. The concept of memory is considered from the standpoint of economic models in the framework of continuous time approach based on fractional calculus. We also describe some general restrictions that can be imposed on the structure and properties of dynamic memory. These restrictions include the following three principles: (a) the principle of fading memory; (b) the principle of memory homogeneity on time (the principle of non-aging memory); (c) the principle of memory reversibility (the principle of memory recovery). Examples of different memory functions are suggested by using the fractional calculus. To illustrate an application of the concept of dynamic memory in economics we consider a generalization of the Harrod-Domar model, where the power-law memory is taken into account.

  20. Are Farm-to-School Programs More Common in States with Farm-to-School-Related Laws?

    ERIC Educational Resources Information Center

    Schneider, Linda; Chriqui, Jamie; Nicholson, Lisa; Turner, Lindsey; Gourdet, Camille; Chaloupka, Frank

    2012-01-01

    Background: Farm-to-School programs (FTSPs) connect schools with locally grown food. This article examines whether FTSPs are more common in public elementary schools (ESs) in states with a formal, FTSP law or with a related, locally grown procurement law. Methods: A pooled, cross-sectional analysis linked nationally representative samples of 1872…

  1. The province and heritage of mankind reconsidered: A new beginning

    NASA Technical Reports Server (NTRS)

    Gabrynowicz, J. I.

    1992-01-01

    The central problem of our time -- one that is shared by all races and nationalities -- is to discover the things, the qualities, and interest that people have in common so that durable institutions can be designed for mankind's survival. The 'common heritage of mankind' and the 'province of all mankind' are different legal concepts developed in international space law during the last quarter of a century. Since the initial appearance of these provisions, controversy has arisen regarding their intent and meaning as applied to a nation's right to explore and use a common environment such as space or the high seas and a nation's obligation to share benefits derived from those environments with the rest of the world. As can be expected, different interpretations are currently competing for acceptance. This is so, in part, because, in the case of the Outer Space Treaty, although a general principle was articulated, rules for acceptance and application of the principles were not. In the case of the Moon and Sea Treaties, although an effort has been made to clarify both meaning and application, the articulations are still too vague for legal certainty. This paper focuses on the fact that these concepts are already currently available tools for the advancement of both global and U.S. interests but, because of the labyrinthine legal arguments that have been generated and some assumptions being held, they are in danger of being lost as such tools. The tendency of many observers in the U.S. to confuse the concept of 'province of all mankind' and 'common heritage of mankind' and to assume that both are incompatible with U. S. commercial space interests is also addressed. It is suggested that reconsidering these provisions can yield positions compatible with U.S. interests and that it can and should actively seek the use of these provisions as a basis for global cooperation and commercial benefit.

  2. NASA Educational Briefs for the Classroom. Orbits of Bodies in Space

    NASA Technical Reports Server (NTRS)

    1982-01-01

    The difference between an orbit and a revolution is explained and it is shown why space shuttle Columbia's period of revolution was longer than its orbital period. Parameters of orbits examined include apoapsis, periapsis, apogee, perigee, aphelion, perihelion, orbital plane, and inclination. Orbit velocity and duration, Newton's law of gravitation, and Kepler's three laws of motion are considered. The principles involved in geostationary satellites are also explored.

  3. A Comparison between the Knowledge Organization of University Physics Teachers and the Textbooks They Use for Their Teaching Purposes: Biot-Savart Law and Ampère's Law

    ERIC Educational Resources Information Center

    Majidi, Sharareh

    2014-01-01

    Knowledge is not simply a collection of facts, principles, and formulas; instead, meaningful knowledge is organized around core concepts that guide peoples' thinking about a subject. Therefore, knowledge organization is recognized as an important component of understanding learning and teaching. In this research, knowledge organization of two…

  4. [Patents and scientific research: an ethical-legal approach].

    PubMed

    Darío Bergel, Salvador

    2014-01-01

    This article aims to review the relationship between patents and scientific research from an ethical point of view. The recent developments in the law of industrial property led in many cases to patent discoveries, contributions of basic science, and laws of nature. This trend, which denies the central principles of the discipline, creates disturbances in scientific activity, which requires the free movement of knowledge in order to develop their potentialities.

  5. Socratic Method for the Right Reasons and in the Right Way: Lessons from Teaching Legal Analysis beyond the American Law School

    ERIC Educational Resources Information Center

    Szypszak, Charles

    2015-01-01

    Socratic method is associated with law school teaching by which students are asked questions in class that require them to analyze cases and derive legal principles. Despite the method's potential benefits, students usually do not view it as supportive and enriching but rather as a kind of survival ritual. As a pedagogical approach for use in any…

  6. Robust regression on noisy data for fusion scaling laws

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Verdoolaege, Geert, E-mail: geert.verdoolaege@ugent.be; Laboratoire de Physique des Plasmas de l'ERM - Laboratorium voor Plasmafysica van de KMS

    2014-11-15

    We introduce the method of geodesic least squares (GLS) regression for estimating fusion scaling laws. Based on straightforward principles, the method is easily implemented, yet it clearly outperforms established regression techniques, particularly in cases of significant uncertainty on both the response and predictor variables. We apply GLS for estimating the scaling of the L-H power threshold, resulting in estimates for ITER that are somewhat higher than predicted earlier.

  7. 77 FR 70991 - Submission for OMB Review; Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-28

    ... laws and principles underlying the basic problems of agriculture in its broadest aspects, including but... methods of the production, marketing, distribution, processing, and utilization of plant and animal...

  8. 15 CFR 971.700 - General.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... SERVICE DEEP SEABED MINING REGULATIONS FOR COMMERCIAL RECOVERY PERMITS Safety of Life and Property at Sea... conformity with principles of international law, that vessels documented in the United States and used in...

  9. Indoor air quality and the law in Singapore.

    PubMed

    Chan, P

    1999-12-01

    With the greater use of air-conditioned offices in Singapore, achieving good indoor air quality has become an important issue. The laws that impose duties upon designers and contractors with respect to the design and construction of air-conditioning and mechanical ventilation (ACMV) systems are set out in the Building Control Regulations and the Singapore Standard Code of Practice for Mechanical Ventilation and Air-conditioning in Buildings (hereinafter "SS CP 13:1980"). ACMV maintenance is governed by the Environmental Public Health Act, the Building and Common Property (Maintenance and Management) Act, and the Land Titles (Strata) Act, as well as by lease or tenancy agreements. Designers, contractors, developers, building owners and management corporations may also be liable to the workers, occupants and other premises users for indoor air quality (IAQ)-related injuries under the general principles of contract and tort. Recently, the Guidelines for Good Indoor Air Quality in Office Premises was issued by the Ministry of Environment to complement SS CP 13:1980 toward improving the indoor air quality of air-conditioned office premises. Although the Guidelines have no statutory effect, they may be adopted as contractual requirements in construction, lease and maintenance contracts. They may also be used to determine the relevant standard of duty of care required to discharge tortious liability. This paper looks at the existing laws and rules affecting the design, construction and maintenance of air-conditioned offices in light of Part III of the Ministry's Guidelines.

  10. Three Principles of Water Flow in Soils

    NASA Astrophysics Data System (ADS)

    Guo, L.; Lin, H.

    2016-12-01

    Knowledge of water flow in soils is crucial to understanding terrestrial hydrological cycle, surface energy balance, biogeochemical dynamics, ecosystem services, contaminant transport, and many other Critical Zone processes. However, due to the complex and dynamic nature of non-uniform flow, reconstruction and prediction of water flow in natural soils remain challenging. This study synthesizes three principles of water flow in soils that can improve modeling water flow in soils of various complexity. The first principle, known as the Darcy's law, came to light in the 19th century and suggested a linear relationship between water flux density and hydraulic gradient, which was modified by Buckingham for unsaturated soils. Combining mass balance and the Buckingham-Darcy's law, L.A. Richards quantitatively described soil water change with space and time, i.e., Richards equation. The second principle was proposed by L.A. Richards in the 20th century, which described the minimum pressure potential needed to overcome surface tension of fluid and initiate water flow through soil-air interface. This study extends this principle to encompass soil hydrologic phenomena related to varied interfaces and microscopic features and provides a more cohesive explanation of hysteresis, hydrophobicity, and threshold behavior when water moves through layered soils. The third principle is emerging in the 21st century, which highlights the complex and evolving flow networks embedded in heterogeneous soils. This principle is summarized as: Water moves non-uniformly in natural soils with a dual-flow regime, i.e., it follows the least-resistant or preferred paths when "pushed" (e.g., by storms) or "attracted" (e.g., by plants) or "restricted" (e.g., by bedrock), but moves diffusively into the matrix when "relaxed" (e.g., at rest) or "touched" (e.g., adsorption). The first principle is a macroscopic view of steady-state water flow, the second principle is a microscopic view of interface-based dynamics of water flow, and the third principle combines macroscopic and microscopic consideration to explain a mosaic-like flow regime in soils. Integration of above principles can advance flow theory, measurement, and modeling and can improve management of soil and water resources.

  11. Gravitation in material media

    NASA Astrophysics Data System (ADS)

    Ridgely, Charles T.

    2011-03-01

    When two gravitating bodies reside in a material medium, Newton's law of universal gravitation must be modified to account for the presence of the medium. A modified expression of Newton's law is known in the literature, but lacks a clear connection with existing gravitational theory. Newton's law in the presence of a homogeneous material medium is herein derived on the basis of classical, Newtonian gravitational theory and by a general relativistic use of Archimedes' principle. It is envisioned that the techniques presented herein will be most useful to graduate students and those undergraduate students having prior experience with vector analysis and potential theory.

  12. Rehabilitating the regulative use of reason: Kant on empirical and chemical laws.

    PubMed

    McNulty, Michael Bennett

    2015-12-01

    In his Kritik der reinen Vernunft, Kant asserts that laws of nature "carry with them an expression of necessity" (A159/B198). There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry-a science without a clear, straightforward connection to the a priori principles of the understanding-could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws unfortunately fail to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, 'ideational' account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. Copyright © 2015 Elsevier Ltd. All rights reserved.

  13. An Update on Negligence. A Legal Memorandum.

    ERIC Educational Resources Information Center

    Gluckman, Ivan

    This newsletter defines common law negligence, discusses recent trends in common law negligence, cites litigation, and establishes guidelines to assist school administrators in the avoidance of such tort action. The success or failure of a negligence suit most commonly turns on one of three factors: duty, breach of that duty, and proximate cause…

  14. Modeling the Mousetrap Car

    NASA Astrophysics Data System (ADS)

    Jumper, William D.

    2012-03-01

    Many high school and introductory college physics courses make use of mousetrap car projects and competitions as a way of providing an engaging hands-on learning experience incorporating Newton's laws, conversion of potential to kinetic energy, dissipative forces, and rotational mechanics. Presented here is a simple analytical and finite element spreadsheet model for a typical mousetrap car, as shown in Fig. 1. It is hoped that the model will provide students with a tool for designing or modifying the designs of their cars, provide instructors with a means to insure students close the loop between physical principles and an understanding of their car's speed and distance performance, and, third, stimulate in students at an early stage an appreciation for the merits of computer modeling as an aid in understanding and tackling otherwise analytically intractable problems so common in today's professional world.

  15. Some Ethical Legal Issues in Heart Disease Surgery

    PubMed Central

    Lin, Pyng Jing

    2014-01-01

    Ethical concerns, cultural norms, and legal issues must be carefully considered when treating a patient with heart disease. Although physicians or surgeons must play a role in course of treatment decision making, they should be guided by evidence-based data and the preferences of patients and/or the patient’s parents. However, there is no obligation to provide this type of informed consultation and approval unless these ethical issues become law - which typically occurs through litigation. In this review, we examined common ethical principles that are integral to the regular decisions made by clinicians every day. Some special ethical issues and associated litigation, if any, which might occur perioperatively will also be reviewed. Finally, the final judgments of civil and criminal courts of Taiwan, particularly lawsuits involving physicians associated with coronary artery disease care or aortic aneurysm, will also be introduced. PMID:27122831

  16. The European Union's Adequacy Approach to Privacy and International Data Sharing in Health Research.

    PubMed

    Stoddart, Jennifer; Chan, Benny; Joly, Yann

    2016-03-01

    The European Union (EU) approach to data protection consists of assessing the adequacy of the data protection offered by the laws of a particular jurisdiction against a set of principles that includes purpose limitation, transparency, quality, proportionality, security, access, and rectification. The EU's Data Protection Directive sets conditions on the transfer of data to third countries by prohibiting Member States from transferring to such countries as have been deemed inadequate in terms of the data protection regimes. In theory, each jurisdiction is evaluated similarly and must be found fully compliant with the EU's data protection principles to be considered adequate. In practice, the inconsistency with which these evaluations are made presents a hurdle to international data-sharing and makes difficult the integration of different data-sharing approaches; in the 20 years since the Directive was first adopted, the laws of only five countries from outside of the EU, Economic Area, or the European Free Trade Agreement have been deemed adequate to engage in data transfers without the need for further administrative safeguards. © 2016 American Society of Law, Medicine & Ethics.

  17. Do humans and nonhuman animals share the grouping principles of the Iambic - Trochaic Law?

    PubMed Central

    de la Mora, Daniela M.; Nespor, Marina; Toro, Juan M.

    2014-01-01

    The Iambic-Trochaic Law describes humans’ tendency to form trochaic groups over sequences varying in pitch or intensity (i.e., the loudest or highest sound marks group beginnings), and iambic groups over sequences varying in duration (i.e., the longest sound marks group endings). The extent to which these perceptual biases are shared by humans and nonhuman animals is yet unclear. In Experiment 1, we trained rats to discriminate pitch-alternating sequences of tones from sequences randomly varying in pitch. In Experiment 2, rats were trained to discriminate duration-alternating sequences of tones from sequences randomly varying in duration. We found that nonhuman animals group as trochees sequences based on pitch variations, but they do not group as iambs sequences varying in duration. Importantly, humans grouped the same stimuli following the principles of the Iambic-Trochaic Law (Experiment 3). These results suggest an early emergence of the trochaic rhythmic grouping bias based on pitch, possibly relying on perceptual abilities shared by humans and other mammals as well, whereas the iambic rhythmic grouping bias based on duration might depend on language experience. PMID:22956287

  18. Do humans and nonhuman animals share the grouping principles of the iambic-trochaic law?

    PubMed

    de la Mora, Daniela M; Nespor, Marina; Toro, Juan M

    2013-01-01

    The iambic-trochaic law describes humans' tendency to form trochaic groups over sequences varying in pitch or intensity (i.e., the loudest or highest sounds mark group beginnings), and iambic groups over sequences varying in duration (i.e., the longest sounds mark group endings). The extent to which these perceptual biases are shared by humans and nonhuman animals is yet unclear. In Experiment 1, we trained rats to discriminate pitch-alternating sequences of tones from sequences randomly varying in pitch. In Experiment 2, rats were trained to discriminate duration-alternating sequences of tones from sequences randomly varying in duration. We found that nonhuman animals group sequences based on pitch variations as trochees, but they do not group sequences varying in duration as iambs. Importantly, humans grouped the same stimuli following the principles of the iambic-trochaic law (Exp. 3). These results suggest the early emergence of the trochaic rhythmic grouping bias based on pitch, possibly relying on perceptual abilities shared by humans and other mammals, whereas the iambic rhythmic grouping bias based on duration might depend on language experience.

  19. An Analysis of Viable Financial Negotiations Processes and Related Internal Controls for Procurement in Pakistan

    DTIC Science & Technology

    2016-06-01

    regulations are in accordance with UNCITRAL Model Law and are based on principles of “ accountability , transparency, fairness, efficiency and value for... account certain factors about the firm(s) for pre-qualification. These factors include past performance and experience; financial health; managerial...internal control components, along with associated principles , were discussed in detail to develop a suitable internal control system for the financial

  20. Keeping Up With the Drones: Is Just War Theory Obsolete

    DTIC Science & Technology

    2010-04-29

    the laws of armed conflict. For centuries, just war principles have defined how responsible states have agreed to ethically wage war. The manner in...conflict. For centuries, just war principles have defined how responsible states have agreed to ethically wage war. The manner in which unmanned...3 will be morally and ethically waged. Failure to address the gaps this new technology exposes in traditional teachings will have profound

  1. The risks and responsible roles for psychiatrists who interact with the media.

    PubMed

    Cooke, Brian K; Goddard, Emily R; Werner, Tonia L; Cooke, Erinn O; Griffith, Ezra E H

    2014-01-01

    Journalists often turn to psychiatrists for analysis of medical, social, political, and cultural events that involve human behavior and illness. Once journalists seek their expertise, psychiatrists often rush to be helpful, which can lead to ineffective performance and to statements that may run afoul of principles of professional ethics. In this article, we discuss the bases on which the professionalism of psychiatrists may be impugned when they commit errors in their media presentations. Found within the Principles of Medical Ethics with Special Annotations Especially Applicable to Psychiatry, the Goldwater Rule prohibits certain behaviors when psychiatrists share professional opinions with the public. We first discuss the Goldwater Rule, highlighting the events that led to its development and the professional response to its enactment. We then present a method to guide psychiatrists in their interaction with the media that will help them avoid violating ethics principles or the law. The method encourages knowledge of a framework of ethics principles that in turn guide the psychiatrist's behavior and thinking as he contemplates accepting invitations to interact with the media. The ethics-based roles include the Teacher, the Storyteller, the Celebrity Commentator, the Hollywood Consultant, the Clinician, and the Advertiser. © 2014 American Academy of Psychiatry and the Law.

  2. Development of a modified Hess-Murray law for non-Newtonian fluids in bifurcating micro-channels

    NASA Astrophysics Data System (ADS)

    Emerson, David; Barber, Robert

    2012-11-01

    Microfluidic manifolds frequently require the use of bifurcating channels and these can be used to create precise concentration gradients for chemical applications. More recently, novel devices have been attempting to replicate vasculatures or bronchial structures occurring in nature with the goal of creating artificial bifurcations that mimic the basic principles of designs found in nature. In previous work, we have used the biological principles behind the Hess-Murray Law, where bifurcating structures exhibit a constant stress profile and follow a third-power rule, to enable rectangular or trapezoidal micro-channels to be fabricated using conventional lithographic or wet-etching techniques. Using biological principles to design man made devices is generally referred to as biomimetics and this approach has found success in a range of new and emerging topics. However, our previous work was limited to Newtonian flows. More recently, we have used the Rabinovitsch-Mooney equation to be able to extend our analysis to non-Newtonian fluids. This has allowed us to develop a new rule that can provide a design criterion to predict channel dimensions for non-Newtonian flows obeying a constant stress biological principle. The Engineering and Physical Sciences Research Council for support of CCP12 and Programme Grant award (grant number EP/I011927/1).

  3. Theories of Matter, Space and Time; Classical theories

    NASA Astrophysics Data System (ADS)

    Evans, N.; King, S. F.

    2017-12-01

    This book and its sequel ('Theories of Matter Space and Time: Quantum Theories') are taken from third and fourth year undergraduate Physics courses at Southampton University, UK. The aim of both books is to move beyond the initial courses in classical mechanics, special relativity, electromagnetism, and quantum theory to more sophisticated views of these subjects and their interdependence. The goal is to guide undergraduates through some of the trickier areas of theoretical physics with concise analysis while revealing the key elegance of each subject. The first chapter introduces the key areas of the principle of least action, an alternative treatment of Newtownian dynamics, that provides new understanding of conservation laws. In particular, it shows how the formalism evolved from Fermat's principle of least time in optics. The second introduces special relativity leading quickly to the need and form of four-vectors. It develops four-vectors for all kinematic variables and generalize Newton's second law to the relativistic environment; then returns to the principle of least action for a free relativistic particle. The third chapter presents a review of the integral and differential forms of Maxwell's equations before massaging them to four-vector form so that the Lorentz boost properties of electric and magnetic fields are transparent. Again, it then returns to the action principle to formulate minimal substitution for an electrically charged particle.

  4. Can Newton's Third Law Be "Derived" from the Second?

    NASA Astrophysics Data System (ADS)

    Gangopadhyaya, Asim; Harrington, James

    2017-04-01

    Newton's laws have engendered much discussion over several centuries. Today, the internet is awash with a plethora of information on this topic. We find many references to Newton's laws, often discussions of various types of misunderstandings and ways to explain them. Here we present an intriguing example that shows an assumption hidden in Newton's third law that is often overlooked. As is well known, the first law defines an inertial frame of reference and the second law determines the acceleration of a particle in such a frame due to an external force. The third law describes forces exerted on each other in a two-particle system, and allows us to extend the second law to a system of particles. Students are often taught that the three laws are independent. Here we present an example that challenges this assumption. At first glance, it seems to show that, at least for a special case, the third law follows from the second law. However, a careful examination of the assumptions demonstrates that is not quite the case. Ultimately, the example does illustrate the significance of the concept of mass in linking Newton's dynamical principles.

  5. Determination of Alcohol in Breath for Law Enforcement

    ERIC Educational Resources Information Center

    Treptow, Richard S.

    1974-01-01

    Describes the design and use of the dichromate-photometric breath analyzer. The discussion of this instrument provides a vehicle for demonstrating the relevance of chemical principles to everyday life. (GS)

  6. 40 CFR 98.454 - Monitoring and QA/QC requirements.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... using measurements and/or engineering assessments or calculations based on chemical engineering principles or physical or chemical laws or properties. Such assessments or calculations may be based on, as...

  7. 40 CFR 98.454 - Monitoring and QA/QC requirements.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... using measurements and/or engineering assessments or calculations based on chemical engineering principles or physical or chemical laws or properties. Such assessments or calculations may be based on, as...

  8. 40 CFR 98.454 - Monitoring and QA/QC requirements.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... using measurements and/or engineering assessments or calculations based on chemical engineering principles or physical or chemical laws or properties. Such assessments or calculations may be based on, as...

  9. 40 CFR 98.454 - Monitoring and QA/QC requirements.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... using measurements and/or engineering assessments or calculations based on chemical engineering principles or physical or chemical laws or properties. Such assessments or calculations may be based on, as...

  10. Benford’s Law: Textbook Exercises and Multiple-Choice Testbanks

    PubMed Central

    Slepkov, Aaron D.; Ironside, Kevin B.; DiBattista, David

    2015-01-01

    Benford’s Law describes the finding that the distribution of leading (or leftmost) digits of innumerable datasets follows a well-defined logarithmic trend, rather than an intuitive uniformity. In practice this means that the most common leading digit is 1, with an expected frequency of 30.1%, and the least common is 9, with an expected frequency of 4.6%. Currently, the most common application of Benford’s Law is in detecting number invention and tampering such as found in accounting-, tax-, and voter-fraud. We demonstrate that answers to end-of-chapter exercises in physics and chemistry textbooks conform to Benford’s Law. Subsequently, we investigate whether this fact can be used to gain advantage over random guessing in multiple-choice tests, and find that while testbank answers in introductory physics closely conform to Benford’s Law, the testbank is nonetheless secure against such a Benford’s attack for banal reasons. PMID:25689468

  11. Benford's Law: textbook exercises and multiple-choice testbanks.

    PubMed

    Slepkov, Aaron D; Ironside, Kevin B; DiBattista, David

    2015-01-01

    Benford's Law describes the finding that the distribution of leading (or leftmost) digits of innumerable datasets follows a well-defined logarithmic trend, rather than an intuitive uniformity. In practice this means that the most common leading digit is 1, with an expected frequency of 30.1%, and the least common is 9, with an expected frequency of 4.6%. Currently, the most common application of Benford's Law is in detecting number invention and tampering such as found in accounting-, tax-, and voter-fraud. We demonstrate that answers to end-of-chapter exercises in physics and chemistry textbooks conform to Benford's Law. Subsequently, we investigate whether this fact can be used to gain advantage over random guessing in multiple-choice tests, and find that while testbank answers in introductory physics closely conform to Benford's Law, the testbank is nonetheless secure against such a Benford's attack for banal reasons.

  12. A common mode of origin of power laws in models of market and earthquake

    NASA Astrophysics Data System (ADS)

    Bhattacharyya, Pratip; Chatterjee, Arnab; Chakrabarti, Bikas K.

    2007-07-01

    We show that there is a common mode of origin for the power laws observed in two different models: (i) the Pareto law for the distribution of money among the agents with random-saving propensities in an ideal gas-like market model and (ii) the Gutenberg-Richter law for the distribution of overlaps in a fractal-overlap model for earthquakes. We find that the power laws appear as the asymptotic forms of ever-widening log-normal distributions for the agents’ money and the overlap magnitude, respectively. The identification of the generic origin of the power laws helps in better understanding and in developing generalized views of phenomena in such diverse areas as economics and geophysics.

  13. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    NASA Astrophysics Data System (ADS)

    Buschauer, Robert

    2013-12-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

  14. Self-determination vs. family-determination: two incommensurable principles of autonomy: a report from East Asia.

    PubMed

    Fan, Ruiping

    1997-01-01

    Most contemporary bioethicists believe that Western bioethical principles, such as the principle of autonomy, are universally binding wherever bioethics is found. According to these bioethicists, these principles may be subject to culturally-conditioned further interpretations for their application in different nations or regions, but an 'abstract content' of each principle remains unchanged, which provides 'an objective basis for moral judgment and international law'. This essay intends to demonstrate that this is not the case. Taking the principle of autonomy as an example, this essay argues that there is no such shared 'abstract content' between the Western bioethical principle of autonomy and the East Asian bioethical principle of autonomy. Other things being equal, the Western principle of autonomy demands self-determination, assumes a subjective conception of the good and promotes the value of individual independence, whilst the East Asian principle of autonomy requires family-determination, presupposes an objective conception of the good and upholds the value of harmonious dependence. They differ from each other in the most general sense and basic moral requirement.

  15. Legal Provisions Applicable to the Definition of Outer Space

    NASA Astrophysics Data System (ADS)

    Thorin, T.

    2002-01-01

    Whether it be the adjective "spatial" or the definition "space", these two terms have, in many respects, a non-identifiable dimension, which serves as a reference point for all players in this field, without being concerned with the exact area of application. This is evident from the vast diversity of corporate names, acronyms, logos and other designations that we often use. Among some of the most worldwide common include: NASA, ISS, ESA, and so on. Without of course forgetting , a field which concerns all legal experts and should not be overlooked is "space law". Thus, it is apparent that although the "space" community (i.e. influential and space- minded governments and relevant international authorities) has been involved in this field over the last few decades, no specific and universally-accepted definition has been adopted to date. Apart from certain demands made or unilateral positions taken by a given state particularly concerned by the matter, it is important to underline that the international community has refrained from making legislation in this area, apart from some rather limited or symbolic provisions introduced. This vagueness, in legal terms, should clearly be taken as the assertion of nationalistic demands, but also shows divergence or even antagonism between states fuelled by hypothetical profits, as was the case when attempts were made to establish maritime boundaries. We can thus by now summarise this issue by asking the following question: "Where does outer space begin?" We shall begin by looking at the sketchy legal references that we have at our disposal, which as lawyers we must use to attempt to find a solution to practical commercial or scientific contingencies which we are increasingly confronted with. Such references include the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 10th October 1967, constituting the fundamental space charter and decreeing the basic principle that no state can make claims to sovereignty or territory in space. This is followed by the Agreement of 11th September 1984 which governs the activities of states on the Moon and other celestial bodies. There are also three multilateral agreements which provide guiding principles in three specific areas: the Agreement on the Rescue and Return of Astronauts; the Convention on International Liability for Damage Caused by Space Objects; and, the Convention on Registration of Objects Launched into Outer Space. We shall then discuss other sources of law which also contribute towards defining the notion of space. These are essentially doctrinal positions which surface from the fundamental debate among legal experts divided between "functionalists" and "spacialists", which discussion is part of the general economic framework of international law, and considering naturally that Space law is an integral part of this framework. We shall also examine, as mentioned previously, the position taken by the various political and thus economic players in the international arena and we shall see that their somewhat diverging conceptions are often legitimised by very concrete concerns, far removed from theoretical debates, contributing to the development of international law. Finally, this will lead us to consider the pragmatic approach to such a problem, by discussing the various applications of legitimacy in demarcating space. So, we will among others discuss whether it is feasible to study a given territory without the permission of the country concerned; if "forbidden" orbits exist; in particular considering frequencies allocations and, of course, the simple right of flying and crossing, by shuttle designed vehicles both plane and rocket, over various states and their upper areas. In summary, the purpose of this paper is to determine when space law takes over from air law.

  16. Ballooning Interest in Science.

    ERIC Educational Resources Information Center

    Kim, Hy

    1992-01-01

    Presents an activity in which students construct model hot air balloons to introduce the concepts of convection current, the principles of Charles' gas law, and three-dimensional geometric shapes. Provides construction and launching instructions. (MDH)

  17. 20 CFR 658.424 - Federal hearings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... the complaints will be handled more expeditiously in this fashion. (d) At the DOL Administrative Law... conducted pursuant to this part, but rules or principles designed to assure production of the most credible...

  18. Distilling free-form natural laws from experimental data.

    PubMed

    Schmidt, Michael; Lipson, Hod

    2009-04-03

    For centuries, scientists have attempted to identify and document analytical laws that underlie physical phenomena in nature. Despite the prevalence of computing power, the process of finding natural laws and their corresponding equations has resisted automation. A key challenge to finding analytic relations automatically is defining algorithmically what makes a correlation in observed data important and insightful. We propose a principle for the identification of nontriviality. We demonstrated this approach by automatically searching motion-tracking data captured from various physical systems, ranging from simple harmonic oscillators to chaotic double-pendula. Without any prior knowledge about physics, kinematics, or geometry, the algorithm discovered Hamiltonians, Lagrangians, and other laws of geometric and momentum conservation. The discovery rate accelerated as laws found for simpler systems were used to bootstrap explanations for more complex systems, gradually uncovering the "alphabet" used to describe those systems.

  19. Common Lognormal Behavior in Legal Systems

    NASA Astrophysics Data System (ADS)

    Yamamoto, Ken

    2017-07-01

    This study characterizes a statistical property of legal systems: the distribution of the number of articles in a law follows a lognormal distribution. This property is common to the Japanese, German, and Singaporean laws. To explain this lognormal behavior, tree structure of the law is analyzed. If the depth of a tree follows a normal distribution, the lognormal distribution of the number of articles can be theoretically derived. We analyze the structure of the Japanese laws using chapters, sections, and other levels of organization, and this analysis demonstrates that the proposed model is quantitatively reasonable.

  20. Attitudes Toward Placebo Use in Lebanon.

    PubMed

    Abou-Mrad, Fadi; Tarabey, Lubna

    2015-05-01

    Placebo use, both in clinical trials and patient care, is a problematic ethical issue surrounded by opposing arguments from those who advocate its use versus those who do not. This problematic aspect of placebo is more challenging in Lebanon where religious ideologies dominate people's beliefs, and where laws that guide medical care are vague. This paper aims to highlight the cultural ideologies that dominate medical care and the perspectives of people associated with the field. The method relied on semi-structured interviews with religious leaders, representatives of society and healthcare professionals. Panel discussions incorporating healthcare professionals, academics, scientists and medical researchers were also organized. The legal environment in Lebanon is characterized by lack of an appropriate legislative guideline that categorically clarifies the value of the human person in medical care. There is a lack of a common ethical standard within a society characterized by social and political dissent. The culturally upheld principles and actual application of the principles of ethics surrounding patient autonomy were overviewed. Medical practitioners failed to agree to a general outline that should guide the use of placebo where it became evident that each practitioner adopted a subjective framework which ultimately undermines patient autonomy. The paper proposes that until a new legislative code that clarifies ethical principles properly guiding medical care is coined, the process of placebo use will continue to be subject to the paternalistic assessments of medical professionals. Copyright © 2015 Elsevier HS Journals, Inc. All rights reserved.

  1. The connection between logical and thermodynamic irreversibility

    NASA Astrophysics Data System (ADS)

    Ladyman, James; Presnell, Stuart; Short, Anthony J.; Groisman, Berry

    There has recently been a good deal of controversy about Landauer's Principle, which is often stated as follows: the erasure of one bit of information in a computational device is necessarily accompanied by a generation of kT ln 2 heat. This is often generalised to the claim that any logically irreversible operation cannot be implemented in a thermodynamically reversible way. Norton [2005. Eaters of the lotus: Landauer's principle and the return of Maxwell's demon. Studies in History and Philosophy of Modern Physics, 36, 375-411] and Maroney [2005. The (absence of a) relationship between thermodynamic and logical reversibility. Studies in History and Philosophy of Modern Physics, 36, 355-374] both argue that Landauer's Principle has not been shown to hold in general, and Maroney offers a method that he claims instantiates the operation Reset in a thermodynamically reversible way. In this paper we defend the qualitative form of Landauer's Principle, and clarify its quantitative consequences (assuming the second law of thermodynamics). We analyse in detail what it means for a physical system to implement a logical transformation L, and we make this precise by defining the notion of an L-machine. Then we show that logical irreversibility of L implies thermodynamic irreversibility of every corresponding L-machine. We do this in two ways. First, by assuming the phenomenological validity of the Kelvin statement of the second law, and second, by using information-theoretic reasoning. We illustrate our results with the example of the logical transformation 'Reset', and thereby recover the quantitative form of Landauer's Principle.

  2. The Gauss and Ampere Laws: Different Laws but Similar Difficulties for Student Learning

    ERIC Educational Resources Information Center

    Guisasola, Jenaro; Almudi, Jose M.; Salinas, Julia; Zuza, Kristina; Ceberio, Mikel

    2008-01-01

    This study aims to analyse university students' reasoning regarding two laws of electromagnetism: Gauss's law and Ampere's law. It has been supposed that the problems seen in understanding and applying both laws do not spring from students' misconceptions. Students habitually use reasoning known in the literature as 'common sense' methodology that…

  3. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    ERIC Educational Resources Information Center

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  4. Diffusion models for innovation: s-curves, networks, power laws, catastrophes, and entropy.

    PubMed

    Jacobsen, Joseph J; Guastello, Stephen J

    2011-04-01

    This article considers models for the diffusion of innovation would be most relevant to the dynamics of early 21st century technologies. The article presents an overview of diffusion models and examines the adoption S-curve, network theories, difference models, influence models, geographical models, a cusp catastrophe model, and self-organizing dynamics that emanate from principles of network configuration and principles of heat diffusion. The diffusion dynamics that are relevant to information technologies and energy-efficient technologies are compared. Finally, principles of nonlinear dynamics for innovation diffusion that could be used to rehabilitate the global economic situation are discussed.

  5. Refining animal experiments: the first Brazilian regulation on animal experimentation.

    PubMed

    de A e Tréz, Thales

    2010-06-01

    The very first law on animal experimentation has been approved recently in Brazil, and now is part of a set of the legal instruments that profile the Brazilian government's attitude toward the use of animals in experiments. Law 11794/08 establishes a new legal instrument that will guide new methods of conduct for ethics committees, researchers and representatives of animal protection societies. This comment aims to analyse critically the implications that this law brings to Brazilian reality. The link between it and the Russell and Burch's Three Rs concept is defined, and certain problems are identified. The conclusion is that the body of the law emphasises the refinement of animal experiments, but gives little importance to the principles of reduction and replacement.

  6. Regulating the advertising and promotion of stem cell therapies.

    PubMed

    von Tigerstrom, Barbara

    2017-10-01

    There are widespread concerns with the ways in which 'unproven' stem cell therapies are advertised to patients. This article explores the potential and limits of using laws that regulate advertising and promotion as a tool to address these concerns. It examines general consumer protection laws and laws and policies on advertising medical products and services, focusing on the USA, Canada and Australia. The content of existing laws and policies covers most of the marketing practices that cause concern, but several systemic factors are likely to limit enforcement efforts. Potential reforms in Australia that would prevent direct-to-consumer advertising of autologous cell therapies are justified in principle and should be considered by other jurisdictions, but again face important practical limits to their effectiveness.

  7. On a Theme by Rene David: Comparative Law as "Technique Indispensable."

    ERIC Educational Resources Information Center

    McAuley, Michael

    2002-01-01

    Explores a text by Rene David relating to the teaching of comparative law and the comparative teaching of law. Discusses bijural education as a way to comprehensively teach the civil and common law traditions. Addresses construction of a bijural curriculum and skills of comparative law teaching. (EV)

  8. Understanding the Threat Ecosystem: A Concept for Intelligence Support to Special Warfare

    DTIC Science & Technology

    2016-05-10

    international law, national law, behavioral norms and ethical principles have no restraining effects on them.5 This emerging complexity paradigm is one...similar to a biome: a major ecological community of organisms adapted to a particular climatic or environmental condition on a large geographic area in...Awareness through tracking agents and agency in the threat environment is paramount to building an accurate ecological frame of the operational environment

  9. Winning the War and Winning the Peace: Reconciling Occupation Law and the Small Wars Manual

    DTIC Science & Technology

    2017-12-22

    provider, the police, the court system , even the dogcatchers.” For Lieutenant Colonel Conlin, sending in 1,000 servicemembers to control a dense...and the Pacific. Moreover, an occupier’s legal obligations were enumerated in several treaties and principles of international law. According to...will have moral and legal obligations to restore order, provide a safe and secure environment for the population, ensure that people are being fed

  10. Moral status, justice, and the common morality: challenges for the principlist account of moral change.

    PubMed

    Hodges, Kevin E; Sulmasy, Daniel P

    2013-09-01

    The theory of principlism elaborated by Beauchamp and Childress in Principles of Biomedical Ethics has become extremely influential in bioethics. The theory employs the idea of the common morality as a foundation for the principles of autonomy, beneficence, nonmaleficence, and justice. According to this account, the content of the common morality is universal and constant, while variability in morals is due to the fact that the issue of who is included within the scope of moral status evolves over time. This suggests that issues of moral status are not part of the common morality at all, and this presents a conundrum: questions of moral status seem central to any substantive account of justice, and any conception of the common morality that excludes moral status therefore seems inadequate for supporting a robust principle of justice. We argue that proponents of common morality theory are left with four options: (1) making moral status a part of the objective common morality and ignoring evidence that views about moral status do seem to vary over time and place; (2) excluding justice from the substantive content of the common morality; (3) taking common morality to be an imperfect approximation of an independently justified and universal foundationalist ethic against which the common morality is judged; or (4) weakening claims about the universality of common morality, thereby allowing the common morality to support a variety of principles of justice applicable only within particular communities that have specified the scope of moral status. We suspect that proponents of common morality theory will not view any of these options favorably, which raises questions about the ultimate contribution of that account.

  11. 43 CFR 419.3 - What general principles govern implementation of the TROA?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... possible, multiple beneficial purposes, including municipal and industrial, irrigation, fish, wildlife... the extent that water is lawfully available. This includes, but is not limited to, the exercise of...

  12. 76 FR 77307 - Assistance to Small Shipyard Grant Program

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-12-12

    ..., prepared by a certified public accountant, according to U.S. generally accepted accounting principles, not... Agencies Appropriations Act, 2012, Public Law 112-55, this notice announces the intention of the Maritime...

  13. 12 CFR 1700.2 - Organization of the Office of Federal Housing Enterprise Oversight.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... regulatory issues, securities and corporate law principles, and administrative and general legal matters... developments in Enterprise activities, housing finance and financial regulation. The Office also prepares data...

  14. Universal Expansion.

    ERIC Educational Resources Information Center

    McArdle, Heather K.

    1997-01-01

    Describes a week-long activity for general to honors-level students that addresses Hubble's law and the universal expansion theory. Uses a discrepant event-type activity to lead up to the abstract principles of the universal expansion theory. (JRH)

  15. Exam Question Exchange.

    ERIC Educational Resources Information Center

    Alexander, John J., Ed.

    1980-01-01

    Presents background information and a problem on "escape velocity," which applies the gas laws to atmospheric and meteorological phenomena. Also, a problem is presented which requires an understanding of the principles of operation of pressure gauges. (CS)

  16. Article 8 of the human rights act 1998: a review of case law related to forensic psychiatry and prisoners in the United Kingdom.

    PubMed

    Curtice, Martin J R; Sandford, John J

    2009-01-01

    The Human Rights Act 1998 (HRA) was introduced into United Kingdom domestic law in 2000 and incorporated most of the European Convention on Human Rights. Article 8 of the HRA provides the right to respect for private and family life, home, and correspondence. It is a qualified right, underpinned by the core HRA principle of proportionality and therefore can be dynamically interpreted. The forensic and prison settings in the United Kingdom have produced numerous cases based on perceived infringements that may or may not have breached Article 8. These cases, when analyzed, help both to demonstrate how Article 8 may be breached in clinical practice and to illustrate key Article 8 principles that can be used and implemented in clinical practice to safeguard both clinicians and patients.

  17. Refraction law and Fermat principle: a project using the ant colony optimization algorithm for undergraduate students in physics

    NASA Astrophysics Data System (ADS)

    Vuong, Q. L.; Rigaut, C.; Gossuin, Y.

    2018-07-01

    A programming project for undergraduate students in physics is proposed in this work. Its goal is to check the Snell–Descartes law of refraction using the Fermat principle and the ant colony optimization algorithm. The project involves basic mathematics and physics and is adapted to students with basic programming skills. More advanced tools can be used (but are not mandatory) as parallelization or object-oriented programming, which makes the project also suitable for more experienced students. We propose two tests to validate the program. Our algorithm is able to find solutions which are close to the theoretical predictions. Two quantities are defined to study its convergence and the quality of the solutions. It is also shown that the choice of the values of the simulation parameters is important to efficiently obtain precise results.

  18. Statistical analysis of Brazilian electoral campaigns via Benford's law

    NASA Astrophysics Data System (ADS)

    Gamermann, Daniel; Antunes, Felipe Leite

    2018-04-01

    The principle of democracy is that the people govern through elected representatives. Therefore, a democracy is healthy as long as the elected politicians do represent the people. We have analyzed data from the Brazilian electoral court (Tribunal Superior Eleitoral, TSE) concerning money donations for the electoral campaigns and the election results. Our work points to two conclusions that combined may be in conflict with the democratic principle: money is the determining factor on whether a candidate is elected or not (opposed to representativeness); secondly, the use of Benford's Law to analyze the declared donations received by the parties and electoral campaigns shows either possible manipulations in the declarations or a significant number of donations that might not have been spontaneous from the donors. The better term that describes Brazil's government system is plutocracy (govern by the wealthy).

  19. Can lessons designed with Gestalt laws of visual perception improve students' understanding of the phases of the moon?

    NASA Astrophysics Data System (ADS)

    Wistisen, Michele

    There has been limited success teaching elementary students about the phases of the moon using diagrams, personal observations, and manipulatives. One possible reason for this is that instruction has failed to apply Gestalt principles of perceptual organization to the lesson materials. To see if fourth grade students' understanding could be improved, four lessons were designed and taught using the Gestalt laws of Figure-Ground, Symmetry, and Similarity. Students (n = 54) who were taught lessons applying the Gestalt principles scored 12% higher on an assessment than students (n = 51) who only were taught lessons using the traditional methods. Though scores showed significant improvement, it is recommended to follow the American Association for the Advancement of Science guidelines and wait until 9th grade to instruct students about the phases.

  20. Preparing disabled students for professional practice: managing risk through a principles-based approach.

    PubMed

    Hargreaves, Janet; Walker, Lizzie

    2014-08-01

    A discussion exploring the ways disabled students are managed in practice settings. It proposes and argues for morally and legally viable principles to guide risk assessment and inclusive decision-making in practice. Equality law means that universities are bound not to discriminate against students on the basis, amongst other things, of disability. As a consequence in the UK, there is a perceived increase in numbers of disabled people applying for and succeeding as health professionals. Whilst placement providers are equally obliged by the law to have inclusive policies, competing needs including patient safety, public confidence and professional regulations mean that adjustments that can be made in an educational environment to appropriately support student learning may prove to be more difficult in placements that provide direct care to the public. This discussion is an outcome of recommendations from published research by the authors and their research partners. It is supported by related literature, critical debate amongst academics, disabled students and disabled and non-disabled practitioners. Ensuring a nursing workforce that mirrors the diversity of the population it serves is of universal importance. Effective management of disabled students can contribute to achieving this goal and to promoting a positive view of disabled practitioners. Legislation is necessary to protect disabled people from discrimination. To respect this legislation, when preparing nurses and other health professions, a clear understanding of the law and a principles-based approach to guiding risk is important. © 2014 John Wiley & Sons Ltd.

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