Law Breakdown Research Articles

Poland’s Rule of Law Breakdown Continued: Judge Żurek’s Battle for Judicial Independence Within the European Human Rights Framework

Abstract Judicial independence and rule of law in Poland have been increasingly under challenge before national and European courts. Departing from a case study of Judge Żurek, an emblematic figure of the Polish judicial community prosecuted for criticizing the post-2015 judicial reforms, this article assesses how the European Human Rights framework can play out in a particular case of a judge defending the rule of law in his country. After having outlined the circumstances of his prosecution, it follows his journey to Luxembourg and Strasbourg. Namely, it lays out the legal issues before the Courts and examines the standards they establish, commenting on how they translate into prospects of redress. It finds that, while both the cjeu and the ECtHR establish standards on court transfers, judicial nominations, premature termination of office or the link to freedom of expression, the level of judicial independence required for their successful implementation creates a paradox.

Deformation Mechanisms and Processing Maps for High Entropy Alloys (Presentation of Processing Maps in Terms of Zener-Hollomon Parameter): Review.

In this review paper, the hot compressive deformation mechanisms and processing maps of high-entropy alloys (HEAs) with different chemical compositions and crystal structures are analyzed. The stress exponent (n1) values measured from the series of compression tests for the HEAs performed at different temperatures and strain rates are distributed between 3 and 35, and they are most populated between 3 and 7. Power law breakdown (PLB) is found to typically occur at T/Tm ≤ 0.6 (where T is the testing temperature and Tm is the melting temperature). In AlxCrMnFeCoNi (x = 0-1) and AlxCrFeCoNi (x = 0-1) HEAs, n1 tends to decrease as the concentration of Al increases, suggesting that Al acts as a solute atom that exerts a drag force on dislocation slip motion at high temperatures. The values of activation energy for plastic flow (Qc) for the HEAs are most populated in the range between 300 and 400 kJ/mol. These values are close to the activation energy of the tracer diffusivity of elements in the HEAs ranging between 240 and 408 kJ/mol. The power dissipation efficiency η of the HEAs is shown to follow a single equation, which is uniquely related to n1. Flow instability for the HEAs is shown to occur near n1 = 7, implying that the onset of flow instability occurs at the transition from power law creep to PLB. Processing maps for the HEAs are demonstrated to be represented by plotting η as a function of the Zener-Hollomon parameter (Z = expQcRT, where R is the gas constant). Flow stability prevails at Z ≤ 1012 s-1, while flow instability does at Z ≥ 3 × 1014 s-1.

What about fundamental rights? Security and fundamental rights in the midst of a rule of law breakdown

This article considers the balance between security and fundamental rights that characterises EU criminal law and examines how processes of rule of law backsliding have re-shaped it. Traditionally, EU criminal law has been characterised by its securitisation, which crystallised in the prioritisation of the principle of mutual trust over concerns for the rights of defendants. However, processes of rule of law breakdown at Member State level have challenged this balance and demonstrated the flawed foundations of mutual trust. This paper explores how the CJEU is addressing these contradictions through case law that, nonetheless, continues to prioritise security over the right to a fair trial, whilst Member State courts challenge these interpretations and develop decentralised interpretations of the right to a fair trial. The goal is to evaluate whether judicial dialogue provides an adequate framework to counter the securitisation of EU criminal law and protect the right to a fair trial in the midst of a process of rule of law breakdown.

What about fundamental rights? Security and fundamental rights in the midst of a rule of law breakdown

What about fundamental rights? Security and fundamental rights in the midst of a rule of law breakdown

Modification of Cantor High Entropy Alloy by the Addition of Mo and Nb: Microstructure Evaluation, Nanoindentation-Based Mechanical Properties, and Sliding Wear Response Assessment

The classic Cantor (FeCoCrMnNi) isoatomic high entropy alloy was modified by separate additions of Mo and Nb in an effort to optimize its mechanical properties and sliding wear response. It was found that the introduction of Mo and Nb modified the single phase FCC solid solution structure of the original alloy and led to the formation of new phases such as the BCC solid solution, σ-phase, and Laves, along with the possible existence of intermetallic phases. The overall phase formation sequence was approached by parametric model assessment and solidification considerations. Nanoindentation-based mechanical property evaluation showed that due to the introduction of Mo and Nb; the modulus of elasticity and microhardness were increased. Creep nanoindentation assessment revealed the beneficial action of Mo and Nb in increasing the creep resistance based on the stress sensitivity exponent, strain rate sensitivity, and critical volume for the dislocation nucleation considerations. The power law and power law breakdown were identified as the main creep deformation mechanisms. Finally, the sliding wear response was increased by the addition of Mo and Nb with this behavior obeying Archard’s law. A correlation between microstructure, wear track morphologies, and debris characteristics was also attempted.

Class I type creep behavior of coarse-grained Al0.5CoCrFeMnNi high entropy alloy

The high-temperature deformation behavior of homogenized cast Al0.5CoCrFeMnNi with a coarse-grained face centered cubic (FCC) phase and a small amount of body centered cubic phase-dispersed within the FCC matrix grains was investigated using tensile creep and elongation tests at three temperatures of 1023, 1098 and 1173 K in a wide strain rate range between 10−8 and 10−1 s−1. As the strain rate increased, the strain rate regime associated with n = 3 (where n is the stress exponent) and n = 5 and power law breakdown (n > 7) appeared in sequence. As the temperature increased, the upper limit of the strain rate for n = 3 increased. The inverse primary creep behavior occurred and subgrain formation was not observed at the low strain rates and high temperatures associated with n = 3, strongly suggesting that solute drag creep is the rate-controlling deformation mechanism. Furthermore, the deformation mechanism of Al0.5CoCrFeMnNi was very similar to that of binary Al–Mg alloys known as typical class I solid solution alloys. The concept of breakaway stress from solute atmosphere could explain the transition of deformation mechanism from solute drag creep to dislocation climb creep at high strain rates.

Poland’s Rule of Law Breakdown: A Five-Year Assessment of EU’s (In)Action

To reinstate what amounts to a “Soviet-style justice system”, Polish authorities have repeatedly and deliberately violated the Polish Constitution and EU law. Rather than comprehensively detailing these repeated violations, this article focuses on the EU dimension of Poland’s rule of law breakdown. Using the activation of the Rule of Law Framework by the European Commission on 13 January 2016 as a starting point, this article offers a critical five-year assessment of EU’s (in)action starting with an overview of the extent to which virtually all of the multiple problematical issues identified early on by the Commission have yet to be addressed by Polish authorities by January 2021. Regarding the Commission and the Council’s (in)action, this article argues that the Commission has systematically acted in a too little too late fashion while the Council has systematically failed to meaningfully act, with the inaction of these two EU institutions amounting, at times, to dereliction of duties. By contrast, the Court of Justice has forcefully defended judicial independence whenever an infringement case was lodged with it by the Commission. The Court of Justice’s record in preliminary ruling cases is more mixed due, in part, to the Court’s apprehension to undermine the principle of mutual trust. The article ends with a list of key lessons and recommendations which reflect the EU’s few successes and many failures highlighted in this article. It is submitted inter alia that more statements, dialogue and reports are not going to help contain, let alone solve Poland’s rule of law crisis. It is indeed no longer a crisis the EU is facing but a total breakdown in the rule of law in Poland which, in turn, represents a threat to the interconnected legal order that underpins the EU.

Easy construction of processing maps for metallic alloys using a flow instability criterion based on power-law breakdown

A flow instability criterion developed based on a continuum model was found to be related to the onset of power law breakdown in creep deformation mechanisms. The currently proposed flow instability criterion based on power law breakdown (n > 7, where n is the stress exponent) can be applied to any materials showing power law creep and power law breakdown without any assumptions and limitations. The proposed model also allows for the easy construction of power dissipation map because power dissipation efficiency can be explicitly expressed as a function of n even when n is not constant with strain rate.

Stress-regime-dependence of inelastic anisotropy in forged age-hardening aluminium alloys at elevated temperature: Constitutive modeling, identification and validation

Many structural materials exhibit stress-regime-dependent anisotropy of inelastic responses. Examples are age-hardening aluminium alloys forgings. Experimental creep curves indicate that inelastic strain rates depend significantly on the loading direction within the power law regime, while in the power law breakdown range the anisotropy is weak and can be neglected. The aim of this paper is to analyze anisotropic behavior of forged AA2014 alloy and to develop a constitutive model to describe inelastic response under multi-axial stress state. Microstructural observations suggest that the anisotropy is primarily caused by elongated grains and coarse particles on grain boundaries. To account for inhomogeneous inelastic deformation and stress redistribution in different microstructural zones a composite model is developed. Constitutive equations for inelastic-hard and inelastic-soft constituents and anisotropic rules for mechanical interactions between them are elaborated. Hardening/recovery and overageing processes in grain interiors are characterized by internal state variables and kinetic equations. The model is calibrated against families of creep curves for two loading directions in a wide stress and temperature ranges. For the validation, creep tests under the loading with the angle of 30∘ relative to the longitudinal grain axis as well as tensile tests are simulated by the model and results are compared with experimental data.

The effect of addition of Sn to copper on hot compressive deformation mechanisms, microstructural evolution and processing maps

The high-temperature compressive deformation behavior of a Cu-10wt.% Sn solid solution alloy was studied in the temperature range of 843–993K and in the strain rate range of 10−3 – 10s−1 and the relationships among the flow stress, strain rate and temperature were determined. Based on the data obtained from the compression tests, the deformation mechanism was identified, and the processing maps were constructed. The Cu-10Sn alloy exhibited solute drag creep at low strain rates and high temperatures and power law breakdown (PLB) at high strain rates and low temperatures. In the processing maps, above the temperature of 933K, the alloy did not show flow instability up to a high strain rate of 10s−1 and showed high power dissipation efficiencies (31–35%) even at the very high strain rate of 10s−1. Furthermore, at 993K, the fraction of dynamically recrystallized grains after compressive deformation was as high as 0.83 at 10s−1. These results indicate that the Cu-10Sn alloy exhibits a significantly better hot workability and a higher quality of post-deformation microstructures compared to the pure Cu where dislocation climb creep is the main deformation mechanism. Continuous dynamic recrystallization occurred at 843K, while discontinuous dynamic recrystallization occurred at 993K. Comparison of the current results with the previous work on the Cu-4.9Sn alloy indicates that the increase of Sn concentration in Cu matrix extends the regime of solute drag creep and delays the onset of PLB to a lower temperature and a higher strain rate.

Effects of large amounts of Mg (5–13 wt%) on hot compressive deformation behavior and processing maps of Al-Mg alloys

The effects of the addition of large amounts of Mg (5–13 wt%) on the hot compressive behavior and processing maps of Al-Mg alloys were systematically examined in a wide strain rate range between 5 × 10−4 s−1 and 10 s−1 in a temperature range between 598 and 698 K. As the Mg content in the Al-Mg alloy increased from 5 to 7 wt%, the fraction of dynamically recrystallized (DRXed) grains decreased and then increased, followed by the further increase of Mg content up to 13 wt%. The Al-13Mg alloy exhibited superior post-deformation microstructures compared to the Al-Mg alloys with the lower Mg Al-Mg alloys. For example, after compressive deformation at high strain rates of 1 and 10 s−1 at 698 K, the Al-13Mg alloy had considerably higher fractions of DRXed grains (67–98%) and much smaller average grain sizes (13–19 μm) than the fractions of DRXed grains (5–43%) and the average grain sizes (63–485 μm) of the Al-Mg alloys with the Mg contents ≤ 10 wt%. The decreased fraction of DRXed grains with an increase in Mg content from 5 to 7 wt% was attributed to the suppression of dynamic recovery, resulting in a decrease in the kinetics of continuous dynamic recrystallization (CDRX). The increased fraction of DRX grains with the increase in Mg from 7 to 13 wt% could be attributed to the transition from CDRX to discontinuous dynamic recrystallization by the significant reduction in stacking fault energy with the addition of large amounts of Mg. The Al-Mg alloys exhibited the solute drag creep at low strain rates and power law breakdown (PLB) at high strain rates. With the addition of large amounts of Mg, however, the onset of PLB was delayed to a higher strain rate and a lower temperature. As a result, the Al-13Mg alloy could exhibit higher power dissipation efficiency and smaller instability regions compared to that of the lower Mg content Al-Mg alloys in the processing maps. This outcome agreed with the observations on the microstructures after compressive deformation.

Dislocation dynamics modelling of the power-law breakdown in olivine single crystals: Toward a unified creep law for the upper mantle

In the present work, we use a numerical modelling approach based on 2.5-dimensional dislocation dynamics simulations to investigate the transition between the power and the exponential laws in olivine for temperatures ranging between 800 K and 1700 K and stresses between 100 and 500 MPa. We model the deformation of an olivine crystal by the interplay of glide and climb of dislocations. Plastic strain is produced by glide, the amount of gliding dislocations being controlled by climb acting as a recovery mechanism. Within this framework, and without the need of introducing any other mechanism, our model reproduces a power law breakdown above 200 MPa. Consequently, we conclude that the use of two rheological laws to describe the creep of olivine can be motivated by convenience, but is not imposed by theoretical needs. Alternatively a unified creep law can be proposed to describe the rheology of olivine in a wide range of temperature relevant for the upper mantle. This flow law may have an exponential form and describe the entire range of experimental data, from room temperature to 1800 K at both low and high stresses, using a single adjusting parameter, the so-called mechanical resistance σ˜. We also propose an alternative mathematical expression based on a sigmoid function, which is more suitable for implementation in geodynamical models.

Effect of refinement of grains and icosahedral phase on hot compressive deformation and processing maps of Mg-Zn-Y magnesium alloys with different volume fractions of icosahedral phase

The effect of the volume fraction of I-phase on the hot compressive behavior and processing maps of the extruded Mg-Zn-Y alloys was examined, and the obtained results were compared with those of the cast alloys in a previous work. The average grain sizes, fractions of dynamically recrystallized (DRXed) grains, and sizes of DRXed grains of the extruded alloys after compressive deformation were significantly smaller, higher and smaller, respectively, than those of the cast alloys after compressive deformation under the same experimental conditions. This was because the microstructures of the extruded alloys, having much more grain boundaries and more refined I-phase particles than the cast alloys, provided a larger number of nucleation sites for dynamic recrystallization than those of the cast alloys. The constitutive equations for high-temperature deformation of the extruded and cast alloys could be derived using the same activation energy for plastic flow, which was close to the activation energy for lattice diffusion in magnesium. Compared with the cast alloys, the onset of the power law breakdown (PLB) occurred at larger Zener-Holloman (Z) parameter values in the extruded alloys. This was because the extruded alloys had finer initial grain sizes and higher fractions of finer DRXed grains compared to the cast alloys, such that the onset of PLB caused by creation of excessive concentrations of deformation-induced vacancies was delayed to a higher strain rate and a lower temperature. The flow-stress difference between the extruded alloys and the cast alloys could be attributed to the difference in the fraction of DRXed grains. According to the processing maps, the extruded alloys exhibited higher power dissipation efficiency and flow stability than the cast alloys. This agreed with the microstructural observations.

Fractal nature of aluminum alloys substructures under creep and its implications

The present work offers an explanation for the variation of the power-law stress exponent, n, with the stress σ normalized to the shear modulus G in aluminum alloys. The approach is based on the assumption that the dislocation structure generated with deformation has a fractal nature. It fully explains the evolution of n with σ/G even beyond the so-called power law breakdown region. Creep data from commercially pure Al99.8%, Al-3.85%Mg, and ingot AA6061 alloy tested at different temperatures and stresses are used to validate the proposed ideas. Finally, it is also shown that the fractal description of the dislocation structure agrees well with current knowledge.

Effect of hydrogen on high temperature flow behavior of near α-Ti alloy

The effect of hydrogen on high temperature flow behavior of VT20, a near α-Ti alloy, was studied using differential strain rate compression tests. Hydrogen level was varied from 0.0015 to 0.36wt%. Strain rate jump tests were carried out over the strain rate and temperature ranges of 10−3–10−1s−1 and 600–947°C, respectively. The addition of hydrogen increased the volume fraction of β phase, decreased the grain size and lowered the flow stress up to test temperature of 900°C. The values of apparent strain rate sensitivity (m) and activation energy for deformation (Q) were found to vary from 0.03 to 0.46 and 176–382kJ/mol, respectively, depending on strain rate, test temperature and hydrogen level. With increasing hydrogen content the peak strain rate sensitivity shifted to lower temperatures. The values obtained for m (≥0.30) and Q (~176kJ/mol) suggested that the deformation mechanism is the grain boundary sliding accommodated by lattice diffusion. The lower values of m (0.20–0.25) suggested dislocation climb as the deformation mechanism and the further decrease in m and increase in Q suggested power law breakdown.

Hot compression characteristics and processing maps of a cast Mg–9.5Zn–2.0Y alloy with icosahedral quasicrystalline phase

Hot compressive characteristics and processing maps of a cast Mg–9.5Zn–2.0Y alloy with I-phase (ZW92) were studied in the temperature range between 523 and 723K and in the strain rate range between 10−3 and 10s−1. According to the analysis of deformation behavior, the rate-controlling mechanism governing deformation during entire compression process was lattice diffusion controlled dislocation climb creep and power-law breakdown. Comparison of the processing maps of ZW92 with those of the cast Mg–Zn–Y alloys with different types of intermetallic compounds (W- and long period stacking ordered phases) and the cast Mg–Al–Zn alloy (AZ80) alloy with β-Mg17Al12 phase in terms of η values and the domain sizes of the unstable regime indicated that ZW92 exhibited a better hot workability at high strain rates above 1s−1. This result was attributed to the suppression of power law breakdown in ZW92 due to occurrence of extensive dynamic recrystallization at high strain rates, which was facilitated by the effective fragmentation and dispersion of I-phase during deformation at high strain rates. A fully recrystallized microstructure composed of defect-free fine grains (9.34μm) with high fraction of high angle grain boundaries (0.81) was obtained at 623K – 10s−1.

Breakdown of Benford’s law for birth data

Long birth time series for Romania are investigated from Benford’s law point of view, distinguishing between families with a religious (Orthodox and Non-Orthodox) affiliation. The data extend from Jan. 01, 1905 till Dec. 31, 2001, i.e. over 97 years or 35 429 days. The results point to a drastic breakdown of Benford’s law. Some interpretation is proposed, based on the statistical aspects due to population sizes, rather than on human thought constraints when the law breakdown is usually expected. Benford’s law breakdown clearly points to natural causes.

A phase mixture model for anisotropic creep of forged Al–Cu–Mg–Si alloy

Abstract Aluminium wrought alloys are frequently applied to manufacture structural components of complex shape and used in a temperature range where creep phenomena take place. The aim of this paper is to analyze creep behavior of forged AA2014 alloy and to develop a constitutive model to describe inelastic response under multi-axial stress state. Experimental data show that creep rates depend essentially on the loading direction within the power law creep regime, while in the power law breakdown range creep anisotropy is not essential and can be neglected. Microstructural observations suggest that the anisotropy of creep is primarily caused by elongated grains and grain boundaries as a result of material processing. Assuming the inhomogeneous deformation in different microstructural zones including interiors of elongated grains and grain boundary regions, a phase mixture model of inelastic deformation is developed. The model includes constitutive equations for individual phases and an interaction rule to capture the direction dependent creep. Additional state variables including the normalized dislocation density and the normalized particle size as well as corresponding evolution equations are introduced to describe hardening/recovery and overageing processes. Through a change of variables the model is reduced to a set of kinetic equations such that the material parameters can be identified from families of creep curves for two loading directions. Results of identification are presented for the temperature of 150 °C and several stress levels.

Impression creep behavior of the extruded Mg–4Zn–0.5Ca and Mg–4Zn–0.5Ca–2RE alloys

Abstract The creep characteristics of the extruded Mg–4Zn–0.5Ca and Mg–4Zn–0.5Ca–2RE (wt%) alloys were investigated using impression creep tests in the temperature range of 423–498 K. The creep behavior of both alloys was well described by the Garofalo hyperbolic sine relationship modified for the threshold stress concept. The stress exponent was 5 and the activation energies for creep were found to be close to that of the lattice diffusion in the α-Mg, i.e., 135 kJ mol –1 . Lattice diffusion-controlled climb of dislocations was thus determined as the dominant rate-controlling mechanism. At lower temperatures and higher stresses, the power–law breakdown was observed. The appearance of the threshold stress was attributed to the finely dispersed second phase particles that are present in the microstructure. Threshold stresses decreased linearly with increasing temperature. The RE-containing alloy showed higher threshold stresses and better creep resistance, due to the effect of load transfer resulting from high volume fraction of the second phases and formation of the thermally stable (MgZn) 12 RE particles.

Rheological transition during large strain deformation of melting and crystallizing metapelites

AbstractTorsion experiments ( =3 × 10−4 s−1) were performed to investigate the large strain (γmax = 15) rheology on quartz‐muscovite aggregate as analogue to pelitic rocks undergoing melting and crystallization during deformation at 300 MPa confining pressure and 750°C temperature. Microstructures reveal four distinct but gradational stages of crystal‐melt interactions during deformation—(a) solid state deformation, (b) initiation and domination of partial melting, (c) simultaneous partial melting and crystallization, and (d) domination of crystallization. The microstructural stages are linked to the rheology of the deforming samples. Partial melting starts at relatively low finite shear strains (γ = 1–3) showing approximately 60% strain softening. At γ = 4–10 the partially molten bulk material shows a steady state flow at low stress. Further crystallization of new crystals at the expense of melt between γ = 10 and 15 causes weak strain hardening until the material fails by developing brittle fractures. The stress exponent (n), calculated at γ = 1, 5, and 10, increases from ∼ 3 to ∼ 43, indicating a transition from power to power law breakdown or exponential flow of the bulk system. Hydrostatic experiments for equivalent times and conditions of the torsion experiments were also conducted to evaluate the reaction kinetics and microstructures under static conditions. The new experimental data establish that partially molten rock does not flow according to a constant strain rate‐dependent power law (steady state) rheology. The rheological transition from strain rate sensitive to strain rate insensitive flow is interpreted as a function of melt‐crystal ratio, their mutual interactions, and the evolution of microstructures in the partially molten rock.