Action Limit Research Articles

Brothers in Arms: American Independence and the Men of France and Spain Who Saved It

Brothers in Arms: American Independence and the Men of France and Spain Who Saved It

Honey bee exposure scenarios to selected residues through contaminated beeswax

Twenty-two pesticides and veterinary drugs of which residues were detected in beeswax in Europe were selected according to different criteria. The risk to honey bee health posed by the presence of these residues in wax was assessed based on three exposure scenarios. The first one corresponds to the exposure of larvae following their close contact with wax constituting the cells in which they develop. The second one corresponds to the exposure of larvae following consumption of the larval food that was contaminated from contact with contaminated wax. The third one corresponds to the exposure of adult honey bees following wax chewing when building cells and based on a theoretical worst-case scenario (= intake of contaminants from wax). Following these three scenarios, maximum concentrations which should not be exceeded in beeswax in order to protect honey bee health were calculated for each selected substance. Based on these values, provisional action limits were proposed. Beeswax exceeding these limits should not be put on the market.

Weber's cultural frontier in public bodies of tourism promotion

Este documento expone el resultado de la investigación sobre el impacto de la cultura burocrática organizacional en los procesos de servicio y los niveles de atención hacia operadores turísticos locales, por parte de organismos públicos de promoción turística. Se buscó brindar respuesta al valor de la cultura de trabajo en la organización administrativa de dichos organismos bajo el modelo burocrático weberiano, atendiendo que la vigencia de dicho modelo es cuestionada en un ámbito tan dinámico como la prestación de servicios turísticos, donde la exigencia de respuesta a las necesidades del mercado, superan los límites de la actuación burocrática administrativa. Se parte de la premisa de que el trabajo burocrático, en el ámbito de turismo, es un paradigma de ineficiencia dado que el mercado opera en una cultura de competitividad y se aleja de una cultura burocrática (weberiana).

ПРОБЛЕМЫ ПРИЗНАНИЯ И ИСПОЛНЕНИЯ ИНОСТРАННЫХ СУДЕБНЫХ РЕШЕНИЙ ПО СПОРАМ В СФЕРЕ ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ

Intellectual property is significant intangible asset, having which gives his owner undeniable advantage on the market. The increase in the number of cross-border transactions with intellectual property objects has led to an increase in the number of disputed in the field of intellectual property complicated by a foreign element. The purpose of this research is to assess the prospects of the recognition and enforcement of a foreign court decision made in a dispute over intellectual property rights. The author pays attention to traditional problems related to the recognition and execution of foreign court decisions, emphasising that these same problems are common for decisions made with respect to intellectual property rights disputes, if those disputes took place in real space. However, the situation is getting worse is the violation of rights occurred in the Internet space. Emphasising that the fundamental prerequisite for the recognition and enforcement of a foreign court decision is the determination of the jurisdiction of the court, the author analyses the approaches developed by WIPO and individual states to determining the appropriate court competent to consider disputes over intellectual property infringement in the Internet space. The article pays special attention to the limits of action of judicial acts handed down in such disputes. As an illustration of the relevance and complexity of problems related to the recognition and execution of foreign court decisions on intellectual property infringement in the Internet space, the article analyses the case Google v. Equustek.

Confirming the Presence of Legionella pneumophila in Your Water System: A Review of Current Legionella Testing Methods.

Legionnaires’ disease has been recognized since 1976 and Legionella pneumophila still accounts for more than 95% of cases. Approaches in countries, including France, suggest that focusing risk reduction specifically on L. pneumophila is an effective strategy, as detecting L. pneumophila has advantages over targeting multiple species of Legionella. In terms of assays, the historically accepted plate culture method takes 10 days for confirmed Legionella spp. results, has variabilities which affect trending and comparisons, requires highly trained personnel to identify colonies on a plate in specialist laboratories, and does not recover viable-but-non-culturable bacteria. PCR is sensitive, specific, provides results in less than 24 h, and determines the presence/absence of Legionella spp. and/or L. pneumophila DNA. Whilst specialist personnel and laboratories are generally required, there are now on-site PCR options, but there is no agreement on comparing genome units to colony forming units and action limits. Immunomagnetic separation assays are culture-independent, detect multiple Legionella species, and results are available in 24 h, with automated processing options. Field-use lateral flow devices provide presence/absence determination of L. pneumophila serogroup 1 where sufficient cells are present, but testing potable waters is problematic. Liquid culture most probable number (MPN) assays provide confirmed L. pneumophila results in 7 days that are equivalent to or exceed plate culture, are robust and reproducible, and can be performed in a variety of laboratory settings. MPN isolates can be obtained for epidemiological investigations. This accessible, non-technical review will be of particular interest to building owners, operators, risk managers, and water safety groups and will enable them to make informed decisions to reduce the risk of L. pneumophila.

Analysis of Bystander Behavior Towards Intimate Partner Violence via Peerformance.

This study of a South Asian community in the midwestern USA examines what bystanders do when they witness an incident of intimate partner violence (IPV). Because of ethical and safety constraints, in lieu of observation in a natural setting, data were collected at a Peerformance, a peer-led IPV prevention program, using the forum theatre method introduced in Augusto Boal's Theatre of the Oppressed. Event attendees were invited to respond to an IPV incident enacted by peer educators in which a controlling husband's behavior escalates to the point of suggesting physical violence. Using a grounded theory approach, we analyzed the videotaped bystander actions while applying pertinent aspects of visual analysis. Event attendees responded in variety of ways, exploring and/or de-escalating the situation, providing information, and encouraging the couple to resolve their conflict and/or seek outside help. They expressed empathy, support, and (dis)agreement with the husband and the wife. Their actions encompassed a number of dimensions: introductory, investigative, supportive/empathic, informational, instructional, instrumental, and confrontational. Participants' vastly varied responses to IPV within the same scenario suggest difficulty in developing a generic IPV bystander program. The findings also suggest possible directions for developing bystander programs to address IPV. In lieu of prescribing and/or proscribing specific actions in a given risk situation, bystander training can help participants build their repertoire of actions while collectively examining the strengths and limitations of various actions in their sociocultural context. Such bystander training is complex and difficult to manualize; it will involve reflexive and critical discussions and learning and trying out various possible alternatives. A Peerformance is a site of action, a realistic and familiar milieu where community members can imagine and try out interventions that may be different from the norm of indifference and non-intervention. It can open up new possibilities for addressing IPV in diverse communities.

A Novel Loaded Tooth Contact Analysis Procedure With Application to Internal–External Straight Bevel Gear Mesh in a Pericyclic Drive

Abstract A comprehensive numerical loaded tooth contact analysis (LTCA) model is proposed for straight bevel gears that exhibit large number of teeth in contact, well beyond the involute line of action limits. This kind of contact is observed when the meshing gears have conformal surfaces, as in a pericyclic mechanical transmission, and is traditionally analyzed using finite element simulations. The pericyclic drive is kinematically similar to an epicyclic bevel gear train and is characterized by load sharing over large number of teeth in an internal–external bevel gear mesh, large shaft angles (175–178 deg), nutational gear motion, and high reduction ratio. The contact region spreads over a large area on the gear tooth flank due to high contacting surface conformity. Thus, a thick plate finite strip method (FSM) was utilized to accurately calculate the gear tooth bending deflection. Based on the tooth deformation calculation model and accounting for initial surface separation, a variational framework is developed to simultaneously solve for load distribution and gear tooth deformation. This is followed by calculation of contact stress, bending stress, mesh stiffness, and transmission error. The results demonstrate the high-power density capabilities of the pericyclic drive and potential for gear noise reduction. The model developed herein is applied with real gear tooth surfaces, as well.

Introduction: This Is America

Introduction: This Is America

Defendant’s bad faith as a basis for the court’s non-application of limitation of action

The subject of this study is an analysis of possible changes to action limitation period norms of the Russian Civil Code in light of the introduction of good faith as a fundamental principle of the legal regulation of civil relations. The issue involves the non-application of limitation of action by courts as a result of the defendant’s actions that are incompatible with good faith. Since, on the one hand, limitation of action has been established in order to protect the defendant from untimely, belated, and sometimes unfair claims by the plaintiff, and, on the other hand, the defendant’s reference to omitting the statute of limitations completely deprives the plaintiff of the protection of his rights and legal interests violated by the defendant in bad faith. The goal of legal regulation is to find a solution that provides an optimal fair balance between the interests of the conflicting parties. In this regard, the authors propose a compromise model that presupposes the establishment of the degree of the defendant’s bad faith and, at the same time, takes into account the plaintiff ’s capability to file a lawsuit within the limitation period. The decisions of Russian courts on the refusal of courts to apply the limitation of actions due to the defendant’s bad faith are examined in this article. Also, the re-qualifying of a disputable transaction as void in consequence of the gross abuse of the right by the defendant is analyzed. Particular attention is paid to the mandatory nature of the Civil Code norms providing limitation of action: in order to protect the plaintiff from the defendant’s dishonest actions and to ensure uniformity of legal regulation meeting the interests of justice, it is proposed to legalize agreements on increasing the limitation period, taking into account, however, the need to protect the interests of the weaker party to the contract.

The limits of action

The limits of action

A late offensive. Italian cultural action in Belgrade in the last phase of the Kingdom of Yugoslavia (1937-1941)

After the signing of the so-called Ciano-Stojadinovic Pact (March 1937), Italian-Yugoslav relations suddenly improved. The turnaround in bilateral relations between the two countries (destined, however, to remain ephemeral) was clearly visible in the field of cultural relations. This essay aims to show how, after 1937, the Italian authorities tried to promote Italian culture and language in a big style in the capital of the Kingdom, Belgrade, in an attempt to counteract the supremacy enjoyed up to then by the cultural action of other countries such as France, Germany, etc., in order to promote the Italian language and culture. The fascination with the Italian civilization was also meant to contribute to bringing Yugoslavia politically and ideologically closer to the Fascist regime. Despite the invested resources and the success of some major events (for example, the great exhibition of Italian portraits through the centuries) the results were disappointing, showing once again the structural limits of Fascist political and cultural action abroad.

OBSERVATÓRIO DA DEMOCRACIA DE ALFENAS/MG: POSSIBILIDADES E DESAFIOS DA EDUCAÇÃO EM DIREITOS HUMANOS ATRAVÉS DO PARLAMENTO JOVEM

This text is a report on the experience of the outreach project Observatory of Democracy, by implementing the Youth Parliament in Alfenas / MG. The project aimed to enhance spaces for training and for political democratic education and human rights education, articulating actions through the Youth Parliament. Its methodology consisted of planning and sharing workshops, lectures, plenary sessions and informational materials in partnership with civil entities and the City Council. It also reflects on the possibilities and limits of an outreach action in human rights education articulated through the Youth Parliament. Among the possibilities, the use of the structure and the thematic axes developed by the Assembly of Minas, the articulation between the legislative power, university and civil associations. Among the challenges, the low investment of the Chambers in political education and the consequent disarticulation of schools in educational actions.

Ruídos raciais

Abstract In the early minutes of O som ao redor (Neighboring Sounds, 2012), by director Kleber Mendonça Filho, photographs marked by extradiegetic sounds represent an aesthetic choice that describes how the experience of slavery in colonial Brazil actualizes its effects in a contemporary neighborhood of Northeastern Brazil. This article investigates how O som ao redor engages with Gilberto Freyre’s theories by exposing racialization processes and the impression that violence resulting from racism is inevitable. Through acousmatization, a resource that destabilizes the temporal and spatial limits of diegetic action, this film intervenes in a polarized debate around racism and makes it possible to criticize the hegemonic reading of miscegenation as the visual representation of racial harmony in Brazil. With a sound design that invokes the genre of terror and proposes listening as a racializing act, O som ao redor challenges the ocularcentric myth of racial democracy and the ideology of exclusivist classism.

S�o Jorge da Mina and Macao: a comparative reappraisal of European encounters

The early modern Portuguese empire presents a variety of case studies to explore the process of border making experienced in direct response to European activity and imperialism. Considering its scale and dispersion, the Portuguese empire shows both fluidity and rigidity of borders and the strategies of control and security taken in response to or within their establishments. The Portuguese factory of S�o Jorge da Mina, that was built in 1482, and Macao, one of the most important European harbours in Asia in the 1550s, offer valuable insights into early Portuguese/non-European relations. Both cases constitute a concession of a limited and well-defined land where the Portuguese could stay, with full control, resulting from agreement with the terms stipulated by the local authorities. Considering the asymmetries of historiography when treating the two cases, rather than a direct comparison, this article aims to bring some reflections on these experiences as paradigms of the limit of action of the early modern Portuguese empire.

SIGNS OF LIMITATION OF ACTIONS AND THEIR REFLECTION IN THE LAW

Abstract: the article examines the signs of limitation of actions, and indicates how they are reflected in the law. The concept of limitation of actions can be given only on the basis that we are talking about the protection of the violated right. The protection of the right is understood as the satisfaction of the claims of the plaintiff, which he presents to the debtor. Protection of the right is carried out by means of compulsory measures against the debtor by a court decision. With the expiration of the limitation period, the possibility of compulsory protection of the violated right is lost. The introduction into the Civil Code of the rule that the limitation period for obligations, the term of performance of which is not determined or determined by the moment of demand, cannot exceed ten years from the date of occurrence of the obligation, contradicts the essence of the limitation of actions. The phrase “right to claim” in substantive law and procedural law denotes different concepts. There was no reason to introduce into the law instructions on the inapplicability of the statute of limitations to the requirements for the issuance of deposits. The statute of limitations is imperative, but there are elements of discretion.

RESENHA: The fifth domain

The book faces an essential contemporary issue: the definition of the limits of action, protection and use of cyberspace as a fifth operational domain, as well as in the measures to be taken to make this environment more secure. Using the term adopted by the US Department of Defense, the authors use practical experience to indicate an agenda that aims to create means to improve the defense of areas such as state security, economics, democracy and privacy.

Method for analysis of environmental lead contamination in soils.

A method for lead (Pb) detection in soil is presented. Pb is a dangerous environmental pollutant that is present in soils, posing a health risk to millions of people worldwide, and regular monitoring of Pb contamination in soils is essential to public health. Many sensitive methods for detection of heavy metals in solid matrices exist, but they cannot be performed on-site because they are costly (>$30 per sample), require trained personnel, and many classical sample preparation methods are not safe to bring into the field. We describe an alternative process, combining a safer sample preparation method with electrochemical analysis. The process requires minimal training, making it an attractive overall method for regular environmental screening of Pb in soils. Extract obtained from the soil is pH adjusted and analyzed using a stencil-printed carbon electrode and square wave anodic stripping voltammetry. In this work, a study of 15 neighborhood soils examining the concentration of Pb present post-extraction was performed to demonstrate the method. The limit of detection for the electrochemical analysis was calculated to be 16 ppb-well below the United States Environmental Protection Agency's action limit for Pb in soils (400 mg kg-1 or 4000 ppb)-and third party inductively coupled plasma-optical emission spectroscopy analysis validated the results obtained in this study to within ±17% on average.

An innovative non-targeted control system based on NIR spectral information for detecting non-compliant batches of sweet almonds

Nowadays, there is growing awareness about the need to develop new methodologies to fight against deliberate fraud. This study explored the use of near infrared spectroscopy (NIRS) as an instantaneous, non-targeted method for detecting non-compliant products; in this case, when used to detect sweet almond batches adulterated with bitter almonds. For this purpose, we simulated the adulteration of batches by preparing four different types of mixed samples which contained 5%, 10%, 15% and 20% of bitter almonds, respectively, using 90 samples of sweet almonds and 50 samples of bitter almonds. For each of the adulteration percentages, 21 samples were produced. The samples were analysed using the Aurora and the Matrix-F spectrophotometers. The procedure initially constructed the desired standard or target using only the spectral information provided by the sweet almond population (control population). To achieve this, after principal components analysis, the spectral warning and action limits were calculated using the n-dimensional statistic Mahalanobis global distance. Next, the spectral distances from the product standard defined for those samples not belonging to the control population, including the adulterated sweet almonds, were calculated and represented as Shewhart control charts. The implementation of NIRS technology throughout the almond supply chain enabled to identify 87% (73/84) of the adulterated sweet almond batches. These findings suggest that NIRS technology and the use of spectral distances could enable to establish an innovative, non-targeted control system based only on spectral information to assess almond batches. This system allows to carry out conformity tests both in situ and online of the batches of almonds received and processed in the industry, as well as establishing fast, cost-efficient anti-fraud alert systems, which would help to reduce the number of batches to be analysed by expensive and time-consuming confirmatory methods.

The influence of skiing and cycling on the coordination abilities of young athletes 10-11 years old

The article presents the indicators of physical fitness and coordination abilities of young athletes 10-11 years old. Under the influence of specific physical loads in accordance with the chosen kind of sport, data on speed and speed- power qualities were obtained, as well as the level of coordination abilities of young athletes of 10-11 years old. Objective. To determine the coordinating abilities of young athletes 10-11 years old during nine months of training in the chosen kind of sport. Skiing and cycling are extreme sports. But the material, technical, scientific and methodological support in these sports in Ukraine is at an insufficient level in comparison with Europe and America. Numerous studies have shown that the development of coordination abilities at a young age at the initial stage of long-term training must be combined with technical training.
 It is also noted that it is impossible at a young age to predict an athletic result in a chosen sport without taking into account the functional features and especially technical skill. At the present stage, there is no doubt that the high intensity of use in the training process of exercises that provide the maximum efficiency of specific exercises of a coordination orientation.
 At the same time, one-sided emphasis on technical training, especially at the initial stages of sports training, following the data of researchers, leads to limitation of motor actions. Therefore, our research is devoted to a relevant topic. The physical fitness testing of 10-11 year old sportsmen, carried out by us at the beginning and at the end, showed positive dynamics in all indicators. Statistical changes were determined in cyclists relative to skiers in pulling up on the crossbar, in raising the legs on the crossbar, in jumping over a log in 20 s, in long jump from a place (p <0,05). The training methodology introduced into the training process of young cyclists positively influenced the level of coordination abilities of young athletes of 10-11 years old. The growth rate turned out to be 8,4 % higher in walking on an 8-meter bench, by 7,0 % in the difference between a 15-meter run and a 15-meter slalom run, by 4,2 % in a 10-meter shuttle run 3 cubes each for cyclists relative to skiers.

An alternative containment policy: Curbing war and violence in a global society

War and violence seem to be unavoidable. The illusions concerning the globalization process are gone and global governance is almost just a reminder of the past. The competition among the superpowers, dissolution of states and societies in the Middle East and Africa, and the return of the crisis of the neoliberal world order from the margins to the center are all contributing to the emergence of new and violent conflicts at the international, intra-societal as well as the intra-communal levels. In the current hybrid warfare, the boundaries of state-to-state and non-state warfare as well as separating spheres of war and peace have been blurred. There is also a new dimension to the violence in terms of their extent and brutality, as evidenced by the civil wars in Africa and in the Middle East. In addition, a new arms race between the great powers has already started with respect to the conflicts between the US, Russia, China and India. Finally, if the “war on terror” is further narrowed to a purely military point of view, a worldwide conflagration will be ignited and a new cycle of war and violence unleashed. In response to the processes of disinhibition of war and violence, this article developed a conception of their containment through a sustained and ongoing process of curbing the same forces. The limits of war-like and violent action must be rediscovered, since unrestrained and unleashed violence is in the long run destructive to state, society and community. The leading perspective of this paper is that of a more peaceful world. Yet this perspective cannot be directly equated with peace, since, in order to reach this goal, non-peaceful, military means would be also employed. It calls for the expansion of non-military zones, the Kantian conception of democratic peace or Senghaas’s notion of the “civilizational hexagon”, and the military containment of the expansion of war and violence.