Relief Law Research Articles

Research on the pressure relief law of diamond beaded rope saw cutting seam: a numerical investigation

As a new technology to mitigate the high outburst risk of the low permeability coal seam, it is essential to delve deeper into the law and mechanism of pressure relief associated with the diamond beaded rope saw slotting. The paper presents a numerical calculation model under small size that is based on the superimposed beam theory and the contact surface model. The model is compared with the experimental results of similar models in the laboratory to verify its applicability for simulating the numerical calculation of stress distribution in coal seam cut by diamond beaded rope saw. The study then goes on to investigate the influence of coal seam inclination, working face length, coal seam hardness, and seam advancing distance on the pressure relief effect of diamond beaded rope saw cutting seam under engineering scale. The mechanism of the diamond beaded rope saw cutting seam is also analyzed. The results indicate that the diamond beaded rope saw effectively reduces pressure in low permeability coal seams, with the impact range extending to the slit area. Additionally, stress concentration was observed at the front of the slit. Increasing the inclination of the coal seam, working face length, and advancing distance of the cutting seam enhances the pressure relief effect of the diamond beaded rope saw. The latter two factors’ influence is reflected in the direction along the working face and the direction of mining advance, respectively. The efficacy of pressure relief through this particular method is comparatively better in soft coal than in hard coal. This research is significant in promoting the widespread application of diamond beaded rope saws in the pressure relief of coal seam cutting.

An Exploration of Changes in British Welfare Social Policy in the First Half of the Twentieth Century through Bourdieu's Theory of Field and Habitus

The question of how to transcend the dichotomy between subjectivity and objectivity is a central one in contemporary sociological theory. Bourdieu advocates habitus as a cognitive framework that embodies an individual's practical understanding of society. Such practices consist of structures and habits, and social behaviour is not directly determined by structures, but is indirectly influenced by habitus as an 'embodied mode'. Habits, as 'opportunities for the subject', act as constraints on the formation of structures and contribute to their reproduction. The welfare policy of Britain has experienced the transformation from solving the problem of the poor with a single welfare policy of relief law to the establishment of national economic law, which is continuously amended according to the native welfare policy habitus, thus affecting the welfare policy field and realising the two-way constraints of the field and habitus.

Protect or punish debtors? Policymaker discourse on the state’s role in personal debt governance

ABSTRACT Personal debt is a device increasing one’s agency but embedded within moral and legal frameworks that constructs people as individualised financial subjects. This article aims to enrich research on the state role in (subject) financialisation through a focus on personal debt governance modes as constructed in policymaker discourse on the state role in personal debt regulation. Our argument is contextualised in the Czech Republic, where, in 2021, 10 per cent of the adult population faced legal debt enforcement, significantly disrupting their economic situation. Through an analysis of 84 parliamentary debate transcripts and 32 regulatory impact assessment documents related to consumer credit and debt relief laws, we illustrate the ambivalence and complexity of debt governance and state roles. Although two main state roles were enacted – punitive and protective – the policymaker discourse forms a continuum of sorts, blending various moral logics, ascribing multiple responsibilities (individual, state and private actors) and intensively negotiating the category of debtor deservingness. We argue that by accenting financial education as a tool to solve perceived market failures (predatory lending), the financialised logic and structures are reaffirmed, albeit leaving certain discursive spaces for renegotiation and potential resistance against such state functions.

Racial equity in eligibility for a clean slate under automatic criminal record relief laws

AbstractStates have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record relief, racial equity in eligibility for a clean slate has not yet been examined. We find that in California, one in five people with convictions met criteria for full conviction relief under the state's automatic relief laws. Yet the share of Black Americans eligible for relief was lower than White Americans, reproducing racial disparities in criminal records. We identify two policy amendments that would reduce the share of Black men in California with convictions on their criminal records from 22% to 9%, thereby narrowing the difference compared to White men from 15 to seven percentage points. Put another way, an additional one in seven Black men currently has a conviction record, compared to their White counterparts. This would decline to an additional one in 14 if both hypothetical policy amendments were incorporated. We close with discussion of criminal history data quality limitations, which pose a second key challenge to equitable implementation of automatic criminal record relief reforms nationwide.

Migrants, Vagrants, and the Making of the Anthropocene

Migrants, Vagrants, and the Making of the Anthropocene

China’s Public Interest Environmental Litigation and the U.S. Citizen Suit Model

Abstract China’s economy has boomed as various industries have continued to develop, but this activity has been at the expense of environmental quality and public health that have resulted in severe problems for several decades. In addition to the establishment and adoption of mainstream environmental governance tools, Chinese attorneys and environmental NGO s (ENGO s) have consciously conducted Chinese-style citizen suit experiments since 2010 based on the fruitful private enforcement experience of ENGO s in the United States. These initiatives are known as the environmental public interest litigation (EPIL) mechanism in China. The ENGO EPIL mechanism was officially established in 2015 as a significant legal breakthrough that authorises ENGO s to file lawsuits to complement and improve environmental law enforcement. However, this article argues that the Chinese EPIL provisions include some unnecessarily stringent procedural requirements and lack some of the essential procedures compared with the United States archetype. Chinese ENGO s have not been authorised to take action to ensure that oversight by government agencies in their administrative actions is adequately undertaken. China’s forward-looking ENGO s have struggled to survive and have recently slowed down in their activities. Public participation and private enforcement have also become effectively powerless. Overall, it is argued that the Chinese ENGO EPIL system has created more problems than it has solved. After comparing the theoretical and procedural distinctions between China’s ENGO EPIL and the United States citizen suits in detail, the article presents some recommendations for specific legislation and implementation for the Chinese legislature. These include a comprehensive Environmental Public Interest Relief Law that integrates and compiles various applicable regulatory instruments. The recommendations are intended to assist in systematically realizing and regulating ENGO EPIL actions while at the same time promoting the primary role of the government in environmental administrative enforcement.

Enacting the Military Relief Law and Foundation of the Welfare Administration: Focus on the Commission to a Private Organization

Enacting the Military Relief Law and Foundation of the Welfare Administration: Focus on the Commission to a Private Organization

Racial Equity in Eligibility for a Clean Slate under Automatic Criminal Record Relief Laws

Racial Equity in Eligibility for a Clean Slate under Automatic Criminal Record Relief Laws

Investment asset allocation in response to tax relief for mutual funds: The case of South Korea

This study examines whether the management style of a fund differs depending on the type of fund being managed for tax purposes, given the rules of temporary tax relief for fund investments. The study considers a change in the ratio of tax-favored assets to the net asset value of a tax relief qualified fund around the effective date of tax relief laws in South Korea in 2007 and 2016. A regression model is used to test sample data from domestic and overseas equity funds available in the three months before and after the 2007 and 2016 Restriction of Special Taxation Act came into effect. It was found that the ratio of the value of tax-favored assets to the net asset value in the tax relief qualified fund increased significantly since the enactment of tax relief laws in both 2007 and 2016. These findings suggest that fund managers may try to change the asset allocation in a managed fund to increase the after-tax return of the fund investor, which means that fund managers do take into account the potential tax burden on fund investors and try to minimize it. AcknowledgmentThis work was supported by the Ministry of Education of the Republic of Korea and the National Research Foundation of Korea (NRF- 2019S1A5A8035027).

Reregulating Indonesian Stock Buyback: A Lesson From United States

This article compares the corporate income tax cuts enacted by the Indonesian COVID-19 Relief Law and the US Tax Cuts and Jobs Act. It investigates the correlation between the tax cuts in the Tax Cuts and Jobs Act, economic development, and share repurchases in the US. It seeks to identify appropriate limitations on share repurchases in Indonesia following the enactment of the COVID-19 Relief Law. This research was carried out using the juridical normative method by tracing the literature and laws concerning share repurchase arrangements in Indonesia and the US. The results show that there is a slight positive correlation between the reduction of corporate income tax and economic development in the US and that the US income tax cuts have caused significant growth in share repurchases. After the enactment of the Indonesian COVID-19 Relief Law, which also reduced corporate income taxes, Indonesia may be on the verge of extensive share repurchase activity, as occurred in the US. To tackle this problem, we recommend amending Law No. 40 of 2007 concerning limited liability companies to re-regulate the restriction on share repurchases.

Criminal Record Relief for Human Trafficking Survivors: Analysis of Current State Statutes and the Need for a Federal Model Statute

This Note defines criminal record relief and analyzes the effectiveness of three state criminal record relief statutes at protecting trafficking survivors. This analysis is based on State Report Cards: Grading Criminal Record Relief Laws for Survivors of Human Trafficking by Polaris, a leading human trafficking nonprofit. It next discusses the absence of federal criminal record relief and how a statute at the federal level could provide relief for survivors with federal convictions while simultaneously providing a model for states to ensure their statutes incorporate best practices for record relief moving forward. This Note then discusses how Polaris’s report stops short of providing a model statute for states to draw from. Finally, this Note provides a best practice statute based on Polaris’s evaluation criteria and recommends it be added as an amendment to the Trafficking Victims Protection Act.

Diluvial nation: building imperial Japan through floods

PurposeThis article assesses the development of flood relief and recovery, and their narratives, as political sites for the central and local governments to negotiate each other's standing and role in imperial Japan.Design/methodology/approachThe article examines local flood narratives, most prominently from Okayama, to assess how imperial Japan's central government intruded into the periphery through disaster relief, and how the localities negotiated and challenged Tokyo's political agenda on the ground and through these narratives.FindingsThe above sources reveal that the national government attempted to use flood experiences to unite the pluralizing society by three main means: building meteorological stations, relief laws, and through the imperial being. The process was systematized gradually, and local prefectures aided and challenged Tokyo's attempts. The prefectures also used disasters to try to bring unity within their community.Originality/valueHistorical flood narratives are often used to mine data from which future preventative and management measures are constructed. The article suggests the narratives' political nature, and hence the nuances that must be considered in these efforts.

Numerical Study on Stress Relief and Fracture Distribution Law of Floor in Short-Distance Coal Seams Mining: A Case Study

During the mining process of short distance coal seams group with high gas content, excavation of the protective coal seam will result in stress relief and fracture development which provides pathways for gas migration. Gas stored in the lower coal seam moves along the mining-induced fracture to the floor of the upper working face, which may cause the gas over-limit at the upper coal seam. This paper takes the short distance coal seams group in Xinghua coal mine as an example, theoretical analysis, numerical simulation and field monitoring are comprehensively applied to study the floor failure mechanism, pressure relief law and dynamic evolution of cracks induced by the mining of the second-right working face. The results showed that as the upper coal seam gradually advances, the pressure relief angle of roof and floor gradually decreases, and the pressure relief range and floor failure depth gradually increase. After the working face of the upper coal seam is advanced 100 m, the range of the pressure relief in the surrounding coal and rock masses approaches stable; the cracks in the shallow depth are mainly with small angles or type II shear cracks, and the cracks in the large depth are mainly shear-expansion with lager angles, and the amount of fractures in the floor reduces with the increase of the depth of the floor. It was found that the mining-induced fractures in the floor is distributed in the shape of an “O” ring, and as the working face advances, the range of this “O”-shaped crack circle keeps moving forward but the width of the crack circle is basically unchanged. Finally, the low-level drilling field was used to control the gas from lower coal seams according to the stress relief and fracture distribution law, which achieved satisfied application effect and provided guidance for mine gas extraction in similar mining conditions.

COVID‐19 Relief Law Update

Bruce R. Hopkins' Nonprofit CounselVolume 37, Issue 7 p. 4-4 Articles COVID-19 Relief Law Update First published: 10 June 2020 https://doi.org/10.1002/npc.30737Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume37, Issue7July 2020Pages 4-4 RelatedInformation

COVID‐19 Relief Laws Benefit Nonprofit Organizations

Legislation creating a $2.2 trillion economic stabilization package to combat the COVID‐19 pandemic became law on March 27, when President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116‐136). This was the third, and most massive, COVID‐19 emergency relief act passed by Congress in March. There are several features of the act of direct interest and import to nonprofit organizations.

Secondary Gob-side Entry Retaining Technology with Double Side Roof Cutting and Pressure Relief in Thin Coal Seam

In order to solve the problems of stress concentration and large deformation of surrounding rock of secondary gob-side entry retaining in thin coal seam caused by hard overhanging roof, the method of cutting off overhanging roof on both sides of roadway by manual pre-cutting seam is adopted. It can transfer high stress to goaf on both sides of roadway and reduce roadway deformation. The mechanism of roadway formation, the conditions of double side overhanging roof subsidence and the stress reduction of roadway side support of secondary gob-side entry retaining after double side roof cutting are given. This paper studies the pressure relief law of secondary gob side entry retaining after double side roof cutting in thin coal seam. After double side roof cutting, the stress of roadway side support is reduced by 76%, the maximum vertical displacement of roof is reduced by 84%, and high stress is transferred to goaf. The influence of different double side roof cutting thickness and angle on the pressure relief effect is analyzed. On the premise that the collapsed gangue can fill the goaf, the smaller the thickness of double side roof cutting is, the better the pressure relief effect is, and the greater the double side roof cutting angle is, the better the pressure relief effect is. It has been successfully applied in the left five roadway of No. 69 coal seam in Xinqiang coal mine, and the deformation of roof and floor is reduced by 47% and the deformation of two sides is reduced by 56% after double side roof cutting. It has important reference value for the future secondary gob-side entry retaining.

Protecting Sex Trafficking Victims Through Expungement and Vacatur Statutes: Will Virginia Join the Rest of the Nation?

The Virginia General Assembly is making great headway in the fight against sex trafficking, and for that it should be commended. But it is lacking in one key area – enabling victims to expunge or vacate certain offenses from their records. By the very nature and definition of the crime, sex trafficking victims are forced to engage in activity. But rather than identify these individuals as victims in need of care, law enforcement often mistakenly processes them as criminals. With prostitution and related convictions on their records, sex trafficking survivors face significant barriers to obtaining housing, employment, public benefits, etc. Thankfully, there is a solution. Known as criminal record relief laws, these laws enable sex trafficking victims to clear their records of certain offenses that occurred as a result of their being trafficked. While the statutes vary significantly across the states with respect to procedure and substance, all but six states have passed some form of record relief law. Virginia is one of those six states, and Virginia also lacks other key protections for victims like an affirmative defense to prosecutions for prostitution. The Virginia General Assembly must act now and pass a record relief law to protect sex trafficking victims.

Seeking specific relief in cases of Islamic banking in Malaysia – an analysis

PurposeOften, the application of specific relief to Islamic banking is unspoken and unwritten. However, few studies suggest that legislation on specific relief needs amendment to cater for the effective application of Islamic banking and finance in the country and proposing the idea to introduce an Islamic Specific Relief Act. This paper aims to understand the application of specific relief to Islamic banking in Malaysia. This paper will look at the application of specific relief in Malaysia and discuss the extent of its application to Islamic banking cases reported in Malaysia from 1983 to 2015. The study will shed light on the general types of specific relief from Malaysian and Islamic law perspectives to conclude whether the provisions of Malaysian specific relief law invoked in courts in Islamic banking cases are in line with the general principles of Sharīcah. To further support this, evidence from various commercial civil codes of Muslim countries have been discussed to analyse these provisions from a more practical perspective.Design/methodology/approachThis is a legal exploratory study primarily focussed on library research.FindingsWhen it comes to Islamic banking, federal legislations dealing with commercial matters are applicable. For example, in Islamic banking products, if the land is the subject matter, then National Land Code 1965 shall be applied, and when dealing with Islamic banking agreements, the provisions of Contracts Act 1950 shall be followed. This has been highlighted as a problem faced by Islamic financial services in the case of Tan Sri Abdul Khalid Ibrahim v. Bank Islam Malaysia Berhad and other cases where the judge referred Engku Rabiah and quoted that in Islamic banking transactions, “the transactions entered by the parties may be Sharīcah-compliant in the first place, but upon enforcement of the contracts, the court may make orders and decisions that may side line the Islamic legal principles”. This happens when the substantive laws applicable to Islamic banking are incompatible with Islamic law. Fortunately, the analysis of the relevant sections of Specific Relief Act 1950 in this research proves that the provisions reviewed are in line with Sharīcah. However, to further enhance the operation of specific relief, the granting of specific relief could be made a general rule rather than an exceptional rule available with stringent rules. The research revealed that Specific Relief Act (1950) is expressly referred and discussed only in three cases reported from 1983 to 2015. There are only two specific sections of Specific Relief Act (1950) that have been deliberated in the reported case law on Islamic banking: provisions related to granting of a mandatory injunction and specific performance of contracts.Originality/valueIt is anticipated that this paper will assist to comprehend the importance of converging law and Sharīcah in legislations to attain Sharīcah compliance and will help to realise that not all conventional legislations are Sharīcah non-compliant.

Lex Sequitur Equitatem: Fusion and the Penalty Doctrine

Since an early article of Professor Brian Simpson’s, the opinion of historians and lawyers has been that the penalty doctrine which disallows the enforcement of penal stipulations in voluntary transactions derives from a fusion of law and equity. Specifically, the doctrine derives from ‘fusion by convergence’: the independent development by separate courts of law and courts of equity of similar rules concerning relief from penalties. Under Simpson’s account, the penalty doctrine has become a model of the fusion of law and equity dating to the life of equity’s ‘father’, Lord Nottingham. On that account, after transacting parties began using them in the fourteenth century, English law condoned the use of penalties in voluntary transactions for upwards of one century. Slowly the Court of Chancery found situations in which it would be inequitable to condone the penalty: at first because of special circumstances, later simply because the penalty was a penalty. The common law soon followed, inverting the maxim aequitas sequitur legem. By the last quarter of the seventeenth century, the common law courts routinely relieved against penalties, and by the turn of the nineteenth century had taken over the bulk of such litigation. The penalty doctrine became a common law doctrine solely or nearly so. Half a century after its publication, Simpson’s thesis requires examination. This paper suggests that Simpson’s account and the current understanding that flows therefrom are false. On the basis of a fuller examination of printed and unprinted reports and manuscript sources of the Court of King’s Bench and Court of Chancery than previously made, this paper redraws the account of the development of the penalty doctrine. The evidence shows that: penalties were routinely enforced in common law courts until the end of the eighteenth century; all “common law” relief in the royal courts depended on statutes under which the judges applied equitable principles borrowed from the Court of Chancery; reliance on statutory power to grant relief at common law continued after 1875 in “Judicature Act courts”; but the repeal of those statutes means that the only source of principle for relief from penalties in England today are principles of equity. Simpson’s suggestion that the penalty doctrine is a product of “fusion” is mistaken: in the modern period, there has been no judge-made common law of relief from penalties with which the equitable doctrine could fuse. As Parliament has directed that those equitable principles shall continue to apply, fusion is a distraction from the application and development of the (equitable) penalty doctrine.

Techniques in International Law-Making: Extrapolation, Analogy, Form and the Emergence of an International Law of Disaster Relief

This article traces the emergence of an international law of disaster relief from a patchwork of norms through to a holistic body of international law. It argues that, for many years, the international law of disaster relief existed in piecemeal fashion. As there is no overarching treaty on the subject at the global level, a hodgepodge of instruments have been concluded, namely subject-specific and disaster-specific treaties at the global level, regional and sub-regional agreements, bilateral agreements, as well as soft law. Since the 2000s, however, through the work of the International Law Commission and the International Federation of the Red Cross and Red Crescent, a holistic body of international law relating to disaster relief is in the process of emerging. The Article argues that this holistic body is in the process of emerging primarily as a result of three techniques which, while unconventional, are used relatively frequently in the making of international law. The three techniques are: (1) extrapolation from a series of piecemeal instruments to form a generalized standard; (2) the use of analogy; and (3) the conclusion of instruments that are soft in form but contain a mixture of hard law and soft law. The way in which the techniques have been used to develop a body of international law relating to disaster relief is analysed, their use in other fields of international law discussed, and limitations on their use in the disaster law context identified.