Separation Violations Research Articles

Separation Anxieties: A Comment on Weil’s Penalties for the Violation of Separation

Abstract Professor Weil’s thesis seems largely correct with respect to the United States, whose law on religious establishment I regularly teach. Funding is central to American debates over religious establishment. The fight over religious establishments in Virginia, which inspired both James Madison’s “Memorial and Remonstrance against Religious Assessments” and Thomas Jefferson’s “An Act for Establishing Religious Freedom,” was over whether persons could be forced to pay taxes to support religious instruction. Financial concerns were at the root of church-state debates in the nineteenth century, when Protestants repeatedly rebuffed Catholics who wanted funding for Catholic private schools. Many state constitutions still have what are known as mini-Blaine Amendments that forbid public funding for religious institutions. Whether proponents of a strong separation between church and state in the United States are fighting the same battles as proponents of a strong separation of church and state in France is nevertheless problematic. The French revolutionaries had to subordinate a reactionary church. The American revolutionaries merely had to negotiate peace treaties among the different sects that supported the Declaration of Independence. Separation of church and state in the United States is best conceptualized as a division of labor among liberal institutions rather than a means for purging anti-liberal religion from the liberal public sphere.

The Penalties for the Violation of Separation: A Comparison between the United States and France

Abstract How do the United States and France guarantee that their proclamations of non-establishment and separation are respected? These two countries employ different types of tools to preserve and protect separation, directly rooted in the contexts from which they differently emerged – the writing of the Constitution in the U.S. and the 1905 law of separation in France: fiscal or financial in the United States, penal in France. This article analyses in detail how these various tools have emerged and developed throughout the 20th century. Since the 1980s, increasing political and judicial struggles raised by the development of new minority faiths (namely Islam) in France and Christian fundamentalism in the U.S. have caused a\ quasi-abandonment of the tools protecting separation that has contributed to regressions, back to the regimes the framers of the Constitution in the United States and authors of the law of 1905 in France respectively sought to abandon: the establishment or the state control of religion.

An observational study on pedestrian and bicyclist violations at railroad grade crossings: Exploring the impact of geometrical and operational attributes

Introduction: In order to enhance the existing body of research regarding the prevalence of violations committed by pedestrians and bicyclists, this observational study utilized personal-specific, train-specific, operational, and behavioral data extracted from recorded videos at seven railroad grade crossings (RRGCs). Method: A total of 7,332 pedestrians and 1,684 bicyclist crossing events were observed during 279 gate operation phases at seven study locations. First, two separate violation models (binary logit) for pedestrians and bicyclists were developed to determine the influence of personal-specific characteristics and other behavioral traits on probability of pedestrians’ and bicyclists’ violation. Later, the impact of various geometrical (railway track, distance between gates, distance between gate and nearest track, and road width) and operational (train vehicle unit) parameters on the factors that caused non-motorist violations was examined by developing distinctbinary logit models. Results: The probability of pedestrians’and bicyclists’ violationwas found to be significantly influenced by train characteristics (train speed and train occupancy time), gate operational attributes (warning time and gate blockage duration), and personal-specificcharacteristics (gender, age, crossing speed, and looking both side). Furthermore, geometrical attributes along with train vehicle unit were observed to have impact over various factors that significantly influenced the behavior of pedestrians and bicyclists to violate. Practical Applications: The findings of this research provide essential information that could be applied in the initiatives of user awareness and enforcement program, emphasis on situational awareness and design of operational and geometricalelementsto significantlylimitthe effects of risky walking andbicycling behavior at RRGCs.

Webcam-Based Physical Distancing Prototype to Calculate Real-Time Distance by Applying Euclidean Distance

The Covid-19 virus has spread rapidly in Indonesia in recent years, significantly increasing the number of victims in the community. However, there is a lack of warnings for violators of physical distancing. This study aims to create a system as a solution to overcome the problems of implementing physical distancing protocols. Image capture media in the form of cameras were used to monitor human objects in crowded situations by tracking the movement of objects at regular physical distances. In this study, computer vision, image processing, and pattern recognition were used to construct the distance measurement between humans. Using a webcam by applying the Euclidean Distance and Haar Cascade methods, this system is intended to determine the distance between human-made objects. The results demonstrated that a digital image system employing the Haar Cascade and Eucludien Distance methods could make it easier to control the gathering point in a given area. Researcher has developed a software usage assistance feature for use with this application. Based on the findings of the study, the accuracy of this system was evaluated using 100 trials, with a succes rate of 100% since the system resulted correct notification in all trials. In addition, this digital image system is anticipated to assist developers and the general public in controlling gathering locations that do not adhere to established health protocols, allowing violations of physical separation to recognize their errors when captured on camera immediately.

Improving AC Microgrid Stability Under Cyberattacks Through Timescale Separation

The reliance on communication in the secondary control of converter-based microgrids leaves them vulnerable to multiplicative false data injection attacks (FDIAs) that maliciously amplify communicated signals, disrupting the synchrony of the sources. In this brief, we identify the root cause of susceptibility to be the violation of timescale separation between the primary and secondary control layers. We leverage this finding to directly improve the system resilience to such attacks without the need to detect and nullify the attack vector, eliminating the need for additional sensors and communicated signals solely for resilience. Specifically, a fixed-design lag compensator added to the voltage consensus controller to enforce timescale separation is shown to increase the instability threshold for the tampered signals by over 300 times, using a representative case study.

CURRENT PROBLEMS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY.PART II. REGARDING THE NUMBER OF ADMINISTRATIVE VIOLATIONS IN THE PUBLIC PERFORMANCE OF A RECORDING OF A MUSICAL WORK IN VIOLATION OF THE COPYRIGHT AND RELATED RIGHTS ACT

The article examines issues related to administrative liability in the event of a violation of the right to public performance of recordings of musical works and, more specifically, whether the performance of an individual recording constitutes a separate violation, or whether the violation is one, regardless of the number of publicly performed recordings in violation of the Copyright and Related Rights Act. Due to the setup of contradictory court practices, the above question became the subject of interpretative case No. 4/2022 of the Supreme Court of Appeal. This article was prepared based on an opinion presented in the interpretative case, which substantiates the understanding of only one, and not separate, violations.

Importance sampling for probabilistic prognosis of sector-wide flight separation safety

This study develops a probabilistic simulation methodology for the en-route safety assessment of multiple aircraft flying within an airspace sector. This assessment is affected by multiple sources of uncertainty, such as external inputs such as wind gust, internal factors such as aircraft component failure, and model errors (e.g., in the aircraft dynamics model) and variability in observed trajectories. The concern is to evaluate whether any pair of aircraft fail to maintain a minimum required lateral separation, and the safety assessment problem involves the prognosis of separation violations between all possible aircraft pairs within the sector, over a duration of interest. Some of the uncertainty sources are modeled as random variables and others as random processes. We combine two deterministic trajectory prediction models – the kinematics-based Generalized National Airspace Trajectory-Prediction System (GNATS), and the dynamics-based Base of Aircraft Data (BADA) – to formulate a probabilistic aircraft dynamic model which also includes model errors as additional external inputs. A computationally efficient importance sampling-based scheme is developed for this safety assessment problem involving a large number of aircraft. This approach is demonstrated using historical flight data, for aircraft operating in the Houston air traffic sector.

Article II Judges: Section 238's Violation of Separation of Powers

Article II Judges: Section 238's Violation of Separation of Powers

The Anticompetitive Concerted Actions Design in Russian Antimonopoly Legislation: Theoretical Aspects and Practice of Applying the Rules

The Russian antimonopoly legislation establishes prohibitions in relation to various types of anticompetitive behavior of economic entities, including concerted actions that the legislator considers as a separate violation of antimonopoly legislation. Despite the existence and application of norms regarding the prohibition of concerted actions, there is no unity among scholars and practitioners in understanding both the very need for a prohibition of concerted actions in the legislation, and the essential features of this offense. Serious theoretical and practical problems also arise in the delimitation of concerted actions and another kind of anticompetitive behavior, namely: agreements that restrict competition. The paper concludes that the literal meaning of the term “concerted actions” does not correspond to the content of the normative regulation of this prohibited behavior, since concerted actions as a legal category represents a part of the more general concept of “agreement." There is also a lack of uniformity in differentiating competition-restricting agreements and concerted actions. The author argues that it is necessary to correct the name of such an offense as concerted actions and some of its signs, while generally maintaining the corresponding prohibition in the antimonopoly legislation.

Factorization at subleading power and endpoint-divergent convolutions in h \u2192 \u03b3\u03b3 decay

It is by now well known that, at subleading power in scale ratios, factorization theorems for high-energy cross sections and decay amplitudes contain endpoint-divergent convolution integrals. The presence of endpoint divergences hints at a violation of simple scale separation. At the technical level, they indicate an unexpected failure of dimensional regularization and the overline{mathrm{MS}} subtraction scheme. In this paper we start a detailed discussion of factorization at subleading power within the framework of soft-collinear effective theory. As a concrete example, we factorize the decay amplitude for the radiative Higgs-boson decay h → γγ mediated by a b-quark loop, for which endpoint-divergent convolution integrals require both dimensional and rapidity regulators. We derive a factorization theorem for the decay amplitude in terms of bare Wilson coefficients and operator matrix elements. We show that endpoint divergences caused by rapidity divergences cancel to all orders of perturbation theory, while endpoint divergences that are regularized dimensionally can be removed by rearranging the terms in the factorization theorem. We use our result to resum the leading double-logarithmic corrections of order {alpha}_s^n{ln}^{2n+2}left(-{M}_h^2/{m}_b^2right) to the decay amplitude to all orders of perturbation theory.

Perceptual learning produces perceptual objects.

In their seminal study of chess expertise, Simon and Chase (Chase & Simon, 1973; Simon & Chase, 1973) proposed that perceptual learning was a necessary component of skill acquisition. In their view, acquisition of skill results from the strategic use of learning at multiple levels to adaptively overcome inherent limitations. The knowledge acquired by way of perceptual learning that supported increasingly sophisticated perceptual discrimination processes, according to Simon and Chase, was referred to as a chunk. The chunk was conceptualized as a meaningful complex set of features that abstracted the notion of a perceptual object. Simon and Chase further suggested that meaningful combinations of chunks could be combined to form configurations (Simon & Chase, 1973, p. 399). The present study addresses this idea by framing the notion of a chunk in terms of two formal metatheories, one that addresses representation (Ashby & Townsend, 1986) and one that addresses processing (Townsend & Nozawa, 1995), and tests the prediction that perceptual learning produces organized perceptual objects (chunks). Two experiments combine behavioral and electroencephelographic (EEG) measures to show that perceptual learning produces (a) a shift from perceptual independence and separability to violations of separability, and (b) shifts from limited-capacity serial processing to supercapacity parallel processing. The evidence from both experiments is strong and consistent: perceptual learning does indeed induce chunking-the production of perceptual objects, and the foundation of perceptual expertise. (PsycINFO Database Record (c) 2020 APA, all rights reserved).

Potential safety occurrences as indicators of air traffic management safety performance: A network based simulation model

This paper presents a Network Based Simulation Model developed with the objective of assessing novel safety performance indicators of the future Air Traffic Management system. A set of seven safety performance indicators is proposed based on Potential Safety Occurrences. Developed model contains three modules: separation violation detection module, TCAS activation module and risk of conflict assessment module. It was tested with planned flight trajectories crossing French and FABEC airspace during 24 h, covering several ATM improvement scenarios and different traffic demand levels. Results show capabilities to calculate certain safety performance indicators and to provide valuable safety feedback to traffic and airspace planners. Also, benefits of different ATM improvements to ATM safety performance have been estimated.

Disqualifying Immunity: How Qualified Immunity Exacerbates Police Misconduct and Why Congress Must Destroy It

The United States is currently in the “post-Ferguson” era of the fight for civil rights—an era defined by calls for criminal justice reform, police accountability, and radical revolution of law enforcement. This era, much like its predecessors throughout American history, is perpetuated when police are not held accountable for violating constitutional rights. Qualified immunity is a defense asserted by executive officials, including police, to claims of constitutional violations brought against them under 42 U.S.C. § 1983. The defense prevents the judiciary from protecting those constitutional rights. Commentators have recognized that qualified immunity hinders community-police relationships and police accountability efforts in America. In order to argue for the defense’s dissolution, some have suggested the U.S. Supreme Court unconstitutionally created the defense in violation of separation of powers principles. Others have argued that the judiciary is the best branch qualified to change or destroy the defense. However, the author argues that Congress, and not the Court, should change, if not destroy, the defense. Both statutory stare decisis and congressional assent to the defense protect it from meaningful change by the Court. Furthermore, Congress is better situated to address the political concerns that accompany problems caused by qualified immunity. The author provides Congress with compelling reasons to overrule the Supreme Court’s qualified immunity doctrine with statutory condemnation of the defense—including an analysis of the history and purpose of both 42 U.S.C. § 1983 and the defense’s adoption as well as the history of racial protests and public outcry in response to police misconduct and governmental failure to hold police accountable. The author argues that complete dissolution of the defense accompanied by a requirement that officers hold individual liability insurance best satisfies the purposes of 42 U.S.C. § 1983 and resolves police accountability concerns.

Letts (Not) Make This Work! Why Stare Decisis Workability Should Be a Sword but Not a Shield

A factor of the United States Supreme Court’s stare decisis test, workability differentiates precedential rules that have proven easy for lower courts to apply in a consistent and fair manner from those that have not. This note addresses the question of whether workability is a legitimate reason for retaining a given interpretation of a statute. The Note begins by providing an illustration of what this Note will sometimes refer to as the “preservative use” of workability. The Note then lays out the history of workability as a consideration of stare decisis and describes how the factor has changed in recent decades. In so doing, its focus is on workability in the context of statutory interpretation. In order to explain the background and development of the factor, however, it is necessary to discuss specific cases in which the Supreme Court has applied workability in the context of constitutional interpretation. The two contexts must be differentiated for purposes of this Note because the thesis of this Note—i.e., that preserving an incorrect interpretation of a statute because of its relative workability violates separation of powers—has no parallel when a court interprets a constitution because in that case there is no inherent infringement on legislative power. This Note then explains why the change toward using workability to preserve erroneous precedent is not required logically, contravenes the basic purposes of stare decisis, and is constitutionally invalid as a violation of separation of powers. Finally, this Note proposes a new way to articulate the stare decisis test that does not discard workability as a consideration but precludes the preservative use criticized by this Note.

A judicialização da saúde: as decisões do Supremo Tribunal Federal frente ao princípio da separação dos poderes

Resumo: Introdução: A Constituição Federal de 1988, ao qualificar a saúde como um direito fundamental, de acesso universal e igualitário, e dever do Estado, e ao estabelecer a participação do poder judiciário diante de ameaça ou lesão ou aos direitos fez surgir a chamada judicialização da saúde: a interferência desse poder em questões que, primariamente, seriam da competência dos poderes executivos e legislativos. O artigo objetivou identificar o posicionamento do Supremo Tribunal Federal (STF) quanto à interferência do Judiciário diante do princípio da separação dos poderes. Metodologia: Tratou-se de pesquisa qualiquantitativa, de caráter descritivo e analítico, das decisões judiciais proferidas pelo STF, de junho de 2009 a junho de 2015, em sede recursal, de ações cujos objetos pleiteados versavam sobre ações ou serviços de saúde. Resultados e discussão: A análise das decisões demonstra: aumento das demandas de saúde levadas à Suprema Corte em 2014 e 2015; predominância de demandas de assistência farmacêutica e insumos; tendência do Estado de alegar como razões do recurso a violação da separação dos poderes e grave lesão à ordem pública; o entendimento pacificado do STF quanto à matéria. Conclusão: Para o STF a intervenção do Judiciário nas políticas públicas de saúde não fere o princípio da separação dos poderes, nem gera lesão à ordem pública, pois a garantia e efetivação do direito à saúde é responsabilidade do Estado, seja qual for a esfera e a abrangência de suas funções, sendo inadmissível, dentro do modelo constitucional adotado, qualquer dos poderes eximir-se dessa obrigação.

Метод оптимального розв’язання групових конфліктних ситуацій між повітряними суднами у тривимірному просторі

Мета: В сучасних умовах високої динамічності і щільності повітряного руху значно зростає небезпека критичного зближення відразу декількох повітряних суден і виникнення групових конфліктних ситуацій. Актуальною проблемою є розробка методів оптимального розв’язання групових конфліктних ситуацій, які повинні забезпечувати синтез безконфліктних траєкторій у тривимірному просторі. Методи: Розроблено метод оптимального розв’язання групових конфліктних ситуацій із застосуванням маневрування зміною курсу, швидкості та висоти польоту. Критеріями оптимальності визначені регулярність, економічність польотів і складність маневрування. Метод полягає у послідовному синтезі множини Парето-оптимальних комбінацій безконфліктних траєкторій сукупності повітряних суден з використанням дискретного багатокритеріального динамічного програмування та визначенні оптимальної комбінації із застосуванням із застосуванням згортки критеріїв оптимальності. В рамках методу визначено: процедуру формування безконфліктних комбінацій станів сукупності повітряних суден, які визначають комбінації Парето-оптимальних траєкторій; обмеження, які накладаються при дискретизації процесу розв’язання конфлікту для забезпечення відсутності неспостережуваних порушень ешелонування. Результати: Дослідження запропонованого методу виконано шляхом комп’ютерного моделювання, результати якого показали, що синтезована комбінація безконфліктних траєкторія забезпечує усунення групової конфліктної ситуації та відповідає встановленим критеріям оптимальності. Обговорення: Запропонований метод може бути використаний при розробці нових автоматизованих систем управління повітряним рухом, бортових систем попередження зіткнень, інтелектуальних тренажерів керування повітряним рухом та для проведення наукових досліджень.

$\rho $-Meson Form Factors in the Point Form

We present a calculation of the electromagnetic form factors of the $\rho^+$ meson. Our formalism is based on the point-form of relativistic quantum mechanics. Electron-$\rho$-meson scattering is formulated as a coupled-channel problem for a Bakamjian-Thomas mass operator, such that the dynamics of the exchanged photon is taken explicitly into account. The $\rho$-meson current is extracted from on-shell matrix elements of the optical potential of the scattering process. As a consequence of the violation of cluster separability in the Bakamjian-Thomas framework, our current includes additional, unphysical contributions, which can be separated from the physical ones uniquely. Our results for the form factors are in good agreement with other approaches.

Making Case-Based Decision Theory Directly Observable

Case-based decision theory (CBDT) provided a new way of revealing preferences, with decisions under uncertainty determined by similarities with cases in memory. This paper introduces a method to measure CBDT that requires no commitment to parametric families and that relates directly to decisions. Thus, CBDT becomes directly observable and can be used in prescriptive applications. Two experiments on real estate investments demonstrate the feasibility of our method. Our implementation of real incentives not only avoids the income effect, but also avoids interactions between different memories. We confirm CBDT's predictions except for one violation of separability of cases in memory. (JEL D12, D81, R30)

The impact of common mild hypothermia on structural organization of the articular cartilage of lumbar spine fascets in rats

Hypothermia, depending on its duration and severity leads to structural and functional disturbances of bone tissue, which is closely related to the articular cartilage. Objective: To study the structural organization of the articular cartilage of facet joints of the lumbar spine in rats s after hypothermia modeling. Methods: for mild hypothermia modeling white laboratory male rats aged 6 months retained for 5 days in the single cold chamber (–20 °C) for 5 hours daily. Control animals were kept at a tem­perature of 18–20 °C. Articular cartilage is examined after 1, 7, 14 and 28 days after cessation of cold exposure using histology methods. Results: decline in body temperature to 2.29 °C in the experimental rats on day 5 compared to the beginning of the experiment shows the development of mild hypothermia by the classification of J. Tuli. It was found a negative impact of general light hypothermia on the articular cartilage of facet joints. At all stages of the research in the articular cartilage found destructive changes — decrease in chondrocyte density in all areas of the cartilage, the appearance of a cell or nucleus pyknosis and lysis, matrix separation, cracks, erosion and cysts violation basophilic line. It is noted violations of the struc­tural organization of the subchondral bone. After 14 and 28 days in the articular cartilage of experimental animals revealed a mi­nor reduction processes, as evidenced by the emergence of large chondrocytes with hypochromic nuclei and basophilic cytoplasm and indicated the biosynthetic activity of these cells. However, the destructive changes in the articular cartilage and subchon­dral bone prevailed and on these terms. Conclusion s : The overall mild hypothermia may be the cause of osteoarthritic changes in the articular cartilage of facet joints, especially in the elderly, which could affect the structural organization of the intervertebral disc.

Discrete Symmetries CP, T, CPT

The role of Symmetry Breaking mechanisms to search for New Physics is of highest importance. We discuss the status and prospects of the Discrete Symmetries CP, T, CPT looking for their separate Violation in LHC experiments and meson factories.