Shape Of Law Research Articles

Internal dark matter structure of the most massive galaxy clusters since redshift 1

We investigate the evolution of the dark matter density profiles of the most massive galaxy clusters in the Universe. Using a ‘zoom-in’ procedure on a large suite of cosmological simulations of total comoving volume of 3 (h-1 Gpc)3, we study the 25 most massive clusters in four redshift slices from z ~ 1 to the present. The minimum mass is M500 > 5:5 × 1014 M⊙ at z = 1. Each system has more than two million particles within r500. Once scaled to the critical density at each redshift, the dark matter profiles within r500 are strikingly similar from z ~ 1 to the present day, exhibiting a low dispersion of 0.15 dex, and showing little evolution with redshift in the radial logarithmic slope and scatter. They have the running power law shape typical of the NFW-type profiles, and their inner structure, resolved to 3:8 h-1 comoving kpc at z = 1, shows no signs of converging to an asymptotic slope. Our results suggest that this type of profile is already in place at z > 1 in the highest-mass haloes in the Universe, and that it remains exceptionally robust to merging activity.

The Role of Comparative Law in Political Science

Abstract Comparing laws cross-nationally elucidates how they restrain political and societal actors and how actors may use law instrumentally to reach their goals. The Article analyzes the extant use of comparative law in political science and describes areas where a more in-depth comparative study of law may enhance understandings of how law shapes politics, particularly in the areas of governance, judicial behavior, rights protection, and democratic transitions and breakdowns. For meaningful use of comparative law in the study of politics, scholars must use causal research designs for cross-country analysis and rigorously choose cases for more detailed within-country qualitative analyses. Understanding how laws vary cross-nationally and what differences matter has the potential to shape theories and explanations of the explosive and sometimes subtle political changes witnessed in the twenty-first century.

The paradigm of the migration crisis and its influence on national legislation on irregular migration

The aim of this article is to provide a detailed study of the ways in which the paradigm of crisis has influenced the law and practice of European countries in the field of irregular migration. Bearing in mind that the perception of “crisis” is ambiguous and does not have legal definition, the first part of this paper will provide a clarification of its scope and some contexts in which it is used. Secondly, labelling some situations as “crises” requires some urgent and unusual actions. Hence, it is important to indicate what types of legal measures and normative solutions, therefore, prevail nowadays in the practice of states. The countries that are particularly interesting in this context include Germany, Sweden, and Denmark, whose migration policies have, over the course of the past few years, decisively shifted from a relatively open approach towards more restrictive solutions. Although the crisis in the migration context is defined bipolarly, a characteristic feature of the paradigm shift is focusing on the elimination or at least limitation of the presence of foreigners on the territory of the statethrough border controls, obstruction of access to international protection and family reunification, as well as increasing the effectiveness of forced returns. The result of these consideration has led to the conclusion that on the one hand the authorities’ rhetoric of crisis not automatically mean the use of special and emergency measures foreseen by law. On the other hand, the narrative referring to defeat and catastrophe justified the introduction of controversial solutions in a hurry, often with disregard for the detailed analyses and regulatory impactassessment, which are common in such cases. At the same time, the determinant of the shape of the migration law is the “temporariness” inherent in the crisis paradigm. One of its most important elements is the departure from long-term residence permits, guaranteeing a certain stability in connection with international protection, in favour of short-term permits.

Conversations with the Common Law: Exposure, Privacy and Societal Change

This is an edited version of an inaugural professorial lecture delivered at the Faculty of Law, Te Herenga Waka – Victoria University of Wellington on 16 March 2021 (the promotion to professor having taken place on 1 January 2019). In the address, Professor Moreham asked what the development of new torts of privacy over the last two decades has told us about the way in which common law both shapes and responds to changing societal values. Reflecting on her own experience ''growing up with'' the privacy torts, Professor Moreham considered the role of the legal academic in common law development and showed how conversations between the common law and the society it serves enrich both parties to it.

Confucian Democracy in East Asia: A Discussion of Sungmoon Kim’s Democracy After Virtue: Toward Pragmatic Confucian Democracy

Confucian Democracy in East Asia: A Discussion of Sungmoon Kim’s <i>Democracy After Virtue: Toward Pragmatic Confucian Democracy</i>

Solar energetic particle heavy ion properties in the widespread event of 2020 November 29

Context.Following a multi-year minimum of solar activity, a solar energetic particle event on 2020 Nov. 29 was observed by multiple spacecraft covering a wide range of solar longitudes including ACE, the Solar Terrestrial Relations Observatory-A, and the recently launched Parker Solar Probe and Solar Orbiter.Aims.Multi-point observations of a solar particle event, combined with remote-sensing imaging of flaring, shocks, and coronal mass ejections allows for a global picture of the event to be synthesized, and made available to the modeling community to test, constrain, and refine models of particle acceleration and transport according to such parameters as shock geometries and particle mass-to-charge ratios.Methods.Detailed measurements of heavy ion intensities, time dependence, fluences, and spectral slopes provided the required test data for this study.Results.The heavy ion abundances, timing, and spectral forms for this event fall well within the range found in prior surveys at 1 au. The spectra were well fitted by broken power law shapes; the Fe/O ratio was somewhat lower than the average of other events. In addition,3He/4He was very low, with only the upper limits established here.

Determination of the optimal technical servicing periodicity of samples of aerodrome construction equipment

The method for determining the optimal frequency of maintenance of individual samples of aerodrome construction equipment, which is operated outside the established resource, is presented. The developed methodology takes into account the frequency and duration of maintenance, routine maintenance, the reliability of equipment control, the probability of receiving signals about a failure, and the duration of the complete restoration of the product.&#x0D; Also, the analytical dependence of the unit costs per hour of stay of a sample of aerodrome construction equipment in good condition on the scale factor and the shape of the diffusion-monotonic distribution law of random variables has been established, in turn, makes it possible to develop a methodology for assessing the technical and economic efficiency of the operation of aerodrome construction equipment.

Companies Committed to Responsible AI: From Principles towards Implementation and Regulation?

The term ‘responsible AI’ has been coined to denote AI that is fair and non-biased, transparent and explainable, secure and safe, privacy-proof, accountable, and to the benefit of mankind. Since 2016, a great many organizations have pledged allegiance to such principles. Amongst them are 24 AI companies that did so by posting a commitment of the kind on their website and/or by joining the ‘Partnership on AI’. By means of a comprehensive web search, two questions are addressed by this study: (1) Did the signatory companies actually try to implement these principles in practice, and if so, how? (2) What are their views on the role of other societal actors in steering AI towards the stated principles (the issue of regulation)? It is concluded that some three of the largest amongst them have carried out valuable steps towards implementation, in particular by developing and open sourcing new software tools. To them, charges of mere ‘ethics washing’ do not apply. Moreover, some 10 companies from both the USA and Europe have publicly endorsed the position that apart from self-regulation, AI is in urgent need of governmental regulation. They mostly advocate focussing regulation on high-risk applications of AI, a policy which to them represents the sensible middle course between laissez-faire on the one hand and outright bans on technologies on the other. The future shaping of standards, ethical codes, and laws as a result of these regulatory efforts remains, of course, to be determined.

A comparison of crack propagation theories in viscoelastic materials

Crack propagation in viscoelastic materials cannot be understood with the use of classical fracture mechanics, which predicts no dependence on the speed of propagation, unless cohesive models like Barenblatt or Dugdale are introduced, as done by Knauss & Schapery first in the 1970s. However, there is another approach, suggested qualitatively by deGennes in 1996, and quantitatively by Persson and Brener in 2005, which attempts an energy (power) balance by considering viscoelastic dissipation in the bulk of the material. Here, we revisit the main results of the two theories and show that they lead to approximately the same scaling laws not just for the standard material, but also for power law materials (which have a continuous spectrum of relaxation times). Recent findings by Schapery have concluded that the shape of the cohesive law results essentially in a shift in velocity which depends both on cohesive law shape and viscoelastic properties. Therefore, the Persson-Brener cutoff radius in the integral of dissipation can be chosen to fit approximately the cohesive model results to match the shift of the reference velocity.

How Could Equality and Data Protection Law Shape AI Fairness for People with Disabilities?

This article examines the concept of ‘AI fairness’ for people with disabilities from the perspective of data protection and equality law. This examination demonstrates that there is a need for a distinctive approach to AI fairness that is fundamentally different to that used for other protected characteristics, due to the different ways in which discrimination and data protection law applies in respect of Disability. We articulate this new agenda for AI fairness for people with disabilities, explaining how combining data protection and equality law creates new opportunities for disabled people's organisations and assistive technology researchers alike to shape the use of AI, as well as to challenge potential harmful uses.

Legal Violence and (In)Visible Families: How Law Shapes and Erases Family Life in SOGI Asylum in Europe

Abstract Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of ‘legal violence’, this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees’ families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this ‘legal violence’ and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested.

Does the Law Change Preferences?

Abstract “I would prefer not” HERMAN MELVILLE, BARTLEBY THE SCRIVENER: A STORY OF WALL STREET (1853), reprinted in THE PIAZZA TALES 32, 48 (London, Sampson Low, Son &amp; Co. 1856). Scholars have recently challenged the claim in classical deterrence theory that law influences behavior only through the expected sanction imposed. Some go further and argue that law may also “shape preferences,” changing people’s wants and values. In this Article, we analyze existing claims that criminal and civil law alter preferences and conclude that none suggest that the law shapes preferences. We first clarify this preference-shaping claim by elaborating the structure of rational choice theory generally and “preference” in particular. We then investigate three mechanisms of legal influence suggested by the preference-shaping literature: (1) the “serious harm” mechanism; (2) the “social norm” mechanism; and (3) the “self-improvement” mechanism. We then show that each of these mechanisms operates by changing the agent’s beliefs about the attributes or consequences of her choice options rather than by changing her preferences.

Values, theory, and the shape of national harassment law: Possible convergence?

Values, theory, and the shape of national harassment law: Possible convergence?

Characteristics of Resonant Electrons Interacting With Whistler Waves in the Nearest Dipolarizing Magnetotail

AbstractThe Magnetospheric Multiscale spacecraft observations in the burst mode allow the determination of the characteristics of resonant electrons interacting with quasi‐parallel whistler waves during prolonged dipolarizations in the near Earth magnetotail at −22 RE &lt; X ≤ −8 RE. We have detected 163 whistler bursts observed during 48 dipolarization events. The bursts were registered within ∼13 min following the dipolarization onset when the burst mode observations were available. In the majority of events, electrons with energies Wres ≥ 10 keV and pitch angles αres ∼ 100°–130° and αres ∼ 50°–80°made the maximum positive contribution to the growth rate of whistler waves propagating quasi‐parallel and antiparallel to the ambient magnetic field, respectively. Our analysis shows that electrons with Wres ∼ 10–20 keV could potentially be scattered into the loss cone by the low frequency whistler waves with fw ∼ (0.05–0.2)fce (fw is the wave frequency and fce is the electron gyrofrequency). The electrons that are scattered into the loss cone can contribute to electron precipitation within ∼13 min following the dipolarization onset. We suggest that whistler waves that are excited due to cyclotron instability driven by the temperature anisotropy of suprathermal electrons (≥2 keV) may, in turn, affect electron distribution in this energy range. Specifically, lower energy resonant electrons transfer a part of their kinetic energy to waves, while more energetic electrons absorb wave energy increasing their kinetic energy. This may lead to the transformation of higher‐energy part of electron distribution from Maxwellian to the power law shape.

Prawo jako opowieść. Zagadnienie mitu w interpretacji prawa

&lt;p&gt;The fact that various myths influence the shape of law and the mythologization of some of its aspects is indisputable. In most cases, this process of “mythologization” is perceived pejoratively, leading to the establishment of groundless, irrational ideas and at the same time the rejection of “science” in favor of “fiction”. This article aims to propose a different approach to both the concept of myth and the mythologization of law, by referring to the classical, ancient understanding of the concept of mythos as a fable, story. Ancient Greek myth performed a function similar to the law, establishing some basic rules in society. Stressing its “narrative” side indicates that what matters is not so much a description of reality, but a process that emphasizes the relational nature of the community. Thus, relating the myth, just like reading the norm of law, is an interpretation of the event in the light of applicable principles and systems of values, while being also a continuous process of shaping social awareness. Interpreting the law as a story means that those who create and use it lose the luxury of simply remaining the “mouth that pronounces the words of the law” as Montesquieu stated, since they are supposed to care not only for its implementation, but also for the quality and conviction of citizens as to its validity. The proposed form of reading the law as a myth-fable, political myth therefore is a search for a plot, understood as a possibility to act, to respond to the needs and problems of the changing world as well as the development of “the political” politics and education of citizens.&lt;/p&gt;

Analytical modelling bond behaviour of polybenzoxazole (PBO) and glass Fibre Reinforced Cementitious Matrix (FRCM) systems coupled with cement and gypsum matrixes: Effect of the Cohesive Material Law (CML) shape

The trilinear Cohesive Material Law (CML) is generally employed to analyse fibre-matrix interface behaviour of Fibre Reinforced Cementitious Matrix (FRCM) systems regardless of their specific features. In this study, four laws, all ending with a frictional plateau, are selected to uncover suitability with characteristics of different FRCM systems. Closed form expressions of the local slip law for the different CMLs are derived for short and long bonded lengths. Then, adhesion tests of polybenzoxazole (PBO) -cement and glass-gypsum systems are considered to implement consistent comparisons. Results suggest that laws providing linear softening well represent the analysed cement-PBO system, while for the glass-gypsum system, a slower degradation of bonding occurred and a different CML (trapezoid shaped) estimates more effectively experimental curves.

How does labor protection influence corporate risk-taking? Evidence from China

Considering the enforcement of China's Labor Contract Law as an exogenous event, this paper studies the relationship between labor protection and corporate risk-taking. We document a significant negative effect of labor protection on firms' risk choices. The effect is robust after considering several events, including the global financial crisis. After the law was implemented, firms tend to reduce leverage and intangible assets and increase cash holdings. We propose two potential channels for such an effect, reducing firms' operating flexibility and tightening their financial constraints. We also find that the negative impact is more pronounced for firms of lower governance quality. On the cross-section, state ownership and regional and cultural variations also influence the effect of labor protection on risk-taking. Our study sheds light on how government intervention (in addition to corporate law) shapes corporate policies, thus expanding and supplementing the existing literature.

Physical Laws Shape Up HOX Gene Collinearity.

Hox gene collinearity (HGC) is a multi-scalar property of many animal phyla particularly important in embryogenesis. It relates entities and events occurring in Hox clusters inside the chromosome DNA and in embryonic tissues. These two entities differ in linear size by more than four orders of magnitude. HGC is observed as spatial collinearity (SC), where the Hox genes are located in the order (Hox1, Hox2, Hox3 …) along the 3′ to 5′ direction of DNA in the genome and a corresponding sequence of ontogenetic units (E1, E2, E3, …) located along the Anterior—Posterior axis of the embryo. Expression of Hox1 occurs in E1, Hox2 in E2, Hox3 in E3, etc. Besides SC, a temporal collinearity (TC) has been also observed in many vertebrates. According to TC, first Hox1 is expressed in E1; later, Hox2 is expressed in E2, followed by Hox3 in E3, etc. Lately, doubt has been raised about whether TC really exists. A biophysical model (BM) was formulated and tested during the last 20 years. According to BM, physical forces are created which pull the Hox genes one after the other, driving them to a transcription factory domain where they are transcribed. The existing experimental data support this BM description. Symmetry is a physical–mathematical property of matter that was explored in depth by Noether who formulated a ground-breaking theory (NT) that applies to all sizes of matter. NT may be applied to biology in order to explain the origin of HGC in animals developing not only along the A/P axis, but also to animals with circular symmetry.

A simple and robust approach for 2D-simulation of reinforced concrete member

Over the past years, features of the computers aided numerical simulations of reinforced concrete (RC) have been improved with increasing technological developments. However, some difficulties remain such as modelling of snap-back behavior of quasi-brittle materials and convergence issue resulted from shape of the constitutive material law. In this study, a novel approach for the 2D nonlinear numerical modelling of the reinforced concrete member is presented. The proposed method of Linear Degradation Analysis (LDA) is developed integrating the isotropic continuum damage mechanic and the solution algorithm of lattice model. The main distinctive property of LDA is to combine simplicity of homogeneously distributed crack assumption and robustness of using secant stiffness reduction. In order to demonstrate the validity of LDA, several RC member containing beam, slab and frame from the literature are simulated. It can be concluded from the verification that the accuracy of the linear degradation analysis method is approved by remarkable similarity between the simulation and the experiment with regard to damage pattern and load displacement behavior.

Environmental Rights as Fundamental Rights in India: A Journey of the Supreme Court Towards a New Destination

The evolution of environmental jurisprudence has obtained a significant place in various research activities across the globe. As a result, theories were developed that gained the shape of laws and principles. The concern to protect and preserve the environment for both present and future generations gained popularity amongst the Indian Judges who showed tremendous activeness through their enlightened judgments while deciding various cases before them. The Indian Judiciary even went to the extent of recognizing the Right to a Clean Environment as a Fundamental Right and this trend of Judiciary was followed in several cases. This paper will briefly highlight a few of such cases through which the Right to Environment was made a Fundamental Right in India.