Strict Time Limits Research Articles

The Future of Juvenile Appeals in the United States

Appellate review of delinquency adjudications is necessary to protect the rights of juvenile defendants and preserve the integrity of the juvenile process. Review is no less important than in adult criminal courts, where the reversal rate on appeals is high enough to suggest that “depriving defendants of their right to appeal would expose them to an unacceptable risk of erroneous conviction.” Unfortunately, juveniles often fail to exercise this essential right because they are discouraged to do so by courts, denied access to the tools necessary to appeal, or lack the sophistication or means to file appeals. Moreover, because of strict time limits for filing, appellate rights expire. These time frames, which impose an unnecessary and unfair bar to effective review, are inconsistent with protections afforded juveniles in non-delinquency matters. Tolling the time within which to file an appeal during minority, however, may ensure greater (and necessary) access to the appellate courts.

Perpetual Finality

Immigrants who have been ordered removed may challenge their final removal order by filing a motion for the court to reopen their case. Motions to reopen removal cases are common within the immigration system, but offer little chance for an alien to actually receive relief. These motions are typically subject to strict time and numerical limitations. And the legal bases for reopening an immigrant’s case render the alien’s chances unlikely. Current statute and case law provide seven grounds for an immigrant to reopen a case. These grounds stem from United States Code, the Code of Federal Regulations, and the Board of Immigration Appeals’ precedential case law. Some of these grounds require such a perfect storm of unlikely circumstances that reopening becomes de facto impossible for an alien to attain. Some grounds are confusing, with requirements that are difficult for aliens, their attorneys, or even judges to understand. The remaining grounds have bright-line rules but are couched in ambiguous language. This leads attorneys to pursue reopening in cases that do not merit reopening, but seem to merit reopening because of the ambiguity. This Comment outlines the current legal bases for an alien seeking to reopen a removal case. It will explore the problems and shortcomings inherent to these bases. And it will recommend reforms to the current structure which will render the immigration post-conclusion structure fairer to the alien, clearer for the private attorneys, and more efficient for the government.

Energy efficiency optimizing speed control method for reservoir pumping applications

Variable speed operation is often the most energy-efficient flow control method for pumping systems, as the pump performance can be adjusted to meet the process demand instead of adjusting additional hydraulic losses. Often, the process demand is a direct indicator of the rotational speed to be used. However, there are several pumping applications where the applied rotational speeds can be selected more freely. A reservoir pumping application without strict time limits is the primary example of a system having degrees of freedom for the selection of the rotational speed to be applied. In this application, the rotational speed selection is also affected by the time-varying process characteristics, which can be determined by separate measurements or preferably by a frequency converter without a need for additional instrumentation. This paper proposes a frequency converter-based method for finding the most energy-efficient rotational speeds for reservoir pumping applications, where the process static head varies during the pumping task. The proposed method relies on frequency converter-based identification of the process characteristics, which is introduced in detail. The energy efficiency of the resulting rotational speed profiles is studied both by simulations and laboratory measurements. The applicability of the studied speed control method in a common waste water pumping application is also discussed. As reservoir pumping systems are an elementary part of municipal waste water treatment, these systems are globally used and thereby have a notable energy conservation potential.

Containing the Cost of Complex Adjudications

AbstractConstruction adjudication as envisaged by early promoters of this form of dispute resolution was intended to be quick, dirty, and inexpensive. Speed was to be catered for by strict time limits and the sometimes-dirty results were allowed for by the possibility of appeal after the project was completed. Expense was to be controlled by using practice-based adjudicators with powers to take the initiative in examining the law and facts, and it was not expected that parties would be accompanied by large and expensive legal teams. The case study reported in this paper indicates a somewhat different picture. Time limits were observed and decisions were anything but dirty and have been observed by the parties. However, the costs amount to around one-third of the amount in dispute, and both protagonists are very much in a lose-lose situation. This paper examines the issue of costs in adjudication and proposes further research, particularly related to expert’s fees and using disputes advisory boards for sma...

Cross-correlation Based Synchronization Mechanism of LDDoS Attacks

A success Low-rate Distributed Denial of Service (LDDoS) attack is composed of many single sources of Low-rate Denial of Service (LDoS) attacks, which are well-organized in time synchronization to aggregate the attack flow at the end of target router. This paper addresses time synchronization and flow aggregation in LDDoS attacks for the purpose of exploring the attack performance. A cross-correlation algorithm is proposed to guarantee all network-wide distributed attack pulses aggregate at the victim end with a strict time limitation to form a powerful attack pulse. Experiments on the attack performance of LDoS and LDDoS attack are performed in NS-2 simulation platform. Experiment results show that the LDDoS attack effects can be improved significantly by using cross-correlation algorithm to coordinate attack pulses, which obtain better attack performance than many single dependent attack pulses.

Intraoperative Diagnosis Miscommunication

Intraoperative consultations/frozen section analyses are among the most stressful parts of a pathologist’s duties. By design they have a strict time limit, the sampling of a lesion may be insufficient, the histology is usually inferior to permanent sections, little or no ancillary studies are available, consultation is less likely to be available, the specimen may not be in the pathologist’s immediate area of expertise, and the clinical consequences may be quite significant. In addition, every mistake is likely to be identified by the leisurely Monday morning quarterback review of a wide array of permanent slides, ancillary studies, and consultations. Indeed, it is perhaps most impressive how few errors are actually made during intraoperative consultation. In this issue, Talmon et al1 point out yet another way in which an intraoperative consultation can go awry. In their study, they reviewed 1,131 intraoperative consultations and compared the written pathologist’s report with that dictated by the surgeon in the operative report. They found discrepancies in as many as 9.9% of cases, and in 0.3% of these cases, the discrepancies were between a benign and malignant …

The European Arrest Warrant: Latvian Experience of Application

The European arrest warrant (EAW) is a request by a judicial authority in one of the Member States of the EU to arrest a person in another Member State and to surrender that person to the former state for the purpose of prosecuting or executing a custodial sentence or detention order. It was adopted by the Council of the European Union on 13 June 2002. EAW is based on the principle of mutual recognition to foreign judicial decisions and judgments in criminal matters, simplifies and speeds up the procedure of extradition. The EAW ensures a good balance between efficiency and strict guarantees that the arrested person's fundamental rights are respected. EAW introduced innovative elements as compared with traditional extradition procedure: strict time limits, simpler procedures, no political involvement, surrender of nationals, guarantees, and grounds for refusal. EAW has been adopted along with the Criminal Procedure Law of Republic of Latvia on 1 October 2005. This paper comments on implementation of the EAW in the EU Member States and features some aspects of Latvian experience. DOI: 10.5901/mjss.2013.v4n11p310

Nuclear medicine training and practice in Germany

In Germany the duration of training in the field of nuclear medicine is 5 years, of which 1 year must be spent in clinical inpatient patient care, and another 6 months of training in another field is possible. It is also permissible to work for up to a year in a radiology department. In contrast, to get credit for the training in nuclear medicine in other fields such as radiology is essentially impossible or there is a very strict time limit. The reason can be found in the differences within the Federal States in Germany with regard to acknowledging nuclear medicine as a “specialty of immediate patient care” [2]. The WBO of the German Medical Association constitutes one of the guidelines dictating the content of the training. The German Radiation Protection Ordinance and the guidelines on obtaining the special qualification contain further regulations. In this ordinance specific numbers are listed for guidance, which, however, do not constitute bindingminimum numbers. In addition to the provision of the medical associations, the guideline on technical knowledge, which took effect on 1 November 2011, determines ballpark numbers and time frames for training programmes in expert knowledge of safe use of radiation. Essentially these match the provisions in the template regulation, with the exception of the number of therapies allowed for malignant thyroid diseases (only 100 instead of 200 therapies) and providing a separate regulation for endoluminal or endocavitary therapies. For this separate specialty ten documented applications are required each for selective internal radiation therapy (SIRT), endoluminal therapies and radiosynoviorthesis. In the former specialty training regulation, MRI could be found as a subspecialization in the field of nuclear medicine. In the new specialty training regulation, an additional subjectL. S. Freudenberg ZRN Grevenbroich, Dormagen, Neuss, Germany

Time Limits in Challenging a Tribunal s Jurisdiction

One of the most defining characteristics of arbitration is that an arbitral tribunal’s jurisdiction is established by parties’ mutual agreement. If a party to the arbitral proceedings believes that a tribunal constituted lacks jurisdiction to conduct the arbitral proceedings, it may challenge the jurisdiction of the tribunal in different ways. Although the concept of kompetenz?kompetenz and the grounds to challenge the Tribunal’s jurisdiction are readily accepted in the arbitration community, what parties often fail to observe is the time limit imposed by the relevant laws in bringing such objections. This article aims to examine several main ways of challenging the tribunal’s jurisdiction and the applicable time limits in each scenario. The article will then focus on the consequences of a party’s failure to adhere to the strict time limits and its effect at the post?award stage. These issues will be considered in the light of case law from different Model law jurisdictions with particular illustrations from the arbitration law of Singapore.

Outpatient Clinics: A Lost Training Opportunity?

As a consequence of the introduction of the European Working Time Regulations and the New Deal, there has been a significant reduction in the number of hours worked by surgical trainees in the UK and Europe. A number of studies have highlighted how reduced working hours have negatively affected operative exposure in surgical specialties. Surgical training requires the accumulation of increasingly complex technical competencies. In order to produce a complete surgeon, these competencies must be complemented by non-technical skills. Traditionally, these have been acquired through ward and outpatient experience without strict time limitation. With reduced daytime clinical experience, not only will there be a reduction in technical skills training but inevitably reduced outpatient clinic (OPC) experience.

Particle Guidance: Applying POMDPs to the Optimization of Mid-Course Guidance Laws for Long-Range Missiles

During the mid-course phase of an air-to-air missile, choosing the optimal Guidance Point (GP) so as to maximize lock-on success and minimize intercept time is critical. Given low computational resources available on board and a very constrained maneuvering time frame, GP-based algorithms must be efficient. We suggest an innovative approach using Reinforcement Learning (RL) to produce finite state controllers that can be executed efficiently – using table lookup – to meet the strict time limits of a target engagement. Instead of hand-crafting a GP-picking algorithm for every combination of sensor and aircraft configuration, one promising alternative models a missile-target engagement as a Partially Observable Markov Decision Process (POMDP) and automatically generates a controller for picking the best GP by solving the POMDP model. Using a recently developed offline algorithm called Monte Carlo Value Iteration (MCVI) we constructed continuous-state POMDP models and solved them directly, without discretizing the entire state space.Invited session “Missile Guidance Navigation & Control” (pm846)

Fifteen minutes of fame: the conference paper presentation

PurposeA satirical reflection on the perils of conference paper presentations.Design/methodology/approachPoetic exposition.FindingsHighlights the traps into which conference paper presenters can sometimes unwittingly fall.Research limitations/implicationsFor effective presenting within strict time limits, a speaker can never be too prepared.Originality/valuePresents a visual picture of the dilemma and final crash that occurs when presenters fail to impose self‐discipline in structuring and delivering to the audience they desperately want to reach.

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.

The Effect of Electroacupuncture and Tramadol on Experimental Tourniquet Pain

The hypoalgesic effect of electroacupuncture (EA) was directly compared with the analgesic effect of pharmacological interventions using the submaximum effort tourniquet technique (SETT). 125 healthy subjects (mean age 24.44±4.46 years; 62.4% female, 37.6% male) performed SETT at baseline and under one of five experimental conditions (n=25 per group): EA (2 Hz with burst pulses in alternating one-phase-square wave pulses; burst length 180 μs, burst frequency 80 Hz, stimulation time/pulse width 3 s), tramadol (50 mg), ibuprofen (400 mg), placebo pill or non-treatment control. EA was performed at LI4 and LI10 contralaterally with stimulation beginning 20 min before SETT and lasting throughout SETT. The pharmacological interventions were given in a double-blind design 1 h before the SETT assessment. Subjects showed a hypoalgesic effect of the opiate and of the EA for subjective pain rating (EA p=0.0051; tramadol p=0.0299), and pain tolerance index (time/rating) (EA p=0.043; tramadol p=0.047) analysed using analysis of covariance. More subjects reached the strict time limit of 30 min (analysed by logistic regression and adjusted OR as a post-hoc analysis) under EA compared with most other experimental conditions. Only EA and tramadol were not significantly different (95% Wald confidence limits: non-treatment control vs EA 0.011 to 0.542; placebo pill vs EA 0.009 to 0.438; ibuprofen vs EA 0.021 to 0.766; tramadol vs EA 0.065 to 1.436). In a laboratory setting, an EA procedure was as effective as a single dose of an orally administered opiate in reducing experimentally induced ischaemic pain.

Democracy Under Threat: The Use of Privative Clauses to Circumvent Judicial Review in Australia

Australia’s current migration legislation has a number of privative or ‘ouster’ clauses that either limit or bypass the judicial review processes. The partial suspension or withdrawal of the juridical order has been characterised by juridical exceptionalism with the insertion of these special clauses into legislation that confer wide discretionary powers on public offices and limit particular types of judicial inquiry. Such clauses attempt to restrict the obligations of ministerial review and they impose strict time limits on appellants seeking to challenge decisions made by ministers and their delegates. The application of privative clauses in federal legislation, particularly in migration legislation, has been a controversial aspect of recent policy making because this process challenges the separation of powers principle inherent in democratic systems of government. As a result, the contestation between the powers of the law makers and the oversight function of the judiciary has far reaching consequences for Australian democracy, and it opposes long established common law principles that legislative action should not be immune from judicial oversight. This paper argues that the insertion of privative clauses into Australia’s migration legislation has significantly reduced the degree of separation between the legislature and the judiciary to such an extent that government migration policy is ethically deficient and, as the High Court has recently determined, legally flawed.

Sine wave mesopic contrast sensitivity – defining the normal range in a young population

Limited information is available regarding the normal range of mesopic sine wave contrast sensitivity (CS). The aim of this study was therefore to define a reference range and in addition to identify factors related to mesopic CS in a young population. Individuals with normal visual acuity (VA) were included from a population of air crew members visiting the Institute of Aviation Medicine for routine medical examinations. CS was measured using the Optec 6500/FACT and evaluated by (i) the CS curve with five frequencies and (ii) the index of contrast sensitivity (ICS). ICS was defined as the sum of the weighted differences from the median CS value for each frequency. Multivariate analyses were performed to identify factors related to CS. In a total of 197 subjects included, the mean mesopic CS score was significantly lower compared to the corresponding photopic measurements for all five frequencies tested. Median CS score for frequencies 1.5, 3, 6, 12 and 18 cycles per degree was 50, 114, 180, 60 and 33 for photopic and 71, 80, 90, 22 and 12 for mesopic (- glare) conditions, respectively. Better binocular VA was positively associated, while the use of corrective lenses was negatively associated with CS performance. We have provided reference values for mesopic CS and identified factors important for CS. The difference between mesopic and photopic measurements highlights the need for separate population norms. The new ICS score may be a useful collective descriptor of the traditional CS curve with five frequencies.

Research on QoS Services to MPLS Enabled Industrial Control Network

In general, data exchanged on an industrial network can be classified into two groups: realtime and non-realtime data. Non-real-time data do not have stringent time limits on their communication delays experienced during the data exchange. In contrast, real-time data have very strict time limits and the data’s value is diminished greatly as the communication delay grows larger. Therefore, when building an industrial network, the designer must configure the network to satisfy these requirements. MPLS provides extensive support for both integrated services/RSVP, and diff-serv QoS classes. Service providers can use MPLS to define classes of service (gold, premium, best-effort, etc.) and to define per-hop behavior (PHB) for each class to support the service. We use OPNET Modeler to design MPLS capabilities incorporating IntServ/DiffServ mechanisms into on an industrial network to ensure QoS under network failure conditions. We demonstrate how modern MPLS with QoS management techniques can control, but also complicate, prediction, and will finally illustrate how semi-empirical statistical techniques offer some resolution.

Stretched Thin: Poor Families, Welfare Work, and Welfare Reform. By Sandra Morgen, Joan Acker, and Jill Weigt. Ithaca, NY: Cornell University Press, 2010. Pp. 256. $59.95 (cloth); $22.95 (paper).

<i>Stretched Thin: Poor Families, Welfare Work, and Welfare Reform</i>. By Sandra Morgen, Joan Acker, and Jill Weigt. Ithaca, NY: Cornell University Press, 2010. Pp. 256. $59.95 (cloth); $22.95 (paper).

An exact algorithm for a vehicle routing problem with time windows and multiple use of vehicles

The vehicle routing problem with multiple use of vehicles is a variant of the classical vehicle routing problem. It arises when each vehicle performs several routes during the workday due to strict time limits on route duration (e.g., when perishable goods are transported). The routes are defined over customers with a revenue, a demand and a time window. Given a fixed-size fleet of vehicles, it might not be possible to serve all customers. Thus, the customers must be chosen based on their associated revenue minus the traveling cost to reach them. We introduce a branch-and-price approach to address this problem where lower bounds are computed by solving the linear programming relaxation of a set packing formulation, using column generation. The pricing subproblems are elementary shortest path problems with resource constraints. Computational results are reported on euclidean problems derived from well-known benchmark instances for the vehicle routing problem with time windows.

Error detection and the use of internal and external error indicators: An investigation of the first-indicator hypothesis

The error-related negativity (Ne/ERN) and the feedback-related negativity (FRN) are electrophysiological markers of error processing, which originate from the medial frontal cortex. A digit-flanker task with a strict individual response time (RT) limit was employed to test the first - indicator hypothesis. This hypothesis postulates an increase in medial frontal brain activity only after the first, internal (response related) or external (feedback related), indicator of an incorrect response. In order to examine whether this hypothesis also holds for RT errors, a simple digit-flanker task was employed. The participants ( n = 14) committed three error types: a hand error, an RT error, and a combination of hand and RT error (double error). It was assumed that they were able to detect hand errors at the time of responding, whereas reliable RT error detection should require an external feedback. The experimental findings demonstrated that hand errors were followed by an increase in Ne/ERN amplitude, but not in FRN amplitude. RT errors committed marginally beyond the RT limit showed an increase in FRN amplitude but not in Ne/ERN amplitude, whereas RT errors that were far beyond RT limit affected Ne/ERN, but not FRN. The present findings supported the first-indicator hypothesis. Evidence was given of an error detection system, which was sensitive to a violation of an RT limit.