Voidness and voidability in administrative law

It is proposed to investigate whether the distinction between a void and a voidable act, is a necessary incident of the law governing judicial review of administrative decisions, whether the consequences of the distinction are utilised by the Courts, and whether the distinction has a useful role to play in administrative law. The theoretical and historical basis of the distinction is first examined with the conclusion that void and voidable decisions are a necessary result of a system of review based upon the ultra vires doctrine. The notion of jurisdiction is examined to ascertain whether there is any general formula with which to distinguish between decisions producing nullity and those resulting in a voidable decision. It is concluded that such a formula is undesirable in principle and can not in the light of existing authority be produced. The various reviewable defects are then analysed to determine whether the Courts regard them as void or voidable. There is considerable inconsistency in the cases, but it is reasonably clear that some procedural defects, breach of natural justice, and serious abuse of discretion are jurisdictional and produce nullity. As a result of this an investigation of the various consequences of the distinction in connection with remedies, leous standi, estoppel, and privative clauses leads to the conclusion that the Courts do not consistently apply the logical consequences of nullity, and indeed that to do so would produce inconvienience. However, in the field of actions in tort and privative clauses the distinction is consistently relied upon. Finally voidable decisions are examined to determine whether a doctrine of retroactivity operates with the conclusion that it does not. In conclusion the technical difficulties arising from the existing system of review based upon the notion of jurisdiction are criticised, and a broader basis for judicial review is proposed which would involve the ultra vires doctrine and therefore the void voidable distinction having only a subordinate role

Mode-Based Sensing and Actuation Techniques for Multi-Objective Flexible Aircraft Control

Intelligent sensing and actuation designs are explored as a means to improve performance of a gust load alleviation control design for a flexible wing aircraft equipped with wing-shaping control surfaces. The proposed techniques rely on identification of the dominant structural modes during specified flight conditions and uses them as a basis for sensor placement and actuator utilization. Specifically, a strategy for sensor placement is discussed that uses target mode shape capture as a mean to improve state estimation quality. A second strategy that reduces the number of wing-shaping control inputs using mode and objective-based shape functions as virtual input channels is also presented. Both techniques are demonstrated in simulation of a flexible wing transport aircraft utilizing a multi-objective control system designed to suppress flexible motion, minimize gust and maneuver load, and reduce drag

Intermediate energy Coulomb excitation as a probe of nuclear structure at radioactive beam facilities

The effects of retardation in the Coulomb excitation of radioactive nuclei in intermediate energy collisions (Elab ~100 MeV/nucleon) are investigated. We show that the excitation cross sections of low-lying states in 11Be, {38,40,42}S and {44,46}Ar projectiles incident on gold and lead targets are modified by as much as 20% due to these effects. The angular distributions of decaying gamma-rays are also appreciably modified.Comment: 21 pages, 3 figures, Phys. Rev. C, in pres

Coulomb Excitation of Multi-Phonon Levels of the Giant Dipole Resonance

A closed expression is obtained for the cross-section for Coulomb excitation of levels of the giant dipole resonance of given angular momentum and phonon number. Applications are made to the Goldhaber-Teller and Steinwedel-Jensen descriptions of the resonance, at non-relativistic and relativistic bombarding energies.Comment: 16 pages, 5 figure

Comment on `Universal relation between the Kolmogorov-Sinai entropy and the thermodynamic entropy in simple liquids'

The intriguing relations between Kolmogorov-Sinai entropy and self diffusion coefficients and the excess (thermodynamic) entropy found by Dzugutov and collaborators do not appear to hold for hard sphere and hard disks systems.Comment: 1 page revte

Embryonic Precursor Cells from the Rhombic Lip Are Specified to a Cerebellar Granule Neuron Identity

AbstractThe specification of diverse classes of neurons is critical to the development of the cerebellar cortex. Here, we describe the purification of early embryonic precursors of cerebellar granule neurons from the rhombic lip, the dorsal aspect of the midbrain/hindbrain region. Isolation of rhombic lip cells reveals a homogenous population of precursor cells that express general neuronal markers and the granule cell marker RU49, but fail to extend neurites or express differentiation markers. Differentiation is induced by coculture with external germinal layer (EGL) cells, or their membranes, suggesting that a local inducing factor acts after formation of the EGL. Thus, proliferating precursors within the rhombic lip are specified to be granule cells very early, with the availability of an inducing factor increasing over the course of development

Conductivity of the classical two-dimensional electron gas

We discuss the applicability of the Boltzmann equation to the classical two-dimensional electron gas. We show that in the presence of both the electron-impurity and electron-electron scattering the Boltzmann equation can be inapplicable and the correct result for conductivity can be different from the one obtained from the kinetic equation by a logarithmically large factor.Comment: Revtex, 3 page

Keypad mobile phones are associated with a significant increased risk of microbial contamination compared to touch screen phones

The use of mobile phones in the clinical environment by healthcare workers has become widespread. Despite evidence that these devices can harbour pathogenic micro-organisms there is little guidance on how to reduce contamination. Recently touchscreen phones with a single flat surface have been introduced. We hypothesise that bacterial contamination of phones used in hospitals will be lower on touchscreen devices compared to keypad devices. Sixty seven mobile phones belonging to health care workers were sampled. The median colony count for touchscreen phones and keypad devices was 0·09 colony forming units (cfu)/cm2 (interquartile range (IQR) 0.05–0·14) and 0·77 cfu/cm2 (IQR range 0·45–3.52) respectively. Colony counts were significantly higher on the keypad phones (Fisher’s exact test p<0.001). Multivariate analysis showed the type of phone (keypad vs. touch screen) was associated with increased colony counts (F-statistic 14.13: p<0.001). Overall, nine (13%) phones grew either meticillin resistant Staphylococcus aureus or vancomycin resistant enterococci. Eight (24%) keypad phones were contaminated with these organisms compared with one touch screen phone (3%). Our data indicate that touchscreen mobile phones are less contaminated than their keypad counterparts, and they are less likely to harbour pathogenic bacteria in the clinical setting

Stacking Entropy of Hard Sphere Crystals

Classical hard spheres crystallize at equilibrium at high enough density. Crystals made up of stackings of 2-dimensional hexagonal close-packed layers (e.g. fcc, hcp, etc.) differ in entropy by only about $10^{-3}k_B$ per sphere (all configurations are degenerate in energy). To readily resolve and study these small entropy differences, we have implemented two different multicanonical Monte Carlo algorithms that allow direct equilibration between crystals with different stacking sequences. Recent work had demonstrated that the fcc stacking has higher entropy than the hcp stacking. We have studied other stackings to demonstrate that the fcc stacking does indeed have the highest entropy of ALL possible stackings. The entropic interactions we could detect involve three, four and (although with less statistical certainty) five consecutive layers of spheres. These interlayer entropic interactions fall off in strength with increasing distance, as expected; this fall-off appears to be much slower near the melting density than at the maximum (close-packing) density. At maximum density the entropy difference between fcc and hcp stackings is $0.00115 +/- 0.00004 k_B$ per sphere, which is roughly 30% higher than the same quantity measured near the melting transition.Comment: 15 page