234 research outputs found

    Taking Dialogue Theory Much too Seriously (or Perhaps Charter Dialogue Isn\u27t Such a Good Thing after all)

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    This article challenges the thesis of Peter W. Hogg, Allison A. Bushell Thornton, and Wade K. Wright (put forth earlier in this issue) that the frequency of legislative responses to Charter decisions striking down laws, which they refer to as Charter dialogue, provides evidence that Canada has a weaker form of. judicial review than is thought to exist in the United States. This article also critiques their claim that judicial review is justified by the idea that individuals have rights that cannot be taken away by an appeal to the general welfare\u27. The author maintains that this claim not only contradicts their previous arguments, but also undermines their position that Charter dialogue, insofar as it allows legislatures to reassert majoritarian objectives following adverse court decisions, is a good thing

    Taking Dialogue Theory Much too Seriously (or Perhaps Charter Dialogue Isn\u27t Such a Good Thing after all)

    Get PDF
    This article challenges the thesis of Peter W. Hogg, Allison A. Bushell Thornton, and Wade K. Wright (put forth earlier in this issue) that the frequency of legislative responses to Charter decisions striking down laws, which they refer to as Charter dialogue, provides evidence that Canada has a weaker form of. judicial review than is thought to exist in the United States. This article also critiques their claim that judicial review is justified by the idea that individuals have rights that cannot be taken away by an appeal to the general welfare\u27. The author maintains that this claim not only contradicts their previous arguments, but also undermines their position that Charter dialogue, insofar as it allows legislatures to reassert majoritarian objectives following adverse court decisions, is a good thing

    Daydream Believing: Visionary Formalism and the Constitution

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    The failure of traditional strands of legal formalism to provide a satisfactory account of law\u27s relation to material conditions, and its distinction from political practice, has given rise to a new variant of formalist theory: visionary formalism. In this essay, the authors examine visionary formalism through the work of one of its leading exponents, William E. Conklin. They contend that, far from rescuing legal formalism, the visionary account of constitutional adjudication put forward in Conklin\u27s recent treatise, Images of the Constitution, exposes formalism for what it is: an effort to romanticize and legitimize a peculiarly regressive mode of political practice. In the final sections of the essay, the authors provide their own account of the connections among law, politics and material conditions. They conclude that only a constitutive legal theory , embracing a critical understanding of the political nature and historical contingency of legal structures, offers any real hope of harnessing law as a progressive social instrument

    Paradise Postponed

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    When a good is a bad (or a bad is a good) - analysis of data from an ambiguous nonmarket valuation setting

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    This paper analyses data from a contingent valuation experiment carried out in a context with large degree of preference heterogeneity and valuation ambiguity. Despite this challenge, by implementing estimation of an unrestricted valuation function on pooled data from two elicitation formats, utilizing all preference information available from the survey, we are able to estimate welfare measures with an acceptable degree of statistical confidence. It turns out that an offshore wind farm, a priori believed to constitute a bad that people would be willing to pay to avoid, instead was a good that people would be willing to forego under compensation. This was true on average but not for all study participants. Two key determinants of preferences were spatial proximity to the proposed wind farm and perceptions of the visual impacts of wind turbines. Individuals who would be near and thought wind turbines are “ugly” had a mean willingness to pay to avoid the wind farm of about 508perhouseholdperyear.Incontrast,thosewhowouldbefarawayandperceivedwindturbinestobebeautifulhadanegativemeanwillingnesstopaytoavoidthewindfarmofabout508 per household per year. In contrast, those who would be far away and perceived wind turbines to be “beautiful” had a negative mean willingness to pay to avoid the wind farm of about −595 per household per year.publishedVersio

    High-speed 850 nm VCSELs with 28 GHz modulation bandwidth for short reach communication

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    We present results from our new generation of high performance 850 nm oxide confined vertical cavity surface-emitting lasers (VCSELs). With devices optimized for high-speed operation under direct modulation, we achieve record high 3dB modulation bandwidths of 28 GHz for similar to 4 mu m oxide aperture diameter VCSELs, and 27 GHz for devices with a similar to 7 mu m oxide aperture diameter. Combined with a high-speed photoreceiver, the similar to 7 mu m VCSEL enables error-free transmission at data rates up to 47 Gbit/s at room temperature, and up to 40 Gbit/s at 85 degrees C

    A Scalable Safety Critical Control Framework for Nonlinear Systems

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    There are two main approaches to safety-critical control. The first one relies on computation of control invariant sets and is presented in the first part of this work. The second approach draws from the topic of optimal control and relies on the ability to realize Model-Predictive-Controllers online to guarantee the safety of a system. In the second approach, safety is ensured at a planning stage by solving the control problem subject for some explicitly defined constraints on the state and control input. Both approaches have distinct advantages but also major drawbacks that hinder their practical effectiveness, namely scalability for the first one and computational complexity for the second. We therefore present an approach that draws from the advantages of both approaches to deliver efficient and scalable methods of ensuring safety for nonlinear dynamical systems. In particular, we show that identifying a backup control law that stabilizes the system is in fact sufficient to exploit some of the set-invariance conditions presented in the first part of this work. Indeed, one only needs to be able to numerically integrate the closed-loop dynamics of the system over a finite horizon under this backup law to compute all the information necessary for evaluating the regulation map and enforcing safety. The effect of relaxing the stabilization requirements of the backup law is also studied, and weaker but more practical safety guarantees are brought forward. We then explore the relationship between the optimality of the backup law and how conservative the resulting safety filter is. Finally, methods of selecting a safe input with varying levels of trade-off between conservatism and computational complexity are proposed and illustrated on multiple robotic systems, namely: a two-wheeled inverted pendulum (Segway), an industrial manipulator, a quadrotor, and a lower body exoskeleton

    Emotion regulation in patients with rheumatic diseases: validity and responsiveness of the Emotional Approach Coping Scale (EAC)

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    Background Chronic rheumatic diseases are painful conditions which are not entirely controllable and can place high emotional demands on individuals. Increasing evidence has shown that emotion regulation in terms of actively processing and expressing disease-related emotions are likely to promote positive adjustment in patients with chronic diseases. The Emotional Approach Coping Scale (EAC) measures active attempts to acknowledge, understand, and express emotions. Although tested in other clinical samples, the EAC has not been validated for patients with rheumatic diseases. This study evaluated the data quality, internal consistency reliability, validity and responsiveness of the Norwegian version of the EAC for this group of patients. Methods 220 patients with different rheumatic diseases were included in a cross-sectional study in which data quality and internal consistency were assessed. Construct validity was assessed through comparisons with the Brief Approach/Avoidance Coping Questionnaire (BACQ) and the General Health Questionnaire (GHQ-20). Responsiveness was tested in a longitudinal pretest-posttest study of two different coping interventions, the Vitality Training Program (VTP) and a Self-Management Program (SMP). Results The EAC had low levels of missing data. Results from principal component analysis supported two subscales, Emotional Expression and Emotional Processing, which had high Cronbach's alphas of 0.90 and 0.92, respectively. The EAC had correlations with approach-oriented items in the BACQ in the range 0.17-0.50. The EAC Expression scale had a significant negative correlation with the GHQ-20 of -0.13. As hypothesized, participation in the VTP significantly improved EAC scores, indicating responsiveness to change. Conclusion The EAC is an acceptable and valid instrument for measuring emotional processing and expression in patients with rheumatic diseases. The EAC scales were responsive to change in an intervention designed to promote emotion regulation. The instrument has not yet been tested for test-retest reliability, which is recommended in future studies
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