1,501 research outputs found

    The Right of the Prosecutor to Advance Notice of the Defendant\u27s Alibi Defense

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    Estuary-enhanced upwelling of marine nutrients fuels coastal productivity in the U.S. Pacific Northwest

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    © 2014. American Geophysical Union. The Pacific Northwest (PNW) shelf is the most biologically productive region in the California Current System. A coupled physical-biogeochemical model is used to investigate the influence of freshwater inputs on the productivity of PNW shelf waters using realistic hindcasts and model experiments that omit outflow from the Columbia River and Strait of Juan de Fuca (outlet for the Salish Sea estuary). Outflow from the Strait represents a critical source of nitrogen to the PNW shelf-accounting for almost half of the primary productivity on the Vancouver Island shelf, a third of productivity on the Washington shelf, and a fifth of productivity on the Oregon shelf during the upwelling season. The Columbia River has regional effects on the redistribution of phytoplankton, but does not affect PNW productivity as strongly as does the Salish Sea. A regional nutrient budget shows that nitrogen exiting the Strait is almost entirely (98%) of ocean-origin-upwelled into the Strait at depth, mixed into surface waters by tidal mixing, and returned to the coastal ocean. From the standpoint of nitrogen availability in the coastal euphotic zone, the estuarine circulation driven by freshwater inputs to the Salish Sea is more important than the supply of terrigenous nitrogen by rivers. Nitrogen-rich surface waters exiting the Strait follow two primary pathways-to the northwest in the Vancouver Island Coastal Current and southward toward the Washington and Oregon shelves. Nitrogen flux from the Juan de Fuca Strait and Eddy Region to these shelves is comparable to flux from local wind-driven upwelling

    Reading TD Down

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    This article argues that TD v Minister for Education was about something more specific than has been supposed in the academic literature. Rather than being about the justiciability of socio-economic rights in principle, or the separation of powers broadly, it was an appeal about whether a High Court judge had the jurisdiction to hand down a very particular order: one concerning particular high-support units, in particular locations, and by particular deadlines. The article argues that the ruling in TD, when understood as such, can be readily justified as a matter of constitutional principle, and can also be reconciled with the much more considered analysis of judicial review of executive power in Elijah Burke v Minister for Education. It concludes that TD can be ‘read down’ in future, fading into its rightful place in the background of Irish constitutional law

    How to argue a rights case in Irish constitutional law

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    In his judgment for the majority in Gemma O’Doherty and John Waters v Minister for Health, the chief justice upheld the decision of the Court of Appeal to refuse leave to the applicants to bring judicial review proceedings challenging the constitutionality of Covid “lockdown” measures. But the Supreme Court appeal in Gemma O’Doherty was about much more than the constitutionality or otherwise of those measures. O’Donnell CJ’s judgment addresses itself to very general questions in respect of rights-based challenges to legislation in the Irish constitutional system. It assesses the standing of “the proportionality test” in Irish constitutional law. It considers the question as to where the “onus of proof” in respect of proportionality might lie. And it explores the role of policy-based or scientific evidence in such challenges. The majority judgment in Gemma O’Doherty thus offers something of a roadmap to Irish lawyers and judges in respect of how to approach the tasks of arguing and adjudicating upon rights-based challenges to legislation in this particular constitutional ecosystem. And it is a judgment that is rooted fundamentally in a concern for legitimacy

    Legitimacy - not justice - and the case for judicial review

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    Sceptics of judicial review—from Jeremy Waldron to those in the Judicial Power Project—have tended to attribute to their opponents an erroneous prioritisation of ‘justice’ over ‘legitimacy’. They claim that those who make the case for judicial review do so on the grounds that ‘judges know best’, and that judicial review therefore helps promote the overall justness of a state’s social order—rather than on the grounds that it helps enhance the overall legitimacy of a state’s authority. This article interrogates that line of attack. It explores its roots in political theory, particularly the idea that those guilty of it (such as Aileen Kavanagh) follow in John Rawls’s supposed prioritisation of justice over legitimacy. And it turns to republican and later-Rawlsian thinking on these two concepts to see whether it may offer a sound basis upon which the case for judicial review can be made 
 legitimately

    Bovine milk oligosaccharides as anti-adhesives against the respiratory tract pathogen Streptococcus pneumoniae

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    peer-reviewedStreptococcus pneumoniae is a Gram-positive pathogen, which is regularly found in the upper respiratory tract of healthy individuals. Increased numbers of S. pneumoniae have been observed colonising the upper respiratory tract of children affected by respiratory tract infections. GalÎČ1-4GlcNAcÎČ1-3Gal has been previously identified as one of the receptors involved in the adherence and translocation of S. pneumoniae. As this structure is similar to the milk oligosaccharide lacto-N-neoTetraose, many studies have investigated if free milk oligosaccharides can inhibit the adhesion of S. pneumoniae to epithelial cells of the respiratory tract. Here, we demonstrate that bovine oligosaccharides, which were extracted from demineralised whey, using a combination of membrane filtration and chromatography, were capable of reducing S. pneumoniae adhesion to pharynx and lung cells in vitro when tested at physiological concentrations. This study strengthens the potential use of bovine derived milk oligosaccharides as functional ingredients to reduce the incidence of infectious diseases

    Venus Mountain Waves in the Upper Atmosphere Simulated by A Time-Invariant Linear Full-Wave Spectral Model

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    A 2-D spectral full-wave model is described that simulates the generation and propagation of mountain waves over idealized topography in Venus\u27 atmosphere. Modeled temperature perturbations are compared with the Akatsuki observations. Lower atmosphere eddy diffusivity and stability play a major role in the upward propagation of gravity waves from their mountain sources. Two local times (LT) are considered. For LT = 11 h the waves are blocked by a critical level near 100 km altitude, while for LT = 16 h the waves propagate into the thermosphere. As a result of the small scale height in the Venus thermosphere, for LT = 16 h wave amplitudes grow with increasing altitude up to ~200 km, despite the increasing kinematic viscosity. Although wave amplitudes can become very large in the thermosphere, the value of the total potential temperature gradient suggests that some of these fast waves having extremely large vertical wavelengths may remain convectively stable. Our simulations suggest that the momentum and thermal forcing of the mean state due to the dissipating waves may, at times, be extremely large in the thermosphere. At a given local time, the maximum forcing of the mean state always occurs at an altitude determined by the mean winds and the upper atmospheric viscosity. The surface conditions that determine the forcing (mountain parameters, surface mean wind, eddy diffusivity, and static stability) have little impact on this altitude, but they do significantly impact the magnitude of the forcing

    Venus Mountain Waves in the Upper Atmosphere Simulated by a Time-Invariant Linear Full-Wave Spectral Model

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    A 2-D spectral full-wave model is described that simulates the generation and propagation of mountain waves over idealized topography in Venus’ atmosphere. Modeled temperature perturbations are compared with the Akatsuki observations. Lower atmosphere eddy diffusivity and stability play a major role in the upward propagation of gravity waves from their mountain sources. Two local times (LT) are considered. For LT = 11h the waves are blocked by a critical level near 100 km altitude, while for LT = 16 h the waves propagate into the thermosphere. As a result of the small scale height in the Venus thermosphere, for LT = 16 h wave amplitudes grow with increasing altitude up to ~ 200 km, despite the increasing kinematic viscosity. Although wave amplitudes can become very large in the thermosphere, the value of the total potential temperature gradient suggests that some of these fast waves having extremely large vertical wavelengths may remain convectively stable. Our simulations suggest that the momentum and thermal forcing of the mean state due to the dissipating waves may, at times, be extremely large in the thermosphere. At a given local time, the maximum forcing of the mean state always occurs at an altitude determined by the mean winds and the upper atmospheric viscosity. The surface conditions that determine the forcing (mountain parameters, surface mean wind, eddy diffusivity, and static stability) have little impact on this altitude, but they do significantly impact the magnitude of the forcing

    The performance of a diesel engine using benzol as a fuel,

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    Massachusetts Institute of Technology. Dept. of Mechanical Engineering. Thesis. 1945. B.S.MIT Institute Archives copy bound: Hickey, Thomas R. and Stephenson, Thomas I., III. The performance of a diesel engine using benzol as a fuel (1945) -- Hoigné, Emilio. Comparative economy in a small industrial plant of purchased power vs. power generated from process steam (1945) -- Howkins, John S., Jr. Design of recording interferometer (1945) -- Lenhard, Charles Ferd and Nietert, Robert William. Effect of piston contour on friction and lubrication (1945) -- McDowell, John R., III and Swartz, Paul W. Starting tests on a diesel engine (1945) -- Meade, William J., Jr. and McKay, William J. Performance tests on a two-stage air compressor (1945).Bibliography: leaf 49.by Thomas R. Hickey and Thomas I. Stephenson, III.B.S
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