773 research outputs found

    Remedies Symposium: Upstairs Downstairs: \u3cem\u3eMorales-Santana\u3c/em\u3e and the Right to a Remedy in Comparative Law

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    The Supreme Court’s ruling in Sessions v. Morales-Santana has refueled a classic debate about constitutional remedies in equal protection cases. The ways in which courts should respond to underinclusive legislation is a question that is fundamental to the idea of constitutional rights. Not just in the United States but throughout the Western world, courts struggle with the dilemma raised in Morales-Santana. In this article, I seek to broaden the debate by putting Morales-Santana in a comparative perspective. Drawing from the case law of the U.S. Supreme Court, the Court of Justice of the European Union, the Supreme Court of Canada, and the Federal Constitutional Court of Germany, I distinguish the second-guessing approach (followed in Morales) from three alternative paths: the rights-based approach, the separation of powers approach, and the dialogical model. I then evaluate these approaches in the light of the fundamental right to a remedy as recognized by many constitutions and human rights conventions. I argue that the principles underpinning this right can be used as framework for balancing the need for remedies against constitutional concerns with respect to the judicial role. In conclude by arguing for a more flexible approach based on the dialogical model and the principle of proportionality

    Lessons Learned in the Ashes: The Recovery of Arlington\u27s Library

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    On Sunday, September 15, 2002, fire broke out at the Natchez mansion of Arlington. By the time the flames were extinguished, the roof of the early nineteenth-centUI)\u27 structure had been destroyed, and the second floor gutted. While the columned facade remained, there was considerable damage to the first floor as well. The one room whose contents were largely left intact was the libra!)\u27. On Tuesday, H. T. Holmes, director of the Archives and Libra!)\u27 Division of the Mississippi Department of Archives and Histol)\u27, dispatched Special Projects Officer Michael Hennen and myself to assist in the efforts to salvage the books. Spared by the flames, many still were damaged by heat, smoke, and the water from the firehoses. Over the next three days, under the direction of Ron and Mimi Miller of the Historic Natchez Foundation, we worked with Kathleen Jenkins, curator at the National Park Service property of Melrose, and Chel)\u27l Munyer Branyan, curator of the mansion, Rosalie, to guide teams iri preparing an estimated 3,000 volumes for freezing or storage. Numerous volunteers took part in this effort, as did the MDAH Head of Reference Services Anne Webster; Archival Reformatting Unit Supervisor Julie Dees; and Archivist John Gomez

    Mazhar Osman Uzman

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    Taha Toros Arşivi, Dosya No: 56-Mazhar Osman Uzma

    Tekil Yük Etkisindeki I Kirişlerinde Yanal Desteklerin Yanal Burkulmaya Etkisi

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    Konferans Bildirisi -- Teorik ve Uygulamalı Mekanik Türk Milli Komitesi, 2013Conference Paper -- Theoretical and Applied Mechanical Turkish National Committee, 2013İnce cidarlı I kesitli kirişler günümüz yapı tekniğinde sıkça kullanılan yapı elemanlarıdır. Burulma rijitlikleri zayıf olan ince cidarlı I kesitli kirişlerin burulmaya karşı dayanımları bir takım desteklerle artırılabilir. Bu çalışmada tekil yük etkisindeki kirişlere eklenen yanal desteklerin yanal burkulma yükünü nasıl etkilediği ve elemana eklenecek olan desteklerin yeri ve ideal yay sabitlerinin sonlu eleman yöntemi ile belirlenmesi amaçlanmıştır. Çalışmanın sonunda, elemanlara eklenecek desteklerin ideal yeri ve yay sabitleri için sonuçlar verilmiştir.Thin-walled I beams are the structural elements that are used frequently in today’s construction techniques. Resistance against torsion of the thin-walled I-beams having weak torsional rigidity can be increased through some bracing. In this study, it is aimed to see how lateral bracings attached to the beams subjected to a vertical force affects lateral buckling moment, and to determine the ideal spring constants of the bracings to be attached to the beam by finite element method. In the end of this study, the results are given for ideal location and spring constants of bracings which are added to elements

    Un cas de meningiome frontal simulant le tableau de la maladie d'alzheimer

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    Taha Toros Arşivi, Dosya No: 56-Mazhar Osman Uzma

    Annotation: EHRM 2011-01-13

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    EHRM5050De bescherming van fundamentele rechten in een integrerend Europ

    Enemies of the People – Directe democratie en de rechter

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    The Legitimacy and Effectiveness of Law & Governance in a World of Multilevel Jurisdiction
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