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Debates about statutory interpretation typically proceed on the assumption that statutes have linguistic meanings that we can identify in the same way that we identify the meaning of utterances in ordinary conversation. But that premise is false. We identify the meaning of conversational utterances largely based on inferences about what the speaker intended to communicate. With legislatures, as now is widely recognized, there is no unitary speaker with the sort of communicative intentions that speakers in ordinary conversation possess. One might expect this recognition to trigger abandonment of the model of conversational interpretation as a framework for interpreting statutes. Instead, interpreters invent legislative intentions—purportedly "objective" ones for textualists—or purposes. With those inventions in place, judges and theorists then carry on talking about what statutes mean, or would mean to a reasonable person, as if there were a linguistic fact of the matter even in intelligibly disputed cases. But this is a deep and systematic error. Mainstream thinking about statutory interpretation needs a major reorientation. Contrary to widespread impressions, debates about statutory interpretation are not about what statutes mean as a matter of linguistic fact, but about which grounds for the attribution of an invented meaning would best promote judicial and governmental legitimacy. Having recognized that the model of conversational interpretation cannot ground claims about statutes' meanings in disputed cases, we also need to rethink the role of legislatures and courts in a political democracy. There are limits to what legislatures can reasonably be expected to accomplish. Courts need to play the role of helpmates to the legislature, not just faithful agents. In the interpretation of statutes, linguistic intuitions should matter, but primarily for normative reasons, involving justice and fairness in the coercive application of law, and not because they reveal the legislature's linguistically clear dictates.

A recent spate of election laws tightened registration rules, reduced convenient voting opportunities, and required voters to show specific types of identification in order to vote. Because these laws make voting more difficult, critics have analogized them to Jim Crow Era voter suppression laws. We challenge the analogy that current restrictive voting laws are a reincarnation of Jim Crow Era voter suppression. While there are some notable similarities, the analogy obscures a more apt comparison to a different form of voter suppression—one that operates to effectively disfranchise an entire class of people, just as the old form did for African Americans. This form of suppression excludes the poor. To account for the effective disfranchisement of the poor, we develop a more robust theory of voting than currently exists in the legal literature. Drawing on rational choice and sociological theories of voting, we show how information, affiliation with formal organizations, and integration into social networks of politically active individuals are far more important to the decision to vote than the tangible costs of voting associated with the new voter suppression. Using this expanded account of voting, we identify the role of political parties and their mobilization activities in the effective disfranchisement of the poor. Relying on the same proprietary data as the Obama campaign in 2008 and 2012 (and hundreds of campaigns since), along with other public sources of data, we show how campaigns employ a "calculus of contact" to decide whom to mobilize. That calculus leads campaigns to disproportionately neglect the poor when canvassing, calling, and sending political mailers to potential voters—mobilization activities that have a sizeable turnout effect. In our view, the most significant voter suppression tactics of the twenty-first century are therefore not what legislatures are doing, but what campaigns are not doing. We argue that a first step in combating this passive voter suppression should involve changing the ...

INTRODUCTION Multimorbidity and polypharmacy are important risk factors for drug-related hospital admissions (DRAs). DRAs are often linked to prescribing problems (overprescribing and underprescribing), as well as non-adherence with drug regimens for different reasons. In this trial, we aim to assess whether a structured medication review compared with standard care can reduce DRAs in multimorbid older patients with polypharmacy. METHODS AND ANALYSIS OPtimising thERapy to prevent Avoidable hospital admissions in Multimorbid older people is a European multicentre, cluster randomised, controlled trial. Hospitalised patients ≥70 years with ≥3 chronic medical conditions and concurrent use of ≥5 chronic medications are included in the four participating study centres of Bern (Switzerland), Utrecht (The Netherlands), Brussels (Belgium) and Cork (Ireland). Patients treated by the same prescribing physician constitute a cluster, and clusters are randomised 1:1 to either standard care or Systematic Tool to Reduce Inappropriate Prescribing (STRIP) intervention with the help of a clinical decision support system, the STRIP Assistant. STRIP is a structured method performing customised medication reviews, based on Screening Tool of Older People's Prescriptions/Screening Tool to Alert to Right Treatment criteria to detect potentially inappropriate prescribing. The primary endpoint is any DRA where the main reason or a contributory reason for the patient's admission is caused by overtreatment or undertreatment, and/or inappropriate treatment. Secondary endpoints include number of any hospitalisations, all-cause mortality, number of falls, quality of life, degree of polypharmacy, activities of daily living, patient's drug compliance, the number of significant drug-drug interactions, drug overuse and underuse and potentially inappropriate medication. ETHICS AND DISSEMINATION The local Ethics Committees in Switzerland, Ireland, The Netherlands and Belgium approved this trial protocol. We will publish the results of this trial in a peer-reviewed journal. MAIN FUNDING European Union's Horizon 2020 programme. TRIAL REGISTRATION NUMBER NCT02986425 , SNCTP000002183 , NTR6012, U1111-1181-9400.

Growing out of the Celto-Cornish political movement in the 1980s, the Cornish Dance Revival was designed to be a Celtic rather than an English Revival. Encouraged by the organisers at the Pan-Celtic Festival in Killarney, Ireland, the Cornish revivalists started to conduct fieldwork in Cornwall and collected dance material of people who were mainly in their eighties at the time of collection. The few steps and movements the revivalists recorded were then reconstructed based on a) written sources, b) oral descriptions and c) contemporary social dances of other Celtic places, and a corpus of about 40 Cornish dances was established that allowed dancers to perform 'Cornishness' on stage. However, around the year 2000, a couple of younger musicians felt restricted by this limited number of Cornish dances and the thereof resulting small musical repertoire. Additionally, the impossibility of musical variation and improvisation during non-performative Troyls (dance-nights) was lamented. Therefore, these musicians decided to create a new form of Cornish dancing that would permit more musical freedom. By looking towards their 'Celtic cousins' in Brittany, the second Cornish revivalists found a suitable role-model in the Breton Fest Noz movement, where they saw young people dancing continually for many hours in chain dances with no need for a caller or set dance forms. The new movement, Nos Lowen, was intended to be Cornish, contemporary and global at the same time. This paper investigates how this second revival movement transformed the former movement material in order to create a new form of Cornish dancing, and how this process changed the relationship between musicians and dancers during dance-nights. Additionally, and by applying revival theories, I focus on the reaction the former revivalists had towards this new interpretation of Cornish dancing and analyse how dancing and performing bodies in Cornwall have eventually moved apart.

International audience ; Artificial Intelligence represents many things: a new market to conquer or a quality label for tech companies, a threat for traditional industries, a menace for democracy, or a blessing for our busy everyday life. The press abounds in examples illustrating these aspects, but one should draw not hasty and premature conclusions. The first successes in AI have been a surprise for society at large-including researchers in the field. Today, after the initial stupefaction, we have examples of the system reactions: traditional companies are heavily investing in AI, social platforms are monitored during elections, data collection is more and more regulated, etc. The resilience of an organization (i.e. its capacity to resist to a shock) relies deeply on the perception of its environment. Future problems have to be anticipated, while unforeseen events occurring have to be quickly identified in order to be mitigated as fast as possible. The author states that this clear perception starts with a common definition of AI in terms of capacities and limits. AI practitioners should make notions and concepts accessible to the general public and the impacted fields (e.g. industries, law, education). It is a truism that only law experts would have the potential to estimate IA impacts on judicial system. However, questions remain on how to connect different kind of expertise and what is the appropriate level of detail required for the knowledge exchanges. And the same consideration is true for dissemination towards society. Ultimately, society will live with decisions made by the "experts". It sounds wise to involve society in the decision process rather than risking to pay consequences later. Therefore, society also needs the key concepts to understand AI impact on their life. This was the purpose of the trial of an IA that took place in October 2018 at the Court of Appeal of Paris: gathering experts from various fields to expose challenges in law and science towards a general public.

This article provides an analysis Descriptive just about any Rights Land Stewardship (HPL) and the state of the legal regulation of HPL on community land. Research findings is that it turns out the existence of Land Management Rights, by society in general considered to be problematic from a legal setting. In view of the general public (the men in the street) there is no clear basis in the legal arrangements of the Basic Agrarian Law regarding the HAT. Problems HPL also appear as the result of legal research normative author, with mainly navigated by Justice Theory Dignity (the dignified Justice Theory) was found that the provision HAT to the Government almost be violate or conflict with the rights to other land that had previously existed. As for the other HAT referred to are the property of land under customary law. The ownership of the land under customary law was legally recognized. In this study also found that in fact the birth of HPL owned by the Government of Sorong regency which has now become the City of Sorong on the one hand is based on the claim the Government of Sorong, proposed by the elements of the local Land Office that the origin of the HPL is a conversion from HAT in West Law (Right Erfpacht). With this fact it can be said that the Government HPL Sorong seek refuge or shelter behind Erfpact Verponding. In fact, in a Court decision expressly states that the right Erfpach judges and Erfpacht Verponding it is not there anymore. The legal consequence is Erfpacht not be used as legal basis that justifies or justification for HPL. According to the Judge, HPL Sorong government owns comes from the State Land. In short it can be said that this article contains an overview of the issues HPL law above the government-owned land parcels at the same time also be claimmerupakan land belonging to indigenous peoples. Keywords: Because of law Rights Land Stewardship; Indigenous Lands; Justice.

Multi-party mediation is transversal to almost all areas of mediation because it focuses specifically on the resolution of complex conflicts aiming at the involvement of all potentially interested parties. Furthermore, it is a means of excellence to involve all positions and interests at stake, as it seeks not only the integration of different perspectives and knowledge but also the resolution of conflicts in a phased and flexible approach. At the same time, multi-party mediation allows to perceive the existence of latent conflicts that, with adequate methodologies, can be overcome, clearing the way for joint solutions. Given the diversity of situations that can be addressed using this process (whether from family, commercial, labor, school, or environmental mediation), it is important to clarify that although there are common structuring elements, methodologies should be flexible and adapted to each case. Particularities of each case should be considered during the process design and or embraced in its course. Focusing on consensus building, multiparty mediation is thus capable of dealing with situations of imbalance of powers, insecurity in sharing opinions and perspectives, and lack of articulation, promoting safe Plurilogue spaces. Hence, multi-party mediation emerges as a conflict resolution and prevention process within a broader context of many "traditional" fields of mediation. For this paper, we have chosen an illustrative case study from the field of environmental/ administrative mediation, one of our emblematic projects – MARGov - Collaborative Governance of Marine Protected Areas. This project focussed on the Marine Park Professor Luiz Saldanha in Sesimbra, created by a top-down administrative process. Weak governance and absence of local stakeholders' participation generated conflicts over time. The Project MARGov proposed to develop a model of collaborative governance via a complex multi-party mediation process.

Starting with the results obtained by Diamond et al. (2019) for the convenience yield free riskless rate on safe assets for the U.S. market, we estimate the same rate for the German market, which is also derived from the put-call parity. Our data set consists of DAX options data ranging from 2008 to 2018 on a daily basis. We adopt the Nelson-Siegel- Svensson (NSS) model to interpolate the implied risk free rates and further calculate the risk free rates without convenience yield for maturities from three to 18 months. By comparing the option implied risk free rate with other riskless rates proxies (Euribor, German government bond rate and Pfandbrief rate), we detect a similar relationship between the rates as in the U.S. market, but for the German market, the zero coupon yields display more negative values and a decreasing trend after 2012. We further check the effects of European Central Bank's monetary policy on the option implied risk free rates by conducting regression analysis on effective monetary policy decision events for three samples. Sample one is the whole time period, sample two is the whole time period excluding one-year financial crisis of 2008-2009 and sample three is the one-year financial crisis period. We find that the monetary policies work effectively on the riskless rates, but the reactions are significantly stronger during the financial crisis period and for short term riskless rates. We further conclude that the rates in the equity options market are also affected by the monetary policy, which means that monetary policy decisions work on risk free rates even outside money-like securities. We suggest a more detailed event study on the monetary policy effects with a longer time period in sample three for future research.

, to be published in: Macarie Motogna, Mihai Hasan, Victor Vizauer (Eds.), Cel care a trecut făcabnd bine — Nicolae Edroiu, Editura coala Ardeleană, Cluj-Napoca, 2019, pp. 65-163, ongoing. The House of Publishing "Scoala Ardeleana", Cluj-Napoca, Romania refusing to publish my study on the eve of the print-out, the author retains all rights to the attached document until it is published elsewhere. Please replace the document previously sent with it. ; Part of the project "Migrating Dacia" © All right reserved -Dan Ioan Mureşan 2019 Rex Dacie / regina Dacie. Contributions to the history of Danish monarchic ideology at the end of Middle AgesBased on previous geographical confusions in Norman and Danish historiography in the 11th-12th centuries, the official creation of "Northern Dacia" pertains to the Roman Church, specifically to Pope Paschal II, simultaneously with the elevation in archbishopric of the siege of Lund, "metropolis Dacie", in 1103/1104. By transforming Denmark in a "regnum Dacie", we argue, the Roman Church "provincialized" it as a part of the new Christian Roman Empire of the Church, in the same way ancient Dacia was a province of the classical Roman Empire. From then on, "Dacia" in a restricted sense designates from the Danish kingdom, while it regards in an extended meaning the Church province of Scandinavia. The crisis of this medieval political and ecclesiastical terminology is thereafter put under closer scrutiny, starting with the making of the Union of Kalmar in 1397 and Eric VII's reign. The official visits of Christian I and Dorothea in Italy and Rome in 1474, 1475 and 1488, as "Rex Dacie" and "Regina Dacie", are here studied in some detail as the turning point when "Baltic Dacia" became part of a comprehensive European political and cartographic representation. Put in their genuine context, the few documents concerning a "Re de Dacia" starting with 1489 – recently claimed to be identified allegedly with Stephan the Great of Moldavia – concern in reality exclusively the sovereigns of ...

Speleologists are at the same time explorers, observers and users of the underground world which contains many heritages. While the imperative obligation to guarantee the most effective protection for these heritages is shared by all, the text tries to take into account the different regulatory statutes that apply to archaeological remains, living and abiotic heritages. However, ethics consists precisely in rebalancing, as much as possible, these different levels of regulation. Exploration speleology obviously aims to discover new cavities and new networks, and even if this is not their primary motivation, speleologists are sometimes led to discover archaeological remains as well. These discoveries, obtained by different means, lead to a rethinking of the conditions of access to the underground world, generally strongly defended by speleologists. A dialogue must then be established with archaeologists so that the protection and study of these remains is not at the detriment of conservation or the various stakeholders. Ethical responsibility is thus shared. ; Les spéléologues sont à la fois explorateurs, observateurs et usagers du monde souterrain qui recèlent de nombreux patrimoines. Si l'impérieuse obligation de garantir à ces patrimoines la protection la plus efficace est partagée par tous, le texte essaie de tenir compte des différents statuts règlementaires qui s'appliquent aux vestiges archéologiques, aux patrimoines vivants et abiotiques. Or l'éthique consiste justement à rééquilibrer, autant que possible, ces différents niveaux de réglementation. La spéléologie d'exploration vise évidemment à découvrir de nouvelles cavités et de nouveaux réseaux, et même si ce n'est pas leur motivation première, les spéléologues sont parfois amenés à découvrir aussi des vestiges archéologiques. Ces découvertes, obtenues par différents moyens, amènent à repenser les conditions de l'accès au monde souterrain, en général âprement défendu par les spéléologues. Un dialogue doit alors s'instaurer avec les archéologues pour que ...

266 282 264 ; S ; [EN] Marginal semi-arid forests in areas currently affected by climate change are a challenge to forest management, which has to focus on key functional traits that can effectively contribute to resistance under extreme drought. We studied the effects of thinning in a marginal forest by quantifying functional responses relating to growth, carbon and water fluxes. Two experimental plots were established, one thinned in 2012 and the other one left as a control. The environmental conditions varied substantially during the 4-year study period, although dry years predominated. There were signs of dieback in the control with a decreasing inter-annual trend in LAI, as opposed to the treated plots, where LAI by the end of the study almost reached pre-thinning levels. Sap flow and transpiration were greatly enhanced by the treatment, with thinned trees transpiring 22.41 tree(-1) day(-1) in the growing season, about twice the control figures. The seasonal patterns of transpiration and soil moisture were uncoupled, indicating a contribution of deep groundwater to the former flux. In the control, limitations to water and carbon dynamics (canopy conductance) occurred at soil moisture values below 16%, whereas in the thinned trees these limitations appeared when soil moisture dropped below 10%. Overall, oaks' transpiration was enhanced with thinning to the point that stand-water use surpassed that of the control by the second half of the study period, averaging 24% of gross rainfall in both plots. Soil evaporation increased from 12 to 20% of gross rainfall after treatment in the overall period. The treatment had a profound watering effect in this marginal forest, led by fewer trees using the same amount of water as those in the untreated overstocked plot. This research may provide guidelines for ecohydrology-oriented silviculture in stands experiencing tree encroachment and transformation into shrublands that are more prone to global change-induced disturbances. This study is a component of the research ...

1 11 9 7 ; S ; Cardoso, S. C., Soares, A. C. F., Brito, A. dos S., Santos, A. P. dos, Laranjeira, F. F., & Carvalho, L. A. de. (2012). Evaluation of tomato rootstocks and its use to control bacterial wilt disease. Semina: Ciências Agrárias, 33(2), 595-604. doi:10.5433/1679-0359.2012v33n2p595 ; [EN] Bacterial wilt, caused by Ralstonia solanacearum, is highly diverse and the identification of new sources of resistance for the incorporation of multiple and complementary resistance genes in the same cultivar is the best strategy for durable and stable resistance. The objective of this study was to screen seven accessions of cultivated eggplant (Solanum melongena L.) and 40 accessions from 12 wild relatives for resistance to two virulent R. solanacearum strains (Pss97 and Pss2016; phylotype I, race 1, biovar 3). The resistant or moderately resistant accessions were further evaluated with Pss97 in a second trial under high temperatures (and also with Pss2016 for S. anguivi accession VI050346). The resistant control EG203 was resistant to Pss97, but only moderately resistant to Pss2016. One accession of S. sisymbriifolium (SIS1) and two accessions of S. torvum (TOR2 and TOR3) were resistant or moderately resistant to Pss97 in both trials. Solanum anguivi VI050346, S. incanum accession MM577, and S. sisymbriifolium (SIS1 and SIS2) were resistant to Pss2016 in the first trial. However, S. anguivi VI050346 was susceptible in the second trial. These results are important for breeding resistant rootstocks and cultivars that can be used to manage this endemic disease. This research was funded by the Global Crop Diversity Trust] grant number [GS17011] and World Vegetable Center core funds. This work was undertaken as part of the initiative Adapting Agriculture to Climate Change: Collecting, Protecting and Preparing Crop Wild Relatives which is supported by the Government of Norway. The project is managed by the Global Crop Diversity Trust with the Millennium Seed Bank of the Royal Botanic Gardens, Kew UK and implemented ...

1607 1610 55 11 ; S ; [EN] In this work, we will report the generation of Au clusters in a purely siliceous MCM-22 zeolite. The catalytic properties of these Au clusters have been tested for the selective oxidation of cyclohexane to cyclohexanol and cyclohexanone (KA-oil). The Au clusters encapsulated in the MCM-22 zeolite are highly active and selective for the oxidation of cyclohexane to KA-oil, which is superior to Au nanoparticles on the same support. These results suggest that Au clusters are highly active for the activation of oxygen to produce radical species. This work has been supported by the European Union through the European Research Council (grant ERC-AdG-2014-671093, SynCatMatch) and the Spanish government through the "Severo Ochoa Program" (SEV-2016-0683). The authors also thank the Microscopy Service of UPV for kind help with TEM and STEM measurements. Mr J. A. Gaona is greatly acknowledged for his very helpful assistance on the catalytic studies. The XAS data were acquired at European Synchrotron Radiation Facility. The HAADF-HRSTEM studies were conducted in the Laboratorio de Microscopias Avanzadas (LMA) at the Instituto de Nanociencia de Aragon (INA)-Universidad de Zaragoza (Spain), Spanish ICTS National facility. R. A. gratefully acknowledges the support from the Spanish Ministry of Economy and Competitiveness (MINECO) through project grant MAT2016-79776-P (AEI/FEDER, UE). Liu, L.; Arenal, R.; Meira, DM.; Corma Canós, A. (2019). Generation of gold nanoclusters encapsulated in an MCM-22 zeolite for the aerobic oxidation of cyclohexane. Chemical Communications. 55(11):1607-1610. https://doi.org/10.1039/c8cc07185c Claus, P. (2005). Heterogeneously catalysed hydrogenation using gold catalysts. Applied Catalysis A: General, 291(1-2), 222-229. doi:10.1016/j.apcata.2004.12.048 Hashmi, A. S. K., & Hutchings, G. J. (2006). Gold Catalysis. Angewandte Chemie International Edition, 45(47), 7896-7936. doi:10.1002/anie.200602454 Liu, L., & Corma, A. (2018). Metal Catalysts for Heterogeneous ...

The field of social security has been subject to numerous regressive reforms since the beginning of the management of the Alliance for Change. The planned reforms of June 2016 and December 2017 adopted in the National Congress (Law 27260 entitled 'National Historical Repairment Programme for pensioners and pensioners' and Law 27.426, which modi? included the calculation of the initial existence and updates), involve regressive changes in social security with the scope of coverage, income replacement and recognition of entitlements. At the same time, but through administrative measures, thousands of non-contributory pensions were derecognised. In this article we present the evolution of non-contributory pensions in recent years and characterised the administrative measures of suspension and cancellation of pensions as violations of social security, health and adequate living standards rights, in particular for persons with disabilities. ; El campo de la seguridad social ha sido objeto de numerosas reformas regresivas desde el comienzo de la gestión de la Alianza Cambiemos. Las reformas previsionales de junio de 2016 y diciembre de 2017 aprobadas en el Congreso Nacional (la Ley 27260 denominada "Programa nacional de reparación histórica para jubilados y pensionados" y la Ley 27.426 que modi?ficó el cálculo del haber inicial y las actualizaciones) con? guran transformaciones regresivas en la seguridad social con alcances signi? cativos en la cobertura,sustitución de ingresos y en el reconocimiento de derechos. Al mismo tiempo, pero a través de medidas administrativas, se dieron de baja miles de pensiones no contributivas. En este artículo presentamos la evolución de las pensiones no contributivas en los años recientes y caracterizamos las medidas administrativas de suspensión y cancelación de pensiones como violaciones a los derechos a la seguridad social, a la salud y a gozar de un nivel de vida adecuado, en particular para las personas con discapacidad.

Purpose: The process of diversifying economic activity in rural areas and incorporating new non-agricultural and non-production functions into the rural space is currently one of the key determinants of development in these areas. A comparative assessment of Poland's competitiveness against selected European countries has been made in the study. The main objective was to present the conditions of international tourist competitiveness of rural areas in Poland in comparison to other European areas. Design/Methodology/Approach: An in-depth analysis of Poland's competitiveness as a tourist region against the European countries was carried out taking into consideration individual indicators of the second pillar. The study uses a synthetic tourist competitiveness index and panel regression to demonstrate the determinants of this phenomenon. Findings: On the basis of the conducted research, it has been shown that the natural and landscape value of Poland's agricultural areas is highly assessed on a European scale. Therefore, for many consumers in the European Union, Poland is increasingly seen as an attractive region for tourists. At the same time, the importance of these factors in the demand for tourist places has been demonstrated by distinguishing selected aspects of these conditions. Economic factors affecting internal demand as well as environmental and institutional conditions turned out to be the key ones. Practical Implications: The presented considerations are of great importance for practical reasons. They constitute an indicator which, under certain conditions can influence the increase of tourist competitive attractiveness of rural areas in an international perspective. Therefore, they allow to indicate the proper structure of investments and activities aimed at valuing public goods by both private and public entities. Originality/Value: The development of rural areas in the current conditions requires the development of non-agricultural and non-production functions. The article indicates the importance of individual resources and conditions in the proposed model. Not only was their role emphasized, but mutual relations between the factors considered were determined. ; peer-reviewed