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Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstanding. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing. Although English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and criminal justice concepts. However, there exists greater similarities among diverse systems of criminal law and justice than is commonly realised. This book will explore the foundational principles and concepts that underpin the different domestic systems. It will focus on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.
A major limitation in nanoindentation analysis techniques is the inability to accurately quantify pile-up/sink-in around indentations. In this work, the contact area during indentation is determined simultaneously using both contact mechanical models and direct in situ observation in the scanning electron microscope. The pile-up around indentations in materials with low H/E ratios (nanocrystalline nickel and ultrafine-grained aluminum) and the sink-in around a material with a high H/E ratio (fused silica) were quantified and compared to existing indentation analyses. The in situ projected contact area measured by scanning Eelectron Mmicroscopy using a cube-corner tip differs significantly from the classical models for materials with low H/E modulus ratio. Using a Berkovich tip, the in situ contact area is in good agreement with the contact model suggested by Loubet et al. for materials with low H/E ratio and in good agreement with the Oliver and Pharr model for materials with high H/E ratio.
The origin of malnutrition in older age is multifactorial and risk factors may vary according to health and living situation. The present study aimed to identify setting-specific risk profiles of malnutrition in older adults and to investigate the association of the number of individual risk factors with malnutrition.
Data of four cross-sectional studies were harmonized and uniformly analysed. Malnutrition was defined as BMI < 20 kg/m2 and/or weight loss of >3 kg in the previous 3–6 months. Associations between factors of six domains (demographics, health, mental function, physical function, dietary intake-related problems, dietary behaviour), the number of individual risk factors and malnutrition were analysed using logistic regression.
Community (CD), geriatric day hospital (GDH), home care (HC), nursing home (NH).
CD older adults (n 1073), GDH patients (n 180), HC receivers (n 335) and NH residents (n 197), all ≥65 years.
Malnutrition prevalence was lower in CD (11 %) than in the other settings (16–19 %). In the CD sample, poor appetite, difficulties with eating, respiratory and gastrointestinal diseases were associated with malnutrition; in GDH patients, poor appetite and respiratory diseases; in HC receivers, younger age, poor appetite and nausea; and in NH residents, older age and mobility limitations. In all settings the likelihood of malnutrition increased with the number of potential individual risk factors.
The study indicates a varying relevance of certain risk factors of malnutrition in different settings. However, the relationship of the number of individual risk factors with malnutrition in all settings implies comprehensive approaches to identify persons at risk of malnutrition early.
Since the 1990s, facilities for individuals at putative risk for psychosis have mushroomed and within a very short time have become part of the standard psychiatric infrastructure in many countries. The idea of preventing a severe mental disorder before its exacerbation is laudable, and early data indeed strongly suggested that the sooner the intervention, the better the outcome. In this paper, the authors provide four reasons why they think that early detection or prodromal facilities should be renamed and their treatment targets reconsidered. First, the association between the duration of untreated psychosis and outcome is empirically established but has become increasingly weak over the years. Moreover, its applicability to those who are considered at risk remains elusive. Second, instruments designed to identify future psychosis are prone to many biases that are not yet sufficiently controlled. None of these instruments allows an even remotely precise prognosis. Third, the rate of transition to psychosis in at-risk patients is likely lower than initially thought, and evidence for the success of early intervention in preventing future psychosis is promising but still equivocal. Perhaps most importantly, the treatment is not hope-oriented. Patients are more or less told that schizophrenia is looming over them, which may stigmatize individuals who will never, in fact, develop psychosis. In addition self-stigma has been associated with suicidality and depression. The authors recommend that treatment of help-seeking individuals with mental problems but no established diagnosis should be need-based, and the risk of psychosis should be de-emphasized as it is only one of many possible outcomes, including full remission. Prodromal clinics should not be abolished but should be renamed and restructured. Such clinics exist, but the transformation process needs to be facilitated.
This is a copy of the slides presented at the meeting but not formally written up for the volume.
Pulsed Laser Deposition (PLD) has become a widespread technique for fabrication of thin films. A powerful pulsed laser is used to create a plasma off a target material, which is subsequently epitaxially deposited on a heated single crystal substrate. The PLD process can take place at relatively high oxygen pressures (up to 100 Pa), thereby making it especially suited for the deposition of complex oxides. For the purpose of studying the crystalline structure of the film during growth, a special sample chamber has been constructed to be used with synchrotron X-rays. The first results of deposition of thin films of YBa2Cu3O7-ä as well PbTiO3 on SrTiO3 substrates were obtained at the European Synchrotron Radiation Facility. From intensity oscillations of the specularly reflected X-ray beam it is concluded that growth proceeds in a layer-by-layer fashion. Deposition was interrupted several times, which allowed for detailed structural characterization of the grown film at the deposition temperature of 780°C, where pronounced Kiessig fringes show that the surface is particularly smooth. A simple growth model, which contains a large degree of inter-layer mass transport, is used to describe the data and shows that a quantitative interpretation of the data is possible.
This work summarizes the methodical capabilities, improvements, and new developments in the radiocarbon laboratory of the accelerator mass spectrometry (AMS) facility at the University of Cologne, Germany, which was established in 2010. During the past years, the laboratory has specialized in the analysis of small and gaseous samples. We thus, recently installed a second ion source dedicated for radiocarbon (14C) analysis of CO2 samples at our 6 MV Tandetron AMS from High Voltage Engineering Europe B.V. that is coupled with the gas injection system from Ionplus and an EuroVector EA 3000 elemental analyzer. This work summarizes all pretreatment methods and analytical facilities established in our laboratory during the last years including 14C analysis of individual organic compounds and of CO2 trapped on molecular sieves. We also report different blank values including our long-term blank since 2011, which is for normal-sized, solid samples (650–1000 µg C) 0.0012 ± 0.0004 F14C (54,305 ± 2581 yr BP, n = 484). The precision obtained for modern samples measured as graphite is 0.5% and for gaseous samples injected with the GIS ≤2%.
The formation of the spherical Guinier—Preston zones in an aluminum-silver alloy is governed by a metastable miscibility gap, which consists of two different sections. The lower section occurs below 170°C (η state), the higher section up to 420°C (∊ state). The zones in the two sections differ in their silver concentration and in their atomic order. To prove the change in order, a combination of X-ray small-angle scattering and electric resistivity measurements was used. As the resistivity depends on the zone size and the atomic order, the change in order can be found when the zone size is known. This size was measured by the X-ray technique. To complete the results, X-rays ingle-crystal diffraction patterns with monochromatic radiation were taken at different stages. According to these patterns, three different states must be distinguished.
The η′ state exists at room temperature after quenching from 550°C. The silver atoms prefer a layered arrangement in the zones, which is not very stable. It is destroyed after short annealings above 100°C. The η state is developed during annealing below 170°C. A three-dimensional atomic order is built up with increasing zone size, which results in a marked decrease in the resistivity. For the ∊ state (above 170°C), a nearly random atomic distribution exists. Step-quenching experiments prove that the ordered η state can also be developed at room temperature.
Based on density functional theory, we recently suggested that metastable α-WB2 is a promising candidate combining very high hardness with high toughness. These calculations further suggested that the addition of Tantalum supports the crystallization of α-structured W1−xTaxB2−z, with only minor reduction in toughness. Thus, various Ta containing WB2-based coatings have been synthesized using physical vapor deposition. With increasing Ta content, the hardness increases from ~41 GPa (WB2) to ~45 GPa (W0.74Ta0.26B2). In situ micromechanical cantilever bending tests exhibit fracture toughness KIC values of 3.7 to 3.0 MPa√m for increasing Ta content (single-phased up to 26 at.% Ta).
Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both within and across the country's geographical boundaries. The transformation of state institutions in this context has been set in motion and shaped by different policy imperatives: from demands for medical care to the promotion of economic competition and the need to implement international trade commitments, including specific levels of intellectual property protection. Despite a strong commitment to social change, to address the legacies of apartheid, as well as the relative strength and political will of the dominant political party, the African National Congress, the transformation of a number of state institutions was significantly framed by the global environment in which the country found itself. In the context of South Africa's democratic transition and the devastating HIV/AIDS pandemic, the state responded to a range of shifting opportunities and constraints, whether real or perceived. As a result, impetus was given to different policies and competing political and economic factions, enabling particular institutions and rules to be embraced, created, reshaped, or simply foregone.
Lawyers for conservative and libertarian causes are active in organizing and mobilizing interest groups within the conservative coalition, and networks of relationships among those lawyers help to maintain and shape the coalition. Using data gathered in interviews with seventy-two such lawyers, this article analyzes characteristics of the lawyers and the structure of their networks. The findings suggest that the networks are divided into segments or blocks that are identified with particular constituencies, but that a distinct set of actors with extensive relationships serves to bridge the constituencies. Measures of centrality and brokerage confirm the structural importance of these actors in the network, and a search of references in news media confirms their prominence or prestige. This “core” set of actors occupies the “structural hole” in the network that separates the business constituency from religious conservatives. Libertarians, located near the core of the network, also occupy an intermediate position. Regression analysis of ties within the network suggests that the Federalist Society plays an important role in bringing the lawyers together.
The extent and nature of lawyers' participation in civic life probably has important effects on the character of the community's activity and its outcomes. Where and how lawyers participate in voluntary associations may influence the ability of those organizations to function within the larger structure of American institutions.
This paper compares findings from two surveys of Chicago lawyers, the first conducted in 1975 and the second in 1994-95. Contrary to some expectations, the available evidence does not suggest that community activities of lawyers decreased. Moreover, lawyers' energies in 1995 appear to have been devoted more often to socially concerned organizations, those with a reformist agenda, than had been the case in 1975. The types of organizations with the greatest increase in activity were religious and civic associations. A smaller percentage of the respondents held leadership positions in 1995 than in 1975, but, because of a doubling in the number of lawyers, the best estimate is that the bar's absolute level of contribution to community leadership did not change greatly.
In both 1975 and 1995, a hierarchy of social prestige appears to have influenced the pattern of lawyers' community activities. Lawyers who had higher incomes, were middle-aged, were Protestants, and who had attended elite law schools were more likely to be active or leaders in most kinds of organizations. In ethnic and fraternal organizations, however, the elites of the profession had relatively low rates of participation, while government lawyers, solo practitioners, and graduates of less prestigious law schools predominated. Status hierarchies within the broader community—as well as social differences in taste, preference, or “culture”—clearly penetrate the bar.
Some research on lawyers active in politics has found that the ties among them create networks in which a center or core of influential actors is surrounded by more peripheral participants. Other studies, however, found more segmented networks, sometimes lacking central players. This research examines the structure and determinants of political ties among forty-seven elite lawyers who served organizations prominent in fourteen national policy issues in 2004–05. The analysis finds a network structure that resembles a rough circle with Republicans on one side and Democrats on the other. Lawyers affiliated with organizations representing a broad constellation of interests are closer to the center of the network, while those working for specialized or narrow causes tend to be located in the periphery. Ties are more dense among conservatives than among liberals. Lawyers who work as organizational leaders or managers are more likely to be near the center than are litigators. Central actors contribute larger amounts to election campaigns. The organized bar, especially the American Bar Association, appears to provide links between liberals and conservatives in one segment of the network.
This research originated from a request that the American Bar Foundation provide information to the Chicago Bar Association's Committee on the Development of the Law in its study of the Association's “role and purpose.” The resulting research by the Foundation is much broader than that originally contemplated in our early conversations with the Committee, and it now constitutes a major study of the Chicago legal profession and its relation to the organizations that represent it A significant part of the study, however, has been addressed to the CBA's concerns, and this article was originally prepared as a report to the Committee. It is being published because we believe that its findings and analyses will be of wider interest. The form of the article remains that of the report to the Committee, though it has been revised for publication.