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I have argued elsewhere that there are four basic types of judicial review of legislation currently operating in different jurisdictions: strong and weak judicial review, and strong and weak basic structure review. In this chapter, I will provide an account of the role of a ‘democratic judge’ operating under each of these types. A democratic judge, under this perspective, is not a judge that puts majority preferences above constitutional rights, but one that is particularly attentive to the relative finality of her decisions. I will argue that when determining whether to issue a declaration of invalidity in a hard case, a democratic judge would consider the institutional and cultural factors that directly or indirectly influence the difficulty of amending the constitution under which she operates. Conversely, in systems where judges only have the power to issue declarations of inconsistency, a democratic judge would attempt to ensure that her judgments inform ordinary citizens that a rights-inconsistent law has been adopted by the legislature, and to present legislative majorities with arguments that lead them to reconsider whether the relevant law should remain valid. Democratic judges, I will argue, need to be aware that although the different forms of judicial review come accompanied by their own democratic justifications, they are susceptible to different (anti-democratic) pathologies that may render those justifications inapplicable.
The chapter proceeds in the following way. The first section introduces the four types of judicial review. Each type, it will be seen, rests in a different conception of the relationship between courts, legislatures, and ‘the people’ (understood here as those individuals who are represented by the legislature). From a formal perspective, what determines the ‘strength’ of a system of strong judicial review of legislation is the relative finality of a judicial finding of unconstitutionality. Such finality largely depends on the institutional possibilities of a legislative or popular response to the decision at issue (for example, a constitutional amendment). The second section of the chapter begins by considering the ways in which each of the four types of judicial review can be justified from a democratic perspective. These justifications, it will be argued, do not always work, as there are factors that affect the relative finality (and the practical effects) of a judicial declaration of invalidity or of inconsistency, and therefore their susceptibility of being overridden.
Criminal groups often avoid the limelight, shunning publicity. However, in some instances, they overtly communicate, such as with banners or signs. This article explains the competition dynamics behind public criminal communication and provides theory and evidence of the conditions under which it emerges. Relying on a new dataset of approximately 1,800 banners publicly deployed by Mexican criminal groups from 2007 to 2010, the study identifies the conditions behind such messaging. The findings suggest that criminal groups “go public” in the presence of interorganizational contestation, violence from authorities, antagonism toward the local media, local demand for drugs, and local drug production. Some of these factors are associated only with communication toward particular audiences: rivals, the state, or the public. An interesting finding is that the correlates of criminal propaganda are sometimes distinct from those of criminal violence, suggesting that these phenomena are explained by separate dynamics.
Both transposition of the great arteries (TGA) previously submitted to a Senning/Mustard procedure and congenitally corrected TGA (cc-TGA) have the systemic circulation supported by the morphological right ventricle, thereby rendering these patients to heart failure events risk. The aim of this study was to evaluate cardiopulmonary exercise test parameters for stratifying the risk of heart failure events in TGA patients.
Retrospective evaluation of adult TGA patients with systemic circulation supported by the morphological right ventricle submitted to cardiopulmonary exercise test in a tertiary centre. Patients were followed up for at least 1 year for the primary endpoint of cardiac death or heart failure hospitalisation. Several cardiopulmonary exercise test parameters were analysed as potential predictors of the combined endpoint and their predictive power were compared (area under the curve).
Cardiopulmonary exercise test was performed in 44 TGA patients (8 cc-TGA), with a mean age of 35.1 ± 8.4 years. The primary endpoint was reached by 10 (22.7%) patients, with a mean follow-up of 36.7 ± 26.8 months. Heart rate at anaerobic threshold had the highest area under the curve value (0.864), followed by peak oxygen consumption (pVO2) (0.838). Heart rate at anaerobic threshold ≤95 bpm and pVO2 ≤20 ml/kg/min had a sensitivity of 87.5 and 80.0% and a specificity of 82.4 and 76.5%, respectively, for the primary outcome.
Heart rate at anaerobic threshold ≤95 bpm had the highest predictive power of all cardiopulmonary exercise test parameters analysed for heart failure events in TGA patients with systemic circulation supported by the morphological right ventricle.
Four Beauveria bassiana and three Metarhizium brunneum isolates were evaluated, as soil drenches, against Spodoptera littoralis prepupae. Treatment efficacy was determined by assessing total mortality during development from prepupae through to pupae and adults; mortality and sub-lethal effects on reproduction were also quantified for adults emerging from surviving prepupae/pupae. All isolates were pathogenic but overall mortality varied between 31.7 and 83.3% (0% for control); average survival time was 7.5–10.5 days (14.0 days for control). From 1.7–15.0% of adults emerging from surviving prepupae/pupae were deformed (0% in control). Contact with fungal suspensions as prepupae/pupae caused a significant reduction in fecundity of emerging adult females (15–58.9%), and a significant reduction in egg viability (6.8–28.4%) compared with controls. Two isolates were selected for virulence evaluation against S. littoralis prepupae. The LC50s were 1.7 × 107 and 1.8 × 107 conidia ml−1 and the median survival times were 7 and 6 days for isolates EAMa 01/58-Su and EAMb 09/01-Su, respectively. Destruxin A was present in pupae developing from prepupae treated with isolates EAMa 01/58-Su (0.010 ± 0.002 µg pupae−1) and EAMb 09/01-Su (0.015 ± 0.003 µg pupae−1). The use of entomopathogenic fungi as soil drenches could be a key component of S. littoralis IPM strategies due to direct reductions in the number of soil-dwelling life stages and, also, the significant reduction in reproductive potential of surviving adults.
The aim of this work was to use X-ray diffraction to identify substances used for adulteration of raw milk and to determine if crystallographic analysis can detect extraneous substances in milk. Two unknown substances were sent anonymously by employers linked to the dairy chain, who claimed that they were added directly in milk prior to water addition by truck drivers. The samples were analyzed by X-ray diffraction and submitted to physicochemical analysis. The first substance was identified by X-ray diffraction as sodium citrate, complying with its physicochemical attributes, such as the powerful ability to decrease the freezing point. The second substance was identified by X-ray diffraction as sucrose and this result was also in agreement with its ability to increase the density, decrease the freezing point and finally, to be positive for sucrose in the resorcinol qualitative test. To evaluate if X-ray diffraction can detect extraneous substances already mixed in milk, fresh raw milk samples tampered with urea, sodium hydroxide, sodium citrate and sucrose were freeze dried and analyzed by X-ray diffraction, with no detection of any extraneous substances at any percentage. This is the first report of attempted diagnosis of extraneous substances in milk by X-ray diffraction. However, this technique can be useful only when applied to identify substances used for adulteration prior to its dilution in milk, since the amorphous nature of milk seems to be a limitation for the accurate detection of extraneous substances.
The Chilean species traditionally assigned to the genera Chlamys Röding, 1798 or Zygochlamys Ihering, 1907 are now placed in two new endemic South American taxa: Dietotenhosen n. gen. (middle Miocene–early middle Pliocene), to include the southeastern Pacific Ocean species D. hupeanus (Philippi, 1887) n. comb. and D. remondi (Philippi, 1887) n. comb., and Ckaraosippur n. gen. (earliest middle Miocene–Pliocene), for C. calderensis (Möricke, 1896) n. comb. (Chile) and C. camachoi n. sp. (Argentina). Both genera are the youngest survivors of the tribe Chlamydini in southern South America. None of them is related to the circumpolar genus Psychrochlamys Jonkers, 2003, and the previous proposal of the dispersal through the Antarctic Circumpolar Current for the species included herein in Dietotenhosen is rejected.
We present a model for capillary-scale objects that bounce on a fluid bath as they also translate horizontally. The rebounding objects are hydrophobic spheres that impact the interface of a bath of incompressible fluid whose motion is described by linearised quasi-potential flow. Under a quasi-normal impact assumption, we demonstrate that the problem can be decomposed into an axisymmetric impact onto a quiescent bath surface, and the unforced evolution of the surface waves. We obtain a walking model that is free of impact parametrisation and we apply this formulation to model droplets walking on a vibrating bath. We show that this model accurately reproduces experimental reports of bouncing modes, impact phases and time-dependent wave field topography for bouncing and walking droplets. Moreover, we revisit the modelling of horizontal drag during droplet impacts to incorporate the effects of the changes in the pressed area during droplet–surface contacts. Finally, we show that this model captures the recently discovered phenomenon of superwalkers.
There is a long history of exploitation of the South American river turtle Podocnemis expansa. Conservation efforts for this species started in the 1960s but best practices were not established, and population trends and the number of nesting females protected remained unknown. In 2014 we formed a working group to discuss conservation strategies and to compile population data across the species’ range. We analysed the spatial pattern of its abundance in relation to human and natural factors using multiple regression analyses. We found that > 85 conservation programmes are protecting 147,000 nesting females, primarily in Brazil. The top six sites harbour > 100,000 females and should be prioritized for conservation action. Abundance declines with latitude and we found no evidence of human pressure on current turtle abundance patterns. It is presently not possible to estimate the global population trend because the species is not monitored continuously across the Amazon basin. The number of females is increasing at some localities and decreasing at others. However, the current size of the protected population is well below the historical population size estimated from past levels of human consumption, which demonstrates the need for concerted global conservation action. The data and management recommendations compiled here provide the basis for a regional monitoring programme among South American countries.
This paper examines the recovery of the wall-shear stress of a turbulent boundary layer that has undergone a sudden transition from a rough to a smooth surface. Early work of Antonia & Luxton (J. Fluid Mech., vol. 53, 1972, pp. 737–757) questioned the reliability of standard smooth-wall methods for measuring wall-shear stress in such conditions, and subsequent studies show significant disagreement depending on the approach used to determine the wall-shear stress downstream. Here we address this by utilising a collection of experimental databases at
that have access to both ‘direct’ and ‘indirect’ measures of the wall-shear stress to understand the recovery to equilibrium conditions of the new surface. Our results reveal that the viscous region (
) recovers almost immediately to an equilibrium state with the new wall conditions; however, the buffer region and beyond takes several boundary layer thicknesses before recovering to equilibrium conditions, which is longer than previously thought. A unique direct numerical simulation database of a wall-bounded flow with a rough-to-smooth wall transition is employed to confirm these findings. In doing so, we present evidence that any estimate of the wall-shear stress from the mean velocity profile in the buffer region or further away from the wall tends to underestimate its magnitude in the near vicinity of the rough-to-smooth transition, and this is likely to be partly responsible for the large scatter of recovery lengths to equilibrium conditions reported in the literature. Our results also reveal that smaller energetic scales in the near-wall region recover to an equilibrium state associated with the new wall conditions within one boundary layer thickness downstream of the transition, while larger energetic scales exhibit an over-energised state for several boundary layer thicknesses downstream of the transition. Based on these observations, an alternative approach to estimating the wall-shear stress from the premultiplied energy spectrum is proposed.
Human trafficking is a crime and a human rights violation that involves various and simultaneous traumatic events (sexual and physical violence, coercion). Yet, it is unknown how the patterning of violence and coercion affects the mental health of female and male trafficking survivors.
We conducted a cross-sectional study using a sample of 1015 female and male survivors of trafficking who received post-trafficking assistance services in Cambodia, Thailand or Vietnam. We assessed symptoms of anxiety and depression with the Hopkins Symptoms Checklist and symptoms of post-traumatic stress disorder (PTSD) with the Harvard Trauma Questionnaire. Violence was measured with questions from the World Health Organization International Study on Women's Health. Latent class analysis (LCA) was used to identify distinct patterns of violence and coercion in females and males. Novel multi-step mixture modelling techniques were employed to assess the association of the emergent classes with anxiety, depression and PTSD in females and males.
LCA identified two distinct classes of violence and coercion experiences in females (class I: severe sexual and physical violence and coercion (20%); class II: sexual violence and coercion (80%)) and males (class I: severe physical violence and coercion (41%); class II: personal coercion (59%)). Females in class I had a two-fold increase in the odds of anxiety (OR = 2.10; 95% CI: 1.57–2.81) and PTSD (OR = 2.07; 95% CI: 1.03–4.17) compared with females in class II, but differences in the prevalence of anxiety, depression and PTSD were not significant when comparing males in class I to class II.
Specific patterns of violence and coercion provide a more in-depth understanding of the role of gender in the experience of violence and coercion and its association with mental health in survivors of trafficking. This information could be useful to target comprehensive mental health services for female and male trafficking survivors.