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The EU faces one of the deepest crises since its formation. A dangerous rule of law backsliding in several Member States undermines the Union’s common values and puts Europe to the test. This raises the question of how to substantially address violations of EU values in judicial proceedings before the Court of Justice. Unfortunately, relying on fundamental freedoms, EU secondary legislation and even the Charter will not help much to resolve this value crisis. This Article takes a different path and calls for engaging with Article 2 TEU itself. Yet this proposal rests on a crucial premise: The judicial applicability of the values enshrined in Article 2 TEU. Based on recent jurisprudential developments, this Article will elaborate a framework for the operationalization of Article 2 TEU values and demonstrate how their judicial applicability can be construed. The judgments of Associação Sindical dos Juízes Portugueses, Minister for Justice and Equality (“L.M.”) and Commission v. Poland will be at the heart of this proposal.
In this chapter, we show how changing budgets influence the mix of intervention strategies. A non-intuitive implication of our argument is that lack of funds may prompt a liberal intervener to switch to a less democratic intervention strategy. The logic is that money allows a liberal intervener a luxury of sorts: of being able to improve electoral conditions (and so make it harder for the favored government to win) while offsetting any disadvantages with massive aid, for their favored ticket. The case of Greece, in which the United States sponsored a change in electoral rules (in an undemocratic direction) in 1951–1952 conforms to this logic. Our discussion of coups provides scope condition for our argument, by showing how polarization and competitors influence the choice of electoral interventions over coups. We show that high polarization causes outsiders to prefer coups over elections. In that sense, we echo Dahl's central insight, about the conditions enabling democracy to exist. We also show that superpower competition heightens the risk of coups. The reason is that competing in elections becomes costly. The high prevalence of coups during the Cold War complies to this logic.
Nicholas Allott considers how relevance theory can be seen as responding to doubts about the possibility of any kind of systematic pragmatic theory. He considers three sceptical positions: Fodor’s argument that pragmatic processes are not amenable to scientific study because they are unencapsulated (highly context-sensitive), Chomsky’s claim that human intentional action is a mystery rather than a scientifically tractable problem, and a third view which maintains that intentional communication is too complex for systematic study. Allott argues that work in relevance theory can be seen as successfully challenging these sceptical views and he gives concrete examples of its achievements.
In this chapter, Jacques Moeschler addresses some complex issues about the function of negation and its interaction with metarepresentation. He identifies three distinct uses of negation, namely, descriptive negation and two kinds of metarepresentational negation (one metalinguistic, the other presupposition-cancelling), which differ in their semantic entailments. His key claim is that all three of them have what he calls ‘representational’ (or propositional) effects on the context, specifically the elimination and/or the strengthening of existing assumptions, albeit different for each of the uses.
This paper examines the Q-marking construction: an interrogative construction in which a question phrase takes scope over a higher clause even though it appears in a lower clause. In this construction, the scope of a question phrase is extended by the presence of another word, the Q-marker, in a higher clause. While the syntax of this construction has been described and analysed in a number of works, its intonation is yet to receive commensurate attention. This paper presents data from two unrelated languages in which the Q-marking construction can be used to form questions: Hungarian and Slovenian. Data show that while the Q-marker shares properties with question words in Hungarian (they bear the same pitch accent), in Slovenian the Q-marker and question words bear distinct pitch accents. Furthermore, in Hungarian a direct intonational link exists between the Q-marker and a question phrase whose scope is extended, rather than an indirect one between the Q-marker and the entire lower clause in which the question phrase appears. The Slovenian data are compatible with the existence of either an indirect or a direct intonational link. These findings reveal hitherto unidentified dimensions of cross-linguistic variation, for which any analysis of the Q-marking construction must account.
Paramedics Providing Palliative Care at Home was launched in two provinces, including a new clinical practice guideline, database, and paramedic training. The aim of this study was to evaluate patient/family satisfaction and paramedic comfort and confidence.
In Part A, we gathered perspectives of patients/families via surveys mailed at enrolment and telephone interviews after an encounter. Responses were reported descriptively and by thematic analysis. In Part B, we surveyed paramedics online pre- and 18 months post-launch. Comfort and confidence were scored on a 4-point Likert scale, and attitudes on a 7-point Likert scale, reported as the median (interquartile range [IQR]); analysis with Wilcoxon ranked sum/thematic analysis of free text.
In Part A, 67/255 (30%) enrolment surveys were returned. Three themes emerged: fulfilling wishes, peace of mind, and feeling prepared for emergencies. In 18 post-encounter interviews, four themes emerged: 24/7 availability, paramedic professionalism and compassion, symptom relief, and a plea for program continuation. Thematic saturation was reached with little divergence. In Part B, 235/1255 (18.9%) pre- and 267 (21.3%) post-surveys were completed. Comfort with providing palliative care without transport improved post launch (p = < 0.001) as did confidence in palliative care without transport (p = < 0.001). Respondents strongly agreed that all paramedics should be able to provide basic palliative care.
After implementation of the multifaceted Paramedics Providing Palliative Care at Home Program, paramedics describe palliative care as important and rewarding. The program resulted in high patient/family satisfaction; simply registering provides peace of mind. After an encounter, families particularly noted the compassion and professionalism of the paramedics.
This article considers which legal regimes apply in cases where a Danish citizen and/or resident returns from Syria or Iraq after having taken part in the armed conflict on behalf of the group known as Islamic State, and continues his/her affiliation with the armed group. The article argues that international humanitarian law currently applies to the Danish territory and that a Danish foreign fighter may continue to be considered as taking a direct part in hostilities after having returned from Iraq or Syria. The article then considers the application of Danish criminal law to returned foreign fighters and argues that Danish counterterrorism laws do not apply to members of the armed forces of an armed group that is party to an armed conflict with Denmark.
This article presents a novel analysis of Negative Auxiliary Inversion (NAI) constructions such as didn't many people eat, in which a negated auxiliary appears in pre-subject position. NAI, found in varieties including Appalachian, African American, and West Texas English, has a word order identical to a yes/no question, but is pronounced and interpreted as a declarative. We propose that NAI subjects are negative DPs, and that the negation raises from the subject DP to adjoin to Fin (a functional head in the left periphery). Three properties of NAI motivate this analysis: (i) scope freezing effects, (ii) the various possible and impossible NAI subject types, and (iii) the incompatibility of NAI constructions with true Double-Negation interpretations. Implications for theories of Negative Concord, Negative Polarity Items, and the representation of negation are discussed.
We investigated whether diversification and/or structural change would improve Norwegian agriculture. Using a flexible technology approach to account for different technologies, we assessed economies of scope and scale of dairy and cropping farms, including regional differences. We fitted translog cost functions to farm-level panel data for the period 1991–2014. We found both economies of scope and scale on the farms. Dairy farms have an economic incentive to integrate dairying with cropping in all regions of Norway, and vice versa. Thus, policy makers should eschew interventions that inhibit diversification or structural change and that increase the costs of food production.
A stochastic production frontier approach was used to estimate input distance functions for U.S. grass-fed beef (GFB) production. Average technical efficiencies of 0.84 and 0.79 were found for U.S. GFB whole farms and enterprises, respectively. Producer education level, experience, farm size, annual net farm income from the GFB operation, annual net household income from off-farm sources, and regional differences are the efficiency drivers of U.S. GFB farms. Increasing returns to scale were found for U.S. GFB farms. Our results suggest that U.S. GFB farms can be scale efficient if the optimal size of the operation is greater than approximately 100 GFB animals.
This article considers the approach to the res judicata principle taken by the International Court of Justice (ICJ or the Court) and, specifically, its application in its 2016 judgment on preliminary objections in the latest dispute between Nicaragua and Colombia. The judgment joins the small number of ICJ decisions in which the Court was evenly split, an altogether rare situation, which, at the time of the decision, had not occurred since the Nuclear Weapons Advisory Opinion. Intriguingly, such a fracture seems to have been prompted by differences over the operation of a procedural principle the understanding of which is comparatively uncontroversial. Upon closer analysis, however, the disagreement reveals that more significant questions were at stake, with members of the minority issuing a vocal joint dissent and several individual declarations. This study will move in three parts: first, it will provide an overview of the nature and purpose of the principle of res judicata, its application in international adjudication, and its use by the ICJ; second, it will analyze the Court's reading of the principle in the case at issue; third, it will expose the broader implications of one such approach for the role and authority of the World Court and the international judiciary.
On December 21, 2016, the Grand Chamber of the Court of Justice of the European Union (CJEU) dismissed an action brought by the Front Polisario challenging a decision of the Council of the European Union (EU) approving the conclusion of an agreement between the European Union and the Kingdom Morocco on the reciprocal liberalization of certain agricultural products. The CJEU held, based on the relevant rules of international law applicable between the EU and Morocco, that the agreement did not apply to the territory of Western Sahara. Apart from its obvious political overtones, the judgment is significant in further developing the CJEU's approach to the law of treaties and the principle of self-determination in international law.
Previous research on the one-among-others effect has shown that inducing empathic concern towards a victim presented alongside with a small number of other victims enhances (a) the perception of this set of victims as separate and different individuals (instead of as a group), and (b) the preference to help them individually (rather than collectively). We propose that inducing a local (vs. global) perceptual scope increases (vs. lessens) these two outcomes. In this work, participants first reported their perception of an ad that showed a victim depicted as one-among-others and, afterwards, were unexpectedly asked to indicate their preference for giving the victims either “individualized”, “collective”, or “equal” assistance. In Experiment 1 (N = 48), we manipulated the participants’ local (vs. global) perceptual scope and allowed empathy concern to occur naturally. In Experiment 2 (N = 213), we manipulated both the perceptual scope and empathy concern. Overall, results showed that the combined presence of local scope and empathic concern increased the awareness of others (ηp2 = .203 and .047, 95% CI = [0.05, 0.35] and [0.03, 0.13], ps < .03) and the preference for individualized assistance (zs = 2.08 and 2.74, ps < .02). Lastly, we discuss the theoretical and practical implications of perceiving a set of victims as individuals (rather than as a group) in need.
Major disasters occurring within the Unites States require nursing participation as a component of a successful response. Disaster nursing includes the care of populations affected by disasters, public health emergencies, and mass casualty events, both natural and man-made. A unique knowledge base, abilities, and skills are needed to respond appropriately to health care and human service needs resulting from these events.
Despite prior efforts to advance disaster nursing as a specialty, none were sustainable and a professional framework for establishing standards and guidelines remains lacking.
Disaster nursing is a complex arena where the intersection of competence, scope of practice, regulation, and clinical guidelines continues to evolve. Professional credibility and our contribution to disaster response lie in our ability to articulate and advance professionalism. Disaster nursing as a specialty practice requires a similar foundational framework to nursing specialties recognized by the American Nurses Association within a model of professional practice in order to ensure population outcomes that are reflective of safe, quality, evidence-based practice.
It is time to define a disaster nursing scope of practice, establish standards for care, identify best practices, and pursue the establishment of an independent professional organization within the field of disaster nursing. This will establish the necessary foundation for optimizing nursing’s contribution to and support of the National Health Security Strategy. (Disaster Med Public Health Preparedness. 2017;11:641–646)
Based on a discussion of correlations between syntactic position, prosodic cues, aspect and generic vs. non-generic interpretations, this paper substantiates that Danish Bare Plural count nouns (BPs) have a wider distribution than Bare Singular count nouns (BSs). BPs, unlike BSs, can occur in subject position, function as both generic and existential arguments, and appear with all aspectual verb classes. However, BPs and BSs expressing a non-generic, modificational meaning concur in object position of activity verbs and stative verbs with a possession relation implicature. These V+BP and V+BS structures, it is suggested, form a progressive continuum of three different subtypes of pseudo-incorporation (PI), namely (i) PI of BPs (low integration as in spise æbler ‘eat apples’), (ii) PI of type 1 BSs (medium integration as in male hus ‘paint house’), and (iii) PI of type 2 BSs (maximum integration as in spille violin ‘play violin’).
The U.S. brewing industry was at a low point in the 1980s. Since that time, more than 4,000 new breweries of varying scales and scopes have entered the market. Given the rapid expansion in this industry, which involves large capital costs, it is useful to consider the competitive nature of individual firms. Using a sample of New England breweries, this study identifies several firm and geographic attributes that are linked to firms’ product offerings. We find that the breadth of product lines and nature of competition varies by brewery type and by the economic environment of the market.
A brief overview of structural and functional brain characteristics related to g is presented in the light of major neurobiological theories of intelligence: Neural Efficiency, P-FIT and Multiple-Demand system. These theories provide a framework to discuss the main objective of the paper: what is the relationship between individual alpha frequency (IAF) and g? Three studies were conducted in order to investigate this relationship: two correlational studies and a third study in which we experimentally induced changes in IAF by means of transcranial alternating current stimulation (tACS). (1) In a large scale study (n = 417), no significant correlations between IAF and IQ were observed. However, in males IAF positively correlated with mental rotation and shape manipulation and with an attentional focus on detail. (2) The second study showed sex-specific correlations between IAF (obtained during task performance) and scope of attention in males and between IAF and reaction time in females. (3) In the third study, individuals’ IAF was increased with tACS. The induced changes in IAF had a disrupting effect on male performance on Raven’s matrices, whereas a mild positive effect was observed for females. Neuro-electric activity after verum tACS showed increased desynchronization in the upper alpha band and dissociation between fronto-parietal and right temporal brain areas during performance on Raven’s matrices. The results are discussed in the light of gender differences in brain structure and activity.