Automobiles: Statute Giving Vehicle Approaching from the Right the Right of Way: Violation of Statute as Contributory Negligence Per Se

1921 ◽  
Vol 19 (7) ◽  
pp. 742
Keyword(s):  
Right Of Way ◽  
Contributory Negligence ◽  
Per Se ◽  
The Right

ANALYSIS OF REGULATIONS REGARDING THE SETTLEMENT OF ISSUES ON THE REMOVAL AND RECOVERY OF PLANTATIONS IN THE RIGHT-OF-WAY OF PUBLIC ROADS

2020 ◽  
pp. 55-60
Author(s):  
Nataliia Kharytonova ◽  
Olha Mykolaienko ◽  
Tetyana Lozova
Keyword(s):  
Traffic Safety ◽  
Climatic Factors ◽  
Visual Orientation ◽  
Right Of Way ◽  
Adverse Weather ◽  
Overhead Power Lines ◽  
The Right ◽  
Neck Diameter ◽  
Proper Operation

Greening of roads contributes to the protection of roads and their elements from influence of adverse weather and climatic factors; it includes the measures for improvement and landscaping of roads, ensures the protection of roadside areas from transport pollution, provides visual orientation of drivers. The solution of these issues will ensure creation and maintenance of safe and comfortable conditions for travelers. Green plantings in the right-of-way road area include woody, bushy, flower and grass vegetation of natural and artificial origin. For proper operation of public roads and satisfaction of other needs of the industry, there may be the need in removing the greenery. The reason for the removal of greenery in the right-of-way road area may be due to the following factors: construction of the architectural object, widening of the motor road, repair works in the security zone of overhead power lines, water supply, drainage, heating, telecommunications facilities, cutting of hazardous, dry and fautal trees, as well as self-grown and brushwood trees with a root neck diameter not exceeding 5 cm, elimination of the consequences of natural disasters and emergencies. The removal of plantations in the right-of-way area is executed in order to ensure traffic safety conditions and to improve the quality of plantations composition and their protective properties. Nowadays, in Ukraine there is no clear procedure for issuing permits for removing of such plantations. In order to resolve this issue, there is a need in determining the list of regulations in the area of forest resources of Ukraine and, if needed, the list of regulatory acts that have to be improved; to prepare a draft of the regulatory legal act that would establish the procedure of plantations cutting, the methodology of their condition determination, recovery costs determination, the features of cutting. Keywords: plantations, cutting, right-of-way, woodcutting permit, order.

scholarly journals Treating COVID-19: are we missing out the window of opportunity?

2020 ◽  
Author(s):  
Jeremiah Sundararaj Stanleyraj ◽  
Nandini Sethuraman ◽  
Rajesh Gupta ◽  
Sohanlal Thiruvoth ◽  
Manisha Gupta ◽  
...  
Keyword(s):  
Viral Replication ◽  
Severe Disease ◽  
Window Of Opportunity ◽  
Time Intervals ◽  
Immunomodulatory Agents ◽  
Course Of Disease ◽  
Inflammatory Cascade ◽  
Replication Phase ◽  
Per Se ◽  
The Right

Abstract Severe COVID-19 is a biphasic illness, with an initial viral replication phase, followed by a cascade of inflammatory events. Progression to severe disease is predominantly a function of the inflammatory cascade, rather than viral replication per se. This understanding can be effectively translated to changing our approach in managing the disease. The natural course of disease offers us separate windows of specific time intervals to administer either antiviral or immunomodulatory therapy. Instituting the right attack at the right time would maximize the benefit of treatment. This concept must also be factored into studies that assess the efficacy of antivirals and immunomodulatory agents against COVID-19.

Yielding the Right of Way: An Informal Look

1985 ◽  
Vol 61 (1) ◽  
pp. 222-222
Author(s):  
John Trinkaus
Keyword(s):  
Right Of Way ◽  
The Right

Evaluating and Improving Locomotive Crashworthiness Using LS-DYNA

2000 ◽  
Author(s):  
Stephen J. Kokkins ◽  
S. Kash Kasturi ◽  
Wayne Kong ◽  
S. K. John Punwani
Keyword(s):  
Finite Element ◽  
Structural Design ◽  
Structural Models ◽  
Structural Behavior ◽  
Right Of Way ◽  
Dynamic Finite Element ◽  
Rail Vehicles ◽  
Linear Material ◽  
The Right ◽  
Modeling Code

Abstract Representative structural models of locomotives, other rail vehicles, and other potential colliding objects were combined into moving consists which were then subjected to various collision scenarios. The LS-DYNA dynamic finite-element modeling code was utilized to realistically simulate collisions and guide understanding and improvements of the locomotive structures. This incorporated the effects of the collision interactions, plus critical non-linear material and structural behavior, buckling, fracture, kinematics, and wayside interactions of the vehicles. The types of collisions included: locomotive-headed consists striking standing consists obliquely fouling the Right Of Way, headed both by freight cars and other locomotives; locomotives striking loose, loaded intermodal containers dislodged from opposing cars on adjacent track. Work on multiple coupled locomotive overrides in direct consist collisions is now being conducted. The effects of varying parameters such as collision speeds, location and orientation of the colliding vehicles, and structural improvements were explored and quantified. Also, the effects of some structural design modifications such as stronger collision posts and cab structure were evaluated using this process. Verification studies to date have shown good correlation between the analytical simulations and observed outcome of actual historical accidents.

Right to Life and Capital Punishment in Transnational Judicial Dialogue

2021 ◽  
pp. 1-27
Author(s):  
Jimmy Chia-Shin Hsu
Keyword(s):  
Capital Punishment ◽  
The United States ◽  
Soviet Bloc ◽  
Right To Life ◽  
Value Choices ◽  
The Us ◽  
Direct Contrast ◽  
Analytical Argument ◽  
Per Se ◽  
The Right

Abstract In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment. This fills in a gap in the literature, which has failed to reflect new developments in Asia. Besides analysing various review approaches, I extrapolate recurrent analytical issues and reconstruct dialogues among these court decisions. Moreover, I place the analysis in historical perspective by periodising the jurisprudential trajectory of the right to life. The contextualised reconstructive dialogues offer multilayered understanding of my central analytical argument: for any court that may conduct per se review of capital punishment in the future, the highly influential South African Makwanyane case does not settle the lesson. The transnational debate has been kept open by the Korean Constitutional Court's decisions, as well as retrospectively by the US cases of Furman and Gregg. This argument has two major points. First, the crucial part of the reasoning in Makwanyane, namely that capital punishment cannot be proven to pass the necessity test under the proportionality review, is analytically inconclusive. The Korean Constitutional Court's decision offers a direct contrast to this point. Second, the exercise of proportionality review of the Makwanyane Court does not attest to the neutrality and objectivity of proportionality review. Rather, what is really dispositive of the outcome are certain value choices inhering in per se review of capital punishment.

scholarly journals Possibilities of Spatial Data to Determine the Extent of the Occupancy of the Right-of-Way by Large-Format Advertisements

2017 ◽  
Vol 25 (2) ◽  
pp. 5-19
Author(s):  
Agnieszka Bieda ◽  
Anita Kwartnik-Pruc ◽  
Edyta Puniach
Keyword(s):  
Spatial Data ◽  
Objective Assessment ◽  
Common Element ◽  
Real Property ◽  
Large Format ◽  
The Road ◽  
Noticeable Increase ◽  
Right Of Way ◽  
The Right ◽  
Real Estate Management

Abstract Large-format advertisements are becoming a more and more common element of building facades, especially in city centers. Placing an object of this type is not without significance to the real property management. A large-format advertising billboard on the facade, on the one hand, is associated with the possibility of renting advertising space, on the other - it can lead to the occupancy of a right-of-way, which results in a necessity to pay appropriate fees, in the amount regulated by the Act on Public Roads. Placing an object such as a large-format advertising billboard in a right-of-way requires a permit of the manager of this road. However, if a billboard is located on the facade of a building, occupancy of the right-of-way is not always the case. If the boundary of the road parcel runs along the contour of the building, a billboard placed on the elevation will always occupy the right-of-way. However, property boundaries often run at a distance from the building. Such situations - desired by managers - result in a noticeable increase in demand for surveying opinions to determine what part of the right-of-way is occupied by a large-format advertisement. This article analyzes the cases of the right-of-way being occupied by large-format advertising placed on the facades of buildings in the city center. For selected objects, information was obtained from public records, National Cartographic Documentation Center database, and direct surveying was performed with various techniques. This allowed for an objective assessment of the possible use of available surveying methods and the acquired spatial data to determine the right-of-way occupied by large-format advertisements for purposes of real estate management.

The Right of Philosophy and the Facts of History: Foucault, Derrida, Descartes

2016 ◽  
Author(s):  
Gabriel Rockhill
Keyword(s):  
Social Sciences ◽  
The Social ◽  
History Of ◽  
Per Se ◽  
The Right ◽  
The Relationship

This chapter proposes a counter-history of a seminal debate in the transition from structuralism to post-structuralism. It calls into question the widespread assumption that Derrida rejects Foucault’s structuralist stranglehold by demonstrating that the meaning of a text always remains open. Through a meticulous examination of their respective historical paradigms, methodological orientations and hermeneutic parameters, it argues that Derrida’s critique of his former professor is, at the level of theoretical practice, a call to return to order. The ultimate conclusion is that the Foucault-Derrida debate has much less to do with Descartes’ text per se, than with the relationship between the traditional tasks of philosophy and the meta-theoretical reconfiguration of philosophic practice via the methods of the social sciences.

The Principles Governing Public Authority Liability in Poland

2020 ◽  
pp. 66-68
Author(s):  
Marek Wierzbowski ◽  
Marek Grzywacz ◽  
Joanna Róg Dyrda ◽  
Katarzyna Ziółkowska
Keyword(s):  
General Principle ◽  
Civil Code ◽  
The State ◽  
Public Authority ◽  
Administrative Action ◽  
General Terms ◽  
Administrative Procedures ◽  
Per Se ◽  
Polish Law ◽  
The Right

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very general terms, because everyone shall have the right to be awarded damages for any harm done by administrative action contrary to the law. The more detailed provisions of the Civil Code implement such general principle. More generally, the liability of administrative authorities is regarded as being subject to private law standards. However, in some cases illegality per se will not suffice for liability. This is the case, in particular, for administrative acts that are characterized by real discretion. Moreover, administrative procedures are regulated by parliamentary legislation. Another particular feature of Polish law is that, to prove the unlawfulness of the action taken by administrative authorities, on both procedural and substantive grounds, claimants must bring an action before administrative courts.

Sign in / Sign up

Export Citation Format

Share Document