general application
Recently Published Documents


TOTAL DOCUMENTS

665
(FIVE YEARS 97)

H-INDEX

34
(FIVE YEARS 3)

2022 ◽  
pp. 247-268
Author(s):  
Nnabuk Okon Eddy ◽  
Rajni Garg

Adsorption is widely acknowledged as one of the best options that are available for the removal of contaminants from water. Contamination of water does not only create water scarcity, but it has the capacity to generate and transfer several environmental problems including threat to public health. This chapter reviewed calcium oxide nanoparticle (CaONP) as a noble metal oxide for the removal of contaminants from water. The review is concentrated in the general overview of water contamination, metal oxide nanoparticles, general application of CaONP, synthetic methods, characterization method, and applications. The chapter observed that little is done on the use of CaONP for the removal of contaminants from water except for dyes, some heavy metal ions, and few organic/inorganic compounds. It is also observed that CaONP can be applied as adsorbent and in photocatalytic degradation of dye. Suggestions are made on the possibility of utilizing local raw materials that are easily accessible, cheap, and environmental sources of raw materials for the synthesis of CaONP.


2021 ◽  
Vol 46 (2) ◽  
pp. 1-24
Author(s):  
Fareed Moosa ◽  

Sec. 63 of the Tax Administration Act 28 of 2011 (TAA) grants officials of the South African Revenue Service (SARS) access to taxpayers’ private and confidential information by, first, searching a taxpayer’s person and premises without a warrant and, secondly, permitting the seizure of taxpayers’ possessions and communications. Part One of this article (see Journal for Juridical Science 2021(1)) argued that the TAA is a “law of general application” as envisaged by the so-called “limitation clause” contained in sec. 36(1) of the Constitution, 1996 and that, in terms of the threshold stage of analysis prescribed by this provision, the exercise of the powers conferred by sec. 63(1) and (4) limits a taxpayer’s constitutional right to privacy as entrenched in sec. 14 of the Constitution. In this Part Two of the article, it will be hypothesised that, although the search and seizure powers in sec. 63(1) and (4) of the TAA are not models of drafting with absolute clarity, they ought, in terms of the second stage of enquiry that is triggered by the findings in Part One, nevertheless to pass muster under sec. 36(1) of the Constitution, because of the justifiability of the limitation imposed on the right to privacy by these provisions.


2021 ◽  
Vol 13 (24) ◽  
pp. 13575
Author(s):  
Francisco J. Tapia-Ubeda ◽  
José A. Isbej Muga ◽  
Diego A. Polanco-Lahoz

This paper focuses on two main topics: presenting a novel framework for assessing the sustainability of a productive process and the application of the framework to the specific case of Chile. The proposed framework integrates green supply chain management and circular economy within the sustainability perspective as drivers for improvements in sustainable development. Within the framework, the greening factor is introduced as a new concept that measures the required effort for a productive process to become sustainable. On one hand, the framework aims at computing the greening factor based on the impacts of resources exploitation and products generation. Additionally, the greening factor computation was designed based on qualitative and quantitative analysis of economic, social, and environmental mainstays. On the other hand, this paper presents a general application of the framework on the five biggest Chilean industries, i.e., mining, wine, forest, agriculture, and aquaculture. Based on the presented generalized application, it is possible to foresee the potentiality of Chile becoming a green country in spite of its productive matrix being mainly based on primary industries.


2021 ◽  
Vol 9 (2-3) ◽  
pp. 212-243
Author(s):  
Tristan Cummings

Abstract This article defends an analytical framework based on systems theory, reflexive law, and Teubner’s regulatory trilemma. J v B exemplifies the numerous overlapping social relations, and forms a case study on the relationship between the State, community, and minority religious individuals, and on how this relationship can break down from the systems theoretical perspective. The article uses this case as a testing ground for a modified systems theoretical approach, treating this conflict between family law and religion as a regulatory problem. Although it centers on English family law, the article should be read as a piece of normative legal theory of general application. In the final section, it explores reflexive secularity and how this may apply in cases where law and religion interact, such as J v B.


2021 ◽  
Author(s):  
◽  
Matthew Webb

<p>Burial disputes are something of a novelty in New Zealand. Most are resolved amicably by those with ties to the deceased. The exception to has been the long-running case of Takamore v Clarke, the matter finally being resolved by the Supreme Court this year. Burial disputes raise fundamental issues of religious and cultural identity (including tikanga Māori), personhood, and the meaning of family. Despite their rarity in New Zealand, the response of the law in resolving such disputes should “fit the fuss”, having regard to the context in which they arise. This essay begins by discussing the form of resolution advocated for by the majority and minority in Takamore. Their respective approaches are essentially the same, especially with regards to tikanga Māori. This is one of Court intervention coupled with a merits-based assessment of the dispute. However the Court failed to apprehend there was no pressing need for burial, prior to creating a solution of general application. The experience of comparable jurisdictions, where speedy resolution has been necessary (such as Australia) demonstrates that the role of the Court applying such a test in burial disputes is misconceived. Rather than providing “justice” for the parties concerned, merits-based resolution produces unfair and unconvincing outcomes. The more just response is to ensure the parties never get to Court, via mediation. Insofar as agreement is not possible, the role of the Court should be supervisory in the application of a prescriptive test emphasising expediency and ensuring the dispute is resolved out of Court.</p>


2021 ◽  
Author(s):  
◽  
Annabel Shaw

<p>Mediation has been a part of New Zealand’s employment statutory framework in one form or another for over a century, and has been the first port of call for employment disputes under the current Employment Relations Act for nearly 15 years.¹ I have been working as a mediator in this context for almost seven years in more than 1,000 mediations. Lawyers are playing a significant part in the field of mediation, with a large number representing clients in this forum on a regular basis. In an evaluation of 100 of my mediations over a ten-month period, 85% of parties were legally represented. This rate is consistent with anecdotal reporting across the employment mediation service. Lawyer representation in mediation is not unique to the employment context. There are various mediation schemes provided for under many New Zealand statutes as well as a wide raft of non-statutory mediation occurring in numerous settings. In my experience as a mediator with human rights and leaky building mediations, as well as working as a lawyer in a large commercial law firm, I am aware lawyers are representing clients in many other areas of mediation as well. Although there is a significant amount of mediation occurring and a large number of lawyers regularly appearing in mediation, my experience is that the majority of lawyers act in mediation as if they were in litigation and take an adversarial approach. My thesis is that lawyers have not adapted effectively to mediation and taken on the role of mediation advocacy. This paper explores the topic by first describing, in Part II, what I observe as lawyers’ adversarial approach in mediation. It then looks at other research to assess whether this experience is reflective of a wider issue. It finds there is evidence to support my observations. Part III analyses why lawyers are operating in an adversarial way in mediation and proposes several reasons this may be the case. Part IV puts forward what I propose is appropriate mediation advocacy. It sets out the knowledge, roles and skills required from lawyers when representing clients in mediation. Part V suggests what might be done to assist a shift away from the common, adversarial approach to effective mediation advocacy. This paper is written within the context of employment mediation in New Zealand. However, it draws on research from different jurisdictions and areas of practice so the conclusions it comes to may have more general application. The topic is not whether lawyers should be in mediation. I am not arguing that lawyers do not have a part to play in mediation. A lawyer well versed in mediation advocacy can play a highly effective part in the process. Leonard Riskin, one of the key authors on the topic of lawyers in mediation, expresses this even more strongly, saying he believes lawyers’ involvement is fundamental to mediation’s success.² Further, this paper is focused on lawyers representing parties in mediation and does not consider lawyers as mediators.</p>


2021 ◽  
Author(s):  
◽  
Matthew Webb

<p>Burial disputes are something of a novelty in New Zealand. Most are resolved amicably by those with ties to the deceased. The exception to has been the long-running case of Takamore v Clarke, the matter finally being resolved by the Supreme Court this year. Burial disputes raise fundamental issues of religious and cultural identity (including tikanga Māori), personhood, and the meaning of family. Despite their rarity in New Zealand, the response of the law in resolving such disputes should “fit the fuss”, having regard to the context in which they arise. This essay begins by discussing the form of resolution advocated for by the majority and minority in Takamore. Their respective approaches are essentially the same, especially with regards to tikanga Māori. This is one of Court intervention coupled with a merits-based assessment of the dispute. However the Court failed to apprehend there was no pressing need for burial, prior to creating a solution of general application. The experience of comparable jurisdictions, where speedy resolution has been necessary (such as Australia) demonstrates that the role of the Court applying such a test in burial disputes is misconceived. Rather than providing “justice” for the parties concerned, merits-based resolution produces unfair and unconvincing outcomes. The more just response is to ensure the parties never get to Court, via mediation. Insofar as agreement is not possible, the role of the Court should be supervisory in the application of a prescriptive test emphasising expediency and ensuring the dispute is resolved out of Court.</p>


2021 ◽  
Author(s):  
◽  
Annabel Shaw

<p>Mediation has been a part of New Zealand’s employment statutory framework in one form or another for over a century, and has been the first port of call for employment disputes under the current Employment Relations Act for nearly 15 years.¹ I have been working as a mediator in this context for almost seven years in more than 1,000 mediations. Lawyers are playing a significant part in the field of mediation, with a large number representing clients in this forum on a regular basis. In an evaluation of 100 of my mediations over a ten-month period, 85% of parties were legally represented. This rate is consistent with anecdotal reporting across the employment mediation service. Lawyer representation in mediation is not unique to the employment context. There are various mediation schemes provided for under many New Zealand statutes as well as a wide raft of non-statutory mediation occurring in numerous settings. In my experience as a mediator with human rights and leaky building mediations, as well as working as a lawyer in a large commercial law firm, I am aware lawyers are representing clients in many other areas of mediation as well. Although there is a significant amount of mediation occurring and a large number of lawyers regularly appearing in mediation, my experience is that the majority of lawyers act in mediation as if they were in litigation and take an adversarial approach. My thesis is that lawyers have not adapted effectively to mediation and taken on the role of mediation advocacy. This paper explores the topic by first describing, in Part II, what I observe as lawyers’ adversarial approach in mediation. It then looks at other research to assess whether this experience is reflective of a wider issue. It finds there is evidence to support my observations. Part III analyses why lawyers are operating in an adversarial way in mediation and proposes several reasons this may be the case. Part IV puts forward what I propose is appropriate mediation advocacy. It sets out the knowledge, roles and skills required from lawyers when representing clients in mediation. Part V suggests what might be done to assist a shift away from the common, adversarial approach to effective mediation advocacy. This paper is written within the context of employment mediation in New Zealand. However, it draws on research from different jurisdictions and areas of practice so the conclusions it comes to may have more general application. The topic is not whether lawyers should be in mediation. I am not arguing that lawyers do not have a part to play in mediation. A lawyer well versed in mediation advocacy can play a highly effective part in the process. Leonard Riskin, one of the key authors on the topic of lawyers in mediation, expresses this even more strongly, saying he believes lawyers’ involvement is fundamental to mediation’s success.² Further, this paper is focused on lawyers representing parties in mediation and does not consider lawyers as mediators.</p>


2021 ◽  
Vol 133 (1029) ◽  
pp. 114503
Author(s):  
J. Brendan Hagan ◽  
George Rieke ◽  
Ori D. Fox ◽  
Alberto Noriega-Crespo ◽  
Dean C. Hines ◽  
...  

Abstract We evaluate the hit rate of cosmic rays and their daughter particles on the Si:As IBC detectors in the IRAC instrument on the Spitzer Space Telescope. The hit rate follows the ambient proton flux closely, but the hits occur at more than twice the rate expected just from this flux. Toward large amplitudes, the size distribution of hits by single-charge particles (muons) follows the Landau Distribution. The amplitudes of the hits are distributed to well below the energy loss of a traditional “average minimum-ionizing proton” as a result of statistical fluctuations in the ionization loss within the detectors. Nonetheless, hits with amplitudes less than a few hundred electrons are rare; this places nearly all hits in an amplitude range that is readily identified given the read noises of modern solid-state detectors. The spread of individual hits over multiple pixels is dominated by geometric effects, i.e., the range of incident angles, but shows a modest excess probably due to: (1) showering and scattering of particles; (2) the energy imparted on the ionization products by the energetic protons; and (3) interpixel capacitance. Although this study is focused on a specific detector type, it should have general application to operation of modern solid-state detectors in space.


Author(s):  
Tobias Weiss ◽  
◽  
Susanne Strahringer ◽  

The publication discusses the adaptation of dedicated known methods for structured content analysis for the usage of smartphone apps, taking into account the specifics of these dynamic media types and resulting consequences for the procedure and content rating. The background is the increasing popularity of apps and the growing demand for precise analysis of the status quo regarding the content and functions of apps on the market, esp. within design-oriented business informatics. Within the literature, no uniform, comparable and systematic approach to this could be identified so far. Therefore, an existing standard for the evaluation of apps from the medical context has been adapted for general application to apps. This provides a helpful procedure for researchers, practitioners, and students and ensures consistency across studies. The feasibility of the proposed method and assessment standard were confirmed by a successful demonstrational instantiation based on an app review of energy information systems for private customers.


Sign in / Sign up

Export Citation Format

Share Document