federal jurisdiction
Recently Published Documents


TOTAL DOCUMENTS

389
(FIVE YEARS 21)

H-INDEX

6
(FIVE YEARS 0)

Energies ◽  
2021 ◽  
Vol 14 (23) ◽  
pp. 8121
Author(s):  
Maria Torres-Falcon ◽  
Omar Rodríguez-Abreo ◽  
Francisco Antonio Castillo-Velásquez ◽  
Alejandro Flores-Rangel ◽  
Juvenal Rodríguez-Reséndiz ◽  
...  

In Mexico and many parts of the world, land cargo transport units (UTTC) operate at high speeds, causing accidents, increased fuel costs, and high levels of polluting emissions in the atmosphere. The speed in road driving, by the carriers, has been a factor little studied; however, it causes serious damage. This problem is reflected in accidents, road damage, low efficiency in the life of the engine and tires, low fuel efficiency, and high polluting emissions, among others. The official Mexican standard NOM-012-SCT-2-2017 on the weight and maximum dimensions with which motor transport vehicles can circulate, which travel through the general communication routes of the federal jurisdiction, establishes the speed limit at the one to be driven by an operator. Because of the new reality, the uses and customs of truck operators have been affected, mainly in their operating expenses. In this work, a mathematical model is presented with which the optimum driving speed of a UTTC is obtained. The speed is obtained employing the equality between the forces required to move the motor unit and the force that the tractor has available. The required forces considered are the force on the slope, the aerodynamic force, and the friction force, and the force available was considered the engine torque. This mathematical method was tested in seven routes in Mexico, obtaining significant savings of fuel above 10%. However, the best performance route possesses 65% flat terrain and 35% hillocks without mountainous terrain, regular type of highway, and a load of 20,000 kg, where the savings increase up to 16.44%.


2021 ◽  
pp. 1-8
Author(s):  
Marília Gomes Teixeira ◽  
Eduardo Martins Venticinque ◽  
Marília Bruzzi Lion ◽  
Míriam Plaza Pinto

Summary The semiarid Caatinga is the largest Seasonally Dry Tropical Forest and Woodland (SDTFW) in the Neotropics. Yet the vast majority of the Caatinga is unprotected, with severe chronic anthropogenic use, exotic species and global warming among its most immediate threats. Here, we contrast the current Caatinga protected areas (PAs) scenery with that of other SDTFWs in the Neotropics. We also analyse the growth process of the PAs in the Caatinga over time across Brazilian PA categories and jurisdictions. The percentage of Caatinga that is protected is average among the SDTFWs. Caatinga has more state than federal PAs; however, the size of the PAs is greater under a federal jurisdiction. Nonetheless, in both jurisdictions, Environmental Protected Areas, one of the least restrictive categories, are more representative in terms of total area, corresponding to nearly 80% of the Caatinga PA system. Our results are relevant for international conservation goals because they depict the current PA scenery and clarify the challenges for achieving the actual preservation of the unique Caatinga biome.


2021 ◽  
Vol 40 (2) ◽  
pp. 306-309
Author(s):  
Lee Aitken

To realise that there is no Court in Australia with unlimited jurisdiction is at one stroke to recognise the continuing importance of Justice Leeming’s standard work, and the relevance of this second edition. The ‘autochthonous expedient’, as Sir Owen Dixon named it, has much to answer for: it leads inexorably to a bifurcated system of state and federal courts, which has many toils and snares for the unwary. To compound the problem, the state courts enjoy a large amount of ‘invested’ federal jurisdiction, which means that on many occasions they exercise it without appreciating the fact that they have done so.


2021 ◽  
Vol 4 ◽  
Author(s):  
Jeremy D. Allison ◽  
Mireille Marcotte ◽  
Meghan Noseworthy ◽  
Tod Ramsfield

In Canada, forest biosecurity is primarily under federal jurisdiction as the federal government is the signatory to the International Plant Protection Convention and other international trade agreements. The Canadian Food Inspection Agency (CFIA), which is Canada’s National Plant Protection Organization, has the mandate of analyzing risks, setting policy, and managing incursion responses related to forest biosecurity. Other federal government agencies play important roles; the Canada Border Services Agency (CBSA) enforces regulations at international ports of entry and the Canadian Forest Service of Natural Resources Canada conducts research and analysis in support of the development and implementation of phytosanitary regulations. The provinces and territories also manage invasive species through implementing regulations to prevent the spread of established forest pests. This paper outlines the regulatory framework for forest biosecurity within Canada, and provides case studies of species that have invaded Canadian forests or are anticipated to do so in the near future.


Author(s):  
Julius Henry Cohen ◽  
Kenneth Dayton

This article focuses on the federal arbitration law. On February 12, 1925, President Calvin Coolidge signed the United States Arbitration Law, which became effective on January 1, 1926. This act reversed the hoary doctrine that agreements for arbitration are revocable at will and are unenforceable, and in the language of the statute itself, they are made “valid, enforceable and irrevocable” within the limits of federal jurisdiction. There are three evils which arbitration is intended to correct: (1) the long delay usually incident to a proceeding at law, in equity or in admiralty, especially in recent years in centers of commercial activity, where there has arisen great congestion of the court calendars; (2) the expense of litigation; and (3) the failure, through litigation, to reach a decision regarded as just when measured by the standards of the business world. The article then argues that the proposed law rests upon the constitutional provision by which Congress is authorized to establish and control inferior federal courts. It also contends that sound public policy demands specific enforcement of arbitration agreements by the law.


Author(s):  
Robert Kitz

Plastic waste is a global environmental problem. However, management solutions must be developed within local, institutional contexts. This paper considers the Government of Canada’s ‘proposed integrated management approach to plastic products’ both as a strategy for management and as an expression of federal jurisdiction. What is the policy problem to which they are responding, and how are they characterizing that problem in order to claim jurisdiction? Most importantly, what are the policy implications of this jurisdictional question?


Author(s):  
Gregory Ablavsky

Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation’s foundational documents, particularly the U.S. Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions’ preexisting inhabitants—diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government’s effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents’ claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Ohio and Tennessee: although new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate—authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.


2021 ◽  
Vol 45 (1) ◽  
pp. 123-136
Author(s):  
Fantasia Painter

In the 1970s a string of cattle mutilations grabbed national attention. Thousands of cows in twenty-one states were turning up dead under suspicious circumstances. The culprits left no tire tracks or footprints, only exsanguinated cows missing trademark body parts. Many members of the public suspected (and still suspect) aliens were responsible. This article analyzes FBI files on the mutilations and reveals the central role Indian land played in the FBI’s search for the cow killers. It then wields Indian land to launch an Indigenous critique of settler speculations about the alien.


Author(s):  
Donald W. Rogers

This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics explain affirmation of the district court injunction. Observing flux in court personnel and law, the chapter shows that both courts embraced the contemporaneous civil liberties revolution by defending worker speech and assembly rights, but it reveals the Supreme Court as divided over constitutional logic. Justice Owen Roberts’s plurality opinion upheld speech and assembly rights under the Fourteenth Amendment privileges and immunities clause, Justice Harlan Fiske Stone’s concurrence incorporated the First Amendment into the Fourteenth Amendment due-process clause, and dissenters rejected federal jurisdiction. The ruling reflected the contentious evolution of civil liberties jurisprudence, not antiboss or labor law politics.


2020 ◽  
Vol 62 (4) ◽  
pp. 582-607
Author(s):  
Danny Blackman ◽  
Meredith Burgmann ◽  
Philippa Hall ◽  
Fran Hayes ◽  
Anne Junor ◽  
...  

Australian feminists have struggled to define the International Labour Organisation’s Equal Remuneration Convention’ goal of gender pay equity and find a platform for achieving it. Approaches based on discrimination, or a male comparator, have proved unworkable. Networking nationally and internationally, the National Pay Equity Coalition (1988–2011) formulated many submissions to industrial tribunals and parliamentary inquiries. Early interventions argued the disadvantages to women of the decentralisation of bargaining in the 1990s, but following the failure of discrimination-based cases, this focus shifted. National Pay Equity Coalition submissions came to define the gender gap, not as one between women and male comparators, but as a recognition gap. They argued that indicators of a history of gender-based undervaluation should lead to a bias-free work value assessment. Bias lay in the distance between actual job demands and their characterisation in classification descriptions. It could be redressed by fuller recognition of the work value of feminised service roles. This approach to the recognition and remedy of undervaluation informed the 1998 NSW Pay Equity Inquiry and the NSW Equal Remuneration Principle, but is not recognised in federal labour law. No Equal Remuneration Principle yet applies in the federal jurisdiction which since 2009 has governed most Australian wage setting amidst growing social inequality.


Sign in / Sign up

Export Citation Format

Share Document