scholarly journals Reformulating dolus eventualis: Guidance from America and Germany

Author(s):  
Kirstin Hagglund ◽  
Franaaz Khan

Dolus eventualis has correctly been described as an ‘enigma’. Not only has it been variously described by the courts, but the courts have applied the two-stage test without providing an in-depth analysis of what it means. Both dolus eventualis required for murder and conscious negligence required for culpable homicide, contain an element of subjective foresight of the remote possibility of death occurring. As a result, the distinction between murder and culpable homicide has become confused over the years, and is evident in the courts vacillating between findings of murder and culpable homicide. Considering the lack of clarity, this article examines the test for dolus eventualis in the case of murder and determines whether it can be more clearly distinguished from culpa, in the case of culpable homicide. German and American law and academic opinion is consulted in order to establish how the respective countries have dealt with the conflation of murder and negligent killings.

2014 ◽  
Vol 4 (3) ◽  
pp. 623-642
Author(s):  
H. A. Khalifa ◽  
E. E. Ammar

This paper deals with a fuzzy programming approach for treating an interactive two-stage stochastic rough-interval water resource management. The approach has been developed by incorporating an interactive fuzzy resolution method within a rough two-stage stochastic programming framework. The approach can not only tackle dual rough intervals presented as an inexact boundary intervals that exist in the objective function and the left- and right-hand sides of the constraints that are associated with different levels of economic penalties when the promised policy targets are violated. The results indicate that a set of solutions under different feasibility degrees has been generated for planning the water resources allocation. They can help the decision makers to conduct in depth analysis of tradeoffs between economic efficiency and constraint-violation risk, as well as enable them to identify, in an interactive way, a desired compromise between satisfaction degree of the goal and feasibility of the constraints. A management example in terms of rough-intervals water resources allocation has been treated for the sake of applicability of the proposed approach.


2006 ◽  
Vol 19 (4) ◽  
pp. 931-956 ◽  
Author(s):  
JORGE L. ESQUIROL

This essay focuses on Alejandro Álvarez's seminal article, ‘Latin America and International Law’, published in 1909 in the American Journal of International Law. Offering and in-depth analysis of the text, it foregrounds the strategic meaning of Álvarez's work in the light of the international politics of his day. It posits that, more than simply a diplomatic history of Latin American particularity, Álvarez presents the case for a different hemispheric international order, based on an ‘American international law’ extending to the United States. He draws primarily an Latin American Precedents – based on historical and stituational commonalities – to argue for a common public law. He then grafts an idiosyncratic interpretation of the Monroe Doctrine as the United States' main contribution to this common law, as well as the fact of US sponsorship of various Americas-wide conferences resulting in the ratification of regional treaties. Notably, and this is one of the main points of this is one of the main points of this essay, Álvarez elevates certain Latin American states as leaders in regional international law and capable agents of its enforcement across the hemisphere. In short, this essay advances the claim that Álvarez's project of pan-American law in effect entreats the United States to share its hegemony and wield its power in the region jointly with Latin America's ‘better-constituted’ states.


Author(s):  
Sengshiu Chung ◽  
Peggy Cebe

We are studying the crystallization and annealing behavior of high performance polymers, like poly(p-pheny1ene sulfide) PPS, and poly-(etheretherketone), PEEK. Our purpose is to determine whether PPS, which is similar in many ways to PEEK, undergoes reorganization during annealing. In an effort to address the issue of reorganization, we are studying solution grown single crystals of PPS as model materials.Observation of solution grown PPS crystals has been reported. Even from dilute solution, embrionic spherulites and aggregates were formed. We observe that these morphologies result when solutions containing uncrystallized polymer are cooled. To obtain samples of uniform single crystals, we have used two-stage self seeding and solution replacement techniques.


Author(s):  
Gejing Li ◽  
D. R. Peacor ◽  
D. S. Coombs ◽  
Y. Kawachi

Recent advances in transmission electron microscopy (TEM) and analytical electron microscopy (AEM) have led to many new insights into the structural and chemical characteristics of very finegrained, optically homogeneous mineral aggregates in sedimentary and very low-grade metamorphic rocks. Chemical compositions obtained by electron microprobe analysis (EMPA) on such materials have been shown by TEM/AEM to result from beam overlap on contaminant phases on a scale below resolution of EMPA, which in turn can lead to errors in interpretation and determination of formation conditions. Here we present an in-depth analysis of the relation between AEM and EMPA data, which leads also to the definition of new mineral phases, and demonstrate the resolution power of AEM relative to EMPA in investigations of very fine-grained mineral aggregates in sedimentary and very low-grade metamorphic rocks.Celadonite, having end-member composition KMgFe3+Si4O10(OH)2, and with minor substitution of Fe2+ for Mg and Al for Fe3+ on octahedral sites, is a fine-grained mica widespread in volcanic rocks and volcaniclastic sediments which have undergone low-temperature alteration in the oceanic crust and in burial metamorphic sequences.


2019 ◽  
Vol 21 (44) ◽  
pp. 24478-24488 ◽  
Author(s):  
Martin Gleditzsch ◽  
Marc Jäger ◽  
Lukáš F. Pašteka ◽  
Armin Shayeghi ◽  
Rolf Schäfer

In depth analysis of doping effects on the geometric and electronic structure of tin clusters via electric beam deflection, numerical trajectory simulations and density functional theory.


2007 ◽  
Vol 177 (4S) ◽  
pp. 121-121
Author(s):  
Antonio Dessanti ◽  
Diego Falchetti ◽  
Marco Iannuccelli ◽  
Susanna Milianti ◽  
Gian P. Strusi ◽  
...  
Keyword(s):  

2007 ◽  
Vol 177 (4S) ◽  
pp. 120-120
Author(s):  
Pamela I. Ellsworth ◽  
Anthony Caldamone
Keyword(s):  

2005 ◽  
Vol 38 (18) ◽  
pp. 68
Author(s):  
SHARON WORCESTER
Keyword(s):  

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