Revista Jurídica Digital UANDES
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Review of Hüseyin Yılmaz, Caliphate Redefined: the Mystical Turn in Ottoman Political Thought (Princeton NJ: Princeton University Press, 2018)
No full textAnálisis de la Ley N° 20.760 sobre declaración de un solo empleador: revisión jurisprudencial a cinco años de su entrada en vigencia
No full textThe purpose of this work is to carry out a theoretical and practical analysis of the case law on Statute Law No. 20,760, regarding the single employer declaration commonly referred to as “Multirut”. First, it addresses the reasons that led to the enactment of the Statute Law, as well as its content and legal effects. These allow us to understand the need for that regulation. Secondly, an in-depth analysis of the case law on the subject over the past five years is made in order to verify the way in which the judges have dealt with the declaration of the sole employer, how the concept of common labor management has been understood, and what type of evidence has been considered. Thirdly, and based on the same analysis, other accessory but relevant aspects are dealt with, such as who has standing to sue, who can be sued, the time at which such declaration may be requested, and the application of associated sanctions such as subterfuge, among others. Finally, some practical reflections and proposals are made to improve the practical application of this Statute Law.El presente trabajo tiene por objeto practicar un análisis teórico y práctico sobre la aplicación jurisprudencial que han hecho los jueces de la instancia a los preceptos de la Ley N° 20.760 sobre declaración de un solo empleador, denominada coloquialmente “Multirut”. En primer lugar se revisarán las razones que llevaron a la dictación de la ley, así como su contenido y efectos lo que permitirá entender la necesidad de su existencia. En segundo lugar se desarrolla un análisis en profundidad de las sentencias dictadas sobre la materia en estos 5 años por los Juzgados de Letras del Trabajo, para verificar cómo los sentenciadores han tratado la declaración de único empleador, cómo se ha entendido el concepto de dirección laboral común y cuáles son los indicios que se han considerado. En tercer lugar, y sobre la base del mismo análisis jurisprudencial, se tratan otros aspectos accesorios pero relevantes: quiénes tienen legitimación activa para demandar, quiénes tienen legitimación pasiva, en qué momento puede solicitarse dicha declaración, y la aplicación de sanciones asociadas como el subterfugio, entre otras. Por último, se presentan algunas reflexiones prácticas y se enuncian algunas propuestas de mejora en la aplicación de esta ley
Do financial experts on the board matter? An empirical test from the United Kingdom's non-life insurance industry
No full textWe examine the relation between board-level financial expertise and six measures of performance using panel data drawn from the United Kingdom's (UK) non-life insurance industry. We find that collectively, financial experts have a beneficial influence on the performance outcomes of insurers. We also observe that board-level qualified accountants and actuaries are linked with superior performance in all six of our selected financial outcome measures. Professional insurance underwriters are associated with sound solvency levels (low leverage) and underwriting results, but not positive earnings-based measures. This suggests that underwriters may not be as adept at group-level earnings enhancement as accountants and actuaries. Additionally, we find that the introduction of IFRS 4 in 2004/5 did not have a significant impact on board composition and financial outcomes. We consider that our results could have commercial and/or policy implications. <br/
“Imperial Folly”: Metrication, Euroskepticism, and Popular Politics in Britain, 1965–1980
No full textEuropean integration policies inflamed anti-Europe sentiments in Britain and exposed the fragility of democratic institutions in the face of populist campaigning. This article demonstrates how Europe became the focus of British anxiety about globalization and activated concerns for national sovereignty. Using the example of metrication in the 1970s, the article situates the abstract notions of globalization and sovereignty in material and everyday terms. The very processes that sought to reconcile the impossible trinity of globalization, national sovereignty, and popular politics resulted in institutionalizing and legitimizing the deep ambivalence of inching closer to Europe. Negotiating with Europe to water down harmonization actually stoked and kept alive the fundamental issues rather than resolving them. The history of British metrication serves as an example of the profound significance of discursive framing on shaping policy as well as outcomes. The messiness with which metrication was handled by successive governments shows how dangerously and easily the knowledge gap between experts and popular opinion could be exploited. Populist framing of technical issues of metrication distorted the complex realities of globalization, rendered the consequences of European standardization more real in everyday terms, and verbalized populist opinions that forging closer ties with Europe would be a threat to Britain’s parliamentary sovereignty. Harmonization policies also heightened debates about British identity and compelled the country to seek ways to coexist between two extreme visions, one of “Deep England” steeped in tradition and another of a modern “efficient” Britain based on technocratic values
Effective Condition Number Bounds for Convex Regularization
No full textWe derive bounds relating Renegar's condition number to quantities that govern the statistical performance of convex regularization in settings that include -analysis minimization. Using results from conic integral geometry, we show that the bounds can be made to depend only on a random projection, or restriction, of the analysis operator to a lower dimensional space, and can still be effective if these operators are ill-conditioned. As an application, we get new bounds for the undersampling phase transition of composite convex regularizers. Key tools in the analysis are Slepian's inequality, interpreted as monotonicity property of moment functionals, and the kinematic formula from integral geometry
Building the Buddhist Revival:Reconstructing Monasteries in Modern China
No full textBetween 1850 and 1966, tens of thousands of Buddhist sacred sites in China were destroyed, victims of targeted destruction, accidental damage, or simply neglect. During the same period, however, many of these sites were reconstructed, a process that involved both rebuilding material structures and reviving religious communities. The conventionally accepted narrative of Chinese Buddhism during the modern era is that it underwent a revival initiated by innovative monastics and laypersons, leaders who reinvented Buddhist traditions to meet the challenges of modernity. Gregory Adam Scott shows, however, that over time it became increasingly difficult for reconstruction leaders to resist the interests of state actors, who sought to refashion monastery sites as cultural monuments rather than as living religious communities. These sites were then intended to serve as symbols of Chinese history and cultural heritage, while their function as a frame for religious life was increasingly pushed aside. As a result, the power to determine whether and how a monastery would be reconstructed, and the types of activities that would be reinstated or newly introduced, began to shift from religious leaders and communities to state agencies that had a radically different set of motivations and values.Building the Buddhist Revival explores the history of Chinese Buddhist monastery reconstruction from the end of the Imperial period through the first seventeen years of the People's Republic. Over this century of history, the nature and significance of reconstructing Buddhist monasteries changes drastically, mirroring broader changes in Chinese society. Yet this book argues that change has always been in the nature of religious communities such as Buddhist monasteries, and that reconstruction, rather than a return to the past, represents innovative and adaptive change. In this way, it helps us understand the broader significance of the Buddhist "revival" in China during this era, as a creative reconstruction of religion upon longstanding foundations
Microwave-assisted catalyst-free hydrolysis of fibrous cellulose for deriving sugars and biochemicals
No full textMicrowave (MW) assisted catalyst-free hydrolysis of fibrous cellulose (FC, cellulolysis) at 200 °C promoted a cellulose conversion of ca. 37.2% and quantitative production of valuable C5/C6 sugars (e.g. glucose) and the according platform biochemicals (e.g. 5-hydroxymethylfurfural), corresponding to an overall selectivity of 96.5%. Conversely, conventional hydrothermal (HT) cellulolysis under similar conditions was not effective, even after 24 hours, carbonising the FC. Based on the systematic study of MW-assisted cellulolysis, the specific interaction between water molecules and macroscopic FC under the MW irradiation was proposed, accounting for the interpretation of the experimental observation. The kinetic energy of water molecules under the MW irradiation facilitated the C−C (in the non-hindered surface −CH2OH groups) and C−O−C bond breaking (inside the cellulose cavities) in FC, producing primary cellulolysis products of xylose, glucose and cellobiose
New spiders (Araneae: Palpimanoidea) from the Jurassic Yanliao Biota of China
No full textSeveral new spider specimens, belonging to the superfamily Palpimanoidea, are described from the Middle–Upper Jurassic Haifanggou Formation (early assemblage of the Yanliao Biota) of Inner Mongolia, China. Two new genera and species, and a new species in the genus Sinaranea Selden, Huang & Ren, 2008, are described. Caestaranea jurassica gen. et sp. nov. is described on the basis of several adult males, typified by boxing-glove shaped pedipalps, as well as females and juveniles. Onychopalpus thomisoides gen. et sp. nov. is the largest palpimanoid known, and its habitus resembles that of a crab spider (Thomisidae) in having large, laterigrade anterior legs with rows of macrosetae on the femora and a squat, rotund opisthosoma. However, the distinctive adult male pedipalp bears a pectinate claw, so the holotype specimen is a subadult male; the other specimens referred to this species are smaller juveniles. Three new specimens of Sinaranea metaxyostraca Selden, Huang & Ren, 2008, including two adult males, are described here, and the new species S. brevicrus sp. nov., which has shorter legs than the type species, is described from an adult male and an adult female. These new palpimanoids substantially increase the diversity of the superfamily in the Middle Jurassic, and the unusual Onychopalpus provides evidence for a different mode of life for these spiders. http://www.zoobank.org/urn:lsid:zoobank.org:pub:D7726F4B-349E-4C2B-960D-371C27A6B77F.</p
An introduction to the Rhynie chert
No full textThe terrestrialization of life has profoundly affected the biosphere, geosphere and atmosphere, and the Geological Magazine has published key works charting the development of our understanding of this process. Integral to this understanding - and featuring in one of the Geological Magazine publications - is the Devonian Rhynie chert Konservat-Lagerstätte located in Aberdeenshire, Scotland. Here we provide a review of the work on this important early terrestrial deposit to date. We begin by highlighting contributions of note in the Geological Magazine improving understanding of terrestrialization and Palaeozoic terrestrial ecosystems. We then introduce the Rhynie chert. The review highlights its geological setting: the Caledonian context of the Rhynie Basin and its nature at the time of deposition of the cherts which host its famous fossils. There follows an introduction to the development of the half-graben in which the cherts and host sediments were deposited, the palaeoenvironment this represented and the taphonomy of the fossils themselves. We subsequently provide an overview of the mineralization and geochemistry of the deposit, and then the fossils found within the Rhynie chert. These include: six plant genera, which continue to provide significant insights into the evolution of life on land; a range of different fungi, with recent work starting to probe plant-fungus interactions; lichens, amoebae and a range of unicellular eukaryotes and prokaryotes (algae and cyanobacteria); and finally a range of both aquatic and terrestrial arthropods. Through continued study coupled with methodological advances, Rhynie fossils will continue to provide unique insights into early life on land.</p