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Kompetencje Organu Regulacyjnego Do Określania Opłat Za Dostęp Do Infrastruktury Kolejowej W Orzecznictwie Trybunału Sprawiedliwości Glosa Do Wyroku Trybunału Sprawiedliwości Z 9 Września 2021 R., C‑144/20, As „Latrailnet” I Vas „Latvijas Dzelzcelš” Przeciwko Valsts Dzelzcela Administracija, Ewelina Nieznalska, Anna Głusiec

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Niniejsza glosa dotyczy wyroku TSUE z 9 września 2021 r. C‑144/20 w sprawie LatRailNet i Latvijas dzelzceļš, dotyczącego kompetencji organu regulacyjnego do określania opłat za dostęp do infrastruktury kolejowej, w tym w szczególności w zakresie uprawnienia organu regulacyjnego do przyjęcia z własnej inicjatywy decyzji zobowiązującej przedsiębiorstwo wykonujące podstawowe funkcje zarządcy infrastruktury kolejowej do wprowadzenia zmian do systemu pobierania opłat za infrastrukturę.

Introduction, Jirayudh Sinthuphan

Asian Review

No abstract provided.

Reinventing Public Healthcare In India, Milind Kokje

Asian Review

The outbreak of COVID-19 exposed the gaps and shortcomings in the Indian public healthcare System. The Indian healthcare system is a glaring example of two extremes of positive and negative. The Constitution of India does not guarantee health as a fundamental right, though the Indian judiciary, through its several judgements, has interpreted the concerned articles to expand their scope to include the right to health. India’s achievements in developing healthcare infrastructure, having more health personnel in service etc. are still much less than the requirement and below global benchmarks. It has launched the world’s largest health insurance scheme. Still, the …

Reconsidering Social Protection For Motorcycle Taxi Drivers: Understanding Precarity In Formalized Informality, Kritsada Theerakosonphong

Asian Review

This article's central argument is that as a consequence of ride-hailing applications (apps), formalized informality has emerged among motorcycle taxi drivers (MTDs). The aim is to provide preliminary recommendations for reconsidering social protection (SP) for MTDs. Platformization and practices of precarising formality through formal-informal interaction are reviewed, as well as employment status and other different forms of employment. MTDs are unevenly matched in power relations dominated by the government and non-government officials, insecurity and uncertainty related to job precarity results. Several critical SP issues are discussed including: the distinction between formality and informality and the related inability to divide the …

Discussion On The Application Of Dispute Settlement Mechanism Of The 1982 United Nations Convention On The Law Of The Sea To The Thai - Myanmar Maritime Dispute, Yodsapon Nitiruchirot

Asian Review

This qualitative research study aims to examine theThai-Myanmar maritimedispute,applying the dispute settlement mechanism of the 1982 United Nations Convention on theLaw of the Sea (UNCLOS). The research methodology includes documentary research and in-depth interview. After analyzing data collected,itis found that the dispute settlement mechanismof the UNCLOS comprises voluntary and compulsory procedures. As both Thailand and Myanmarare parties to the UNCLOS and their dispute involves an area in the Andaman Sea, thoseprocedures may be applied. Thecompulsory procedure may be applied with some issues, but notthe territorial dispute and the boundary delimitation dispute. Therefore, there are few benefits togain from the procedure. …

China’S Role In The Arctic: Observing And Being Observedisbn 9780367278694. Published May 12, 2020 By Routledge. Author: Nong Hong. 232 Pages., Magayo Alves

Asian Review

As indicated by its title, the author of the book – Dr. Nong Hong – focuses her efforts on un-derstanding the current ways in which China sees and operates the Arctic, hence reflecting on how it seeks to develop its policies for the region and how its actions are seen by other actors. In summary, the book’s eight chapters could be grouped into three main points: China’s involvement in international organizations, its relations with Arctic stakeholders, and more specifically its actions across the Arctic territory, signifying the extent of its engagement with shipping activities and scientific development. Arguably, the main …

Promoting Sexual And Gender Diversity Through The Portrayal Of Sexual And Gender Minority Youths In Media, Yuki Amaki

Asian Review

As one social phenomenon, television drama series depicting sexual minority youths, particularly gay male couples’ everyday lives, have become popular in Japan as well as East Asia. Consciousness and awareness of prejudice and discrimination against sexual and gender minority people may gradually be changing among young people thanks to the increased portrayal of sexual and gender minority youths in romantic TV drama series. The purpose of this research is to assess how much these TV drama series influence people to improve their awareness and knowledge of the prejudice and discrimination faced by LGBTQ+ people in society. My target population for …

Assessment Of Emissions From Cement Plants Using Aermod Modeling, Atef I. Abdel-Gawad, Mahmoud Noureldeen, Hamada Mahmaoud, Asmaa S. Hamouda

Applied Environmental Research

Coal combustion generates many gases and emissions which are harmful to public health and the environment. So, it is necessary to assess the health risks for the people living in the nearby cement plants that use coal as a fuel. In this article, a health risk assessment HRA was carried out concerning the air emissions from a cement plant in the heavy industry area located at Beni Suef governorate - Egypt. The article handles the assessment of the health risks for pollutants classified as non-carcinogenic i.e. sulfur dioxide - mercury and the health risks for pollutants classified as carcinogenic i.e. …

Preliminary Study And First Evidence Of Presence Of Microplastics In Green Mussel, Perna Viridis From Phuket, Phaothep Cherdsukjai, Vararin Vongpanich, Pensiri Akkajit

Applied Environmental Research

Plastics can reach the coastal environment and could impact the marine environment. Mussels are marine organisms which are prone to be exposed to microplastics pollution. Therefore, in this preliminary study, the commercially important green mussel (Perna viridis) collected at the Koh Phee Canal in Phuket, Phuket Province, southern peninsular Thailand, was investigated. The collected mussels from aquaculture farm fell into three age groups, namely 1 year-1 month, 1 year-7 months, and 1 year-9 months. Results from the investigation showed 200 items of microplastics present in Perna viridis with 76 items (38%) in flushed water and 124 items (62%) …

Using Theory Of Planned Behavior To Determine Consumer Intention In Choosing Cloth Vs Plastic Bags, Zahra Batooli, Saeed Zarein-Dolab, Azam Mohamadloo, Mitra Rahimzadeh

Applied Environmental Research

Plastics bags waste presets serious danger to human and animal health. A descriptive study was conducted on 250 consumers who were shopping in different stores of Kashan city in Iran in 2020 to investigate the consumers’ intention, attitude, subjective norms and perceived behavioral control towards reducing the consumption of plastic bags and using cloth bags based on the theory of planned behavior (TPB). Stratified sampling was applied to select the consumers to filled out a questionnaire developed based on the TPB in Farsi. A path analysis was used to investigate whether attitude, subjective norms, and perceived behavioral control would have …

Analysis Of Potential Site For Managed Aquifer Recharge Scheme In The Upper Greater Mae Klong Irrigation Project, Thailand, Yutthana Phankamolsil, Areeya Rittima, Sasipong Rantasewee, Yutthana Talaluxmana, Kritsanat Surakit, Allan Sriratana Tabucanon, Wudhichart Sawangphol, Jidapa Kraisangka

Applied Environmental Research

This study developed a groundwater flow model to propose the possible Managed Aquifer Recharge (MAR) scheme for sustainable use of groundwater in the Upper Greater Mae Klong Irrigation Project, Thailand. The site suitability for MAR scheme was assessed through the GIS–based Multi–Criteria Decision Making (MCDM) using the Simple Additive Weighted (SAW) method. Five key relevant factors namely; groundwater drawdown, soil texture, depth to groundwater table, land slope and distance to surface water source were chosen as assessment criteria and reclassified for the analysis of site selection for MAR scheme. The results illustrate the potential site for the managed aquifer recharge …

Assessment Of Organophosphorus Pesticide Residues In Water And Sediment Collected From The Southern Caspian Sea, Reza Golshani, Ghasem Ghorbanzadeh Zafarani, Maksim Rebezov, Samaneh Karbalaei, Tony R. Walker

Applied Environmental Research

Pollution of water resources by uncontrolled pesticide use is a serious health and environmental issue. In this study, concentrations of three organophosphorus pesticides (diazinon, malathion, and azinphos-methyl) in water and sediment samples from five estuaries (Sefidrud, Chalus, Babolrud, Tajan, and Gorganrud) along the Caspian Sea were investigated. Samples were collected from surface water and sediment during summer to autumn, and pesticides were analysed by gas chromatography-mass spectrometry (GC-MS). Results indicated that salinity and turbidity in Gorganrud were higher (salinity: range 2–8%; turbidity: range 1–9%) compared to other stations. Higher diazinon (water: 0.08±0.06, sediment: 0.04±0.01), malathion (water: 0.09±0.06, sediment: 0.05±0.01) and …

Sustainable Energy Transition In Thailand: Drivers, Barriers And Challenges Of Waste-To-Energy At Krabi Province, Chariya Senpong, Dawan Wiwattanadate

Applied Environmental Research

Waste-to-Energy (WtE) has been considered as an option to eliminate Krabi’s problems of municipal solid waste (MSW) management. A survey on WtE potential as well as key drivers, barriers, and challenges to overcome the barriers was conducted in this study. The study found high WtE potential due to huge amount of many years accumulated MSW in couple with the increasing trend of new daily waste generation. Meanwhile, Krabi is an island having land limitation for landfill. The urgent need to eliminate the huge amount of MSW has become a key driver for WtE implementation. One more key driver of WtE …

Magnetization Of A Biochar Derived From Orange Peel And Its Application For The Removal Of Crystal Violet, Issam Boudraa, Sevde Ustun Odabasi, Maryam Bareera, Hassan Ayadi, Brahim Kebab, Hanife Buyukgungor

Applied Environmental Research

In this work, biochar synthesized from orange peel modified with magnetite was used as an alternative magnetic adsorbent for dye removal. The magnetization of the synthesized biochar was done using the co-precipitation method. The obtained composite was characterized by X-ray diffraction (XRD), Scanning electron microscopy (SEM), and Raman spectroscopy. The efficiency of magnetized biochar (OPB/Fe3O4) was studied in the process of removing crystal violet (CV) from an aqueous solution at different temperatures. The experimental data obtained for the kinetic studies were better fitted to the pseudo-second-order model, and the isotherms data were well fitted to the Langmuir model. The results …

Performance Of Porous Substrates For Domestic Wastewater Treatment Under Prolonged Hydraulic Retention Time, Pakawat Janyasupab, Arunothai Jampeetong

Applied Environmental Research

Physicochemical characteristics of porous substrates (longan biochar, corn biochar, and pumice) including specific surface area (SSA), pore volume (Vp), and cation exchange capacity (CEC) were determined. Longan biochar had the highest SSA, Vp, and CEC, followed by corn biochar and pumice. Then, columns filled with each of these 3 substrates together with gravel as a control treatment, were evaluated to compare wastewater treatment efficiency under different hydraulic retention times (HRTs). Each system had been acclimatized with wastewater for 8 weeks. Then, influent and effluent were analyzed at 1, 3, 5, and 7 day intervals. Water analysis revealed that biochar-based systems …

Disinfection By-Product Precursor Removal By Biochar Derived From Agricultural Waste, Sorawit Ritthisoonthorn, Yuvarat Ngernyen, Lippakorn Songnangrong, Warodom Rattanaboonta, Watsa Khongnakorn, Panitan Jutaporn

Applied Environmental Research

Biochar made from agricultural waste products can be used as a low-cost adsorbent targeting dissolved organic matter (DOM). In water treatment plant (WTP), DOM reacts with chlorine-based disinfectant and forms carcinogenic disinfection by-products. The objective of this study was to investigate the applicability of bamboo biochar derived from wood vinegar production waste as an adsorbent for DOM removal and subsequently trihalomethane formation potential (THM-FP) reduction. Raw biochar (BCRaw) and 800°C post-heated biochar (BC800) was tested for its surface characteristics including scanning electron microscopy, Fourier transform infrared spectroscopy and Brunauer, Emmett and Teller analysis. The post-pyrolysis treatment increased the surface area …

Spatial Distribution Of Bioavailable Metal Concentrations And Total Metal Concentration-Depth Relationship Along The Sediment Profile Within Phuket Bay, Pensiri Akkajit, Danai Tipmanee, Kaimook Jaileak

Applied Environmental Research

Heavy metals in coastal sediments can adversely affect human health and the environment. The distribution and metal bioavailability of Pb and Zn in 21 sediment samples collected from Phuket Bay, Phuket, Thailand using the first-two steps of sequential extraction proposed by the Standards, Measurements and Testing programme (known as BCR) was determined. The results showed that Pb formed weak complexes contributing up to 11.2% to 33% of its total concentration (1.7 to 7.5 mg kg-1) in the first fraction (BCR1), while Zn in the BCR1 fraction ranged from 4.9% to 9.9%. The results suggest that Pb could easily enter the …

Identification Of Saline Water Intrusion Using Integrated Geoelectrical Method In The Coastal Aquifer Of Holo-Quaternary Formation, Lampung Bay, Rustadi -, Agus Setiawan, I Gede Boy Darmawan, Suharno -, Nandi Haerudin

Applied Environmental Research

Increased groundwater extraction from aquifers in Holo-Quaternary rock formations in Lampung Bay has caused saltwater intrusion. This indication appears in several community wells and can spread further inland. Therefore, this study aims to identify the distribution of areas exposed to saline water and the boundaries of areas that have not, especially in the Holo-Quaternary Formation. This research uses the geoelectric method integrated with salinity data and the Soil Penetration Test (SPT) analysis at four drilling points. A total of 4 lines of Electrical Resistivity Tomography (ERT) and 8 points of Vertical Electrical Sounding (VES) have been acquired with a Schlumberger …

Who We Are Getting It Right For: The Practitioners’ Experience Of Program Evaluation, Andrea S. Highman

Theses: Doctorates and Masters

Program delivery staff are important stakeholders in program evaluation and social service organisations that intend to undertake quality evaluations must effectively engage these staff in the process (Zarinpoush, 2006). A starting point for this is recognising that staff perceptions of evaluation are influenced by professional and personal factors including their understanding of evaluation, how they think it may benefit them or their clients and the character of their prior experiences of evaluation (Taut & Alkin, 2003; Dunkley & Franklin, 2017; van Koperen et.al, 2016; Herbert, 2015).

This study interprets the experiences of staff delivering social programs in not-for-profit services in …

Race And Language: A Blueprint For Structuring An Educational Curriculum About The Black Experience In The United States, Joel Paulson , '22

Senior Theses, Projects, and Awards

It should surprise no one that the condition of race relations in this country is as poor now as they are. With recent and historical events that have occurred in this country in relation to the Black experience (indeed the experience of any of the marginalized communities that call the United States their home), the logical history lesson is that our children should be educated as in the words of George Santayana; “Those who do not learn history are doomed to repeat it.” In this way, we see the wave of protests, court cases, and rhetoric surrounding race welling up …

Lessons Of Black Armed Resistance: White Violence, Black Subjectivity, And The Forceful Pursuit Of Revolutionary Change, Tristan Alston , '22

Senior Theses, Projects, and Awards

I am saying as you must say too, that in order to see where we are going, we must not only remember where we have been, but we must understand where we have been. - Ella Baker I first encountered the incredible life and story of Ella Baker in the summer of 2020, when an independent research project led me to read Ella Baker and the Black Freedom Movement: A Radical Democratic Vision (2003)-a masterful and breathtaking account of Miss Baker's personal and political life as an organizer written by Barbara Rans by. In many ways, this text became the …

Soft Law, Risk Cultures, And Law Abidingness: The Caremark Connection, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

As Vice Chancellor, Chancellor, Chief Justice, and recidivist law review author, Leo Strine has had much to say about the often-frustrating effort at corporate behavior modification. One point he makes very insistently is that pursuant to their state-granted charters, corporations are authorized to take part only in lawful business, not any profitable business. Respect for life-giving law is thus a necessary corollary of good corporate citizenship. But good citizenship is so hard to instill, which irks him. An angry display of this is Strine’s Delaware Supreme Court dissenting opinion in City of Birmingham Retirement System v. Good, involving Duke …

Redesigning Program Assessment For Teaching With Primary Sources: Understanding The Impacts Of Our Work, Jen Hoyer, Kaitlin H. Holt, John Voiklis, Bennett Attaway, Rebecca Joy Norlander

Publications and Research

This article describes how redesigning a program’s assessment practices for teaching with primary sources (TPS) can provide a clear framework for talking about the impact of educators’ work in archives and can provide feedback on how to refine instruction practices for greater results. The authors share a description of their assessment redesign process accompanied by analysis of the implementation of our new assessment tool in the hope others will consider the design and goals of their own assessment practices. The authors’ work demonstrates that reflection on existing tools, development of new goals, and design of new assessment strategies can yield …

When Desperate Patients Go To Court For Unproven Treatments - The Battle For Hospital Independence, Christopher Robertson, Margaret Houtz

Faculty Scholarship

As the Covid-19 pandemic wears on, patients have asked courts to compel hospitals to administer unproven therapies, with mixed legal results. Although talk radio hosts, politicians, and social media users have promoted various treatment approaches, they have given particular attention to ivermectin. The Food and Drug Administration (FDA) has approved ivermectin for use in humans for treating onchocerciasis (river blindness), intestinal strongyloidiasis, certain other parasitic worms, head lice, and skin conditions such as rosacea. Although this approval facilitates legal offlabel use for prophylaxis against or treatment of other conditions, both the FDA and the Centers for Disease Control and Prevention …

Investigating Design, Mark Mckenna, Jessica Silbey

Faculty Scholarship

Design is ascendant. Steve Jobs’s legendary obsession with design was widely regarded as Apple’s comparative advantage, and that lesson has not been lost on its competitors. Design thinking is a growth industry, in business and at universities, and design professionals continue to take on increasingly significant roles within firms. The increasing economic significance of design has been reflected in an explosion of design patent applications and increasing amount of design litigation.
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/="/">Despite design’s growing economic and legal importance, relatively little is known by legal scholars and policymakers about designers or the design process. This paper addresses that gap …

Critical Analysis Of Arl Member Institutions’ Diversity Statements, V. Dozier, Adebola Fabiku, Sandra A. Enimil

Copley Library: Faculty Scholarship

In March 2018, the Board of Directors of the Association of Research Libraries (ARL) approved a new mission statement that includes a call to “promote equity and diversity” and lists “diversity, equity, and inclusion” (DEI) as one of its four priorities. ARL encourages but does not mandate similar visible commitments from its member institutions. This is evident by the resource webpage that ARL maintains entitled, “ARL Library Statements and Signs Affirming Our Core Beliefs.” The listed members represent approximately 19% of ARL’s membership. After reading the existing statements, the authors noticed a similar pattern in terms and context. This led …

The Surprising Virtues Of Data Loyalty, Woodrow Hartzog, Neil M. Richards

Faculty Scholarship

Lawmakers in the United States and Europe are seriously considering imposing duties of data loyalty that implement ideas from privacy law scholarship, but critics claim such duties are unnecessary, unworkable, overly individualistic, and indeterminately vague. This paper takes those criticisms seriously, and its analysis of them reveals that duties of data loyalty have surprising virtues. Loyalty, it turns out, can support collective well-being by embracing privacy’s relational turn; it can be a powerful state of mind for reenergizing privacy reform; it prioritizes human values rather than potentially empty formalism; and it offers solutions that are flexible and clear rather than …

Of Afrofuturism, Of Algorithms, Ngozi Okidegbe

Faculty Scholarship

Algorithms are proliferating in criminal legal structures. The predictions produced by these algorithms inform life-altering decisions around surveillance and incarceration. Their continued use poses a challenge to ongoing racial justice efforts. Contesting how algorithms of today maintain the racial status quo requires a fundamental rethinking of the algorithm project. This essay explores how Afrofuturism can facilitate such a rethinking. It imagines how applying an Afrofuturist paradigm to the adoption, construction, implementation, and oversight of algorithms could radically change the kind of algorithms developed and the purposes for which they are developed. Tapping into this potential offers the chance for members …

Why Judges Can't Save Democracy, Robert L. Tsai

Faculty Scholarship

In The Specter of Dictatorship,¹ David Driesen has written a learned, lively book about the dangers of autocracy, weaving together incisive observations about democratic backsliding in other countries with a piercing critique of American teetering on the brink of executive authoritarianism at home. Driesen draws deeply and faithfully on the extant literature on comparative constitutionalism and democracy studies. He also builds on the work of scholars of the American political system who have documented the largely one-way transfer of power over foreign affairs to the executive branch. Driesen's thesis has a slight originalist cast, holding that "the Founders aimed …

Privacy Pretexts, Rory Van Loo

Faculty Scholarship

Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Platforms like Amazon, Facebook, and Google wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by saying they must protect sensitive customer data. In these and other ways, the private sector is exploiting privacy to avoid competition and accountability. This Article highlights the breadth of privacy pretexts and uncovers their moral structure. Like most pretexts, there is an element of truth to the claims. …