Este trabalho visa a realizar uma análise sistemática das diversas normas do Código de Processo Civil que tratam do abuso de situações jurídicas processuais. O tratamento desse tema é dividido em quatro partes. Em primeiro lugar, analisa-se a teoria geral do abuso do processo, que abrange a evolução histórica do abuso processual, a adoção da teoria do abuso do direito oriunda do Direito privado, os fundamentos da prevenção e da repressão dos comportamentos abusivos, os elementos essenciais que caracterizam o abuso do processo (objeto, sujeitos e requisitos do ato processual abusivo) e a discussão acerca da ilicitude do ato processual abusivo. Em seguida, considerando os elementos caracterizadores do abuso do processo, são identificadas e estudadas as hipóteses de abuso de situações jurídicas processuais previstas no Código de Processo Civil brasileiro. A terceira seção deste trabalho é dedicada às consequências jurídicas do abuso do processo e a algumas questões referentes à aplicação de sanções. Finalmente, na quarta parte, procede-se ao exame dos mecanismos destinados a prevenir o abuso de situações jurídicas processuais. / This work aims to do a systematic analysis of the different norms of the Brazilian Civil Procedure Code that deals with the abuse of procedural rights. The treatment of this subject is divided into four sections. In the first place, it analyses the general theory of abuse of process, which includes the historical evolution of abuse of process, the adoption of the theory of abuse of rights from civil law, the foundations of prevention and repression of abusive behaviors, the essential elements that characterize the abuse of process (its object, its subjects and the requisites of the abusive procedural act) and the discussion about the unlawfulness of the abusive procedural act. Subsequently, considering the distinguishing elements of abuse of process, it identifies and studies the fattispecies of abuse of procedural rights contained in the Brazilian Civil Procedure Code. The third section of this work is dedicated to the legal consequences of abuse of process and to some questions related to the application of sanctions. Finally, in the fourth section, it examines the legal devices aimed at preventing abuse of procedural rights.

<p>"Sentimental Manipulations: Duty and Desire in the Novels of Sophie Cottin" examines four novels by Sophie Cottin, from 1798 until 1806. A forgotten but once-popular novelist, Cottin used the theme of motherhood to develop the relationship between women and desire and duty. These novels use the sentimental novel in different ways that challenge the limits of genre and confront social perceptions of motherhood. The generic transitions reveal subversive representations of women's sexuality and choice. The author's rewriting of motherhood and genre thus plays a crucial role in understanding the complex and developing notion of the sentimental novel in a period of transition after the Revolution. The eighteenth century gave rise to more structured gender divisions in society that provided little space for women's freedom outside of the patriarchal dictates of the family and motherhood. Jean-Jacques Rousseau's 1761 publication of <italic> Julie; ou la Nouvelle Héloïse</italic> and his 1762 publication of <italic> Emile; ou de l'éducation</italic> are thought to have defined social roles for women in relation to their reproductive abilities. The novel, as a site of social production, was understood to have influential moral implications and was used to confront and maintain socially accepted behavior. Mother-child depictions in literature, therefore, reveal socially acceptable behavior for women. My first chapter examines the development of motherhood as a form of social duty imposed on women. I explore the Rousseauian themes in Cottin's first sentimental epistolary novel, <italic> Claire d'Albe</italic>, published in 1978. The representation of adultery reveals the complex relationship between women's duty, virtue, and sexuality. In my second chapter, I analyze how Cottin manipulates the epistolary sentimental genre in <italic> Amélie Mansfield</italic>, published in 1802. Cottin creates narrative spaces that privilege women's expression and redefine women's choice through a violent and controversial depiction of the protagonist's suicide. I explore the social implications of the removal of the suicide scene from all publications of the novel after 1805. My third chapter examines the incorporation of elements of the travel narrative into the sentimental genre in <italic> Malvina </italic>, published in 1800, and <italic>Elisabeth; ou les exilés de Sibérie</italic>, published in 1805. Through the description of travel, I explore Cottin's representations of duty and women's education at two distinct moments in her publishing career.</p> / Dissertation

Forecasts, predictions and opinions about the future should not be treated in the same way as hard information is treated under the Securities Act. Because this type of soft information cannot be verified in advance, the imposition of liability in respect of these statements about the future may hinder their production and have a result that is adverse to the interests of investors – who would prefer to hear management speak candidly about its thoughts on the company’s future performance. This essay examines the way in which the Ontario Securities Act treats statements about the future, as well as the most important decision in this area up to the present: Kerr v. Danier Leather. It will also discuss whether there should be a duty to update predictions when the circumstances that formed the basis of these forecasts have changed significantly.

This thesis explores the often overlooked nature of public law duty and its relationship with the doctrine of standing in English law. Drawing on English and North American legal tradition and thought, it posits that public law obligations should be reconceived of as fiduciary in nature, vesting correlative enforcement rights in citizens to constrain unlawful exercises of public power. This should correspond to the abolition of standing requirements and recognition of the rights of citizens and interest groups to bring administrative and human rights challenges before the courts. This thesis also aims to achieve some synthesis between liberal normativism and communitarianism by recognizing both the individual and the collective interests at stake in public interest litigation.

Forecasts, predictions and opinions about the future should not be treated in the same way as hard information is treated under the Securities Act. Because this type of soft information cannot be verified in advance, the imposition of liability in respect of these statements about the future may hinder their production and have a result that is adverse to the interests of investors – who would prefer to hear management speak candidly about its thoughts on the company’s future performance. This essay examines the way in which the Ontario Securities Act treats statements about the future, as well as the most important decision in this area up to the present: Kerr v. Danier Leather. It will also discuss whether there should be a duty to update predictions when the circumstances that formed the basis of these forecasts have changed significantly.

This thesis explores the often overlooked nature of public law duty and its relationship with the doctrine of standing in English law. Drawing on English and North American legal tradition and thought, it posits that public law obligations should be reconceived of as fiduciary in nature, vesting correlative enforcement rights in citizens to constrain unlawful exercises of public power. This should correspond to the abolition of standing requirements and recognition of the rights of citizens and interest groups to bring administrative and human rights challenges before the courts. This thesis also aims to achieve some synthesis between liberal normativism and communitarianism by recognizing both the individual and the collective interests at stake in public interest litigation.

No description available.

Energy consumption and network latency are important issues in wireless sensor networks. The mechanism duty cycling is generally used in wireless sensor networks for avoiding energy consumption due to idle listening. Duty cycling, however, also introduces additional latency in communication among sensors. Some protocols have been proposed to work in wireless sensor networks with duty cycling, such as S-MAC and DW-MAC. Those protocols also tried to make efficient channel utilization and to mitigate the chance of packet collision and the network latency increase resulting from collision. DW-MAC was also designed to tolerate bursty and high traffic loads without increasing energy consumption, by spreading packet transmission and node wakeup times during a cycle. Some performance comparison between S-MAC and DW-MAC has been done in previous work; however, this comparison was performed in the ns-2 simulator only. In the real world, there are further issues not considered or discussed in the simulation, and some of those issues contribute significant influences to the MAC protocol performance. In this work, I implemented both S-MAC and DW-MAC physically on MICAz sensor motes and compared their performance through experiments. Through my implementation, experiments, and performance evaluation, hardware properties and issues that were not addressed in the previous work are presented, and their impacts on the performance are shown and discussed. I also simulated S-MAC and DW-MAC on ns-2 to give a mutual validation of the experimental results and my interpretation of the results. The experiences of physical implementations presented in this work can contribute new information and insights for helping in future MAC protocol design and implementation in wireless sensor networks.

The aim of this study was to capture preschool-teachers thoughts and experience basing on the obligation. Are there any policies and procedures for preschool-teachers to use when suspicion that a child is being abused occur. Are there some factors that may affect preschool-teachers to report to the social service? How does the preschool-teacher find the contact with the Social Service? I conducted four interviews with four preschool-teachers, two of these preschool teachers are employed at the same municipal preschool and the other two are employed at two other preschools. The interviews were semi-structured and were conducted at each individual’s workplace. To analyze my result, I used symbolic interactionism as a theory. The result shows that pree-schoolteachers find it difficult to use the mandatory notification law and lack of routines and not functional collaboration between the preschool and the social service are also some reasons why preschool teachers finds it difficult to report.

With the escalating number of vehicles on the road, great concerns are drawn to the large amount of fossil fuels they use and the detrimental environmental impacts from their emissions. A lot of research and development have been conducted to explore the alternative energy sources. The fuel cell has been widely considered as one of the most promising solutions in automobile applications due to its high energy density, zero emissions and sustainable fuels it employs. However, the cost and low power density of the fuel cell are the major obstacles for its commercialization. This thesis designs a novel converter topology and proposes the control method applied in the Fuel Cell Hybrid Vehicles (FCHVs) to minimize the fuel cell's cost and optimize the system's efficiency. Unlike the previous work, the converters presented in the thesis greatly reduce the costs of hardware and energy losses during switching. They need only three Metal-Oxide-Semiconductor Field-Effect Transistors (MOSFETs) to smoothly accomplish the energy management in the cold start, acceleration, steady state and braking modes. In the converter design, a boost converter connects the fuel cell to the DC bus because the fuel cell's voltage is usually lower than the rating voltage of the motor. In this way, the fuel cell's size can be reduced. So is the cost. With the same reason, the bidirectional converter connected to the ultracapacitor works at the buck pattern when the power is delivered from the DC bus to the ultracapacitor, and the boost converter is selected when the ultracapacitor provides the peaking power to the load. Therefore, the two switches of the bi-directional converter don't work complementarily but in different modes according to the power flow's direction. Due to the converters' simple structure, the switches' duty cycles are mathematically analyzed and the forward control method is described. The fuel cell is designed to work in its most efficient range producing the average power, while the ultracapacitor provides the peaking power and recaptures the braking power. The simulation results are presented to verify the feasibility of the converter design and control algorithm.