Constitutional law

The US Constitution is silent regarding social welfare policy there is neither an affirmative duty of the government to provide income security for citizens, nor a general espousal of welfare state principles.39 The dominant judicial interpretation is that the US Constitution does not establish social entitlements (Currie 1986, for critics see Bandes 1990). The Constitution does not provide judicial remedies for every social and economic ill (Lindsey v. Normet, 405 US 56, 74). 

In the 1936 decision United States v. Butler m the US Supreme Court (SC) confirmed the federal power to tax for the purpose of providing funds for payment of the nation s debts and making provision for the general welfare (297 US 1, 56, 64 ff). Before this revolutionary decision, the constitutionality of a federal UI programme was in question. This may be one reason for the institutional design of the US UI system (namely a federal-state partnership) and the federal unemployment tax system.41 

Welfare entitlements of US citizens are established by law thereby raising a rational expectation42 to receive an expressly defined benefit.43 Such entitlements are 

38 On state sovereignty see Zick (2005) on federal authority see May and Ides (2004). 

42 Objective eligibility requirements and benefit calculation rules can establish a legal entitlement. The concept of welfare entitlements refers to the protection of legally established expectations - it is a protection of confidence rather than a form of property. 

---

Townsend, P. and Webster, M. I- ., 1987. An algorithm for the three dimensional transient simulation of non-Newtonian fluid flow. In Pande, G. N. and Middleton, J. (eds). Transient Dynamic Analysis and Constitutive Laws for Engineering Materials Vul. 2, T12, Nijhoff-Holland, Swansea, pp. 1-11. 

The constitutive law solid models. The classical Hooke law... 

We shall also formulate inelastic constitutive laws considered in the book (Rabotnov, 1979 Arutunyan et ah, 1987). 

The considered constitutive laws for elastoplastic models generalize ones used in elasticity. The main peculiarity of elastoplastic models consists in an existence of inequality type restrictions imposed upon the stresses. Omitting the mentioned restrictions, elastoplastic models turn into elastic ones. 

Utilizing the constitutive law (1.5), the other model of a plate under the creep condition follows ... 

Substituting the moments into the constitutive law equation, one deduces the equation... 

Thus, the relations (1.36) or (1.37) describe the interaction between a plate and a punch. To derive the contact model for an elastic plate, one needs to use the constitutive law (1.25). Contact problems for inelastic plates are derived by the utilizing of corresponding inelastic constitutive laws given in Section 1.1.4. 

Thus, we have obtained that the right-hand side of (1.40) is always nonnegative, which gives (1.39). To derive a complete system of relations describing the interaction between the punch and the plate we should add to (1.38), (1.39) the constitutive law equations of Sections 1.1.3 and 1.1.4. 

The vertical displacements w are described by the fourth order differential equation according to the equilibrium and the constitutive laws. The following relations for w,... 

Utilizing the geometrical equations Sij = Sij u) and the constitutive law relations discussed in Section 1.1.1, the formula (1.54) defines the... 

In this chapter we analyse a wide class of equilibrium problems with cracks. It is well known that the classical approach to the crack problem is characterized by the equality type boundary conditions considered at the crack faces, in particular, the crack faces are considered to be stress-free (Cherepanov, 1979, 1983 Kachanov, 1974 Morozov, 1984). This means that displacements found as solutions of these boundary value problems do not satisfy nonpenetration conditions. There are practical examples showing that interpenetration of crack faces may occur in these cases. An essential feature of our consideration is that restrictions of Signorini type are considered at the crack faces which do not allow the opposite crack faces to penetrate each other. The restrictions can be written as inequalities for the displacement vector. As a result a complete set of boundary conditions at crack faces is written as a system of equations and inequalities. The presence of inequality type boundary conditions implies the boundary problems to be nonlinear, which requires the investigation of corresponding boundary value problems. In the chapter, plates and shells with cracks are considered. Properties of solutions are established existence of solutions, regularity up to the crack faces, convergence of solutions as parameters of a system are varying and so on. We analyse different constitutive laws elastic, viscoelastic. 

The viscoelastic contact problem for a plate with the constitutive law (see Section 1.1.4)... 

The completeness of this system of boundary conditions and its detailed derivation and discussion will be presented later on, in Sections 3.1, 3.3, 3.4, where more complicated constitutive laws are considered. 

We shall consider an equilibrium problem with a constitutive law corresponding to a creep, in particular, the strain and integrated stress tensor components (IT ), ay(lT ) will depend on = (lT, w ), where (lT, w ) are connected with (IT, w) by (3.1). In this case, the equilibrium equations will be nonlocal with respect to t. 

In this section the existence of a solution to the three-dimensional elastoplastic problem with the Prandtl-Reuss constitutive law and the Neumann boundary conditions is obtained. The proof is based on a suitable combination of the parabolic regularization of equations and the penalty method for the elastoplastic yield condition. The method is applied in the case of the domain with a smooth boundary as well as in the case of an interior two-dimensional crack. It is shown that the weak solutions to the elastoplastic problem satisfying the variational inequality meet all boundary conditions. The results of this section can be found in (Khludnev, Sokolowski, 1998a). 

In the book, two- and three-dimensional bodies, plates and shells with cracks are considered. Properties of solutions are established existence of solutions, regularity up to the crack faces, convergence of solutions as parameters of a system are varying and so on. We analyse different constitutive laws elastic, thermoelastic, elastoplastic. The book gives a new outlook on the crack problem, displays new methods of studying the problems and proposes new models for cracks in elastic and nonelastic bodies satisfying physically suitable nonpenetration conditions between crack faces. 

We have to stress that the analysed problems prove to be free boundary problems. Mathematically, the existence of free boundaries for the models concerned, as a rule, is due to the available inequality restrictions imposed on a solution. As to all contact problems, this is a nonpenetration condition of two bodies. The given condition is of a geometric nature and should be met for any constitutive law. The second class of restrictions is defined by the constitutive law and has a physical nature. Such restrictions are typical for elastoplastic models. Some problems of the elasticity theory discussed in the book have generally allowable variational formulation... 

Margolin, L.G. (1983), Proc. Int. Conf. Constitutive Laws for Engineering Materials, Tucson, Azi (edited by C.S. Desai and R.H. Gallagher). 

Static and dynamic property The uses of these foams or porous solids are used in a variety of applications such as energy absorbers in addition to buoyant products. Properties of these materials such as a compressive constitutive law or equation of state is needed in the calculation of the dynamic response of the material to suddenly applied loads. Static testing to provide such data is appealing because of its simplicity, however, the importance of rate effects cannot be determined by this one method alone. Therefore, additional but numerically limited elevated strain-rate tests must be run for this purpose. 

A different system applies to the creation oflegislationat EU level. The EU is based on a series of treaties between member states, which are comparable to constitutional law at national level. Three institutions are involved in the creation of EU law (i) The European Gommission (ii) The Council of the European Union and (iii) The European Parliament. 

The intrinsic constitutive laws (equations of state) are those of each phase. The external constitutive laws are four transfer laws at the walls (friction and mass transfer for each phase) and three interfacial transfer laws (mass, momentum, energy). The set of six conservation equations in the complete model can be written in equivalent form ... 

The mathematical model describing the two-phase dynamic system consists of modeling of the flow and description of its boundary conditions. The description of the flow is based on the conservation equations as well as constitutive laws. The latter define the properties of the system with a certain degree of idealization, simplification, or empiricism, such as equation of state, steam table, friction, and heat transfer correlations (see Sec. 3.4). A typical set of six conservation equations is discussed by Boure (1975), together with the number and nature of the necessary constitutive laws. With only a few general assumptions, these equations can be written, for a one-dimensional (z) flow of constant cross section, without injection or suction at the wall, as follows. 

All societies have their rules of play their institutions. These institutions can be defined as the restrictions created by humanity to give structure to political, economic and social interaction. A society s institutions are at the same time its rules of play and its safeguard mechanisms. They can be formal, such as the Constitution, laws, property rights and ethical codes, or informal, such as customs, traditions and expected codes of conduct in a professional group. 

A key issue in determining whether a racial or ethnic category is constitutionally acceptable is whether there are nonracial means of achieving the same result. In constitutional law terms, is the use of those suspect categories... 

Gunter, G. and K.M. Sullivan, Constitutional Law, 13th ed. Mineola, NY Foundation Press (1997). 

The Patriot Act, to some Americans is a threat to democracy and civil liberties to other Americans, it provides a promise of protection against endangerment of their society. Both opinions are justifiable. The Patriot Act and its progeny are well intended. However, based upon legal traditions, it is philosophically, constitutionally and practically contrary to America s foundational constitutional rights and dvil Hberties. The Patriot Act, especially concerning the Fourth Amendment, should be periodically revisited by Congress to coincide with basic civil liberties and tenets of constitutional law. 

The occurrence of earthquakes is a highly studied phenomena by geologists. The role of solid surfaces in such phenomena is obvious. Especially, faults are known to contribute to many earthquakes. Faults are treated as shear cracks, the propagation of which may be understood through the application of fracture mechanics. The stability of any fault movement, which determines whether the faulting is seismic or aseismic, is determined by the frictional constitutive law of the fault surface. It is well established that, once a fault has been formed, its further motion is controlled by friction (between the solid surfaces), which arises from contact forces across the two solid surfaces. 

Roy G. Weatherap. Standing Armies and Armed Citizens An Historical Analysis of the Second Amendment. Hastings Constitutional Law Quarterly 2 (Pall 1975), pp. 1000-1001. 

Polsby, Daniel B. Treating the Second Amendment as Normal Constitutional Law. Kentucky Firearms Foundation. Available online. URL http //www.kyfirearms.org/news/polsby.htm. Posted on December 13, 1997. Explores how the Second Amendment would be applied if it were treated like other first class provisions of the Bill of Rights, such as the First Amendment. Polsby suggests that, like speech, the time, place and manner of bearing arms could be regulated, but the right itself would have to be respected. 

Important examples of stick-slip are earthquakes that have long been recognized as resulting from a stick-slip frictional instability. The use of a full constitutive law of rock friction that takes into account the time dependence of /is and the dependence of /j>k on speed and sliding distance can account for the rich variety of earthquake phenomena as seismogenesis and seismic coupling, pre- and post-seismic phenomena, and the insensitivity of earthquakes to stress transients [461],... 

In the present section, conservation and constitutive laws are illustrated, while in Section 3.3 they are applied to modeling each single domain. 

---