bluuebunny/crossref_metadata_2025 huggingface dataset:
Higher spin fluctuations on spinless 4D BTZ black hole
Authors: Aros Rodrigo , Iazeolla Carlo , Sundell Per , Yin Yihao
Published: September 2019

Abstract

We construct linearized solutions to Vasiliev’s four-dimensional higher spin gravity on warped AdS3 ×
ξ

S
1 which is an Sp(2) × U(1) invariant non-rotating BTZ-like black hole with ℝ2 × T
2 topology. The background can be obtained from AdS4 by means of identifications along a Killing boost K in the region where ξ
2 ≡ K
2 ≥ 0, or, equivalently, by gluing together two Bañados-Gomberoff-Martinez eternal black holes along their past and future space-like singularities (where ξ vanishes) as to create a periodic (non-Killing) time. The fluctuations are constructed from gauge functions and initial data obtained by quantizing inverted harmonic oscillators providing an oscillator realization of K and of a commuting Killing boost

$$ \tilde{K} $$

K
˜

. The resulting solution space has two main branches in which K star commutes and anti-commutes, respectively, to Vasiliev’s twisted-central closed two-form J. Each branch decomposes further into two subsectors generated from ground states with zero momentum on S
1. We examine the subsector in which K anti-commutes to J and the ground state is

$$ \mathrm{U}{(1)}_K\times \mathrm{U}{(1)}_{\tilde{K}} $$

U

1

K

×
U

1

K
˜

-invariant of which U(1)
K
is broken by momenta on S1 and

$$ \mathrm{U}{(1)}_{\tilde{K}} $$

U

1

K
˜

by quasi-normal modes. We show that a set of

$$ \mathrm{U}{(1)}_{\tilde{K}} $$

U

1

K
˜

-invariant modes (with n units of S
1 momenta) are singularity-free as master fields living on a total bundle space, although the individual Fronsdal fields have membrane-like singularities at

$$ {\tilde{K}}^2=1 $$

K
˜

2

=
1

. We interpret our findings as an example where Vasiliev’s theory completes singular classical Lorentzian geometries into smooth higher spin geometries.
Sex-specific risks of death in patients hospitalized for hyponatremia: a population-based study
Authors: Mannheimer Buster , Skov Jakob , Falhammar Henrik , Calissendorff Jan , Lindh Jonatan D. , Nathanson David
Published: September 2019

Purpose

Several studies have reported an association between hyponatremia and lethality. However, it remains elusive whether hyponatremia independently contributes to lethality. The aim of the study was to investigate associations between hyponatremia and lethality and differences in lethality between men and women hospitalized due to hyponatremia.

Methods

Four registries were utilized in this population-based retrospective study: The National Patient Registry, the Cause of Death Register, the Swedish Prescribed Drug Register and the Total Population Register (NPR) from which the controls were sampled. All hospitalized patients with a first-ever principal ICD10 diagnosis of hyponatremia or syndrome of inappropriate ADH secretion in the NPR between 1 October 2005 and 31 December 2014 were defined as cases. Cox regression with adjustment for potential confounders was used.

Results

14,359 individuals with a principal diagnosis of hyponatremia, and 57,382 matched controls were identified. Median age was 76 years and the majority were women (72%). Median age for women and men was 79 and 68 years, respectively. Adjusted hazard ratios (and 95% CI) for lethality in those with hyponatremia compared with controls were for the entire population 5.5 (4.4–7.0) and in the subgroup free from previously known underlying disease 6.7 (3.3–13.3). Lethality in women with hyponatremia was lower compared with men: HR: 0.56 (0.49–0.64). In the healthier group the lethality remained lower for women: HR: 0.49 (0.34–0.71).

Conclusions

Patients hospitalized due to hyponatremia faced an increased subsequent lethality that was independent of concomitant disease. This increase was nearly twice as large among men compared with women.
Application of volumetric absorptive microsampling (VAMS) to measure multidimensional anti-influenza IgG antibodies by the mPlex-Flu assay
Authors: Wang Jiong , Li Dongmei , Wiltse Alexander , Emo Jason , Hilchey Shannon P. , Zand Martin S.
Published: September 2019

Introduction: Recently, volumetric absorptive microsampling (VAMS) has been used for accurate sampling of a fixed peripheral blood volume (10 µL) on a volumetric swab, and long-term sample storage. The mPlex-Flu assay is a novel, high-throughput assay that simultaneously measures the concentration of antibodies against the hemagglutinin (HA) proteins from multiple influenza virus strains with ≤5 µL of serum. Here we describe combining these two methods to measure multidimensional anti-influenza IgG activity in whole blood samples collected by a finger stick and VAMS, with correction for serum volume based on simultaneous hemoglobin measurement.Methods: We compared capillary blood samples obtained from a finger stick using a VAMS device with serum samples collected by traditional phlebotomy from 20 subjects, with the influenza antibody profiles measured by the mPlex-Flu assay.Results: We found that results with the two sampling methods were highly correlated within subjects and across all influenza strains (meanR2= 0.9470). Adjustment for serum volume, based on hemaglobin measurement, was used to estimate serum volume of samples and improved the accuracy. IgG measurements were stable over 3 weeks when VAMS samples were stored at room temperature or transported using a variety of shipping methods. Additionally, when volunteers performed finger-stick VAMS at-home by themselves, the comparison results of anti-HA antibody concentrations were highly consistent with sampling performed by study personnel on-site (R2= 0.9496).Conclusions: This novel approach can provide a simple, accurate, and low-cost means for monitoring the IgG anti-influenza HA antibody responses in large population studies and clinical trials.
Evaluation of Emergency Department-Based Surveillance Systems at 2 Healthcare Facilities After Hurricane Maria: Puerto Rico, 2017-2018
Authors: Adams Laura E. , Vargas Luzeida , Frasqueri-Quintana Veronica M. , Torres-Figueroa Xiomara , Ryff Kyle , Sanchez-Gonzalez Liliana , Little Emma , Ciampaglio Kaitlyn , Reyes Claudio Julio M. , Ponton-Cruz Elyonel , Santiago William , Paz-Bailey Gabriela , Alvarado Luisa I.
Published: September 2019

Objectives:

Hurricane Maria caused catastrophic damage in Puerto Rico, increasing the risk for morbidity and mortality in the post-impact period. We aimed to establish a syndromic surveillance system to describe the number and type of visits at 2 emergency health-care settings in the same hospital system in Ponce, Puerto Rico.

Methods:

We implemented a hurricane surveillance system by interviewing patients with a short questionnaire about the reason for visit at a hospital emergency department and associated urgent care clinic in the 6 mo after Hurricane Maria. We then evaluated the system by comparing findings with data from the electronic medical record (EMR) system for the same time period.

Results:

The hurricane surveillance system captured information from 5116 participants across the 2 sites, representing 17% of all visits captured in the EMR for the same period. Most visits were associated with acute illness/symptoms (79%), followed by injury (11%). The hurricane surveillance and EMR data were similar, proportionally, by sex, age, and visit category.

Conclusions:

The hurricane surveillance system provided timely and representative data about the number and type of visits at 2 sites. This system, or an adapted version using available electronic data, should be considered in future disaster settings.
Incidence and risk factors of non–device-associated urinary tract infections in an acute-care hospital
Authors: Strassle Paula D. , Sickbert-Bennett Emily E. , Klompas Michael , Lund Jennifer L. , Stewart Paul W. , Marx Ashley H. , DiBiase Lauren M. , Weber David J.
Published: September 2019

Objective:

To update current estimates of non–device-associated urinary tract infection (ND-UTI) rates and their frequency relative to catheter-associated UTIs (CA-UTIs) and to identify risk factors for ND-UTIs.

Design:

Cohort study.

Setting:

Academic teaching hospital.

Patients:

All adult hospitalizations between 2013 and 2017 were included. UTIs (device and non-device associated) were captured through comprehensive, hospital-wide active surveillance using Centers for Disease Control and Prevention case definitions and methodology.

Results:

From 2013 to 2017 there were 163,386 hospitalizations (97,485 unique patients) and 1,273 UTIs (715 ND-UTIs and 558 CA-UTIs). The rate of ND-UTIs remained stable, decreasing slightly from 6.14 to 5.57 ND-UTIs per 10,000 hospitalization days during the study period (P = .15). However, the proportion of UTIs that were non–device related increased from 52% to 72% (P < .0001). Female sex (hazard ratio [HR], 1.94; 95% confidence interval [CI], 1.50–2.50) and increasing age were associated with increased ND-UTI risk. Additionally, the following conditions were associated with increased risk: peptic ulcer disease (HR, 2.25; 95% CI, 1.04–4.86), immunosuppression (HR, 1.48; 95% CI, 1.15–1.91), trauma admissions (HR, 1.36; 95% CI, 1.02–1.81), total parenteral nutrition (HR, 1.99; 95% CI, 1.35–2.94) and opioid use (HR, 1.62; 95% CI, 1.10–2.32). Urinary retention (HR, 1.41; 95% CI, 0.96–2.07), suprapubic catheterization (HR, 2.28; 95% CI, 0.88–5.91), and nephrostomy tubes (HR, 2.02; 95% CI, 0.83–4.93) may also increase risk, but estimates were imprecise.

Conclusion:

Greater than 70% of UTIs are now non–device associated. Current targeted surveillance practices should be reconsidered in light of this changing landscape. We identified several modifiable risk factors for ND-UTIs, and future research should explore the impact of prevention strategies that target these factors.
Oscillatory flow regimes around four cylinders in a diamond arrangement
Authors: Ren Chengjiao , Cheng Liang , Tong Feifei , Xiong Chengwang , Chen Tingguo
Published: September 2019

Oscillatory flow around a cluster of four circular cylinders in a diamond arrangement is investigated using two-dimensional direct numerical simulation over Keulegan–Carpenter numbers (KC) ranging from 4 to 12 and Reynolds numbers (Re) from 40 to 230 at four gap-to-diameter ratios (G) of 0.5, 1, 2 and 4. Three types of flows, namely synchronous, quasi-periodic and desynchronized flows (along with 14 flow regimes) are mapped out in the (G,KC,Re)-parameter space. The observed flow characteristics around four cylinders in a diamond arrangement show a few unique features that are absent in the flow around four cylinders in a square arrangement reported by Tonget al. (J. Fluid Mech., vol. 769, 2015, pp. 298–336). These include (i) the dominance of flow around the cluster-scale structure at$G=0.5$and 1, (ii) a substantial reduction of regime D flows in the regime maps, (iii) new quasi-periodic (phase trapping)$\text{D}^{\prime }$(at$G=0.5$and 1) and period-doubling$\text{A}^{\prime }$flows (at$G=1$) and most noteworthily (iv) abnormal behaviours at ($G\leqslant 2$) (referred to as holes hereafter) such as the appearance of spatio-temporal synchronized flows in an area surrounded by a single type of synchronized flow in the regime map ($G=0.5$). The mode competition between the cluster-scale and cylinder-scale flows is identified as the key flow mechanism responsible for those unique flow features, with the support of evidence derived from quantitative analysis. Phase dynamics is introduced for the first time in bluff-body flows, to the best knowledge of the authors, to quantitatively interpret the flow response (e.g. quasi-periodic flow features) around the cluster. It is instrumental in revealing the nature of regime$\text{D}^{\prime }$flows where the cluster-scale flow features are largely synchronized with the forcing of incoming oscillatory flow (phase trapping) but are modulated by localized flow features.
Third-order structure functions for isotropic turbulence with bidirectional energy transfer
Authors: Xie Jin-Han , Bühler Oliver
Published: September 2019

We derive and test a new heuristic theory for third-order structure functions that resolves the forcing scale in the scenario of simultaneous spectral energy transfer to both small and large scales, which can occur naturally, for example, in rotating stratified turbulence or magnetohydrodynamical (MHD) turbulence. The theory has three parameters – namely the upscale/downscale energy transfer rates and the forcing scale – and it includes the classic inertial-range theories as local limits. When applied to measured data, our global-in-scale theory can deduce the energy transfer rates using the full range of data, therefore it has broader applications compared with the local theories, especially in situations where the data is imperfect. In addition, because of the resolution of forcing scales, the new theory can detect the scales of energy input, which was impossible before. We test our new theory with a two-dimensional simulation of MHD turbulence.
Streamwise inclination angle of large wall-attached structures in turbulent boundary layers
Authors: Deshpande Rahul , Monty Jason P. , Marusic Ivan
Published: September 2019

The streamwise inclination angle of large wall-attached structures, in the log region of a canonical turbulent boundary layer, is estimated via spectral coherence analysis, and is found to be approximately $45^{\circ }$. This is consistent with assumptions used in prior attached eddy model-based simulations. Given that the inclination angle obtained via standard two-point correlations is influenced by the range of scales in the turbulent flow (Marusic, Phys. Fluids, vol. 13 (3), 2001, pp. 735–743), the present result is obtained by isolating the large wall-attached structures from the rest of the turbulence. This is achieved by introducing a spanwise offset between two hot-wire probes, synchronously measuring the streamwise velocity at a near-wall and log-region reference location, to assess the wall coherence. The methodology is shown to be effective by applying it to data sets across Reynolds numbers, $Re_{\unicode[STIX]{x1D70F}}\sim O(10^{3})$–$O(10^{6})$.
Using videoed stories to convey Indigenous ‘Voices’ in Indigenous Studies
Authors: Grogan Justine , Hollinsworth David , Carter Jennifer
Published: September 2019

Abstract
Australian higher education policy espouses the need to expose students to Indigenous knowledges, cultures and pedagogies by embedding appropriate content into the curriculum. One way to overcome the challenges of guest speakers, lack of capacity and a crowded curriculum is to use digital materials regularly during lectures and tutorials. Videos have been shown to create empathy and emotional connection between students and the storyteller. The Voices project consisted of 12 semi-structured conversations with local Indigenous people covering a range of topics, each of which was edited for particular topics and courses to avoid student resistance to difficult material and avoid homogenous representations of Indigenous peoples. The edited video clips were shown in class and evaluated. This research reports on formal anonymous student feedback on teaching, questionnaire responses from 115 students and 10 in-depth interviews. Findings include the authenticity, emotional connection and empathy the storytellers provide, and the need for cultural courage to reflect on one's own positionality and privilege. We argue that digital storytelling is an effective pedagogy that also engages the community and helps further the higher education agenda for culturally inclusive knowledges and perspectives.
Animals, Animism, and Biosemiotics: Reimagining the Species Boundary in the Novels of Mia Couto
Authors: Klein Benjamin
Published: September 2019

Mia Couto is among the most prominent of contemporary Mozambican writers. Yet he has also enjoyed a career as an environmental biologist and ecologist, having expressed much interest in interrogating the border between what is human and not human through his scientific practice. In this essay I locate the nexus of Couto’s literary and ecological careers in his concern with recovering forms of proximity among humans, environments, and other species. Through an analysis of some of Couto’s recently translated novels, I argue that his work reconceives of the relations between humans and animals through the concept of biosemiotics, an approach attuned to languages conveyed semiotically through embodied and skillful engagement with the larger-than-human world. Couto’s work in turn grounds biosemiotics in segments of African life that find their basis in forms of animism, thus implicating the concept in the postcolonial work of cultural recuperation and decolonization.
“Where Is the Friend’s Home?”: New World Landscapes in Sohrab Sepehri’s Poetic Geography
Authors: Shahmirzadi Atefeh Akbari
Published: September 2019

Sohrab Sepehri (1928–1980), the Iranian poet, painter, and translator, wrote during the tumultuous decades before the Islamic revolution in Iran (1979), concurrent with global decolonizing movements. At a time when many of his contemporaries were active participants in the “Committed” literary movement and wrote ostensibly political poetry, Sepehri’s work was considered apolitical and thus marginal in the revolutionary discourse of the time. This article demonstrates how his writing in fact worked towards decolonizing the mind of the Iranian subject by creating his own unique language of revolt–a language that refrained from engaging in the East-West binarism of this discourse. His language of revolt comes out of his subversive view of culture and through his frequent travels to global literary spaces while simultaneously de-centering these spaces. I analyze his poem "Address" in tandem with its visual representation by Abbas Kiarostami to present the embodiment of his poetic geography.
Back to Kant: Reinterpreting the Democratic Peace as a Macrohistorical Learning Process
Authors: Cederman Lars-Erik
Published: September 2019

The contemporary international relations literature links the democratic peace hypothesis to Kant’s famous peace plan. Yet, whether attempting to prove or disprove the hypothesis, most quantitative studies have lost sight of important dimensions of the Kantian vision. I reinterpret the democratic peace as a dynamic and dialectical learning process. In order to assess the dynamic dimension of this process (while controlling for exogenous dialectical reversals), I rely on quantitative evidence drawn from popular data sets. In conformance with the Kantian perspective, the conflict propensities among democracies exhibit a steadily falling trend since the nineteenth century. Yet, in partial opposition to Kant’s expectations, other dyads also experience a significant, although weaker, pacifying trend. A series of tests shows that these findings are robust to epochal effects, various control variables, and “maturity effects” measuring the age of democratic dyads.
The Political Response to Black Insurgency: A Critical Test of Competing Theories of the State
Authors: Fording Richard C.
Published: September 2019

Although empirical studies have concluded that political leaders in democratic systems often respond to mass unrest by expanding the welfare state, most of this research fails to explain adequately why the state responds as it does. I test the validity of pluralist and social control theories of state response by examining black insurgency in the United States during the 1960s and 1970s. Using pooled time-series analysis, I estimate the relationship between state AFDC recipient rates, state incarceration rates, and black political violence, testing a series of specific hypotheses that distinguish between these two competing theories. The results lend much support to the social control characterization of state response and may help explain trends in welfare and criminal justice policies over the last two decades.
Hegel’s Philosophy of Freedom. By Paul Franco. New Haven, CT: Yale University Press, 1999. 391p. $35.00.
Authors: Steinberger Peter J.
Published: September 2019

In a sense, these two books, bearing almost identical titles,
could not be more different. Patten's work is a narrowly
focused study of those passages in Hegel (primarily in the
Philosophy of Right) that deal explicitly and pointedly with the
idea of freedom. He proposes a "civic humanist" interpreta-
tion of Hegelian freedom. Such an interpretation is designed
to make sense of what Patten calls the "Sittlichkeit thesis,"
according to which ethical norms are composed of, or
otherwise reducible to, duties and virtues embodied in the
central institutions of modern social life. Franco's work is
much broader in scope. It offers a commentary on the
entirety of the Philosophy of Right and argues, plausibly
enough, that Hegel's political philosophy is fundamentally a
philosophy of freedom. It briefly situates that philosophy in
the context of Hegel's immediate predecessors (Rousseau,
Kant, Fichte) and reviews Hegel's own intellectual develop-
ment, but its main goal is to show how Hegelian arguments
about abstract right, morality, and ethical life constitute an
account of what it means to be free.
Revolutionary Values for a New Millennium: John Adams, Adam Smith, and Social Virtue. By John E. Hill. Lanham, Maryland: Lexington Books, 2000. 213p. $55.00.
Authors: McNamara Peter
Published: September 2019

No one will deny John E. Hill's claim that he has written an
"unabashedly didactic" book (p. xi). This is not social science,
or political theory, or history as it is usually understood by
those disciplines. I do not mean that as a criticism, for there
is great merit in writing as a concerned citizen-scholar. Hill
puts his political cards on the table. He is a self-described
"moderate liberal" (p. xi) who wants universal health insur-
ance, public funding of elections, more restraints on the
corporate sector, a more progressive tax system, more spend-
ing on education, and community service programs. He also
wants liberals to rethink their attitude toward morality: They
need to be more forthright about the importance of morali-
ty-social virtue-for the health of the Republic. In addition,
Hill does not shy away from telling us that he does not like
"individualistic excess" (p. ix), Alexander Hamilton, Ronald
Reagan, or the religious Right.
Checkbook Democracy: How Money Corrupts Political Campaigns. By Darrell M. West. Boston, MA: Northeastern University Press, 2000. 220p. $47.50 cloth, $16.95 paper.
Authors: Breaux David A.
Published: September 2019

Darrell West argues that elections, rather than stimulate
debate over ideas and policies, have degenerated into con-
tests in which candidates try to raise more and more money.
The cost of campaigns has skyrocketed, the level of cynicism
and apathy among voters has increased, and the perceived
accountability of elected officials has been placed at risk.
A Place in the Sun: Marxism and Fascism in China’s Long Revolution. By A. James Gregor. Boulder, CO: Westview, 2000. 231p. $45.00.
Authors: Joseph William A.
Published: September 2019

Few scholarly observers of Chinese politics today would
disagree with A. James Gregor's assessment that "little
remains of the Marxism of Communist China" (p. 215) other
than its use as an ideological subterfuge by the ruling party to
bolster its claim to a monopoly on political power in that
country. But few would agree with the central thesis of this
book that the People's Republic of China (PRC) is best
classified by scholars and responded to by Western policy-
makers as "a variant of contemporary fascism" (p. 166).
Creating the Zhuang: Ethnic Politics in China. By Katherine Palmer Kaup. Boulder, CO: Lynne Rienner, 2000. 221p. $52.00.
Authors: Seymour James E.
Published: September 2019

For communists, the "nationalities problem" has always been
the major stumbling block to the realization of their social
goals. Mao Zedong believed that it would take the longest to
solve. "First, classes will be eliminated, then nations, and
finally nationalities. Throughout the world it is the same" (p.
113). Inasmuch as policies on nationalities have been the
Achilles' heel of the various Chinese communist experiments,
it is surprising that it took so long for scholars, especially
those in the West, to examine the mainland's largest ethnic
minority, the Zhuang. Kaup's fine little book goes a long way
to filling the void.
Feminists and Party Politics. By Lisa Young. Vancouver: University of British Columbia Press, 2000. 227p. $75.00.
Authors: Vickers Jill M.
Published: September 2019

This comparison of the relationship between organized fem-
inism and partisan politics in Canada and the United States
addresses two questions. First, Young asks how much orga-
nized feminism has influenced partisan and electoral politics
in each country. Second, she asks how political parties in each
country have responded to organized feminism. She answers
these questions by examining the relationship between each
country's largest feminist organization and its party system
and by showing how each relationship changed between 1970
and 1997. The result is an important and readable book that
demonstrates the value of feminist political science as an
approach, especially in comparative politics. The book is
head and shoulders above many other texts about feminist
political activism, mainly because of Young's ability to bridge
between feminist ideas about politics and the comparative
politics literature about political opportunities.
The Spy Novels of John le Carré: Balancing Ethics and Politics. By Myron J. Aronoff. New York: St. Martin’s, 1999. 316p. $49.95 cloth, $21.95 paper.
Authors: Nelson John
Published: September 2019

Literary forms of inquiry into politics range far beyond the
journal article and the scholarly monograph. Myron
Aronoff's monograph serves us well by respecting the novel
of international intrigue as an insightful form for analyzing
the politics of diplomacy, bureaucracy, covert action, and
international regimes. Aronoff targets the latter-day dean of
spy novelists, David Cornwell, who writes under the name of
John le Carre´.
Gestures of Conciliation: Factors Contributing to Successful Olive Branches. By Christopher Mitchell. New York: St. Martin’s, 2000. 333p. $65.00.
Authors: Senese Paul D.
Published: September 2019

The end game of peace negotiations between international
actors has received a great deal of scholarly attention over
the years. Much of this effort focuses on the processes by
which states, leaders, or diplomats achieve durable solutions
to differences previously difficult to resolve. Christopher
Mitchell offers a significant contribution to this literature by
centering his attention on the observable starting points of
peace, those with the potential to trigger a sequence of
interactions that eventually produce an important agreement
between previously conflicting sides.
Effect of medium-chain TAG and exercise on satiety, energy intake and energy balance
Authors: Maher Tyler , El-Chab Alaeddine , Shafat Amir , Clegg Miriam E.
Published: September 2019

The present study examined whether the combination of medium-chain TAG (MCT) along with exercise suppresses energy intake to a greater extent compared with either intervention alone. Twelve participants consumed a porridge breakfast containing 692·9 kJ of either vegetable or MCT oil on two separate occasions: one followed by rest for 240 min and another followed by rest broken up with 1 h of cycling at 65 % $\dot V$O2peak starting at 120 min. At 240 min, participants consumed a buffet lunch to satiation and recorded their food intake for the rest of the day. Expired air samples (for calculation of energy expenditure (EE)) and subjective ratings of appetite on visual analogue scales were taken every 30 min, and gastric emptying (GE) breath samples were taken every 15 min. No effect of either breakfast or exercise condition was observed on energy intake at any time point (P > 0·05) or no effect was observed on subjective appetite ratings (P > 0·05). Exercise trials resulted in significantly higher EE compared with resting trials (2960·6 kJ, 95 % CI 2528·9, 3392·2; P < 0·001), and MCT increased resting EE over 4 h compared with long-chain TAG (LCT) (124·8 kJ, 95 % CI 13·5, 236·0; P = 0·031). GE was accelerated by exercise, regardless of the breakfast consumed, but delayed by MCT in both resting and exercise trials. The results show that exercise causes energy deficits via increased EE without promoting dietary compensation. MCT has no effect on energy intake or satiety but increases EE under resting conditions. There is no additive effect of MCT and exercise on EE, intake or appetite ratings.
Maternal dietary intake of vitamin A during pregnancy was inversely associated with congenital diaphragmatic hernia: the Japan Environment and Children’s Study
Authors: Michikawa Takehiro , Yamazaki Shin , Sekiyama Makiko , Kuroda Tatsuo , Nakayama Shoji F. , Isobe Tomohiko , Kobayashi Yayoi , Iwai-Shimada Miyuki , Suda Eiko , Kawamoto Toshihiro , Nitta Hiroshi ,   the Japan Environment and Children’s Study Group
Published: September 2019

The pathogenesis of congenital diaphragmatic hernia (CDH) is largely unknown; however, vitamin A seems to play a role in diaphragmatic development. Previous case–control studies reported that maternal dietary vitamin A intake was inversely associated with the risk of CDH. To our knowledge, however, there is no prospective evidence regarding this association. Our aim was to examine whether maternal intake of vitamin A was associated with CDH occurrence. Baseline data, from the Japan nationwide birth cohort study (2011–2014) of 89 658 mothers (mean age at delivery = 31·2 years) who delivered singleton live births, were analysed. We assessed dietary habits using an FFQ focused on the first trimester and estimated the daily intake of total vitamin A (retinol activity equivalents), retinol, provitamin A carotenoids and vegetables. The occurrence of CDH was ascertained from medical records. A total of forty cases of CDH were documented. The adjusted OR of CDH occurrence for the high total vitamin A intake category (median = 468 μg/d) was 0·6 (95 % CI 0·3, 1·2) with reference to the low intake category (230 μg/d). When we restricted to mothers with a prepregnancy BMI of 18·5–24·9 kg/m2, vitamin A intake was inversely associated with the risk of their children being born with CDH (OR 0·5, 95 % CI 0·2, 1·0). Even given the limited number of cases in the study, our findings provide additional evidence to link vitamin A with CDH.
INDICATIONS OF INCONSISTENCY
Authors: Petrie Nicholas
Published: September 2019

The author makes two claims in this paper. First, there appears to be an increase in indications of inconsistency (“IoIs”) across the common law world. Second, this increase is a normatively concerning turn in judicial practice. IoIs are judicial statements which, either explicitly or by implication, indicate that primary legislation is incompatible with certain protected human rights or civil liberties. They are related to, but stop short of, the formal remedies known as declarations of inconsistency (“DoIs”).
Argument by Analogy In Europian Law
Authors: Langenbucher Katja
Published: September 2019

ARGUMENT by analogy is one of the oldest methods of decision making. Whenever the similarity between two situations induces someone to decide one case like another, an analogy is drawn. Argument by analogy also forms an integral part of legal reasoning. Arguably, every legal tradition employs some version of it to justify judicial decisions. European law has only just started to develop its own distinct jurisprudence. As the various judicial systems present in the European Union struggle for recognition of their legal heritage, the way in which arguments by analogy will be used on an European level is likely to combine different approaches.
The Principle of Benefit and Burden
Authors: Davis Christine J.
Published: September 2019

OVER the years there seem to have been a number of cases based ultimately on a general principle that a person who takes the benefit of an arrangement will be bound by any associated burden contained in it despite the fact that he was not a party to the original arrangement. Potentially the most extreme application of this principle, and the most controversial, has been in Halsall v. Brizell and cases which followed it. The idea introduced in Halsall v. Brizell and later developed by Megarry V.-C. in Tito v. Waddell (No. 2) is that a person may, in appropriate circumstances, be bound by an obligation which is imposed by the same transaction that grants a benefit of which he wishes to take advantage but is not a condition of that benefit. Megarry V.-C. referred to this as an application of a pure principle of benefit and burden to contrast the situation with the application of a principle of benefit and burden in the case of a conditional or qualified right. In this article the term “pure principle” will be used to refer to the application of a principle of benefit and burden in Halsall v. Brizell and the cases which have followed it. Since the decision in Halsall v. Brizell, there has been controversy as to this most recent application of a principle of benefit and burden, the perceived problems being the lack of clarity and certainty as to the necessary requirements for its application and its potentially far-reaching effects. Such problems clearly influenced the House of Lords when deciding the case of Rhone v. Stephens and, since that decision, there has been some doubt as to whether the principle of benefit and burden can have the effect that has been suggested. A principle whereby a person can be forced to comply with obligations that would not otherwise bind him has undoubted attractions but will be unacceptable if it directly contradicts clearly established rules which prevent obligations binding non-contracting parties.
The Doctrinal Basis of The Rights of Company Shareholders
Authors: Grantham Ross
Published: September 2019

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.
Restitution for services performed under an illegal contract
Authors: McBride Nicholas J.
Published: September 2019

ALAGA & Co. was a firm of solicitors representing a number of Somali refugees applying for asylum in the UK. Ali Mohamed, a leading figure in the Somali community in the UK, sued Alaga: Mohamed v. Alaga & Co. [1998] 2 All E.R. 720. He had introduced the refugees to Alaga and wanted to be rewarded for making the introductions. He claimed that Alaga had entered into an oral contract with him whereby it undertook to pay him half of any fees it received from the Legal Aid Board in respect of refugees that he introduced to the firm. Unsurprisingly, perhaps, Alaga denied making any such agreement. It was unlawful for it to do so. The rules of the Law Society have legal force under the Solicitors Act 1974, s. 31. Under rule 3 of those rules a solicitor may accept introductions of business from other people so long as he or she does not reward the introducers of that business in any way. Under rule 7 of the same rules a solicitor is not allowed to share or agree to share his or her fees with anyone else except other practising solicitors, his or her employees and his or her retired partners. Lightman J. assumed, for the purposes of deciding the case, that Alaga did agree to pay Mohamed for any refugees he introduced to the firm.
Sale or return contracts: the right to reject
Authors: Rotherham Craig
Published: September 2019

RATHER than buying goods outright, retailers often find it convenient to receive goods under a “sale or return” arrangement. These agreements are not contracts of sale, but rather bailment arrangements that give the bailee the right either to buy or to reject the goods. A sale or return contract may require that the right to reject can be exercised only by the bailee physically returning any unwanted goods; however, in the absence of an express stipulation to this effect, these contracts are generally construed to require merely that the bailee give notice of rejection and make the goods available for collection by the bailor. The question then arises: what form must this notice take, and at what stage must the goods be made available for collection? These matters were considered by the Court of Appeal in Atari Corporation (U.K.) Ltd. v. Electronics Boutique Stores (U.K.) Ltd. [1998] 2 W.L.R. 66.
Comity and antisuit injunctions
Authors: Fentiman Richard
Published: September 2019

A fundamental tension underlies English law's approach to antisuit injunctions. Justice may warrant protecting a defendant from oppressive proceedings in a foreign forum by ordering the plaintiff to desist. But such relief challenges a foreign court's right to police its own process. How can the demands of justice and of comity be reconciled? When should concern for the one give way to respect for the other? Perhaps because antisuit relief reflects wider equitable principles, the prevention of injustice has long been the overriding imperative in such cases. But English courts are increasingly sensitive to the charge of chauvinism and respect for comity has become a real consideration in shaping their approach.
Inducement in Insurance Law: Sins of Commission and Sins of Omission
Authors: Hemsworth Margaret
Published: September 2019

This article takes a fresh look at the test for inducement of the insurer where there can be said to have been non-disclosure of a material fact by the insured. Specifically, the article questions the assumption that the test for inducement of the actual insurer operates in precisely the same way as it does under the general law of contract in misrepresentation. The speeches of the majority of the House of Lords in Pan Atlantic v. Pine Top (1995) appear to make no distinction between the operation of these concepts. Yet two recent Court of Appeal decisions (Downs v. Chappell; Bristol and West Building Society v. Mothew – both reported in 1997) would seem to suggest that there is a distinction to be made. The conclusion reached in this article is that evidence of actual inducement of the insurer in the sense of evidence that he would have refused to take the risk or would have taken it only on other terms is necessary when the case is put on the basis of “pure” non-disclosure. Where, in contrast, the case is properly framed in misrepresentation the insurer need only show that he acted in reliance or was induced to act by the representations actually made.
International Law in a Changing International System
Authors: Rosalyn Higgins D.B.E.
Published: September 2019

To see what international law can offer in an apparently chaotic and fast changing world is far from easy. But it is only by examining and trying to understand the evolving international system that some answers may be found, because international law and international relations are in a symbiotic relationship.

The characterising features of the contemporary international system are globalisation on the one hand and a unipolar power structure on the other. The former is having a significant impact on international law as by its very nature actors are engaged in transactions across State boundaries in alliances that are not bounded by nationality. Modern technology facilitates these alliances of interest and gives an unprecedented voice to non-State actors, whether in human rights, in environmental matters or in international markets.

The concentration of military power in the United States had led to various incremental changes in authorisations of force by the United Nations, whether for peacekeeping or for enforcement actions. The evolving relationship between the United Nations and NATO has negative as well as positive factors and needs careful monitoring.
Indirect Discrimination: Interpreting Seymour-Smith
Authors: Barnard Catherine , Hepple Bob
Published: September 2019

The preliminary ruling by the European Court of Justice in the Seymour-Smith and Perez case about the scope and meaning of indirect discrimination has done little to clarify this perplexing concept. The ruling does not tell the thousands of short-service employees whose claims were stayed pending the litigation whether the qualifying period of two years’ continuous service for the right not to be unfairly dismissed is contrary to Community law. Nor does it provide clear standards by which disparate impact is to be tested, nor the relevant time for assessing the legality of an allegedly discriminatory measure, nor the conditions for establishing objective justification. More generally, these proceedings under Article 177 (now Article 234) of the EC Treaty reveal a failure by the Court to perform its function of facilitating the national court in interpreting and applying Community equality law in a way which would be consistent and uniform throughout the Union.
Down Hill–All the Way?
Authors: Weir Tony
Published: September 2019

When suit was brought against the police in the name of the Yorkshire Ripper's final victim, alleging that they were negligent in failing to catch him sooner, every single one of the nine judges who heard the claim decided that it should be struck out (Hill v. Chief Constable [1989] A.C. 53). The House of Lords gave two reasons: first, that no duty was owed to the victim because the police were in no special relationship either with her or (unlike the case where Borstal boys wrecked a yacht while on the run from their dozy warders) with the criminal; secondly, that it was contrary to public policy for any such claims to be brought against the police in respect of their handling of criminal investigations.
Quashing Convictions for Pre-Trial Abuse of Process: Breaching Public International Law and Human Rights
Authors: Davidson Laura
Published: September 2019

In 1988, Nicholas Mullen fled from England to Zimbabwe. Two months later, he was deported to the United Kingdom where he was charged with, and convicted of, conspiracy to cause explosions likely to endanger life or cause serious injury to property. He was sentenced to thirty years' imprisonment.
Remoteness of Damage in Negligence: A Rotten Structure Collapses
Authors: O'Sullivan Janet
Published: September 2019

In The Wagon Mound (No. 1) [1961] A.C. 388, Viscount Simmonds expressed the hope that, by replacing directness (and its attendant “insoluble” problem, the search for breaks in the chain of causation) with reasonable foreseeability as the test for remoteness of damage in negligence, “the law will be simplified and . . . palpable injustice will be avoided”. Lawyers have long recognised that the first of these aspirations has failed dismally. Regrettably, the Court of Appeal decision in Jolley v. Sutton London Borough Council [1998] 1 W.L.R. 1546 provides a stark example of failure on both counts.
When is a Sale Made “In the Course of a Business”?
Authors: Sealy L.S.
Published: September 2019

In the days (not so long ago) when there were typewriters in solicitors' offices, there was much speculation whether the sale by a solicitor of a typewriter which was no longer required would be caught by the provisions in section 14 of the Sale of Goods Act that impose conditions as to quality and fitness upon a “business” seller. There was no real room for doubt so far as the original Act of 1893 was concerned, where the relevant subsections referred to goods “of a description which it is in the course of the seller's business to supply” (s. 14(1)) and to “a seller who deals in goods of that description” (s. 14(2)). Plainly, our solicitor was not within either subsection. But when section 14 was revised (and subsection (1) confusingly renumbered so that it became subsection (3)), these formulae were discarded and replaced by the wording: “Where the seller sells goods in the course of a business”–which is plainly wider. This reform was introduced by the Supply of Goods (Implied Terms) Act 1973 and later consolidated into the Sale of Goods Act 1979 that is currently in force. Remarkably, the scope of the new provision has not been the subject of any judicial consideration for over two decades; but the Court of Appeal has now given a firm ruling in Stevenson v. Rogers [1999] 1 All E.R. 613, with the consequence that any redundant typewriters disposed of by solicitors in the future will be deemed sold “in the course of a business”.
Giumelli, Estoppel and the New Law of Remedies
Authors: Wright David
Published: September 2019

In Giumelli v. Giumelli (1999) 161 A.L.R. 473 (Gleeson C.J., McHugh, Gummow, Kirby and Callinan JJ.) the High Court of Australia substantially allowed the appeal from the decision of the Full Court of Western Australia, and by doing so confirmed the emergence of a new law of remedies.
Sorry, We've Sold Your Home: Mortgagees and their Possessory Rights
Authors: Dixon Martin
Published: September 2019

Ropaigealach v. Barclays Bank plc (not yet reported) is another case that attempts to define precisely the relationship between a mortgagee's right to possession of mortgaged premises following default by the mortgagor and the court's ability to defeat or defer this right under its statutory powers. More than that, the Ropaigealach decision illuminates brightly the true extent of a mortgagee's possessory rights and may, if other mortgagees cannot resist the temptation to follow its lead, require the further intervention of Parliament to protect mortgagors of dwelling houses.
Recent Developments in Restitution of Mistaken Payments
Authors: Virgo Graham
Published: September 2019

Although the decision of the House of Lords in Kleinwort Benson Ltd. v. Lincoln C.C. [1998] 3 W.L.R. 1095 has done much to rationalise the law on restitution of mistaken payments, the law remains unclear in certain important respects. Two recent decisions have, however, sought to clarify the law.
Restitution–Mistake of Law–Reform in Haste, Repent at Leisure
Authors: Hedley Steve
Published: September 2019

In Kleinwort Benson v. Lincoln City Council [1998] 3 W.L.R. 1095 the House of Lords heard consolidated appeals arising out of the failure of interest rate swap transactions entered into between various banks and local authorities. Having paid out considerable sums under the swap arrangements, the banks were disconcerted to find them declared ultra vires and void (Hazell v. Hammersmith and Fulham L.B.C. [1992] 2 A.C. 1). The Lords have now held that sums paid by the banks may be recovered back, by action in restitution for mistake. In so holding, they have abrogated the rule that a mistake of law is not actionable, and denied (at least on these facts) any defence that the parties acted on the basis of “settled law”.
Taming the Unfair Prejudice Remedy: Sections 459–461 of the Companies Act 1985 in the House of Lords
Authors: Goddard Robert
Published: September 2019

The shape of the unfair prejudice remedy–sections 459–461 of the Companies Act 1985–owes much to the influence of Lord Hoffmann, for throughout his judicial career he has played a leading role in the remedy's development (see, e.g., Re a Company [1986] B.C.L.C. 376 and Re Saul D. Harrison & Sons plc [1995] 1 B.C.L.C. 14 (C.A.)). In Re a Company (No. 00709 of 1992) [1999] 1 W.L.R. 1092 (O' Neill v. Phillips), the House of Lords considered sections 459–461 for the first time. In a strong, wide-ranging judgment, Lord Hoffmann delivered the opinion of the House. By reasserting the remedy's contractual focus, he sought to bring greater certainty to its operation; in so doing, he signals a restriction in the remedy's ambit.