bluuebunny/crossref_metadata_2025 huggingface dataset:
Treatment of suprascapular nerve entrapment syndrome
Authors: Leider Joseph D. , Derise Olivia C. , Bourdreaux Kyle A. , Dierks Gregor J. , Lee Christopher , Varrassi Giustino , Sherman William F. , Kaye Alan D.
Published: July 2021

Suprascapular nerve entrapment syndrome (SNES) is an often-overlooked etiology of shoulder pain and weakness. Treatment varies depending on the location and etiology of entrapment, which can be described as compressive or traction lesions. In some cases, treating the primary cause of impingement (ie. rotator cuff tear, ganglion cyst, etc.) is sufficient to relieve pressure on the nerve. In other cases where impingement is caused by dynamic microtrauma (as seen in overhead athletes and laborers), treatment is often more conservative. Conservative first-line therapy includes rehabilitation programs, nonsteroidal anti-inflammatory drugs, and lifestyle modification. Physical therapy is targeted at strengthening the rotator cuff muscles, trapezius, levator scapulae, rhomboids, serratus anterior, and deltoid muscle(s). If non-operative treatment fails to relieve suprascapular neuropathy, minimally invasive treatment options exist, such as suprascapular nerve injection, neurostimulation, cryoneurolysis, and pulsed radiofrequency. Multiple treatment modalities are often used synergistically due to variations in shoulder anatomy, physiology, pain response, and pathology as a sole therapeutic option does not seem successful for all cases. Often patients can be treated with non-invasive measures alone; however, injuries refractory to conservative treatment may require either arthroscopic or open surgery, particularly if the patient has an identifiable and reversible cause of nerve compression. Indications for invasive treatment include, but are not limited to, refractory to non-operative treatment, have a space-occupying lesion, or show severe signs and symptoms of muscle atrophy. Open decompression has fallen out of favor due to the advantages inherent in the less invasive arthroscopic approach.
Exploring the Role of Technological Representations to Facilitate Mathematics Learning In E-Class
Authors:   Assistant Professor (Mathematics Education),  Department of Elementary Education, Miranda House,  Delhi University, New Delhi-India, threja_ashu@yahoo.co.in, Threja Malhotra Ashu , Kaur Jasneet ,   PGT (Maths), Directorate of School Education,  GGSSS NIT3 Faridabad, Haryana-India, kaurjasniit@gmail.com
Published: July 2021

This paper explores the role that is played by technological representations used in e-classes during pandemic, in promoting interactions among peers and teacher & students in order to provoke mathematical understandings. The analysis is based upon the theoretical framework as the Johonson Mathematical Representation Model which is an extension of Lesh’s Multimodal model of translations amongst the representations. Findings of the study suggest that Constructive tasks which used dynamic pictorial representations were successful in capturing the interest and curiosity among students and provided ample of opportunities to students to interact and think mathematically.
An Analysis of Financial Management of Electricity Company in Kota, Rajasthan
Authors:   Research Scholar, Saxena Laxmi ,   School Of Management  Career Point University, Kota, Rajasthan-India, Rawal Dr. Pratima ,   Assistant Professor School Of Management  Career Point University, Kota, Rajasthan -India
Published: July 2021

On 19th July 2000, Government of Rajasthan issued a gazette notification by which Rajasthan State Electricity Board (RSEB) was unbundled into new entities based on functional specialization. RSEB was unbundled into five new entities out of which Rajasthan Rajya Vidyut Prasaran Nigam Ltd., (RVPN) is constituted as transmission company. Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) was discharging wheeling of power and electricity transmission only. The Transmission Company operates all the 765 kV, 400kV, 220 kV and 132 kV electricity lines and system in the State. Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) deliver power from the location of generation to inter-phase point of Discoms so as to enable them to supply where it is needed either in the homes or in businesses they serve. The main important objective of the RVPN is to provide reliable electric transmission service to the customers. Being infrastructure of RVPN it serves as the link in transporting electricity to millions of electricity users as a public utility. RVPN is a Government Company and its Authorized Share Capital is Rs. 7000 crore and paid up capital is Rs.4441.04 as on 31.13.2019. RVPN is a State Power Transmission Utility, wholly owned by the Government of Rajasthan which undertakes activities relating to transmission of power and management of load dispatch in the state of Rajasthan. This study analysis the capital structure and financial performance of Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) of the last three years 2016-17 to 2018-19. The required data were collected from the secondary source i.e. audited final accounts of RRVPNLTD. This research paper was an effort to identify its financial strength and weakness with the help of various financial analysis tools and techniques.
Presenting a Seminar: Factors Influencing Student's Performance in Higher Education Institutes
Authors:   HOD- Zoology, Chinmaya Degree College, Haridwar,  Corresponding Author: drsandhyavaid@gmail.com, Vaid Dr Sandhya ,   Associate Professor, School of Education, Career Point University, Kota Rajasthan-India
Published: July 2021

Modern day Universities/ Degree Colleges/ Higher Education Institutes have made SC as mandatory curriculum for those pursuing UG/ PG degrees. SCR necessitates presentation for course credit. Seminar is evaluated by jury of experts. Clinical formulations of CDC Zoology (PG) students were studied in context with factors influencing student's performance in SCR presentation. Parameters like behavior, presentation, communication skills and viva-voce were monitored. Clinical psychology of 193 CDC students were studied over a period of 10 years in batches. The excellent performance in presentation of 50% students of 2014 batch was due to guide's involvement. SCR of 2 students of 2018 is referred as benchmark documents in CDC. Overall 44% shew good communication skills and 25% students shew excellent communication skills during seminar presentation. Study found semi forward correlation between poor performance in presentation and viva-voce. Overall 19 students gave poor presentation and 11 students performed poorly in question-answer session. Guides were suggested to arrange mock SCR presentation to counter EP disorder. Test period witnessed 8 students suffering from exams phobic disorder. Few students complained about forgetfulness after the presentation. Performance of all the students of 2020 batch who presented online webinar was VG on Fruition scale. Demography analysis was not done due to insignificant strength of male students. Male to Female ratio of CDC in Zoology (PG) is below 1:10. Present study found that performance of HEI student in presentation of SCR is directly proportional to guidance, presentation, communication skill, viva-voce, hard work and confidence, interest and grasping, and time management. Whereas the same has inversely proportional functional relationship with EP, forgetfulness, temporary hearing, attention loss disorders and family woes. A new concept of HEI - Community Engagement is introduced with an objective to make the research understandable to the remotest individual entity of community. Instead of focusing on complex available techniques of analyzing students performance in presentation of seminar, a simplified basic clinical formulation for CDC students involving psychological factors is studied without the help of statistical tools
Exploitation and Subjugation of Women in ‘The Dark Holds no Terrors’
Authors:   Research Scholar,  Department of English, Career Point University, Kota Rajasthan-India, nnaziarashid@gmail.com, Rashid Nazia , Raj Purohit Dr. Anshu ,   Professor,  Department of English, Career Point University, Kota Rajasthan-India, anshuraj18@gmail.com
Published: July 2021

Shashi Deshpande has been the champion of the disquietude and struggles of women. Her works, very indisputably depict the various roles of women in their life as a wife, a mother, a sister, a daughter, , a daughter-in-law and so on. Her works can’t be called directly feminist since her works are not against man; in fact, her novel depicts the dilemma of the new educated modern working women in the traditional Indian society. This present paper attempts to critically analyse the selected novel of Shashi Deshpande _The Dark Holds No Terrors. The focus of the paper is to present why women are no longer afraid of darkness and why women are really oppressed in the society. Women, for ages altogether, have been subjected to exploitation and suppression; their lives have been spent in the darkness and thus, they are not afraid of darkness instead they feel comfort in the dark and even they feel estranged from others due to suppression by the patriarchal society. The study also attempts to highlight the fact that women are denied rights not only because of the circumstances but also because women themselves suppress other women and use men as instruments. The Dark Holds No Terrors is the story of Sarita, often referred to as Saru in the novel, and her disruptions and conflicts. The novel reveals the life of Sarita who is always neglected and ignored in favour of her brother. She is not given any heed-no parental love is shown upon her even on her birthdays. Her brother’s birthdays, however, are celebrated with full enthusiasm including the performance of the religious rituals. When her brother is drowned, she is blamed for it. Feminine sensibility is an appealing quality in literature. Almost all the writers in India express and expose this quality in their writings. The renowned novelist Shashi Deshpande is no exception in portraying this aspect in her novels. In this study, an attempt is made to study Shashi Deshpande’s women protagonists as portrayed in her novels, with a view to understand and appreciate their trials and tribulations under the impact of the conflicting influence of tradition and modernity. It critically analyses their response to the emerging situation in life so as to fit themselves in the contemporary society. The study considers the problems of her characters which have had to contend with the given situation.
Accent and Factors of Accent Creation
Authors:   Professor, Department of Pashto,   Faculty of Languages and Literatures, Paktia University, Afghanisthan,  Corresponding Author: ehsanpamir@gmail.com, Pamir Ehsanullah
Published: July 2021

لهجه د خبرو اترو طرز یا د خبرو دافادې یو ډول دی، لهجې ته په انګریزي ژبه کې ډیالیکت(Dialect) وایي چې د یوناني ژبې د (Dialectos ) له کلیمې څخه جوړه شوې ده او ډیالکتوس د خبرو کولو طریقې ته ویل کیږي. ګړدودونه په جغرافیایي ماحول سربېره په ټولنه کې د یوې ژبې د ویونکو له ټولنيز او اقتصادي دریځ سره هم بدلون مومي. لکه د کلیوالو لهجه، د بزګرو لهجه، د مامورینو لهجه، د اشرافو لهجه او داسې نورې ډېرې لهجې یې په بیلګو کې راتللای شي. ژبپوهان وايي ،‎چې‎‎‎ له ژبې څخه لهجې هغه وخت منځته راځي، چې ویونکي یې له خپل اصلي او طبعي ټاټوبي څخه د بېلا بېلو ټولنیزو، اقتصادي، سیاسي او نظامي عواملو له امله نورو سیمو ته ور ولېږدیږي او هلته د نورو ژبو په ګاونډ کې واقع شي او د نورو ژبو او ثقافت تر اغېز لاندې راشي، د ځینو لهجو د انکشاف لړۍ دومره پسې اوږده شي، چې یوه بله ژبه منځ ته راوړي. ​
Concept and Applications of M-Commerce in India
Authors:   Research Scholar, Career Point University, Kota, Rajasthan-India, sarrada.ramesh@gmail.com, Sarada Katanakal ,   Rtd Principal, SSBN Degree College, Anantapur, Andhra Pradesh-India, drknirmalamma@gmail.com, Nirmalamma Dr. K. ,   Associate Professor, School of Education, Career Point University, Kota, Rajasthan-India
Published: July 2021

Mobile commerce is the buying and selling of goods and Services through wireless handled devices such as smart phones and tablets etc. Ecommerce Users to access M-commerce enables online shopping platforms without needing to use & a desktop computer. For example, purchase and sale of products. Online like banking and paying bills. (Virtual market place apps the Amazon mobile App, Android pay, Samsung pay etc...) The main idea behind M. commerce Is to enable various applications and services available on the internet to portable devices (mobiles, laptops, tables etc.) to overcome the constraints of a desktop computer. M commerce aims Serve all information and material needs of the people in a convenient and easy way.
Coronavirus – A Dreaded Lurgy
Authors:   Bhms Intern at Anushree Homeopathic Medical College,  Jabalpur, Madhyapradesh-India,  fareenjauhar78@gmail.com, Jauhar Dr. Fareen
Published: July 2021

Who would have thought that oxygen that was so much abundant in atmosphere would become luxury? 2019 witnessed an emergence of a disease named coronavirus, a disease that affected mankind physically, mentally and socially. The coronavirus disease-2019 (COVID-19) pandemic, caused by the new coronavirus SARS-CoV-2, spread around the globe with unprecedented consequences for the health of millions of people. While the pandemic is still in progress, with new incidents being reported every day, the resilience of the global society is constantly being challenged. Health system has been catastrophied by this pandemic. There is shortage of medicine, hospital beds, hospital staff and basic amenities as well. In these tough times people have looked to alternative system of medicine to get rid of this deadly virus. Homeopaths marched forward in treating mild to moderate cases and the after effects of SARS-COV-2 infection on human economy. Effective results have been noticed the cure process. Prevention and management of this highly transmissible respiratory viral illness require a holistic and interprofessional approach that includes physicians' expertise across specialties, nurses, pharmacists, public health experts, and governmental authorities.
Use of Professional Language in Media
Authors:   Head and Lecturer of journalism and Mass Communication  Department, Paktia University, Gardiz, Paktiya, Afghanistan, habib.khalid5@gmail.com, Habib Khalid Ahmad
Published: July 2021

Every language in the world has its own basics, goals and characteristics, but all are harmonious in communicative value, this means that every language transmits communication, knowledge, ideas, culture, feeling, purpose and many other things. On the other hand, languages ​​are the names that are specific to the power of speech of certain nations and people around the world, such as: Pashto is the language of the Pashteens tribe, Hindi is the language of the Hindu tribes, and English is the language of the English tribes and so on. It is not important for a person to understand many languages, even if, one speaks only in one's native language , one is able to share one's thoughts, desires and feelings with others. Since, every language in the world has its own terminology, which includes academic, professional vocabulary and information. This article is written by taking references from different books, experiences and instructions in regard to my profession or journalism about the origin of language, communicative value, characteristics of language, function of language, linguistic problem and language of media. Scholar’s views are mentioned and the use of professional language, guidance, and its impact on professional language especially in media is also discussed. And in appropriate places, practical examples are also incorporated from across the country, the region and the world, for better explanation of the subject to readers.
The Poetics of Mythological Spaces in Contemporary Vietnamese Prose from 1986 to Present
Authors: Le Quoc Hieu
Published: July 2021

Myth and mythological criticism have become a significant concern for literary studies. Mythological materials and thinking have been penetrated and regenerated in contemporary literary writings, forming unique creative writing against socialist realism aesthetics. The article explores some specific poetics of mythological spaces in Vietnamese narratives since 1986. Through the analysis of spatial aesthetics in some works written by Pham Thi Hoai, Nguyen Huy Thiep, Ta Duy Anh, Chau Dien, and Nguyen Xuan Khanh, the article points out the distinctions of mythological spaces, including the binary spaces, the spiritual and legendary spaces, and the symbolic spaces.
Transformational Leadership Relationship with Employee Creativity: The Moderating Effect of Knowledge Sharing and Mediating Effect of Creative Self-Efficacy
Authors: Asad Naveen , Hashmi Hammad Bin Azam , Nasir Mishal , Khalid Adeel , Ahmad Aftab
Published: July 2021

Sustainable competitive advantage is the ultimate goal of numerous creative oriented firms. Therefore, this study’s purpose is to investigate the relationship amongst transformational leadership and employee creative performance with the intervening mechanism of creative self-efficacy, furthermore, this study’s purpose is to examine the knowledge sharing culture moderating role amongst transformational leadership and creative self-efficacy. A quantitative survey methodology was used for data collection, and 150 questionnaires have been circulated to employees employed in the private banking sector situated within twin city premises. This study’s result indicated that transformational leadership and employee creative performance have significant relationships with each other, moreover, creative self-efficacy mediates amongst that relationship. Furthermore, knowledge sharing culture does not moderate amongst transformational leadership and creative self-efficacy. Practical implications and limitations have been discussed. Likewise, the future direction is also recommended in this study.
‘Something like the principles of British liberalism’: Ivor Jennings and the international and domestic, 1920–1960
Authors: Clark Martin
Published: July 2021

While the relationship between domestic and international law provoked constant debate among European jurists in the interwar years, British thinking is remembered as orthodoxly dualist and practice-focused. Complicating this narrative, this article revisits W Ivor Jennings’ work, arguing that the domestic and international were central to his understandings of interwar legal change in the imperial and international communities. Part 1 examines Jennings’ seemingly forgotten 1920s works, which analysed constitutional and international interactions within the rapidly changing imperial system. Part 2 explores Jennings’ turn to international and domestic forms of the rule of law in the lead-up to war, emphasising their British liberal heritage. Part 3 shows how these conceptions, and their imperial connections, echoed in Jennings’ post-war projects: a European federation modelled on the empire; and lectures to decolonising states. This reveals both new angles to Jennings’ work and the importance of the domestic and international for constitutional legacies of empire.
Crown act of state and detention in Afghanistan
Authors: Rooney Jane
Published: July 2021

The Serdar Mohammed litigation signalled a decisive change in judicial attitude towards scrutiny of extraterritorial executive action in armed conflict. The most significant indicator of a change in judicial attitude was the reinstatement of the act of state doctrine in the private law claim in tort. Act of state bars tort claims against the Crown when the Crown acts outside of its territory. The UK Supreme Court characterised act of state as a non-justiciability doctrine. The article argues that the UK Supreme Court exercised extreme deference in its adjudication of the act of state in the private law claim. This deference was then mirrored in the reasoning employed in the public law claim under the Human Rights Act 1998, departing from international and domestic standards on detention in armed conflict.
The Privy Council and the constitutional legacies of empire
Authors: Scott Paul F
Published: July 2021

The British Empire is treated as a historical phenomenon, but it enjoys a residual existence in the form of the various Overseas Territories of the UK. This paper considers the constitutional position of those territories. It shows that they are mostly excluded from what is called here the ‘domestic’ constitution, having no representation in its institutions and, when acknowledged, if at all, conceived of as foreign entities. Instead, the Overseas Territories are governed mostly via a distinct (post-)imperial constitution, primarily via the mechanism of the Privy Council. That institution, which does little work within the domestic constitution, creates a formal divide between the domestic and the imperial. This formal divide both masks the substantive continuities between the domestic and the imperial constitutions and facilitates, as regards the Overseas Territories, forms of governance which would not be tolerated in the imperial centre.
Constitutional law and empire in interwar Britain: universities, liberty, nationality and parliamentary supremacy
Authors: Coffey Donal K
Published: July 2021

This article examines the influence of imperial law, law outside the UK but within the British Empire, on the development of British constitutional law in the interwar period. It first looks at public law within the universities. Four foundational textbooks in British public law are then analysed to assess the extent to which the academic exposition of constitutional law was influenced by imperial law. The influence of imperial law on the areas of liberty/habeas corpus and citizenship is then considered. The article concludes by re-examining the doctrine of parliamentary supremacy and argues that Dicey accepted a variant of the ‘manner and form’ objection in the final edition of his textbook completed before his death.
Asymmetrical international law and its role in constituting empires: the ICJ Chagos Advisory Opinion
Authors: Lythgoe Gail
Published: July 2021

The ongoing relationship between the UK and the Chagos Archipelago raises a number of important questions about international law’s relationship with imperialism, more specifically, the ability of the international legal order to influence the fact and the manner of decolonisation. In this contribution, I explore some aspects of this problem. I begin by providing a brief overview of the proceedings of the International Court of Justice, summarising the basic legal consequences of the court’s Advisory Opinion, before discussing its implications from the standpoint of what it reveals about international law’s relationship with the residual British Empire. My argument is that, for all its apparent attempts to promote decolonisation and self-determination, the international legal order has been and continues to remain complicit in the maintenance of exactly the kind of asymmetrical legal relations that constitute empires. Thus, although the Chagos Advisory Opinion may well have long-term significance for the development of the international legal doctrine and the teachings of international law, given the UK’s current position, it will not have any immediate impact on the plight of the Chagossian people.
The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?
Authors: Masterman Roger
Published: July 2021

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.
Constitutionalism in the periphery: revisiting the roots of self-rule movements in Ireland and India
Authors: Arvind T T , Mac Síthigh Daithí
Published: July 2021

This article re-examines the constitutionalism that underlay moderate self-rule movements in Ireland and India. We argue that early self-rule movements in India and Ireland were rooted in the same civic republican tradition that also influenced Anglo-American political thought but developed it in ways that have no counterparts in English political thought. These developments left a lasting legacy on constitutional thought in India and Ireland and present a contrast with nineteenth-century British political and constitutional thought. Through an examination of Mill and Dicey’s views on empire, we show that constitutional thought in the UK saw a shift away from older republican traditions of politics towards an interests-based constitutionalism, which saw government as being justified by its efficiency in promoting particular interests. We conclude by considering some of the broader implications of our work for the manner in which the British Empire is treated in constitutional scholarship in the present day.
Constitutional legacies of empire in politics and administration: Jamaica’s incomplete settlement
Authors: Stirton Lindsay , Lodge Martin
Published: July 2021

Constitutionalism is characterised by tensions and ambiguities. The Westminster constitutional framework is no different and, in the UK, these tensions are traditionally mitigated through informal institutions, underpinned by what Leslie Lipson called a ‘mutually beneficial bargain’. While the existing literature has pointed to a ‘transplant effect’ in which only the formal but not the informal institutions are transplanted, little is understood about the legacy effects of such transplants, how they are mediated by the presence, absence or modification of such a bargain, and the impact on the conduct and effectiveness of government. Using the case of Jamaica, this paper explores these issues by examining the constitutional tension between principles of responsible and representative government as they operate on the relationship between politics and civil service in the colonial and immediate post-colonial period. We argue that the constitutional legacy is one of a ‘mutually suspicious bargain’ between politicians and civil servants, which emerged under the era of colonial rule, but persisted into the post-colonial era, becoming, in the 1970s, a central flashpoint of constitutional conflict. As a result of this colonial legacy, there has been an unresolved tension in the operation of the Jamaican constitution regarding the appropriate balance between constitutional principles of responsibility.
Book review: (B)ordering Britain: Law, Race and Empire by Nadine El-Enany
Authors: Scott Paul F
Published: July 2021

A review of Nadine El-Enany's (B)ordering Britain: Law, Race and Empire (Manchester University Press 2020).
Duress and loss of control: fear and anger in excusatory defences
Authors: Williams Glenys
Published: July 2021

This article examines the role of the anger and fear emotions in the loss of control and duress defences and argues that, although fear is now included as a trigger in loss of control, priority is still given to anger as a triggering event. Furthermore, in duress, although fear is the overriding mental state of the duressee, it wrongly forms no part of the rationale of the defence at all.
Following a brief examination of both emotions, the article – individually with respect to each defence – considers issues relating to the (in)sufficiency of the objective element contained in the defences, specifically because neither properly take fear into account as a characteristic which should be attributed to the reasonable person, and then, to a lesser extent, what impact theoretical principles, such as mechanistic and evaluative approaches, have on the role emotion plays in both defences (if any). It is clear that none of these, nor indeed the relatively new discipline of neuroscience, examined in the penultimate section of the article, can tell us about the effects of emotion on decision-making, reasoning, control and responsibility, nor can they provide an answer as to how emotions – fear especially – can be properly incorporated into both defences.
Numerous emotion-based alternative solutions are disseminated, and, although no preference is expressed here, it is recommended, firstly, that fear should be more effectively incorporated into the loss of control defence and, secondly, that duress should include fear as a characteristic attributed to the reasonable person.
Mediation in French administrative courts: what lessons for administrative justice?
Authors: Boyron Sophie
Published: July 2021

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.
The Supreme Court’s judgment in Adams and the missing step of statutory construction
Authors: Horvath-Franco David
Published: July 2021

The Supreme Court’s recent decision in R v Adams [2020] UKSC 19 was made partly on the basis of an assumption that the invalidity of the interim custody order made in respect of the appellant would automatically result in the quashing of his convictions for escaping detention on the basis of that order under paragraph 38(a) of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1973. However, to make this assumption is to skip a crucial step in the required reasoning: construction of the statutory offence the appellant was convicted of. Several arguments are put forward suggesting an alternative construction of paragraph 38(a). That construction holds that the paragraph 38(a) offence not only prohibits escape from detention under a valid interim custody order, but also from detention under an ostensibly valid, but nonetheless technically invalid, interim custody order.
The Singapore Convention: A Solution in Search of a Problem?
Authors: Clark Bryan , Sourdin Tania
Published: July 2021

This paper explores the purpose and efficacy of the United Nations Convention on International Settlement Agreements Resulting from Mediation (‘Singapore Convention’ or ‘Convention’). The Convention’s genesis was premised on the notion of alleviating the enforceability issues that are annexed to settlement agreements arising from cross-border mediation (IMSA). While such enforceability issues are not entirely unfounded, the way in which the Convention has been drafted to address such issues has been the subject of criticism. In view of such criticisms, this paper explores the empirical research upon which the Convention’s introduction is based and queries whether the structure of the instrument heralds an unnecessary juridification of the mediation process. In particular, a close review of the research highlights the unintended consequences that can flow from the Convention’s uptake, suggesting that the introduction of the Convention may lead to an increase in issues pertaining to IMSA enforcement. It is in this context in which this paper submits that the Convention may be regarded as a solution in search of a problem.
Patents, access to health and COVID-19 – The role of compulsory and government-use licensing in Ireland
Authors: McMahon Aisling
Published: July 2021

As the race for effective vaccines/treatments for Covid-19 develops, attention has turned to how such vaccines/treatments will be accessed globally. Patents play a significant role in this context because they give the patent-holder the right to stop others using patented inventions. Patents are available on medicines/vaccines and could form significant access obstacles for Covid-19. Moreover, whilst many patent-holders may be willing to license health-technologies reasonably, others may not. Therefore, it is imperative that national governments ensure effective avenues exist to intervene with patent-holder discretion via compulsory and government-use licensing. This article focuses on the legal framework applicable in Ireland for such compulsory licensing interventions, interrogating the effectiveness of this framework in alleviating access issues posed by patents for Covid-19. It demonstrates how the current framework could be reformed to make it more effective in tempering patent-holder control, where needed, whilst remaining in compliance with Ireland’s international obligations.
Procurement and Commissioning during COVID-19: reflections and (early) lessons
Authors: Sanchez-Graells Albert
Published: July 2021

This commentary reflects on some common themes that are starting to emerge in the early analysis of the healthcare procurement and commissioning response to the COVID-19 pandemic. Although it largely results from the observation of the situation in the English NHS, the most salient issues are common to procurement in other EU healthcare systems, as well as more broadly across areas of the public sector that have strongly relied on the extremely urgent procurement exception in the aftermath of the first wave of the pandemic. Given the disfunction and abuse of ‘unregulated procurement’ in the context of COVID-19, the commentary reflects on the longer term need for suitable procurement rules to face impending challenges, such as Brexit and, more importantly, climate change.
Abortion activism, legal change, and taking feminist law work seriously
Authors: Enright Máiréad , McNeilly Kathryn , De Londras Fiona
Published: July 2021

Abortion laws in the Republic of Ireland and Northern Ireland have recently undergone radical reform. This occurred following a 2018 referendum in the Republic and the passing of the Northern Ireland (Executive Formation etc) Act 2019 in Northern Ireland. In both jurisdictions, these legal changes are the products not only of moments of constitutional and legislative action or of litigation, but of decades of feminist protest and strategising that both generated and exploited moments of legal opportunity. In this article, drawing on a 2018 workshop and qualitative interviews with feminist activists, we focus attention on what we call the ‘feminist law work’ involved in reform, highlighting the role of non-lawyer activists in achieving legal change in instrumental, creative, emotional, and laborious ways. We argue that ‘feminist law work’ should be taken seriously as a highly skilled and indispensable driving force in formal legal change processes.
The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets
Authors: Fisher James
Published: July 2021

This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v Mirza. The court employed a context-sensitive, teleological approach to attribution, one consequence of which was the conclusive consignment of the House of Lords’ decision in Stone & Rolls Ltd v Moore Stephens to irrelevance. It nonetheless privileges orthodox, pre-Patelian authority in the disposal of the case. The court’s approach suggests that Patel is perceived as the high-water mark for expansive, policy-sensitive understanding of the illegality principle, and that its disruptive potential is likely to be carefully constrained in future decisions of the Supreme Court.
Pre-charge identification of a minor and Article 14 of the ECHR: Judgment In the Matter of an Application by JKL (A Minor)
Authors: Gordon Faith
Published: July 2021

N/A
Irish rights of residence: the anatomy of a phantom
Authors: Watt Graeme
Published: July 2021

The present law on rights of residence relies heavily on a licence-based analysis resting in large part on the seminal work of Professor Harvey. However, since the 1970s, the law of licences, and in particular their proprietary effect, has been in retreat. This has left the licence approach exposed and rights of residence in need of a reappraisal.
The electoral commission, disinformation and freedom of expression
Authors: Shattock Ethan
Published: July 2021

This commentary examines how the prospective electoral commission could play a role in combatting disinformation in the run-up to Irish elections. While legislative debates have pointed to the potential role of the commission in protecting elections from anti-democratic actors who disseminate false electoral claims, no clear mandate has detailed how this could manifest. This ambiguity is exacerbated by Ireland’s electoral statutory framework, which has struggled to adapt to the challenging digital realities of contemporary electoral engagement. While the emergence of disinformation and related digital exigencies represents a potential for regulatory scrutiny, this must be considered alongside Article 10 of the European Convention on Human Rights (ECHR) and Article 40.6.1 of the Irish Constitution, both of which protect the right to freedom of expression. In positing how the new commission could counter electoral disinformation, a natural starting point is to probe how such functions are shaped and limited by this fundamental right. Moreover, the reluctance of the Irish judiciary and the European Court of Human Rights (ECtHR) to accept regulatory interference with political expression means that restrictions on the dissemination of information in the run-up to elections must be treated with delicacy when shaping the commission’s potential functions in this critical area.
Proposals for copyright law and education during the COVID-19 pandemic
Authors: Hudson Emily , Wragg Paul
Published: July 2021

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.
Medical negligence and diagnosis: further inroads into Bolam?
Authors: Amirthalingam Kumaralingam
Published: July 2021

The Bolam test allows medical professionals to set the standard of care in medical negligence litigation. There is growing recognition that the medical professional’s duty to the patient is complex and multifaceted and that Bolam may not be appropriate with respect to some aspects of the duty. Significantly, it has been rejected with respect to the duty to inform. Recent cases involving diagnosis and cancer screening raise questions about its application to these aspects of the medical professional’s duty. It is timely to consider further inroads into Bolam by curtailing its application to diagnosis and rejecting its application to screenings tests.
Skype kids and the price elasticity of demand: constructing the common law constitution
Authors: Rowe Chris
Published: July 2021

In 2017, the Supreme Court held that it was unlawful to charge a British citizen earning £15,000 a year approximately £160 to bring a claim to an employment tribunal, but lawful to prevent their partner from living with them in the UK. This article analyses these two decisions in relation to the Common Law Constitution (CLC). It shows that there was a profound discrepancy in the judicial approach, with structurally different tests employed at sharply different intensities, despite the two cases raising similar legal issues and both plausibly involving interests which have been protected at common law. It is argued that the CLC is being used as guise to promote a distinctive ideology, focused on a set of court-centred norms. This article questions the constitutional legitimacy of this development, which privileges certain norms whilst marginalising others, especially those conducive to the interests of the poor and equal citizenship.
‘A leap forward’? Critiquing the criminalisation of domestic abuse in Northern Ireland
Authors: Killean Rachel
Published: July 2021

Following in the footsteps of other jurisdictions across the UK and Republic of Ireland, Northern Ireland is currently taking steps to criminalise ‘domestic abuse’. The proposed offence is strongly influenced by research into ‘coercive control’, a framing popularised by Evan Stark that captures both physical and nonphysical forms of abuse. In this article, I introduce the Northern Ireland Domestic Abuse and Family Proceedings Bill, before analysing its likely impacts on victim-survivors. To do so, I draw from three key critiques of criminalisation that have emerged from both reformist and anti-carceral feminist scholarship: first, that implementation will pose practical challenges; second, that criminalisation will result in a range of unintended harms; and, third, that criminalisation alone is an ineffective response to domestic abuse. In light of these critiques, I argue for a more holistic response, which considers the underlying social structures and dynamics that contextualise the phenomenon of domestic abuse.
Book review
Authors: Ó Néill Clayton
Published: July 2021

N/A
Lord Kerr of Tonaghmore
Authors: Dickson Brice
Published: July 2021

A tribute to Lord Kerr of Tonaghmore, former Supreme Court Justice and Lord Chief Justice of Northern Ireland.
Lord Kerr of Tonaghmore
Authors: Morgan Sir Declan
Published: July 2021

A tribute to Lord Kerr of Tonaghmore, former Supreme Court Justice and Lord Chief Justice of Northern Ireland.
Ética como eslabón del pensamiento estratégico en sociedades contemporáneas
Authors: Diamela Nava
Published: July 2021

El propósito del presente artículo es analizar la ética como eslabón del pensamiento estratégico en sociedades contemporáneas, donde las mismas se encuentran en una época de cambios acelerados, asimismo, la complejidad en cuanto a las condiciones del entorno competitivo actual que enfrentan las organizaciones en las  sociedades contemporáneas, exige  una base científica, que tenga como fundamentos esenciales, el carácter sistémico, proactivo, ético, estratégico, entre otros, mediante las distintas tipologías coherentes como un proceso de razonamiento a través del pensamiento estratégico. Por otra parte, la ética  es la base para cualquier iniciativa, para lograr una transformación humanista que permita un mejor desarrollo productivo y exitoso. Desarrollándose bajo un enfoque interpretativo de tipo descriptivo y diseño no experimental a través del análisis de documentos. Concluyendo el actuar  y pensar de manera congruente a través de la ética, en las organizaciones de la sociedad contemporánea  se considera como una nueva forma de rentabilidad para la misma, aunque no solo basta con ser rentable desde el punto de vista económico y ambiental, sino también por el aporte que se haga en las comunidades porque sus acciones repercuten en la sociedad y sus fines son sociales.
Administración financiera como disciplina en organizaciones empresariales
Authors: Mejía Norberto
Published: July 2021

La presenta investigación tuvo como objetivo principal analizar la administración financiera como disciplina en organizaciones empresariales. Teóricamente se sustentó con autores en el área de administración financiera, tales como: Robles (2012), Gitman y Zutter (2012), Olsina (2009), entre otros. Metodológicamente, la investigación fue de tipo descriptiva, con un diseño no experimental, transeccional descriptiva y de campo. La población estuvo conformada por 18 unidades informantes adscritos al  departamento de gerencia financiera de las empresas. Para la recolección de datos se utilizó un cuestionario conformado por cincuenta y cuatro (54) preguntas de escala tipo Likert, el cual fue validado por cinco (5) expertos y la confiabilidad determinada por el coeficiente Alpha de Cronbach con un valor de 0,86. En relación a los resultados obtenidos, se estableció que la variable administración financiera posee un nivel de muy alto cumplimiento en el baremo determinado. Los resultados generados de las dimensiones que conforman la variable administración financiera establecen que las empresas aplican una serie de acciones, las cuales están enfocadas en alcanzar un propósito financiero específico, optimizando los recursos financieros para el logro de los objetivos de la organización con mayor eficiencia y rentabilidad.