bluuebunny/crossref_metadata_2025 huggingface dataset:
14. Key elements of the patent system
Authors: Lloyd Ian J.
Published: September 2020

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.
5. Unregistered land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter continues the discussion of the planned purchase of 2 Trant Way, which has an unregistered title, by Barbara Bell. It looks at what Barbara (or, more likely, her professional adviser) will have to do, either before or after exchanging contracts, to ensure that it is safe for her to buy the property. Barbara will need to check two things about the property she is planning to buy. She needs to ensure that: Victoria Ventnor, the vendor, owns the property she is offering to sell; and the property is free from any encumbrances (third-party rights) other than those which have already been revealed. The chapter explains how these two aspects of proving title are dealt with in the unregistered system.
19. Proprietary estoppel
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the doctrine of proprietary estoppel. It discusses the nature of proprietary estoppel; the expectations of future rights; the criteria for proprietary estoppel; essential elements; satisfying the equity; the nature of the equity arising from estoppel; and the relationship between proprietary estoppel and constructive trusts.
1. Introduction to Employment Law
Authors: Cabrelli David
Published: September 2020

This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of this area of law and the arguments in favour of the introduction and preservation of such laws. It also addresses a central area of controversy, which is whether such laws stifle or stimulate economic growth. The final issue for discussion is the potential impact of technology-driven workplace changes on employment laws, e.g. automation, AI, etc.
2. Sources and Institutions of Employment Law
Authors: Cabrelli David
Published: September 2020

This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.
9. Work–Life Balance
Authors: Cabrelli David
Published: September 2020

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.
19. Transfers of Undertakings
Authors: Cabrelli David
Published: September 2020

This chapter examines the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It first assesses the legal position prior to the introduction of the European Acquired Rights Directive 2001, which is the source of TUPE. It then analyses the principal implications of TUPE and its provisions. It considers the circumstances when TUPE will apply and the extent to which TUPE has been interpreted progressively to include economic transactions and arrangements which transcend the transfer of an organization’s business and assets. The chapter also examines the impact of TUPE on the contract of employment, and discusses the information and consultation obligations imposed on transferors.
20. Collective Redundancies
Authors: Cabrelli David
Published: September 2020

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.
15. Equality before the law—the right to a fair trial
Authors: Smith Rhona K. M.
Published: September 2020

This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.
Borkowski's Textbook on Roman Law
Authors: du Plessis Paul J.
Published: September 2020

Course-focused and comprehensive, Borkowski’s Textbook on Roman Law provide an accessible overview of the key areas on the law curriculum. Borkowski’s Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the sixth edition, the text has been comprehensively reviewed and references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added where these illuminate legal doctrine. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law have been included to reflect the most recent developments in the field.
1. Introduction: Rome—A Historical Sketch
Authors: du Plessis Paul J.
Published: September 2020

This chapter provides a historical sketch of Rome. It has been written to provide a contextual basis for the study of Roman private law. The history of Rome is traditionally divided into three main periods based on the dominant constitutional structure in Roman society during these three periods. These are the Monarchy (eighth century bc–510 bc), Republic (509–27 bc), and Empire (27 bc–ad 565). Scholars of Roman law tend to refine this division even further. Thus, to the scholar of Roman law, the period from the founding of Rome in the eighth century bc–c. 250 bc is regarded as the ‘archaic’ period of Roman law. The period thereafter, from c. 250 bc–27 bc, is generally described as the ‘pre-classical period’ of Roman law.For scholars of Roman law, the ‘classical’ period, c. first three centuries AD, and the Justinianic period, c. sixth century AD, are the most important, owing to the compilation of ‘classical’ Roman law by order the Byzantine Emperor, Justinian, in the sixth century.
3. Roman Litigation
Authors: du Plessis Paul J.
Published: September 2020

This chapter begins with a discussion of the perils of litigation in early Rome. It then describes the legis actiones, the five early forms of action in Roman law. All the legis actiones were characterized by strict formalism and were only available to Roman citizens. The actions-at-law were the foundation of early civil procedure. However, the excessive formality, archaic nature, and limited effectiveness of the legis actiones made it unsuitable in the long term for a rapidly expanding, economically vibrant Rome. The system fell largely into disuse in the late Republic and was formally abolished by Augustus in 17 BC, by which time the formulary procedure had long become established. The formulary system remained the operative system of civil procedure well into the Empire but was later abolished in favour of the cognitio procedure; its operation is considered in its developed form in the later Empire.
Intestacy
Authors: Sloan Brian
Published: September 2020

This chapter deals with the law of intestacy. The first section consists of an introduction to intestacy, dealing with the basic terms and rules, the incidence of intestacy, and the evolution and theoretical basis of the law. The second section gives a more detailed account of the current law. Considerable reference is made to relevant work of the Law Commission, particularly Intestacy and Family Provision Claims on Death (Law Com. No. 331, 2011), which was preceded by Consultation Paper 191 (2009) and sought to modernize the law of intestacy in light of contemporary social conditions. The Commission’s suggestions were largely enacted in the Inheritance and Trustees’ Powers Act 2014.
Making a Will: Capacity and Intention
Authors: Sloan Brian
Published: September 2020

This chapter discusses the capacity and intention required to make a valid will. To have capacity means that a person is legally competent to make a will. To be competent, the testator must have attained the required minimum age and must possess the necessary level of mental competence. A will is also invalid unless the testator had the intention to make it—he must have the animus testandi when he executes the will. More specifically, the requirement is that the testator must have intended that his wishes—as expressed in the appropriate form—should take effect on his death. It follows that these wishes must be entirely the result of his volition: the testator must know and approve of the contents of his will. Hence animus testandi can be vitiated by factors such as fraud, mistake, undue influence, or failure to understand fully the dispositions in the will.
Construction of Wills
Authors: Sloan Brian
Published: September 2020

This chapter discusses the construction of wills. The law of construction is a mixture of general principles and specific rules, developed mainly by the courts, but with some help from Parliament. To some extent, the general principles of construction can be regarded as broad guidelines to the court rather than as strictly binding. Consequently, some judges will feel that they have room for the exercise of a degree of discretion in achieving the result they think is merited on the facts of the case. Moreover, there is no universal agreement as to what constitutes a principle or a rule in this context. The remainder of the chapter covers the specific rules of construction and extrinsic evidence.
6. The royal prerogative and constitutional conventions
Authors: Stanton John , Prescott Craig
Published: September 2020

This chapter explores the historical, legal, and political nature of the Crown and the royal prerogative. The rule of law requires that the government act according to the law, which means that the powers of the government must be derived from the law. However, within the UK Constitution, some powers of the government stem from the royal prerogative, as recognized by the common law. The concepts of the Crown and the royal prerogative mean that although the Queen is Head of State, it is generally the ministers who form the government that exercise the prerogative powers of the Crown. For this reason, many prerogative powers are often referred to as the ‘ministerial prerogatives’, and the few prerogative powers still exercised personally by the monarch, are referred to as the ‘personal prerogatives’.
5. The doctrine of judicial precedent
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie , Kotecha Birju
Published: September 2020

This chapter considers an essential source of law in the English legal system: judicial precedent (or ‘case law’). This chapter discusses the rules and principles of the doctrine of judicial precedent, including how precedents are created, developed, and followed. The chapter considers the rule that forms the precedent—the ratio decidendi, or the reason for the decision—as well as the importance of other judicial statements that do not form part of those reasons—the obiter dicta. The principle of binding precedent is captured by the expression ‘stare decisis’ (stand by what is decided) and binding precedent relies on a hierarchy of courts. The hierarchy can help to establish whether a particular ratio decidendi binds a particular court and whether an appellate court is bound by its own previous precedents. The chapter is packed with case law examples and it also highlights the role of non-binding precedent which may still be deemed persuasive for a particular court. Again, the relationship between the English courts and the Court of Justice of the European Union (EU) and the European Court of Human Rights (ECtHR) is considered. Finally, the chapter considers how a court may avoid following a particular precedent by the process of overruling, distinguishing, or reversing.
9. The legal profession
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie , Kotecha Birju
Published: September 2020

This chapter considers the roles of solicitors and barristers and other legal professionals such as Chartered Legal Executives and paralegals. It outlines the basic business models of legal practice, including alternative business structures (ABS) and the constraints on such organisations. It discusses the rules affecting practice as a solicitor or a barrister and outlines the regulatory organisations overseeing solicitors and barristers. It explains the routes to qualification for barristers: what pupillage is, the need for barristers to be members of an Inn of Court, and the route for solicitors via a training contract. The debate as to whether the two main branches of the legal profession should be fused into one is set out. The most recent reforms to legal education are signposted.
12. The criminal process: the suspect and the police
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie , Kotecha Birju
Published: September 2020

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects under the Police and Criminal Evidence Act (PACE) Codes of Practice. The chapter concludes with a discussion of the factors that are considered when deciding whether to charge a suspect with a criminal offence.
2. The Board
Authors: Davies Paul
Published: September 2020

This chapter deals with the board. It analyses the rationales, within different types of company, for the division of powers between (a) the shareholders and the board, and (b) the board and the senior management of the company. The second part of the chapter shows how the rules on the composition of the board (mainly to be found in the Corporate Governance Code) and the directors’ statutory core duty of loyalty fashion the accountability of the board. That accountability is primarily to the shareholders, but non-shareholder interests are recognised, in different ways, in both the Code and the statutory duty.
4. Markets and The Shareholders As A Class
Authors: Davies Paul
Published: September 2020

This chapter analyses the way in which company law shapes two important markets—the market for executives and the market for corporate control—in the hope of addressing the agency problems identified in Chapter 1. Both sets of rules are controversial. The rules on executive pay make use of independent directors on remuneration committees and various forms of ‘say on pay’ to structure executive remuneration. But they have been criticised for not robustly linking pay to performance and for setting pay at socially unacceptable levels. The rules on the market for corporate control, set out mainly in the Takeover Code, contain a very strong version of the non-frustration rule, making it difficult for incumbent managers to defend themselves against unwelcome bidders. Here, it is heavily debated whether the rule promotes managerial efficiency or encourages ‘short termism’.
5. Majority and Minority Shareholders
Authors: Davies Paul
Published: September 2020

Where a company has a controlling or a small group of controlling shareholders, the non-controlling shareholders are at risk that the controllers will extract private benefits of control at the expense of the non-controllers. UK company law contains a wide range of techniques for addressing this issue, some more effective than others. This chapter begins by examining the various ways in which well-advised investors can contract for protection before they enter the company and how the law protects the agreements reached. The second part discusses rights to exit the company upon the occurrence of certain events. The third part discusses disclosure rights, designed to bring self-dealing transactions into the open. The fourth focuses on ways of structuring the board or shareholder body when the decision before it carries a high risk of self-dealing. The final part considers cases where the courts review the substantive fairness of the controllers’ conduct, notably, but not only, the provisions on ‘unfair prejudice.
8. Liability and Enforcement
Authors: Davies Paul
Published: September 2020

The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the sanctions available be effective. Otherwise, the substantive law may be ineffective in practice.This chapter examines these issues in relation to companies and individuals connected to companies in three contexts: civil law (mainly contract and tort), criminal law, and regulatory rules. Although much of the background law is of general application, it applies in a particular way to companies and individuals engaged in corporate activities.
10. Implied Terms
Authors: McKendrick Ewan
Published: September 2020

This chapter discusses implied terms. Terms may be implied into contracts from three principal sources: statute, custom, and the courts. Parliament has, on a number of occasions, implied terms into contracts. The precise reason for the implication of the term depends upon the particular statute. It may be to give effect to the presumed intention of the parties; it may be to reduce uncertainty by enacting a default rule out of which the parties can contract if they do not like the term that Parliament has seen fit to imply; or it may be to protect one party to the transaction from the superior bargaining power of the other. Terms can also be implied into contracts by custom where the custom is certain, reasonable, and notorious. Customs and usages are an important source of obligations in commercial contracts. Terms implied by the courts can be divided into two groups, namely terms implied in fact and terms implied in law. A term is implied in fact when it is implied into the contract in order to give effect to what is deemed by the court to be the unexpressed intention of the parties and is implied because it is necessary to make the contract work. Terms implied in law ‘are those terms that are consistently implied into all contracts of a particular type because of the nature of the contract, rather than the supposed intentions of the parties’.
11. The Interpretation of Contracts
Authors: McKendrick Ewan
Published: September 2020

This chapter focuses on the principles applied by the courts when interpreting contracts, as set out by the House of Lords in Investors Compensation Scheme Ltd v. West Bromwich Building Society and the Supreme Court in Arnold v. Britton and Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction.
12. Boilerplate Clauses
Authors: McKendrick Ewan
Published: September 2020

This chapter examines some standard clauses found in commercial contracts today (often known as ‘boilerplate clauses’). The focus is on commercial contracts and terms that will, in all probability, have been drafted by lawyers. The discussions cover general clauses, retention of title clauses, price escalation clauses, interest, force majeure clauses, choice of law clauses, arbitration clauses, jurisdiction clauses, hardship clauses, entire agreement clauses, termination clauses, assignment, and exclusion and limitation clauses.
13. Exclusion Clauses
Authors: McKendrick Ewan
Published: September 2020

This chapter discusses one particular type of boilerplate clause, namely the exclusion or limitation clause. The chapter examines the role and function of exclusion and limitation clauses in modern commercial contracts. In order to perform its function an exclusion or limitation clause must (i) be validly incorporated into the contract, (ii) cover the loss that has been suffered, and (iii) survive scrutiny under the Unfair Contract Terms Act 1977. Difficult interpretative issues can arise where one party seeks to exclude liability in respect of its own negligence or exclude liability for fundamental breach. The Unfair Contract Terms Act 1977 applies a reasonableness test to a number of exclusion or limitation clauses. The 1977 Act is also examined, with particular reference to the types of clause that fall within its scope.
24. Specific Performance
Authors: McKendrick Ewan
Published: September 2020

Specific performance is a remedy which orders the defendant to perform his obligations under the contract. It is an equitable remedy which is available in the discretion of the court. This chapter examines the circumstances in which the courts will make a specific performance order. Particular attention is given to the decision of the House of Lords in Co-operative Insurance Society Ltd v. Argyll Stores (Holdings) Ltd [1998] AC 1. It also considers the question whether English law should develop a more liberal approach to the availability of specific performance and recognize the existence of a general right to specific performance.
3. The Institutions
Authors: Craig Paul , Búrca Gráinne de
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. There are seven principal institutions listed in Article 13 of the Treaty on European Union entrusted with carrying out the tasks of the Union: the European Parliament, the European Council, the Council, the Commission, the Court of Justice of the European Union, the European Central Bank, and the Court of Auditors. This chapter considers their respective roles and the way in which they interrelate, and also looks at other important institutions such as the Economic and Social Committee, the Committee of the Regions, and agencies. The UK version contains a further section analysing the relation between the UK and the institutions post-Brexit.
6. Legislation and Decision-Making
Authors: Craig Paul , de Búrca Gráinne
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.
7. Decision-Making and New Forms of Governance
Authors: Craig Paul , Búrca Gráinne de
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter introduces the debate over new modes of decision-making and governance in the EU, and provides an account of the apparent shift towards greater use of these over time. The language of ‘new’ forms of governance in the EU refers to the move away from reliance on hierarchical modes towards more flexible modes as the preferred method of governing. A number of examples of new governance instruments and methods are provided, in particular the ‘new approach to harmonization’ and the ‘open method of coordination’. A number of other EU governance reform initiatives related to the new governance debate are also discussed, such as the subsidiarity and proportionality principles, the ‘better regulation’ initiative, and the Commission White Paper on Governance and its follow-up. The UK version contains a further section analysing issues of new governance in relation to the UK post-Brexit.
10. The Relationship Between EU Law and National Law: Supremacy
Authors: Craig Paul , Búrca Gráinne de
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.
19. Free Movement of Goods: Duties, Charges, and Taxes
Authors: Craig Paul , de Búrca Gráinne
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
27. Competition Law: Article 101
Authors: Craig Paul , Búrca Gráinne de
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.
Absorption of foreign knowledge: the impact of immigrants on firm productivity
Authors: Bitzer Jürgen , Gören Erkan , Kruse-Becher Sanne
Published: September 2020

What role do immigrants play in firms’ ability to absorb and apply foreign knowledge? Based on a matched employer–employee dataset from Danish manufacturing firms over the period 2001–2011, this study examines the impact of foreign knowledge accessible by firms’ immigrant employees on firm-level total factor productivity (TFP). We construct various firm-specific absorbable foreign knowledge measures that link firms’ immigrant employees to the technological knowledge base of their country of origin. The empirical results suggest that firms employing immigrant employees have higher firm-level TFP outcomes and a higher probability of new firm-level patent applications. The average productivity gain associated with the hiring of one immigrant employee is about 1.5% in the year following the firm’s hiring decision. Additional results show that the estimated productivity increase varies with the level of education and the occupational positions of the immigrant employees. The results are robust to the inclusion of a large range of firm-specific controls and various sensitivity checks.
A framework to investigate fishery dynamics and species size and age spatio-temporal distribution patterns based on daily resolution data: a case study using Northeast Atlantic horse mackerel
Authors: Azevedo Manuela , Silva Cristina
Published: September 2020

In this study, we present an innovative framework to obtain essential biological knowledge on exploited populations, based on fine scale spatio-temporal resolution in biological and fishery data. The framework uses species sales notes by commercial size category, the length and age composition of commercial sizes from onshore sampling and the fishing ground and fishing effort from vessel monitoring system records. We apply the framework to horse mackerel (Trachurus trachurus), one of the most important commercially exploited stocks throughout the Northeast Atlantic, using data collected during 2017 in Portuguese waters. We show that high-resolution mapping of the species annual landings by commercial size category and age group can already reveal different distribution patterns by life stage. We further examined, with daily resolution, the variability in the proportion of adult fish by trip, finding differences along the coast and a seasonal pattern indicating that spawning occurred mainly over the slope and adult horse mackerel dominated in the South zone over the year. The framework can be applied to an extended stock area and for several years to investigate migration patterns across areas as well as intra- and inter-annual changes in the species overall distribution. In addition, its application on a trip basis for the species ensemble landed can provide overriding information for the accuracy of mixed fisheries models and management.
Dynamics of Pneumococcal Carriage in Adults: A New Look at an Old Paradigm
Authors: Almeida Sónia T , Paulo Ana Cristina , Froes Filipe , de Lencastre Hermínia , Sá-Leão Raquel
Published: September 2020

Background

Limited information is available on pneumococcal colonization among adults. We studied pneumococcal carriage dynamics in healthy adults using high-sensitivity approaches.

Methods

Eighty-seven adults (25–50 years old) were followed for 6 months in Portugal. Nasopharyngeal, oropharyngeal, and saliva samples were obtained monthly; pneumococcal carriers were also sampled weekly. Carriage was investigated by quantitative polymerase chain reaction (targeting lytA and piaB) and culture. Positive samples were serotyped.

Results

Approximately 20% of the adults were intermittent carriers; 10% were persistent carriers (>4 months). Pneumococcal acquisition and clearance rates were 16.5 (95% confidence interval [CI], 11.2–24.2) and 95.9 (95% CI, 62.3–145.0) cases/1000 person-weeks, respectively. Living with children increased pneumococcal acquisition (hazard ratio, 9.7 [95% CI, 2.6–20.5]; P < .001). Median duration of carriage was 7 weeks and did not depend on regular contact with children.

Conclusions

The pneumococcal carrier state in healthy adults is more dynamic than generally assumed: Acquisition is frequent and duration of carriage is often long. This suggests that some adults may act as reservoirs of pneumococci and hence, depending on the social structure of a community, the magnitude of herd effects potentially attainable through children vaccination may vary. These findings are important when designing strategies to prevent pneumococcal disease in adults.
Determination of Free Bisphenol A in Commercially Packaged Ready-to-Consume Carbonated/Non-Carbonated and Non-Alcoholic Beverages with Immunoaffinity Column Purification and UPLC with Fluorescence Detector, First Action 2019.07
Authors: Liu Jianmin , Yu Justine , Toth Danrey , Yang Jinchuan , Chen Lingyun
Published: September 2020

Background

Bisphenol A (BPA) is a chemical of concern in the food industry. There is a need for a sensitive analytical method for the determination of BPA in beverages.

Objective

To develop a method for the determination of BPA in carbonated, non-carbonated, and non-alcoholic drinks.

Method

Replicates of a carbonated soft drink, orange juice with pulp, and a dairy-based coffee drink at spiking levels ranging from 0 to 32 ng/mL were analyzed. The carbonated soft drink was adjusted to pH 7.4 and diluted with phosphate buffered saline (PBS). The orange juice with pulp and the dairy-based coffee drink were extracted with methanol and sodium chloride, then diluted with PBS.

Results

LOD ranged from 0.06 to 0.08 ng/mL and LOQ ranged from 0.10 to 0.14 ng/mL. Recoveries of BPA from all sample types at 1 to 16 ng/mL spiked levels were between 93 and 100%; relative standard deviation (RSDr, %) ranged from 0.71 to 8.38% depending on matrix and spiking levels.

Conclusions

The results indicate that the method for determination of BPA in carbonated, non-carbonated, and non-alcoholic drinks is reproducible and meets AOAC Official MethodSM performance criteria.

Highlights

The test portions were filtered and the filtrates applied to an immunoaffinity column (IAC) containing antibodies specific for BPA. After the column was washed with water, BPA was eluted from the IAC with 80% methanol and the eluate was directly injected, or concentrated and injected, into ultra-performance liquid chromatography (UPLC) with fluorescence detector (FLD) for separation, detection, and quantitation.
Can a Recently Developed Pig Model Be Used for In Vivo Metabolism Studies of 7-Azaindole-Derived Synthetic Cannabinoids? A Study Using 5F-MDMB-P7AICA
Authors: Doerr Adrian A , Nordmeier Frederike , Walle Nadja , Laschke Matthias W , Menger Michael D , Schmidt Peter H , Schaefer Nadine , Meyer Markus R
Published: September 2020

New psychoactive substances (NPS), especially synthetic cannabinoids (SC) remain a public health concern. Due to ethical reasons, systematic controlled human studies to elucidate their toxicodynamics and/or toxicokinetics are usually not possible. However, such knowledge is necessary, for example, for determination of screening targets and interpretation of clinical and forensic toxicological data. In the present study, the feasibility of the pig model as an alternative for human in vivo metabolism studies of SC was investigated. For this purpose, the metabolic pattern of the SC methyl-2-{[1-(5-fluoropentyl)-1H-pyrrolo[2,3-b]pyridine-3-carbonyl]amino}-3,3-dimethylbutanoate (5F-MDMB-P7AICA) was elucidated in pig urine following inhalative administration (dosage: 200 µg/kg of body weight). The results were compared with human and pig liver microsomal assays and literature. In addition, different incubations with isolated cytochrome-P450 (CYP) monooxygenases were conducted to identify the involved isozymes. In total, nine phase I and three phase II metabolites were identified in pig urine. The most abundant reactions were ester hydrolysis, ester hydrolysis combined with glucuronidation and ester hydrolysis combined with hydroxylation at the tert-butyl moiety. The parent compound was only found up to 1 h after administration in pig urine. The metabolite formed after hydroxylation and glucuronidation was detectable for 2 h, the one formed after ester hydrolyzation and defluorination for 4 h after administration. All other metabolites were detected during the whole sampling time. The most abundant metabolites were also detected using both microsomal incubations and monooxygenase screenings revealed that CYP3A4 catalyzed most reactions. Finally, pig data showed to be in line with published human data. To conclude, the main metabolites recommended in previous studies as urinary targets were confirmed by using pig urine. The used pig model seems therefore to be a suitable alternative for in vivo metabolism studies of 7-azaindole-derived SC.
A rare form of Mayer–Rokitansky–Küster–Hauser syndrome associated with ovarian endometrioma: a case report
Authors: Naem Antoine , Shamandi Anwar , AL-Kurdy Bashar
Published: September 2020

Mayer–Rokitansky–Küster–Hauser syndrome is a congenital malformation that affects the uterus and upper two-thirds of the vagina. Its prevalence is estimated to be 1 in 4500 live births. We present the case of a 19-year-old patient that presented with primary amenorrhea and cyclic abdominal pain. Upon the exploratory laparoscopy, a right rudimentary uterine horn and left unicornuate uterus were found. These two entities were completely separated from each other and from the vaginal vault. In addition, a left ovarian endometrioma was also found. The unicornuate uterus was resected with an intent to resolve the pain. Endometriosis is known to raise the risk of ovarian cancer by 50%. Therefore, a left salpingo-oophorectomy was performed to minimize the risk of ovarian cancer and endometriosis recurrence. In conclusion, ovarian endometriomas should be suspected when obstructive malformations are present with active endometrial remnants. These lesions should be managed appropriately to optimize the postoperative outcomes.
Palladium nanoplates scotch breast cancer lung metastasis by constraining epithelial-mesenchymal transition
Authors: Wang Shunhao , Li Jingchao , Chen Mei , Ren Liting , Feng Wenya , Xu Lining , Chen Xiaolan , Xia Tian , Zheng Nanfeng , Liu Sijin
Published: September 2020

Metastasis accounts for the majority of cancer deaths in many tumor types including breast cancer. Epithelial-mesenchymal transition (EMT) is the driving force for the occurrence and progression of metastasis, however, no targeted strategies to block the EMT program are currently available to combat metastasis. Diverse engineered nanomaterials (ENMs) have been reported to exert promising anti-cancer effects, however, no ENMs have been designed to target EMT. Palladium (Pd) nanomaterials, a type of ENM, have received substantial attention in nanomedicine due to their favorable photothermal performance for cancer therapeutics. Herein, Pd nanoplates (PdPL) were found to be preferentially biodistributed to both primary tumors and metastatic tumors. Importantly, PdPL showed a significant inhibition of lung metastasis with and without near-infrared (NIR) irradiation. Mechanistic investigations revealed that EMT was significantly compromised in breast cancer cells upon the PdPL treatment, which was partially due to the inhibition of the transforming growth factor-beta (TGF-β) signaling. Strikingly, the PdPL was found to directly interact with TGF-β proteins to diminish TGF-β functions in activating its downstream signaling, as evidenced by the reduced phosphorylation of Smad2. Notably, TGF-β-independent pathways were also involved in undermining EMT and other important biological processes that are necessary for metastasis. Additionally, NIR irradiation elicited synergistic effects on PdPL-induced inhibition of primary tumors and metastasis. In summary, these results revealed that the PdPL remarkably curbed metastasis by inhibiting EMT signaling, thereby indicating the promising potential of PdPL as a therapeutic agent for treating breast cancer metastasis.
Efficient network immunization under limited knowledge
Authors: Liu Yangyang , Sanhedrai Hillel , Dong GaoGao , Shekhtman Louis M , Wang Fan , Buldyrev Sergey V , Havlin Shlomo
Published: September 2020

Targeted immunization of centralized nodes in large-scale networks has attracted significant attention. However, in real-world scenarios, knowledge and observations of the network may be limited, thereby precluding a full assessment of the optimal nodes to immunize (or quarantine) in order to avoid epidemic spreading such as that of the current coronavirus disease (COVID-19) epidemic. Here, we study a novel immunization strategy where only n nodes are observed at a time and the most central among these n nodes is immunized. This process can globally immunize a network. We find that even for small n (≈10) there is significant improvement in the immunization (quarantine), which is very close to the levels of immunization with full knowledge. We develop an analytical framework for our method and determine the critical percolation threshold pc and the size of the giant component P∞ for networks with arbitrary degree distributions P(k). In the limit of n → ∞ we recover prior work on targeted immunization, whereas for n = 1 we recover the known case of random immunization. Between these two extremes, we observe that, as n increases, pc increases quickly towards its optimal value under targeted immunization with complete information. In particular, we find a new general scaling relationship between |pc(∞) − pc(n)| and n as |pc(∞) − pc(n)| ∼ n−1exp(−αn). For scale-free (SF) networks, where P(k) ∼ k−γ, 2 < γ < 3, we find that pc has a transition from zero to nonzero when n increases from n = 1 to O(log N) (where N is the size of the network). Thus, for SF networks, having knowledge of  ≈log N nodes and immunizing the most optimal among them can dramatically reduce epidemic spreading. We also demonstrate our limited knowledge immunization strategy on several real-world networks and confirm that in these real networks, pc increases significantly even for small n.
Conscience and Cakes: Reaffirming the Distinction Between Institutional Duties and Individual Rights
Authors: van der Tol Mariëtta D C
Published: September 2020

This article suggests that there may be scope to accommodate individual conscience whilst holding institutions to their full civil duties by making a structural distinction between institutions and individual members and employees. This distinction might circumvent the paralysing contrasts between more abstract human rights categories. This article approaches the question of conscience through the lens of a Dutch legislation on the position of wedding officials and in particular through a thorough critique of it by the Netherlands Council of State. The Council’s critique illuminates two important distinctions, first, between institutions and individuals and, second, between conscience and behaviour. These findings are potentially relevant in cases on access of lesbian, gay, and bisexual (LGB) people to services provided by private companies. For example, may photographers and videographers deny services to same-sex couples? May a bakery decline to supply wedding cakes? May a bakery refuse to create a custom-made cake for an LGB event? These questions arose, respectively, in the US cases Elane Photography, Telescope, and Masterpiece cases as well as the British Ashers Bakery case. And, should a Christian law school’s accreditation be rejected when a code of conduct impairs access of LGB students, eg in the Canadian Trinity Western cases?