bluuebunny/crossref_metadata_2025 huggingface dataset:
RETRO RUNNING – A TREND IN THE PHYSICAL TRAINING OF THE MILITARY
Authors: BĂIȚAN George-Florin
Published: April 2022

Running is one of the simplest and most practical ways to keep your body fit. Retro running is an excellent way of training that must be introduced in the process of systematic physical training of the military, being remarkable for the development of the conditioned and coordinative abilities necessary to improve their physical performance. It will develop the cardiovascular system, tone the muscles and strengthen the bones and ligaments throughout the body.
Determination of Quality Parameters and Sensory Attributes of ‘Jaffa’ Oranges Irradiated as Postharvest Quarantine Treatment Throughout Long-Term Cold Storage
Authors: ÇETİNKAYA Nurcan , AYLANGAN Ayça , UYĞUN Mine , İÇ Erhan
Published: April 2022

The Mediterranean fruit fly (Ceratitis capitata) is one of the major problems in the citrus producing and trading countries including Turkey. Commercial application of radiation processing can be the alternative and effective solution to overcome this problem. The objective of the present study was the determination the sensory attributes, quality parameters and also cold storage shelf-life of ‘Jaffa’ oranges (Citrus sinensis (L) Osbeck) irradiated (0, 0.5, 1.0 and 1.5 kGy) as considering postharvest quarantine treatment for the Mediterranean fruit fly (Ceratitis capitata). The quality parameters of the control and irradiated oranges were determined in terms of weight loss, pH, titratable acidity, total soluble solids, reducing sugars, vitamin C content, total carotenoids, pectin, color of fruit during cold storage at 4 ± 0.1 oC and 85 - 90 % relative humidity (RH) on the 0, 15, 30 and 45 d of storage. Obtained results showed that, low dose irradiation is applicable regarding as other significant quality parameters of ‘Jaffa’ oranges such as vitamin C, total carotenoids, invert sugars, pectin, weight loss, pH, acidity and total soluble solids did not affect consumption and commercial value of ‘Jaffa’ sweet oranges up to 45 d of storage at 4 oC. According to overall sensory attributes, irradiated fruit were still acceptable as judged by panelists and ≤1.0 kGy irradiation dose more suitable for keeping important attributes of processed ‘Jaffa’ orange fruit.
Codigestão de lodo de latícinio e leite de descarte para geração de energia por biogás
Authors: Costanzi Ricardo , Cruz Vinícius , Vaz Letícia , Zenatti Dilcemara , De Gois Eduardo , Junior Orlando
Published: April 2022

Esta pesquisa teve como objetivo avaliar o potencial de geração de biogás utilizando resíduos orgânicos gerados em indústria de laticínios: lodo flotado após centrifugação e o leite de descarte. O biogás é gerado na digestão anaeróbia de resíduos orgânicos e mostra-se como uma alternativa sustentável de disposição e tratamento de resíduos gerados nos processos industriais. O estudo da geração de biogás foi realizado em 14 biodigestores de bancada construídos em garrafas pet e seringa de 60 mL para o armazenamento do biogás gerado ao longo do tempo. No ensaio do delineamento experimental as proporções dos resíduos de laticínios em cada biodigestor foram delimitadas pelo método do delineamento composto central rotacional (DCCR) e o inóculo foi adicionado na proporção de 30% do volume ocupado pelos resíduos de laticínios. No ensaio da digestão de lodo e inóculo, os biodigestores foram limitados em 10% de sólidos totais. Os parâmetros analisados foram: pH, sólidos totais, sólidos voláteis e fixos, produção e análise qualitativa do biogás. Como principais resultados, obteve-se uma produtividade de biogás de 49,62 mL g-1 de sólidos voláteis inseridos no biodigestor 5 e 46,77 mL g-1 de sólidos voláteis no biodigestor. A análise qualitativa do biogás resultou em uma concentração média de 60% de CH4 contido no biogás produzido.
Comparative analysis of the lipid profile before and after application of the nursing strategy
Authors: Vega Miryam Patricia Loor , Ortega Maria Augusta Quijije , Gutierrez Daylin Fleitas , Cedeño Mirella Dolores
Published: April 2022

The lipid profile is a laboratory test that determines the levels of cholesterol and triglycerides in the body. The objective of the research is to compare the current lipid profile in relation to the initial result of the participants in the implemented nursing strategy, through laboratory tests to discover the differences and propose improvements in nursing care. It is a qualitative-quantitative, descriptive, and longitudinal study. The sample taken from 87 people; 39 rural and 48 urban patients. The result was that the self-care of people makes it possible to improve health, due to the complications of triglycerides, and nursing interventions focused on health promotion and prevention are relevant by motivating and encouraging patients to carry a healthy lifestyle. healthy life, which promotes balanced diets in fats, carbohydrates, proteins, and sugars, performing physical activity adapted to their daily life rhythms; as well as to carry out routine check-ups to rule out any alteration in the organism that causes the lipid profile to rise.
Swarm optimization based texture classification in extreme scale variations
Authors: Kumar K. Santhosh
Published: April 2022

Texture analysis has remained a remarkably trendsetting and productive field of research in the last two decades. There has been much progress, but the impact of illumination changes on automated texture classification and segmentation has gained very less focus. Research work carried out in the field of texture identification frequently focuses on the identification of textures with intraclass changes including illumination, rotation, viewpoint and small scale variations. Consequently, variations in texture owing to modifications in scale constitute among the ones that are difficult to manage. In this research work, as the first step, the classification of textures due to vast changes in scale is studied. In order to deal with this problem, first the solution is introduced and then the scale changes are reduced based on the predominant patterns in the texture. Inspired by the challenges imposed by this issue, a novel swarm intelligence approach known as Ant Colony Optimization (ACO) algorithm is introduced for modifying the components in the hidden layers used during the network training, for the extraction of more useful semantic texture patterns.
Analysis of yogic practices and aerobic exercise on flexibility among children with down syndrome
Authors: Vishnu V. , Rani K. Usha
Published: April 2022

Context: Analysis the impact of Yogic Practices and Aerobic Exercises on Flexibility among children with Down syndrome. Aim: This   study aims to identify the effect of Yogic Practices and Aerobic Exercises on Flexibility among children with Down syndrome. Research Design : Random group design was used as research design. Material and Methods : 30 down syndrome boys age group 12 to 18 years have been selected for as final samples for further data collection process of the study. Subjects for study have been chosen from Anugragha special school Kanyakumari district, Tamil Nadu, India. The subjects were divided into three groups, namely Yogic practice group, Aerobic exercise group, and control group, each group consisting of 10 subjects. The subjects were divided into three groups, namely Yogic practice group, Aerobic exercise group, and control group, each group consisting of 10 subjects. The study was conducted on dependent variables such as flexibility.
Real time COVID-19 facemask detection using deep learning
Authors: Achyutha Prasad N , Hebbale Swaroop , Vani V
Published: April 2022

The COVID-19 pandemic is producing a global health pandemic. According to the World Health Organization (WHO), the utmost effective protection is to wear a face mask in crowded regions/areas. During this pandemic, it is compulsory for every person to wear a mask and maintain social distancing. In the field of Image Processing, Convolutional Neural Networks (CNNs) have risen to prominence as the most common type of image realization/recognition model. Our project's purpose is to research and assess Machine Learning (ML) technologies for identification and recognition of people wearing face masks in any pre-recorded videos, photos, or in actual-time (real- time) circumstances. Our project aims to create a real-time Graphics User Interface based Automated Facial Recognition as well as Mask Detection System. The algorithms used in the proposed methodology are Principal Component Analysis (PCA) and the HAAR Cascade Algorithm. Finally, the result is indicated by a “GREEN” color rectangle box, which would be drawn around the section of the face, which indicates that the person on the camera is wearing a mask, or a “RED” color rectangle box, which indicates that the person on the camera is not wearing a mask. This model achieves 99% accuracy.
Soccer agents’ personal performance marketing model
Authors: Decha Oraphan , Wantayakul Nathayu , Whangmahaporn Benya
Published: April 2022

This study objective was to study the work process and performance of Thai soccer player agents and develop an instrument to measure the characteristics of soccer players agents and develop a guideline to prepare soccer players into soccer agents in Thailand. Data for the work process of football agents were collected from soccer player agents and stakeholders through in-depth interviews and group discussions. Data on the performance of Thai soccer player agents were collected with the Delphi technique and qualitative method from experienced people or experts in the characteristics and marketing services of agents. The study found that regarding soccer player selection of a soccer player agent work process. The selection of soccer players differs according to each organization or company policies. In marketing a soccer player, agents consider the needs of a team or the buyer so that they can present a suitable soccer player. There are 4 capabilities for an agent. They are knowledge, skills, desired capability or behavior, and other characteristics. All these capabilities are required in a soccer player agent for them to be able to support the income and living standard of the soccer player.
Online marketing innovations influencing the satisfaction of purchasing through social media platform
Authors: Techarattanased Nattapong , Sinarkorn Pleumjai
Published: April 2022

This research aimed to study online social media marketing consisting of entertainment, interaction, trendiness, customization, and electronic word of mouth influenced the satisfaction of purchasing through social media platform. The sample group consisted of 400 consumers who has shopped through social media platform, selected from the population using multi-stage sampling method. Data was collected using the generated questionnaires with the validity and reliability tested. The statistics used in the analysis were mean, standard deviation, Pearson correlation coefficient and Multiple regression analysis. The results of the research revealed that the respondents emphasized on entertainment, interaction, trendiness, customization, and word of mouth be able to jointly predict the satisfaction of purchasing products through the social media platforms, which all variables were able to explain the variance of purchase satisfaction through the social media platforms 51.12 percent. The multiple regression coefficients as standard scores, it was found that the highest multiple regression coefficients were interaction (b=0.257), followed by trendiness (b=0.226), electronic word of mouth (b=0.159), and entertainment (b=0.124), respectively.
Genotypic assay to determine some virulence factors of Uropathogenic E. coli (UPEC) isolates
Authors: Al-Dulaimi Tsahel H. , Bunyan Ilham A , Banimuslem Thikra A.
Published: April 2022

A total of 179 urine samples were collected from patients suffering from urinary tract infections were admitted and visit Al-Hilla General Teaching Hospital in Al-Hilla City, during a period from April 2021 to December 2021, from both sex (male and female). Out of 179,123 (68.7%) were positive culture, whereas 56 (31.3%) samples showed no bacterial growth, To confirm the identification of E. coli by use selective media (EMB agar medium, biochemical tests, automated Vitek 2 system and 16s RNA specific primer by the presence of (1492 bp) compared with allelic ladder, it was found that, E. coli were deliberated the main an etiological causes UTI to other types bacteria which constitute 56/123 (45.5%), [45/56 (80.4%) from female and 11/56 (19.6%) from male], while 67/123 (54.4%) were related to other types of bacteria. Molecular detection of some virulence factors genes were studied, out of 56 E. coli isolates, hlyA gene was detected in 21/56 (37.5%) isolates by the presence of (1177 bp) and sat gene was detected in 35/56 (62.5%) isolates by the presence of (410 bp) compared with allelic ladder.
The legal nature of a suspended sentence in the criminal legislation of Russia
Authors: Гета Юлия Ростиславовна
Published: April 2022

В настоящей статье рассматривается сущность условного осуждения и его юридической природы. Анализируется некарательный, предупредительный характер условного осуждения в уголовном законодательстве России, раскрываются особенности трех моделей условного осуждения, которые, по мнению автора, нашли отражение в ст. 73 Уголовного кодекса Российской Федерации. Уделяется значительное внимание вопросам классификации правовых ограничений при условном осуждении и их совершенствованию. Вносятся предложения по повышению эффективности законодательной регламентации условного осуждения.

This article examines the essence of a suspended sentence and its legal nature. The article analyzes the non-punitive, preventive nature of conditional sentences in the criminal legislation of Russia, reveals the features of three models of conditional sentences, which, according to the author, are reflected in Article 73 of the Criminal Code of the Russian Federation. Considerable attention is paid to the classification of legal restrictions on probation and their improvement. Proposals are made to improve the effectiveness of the legislative regulation of conditional sentences.
Ancestralidade africana no Maracatu: um estado da arte
Authors: De Oliveira Marcia Betania , Neto Euclides Flor da Silva
Published: April 2022

Este trabalho aborda o contexto arte e educação. Configura-se dentro de uma prática educativa das manifestações populares artísticos culturais de rua, território marcado por antigas tradições, saberes fazeres seguidos de batuques que se desenrola num verdadeiro cortejo real. Objetiva discutir e mapear a partir do “estado da arte” ou “estado do conhecimento” (FERREIRA, 2002, p. 258) formação e narrativas de ancestralidade africana do Maracatu atravessadas pelos saberes da tradição. A metodologia empregada foi a pesquisa bibliográfica, com destaque para produções escritas ao longo dos últimos cinco anos, dentre elas teses de doutorado, dissertações de mestrado, publicações em periódicos e comunicações em anais de revistas científicas, congressos e seminários. Trata-se de uma breve leitura histórica da construção das identidades culturais das raízes afrodescendentes e de suas memórias, a partir das manifestações locais, rituais, sentidos, diálogos com o corpo, saberes, vivências e aprendizados que envolvem o maracatu. Com a pesquisa realizada pode-se perceber o universo do maracatu na construção de identidades e reconstrução da cultura local, do carnaval de rua, dos blocos carnavalescos, dos brincantes do maracatu, seus discursos, suas falas, sua identidade afrodescendente que contribuem para a preservação de saberes da tradição e fortalecimento da cultura local, propiciando para a comunidade conhecimentos tradicionais e promovendo formas de brincar o carnaval de forma pedagógica e saudável, enaltecendo o potencial transformador do folguedo, no cortejo, coroação da rainha, pertencimento e ancestralidade do povo.
Energie én bezieling
Authors: Van der Zaag Jowien , Körver Sjaak , Walton Martin
Published: April 2022

Het inzetten van eigen terminologie kan het domein van geestelijke zorg verhelderen, zeker in een omgeving van oncologische revalidatie. Deze case study uit het Antoni van Leeuwenhoek-ziekenhuis in Amsterdam, in het kader van het lopende Case Studies Project, laat zien hoe wezenlijk het belang van spirituele zorg is en tot zijn recht komt in een gestructureerd aanbod.
Dynamisch doodsbewustzijn
Authors: Schilderman Hans , Fortuin Nienke
Published: April 2022

De steun aan stervenden vertegenwoordigt een belangrijke prioriteit van geestelijke verzorging en pastoraat. Kennis van en inzicht in verschuivingen in opvattingen over de omgang met de dood helpen pastores, geestelijk verzorgers en vrijwilligers om de terminale zorg af te stemmen op de beleving en verwachtingen van mensen die hun levenseinde zien naderen.
De theodiceevraag in de praktijk
Authors: Pos Sandra
Published: April 2022

Voor de hbo-theoloog is de praktijk de inspiratiebron voor de theologie. De theologische vragen die door de praktijk worden opgeroepen leiden tot theologisch onderzoek en verdieping. Hiermee keer je terug naar de praktijk. De plek waar je werkt, is zo de ruimte waar de theologie tot leven komt.
Biodiversity of Quercus Semecarpifolia (Smith)
Authors: Ram Raja , Srivastav P. , Bhatt M. , Khan M.
Published: April 2022

Quercus semecarpifolia (Smith) serves as a superior food plant of oak tasar silkworm among the other food plants. The seeds (acorn) are damaged by seed borer which creates problem in natural germination. Frequency of nature grown seedling is further decreased by tremendous grazing and heavy lopping so artificial regeneration has to be resorted as an alternative to supplement natural regeneration. Large size seeds collected during the month of June gave better germination (70.00%). Hence, seeds of large size should be collected during June-July just after their ripening for raising nursery for regeneration of Quercus semecarpifolia.
Genetic Diversity Assessment of Underexploited Legume of Mucuna Atropurpurea DC. in Southern Western Ghats, Tamil Nadu
Authors: Kalidass Chinnamadasamy , Mohan V.
Published: April 2022

In the present investigations, Randomly Amplified Polymorphic DNA (RAPD) technique has been used to detect polymorphism of Mucuna atropurpurea DC. in Southern Western Ghats, Tamil Nadu, India. The genomic DNA was extracted from the fresh and young healthy leaves of the selected species using modified CTAB method which successfully produced a good purity and quality of DNA. Alleles of various sizes ranging from 100 – 800bp were amplified. The average genetic distance range was 67% – 91%. Phylogenetic relationships among these accessions based upon DNA analysis were studied through dendrogram analysis. All the accessions were clustered in to two groups. In this cluster the Kothaiyar and Saduragiri accessions were found most distantly related to each other.
Challenges for Thermoelectric Power Generation: From a Material Perspective
Authors: Liu Zihang
Published: April 2022

Thermoelectric devices enable the direct conversion of heat flux into electrical energy, which have attracted considerable research interests for energy harvesting to address the challenges of energy sustainability. Owing to the emerging concepts or strategies, the dimensionless thermoelectric figure of merit (ZT), dominating the device’s conversion efficiency, has been significantly boosted during the last two decades. However, thermoelectric materials remain stagnant for practical applications. In this review, future challenges from a material perspective are discussed and emphasized. It includes fundamental theories, design criteria, material synthesis, and properties measurement. Our review tries to point out these important research directions in the near future, thereby enabling rationally developing thermoelectric science and pushing thermoelectric devices for large-scale applications.
Red Blood Cell Transfusions and Risk of Postoperative Venous Thromboembolism
Authors: Sheth Bhavya K. , Yakkanti Ramakanth , Ravipati Kaushik , Arif Bilal , Castro Grettel , Hernandez Victor
Published: April 2022

Introduction:

Postoperative venous thromboembolism (VTE) is a major risk for orthopaedic surgery and associated with notable morbidity and mortality. Knowing a patient's risk for VTE may help guide the choice of perioperative VTE prophylaxis. Recently, red blood cells (RBCs) have been implicated for their role in pathologic thrombosis. Therefore, we examine the association between perioperative RBC transfusion and postoperative VTE after orthopaedic surgery.

Methods:

A retrospective cohort study was done by conducting a secondary analysis of data obtained from the 2016 American College of Surgeons National Surgical Quality Improvement Program database. Our population consisted of 234,608 adults who underwent orthopaedic surgery. The exposure was whether patients received a perioperative RBC transfusion. The primary outcome was postoperative VTE within 30 days of surgery that warranted therapeutic intervention, which was subsequently split into symptomatic deep vein thrombosis (DVT) and pulmonary embolism (PE). Odds ratios (ORs) were estimated using a multivariate logistic regression model.

Results:

At baseline, 1,952 patients (0.83%) had postoperative VTE (DVT in 1,299 [0.55%], PE in 801 [0.34%], and both DVT and PE in 148 [0.06%]). Seven hundred ninety-five patients (0.3%) received preoperative RBC transfusions only, 11,587 patients (4.9%) received postoperative RBC transfusions only, and 848 patients (0.4%) received both preoperative and postoperative RBC transfusions. Postoperative RBC transfusion was associated with higher odds of VTE (adjusted OR [aOR], 1.47; 95% confidence interval [CI], 1.19-1.81), DVT (aOR, 1.40; 95% CI, 1.09-1.79), PE (aOR, 1.59; 95% CI, 1.14-2.22), and 30-day mortality (aOR, 1.21; 95% CI, 1.01-1.45) independent of various presumed risk factors. When creating subgroups within orthopaedics by Current Procedural Terminology codes, postoperative transfusions in spine (aOR, 2.03; 95% CI, 1.13-3.67) and trauma (aOR, 1.40; 95% CI, 1.06-1.86) were associated with higher odds of postoperative VTE.

Conclusion:

Our results suggest that postoperative RBC transfusion may be associated with an increased risk of postoperative VTE, both symptomatic DVT and life-threatening PE, independent of confounders. Additional prospective validation in cohort studies is necessary to confirm these findings. In addition, careful perioperative planning for patients deemed to be at high risk of requiring blood transfusion may reduce these postoperative complications in orthopaedic patients.

Level of Evidence:

III
Climate change impact assessment and developing adaptation strategies for rice crop in western zone of Tamil Nadu
Authors: K. BHUVANESWARI  , V. GEETHALAKSHMI  , A. LAKSHMANAN  , R. ANBHAZHAGAN  , D. NAGOTHU UDAYA SEKHAR
Published: April 2022

The CERES-Rice model in the Decision Support System for Agro-technology Transfer (DSSAT) was used for assessing the impact of climate change on rice and developing adaptation strategies to sustain rice production in western zone of Tamil Nadu. Model results showed that the rice yield reduction ranged from 4 -56 % with increase in temperature from 1 to 5°C respectively from the current climate under different dates of planting from 1st June to 15th July. The different sowing windows tested as adaptation strategy to climate change indicated that the change in yield from current condition under early, normal, late planting during kharif season was -21.2, -15.0 and -16.3 % respectively for 3°C increase in temperature and 650 ppm CO2 enrichment, during rabi season, it was -9.2, +10.2 and +11.0 % respectively. To manage the water crisis under changing climatic conditions, different methods of cultivation viz., transplanted rice (TRC- conventional), direct sown rice (DSR), alternate wetting and drying method (AWD), system of rice intensification (SRI) and aerobic rice cultivation (ARC) was simulated. Higher grain yield was registered under SRI with water saving of 16 and 7.8% respectively during kharif and rabi seasons.
Radiation pattern and radiation balance study over Brassica campestris var. yellow sarson in Gangetic West Bengal
Authors: BARNALI SAIKIA  , SAON BANERJEE
Published: April 2022

Field experiments were conducted in the experimental farm of Bidhan Chandra Krishi Viswavidyalaya, Kalyani, Nadia, West Bengal (22o57 N, 88o20 E) during Rabi season of three years (2007-08 to 2009-10). The popular variety of the region B-9 was selected and the biomass, grain yield, leaf area index (LAI), crop height and extinction coefficient were measured for each year. The diurnal variations of net radiation (Rn), global solar radiation (GSR) and incident photosynthetically active radiation (PAR0) for different crop growth periods were studied. All the three radiation parameters showed a peak at 11.00 to 12.00 hours on an average and diurnal pattern was almost similar. The seasonal variation did not show any definite pattern. In 2009-10, the LE, G and S values were lower due to lesser amount of Rn throughout the season. In all the years no negative value of S was observed indicating that only upward movement of sensible heat flux occurred. The relationship between intercepted photosynthetically active radiation (IPAR) and biomass were also worked out. There is an immense scope of using the radiation pattern and its balance as inputs of crop growth and yield prediction model.
Determinant of Consumer Awareness Toward Halal Food During The Covid-19 Pandemic: Evidence from Indonesia
Authors: Fathoni Muhammad Anwar , Suryani Suryani , Sumilir Sumilir
Published: April 2022

This study aims to explain the level of consumer awareness of halal food products. In addition, this study also aims to examine the factors that determine the level of consumer awareness of halal food products. This research is explanatory research with a quantitative approach. Sources of data in this study are primary and secondary data. This study uses primary data sources with survey methods. The number of samples used was as many as 385 people. The data obtained were analyzed using Structural Equation Modeling (SEM) analysis. This study is a development of previous research that investigated and measured the index of consumer awareness of halal food products in Indonesia. This study found that the level of consumer awareness of halal food in Indonesia is very high. Meanwhile, the determining factors are religiosity, media exposure, and hygiene reasons.
Diş Hekimliği nereye? "Yavaş Diş Hekimliği"
Authors: ALPASLAN Cansu
Published: April 2022

Yavaş diş hekimliği, ağız sağlığını korumayı, minimal invaziv prosedürlerle tedaviyi, hastanın güvenli bir şekilde tedavi edilmesini, nitelikli iletişim ve insan ilişkilerini önceler. Aynı zamanda biyolojiye ve ağız dokularına hassasiyetle yaklaşan, kendimizi sevdiğimiz mesleğimize adamamızı sağlayan ve böylece herkes için sürdürülebilir ve adil olan yaklaşımı ifade eder.
Economic aspects of environmental liability: an introduction
Authors: Faure Michael
Published: April 2022

The present article forms an introduction to those that follow. It sets the law relating to civil liability for environmental damage in the context of economic theory, and examines, inter alia, whether fault liability or strict liability is the better instrument for ensuring that environmental damage is minimised and whether the liability of individual industrial operators is best covered by insurance or whether specialist compensation funds are a more effective option.
Environmental damage and a public authority's right to sue
Authors: Kottenhagen-Edzes Pepita A. , Bierbooms Paul F.A.
Published: April 2022

This article examines the right of public authorities to use private law in order to receive either injunctive relief, compensation for environmental damage, or the restoration of environmental impairment. It focuses on Dutch law which allows public authorities to use private law providing that they satisfy the 'encroachment doctrine' which was established in the Dutch Hoge Raad's (Supreme Court's) judgment in the Windmill case. The premise of this test is that public authorities are only allowed to use private law when this does not conflict with or encroach on public law. Failure to satisfy the requirements of the encroachment doctrine prevents the authorities from relying on private law. Whether a public provision is unacceptably encroached upon depends on, inter alia, the content and purpose of the regulation, the manner and extent to which citizens' interests are protected under public law and whether a comparable result can be reached under public law.
La publicite des suretes reelles mobilieres
Authors: Mouly Christian
Published: April 2022

The opening of the borders within the EEC to the free movement of capital, credit and banking services requires an improvement in the information available about secured rights in movable property. Creditors are used to their national systems and tolerate them, even though they are all somewhat confusing and inefficient; each profession has been able to identify a type of secured right with whose advantages and limitations it is familiar. But this current situation must change because it is an obstacle to the free movement of services. The system of real security in movable property is too lacking in transparency; even in countries in which registration exists, it is patchy and incomplete. An increase in the availability of credit and relationships based on credit requires greater transparency. A high priority requirement for any improvement in the system of registration of secured rights in movable property is that it must not complicate that system. It is therefore necessary that, while offering relevant and rapid information, such a system does not on balance impose costs and consequences that are more burdensome than those of the present system. The solution here proposed makes use of existing approaches by retaining local registry offices (paragraph 23), limiting the information disclosed to a financial statement (paragraph 11) and enforcing registration by making unregistered rights unenforceable and determining priority on the basis of the date of registration (paragraphs 16 and 45). The improvements would arise from the fact that the local offices would be linked to a database which would allow direct registration and consultation from any terminal with a telephone connection (paras. 24 and 28). This system functions well in France for the purposes of consultation. The list of secured rights for which registration is required would be restricted (paragraph 44) and would include the privilege claims based on the idea of credit, the assignment of debts, and reservations of title - at least if the debt is for more than a given amount (paragraph 35).
Representativity - A Claim Not Satisfied: The Social Partners' Role in the EC Law-Making Procedure for Social Policy
Authors: Schmidt Marlene
Published: April 2022

Since 1991, the substantive content of EC legislation in the area of social policy has been formulated by organisations that have not been legitimated democratically: the European social partners. This procedure is being justified on the grounds of the employers associations and trade unions' «representativity». The following contribution aims to show that since the European social partners' representativity is partial and inadequate, this justification does not hold. The Community institutions are, therefore, called upon to safeguard the interests of those who are under- and mis-represented.
Small Manufacturing Enterprises as a Form of Flexibility
Authors: Galin Amira
Published: April 2022

In recent years, it has been the practice to encourage small enterprises and the self-employed by providing them with practical and financial support. Concomitantly, large enterprises have been relinquishing many of their functions and transferring them to various types of subcontractors, particularly small enterprises and the self-employed. The investigation carried out within the framework of this study examines a number of prevalent myths concerning small enterprises and the self-employed in the Israeli industrial sector. The findings indicate that, contrary to popular belief, medium and large size enterprises function better than small ones. Accordingly, in Israel at least, the desirability of flexibility in the form of small enterprises is questionable.
Indirect Representation and the Lando Principles. An Analysis of Some Problem Areas From the Perspective of English Law
Authors: Busch Danny
Published: April 2022

The unpublished second report of the Lando Commission on The Principles of European Contract Law ('the Principles' or 'PECL') contains an important recent attempt to harmonise the laws of agency of European jurisdictions. Chapter 3 of the Principles deals with 'Authority of Agents'. Following the civil law model, Article 3:102 PECL distinguishes between direct and indirect representation.

Direct representation exists where an agent acts 'in the name of' a principal (Art. 3:102(1) PECL). If the agent acts within the scope of his authority (real or apparent), his acts bind the principal and third party directly; the agent drops out. Indirect representation covers two types of case in which a principal enlists the assistance of an intermediary to act for him in transactions with third parties (Art. 3:102(2) PECL). The first can be termed 'undisclosed agency'. In these cases, the principal confers authority on the intermediary to create privity between him (the principal) and third parties. As it happens, however, the third party neither knows nor has reason to know that the intermediary acts as an agent. The second category of indirect representation can for convenience be termed 'commission agency'. In this case, by contrast, the principal does not confer authority on the intermediary to create privity of contract between him (the principal) and third parties. The intermediary is to act 'in his own name': he is to contract with third parties in a personal capacity. In both cases of indirect representation, intermediary and third party are bound to each other; principal and third party are not (Art. 3:301 PECL). Even so, in two situations the principal is entitled to exercise against the third party the rights that are acquired on his behalf by the intermediary: if the intermediary goes bankrupt or is guilty of a fundamental non-performance of his duties to the principal (Art. 3:302 PECL). The third party is entitled, in similar circumstances, to exercise against the principal the rights that the third party has against the intermediary (Art. 3:303 PECL).
The Luxembourg Process and the Spanish Experience
Authors: Pedrero Juan Chozas
Published: April 2022

This article analyses the Luxembourg Process and its subsequent effects on Spanish employment policies. The measures that have been implemented as a result of the Luxembourg Process in Spain, including life-long training, fixed-term contracts, the fostering of part-time work, and the calculation and distribution of working time, have shown very promising results. In addition, the new emphasis placed on social dialogue and the employment guidelines have also played an important role in the upsurge of growth in the Spanish economy.
Graying Japan, Swaying the Policymaker
Authors: Morito Hideyuki
Published: April 2022

The Japanese population has been, and will surely continue to be, aging at a speed which no other country has ever experienced. The population aged sixty-five and older as of January 1, 1999 was 16.3% and it is predicted that it will reach 22.0% in 2010 and 26.9% in 2020. The total fertility rate (which indicates the number of children borne to a woman throughout her lifetime) had fallen to 1.43 in 1995 from 1.54 in 1990 and 2.13 in 1970. Japan will become the most aged society in the world by the beginning of the 21st century. The policymaker is considering reforms in many areas related to employment law to cope with the so-called 'aged society with fewer children' explained above. This article tries to describe the current and future framework of Japanese laws and policies on older persons' employment, public pensions, and corporate pensions.
The Consequences of European Monetary Union on Collective Bargaining and the National Social Security Systems
Authors: Traversa Enrico
Published: April 2022

There is no indication that the European Monetary Union (EMU) will increase labour mobility within the euro area. Even if the social partners are still responsible for collective agreements on wages at national level, the introduction of a single currency has already compelled trade unions to coordinate national wage policies and will increasingly continue to do so. In certain Member States compliance with the convergence criteria for admission to monetary union entailed measures aimed at cutting excessive budget deficits. It was just as inevitable that such restructuring of public finances would have repercussions on the development of social costs, owing to their high proportion in relation to total budgetary expenditure in the Member States.
Interactive Adjudication in the Europeanisation Process? A Demanding Perspective and a Modest Example
Authors: Joerges Christian
Published: April 2022

By way of a brief introduction, this contribution sketches a general theoretical framework for the understanding of the Europeanisation of private law. It refers to analyses of the European Union as a multi-level system of governance, suggesting that the much criticised patchwork character of European private law initiatives reflects the lack of a hierarchical order, and that Europe's legal pluralism will inevitably result in disintegrative effects within formerly national legal systems. Accordingly, it argues that legal scholarship should try to imagine and conceptualise a 'law of Europeanisation' rather then some pan-European system that might be codified or compiled out of Europe's common legal heritage. In view of the non-hierarchical and pluralist character of the EU's politics, it assigns to the European judiciary the primary responsibility for 'supervising' this process, for responding to concerns about practical compatibility and normative coherence, and envisages an interactive adjudication process. The recent Dietzinger judgment of the ECJ is presented with a view to substantiating all of these analytical, normative and institutional suggestions about the Europeanisation process. Unlike most of the many, very critical commentators of this judgment, especially in Germany, the author defends the view that the ECJ should not be criticised for its restrained interpretation of the impact of European consumer protection legislation, and suggests that this judgment should rather be understood as instigating new reflections on normatively doubtful practices within and among Europe's legal systems and allowing for a diversity of approaches to the handling of these issues.
'Integrative' Comparative Law Enterprises and the Inner Stratification of Legal Systems
Authors: Bussani Mauro
Published: April 2022

This essay deals with needs and problems of the initiatives aiming at a legal integration in Europe. In the first part of the paper (II-IV) the need of a wider and deeper knowledge of legal data is stressed by the author through the comparison of (overt) methods and (hidden) implications pursued by research-oriented enterprises — such as "The Common Core Project' or the 'European Case-books Project' - on the one hand, and the initiatives whose goal is the creation of rules — such as the UNIDROIT Principles or the 'Lando Commission' - on the other. The second part of the article (V.-VI.) highlights the reality of multi-level legal systems as one of the most important problems any integrative enterprise has to face. The author's ranking and analysis of the legal layers at work in the European societies — eg: different levels of local customary rules, 'national' rules, tansnational business rules, EU rules — aims at making out, at least, how fully aware a Code or any other authoritative regulation has to be about the kind and level of integration to pursue.
Ius Commune Casebooks for the Common Law of Europe: Presentation, Progress, Rationale
Authors: Larouche Pierre
Published: April 2022

This article introduces a research project entitled 'Ius Commune Casebooks for the Common Law of Europe'. After a short historical overview and progress report, it deals with some practical lessons drawn from the preparation of the casebooks, in particular the first volume, regarding the selection of materials, space constraints and language. Finally, it surveys the theoretical underpinnings of the Project, namely the emergence of a common law of Europe through a bottom-up process, the functionalist approach to comparative law, the distinction between language and the law as well as the focus on underlying principles instead of black-letter law in the course of legal teaching.
The Impact of European Employment Strategy on the Role of Labour Law and Industrial Relations
Authors: Biagi Marco
Published: April 2022

The aim of this article is to discuss the co-ordination process of employment policies provided by the Treaty of Amsterdam so as to assess its impact on labour law and industrial relations. It maintains that the 'Luxembourg Process' is producing side-effects by determining the re-regulation of labour market arrangements and, more in general, modernising the legal framework of industrial relations. The main conclusion confirms the European Union's adoption of the so-called 'European social model', although collective bargaining and, overall, industrial relations will be required to pay increased attention to a job creation function. It is argued that a modernisation of labour law and industrial relations will continue, since the 'Luxembourg Process' will not cease to heavily influence the action of both Governments and social parties.
Corporate Governance - La responsabilité des conseils d'administration dans les sociétés
Authors: Trindade Rita Trigo
Published: April 2022

This article, which is based on the reports presented in 1998 at the Congress of the International Academy of Comparative Law, is devoted to the study of corporate governance, a concept which has come from the United States and which is recognised today in various European countries. The idea of corporate governance has led to a wide ranging consideration of the balance of powers in limited companies and of ways of improving their operation, notably thanks to the creation of committees (audit, voting rights, remuneration…). In this context, shareholders and investors, particularly pension funds, are demanding better financial information and greater transparency.

Having explained the concept of corporate governance, the author deals with the issues raised by that concept and analyses the relevant legal rules. He concludes that national laws have produced a variety of responses to these issues, and that (supranational) regulation of the matter is required.
House of Lords (opinions of the Lords of Appeal for Judgement in the case Kleinwort Benson Ltd. v. Lincoln City Council and others) 29 October 1998
Authors: Olsen Lena , Deflorian Luisa Antoniolli , Posch Willibald , Jansen Nils , Cunha Carolina Vicente E
Published: April 2022

The facts of Kleinwort Benson Ltd v. Lincoln City Council will become clear from the following case notes. The case has attracted quite some attention in England. This is not only because it includes the final speech on the law of restitution by Lord Goff of Chievely, it also raises some highly interesting questions. How should interest rate swaps with local authorities be judged? When should recovery for mistake of law be allowed? Do judicial decisions act retrospectively?

It is especially the latter question which is a central point in the discussion of the case in the ensuing case notes. Foreign observers obviously are baffled by the fully retrospective effect which the majority accords to judicial change. Is not this against the whole idea of precedent in the common law?

For further reading as to English comments one may consult M. BRIDGE, Restitution and Retrospective Law; J.M. FINNIS, ‘The Fairy Tale's Moral’, [1999] 115 Law Quarterly Review 170–175; L. SMITH, ‘Restitution for Mistake of Law’, Restitution Law Review 1999, 148–158.
South African Regulation (or Non-Regulation) of a Transfer of a Business, Trade or Undertaking
Authors: Smit Nicola
Published: April 2022

The transfer of an undertaking as a going concern in South Africa was regulated by Common law until 11 November 1996 when the new Labour Relations Act 66 of 1995 came into effect. Section 197 of the said Act now provides for the transfer of employment contracts in these circumstances. However, the said section is very vague and badly drafted leading some academics and practitioners to petition for its removal from the legislation. This short contribution highlights the importance of such a section in labour legislation, and encourages the amendment of this section to provide for even greater job security than at present. A short analysis of socio-economic values and policies in South Africa is made in order to substantiate the need to safeguard employees' rights in these circumstances and a brief overview of the main shortcomings of the section is also given. Finally, the Labour Court and Labour Appeal Court's jurisprudence of this issue up to date is illustrated by means of case law and comments.
Trusts, Trust-like Concepts and Ius Commune
Authors: van Rhee C.H.
Published: April 2022

The author of the present paper has been asked to discuss R. Helmholz, R. Zimmermann (eds.), Itinera Fiduciae: Trust and Treuhand in Historical Perspective (Berlin, Duncker & Humblot, 1998). He especially focuses on the possible (historical) ties between trusts and European Private Law or ius commune. The central question of his paper is whether or not the trust is a typical Anglo-American legal concept which must be placed outside the European ius-commune tradition.
Civil Procedure: A European Ius Commune?
Authors: van Rhee C.H.
Published: April 2022

In many countries civil procedure is considered a subject hardly lending itself for scholarly investigation. To prove that this was not always the case, the present article starts by outlining the history of civil procedural law as an academic discipline. The outline shows that civil procedure was considered to be worthy of scholarly attention up to the period of codification. The situation changed after the laws of civil procedure in the various European countries had been codified. One of the reasons was the decline in significance of legal history and comparative law as a result of codification. The article subsequently discusses two questions of civil procedure particularly deserving academic study within the context of contemporary Europe. The questions are the following: 1) To what extent can the law of civil procedure be regarded as an international, European discipline? 2) What roles can legal history and comparative law play in shaping the future law of civil procedure?