bluuebunny/crossref_metadata_2025 huggingface dataset:
Stability and evolution of skyrmionium and skyrmions in a spherical shell
Authors: Guo Jing , Zhang Xin , Cai Na , Ren Ruizhi , Liu Yan
Published: September 2024

The study of magnetic structures, particularly those with curved geometries such as spherical shells, has obtained significant interest due to their potential applications in data storage, spintronics, and other advanced technologies. However, the effects of material parameters, geometric dimensions, and magnetic fields on the equilibrium and induced behaviors of skyrmions remain largely unresolved. Here, based on micromagnetic simulations, we firstly investigate the influence of spherical shell dimensions, magnetic anisotropy, exchange interaction, and Dzyaloshinskii–Moriya interaction on the magnetic states of spherical shells. We find that curvature effects become more pronounced with increasing thickness and decreasing radius, providing evidence for the role of curvature-induced DMI-like interactions in skyrmion formation. Additionally, we observe that applying a magnetic field to the spherical shell induces behaviors similar to those in disks, including the topological transition between skyrmionium and skyrmion states, the annihilation of skyrmions, and polarity reversal. Our study aims to advance the understanding of magnetic phenomena in curved geometries and contribute to the development of novel magnetic devices.
Structural behavior and metallization of AsSbS3 at high pressure
Authors: Qin 覃 Tian 天 , Wu 武 Min 敏 , Wang 王 Kai 凯 , Wu 吴 Ye 也 , Huang 黄 Haijun 海军
Published: September 2024

The group V–VI semiconductor material getchellite (crystalline AsSbS3) has garnered extensive attention due to its wonderful electronic and optical properties. The pressure engineering is one of the most effective methods to modulate crystal structure and physical properties of semiconductor materials. In this study, the structural behavior, optical and electrical properties of AsSbS3 under high pressure have been investigated systematically by in situ high-pressure experiments for the first time. The monoclinic structure of AsSbS3 remains stable up to 47.0 GPa without phase transition. The gradual lattice contraction with increasing pressure results in a continuous narrowing of the bandgap then leads to pressure-induced metallization of AsSbS3 at 31.5 GPa. Our research presents a high-pressure strategy for tuning the crystal structure and physical properties of AsSbS3 to expand its potential applications in electronic and optoelectronic fields.
Encoding spatiotemporal asymmetry in artificial cilia with a ctenophore-inspired soft-robotic platform
Authors: Peterman David J , Byron Margaret L
Published: September 2024

A remarkable variety of organisms use metachronal coordination (i.e. numerous neighboring appendages beating sequentially with a fixed phase lag) to swim or pump fluid. This coordination strategy is used by microorganisms to break symmetry at small scales where viscous effects dominate and flow is time-reversible. Some larger organisms use this swimming strategy at intermediate scales, where viscosity and inertia both play important roles. However, the role of individual propulsor kinematics—especially across hydrodynamic scales—is not well-understood, though the details of propulsor motion can be crucial for the efficient generation of flow. To investigate this behavior, we developed a new soft robotic platform using magnetoactive silicone elastomers to mimic the metachronally coordinated propulsors found in swimming organisms. Furthermore, we present a method to passively encode spatially asymmetric beating patterns in our artificial propulsors. We investigated the kinematics and hydrodynamics of three propulsor types, with varying degrees of asymmetry, using Particle Image Velocimetry and high-speed videography. We find that asymmetric beating patterns can move considerably more fluid relative to symmetric beating at the same frequency and phase lag, and that asymmetry can be passively encoded into propulsors via the interplay between elastic and magnetic torques. Our results demonstrate that nuanced differences in propulsor kinematics can substantially impact fluid pumping performance. Our soft robotic platform also provides an avenue to explore metachronal coordination at the meso-scale, which in turn can inform the design of future bioinspired pumping devices and swimming robots.
Evaluation of properties for Carbothane™ 3575A–based electrospun vascular grafts in vitro and in vivo
Authors: Chernonosova Vera S , Osipova Olesia S , Nuankai Zhou , Shundrina Inna K , Murashov Ivan S , Larichev Yurii V , Karpenko Andrey A , Laktionov Pavel P
Published: September 2024

Bioengineered vascular grafts (VGs) have emerged as a promising alternative to the treatment of damaged or occlusive vessels. It is thought that polyurethane (PU)-based scaffolds possess suitable hemocompatibility and biomechanics comparable to those of normal blood vessels. In this study, we investigated the properties of electrospun scaffolds comprising various blends of biostable polycarbonate-based PU (Carbothane™ 3575A) and gelatin. Scaffolds were characterized by scanning electron microscopy, infra-red spectroscopy, small-angle x-ray scattering, stress-loading tests, and interactions with primary human cells and blood. Data from in vitro experiments demonstrated that a scaffold produced from a blend of 5% Carbothane™ 3575A and 10% gelatin has proven to be a suitable material for fabricating a small-diameter VG. A comparative in vivo study of such VGs and expanded polytetrafluoroethylene (ePTFE) grafts implanted in the abdominal aorta of Wistar rats was performed. The data of intravital study and histological examination indicated that Carbothane-based electrospun grafts outclass ePTFE grafts and represent a promising device for preclinical studies to satisfy vascular surgery needs.
Appraisal of awareness about single use plastic bags (supbs) among consumers and shopkeepers of Lanka market, Varanasi, Uttar Pradesh, India
Authors: Singh Harpreet , Meena Avadhesh Kumar , Sharma Sanjana , Kumar Vineet
Published: September 2024

The awareness level of humans varies depending upon various known and unknown factors. Environmental awareness of an individual is the reflection of his/her thoughts, feelings and sensitivities towards the environment and its associated problems like degradation. It is the most important parameter for the measurement of implementation of government’s policies designed for the safeguard of environment and other related issues. The Indian Government decision for the complete ban on the Single-Use Plastic Bags (SUPBs) has been implemented in the whole country since 01 July 2022. Single-use plastic bags pose serious concerns for the environment and the economy of the country. The consumption as well as the disposal of plastic-related products is increasing day by day in India. Around 3.5 million tonnes of plastic waste are generated every year (CPCB 2020). The present paper is about the appraisal of the awareness level of consumers and shopkeepers about the use of plastic bags. In the present study, the primary survey is conducted to understand the awareness of consumers and shopkeepers regarding Single-Use Plastic Bags (SUPBs) in Lanka market, Varanasi, Uttar Pradesh. The study tries to relate the level of literacy, economic status, hesitation to carry own bags and demand for the plastic bags with the environment awareness level. Study reflects, there is a strong relationship between uses of plastic bags with economic, social, cultural, political status of the people. It also reflects the lack of enforcement of policies about the Single-Use Plastic Bags (SUPBs).
Classification of forest cover of Ta Dung National Park, Vietnam using optical satellite images
Authors: Thi Thanh Huong Nguyen , The Hien Nguyen , Thi Hang Phan , Thi Hoai Cao , Dinh Bao Ho
Published: September 2024

The objective of this study was to classify the forest status of Ta Dung National Park, Vietnam using integrated satellite imagery and a machine learning algorithm to support biodiversity conservation and forest management. The complexity of land use poses a challenge to producing accurate land cover/land use maps using satellite imagery, particularly in tropical countries where farming often occurs in small, fragmented regions. This challenge is compounded when attempting to assess the natural forest status in tropical forests, which are inherently complex and have often experienced varying degrees of disturbance. Consequently, there is a need for approaches that enhance image classification accuracy while still allowing for the categorization of forest characteristics into reasonably homogeneous groups. In this study, we combined optical satellite images to classify the area of Ta Dung National Park, Vietnam into nine categories representing different forest statuses. Our results showed that integrating Sentinel-2 and Landsat 9 imagery using the random forest algorithm achieved a high classification accuracy of 84.75% with an overall accuracy and a kappa coefficient of 0.83. This approach can be applied to other areas facing similar challenges in classifying forest status.
Study on aluminum recovery from selected aluminum-containing packaging waste by pyrolysis system
Authors: Ngoc Lan Thao Ngo Thi , Doan Nguyen Dang Khoa
Published: September 2024

Nowadays, consumers more frequently than not choose packaged food over fast food due to its convenience, high nutrition value, ease of preparation, and health friendliness. This has caused the amount of packaging waste in the world to increase rapidly, becoming one of the major dangers to the global environment. The potential hazard associated with this kind of waste and have been developing more innovative techniques to lessen its negative impacts. This study aims to convert food packaging wastes (FPWs) into raw materials (aluminum and carbon particles) using three combined methods: pyrolysis, mechanical and chemical treatment. This experiment used a furnace used in the laboratory to heat plastic packaging waste to obtain a solid fraction, under pre-set conditions, including temperatures of 500 °C, 600 °C, 700 °C, and 800 °C, and the retention time is 10 min, 20 min, 30 min. Specifically, the highest amount of solid fraction obtained was 20.9% at the condition of 500°C for 10 minutes, while the recovery rate was the lowest at 8.91% at the condition of 800 °C for 30 minutes. According to the references, the retention time condition of 30 minutes is the optimum for aluminum recovery, of which 800°C is the best with 8.11%, along with the ease of separation of aluminum fragments and aluminum particles out of the mixture. Finally, Fourier transform infrared spectroscopy (FTIR) analysis was used to confirm the composition of the solid obtained after the pyrolysis process, the selected wavelength ranged from 650-4000 cm−1. In summary, the experiment was successful when it found the optimal conditions for the pyrolysis method in recovering aluminum from packaging waste. In addition, the recovery of aluminum metal from this type of waste also contributes to solving the very high demand for this metal in recent times.
Development of the Optimal Logistics System for Organic Recycling
Authors: Hang Vo Thanh , Minh Dao Gia , Bich Ngoc Nguyen Vu , Tin To Huu , Minh Tram Thai Thi , Anh Tran Lan , Binh Nguyen The , Hong Dang Nguyen Ngoc , Ngoc Thao Pham Minh , Thinh Vo Tan
Published: September 2024

Along with the socio-economic development, the generation of solid waste in Vietnam is increasing, becoming an environmental problem. The amount of domestic solid waste generated in Vietnam is currently about 25.5 million tons/year, and is expected to increase on average by 10-15% per year due to rapid population growth, combined with the process of industrialization and urbanization. However, the collection and treatment system of solid waste is still a dilemma. Domestic solid waste management is still treated in traditional ways such as incineration and landfill, causing many harms to the environment. The Optimal Logistic System for Organic Recycling study aims to develop an IoT integrated Logistics system, called LogiOT system, to promote the circular economy model in Vietnam, and proposes a plan to combine waste segregation and utilization of domestic organic wastes as food for worm farming sites to produce organic fertilizers, will reduce CO2 emissions in greenhouse gas emission, contributing to the promotion of model development Circular economy in Vietnam helps to make the environment greener and cleaner. In addition, the logistics model is proposed to solve the problem of the collection system of waste from households, as well as the distribution of organic solid waste to worm farms and distribution of organic fertilizers to the vegetable gardens appropriately, optimizing the cost of the transportation as well as balancing the amount of organic solid waste distributed and the amount required by the garden owners and the amount of solid waste discharged.
Letting Go
Authors: Kurz Demie
Published: September 2024

Chapter 1 describes the need for more understanding of the challenges of parenting, which are underappreciated and often misunderstood, and it outlines the arguments of the book. It introduces the critical parental task of letting go and describes the tension parents face between maintaining control over key aspects of their teens’ lives so they remain safe and complete their education, while giving teens more freedoms and promoting their independence. Letting Go demonstrates that mothers are not simply in control of this process, that teens and young adults are active advocates for their views. Parenting and letting go take place through extended negotiations which sometimes go smoothly and sometimes involve conflict. Letting Go demonstrates the uncertainties parents face and the important role resources play in helping parents promote the success of their teens and young adults at a time when reaching adulthood has become a longer and more challenging process.
Conclusion
Authors: Kurz Demie
Published: September 2024

Chapter 6 summarizes the argument of this book. Letting Go contributes to our understanding of parenting at two critical life stages, adolescence and young adulthood. And it expands knowledge of parenting more generally through mothers’ accounts of a key task of parenting: letting go, promoting the autonomy of teens and young adults. Parents are not simply in control of this process. Letting Go shows how parenting is a negotiated process between parents and their children, who are actively engaged in this process. This book also demonstrates the ways resources and social policy play a key role in parenting. The ability to promote the success of children, teens, and young adults is not only dependent on parents’ actions, but on the resources parents can access. Letting Go argues that there needs to be much greater social and governmental support for parenting.
Clinical decision support improves autoimmune/paraneoplastic antibody panel utilization
Authors: Nerenz Robert D , Hooshmand Sam I , Jackowiak Eric , Shirilla David , Yang Yushan , Yang Kai , Obeidat Ahmed Z
Published: September 2024

Objectives

Selection of autoimmune/paraneoplastic antibody panels remains challenging because health-care professionals often lack familiarity with panel contents, recommended specimen types, and antibody combinations for a given patient. Inappropriate use adds cost, prompts unnecessary additional workup, and delays the identification of the true cause of patient symptoms. In this study, we assessed whether order-entry clinical decision support can improve autoimmune/paraneoplastic antibody panel utilization.

Methods

An order-entry clinical decision support tool was embedded in the electronic health record system. Using a nested panel structure, the decision support tool prompted clinicians to identify their patient’s clinical presentation and guided selection of the appropriate tests. In addition, the tool featured a duplicate checking function to alert clinicians when placing multiple orders with substantially similar antibody content within a 3-month period. Panel ordering practices were assessed during the 12 months before implementation and compared with the 6 months immediately following implementation.

Results

Clinical decision support significantly reduced the monthly test volume of all orderables from 75.8 per month before implementation to 54.5 per month after implementation (incident rate ratio [IRR], 0.72; 95% CI, 0.63-0.81; P < .001). Placement of multiple orders for panels with substantially overlapping antibody content also decreased significantly, from 7.0 per month to 1.2 per month (IRR, 0.17; 95% CI, 0.07-0.33; P < .001). The number of neural-specific antibodies detected remained unchanged, but the reduction in total test volume increased the neural-specific antibody positivity rate from 4.2% to 6.8% (IRR, 1.61; 95% CI, 0.94-2.70; P = .075).

Conclusions

Order-entry clinical decision support offers an efficient and effective approach to improve the utilization of autoimmune/paraneoplastic antibody panels.
Recurrent evolution of small body size and loss of the sword ornament in Northern swordtail fish
Authors: Preising Gabriel A , Gunn Theresa , Baczenas John J , Powell Daniel L , Dodge Tristram O , Sewell Sean T , Pollock Alexa , Machin Kairuz Jose Angel , Savage Markita , Lu Yuan , Fitschen-Brown Meredith , Meyer Axel , Schartl Manfred , Cummings Molly , Thakur Sunishka , Inman Callen M , Ríos-Cardenas Oscar , Morris Molly , Tobler Michael , Schumer Molly
Published: September 2024

Across the tree of life, species have repeatedly evolved similar phenotypes. While well-studied for ecological traits, there is also evidence for recurrent evolution of sexually selected traits. Swordtail fish (Xiphophorus) is a classic model system for studying sexual selection, and female Xiphophorus exhibit strong mate preferences for large male body sizes and a range of sexually dimorphic ornaments. Interestingly, sexually selected traits have also been lost multiple times in the genus. However, there has been uncertainty over the number of losses of ornamentation and large body size because phylogenetic relationships between species in this group have historically been controversial, partially due to prevalent gene flow. Here, we use whole-genome sequencing approaches to reexamine phylogenetic relationships within a Xiphophorus clade that varies in the presence and absence of sexually selected traits. Using wild-caught individuals, we determine the phylogenetic placement of a small, unornamented species, X. continens, confirming an additional loss of ornamentation and large body size in the clade. With these revised phylogenetic relationships, we analyze evidence for coevolution between body size and other sexually selected traits using phylogenetic comparative methods. These results provide insights into the evolutionary pressures driving the recurrent loss of suites of sexually selected traits.
2. History and challenges
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter explores the history of environmental law in England and Wales and discusses some of the challenges encountered in the past when enacting legal responses to environmental problems, focusing on why today’s environmental law looks the way it does. The chapter also focuses on the question of whether environmental law actually works.
4. The form, function, and administration of environmental law
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter explores the different ‘layers’ of environmental law, focusing on the interaction between international, European, and national environmental laws. It also discusses how the law is enacted through legislation and subsequently administered in the domestic context, focusing on the key institutional players in England and Wales, including Defra, the OEP, the Environment Agency, and the courts.
6. The European Union and the environment
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter explores the historical and continually important influence played by EU law on UK environmental law. Despite Brexit, EU law remains an important factor in national environmental law. The chapter includes a discussion of the history of EU environmental law, its impact on UK environmental law, and the continuing relevance of EU environmental law.
12. Town and country planning
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter considers the role played by the complex planning regime in the context of environmental protection. The focus is on key characteristics and definitions of the ‘planning system’, including on what constitutes a ‘development’, when planning permission is required, what is a ‘material consideration’, as well as the plan-making process. The central role played by the courts in developing the legal controls of the planning system is also explored alongside important tools such as planning conditions.
19. Waste management
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter considers the regulation of waste. The focus is on national law, but the chapter also includes discussion of the international rules for export of waste and influential EU Directives on waste. Central to the chapter is the definition of ‘waste’ and the ‘emerging tools of regulation’ aiming at redirecting the focus away from the regulation of the disposal of waste by focusing on the reduction of waste through minimization, reuse, and recycling. This highlights both new forms of regulation and the development the circular economy—maximizing the length of use and thereby value of products.
12. Judicial Review—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter provides an introduction to the concept of judicial review. The law of judicial review sets the legal framework within which decisions affecting the rights, interests, or legitimate expectations of individuals, are taken. As a result, a number of legal requirements apply. This chapter discusses what judicial review is and is not about; the nature of administrative law; the relation of judicial review to three key themes crucial to understanding the modern British constitution—accountability, political and legal constitutionalism, and demarcation disputes in the multilayered constitution; and the constitutional basis of judicial review.
14. Judicial Review—Scope, Procedures, and Remedies
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter addresses issues that must be confronted by litigants who propose to launch judicial review proceedings, and by courts dealing with such claims. The reluctance of the courts to allow their supervisory jurisdiction to be ousted by legislation, their preparedness to hear claims from parties unaffected by the challenged decision when this is necessary for the maintenance of the rule of law, and their willingness to rule in advance on important legal questions all paint a picture in which judicial review plays a fundamental role in ensuring good governance. The chapter first, it considers what sort of decisions can be judicially reviewed. Second, it examines the procedure under which courts subject decisions to judicial review. Third, it looks at the remedies that courts may issue in judicial review proceedings.
16. Tribunals
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter considers the role and constitutional status of tribunals that determine appeals against initial decisions made by government agencies which is a major part of ensuring the legal accountability of governmental decision-making as neither parliamentary accountability nor judicial review provides an adequate and easily accessible remedy. The chapter also examines the place of tribunals within the UK’s public law system and the reorganisation of the tribunals into a new, integrated, and unified tribunals system brought about by the Tribunals, Courts and Enforcement Act 2007. An overview of the tribunals system, tribunal procedures, and judicial oversight of tribunal decision-making is also provided.
International Law of Human Rights
Authors: Cançado Trindade Judge Antônio Augusto , González-Salzberg Damián A.
Published: September 2024

International Law of Human Rights is a book written by two critical scholars from the Global South and aimed at offering a global perspective of the discipline that not only discusses the current state of affairs, but also engages with multiple challenges that underpin this particular branch of international law. Across four Parts, the book engages with the meaning, histories, and development of human rights under international law, as well as with the systems of protection created at the universal and regional levels, ending with the critical discussion of selected human rights. The book presents particular features that contribute to the study of the subject, including the use of ‘case boxes’ that summarize key decisions and specific sections reserved for in-depth reflections and for ‘critical debates’.
9. State Responsibility
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: September 2024

State responsibility arises from the violation by a State (or other international legal person) of an international obligation that can be one of customary international law or arising from a treaty. The violation must be due to conduct attributable to a State. This chapter discusses the nature of State responsibility; attribution; complicity in a breach by another state; breach of an international obligation of the State; circumstances precluding wrongfulness (defences); consequences of a breach; enforcement of a claim; diplomatice protection; and treatment of aliens.
14. International Environmental Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: September 2024

The concern and awareness about the need for environmental protection has increased dramatically, both nationally and internationally, in the last few decades. International environmental law offers a means to structure and regulate behaviour in this area. It now includes many treaties and declarations, a body of State practice and some compliance mechanisms, as well as a development towards the introduction of flexible instruments to achieve compliance. This chapter discusses the context of international environmental law; environmental theories, including some of the differences between approaches in the Global South and the Global North; international obligations; selected environmental treaties; and the relationship of the environment with other international law issues, such as human rights, Indigenous Peoples, armed conflict and trade, as well as dealing with some climate change issues.
2. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter sets out the basic principles of negligence. Duty is one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. The chapter presents cases to illustrate the meaning of proximity. It also discusses the unforeseeable claimant problem and policy factors.
5. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

Public bodies have extensive powers to act for the public benefit but often have limited resources. Difficult decisions have to be made, and if those decisions are wholly unreasonable they may be corrected by judicial review; that is, by public law remedies. A more difficult question is whether failure by a public body provides a private right of action to someone harmed (or not benefited) by the decision. While the general principles of duty of care apply (that is, proximity and whether it is fair and just to impose liability), there are several limitations on the liability of public bodies in negligence. This chapter first discusses the special common law principles applicable to the exercise of discretion by public bodies. It then considers specific problematic areas, including the difficulties involved in establishing duties of care by the emergency services before examining the effect of the Human Rights Act 1998 in establishing obligations owed directly by the state.
12. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.
17. Actions under Rylands v Fletcher
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.
10. General defences
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter considers general defences other than those focused on D’s mental condition and looks at cases where D will usually have performed the actus reus with the appropriate mens rea. The chapter begins with a discussion of the distinction between justifications and excuses. The common law historically made a distinction between justification and excuse, at least in relation to homicide. It is said that justification relates to the rightness of the act, whilst excuse concerns the circumstances of the individual actor. General defences include infancy (children less than 10 years old and children 10 years old and above), duress, necessity, and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment, and impossibility.
27. Offences of damage to property
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if they, without lawful excuse, destroy or damage any property belonging to another with the intention to destroy or damage such property, or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences, and mode of trial and sentence for those guilty of offences of damage to property. The recent case law on protest through criminal damage, along with the relevance of proportionality under the European Convention on Human Rights, is also examined.
18. Reform of the Land Registration Act 2002
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter looks at Law Commission proposals to reform the Land Registration Act 2002 (LRA 2002). It focuses on reforms that relate to situations where there are gaps in the protection of a registered party: rectification and overriding interests. The current law on rectification in three-party cases and the reforms proposed by the Law Commission are considered. The chapter not only looks at the Law Commission’s proposals on overriding interests, but also other ideas for reform, such as the extension of indemnity payments. It contrasts the rhetoric in the Law Commission’s more recent work with that which preceded the LRA 2002 and notes how the later proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.
16. Alternative dispute resolution
Authors: Rutherford Helen , Kotecha Birju , Macfarlane Angela
Published: September 2024

Alternative Dispute Resolution (ADR) describes any method of resolving legal disputes other than through litigation in the courts or tribunals. ADR includes arbitration, mediation, adjudication, conciliation, med-arb, and early neutral evaluation/expert determination. This chapter explains the various forms of ADR, why ADR exists, its many advantages (compared to litigation), and its disadvantages. The chapter examines case law dealing with the ‘cost consequences’ of a failure by one party to a legal dispute to engage in ADR when presented with the opportunity to do so. The chapter considers whether ADR should be compulsory and the extent to which the parties to a dispute, having agreed to resolve their dispute through ADR, can be compelled to honour that agreement.
11. Sexual offences
Authors: Allen Michael J. , Edwards Ian
Published: September 2024

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape; in particular in the context of broader discussions about consent and trial by jury. Two Law in Context features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.
15. Criminal damage
Authors: Allen Michael J. , Edwards Ian
Published: September 2024

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The Criminal Damage Act 1971 includes the main offences in English law involving damage to property. This chapter discusses the offence of destroying or damaging property belonging to another, destroying or damaging property with intent to endanger life, threats to destroy or damage property, possessing anything with intent to destroy or damage property, and racially or religiously aggravated criminal damage. It considers the legal significance of the toppling of the statue in Bristol of the slave trader Edward Colston. The Law in Context feature examines critically the prosecution of environmental protesters for criminal damage, including the use of the lawful excuse when the protesters claim to have been acting to protect the environment.
3. The burden and standard of proof
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or a claimant may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.
8. Cross-examination and re-examination
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter first discusses cross-examination, the questioning of a witness immediately after his examination-in-chief by the legal representative of the opponent of the party calling him or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. The object of cross-examination is to elicit evidence which supports the cross-examining party’s version of the facts in issue and to cast doubt upon the witness’s evidence-in-chief. The chapter then turns to re-examination. A witness who has been cross-examined may be re-examined by the party who called him. The object of re-examination is to repair damage that has been done by cross-examination.
14. Hearsay admissible at common law
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter considers the following categories of hearsay: statements in public documents; works of reference; evidence of birth, age, and death; evidence of reputation; statements forming part of the res gestae; and statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. The categories relating to age and res gestae have been preserved in criminal but not civil proceedings. All of the other categories have been preserved in both criminal and civil proceedings.
16. Adverse inferences from an accused’s silence or conduct
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter discusses the adverse inferences that may be drawn against an accused from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance, or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence, or the facts on which he takes issue with the prosecution.
7. Remedies for breach of contract
Authors: Devenney James , Shaw-Mellors Adam
Published: September 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.
8. Contractual impossibility and risk
Authors: Devenney James , Shaw-Mellors Adam
Published: September 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the law’s response to events that render performance of the contract impossible for reasons beyond the control of the contracting parties, and so provide an excuse for non-performance. The default legal doctrines—common mistake (initial impossibility) and frustration (subsequent impossibility)—may come into play in instances of impossibility of performance only where there is no express or implied allocation of the risk of the event in the contract. These default doctrines determine what is to happen to the existing and future obligations of the parties.
4. Competence
Authors: Craig Paul , de Búrca Gráinne
Published: September 2024

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. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power. The UK version contains a further section analysing issues of EU competence in relation to the UK post-Brexit.
9. The Application of EU Law: Remedies in National Courts
Authors: Craig Paul , de Búrca Gráinne
Published: September 2024

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 examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.’ Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g. restitution or interim relief), regardless of whether this would be available under national law. The UK version contains a further section analysing issues concerning remedies and EU law in relation to the UK post-Brexit.
12. Human Rights in the EU
Authors: Craig Paul , de Búrca Gráinne
Published: September 2024

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 EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.
17. Damages Actions and Money Claims
Authors: Craig Paul , de Búrca Gráinne
Published: September 2024

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. Article 340 of the Treaty on the Functioning of the European Union (TFEU) governs compensation against the EU. It leaves the Court of Justice of the European Union with considerable room for interpretation, and directs it to consider the general principles common to the laws of the Member States. The key issue is the test for liability where losses are caused by EU acts that are illegal. The Court has fashioned different tests for cases where the challenged act is of a discretionary nature and for those where it is not. This chapter discusses the application of Article 340 in relation to discretionary and non-discretionary EU acts, official acts of Union servants, valid legislative acts, causation and damage, joint liability for the EU and Member States, contractual liability, and restitution. The UK version contains a further section analysing the relevance of Article 340 in relation to the UK post-Brexit.
18. The Single Market
Authors: Craig Paul , de Búrca Gráinne
Published: September 2024

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. The single market is central to the EU and is still its principal economic rationale. This chapter discusses the forms and techniques of economic integration, the limits of integration prior to 1986, and the subsequent steps taken to complete the single market. There is both a substantive and an institutional dimension to this story. In substantive terms, it is important to understand the economic dimension to the single market. In institutional terms, a subtle mix of legislative, administrative, and judicial initiatives has furthered evolution of the single market. The UK version contains a further section analysing the general structure of the discourse concerning future trade relations between the EU and the UK post-Brexit.