bluuebunny/crossref_metadata_2025 huggingface dataset:
Military Assistance on Request and the Use of Force
Authors: De Wet Erika
Published: January 2021

The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force. Since the end of the Cold War, several (sub)regional organizations in Africa have codified military assistance on request in their respective treaty frameworks. In addition, in countries such as Afghanistan, Iraq, Libya, Mali, Somalia, South Sudan, Syria, and Yemen, internationally recognized governments embroiled in protracted armed conflicts have requested direct military assistance from individual states or groups of states. These requests are often accepted by the other states and at times the United Nations Security Council, even when the requesting governments have very limited effective control over their territories, lack democratic legitimacy and are engaged in wide-spread and systematic violations of international human rights and humanitarian law.This book departs from a definition of requested military assistance that refers to the exercise of forcible measures by third-state armed forces or those controlled by an international organization in the territory of the requesting state. It then examines the authority to issue a request for (or consent to) direct military assistance, as well as the type of situations in which such assistance may be requested—notably whether it can be requested during an armed conflict. De Wet finishes by examining the important and controversial question of whether and to what extent the proliferation of forcible assistance on request is changing the legal framework applying to the use of force in international law.
Introduction
Authors: De Wet Erika
Published: January 2021

This introductory chapter provides an overview of the concept of military assistance on request. By expressing a request for military assistance, a state essentially expresses consent to be bound by an agreement in accordance with which another subject of international law can exercise forcible measures on the requesting state’s territory. Contemporary state practice suggests that these agreements can be divided into two broad categories, the first being requests for military assistance by a state to one or more states, while the second concerns requests for military assistance made to international organizations (notably in the form of regional and sub-regional organizations). One may further distinguish between ad hoc requests for (or consent to) military assistance in response to a particular situation that has arisen in the territorial state, and ex ante consent included in a pro-invasion (guarantee) treaty clause. The chapter then looks at the key legal controversies regarding military assistance, which will be discussed in the next chapters. It concludes by clarifying key concepts and the methodology applied throughout the analysis.
Direct Military Assistance on Request During Civil Wars
Authors: De Wet Erika
Published: January 2021

This chapter examines whether the right to self-determination in international law prevents military intervention on the side of the recognized government during a civil war. Post-Cold War state and organizational practice does not convincingly support the claim that direct military assistance at the request of a recognized government is prohibited during a civil war, otherwise known as a ‘non-international armed conflict’ (NIAC). Attempts to explain current state practice by means of counter-terrorism and counter-intervention exceptions to a general prohibition of such assistance also is not grounded in state or organizational practice, nor are such exceptions viable in practice. Instead, state and organizational practice seems to confirm the right of recognized governments to request military assistance from third states, also during civil wars/NIACs, as long as they retain their recognized, de jure status. The potential lack of ‘representativeness’ in such a situation does not seem to limit the extent to which the de jure government can act on behalf of the state (and its people) in matters pertaining to the use of force.
Conclusion
Authors: De Wet Erika
Published: January 2021

This concluding chapter identifies what the customary international law requirements are for valid requests for military assistance. It also addresses the ambivalent relationship between this legal construct and the notion of collective security embodied in the UN Charter. On the one hand, there is the risk that military assistance provided by individual states or groups of states undermines the notion of the centralization of decisions regarding the use of force with the United Nations Security Council. It can further perpetuate the perception of neo-colonialism and imperialism that have been associated with military assistance on request ever since the Cold War. On the other hand, clauses such as article 4(j) and potentially article 4(h) of the African Union Constitutive Act and article 25 of the Economic Community of West African States Mechanism Protocol suggest that military assistance on request can be deployed as a mechanism for maintaining regional peace and security. This suggests that, depending on the context, military assistance on request can be utilized in the interests of international peace and security and could therefore be reconcilable with the notion of collective security underpinning the UN Charter.
Introduction
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter
Published: January 2021

This introductory chapter provides a background and an overview of commodities trading. The trade of commodities is the earliest and most basic form of commerce. A central tenet in economics theory, the act of trade or ‘exchange’ of a commodity occurs at the intersection of supply and demand and also where the price or exchange rate is determined. Since commodity prices change based on myriad factors, the volatility of commodities prices is the raison d'etre of why derivatives developed. Derivative markets perform two essential functions: price discovery and hedging. Price discovery is important because it allows market participants to value their financial assets without actually having to sell those items. Hedging is also important because it allows a market participant to offset risks from exposure to financial instruments in its portfolio or that it anticipates buying in the future. The chapter then looks at the rationale for the regulation of trading in commodities-related financial instruments as well as the impact of Brexit on the regulation of commodities trading in Europe.
Commodity Trading Houses
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter
Published: January 2021

This chapter discusses commodity trading houses, which refer to companies that buy and sell physical commodities and commodity derivatives for their own account and/ or on behalf of their customers. Commodity trading houses may be very specialist and deal in a few commodities only or they may have a wide-ranging business covering many different types of commodity. Moreover, commodity trading houses may form part of a wider group, where other parts of the group are in the business of producing commodities, whether that is by extracting them from the ground as a natural resource or manufacturing a usable product from one or more such resources. The commodity trading house may effectively be the marketing entity within the group. Sometimes that marketing entity will also enter into derivatives. The chapter then considers the reasons why commodity trading houses might trade commodity derivatives and the different ways in which such trading can be undertaken. It also studies the regulatory regime applicable to commodity trading houses and the reasons why such companies may fall within the scope of financial services regulation in some countries.
Market Abuse
Authors: De Carvalho Robalo Pedro
Published: January 2021

This chapter assesses market abuse. Market abuse offences, in all of their possible forms, frustrate the concept of market efficiency by allowing undue advantage to the individuals performing the abusive actions, thus jeopardizing the development of fair and orderly markets. In turn, this is likely to harm confidence by undermining investors' beliefs that the market is fair, leading them to withdraw their investments. In Europe, the first European-wide legislative package was initiated with the adoption of the Market Abuse Directive in 2003 (Directive 2003/6/EC), with the aim of providing a broad framework that would address market manipulation and insider dealing practices in the EU. However, in the aftermath of the Financial Crisis in 2008, a review of the regime was required as a number of deficiencies were found. In 2011 and in order to address these issues, the European Commission adopted the proposal for the Regulation on insider dealing and market manipulation (MAR) as well as the Directive on Criminal Sanctions for Insider Dealing and Market Manipulation (CSMAD).
Right to a Competent, Independent and Impartial Tribunal Established by Law
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter discusses the right to a competent, independent, and impartial tribunal established by law, a right that is absolute and non-derogable, and a necessary precondition for the legitimacy of the judicial function in any state. In assessing whether a defendant’s rights to an independent tribunal has been respected, international human rights bodies have focused on key indicators such as how judges are appointed, promoted, assigned to cases, and removed from office. When it comes to impartiality, international bodies have considered whether the judge or juror had a relationship with a party in the case, had previously expressed a view on an issue to be determined in the case, had revealed a prejudice against the defendant, or had participated in the case at an earlier stage.
Right to Counsel
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter addresses the right to counsel, an important, non-derogable right designed to prevent miscarriages of justice when a defendant faces a state that has greater resources, powers, and access to evidence. Under international human rights law, the right to counsel encompasses five main components: the right to be notified of the right to the assistance of counsel; the right to prompt access to qualified counsel, paid for by the state if the defendant is indigent; the right to choose counsel; the right to communicate confidentially with counsel; and the right to act as one’s own counsel. International bodies have defined the broad scope of protection that is afforded to defendants in broadly consistent terms, but the chapter highlights divergences relating to the right to represent oneself, and the circumstances under which international bodies will find that counsel has not been ‘effective’ in a given case.
Right to be Present
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter explores the right to be present, which is a precondition for the realisation of a fair trial. Despite its importance, there is considerable variation in practice regarding the right to be present at the national level. Many civil law systems permit trials to be held in the defendant’s absence, but require a retrial upon the appearance of the defendant. In contrast, trials in absentia are an anathema in common law systems, with temporary absences only permitted in exceptional circumstances, such as defendant misconduct. International human rights law requires that states abide by strict conditions when proceeding with a trial in the absence of the defendant, including providing the right to a retrial if and when the defendant appears. Narrow limits on the right to be present have been developed in the jurisprudence of international bodies, including express waiver by the defendant, implied waiver through absconding or disruptive behaviour, when the defendant cannot be present due to illness, or when the court is considering matters of national security or issues relating to vulnerable witnesses. The right to be present applies during the entire trial process, but it may have a more limited application to pre-trial, appeal and sentencing proceedings. Ultimately, the key issues that arise in defining the right at the international level include the question of whether presence is a right or a duty; whether presence can be achieved through video-link or other technology; how to ensure the rights of the defence during a trial in absentia; the conditions for valid express and implied waivers of the right; the treatment of defendants who are unwell; and the right to retrial following a trial in absentia.
Negotiability, Negotiable Instruments, and the Law of Bills, Notes, and Cheques
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter examines the basic concept of ‘negotiability’ as the transferability of an instrument embodying monetary claims by its physical delivery—possibly free of adverse claims and contract defences to liability under it. Accordingly, one of the typical features of a negotiable instrument is that it may be divorced from the underlying causes and has to be judged on its own merits, independent from the bargain from which the instrument originated and the underlying contract. The chapter then looks at the principal instruments that, subsequent to their emergence and earlier development, were accorded with the quality of negotiability. These instruments are bills of exchange, promissory notes, and cheques. The chapter also discusses the rules governing liability under and transfer of such instruments as a crystallization of the general rules of contract and tangible property, and describes their contemporary uses. Moreover, it outlines early national codification, major difference among the global systems, and major international efforts to unify and substantively harmonize this area of law.
Choice-of-Law Question, Three Major Developments, and the Need for Harmonization
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter focuses on the question of choice-of-law and delineates its common thread within contemporary private law choice-of-law rules. In particular, it demonstrates that despite the variety of names and titles, one can point to three cornerstone developments within the contemporary choice-of-law doctrine, which all can be traced to different degrees of divergence within the various systems. The first development is a relaxation within the classical classification of the subject according to the presence of the so-called ‘foreign element’ in the factual matrix of the case. The second development is the advances of the so-called ‘party autonomy’ principle according to which the parties can agree on the identity of the applied law. Finally, the third development is the advances of the so-called ‘most significant relationship’ (MSR) principle according to which courts are required to assess the factual situation of a case as a whole and to evaluate the significance of the various factors relative to the degree of their connectedness to the particular liability event and the litigating parties. Given the failure of the systems to agree on unification of the substantive law, the chapter then highlights the need for harmonization of choice-of-law relating to negotiable instruments.
Choice-of-Law Rules in the Absence of Party Autonomy
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter discusses the question of which law should apply to adjudicate the parties' rights and duties when the parties have not selected one. It favours the extension of the popular ‘most significant relationship’ (MSR) principle to negotiable instruments law. A careful evaluation of the nature of this principle, and the objections raised against it, points towards its incorporation into this area of law. We challenge the traditional orthodoxies, expose their flawed foundations, and subsequently suggest a fairly dramatic reconsideration of the choice-of-law rules derived from them. The chapter then reveals clear traces of the MSR principle within the traditional and contemporary case law of negotiable instruments. This suggests that this principle has always played a role in the choice-of-law mechanics of the field. The chapter also offers some suggestions as to the operational mechanics of the MSR principle. We contend that the principle should not operate alone but in combination with flexible presumptions, which provide points of departure for choice-of-law analysis.
Putting the Great Enterprise into Context
Authors: Pace John P
Published: January 2021

The Introduction explains the origin and relevance of the description ‘a very great enterprise’ as a theme which runs through the book. The term marked the very first moments when the setting up of a Commission on Human Rights was discussed, as the United Nations was taking shape in 1946. It sets out the author’s involvement in the development of the human rights programme and the hands-on experience in various countries, gained over the decades at the United Nations since 1966 and in other capacities during this century. The book aims ‘to let the historic and actual reality speak for itself’, and thus it covers each session since the first one in 1947, up to 2019. It is followed by a description of the structure of the book, which is intended to provide a solid basis to improve efforts in the years to come.
The Approaches (1955)
Authors: Pace John P
Published: January 2021

This chapter describes the various approaches adopted by the Commission on Human Rights—and later by the Human Rights Council—to support implementation processes, starting with the introduction of Advisory Services in 1955. These were to serve as a support for the Commission’s work in implementing its programme of work, notably the follow-up to its work on the International Bill of Human Rights. These services were to be provided at the request of Governments and to consist of: ‘(i) Advisory services of experts, (ii) Fellowships and scholarships, (iii) Seminars’. In 1956, the Commission opened up yet another approach. The Yearbook on Human Rights had introduced a system of ‘Annual Reports on human Rights’ whereby governments shared information on measures taken at the domestic level. The chapter traces the development of other approaches by the Commission including investigations, regional commissions, national institutions (including the Paris Principles) and voluntary funds. It also looks at the emergence of international (or hybrid) criminal tribunals, all of which included crimes against humanity (or human rights crimes) in their jurisdiction.
The Emergence of International Human Rights Law (1969)
Authors: Pace John P
Published: January 2021

This chapter addresses the emergence of International Human Rights Law. International Human Rights Law consists of international norms set out in instruments adopted over the years. These consist of binding instruments, which carry obligations (such as ‘covenant’, ‘convention’ and ‘protocol’) and non-binding instruments (such as ‘declaration’, ‘guiding principles’, ‘basic principles’ and ‘standard minimum rules’, also described as ‘soft’ law). They are all related, directly or indirectly, to the rights in the International Bill of Human Rights, which may be considered as the substantive canopy of International Human Rights Law. As the International Bill of Human Rights was reaching completion in the mid-1960s, a process developed that complemented the International Bill with conventions on specific rights, protecting (vulnerable) groups, such as the child, women, persons with disabilities and migrant workers, and conventions protecting against the violation of specific rights, such as freedom from racial discrimination, freedom from torture and from involuntary disappearance. The conventions which envisage a system by which an expert body (treaty body) monitors the implementation by States Parties of their treaty obligations came to be referred to as ‘core’ conventions. The chapter also looks at non-core conventions, as well as declarations and other norms.
Introduction
Authors: Yu Jianlong , Cao Lijun
Published: January 2021

This chapter provides an overview of arbitration in China, as well as the arbitration and other dispute resolution services provided by the China International Economic and Trade Arbitration Commission (‘CIETAC’). The legal framework governing arbitration in China consists of: (1) statutory law; (2) judicial interpretations; and (3) international treaties. In addition, special provisions have been put into place to deal with arbitration matters involving China and the special administrative regions of Hong Kong and Macao; these special provisions are promulgated in mainland China as judicial interpretations. The chapter distinguishes between domestic and foreign arbitration, and looks at the framework of institutional arbitration in China. It then details the important features of CIETAC arbitration. The CIETAC is China’s pre-eminent arbitral institution and has played the dominant role in the arbitration of Chinese-foreign business disputes for over sixty years.
General Provisions
Authors: Yu Jianlong , Cao Lijun
Published: January 2021

This chapter examines some of the general provisions of the current CIETAC Rules. It covers the Scope of Application (Article 4), the Interpretations of the Rules (Article 83), and Coming into Force of the Rules (Article 84), which are necessary provisions for any set of rules. In accordance with Article 4.1, the CIETAC Rules will be applied uniformly to all arbitrations administered by the CIETAC headquarters in Beijing or by the CIETAC’s sub-commissions and arbitration centres, including the CIETAC Hong Kong Arbitration Center. Article 4.2 provides that whenever parties have agreed to ‘arbitration by CIETAC’, they will be deemed to have agreed to the application of the CIETAC Rules. The chapter then describes other general but important provisions, including: Place of Arbitration (Article 7); Service of Documents and Periods of Time (Article 8); and Language (Article 81). Undoubtedly, the place of arbitration, the service of process, and the language of arbitration are fundamental aspects for any arbitration case. Lastly, the chapter looks at two general principles for commercial arbitration: Good Faith (Article 9); and Waiver of Right to Object (Article 10).
Arbitration Agreement
Authors: Yu Jianlong , Cao Lijun
Published: January 2021

This chapter discusses the important subject of arbitration agreement, covering Article 5 and Article 6 of the CIETAC Rules. Article 5.1 defines ‘arbitration agreement’ as ‘an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration’. In practice, arbitration agreements may be established in one of the following three ways in China: contract clause; submission agreement; and incorporation by reference. The chapter then looks at the statutory requirements for a valid arbitration agreement; the common defects of arbitration agreements; the separability of arbitration agreements; and the binding effect of an arbitration agreement on non-signatory parties. Meanwhile, Article 6 sets forth provisions with regard to objection to arbitration agreement and/or arbitral jurisdiction. The chapter considers several aspects of the court’s procedure in deciding on objection to arbitration agreement, and the Reporting Mechanism of the PRC courts in regard to deciding on arbitration-related matters.
Complex Arbitration
Authors: Yu Jianlong , Cao Lijun
Published: January 2021

This chapter studies complex arbitration, covering Articles 14, 18, and 19 of the CIETAC Rules. Under Article 14, the Claimant can initiate a single arbitration for disputes arising out of multiple contracts as long as the three requirements set out in Article 14 are met. Since the 2015 CIETAC Rules came into effect, Article 14 is frequently invoked in regard to disputes arising out of transactions such as international sales of goods, financial lease, and construction contracting and sub-contracting. Article 18 concerns the joinder of additional parties. Joinder refers to the situation where there is an arbitration pending under the CIETAC Rules and one or more additional parties are subsequently joined to the proceedings. Meanwhile, Article 19 deals with the consolidation of arbitrations, a procedure in which two or more pending arbitrations are merged into a single arbitration and handled by a single arbitral tribunal.
Revealing the cosmic reionization history with fast radio bursts in the era of Square Kilometre Array
Authors: Hashimoto Tetsuya , Goto Tomotsugu , Lu Ting-Yi , On Alvina Y L , Santos Daryl Joe D , Kim Seong Jin , Eser Ece Kilerci , Ho Simon C-C , Hsiao Tiger Y-Y , Lin Leo Y-W
Published: January 2021

Revealing the cosmic reionization history is at the frontier of extragalactic astronomy. The power spectrum of the cosmic microwave background (CMB) polarization can be used to constrain the reionization history. Here, we propose a CMB-independent method using fast radio bursts (FRBs) to directly measure the ionization fraction of the intergalactic medium (IGM) as a function of redshift. FRBs are new astronomical transients with millisecond time-scales. Their dispersion measure (DMIGM) is an indicator of the amount of ionized material in the IGM. Since the differential of DMIGM against redshift is proportional to the ionization fraction, our method allows us to directly measure the reionization history without any assumption on its functional shape. As a proof of concept, we constructed mock non-repeating FRB sources to be detected with the Square Kilometre Array, assuming three different reionization histories with the same optical depth of Thomson scattering. We considered three cases of redshift measurements: (A) spectroscopic redshift for all mock data, (B) spectroscopic redshift for 10 per cent of mock data, and (C) redshift estimated from an empirical relation of FRBs between their time-integrated luminosity and rest-frame intrinsic duration. In all cases, the reionization histories are consistently reconstructed from the mock FRB data using our method. Our results demonstrate the capability of future FRBs in constraining the reionization history.
Heparin fragments induce cervical inflammation by recruiting immune cells through Toll-like receptor 4 in nonpregnant mice
Authors: Åkerud Anna , Axelsson Jakob , Yadav Manisha , Erjefält Jonas , Ekman-Ordeberg Gunvor , Malmström Anders , Fischer Hans
Published: January 2021

Inflammation is a hallmark in the human cervix remodelling. A possible candidate inducing the inflammatory driven ripening of the cervix is the matrix component heparan sulphate, which has been shown to be elevated in late pregnancy in the cervix and uterus. Heparin and a glycol-split low molecular weight heparin (gsHep) with low anticoagulant potency has been shown to enhance myometrial contraction and interleukin (IL)-8 production by cervical fibroblasts. The aim of this study was to investigate the mechanism by which heparin promotes cervical inflammation. Wild-type, Toll-like receptor 4 (TLR4), Myeloid differentiation primary response gene 88 (MyD88) and Interferon regulatory factor 3 (IRF3)-deficient mice were treated by deposition of gsHep into the vaginas of nonpregnant mice. To identify which cells that responded to the heparin fragments, a rhodamine fluorescent construct of gsHep was used, which initially did bind to the epithelial cells and were at later time points located in the sub-mucosa. The heparin fragments induced a strong local inflammatory response in wild-type mice shown by a rapid infiltration of neutrophils and to a lesser extent macrophages into the epithelium and the underlying extracellular matrix of the cervix. Further, a marked migration into the cervical and vaginal lumen was seen by both neutrophils and macrophages. The induced mucosal inflammation was strongly reduced in TLR4- and IRF3-deficient mice. In conclusion, our findings suggest that a TLR4/IRF3-mediated innate immune response in the cervical mucosa is induced by gsHep. This low anticoagulant heparin version, a novel TLR4 agonist, could contribute to human cervical ripening during the initiation of labour.
Aberrant splicing in neuroblastoma generates RNA-fusion transcripts and provides vulnerability to spliceosome inhibitors
Authors: Shi Yao , Yuan Juan , Rraklli Vilma , Maxymovitz Eva , Cipullo Miriam , Liu Mingzhi , Li Shuijie , Westerlund Isabelle , Bedoya-Reina Oscar C , Bullova Petra , Rorbach Joanna , Juhlin C Christofer , Stenman Adam , Larsson Catharina , Kogner Per , O’Sullivan Maureen J , Schlisio Susanne , Holmberg Johan
Published: January 2021

The paucity of recurrent mutations has hampered efforts to understand and treat neuroblastoma. Alternative splicing and splicing-dependent RNA-fusions represent mechanisms able to increase the gene product repertoire but their role in neuroblastoma remains largely unexplored. Here we investigate the presence and possible roles of aberrant splicing and splicing-dependent RNA-fusion transcripts in neuroblastoma. In addition, we attend to establish whether the spliceosome can be targeted to treat neuroblastoma. Through analysis of RNA-sequenced neuroblastoma we show that elevated expression of splicing factors is a strong predictor of poor clinical outcome. Furthermore, we identified >900 primarily intrachromosomal fusions containing canonical splicing sites. Fusions included transcripts from well-known oncogenes, were enriched for proximal genes and in chromosomal regions commonly gained or lost in neuroblastoma. As a proof-of-principle that these fusions can generate altered gene products, we characterized a ZNF451-BAG2 fusion, producing a truncated BAG2-protein which inhibited retinoic acid induced differentiation. Spliceosome inhibition impeded neuroblastoma fusion expression, induced apoptosis and inhibited xenograft tumor growth. Our findings elucidate a splicing-dependent mechanism generating altered gene products in neuroblastoma and show that the spliceosome is a potential target for clinical intervention.
Self-reported pain or injury from equipment used on military deployment
Authors: Runge C E , Moss K M , Dean J A , Waller M J
Published: January 2021

Background

Information about pain and injury from equipment on a particular deployment is not disaggregated in the literature; thus, the nature of the issue is unclear.

Aims

To determine the prevalence of pain or injury during a particular deployment that military personnel attributed to equipment they used on this deployment; and to document the types of equipment they identified, the type of pain or injury and how they thought the pain or injury occurred.

Methods

This paper analyses data from a deployment and health survey of Australian Defence Force personnel. The participants are 8932 personnel who deployed to Iraq and 6534 who deployed to Afghanistan. Participants indicated whether they experienced pain or injury from equipment they used on deployment and detailed their experiences in response to an open-ended question (n = 563).

Results

Sixteen per cent of Iraq-deployed and 21% of Afghanistan-deployed participants reported pain or injury from equipment they used on deployment. Body armour was the most common equipment identified; however, a wide range of equipment was related to pain or injury. A new finding is that pain or injury related to armour was attributed to its wear in vehicles and during vehicle ingress or egress.

Conclusions

Knowledge of the nature of pain or injury related to equipment used on deployment may help inform improved designs and practices to reduce or prevent avoidable harm to serving personnel.
Covid-19 presentation among symptomatic healthcare workers in Ireland
Authors: O’Sullivan G , Jacob S , Barrett P M , Gallagher J
Published: January 2021

Background

It is recognized that healthcare workers (HCWs) are at high risk of contracting Covid-19. It is incumbent on occupational health staff to recognize potential symptoms of Covid-19 among HCWs.

Aims

The aims of the study were to describe the presenting symptoms of HCWs who developed Covid-19 in Ireland, and to estimate the odds of specific symptoms being associated with a positive Covid-19 polymerase chain reaction (PCR) result.

Methods

A retrospective chart review of all symptomatic HCWs who self-presented for Covid-19 testing in Cork from March to May 2020 was conducted. A sex-matched case–control study was carried out to compare presenting features among those who tested positive compared to those who tested negative. Univariate and multivariable-adjusted conditional logistic regression models were run using Stata 15.0 to identify the symptoms associated with positive Covid-19 swab results.

Results

Three hundred and six HCWs were included in the study; 102 cases and 204 controls. Common presenting features among cases were fever/chills (55%), cough (44%) and headache (35%). The symptoms which were significantly associated with a positive Covid-19 swab result were loss of taste/smell (adjusted odds ratio [aOR] 12.15, 95% confidence interval [CI] 1.36–108.79), myalgia (aOR 2.36, 95% 1.27–4.38), fatigue (aOR 2.31, 95% CI 1.12–4.74), headache (aOR 2.11, 95% CI 1.19–3.74) and fever/chills (aOR 1.88, 95% CI 1.12–3.15).

Conclusions

Fever, fatigue, myalgia, loss of taste/smell and headache were associated with increased odds of a Covid-19 diagnosis among symptomatic self-referred HCWs compared with those had negative swab results. Testing criteria for HCWs should reflect the broad range of possible symptoms of Covid-19.
Tractography-Guided Anterior Capsulotomy for Major Depression and Obsessive-Compulsive Disorder: Targeting the Emotion Network
Authors: Avecillas-Chasin Josue M , Hurwitz Trevor A , Bogod Nicholas M , Honey Christopher R
Published: January 2021

BACKGROUND

Bilateral anterior capsulotomy (BAC) is an effective surgical option for patients with treatment-resistant major depression (TRMD) and treatment-resistant obsessive-compulsive disorder (TROCD). The size of the lesion and its precise dorsal-ventral location within the anterior limb of the internal capsule (ALIC) remain undefined.

OBJECTIVE

To present a method to identify the trajectories of the associative and limbic white matter pathways within the ALIC for targeting in BAC surgery.

METHODS

Using high-definition tractography, we prospectively tested the feasibility of this method in 2 patients with TRMD and TROCD to tailor the capsulotomy lesion to their limbic pathway.

RESULTS

The trajectories of the associative and limbic pathways were identified in the ALIC of both patients and we targeted the limbic pathways by defining the dorsal limit of the lesion in a way to minimize the damage to the associative pathways. The final lesions were smaller than those that have been previously published. This individualized procedure was associated with long-term benefit in both patients.

CONCLUSION

Tractography-guided capsulotomy is feasible and was associated with long-term benefit in patients with TRMD and TROCD.
Continuous Intraoperative Neurophysiological Monitoring of the Motor Pathways Using Depth Electrodes During Surgical Resection of an Epileptogenic Lesion: A Novel Technique
Authors: Chen Denise F , Willie Jon T , Cabrera David , Bullinger Katie L , Karakis Ioannis
Published: January 2021

BACKGROUND AND IMPORTANCE

Intraoperative neurophysiological monitoring of the motor pathways during epilepsy surgery is essential to safely achieve maximal resection of the epileptogenic zone. Motor evoked potential (MEP) recording is usually performed intermittently during resection using a handheld stimulator or continuously through an electrode array placed on the motor cortex. We present a novel variation of continuous MEP acquisition through previously implanted depth electrodes in the perirolandic cortex.

CLINICAL PRESENTATION

A 60-yr-old woman with a history of a left frontal meningioma (World Health Organization [WHO] grade II) treated with surgical resection and radiation presented with residual right hemiparesis and refractory epilepsy. Imaging demonstrated a perirolandic lesion with surrounding edema and mass effect in the prior surgical site, suspicious for radiation necrosis versus tumor recurrence. Presurgical electrocorticography (ECoG) with orthogonal, stereotactically implanted depth electrodes (stereoelectroencephalography [SEEG]) of the perirolandic cortex captured seizure onsets from the supplementary motor area (SMA) and primary motor cortex (PMC). The patient underwent a left frontal craniotomy for repeat resection and tissue diagnosis. Intraoperative ECoG and MEPs were obtained continuously with direct cortical stimulation through the indwelling SEEG electrodes in the PMC. Maximal resection was achieved with preservation of direct cortical MEPs and without deterioration of her baseline hemiparesis. Biopsy revealed radiation necrosis. At 30-mo follow-up, the patient had only rare seizures (Engel class IIB).

CONCLUSION

Intraoperative cortical MEP acquisition through implanted SEEG electrode arrays is a potentially safe and effective alternative approach to continuously monitor the motor pathways during the resection of a perirolandic epileptogenic lesion, without the need for surgical interruptions.
Why We Should Reject Transhumanists’ Entire Lens on the Mind and Brain
Authors: Levin Susan B.
Published: January 2021

“Basic-emotion” and “dual-process” theorists, joined by transhumanists, view the mind as a set of compartments whose functionality is explained by dedicated areas or systems in the brain. The two theoretical approaches reflect core misconceptions and have been supplanted by “appraisal theory.” Beyond capturing well the entwining of reason and emotion in our mental operations, Klaus Scherer’s version of appraisal theory is compatible with mounting evidence of the brain’s complexity. Having developed a scientific line of argument against transhumanists’ lens on the mind and brain, the author turns to Aristotle’s rational essentialism. Wrongly invoked to support transhumanists’ extreme version, Aristotle’s rational essentialism incorporates a necessary role for nonrational faculties and intrapsychic harmony. While transhumanists’ lens on the mind and brain is at odds with contemporary findings, Aristotle’s view of the mind shares important commitments with Scherer’s appraisal theory and is broadly compatible with an emerging picture of the brain’s complexity.
Creating a Higher Breed
Authors: Levin Susan B.
Published: January 2021

The bulwark of transhumanists’ defense against assertions of common ground between their views and prior eugenics is that it was state managed, while transhumanism features autonomy. That their rejection of substantive ties features this contrast shows their awareness of its pivotal role. When transhumanists distance themselves from eugenic history, Nazi eugenics is typically at the fore. Reference to it does not settle the matter, however, for an investigation of links between transhumanism and Anglo-American eugenics yields important connections that span notions of human agency, views of our mental faculties, utilitarian commitments, and their sociopolitical implications. Careful study of writings from both periods allows one to show how close the parallels between them are on the level of ideas and, in some cases, the very terms of their formulation. Knowledge of these connections casts unsettling light, indeed, on transhumanists’ yearning to realize what they deem perennial human ideals.
Transhumanists’ Informational View of Being and Knowledge
Authors: Levin Susan B.
Published: January 2021

What transhumanists see as context-independent truths involving knowledge and reality are actually holdovers from World War II and its aftermath: prior to the 1940s and 1950s, the informational view of reality and knowledge that soon appeared self-evidently true did not exist. The concept of information emerged unscathed by the failure of the earliest attempts to apply information theory to biology, firmly attaching to DNA, and human biology was deemed highly manipulable. Transhumanism channels this perspective on human biology, one that science itself shows increasingly to be outdated. Beyond their problematic informational frame, transhumanists fail to appreciate what it means for us to think or experience anything at all as human beings. Though Immanuel Kant is cited as a backdrop for their focus on humanity’s self-transcendence via rationality, extrapolation from his Critique of Pure Reason shows their confidence that human reason will spur the creation of posthumanity to be irrational.
Living Virtuously as a Regulative Ideal
Authors: Levin Susan B.
Published: January 2021

Transhumanists accuse their critics of pessimism and defeatism, but they display these attitudes toward humanity itself. Marked improvements in our situation must stem from dedicated efforts to narrow the gap between reflectively affirmed human ideals and their worldly manifestations. Virtue ethics is well poised to serve as an umbrella for these efforts because it concentrates on who we are as people, integrating levels of concern, individual up through civic. A potent way to mobilize people is to tap into what many already care substantially about but whose opportunities for cultivation and expression are constricted as things stand. In the United States, both virtue and core American ideals fit the bill. Recourse to the writings of Martin Luther King Jr. shows that virtue ethics and liberal commitments to justice and equality are compatible. The approach to virtue ethics whose cornerstones the author sketches in this chapter is rooted in Aristotle but adapted to America today.
Introduction
Authors: Black Timothy , Keyes Sky
Published: January 2021

The engaged and nurturing father has gained cultural traction in a short period of time. The authors argue that socially and economically marginalized fathers have embraced the new normative expectations of the engaged father and have been encouraged to do so through popular culture and the media; in state welfare, child protection, and probation offices; in jails, prisons, and post-release programs, and in child support and family courts. Within these institutions, they have learned that it is up to them to make better choices, to get themselves together, and to be involved fathers. The authors stress, however, that without substantial changes to the economic, political, and social conditions that facilitate engaged and nurturing fatherhood, these fathers are being “set up.” This chapter describes the argument, the characteristics of the 138 fathers and 41 mothers profiled in the book, the social-historical dynamics of inequality in Connecticut, and the organization of the book.
Intimacy, Masculinity, and Relating
Authors: Black Timothy , Keyes Sky
Published: January 2021

The era of neoliberalism has made it more difficult for low-income men to be fathers, at the same time that the expectations for them to be involved fathers has increased. The norms and expectations of “father involvement” have changed rapidly within one to two generations, and yet the labor force and state institutions have not supported low-income families in a way to achieve this. In this chapter, the authors examine how fathers have adapted to these changing circumstances. They consider how the casualization of the labor force has structured the casualization of family life; the essential and yet complicated role that kin play; the neotraditional formation of the family and the “new father” role; the efforts to father through generational family violence and to address toxic masculinity; and the contours of fatherhood as men age into second-generation fathers.
Conclusion
Authors: Black Timothy , Keyes Sky
Published: January 2021

The instability that neoliberal capitalism has sewn into the social fabric reaches across social classes, but its most incendiary effects reach deep into the communities, families, and relationships of lower income populations. Fragile fathers are caught in a web of contradictions shaped by the processes of racial and class marginalization. In this concluding chapter, the authors summarize these contradictions. Drawing on policy researchers, they also outline a broad scope of public policies that would be needed to address the adverse conditions for parenting on the social and economic margins. However, in the end, they argue for a movements-based political solution that draws on the theories and ideas of second- and third-generation feminists.
A Team Approach to Teaching Music to Students with Autism Spectrum Disorder
Authors: Hammel Alice M. , Hourigan Ryan M.
Published: January 2021

Successful inclusion of students with autism spectrum disorder into the music classroom depends heavily on the positive relationships formed among general education teachers, music educators, special educators, administrators, paraprofessionals, parents, and students. This chapter includes information regarding learning about students with autism spectrum disorder; establishing relationships with other special educators, therapists, and administrator; establishing relationships with other staff members; participating in meetings (including IEP meetings); understanding how least restrictive environment (LRE) applies to students with autism; and making use of student profiles as data.
Setting the Scene
Authors: Zerilli John
Published: January 2021

The modularity of mind has been understood in various ways, amended as evidence from neuroscience has forced the theory to shed various structural assumptions. Neuroplasticity has, for better or worse, challenged many of the orthodox conceptions of the mind that originally led cognitive scientists to postulate mental modules. Similarly, rapidly accumulating neuroscientific evidence of the reuse or redeployment of neural circuits, revealing the integrated and interactive structure of brain regions, has upset basic assumptions about the relationship of function to structure upon which modularity—not to say neuroscience itself—originally depended. These movements, developments, and cross-currents are the subject of this book. This chapter outlines the basic argument of the book and its motivation.
The Language Module Reconsidered
Authors: Zerilli John
Published: January 2021

There seems to be no language module, no elementary linguistic unit, no hardwired language organ. Language was probably assembled from older sensory-motor and nonlinguistic materials. Neuroimaging, biobehavioral, computational, and evolutionary considerations all point to the same conclusion. Such linguistic adaptations as there have been have been coopted in many other domains of cognition. The sort of cultural environment in which language exists is too unstable to provide the conditions for typical selection scenarios in which robust phenotypes can emerge, and the brain anyway negotiates energetic constraints by repurposing existing resources to meet new challenges. Language acquisition frequently does seem effortless on the child’s part, and exhibits a degree of developmental robustness. But the ease of acquisition has probably been exaggerated, and the child’s environment is not so impoverished as was once assumed. In any case, such ease of acquisition can be explained other than by postulating exotic and impossible-to-evolve circuitry. Language has been shaped by the brain far more than the brain has been shaped by language. Cultural evolution is a powerful factor in human history, and is more than sufficient to explain why languages seem to run so well with the grain of the human mind. It is true that language dissociates from other cognitive skills, at least in some respects, but the Redundancy Model puts this sort of modularization in its proper context.