bluuebunny/crossref_metadata_2025 huggingface dataset:
Research Is Spared the Budget Ax
Authors: Balter Michael
Published: October 2021

Paris—French scientists are breathing a collective sigh of relief this week followingthe announcement of France's 1997 budget on 18 September. Research emerged comparatively unscathed from a frenzy of spending cuts that will produce the most austere national budget in decades. Although overall civilian research and development spending will fall about 1.5% (not counting an inflation rate of about 2.1%), a combination of reoriented priorities and cuts in overheads should protect current spending levels in France's publicly funded research laboratories, and even give a small but badly needed boost to university-based research. Also holding steady are France's space programs, projected at $1.85 billionfor 1997, an impressive 18% of the $10.2 billion civilian R&D budget.
No Respite for International Labs
Authors: Koenig Robert
Published: October 2021

Berlin—The German government's proposed cuts in its 1997 research and education budget are encountering opposition from parliamentarians trying to protect domestic research. Research and education minister Jürgen Rüttgers is seeking approval for a $10 billion budget—2.5% less than this year—and is also trying to streamline Germany's research centers by reducing government regulation, increasing autonomy, and making the funding process more competitive. Also at stake are the substantial German contributions to four international labs: the CERN particle physics center, the European Southern Observatory, the European Synchrotron Radiation Facility, and the Institut Laue-Langevin.
Explosive Growth Helps Japan Take Its Place on Global Team
Authors: Valigra Lori
Published: October 2021

Rapid growth in the capacity of Japan's scientific computer networks is paving the wayfor a host of high-profile international ventures and a growing number of collaborations within Japan and around the world. From monitoring the oceans to sequencing the human genome, this new capability has allowed Japan to make its own, unique contribution to globalscience. It has also begun to open up the traditionally isolated culture of Japanese science, forcing researchers and agencies to think in new ways about how to conduct and manage research.
New Networks Aren't Good Enough
Authors: Valigra Lori
Published: October 2021

Japan has moved so rapidly in the past 2 years to link islands of information in university and government laboratories that its science networks are now choked with traffic. While plans are in place for upgrades in speed and capacity, it's not clear whether the money available will be enough to keep up with the explosive growth.
Turning Bad Oil Into Black Gold Takes a Wrong Turn
Authors: Lawler Andrew
Published: October 2021

Neal Miller has no complaints about the work by engineers from Los Alamos National Laboratory on a collaboration withhis company, Centech Inc., to automatic a process that cleans up contaminated oil. But he's blown his stack over the waythat their bosses, and the Department of Energy, have cut back on funding and support for such cooperative agreements with industry.
Critics Say Laskers Omitted NO Pioneer
Authors: Marshall Eliot
Published: October 2021

The prestigious Albert Lasker Basic Medical Research Award was given earlier this month to Robert Furchgott and Ferid Murad for “seminal and ingenious discoveries which led to the fundamental understanding of the role of nitric oxide in health and disease.” But some researchers, including several Nobel Prize-winners, argue that another pioneer in the field should also have been recognized: Salvador Moncada of University College, London. And some say that a fourth important leader was left out: Lou Ignarro of the University of California, Los Angeles.
Planets Galore, But No Place Like Home
Authors: Schilling Govert
Published: October 2021

Baltimore—Since astronomers reported the first planet outside the solar system 4 years ago, the pace of discovery has quickened to an average of two every 3 months over the last year. At a workshop here last week, observers turned up the pace another notch with reports and rumors of several new planets and planetlike objects, including one around a star that is a virtual twin of the sun.
Battle Ends in $21 Million Settlement
Authors: Marshall Eliot
Published: October 2021

A 12-year-old fight that focused on the confidentiality of peer review ended abruptly last week onthe eve of a jury trial in U.S. court in Seattle. While not admitting any wrongdoing, Immunex Corp. of Seattle agreed to pay $21 million and turn over to the plaintiff, Cistron Biotechnology of Pine Brook, New Jersey, a set of patents Immunex had been accused of obtaining in part by using data from an unpublished Cistron paper.
Long-Awaited R&D Plan Short on Action
Authors: Williams Nigel
Published: October 2021

The Irish government last week published its long-awaited, first-ever white paper on science and technology. But researchers' initial delight soon turned to concern over the shortage of firm promises: The white paper proposes new mechanisms for establishing science policy, but contains no hoped-for pledges to increase funding.
Picking Out the True Grit of Stars
Authors: Glanz James
Published: October 2021

The explosion of stardust studies wouldn't be possible without technologies that can identify genuine bits of stars in grit extracted from meteorites. One device can map the isotopic compositions of dozens of grains at once, revealing the occasional anomalous grain--a likely bit of stardust
Top-Ranked Departments, 1991-95
Authors: Clery Daniel
Published: October 2021

The Universities of Oxford and Cambridge still have gold-plated reputations in British science, but they do not have a monopoly on the hot papers, according to statistics on citation impact soon to be published by the Institute for Scientific Information. Although Oxford or Cambridge generated the most papers in 13 of the 21 fields surveyed, and Oxford achieved the highest impact in four, Cambridge only came top in one, while four other universities topped two
Kessler's Legacy: Unfinished Reform
Authors: Stone Richard
Published: October 2021

Paris—While the scientific underpinnings of the International Thermonuclear Experimental Reactor (ITER) program are under attack in the United States (see lead story), the $10 billion project continues to gather momentum in Europe. A panel of scientists and industrialists appointed by the European Commission has given the European arm of the effort, meant to demonstrate the feasibility of fusion power, a resounding pat on the back.
Science Stagnates in Election Budget
Authors: Williams Nigel
Published: October 2021

London—The British government unveiled budget proposals last week that provide little solace to the country's beleaguered scientists. In the budget, the last to be offered by the Conservative government before it calls a general election, science spending will be frozen at $2.1 billion, which amounts to a 2.5% cut in real terms, but the government did backtrack on last year's cuts to science equipment for universities.
Green Grass, Cool Climate?
Authors: Kaiser Jocelyn
Published: October 2021

A new, long-term study of grasslands (see
p. 1720
) suggests that nitrogen deposition from the burning of fossil fuels and the use of agricultural chemicals may not be helping to mitigate possible global warming after all. Nitrogen “fertilizes” ecosystems, making plants grow bigger, sequestering more carbon aboveground. But nitrogen also favors the growth of fast-growing, invasive species, which aren't very good at fixing carbon in soils.
RNA Editing Hints of a Remarkable Diversity in Gene Expression Pathways
Authors: Seiwert Scott D.
Published: October 2021

The grand prize winner of the 1996 Pharmacia Biotech &
Science
Prize, Scott Seiwert, describes his work and that of others on RNA editing in trypanosomes.
Members Holding Longest Continuous Membership in the American Association for the Advancement of Science
Authors: Howard L. O.
Published: October 2021

Through a clerical oversight, by reason of the original list having been drawn up for another purpose, the following names were inadvertently omitted from the roll of those who now hold the longest continuous membership in the American Association, printed in SCIENCE for December 3. It will be noted that all in the following list are Life Fellows of the Association.

*Hitchcock, Charles Henry, Ph.D., LL.D., Honolulu, Hawaii. (11.) 1874. E.

*Lyman, Benjamin Smith, E.M., 708 Locust Street, Philadelphia, Pa. (15.) 1905. E.

*Gilbert, Grove Karl, LL.D., U. S. Geological Survey, Washington, D.C. (18.) 1874. E.

*Morse, Edward Sylvester, Ph.D., Peabody Museum, Salem, Mass. (18.) 1874. F, H.

*Stephens, W. Hudson, Lowville, N. Y. (18.) 1874. E, H.

*Warner, James D., 463 East 26th Street, Flatbush, Brooklyn, N. Y. (18.) 1874. A, B.

*Hanaman, Charles Edward, Troy, N. Y. (19.) 1883. F.

*Mendenhall, Thomas Corwin, Ph.D., Sc.D., LL.D., 329 North Chestnut St., Ravenna, Ohio. (20.) 1874. B.
Atomic Nuclei
Authors: McLennan J. C.
Published: October 2021

In my address printed in SCIENCE on March 3 last, the following corrections should be made:

1. In the last line of page 225, 3 × 10
-13
cm. should read 3 × 10
-12
cm.

2. In the fifth line, column 1, of page 226, 3 × 10
-13
cm. should read 3 × 10
-12
cm.

3. In the twenty-seventh line, column 1, page 226, 3 × 10
-12
cm. should read 3 × 10
-13
cm.

These errors were made in the copy and inadvertently overlooked by me in the proof.
Stinging Crystals in Plants
Authors: Herbert D. A.
Published: October 2021

The results go to show that in the case of plants with stinging crystals, the action consists of two distinct stages: (1) The mechanical action of the raphides in piercing the skin; (2) The entrance through the minute wounds of a proteolytic enzyme which is the cause of the greater part of the effect.

The removal of the crystals by filtration or the destruction of the enzyme will not eliminate all the irritating properties, but the two actions together are sufficient, and so the action must be regarded as being produced by combination of the two factors.
Qijiaoshengbai Capsule for Leukopenia: A Systematic Review and Meta-Analysis of Randomized Controlled Trials
Authors: Fu Hongfang , Wang Yilan , Feng Haoyue , Zhang Yang , Hu Xiaoyu
Published: October 2021

Qijiaoshengbai capsule (QJSBC) is a type of proprietary Chinese medicine, which is an effective treatment for leukopenia in clinical practice. The purpose of this study is to evaluate the efficacy of QJSBC in improving specific clinical indicators, in patients with leukopenia of various origins. A total of seven electronic databases were searched, up until an end date of April 30, 2021, and a selection of clinical indicators was noted. The primary indicators of concern were related to blood: white blood cells (WBC). Secondary indicators were hemoglobin (Hb), platelets (PLT), neutrophils (NEU), bone marrow suppression rate (BMSR), and effective rate (ER). The methodological quality of the included trials was analyzed using a risk of bias assessment, as per the Cochrane Manual. The meta-analysis was performed using RevMan 5.4. Results. Twenty-four randomized controlled trials involving a total of 2,692 participants were included in this review. We found that QJSBC had a positive effect on increasing WBC, HB, PLT, and NEU and improving BMSR and ER. Conclusion. When compared with conventional chemotherapy (CC), conventional radiotherapy (CR), combined chemotherapy and radiotherapy (CC + CR), or conventional treatment (CT), the use of QJSBC combined therapy can effectively improve the clinical outcome for patients with leukopenia. However, a larger sample size and a more standardized, high-quality study are required to validate these results.
Paraplegia after Hypotension with Pneumothorax Episode during Thoracic Spine Tumor Surgery
Authors: Liu Zhao-Quan , Liao Jen-Hsien , Chang Chih-Ju
Published: October 2021

Paraplegia after spine surgery is a catastrophic complication. Here, we present a patient who, following laminectomy and fusion for decompression of metastatic tumor, developed paraplegia. We tried to find out the possible reason for the paraplegia. Due to prolonged hypotension during operation and new onset of pneumothorax, we think that intraoperative prolonged hypotension leads to the spinal cord ischemia which may cause neurological deterioration of paraplegia. Maintaining hemodynamic stability during spinal surgery is very important.
A Novel TRNG Based on Traditional ADC Nonlinear Effect and Chaotic Map for IoT Security and Anticollision
Authors: Li Gang , Sun Haoyang , Wu Peiqi , Zhou Yuedan , Fang Xiaochuan , Li Zhenbing , Li Jian , Huang Yongjun , Wen Guangjun
Published: October 2021

In the rapidly developing Internet of Things (IoT) applications, how to achieve rapid identification of massive devices and secure the communication of wireless data based on low cost and low power consumption is the key problem to be solved urgently. This paper proposes a novel true random number generator (TRNG) based on ADC nonlinear effect and chaotic map, which can be implemented by traditional processors with built-in ADCs, such as MCU, DSP, ARM, and FPGA. The processor controls the ADC to sample the changing input signal to obtain the digital signal DADC and then extracts some bits of DADC to generate the true random number (TRN). At the same time, after a delay based on DADC, the next time ADC sampling is carried out, and the cycle continues until the processor stops generating the TRN. Due to the nonlinear effect of ADC, the DADC obtained from each sampling is stochastic, and the changing input signal will sharply change the delay time, thus changing the sampling interval (called random interval sampling). As the input signal changes, DADC with strong randomness is obtained. The whole operation of the TRNG resembles a chaotic map, and this method also eliminates the pseudorandom property of chaotic map by combining the variable input signal (including noise) with the nonlinear effect of ADC. The simulation and actual test data are verified by NIST, and the verification results show that the random numbers generated by the proposed method have strong randomness and can be used to implement TRNG. The proposed TRNG has the advantages of low cost, low power consumption, and strong compatibility, and the rate of generating true random number is more than 1.6 Mbps (determined by ADC sampling rate and processor frequency), which is very suitable for IoT sensor devices for security encryption algorithms and anticollision.
Health Care Fictions: The Business of Medicine and Modern US Literature
Authors: Halpern Ira
Published: October 2021

The literary and cultural dimensions of the longstanding US political debate over public versus private health care have been critically underexplored. How did early twentieth-century US writers portray the business of medical care within a stratified US economy? In Robert Herrick’s The Healer (1911), Wallace Thurman and A. L. Furman’s The Interne (1932), and Frank G. Slaughter’s That None Should Die (1941), the problems of inequality, profit, and corruption plague the practice of professional medicine. The writers of these novels do not, for the most part, blame the trouble with care on individual nurses, doctors, or other medical staff. Instead of exposing the power of individual medical practitioners to exploit bodies, these novels call attention to the power of capitalism and inequality to distort and derange the mission of medicine. Yet, the political critiques offered by health care fictions are foreclosed by anxieties about collective reform and government intervention in health care. So, this article asks why some of the most sustained literary treatments of capitalist medicine in US literature ultimately retreat from the structural critiques that they themselves raise.
Muriel Rukeyser “among Wars”: Feminist Internationalism in the Second Wave
Authors: Huber Sam
Published: October 2021

In her poems of the 1960s and 1970s, Muriel Rukeyser developed feminist internationalist alternatives to both masculinist antiwar politics and isolationist currents of women’s liberation. At the same time that the nascent women’s liberation movement appeared to turn inward to a domestic scene of women’s oppression, feminist internationalists politicized personal life by confronting the entanglement of home, family, and the frontlines of a distant war in Vietnam. Key poems from Rukeyser’s 1968 collection The Speed of Darkness were excerpted widely and embraced as authorizing exemplars of a new feminist poetry that aimed to express hidden truths of women’s lives. But considered in the context of the original volume and alongside the writings of other feminist internationalists, these poems evince a different aim: rather than exhuming and conveying intimate experience, Rukeyser renders it permeable. Her poems of the late 1960s conjure an internationalist atmosphere in which to immerse their readers. Rukeyser’s feminist internationalism requires us to more radically reconceive second-wave feminism as an intellectual and cultural terrain always in contact with a range of movements, sites, and subjects, irreducible even in its earliest years to the fractious organizational landscape of women’s liberation.
Democratic Aesthetics: Scenes of Political Violence and Anxiety in Nari Ward and Ocean Vuong
Authors: Scully Matthew
Published: October 2021

By attending to art and writing that interrogates US citizenship and state violence, this essay foregrounds the structural antagonism between democracy as an instituted form of rule, which depends on inegalitarian hierarchies, and democracy’s egalitarian drive. It argues that the realization of democracy as a form of governance (consensus democracy) occurs by substituting the rule of a part for the whole, which violently forces democracy’s constitutive figures to conform to and negotiate its organizing logics. Nari Ward’s We the People (2011) allegorizes this inherent tension in democracy as one between synecdoche and metonymy. The article then theorizes a new form of democratic politics through an engagement with Jacques Rancière before turning to Ocean Vuong’s “Notebook Fragments” (2016) and “Self-Portrait as Exit Wounds” (2016) as articulations of a democratic aesthetics constituted by figures—including metonymy, irony, and catachresis—that interrupt the substitutions of synecdoche. Vuong’s poetry foregrounds the violence enacted by state fantasies and insists on the democratic equality disavowed by consensus democracy. Together, Ward and Vuong locate the political force of aesthetics not in reassuring visions of inclusion but in operations that disturb and resist any form of hierarchy.
Socialising the Landscape in the Early Neolithic of Thessaly, Greece
Authors: Souvatzi Stella , Reingruber Agathe , Toufexis Giorgos
Published: October 2021

This article attempts to draw attention to the social choices of the earliest farming societies, evaluating new and old settlement data from the Early Neolithic of Thessaly in Greece. We examine the inhabitation of landscapes, the organisation of the inhabited spaces and the human–landscape interaction as a framework for the creation of a socialised environment. Taking into account aspects such as settlement location, duration, architecture and intra- and intersite arrangements, this study shows that the observed diversity in space and time reflects alternative modes of settlement and land use, variations in notions of permanence and continuity and different modalities of the adoption and meaning of new socioeconomic practices. This evidence challenges traditional interpretations of simplicity, homogeneity and change as being induced from outside and calls for a new reading of the Early Neolithic. We argue that the model of a single and uniform development, deriving from concepts of diffusionism and evolutionism, does not hold in Neolithic Thessaly (or in Greece). Instead, Neolithisation was a contextual process that involved human awareness and different choices, and that the social landscape created by the pioneering farming societies set the stage for all kinds of different developments that occurred in later phases.
Stratified heat transfer of magneto-tangent hyperbolic bio-nanofluid flow with gyrotactic microorganisms: Keller-Box solution technique
Authors: Shahzad Faisal , Jamshed Wasim , Sajid Tanveer , Nisar Kottakkaran Sooppy , Isa Siti Suzilliana Putri Mohamed , Edacherian Abhilash , Saleel C. Ahamed
Published: October 2021

The purpose of the present investigation is to examine the heat, mass and microorganism concentration transfer rates in the magnetohydrodynamics (MHD) stratified boundary layer flow of tangent hyperbolic nanofluid past a linearly, uniform stretching surface comprising gyrotactic microorganisms as well as nanoparticles. The governing PDEs with relevant end point conditions are molded into a non-dimensional ordinary differential equation (ODE) form by means of the similarity transformation. The numerical solution of dimensionless problem is acquired within the frame of robust Keller-Box technique. The velocity, temperature, mass and motile microorganism density are investigated graphically within the context of different significant parameters. Numerical results have been inspected via plots and table (namely as the local Nusselt number, the local wall mass flux and the local microorganisms wall flux). This article proves that the energy, concentration and motile microorganism density reduce with increase in thermal, solutal and motile density stratification parameters. The asserted outcomes are beneficial to enhance the cooling and heating processes, energy generation, thermal machines, solar energy systems, industrial processes etc.
The Biology of Evaluating Skin-Care Products
Authors: Olson Heidi , Matthias Greg , Mason Kevin
Published: October 2021

The goal of this inquiry activity is to evaluate a variety of skin-care products on simulated skin cells using Orbeez, a brand of superabsorbent polymers. These small beads can quickly absorb water but will dry out in the air, thus perfectly representing our own skin cells. This property makes Orbeez an acceptable model for human skin, and test material for evaluating various skin-care products. Students will observe the quantitative changes that happened to the mass of the samples to determine the percent change. They will also observe the qualitative changes that happened throughout the lab investigation and record their observations in a lab notebook. After completing the experiment, students will create a presentation of the quantitative and qualitative results.
ОСОБЛИВОСТІ ВИКОРИСТАННЯ ЗАСОБІВ ДИСТАНЦІЙНОГО НАВЧАННЯ В ЗАКЛАДАХ ВИЩОЇ ОСВІТИ ФІЗКУЛЬТУРНОГО ПРОФІЛЮ В УМОВАХ КАРАНТИННИХ ОБМЕЖЕНЬ
Authors: Басенко Олена , Алексєєва Ірина , Алексєнко Яна , Жерновнікова Яна
Published: October 2021

Мета: проаналізувати організаційні та методичні особливості використання інформаційних засобів дистанційного навчання у підготовці майбутніх фахівців фізичної культури та спорту.

Матеріал і методи: для реалізації поставленої мети нами були використані такі методи дослідження: аналіз науково-методичної літератури; ресурси мережі Інтернет; опитування за допомогою Google-форми; аналіз, синтез та узагальнення отриманих даних; методи математичної статистики. В опитуванні брали учать 93 студенти першого, другого та третього курсів денної форми навчання Харківської держаної академії фізичної культури.

Результати: розглянуто особливості організації навчального процесу в умовах карантинних обмежень з використанням засобів дистанційного навчання у закладах вищої освіти фізкультурного профілю. Проведено онлайн-опитування студентів, яке виявило їх ставлення до дистанційної, очної і змішаної форм навчання; їх вподобання та забезпеченість різними електронними ресурсами, програмами, інструментами інформаційних комунікацій, які використовувалися викладачами в навчальному процесі. Проаналізовано можливі складнощі і значимість для здобувачів освіти переваг дистанційного навчання.

Висновки: дослідження показало, що викладачі академії за короткий термін та у складних умовах освоїли цифрові інструменти, комунікаційні ресурси та дистанційні платформи, які не використовували раніше. Онлайн-опитування студентів виявило неодностайність їх ставлення до дистанційної, очної і змішаної форм навчання. Результати дослідження підтвердили думку інших вчених про те, що дистанційне навчання, як альтернативна форма освітнього процесу, не може в повній мірі замінити традиційну очну форму навчання, а використання засобів дистанційного навчання дозволяє урізноманітнити освітній процес, зробити його значно цікавішим та ефективнішим.

Ключові слова: дистанційне навчання, студенти, онлайн-заняття, засоби дистанційного навчання, програми для відеоконференцій, інструменти електронного навчання.
ВИКОРИСТАННЯ ЗМАГАЛЬНИХ ВПРАВ ВИСОКОЇ ІНТЕНСИВНОСТІ НА ФОНІ ВТОМИ ЕЛІТНОЮ КАРАТИСТКОЮ З ВАДАМИ СЛУХУ
Authors: Янчук Карина , Тихорський Олександр , Володченко Олександр , Худякова Вікторія
Published: October 2021

Мета: визначити ефективність використання змагальних вправ з високою швидкістю на фоні втоми елітною каратисткою з вадами слуху протягом чотирирічного циклу.

Матеріал і методи: у дослідженні брала участь спортсменка з вадами слуху, що займається карате – Дефлімпійська чемпіонка 2013 та 2017 років. . У тренувальному процесі спортсменка використовувала змагальні вправи високої інтенсивності на фоні втоми наприкінці тренувального заняття. Для визначення ефективності програми у дослідженні використовувався ряд психофізіологічних показників, а саме: ефективність роботи, психічна стійкість, час простої реакції на світло, реакція на предмет, що рухається, теппінг-тест, час реакції вибору, проба Ромберга, концентрація та переключення уваги. Також досліджувалась кількість нанесених ударів у різних частинах поєдинку.

Результати: достовірне покращення результатів за час чотирирічного циклу спостерігалося у показниках психічної стійкості (t=2,02; p<0,05), часу простої реакції на світло (t=2,51; p<0,05), реакції на предмет, що рухається (t=3,79; p<0,001), частоти рухів (t=3,63; p<0,001), часу реакції вибору (t=2,08; p<0,05), проби Ромберга (t=6,96; p<0,001), у переключенні уваги за тестом Бурдона (t=2,40; p<0,05). У показнику концентрації уваги та ефективності роботи на таблицях Шульте статистично значимих відмінностей не було виявлено (p>0,05).

Висновки: виявлено покращення результативності спортсменки при виконанні атакуючих дій протягом других та третіх 40 с поєдинку. Зазначене свідчить про розвиток спеціальної витривалості та підвищення працездатності на фоні втоми. Отримані результати підтверджуються покращенням психофізіологічних показників, що впливають на спортивну результативність у карате. Доведено доцільність використання змагальних вправ на фоні втоми та їх вплив на психофізіологічні показники Дефлімпійської чемпіонки з карате.

Ключові слова: карате, психофізіологічні показники, атакуючі дії, елітна спортсменка, каратистка з вадами слуху.
Outcomes of distance education in Mathematics at secondary technical school: a case study
Authors: Országhová Dana , Žiaková Dana
Published: October 2021

Education at secondary vocational schools has an important role in preparing graduates to perform professional activities in practice. These schools provide a complete secondary education, and Mathematics is also a part of the study plan. In this paper, we focused on the success of students in solving selected types of mathematical problems during the school year 2020/2021, when the study process at secondary schools was carried out in a distance form. The main goal was to evaluate the mathematical knowledge of the secondary school students through a set of selected tasks. The research sample consisted of 21 students of the 3rd year of the secondary technical school with a focus on civil engineering study program, for which we analyzed tasks of online tests in the first and second half of the school year. Using methods of mathematical statistics, we compared and evaluated the success of students in solving problems that were part of the tests from the mathematics curriculum. The results show that students have mastered the necessary electronic tools and methods of distance learning in acquiring mathematical knowledge.
THE LEGAL AND REGULATORY FRAMEWORK OF THE NATIONAL PAYMENT SYSTEM (NPS) – PEELING THE LAYERS OF THE ONION
Authors: Vivienne A Lawack-Davids
Published: October 2021

The ambit of the National Payment System (NPS) or “payment system” is described in the South African Reserve Bank National Payment System Framework and Strategy 2010 (South African Reserve Bank 2006 (hereinafter “Vision 2010”) as “the entire process of making payment, in other words, it entails the process (including but not limited to) that enables the payer to make a payment, thepayer to issue a payment instruction via a payment instrument or other infrastructure, the institution to receive the payment instruction via clearing or otherwise, the process of clearing and settlement (where applicable), the beneficiary to accept the payment instruction, the beneficiary to deliver the payment instruction to an institution for collection, the institution to receive and deliver the payment collection into clearing and settlement, and the beneficiary to receive the benefit of the payment. Within the described process, banks, third-person payment providers, system operators, PCH system operators (PCH refers to a ‘payment clearing house’) and agents of payers and/or beneficiaries are included”. (The terms “NPS” and “payment system” are used interchangeably to denote the wider payment system and not individual payment streams.) In the first Shrek movie, the ogre described himself as complex and as having many layers, like an onion (see http://www.dreamworks.com). In order to understand the ogre, it is necessary to peel the layers of the onion. It is evident from the above description of the ambit of the NPS that it, like an ogre, is complex and has multiple layers. This note uses the concept of an onion to deconstruct the multiple layers of the NPS. These multiple layers are to the majority of people outside of NPS circles, including lawyers, a mystery. The note is, therefore, an attempt to demystify the legal and regulatory framework pertaining to the NPS by peeling the layers of the “onion”.
DESKUNDIGE GETUIENIS VAN BREINGOLFAFDRUKKE EN “THERMAL IMAGING”
Authors: Izette Knoetze
Published: October 2021

Die tegniek van “brain fingerprinting” oftewel breingolfafdrukke en “thermal imaging” is beide vorme van deskundige getuienis. Die omskrywing en die werking van hierdie tegnieke, die voor- en nadele verbonde aan hierdie tegnieke en die akkuraatheid van die tegnieke word bespreek. Die tegniek van breingolfafdrukke word met die poligraaftoets vergelyk en die aanvaarding van getuienis van hierdie tegniek word aan die hand van regspraak bespreek.
ACCESS TO ARTIFICIAL INSEMINATION FACILITIES AND A PRISONER’S RIGHT TO RESPECT FOR FAMILY LIFE Dickson v United Kingdom Application No 44362/04 of 4 December 2007 ECtHR
Authors: Anton van der Linde
Published: October 2021

In this case the applicants complained about the refusal by the British Government of access to artificial insemination facilities in prison and argued that such refusal breached their right to respect for their private and family life under article 8 and/or 12 of the European Convention on Human Rights (ECHR). Article 8 reads as follows: “1. Everyone has the right to respect for his private and family life, … 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others” (own emphasis). Article 12 reads: “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.” The first applicant (Kirk Dickson), born in 1972, was in prison serving a life sentence for murder. His earliest possible release date was 2009. While they were both in prison, he met the second applicant (Lorraine Dickson) in 1999 through a prison penpal network. The second applicant was born in 1958, and is a mother of three children born from different relationships. Their request for artificial insemination facilities was refused. The Chamber of the European Court of Human Rights found no violation of Articles 8 and 12. This contribution concerns a discussion of the judgment by the GrandChamber of the European Court of Human Rights (ECtHR), the case being referred to them in terms of article 43 of the ECHR.
WRONGFUL LIFE − THE SCA RULES IN Stewart v Botha (340/2007) [2008] ZASCA 84 (3 June 2008)
Authors: André Mukheibir
Published: October 2021

For many decades now abortion legislation has (even before the era of abortion on demand) allowed a mother the right to have a foetus aborted which could be born with a physical mental defect resulting in the child being seriously handicapped. In the future it will be possible, not only to have defective foetuses aborted, but also to order our babies according to our own specifications. In the present case the plaintiffs' child was born severely handicapped because the parents were not informed of the fact that the foetus was suffering from congenital defects. The mother would, had she known about the defects, have had the foetus aborted. The mother was, however, ignorant of any defects and the child was born with severe disabilities. Apart from the claim instituted by the mother in her own name, the father instituted a claim on behalf of the son. The Supreme Court of Appeal rejected this second claim as being against public policy. It is this second claim that forms the basis of this note.
TESTAMENTARY CAPACITY OF COGNITIVE-IMPAIRED ELDERLY – WHEN IS OLD TOO OLD TO EXECUTE A WILL?
Authors: MC Schoeman-Malan
Published: October 2021

Freedom of testation is a foundational principle of South African testate succession, and there are relatively few restrictions on a testator’s sudden and impulsive change of heart. Two requirements need to be met, namely a person must have testamentary capacity and the prescribed formalities must be complied with. The requirement for testamentary capacity is assumed if one complies with the formalities. Testamentary capacity has a minimum age but is not restricted by old age. However, it calls for the testator to be of an unsound mind and therefore to have mental capacity at the time of executing a will. World statistics show that there is an increase in the number of older and often also wealthier people as modern research and medicine allow people to live longer and healthier lives, resulting in the increase in the average lifespan. Cognitive impairments such as dementia and Alzheimer’s disease often arise with the elderly which have become more prevalent over the last 30 years. This article explores testamentary capacity of the elderly against the backdrop of cognitive impairments and the ability to accumulate wealth, which means that old people often have more assets that can devolve (often to their relatives) upon their demise. In the contest of wills testamentary incapacity of the testator (at the time of the execution of the will), has become the most frequent reason for challenging a will. In this contribution, recent case law from South African and other jurisdictions relating to testamentary capacity, from which we can gain knowledge, are discussed to establish how the courts deal with old age combined with cognitive impairments such as dementia and Alzheimer’s disease. The focus is on impairments affecting the mental status of older testators and to observe to what degree these aspects influence or negate testamentary capacity. The conduct of another person, such as undue influence, fraud and duress are distinguished from the testamentary capacity of an individual and is not the focus of this contribution. In conclusion the question is considered whether elderly people, who are vulnerable due to age and other impairments, enjoy freedom of testation and if their testamentary capacity is sufficiently protected by the common-law principles.
AN ANALYSIS OF THE DIRECTORS’ DUTY TO ACT IN THE BEST INTERESTS OF THE COMPANY, THROUGH THE LENS OF THE BUSINESS JUDGMENT RULE
Authors: Jan Louis van Tonder
Published: October 2021

Directors are required to exercise their powers and perform their functions in good faith and for a proper purpose with the overarching promotional purpose being the best interests of the company. This is a fundamental duty which qualifies the exercise of any of the powers which the directors in fact have. The business-judgment rule provides the circumstances in which the duty to act in the best interests of the company (and the duty of care, skill and diligence) will be satisfied by a director. The main purpose of this article is to examine the meaning, nature and extent of the director’s duty to act in the best interests of the company through the lens of the business-judgment rule. The duty to act in the best interests of the company will be considered in two different contexts, firstly as a phrase with the emphasis on the meaning of the word “interests” and “company”; secondly, as a “standard of directors’ conduct” which will focus on the duty’s link with the rationality criterion. In order to achieve the purpose of the article and due to the fact that the Companies Act 71 of 2008 partially codifies the fiduciary duties, the statutory interpretation of the standards of directors’ conduct provision will also be considered. This will enable the research to properly interpret and analyse the relevant provisions in light of the common-law principles. Lastly, the research will identify categories of conduct that may not constitute good faith, thereby indicating that the rationality criterion will not be satisfied.
XENOTRANSPLANTATION
Authors: Magda Slabbert
Published: October 2021

There is a desperate need for organs to be transplanted. In an effort to curb the everincreasing demand, scientists are thinking of xenotransplantation, using animal organs to help suffering human beings. Xenotransplantation raises many legal and ethical questions that will need to be answered before such transplantations might be acceptable or even considered. There is currently no legislation or regulation addressing xenotransplantation directly in South Africa. Should such research be allowed, scientists will have to get ethical clearance from both animal ethics committees as well as ethics committees allowing research where human participants are involved.
CORPORATE LAW: MANDATORY OFFER REGIME IN NEED OF PRECISE EXEMPTIONS AND LEEWAY
Authors: Paul Nkoane
Published: October 2021

Mandatory offers are generally envisioned to curb unfair and abusive conduct during and after acquisition of securities in a regulated company. The regime is designed to offer minorities an opportunity to exit the company during takeovers. Mandatory offers are formulated to regulate all acquisitions in the range of the prescribed percentage. Only where the Panel exempts an offeror will the transaction not be covered by the rules of mandatory offers. In keeping with the purpose of theCompanies Act, this article is intended to indicate that clear and precise exemptions must form an integral component of this regime.
INVESTIGATING PARENTAL ALIENATION AS A FORM OF DOMESTIC VIOLENCE, CHILD ABUSE AND HARASSMENT: A LEGAL HYPOTHESIS
Authors: Charnelle van der Bijl
Published: October 2021

This note, however, does not focus on the role of parental alienation syndrome in the law, but avoids the controversy concerning PAS as a syndrome by concentrating on parental alienation conduct instead. The purpose is, therefore, to examine such behaviour in the context of domestic violence and harassment, which are subject to legal sanction and legal consequences. Although this behaviour may also amount to a specific crime, such as crimen iniuria, defeating or obstructing the course of justice, or defamation, that forms a separate discourse and is not addressed here. The first part of this note examines parental alienation as a form of psychological violence and abuse. As a wealth of literature already exists in the UnitedStates, this phenomenon is examined in the context of family law and tort law (law of delict) in the USA. Finally, this note provides an alternate hypothesis whereby parental alienation conduct is explored under the legal framework of domestic violence and harassment legislation.
KNOWLEDGE OF THE EXISTENCE OF DISCRETIONARY POWERS IS AN IMPLIED PRECONDITION TO THE PROPER EXERCISE OF A DISCRETION TO ARREST WITHOUT A WARRANT Motabatshindi v Minister of Police (South Gauteng High Court, Johannesburg (unreported) 2014-09-26 Case No A3
Authors: Thulani Nkosi
Published: October 2021

This note aims to examine the findings of the South Gauteng High Court in Motabatshindi v Minister of Police (hereinafter “Motabatshindi”). In this case, which was an appeal from the Johannesburg Magistrates Court, the High Court was called upon to decide if the magistrate had correctly interpreted and applied the provisions of section 40(1)(b) of the Criminal Procedure Act 51 of 1977 (hereinafter “CPA”). The main bone of contention in the case was whether a police officer who admits that he was not aware that the section conferred discretionary powers on him could, nevertheless, be said to have properly exercised the discretionary powers conferred by the section where the magistrate found his actions to have been bona fide. Put in another way, the High Court was asked to pronounce if an unlawful exercise of power somehow becomes lawful just because the actor acted in good faith. In its examination of the judgment this note will start by providing a background overview of section 40(1)(b) of the CPA and the manner in which the section has been interpreted and applied. This will be followed by the facts of Motabatshindi in so far as they are relevant to the discussion. Thereafter, the judgment will be discussed in detail and critiqued against existing precedent.
ARE THE RIGHTS OF BUSINESS EMPLOYEES PREFERRED MORE THAN THE RIGHTS OF DOMESTIC EMPLOYEES? Gungudoo v Hannover Reinsurance Group (Pty) Ltd (585/11) [2012] ZASCA 83 (30 May 2012) Revisited
Authors: Howard Chitimira
Published: October 2021

This case note examines, inter alia, the effect of a sequestration order on the debtor and relevant stakeholders such as creditors, shareholders and other interested parties. The case note further discusses certain requirements for the application of a sequestration order in South Africa in light of the judgment in Gungudoo v Hannover Reinsurance Group Africa ((585/11) [2012] ZASCA 83 (30 May 2012). This case raised some pertinent questions regarding the application and serving of a sequestration order on the debtor, in terms of the Insolvency Act. For instance, such questions include first, whether the creditors’ or respondents’ application for compulsory sequestration was instituted or disputed on reasonable grounds, and secondly, whether the creditors or respondents had properly notified the debtors’ or appellants’ employees of the sequestration proceedings in accordance with the Insolvency Act. In light of this, the case note explores whether the appellants or debtors’ domestic employees were also entitled to be served with a sequestration order. This is done to expose the legislative flaws and other constitutional challenges associated with the judgment in the Gungudoo case. To this end, the relevant legislation (such as the Employment Equity Act 55 of 1998 (Employment Equity Act), the Basic Conditions of Employment Act 75 of 1997 as amended (Basic Conditions of Employment Act), and the Labour Relations Act 66 of 1995 as amended (Labour Relations Act)) as well as other related recent cases will be briefly analysed in this article.
“PAY DAY” FOR ILLEGAL FOREIGNERS Rahim v The Minister of Home Affairs (965/2013) [2015] ZASCA 92 (29 May 2015)
Authors: Darren Subramanien
Published: October 2021

People from across the African continent continue to make their way to South Africa to escape violence and poverty in their own countries. South Africa is also seen as a beacon of stability and economic growth on the continent. There has been growing concern that the illegal influx of foreigners in search of a better life, and the failure by the South African Government to control its porous borders, have led to a high degree of animosity and resentment, directed at foreigners. International law and South African law affirm that South Africa is a constitutional state that subscribes to the principle of legality, an incident of the rule of law. It is against this backdrop that The Supreme Court of Appeal (SCA) handed down a landmark ruling in Rahim v The Minister of Home Affairs ((965/2013) [2015] ZASCA 92 (29 May 2015)), where the Court awarded damages to illegal immigrants who were illegally held by the Department of Home Affairs, following a failure by the Department to designate a proper holding facility for non-citizens in South Africa. One of the implications of this judgment is that the Department will have to conduct a proper determination of holding facilities so as not to be liable for claims such as the one in the present case.
G. Alexander. Clinics and pathological anatomy of the so-called "rheumatic" paralysis of the item facialis. (Arch. F. Psych, and Neur. 1902. B. 35. H. 3)
Authors: Aykhenvald L. I.
Published: October 2021

The frequency of clinical observations of rheumatic paralysis facialis is opposite to the insignificant number of anatomically investigated cases. This circumstance will become clear if we remember that the named disease often affects people in general who are healthy, that its prognosis is good and that patients of this kind get to the sectional table due to side complications.
Türk Basın Tarihinde Özdenetim Kuruluşları ile Devlet Arasındaki İlişkiler
Authors: BAYKAL Kemal Cem
Published: October 2021

Basının kendi kendini denetimi, saygın bir gazetecilik mesleği için büyük bir öneme sahiptir. Kimi zaman basın alanının denetlenmesinde hukuk yetersiz kalabilmektedir. İkinci Dünya Savaşı’ndan sonra formüle edilen Toplumsal Sorumluluk Teorisi’ne göre, basındaki sorunları çözmenin en etkin yolu daha fazla hükümet müdahalesinden geçmemekte ve basının kendi özdenetimini sağlaması gerekmektedir. Basında özdenetimi sağlamanın en etkin yolu gönüllü basın konseyleri oluşturmaktır. Kanuna dayalı konseyler, özdenetim anlayışıyla genellikle bağdaşmamaktadır. Bu çalışmada, Türk basın tarihinde gerçek anlamda bağımsız ve gönüllü bir özdenetim kuruluşu olan Basın Konseyi’nin 1988 yılında kurulmasına kadar geçen dönemdeki kurumsal özdenetim faaliyetleri, özdenetim kuruşları ile devlet arasındaki ilişki bakımından incelenmeye çalışılmıştır. Amaç, Türk basın tarihinin en başından 1988 yılına kadar kurulan, belirli bir süre faaliyet gösteren ve daha sonra faaliyetine son veren özdenetim kuruluşları olan Osmanlı Matbuat Cemiyeti (1908), Basın Birliği (1938) ve Basın Şeref Divanı’nın (1960) yapılarını ortaya koymak, devlet ile olan ilişkilerini irdelemek ve bu kuruluşların devletten ne ölçüde bağımsız olduklarını tespit etmektir. Çalışmada betimleyici araştırma tekniğine başvurulmuştur. Araştırma sonucunda, bahsedilen üç meslek kuruluşunun da devlete kısmen veya tamamen bağlı olduğu sonucuna ulaşılmıştır. Bu kuruluşları gönüllü olarak ortaya çıkan özdenetim kuruluşları olarak değerlendirmek mümkün değildir.