bluuebunny/crossref_metadata_2025 huggingface dataset:
Los días terrenales: la distorsión y la perversidad a partir de la vinculación ecfrasis-protagonistas
Authors: Trejo Valencia Gabriela
Published: June 2016

El presente texto busca analizar la novela mexicana Los días terrenales, de José Revueltas, desde un enfoque ecfrástico que permite ampliar las semantizaciones y sentidos del relato. Propongo una lectura que (re)valore los elementos extratextuales (espacios otros, carteles, pinturas) presentes en la novela con el fin de dilucidar cómo los recursos ecfrásticos develan una distorsión análoga a la de los protagonistas. Así, se revisará que en Los días terrenales la obra de El Greco, un cuadro de Georges Braque y un afiche político poseen una gran densidad simbólica que apuntala la perversión implícita en toda la narración.
La Sociedad Nezahualcóyotl: evidencias de una generación literaria decimonónica
Authors: Romero Chumacero Leticia
Published: June 2016

La Sociedad Nezahualcóyotl se instauró en la ciudad de Méxicoen 1868. Inició como un proyecto poético de coyuntura, perosus integrantes pronto fueron identificados como parte de unageneración literaria nueva, hermanada por un programa estético yun ideario político que coincidían con los de la facción vencedoratras la guerra de Reforma. Tal agrupación literaria, sin embargo,no logró desarrollarse plenamente debido a la temprana muertede algunos y el distanciamiento de quienes optaron por la políticacomo profesión. El presente artículo propone un esbozo a travésdel cual, pese a la pronta disgregación del grupo referido, se confirma lo aseverado por su principal mentor: aquella Sociedad era una expresión diáfana de la Generación de 1867.
Gadamer, O’Gorman, Levi. Combates contra el neopositivismo historiográfico y contra el fetiche del documento
Authors: Torres Aguilar Morelos
Published: June 2016

El artículo analiza críticamente, a partir de las consideraciones de Giovanni Levi, Hans-Georg Gadamer y Edmundo O’Gorman, la manera en que los historiadores aprehenden los acontecimientos y el procedimiento mediante el cual obtienen y utilizan sus fuentes. Las ideas de estos tres pensadores cuestionan, desde distintas perspectivas, la preeminencia de una heurística basada sólo en la afanosa búsqueda de la verdad, característica de la escuela científica alemana y el positivismo, corrientes ambas del siglo XIX; proponen en cambio, como alternativa que mucho debe a Ser y tiempo de Heidegger, la comprensión e interpretación de los procesos y los sujetos históricos, como una forma adecuada de explicación histórica.
México 2013. Los vuelcos de la historia. Del nacionalismo revolucionario al neoliberalismo
Authors: Carmona Dávila Doralicia
Published: June 2016

* Este artículo se leyó originalmente en la clausura del III Congreso de Filosofía de la Historia de la Universidad de Guanajuato el 26 de noviembre de 2013. Aquí se reproduce con algunas modificaciones.La crisis energética, la dictadura de Pinochet, los secuestros y asesinatos de empresarios en los setenta y, a partir de 1982, la nacionalización de la banca y la creciente petrolización del país, crearon el escenario para que los grandes empresarios lucharan por sustituir los principios de la Revolución Mexicana, nunca del agrado del capitalismo internacional, por el neoliberalismo. La caída de la URSS, la pérdida de legitimidad del priísmo y la parálisis económica ofrecieron a los grandes empresarios la oportunidad de ganar poder político y dar a la historia del siglo XX mexicano un vuelco, que ha sido terso por el control que las élites dominantes ejercen, mediante una sofisticada propaganda televisiva, sobre una sociedad mayoritariamente indiferente, desigual, pobre e ignorante. No obstante, aunque crezca la economía, sin democratización, el vuelco aumentará la desigualdad, la violencia, el crimen y el autoritarismo gubernamental.
The Fecal Microbiota Profile and Bronchiolitis in Infants
Authors: Hasegawa Kohei , Linnemann Rachel W. , Mansbach Jonathan M. , Ajami Nadim J. , Espinola Janice A. , Petrosino Joseph F. , Piedra Pedro A. , Stevenson Michelle D. , Sullivan Ashley F. , Thompson Amy D. , Camargo Carlos A.
Published: June 2016

BACKGROUND:

Little is known about the association of gut microbiota, a potentially modifiable factor, with bronchiolitis in infants. We aimed to determine the association of fecal microbiota with bronchiolitis in infants.

METHODS:

We conducted a case–control study. As a part of multicenter prospective study, we collected stool samples from 40 infants hospitalized with bronchiolitis. We concurrently enrolled 115 age-matched healthy controls. By applying 16S rRNA gene sequencing and an unbiased clustering approach to these 155 fecal samples, we identified microbiota profiles and determined the association of microbiota profiles with likelihood of bronchiolitis.

RESULTS:

Overall, the median age was 3 months, 55% were male, and 54% were non-Hispanic white. Unbiased clustering of fecal microbiota identified 4 distinct profiles: Escherichia-dominant profile (30%), Bifidobacterium-dominant profile (21%), Enterobacter/Veillonella-dominant profile (22%), and Bacteroides-dominant profile (28%). The proportion of bronchiolitis was lowest in infants with the Enterobacter/Veillonella-dominant profile (15%) and highest in the Bacteroides-dominant profile (44%), corresponding to an odds ratio of 4.59 (95% confidence interval, 1.58–15.5; P = .008). In the multivariable model, the significant association between the Bacteroides-dominant profile and a greater likelihood of bronchiolitis persisted (odds ratio for comparison with the Enterobacter/Veillonella-dominant profile, 4.24; 95% confidence interval, 1.56–12.0; P = .005). In contrast, the likelihood of bronchiolitis in infants with the Escherichia-dominant or Bifidobacterium-dominant profile was not significantly different compared with those with the Enterobacter/Veillonella-dominant profile.

CONCLUSIONS:

In this case–control study, we identified 4 distinct fecal microbiota profiles in infants. The Bacteroides-dominant profile was associated with a higher likelihood of bronchiolitis.
Guidelines for Monitoring and Management of Pediatric Patients Before, During, and After Sedation for Diagnostic and Therapeutic Procedures: Update 2016
Authors: Coté Charles J. , Wilson Stephen ,   AMERICAN ACADEMY OF PEDIATRICS,   AMERICAN ACADEMY OF PEDIATRIC DENTISTRY
Published: June 2016

The safe sedation of children for procedures requires a systematic approach that includes the following: no administration of sedating medication without the safety net of medical/dental supervision, careful presedation evaluation for underlying medical or surgical conditions that would place the child at increased risk from sedating medications, appropriate fasting for elective procedures and a balance between the depth of sedation and risk for those who are unable to fast because of the urgent nature of the procedure, a focused airway examination for large (kissing) tonsils or anatomic airway abnormalities that might increase the potential for airway obstruction, a clear understanding of the medication’s pharmacokinetic and pharmacodynamic effects and drug interactions, appropriate training and skills in airway management to allow rescue of the patient, age- and size-appropriate equipment for airway management and venous access, appropriate medications and reversal agents, sufficient numbers of staff to both carry out the procedure and monitor the patient, appropriate physiologic monitoring during and after the procedure, a properly equipped and staffed recovery area, recovery to the presedation level of consciousness before discharge from medical/dental supervision, and appropriate discharge instructions. This report was developed through a collaborative effort of the American Academy of Pediatrics and the American Academy of Pediatric Dentistry to offer pediatric providers updated information and guidance in delivering safe sedation to children.
Use of Performance-Enhancing Substances
Authors: LaBotz Michele , Griesemer Bernard A. ,   COUNCIL ON SPORTS MEDICINE AND FITNESS, Brenner Joel S. , LaBella Cynthia R. , Brooks Margaret A. , Diamond Alex , Kelly Amanda K. Weiss , LaBotz Michele , Logan Kelsey , Loud Keith J. , Moffatt Kody A. , Nemeth Blaise , Pengel Brooke , Hennrikus William
Published: June 2016

This Clinical Report was reaffirmed August 2020.

Performance-enhancing substances (PESs) are used commonly by children and adolescents in attempts to improve athletic performance. More recent data reveal that these same substances often are used for appearance-related reasons as well. PESs include both legal over-the-counter dietary supplements and illicit pharmacologic agents. This report reviews the current epidemiology of PES use in the pediatric population, as well as information on those PESs in most common use. Concerns regarding use of legal PESs include high rates of product contamination, correlation with future use of anabolic androgenic steroids, and adverse effects on the focus and experience of youth sports participation. The physical maturation and endogenous hormone production that occur in adolescence are associated with large improvements in strength and athletic performance. For most young athletes, PES use does not produce significant gains over those seen with the onset of puberty and adherence to an appropriate nutrition and training program.
Modelling diclofenac and ibuprofen residues in major Estonian seaside cities
Authors: Lember Erki , Pachel Karin , Loigu Enn
Published: June 2016

A theoretical model was developed to model the fate of two common pharmaceutical residues: diclofenac and ibuprofen in eight Estonian seaside cities that discharge their wastewaters directly into the Baltic Sea. The consumption rates of the active ingredients of diclofenac and ibuprofen from 2006-2014 were analysed. A decrease of 19.9% for diclofenac consumption and an increase of 14.1% for ibuprofen were found. The fate of diclofenac and ibuprofen were modelled by considering the human metabolism removal rate for pharmaceuticals, the removal rate of diclofenac and ibuprofen in activated sludge wastewater treatment plants (WWTP) and annual flow rates. An average decrease from 1 to 0.8 μg/l (decrease of 20%) for diclofenac and an increase from 11.4 to 13.4 μg/l (increase of 14.9%) for ibuprofen for the concentration in the effluents of the WWTP were modelled. The model gives us a good overview about the theoretical concentrations of pharmaceutical residues in the environment and is helpful for evaluating environmental impacts.
Gender Differences in Treatment-Seeking British Pathological Gamblers
Authors: Ronzitti Silvia , Lutri Vittorio , Smith Neil , Clerici Massimo , Bowden-Jones Henrietta
Published: June 2016

Background and aim

Gambling is a widespread recreational activity in the UK. A significant percentage of gamblers develop subclinical or clinically relevant problem gambling issues, but only a low percentage of them seek treatment. Although characteristics of pathological gamblers from treatment-seeking population have been examined in some research, only a few studies have explored the differences between females and males. This study aimed to examine the gender-related differences in demographics, gambling measures, and clinical variables in an outpatient sample of pathological gamblers seeking treatment.

Methods

A total of 1,178 treatment-seeking individuals with gambling disorder were assessed at the National Problem Gambling Clinic in London. Sociodemographic characteristics, clinical variables, and gambling behavior habits were obtained during the assessment evaluation. Of the total sample, 92.5% were males and 7.5% were females.

Results

Males were more likely to be younger, white, and employed than females. In addition, compared to women, men showed a lower PGSI score, an earlier age of onset of gambling behavior, a higher gambling involvement, and preferred specific forms gambling. Female gamblers were more anxious and depressed, while men were more likely to use alcohol and illicit drugs.

Conclusions

Our findings support the importance of gender differences in a treatment-seeking population of pathological gamblers both in sociodemographic characteristics, gambling behavior variables, and clinical variables. Males and females might benefit from group-specific treatment.
Psychopathology of Online Poker Players: Review of Literature
Authors: Moreau Axelle , Chabrol Henri , Chauchard Emeline
Published: June 2016

Background and aims

Online Texas Hold’em poker has become a spectacular form of entertainment in our society, and the number of people who use this form of gambling is increasing. It seems that online poker activity challenges existing theoretical concepts about problem gambling behaviors. The purpose of this literature review is to provide a current overview about the population of online poker players.

Methods

To be selected, articles had to focus on psychopathology in a sample of online poker players, be written in English or French, and be published before November 2015. A total of 17 relevant studies were identified.

Results

In this population, the proportion of problematic gamblers was higher than in other forms of gambling. Several factors predicting excessive gambling were identified such as stress, internal attribution, dissociation, boredom, negative emotions, irrational beliefs, anxiety, and impulsivity. The population of online poker players is largely heterogeneous, with experimental players forming a specific group. Finally, the validity of the tools used to measure excessive or problematic gambling and irrational beliefs are not suitable for assessing online poker activity.

Discussion and conclusions

Future studies need to confirm previous findings in the literature of online poker games. Given that skills are important in poker playing, skill development in the frames of excessive use of online poker should be explored more in depth, particularly regarding poker experience and loss chasing. Future research should focus on skills, self-regulation, and psychopathology of online poker players.
THE TOLL-LIKE RECEPTORS ROLE IN INFLAMMATORY DISEASES OF THE BRONCHOPULMONARY SYSTEM PATHOGENESIS
Authors: Korovkina E. S. , Kazharova S. V.
Published: June 2016

The inflammatory bronchopulmonary diseases are relevant public health problem. The general characteristics of this diseases group are significant proportion of patients that does not react properly on ongoing antibiotic therapy. The reason may be various disorders of the immune system. It is known that the development of immune response to pathogen involves a complex interaction of cells and molecules of innate and adaptive immune systems. Currently dendritic cells are considered as a connecting link between innate and adaptive immunity. Toll-like receptors function and expression are intensively investigated in norm and in pathology last decade, which are the most important members of the family of signaling receptors and play an important role in the activation of mechanisms of innate immunity. Infection is one of the major factors that influence in the expression of the toll-like receptors. The level of expression directly correlates with the severity of the process. In some cases toll-like receptors allows as early markers of infection. Consider the role of the toll-like receptors in the development of normal immune response, coudn’t exclude the various defects in signal transmission systems and in the receptors structure in patients with inflammatory diseases. That is why defining the role of toll-like receptors in various diseases is advisable and in the future will allow to improve the effectiveness of the therapy. Nowadays have not generally accepted effective methods of the inflammatory bronchopulmonary diseases immunocorrection, there also remains the problem of prevention and therapy. In particular, discuss the use of immunomodulators, so called “therapeutic vaccines” that have the ability to stimulate the antigen-specific response.
GENOTYPES OF EXTENSIVELY DRUG-RESISTANT MYCOBACTERIUM TUBERCULOSIS STRAINS: CLINICAL AND EPIDEMIOLOGICAL FEATURES OF PULMONARY TUBERCULOSIS
Authors: Vasilieva N. R. , Vyazovaya A. A. , Zhuravlev V. Yu. , Solovieva N. S. , Mokrousov I. V. , Narvskaya O. V.
Published: June 2016

Here, we present clinical and epidemiological analysis of 85 Russian cases of pulmonary tuberculosis caused by an extensively drug-resistant M. tuberculosis strains. As defined by spoligotyping, M. tuberculosis strains belonged to the following genetic families: Beijing — 81.2%, which significantly exceeds the prevalence rate of this genotype (50%) in M. tuberculosis population across Russia; LAM — 14.1% and Ural — 4.7%. Among patients infected with Beijing strains prevailed alcohol and tobacco abused males; the main source of infection were family and penitentiary contacts. This group of patients has been characterized by a variety of clinical forms of lung disease with the prevalence of fibro-cavernous tuberculosis and a significant proportion of patients with interrupted treatment. Regardless of the M. tuberculosis strain genotype, the extensively drug-resistant pulmonary tuberculosis is characterized by severe course leading to the chronic disease with the relapses and poor response to anti-tuberculosis treatment, requiring repeated hospitalizations and surgical treatments.
Estimation of soil strength in fine-grained soils by instrumented free-fall sphere tests
Authors: Morton J. P. , O'Loughlin C. D. , White D. J.
Published: June 2016

The dynamic response of a sphere in soft clay is considered through field tests in which a 0·25 m dia. steel sphere was allowed to free-fall in water and dynamically penetrate the underlying soft soil. The test data, collected in a lake and a sea environment, relate to sphere velocities of up to 8 m/s, reaching sphere invert embedments close to ten diameters. An inertial measurement unit located within the sphere measured the motion response of the sphere during free-fall and penetration in soil. The resulting acceleration data were used within a simple framework that accounts for both geotechnical shearing resistance and fluid mechanics drag resistance, but cast in terms of a single capacity factor that can be expressed in terms of the non-Newtonian Reynolds number. The merit of the framework is demonstrated by using it as a forward model in a series of inverse analyses that calculate the undrained shear strength profile from acceleration data measured in free-fall sphere tests. The good match between these profiles and those obtained from ‘push-in’ piezoball penetrometer tests points to the potential for an instrumented free-fall sphere to be used as a tool for characterising the near-surface strength of soft seabeds.
As Seen On TV: Public Law Explained Through Popular Culture - Conference Review
Authors: Yuratich David , Karanasiou Argyro
Published: June 2016

This conference note summarises the ‘Public Law on TV’ public engagement event held at Bournemouth University in June 2014. It explains how popular culture was used to introduce and discuss UK public law and reflects on the event’s success and the effectiveness of this teaching method.
MAGIC MUSHROOMS: from sacred entheogen to Class A drug
Authors: Walsh Charlotte
Published: June 2016

On July 18th, section 21 of the Drugs Act 2005 came into force: as a result, magic mushrooms are now classified as a Class A drug under the Misuse of Drugs Act 1971. Following a brief look at magic mushrooms and their effects, this paper charts their usage throughout history, from Saharan tribes in ancient times, through the psychedelic revolution of the 1960s, to the boom in (recently halted) internet sales of them in the United Kingdom. This serves as background to detailed consideration of magic mushrooms' recent change in legal status in this country, from non-controlled fungi to Class A drug. The desirability (or otherwise) of this development is analysed, situated within a comparative and international context, with reference to potential unwanted side-effects.
The potential of the Safeguarding Vulnerable Groups Bill for children's sport
Authors: Williams Yvonne
Published: June 2016

Currently making its way through Parliament is the Safeguarding Vulnerable Groups Bill, a new piece of legislation designed to fill some of the loopholes discovered following the conviction of Ian Huntley in 2003 for the murder of Holly Wells and Jessica Chapman. As it stands the provisions of the Bill have the potential to have a considerable effect on many people, (whether paid or volunteers) coming into contact with children taking part in sport at a local level.
Empty Justice: One Hundred Years of Law, Literature and Philosophy by Melanie Williams
Authors: Auchmuty Rosemary
Published: June 2016

Melanie Williams’s book is in part what its sub-title declares: a series of case studies dating from the end of the nineteenth century to the end of the twentieth, linking literary and philosophical texts to legal issues. It is also in part what its title declares: a peroration on the jurisprudential idea of ‘empty justice’, using literary texts as accessible ways into difficult concepts. What neither title nor sub-title declares is that this is first and foremost a work of feminist theory. Williams’s goal has been to show (with doubters particularly in mind) ‘how pervasive feminist issues are for all persons and all belief systems’ (p. xxv).
Art & Copyright, by Simon Stokes
Authors: Rahmatian Andreas
Published: June 2016

One has to be aware of certain limitations of the scope of Simon Stokes’ book ‘Art and Copyright’ right from the beginning: what the title means by ‘art’ is broadly the visual arts and fine art, for example paintings, drawings, photographs, sculptures and installations. The book practically does not deal with music and works of literature, and there is very little engagement with architecture, dramatic works and films. The second limitation is that the book is not, whether intentionally or otherwise, directed at artists, art professionals, museum curators, gallerists and the like, but rather at lawyers who have dealings with such persons. It may even take some time for a complete novice to copyright, albeit a lawyer, to grapple with this rather slim, but fully packed volume.
The Book of Touch edited by Constance Classen
Authors: Redhead Professor Steve
Published: June 2016

Acclaimed author Constance Classen’s edited collection of sensual studies, The Book of Touch, is an intriguing contribution to the already excellent Sensory Formations series published by Berg. Other books in the series which I have seen include The Auditory Culture Reader (superb for anyone teaching the regulation, production and consumption of popular music culture) and The Visual Culture Reader (perfect for film and television studies). Other titles which I have yet to investigate from the series include The Smell Culture Reader, The Taste Culture Reader and The Sixth Sense Reader.
The Application of EC Treaty Rules to Sport: the Approach of the European Court of First Instance in the Meca Medina and Piau cases
Authors: Colomo Pablo Ibáñez
Published: June 2016

In the Meca Medina and Piau cases, the European Court of First Instance had to deal for the first time with the application of EC Treaty provisions to sports bodies’ rules. The first of these two cases concerned anti-doping rules adopted by the IOC and the second one concerned FIFA regulations on players’ agents. According to case-law of the European Court of Justice, rules ‘of purely sporting interest’ do not fall within the scope of the EC Treaty. However, an overview of the relevant judgments shows that the test adopted since Walrave to assess the ‘purely sporting’ nature of such rules is not fully clear and has not always been applied in a consistent way, in particular after Bosman. The Meca Medina case, in which the European Court of First Instance has applied the test in a slightly different manner, opens the door to substantial simplification of future case-law. On the other hand, the European Court of First Instance has also taken the view that the test, which had only been applied up to now by the European Court of Justice to EC Treaty rules on free movement of workers and free provision of services, extends also to the rules on competition. Piau, delivered by the European Court of First Instance some months later, has confirmed the confusion that may derive from traditional case-law and has shown the risks that may derive from the adoption of divergent decisions within the European judicial system.
Lex Sportiva and Lex Ludica: the Court Of Arbitration for Sport’s Jurisprudence
Authors: Foster Ken
Published: June 2016

What does the jurisprudence of the Court of Arbitration of Sport (CAS) reveal about international sports law? It is claimed that CAS applies lex sportiva; distinct universal legal principles of sports law. I argue that lex sportiva is an imprecise term covering different concepts.The awards of CAS are studied and it is argued that five different legal principles are employed: a lex ludica, good governance, procedural fairness, harmonisation of standards between international sporting federations and equitable treatment. These principles are then explained and illustrated by reference to arbitration awards of CAS. It is concluded from this case law that CAS has several functions and that its work could fit various models of adjudication. Each of these functions corresponds to a different legal model of its purpose and in turn to one of the five jurisprudential principles explained in the article.CAS needs to recognise that it has different functions. The danger is that it will be seen solely as part of the private regulatory power of international sporting federations. The imposition of mandatory arbitration by sporting federations may then appear to be a method of avoiding proper legal processes and standards.
The Mayor’s A Square: Live Music and Law and Order in Sydney by Shane Homan
Authors: Redhead Professor Steve
Published: June 2016

Does anybody remember (Don’t Go Back To) Rockville? This early REM track, from Reckoning, their immaculate second album in the mid 1980s, was echoed in a good deal of the Law and Popular Culture research I did with valued colleagues in Manchester for over two decades. It became an injunction for us in fact: Don’t Go Back to Rockville! It was used as the title of an essay I wrote in 1989 which Shane Homan duly quotes in The Mayor’s a Square (or, rather misquotes, as Rocksville), a book based on his Macquarie University PhD studying Sydney’s live rock music scenes from the 1950s to the 1990s. Homan, now a lecturer in popular music at the University of Newcastle in New South Wales, has been a local rock musician himself and used the connections he gained from his day job to interview many rock musicians and venue promoters in this particular area of Australia for the PhD/book. My misgivings about the project are not its focus – in my view, regulatory regimes in popular culture are extremely important social and cultural formations for us to theorize and analyse. The doubts I have are based in the symbolic theoretical and political shifts hidden in the REM title – Don’t Go Back to Rockville. Pop theory, as opposed to Rock ideology, is an important position to fight for in the study of popular music formations, be they local (as in the case of Homan’s study) or global. In my estimation, Homan’s work is too much embedded in Rock theory.
Law’s Moving Image, edited by Leslie Moran, Emma Sandon, Elena Loizidou and Ian Christie
Authors: Rahmatian Dr Andreas
Published: June 2016

This edited volume contains sixteen articles by an interdisciplinary team of lawyers, sociologists and film experts circling around the interrelation between law and ‘the moving image’. This ambiguous expression denotes mostly ‘film’ in the present context but also, as Celia Lury’s contribution, ‘A more developed sign: the legal mediation of things’ shows, developments caused by imagery produced through trade marks and branding policies.
Editorial
Authors: Osborn Guy
Published: June 2016

The online publication of the Entertainment and Sports Law Journal marks a significant point in the growth and development of this discipline. Originally constituted as Entertainment Law, and published by Frank Cass, this publication marks at least two changes.
Qualifying for Europe? The Legitimacy of Football Banning Orders ‘On Complaint’ under the Principle of Proportionality
Authors: Pearson Geoff
Published: June 2016

Football Banning Orders ‘on Complaint’ are now seen as an essential part of the fight against ‘hooliganism’ by English football supporters abroad. However, they have been criticised for infringing the fundamental rights of supporters who have not been convicted of any offence and as such they are only justifiable under EU law and the ECHR if they are proven to be a proportionate response to the problem. A fall in arrests at recent tournaments has led many to claim that ‘the end justifies the means’, a claim supported by the Court of Appeal’s decision in Gough. This article assesses whether Banning Orders on Complaint do indeed satisfy the principle of proportionality, questioning not only the decision in Gough but also the legitimacy and value of Banning Orders as a response to football crowd disorder more generally.
Developments in the Regulation of Broadcasting Advertising
Authors: Randle Paul
Published: June 2016

This Intervention provides a review of developments in the regulation of broadcast advertising within the UK. The piece focuses on the implications of media convergence on broadcast advertising, and provides a brief history and analysis of the regulation of broadcast advertising within the UK. The piece also reviews Advertising Codes and provides an overview of regulatory bodies such as OFCOM and the ASA, and their respective roles.
Beauty and the Beast: Art and Law in the Hall of Mirrors
Authors: Philippopoulos-Mihalopoulos Andreas
Published: June 2016

A connection between art and law is the focus of this article. This connection is based on their autopoietic, self-referential nature as described by Niklas Luhmann in his legal sociology and his treatise on art. Expectedly, the two systems have different behavioural patterns. While art takes a narcissistic pleasure in its self-referentiality and augments the paradox by reproducing itself and its structures as a conscious hyper reality, law is still tied up in its missionary role as an instrument for social justice and regards any insinuation to self-referentiality as an affront. While some basic but ultimately prosaic questions such as ‘what is art?’ and ‘what is law?’ will inevitably be posed, they will happily be left unanswered, not only for sanity’s sake, but also for a specific methodological reason: the questions will be projected onto themselves in an attempt to locate the respective roles of the two systems – those of art and law. The result is an observation on whether there is indeed a need for an ‘external’, hallopoietic stand point from which to exert critique and instigate social change, or whether the so-perceived ‘offensiveness’ of self-referentiality is a vehicle for unspectacular yet effective social amelioration.
Policing Elvis: Legal Action and the Shaping of Post-Mortem Celebrity Culture as Contested Space
Authors: Wall David S.
Published: June 2016

Celebrity cultures are neither benign nor static, they have their own careers during and beyond the lives of their creators. While they are shaped primarily by creativity and sustained by market forces, as soon as celebrity is created it becomes a contested space and a power struggle ensues. This article explores the use of legal and quasi-legal actions in the shaping of celebrity culture as contested space. It draws upon an analysis of the post-mortem career of Elvis Presley to illustrate how our knowledge of Elvis has been formed by the various legal actions which assisted the passage of his name, image and likeness from the public to the private domain and also the various ‘policing’ governance strategies that have since been employed to maintain control over the use of his image.Central to the discussion is an exploration of the paradox of circulation and restriction, whereby the holder of an intellectual property right in a celebrity culture needs to circulate it in order to exploit its popularity and thus generate income streams, while simultaneously regulating the ways that the celebrity culture is consumed in order to maintain legal control over it in order to preserve those same income streams. The ‘paradox’ arises from the observation that, on the one hand, too much open circulation of a celebrity culture can lead to the development of secondary or even generic meaning that not only threatens the holder’s exclusive rights over the property, but also has the potential to demean, debase or even destroy the overall integrity of the culture. On the other hand, too much restriction through over zealous control could effectively strangle the celebrity culture by killing off sensibilities of personal ownership and affiliation.It will be argued that not only will the balance between circulation and restriction never be an easy fit, but it is also wrong to perceive it simply as a zero sum equation. The relationship between the two is far more complex than assumed by the traditional legalistic model because the paradox provokes conflicting inter-pretations of the truth, which subsequently fuels debates about the celebrity, retains public interest and ultimately keeps the celebrity culture alive. The ‘ contestability’ of celebrity culture is therefore not the traditionally assumed death threat to popular culture, rather, it is an important, if not essential, aspect of the career of a posthumous celebrity culture.This article is largely concerned with US intellectual property law, particularly the right of publicity whose origins lie in the right of privacy; however, the discussion has potential significance for European jurisdictions because of the development there of privacy rights under EU law.
The Law Relating to Brazilian Sports Fans: An Introduction for a British Audience
Authors: Fortes Pedro R.
Published: June 2016

This article describes the recent developments in Brazilian law that led to the enactment of the Sports Fans Statute in 2003. Over the last decade, Brazilian fans have been treated as consumers and are consequently entitled to a bundle of legal rights: fairness of the competition; transparency; access to an ombudsman; transportation; personal safety; insurance; sanitation; fair tickets and food pricing; and ticket selling standards. In addition to these consumer rights, due to the escalation of violence among hooligans, Brazilian authorities established Sports Fans Courts, prohibited alcohol consumption inside football stadiums, and permitted certain sports fans associations to be banned as well as individual spectators. Recently, the organisation of the World Cup provoked a clash between the transnational culture of FIFA executives and the local legal culture of Brazilian lawyers, as the norms adopted to organise the national Brazilian competition will be suspended during the international tournament.
Reduced Horse Power: The Jockey Club and the Regulation of British Horseracing
Authors: Vamplew Wray
Published: June 2016

The Jockey Club, founded in 1752, has influenced racing for two centuries and controlled it by the consent of the racing industry since the 1870s. Despite legal challenges and public criticism of a self-perpetuating, private club governing a major British sport, it maintained its pre-eminent position until the 1990s. In 1993 it began to share power with the British Horseracing Board, though retaining the regulatory and disciplinary role. Failure to take full cognisance of human rights legislation, media publicity over corruption in the sport, and a conflict of interest via its ownership of racecourses led to proposals for a new, independent governing body.
A Quantitative Approach to Assessing Legal Outcomes in Reported Sport and Recreation Negligence Cases Involving Assumption of Risk
Authors: Connaughton Daniel P.
Published: June 2016

The purpose of this research was to study legal cases which utilised the assumption of risk defence in sport and recreation lawsuits employing a quantitative approach. Assumption of risk has traditionally been an important defence in sport and recreation cases. Generally, those who voluntarily accept a known and appreciated risk when injured while participating in a recreational activity will be held to have assumed the inherent risks associated with participation in the activity. This study sought to identify selected case factors and outcomes in sport and recreation cases where the assumption of risk defence was raised. Published court decisions were selected, and key factors coded and statistically analysed. Variables of interest were categorised as plaintiff characteristics, governing law and situational variables. The variables were analysed using frequencies and cross-tabulation. The results revealed that assumption of risk was a successful defence for sport and recreation providers in the majority (63.8 per cent) of cases. Defendants were especially successful where the defendant was an individual (81.3 per cent), where a statute specific to the risks assumed in a sport or recreation activity applied (77.8 per cent), where the incident occurred in an outdoor remote setting (75.0 per cent), where warnings were provided (72.5 per cent), and where there was no supervision (71.8 per cent). Further research, using regression analysis to determine the variables that best predict case outcomes and to develop a better understanding of assumption of risk for those involved with the management of sport and recreation activities, is recommended.
The Court of Arbitration for Sport: An International Forum for Settling Disputes Effectively ‘Within the Family of Sport’
Authors: Blackshaw Ian
Published: June 2016

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU). In the EU alone, some 2 million jobs directly and indirectly related to sport have been created. And in the UK, annual consumer spending on sport has reached a staggering £12 billion. It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work. But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work!
Is There a Global Sports Law?
Authors: Foster Ken
Published: June 2016

How can international sporting federations be regulated by law? This question is analytically dependent on a narrower question, whether there is a definable concept called international sports law. This article distinguishes between ‘international sports law’ and ‘global sports law’. International sports law can be applied by national courts. Global sports law by contrast implies a claim of immunity from national law. Conceptually, it is a cloak for continued self-regulation by international sports federations and a claim for non-intervention by national legal systems and by international sports law. It thus opposes a rule of law in regulating international sport.
Facial Injuries and Football Before School
Authors: Ruff Anne
Published: June 2016

Sir Alex Ferguson may be grateful that David Beckham did not seek legal redress for the injury caused to his left eyebrow by a flying football boot. In Kearn-Price v. Kent County Council [2002] EWCA Civ.1539, a 14-year-old pupil suffered a serious eye injury when he was struck by a football while standing in the school playground. The Court of Appeal dismissed the local education authority’s appeal against the decision of the county court that the school had been negligent in failing to prevent the injury to the pupil.
Freedom of Expression and Music Contracts: Is There a Place for Blasphemy Anymore?
Authors: Gregg Lindsay D.
Published: June 2016

This article discusses the use of the traditional warranty given by recording artists and music composers, when signing contracts with record and music publishing companies, that the material they submit shall not be blasphemous. The historical context and evolving legal nature of blasphemy in England is analysed in the light of article 10 of the European Convention on Human Rights, namely freedom of expression, which has been introduced into English law by the Human Rights Act 1998. The article argues that record and music publishing companies have – albeit by accident rather than design – realigned their respective contracts so that they are more in tune with the spirit of the Convention in terms of freedom of expression by removing the warranty in respect of blasphemy. However, blasphemy is still a crime in England, so music law practitioners representing parties to the record and music publishing contracts need to be aware that this remains the case and advise their clients accordingly.
The Trouble with Roy Keane
Authors: James Mark
Published: June 2016

This article analyses the potential legal actions that could arise out of Roy Keane’s challenge on Alf-Inge Haaland in the light of the comments attributed to Keane in his recently published autobiography. This challenge becomes all the more interesting because of these comments as it raises the possibility that every cause of action that has ever been used in this country in respect of an incident of participator violence may come into play. Throughout, the implications for contact sports of this kind of legal intervention and the ever-present argument over the need for the law to be used in these circumstances will be referred to. The incident is used as a reference point for the application of the law to disputes arising out of football matches and to highlight the public policy arguments for and against bringing the various causes of legal action.
The Legal Context of a Player Transfer in Professional Football: A Case Study of David Beckham
Authors: Lawrence Dr Ian
Published: June 2016

Professional elite football is a global industry, and a significant component of the entertainment and commercial markets (Kennedy, 2012). As of January, 2013, Deloitte’s Football Money League saw five teams earn over €300 million, with Real Madrid’s revenues in excess of €500 million (Deloitte, 2013). Within such an industry, players are high profile assets. These assets represent a significant expense for elite clubs, as players’ wages to operating revenue ratio was approximately 60+% in Union of European Football Association’s (UEFA) major league’s in 2011 (Binder & Findlay, 2012; Deloitte, 2012). Elite clubs compete for these players; premium-priced assets in the contemporary transfer market (Binder & Findlay, 2012). Thus, the contractual law existing between players and clubs is specific, extensive, and tightly constructed to facilitate the acquisition and disposal of these assets (Amir & Livne, 2005; Lembo, 2011).
Beckingham v. Hodgens: The Session Musician’s Claim to Music Copyright
Authors: Free Dominic
Published: June 2016

The High Court judgment in Beckingham v. Hodgens, delivered in July but as yet unreported, revisits the issue of the backing musician’s entitlement to a share of the copyright in a song on which he has played. The decision seems to put the law in this area back on the right path, from which it had strayed in Hadley & Others v. Kemp (the Spandau Ballet case) [1999] EMLR 589. It also demonstrates the continuing divergence between conventions in the music industry and the law in relation to music copyright.
Disputing Stonehenge: Law and Access to a National Symbol
Authors: English Penny
Published: June 2016

Stonehenge has been the site of lengthy, and at times violent, disputes concerning the refusal of access to the site. In particular, this has concerned the wishes of various groups of people to celebrate there (whether in religious or secular form) at Midsummer. This paper examines the events at the site from the violent end to the era of free festivals at the site in the mid-1980s to the current moves to extend free access to the stones at the Solstice. It suggests that these events cannot be viewed in isolation. Denying access to a national monument held in public ownership raises questions of the nature of national monuments themselves, and of the society for which they have symbolic importance. The recent moves towards open access to the site at the Solstice are part of a process of renegotiation of boundaries, which itself reflects a changed social climate. However, this has not provided a final resolution to the problem of reconciling diverse interests in the site.
Governing Nightlife: Profit, Fun and (Dis)Order in the Contemporary City
Authors: Chatterton Paul
Published: June 2016

This article develops an understanding of the governance of urban nightlife. The starting point is that a night out in the post-industrial, consumption- oriented city is as much about issues of economic development and creativity as it is about ‘law and order’ and ‘social control’. Further, a number of groups often with conflicting interests, such as the local state, police, licensing magistrates, residents groups, door security firms, nightlife operators, consumers and workers, are involved in governing the night. However, the main aim of the article is to highlight that a ‘consensus’ has been formed for how the night-time economy should develop, which is largely based around meeting the needs of large and highly acquisitive property developers and entertainment conglomerates, profit generation and selling the city through upmarket, exclusive leisure aimed at highly mobile, cash-rich groups. The article concludes by asking what are the implications for older, historic and alternative, independent forms of nightlife.
Human Earrings, Human Rights and Public Decency
Authors: Lewis Tom
Published: June 2016

This article argues that the use of the common law offence of outraging public decency to attack art and artists (as it was in R v. Gibson – the ‘foetus earrings’ case – in 1991) has effectively been rendered impossible by the Human Rights Act. This is the case despite the fact that the European Commission of Human Rights found there to be no breach of the article 10 right to freedom of expression in the case of Gibson itself. The HRA mandates reform of such common law provisions and will lead to more rigorous protection of the right to artistic expression by domestic courts than has hitherto been available at Strasbourg.
Speak, in the Name of the Law
Authors: Crystal David
Published: June 2016

Imagine this scenario. A legal historian from Mars (shall we say?) is interested in finding out what the human race thinks of lawyers. He has heard that Shakespeare is the world’s greatest playwright, so naturally he thinks his works are an obvious place to look for an opinion. He hacks into one of the electronic databases of the plays, and types in ‘lawyer’. He finds eleven instances of the word. What impression would he get – would we all get – of the profession which is the focus of this Globe Education series? If we run through the instances, I don’t think you’ll have too much trouble reaching a conclusion about the matter.