bluuebunny/crossref_metadata_2025 huggingface dataset:
Sex Differences in Osteomyelitis of the Foot in Persons With Diabetes Mellitus: A Meta-Analysis
Authors: Zhang Le-Xuan , Wang Yu-Ting , Zhao Jun , Li Yang , Chen Hong-lin
Published: July 2021

BACKGROUND: Osteomyelitis of the foot is a risk factor for amputation in persons with diabetes mellitus. There is some evidence to suggest that patient sex affects the risk of diabetes-related foot complications. PURPOSE: To examine the effect of sex on osteomyelitis risk in patients with diabetic foot disease. METHODS: Systematic searches of PubMed and the China National Knowledge Infrastructure were performed from inception through May 2020 using the terms “diabetic foot” and “osteomyelitis.” Original research studies including persons with diabetes mellitus, diabetic foot disease, or ulcers as well as reports of osteomyelitis were included. Study quality was assessed according to the Newcastle–Ottawa Scale. The pooled odds ratio (OR) and 95% confidence interval (CI) for osteomyelitis were calculated by sex. RESULTS: Nine (9) studies from 6 countries involving 2583 patients met the inclusion criteria for analysis. No significant publication bias was observed. The average age of patients was 65.2 years, and 32.03% of men and 30.0% of women were diagnosed with osteomyelitis. The pooled OR was 1.14 (95% CI, 0.94-1.38; P = .76). Regression analysis (t = -0.61; P > .561) showed no association between the incidence of osteomyelitis and ORs. CONCLUSION: This meta-analysis suggests that patient sex does not affect the odds of having osteomyelitis among persons with diabetes and diabetic foot disease or ulcers.
Graphics by Grigory Gurkin
Authors: Гончарик Н.П.
Published: July 2021

Рассматривается творчество первого профессионального художника Алтая Г.И. ЧоросГуркина, основные произведения живописи и графики, уникальные этнографические рисунки из собрания Государственного художественного музея Алтайского края.

We consider the work of the first professional artist of Altai G.I. ChorosGurkin, his major works of painting and graphics, unique ethnographic drawings from the collection of the State Art Museum of Altai Region.
Zanabazar – spiritual top of Mongolia
Authors: Шишин М.Ю.
Published: July 2021

В статье представлены основные этапы большой общественной, религиозно-философской и художественной жизни Дзанабадзара выдающейся личности Монголии второй половины XVII начала XVIII вв. Его путь отмечен большими достижениями в государственной жизни была заложена особая форма государственного управления, сочетавшая светскую и религиозные формы, им был разработан алфавит соёмбо, который помог перевести на монгольский язык фундаментальные труды по религиозной обрядовости и метафизике, он проявил себя и как глубокий мыслитель, что нашло отражение в его философских трудах, и как выдающийся скульптор его произведения скульптурной пластики поражают совершенством форм, пропорциями и несут образы высочайшей духовности. Особенно выделяются две его скульптуры Зеленая и Белая Тары. Дзанабадзар заложил основы монгольской школы скульптуры. Его имя носит главный художественный музей в Улан-Баторе.

There are main stages of the big social, religious, philosophical and artistic life of the outstanding personality of Mongolia of the second half of 17th and the beginning of18th centuries Zanabazar are represented in this article. His way is marked with the great achievements in the state life, there was established a special form of government, combined secular and religious forms, the soyombo alphabet was elaborated by him and it helped in translating into Mongolian the major works about religious formalism and metaphysics, he proved himself both as the deep thinker, that was reflected in his philosophical works and as the prominent sculptor as his works in sculpture plastic arts amaze with the perfection of forms, proportions and the images of the supreme spirituality. Two his sculptures are particularly emphasized, they are Green and White Taras. Zanabazar laid the basis for the Mongolian school of sculpture. The main art museum in Ulaanbaatar is named after him.
Altai. Russia. Mongolia: to the 85 anniversary from the birthday of the honored artist of Russian Federation F.S. Torkhov
Authors: Пешков Е.Ю.
Published: July 2021

10 октября 2015 года исполнилось 85 лет со дня рождения заслуженного художника России Ф.С. Торхова, создавшего яркие и запоминающиеся живописные образы Алтая и Монголии. Художник и общественный деятель внес значительный вклад в современное искусство Евразии и много сделал для укрепления межгосударственных и культурных связей между Россией и МНР. Государственный художественный музей Алтайского края отметил памятное событие персональной выставкой художника Алтай. Россия. Монголия. На Алтае и в Монголии состоялись выставки и мероприятия, посвященные знаменательной дате. Подробно о выставке в ГХМАК и кратко о других событиях рассказывается в статье.

10 October of 2015 was the 85 birthday of the honored artist of Russian Federation F.S. Torkhov, who created bright and memorable picturesque images of Altai and Mongolia. The artist and the social activist significantly contributed in the modern art of Eurasia and did a lot for the strengthening of the interstate and cultural relations between Russia and Mongolian People’s Republic. State Art Museum of the Altai Krai celebrated this memorable event with the personal exhibition of the artist, named Altai. Russia. Mongolia. There were held exhibitions and events devoted to the remarkable date in Altai and Mongolia. It is said in the article about the exhibition in the State Art Museum of the Altai Krai in details and about other events briefly.
Landscape in the creative work of N. M. Romadin
Authors: Филиппова О.Н.
Published: July 2021

Становление духовного мира художника немыслимо без любви к природе родной земли. Наиболее ярко выражена она в искусстве пейзажа. История советского пейзажа знает много прославленных имен. Картины А.А. Рылова и Н.П. Крымова, И.Э. Грабаря, К.Ф. Юона, В.В. Рождественского, С.В. Герасимова стали неотъемлемой частью нашей художественной культуры. Свой, особый вклад внес в сокровищницу советской пейзажной живописи и Николай Михайлович Ромадин (1903-1987 гг.). Циклы его пейзажей отличаются большой цельностью. Совершенство природы в соединении с трепетностью чувства художника составляет суть его искусства, не оставляющего зрителя равнодушным.

Formation of an inner world of the artist is impossible without love to the nature of the native earth. It is most brightly expressed in art of a landscape. The history of the Soviet landscape knows a lot of the glorified names. Pictures A.A. Rylov and N.P. Krymov, I.E. Grabar, K.F. Yuon, V.V. Rozhdestvensky, S.V. Gerasimov became an integral part of our art culture. His special contribution was made to the treasury of Soviet landscape painting by Nikolai Mikhailovich Romadin (1903-1987). Cycles of his landscapes differ in big integrity. Perfection of the nature in connection with reverence of feeling of the artist makes an essence of his art which does not leave the viewer indifferent.
An introduction to Buddhist iconography
Authors: Ханда Ом.Ч.
Published: July 2021

В статье представлены основные этапы формирования буддийского искусства в Тибете, формирование буддийского пантеона, его специфика и влияние со стороны ранних культов, тантризма, индуизма. Описывается иконологическая иерархия буддийских образов и основные виды искусства – танка, фреска, скульптура. 

The article presents the main stages of the Buddhist art of Tibet, the formation of the Buddhist pantheon, its specificity and the influence from the earliest cults, Tantrism, Hinduism. It describes iconological hierarchy of Buddhist images and basic forms of art – the thangka, fresco, sculpture.
Artistic expressiveness of deer stones
Authors: Гантулга Д.
Published: July 2021

В статье рассматриваются основные принципы построения композиции оленных камней, расположенных на территории Монголии; дается интерпретация отдельных сюжетов. Автор исследует наскальные рисунки и композиции на оленных камнях как отражение мировоззренческих оснований древнего человека.

The article considers the basic principles of composition of deer stones located on the territory of Mongolia. The interpretation of individual plots is given here. The author explores rock carvings and compositions on deer stones as a reflection of the world outlook foundations of an ancient people.
Icons of academic writing in the collection of the State Art Museum of Altai Krai
Authors: Школина Е.В.
Published: July 2021

В статье рассматривается развитие академической иконы в России с XVII века по настоящее время. Исходя из исторических процессов, автор анализирует собрание академической иконописи в Государственном художественном музее Алтайского края. Делается вывод о том, что для создания иконы имеет большое значение профессиональное мастерство иконописца и выполнение им главной священной миссии – создание литургического образа.

The development of the academic icon in Russia from the seventeenth century to the present day is discussed in this article. The author analyses the collection of academic iconography in the State Art Museum of Altai Krai on the basis of historical processes. It is concluded that mastery of the icon painter and the accomplishment of his sacred mission – creation of liturgical image – is very important for creation of the icon.
The way of friendship
Authors: Содномцэрэн Х.
Published: July 2021

Статья представляет собой воспоминания участника большинства советско-монгольских художественных экспедиций, которые регулярно осуществлялись с 80-х годов прошлого века.
Ecological aesthetics in miniature paintings
Authors: Самбьял Р.С.
Published: July 2021

Переплетение культур в дополнении с традиционными видами искусства придает изыск культуре Индии. Утонченное искусство создания миниатюр является одним из проявлений человеческого разума. В миниатюрах, изображавших сцены встреч богов с людьми, природа постепенно становилась основной идеей. Живая поэтическая выразительность стала мотивом миниатюр и смешалась с цветами природы, идеалистически и таинственно складываясь в неповторимый узор. 

Tapestry of cultures embellished with traditional art forms has ornamented the Indian culture. The elusive art of Miniature Painting is one such expression of human intellect. The miniatures which used to depict the court scenes gradually adopted nature as its theme. The vivacious poetic expressions became the theme of miniature paintings and got blended with colors of nature, intertwining the idealistic and mystical in matchless harmony.
Metaphysics of Nature: art-critic analysis of Chinese paysage painting by T. Burckhardt
Authors: Фотиева И.В. , Шишин М.Ю.
Published: July 2021

Статья посвящена наследию еще недостаточно известного в России  философа, культуролога, искусствоведа Титуса Буркхардта. Дается обзор раздела одной из его ведущих работ «Сакральное искусство Востока и Запада. Принципы и методы», посвященного пейзажной китайской живописи. Отмечается точность и глубина проводимого Буркхардтом анализа как художественно-выразительных средств, так и философско-метафизических основ китайской пейзажной живописи, а также ее отличия от близких европейских течений.

The article is devoted to the heritage of the philosopher, culturologist, art critic Titus Burkhardt, who is still not well known in Russia. The authors give an overview of the section of one of his leading works "Sacred art of the East and the West. Principles and methods", dedicated to landscape Chinese painting note the accuracy and depth of the analysis conducted by Burkhardt, both artistic expressive means, and the philosophical and metaphysical foundations of Chinese landscape painting, as well as its differences from close European art currents.
A Cohort Study of the Efficacy of the Dienogest and the Gonadotropin-Releasing Hormone Agonist in Women with Adenomyosis
Authors:   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, MM Ji , M Yuan ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, X Jiao ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, QJ Li ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, YF Huang ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, J Li ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China, GF Wang ,   Department of Obstetrics and Gynecology, Qilu Hospital of Shandong University, Jinan, China
Published: July 2021

Purpose: To study the efficacy and safety of the dienogest and the Gonadotropin-Releasing Hormone agonist (GnRH-a) in symptomatic females with uterine adenomyosis. Methods: A total of 127 patients with adenomyosis with a chief complaint of dysmenorrhea were recruited. The first group received 2mg of Dienogest (DNG) daily, whereas the second group received Goserelin Acetate (GS) (3.6mg/4 weeks) for 12 weeks. Outpatient follow-up was undertaken after 12 weeks. Results: Among 127 women, 56/63 (87.5%) patients completed the treatment in the DNG group, whereas 62/64 (96.9%) patients completed the treatment in the GS group. A significant decrease in dysmenorrhea symptoms as measured by the Visual Analog Scale (VAS) and Carcinoma Antigen125 (CA125) after 12 weeks of treatment was observed in both groups (P<0.001). The hemoglobin of anemic patients did not significantly improve after 12 weeks of treatment (P=0.21) and the uterine volume slightly increased without statistical significance (P=0.10) in the DNG group. Simultaneously, the hemoglobin of anemic patients significantly improved (P<0.001) and the uterine volume significantly decreased (P<0.001) in the GS group. Conclusions: Dienogest effectively alleviates the symptoms of dysmenorrhea in patients with adenomyosis, but it cannot improve the anemia or reduce the size of the uterus. GnRH-a is more effective in improving anemia and reducing the uterine volume in patients with adenomyosis.
Feasibility of continuous action unit parameters for road underlay formation
Authors: Nikolaev V. A.
Published: July 2021

Introduction.Russia has a large spatial disunity of settlements and other objects. Therefore, it is irrational to use low-productivity technical means of cyclical action in the construction of roads. To increase the pace of road construction, improve quality, reduce energy costs for road construction, where relief allows, it is economically feasible to use a set of units of continuous action. Continuous action units, moving one after another, will consistently perform a set of works, carrying out the full construction of the road by flow method. The complex should have a continuous action unit to form a underlying layer. To create complex units, their theoretical justification is necessary. In order to determine the geometric and dynamic parameters of the loading part of the unit to form the underlying layer, the process of moving the bucket filled with soil before it is unloaded is considered.

The method of research. Based on the constructive layout of the loading part of the unit, the process of moving the bucket filled with soil before it is unloaded is divided into the stages: vertical ascent, moving in the direction of the leading star of the upper drive, two phases of the bucket rotation on the leading stars of the upper drive, moving from the moment of the end of the turn on the leading star of the upper drive to the start of the turn on the lower turn. When the bucket moves vertically up, the ground is no for dumped. Graphically, this angle of the bucket is chosen when it moves in the direction of the leading star of the upper drive, at which the ground will not fall out of the bucket. Two phases of the bucket rotation on the leading stars of the upper drive and moving the bucket from the moment of the end of the turn on the leading star of the upper drive to the moment of the turn on the lower turning roller are considered. The necessary parameters dependencies have been deduced.

Results.Based on the developed methodology, the geometric and dynamic parameters of the loading part of the unit are defined. In particular, the torque of the top drive, the angular velocity of the drive sprockets, the power required for the top drive, the transmission ratio from the hydraulic motor to the sprockets are calculated. Based on the power transferred, a hydromotor was selected for the upper drive of the unit.

Conclusion.The calculations reveal the maximum traction force of all buckets during their travel to discharge the soil, the torque of the top drive, the angular velocity of the top drive sprockets and the power required for the top drive. It is advisable to use for the upper drive of the unit gerotor hydromotor MT-160 and two-stage planetary gearbox. The calculations made it possible to develop the design of the elements of the loading part of the continuous action unit to form the underlying layer of roads.
Determination of engine oil change interval for patrol engines based on actual operating time
Authors: Abakarov A. A. , Igitov Sh. M. , Abakarov Ali A.
Published: July 2021

Introduction. This paper shows the results of a study of the frequency of maintenance of passenger cars in various operating conditions, and provides recommendations for replacing the engine oil of gasoline engines (category SN classification according to API) according to the actual engine operating time (moto-hours). The service book of passenger cars contains the regulations for car maintenance with a list of operations that must be performed. The oil change intervals specified in the Regulations on Maintenance and Repair of Rolling Stock of motor Transport and the factory instructions do not take into account the specifics of the operation of vehicles. Depending on the road and climatic conditions and the operating mode, the standard maintenance schedule can be adjusted, in particular, the frequency of engine oil changes. The scientific novelty of the work is to determine the intervals of car maintenance for specific operating conditions.

Materials and methods. The paper presents an analysis of Russian and foreign car maintenance systems, in particular, the oil change intervals of gasoline engines in European countries, the United States and Japan.

The results of operational and resource tests of motor oils of gasoline engines carried out by methods of measuring their physical and chemical properties are presented.

Results. In this paper, based on the analysis of the problem, recommendations for changing oil in gasoline engines by motorcycle hours for the conditions of the Republic of Dagestan (RD) are developed.

The use of external and built-in technical means for calculating the motor hours allows you to determine the recommended oil change interval.

Discussion and conclusion. In this paper, on the basis of research on a certain number of vehicles operating in various (including difficult) conditions, recommendations are developed that allow you to determine the rules of car maintenance for various operating conditions.
Behavior of unsaturated cohesive-frictional soils over a whole range of suction/thermo-controlled stress paths and modes of deformation
Authors: Hoyos Laureano , Davoodi-Bilesavar Roya , Patil Ujwalkumar , Yepes-Heredia Jairo , Pérez-Ruiz Diego , Cruz José
Published: July 2021

The present work documents some of the most recent experimental evidence of the thermohydro-mechanical behavior of compacted soils over a whole range of suction- and/or thermo-controlled stress paths and modes of deformation, including data from a series of triaxial, true triaxial, plane strain, ring shear, and resonant column tests conducted on different types of cohesive-frictional soils in the low-to-medium matric suction range under either room temperature or thermally controlled conditions. The work has been accomplished at the Advanced Geomechanics Laboratory of the University of Texas at Arlington, focusing primarily on the following essential features of unsaturated soil behavior: (1) Loading-collapse and apparent tensile strength loci assessed from suction-controlled triaxial and true triaxial testing on clayey sand, (2) Critical state lines from suction-controlled plane strain testing on silty soil, (3) Peak and residual failure envelopes from suction-controlled ring shear testing on clayey soil, (4) Frequency response curves and cyclic stress-strain hysteretic loops from thermo-controlled, constant-water content resonant column testing on clayey soil, and (5) Residual failure envelopes from suction/thermo-controlled ring shear testing on clayey soil. The work is intended to serve as a succinct yet reasonably thorough state-of-the-art paper contribution to PanAm-UNSAT 2021: Third Pan-American Conference on Unsaturated Soils, Rio de Janeiro, Brazil, July 21-25, 2021.
Environmental Alterities
Authors: Walford Antonia
Published: July 2021

In the context of accelerating environmental crises and exhausted intellectual paradigms, this book asks what comes after ‘after nature’. Instead of demanding new models and approaches, it invites its readers to look to the endpoints and failures of what is already known, in order to generate alternative forms of ethical engagement with worlds both on this planet, and beyond it. Drawing together scholarship from across science and technology studies, philosophy, and anthropology and bringing it into conversation with rich ethnographic and empirical material, the book asks how we might potentialise the contradictions and oppositions of critical social scientific thinking in order to develop a mode of paradoxical engagement that is in constant movement between knowledge and its edges, practices and their limits, and which allows us to relate to that which is excessive to relations and relationality.
UNIVERSAL EDUCATION: ‘A DREAM DEFERRED’?
Authors: Mhaga Olwethu
Published: July 2021

This article is an analysis of the South African higher education system detailing the effects of ‘massification’ and how progress can be made in ensuring greater participation without impeding on the quality of the institutions. Bearing in mind the recent protests and the mass ‘feesmustfall’ student movement,1 higher education has become a prominent feature in the national conversation. Due to the effectiveness of higher education in breaking the poverty cycle and combating the inequalities that remain persistent in our society it is integral that access is widened more effectively especially to the most vulnerable sections of our society.
QUEER WOMEN OF COLOUR: THE INTERSECTION OF CULTURE AND IDENTITY
Authors: Goba Nosipo
Published: July 2021

In this article the author offers an analysis and critique of the positionality of Black Queer women within modern identity politics in order to unpack and demonstrate the ways in which their identity and the multiple forms of oppression and violence attached to these identities need an integrated and intersectional approach that extends beyond the bounds of the law to resist and address oppressive systems of power which Western conceptions of liberation and emancipation fail to do.
THE AFRICAN TRANSFORMATIVE NOTION OF UBUNTU AND THE ENDURANCE OF THE ROMAN QUASI-CONTRACT OF NEGOTIORUM GESTIO WITHIN THE SOUTH AFRICAN CONSTITUTIONAL DISPENSATION
Authors: Mogadime Mpho
Published: July 2021

This article serves as a focused discourse on the endurance of the Roman quasi-contract of negotiorum gestio in South African law, so as to establish whether or not this particular rule has been abrogated by disuse and whether, in view of the African transformative notion of ubuntu, it is upheld by the Constitution. I will firstly provide a brief definition and practical operation of the quasi-contract. Secondly, I will discuss whether negotiorum gestio has been abrogated by disuse, with a brief analysis of the doctrine of abrogation. And lastly, I will discuss the constitutional validity of negotiorum gestio, in light of the African transformative notion of ubuntu, including antithetical views on the validity of the quasi-contract.
THE APPLICATION OF LABOUR LAW TO RELIGIOUS LEADERS IN SOUTH AFRICA
Authors: Andriés Devon-Lee
Published: July 2021

This article falls upon the backdrop of a highly debated and controversial area of the law. In 2009 a homosexual minister was dismissed from her position at a Methodist church upon announcement of her impending marriage to her female partner.1 This opened up the pertinent question of whether such a person constitutes an employee for purposes of labour law, which is what this article seeks to address.
MARIKANA, A PAST NEVER TRULY ESCAPED: A CRITIQUE ON THE COMMODIFICATION OF THE LEGAL SYSTEM AND THE LAW AS AN INSTRUMENT OF JUSTICE IN POST-APARTHEID SOUTH AFRICA
Authors: Rajah Vaughn
Published: July 2021

This article demonstrates that the Marikana tragedy was not a departure from the norm, but a continuation of state and corporate behaviour that has oppressed black South Africans for hundreds of years. This will be done through an analysis of the historically discriminatory socio-economic patterns of South African society, and how they subjugate the poor by limiting their access to legal and physical protection. These trends portray a history of commodification of the legal system. I discuss a notable documentary on the massacre, Miners Shot Down, and examine its depiction of the causes and effects of the events. The film provides no mention of the historical context of the killings, nor does it comment on many of the factors contributing to the massacre. Despite this, it succeeded in bringing the events to the attention of the broader public. I analyse the notions of justice, the rule of law and their application in South Africa as well as norms in the nation’s legal culture. Additionally, I examine the Farlam Commission, and how its procedures and conclusions hindered the course of justice in the context of our democracy. Ultimately, I demonstrate how the Marikana massacre was not a change in dynamic, but a reminder of a past we have never truly escaped.
BLIND JUSTICE: AN ANALYSIS OF THE IMPACT OF THE SYMBOLIC LADY JUSTICE IN ADJUDICATION
Authors: Mogadime Mpho
Published: July 2021

This article serves as an analysis of the depiction of the neutrality and objectivity of judges through the image of Lady Justice. I will investigate whether this depiction is relevant under the current constitutional dispensation, bearing in mind a value-orientated approach to law. Firstly, I will discuss the historical development of the image of Lady Justice with regards to adjudication. Secondly, I will analyse the relevance of Lady Justice in a post-apartheid South African context. Thirdly, I will provide a discussion on the postapartheid contextual meaning of reconciliation and the onus of a value-orientated approach to adjudication that the Constitution has placed on the courts.
LOBOLA (BRIDE PRICE) CULTURE AND THE EQUALITY OF WOMEN IN ZIMBABWE
Authors: Vengesayi Priccilar
Published: July 2021

This paper seeks to examine the effects of lobola custom on the status of women and their right to equality. It argues that lobola creates a hierarchy in the marriage institution which forms the basis for unequal power relations between husbands and wives. In its form and procedure, lobola perpetuates the subjugation of women to men. Women are subjected to control by men. This violates equal rights enshrined in Section 56 of the Constitution of Zimbabwe, Amendment (No 20) Act, 2013 (hereinafter referred to as 2013 Zimbabwean Constitution).
UNDERSTANDING THE BEAST OF SEXUAL HARASSMENT IN THE WORKPLACE
Authors: Nemavhidi Muano
Published: July 2021

The field of labour law is an increasingly expansive one; however, one standard aspect remains common to it.1 This inescapable requirement usually involves the interaction of persons in a work environment, whether on an employee-to-employee basis or employer-to-employee level.2 In these interactions, events may arise that constitute a breaching of what is acceptable workplace conduct. A common instance of this is sexual harassment. Sexual harassment as defined in section 3(1) of the Code of Good Practice on the Handling of Sexual Harassment Cases (the Code) refers to ‘unwanted conduct of a sexual nature’.3 It may be physical, verbal or non-verbal acts. At times sexual harassment may receive a nonchalant response that insinuates the offended party somehow invited the sexual advances.4 In most cases, reasonable women do not complain about sexual harassment.5 This paper will seek to advance the perspective that this is not so and will do so by a critical analysis of various source materials. This is to the effect that the invalidity of this perspective will be critically exposed.
LOOKING TO LITERATURE FOR TRANSFORMATION
Authors: Thomas Kayla
Published: July 2021

The English literature that is being taught to law students plays a role in shaping critical and ethically conscious lawyers, as well as in contributing to a transformative approach to legal education in post1994 South Africa by engaging with different perspectives. Value lies in engaging specifically with previously devalued perspectives in a substantive way.5 While limited progress has been made to include diverse and previously undervalued perspectives, a more inclusive English syllabus will produce more ethically conscious and humanistic law students and lawyers.6 Incorporating more literature of marginalised groups into the law syllabus in a non-hierarchical way will challenge and perhaps begin to dismantle the pre-democratic dominance of structural and psychological oppression, systems of patriarchy, and the black inferiority complex.
ABSTRACT v SUBSTANTIVE-EQUALITY – A CRITICAL RACE THEORY ANALYSIS OF ‘HATE SPEECH’ AS CONSIDERED IN THE SAHRC-REPORT ON UTTERANCES MADE BY JULIUS MALEMA
Authors: Grootboom Kyle
Published: July 2021

In the following article I will critically analyse the concept of hate speech as it was considered in the South African Human Rights Commission’s (the ‘Commission’) report on utterances made by Julius Malema (the ‘report’).2 The critique will be delivered by way of Critical Race Theory (CRT) as I aim to illustrate the Commission’s narrow interpretation of racism in light of hate speech. Because the Commission relies on an array of court judgments and equality legislation to form its equality jurisprudence on hate speech, my critique will also set out to show that the Commission's equality jurisprudence is reflective of the Constitution and the courts’ narrow understanding of racism. I aim to argue that a narrow understanding of racism leads to a very abstract equality jurisprudence.
SHOULD THE FLAG FIT, OR MUST WE ACQUIT?
Authors: Herd Nicholas
Published: July 2021

This paper is written in response to recent litigation before the Equality Court concerning the old South African flag.3 Following alleged gratuitous displays of the flag, the Nelson Mandela Foundation in February 2018 announced that it had made an application to the Equality Court for an order declaring the flag’s gratuitous display as, inter alia, hate speech.4 The declaration sought would arguably make for a limitation on one’s right to freedom of expression. Accordingly, I assess the relief sought by the Nelson Mandela Foundation by evaluating: (1) whether conceptually hate speech prohibitions are legitimate; (2) whether section 10 of PEPUDA passes constitutional muster; and (3) whether the flag can be outright classified as hate speech under PEPUDA.
STEPPING IN THE RIGHT DIRECTION TOWARDS FULLY REALISING THE CONSTITUTIONAL PROMISE OF SECTION 29(1)(A) OF THE CONSTITUTION
Authors: Shandu Philile
Published: July 2021

This note discusses the critical facts controlling the issues of the FEDSAS case, the court’s holding and reasoning thereof, prior litigation regarding admissions to public schools and how the court’s decision actualises the right envisaged in section 29(1)(a).
STATUTORY UTILITY RIGHTS TO REALISE ACCESS TO SERVICES AS A CHARACTERISTIC OF ADEQUATE HOUSING
Authors: Muller Gustav
Published: July 2021

Government of the Republic of South Africa v Grootboom1 (‘Grootboom’) is a landmark judgment for the interpretation of the right of access to adequate housing in South Africa. In this case the Constitutional Court was confronted with the intolerable and exigent housing needs of Ms Irene Grootboom and her fellow respondents in the Wallacedene community. The community had no access to potable water and sanitation services, the municipality did not collect their domestic refuse, and very few of the informal structures had access to electricity.2 Many members of the community applied for access to low-cost subsidised housing from the Oostenberg Municipality and had been in the housing queue for almost seven years. Despite their actions they faced the prospect of enduring these intolerable conditions indefinitely. Since this prospect was unbearable, the respondents moved out of their waterlogged informal settlement onto a vacant, privately-owned property above the flood line where they erected their informal structures.
CRITICAL RACE THEORY AND FEMINIST LEGAL THEORY: PERSPECTIVES ON TRANSFORMATION OF THE JUDICIARY
Authors: Warring Hayley C.
Published: July 2021

Referring to judicial appointments, Plasket J commented in 2013 that he could see ‘no basis on which [the Judicial Service Commission] could refuse to appoint a suitably qualified person’ in the presence of qualified white candidates.1 He was not alone in this view. Others have suggested that the Judicial Service Commission (JSC) is biased in favour of black and female candidates to the detriment of their white male counterparts.2 In this article, I will not endeavour to determine whether this bias in fact exists. The aim of this article is to explore Feminist Legal Theory (FLT) and Critical Race Theory (CRT) perspectives on transformation and the right to equality, with particular attention paid to transformation of the judiciary. This article consists of six parts. In the first section, the historical context of the JSC’s establishment, as well as the standard against which its decisions are measured, is explored. Secondly, the right to equality viewed through the lens of transformative constitutionalism is assessed. The third and fourth segments of this article focus on FLT and CRT respectively. Fifthly, I analyse the commentary from CRT and FLT scholars on human rights and transformative constitutionalism. Finally, I attempt to justify the act of abstention from making appointments in relation to FLT and CRT’s notion of refusal.
THE FOURTH INDUSTRIAL REVOLUTION: A CASE FOR EDUCATIONAL TRANSFORMATION
Authors: Mtsweni Thembekile M.
Published: July 2021

In this article, I use the aims and objects of education to argue that educational empowerment involves skills development for 4th IR. At the backdrop of the meaning of ‘basic education’, I argue that any lack of adequate educational preparation for the 4th IR is an infringement on children’s constitutional right to basic education. Considering the wealth of jurisprudence centring on the right to basic education, it is further demonstrated that courts might be reluctant to grant remedies for the immediate realisation of curriculum change and other like-measures relevant for the 4th IR. This reluctancy is an aftermath of policy considerations to keep powers of the different arms of government purely separate. The conclusion reached is that: If the current judicial interpretive inflexibility and narrowness in approach to the right to basic education is maintained, and if this right is not fully fleshed out by the time the 4th IR is in full swing, the judiciary will not have an adequate, receptive and accommodating body of jurisprudence to refer to and rely on when adjudicating for educational changes required by the 4th IR. Courts will thus not be willing or positioned to find violations of the right as per the new de facto standards of the 4th IR. Consequences of this are: In the intermediate, the courts are unlikely or, on the jurisprudential approach, even unable, to find violations of the right to education where the Department of Education fails to take the necessary steps to give effect to the right; and that, given this judicial reticence and fettering, the jurisprudential position may continue to lag behind the dynamic lead of (global?) educational development in the wake of the 4th IR, meaning that the Department will likely not be compelled to catch-up to 4th IR progress if or when it, too, lags. And, assuming that landmark cases shift the jurisprudence on the right to education so as to catch-up to the 4th IR, outpacing a Department of Education which has been compliant with then previous jurisprudential standards, given the current and intermediate judicial reticence and fettering, the courts could plausibly then be left in a position of potentially ordering the executive to do the impossible and make-up the difference between a lagging education system and the 4th IR revolutionary requirements.
CARBON TAX: PROGRESS OR PLATITUDE FOR SOUTH AFRICA?
Authors: Dempster Michele N
Published: July 2021

In light of the 2009 United Nations Copenhagen climate change conference, South Africa announced that in order to combat climate change it would commit to reducing domestic greenhouse gas (GHG) emissions by 34 per cent by 2020 and 42 per cent by 2025. Due to this commitment, a carbon tax will be implemented as from 1 January 2015. This market-based instrument has received broad attention sparking debate as industries most affected, namely Eskom and the petroleum sector, have rallied together in complaint. The main debate being that despite the politically ambitious commitment to reduce GHG emissions, little scientific, economic or comparative evidence has been given to show that an influence will actually be had on the amount of GHG emitted. The purpose of this article is not to provide a detailed analysis of the entire scope of the South African climate change policy. It focuses on the more limited issue of carbon taxation. This does not however mean that the numerous other competing policy options, which still beg for attention, are not viable or will not be implemented in the future.
REGULATION 28 OF THE PENSION FUNDS ACT: REGULATING PRUDENTIAL INVESTMENT
Authors: Seloane Tshepo
Published: July 2021

On 23 February 2011, the Minister of Finance, Pravin Gordhan, announced that there would be changes made to Regulation 28 of the Pension Funds Act (the 1998 regulation). In terms of this amendment, the objectives of the new regulation would be to ensure that contributions made by South Africans towards their retirement savings would be invested in a prudent manner that would not only protect the investor but would also be geared towards economic growth and development. The idea of protecting retirement savings was first introduced into South African law in 1962 through the promulgation of Regulation 28 (the 1962 regulation). Due to vast changes in the market structure at the time, the 1962 regulation had to be revised. The beginning of 1998 saw the updated version of Regulation 28 come into force in terms of Section 36(1)(bB) of the Pension Funds Act. It had therefore undergone a major revision to bring it more in line with other regulations and with the ever-changing investment environment; but this would not be the only change Regulation 28 would undergo.
A NEW ‘RAY OF LIGHT’ IN SOCIO-ECONOMIC RIGHTS JURISPRUDENCE? A NOTE ON COUGHLAN NO V ROAD ACCIDENT FUND (CENTRE FOR CHILD LAW AMICUS CURIAE) (CCT160/14) [2015] ZACC 9
Authors: Templeton Romy-Anne
Published: July 2021

The justiciability of socio-economic rights in the South African courts has been the subject of much academic debate. This issue of justiciability spans back to the drafting of the final Constitution — the question at the time concerned whether or not these rights should be included in Chapter II of the Constitution. The fact that the justiciability of socio-economic rights has been an on-going concern for the last two decades illuminates the difficulties faced by the courts in giving substantive content to these rights. The courts often respond to these situations by way of deference.1 Brand defines deference as ‘a strategy of the courts, when faced with difficult, technical or contested social questions…to leave the decision of those issues in different ways and to varying degrees, to the other branches of government.’2 The judgment of Coughlan NO v Road Accident Fund (Centre for Child Law Amicus Curiae) (CCT160/14) [2015] ZACC 9 is arguably described as a ray of light amongst the dark clouds that normally shroud socio-economic rights jurisprudence.
THE ‘IRRATIONAL’ FEMALE WAS INVENTED BY THE PATRIARCHAL SOCIETY
Authors: Hartman Sara
Published: July 2021

The main research problem that will be addressed is the reasons why a patriarchal system of law developed. This will be addressed by looking at the shifts in natural law, the rise of positivism and modernity and thus a restricted jurisprudence all of which contributed to a male dominated system to the exclusion of females.
INTRODUCING DECONSTRUCTIVE INTERSECTIONALITY: THE GENERAL JURISPRUDENTIAL RAGE AGAINST RAINBOW THEORY
Authors: Gorman Tamryn
Published: July 2021

Despite South Africa’s post-modern constitutional dispensation which, at first glance, seems to celebrate and entrench substantive equality — various judgements have been passed by the Constitutional Court where the Constitution was interpreted through a formal equalitarian lens. On the one hand, substantive equality recognises and celebrates our diversity and differences whereas formal equality, on the other hand, obsesses with the idea of sameness. This constant tension between substantive and formal equality is aptly portrayed by the term ‘rainbow jurisprudence’. This term was coined by Alfred Cockrell to explain a quasi-theory depicted by the newly born South African constitutional adjudication which was lacking in substantive reasoning (which I equate to substantive equality) and the absence of a rigorous jurisprudence. He goes so far as to assimilate the finding of genuine substantive reasoning within these judgements to the possibility of touching a rainbow — a mythical task which, although alluring, seems impossible. Thus, I have identified the problem that South Africa is still submerged in rainbow jurisprudence. This can be seen through various court cases that will be discussed below, ranging from cases that were clearly decided from a formal equalitarian perspective to those which depict a wolf in sheep’s clothing seemingly substantive judgements disguising the formal equality lurking beneath.
Time modifier billing code - an interrupted time series analysis
Authors: McDonald Terrence , Lethebe Brendan , McGuire Alistair , Green Lee
Published: July 2021

Time modifier billing code: Interrupted time series analysis.
Terrence McDonald, Brendan Cord Lethebe, Alistair McGuire, Lee Green
Background: Alberta has the highest percentage of fee-for-service Family Physicians in Canada at over 80%. In 2019 as part of a cost containment strategy, the Alberta government proposed a policy change to eliminate the most used fee code that compensates family physicians for extended visit times (16-25 minutes). Optimal length for patient visit times varies throughout the world and countries with health systems that place emphasis on relational continuity demonstrate a trend towards longer appointment times. In Canada, the relationship between visit length and outcomes is not known.
Implementation: What would be the likely consequences of eliminating the extended visit code? We examined this question using two different observational methods, to improve confidence in our findings: a retrospective longitudinal cohort (time series) around the time the code was introduced in 2009, and a cross-sectional cohort at current time. We explored the usage patterns of that fee code, its association with the outcomes of emergency department visits and hospitalizations, along with physician billings.
Results: We found rates of emergency department visits decreased after the time-modifier code was implemented starting in 2010. This effect was maintained in the years that followed. A similar but less pronounced effect was observed in the hospitalization rates. The cross-sectional analysis had to include an interaction term because family physicians selectively extend visits for patients at risk, but when that is accounted for, the same effect is observed as in longitudinal results. The code was not used ubiquitously among primary care providers, especially in rural areas. Female physicians used it more often. Users use it for an average of 40% of 03.03A office visits. Non-users of the code earned more income than their user-colleagues.
Conclusion: We believe our findings will fill an important gap in informing the importance of an extended time service billing code in a fee-for-service system in reducing ED visits and hospitalizations.
Advice and Lessons Learned:
The fee-for-service time-modifier code, introduced in 2009, resulted in reduced ED visits and hospitalizations. It is likely that discontinuing the code would result in increased ED and hospital utilization, costing much more than removing the code would save. Usage of the time-modifier code was not uniform among primary care. Users of the code had different practice patterns and provider demographics. Our next step is to model the uptake of the code by primary care providers and explore the health system utilization and down-stream costs between users and non-users of the code.
Expansão, interiorização e acesso ao ensino superior no Estado da Bahia
Authors: Santana Luciana Alaide , Meireles Everson , Nacif Paulo Gabriel Soledade
Published: July 2021

Este artigo tem a finalidade de apresentar a evolução do acesso ao ensino superior (ES) no estado da Bahia e em seus Territórios de Identidade (TI) e municípios, bem como relacionar este processo com o perfil da rede de instituições de ensino superior (IES) no estado. Utilizou-se de dados secundários do Censo Demográfico dos anos 2000 e 2010 e projeção para 2020. Foram utilizados, também, dados públicos disponíveis no Cadastro Nacional de Cursos e Instituições de Educação Superior (Cadastro e-MEC) e consulta aos sítios de IES, para caracterizar as instituições com sede na Bahia. No período estudado, o acesso ao ES cresceu no estado, este foi maior nos TI mais desenvolvidos. Registrou-se o crescimento da presença de pessoas autodeclaradas negras e de baixa renda no ES, mas esta ampliação não foi suficiente para atingir os níveis de representatividade destes grupos na sociedade baiana. As IES do estado caracterizam-se em maioria por faculdades com fins lucrativos e o acesso ao ES esteve diretamente ligado a maior disponibilidade de instituições no território. Considera-se importante a regulação do Estado no processo de implantação de novas IES, não só pensando na localização destas, mas também, nos cursos ofertados e sua relação com o contexto territorial, em políticas que promovam acesso dos grupos excluídos (regiões menos desenvolvidas, grupos étnico-raciais e população de baixa renda), nos currículos que considerem a sociedade multirracial, multiétnica e diversa em povos, comunidades e segmentos variados de classe.
Modelo 5E e aprendizagem por descoberta
Authors: Monteiro Fábio Ferreira , Ferreira Marcello , Silva Filho Olavo Leopoldino da , Cruzeiro Wendell da Silva
Published: July 2021

A abordagem didática sobre a luz, no Ensino Médio, é usualmente realizada de maneira fragmentada e descontínua. Ela aparece em momentos curriculares distintos, como no estudo da óptica, da ondulatória, do eletromagnetismo, e, geralmente, não é reconhecida como fenômeno físico contemporâneo. Nesse sentido, com base em uma articulação entre a teoria psicológica de aprendizagem por descoberta, de Jerome Bruner, e a metodologia de ensino de ciências baseada na investigação na perspectiva 5E (Engage, Explore, Explain, Elaborate, Evaluate), este artigo discute a possiblidade de uma intervenção didática de quatro aulas, na qual o estudo da luz é usado como tema transversal, de modo que a óptica, a ondulatória, o eletromagnetismo, e algumas tecnologias modernas são apresentadas como temas-satélites em uma abordagem de ensino por descoberta.
The international scientific and training online conference "The modern textbook on the Russian language for secondary schools: theory and practice"
Authors: Yanchenko V. D. , Frolkova S. S.
Published: July 2021

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