bluuebunny/crossref_metadata_2025 huggingface dataset:
A General Synthesis of Cyclic Bottlebrush Polymers Facilitated by Graft-Through Ring Expansion Metathesis Polymerization
Authors: Elardo Matthew , Levenson Adelaide , Pomfret Meredith , Golder Matthew
Published: April 2024

Bottlebrush polymers represent an important class of macromolecular architectures, with applications ranging from drug delivery to organic electronics. While there is an abundance of literature describing the synthesis, structure, and applications of linear bottlebrush polymers using ring-opening metathesis polymerization (ROMP), there are comparatively less reports on their cyclic counterparts. This lack of research is primarily due to the difficulty in synthesizing cyclic bottlebrush polymers, as extensions of typical routes towards linear bottlebrush polymers (i.e., “grafting-through” polymerizations of macromonomers with ROMP) produce only ultrahigh molar mass cyclic bottlebrush polymers with poor molar mass control. Herein, we report a ring-expansion metathesis polymerization (REMP) approach to cyclic bottlebrush polymers via a “grafting-through” approach utilizing the active pyr-CB6 initiator developed in our lab. The resulting polymers, characterized via GPC-MALS-IV, are shown to have superior molar mass control across a range of target backbone lengths.
Modifying multi-criteria decision analysis for assessments of chemical alternatives
Authors: London Rachel L. , Glüge Juliane , Scheringer Martin
Published: April 2024

Effectual assessment of chemical alternatives is necessary to avoid “regrettable” substitution. In a preceding study, an analysis of seven assessment-of-alternatives (AoA) methods found that none of them is fully aligned with Article 57 of the European REACH regulation, indicating a need for a method better reflecting European regulations. This paper presents a modified multi-criteria decision analysis (MCDA) method for the assessment of chemical alternatives (MCDA-ACA). We investigate and recommend MCDA method parameters for the assessment of chemical alternatives, specifically scope of objectives considered, aggregation of objectives, curvature of the value functions, weights, and the introduction of a classification threshold. The MCDAACA method allows for the aggregation of hazards in such a way that poor performance in one hazard cannot be compensated for by good performance in another hazard. The MCDA-ACA method parameters were developed and tested using two datasets with the aim to classify chemical alternatives into acceptable (non-regrettable) and unacceptable (regrettable) alternatives according to the regulations set in Europe. The flexibility of the general method was explored by adapting the method to align with two hazard assessment frameworks, GreenScreen® and Article 57 of REACH alone. The results show that MCDA-ACA can easily be adapted to other jurisdictions as required.
Phase-separated droplets can direct the kinetics of chemical reactions including polymerization, self-replication and oscillating networks
Authors: Smokers Iris , Visser Brent , Lipiński Wojciech , Nakashima Karina , Spruijt Evan
Published: April 2024

Phase-separated compartments can localize (bio)chemical reactions and influence their kinetics. They are believed to play an important role both in extant life in the form of biomolecular condensates and at the origins of life as coacervate protocells. However, experimentally testing the influence of coacervates on different reactions is practically impossible. We therefore use a numerical model to explore the effect of phase-separated droplets on the kinetics and outcome of different chemical reaction systems, where we vary the coacervate volume and partitioning of reactants. We find that the rate of bimolecular reactions has an optimal dilute/coacervate phase volume ratio for a given reactant partitioning. Furthermore, coacervates can accelerate polymerization and self-replication reactions and lead to formation of longer polymers. Lastly, we find that coacervates can ‘rescue’ oscillating reaction networks in concentration regimes where sustained oscillations do not occur in a single-phase system. Our results indicate that coacervates can direct the outcome of a wide range of reactions and impact fundamental aspects such as yield, reaction pathway selection, product length and emergent functions. This may have far-reaching implications for origins of life, synthetic cells and the fate and function of biological condensates.
ENHANCING ORGANIZATIONAL EFFECTIVENESS THROUGH PERFORMANCE EVALUATION: A CASE STUDY OF COOPERATIVE ORGANIZATIONS IN SURKHET VALLEY
Authors: Shahi Kalpana , Thapa Anusha , Thapa Dhirendra Man
Published: April 2024

This study explores the significance of performance evaluation systems in enhancing employee performance and organizational effectiveness within cooperative organizations in Surkhet Valley, Nepal. Using a quantitative and descriptive research design, data was collected from 120 managers and chairpersons. The research aims to understand prevalent performance evaluation practices, assess employee performance levels, identify factors influencing performance, and evaluate the existing evaluation system’s effectiveness. Findings highlight the critical role of adaptability, effective communication, creativity, problem-solving, and cooperative behavior in driving employee performance. Customized performance evaluation systems that foster a cooperative work environment and acknowledge employee dedication are emphasized to promote organizational success and contribute to economic and social development in the region. The study advocates for adopting effective performance evaluation practices that align individual efforts with organizational goals, foster a positive work environment, and empower employees. Overall, this research contributes valuable insights to cooperative organizations, supporting their growth and success in Surkhet Valley and advancing the region’s economic and social development.
TO DETERMINE THE IMPACT OF SOCIAL MEDIA FACTORS ON CONSUMER BUYING BEHAVIOUR: A STUDY ON DHAKA CITY
Authors: karmakar Anup , Hasan Emon Md Mehedi , Akhter Tanha
Published: April 2024

The research aims at how social media factors influences consumer buying behavior. The introduction of electronic media has created an extremely competitive economic environment that is difficult to maintain. Customers have more regional alternatives from which to choose, giving firms the ability to contact more consumers in less time, and customers more freedom in their purchasing decisions. Customers now consider a company’s online performance, particularly its digital marketing strategy, when deciding whether or not to make a repeat purchase. The investigation considers how the integrated digital platform may be put to use for complex business operations, such analyzing customers’ online purchasing patterns that work well with a digital value offer. The project also intends to investigate how the use of social media might increase customer interest, leading to a thriving online retail sector. The study’s findings bolster the value of social media for online retailers. Yet, businesses in Bangladesh are failing to fully grasp the potential of social media for the growth of branded e-commerce.
STATUS AND TREND OF BALANCE OF TRADE IN NEPAL: IMPACT AND POSSIBLE POLICY GUIDELINES
Authors: Shrestha Sushil , Dhakal Shiva Chandra
Published: April 2024

This paper explains the current state, historical pattern, potential root causes, and suggested solutions to Nepal’s trade deficit. As a result of globalization, Nepal’s foreign trade has been expanding quickly, but a fundamental issue with the country’s foreign trade balance is that import growth has been outpacing export growth. It results from Nepal’s trade sector’s incapacity to diversify its commerce in terms of nations and goods. A straightforward statistical method and exploratory data analysis using secondary sources of data served as the foundation for the investigation. The figures amply demonstrate a significant trade deficit, indicating that the international trade strategy requires rapid evaluation and improvement. Export, import, and trade balance yearly percentage changes for 2020–21 were found to be 44.43%, 28.66%, and 27.26%, respectively. The trade deficit expanded from FY 2020/21 to FY 2021/22 by NRs. 380 billion. The trade imbalance is having a detrimental effect on the nation’s GDP and economic expansion. The study also discovered that during FY 2021/22, the import-to-export ratio was 9.60. The trade imbalance in Nepal may be caused by factors like geography, political unpredictability, high production costs, lack of laboratories for quality assurance, lack of resources, etc. The main factors contributing to Nepal’s trade deficit can be addressed through competitive and improved human capital, commodity and market diversity, the creation of a solid legal framework and trustworthy trade act and policy, the offer of incentives for the promotion of export, etc. It is recommended that export-oriented industries have an adequate and appropriate investment program for import substitution and export promotion.
Variability of Morphological and Genetic Characteristics of Macrohectopus branickii (Dyb., 1874) (Amphipoda, Macrohectopidae)
Authors:   Limnological Institute SB RAS, Petunina J. V. , Vavrischuk N. V. ,   Irkutsk State University, Bukin Yu. S. ,   Limnological Institute SB RAS,   Irkutsk State University, Romanova E. V. ,   Limnological Institute SB RAS
Published: April 2024

Macrohectopus branickii is the only pelagic amphipod from Lake Baikal. Until now, despite the uniqueness of M. branickii, its genetic diversity at the intraspecific level, as well as its intraspecific morphological diversity, have not been studied. In this work, we present the result of a morphological analysis of intrapopulation variability of the species M. branickii from the northern basin of Lake Baikal, as well as the result of a molecular analysis based on the sequence of a fragment of the mitochondrial Nad5 gene of several individuals of this species from three basins of the lake. The material for the study was collected using a plankton net and trawl from all basins and shores of Lake Baikal at depths of 100-300 m. We measured 21 morphological characters according to the scheme previously proposed in Tikhonova’s work for sexually mature females of M. branickii living on different shores of the northern basin of Lake Baikal. The coefficient of variation of the values of all characteristics was determined. Morphological analysis revealed different degrees of variability in the studied characters for M. branickii. The most variable characters are: the length of 1 segment of the peduncle of the upper antennae; length of 4 and 5 segments of the stalk of the lower antennae; length of gnathopod propodites 2 pairs; width and length of basipodites of the third pair of pereiopods; length of the stalk, external and internal branches of the uropods of the third pair; telson width and length. Analysis of the nucleotide sequences of the Nad5 gene fragment showed their low variability. The haplotype network was reconstructed using the pegas package for the R programming language. M. branickii forms a single panmictic population, consistent with the absence of geographic and environmental barriers in the pelagic zone of the lake.
Examining teachers' views on the use of Artificial Intelligence (AI) in education
Authors: Mustafa Şenel
Published: April 2024

This study is designed with the aim of evaluating Artificial Intelligence (AI) applications in the education sector and conducting an in-depth examination of teachers' perspectives on this matter. It particularly focuses on understanding the role of AI in education and emphasizing its potential contributions. To achieve this goal, it is essential to unveil teachers' perceptions of AI and systematically assess their views regarding the advantages, disadvantages, opportunities, and risks of this technology in education. The research employs a qualitative method utilizing a phenomenological design. Semi-structured interview forms were used for data collection, with Maxqda being the primary tool for data analysis. The study's sample consists of sixty teachers from a private school in Gaziantep, Turkey. Thirty-seven of these teachers volunteered to participate, while the remaining twenty-three cited their lack of knowledge in AI as a reason for not taking part. The findings suggest that, overall, teachers possess a positive outlook on the use of AI in education, although some negative perspectives also emerged. This research serves as a valuable resource for gaining a better understanding of AI's potential in education and providing a more detailed evaluation of teachers' perspectives on this technology.
Children’s interests and early childhood curriculum: A critical analysis of the relationship between research, policy, and practice
Authors: Chesworth Liz , Hedges Helen
Published: April 2024

Policy makers have a powerful influence on educational practice. When such bodies are vague about the evidence-base for their policies they may uncritically rely on outdated theories, beliefs, and selective research evidence. A tension may then exist where practitioners become undermined as agents in curricular decision-making. Practitioners may aim to provide curriculum and pedagogy aligned with contemporary knowledge, but are also bound to the policy bodies who hold persuasive power. In England and Aotearoa New Zealand, two particular organisations in each country have most influence on early childhood education. Focused on the notion of children’s interests, this article questions the basis for the key curricular policy, accompanying advice and guidance, and evaluation standards of these organisations. We do so having discussed children’s interests from historical and contemporary research perspectives. We then trace and critique ways children’s interests present in significant policy documents. We suggest that both policy and practice adopt contemporary perspectives of children’s interests and move towards a middle space between curriculum-as-plan and curriculum-as-lived (Aoki, 2005). Such a space provides a way forward for ongoing curriculum conversations about children’s interests.
Regenerasi Pengrajin Gerabah Perempuan di Pundong, Kasongan, dan Bayat dalam Mempertahankan NilaiNilai Kearifan Lokal Budaya Jawa
Authors: Suharson Arif
Published: April 2024

This research discusses women traditional pottery craftsmen in Pundong, Kasongan, and Bayat who are guardians of local cultural traditions in the midst of a global cultural ecosystem that is changing rapidly. This study aims to analyze the role of women in maintaining the values of local wisdom and how they deal with the influence of globalization on their traditional pottery crafts in relation to regeneration. The method used is a qualitative method with an ethnographic approach model. Data collected included observations, interviews, and documentation in traditional pottery-making communities. Pottery craftsmen in Pundong, Kasongan, and Bayat play an important role as custodians of cultural knowledge, transmission of traditions, and innovation in pottery crafts. The expertise of traditional techniques, artistic expression, and cultural symbols is a testament to women's dedication in maintaining the values of local wisdom amid the pressures of the global cultural ecosystem. The results of this study contribute to a broader understanding of the importance of cultural preservation and regeneration efforts involving gender roles in learning the nation's character. Keywords: Women, Pottery Craftsman, Local Wisdom, Global
Artistic Affordance in Virtual Reality Painting
Authors: Sidik Muhamad Fauzan , Damayanti Nuning Yanti , Mutiaz Intan Rizky , Grahita Banung
Published: April 2024

Kemunculan Virtual Reality (VR) memungkinkan kegiatan melukis dilakukan di dunia maya,
menawarkan media seni yang unik dengan sifat yang sangat berbeda dengan media seni
konvensional. Perbedaan materialitas ini berpotensi menghasilkan alternatif media baru, sebuah
teori yang dikemukakan oleh Gibson tentang bagaimana suatu lingkungan/sistem menawarkan
alternatif berkreasi yang baru. Pada penelitian ini dilakukan eksperimen untuk mengeksplorasi
pengalaman pembuatan karya seni dalam ranah virtual menggunakan software VR-Pain. Kami
menggunakan pendekatan kualitatif heuristik yang terdiri atas keterlibatan awal, pencelupan,
inkubasi, iluminasi, penjelasan, dan sintesis kreatif. Pada proses penelitian, ditemukan bahwa
kemungkinan berkreasi dengan VR-Pain dihasilkan dari kuas virtual. Simulasi lukisan dalam
VR juga melahirkan sense of agency, yaitu rasa kontrol seniman saat menciptakan karya seni
pada lingkup virtual. Studi ini mengusulkan konsep baru keterjangkauan artistik dalam VR,
yang mengacu pada segala sesuatu di lingkungan virtual yang memengaruhi proses kreatif
dan ekspresi artistik selama pembuatan seni VR. Pemahaman terhadap kemampuan artistik
membantu mengomunikasikan fungsionalitas dan kegunaan VR ke sarana kreatif dan artistik
serta dapat meningkatkan kepuasan dan keterlibatan pengguna dalam praktik pembuatan seni.
Studi ini menunjukkan bahwa diperlukan kolaborasi antara umpan balik diperlukan pengembang,
peneliti, dan seniman untuk merancang antarmuka pengguna atau pilihan tools dalam sistem
VR yang lebih kaya sehingga akan menjadikan VR sebagai media artistik yang lebih baik.

Kata Kunci: alternatif-media-baru, lukis, rasa-kontrol, seni, virtual-reality
Psychological Capital and Work Stress Mediated by Authentic Leadership and Moderated by Gender
Authors: Bazán Tejada Carlos Armando , Rivera Camino Jaime
Published: April 2024

The purpose of this study was to validate a model that examines the effect of psychological capital on work stress, the mediation of authentic leadership, and the moderating effect of gender on this relationship. The study used a structural equation analysis to validate the research hypotheses in a sample of firms from different industries. The results confirm that psychological capital has a negative impact on work stress, as well as a positive relationship with authentic leadership, and the latter has a negative impact on work stress. The mediating effect of authentic leadership on the relationship between psychological capital and work stress was also confirmed. In addition, gender moderation shows that the impact of psychological capital on reducing work stress is stronger for women than for men. The findings provide conceptual information for improving employee performance by empirically validating the relationship between three constructs that have not previously been studied in an integrated manner. It also takes into account the differences between men and women in coping with work stress, which is very important for organizations. The surveys of the constructs studied are a potential source of information for managers because they help identify factors that contribute to improved employee performance. As with all research that examines psychological constructs, the present study has limitations related to the operationalization of these constructs. Future studies could replicate and extend the research in other economic sectors and with other demographic and cultural variables. The influence of other contexts on the relationships studied could be identified.
Predicción del ángulo de giro para un auto: Implementación de dos áreas de interés
Authors: Martínez-Hernández Filiberto Eduardo , Arias-Aguilar Jose Anibal , Macías-García Edgar , Ramírez-Cárdenas Oscar David
Published: April 2024

La predicción del ángulo de dirección en vehículos inteligentes es un tema ampliamente estudiado en la literatura. Sin embargo, se requiere la intervención de un usuario para operar al vehículo, limitando el grado de autonomía. Este trabajo propone algoritmos basados en redes neuronales artificiales para determinar el ángulo de giro de un vehículo en movimiento, con aplicaciones en tiempo real para vehículos a escala en una pista de dos carriles. Utilizando una cámara frontal centrada en el vehículo se determinan dos áreas de interés: la imagen original y una versión rectificada mediante un cambio de perspectiva. Posteriormente, se emplea la tupla de imágenes para construir dos bases de datos etiquetadas con el ángulo deseado de giro, las cuales, son empleadas para entrenar dos redes neuronales convolucionales. Una vez entrenadas, ambos modelos son implementados en tiempo real para guiar un vehículo a escala en una pista libre de obstáculos, permitiendo su navegación autónoma dentro del carril designado y observando el comportamiento en cada caso.
OCCURRENCE OF GLAUCOMA INCIDENCE AND DIABETES MELLITUS AT KMU MADURA EYE CLINIC
Authors: Solihah Riyadatus Solihah , Haris M. Shofwan , Umar Rizal
Published: April 2024

Glaucoma is a disease of the eye characterized by increased intraocular pressure, atrophy of the optic nerve papillae, and reduced vision. Glaucoma can be caused by systemic disease or local disease of the eye. One of the systemic disorders that can trigger glaucoma is diabetes mellitus (DM). The purpose of this study was to determine the relationship between the incidence of glaucoma and a history of diabetes mellitus at the KMU Madura eye clinic. This research was conducted using analytic observational method with a case-control design using a retrospective approach. The sample in this study was obtained by quota sampling technique with a total of 557 patients. Patient data was taken within a period of 12 months from January 2022 – December 2022. Based on the results of observational analysis, it was found that 203 patients (36.44%) had glaucoma with a history of diabetes mellitus, while 354 patients (63.56%) had glaucoma without a history of diabetes mellitus. The results of the Chi-Square test between the prevalence of Glaucoma and a history of Diabetes Mellitus showed a p value = 0.000 (p≤0.05) and the results of the Fisher test between each type of Glaucoma and a history of Diabetes Mellitus only Primary Open Angle Glaucoma only showed there was relationship with the value of p value = 0.004 (p <0.05). The results of this study can be concluded that there is a significant relationship between the prevalence of glaucoma and a history of diabetes mellitus.
THE RELATIONSHIP OF FAMILY SUPPORT AND KNOWLEDGE WITH MENARCHE READINESS
Authors: Budiarti Astrida , Clarrita Mellienia Bunga , Chabibah Nur , Ernawati Dwi
Published: April 2024

Menarche is the first menstruation which can make some young women feel afraid and anxious. There are still teenagers who think menstrual bleeding is scary and painful. Family support in preparing teenagers for menarche is also still lacking. The aim of this research is to analyze the relationship between knowledge and family support and readiness to menarche. This research design uses correlation analytics with a cross sectional approach. Population is female teenagers in grades V and VI at SD Al Kautsar Surabaya. The sampling technique used probability sampling with a simple random sampling, obtaining 86 respondents. The research instrument used a questionnaire on knowledge, family support, and readiness of young women to menarche. Data analysis using the Spearman rho test. The results showed that 53 respondents (61.6%) had moderate knowledge. Family support was in the high category for 69 respondents (80.2%). The readiness of young women in the medium category was 42 respondents (48.8%). There is a relationship between knowledge and readiness of young women (ρ value = 0.001; r = 0.340). There is a relationship between family support and the readiness of young women (ρ value = 0.014; r = 0.264). The implication of this research is that it is hoped that families will increase their support in preparing for menarche. Families and related parties such as schools are expected to provide more education regarding preparation for menarche.
LIFE SKILL EDUCATIONAL MANAGEMENT MODEL FOR THE SOCIAL SKILLS OF CHILDREN WITH SPECIAL NEEDS
Authors: Ningsih Tri Ratna , Asnar Firoj Mu’thasim Asnar , Meri Pramaisila Trisilo Meri , Agnes Ovitarika Dice
Published: April 2024

Teaching life skills to children with special needs is not as easy as normal children. This research aims to determine the influence of the life skills model on the social closeness of children with special needs. The population was 37 students with a sample of 20 treatment groups and 17 control groups. This research used female respondents as SLBS PGRI Dlanggu Mojokerto students. This research is a type of quantitative research with a research design using a quasi-experiment with a pre-test and post-test control group approach. using the Wilcoxon range test statistical test. The research result is ρ 0.000, meaning it is smaller than α 0.05, H0 is rejected, meaning there is a difference between the treatment group and the control group. The life skills model has a big influence on the socialization of children with special needs. The Life Skills model with intense assistance from teachers will influence good habits in students and influence socialization with school friends and the environment.
PENINGKATAN PENGETAHUAN IBU NIFAS DENGAN PENDEKATAN PROMOSI KESEHATAN TENTANG POST PARTUM
Authors: Purwati Heni , Khusniyati Etik
Published: April 2024

Post Partum Blues is a form of emotional disturbance due to adjustments to the birth of a baby that appears on the first day to the fourteenth day after delivery, with symptoms peaking on the fifth day. People are not aware of this disease so it is not diagnosed and not treated properly. Ultimately, this can cause quite difficult problems, which can develop into a more serious condition, namely post-partum depression. The aim of this service is to increase the knowledge of postpartum mothers about post partum blues at TPMB Fifin NIS, Puri District, Mojokerto Regency. The results of Community Service were an increase of 45.4%, score ?-value = 0.02 (?-value <0.05) after providing health education about post partum blues. Conclusion: The community service activities that have been carried out in the form of providing health promotion about Post Partum Blues can effectively increase the knowledge of postpartum mothers about Post Partum Blues. It is recommended that providing health promotion regarding Post Partum Blues can be applied in providing early midwifery care for postpartum mothers
STRENGTHENING SHARIA ELEMENTS; SYUF’AH OR LANGGEH RIGHTS IN LAND BUYING AND SELLING TRANSACTIONS IN ACEH
Authors: Herinawati Herinawati , Yulia Yulia , Aksa Fauzah Nur , Kalsum Ummi , Subaidi Joelman
Published: April 2024

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.
Dispute Resolution in the Energy Sector: Wither Thou Goest?
Authors: Robertson Ann Ryan , Whitsitt Elizabeth
Published: April 2024

This article examines developments in international commercial arbitration and investment treaty arbitration relevant to the energy sector in Canada and the United States and discusses their advantages and disadvantages. Jurisdictions in Canada and the US have taken a wide variety of approaches to legislative schemes and their interpretation. This has created uncertainty respecting the involvement of the courts in cross-border disputes where the parties have agreed to an arbitration clause. Further, the Canada-United States-Mexico Agreement has eliminated investment treaty arbitration between Canada and the US which existed in the North American Free Trade Agreement, limiting the options of investors to pursue investment treaty claims. These developments may clarify how energy sector participants should strategically manage their contractual arrangements and arbitration clauses and approach disputes.
The Standard of Review and The Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov?
Authors: Hamilton Robert , Kislowicz Howard
Published: April 2024

Following the Supreme Court of Canada’s landmark decision in Vavilov, an especially relevant issue in Canadian jurisprudence is how courts have applied Vavilov’s new standard of review framework. This article seeks to answer how the Vavilov framework affects decision-making regarding the duty to consult and accommodate. While Vavilov establishes a general presumption of reasonableness review for administrative decisions, it also carves out several exceptions to that presumption where the standard of correctness applies. The exception for section 35 Aboriginal and treaty rights under the Constitution Act, 1982 is relevant to the discussion in this paper, including what that exception means for cases involving the duty to consult and accommodate. Most cases involving duty to consult and accommodate questions regarding “trigger’ and “scope” have been reviewed on a correctness standard, while all other issues have been reviewed on a reasonableness standard. The authors argue that the logic in Vavilov suggests that a broader range of issues should be subject to the correctness standard than is currently the practice.
Canadian Hack-Back?: A Consideration of the Canadian Legal Framework for Private-Sector Active Cyber Defence
Authors: Gerke Kristina
Published: April 2024

In recent years, a debate has emerged over the extent to which victims of cyber security intrusions should be permitted to conduct activities in response — in particular, activities with effects in networks outside the victim’s own. Such controversial efforts are often referred to as active cyber defence (ACD) or, more colloquially, as “hack-back.” While multiple researchers have written about how private-actor ACD fits within the United States legal framework, this topic remains understudied from a Canadian perspective, raising the question of how Canadian legislation may address ACD. Currently, Canadian legislation implicitly prohibits most, if not all, ACD efforts, but international law likely leaves room for countries to legalize certain forms of ACD. Going forward, there may be a significant benefit to Canadian legalization of ACD if these efforts are limited to “intelligence gathering” and constrained by strict government oversight.
Prompt Payment Movement Sweeps Across Canada: Is the Energy Industry Ready to Comply?
Authors: Olexiuk Paula , Gaston Melanie , Singh Jagriti , Lee Lesley
Published: April 2024

Jurisdictions throughout Canada are debating, drafting, and enacting legislation for prompt payment and mandatory adjudication in the construction industry. The purpose of such legislation is to avoid the pitfalls of delayed payments and improve the dispute settlement system. Although this legislative push is inspired by reforms undertaken in the UK decades ago, Canadian jurisdictions are now following Ontario’s lead in legislating swift payment deadlines and adjudication requirements. This article surveys these legislative changes as they first occurred in the UK context and as they are now occurring throughout Canada. Special attention is given to implications for the Canadian energy sector. The article concludes by offering some risk allocation strategies for drafting contracts under the new statutory requirements.
Indigenous Ownership of Natural Resource Projects: A Framework for Partnership and Economic Development
Authors: Warrier Vivek , Morrison Luke , White Ashley , Buffalo Stephen
Published: April 2024

Common ownership with Indigenous communities provides a way for energy industry project proponents to align their interests with those of Indigenous communities, allowing both to benefit in a meaningful way from such projects. Equity participation of Indigenous communities in such projects is becoming a more common strategy and involves unique challenges and considerations that other co-ownership situations do not. While Indigenous communities are diverse and their views cannot be condensed to a homogenous set of bullet points, this article discusses common priorities that such projects typically must consider, particularly relating to economic, environmental, and cultural interests of Indigenous communities. Similarly, unique challenges relating to financing, transactional issues, and the general structure of co-ownership agreements are explored.
Recent Legislative and Regulatory Developments of Interest to Energy Lawyers
Authors: Twyman Rosa , Berg Laura-Marie , Riley Marle
Published: April 2024

This article provides a high-level overview of regulatory and legislative developments in Canada from mid-April 2020 to the end of March 2021. We reviewed statutes, regulations, case law, regulatory decisions, and industry practices from provincial, territorial, and federal authorities. The topics of note include the challenges related to climate change and decarbonization, the opportunities that decarbonization provides for evolving technology and mechanisms for low carbon energy through the use of hydrogen and small scale nuclear, and the regulatory gaps related thereto. We address developments in regulatory efficiency, set out how the Vavilov decision has been applied to energy regulatory decisions, discuss energy regulators’ obligations to consider the honour of the Crown outside of the “duty to consult,” and lastly, discuss the potential effects on project approvals and achieving reconciliation with Indigenous peoples.
Energy Storage: The Regulatory Landscape in Alberta
Authors: Eeles David , Keen Matthew , Baer Alexander , Taylor Ryan
Published: April 2024

Energy storage technologies are increasingly being deployed in Alberta. In the recent past, costs were the largest hurdle to widespread energy storage deployment. But this is changing given falling battery prices. Indeed, the Alberta Electric System Operator (AESO) and the Alberta Utilities Commission (AUC) processes are increasingly considering energy storage development and potential but within the scope of existing legislation and its policy framework. Alberta’s traditional model of electricity regulation is based on generators supplying electricity to load customers for consumption and does not directly contemplate the unique attributes of energy storage. These attributes include the flexibility of customers to switch between supply and load, such as where a customer discharges a battery into the grid during peak hours and charges the battery during off-peak hours.
Energy market participants and policy-makers need to consider the use of flexible resources in an evolving electricity industry where distributed and intermittent power sources are increasingly prominent. Energy storage is playing a key role in this ongoing evolution. To that end, this article seeks to provide practitioners and industry stakeholders guidance on the current state of the Alberta regulatory landscape applicable to energy storage and anticipated changes.
Specifically, this article sets out the regulatory framework applicable to, and policy issues raised by, energy storage, including tariffs and competitive market issues, the concept of “hybrid sites” and self-supply and export issues, and AUC decisions approving the deployment of energy storage. As to how the landscape may change, this article looks at recent policy statements by the AUC and the AESO describing potential changes on the horizon.
The Roles of Amicus Curiae (Friend of the Court) in Judicial Systems with Emphasis on Canada and Alberta
Authors: Mirsane Macy
Published: April 2024

In administrating their judicial functions, courts can resort to different devices. One of these devices is the appointment of an amicus curiae or a friend of the court. There have been many debates on the origins of this institution and even its definition due to its evolving nature. In this article, the author will consider what this nature is and whether judicial systems are prepared to appreciate this evolution or departure from the amici’s origins. The author is of the opinion that, at least in Canada, the judicial system is required to be careful in expanding the roles of amici and to appoint them in exceptional cases where their appointment is necessary for advancing the administration of judicial functions. In Alberta in particular, some cases are more prone to the amicus’ appointments but still the courts are cautious about determining their roles. The author concludes that in Canadian judicial systems, amici generally contribute to furthering the administration of justice in an orderly and fair manner.
Breaches, Bargains, and Exclusion of Evidence: Bringing The Administration of Justice Into Disrepute
Authors: Avey Jonathan , Moen Bryton M.P.
Published: April 2024

The test for both exclusion of evidence under section 24(2) of the Canadian Charter of Rights and Freedoms (Charter) and whether a sentencing judge may divert from a joint sentencing recommendation is ostensibly the same: whether the admission of evidence or imposing the proposed sentence “would bring the administration of justice into disrepute.” Despite this, jurisprudence illustrates a vast divergence in what constitutes disrepute: the onerous standard applied to divert from a joint sentencing submission is all but absent when exclusion of evidence is considered under the Charter.
 
This article addresses this disparate treatment in two parts. First, we argue that courts have consistently misapplied section 24(2) since the Supreme Court of Canada’s decision in R. v. Grant, as determinations of evidence’s admissibility under this section have focused almost exclusively on the factors articulated to guide the analysis, rather than the ultimate question to be determined. Moreover, courts have interpreted the phrase “bring the administration of justice into disrepute” differently depending on context — a trend that ought not to continue. We posit that the disrepute standard ought to be interpreted and applied consistently, with the recognition that “bringing the administration of justice into disrepute” is an exceptionally high bar.
 
Second, we hope to provoke a broader reliance on the generous remedial powers conferred in section 24(1) of the Charter. This shift — which the Supreme Court has hinted at in recent decisions — would significantly change the adjudication of constitutional issues in criminal proceedings. We hope that the framework we propose for interpreting section 24 will stimulate attention to the practical benefits of eschewing a one-size-fits-all approach to Charter remedies and instead adopting a principled method that responds to each case’s individual circumstances.
The Legal Framework for Carbon Dioxide Removal in Canada
Authors: Craik Neil , Hubert Anna-Maria , Daku Chelsea
Published: April 2024

Recent assessments of progress on greenhouse gas (GHG) emissions reductions suggest that efforts to reduce emissions are well below what is necessary to meet current global targets of 2 degrees Celsius, let alone 1.5 degrees Celsius above pre-industrial levels. Current Intergovernmental Panel on Climate Change models include significant amounts of carbon dioxide removal (CDR) from the atmosphere as necessary to meet the 2 degrees Celsius target. The models assume the availability of CDR technologies to contribute to climate goals, but significant uncertainties remain regarding the efficacy, costs, scalability, environmental impacts, and broader public acceptability of these technologies. In Canada, CDR technologies are a crucial element of Canada’s long-term climate strategy towards achieving net-zero emissions by 2050. Still, little to no national policy attention has been paid to researching, assessing, and implementing CDR measures, including the necessary legal framework in which these technologies would operate.
This article provides an overview of Canada’s existing legal framework that will apply to various CDR methods as they are developed. It examines the legal framework as it may apply to CDR measures collectively (particularly in consideration of how these technologies will be treated in Canada’s broader climate framework), and individually. It aims to take stock of existing federal and provincial rules and assess the potential gaps that will need to begin to be addressed as Canada develops CDR capacities.
The Doctrine of Contractual Absolution
Authors: Moore Marcus
Published: April 2024

The absence of a knowledge requirement is a novel and astonishing feature of unconscionability in Canada, and one that calls for scholarly reflection. In other jurisdictions and formerly in Canada, unconscionability required that the benefiting party knew or at least should have known that its counterpart was impaired in the making of the contract. Such knowledge established a minimum level of wrongdoing, so that even without more active exploitation, it was unconscionable as an “unconscientious abuse of power.” But following the Supreme Court decision in Uber Technologies Inc. v. Heller (2020), Canadian contract law rejects this conventional approach. It does not require exploitation to relieve improvidence by the vulnerable. It is argued here that this does not reflect the notion of unconscionability, and is better understood rather as a novel doctrine of contractual absolution. This article analyzes the important implications of this maverick doctrine for the law, the market, and fundamental assumptions about the nature of contractual obligation.
A "Century" Overdue: Revisiting the Doctrine of Spoliation in the Age of Electronic Documents
Authors: Christian Gideon
Published: April 2024

Spoliation in the context of civil litigation occurs when a party intentionally destroys, mutilates, alters, or conceals evidence, typically documents, that are relevant to litigation. Spoliation has become easier than ever with the advent and rise of electronically stored information. This article gives a brief overview of the history of spoliation and criteria required to trigger the need to preserve documents relevant to litigation. Following this overview, the article identifies the issues with the current remedies for spoliation in Canada and points to the advances the United States has made to address this pressing issue. The article concludes with recommendations for further research into spoliation in Canada.
Pentalogy: Recommendations for Reform of the “Seller In Possession” Statutory Regimes of Alberta, British Columbia, Northwest Territories, Nunavut, and Saskatchewan
Authors: Bangsund Clayton
Published: April 2024

This article concludes a five-part series of articles dedicated to the exposition of and improvement to “seller in possession” disputes in common law Canada. Alberta, British Columbia, Northwest Territories, Nunavut, and Saskatchewan most appropriately define the risk that a buyer is exposed to when they leave bought goods in the seller’s possession. These provinces and territories also offer the most suitable registration facilities for the protection of the buyer’s non-possessory interest in the goods.
Therefore, this article focuses on the scope of registration-based protection and the eligibility in these provinces and territories for registration-based protection with respect to buyers who leave bought goods in the seller’s possession. Legislators in these provinces and territories should not expand eligibility for registration-based protection to conditional buyers out of possession. Additionally, registration-based protection should only be extended to a conditional buyer out of possession if the Sale of Goods Act in these jurisdictions is modernized in a manner that places less emphasis on title and the nemo dat principle.
The Most-Cited Law Review Articles of All Time by the Supreme Court of Canada
Authors: Campagnolo Yan , Andrzejewski Camille
Published: April 2024

Scholars use citation counts to measure the impact of scholarly works in a wide range of disciplines, including law. The aims of this study are twofold: to present the methods most commonly used to measure the impact of scholarly works and to determine which law reviews and articles the Supreme Court of Canada has cited most since its creation. Part II of this study reveals that legal scholars typically use three methods to generate lists of important works: the periodical citation method; the judicial citation method; and the peer rating method. The choice of method depends on the research objective. Part III of this study adopts the judicial citation method to identify the law reviews and articles most cited by the Supreme Court and provides a qualitative analysis of the top three articles. It focuses solely on publications in generalist, peer-reviewed, and university-based law reviews that were created in or before 1982. This study finds that two law reviews — the McGill Law Journal and the University of Toronto Law Journal — and 39 articles have been particularly successful. These articles were predominantly written in English by male law professors holding degrees from elite law schools and concern pressing constitutional law issues. As society shifts to tackle biases in all professions, including academia and law, the attributes of the most-cited articles can be expected to evolve — and the gender gap to close — in the years to come.
Hydrogen Roadmap: Policy, Regulation, and Prospect for Future Developments in Alberta
Authors: Fitch Gavin , Barbero Michael , Wasylenchuk Kimberly
Published: April 2024

The world is decarbonizing and stakeholders are taking steps towards transitioning from fossil fuels to alternatives. Certain governments and industries — such as those in Alberta— have a keen desire to manage this transition in a manner that lessens or avoids significant declines in economies heavily reliant on traditional oil and gas development. Hydrogen is a unique clean energy alternative put forward as a path which can balance these tensions.
This article provides a high-level overview of hydrogen, including what makes it attractive as a “clean” fuel as well as its limitations, and examines domestic and international policies, regulations, and prospects for future hydrogen development. By bringing together the Alberta, federal, and international perspectives, this article aims to answer the question of whether regulatory and legislative reform is needed in Alberta to adapt to hydrogen and ultimately suggests that minor amendments to existing regimes are sufficient at this time.
The Dead Sleep Quiet: History of the Organized Pseudolegal Commercial Argument Phenomenon in Canada – Part II
Authors: Netolitzky Donald J.
Published: April 2024

A US-sourced set of false law concepts, “pseudolaw,” entered into Canada circa 2000. A localized version of pseudolaw was adopted by two ideologically distinct Canadian populations: (1) Detaxers, and (2) Freemen-on-the-Land.
 
This article investigates the fate of these “first-wave” pseudolaw phenomena, and their direct descendants. Each remain largely dead and inactive, despite near ideal conditions for a resurgence. This pattern is unexpected, since pseudolaw thrives and expands in stress situations.