bluuebunny/crossref_metadata_2025 huggingface dataset:
Composition and Crystal Structure of SmSb2O4Cl Revisited – and the Analogy of Sm1.5Sb1.5O4Br
Authors: Goerigk Felix C. , Schleid Thomas
Published: September 2019

The quaternary halide‐containing samarium(III) oxidoantimonates(III) Sm1.3Sb1.7O4Cl and Sm1.5Sb1.5O4Br were synthesized through solid‐state reactions from the binary components (Sm2O3, Sb2O3 and SmX3, X = Cl and Br) at 750 °C in evacuated fused silica ampoules. They crystallize tetragonally in the space group P4/mmm, like the basically isotypic bismuthate(III) compounds SmBi2O4Cl and SmBi2O4Br, but show larger molar volumes and therefore contradict an ideal composition of “SmSb2O4X” (X = Cl and Br). Both single‐crystal X‐ray diffraction and quantitative electron‐beam microprobe analysis revealed the actual compositions of the investigated antimony(III) compounds, which can be understood as heavily Sm3+‐doped derivatives of “SmSb2O4X” hosts at the Sb3+ site. (Sm1)3+ is coordinated eightfold by oxygen atoms in the shape of a cube. The mixed‐occupied (Sb/Sm2)3+ cation has four oxygen atoms and four halide anions as neighbors forming a square antiprism. The oxygen atoms and anions establish alternating layers parallel to the ab‐plane, which alternate when stacked along [001].
Higgs boson decay into four bottom quarks in the SM and beyond
Authors: Gao Jun
Published: September 2019

Abstract

We present predictions for the Higgs boson decay into four bottom quarks in the standard model and via light exotic scalars retaining full bottom-quark mass dependence. In the SM the decay can be induced either by the Yukawa couplings of bottom quarks and top quarks or the electroweak couplings. We calculate the partial decay width and various differential distributions up to next-to-leading order in QCD. We find large QCD corrections for decay via Yukawa couplings, as large as 90% for the partial decay width, and reduced scale variations. The results of this paper are therefore helpful for the measurement of this multi-jets final state at future Higgs factory of electron-positron colliders. We also propose several observables that can differentiate the SM decay channel and the exotic decay channel and compare their next-to-leading order predictions.
Underlying disease determines the risk of an open abdomen treatment, final closure, however, is determined by the surgical abdominal history
Authors: Karhof Steffi , Haverkort Mark , Simmermacher Rogier , Hietbrink Falco , Leenen Luke , van Wessem Karlijn
Published: September 2019

Introduction

Temporary abdominal closure is frequently used in several situations such as abbreviated surgery in damage control situations or when closing is impossible due to organ distention or increased abdominal pressure. The ultimate goal is to eventually close the fascia; however, little is known about factors predicting abdominal closure. The purpose of this study was to identify characteristics associated with the need for open abdomen as well as indicating the possibility of delayed fascial closure after a period of open abdominal treatment.

Methods

A retrospective review of all patients that underwent midline laparotomy between January 2008 and December 2012 was performed. Both factors predicting open abdominal treatment and possibility to close the fascia afterwards were identified and analyzed by univariate and multivariate analyses.

Results

775 laparotomies in 525 patients (60% male) were included. 109 patients (21%) had an open abdomen with a mortality rate of 27%. Male gender and acidosis were associated with open abdominal treatment. In 54%, the open abdomen could be closed by delayed fascial closure. The number of laparotomies both before and during temporary abdominal treatment was associated with failure of closure.

Conclusion

In this study, male sex and physiological derangement, reflected by acidosis, were independent predictors of open abdominal treatment. Furthermore, the success of delayed fascial closure depends on number of abdominal surgical procedures. Moreover, based on our experiences, we suggest to change modalities early on, to prevent multiple fruitless attempts to close the abdomen.
Association Between Antipsychotic Medication Use and Diabetes
Authors: Holt Richard I. G.
Published: September 2019

Purpose of Review

The prevalence of diabetes is 2–3-fold higher in people with severe mental illness than the general population. There are concerns that antipsychotics increase the risk of diabetes. This review will examine the latest epidemiological studies linking antipsychotics and diabetes, as well as the mechanisms underlying the association and the clinical implications to minimise the impact of antipsychotics on metabolic health.

Recent Findings

Although there is an increased risk of diabetes in people with first-episode psychosis, the prevalence increases rapidly after antipsychotics are started. Antipsychotics likely increase the risk of diabetes through weight gain and directly by adversely affecting insulin sensitivity and secretion.

It is important to implement measures to prevent diabetes, to screen for diabetes to ensure prompt diagnosis and to provide effective diabetes care. Further research is needed to understand how antipsychotics cause diabetes and to improve the clinical management of diabetes in people with severe mental illness.
Self-similar dynamics of two-phase flows injected into a confined porous layer
Authors: Zheng Zhong , Neufeld Jerome A.
Published: September 2019

We study the dynamics of two-phase flows injected into a confined porous layer. A model is derived to describe the evolution of the fluid–fluid interface, where the effective saturation of the injected fluid is zero. The flow is driven by pressure gradients due to injection, the buoyancy due to density contrasts and the interfacial tension between the injected and ambient fluids. The saturation field is then computed after the interface evolution is obtained. The results demonstrate that the flow behaviour evolves from early-time unconfined to late-time confined behaviours. In particular, at early times, the influence of capillary forces drives fluid flow and produces a new self-similar spreading behaviour in the unconfined limit that is distinct from the gravity current solution. At late times, we obtain two new similarity solutions, a modified shock solution and a compound wave solution, in addition to the rarefaction and shock solutions in the sharp-interface limit. A schematic regime diagram is also provided, which summarises all possible similarity solutions and the time transitions between them for the partially saturating flows resulting from fluid injection into a confined porous layer. Three dimensionless control parameters are identified and their influence on the fluid flow is also discussed, including the viscosity ratio, the pore-size distribution and the relative contributions of capillary and buoyancy forces. To underline the relevance of our results, we also briefly describe the implications of the two-phase flow model to the geological storage of $\text{CO}_{2}$, using representative geological parameters from the Sleipner and In Salah sites.
Cessation and reversals of large-scale structures in square Rayleigh–Bénard cells
Authors: Castillo-Castellanos Andrés , Sergent Anne , Podvin Bérengère , Rossi Maurice
Published: September 2019

We consider direct numerical simulations of turbulent Rayleigh–Bénard convection inside two-dimensional square cells. For Rayleigh numbers $Ra=10^{6}$ to $Ra=5\times 10^{8}$ and Prandtl numbers $Pr=3$ and $Pr=4.3$, two types of flow regimes are observed intermittently: consecutive flow reversals (CR), and extended cessations (EC). For each regime, we combine proper orthogonal decomposition (POD) and statistical tools on long-term data to characterise the dynamics of large-scale structures. For the CR regime, centrosymmetric modes are dominant and display a coherent dynamics, while non-centrosymmetric modes fluctuate randomly. For the EC regime, all POD modes follow Poissonian statistics and a non-centrosymmetric mode is dominant. To explore further the differences between the CR and EC regimes, an analysis based on a cluster partition of the POD phase space is proposed. This data-driven approach confirms the successive mechanisms of the generic reversal cycle in CR as proposed in Castillo-Castellanos et al. (J. Fluid Mech., vol. 808, 2016, pp. 614–640). However, these mechanisms may take one of multiple paths in the POD phase space. Inside the EC regime, this approach reveals the presence of two types of coherent time sequences (weak reversals and actual cessations) and more rarely intense plume crossings. Finally, we analyse within a range of Rayleigh numbers up to turbulent flow, the relation between dynamical regimes and the POD energetic contents as well as the residence time in each cluster.
Heat transfer and flow regimes in quasi-static magnetoconvection with a vertical magnetic field
Authors: Yan Ming , Calkins Michael A. , Maffei Stefano , Julien Keith , Tobias Steven M. , Marti Philippe
Published: September 2019

Numerical simulations of quasi-static magnetoconvection with a vertical magnetic field are carried out up to a Chandrasekhar number of $Q=10^{8}$ over a broad range of Rayleigh numbers $Ra$. Three magnetoconvection regimes are identified: two of the regimes are magnetically constrained in the sense that a leading-order balance exists between the Lorentz and buoyancy forces, whereas the third regime is characterized by unbalanced dynamics that is similar to non-magnetic convection. Each regime is distinguished by flow morphology, momentum and heat equation balances, and heat transport behaviour. One of the magnetically constrained regimes appears to represent an ‘ultimate’ magnetoconvection regime in the dual limit of asymptotically large buoyancy forcing and magnetic field strength; this regime is characterized by an interconnected network of anisotropic, spatially localized fluid columns aligned with the direction of the imposed magnetic field that remain quasi-laminar despite having large flow speeds. As for non-magnetic convection, heat transport is controlled primarily by the thermal boundary layer. Empirically, the scaling of the heat transport and flow speeds with $Ra$ appear to be independent of the thermal Prandtl number within the magnetically constrained, high-$Q$ regimes.
Imagining the possibilities of a cross-cultural oral narrative portraiture method: stepping beyond binary discourses
Authors: Weuffen Sara , Pickford Aunty Marjorie
Published: September 2019

Abstract
Contemporary scholarly critique in Indigenous research spaces has tended to focus on binary dualities, including the purpose of Indigenous-focused research, and the legitimacy of researcher identity, research knowledge and truth. Yet, perhaps unintentionally, such interrogation has led to the continued (re)construction and maintenance of false race-based dichotomies. In this paper, one way in which we seek to step beyond binary race-based discourses is by advocating for the advancement of cross-cultural research practices that interweave traditional and contemporary communication practices. We put forward the case that by knitting together Eurocentric and Indigenous research methodologies, Lawrence-Lightfoot's (2005, Qualitative Inquiry 11, 3–15) portraiture method, and Aboriginal practices of storytelling/yarning, the cross-cultural oral narrative portraiture method enables co-construction of more holistic, culturally nuanced and responsive stories, where meaning, context and reason resonate. In the 21st century research space, we open dialogue for thinking about data as stories, and advocate for contemporary intercultural research processes that are inclusive, engaging and promote co-construction of narratives for storying.
The importance of Aboriginal Education Workers for decolonising and promoting culture in primary schools: an analysis of the longitudinal study of Indigenous children (LSIC)
Authors: Peacock Huw , Prehn Jacob
Published: September 2019

Abstract Aboriginal Education Workers (AEWs) are utilised by primary and secondary schools to improve components of success for Aboriginal students, liaise with their families and the Aboriginal community and contribute to developing and promoting an Aboriginal pedagogy. Despite the challenging role of decolonising the school environment, the important work undertaken by AEWs can be misunderstood and underappreciated by the Western school system. This paper aims to measure the influence of AEWs on Aboriginal culture within schools using quantitative data from Wave 7K Cohort of the Longitudinal Study of Indigenous Children. Results show that there is a positive impact on Aboriginal culture within schools through having an AEW present all or some of the time. For Aboriginal children to grow up strong, employment of an AEW is important to decolonise the school environment and provide a holistic education.
Modeling oscillations in connected glacial lakes
Authors: Stubblefield Aaron G. , Creyts Timothy T. , Kingslake Jonathan , Spiegelman Marc
Published: September 2019

Mountain glaciers and ice sheets often host marginal and subglacial lakes that are hydraulically connected through subglacial drainage systems. These lakes exhibit complex dynamics that have been the subject of models for decades. Here we introduce and analyze a model for the evolution of glacial lakes connected by subglacial channels. Subglacial channel equations are supplied with effective pressure boundary conditions that are determined by a simple lake model. While the model can describe an arbitrary number of lakes, we solve it numerically with a finite element method for the case of two connected lakes. We examine the effect of relative lake size and spacing on the oscillations. Complex oscillations in the downstream lake are driven by discharge out of the upstream lake. These include multi-peaked and anti-phase filling–draining events. Similar filling–draining cycles have been observed on the Kennicott Glacier in Alaska and at the confluence of the Whillans and Mercer ice streams in West Antarctica. We further construct a simplified ordinary differential equation model that displays the same qualitative behavior as the full, spatially-dependent model. We analyze this model using dynamical systems theory to explain the appearance of filling–draining cycles as the meltwater supply varies.
A problematic animal fossil from the early Cambrian Hetang Formation, South China—A reply
Authors: Tang Qing , Hu Jie , Xie Guwei , Yuan Xunlai , Wan Bin , Zhou Chuanming , Dong Xu , Cao Guohua , Lieberman Bruce S. , Leys Sally P. , Xiao Shuhai
Published: September 2019

We recently reportedCambrowania ovataTang and Xiao in Tang et al., 2019, from the early Cambrian Hetang Formation in South China and interpreted it as a problematic animal fossil, possibly related to either sponges or bivalved arthropods (Tang et al., 2019). Slater and Budd (2019) contested our taxonomic identification and phylogenetic interpretation; instead, they claimed thatCambrowania ovatais a large acritarch referable to morphotaxonLeiosphaeridiaEisenack, 1958, and thus is not an animal. Here we refute their criticisms, clarify the differences betweenCambrowaniaandLeiosphaeridiaand other acritarchs, and reiterate why an animal affinity forCambrowaniacannot be ruled out.
Genocide and Postcolonial African Literature
Authors: Anyaduba Chigbo Arthur
Published: September 2019

This essay provides a critical review of the field of postcolonial African genocide writing. The review makes a case for scholarly recognition of the discourse of African genocide literature. The essay advances some broad claims, among which include the following: that genocidal atrocities in Africa have provoked a body of imaginative literature, which, among other things, has attempted to imagine the conditions giving rise to African genocides, and that this body of literature underlines a confluence of sensibilities shaping atrocity writings and their critical receptions in Africa since the mid-twentieth century. The review provides a critical overview of fictional narratives as well as their scholarly receptions bordering on genocidal atrocities in the Nigerian and Rwandan contexts.
Origin and Alteration of Organic Matter in Hydrate-Bearing Sediments of the Rio Grande Cone, Brazil: Evidence from Biological, Physical, and Chemical Factors
Authors: Rodrigues Luiz F , Macario Kita D , Anjos Roberto M , Ketzer João M M , Maraschin Anderson J , Augustin Adolpho H , Moreira Vinicius N , dos Santos Victor H J M , Muniz Marcelo C , Cardoso Renan P , Viana Adriano R , Miller Dennis J
Published: September 2019

The Rio Grande Cone is a major fanlike depositional feature in the continental slope of the Pelotas Basin, Southern Brazil. Two representative sediment cores collected in the Cone area were retrieved using a piston core device. In this work, the organic matter (OM) in the sediments was characterized for a continental vs. marine origin using chemical proxies to help constrain the origin of gas in hydrates. The main contribution of OM was from marine organic carbon based on the stable carbon isotope (δ13C-org) and total organic carbon/total nitrogen ratio (TOC:TN) analyses. In addition, the 14C data showed important information about the origin of the OM and we suggest some factors that could modify the original organic matter and therefore mask the “real” 14C ages: (1) biological activity that could modify the carbon isotopic composition of bulk terrestrial organic matter values, (2) the existence of younger sediments from mass wasting deposits unconformably overlying older sediments, and (3) the deep-sediment-sourced methane contribution due to the input of “old” (>50 ka) organic compounds from migrating fluids.
Minority Success in Non-Majority Minority Districts: Finding the “Sweet Spot”
Authors: Lublin David , Handley Lisa , Brunell Thomas L. , Grofman Bernard
Published: September 2019

Though African-American and Latino electoral success in state legislative and congressional elections continues to occur almost entirely in majority-minority districts, minorities now have new opportunities in districts that are only 40–50% minority. This success can primarily be explained in terms of a curvilinear model that generates a “sweet spot” of maximum likelihood of minority candidate electoral success as a function of minority population share of the district and the proportion of the district that votes Republican. Past racial redistricting legal challenges often focused on cracking concentrated racial minorities to prevent the creation of majority-minority districts. Future lawsuits may also follow in the steps of recent successful court challenges against racially motivated packing that resulted in the reduction of minority population percentage in a previously majority-minority district in order to enhance minority opportunity in an adjacent non-majority-minority district.
Constituting Feminist Subjects. By Kathi Weeks. Ithaca, NY: Cornell University Press, 1998. 196p. $39.95 cloth, $13.95 paper.
Authors: Curtis Kimberley
Published: September 2019

Feminist theorists have struggled to develop accounts of
women's oppression that are historically specific enough to
capture the variability in forms of male domination but do
not neglect possible transhistorical and transcultural features.
A related challenge has been to theorize a feminist subjec-
tivity that can anchor an oppositional politics but avoid an
overly unified notion of feminist subjectivity, while neverthe-
less attending to the patterned effects that women's system-
atic location in the social whole may have on their subjectiv-
ity.These challenges were the subject of sometimes polemical
but mostly fruitful debates throughout the 1980s and 1990s.
They have been deeply shaped by two distinct developments.
The first is the political struggles and theoretical writings of
women of color, whose work on subjectivity and male dom-
ination has consistently pluralized women's subjectivity as
well as historicized and contextualized male domination in
relation to other axes of power. The second is postmodern
critiques that charge modernist modes of theorizing are
governed by either ahistorical metanarratives insufficiently
attentive to variation and contingency or essentialist under-
standings of subjectivity in either a humanist/liberal/volunta-
rist or determinist/Marxist form.
Regulating the National Pastime: Baseball and Antitrust. By Jerold J. Duquette. Westport, CT: Praeger, 1999. 154p. $59.95.
Authors: Johnson Arthur T.
Published: September 2019

Major league baseball, unlike other professional sports in the
United States, has been exempt from antitrust laws for nearly
a century. The reason lies with early state and federal court
decisions, of which the most frequently cited is the Supreme
Court's Federal Baseball Club of Baltimore v. National League
opinion, authored by Justice Oliver Wendell Holmes in 1922.
Baseball's legal status has been the subject of numerous law
review articles and commentaries, historical narratives, and
scholarly analyses. Nevertheless, Jerold Duquette claims that
there has been no integrated and comprehensive examination
of "baseball's unregulated monopoly."
Culture Wars and Local Politics. Edited by Elaine B. Sharp. Lawrence: University Press of Kansas, 1999. 250p. $35.00 cloth, $16.95 paper.
Authors: Ferman Barbara
Published: September 2019

Although political conflict is certainly no stranger to U.S.
cities, the contributors to Culture Wars suggest that a new
kind of conflict, heavily embued with moral overtones, is
surfacing with more frequency on the urban landscape.
Battles over abortion, gay and lesbian rights, hate crimes, and
the like, are taking their place along side the more traditional
disputes associated with service delivery, economic develop-
ment, and redistribution of resources. The morality-based
nature of these new culture wars has, according to the
contributors, created a new type of politics that is evidenced
in the way issues are presented, debated, and resolved. These
differences are a function of the passion associated with
moral claims, the involvement of religious organizations, and
the use of nonconventional protest tactics that can be fairly
aggressive. These differences between how culture wars play
out and politics as usual may render existing theories of local
politics insufficient.
Can Democracy Take Root in Post-Soviet Russia? Explorations in State Society Relations. By Harry Eckstein, Frederic J. Fleron, Jr., Erik P. Hoffman, and William M. Reisinger, with Richard Ahl, Russell Bova, and Philip G. Roeder. Lanham, MD: Rowman & Littlefield, 1998. 420p. $64.00 cloth, $21.95 paper.
Authors: Kopstein Jeffrey
Published: September 2019

A decade after communism's collapse, what do we have to
report? For one thing, some states certainly have it easier
than others. A handful of the postcommunist states located in
close proximity to the West have made admirable progress in
constructing viable market economies and meaningful insti-
tutions of democratic representation, but a much larger
group has yet to taste the fruits of what Western politicians in
the 1990s called "market democracy." Among this latter
group, some retain at the time of this writing a formal
commitment to democracy, but others have never moved very
far from the authoritarian cronyism where they started.
Of Centaurs and Doves: Guatemala’s Peace Process. By Susanne Jonas. Boulder, CO: Westview, 2000. 299p. $64.95 cloth, $24.95 paper.
Authors: Torres-Rivas Edelberto
Published: September 2019

Bibliography dealing with the armed conflict in Central
America, aptly called crisis literature, was abundant until the
latter part of the 1990s, although North American academi-
cians paid little attention to Guatemala. Now two books have
been published, both with titles that refer to the same
phenomenon. The peace process that concerns Susanne
Jonas corresponds to the termination of the violent revolu-
tion in Rachel McCleary's work.
Policy Representation in Western Democracies. By Warren E. Miller, Roy Pierce, Jacques Thomassen, Richard Herrera, Sören Holmberg, Peter Esaiasson, and Bernhard Wessels. Oxford: Oxford University Press, 2000. 180p. $65.00.
Authors: O’Regan Valerie R.
Published: September 2019

Those who study the concept of representation are undoubt-
edly familiar with the 1963 study by Warren Miller and
Donald Stokes ("Constituency Influence in Congress," Amer-
ican Political Science Review 57 [March 1963]: 45­56), which
had a profound effect on scholars' understanding of the
relationship or "congruence" between representatives and
constituents. Others (see Sidney Verba and Norman H. Nie,
Participation in America: Political Democracy and Social
Equality, 1972; Heinz Eulau and Paul D. Karps, "The Puzzle
of Representation: Specifying Components of Responsive-
ness," in Heinz Eulau and John C. Wahlk, eds., The Politics
of Representation, 1978) have made their own distinguished
contributions by venturing to conceptualize and measure
representation in an effort to further our understanding of
the relationship between the representative and the repre-
sented. In the same mode, this collection of articles contrib-
utes to the study of the mass-elite relationship by providing a
variety of approaches, methods, and measures to broaden the
literature.
Seeking New World Vistas: The Militarization of Space. By Roger Handberg. Westport, CT: Praeger, 2000. 304p. $62.50.
Authors: Martinez Larry
Published: September 2019

Space is a seductive place, where technology-induced vistas
often blur the policy vision of earthbound military planners,
scientific explorers, or commercial entrepreneurs. This is the
message that beams down from Roger Handberg's book on
space militarization. He leads the reader through the twists
and turns of technology, law, and policy, through the bureau-
cratic labyrinth of the U.S. military and space industrial
complexes. In the end, one is faced with the same imponder-
ables that confronted President Clinton in deciding whether
to deploy the National Missile Defense (NMD) system. Like
an astute player on fourth down, he punted that space
football to his successor, and the Handberg volume gives you
the Monday morning quarterback advantage.
Molecular adaptation in adipose tissue in response to overfeeding with a high-fat diet under sedentary conditions in South Asian and Caucasian men
Authors: Wulan Siti N. , Bouwman Freek G. , Westerterp Klaas R. , Mariman Edwin C. M. , Plasqui Guy
Published: September 2019

For the same BMI, South Asians have a higher body fat percentage than Caucasians. There might be differences in the fatty acid (FA) handling in adipose tissue when both ethnicities are exposed to high-fat overfeeding. The objective of the present study was to investigate the molecular adaptation in relation to FA metabolism in response to overfeeding with a high-fat diet (OHFD) in South Asian and Caucasian men. Ten South Asian men (BMI 18–29 kg/m2) and ten Caucasian men (BMI 22–33 kg/m2), matched for body fat percentage, aged 20–40 years were included. A weight-maintenance diet (30 % fat, 55 % carbohydrate and 15 % protein) was given for 3 d followed by 3 d of overfeeding (150 % energy requirement) with a high-fat diet (60 % fat, 25 % carbohydrate and 15 % protein) while staying in a respiration chamber. Before and after overfeeding, abdominal subcutaneous fat biopsies were taken. Proteins were isolated, analysed and quantified for short-chain 3-hydroxyacyl-CoA dehydrogenase (HADH), carnitine palmitoyl-transferase 1α (CPT1a), adipose TAG lipase, perilipin A (PLINA), perilipin B, lipoprotein lipase and fatty acid binding protein 4 using Western blotting. OHFD decreased the HADH level (P< 0·05) in Caucasians more than in Asians (P< 0·05), but the baseline and after intervention HADH level was relatively higher in Caucasians. The level of CPT1a decreased in South Asians and increased in Caucasians (P< 0·05). PLINA did not change with diet but the level was higher in South Asians (P< 0·05). The observed differences in HADH and PLINA levels as well as in CPT1a response may be important for differences in the long-term regulation of energy (fat) metabolism in these populations.
Whole digesta properties as influenced by feed processing explain variation in gastrointestinal transit times in pigs
Authors: Martens Bianca M. J. , Noorloos Marit , de Vries Sonja , Schols Henk A. , Bruininx Erik M. A. M. , Gerrits Walter J. J.
Published: September 2019

Physicochemical properties of diets are believed to play a major role in the regulation of digesta transit in the gastrointestinal tract. Starch, being the dominant nutrient in pig diets, strongly influences these properties. We studied transport of digesta solids and liquids through the upper gastrointestinal tract of ninety pigs in a 3 × 3 factorial arrangement. Dietary treatments varied in starch source (barley, maize and high-amylose maize) and form (isolated starch, ground cereal and extruded cereal). Mean retention times (MRT) of digesta solids ranged 129–225 min for the stomach and 86–124 min for the small intestine (SI). The MRT of solids consistently exceeded that of liquids in the stomach, but not in the SI. Solid digesta of pigs fed extruded cereals remained 29–75 min shorter in the stomach compared with pigs fed ground cereals (P < 0·001). Shear stress of whole digesta positively correlated with solid digesta MRT in the stomach (r 0·33, P < 0·001), but not in the SI. The saturation ratio (SR), the actual amount of water in stomach digesta as a fraction of the theoretical maximum held by the digesta matrix, explained more variation in digesta MRT than shear stress. The predictability of SR was hampered by the accumulation of large particles in the stomach. In addition, the water-holding capacity of gelatinised starch leads to a decreased SR of diets, but not of stomach digesta, which was caused by gastric hydrolysis of starch. Both of these phenomena hinder the predictability of gastric retention times based on feed properties.
“At the Plantiff's Expense”: Quantifying Restitutionary Relief
Authors: McInnes Mitchell
Published: September 2019

THE issue addressed in this article pertains to the proper measure of relief to which Pam is entitled in an action in unjust enrichment. There is no doubting her ability to establish the constituent elements of that action. Dave was enriched by the receipt of an incontrovertible benefit because he realised a financial gain from the services rendered. That enrichment was derived at Pam's expense (at least in part) because she paid for the repairs. And Dave's enrichment was unjust because Pam's intention in rendering the benefit was vitiated by her mistaken belief that the car was hers. However, it is unclear whether she should be awarded £1000 (reflecting Dave's gain) or £250 (reflecting her loss). The specific question that arises is whether the second element of the principle of unjust enrichment (“at the plaintiff's expense”) merely determines Pam's standing to sue or whether it also limits her measure of relief. It is suggested, contrary to a growing body of opinion, that the latter alternative is preferable.
Reform of Limitation of Actions: The Quest for Sound Policy
Authors: Andrews N.H.
Published: September 2019

THE English Law Commission's Consultation Paper “Limitation of Actions” is a long study of a complex subject. The subject has produced a large and detailed literature. Reform is necessary. The occasion of a Consultation Paper should stimulate both substantive and procedural lawyers to think deeply about how this subject, which is truly the gateway to justice, might be re-built.
Collateral challenge defended or no smoke without fine
Authors: Hare Ivan
Published: September 2019

THE imposition of a £10 fine for violating a no-smoking ban on a train to Brighton is an unlikely start for a decision of major constitutional importance–even when the incendiary incident occurred, as here, on 5 November. Nevertheless, Boddington v. British Transport Police [1998] 2 W.L.R. 639 has provided the House of Lords with the opportunity to deliver a strong affirmation of a defendant's right to raise the validity of the administrative action which has resulted in his prosecution as a defence in criminal proceedings.
Silhouette and the limits of free trade
Authors: Davis Jennifer
Published: September 2019

EVERYBODY loves a bargain. Supermarkets have found that the sale of cut price designer goods along with the groceries gives them the edge over their rivals, when consumer spending on food is expected to slump (The Times, 22 April 1998). The catch is that trade mark proprietors, such as Calvin Klein, having nurtured brand images, in which high prices and exclusivity reinforce each other, decline to sell their goods to the supermarkets, preferring to control distribution through specialist outlets. The supermarkets' response has been to go shopping on the “grey market”: buying branded goods from third parties, which are sold more cheaply outside the European Community (EC) and the wider European Economic Area (EEA), and importing them into the EEA for resale. The issue decided by the recent judgment of the European Court of Justice, Silhouette International Schmied GmbH & Co. Kg v. Hartlauer Handelsgesellschaft mbH, Case C-355/96 (1998), was whether the importation and resale of such goods without the brand owner's consent constitutes trade mark infringement.
A broader construction of the EC treaty provisions on citizenship?
Authors: Albors-Llorens Albertina
Published: September 2019

INMartinez Sala v. Freistaat Bayern (Case C-85/96, judgment of 12 May 1998, not yet reported), the Court of Justice has taken a step towards the clarification of the real force of the EC Treaty provisions on citizenship. Mrs. Martinez Sala was a Spanish national lawfully resident in Germany since 1968 and employed there at intervals between 1976 and 1989. In 1993, she applied to the State of Bavaria for a child-raising allowance, a benefit granted to all residents in Germany who had a dependent child in their care and were either unemployed or had no full-time employment. Her application was rejected on the grounds that at the time that she applied for the benefit she was not in possession of a residence permit, a requirement that had to be met by all non-German nationals. The central issue in the case was, therefore, whether Mrs. Martinez Sala had been discriminated against.
The Constitution of the United Kingdom
Authors: Brazier Rodney
Published: September 2019

Before the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
The Application of the Human Rights Act 1998 to Public Authorities and Private Bodies
Authors: Bamforth Nicholas
Published: September 2019

The Human Rights Act 1998 applies only to “public authorities”. This article begins by examining the Act's definition of a “public authority” and how this will interact with existing distinctions between public and private law in domestic judicial review and EU law. It is then argued that the Act may, through two different routes, have a limited horizontal impact between private bodies – although certain technical obstacles will need to be overcome. The article considers, finally, the operation between private bodies of the requirement that legislation be interpreted as far as possible in accordance with the European Convention on Human Rights.
Crimes by British Passengers on board Foreign Ships on the High Seas: The Historical Background to Section 686(1) of the Merchant Shipping Act 1894
Authors: Marston Geoffrey
Published: September 2019

In R. v. Kelly [1982] AC 665 the House of Lords held that by virtue of s. 686(1) of the Merchant Shipping Act 1894 a British subject may be tried in any English court within whose jurisdiction he or she is found for any crime under English law alleged to have been committed on the high seas on board a foreign ship to which he or she does not belong. After analysing the statutory predecessors of s. 686(1) in the light of archival documents previously unexamined, the article concludes that their Lordships' finding that it not only provided a venue but also extended the ambit of the criminal law is an example of creative interpretation.
Using Theory to Study Law: A Company Law Perspective
Authors: Cheffins Brian R.
Published: September 2019

In the United States, theorising about law has flourished. There has been an increase in the “market share” of theoretically oriented articles in leading law reviews, a proliferation of specialised journals devoted to interdisciplinary approaches to law and much more frequent citation of theoretical scholarship in legal literature. The interdisciplinary movement in legal thought has prompted a strong backlash. Fears have been expressed that “impractical” scholars are doing the legal profession and law students a disservice by pursuing “abstract” theory at the expense of engaging in analysis of legal doctrine.

Interdisciplinary scholarship is growing in prominence in Britain. If this trend continues, the experience in the United States suggests that concerns could arise about the practical value of academic law, both inside and outside the classroom. As a result, this is a suitable occasion to assess whether theoretical analysis can make a valuable contribution both with respect to research and teaching. This essay advances the thesis that thinking about law in interdisciplinary terms has a beneficial influence on academic writing and should lead to improvements in the classroom. The case in favour of the use of theory is set out in general terms and is then illustrated by considering a field often thought to be primarily technical and “vocational” in nature, namely company law.
Constructive Trusts and Constructive Trustees
Authors: Smith Lionel
Published: September 2019

This article attempts to explain the meaning of the term “constructive trustee” and to understand why allegations of personal liability on the part of third parties to trusts are pleaded in the language of constructive trusteeship. The author concludes that the language of constructive trusteeship is dictated by the structure and historical context of the trust. Although this terminology could usefully be abandoned, an understanding of its origins suggests that as a matter of linguistic logic there is no room for third party liability which is somehow different from liability “as a constructive trustee.”
Deeds Registration in England: A Complete Failure?
Authors: Howell Jean
Published: September 2019

A system of registration of title to land was first introduced int England by the Land Transfer Act 1862. Many commentators have since charted its development and have described the struggle between those espousing title registration and those advocating a reformed system of unregistered conveyancing. There has, however, been little discussion of an alternative which was strongly advocated in the nineteenth century; a general register of deeds, rather than title. The article explains the difference between the two systems and describes the various proposals for the establishment of a deeds register. It then analyses the relative strengths and weaknesses of the two systems of registration and suggests that the eventual ascendancy of title registration was due less to any inherent superiority than to external factors.
Modernising Remedies for Breach of Repairing Covenants
Authors: Bridge Stuart
Published: September 2019

The obvious, and potentially most effective, remedy for breach of a repairing covenant in a lease is specific performance. All such decrees are of course discretionary. Although there are “well-established principles which govern the exercise of the discretion . . . these, like all equitable principles, are flexible and adaptable to achieve the ends of equity” (per Lord Hoffmann in Co-operative Insurance Society Ltd. v. Argyll Stores (Holdings) Ltd. [1998] A.C. 1, 9). However, since the decision of Lord Eldon L.C. in Hill v. Barclay (1810) 16 Ves. 402, specific performance of repairing covenants was considered generally unavailable on three grounds: the want of mutuality between landlord and tenant; the impossibility of defining adequately the works to be done; and the need for the constant supervision of the court to ensure that effective compliance is obtained. In its 1996 Report on Landlord and Tenant: Responsibility for State and Condition of Property (Law Com. No. 238), the Law Commission recommended legislation to give the court power to make orders for specific performance in any lease or tenancy. Now, the High Court appears to have made legislation unnecessary. In Rainbow Estates Ltd. v. Tokenhold Ltd. [1999] Ch. 64 (Lawrence Collins Q.C. sitting as a deputy) it has done Parliament's work for it.
Surrender to the Inevitable?
Authors: Tee Louise
Published: September 2019

Adverse possession and registered land are unlikely bedfellows–the one originating in the common law idea that a freehold estate results from possession and the other premised upon registration validating title. Indeed, when registration of title was introduced into England and Wales in the nineteenth century, acquisition of title to registered land by adverse possession was prohibited–see section 21 of the Land Transfer Act 1875. However, a more pragmatic approach then ensued, and the Land Registration Act 1925, s. 75, expansively provided that the Limitation Acts should apply to registered land in the same manner and to the same extent as those Acts applied to unregistered land. But technically, of course, this was impossible, and the section detailed a special trust mechanism for registered land alone. Section 75 thus clearly illustrates the inherent difficulties in trying to retain the substantive law of unregistered land within a registered context. Tensions are inevitable, because of the very different conceptual bases of the two systems. In Central London Commercial Estates Ltd. v. Kato Kagaku Ltd., The Times, 27 July 1998, Sedley J. was directly faced with such tension, as he strove to determine the effect of section 75.
Corporal Punishment of Children: A Caning for the United Kingdom
Authors: Bainham Andrew
Published: September 2019

The ruling of the European Court of Human Rights in A v. United Kingdom (Human Rights: Punishment of Child) [1998] 2 F.L.R. 959 that to beat repeatedly a nine-year-old boy with a garden cane, leaving linear bruises on his thighs and buttocks which remained for up to one week, amounted to “torture or inhuman or degrading treatment or punishment” contrary to Article 3 of the Convention will occasion little suprise. What will have come as unwelcome news to some is the unanimous decision of the Court that the Government of the United Kingdom could itself be held liable for failing to take measures which could have prevented these beatings by the child's stepfather.
Locus Standi of Private Parties in Environmental Cases
Authors: Albors-Llorens Albertina
Published: September 2019

The standing of natural and legal persons to bring annulment proceedings is one of the most difficult and controversial issues in EC law. Article 173(4) EC states that non-addressees of a Community decision can only challenge it if they are directly and individually concerned by it. In Plaumann v. Commission (Case 25/62 [1963] E.C.R. 95) the Court explained that a decision is of individual concern to non-addressees if it “affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons, and by virtue of these factors distinguishes them individually just as in the case of the person addressed”. But what degree of factual or legal differentiation must an applicant show to be individually concerned? The standard test is that the applicants need to belong to a “closed category”, namely one the membership of which had become fixed and ascertainable when the measure in question was adopted. The mere capacity of an applicant as a trader, importer or exporter does not suffice to render him individually concerned (Case 38/64 Getreide-Import Gesellschaft v. Commission [1965] E.C.R. 203; Case 191/89 Co-Frutta v. Commission [1989] E.C.R 793).
Transfer of Undertakings–Dismissals and Variations
Authors: Roe Thomas
Published: September 2019

In conjoined appeals in Wilson v. St. Helens Borough Council [1998] 3 W.L.R. 1070, the House of Lords considered two important questions concerning the Transfer of Undertakings (Protection of Employment) Regulations 1981, S.I. 1981/1794, which enact the Acquired Rights Directive (77/187/EEC): first, whether a purported dismissal of an employee, the reason or principal reason for which is the transfer of an undertaking, is effective or is a nullity, and secondly, the extent to which employees are free, expressly or by conduct, to accept variations by the transferee in their terms of employment.
A PATRIOTIC LEFTIST DEVELOPMENT-STRATEGY PROPOSAL IN TURKEY IN
THE 1930S: THE CASE OF THE KADRO (CADRE) MOVEMENT
Authors: Türkeş Mustafa
Published: September 2019

This article attempts to make a contribution to the intellectual history of the early Turkish
Republic through an examination of Kadro, a monthly journal of political, economic,
and social ideas, which was published in Turkey between 1932 and 1934.1 The
Kadro movement took its name from the journal Kadro; the journal aspired to fulfill
two self-appointed tasks: to develop an ideological framework in which to interpret the Turkish
revolution that had created the republican regime led by President Mustafa Kemal Atatürk,2 and to suggest economic policies that, in accordance with this ideological framework, the regime should pursue in the future. Although Kadro clearly identified itself with the republican regime, and although its publication was sanctioned and encouraged by leaders of the Kemalist regime (the same political leadership that eventually forced Kadro to cease publication), it was not a simple emanation of the government or of the ruling Republican People's Party (RPP). Most of the journal's regular writers had
“leftist” backgrounds that had, on occasion, brought them into collision with the
republican authorities. Kadro's political loyalty to the regime was never in
question, but within these limits, it exhibited a striking degree of intellectual independence.