bluuebunny/crossref_metadata_2025 huggingface dataset:
THE RIGHT TO A PRE-DISMISSAL HEARING IN TERMS OF THE COMMON LAW: ARE THE CIVIL COURTS MISDIRECTED?
Authors: Stefan van Eck
Published: October 2021

This article explores the overlap between the unlawful termination of a contract of employment and the unfair dismissal of an employee. The Supreme Court of Appeal has in a sequence of cases developed the common-law contract of employment to include the implied right to a pre-dismissal hearing. Owing to the fact that labour legislation already regulates unfair dismissal law, this in effect creates a dual system of dispute resolution in relation to the termination of contracts of employment. The focus of this contribution is on the factors that allure dismissed employees to the civil courts and it highlights the problems that are associated with the overlap of the High Court’s and the Labour Court’s jurisdictions. Future developments are traversed and the Constitutional Court is called upon to bring an end to the development of parallel dispute resolution systems in respect of dismissal disputes.
JOB SECURITY FOR DISABLED WORKERS: A COMPARATIVE STUDY BETWEEN SOUTH AFRICA AND AUSTRALIA
Authors: Nicola Smit  , Robert Guthrie
Published: October 2021

This contribution considers issues arising from the incapacity of an employee as a result of an occupational injury or disease and the often resultant termination of the contract of employment due to an unavoidable long absence from work. A comparative approach is adopted with specific reference to the South African and Australian regulation of such cases. These cases may be divided into two main categories, namely protection against dismissal and job insecurity and then also the health and safety of workers at the workplace. Both aspects are the subject of Conventions and Recommendations of the International Labour Organisation. The similarities of the two approaches are compared (for example the protection available against unfair dismissal and unfair discrimination in labour and equity legislation) but divergences are also indicated. In particular the absence of “return to work” provisions, management of occupational injuries and the reintegration of persons injured at work in South Africa, as well as the compensation available in appropriate instances.
COMMENTARY ON THE IMPACT OF THE CHILDREN’S ACT ON SELECTED ASPECTS OF THE CUSTODY AND CARE OF AFRICAN CHILDREN IN SOUTH AFRICA
Authors: JC Bekker
Published: October 2021

The Children’s Act 38 of 2005 has consolidated and updated the principles relating to care and protection of children. This article does not deal with the multifarious provisions of the Act, but with those that have an impact on African cultural practices and customary law. The author highlights the need for taking issues relating to customary law and culture into account in implementing the Act.
EMPLOYMENT WITHOUT RIGHTS? Discovery Health Limited v CCMA 2008 7 BLLR 633 (LC); and “Kylie” v CCMA 2008 9 BLLR 870 (LC)
Authors: Avinash Govindjee  , Adriaan van der Walt
Published: October 2021

The cases of Discovery and Kylie provide interesting comparative material for a number of reasons. Firstly, both cases involved parties who were guilty of contravening aspects of South African statutory law. Secondly, in both cases the individuals concerned sought protection as employees in terms of the Labour Relations Act, 1995 (hereinafter “the LRA”). Thirdly, the individuals in both cases were members of groups which have previously been acknowledged as being vulnerable in South African society. Finally, and perhaps most interestingly, the Acting Judges of the Labour Court who presided over the two cases were both aware of the similarity of the casesand nevertheless managed to arrive at contrasting conclusions − despite both courts having held that a valid contract of employment was not a prerequisite for workers to acquire labour rights and that the individuals concerned were “employees” for purposes of the LRA. By conducting a legal analysis of both cases against the backdrop of the common law contractual principles traditionally applied to illegal activity and in the light of post-Constitutional reflections on public policy, the authors aim to contextualise the significance of the two decisions for South African employment law.
THE STATE IS NOT PRESUMED TO BE BOUND BY STATUTE – A CONSTITUTIONAL AND JURISPRUDENTIAL ANACHRONISM
Authors: GE Devenish
Published: October 2021

The presumption that the state is not bound by legislation has its genesis and lineage in our common law. It is a controversial presumption that needs to be evaluated carefully in the light of the libertarian provisions of both our common law and the Constitution. In particular, section 2 of the South African Constitution declares the Constitution to be the supreme law. Section 1 enshrines the common law concept of the rule of law, which is also given expression to in the provisions of the Bill of Rights.The latter section of the Constitution prescribes the rule of law as one of the seminal libertarian values on which the Constitution is founded. The concept of the rule of law is a fundamental value that underlies “an open and democratic society based on dignity, equality and freedom”, and must be promoted when interpreting the provisions of the Bill of Rights. Furthermore, section 39(2) of the Constitution stipulates that the principles and rules of our common law must be developed in accordance with the spirit and ethos of the fundamental rights in the Constitution. This article addresses the formidable challenge posed by the sections of the Constitution referred to above and the common law, to the presumption that the state is not bound by legislation.
HOST COMMUNITIES AND MINING PROJECTS IN SOUTH AFRICA: TOWARDS AN EQUITABLE MINERAL REGULATION
Authors: Seth Nthai
Published: October 2021

The issue of host communities in the context of mining projects has become the subject of increasing attention in recent years both in South Africa and internationally. This is as a direct result of host communities asserting their interests and rights more actively than in the past. This trend incorporates both traditional concerns such as employment but also new issues such as management of social change. Indeed, it has become much easier for previously isolated host communities to attract attention to their grievances, mobilise supporters and focus criticism on government and mining companies. Host communities have become more assertive and betterinformed and are able to articulate their interests and rights more clearly than before.
CONTRACT AND AGENCY LAW AND THE 2008 COMPANIES BILL
Authors: JS McLennan
Published: October 2021

There are several sections of this new Bill (final version B61D-2008, adopted by the National Assembly on 19 November 2008) that deal with these topics. Before examining them the author opines that it would be advisable to review the background and the present legal position.
REGULATION BY RISKS – BEYOND LESSIG’S CODES-BASED THEORY
Authors: Mzukisi Niven Njotini
Published: October 2021

Recent technologies (ICTs) are both necessary and detrimental to society, that is, the information society. They are important because they facilitate and ease the burden of sharing information. However, ICTs are harmful in that they generate risks or challenges to the aforementioned society. Computer cracking, distributed denial of service attacks and man-in-the-middle attacks are some of the risks associated with ICTs. The said challenges encumber ICT regulators with questions, for example whether ICTs are possible to regulate or not, and how to structure those regulations. These questions necessitate, it is argued, a scrutiny of the traditional constraints – namely, the law, social norms and the market and nature − of regulation. Thus, they compel an ICT-regulatory framework which commences from the architecture or nature of the technology to be regulated is essential. However, the structure should move beyond what is referred to as the “codes”.
A CASE FOR SOME NORMATIVE CONTENT IN SOUTH AFRICAN TRUST LAW
Authors: Eben Nel
Published: October 2021

The nature and content of the fiduciary duty in South African trust law is discussed and the principles and theory of fiduciary law are set against the value system underpinning such law. The aspect of trust and the role of power within the fiduciary relationship, with particular reference to the duty of care as inherent ingredient of the fiduciary function, are investigated. While the fiduciary duty cannot be separated from the duties of a trustee, it is submitted that it is made up of more than a duty of care, and also includes aspects such as impartiality, independence, accountability, loyalty and good faith. The legislated duties of the company director, namely care, diligence and skill, are compared with the contents of the fiduciary duties of trustees, with reference to traditional viewpoints in other jurisdictions, such as the profit and conflict rule, the duty of loyalty and the law of equity. Against this background the question is posed whether the fiduciary duty of the trustee in South Africa is an expression of positive law only, or whether some normative content has actually infiltrated the application thereof. It is submitted that, as matters of a fiduciary nature are closely interwoven with moral and social aspects, the application of positive law when dealing with the fiduciary duty of trustees has indeed been influenced by some normative thinking.
WRITING-INTENSIVE COURSES ACROSS THE LAW CURRICULUM: DEVELOPING LAW STUDENTS’ CRITICAL THINKING AND WRITING SKILLS – A POST-EVALUATION ASSESSMENT
Authors: Theo Broodryk  , Melandie Buitendag
Published: October 2021

This article follows upon a previous article which dealt with the writing-across-the curriculum strategy implemented at the Faculty of Law, Stellenbosch University. This article details the findings and recommendations of an outcomes evaluation conducted in respect of the strategy, commissioned by the Faculty, and deals with the design, implementation and achievement of outcomes by the strategy. It commences by considering the different components of the strategy, the implementation of these components and the relevant findings of the outcomes evaluation in this regard. Specific attention is given to the five mainstream outcomes envisaged by the Faculty through the implementation of the strategy’s different but mutually complementary components. The article will conclude by making recommendations aimed at ensuring the continuous development and improvement of the strategy, not only at the Faculty, but also in an attempt to assist other law faculties in the implementation or improvement of their own writing initiatives.
SIDUMO REVISITED – AN ARTICLE ON THE DEVELOPMENT OF THE REVIEW TEST IN SOUTH AFRICA
Authors: MJ Boyens  , Adriaan van der Walt
Published: October 2021

The primary purpose of the second article in a series of two, is to revisit and reconsider the development of the review test set out in the Constitutional Court judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)), and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose entails the determination of the extent to which Labour Court judges interfere with the merits of awards and the resulting impact on the distinction between appeal and review. In order to establish whether the test for review was correctly developed and to determine whether our review proceedings deter recurrent interference by our judges, a consideration of judicial review in South Africa, an extensive analysis of various judgments pertaining to such development, and a comprehensive comparison with the United Kingdom`s application of review proceedings are made. The Sidumo contour is unpacked firstly. This discussion is followed by an evaluation of three contentious Labour Appeal Court judgments and concluding with a Supreme Court of Appeal judgment, which clarifies the operation of the review test. The contour is interlinked with the notion of reasonableness. The judgment in Herholdt v Nedbank Ltd (2013) 34 ILJ 2795 (SCA), concluding the Sidumo contour, underlines the current position in our law and consequent narrower approach. A comparison made with the United Kingdom, differentiates between such approach implemented by our courts and the strict gross unreasonableness approach applied by Employment Appeal Tribunals, recognising the finding, that South African Labour Court judges ardently interfere with the merits of awards. In the conclusion it is submitted that our labour law jurisprudence will constantly evolve, dictated by the interpretation of lawfulness, reasonableness and fairness in South African jurisprudence.
THE COMMON-LAW AUTHORS ON CONTRACTUAL CAPACITY IN PRIVATE INTERNATIONAL LAW
Authors: Eesa Allie Fredericks
Published: October 2021

Contractual capacity in private international law concerns the law applicable to the competence of a natural person to create rights and duties by concluding a contract with another (natural or juristic) person or persons. Sometimes it is implied that contractual capacity is no longer such an important issue in private international law due to, for instance, the emancipation of married women. However, it is suggested that this development indeed increases the relevance of the topic, as today a husband’s contractual capacity could be dependent on the consent of his spouse, while a century ago this was invariably the position only in respect of the wife’s contractual capacity. In any event, there may be many non-Western legal systems where a married women’s contractual capacity remains limited. In respect of the age of majority, it is true that many legal systems now accept 18 years as the legal age. Nevertheless, a substantial minority of legal systems adhere to ages above or below. Contractual capacity may also be affected by mental illness, curatorship (for instance, in the case of prodigality and insolvency) or emancipation. It is therefore clear that contractual capacity continues to play an important role in private international law.Nonetheless, the law in this regard is far from clear in South Africa. There is authority in case law for the lex rei sitae or the lex situs (the law of the country where the property is situated) to govern capacity in contracts involving immovable property. In respect of other contracts, the courts have applied the lex domicilii (the law of the country of domicile), the lex loci contractus (the law of the country where the contract is concluded) and the (putative) (objective) proper law of the relevant contract. A clear choice between these legal systems has not yet crystallised. There is also no Supreme Court of Appeal (nor Constitutional Court) decision in this regard and therefore no binding authority.An investigation of the views held by the common-law authors on contractual capacity in private international law may therefore prove valuable in addressing the issue. An analysis is offered in the concluding remarks on whether the views held by the authors have been received in South African case law.
IMMIGRATION AND THE RIGHT TO RESPECT FOR FAMILY LIFE BETWEEN ADULT CHILD AND ELDERLY FOREIGN PARENT FOR PURPOSES OF REUNIFICATION Senchishak v Finland (Application No 5049/12 ECtHR of 18 November 2014)
Authors: A van der Linde
Published: October 2021

In regard to immigration matters a distinction can be drawn between a decision refusing admission to a state of a family member for reunification purposes and one ordering deportation of a family member or relative already resident in such state. In European context, applicants who are refused admission or who are deported, often argue that such decisions interfere with their right to respect for family and private life in terms of article 8 of the European Convention of Human Rights. The question to be answered is whether a fair balance has been struck between the applicant’s interest and the public interest in deportation or exclusion. This case discussion reflects on the restrictive interpretation of “family life” within the context of article 8 by the European Court of Human Rights, and the way in which the ”dependency” criterion is narrowly construed in applications for permanent residence by an elderly foreign parent for purposes of reunification with an adult child. The provisions of the Immigration Act 13 of 2002 as well as the Regulations are investigated to get some understanding of how similar applications are dealt with in terms of South African Immigration law. Although contentious, it is suggested that even though a broader understanding of “family/relative” and the concept of “dependency” exists, less emphasis must be afforded to the ability of the South African resident to maintain the parent financially. It is submitted that this requirement should not effectively sideline emotional ties and affection between the parties. Emphasis is placed on ensuring a human-rights-based culture of enforcement in immigration control as envisaged by the Immigration Act.
PRIVATE INTERNATIONAL LAW OF CONTRACT IN ANGOLA AND MOZAMBIQUE
Authors: Rui Dias  , Carl Friedrich Nordmeier
Published: October 2021

The Republic of Angola and the Republic of Mozambique are two of five countries on the African continent with Portuguese as an official language (the others being Cabo Verde, Guinea-Bissau and São Tomé and Príncipe). Regarding their independence from Portugal, they share a relatively similar history. In consequence of the Portuguese Carnation Revolution (Revolução dos Cravos), which was initiated 25 April 1974, Angola became independent on 11 November 1975 and Mozambique on 25 June 1975. In order to understand the private international law of contract in force today in these two countries, it is necessary to take a look at the Portuguese law at the time before Angola and Mozambique obtained theirindependence. Portugal is a civil law country, having codified civil law as well as civil procedure law. The codifications extend to private international law. While the Civil Code (Código Civil) contains rules on the law applicable (some other conflict of law rules can be found in special legislation. See Pinheiro Direito Internacional Privado – Introdução e Direito dos Conflitos – Parte Geral 3ed (2014) 241), the Civil Procedure Code (Código de Processo Civil) regulates, inter alia, international jurisdiction and the recognition and enforcement of foreign judgments. The Portuguese legislator used to enact laws in mainland Portugal first and extend their applicability to the then overseas territories (o Ultramar) later. For example, the last reform of the Portuguese Civil Code, which entered into force in the mainland of Portugal 25 November 1966, was extended to Angola and Mozambique as of 1 January 1968, with minor modifications.
ASSISTING FOREIGN INSOLVENCY PRACTITIONERS IN CROSS-BORDER INSOLVENCY: SOME FOREIGN INSIGHTS INTO SOUTH AFRICAN LAW Singularis Holdings Ltd v PricewaterhouseCoopers (Bermuda) [2014] UKPC 36 (10 November 2014), [2015] 2 WLR 971
Authors: Alastair Smith
Published: October 2021

The related companies Saad Investments Company Limited and Singularis Holdings Ltd were registered in the Cayman Islands and audited by PricewaterhouseCoopers (“PwC”). When the Grand Court of the Cayman Islands wound them up, it ordered PwC, as a person relevantly connected to them, to deliver or transfer to their joint official liquidators (“JOLs”) any property or documents belonging to those companies (s 103 of the Companies Law). The reason that the JOLs pursued PwC was that the Saad group had withdrawn property to Saudi Arabia. The JOLs in Singularis were not satisfied with what they had received from PwC under this order. They thought that Singularis should have had even more property, which they sought information about from PwC’s working papers. For this purpose, the JOLs considered section 195 of the Companies Act 59 of 1981 in Bermuda, where the relevant branch office of PwC was registered. This more promising provision applied if a provisional liquidator had been appointed, or a liquidation order made in Bermuda. These officers or persons might be interrogated and required to “produce any books or papers in [their] custody or power relating to the company”. Kawaley CJ issued an order in the Supreme Court of Bermuda, recognising the Cayman court’s appointment of the JOLs. He also “exercised a common law power ‘by analogy with the statutory powers contained in section 195’”. PwC and a named officer had to produce the documents that the court could have ordered them to produce under section 195. PwC also had to make its staff or agents available to answer questions. The JOLs could even serve papers on a named PwC partner, or any other partner outside Bermuda. The Court of Appeal for Bermuda overturned his decision, and the JOLs appealed to the Judicial Committee of the Privy Council. PwC argued that only it owned its working papers. Auditors are “notoriously insistent” that their clients do not. They fear professional negligence claims if their working papers are scrutinised.
BETWEEN REASONABLE AND PROBABLE CAUSE AND MALICE IN THE LAW OF MALICIOUS PROSECUTION: A COMMONWEALTH UPDATE
Authors: Chuks Okpaluba
Published: October 2021

Although the requirements of absence of a reasonable and probable cause and malice are two distinct elements in an action for malicious prosecution, they sometimes appear inseparable. An absence of reasonable and probable cause might, in instances, be a clear indication of malice on the part of the prosecution. However, while the absence of reasonable and probable cause is often deduced from the conduct of the prosecutor, judged from the objective standpoint of a reasonable prosecutor possessed of the same information, malice is inferred from the state of mind of the prosecutor as to whether he or she genuinely intended to bring the accused person to justice, or had operated from the angle of vengeance, improper purpose, targeted malice or for any unlawful purpose. Such inference can easily be drawn where the investigating officer and the prosecutor knowingly relied on fabricated information – Minister of Safety and Security v Tyokwana 2015 (1) SACR 597 (SCA). The burden of proof of both elements, though extensively canvassed by the Australian High Court in A v New South Wales (2007) 230 CLR 500 (HCA), has been taken a step further by the New South Wales Court of Appeal in State of NSW v Quirk [2012] NSWCA 216. The Supreme Court of Appeal of South Africa has maintained in Woji v Minister of Police 2014 (1) SACR 409 (SCA) that negligence or gross negligence, short of dolus eventualis, would not suffice in a claim for malicious prosecution. The defendant must have been aware of the wrongfulness of his or her conduct in initiating or continuing the prosecution, but nevertheless continued to act, reckless as to the consequences of his or her conduct.
GHOSTS OF THE MUNICIPAL DEBTS’ PAST: IS MITCHELL RESURRECTING THE MATHABATHE SPECTRE? – NOT QUITE Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014] ZAGPPHC 758
Authors: Matome M Ratiba
Published: October 2021

The unfortunate choice of words by the judiciary in the case of City of Tshwane Metropolitan Municipality v Mathabathe ((502/12) [2013] ZASCA 60 (hereinafter “Mathabathe case”) has resulted in a barrage of incorrect interpretations being attributed to the decision. All of these have translated into massive uncertainty, coupled with boundless confusion as regards the whole issue of the collection of municipal debts by the municipality. Also, it had become clear to municipal entities that some of the erstwhile innovative ways of exploiting the legal framework created by the applicable legislation (eg, the withholding of certificates and demanding guarantees) have effectively been thwarted by the Mathabathe case. Responding thereto and moreover seizing upon the opportunity created by the now-existing uncertainty, municipalities have been quite inventive, and taken it upon themselves to embark on a myriad of newfound steps and methods which are generally grossly unfair and sometimes bordering on the illegal, in order to collect outstanding rates and taxes. To a large extent, the entities have been engaging in, and in fact, intensifying the long-standing practice of conducting large-scale impromptu electricity disconnections, coupled with the recent refusal to connect new owners of properties with historical debts.It was indeed a dispute arising out of such typical refusal to reconnect electricity by the municipality of the City of Tshwane that gave rise to the decision in the case of Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014] ZAGPPHC 758 (hereinafter “Mitchell case”). Although, being a decision of the High Court, this latest decision cannot legally be expected to overrule the pronouncements made by the Supreme Court of Appeal in Mathabathe case. The Mitchell case is nevertheless considered important mainly due to its assisting in throwing new light on the issue of municipal liens, and consequently bringing a new dimension to the debate.The purpose of this note is therefore to conduct a close evaluation of the Mitchell case with a view to determining the extent to which the judgment in the case supplements or deviates from the one in the Mathabathe case. This will be done in three parts: in the first part a brief outline of the facts and decision of the Mitchell case will be rendered; the second part will provide an analysis of the relevant decision. Importantly, and in an attempt to answer the question in the title, the analysis will compare the two cases in so far as their pronouncements relate to the principles pertaining to the municipal lien. This part will also discuss and explore the important issues raised by the judgment in the case under discussion, and in the process detail the possible practical implications thereof. The last part will conclude the discussion.
RTRS, moratória da soja e soja plus
Authors: Lima Leonardo Andrade de , Martins Karina
Published: October 2021

Surge a partir dos anos 2000 iniciativas a fim de buscar o ideal sustentável, em especial práticas sustentáveis na produção da soja, visto sua predominância na agricultura pátria. Dentre as iniciativas analisar-se-á a RTRS, a Moratória da Soja e a Soja Plus. Essas iniciativas surgem após forte pressão da sociedade civil organizada e do mercado para buscar práticas sustentáveis de produção. Objetiva-se com a pesquisa identificar os fenômenos determinantes dessas iniciativas, bem como caracterizar as diferenças e semelhanças quanto às suas finalidades específicas.  Para alcançar o objetivo desta pesquisa utilizar-se-á uma abordagem qualitativa, de cunho exploratório, com procedimento bibliográfico e documental e método hipotético-dedutivo.  Concluiu-se que a principal semelhança das iniciativas está no fato de que nasceram de forte pressão da sociedade civil organizada aos compradores da soja brasileira, o que fez o mercado pressionar os produtores, devido à exposição da ligação entre as fazendas de soja e a perda de floresta no recorte de tempo do início dos anos 2000.
ÜSTÜN ZEKÂLI ÖĞRENCİLERİN ÖĞRENME STRATEJİLERİ TERCİHLERİ VE ÖĞRENME SORUNLARI
Authors: Bolat Yeliz
Published: October 2021

Bu araştırmada, bilim ve sanat merkezinde öğrenim gören üstün zekâlı öğrencilerin sosyal bilgiler dersinde kullandıkları öğrenme stratejileri tercihleri ve sosyal bilgiler dersinin konularını öğrenirken yaşadıkları öğrenme sorunları belirlenmiştir. Betimsel bir araştırma olarak yürütülen çalışma, tarama modelinde tasarlanmıştır. Veri toplama aracı olarak Öğrenme Stratejileri Ölçeği kullanılmış ve 55 üstün zekâlı öğrenciye uygulanmıştır. Öğrencilerin kullandıkları öğrenme stratejileri hakkında daha derinlemesine bilgi edinmek ve sosyal bilgiler dersini öğrenirken karşılaştıkları sorunları belirlemek için iki açlık uçlu soru sorulmuş ve cevaplar yazılı olarak alınmıştır. Ölçekten elde edilen veriler betimsel istatistik yöntemleriyle ve bağımsız gruplar t testi ile incelenmiştir. Açık uçlu sorulardan elde edilen veriler, içerik analizi ile incelenmiştir. Sonuçta, öğrencilerin tekrar, anlamlandırma, dikkat ve sosyal- duygusal stratejileri kullanmaya istekli oldukları ve bu tercihlerinin cinsiyet, okul türü ve özel odaya sahip olma değişkenleri açısından farklılaşmadığı belirlenmiştir. Öğrencilerin devam ettiği sınıf düzeyine göre sosyal-duyuşsal stratejilerde 5. Sınıf lehine anlamlı bir fark belirlenmiştir. Üstün zekâlı öğrencilerin sosyal bilgiler dersini öğrenirken, odaklanamama, konuyu anlamama, öğrenilenleri kısa sürede unutma ve olayların tarihlerini ezberleyememe sorunlarıyla karşılaştıkları ve bu sorunları odaklanmaya çalışarak, daha çok ders çalışarak, öğretmenden yardım isteyerek, araştırma yaparak, konuyu tekrar ederek, not alarak, plan yaparak ve bellek destekleyici kullanarak çözmeye çalıştıkları belirlenmiştir.
About the commissural systems of the cerebral cortex
Authors: Yanishevsky A. Е.
Published: October 2021

The anterior commissure was first indicated by Eustach and described by Riolan under the name funiculus transversus. She received the name commissar and anterior from Haller. The idea of the origin and connections of the anterior commissure in the former anatomists was very diverse.
On the influence of atmospheric variables on the state of the animal organism and on the dispatch of the nervous system
Authors: Vasilieva К. К.
Published: October 2021

All animal organisms, being in the air space, experience a certain atmospheric pressure on the entire outer surface of the body. So, the human body with ordinary average air pressure (assuming the normal height of the barometer = 760 m. Mercury), according to the calculations of Meada, Benk'a, Assmann'a, weighs from 15,000 to 17,000 kilograms.
Prof. Kirchhoff. Mimic center in the medial nucleus of the visual hillock. (Arch. F. Ps. And Neur. 1902. B. 35. H. 3)
Authors: Aykhenvald L. I.
Published: October 2021

The essence of facial expressions has always attracted everyone's interest. Many consider themselves able to read the facial expressions of their interlocutor. Various theories of facial expressions are devoid of scientific basis, ignoring the anatomy of this act.
STUDY ON SYNTHESIS AND STRUCTURE OF SOME HYDRAZONES FROM 3,4-DIMETHOXY-2-NITROBENZALDEHYDE
Authors: Truong Minh Luong , Nguyen Thi My Hoa
Published: October 2021

Three new hydrazones were synthesized by condensation reaction between 3,4-dimethoxy-2-nitrobenzaldehyde and aryl hydrazine hydrochlorides. 3,4-Dimethoxy-2-nitrobenzaldehyde needed for the Schiff base-imine condensation reaction was synthesized from vanillin through esterification, nitration, hydrolysis, and methylation reactions. All products were purified by re-crystallization in a suitable solvent. The structures of three new hydrazones were determined by 1H NMR, 13C NMR, and MS.
Alvin Toffler’s educational viewpoint and its meaning for human resource education and training in Vietnam today
Authors: Nguyen Thi Toan , Duong Thi Huong
Published: October 2021

Alvin Toffler is an American futurist who made predictions about the future at a global level. Regarding the education, he believed that it is necessary to create a revolution in education, eliminate the education of the industrial era, renew goals, program content and educational methods in order to equip learners with knowledge, intellectual development and a system of adaptive skills. In this article, the authors took an insight into the system of A. Toffler’s educational viewpoint and clarified its implications for human resource education and training in Vietnam today.
Some difficulties of students when practicing pedagogy in high schools today
Authors: Tran Thi Tuyet Mai
Published: October 2021

In the process of pedagogical practice, besides the advantages, students also encounter many difficulties. The content of this article analyzes the difficult situation of students of Hanoi Pedagogical University and the University of Education - Da Nang University when they practice pedagogy in high schools today. According to the research results, the student's difficulty performance is assessed with an average score, but there is a difference in the corresponding 5 levels of choice. The assessment of the difficulties of pedagogic practice of students from two pedagogical universities is different and the difference is statistically significant.
Classroom management capacity of students preparing to graduate from pedagogical universities - A self-assessment study of students
Authors: Nguyen Thi Hang
Published: October 2021

This study was designed according to a cross-sectional study model, conducted on 418 3rd and 4th year students, randomly selected from the following schools: Hanoi National University of Education, University Pedagogy - University of Danang, Ho Chi Minh City University of Education, aims to assess students' classroom management capacity, focusing on 4 major aspects: Class coverage and time management; Organizing and managing learning activities; Behavior management; and classroom management with positive discipline. Self-assessment results show that students are confident and successful in time management and student learning activities in a number of indicators. In addition, there are limitations in the following areas: Coverage of classes; Prevent, detect and promptly handle student behavior problems during school hours; classroom management by positive discipline... This is an important practical basis, contributing to providing more arguments for renovating pedagogical training content to meet practical requirements.
Building some practice contents organizing Mathematic experience activities for students of elementary education sector at pedagogical school
Authors: Phan Thi Tinh
Published: October 2021

Practical and experiential activities are one of the contents throughout the current general math curriculum in general, and the elementary school math program in particular. Pedagogical schools need to prepare potential primary school teachers to fulfill the requirements of organizing mathematical experiential activities in the training process. In which, it is necessary to identify and develop practical contents of organizing mathematical experiential activities to ensure the theory of experiential activities, to ensure compliance with the requirements of mathematics education in primary schools in order to orient proper training and improvement in students' ability to organize mathematical experiential activities
Teaching the surrounding area of the cylinder following an experiential learning approach
Authors: Tang Minh Dung , Trieu Thi Trang , Nguyen Thi Nga
Published: October 2021

Stemming from the new requirement related to experiential activities in the High School Mathematics Program 2018, we build and organize a teaching situation on the formula calculating the surrounding area of a cylinder, based on David A. Kolb's experiential learning model. Experimental results on 20 students of 9th grade show that students play a central role in constructing and applying the formula for calculating area, based on experiences and learning tasks designed in 4 phases: concrete experience, reflective observation, abstract conceptualization, active experimentation. The research opens up the possibility of applying Kolb's experiential learning theory in teaching abstract mathematical objects. At the same time, it provides an illustrative example to implement teaching activities and teacher training to meet the new program.
Well-being and perspective of second year MBBS students on online pharmacology classes held during COVID-19 pandemic in a tertiary care teaching hospital
Authors: Kamath Latha , S. Nishith R. , Chakraborty Ananya
Published: October 2021

Background: COVID-19 pandemic shifted all the classroom teaching to virtual online platforms. The overnight change in the teaching structure posed serious challenges especially for medical education. This study aims to assess the well-being of medical students undergoing online medical education during COVID-19 pandemic and their perspective on online pharmacology classes.Methods: World health organization (WHO-5) well-being index was used to assess well-being of students. An internally validated questionnaire was used to assess student’s perspective on online pharmacology classes. The questionnaire was administered to eligible consenting students online through Google forms. The data obtained was analysed by SPSS software.Results: The mean wellness score (%) for all participants, (n=118) was 48.87%. The mean wellness score for males (58.67%) was higher than for females (42.41%). The average score for overall benefit of conducting online pharmacology classes was 3.32 out of 5. Objectively assessed online interactions like formative assessment, polls and quiz were rated higher than subjective interactions like debate.Conclusions: COVID-19 pandemic has caused massive disruption in the life of many people. In our study, we report a decreased well-being score in medical students attending virtual classes. The findings on well-being of students have implications on planning redressal mechanism in such extreme situations. Our analysis of student’s perspective about online interactions has implications beyond online classes. Some of the interactions can be instituted into regular curriculum increasing the student’s participation.
Nutrition status and socio-economic inequality among children (0-59 months) across different regions of Uttar Pradesh
Authors: Mishra Prem Shankar , Chaurasia Himanshu
Published: October 2021

Background: The paper aims to explore the magnitude of the nutritional status and socio-economic inequality among children in various regions of Uttar Pradesh in rural-urban areas.

Methods: Fourth round of the National Family Health Survey (2015-16) data was used. Multivariate logistic regression and decomposition analysis were employed to understand the socio-economic inequality.

Results: Finding shows that the Bundelkhand region has the highest prevalence of underweight (45.4 per 100) and wasted (29.5 per 100) children while Purvanchal region has the majority of stunted (48.3 per 100) children. The rural area has the highest percentage of underweight (40.9 percent) children followed by stunted (48.4 percent) and wasted (17.9 percent) respectively. About half of the children are underweight (46.3 percent) whose mother has no schooling, with more than 55 percent of the stunted children, and approximately 18 percent of children are wasted. Other findings of the study are: wasted children have shown a very different trend compared to stunted and underweight, which has gone up between NFHS-3 and NFHS-4 rounds, in both rural-urban areas of Bundelkhand region, wasted children remain within a very narrow range, an unexplained trend was observed among wasted children where mothers from poorest quintile are with high BMI as compared to richest quintile, d) mother education appears to have little effect on the wasting levels.

Conclusions: Adequate regional health planning in child health and nutritional development could be a proper approach that reduces geographical differences as well as the socio-economic disparity in child health and malnutrition.
IL1B rs1143634 (+3953) variant associated with severe dengue in Brazilian children
Authors: Useche Yerly M. , Ribeiro-Alves Marcelo , Xavier-Carvalho Caroline , Cardoso Cynthia C. , Kubelka Claire F. , Moraes Milton O. , Bedoya-Berrio Gabriel
Published: October 2021

Several variants involved in the expression of proteins related to immunopathological mechanisms have been associated with dengue, but few specifically related to severe dengue. In addition, children are a group with a high incidence and mortality rate due to dengue. Several immunopathological processes developed specifically in children affected with severe dengue partially explain this risk condition. This case-control retrospective study aimed to examine the association of variants in CD209, NFKBIA, IL12B, and IL1B genes with severe dengue. These genes encode proteins involved in one of the main pathways of the immune response against dengue virus infection. The study population included affected children and householding controls from Brazil. Genotyping was performed with Real-Time TaqMan assays, and the association analysis was performed with conditional logistic regressions. We found the IL1B rs1143634 genotypes carrying the T allele to be associated with susceptibility to severe dengue in children. The lower circulating levels of IL-1β associated with carrying the T allele of the IL1B rs1143634 suggest a role of this cytokine in the impairment of the immune response and plasma leakage, and, consequently, in the development of severe dengue.
Physiotherapy interventions facilitating recovery in COVID-19 patient on immunosuppressive therapy and with multiple comorbidities: a case report
Authors: Rasal Sayali S. , Bhandare Sushama A. , Iyer Saraswati K.
Published: October 2021

The global pandemic of the Coronavirus disease 2019 (COVID-19) has increasingly emerged as a multisystem infection with a wide spectrum of patient presentation, clinical severity and eventual outcomes. Physiotherapy treatment is pivotal to combat the consequences of the viral infection assisting timely functional recovery. Early intervention, routine assessments and tailormade rehabilitation programs aid in the comprehensive management of the patient and reduce further debilitating long COVID sequelae.  This case report describes the course of a COVID-19 patient admitted in a COVID dedicated ICU, on immunosuppressive therapy and with multiple comorbidities, receiving daily physiotherapy treatment from admission to discharge. The change in the functional status was assessed using various outcome measures namely single breath count, breath holding time, Medical Research Council sum score, 30 sec sit to stand, timed up and go and 6 min walk test demonstrating a positive effect of physiotherapy interventions in facilitating recovery in the patient.  
“The Saloons Must Go!”.“Anti-saloon League” and the Methods of Combating drunkenness at the turn of the XIX-XX centuries
Authors: Zakharova Alena M. , Kulikova Olga D.
Published: October 2021

The articles based on a wide range of written and visual sources, and investigate the struggle for sobriety on the examples of the most famous organizations - the «Anti-Saloon League» (ASL) in the United States, XIX -XX centuries. In the United States of America in the XIX century, problem of alcoholism among the male population was relevant. Drunkenness has led to increase social problems. In the XIX century, there were public organizations that advocate for the restriction of consumption or the complete rejection of alcohol. The most influential of them was the «Anti-Saloon League», which aimed to ban the consumption and production of alcohol in the United States. The article considers the activities of the League from the creation in 1893, to the adoption of the «prohibition law» in the United States in 1919-1920. The authors pay special attention to the League’s relations with the church and politicians, showing the role of the ASL in the adoption of prohibition. The article contains information about the leaders and activists of the organization (such as Wayne Wheeler, William Anderson, William Johnson, Ernest Cherrington), and the methods they used in the fight for sobriety. The «Anti-Saloon League» promoted intolerance towards alcohol, alcoholics and alcohol manufacturer. For that purpose, ASL held rallies, published newspapers and magazines, where printed cartoons, songs, tragic stories, and articles about the harmful effects of alcohol. The League actively worked with young people and insisted for the introduction lessons of alcohol temperance in schools and universities. One of ways to fight for sobriety was discredit alcohol manufacturer through insults, provocations, nationalist attacks, etc. Some members of the League organized pogroms of drinking establishments. For acceptance the law on the prohibition of alcohol ASL practiced bribery and pressure to politicians, achieving the adoption of prohibition laws at the state level, and then at the national level. They tried to establish international relations with sobriety fighters from European countries. The result of many years of struggle was the adoption so-called «prohibition» in the United States. The leaders of the «Anti-Saloon League» made a significant contribution to the development of this law.
Localization of vepsians hystorical toponyms in contemporary mapping
Authors: Bashkarev Andrey A.
Published: October 2021

The article is analyzed the aspects of the historical mapping of Vepsians toponyms in the Leningrad and Vologda regions of Russia. The purpose of creating the map was to apply all the existing and most of the previously existing Vepsians toponyms to the topographical basis. In addition to the localization of toponyms, the map was prepared by localizing the names of some hydronyms and hills in the Vepsians language. The map was created during several ethnographic expeditions and communication with local residents in 2010- 2019, as well as the analysis of previously collected toponymic material. The implementation of the project to create a map is outlined in the text. The main problems of localization of Vepsians toponyms are described and approaches to their solution are proposed. The main sources of information for the toponyms mapping are listed. The author assesses the prospects of distribution and use of toponymic maps in scientific research.
Some problems of analysis of types and forms of complicity in international criminal law
Authors: Goncharova Yuliya O.
Published: October 2021

Some problems of analysis of types and forms of complicity in international criminal law
Communicative tools for organizing a dialogue in network book sand bloginge
Authors: Antonova Liubov G. , Ryzhenkova Ksenia A.
Published: October 2021

The article deals withthe communicative tools for organizing dialoguerelations in network book blogging, which is presented as an active intellectual news platform, a video hosting site that is interesting forits capabilities of educational content and technologies for promoting new products of cinema, theater and book products in the space of virtual discourse. The authors consider the problems of communicative competence of the blogger and the basics of effective communication in the context of blog discourse, present the basic requirements for organizing the news content of the recording, the way of self-presentation and the choice of tools for virtual interaction of the blogger-booktuber with subscribers. When describing the real tools of the virtual dialogue of the blogger-booktuber, the authors refer to the blog discourse of Nikolai Zharinov on the youtubchannele Artifix. On specific examples of video recording, the ways of self-presentation of the blogger, the strategy of his interaction with the target audience, his choice of style and language elements of influence are analyzed. Particular attention is paid to the methods of selection and theme of intellectual content for the programs of this author, the creative features of the individual author's commenting on information. The authors prove that online blogging is a unique communicative environment that allows the blogger to be a creative, self-sufficient competent person, successfully combine the public and intimate in a network dialogue. Each booktuber blogger strives for "effective communication", which is understood as such a dialogue interaction that allows the speaker to achieve the goal and solve a set of communicative tasks: socio-cultural education, successful self-presentation, competent promotion of an intellectual cognitive product-novelties of the book market.