bluuebunny/crossref_metadata_2025 huggingface dataset:
Supplementary Figure S7 from Durvalumab ± Tremelimumab + Platinum-Etoposide in Extensive-Stage Small Cell Lung Cancer (CASPIAN): Outcomes by PD-L1 Expression and Tissue Tumor Mutational Burden
Authors: Paz-Ares Luis , Garassino Marina Chiara , Chen Yuanbin , Reinmuth Niels , Hotta Katsuyuki , Poltoratskiy Artem , Trukhin Dmytro , Hochmair Maximilian J. , Özgüroğlu Mustafa , Ji Jun Ho , Statsenko Galina , Conev Nikolay , Bondarenko Igor , Havel Libor , Losonczy György , Xie Mingchao , Lai Zhongwu , Godin-Heymann Nadia , Mann Helen , Jiang Haiyi , Shrestha Yashaswi , Goldman Jonathan W.
Published: November 2024

Subgroup analysis of confirmed ORR by tTMB for (A) durvalumab plus EP versus EP and (B) durvalumab plus tremelimumab plus EP versus EP. In each panel, the shaded band shows the confidence interval for the ITT population; circle sizes are proportional to the number of responses.
Supplementary Figure S2 from Durvalumab ± Tremelimumab + Platinum-Etoposide in Extensive-Stage Small Cell Lung Cancer (CASPIAN): Outcomes by PD-L1 Expression and Tissue Tumor Mutational Burden
Authors: Paz-Ares Luis , Garassino Marina Chiara , Chen Yuanbin , Reinmuth Niels , Hotta Katsuyuki , Poltoratskiy Artem , Trukhin Dmytro , Hochmair Maximilian J. , Özgüroğlu Mustafa , Ji Jun Ho , Statsenko Galina , Conev Nikolay , Bondarenko Igor , Havel Libor , Losonczy György , Xie Mingchao , Lai Zhongwu , Godin-Heymann Nadia , Mann Helen , Jiang Haiyi , Shrestha Yashaswi , Goldman Jonathan W.
Published: November 2024

Kaplan-Meier analysis of OS in the ITT population and the PD-L1 BEP.
Table S2 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

Identification of pancreatic tumors and suspected cause of death for individual mice.
Table S1 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

Expression of pancreatic tumors identified by various methods for the 4 survival study cohorts.
Figure S2 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

In vivo fluorescence-guided surgical imaging systems.
Figure S1 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

Flow chart for the tumor-free survival with TLR2 targeted fluorescence-guided surgery study.
Figure 5 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

Identification of tumor presence in each group of the survival surgery study. For (A–D), shown are representative pre- and postsurgery in vivo FMT images with corresponding H&E and TLR2 IHC staining of each group in the survival surgery study, indicating the presence or absence of orthotopic pancreatic tumors.
Figure 4 from Intraoperative Guidance of Pancreatic Cancer Resection Using a Toll-like Receptor 2–Targeted Fluorescence Molecular Imaging Agent
Authors: Huynh Amanda S. , Cohen Allison S. , Doligalski Michael , Casagni Todd J. , Moberg Valerie E. , Huang Xuan , Morse Jennifer , Abrahams Dominique , Lloyd Mark C. , Centeno Barbara A. , Baldwin Margaret K. , McLaughlin Mark L. , Vagner Josef , Morse David L.
Published: November 2024

Representative images showing the real-time FGS resection of the fluorescently labeled orthotopic pancreatic tumor (green) 24 hours postinjection of TLR2L-800 from the survival surgery study. Images were acquired using the SurgVision MSNI open air imaging platform showing (A) visible light, (B) fluorescence, and (C) the overlay of green fluorescence on the corresponding visible light image. D, The intraoperative detection of the fluorescently labeled orthotopic pancreatic tumor (green) was easily identified from normal pancreas tissue and other organs, such as spleen and gastrointestinal tract. TLR2 immunohistostaining and expression patterns in (E) the SU.86.86 orthotopic pancreatic tumor model in mice compared (F) a human pancreatic tumor tissue sample, in which the stromal component and TLR2 IHC staining are comparable in both samples.
Prevalence, Clinical Characteristics, and Relative Factors of Acquired Punctal Stenosis in Adult Allergic Conjunctivitis Patients
Authors: Liu Sihao , Yu Yubin , Liu Xiuping , Chen Ziyan , Wu Kaili
Published: November 2024

Introduction: The objective of this study was to investigate the prevalence, characteristics, and risk factors of acquired punctal stenosis (APS) in adult patients with allergic conjunctivitis (AC). Methods: This observational case series study included 210 adult AC patients at Zhongshan Ophthalmic Center. The demographic data were collected, and the ocular manifestations were assessed. Morphologies of AC patients’ lacrimal puncta were evaluated and graded using the modified grading system by slit-lamp microscopy. Results: There was 69.0% (145/210) of adult AC participants suffering from APS. Stenotic lacrimal puncta were present in 49.3% (414/840), with grade IIa being the most common (54.6%). Abnormal upper lacrimal puncta were more frequent than lower ones (89.0% vs. 73.1%, p = 0.001). AC patients with APS were significantly older than those without APS (p < 0.001). The percentage of patients with tear meniscus height (TMH) >0.3 mm was 40% in the APS group, compared to 12.5% in the non-APS group (p < 0.001). The age (OR = 1.589, 95% CI: 1.109–2.276, p = 0.012) and TMH (OR = 3.449, 95% CI: 1.224–9.719, p = 0.019) were positively associated with the occurrence of APS. Conclusion: APS, especially the stenosis of upper lacrimal punctum, is frequently observed in the AC patients. Increased age and widened TMH are associated with the prevalence of APS in adult AC patients, suggesting a potential relationship between the long-term and recurrent course of AC and the development of APS.
Multidimensional Assessment of Physical Function for People in Dialysis: The Rehabilitation in Hemodialysis Area Centro Toscana (REACT) Study
Authors: Capitanini Alessandro , Ravaglia Fiammetta , Paci Matteo , Pacini Alessandro , Ferro Giuseppe , Spatoliatore Giuseppe , Lange Sara , Rosati Alberto
Published: November 2024

Background: Physical performance is poorly addressed in dialysis patients, due to several clinical and organizational barriers. In this study we investigated the physical functional status of a cohort of dialysis patients, using a multidimensional assessment. Methods: Four hundred and forty-six individuals from 8 hemodialysis centers (176 females), mean age 67.5 ± 14.1 years, and dialysis vintage 62 ± 72.1 months, were assessed by a multidimensional battery including Short Form Health Survey (SF12), Elderly Falls Screening Test (EFST), Short Physical Performance Battery (SPPB), and Handgrip Strength Test (HST). Individuals were stratified into 3 groups (poor, moderate, and good performers) according to the SPPB score. Functional assessments were performed by staff nurses, with the support of physiotherapists and nephrologists. Results: According to SPPB, 53.4% of dialysis patients showed a severe physical impairment. A significant difference emerged among the 3 SPPB groups for age, HST, EFST, and SF12. The main predictors of the SPPB score group were age (p = 0.0001), EFST (p = 0.028 moderate performers and p = 0.0001 poor performers), dominant HST (p = 0.04 moderate performers), and SF12 physical (p = 0.003 moderate performers and p = 0.0001 poor performers). Each age group showed physical performance comparable to a healthy general population of 10 years older. Conclusions: Our results confirmed the severe impairment of physical function in the end stage kidney disease population. The multidimensional assessment showed that SPPB test is an effective tool to stratify the dialysis population. Moreover, EFST, HST, and SF12 may contribute to the definition of a tailored physical activity program based on patient characteristics.
Bypass of Coronary Artery in Renal Artery Stenosis Patients with Heart Chronic Total Occlusion Might Explain the 5-Year Follow-Up after Percutaneous Coronary Intervention: B-RASHEF Study
Authors: Zheng Bin
Published: November 2024

Introduction: Renal artery stenosis (RAS) is associated with poor outcome in patients with ischemic heart disease. In this study, we investigated the development of coronary collateral in RAS patients and possible association of RAS with a 5-year outcome after chronic total occlusion-percutaneous coronary intervention (CTO PCI). Methods: Consecutive 58 patients with CTO PCI were enrolled prospectively, including 21 RAS patients (15 unilateral RAS and 6 bilateral RAS) and 37 non-RAS patients. RAS was diagnosed by renal duplex. Coronary collaterals were appraised by CC classification and Rentrop classification. Results: Development of left anterior descending artery coronary collateral by Rentrop classification was significantly worse in RAS patients than non-RAS patients. Kaplan-Meier curve of survival was significantly worse in RAS patients than non-RAS patients (p = 0.027). By univariate COX proportional hazard regression analysis, collateral development by CC classification was a significant predictor for 5-year survival. When age, RAS, and collateral development by CC classification were included in multivariate COX proportional hazard regression analysis, only age (hazard ratio: 1.349; 95% confidential interval: 1.058–1.720; p = 0.016) and RAS (hazard ratio: 6.680; 95% confidential interval: 1.322–33.747; p = 0.022) were significant predictors for 5-year survival. Discussion/Conclusion: We concluded that survival in RAS patients after CTO PCI is significantly worse than non-RAS patients, and RAS is a significant predictor for survival after CTO PCI. It seems that injured collateral development might partly explain increased all cause death in RAS patients.
Mulherismo africana: práticas solares para trazer luz a uma teatralidade rebelde possível
Authors: Moraes Viviane , Gaulês Murilo
Published: November 2024

Este texto visa friccionar intersecções possíveis entre o fazer contemporâneo nas artes da cena e as filosofias africanas e afrodiaspóricas, visando compreender possíveis contribuições destas para com a luta antiprisional brasileira. Para tanto são abordadas práticas de reumanização dos seres a partir de perspectivas fundamentadas no Mulherismo Africana.
Ponto de vista – natureza não é recurso
Authors: Torres Junior Alvair Silveira
Published: November 2024

The paper argues the need to review the use of technical words in professional, secondary and university education, whose signs are loaded with historical weight and the instrumental sense of domination and control over Nature and the Human Being. The author uses the case of the word “resource” as a key to understanding how imaginaries are constructed and professional actions of exploitation and degradation are carried out based on expressions “natural resources” and “human resources” used technically and, in the end, proposes its replacement by a new word, whose meaning aligns with the sense of protagonism, agreement, agent or agency, more favorable to the new imaginary in dealing with Nature and Humanity.
Protein Biomarkers of Adverse Clinical Features and Events in Sarcomeric Hypertrophic Cardiomyopathy
Authors: Tahir Usman A. , Kolm Paul , Kwong Raymond Y. , Desai Milind Y. , Dolman Sarahfaye F. , Deng Shuliang , Appelbaum Evan , Desvigne-Nickens Patrice , DiMarco John P. , Tiwari Gaurav , Friedrich Matthias G. , Zelaya-Portillo Julissa H. , Jerosch-Herold Michael , Kim Dong-Yun , Maron Martin S. , Piechnik Stefan K. , Schulz-Menger Jeanette , Watkins Hugh , Weintraub William S. , Neubauer Stefan , Kramer Christopher M. , Jarolim Petr , Gerszten Robert E. , Ho Carolyn Y. ,   on behalf of the HCMR Investigators
Published: November 2024

BACKGROUND:

Hypertrophic cardiomyopathy (HCM) is a heterogeneous condition that can lead to atrial fibrillation, heart failure, and sudden cardiac death in many individuals but mild clinical impact in others. The mechanisms underlying this phenotypic heterogeneity are not well defined. The aim of this study was to use plasma proteomic profiling to help illuminate biomarkers that reflect or inform the heterogeneity observed in HCM.

METHODS:

The Olink antibody–based proteomic platform was used to measure plasma proteins in patients with genotype positive (sarcomeric) HCM participating in the HCM Registry. We assessed associations between plasma protein levels with clinical features, cardiac magnetic resonance imaging metrics, and the development of atrial fibrillation.

RESULTS:

We measured 275 proteins in 701 patients with sarcomeric HCM. There were associations between late gadolinium enhancement with proteins reflecting neurohormonal activation (NT-proBNP [N-terminal pro-B-type natriuretic peptide] and ACE2 [angiotensin-converting enzyme 2]). Metrics of left ventricular remodeling had novel associations with proteins involved in vascular development and homeostasis (vascular endothelial growth factor-D and TM [thrombomodulin]). Assessing clinical features, the European Society of Cardiology sudden cardiac death risk score was inversely associated with SCF (stem cell factor). Incident atrial fibrillation was associated with mediators of inflammation and fibrosis (MMP2 [matrix metalloproteinase 2] and SPON1 [spondin 1]).

CONCLUSIONS:

Proteomic profiling of sarcomeric HCM identified biomarkers associated with adverse imaging and clinical phenotypes. These circulating proteins are part of both established pathways, including neurohormonal activation and fibrosis, and less familiar pathways, including endothelial function and inflammatory proteins less well characterized in HCM. These findings highlight the value of plasma profiling to identify biomarkers of risk and to gain further insights into the pathophysiology of HCM.
No Line Left Behind: Assortative Matching Inside the Firm
Authors: Adhvaryu Achyuta , Bassi Vittorio , Nyshadham Anant , Tamayo Jorge
Published: November 2024

We leverage the high degree of worker mobility across production lines in a large Indian manufacturer to estimate the sorting of workers to managers, using data on daily worker productivity. We find negative assortative matching (NAM): better workers tend to be matched with worse managers. Estimates of the production technology, however, reveal that productivity would increase by up to 4% under positive sorting. Exploiting a survey of managers and data on orders from multinational brands, we document that NAM arises, at least partly, because maintaining valuable relationships with buyers provides strong incentives to avoid delays on any given production line.
Heterogeneity in Damages from a Pandemic
Authors: Finkelstein Amy , Kocks Geoffrey , Polyakova Maria , Udalova Victoria
Published: November 2024

We use nationally-representative linked survey and administrative data to document socioeconomic and demographic disparities in the economic and health effects of the COVID-19 pandemic in the United States during its first two years. Impacts on all-cause mortality and on employment were concentrated in the same racial/ethnic, education, industry, and occupation groups. Black-White and Hispanic-White disparities in mortality impacts narrowed over the two years, but educational disparities persisted. For economic impacts, only Hispanic-White disparities narrowed. Lower-income individuals experienced greater mortality impacts and this gradient steepened in the second year. Our findings, using consistent methods and measures, highlight the pandemic's heterogeneous impacts.
A Fundamental Connection: Exchange Rates and Macroeconomic Expectations
Authors: Stavrakeva Vania , Tang Jenny
Published: November 2024

We disprove the exchange rate macroeconomic disconnect puzzle by showing that macroeconomic news can explain most variation in exchange rates at monthly and quarterly frequencies, accounting for up to 91 percent of the quarterly exchange rate variation during US recessions and 65 percent over all periods. The main driver of the reconnect is exchange rates responding to past news—a result inconsistent with the theory of uncovered interest rate parity under full information rational expectations (UIP-FIRE). We discuss theoretical models that can explain this surprising result, including models featuring currency risk premia, regulatory or institutional frictions, or deviation from FIRE.
Identification of Average Marginal Effects in Fixed Effects Dynamic Discrete Choice Models
Authors: Aguirregabiria Victor , Carro Jesús M.
Published: November 2024

In nonlinear panel data models, fixed-effects methods are often criticized because they cannot identify average marginal effects (AMEs) in short panels. In contrast with that criticism, we prove the point identification of different AMEs, including causal effects of changes in the lagged dependent variable or the last choice's duration, in a panel dynamic logit model for T as small as three. Our proofs are constructive and provide simple closed-form expressions for the AMEs in terms of probabilities of choice histories. We illustrate our results using Monte Carlo experiments and with an empirical application of a dynamic model of consumer brand choice.
Did Monetary Policy Kill the Phillips Curve? Some Simple Arithmetics
Authors: Bergholt Drago , Furlanetto Francesco , Vaccaro-Grange Etienne
Published: November 2024

An apparent disconnect has taken place between inflation and economic activity in the pre-COVID US economy, causing some to believe that the Phillips curve has flattened. We argue that this view may be premature. Using New Keynesian theory and estimated SVAR models, we decompose fluctuations in US macro data into the components driven by demand and supply disturbances, and confront the inflation disconnect with some simple arithmetics. This exercise confirms a relatively stable Phillips curve slope while the demand curve has flattened substantially. Our results are consistent with a shift towards firmer monetary policy commitment to inflation stability.
Identifying the Cumulative Causal Effect of a Non-Binary Treatment from a Binary Instrument
Authors: Vohra Vedant , Goldin Jacob
Published: November 2024

The effect of a treatment may depend on the intensity with which it is administered. We study identification of ordered treatment effects with a binary instrument, focusing on the effect of moving from the treatment's minimum to maximum intensity. With arbitrary heterogeneity across units, standard IV assumptions (Angrist and Imbens, 1995) do not constrain this parameter, even among compliers. We consider a range of additional assumptions and show how they can deliver sharp, informative bounds. We illustrate our approach with two applications, involving the effect of (1) health insurance on emergency department usage, and (2) attendance in an after-school program on student learning.
Alleviating Worker Shortages Through Targeted Subsidies: Evidence from Incentive Payments in Healthcare
Authors: Gandhi Ashvin D. , Olenski Andrew , Ruffini Krista , Shen Karen
Published: November 2024

Worker shortages are common in many industries. This paper examines the effect of government subsidies to address these shortages in the context of a reform that tied Medicaid payments to nursing home staffing levels. We find that the reform substantially increased staffing, especially for facilities serving many Medicaid patients. Facilities responded primarily by hiring workers in lower-wage roles rather than increasing hours of incumbent or high-wage staff. This contrasts with null effects we estimate for a non-incentivized rate increase, suggesting that the incentive structure of government payments—rather than just the level—is key to boosting employment in sectors facing worker shortages.
Political Consequences of Consumer Debt Relief
Authors: Aidt Toke , Asatryan Zareh , Badalyan Lusine
Published: November 2024

Many democracies operate consumer debt relief programs. These are often implemented or adjusted during the election cycle, but their political effects are not well-understood. We investigate if debt relief can influence high-stakes elections. We utilize quasi-experimental variation generated by a very large privately-funded debt relief program enacted in the Republic of Georgia during the presidential election in 2018 that affected every sixth voter. We estimate that the program helped the incumbent candidate win that election, and that its effects persisted. Overall, we show how economic power can translate into political power in a democracy.
Distribution dynamics of waterbirds in Dongting Lake and surrounding lakes
Authors: Zhang Siqi , Song Yucheng , Zhang Pingyang , Zou Yeai , Li Feng , Deng Zhengmiao , Zeng Jing , Wang Shengze , Wu Tao , Liu Xiangkui , Xia Wei , Xie Yonghong
Published: November 2024

Dongting Lake and the lakes surrounding it are spatially relatively independent, yet they form an inseparable integrated system for waterbirds. Understanding the changes in waterbird distribution pattern in Dongting Lake and surrounding lakes is important for waterbird conservation and management. Based on six surveys during the winter period of waterbird and habitat data, we studied the changes in distribution pattern of different functional group of waterbirds between Dongting Lake and surrounding lakes and explored the effect of habitat area in Dongting Lake on waterbird distribution. The results revealed that the habitat areas within Dongting Lake are larger but less stable, whereas those in the surrounding lakes are much smaller but more stable. During regular hydrology periods, waterbirds were mainly distributed in Dongting Lake, whereas most of the diving ducks and vegetation gleaners occurred in surrounding lakes; during extreme dry periods, many waterbirds shifted to surrounding lakes (e.g., dabbling ducks and gulls). The Percentage Similarity Index (PSI) of these groups, which reflects waterbirds’ distribution dynamics, exhibited negative correlations with changes in water area within Dongting Lake. The percentages of these water-dependent groups and water area in Dongting Lake exhibited a positive correlation. Water area in Dongting Lake could reflect the distribution pattern of waterbirds between Dongting Lake and surrounding lakes. Our results emphasize the importance of the overall protection of wetlands in the Dongting Lake region.
Vollstreckung von Zivilentscheidungen aus Europa und Drittstaaten in Deutschland – ein Versuch der Systematisierung
Authors: Rauscher Thomas
Published: November 2024

The article reviews the many legal rules in Germany on the enforcement of judgments in civil matters emanating from the member states of the European Union as well as from other states; it considers the relationship among these various rules and the parallelism of some of them. Insofar, the article is thought as a primer that seeks to bring some order to a system of rules that is no longer easy to survey, not, however, as an attempt to engage in a more detailed analysis of specific provisions. The remarks on the European enforcement order are equally applicable to the enforcement of judgments from all EU member states.

Finally, the author comments on developments regarding important basics of the international, especially the European, law on enforcing judgments, with a special focus on the future of the exequatur decision and the public policy review by the enforcing state.
U.S.-Style Discovery for Non-U.S. Proceedings: Judicial Assistance or Judicial Interference?
Authors: Trocker Nicolò
Published: November 2024

More than forty years ago, Congress amended Title 28, §1782 of the United States Code, in order to make American-style discovery available to proceedings in a foreign country. In its present form, §1782 authorizes a federal district court to provide assistance where the “person” (or entity) from whom discovery is sought (be it a party or non-party to the foreign proceedings) resides or simply happens to be “ found” in the United States; where the request for assistance seeks evidence, whether it be the “testimony or statement” of a person or the production of “a document or other thing”; where the request is made by “a foreign or international tribunal” or by “any interested person”, ( i.e. “any person who possesses a reasonable interest in obtaining the assistance”); and the evidence sought is “ for use in a proceeding [actual or contemplated] in a foreign or international tribunal”.

This article first presents the provision’s genesis and background. The focus then shift s to the constructions given to §1782 by the courts, the arguments forwarded in the decisions and the underlying policy considerations. For a long time neglected, the provision has recently raised persistent interest and found increasing application. The considerable case-law it has spawned, however, bears testimony also to a good deal of litigation and some mixed, if not questionable, results. One facet of major concern is that, by opening-up the possibility of broad American discovery, U.S. courts encourage parties engaged in foreign litigation to bypass the practices and procedures of the foreign court and possibly supplant the discovery laws in foreign jurisdictions with a view to turn the focus of a foreign litigation to the U.S. without the intervention or the involvement of the court having jurisdiction over the main action. §1782’s practical effect of using American law as standard for disputes that are international in scope also raises some serious questions about the possibility and prospects of developing transnational litigation as a distinctive field with its own procedural principles and rules.
Judicial Communication and Co-Operation and the Hague Convention on International Child Abduction
Authors: McEleavy Peter
Published: November 2024

Return proceedings under the 1980 Hague Convention have traditionally been accepted as being summary in nature, for the goal of the instrument is not to determine how care for the child should be apportioned, but to identify as expeditiously as possible the jurisdiction which should make this ruling. Many procedural strategies and innovations have been adopted to help realise this objective, from the concentration of jurisdiction within Contracting States to the exclusion or restriction of oral evidence. However, the actual profile of abduction cases, over two thirds of which are carried out by mothers, most of whom will be exercising a primary care role, creates difficulties for such a streamlined process. In particular there are obvious risks in ordering the return of a child and a potentially vulnerable carer to a future which is uncertain and may be unsupervised. To overcome gaps in knowledge and to remove doubts as to foreign rules and procedures, a practice has begun to develop of judges in different Contracting States engaging in communication, either directly or through Central Authorities. On the one hand this might be regarded as a pragmatic response to the complex challenges the Hague Convention presents in balancing the policy of return with the protection of individual rights, on the other, the absence of regulation or an international legal basis gives rise to concerns that principles of procedural fairness may not always be prioritised. This article evaluates Convention case law in which recourse has been had to forms of judicial communication and co-operation, particularly the issues which have inspired such contact, as well as the safeguards which have been applied. Reference is equally made to the United States experience under the UCCJEA which provides for, and in certain instances mandates, communication between US courts in interstate children cases. The Draft General Principles for Judicial Communications which have been elaborated under the auspices of the Hague Conference are analysed and the article ultimately considers whether and, if so, to what extent, judicial communication is an effective response to the problems exhibited by contemporary child abduction disputes.
Prozessuale Fragen der Arzthaftung
Authors: Spickhoff Andreas
Published: November 2024

This article deals with procedural questions concerning the issue of medical liability. The author introduces the subject by presenting the procedural consequences due to the factual complexity of physician liability processes. After an overview of extrajudicial litigation before mediation agencies and expert commissions the author focuses on the issue of judicial litigation beginning with the place of jurisdiction followed by an examination of the current discussion on the number of subject matters of the proceedings in medical liability processes. The article continues with the onus of presentation concerning the legal facts and the law of proof explaining the independent proceeding for the taking of evidence and the important role of the medical expert, especially the apprehension of bias. The last part attends to the burden of proof and its forms of relief and reversal developed by the jurisprudence and recently regulated by law.
Competencia Judicial Internacional Y Competencia Desleal a la Luz Del Caso Repsol V. YPF
Authors: Caravaca Alfonso-Luis Calvo , González Javier Carrascosa
Published: November 2024

The sale of shares of a partially nationalised company could constitute, in certain circumstances, an unfair competition practice. There are several issues to determine in order to establish whether the courts of certain State have international jurisdiction to adjudicate a dispute over damages in these kinds of cases, among them, the place of injury occurrence, whether it is a simple or a distance unlawful act, and whether the damage is direct or indirect.
Transnationale Menschenrechtsverletzungen im Internationalen Privatund Verfahrensrecht
Authors: Stürner Michael
Published: November 2024

Increasingly victims of alleged human rights violations try to bring civil actions against multinational enterprises. The US Alien Tort Statute provides a unique jurisdictional basis for such claims, triggering so-called human rights litigation since the 1980s. However, the Kiobel judgment of the US Supreme Court of April 2013 could bring this development to a sudden end. The paper analyses the decision and goes on to discuss core issues of the relation between human rights and conflict of laws.
The European Certificate of Succession
Authors: Dutta Anatol
Published: November 2024

The European Certificate of Succession was introduced by the European legislator in the Succession Regulation. It shall allow heirs, certain legatees, executors and administrators to establish their position and their powers in other Member States with uniform effects. The provisions on the Certificate do not only regulate the main elements of the procedure in which the Certificate is issued and, by this, give some initial hints on how the European legislator conceives non-contentious proceedings. The Succession Regulation also decides substantive law issues, in particular the protection of good faith in the legal position certified in the Certificate.
La Corte Suprema Argentina y la Construcción Del Derecho Constitucional a Un Debido Proceso Colectivo
Authors: Verbic Francisco
Published: November 2024

By analysing precedents and regulatory measures taken by the Argentine Supreme Court of Justice during the last ten years, this paper maintains the existence of a constitutional right to collective due process with defining notes which should be taken into account for a future (and urgent) legislation on the subject.
Debt Adjustment Proceedings as a Civil Procedure
Authors: Linna Tuula
Published: November 2024

The purpose of debt adjustment is the rehabilitation of the debtor. This purpose and the basic procedural concepts of debt adjustment differ from an ordinary dispute. The main task of the court as a gatekeeper on the entry to debt adjustment is controlling the reasons behind the insolvency of the debtor. Debt adjustment is defensive insolvency proceedings where the debtor seeks rehabilitation and for that legal protection against offensive insolvency proceedings. Before the debt adjustment is granted, the court adjudication on the acceptability of the reasons of insolvency is usually needed. The reasons for insolvency are systematised in this contribution, on one hand, to active and passive incurred indebtedness reason and, on the other hand, for non-payment reasons. The latter reasons are further systematised as detrimental activity and detrimental passivity of the debtor and social force majeure situations. Debt adjustment procedure is usually opened by application of the debtor and the form of the procedure is iurisdictio voluntaria or another special civil procedure. In debt adjustment, the court does not resolve a dispute between the parties but decide whether the conditions for debt adjustment are met according to the law. The role of the court is dominant and the public interest visible. Despite the differences in comparison with an ordinary civil dispute, the normal procedural guarantees of fair trial apply also to debt adjustment proceedings.
Th e Challenges of Court Mediation from the Brazilian Perspective
Authors: de Pinho Humberto Dalla Bernardina , Paumgarten Michele Pedrosa
Published: November 2024

For some time Brazil has been suffering from the systemic inefficiency of its courts, which has had a significant impact on the guarantee of access to justice for the citizens. Alternative dispute resolution was welcomed in the recent Brazilian civil procedure reform bringing mediation to the courts. Mediation is known for giving disputants the opportunity to discuss and resolve their dispute themselves; beyond that, the role of the mediator is to facilitate the disputants’ negotiations, not to dictate an outcome. Indeed, the Brazilian civil procedure reform captured the mediation process in a procedural justice paradigm which serves some of the courts’ most important goals: delivering justice and conflict resolution in less time than a judicial outcome. Therewith, the judiciary branch expects to recover citizen unbelievers’ respect for the judiciary. This article argues that mediation and procedural justice can co-exist; however this yearning to improve the efficiency of the judicial process should be associated with the perception that the role of mediation should be enhanced by the institution that is sponsoring the process. This article also discusses the fundamental changes in the Civil Procedure Code, approved on 16 March 2015 and in force from 17 March 2016, with regard to mediation, as well as the required adjustments intended to deliver court-connected mediation along procedural justice lines envisaged in the civil mediation bill, recently sanctioned.
The Makeshift Italian Class Action: Some Hints
Authors: Dondi Angelo
Published: November 2024

This article examines the practical failure of the Italian class actions rules. Resulting from a very long-lasting turmoil of discussions among scholars, judiciary and bar, these rules have so far had no impact in the Italian practice of law essentially because of their inherent inefficiency. The point is that they will never be of any use, unless thoroughly transformed and not just patched up according to the reforming process now clumsily underway.
An Investigation into the Nature and Role of Non-Settled ADR
Authors: Ahmed Masood
Published: November 2024

For decades, the orthodox understanding of a successful ADR has been based on the idea that ADR is ‘successful’ when the process produces an immediate settlement and, as a result, the parties and the court are able to realise ADR’s economic and practical benefits. Conversely, an ADR process that does not produce a settlement on the day (or shortly thereafter) is traditionally perceived as having ‘failed’. This paper challenges the orthodox understanding by arguing that it is far too narrow and misleading. It is narrow and misleading because it focuses only on the ‘visible’ or ‘immediate’ economic and practical advantages that are to be gained if the ADR process results in a settlement between parties. Consequently, the orthodox understanding fails to appreciate the ‘hidden’ economic and procedural benefits that may flow from the parties having constructively engaged with the settlement process. Drawing on doctrinal and empirical research, this paper calls for a rejection of the orthodox understanding of what is meant by a successful ADR in favour of a wider and more pragmatic approach. It will argue for the need for this re-orientation of our understanding to enable those who engage with the civil justice system (the parties, their lawyers and the judiciary) to perceive engagement with an ADR process as a success both when it produces a settlement and when it does not but has the potential to provide the parties and the court with potential future benefits. It will assist the parties to focus on the most significant issues which will in turn, help the parties to better understand the dispute and may lead to a future settlement. Further, these narrowed, focused issues can also be taken from the ADR process to the case management process and thus help promote more efficient case management. It will also be argued that this re-orientated understanding will also help to promote a more integrated approach to Lord Justice Briggs’ nuanced approach to dispute resolution, which calls for courts to take a more active role in the encouragement, facilitation and management of dispute resolution in the widest sense, including ADR as part of that process, rather than merely focusing on case preparation for trial.
Analyse Comparative / Comparative Perspectives
Authors: Iacumin Luca
Published: November 2024

The article analyses the objective limits of res judicata in the French, Italian and Belgian legal systems, with references to the German and English systems. The changes in the case-law of these countries are conditioned by the unstable equilibrium between several fundamental principles, such as contradiction, legal certainty, party disposition, procedural economy, fairness, and the relations between civil proceedings and substantive law. The necessity to safeguard the stability of judgments (e.g. claim preclusion and issue preclusion) and to save judicial resources at all costs creates reciprocal influences between the different systems. These influences are essential not only in foreseeing the possible evolutions of these procedural models, but also from the perspective of the European Code of Civil Procedure imagined by the European Parliament, which tasked the Commission with presenting a legislative proposal regarding the shared minimum standards for civil proceedings. According to the Parliament, these standards should constitute the core of the future Code. The abandonment of the Eventualmaxime and the introduction even in France and in Belgium of the principle of orality on the one hand and the application of the preclusion of Zeuner, although in an improper manner, in Italy, Germany and Austria on the other hand may pave the way for the construction of the said European Code starting from an indispensable unitary notion of the “subject matter of the litigation”.
Two-Drug Combination Antiretroviral Therapy for HIV-1: Case Series and Literature Review
Authors: Martley Timothy James , Fanizza Frank , Penn Christopher , Burling Madeline
Published: November 2024

Background: Doravirine (DOR) is a non-nucleoside reverse transcriptase inhibitor (NNRTI) approved for use in combination antiretroviral therapy (cART) for treatment of human immunodeficiency virus (HIV) in treatment-naive patients. Doravirine-based regimens are an option for patients with limited alternatives due to drug-drug interactions, toxicities, or resistance. A paucity of data exists for use of two-drug DOR-based regimens in treatment-experienced individuals. Methods: This is a retrospective case series of two treatment-experienced HIV-1 infected patients switched to two-drug doravirine-based regimens. Baseline HIV-RNA and CD4 cell count were measured at the time of switch to the DOR-based regimen. HIV-RNA and CD4 cell count were measured again more than a month after initiating therapy to determine efficacy of the DOR-based regimens. Results: Patient 1 was transitioned to once daily DOR and darunavir with cobicistat (DRV/c). The baseline HIV-RNA was 370,070 copies/mL and CD4 cell count was 196 cells/mm3. After 2 years of treatment, the viral load was less than 30 copies/mL and the CD4 cell count was 239 cells/mm3. Patient 2 was transitioned to once daily DOR and dolutegravir (DTG). The baseline HIV-RNA was <30 copies/mL and CD4 cell count was 229 cells/mm3. After 11 months of therapy, the patient’s HIV viral load remained <30 copies/mL and the CD4 cell count was stable at 236 cells/mm3. Conclusions: Two-drug cART including DOR appears to be an acceptable option for patients who may be limited to alternative ART regimens due to drug-drug interactions, resistance mutations, or toxicities. Additional evidence from case reports or clinical trials are needed to further evaluate the long-term efficacy and safety of DOR as part of a two-drug cART regimen.
Physical Activity Enforces Well-being or Shame in Children and Adolescents With Asthma: A Meta-ethnography
Authors: Westergren Thomas , Aagaard Hanne , Hall Elisabeth O.C. , Ludvigsen Mette Spliid , Fegran Liv , Robstad Nastasja , Audulv Åsa
Published: November 2024

Asthma symptoms and experiences of dyspnea challenge participation in physical activity (PA). Therefore, in-depth understanding of experiences with PA is essential. In this meta-ethnography, we synthesized published qualitative studies of experiences of children and adolescents with asthma that influenced, or limited, participation in PA. We followed Noblit and Hare’s 7 phases of meta-ethnography. We searched relevant databases by December 18, 2023 for published peer-reviewed studies (Medline (OVID), Embase (OVID), PsycINFO (OVID), CINAHL (EBSCHOhost), SPORTDiscus (EBSCHOhost), SocINDEX (EBSCHOhost), and Social Science Citation Index (WoS)) and theses (ProQuest Nursing & Allied Health Source, ProQuest Healthcare Administration Database, and ProQuest Public Health Database). We conducted study selection and assessment of methodological quality and data extraction using Joanna Briggs Institute’s methodology. Sixteen reciprocally related qualitative studies, representing experiences of 238 children and adolescents aged 4 to 18 years were included. We translated primary study concepts and findings into 3 themes covering relationships with others, emotions, and behaviors related to PA participation: (1) feeling related to and connected with friends and family in PA; (2) acquiring and managing new PA and asthma skills; and (3) enjoying PA and experiencing well-being. We also defined 3 themes covering aspects related to PA limitations: (4) feeling misunderstood and penalized in relation to PA; (5) experiencing nervousness, embarrassment, shame, and sadness during PA; and (6) withdrawing from PA due to asthma, environment, and/or socially imposed attitudes. The themes were synthesized into the following lines of argument: children and adolescents with asthma experience that PA enforces empathic/non-empathic relationships, vulnerability, and awareness; PA enhances resilient participation and well-being, or reinforces resignment to isolation and shame. From the outset of either relatedness or being penalized, youngsters with asthma either manage well and experience well-being, or experience shame and withdrawal.

Registration: PROSPERO No. 164797
Mechanochemical study of a novel Magnesium alloy with trace addition of Gd, Nd, Ce, and La rare-earth and Sr elements
Authors: Moradi Shabnam , Bahmani Ahmad , Malekan Mehdi , Lotfpour Mehrab , Fatehi Mollayousef Mojtaba , Nayebi Behzad , Shin Kwang Seon
Published: November 2024

Mg-Zn-Ca-Mn materials micro-alloyed by Gd, Nd, Ce, and La rare-earth and Sr alkaline elements were developed. Optical and scanning electron microscopy, X-ray diffraction spectroscopy, tensile test, immersion, and electrochemical tests were applied to analyze microstructure, mechanical properties, and corrosion behavior. While the development of the equiaxed grain structures were observed in all the alloys, the Gd-containing alloy showed the smallest grain size and lowest fraction of second phases, which resulted in the highest yield and ultimate tensile strength of 310.0 ± 14.1 and 370.4 ± 41.6 MPa, respectively. Moreover, the corrosion studies also indicated the lowest rates in the Gd, and Nd-containing alloys, with the rates of 3.6 ± 2.5 and 3.9 ± 0.2 mm/y, respectively. The mechanisms of microstructure evolution, strengthening and corrosion behavior were discussed.
Developments on friction surfaced coatings for corrosion, wear-resistant and composite
Authors: Karar Gautam Chandra , Kumar Ratnesh , Chattopadhyaya Somnath
Published: November 2024

Friction surfacing is the most recent technology applied in surface engineering for developing surface materials. It is a solid-state technique employed to coat one material over another material in order to reconstruct the worn-out parts, to enhance protection from ware and corrosion, to develop mechanical features and composite materials.This is an environmentally-safe process in which a consumable rod is deformed plastically and forms a deposit of viscoelastic material over the substrate. The thickness and properties of the layer can be controlled by the rotational speed, axial downwards force, horizontal motion, time and tilt angle. Different materials have been taken in friction surfacing for deposition. The friction surfaced coating is also modified in different way according to requirement. Friction surfacing has been significantly applied to industrial applications. This paper reviews thoroughly the properties and microstructure of friction surfaced coating using different operating parameters and processes, focusing alternative technology on future research.