bluuebunny/crossref_metadata_2025 huggingface dataset:
Nonlinear inversion of subsidence signatures induced by tunnels detected with surface and remote sensing measurements
Authors: Parra Jorge , Parra Jonathan , Necsoiu Marius
Published: July 2019

The state of the art in predicting tunnel-induced subsidence settlements is based on empirical and analytical methods. Empirical methods are useful when the equations are implemented with host medium properties where tunnels have been excavated. Analytical solutions can predict tunneling-induced ground movements, with the predictions accounting for tunnel radius and depth as well as ground-loss parameters in soft soils. The drawback is that these methods require human intervention, as each model must be adjusted manually by the interpreter until the model signature fits the observed data. It would take tremendous effort to evaluate displacement anomalies detected by remote sensing methods using such forward-modeling methods. Therefore, we present a method based on an inversion algorithm that automatically inverts subsidence signatures for tunnel radius, depth, Poisson's ratio, and the gap parameter. It is an advancement over conventional methods because it does not require a first guess, and it can invert several subsidence signatures in a matter of minutes. The algorithm, coupled with remote sensing-based displacement maps, is a cost-effective solution in operational characterization of displacement anomalies. We demonstrate that observed and predicted subsidence signatures are in good agreement with existing tunnel data in uniform clay and that the inversion parameters correspond to those predicted with forward modeling alone.
Centrifuge Testing of Circular and Rectangular Embedded Structures with Base Excitations
Authors: Seylabi Elnaz Esmaeilzadeh , Agapaki Eva , Pitilakis Dimitris , Brandenberg Scott , Stewart Jonathan P. , Taciroglu Ertugrul
Published: July 2019

We present data and metadata from a centrifuge testing program that was designed to investigate the seismic responses of buried circular and rectangular culverts. The specimen configurations were based on Caltrans Standard Plans, and the scope of research was to compare the experimental findings with the design method described in the NCHRP Report 611 as well as to formulate preliminary recommendations for Caltrans practice. A relatively flexible pipe and a stiff box-shaped specimen embedded in dense sand were tested in the centrifuge at the Center for Geotechnical Modeling at University of California, Davis and were subjected to a set of broadband and harmonic input motions. Responses were recorded in the soil and in the embedded structures using a dense array of instruments. Measured quantities included specimen accelerations, bending strains, and hoop strains; soil accelerations, shear-wave velocities, settlements, and lateral displacements; and accelerations of the centrifuge's shaking table. This data paper describes the tests and summarizes the generated data, which are archived at DesignSafe.ci.org (DOI: 10.17603/DS2XW9R) and are accessible through an interactive Jupyter notebook.
Late Health Outcomes After Contemporary Lymphome Malin de Burkitt Therapy for Mature B-Cell Non-Hodgkin Lymphoma: A Report From the Childhood Cancer Survivor Study
Authors: Ehrhardt Matthew J. , Chen Yan , Sandlund John T. , Bluhm Elizabeth C. , Hayashi Robert J. , Becktell Kerri , Leisenring Wendy M. , Metzger Monika L. , Ness Kirsten K. , Krull Kevin R. , Oeffinger Kevin C. , Gibson Todd M. , Cairo Mitchell S. , Gross Thomas G. , Robison Leslie L. , Armstrong Gregory T. , Yasui Yutaka , Hudson Melissa M. , Mulrooney Daniel A.
Published: July 2019

PURPOSE

The widely used, risk-based Lymphome Malin de Burkitt (LMB) chemotherapy regimen has improved survival rates for children with mature B-cell non-Hodgkin lymphoma (NHL); however, associated late effects remain understudied. We assessed late health outcomes after LMB treatment in the Childhood Cancer Survivor Study.

PATIENTS AND METHODS

Multivariable regression models compared chronic health conditions, health status, and socioeconomic and neurocognitive outcomes between survivors of NHL treated with the LMB regimen (n = 126), survivors of NHL treated with non-LMB regimens (n = 444), and siblings (n = 1,029).

RESULTS

LMB survivors were a median age of 10.2 years (range, 2.5 to 20.5 years) at diagnosis and 24.0 years (range, 10.3 to 35.3 years) at evaluation. Compared with siblings, LMB survivors were at increased risk for adverse health outcomes. However, survivors of NHL treated with LMB and non-LMB regimens did not differ with regard to risk of having any chronic health conditions, impaired health status, neurocognitive deficits, or poorer socioeconomic outcomes. Increased risk for the following specific neurologic conditions was observed in LMB survivors compared with non-LMB survivors: epilepsy (relative risk [RR], 15.2; 95% CI, 3.1 to 73.4); balance problems (RR, 8.9; 95% CI, 2.3 to 34.8); tremors (RR, 7.5; 95% CI, 1.9 to 29.9); weakness in legs (RR, 8.1; 95% CI, 2.5 to 26.4); severe headaches (RR, 3.2; 95% CI, 1.6 to 6.3); and prolonged arm, leg, or back pain (RR, 4.0; 95% CI, 2.2 to 7.1). The survivors from the group C LMB risk group (n = 50) were at the highest risk for these conditions; however, except for worse functional status (odds ratio, 2.7; 95% CI, 1.2 to 5.8), they were not at increased risk for other adverse health status or socioeconomic outcomes compared with non-LMB survivors.

CONCLUSION

Survivors treated with LMB and non-LMB regimens are largely comparable in late health outcomes except for excess neurotoxicity among LMB survivors. These data inform treatment efforts seeking to optimize disease control while minimizing toxicity.
Impact of Caffeine Ingestion on the Driving Performance of Anesthesiology Residents After 6 Consecutive Overnight Work Shifts
Authors: Huffmyer Julie L. , Kleiman Amanda M. , Moncrief Matthew , Scalzo David C. , Cox Daniel J. , Nemergut Edward C.
Published: July 2019

BACKGROUND:

Residency training in anesthesiology involves care of hospitalized patients and necessitates overnight work, resulting in altered sleep patterns and sleep deprivation. Caffeine consumption is commonly used to improve alertness when fatigued after overnight work, in preparation for the commute home.

METHODS:

We studied the impact of drinking a caffeinated energy drink (160 mg of caffeine) on driving performance in a high-fidelity, virtual reality driving simulator (Virginia Driving Safety Laboratory using the Driver Guidance System) in anesthesiology resident physicians immediately after 6 consecutive night-float shifts. Twenty-six residents participated and were randomized to either consume a caffeinated or noncaffeinated energy drink 60 minutes before the driving simulation session. After a subsequent week of night-float work, residents performed the same driving session (in a crossover fashion) with the opposite intervention. Psychomotor vigilance task (PVT) testing was used to evaluate reaction time and lapses in attention.

RESULTS:

After 6 consecutive night-float shifts, anesthesiology residents who consumed a caffeinated energy drink had increased variability in driving for throttle, steering, and speed during the first 10 minutes of open-road driving but proceeded to demonstrate improved driving performance with fewer obstacle collisions (epoch 2: 0.65 vs 0.87; epoch 3: 0.47 vs 0.95; P = .03) in the final 30 minutes of driving as compared to driving performance after consumption of a noncaffeinated energy drink. Improved driving performance was most apparent during the last 30 minutes of the simulated drive in the caffeinated condition. Mean reaction time between the caffeine and noncaffeine states differed significantly (278.9 ± 29.1 vs 294.0 ± 36.3 milliseconds; P = .021), while the number of major lapses (0.09 ± 0.43 vs 0.27 ± 0.55; P = .257) and minor lapses (1.05 ± 1.39 vs 2.05 ± 3.06; P = .197) was not significantly different.

CONCLUSIONS:

After consuming a caffeinated energy drink on conclusion of 6 shifts of night-float work, anesthesiology residents had improved control of driving performance variables in a high-fidelity driving simulator, including a significant reduction in collisions as well as slightly faster reaction times.
Comparison of Standard and Enhanced Pulse Oximeter Auditory Displays of Oxygen Saturation: A Laboratory Study With Clinician and Nonclinician Participants
Authors: Paterson Estrella , Sanderson Penelope M. , Brecknell Birgit , Paterson Neil A. B. , Loeb Robert G.
Published: July 2019

BACKGROUND:

When engaged in visually demanding tasks, anesthesiologists depend on the auditory display of the pulse oximeter (PO) to provide information about patients’ oxygen saturation (Spo
2). Current auditory displays are not always effective at providing Spo
2 information. In this laboratory study, clinician and nonclinician participants identified Spo
2 parameters using either a standard auditory display or an auditory display enhanced with additional acoustic properties while performing distractor tasks and in the presence of background noise.

METHODS:

In a counterbalanced crossover design, specialist or trainee anesthesiologists (n = 25) and nonclinician participants (n = 28) identified Spo
2 parameters using standard and enhanced PO auditory displays. Participants performed 2 distractor tasks: (1) arithmetic verification and (2) keyword detection. Simulated background operating room noise played throughout the experiment. Primary outcomes were accuracies to (1) detect transitions to and from an Spo
2 target range and (2) identify Spo
2 range (target, low, or critical). Secondary outcomes included participants’ latency to detect target transitions, accuracy to identify absolute Spo
2 values, accuracy and latency of distractor tasks, and subjective judgments about tasks.

RESULTS:

Participants were more accurate at detecting target transitions using the enhanced display (87%) than the standard display (57%; odds ratio, 7.3 [95% confidence interval {CI}, 4.4–12.3]; P < .001). Participants were also more accurate at identifying Spo
2 range using the enhanced display (86%) than the standard display (76%; odds ratio, 2.7 [95% CI, 1.6–4.6]; P < .001). Secondary outcome analyses indicated that there were no differences in performance between clinicians and nonclinicians for target transition detection accuracy and latency, Spo
2 range identification accuracy, or absolute Spo
2 value identification.

CONCLUSIONS:

The enhanced auditory display supports more accurate detection of target transitions and identification of Spo
2 range for both clinicians and nonclinicians. Despite their previous experience using PO auditory displays, clinicians in this laboratory study were no more accurate in any Spo
2 outcomes than nonclinician participants.
Association Between Participation and Performance in MOCA Minute and Actions Against the Medical Licenses of Anesthesiologists
Authors: Zhou Yan , Sun Huaping , Macario Alex , Keegan Mark T. , Patterson Andrew J. , Minhaj Mohammed M. , Wang Ting , Harman Ann E. , Warner David O.
Published: July 2019

BACKGROUND:

In January 2016, as part of the Maintenance of Certification in Anesthesiology (MOCA) program, the American Board of Anesthesiology launched MOCA Minute, a web-based longitudinal assessment, to supplant the former cognitive examination. We investigated the association between participation and performance in MOCA Minute and disciplinary actions against medical licenses of anesthesiologists.

METHODS:

All anesthesiologists with time-limited certificates (ie, certified in 2000 or after) who were required to register for MOCA Minute in 2016 were followed up through December 31, 2016. The incidence of postcertification prejudicial license actions was compared between those who did and did not register and compared between registrants who did and did not meet the MOCA Minute performance standard.

RESULTS:

The cumulative incidence of license actions was 1.2% (245/20,006) in anesthesiologists required to register for MOCA Minute. Nonregistration was associated with a higher incidence of license actions (hazard ratio, 2.93 [95% confidence interval {CI}, 2.15–4.00]). For the 18,534 (92.6%) who registered, later registration (after June 30, 2016) was associated with a higher incidence of license actions. In 2016, 16,308 (88.0%) anesthesiologists met the MOCA Minute performance standard. Of those not meeting the standard (n = 2226), most (n = 2093, 94.0%) failed because they did not complete the required 120 questions. Not meeting the standard was associated with a higher incidence of license actions (hazard ratio, 1.92 [95% CI, 1.36–2.72]).

CONCLUSIONS:

Both timely participation and meeting performance standard in MOCA Minute are associated with a lower likelihood of being disciplined by a state medical board.
BOSTN Bundle Intervention for Perioperative Screening and Management of Patients With Suspected Obstructive Sleep Apnea: A Hospital Registry Study
Authors: Raub Dana , Santer Peter , Nabel Sarah , Platzbecker Katharina , Munoz-Acuna Ronny , Xu Xinling , Friedrich Sabine , Ramachandran Satya Krishna , Eikermann Matthias , Sundar Eswar
Published: July 2019

BACKGROUND:

We developed and implemented a perioperative guideline for obstructive sleep apnea (OSA), comprising a preoperative screening tool (BOSTN) and clinical management pathways. OSA was suspected with 2 or more of the following: body mass index ≥30 kg/m2, observed apnea, loud snoring, daytime tiredness, and neck circumference ≥16.5 inches in women or ≥ 17.5 inches in men. The primary objective of this study was to assess the association between high BOSTN scores and the requirement of invasive mechanical ventilation after surgery.

METHODS:

In this hospital registry study, 169,662 noncardiac surgical cases performed at Beth Israel Deaconess Medical Center (BIDMC), Boston, MA, between May 2008 and September 2017 were analyzed. We assessed the association between a high BOSTN Score (score ≥2) and the primary outcome of requirement of invasive mechanical ventilation within 7 days after surgery using multivariable logistic regression adjusted for patient-specific factors and case-specific surgical and anesthesiological confounders. Patients with a BOSTN Score ≥2 were assumed to have a high likelihood of suffering from OSA. Key secondary outcome was postoperative desaturation, defined as a peripheral oxygen saturation measurement <90% within 10 minutes of extubation.

RESULTS:

Invasive mechanical ventilation within 7 days of surgery was necessary in 3170 (2.3%) low-risk cases (BOSTN Score <2) and 664 (2.1%) high-risk cases (BOSTN Score ≥2). A score ≥2 was associated with significantly lower odds of requiring postoperative invasive ventilation (adjusted odds ratio [aOR], 0.89; 95% confidence interval [CI], 0.80–0.98; P = .017), but with an increased risk of postextubation desaturation (aOR, 1.34; 99.3% CI, 1.21–1.48; P < .001). Patients with a score ≥2 were hospitalized for an average of 3.71 days after surgery, compared to 4.27 days with a score <2 (adjusted incidence rate ratio [aIRR], 0.87; 99.3% CI, 0.84–0.91; P < .001).

CONCLUSIONS:

Patients at high risk of OSA required postoperative mechanical ventilation less frequently, had higher odds of postoperative desaturation, and were hospitalized for shorter periods of time.
Right to Education under European Convention for the Protection of Human Rights and Fundamental Freedoms 1950
Authors: Pillai Sheeba
Published: July 2019

Right to education is one of the most important human rights and has been widely so acknowledged in several international and regional documents related to human rights. These documents have defined the right in an

elaborate manner placing a lot of emphasis on compulsory elementary education and thereby making it obligatory on the states to provide the same and also guarantee equality of accessibility of education at higher levels. The European Convention on Human Rights 1950 has guaranteed the right to education in Article 2 of Protocol 1.Unlike the International Covenant on the Economic, Social and Cultural Rights 1966 or the other

regional documents, the European Convention on Human Rights 1950 has not defined the right to education in an elaborate manner, in the document. Thus, the burden of making the right to education more resourceful fell

largely upon the shoulders of the enforcement mechanism, they being European Court and European Commission of Human Rights, both constituted by the Convention. This article makes an analysis of the right to education as interpreted by these two authorities.
From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food
Authors: Bhattacharjee Saurabh
Published: July 2019

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.
Restrictive Covenants: The Lack of an Effective Remedy in India
Authors: Deepak Girish
Published: July 2019

Grant of damages in case of restrictive covenants is an important issue plaguing commercial contracts in India. This paper attempts to explore the best possible practices to resolve this issue, through a detailed analysis of various Indian and Foreign case laws. Various sections of the Specific Relief Act 1963, deal with the necessary remedies to protect parties against contractual breaches such as section 38, which allows for Specific Performance and section 42 for Injunctions in the case of Negative Covenants, it curiously excludes the latter from eligibility for damages under section 40 of the Act. This has led to a scenario wherein, while breach of positive covenants (“agreement to do something or perform an obligation”) are remedied through grant of damages; negative (restrictive) covenants (“agreement not to do something”) have no similar remedy, leaving parties only entitled to nominal damages. The argument supporting this discrimination is that damages cannot be quantified in the case of breach of negative covenants, however, developments in the common law jurisprudence have found a unique solution. The landmark decision of the House of Lords in the Wrotham Park case, supported by subsequent decisions has crystallized certain principles to be followed in this regard. It is time India also adopted these changes to adhere to International best practices, given our recent push towards foreign investment.
Constitutionality and Constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal
Authors: Kamath Karan
Published: July 2019

Modern states, with their overwhelmingly encompassing jurisdictions, cannot rely on the traditional judiciary for expeditiousness. Hence, administrative adjudication is on the rise. The National Company Law Tribunal and the National Company Law Appellate Tribunal were introduced into company law, fifteen years ago, in 2002. The new company law legislation of 2013 acclimatized some of the suggestions made by the Supreme Court and the Madras High Court, but not all. Despite being established and functioning for a year now, the tribunals suffer from certain infirmities which should have been rectified after the judiciary had advised so. This article traces the journey of the constitution of the tribunals, examines the constitutionality of the provisions as they stand, and concludes by suggesting certain modifications to the existing legislation.
A Critical Analysis of the Information Technology Act, 2000 vis-à-vis Mitigation of Child Pornography
Authors: Deb Aishwarya , Chowdhury Prithwish Roy
Published: July 2019

This paper investigates the efficacy of the provisions of the Information Technology Act, 2000 dealing with child pornography which has been, more often than not, considered to be a victimless crime. The author argues that the ambiguity in the provisions of the Act has led to arbitrariness in investigations and procedures dealing with the offence of child pornography. This paper, by critically analysing the provisions of the aforementioned legislation vis-à-vis child pornography, attempts to show that the menace can be mitigated by following a victim-centred approach and also by incorporating certain procedural standards, as per the Budapest Convention, 2001. The authors also make an attempt to propose certain changes which are required in the existing legislation, in order to effectively deal with the said crime i
Cinema on Trial: Doctrine of Prior Restraint in Censorship
Authors: Baruah Swagat
Published: July 2019

This paper sets to address the legal question of how the Censor Board can exercise such power and whether it represents the mood and approach of the government towards films and art forms in general, in India. What history tells us is quite contrary to what we're witnessing today. Our Constitution makers, while debating on the topic of freedom of speech and expression invoked libertarian philosophers like Isaiah Berlin and John Stuart Mill, and their philosophy did in fact, find its way into the said provision. The present scenario however, is one where we have departed from these libertarian ideas. What the censor board is doing today is trying to choke the marketplace of ideas at its source, which Gautam Bhatia calls 'prior restraint' in his new book Offend, Shock or Disturb. The paper tries to establish how the law of censorship, whenever rigid, has only suppressed thought and dissent, instead of allowing progressive and rational thinking. This is substantiated by analysing various case laws.
Analysis of Public Policy and Enforcement of Domestic and Foreign Arbitral Awards in India
Authors: Dubey Yash
Published: July 2019

The Public Policy doctrine is an unruly horse in India, when it comes to the enforcement of domestic and foreign awards. The main objective behind choosing this topic was to shed light on how public policy has been used by the losing party, in delaying the enforcement of arbitral award, which hampers the whole objective of arbitration. Though one may argue that the 2015 Amendment Act has settled all the controversies regarding public policy and enforcement of arbitral award, the author is of the opinion that there are still some areas that are left unexplored by the Arbitration Amendment Act. The paper primarily focuses on the changing trend of public policy with respect to arbitration in India.  In addition, the author has compared the doctrine of public policy in India with that of countries such as France, Russia, United Kingdom and U.SA. The most important contribution of this research paper is that it analyses the validity of patent illegality in domestic arbitration.
A Critical Evaluation of the Principle of Constitutional Equity: Ruling in Rajbala v. State of Haryana
Authors: Gulzar Unanza
Published: July 2019

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Aadhaar: Its Implementation and Implications
Authors: Naved Z Zakhar , Kaushal Isha
Published: July 2019

In the light of almost every welfare and non-welfare scheme mandating Aadhaar, it becomes imperative to consider its inevitable implications. The Aadhaar, which was initially conceived for the benefit of BPL families, has been for over a decade forced upon every resident of India. The Supreme Court, in its judgement, while assenting Aadhaar, has adequately addressed the apprehension of the petitioners by striking off or reading down the impugned provisions which invariably set a new legislative agenda for the Parliament. Thus, this Paper attempts to analyse the provisions of Aadhaar, and the legal implications emanating there from. Through this paper, the authors will strenuously aver that though UID was initiated with the objective of streamlining the distribution of basic and fundamental services to the weaker sections, it has now turned into an all pervasive tool which has the potential of arming the Government, private corporate players and hackers with sensitive data.
Subject Matter and Pre-Requisites for Protection of Non-Conventional Trademark
Authors: Vatsa Aishwarya
Published: July 2019

We have been gifted with senses other than our eyes, which the non-conventional trademarks aim to employ and have thus gained popularity. These marks have gradually acquired acceptance and have been included under the ambit of trademarks in various countries of the world. Trademark law aims at facilitating profit and strengthening the identity of a business. Non-conventional marks too, perform the same function. The United States has taken a similar approach and has thus provided protection to various such non-conventional marks. India, on the other hand, is yet to take a similar approach. The present law in India disallows the registration of such marks, proving to be a hindrance in their registration, rather than a facilitator. This paper discusses the concept and definition of non-conventional marks, its subject matter and the prerequisites for its registration. By comparing the different approaches to non-conventional trademarks and the procedure for their registration across different countries, this paper aims at suggesting a model suitable for adoption in India.
Extent of Functional Immunity Granted to State Officials
Authors: Tiwari Ayush
Published: July 2019

Being a part of the international community has greatly altered the relations between different states. This article will focus on the concept of diplomatic immunity, and, specifically, functional immunity provided to state officials in the realm of international law. A thorough insight into the Vienna Convention regarding Diplomatic Immunity has furthered the scope of present research. Furthermore, a line of distinction is drawn between personal and functional Immunity. This paper will also take a look into the assumptions relating to functional immunity within international law and also evaluate its doctrinal approaches. Additionally, the legal ambit of the official Act, the importance for states to recognize functional immunity is also discussed. This article will not only talk about provisions established in law but also the customs which are adopted in relation to the functioning of rationemateriae. The possibility of weighing functional immunity alongside the states’ civil and criminal jurisdiction is also evaluated in the concluding part.
Analysis of the Maternity Benefits Amendment Act, 2017 and its Implications on the Modern Industrial Discourse
Authors: Jadon Manvendra Singh , Bhandari Ankit
Published: July 2019

Maternity Benefits Act, 2017
Judicial Analysis of the Constitutional and Procedural Safeguards against Arbitrary Arrest and Detention
Authors: B Depthi
Published: July 2019

Right to life under Article 21 of the Indian Constitution

has been accorded a paramount status by the judiciary.

Article 21 and 22 of the Constitution envisages detailed

safeguards against arbitrary arrest and detention. The

judiciary, in a series of cases, has examined at length these

safeguards in the larger context of the power of the

executive to apprehend persons who are suspected of

having committed crimes. This paper makes an in depth

analysis of the judicial pronouncements relating to the

power of the executive to arrest. The paper also analyses

the amendments made in the year 2008 to the Criminal

Procedure Code 1973. The concept of compensatory

jurisprudence laid down by the Supreme Court in cases of

arbitrary deprivation of life and liberty under Article 21 of

the Constitution is also assayed.
E-Commerce: Expectations and Shortfalls
Authors: Hazarika Angshuman
Published: July 2019

The concept of E-commerce has existed since the

inception of the internet, but it has acquired significance

in the recent years. India being one of the fastest growing

E-commerce markets in the world has no specific

legislation to protect the interests of the buyers and sellers

of goods and services over the electronic medium. The

situation is further complicated by the fact that a typical

transaction over the internet or phone needs the

involvement of many service providers including a

payment gateway, the main website, the bank or card

verification website, the security certification website and

the final service provider, which includes the shipping

agent who delivers the goods. Separate laws are required

to regulate the functioning of all these intermediaries. The

paper examines the existing provisions available for the

protection of the buyers and sellers who conduct

transactions through the electronic medium. Further, the

customer protection policies of four dominant E-

commerce websites in India being flipkart.com, irctc.co.in,

makemytrip.com and groupon.co.in are evaluated. A few

cases of consumer disputes arising over transactions

conducted over the electronic medium are also discussed.

Lastly, the paper analyses the measures which needs to be

taken to provide protection to buyers and sellers on the

internet.
India’s Tryst with International Criminal Law: Why Delhi Cannot Digest the Roman Pasta?
Authors: Bhagi Arjun
Published: July 2019

The Rome Statute of the International Criminal Court of

1998 (the statute) establishing the International Criminal

Court (ICC) seeks to provide an international criminal

law regime to deal with crimes against humanity. Despite

the path breaking structure of this statute, India has

refrained from being a signatory to it. This paper deals

extensively with India’s unhappiness over a universally

important and well drafted law like the Rome Statute.

This paper debates two major concerns of India with

respect to the statute: abuse of referrals by the Security

Council and the challenge to its sovereignty. It also

features an exhaustive discussion of India’s eagerness to

include terrorism and ‘use of nuclear warfare’ as crimes

under the statute. Based on an extensive legal research,

the author concludes that India must make no further

delay in becoming a member nation of thestatute.
Invisible’ Women Street Vendors: Lacunae in the Street Vendors Act, 2014
Authors: Manas Chaudhari
Published: July 2019

This paper is a legislative note on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (the Act). The purpose of this paper is to critically analyse the Act in the context of women street vendors in India and to highlight its merits and pitfalls. Research conducted in this field has shown that women street vendors face many challenges in the course of their work, which their male counterparts do not encounter. The author believes that the Act turns a blind eye to their unique needs and has given certain recommendations which will uplift the position of women street vendors and help reduce the significant challenges faced by them.
Advance Pricing Agreements in India: A Revolution in Taxation Law
Authors: Avani Verma , Surabhi Singh
Published: July 2019

Double taxation is one of the biggest challenges faced by multinational corporations, especially when the taxable transaction is between associated enterprises. The determination of transfer pricing becomes a bone of contention among the revenue authorities of different countries. One mechanism to counter this problem is to take recourse to „Advance Pricing Agreement‟ (APA). An APA is an arrangement entered into between revenue authority(s) and the taxpayer to determine the transfer pricing in advance. It has a plethora of advantages and procedural benefits over the conventional methods of determination of transfer pricing. APA, which was in existence in many countries for many years, was recently introduced in India. The aim of this paper is primarily to explore the Indian law on APA in the light of the situation prevalent in other countries, and to suggest measures to improve the same. This aim shall be achieved by firstly studying the concepts pertaining to transfer pricing and the problems associated with it, which has led to the emergence of APA. Thereafter, an overview of the Indian APA regime is provided. Further, in order to evaluate the merits and demerits of Indian APA, a comparative study with the law on APA in other countries has been presented, while simultaneously making certain suggestions to make the Indian APA system robust. In the last part of the paper, some suggestions apart from those which were made after analyzing the comparative law have been made. If India improves upon its APA regime by taking a cue from other countries, and by implementing measures such as the creation of safe harbours, better dispute settlement mechanism, easier documentation etc., then the APA will surely bring the much desired revolution in the taxation of multinational corporations.
Case Comment: Alister Anthony Pareira v. State of Maharashtra
Authors: Alby Joseph
Published: July 2019

Earlier, cases of drunken driving resulting in an accident were determined in accordance with sections 337 and 338 of the Indian Penal Code, 1860 (IPC). Relatively lenient, these provisions warrant maximum punishments of imprisonment for 6 months and 2 years respectively. However the Supreme Court in Alister Anthony Pareira v. State of Maharashtra held that in a case where an allegation is raised regarding an accident being caused as a consequence of drunkenness, the investigating agency is bound to register the case under section of 304, IPC. Section 304 part II deals with culpable homicide not amounting to murder, and imposes a punishment of 10 years rigorous imprisonment. As a result, drunken driving has now been made punishable under section 304 part II as well as under sections 337 and 338, which deal with injury caused by negligence. The objective of this study is to provide a critical commentary of the aforementioned judgment.
Representation of Women on the Board of Directors under the Companies Act, 2013
Authors: Vaibhavi Tadwalkar , Soundarya Vedula Lahari
Published: July 2019

In this article, the researcher examines the significant provisions that are incorporated into the Companies Act of 2013 to deal with the conventional underrepresentation of women in the corporate arena. The researcher conducts an in depth study of the proviso to section 149(1) of Companies Act of 2013 which mandates the inclusion of atleast one woman director on the Board of Directors and its relevance in ensuring fair standards of corporate governance in every prescribed class of companies. This paper also demonstrates the need for this provision by analysing the position enjoyed by women under the erstwhile legislation i.e. Companies Act, 1956 and by examining the similar legislations enforced in other jurisdictions. Conclusions have been derived from statistical studies in this regard. The reader is also appraised of the effects of non compliance to this provision and the possibilities of its abuse before concluding that the aforementioned law is a prudent parliamentary intervention to enhance the contribution of women towards the development of the country.
A Theoretical Analysis of the Law on Sedition in India
Authors: Aishwarya Narayanan
Published: July 2019

The law on sedition in India has been employed as a tool of harassment to curb free speech. This has resulted in widespread demands to repeal the provisions regarding sedition as it is seen as an archaic law that was meant to serve the colonial interests. In this paper, the researcher explores the law on sedition under section 124A of the Indian Penal Code, 1860. The researcher seeks to propose an amendment to section 124A, by devising Austin’s Speech Acts Theory, Sorial’s exposition based on Austin’s theory and by accommodating the prevalent judicial interpretation into the existing provision.
Legislative Note: Regulation 5(9) of the Combination Regulations under the Competition Act, 2002
Authors: Krishna Chauhan Deo Singh
Published: July 2019

After the provisions relating to combinations under the Competition Act, 2002 were brought into force accompanied with the coming into force of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, a number of uncertainties cropped up with respect to its applicability. Even after amending the regulations, in February 2012, the affected sectors still grappled with certain ambiguities in the finer details. One such issue deals with partial acquisition of an enterprise under Regulation 5(9) which has been discussed in this paper. It has been argued that no parameters have been laid down as regards the determination of the ‘purpose’ of the transfer of assets in cases where the transaction does not specify an express purpose. There have also been issues with regard to interpretation of these regulations in as much as even a liberal interpretation of these regulations would render the objectives of these regulations unfulfilled. Also, the dissonance between the global and Indian interpretation of these Regulations has inconvenienced the stakeholders. Taking these issues into account, it has been concluded that appropriate guidelines should be laid down to ensure that ‘purpose’ of the transaction can be determined with certainty and unrelated transactions are not treated as forming part of the same transaction. It has also been concluded that following the internationally accepted position in this area of law may actually be a beneficial position to take. The paper subscribes to doctrinal research through the use of primary and secondary sources of information, which have been critically analysed.
Deeming Fiction: The Statutory Intendment of Affixing Corporate Criminal Liability in India
Authors: Mishika Bajpai
Published: July 2019

This article discusses the statutory intendment pursued by the Indian judiciary in order to avoid the standstill issue of corporate criminal liability, by proper mechanism of fastening legal responsibility through the creation of a legal fiction. Far from giving corporations a shield to commit fraud, this concept narrows down the scope of escape by rejecting the plea that no one is to be held criminally liable for an act of another. This article studies the issue of how the judiciary has disallowed the notion that a body corporate cannot commit a criminal offence by reasoning out the scope of deeming fiction. This article also discusses the issue of one principle being compromised for another, arraigning the corporation along with the functionaries of the corporation. The authors argue that the principle of deeming fiction can capture the desirable features of other principles such as identification, attribution and lifting of the corporate veil. Further the authors demonstrate as to how this principle renders all other theories meaningless in the light of a plain statutory intendment, when put to use in its complete sense to have full effect. The application and use of various UK, USA, Canada, and Indian case laws has been adopted in order to understand and compare the above mentioned machinery of fastening culpability to the money making corporations, for the offences committed by them. Lastly, the authors feel that the courts, upon proper application of mind, have considered the issues of participation, responsibility and enforceability in each case, without which it would have been a futile exercise. The article concludes on the note that a blanket application of either principle would prove to be detrimental and statutory intendment would fasten the liability of deemed culpability, and proceeds against the corporation or the director or both, accordingly.
Doctrine of Desuetude –Addressing the Constitutional Minefield
Authors: Yah Tripathi , Rupali Singh
Published: July 2019

Ever since India became independent in 1947, major reforms have taken place with respect to many aspects of our day-to-day life. Despite this, several of the laws so passed have not adequately led to the advancement of our country. In addition, statutes are often complex, and therefore cannot be understood by the common man. Ironically, the laws that are enacted for the betterment of the citizens are structured and compiled in such a manner, so as to lead to circuitous statutes laden with several technical terms, discouraging the same very people of the country from taking any legal recourse. The law commission has come out with many far-reaching reports to repeal numerous irrelevant laws, which have given rise to considerable confusion in the minds of citizens as well as the litigants. However, the government has not been very proactive on this front, taking shelter under Article 372 of our Constitution which provides the basis for the continuation of such redundant laws. Most of these laws no longer serve their original purposes, given the change in context.

This article highlights the problems that are caused by such laws. Further, it gives an insight into the applicability of the doctrine of desuetude and how the judiciary has favoured its applicability to simplify matters relating to the functioning of these laws.
El rol de los jueces en el marco de la ‘lucha contra el delito’ en el Sur Global: un análisis comparativo de los casos de la Provincia de Buenos Aires y Metro Manila
Authors: Ciocchini Pablo
Published: July 2019

En las últimas décadas se ha presenciado globalmente el surgimiento de un populismo penal de la mano del miedo al delito. Este fenómeno ha adquirido características especiales en los países del Sur Global, en dónde la sensación de inseguridad se ha agravado por la ineficacia de las agencias estatales encargadas de lidiar con el delito.  La corrupción y el abuso policial vuelven el populismo penal en el Sur Global aún más peligroso que en los países del Norte Global. En este contexto, el rol de control de legalidad sobre el accionar policial que ejerce en forma indirecta la justicia penal, y en especial de los jueces, es muy importante; sin embargo, la ineficacia de la justicia penal limita su intervención. Aún más, reformas que buscaron mejorar su eficacia han limitado su capacidad de controlar los procedimientos policiales. En este artículo se compara el rol que cumplen los jueces en casos penales en la Provincia de Buenos Aires (Argentina) y Metro Manila (Filipinas). El análisis comparativo demuestra que, en ambos casos, la situación es preocupante. Los jueces han perdido el liderazgo en las políticas de castigo del delito y su rol de contralor de la legalidad de las prácticas policiales está seriamente debilitado.
Páginas preliminares
Authors: Socio-Jurídicos Estudios
Published: July 2019

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Learning in Online Advertising
Authors: Choi W. Jason , Sayedi Amin
Published: July 2019

This paper investigates how incentives to learn ad performance affect the advertisers’ bidding strategies, as well as the publisher’s optimal mechanism.
Hybrid Ambidexterity: How the Environment Shapes Incumbents’ Use of Structural and Contextual Approaches
Authors: Ossenbrink Jan , Hoppmann Joern , Hoffmann Volker H.
Published: July 2019

According to the literature on ambidexterity, organizations can use structural or contextual approaches to simultaneously explore novel opportunities and exploit existing ones. So far, however, we know very little about what induces organizations to focus on structural versus contextual ambidexterity, or how they combine the two approaches to maximize organizational learning. To shed more light on these questions, we investigate how the environment shapes a firm’s use of structural and contextual ambidexterity. Drawing on a comparative, longitudinal case study of the four largest electric utility companies in Germany, we show that firms focused on structural ambidexterity whenever they perceived emerging opportunities in the environment as requiring organizational culture and capabilities fundamentally different from their own. Contextual ambidexterity, on the other hand, became particularly important when opportunities in the environment were both numerous and uncertain, requiring the organization to leverage the distributed attention and expertise of its frontline employees. We show that environments characterized by opportunities that are numerous/uncertain and require novel culture and capabilities lead organizations to invest in initiatives that combine elements of both structural and contextual ambidexterity—an approach we label hybrid ambidexterity. Our theory framework synthesizes and complements existing work that has started to investigate the antecedents of structural versus contextual ambidexterity. We challenge the prevailing understanding of contextual and structural ambidexterity as dichotomous categories and reconceptualize them as two ends of a continuum. In addition, we provide initial evidence that firms’ ambidexterity approaches are influenced by managers’ perceptions of capabilities and opportunities.
O TEOR TESTEMUNHAL EM MIA COUTO - A MÁGOA E A ESPERANÇA DO FIM DA GUERRA CIVIL MOÇAMBICANA
Authors: Calaça Camila De Souza
Published: July 2019

Neste artigo se apresentará uma apreciação teórica e crítica sobre o teor testemunhal da literatura na obra Estórias abensonhadas, de Mia Couto, por meio dos contos “A guerra dos palhaços” e “Chuva: a abensonhada”. Entende-se que, à diferença das obras canônicas do gênero de teor testemunhal, como É isto um homem? (1947), de Primo Levi e Me chamo Rigoberta Menchú e assim nasceu minha consciência (1993), de Rigoberta Menchú e Elizabeth Burgos-Debray, a obra de ficção de Couto não literaliza a catástrofe da guerra, mas a encena pelo realismo fantástico. Márcio Seligmann-Silva, Valéria de Marco, Shoshana Felman são os nomes que, aqui, embasarão a leitura teórica sobre testemunho.
A INFÂNCIA, OS ‘LUGARES DA MEMÓRIA’ E A RECEPÇÃO NAS CRÔNICAS DE MILTON HATOUM
Authors: Da Conceição Figueiredo Ana Carolina
Published: July 2019

Este trabalho tem por objetivo pensar a infância, ‘os lugares da memória’ e a recepção a partir das análises das crônicas “Elegia para todas as avós”, “Espingarda e um livro de papai Noel”, “Prece de um amazonense em São Paulo e Brasília: trauma e reconciliação”, de Milton Hatoum, publicadas na Revista Eletrônica Terra Magazine entre 2006 e 2010, com base no pensamento de Silvia Molloy (2003, p.14), a qual visa compreender “quais são as fabulações a que recorre uma escrita de si em um certo espaço, em um certo tempo e em uma certa linguagem.” Ademais, tomaremos a cidade de Brasília como um lugar da memória recorrente na crônica “Exílio”. Por fim, discutiremos o processo de leitura das crônicas a partir da interação texto e leitor. As nossas considerações sobre a recepção desses textos de Milton Hatoum serão fundamentadas nas abordagens teóricas Iser (1984), Jauss (1994) e Jouve (2002).
RUÍNA IDENTITÁRIA EM A CÉU ABERTO, DE JOÃO GILBERTO NOLL
Authors: Da Silva Lima Ana Carla
Published: July 2019

Considerando a problematização constante acerca da identidade contemporânea, este trabalho tem como objetivo, realizar uma análise-intepretativa com foco na construção identitária do protagonista de A céu aberto (1996), de João Gilberto Noll. Para tanto, utilizamos como subsídio teórico a fortuna crítica já existente sobre o autor e a obra, como Treece (1997), Pinto (2004), Schollhammer, (2009) e Hartmann (2011), bem como estudiosos que teorizaram sobre a fragmentação da identidade contemporânea e suas relações com a sociedade, como Bauman (2005) e Hall (2006).