bluuebunny/crossref_metadata_2025 huggingface dataset:
Cross-Modal Cues Improve the Detection of Synchronized Targets during Human Foraging
Authors: Makarov Ivan , Unnthorsson Runar , Kristjánsson Árni , Thornton Ian M.
Published: November 2024

In two experiments, we explored whether cross-modal cues can be used to improve foraging for multiple targets in a novel human foraging paradigm. Foraging arrays consisted of a 6 × 6 grid containing outline circles with a small dot on the circumference. Each dot rotated from a random starting location in steps of 30°, either clockwise or counterclockwise, around the circumference. Targets were defined by a synchronized rate of rotation, which varied from trial-to-trial, and there were two distractor sets, one that rotated faster and one that rotated slower than the target rate. In Experiment 1, we compared baseline performance to a condition in which a nonspatial auditory cue was used to indicate the rate of target rotation. While overall foraging speed remained slow in both conditions, suggesting serial scanning of the display, the auditory cue reduced target detection times by a factor of two. In Experiment 2, we replicated the auditory cue advantage, and also showed that a vibrotactile pulse, delivered to the wrist, could be almost as effective. Interestingly, a visual-cue to rotation rate, in which the frame of the display changed polarity in step with target rotation, did not lead to the same foraging advantage. Our results clearly demonstrate that cross-modal cues to synchrony can be used to improve multitarget foraging, provided that synchrony itself is a defining feature of target identity.
Problemi E Prospettive Della Giustizia Civile in Italia
Authors: Carpi Federico
Published: November 2024

L’analisi della situazione della giustizia in Italia denota un notevole scollamento fra la pregevole elaborazione dottrinale e la pratica di ogni giorno dei Tribunali. Negli ultimi settant’anni, si sono susseguite riforme processuali di maggiore o minore portata, ma i risultati conseguiti non sempre sono stati alle altezze delle aspettative e delle necessità. L’elevato numero degli interventi del legislatore, in particolare, ha portato alla moltiplicazione dei modelli processuali, con una differenziazione di trattamento delle controversie non sempre giustificata o razionale. Le statistiche ufficiali denotano che il problema principale del processo italiano è quello della sua lunghezza mentre il costo individuale del contenzioso è tutto sommato contenuto. Si segnalano, inoltre, il numero notevole di avvocati e la irrazionale distribuzione sul territorio degli uffici giudiziari. Gli investimenti statali nel settore giustizia, inoltre, sono in costante calo. Nel processo italiano, le garanzie processuali fondamentali non sono in discussione, ma vi è difficoltà a dare risposte efficienti a chi chiede giustizia, tanto più in un momento di crisi economica come quello attuale. In particolare, il sistema è caratterizzato, in negativo, da un eccesso di garantismo, da appesantimenti formali e dalla mancanza di flessibilità.
L’Incidence de la Distinction Per Officium / Per Partes Sur la Circulation Internationale des Décisions Provisoires
Authors: Nioche Marie
Published: November 2024

The present article addresses the modalities of the international circulation of provisional decisions, often called “provisional measures”. Can such decisions produce their effects immediately outside of the territory of the forum state or is an acceptance procedure (exequatur) indispensable in the recognizing state? The French doctrine and, more generally, a part of the continental doctrine distinguishes provisional measures in rem from those in personam and holds that only the latter can produce effects outside of the territory of the forum without exequatur proceedings. This distinction must be questioned. Grounded, as it is, in the Anglo-Saxon classification of judgments in rem and judgments in personam, the distinction results, illogically, in consequences contrary to those attached to this most basic distinction. In effect, according to this view, it is the in rem judgments that have immediate effects outside of the territory of the forum and the judgments in personam that necessitate exequatur proceedings in the recognition state. An analysis of the distinction between judgments in rem and judgments in personam yields the insight that all provisional decisions are judgments in personam. However, that does not mean that they all require exequatur proceedings in the recognition state. Some of them – which the author calls the provisional decisions per partes – produce their effects immediately outside of the forum state while others – which the author calls the provisional decisions per officium – cannot have any effect abroad until a court of the recognition state has given them the force of an enforceable judgment.
Internationale Gerichtsstandsvereinbarungen und Positive Internationale Kompetenzkonflikte – Ein Beitrag zum Änderungsentwurf der Brüssel I-Verordnung
Authors: Weitz Karol
Published: November 2024

This article illustrates the relationship of agreements on the choice of jurisdiction and positive international conflicts of jurisdictions in the light of the Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Council Regulation No.44/2001, 22 December 2000) and the draft proposal for its amendment. In its famous Gasser judgment, the European Court of Justice decided that the rules on pending proceedings along with the priority principle override exclusive jurisdiction agreements entered into by the parties. This triggered discussions on the reform of the provisions relating to pending proceedings and the resulting priority rule provided by the Regulation. Revision was intended to strengthen the validity of exclusive jurisdiction agreements. Six different solutions were advanced by the European Commission (EC) in its Green Paper of 2009. As a possible model, Art. 5 and 6 of the Hague Convention on Choice of Court Agreements were considered. In its draft of 14 December 2010, the EC proposed to give the exclusive competency to decide on disputes relating to parties’ the choice of jurisdiction to the court chosen by the parties, irrespective of whether a claim had already been filed before another court than the one originally opted for by the parties. It is to be welcomed that the draft aims at excluding parallel proceedings before two different courts. On the other hand, however, the competency to decide on which court will be competent for the case should only lie with the court selected by party agreement when a positive competency conflict arises between this court and another court, i.e., where proceedings have been initiated before both courts. This would imply the real reversal of the rule on pending proceedings and their priority.
Judicial Cooperation In Europe: Is Exequatur Still Necessary?
Authors: Biavati Paolo
Published: November 2024

The paper deals with the proposal of the European Commission concerning the abolition of the exequatur proceedings in the subject-matter of EU Regulation n. 44/2001. The author thinks that such abolition is a goal which may be really achieved, above all after the entering in force of the treaty of Lisbon. Most of the existing grounds of refusal of the exequatur may be deleted, without any true danger for the fair protection of the rights of European citizens and fi rms. More over, requiring more harmonisation between the national procedural law seems to be, at present, an impossible request. So, it should be accepted the idea to abolish exequatur even in the actual condition of the national laws. Yet, some grounds for the control of the enforcement of the foreign judgments still deserve to be examined by the judge of the Member State of the enforcement, just to grant a residual, basic protection to the defendant. In the author’s opinion, the proposal of the Commission is very remarkable, since it abolishes exequatur and deletes the ground of public policy, but the suggested remedies are not adequate, since they are at the same time useless and too cautious.
Cooperation in the Taking of Evidence: The European Attitude
Authors: Besso Chiara
Published: November 2024

Access to justice – a fundamental right of European citizens – also includes access to evidence. In our globalized world it often happens that litigation starts in one country and evidence is located in another country. Nevertheless, the topic of taking of evidence abroad is highly controversial. In the European area, Regulation 1206/2001 tries to foster cooperation between courts of the Member States. By focusing on the Regulation, this article – through an analysis of decisions of the European Court of Justice and of national courts – examines the regulation’s advantages and disadvantages and underlines its silence on the most crucial question, that is the exclusive or not exclusive character of its procedures.
Analyse Comparative / Comparative Perspectives
Authors: Piché Catherine
Published: November 2024

Proportionality in private law is subject to changing and contextual interpretations. It is enshrined in procedural laws around the world, implicitly or expressly, as a principle or policy. It has become a fundamental principle of civil procedure around the world. Accordingly, it is critical to law reform discussions here and elsewhere. In this article, proportionality is defined in the context of its historical evolution, and of the ways in which it has been applied in different legal traditions. Specifically, its codification provided in the Canadian province of Quebec is discussed, in its innovative Art. 4.2 of the Quebec Code of Civil Procedure. Th e value of proportionality is considered as a fundamental principle of procedural law, and the relevance and viability of certain reform ideas and perspectives are debated. The article concludes by insisting upon a certain evolution and change in culture of the principle, a broader and more generous interpretation of this principle, and an important revamping of the ethics and professional liability codes.
Les Résistances À La Technique Du Forum Non Conveniens
Authors: Gaudemet-Tallon Hélène
Published: November 2024

While the doctrine of forum non conveniens is viewed in common law countries as providing flexibility to the rules of judicial jurisdiction, it suffers from the strong resistance encountered in civil law countries: it is outlawed by European Union law; it is vividly criticized where judicial jurisdiction is controlled by international treaty; and in Community Law it would doubtlessly be preferable to adopt the doctrine of “abuse of rights” rather than the doctrine of forum non conveniens.
Theory and Practice in International Commercial Litigation
Authors: Fentiman Richard
Published: November 2024

International commercial disputes before civil courts generate distinctive issues of principle and policy. The law must respond to the practical dynamics of such disputes, and their commercial character. It must reflect the reality that commercial litigation is a commercial investment, and respect the legitimate interests of litigants, especially in their choice of forum. It must recognize that any commercial dispute is an aspect of the transaction from which it arises, requiring respect for the parties’ commercial expectations. It must especially respond to the concern of litigants in multi-state litigation with matters of venue and enforcement, it must promote the contractual management of such disputes, and it must control abusive forum shopping. The parties’ objective in such disputes is to assess their exposure to financial risk and achieve settlement accordingly, objectives which the law should support.
Recursos ante las Cortes Supremas en el civil law y en el common law: dos vías a la uniformidad
Authors: Bravo-Hurtado Pablo
Published: November 2024

From a comparative perspective, legal actions before the court of final appeal differ from country to country. Nevertheless, every Supreme Court in the world aims at protecting the uniformity of judicial decision criteria. One may therefore ask why procedures in final appeals differ, even though the supreme courts share the same goal. This question will be discussed in the present article in light of the procedural differences between the civil and common law worlds in terms of the goals of and access to the Supreme Court, when it comes to handling final recourse. The article compares two options: cassation in the civil law (uniformity by correcting error in a large number of cases, giving individual solutions) and certiorari in the common law (uniformity by taking a stand only on exemplary cases, giving general guidelines). After presenting both paths to uniformity, the article ends by discussing which one could be best, and the historical reasons for choosing one over another.
Entre « cour » et « suprême » : quel avenir pour les juridictions suprêmes africaines ?
Authors: Djogbenou Joseph
Published: November 2024

After fifty years of existence, the Supreme Courts in Africa are at a crossroads. Once the sole “authorities” or “powers” at the top of an unspoken hierarchy, since the Democratic Spring in the 90s, they have faced competition from new courts, both national and local. In some cases, this competition takes the form of a discreet competition; in others it creates open conflict. Basically, their survival is at stake in a world that has changed: but though their powers have been restricted, the rules broken, and their supremacy challenged, these courts may nevertheless be revitalized. The price? Institutional leadership, the culture of quality and enhanced visibility. Now that they have rivals, they must in turn compete.
El Fuero Especial en Materia de Obligaciones Contractuales en el Reglamento Bruselas I: El Status Quaestionis Interpretativo
Authors: Garcimartín Francisco J.
Published: November 2024

This paper analyses the special forum established by the Brussels I Regulation regarding contractual obligations: Article 5.1. After presenting the special forums comprised in Article 5, the problems related to its proper scope are examined, i.e. the ‘contractual matter’ concept, as well as the problems related to the criteria which determines jurisdiction, i.e. ‘place of performance of the obligation’. Except for some timely reflection, the immediate purpose of this paper is to present the interpretative status quaestionis of this legal provision. The mediate purpose, however, is different: to try to explain a paradox. Commentaries published after Article 5.1 was passed have been very negative and almost all of them have called for a reform. However, this is a provision which has not been modified in the recent revision of Brussels Regulation. And, what is more surprising, despite this doctrinal clamour, not even a single European institution has suggested its modification. This paper looks for some explanations for this paradox.
Die Gerichtsstandsvereinbarung nach der Neuen Eugvvo
Authors: Simotta Daphne-Ariane
Published: November 2024

The recast Brussels I Regulation adopts an expansion of the personal and geographical scope of application of forum selection clauses because it will no longer matter whether one of the parties has its domicile in one of the Member States. Moreover, the recast Regulation provides that the validity of the forum selection clause is to be determined according to the law of the chosen forum. However, the disadvantage of this rule is that the validity of the forum selection clause will again be determined according to different criteria. Moreover, Article 25 of the revised Regulation clarifies that a forum selection clause does not need to share the fate of the contract in which it is to be found. In order to prevent abusive litigation tactics, Article 31(2) of the revised Regulation reverses the lis pendens stay. Not the court later seised, but any court other than the one designated in the forum selection agreement must stay the proceedings until such time as the designated court decides on its jurisdiction. One may wonder whether it is sufficient for this rule to apply that the plaintiff alleges the presence of an exclusive forum selection clause. If so, the defendant in the court first seised could file suit in a state in which proceedings are known to take a long time and allege the presence of an exclusive forum selection clause in favour of the courts of that state, thus torpedoing the suit first filed. One will therefore need to require that the court seised on the basis of a forum selection agreement examine the existence of a such an agreement.
Procedure in a Time of Austerity
Authors: Marcus Richard
Published: November 2024

Western governments seem to have entered an era of austerity, which may have significant impacts on the operations of courts, for they are governmental institutions. At least in the US, there has been much concern that changes in the operation of courts will have a severe impact on litigants in civil cases because of escalating delays and court costs. This article addresses the question whether austerity will have a significant effect on procedure, and concludes that it may have only a limited effect on civil procedure, at least in the US. That is in part because civil litigants in the US have long existed in a ‘pay your own way’ system, and because much that matters most in American civil litigation occurs far from the courthouse. That is also true of the US because it conceives of ‘procedure’ in relatively narrow terms. Nonetheless, even in Europe judicial cutbacks may not directly affect the content of procedure, although the obstacles austerity puts in the way of litigants might prompt people to resort more frequently to self help. In both the US and Europe, however, austerity may be used to justify procedural changes that are mainly motivated by other concerns. So it may be best to hope that austerity does not significantly affect procedure, because the effects could be undesirable.
Bankruptcy Tourism
Authors: Westbrook Jay Lawrence
Published: November 2024

An increasing number of multinational insolvencies has created a need for coordination among national courts. The idea of ‘modified universalism’ has gathered broad support as an approach to that coordination. That approach requires identification of one jurisdiction as the site of the ‘main’ proceeding through which the coordination may be done, but that requirement in turn creates the risk of forum shopping. The problem of claiming main status for a proceeding commenced in an inappropriate forum is addressed by a test: the main proceeding is located in the jurisdiction of the ‘centre of main interests’ of the debtor (COMI). Inevitably, a debate has arisen about the proper application of the COMI test. This paper asserts that the key factor in that debate should be the public interest in insolvency cases. That assertion is part of the larger debate concerning the goals of bankruptcy law, whether to serve the purely private purposes of the parties directly involved or to achieve important public goals as well.
Fact-Finding in Tort Law
Authors: Philippe Denis
Published: November 2024

This article deals with the main features of fact-finding when it comes to tort law. On the grounds of the rules distributing the burden of proof in civil proceedings, the author analyses the investigation measures that are useful for this purpose, mainly from the point of view of French and Belgian legal systems.
De la Médiation au Forum Shopping: La Rationalité Juridique au Service de L’Opportunité Économique dans le Règlement des Litiges Commerciaux Transfrontaliers
Authors: Deharo Gaëlle
Published: November 2024

If one assumes that a relationship can be established between the right to sue and the economic or entrepreneurial purpose of the behaviour of economic actors, the question arises whether the pronouncement of the law, considered as an instrument, and the commercial environment in which it is utilised have an impact on the regulation of the market. In other words, can the use of the law by economic actors have a (de)regulatory effect on commercial relationships? The purpose of the present analysis is to illuminate the behaviour of commercial actors by looking at the effect of procedural choices in the service of economic ends. However, one needs to guard against too much generality. The extent of this field of research in effect imposes the need to limit the scope of this contribution, since a general and economic analysis would mean that one could say nothing useful.
Stabilità Delle Decisioni in Tema di Tort Litigation: Minime Considerazioni Comparate
Authors: Dondi Angelo
Published: November 2024

Res judicata in the area of tort litigation seems at present to be characterised by as much a mixture of basic analogies as of some meaningful differences. What this article aims concisely to verify is therefore the spread of usual approaches alongside prominent peculiarities inside some of the most important procedural models. This comparison records, on the one hand, the state of such a cultural complexity and, on the other hand, also the technicalities linked to some of the solutions adopted, especially concerning the area of tort litigation.
La Fonction des Règles de Procédure en Droit de la Responsabilité Civile
Authors: Raschel Loïs
Published: November 2024

Procedural rules have a well known function: they help assure the enforcement of the law. To this first procedural function, one can add a second, substantive one. In effect, in certain cases, procedural rules borrow the role of the law they help enforce. This borrowing implies the adoption of special rules applicable to each substantive area of law. This is already the case, for instance, in family law. In the law of torts, however, there are very few special rules: why not provide for them more often? The function of reparation of the substantive law may – and must – have an influence on procedural law. It would be desirable to introduce in the Code of Civil Procedure special rules that will pursue the substantive goal of protecting the person claiming reparation. The rules on jurisdiction and on the power of the judge would be at the centre of the reform.
Common and Civil Law Traditions on Victims’ Participation at the ICC
Authors: Palomares Salvador Guerrero
Published: November 2024

This paper explains how the two most influential legal systems in the world (common law and civil law) inspired the drafters of the Rome Statute in the construction of the victim participation model at the International Criminal Court (ICC). To do this, we will analyse the differences between the two legal systems, starting with general issues and continuing with specific matters concerning the different approaches in relation to the criminal procedure and the participation of the victims in it. Finally, we will address the victim participation system in the ICC and how it is a blend of the two legal traditions.
Le Règlement de Procédure de la Cour Commune de Justice et D’Arbitrage de L’Ohada Fait Peau Neuve
Authors: Ndzuenkeu Alexis
Published: November 2024

After fifteen years of implementation, the Rules of Procedure of the Common Court of Justice and Arbitration (CCJA) of OHADA (Organization for the Harmonization of Business Law in Africa) were amended on 30 January 2014. These amendments concerned both the internal organisation of the Court and its composition. The most important innovations improve access to the highest community court and streamline the course of proceedings. As such, the following improvements are of particular interest: abandonment of the obligation to elect domicile in the town where the seat of the Court is located; introduction of the possibility to serve Court processes through internet; adoption of new provisions permitting the Court to sanction the parties’ failure to carry out due diligence; and the conduct of court proceedings in several languages. Although some shortcomings remain, it must be noted that the amended law is an important step in the direction of enhancing legal security within OHADA Member States; it also paves the way for a substantial improvement of the CCJA’s performance.
The Recognition and Enforcement of Foreign Judgements and Arbitral Awards Under the Riyadh Convention (1983)
Authors: Bälz Kilian , Almousa Shahoud
Published: November 2024

The Riyadh Convention (1983) is arguably the most significant international treaty dealing with judicial co-operation among the Arab states. In view thereof, it is surprising how little attention the Convention has obtained so far. This article discusses critically the rules on the recognition and enforcement of foreign judgements and arbitral awards under Articles 25 to 37 of the Convention. The authors argue that – notwithstanding certain shortcomings – the Convention provides a robust framework for the recognition and enforcement of judgements between the contracting states; the contracting states however must find a joint interpretation of the provisions of the Convention in order to enhance its application. This would make it possible to unlock the potential which is inherent in the Convention.
Interactions Between National and Supranational Levels of Jurisdiction
Authors: Cassese Sabino
Published: November 2024

Constitutional courts no longer have the final say, but engage in dialogue with lower and superior courts. They review legislation, but are held in check by other judges. Constitutional courts are neither a bulwark nor an instrument of State sovereignty. They belong to a “choir” of courts, all committed to the same task of protecting citizens’ rights. National legal systems are opening themselves up to supranational law. The latter features courts that often decide differently from national supreme courts. These, in turn, are required to consider the decisions issued by, and engage in dialogue with, courts beyond the State. In addition, supranational law’s infiltration into national legal systems authorises “lower” national judges to pronounce upon the constitutionality of legislation.
La Ciencia Del Derecho Y la Universidad en Una Encrucijada Vital
Authors: de la Oliva Santos Andrés
Published: November 2024

This text contains the written version of the speech delivered by the author on the occasion of his appointment as doctor honoris causa by the Rey Juan Carlos University in Madrid in May 2015. It defends vividly how the essential and fundamental justification of the University is to be the place where we seek and tell the truth and where science is done freely, without conditions or dependencies, out of pure love of truth, scientific discovery and the free dissemination of knowledge gained, undergoing serious and open debate.
Environmental Liability and the Burden of Proof in Chinese Law
Authors: Timoteo Marina , Wang Lebing
Published: November 2024

The 2009 Chinese Tort Liability Law introduced a specific chapter dedicated to the civil liability occurring in cases of environmental pollution. One of the main novelties of this law is represented by Article 66, which provides the fundamental rule on the reverse burden of proof of causation, according to which the polluter shall assume the burden of demonstrating that it should not be liable or its liability might be mitigated in certain circumstances. However, the implementation of this rule has met several difficulties, given the fact that Chinese courts are still reluctant to apply the reverse burden of proof and Chinese judges often require the plaintiff s to produce evidence sufficient to demonstrate causation between the pollution and the harm. The paper, therefore, aims firstly to analyse the provision contained in Article 66, underlining as well the influence of other legal systems (specifically the German and the Japanese ones) in the drafting of this article. Secondly, the paper focuses on the difficulties in the application of the rule set out in Article 66 by examining the most significant Chinese case-law on this matter, and the role played by the Supreme People’s Court that has recently addressed this problem by issuing in 2014 a judicial opinion in order to clarify the correct implementation of this fundamental provision.
The Evidentiary Procedure at the International Criminal Court in a Nutshell and the Role of Victims
Authors: Bachvarova Tatiana
Published: November 2024

This article addresses the evidentiary procedure before the International Criminal Court and focuses on the essential, but rather unexplored issue concerning the respective role of victims. The Court’s ingenuously designed fact-finding mechanism accommodates concurrently the parties’ active and autonomous position in the submission and examination of evidence and the Chamber’s truth-finding authority in the criminal justice process. However, where do victim-participants stand in this equation? The legal framework does not provide a thorough answer, apart from granting victims the conditional possibility to question witnesses, experts and the accused via their legal representative. Still, the article discerns further manifestations of the engagement of victims in the evidence-gathering process. Due consideration is given to the potential impact on the evidentiary material of the procedural phenomenon of duality of victim-witness status. Likewise contemplated is the possibility of victims to enhance the fact-finding process by way of their views and concerns presented in the course of the criminal proceedings. Subsequently, the position of victims in the evidentiary procedure on the merits of the criminal case is juxtaposed with the victims’ party standing and central role in the evidence-gathering process germane to reparations.
Standard-Solution Procedures and Mass Litigation
Authors: Cabral Antonio
Published: November 2024

The article presents a general overview of the existing judicial proceedings to achieve a standard solution for serial or repetitive claims, tackling the major problems faced by legal systems all around the world in search of the balance between efficiency of the judiciary and respect for fundamental rights.
La Clef De Voûte Du Droit Judiciaire Européen : Le Règlement N ° 655/2014 Du 15 Mai 2014 Créant Une Procédure D ’ Ordonnance Européenne De Saisie Conservatoire Des Comptes Bancaires (OESC)
Authors: Jeuland Emmanuel
Published: November 2024

Regulation 655/2014 of 15 May 2014, creates a uniform procedure of attachment for bank accounts within the European Union. It has become part of a European procedural order for transnational matters. An enforcement process is thus placed alongside the litigation process, starting from an ex parte phase to a two-party appeal. The scope of application of the Regulation extends the European judicial area in a substantive and spatial direction. However, there are many references back to internal procedural law, making this extension variable in scope. Moreover, it is uncertain whether the debtor benefits from all of a defendant’s due process rights, notably if a consumer needs to exercise the right to appeal before the judge of the originating jurisdiction. In a good number of cases, it might be more convenient to obtain a judgment in a Member State and then, without exequatur, to proceed to an enforcement measure where the account is located (Article 40 Brussels Ia Regulation). The Account Preservation Regulation could nonetheless prove useful to surprise the debtor who is not yet informed about the litigation that is about to be unleashed against him.
La Présomption Et Le Droit Procédural De L’Union Européenne
Authors: Sladič Jorg
Published: November 2024

The Court of Justice regularly applies the concept presumption owing to the very nature of the legal order of the European Union. The autonomous nature of EU law does not allow us to apply presumptions known in national legal orders. Even though it can be considered as being independent compared to national laws, EU law applies the known distinction between a presumption of law and factual presumptions.
Les Interférences Processuelles de la Loi-Cadre N° 2011/012 du 6 Mai 2011 Portant Protection du Consommateur au Cameroun
Authors: Kaossiri Léon Hounbara
Published: November 2024

The ambition of offering consumers a legal framework to permit them to exercise their substantive rights has led the Cameroonian legislator to adopt a framework law that provides mechanisms amending the classical rules of civil procedure. After reviewing the amendments to regular procedure introduced by this law, the present contribution attempts to make necessary suggestions for bringing the mechanisms provided for by the framework law in line with the principles of civil procedure. Paying attention to the expression of the important idea of the protection of consumers, it would also be necessary to consider the need of ensuring a balance between the interests of the litigating parties and the goal of guaranteeing a good administration of justice.
Justice Transitionnelle et Droit Processuel
Authors: Cadiet Loïc
Published: November 2024

This article examines the role of justice in political transition processes in countries that have had to endure a period of violent conflict, internal or external, where the fundamental rights of individuals have been massively and systematically violated. It proposes to examine transitional justice from a procedural point of view, which is not the most usual approach. The two main lessons of this study are that the diversity of transitional justice experiences has not prevented some guiding principles (right to justice, right to truth, right to reparation, guarantees of non-repetition) to be developed and that transitional justice is ultimately related with ordinary justice, whose aims and goals are exacerbated in the context of transitional situation.
Revision of the punctatus species-group of Dissomphalus Ashmead (Hymenoptera, Bethylidae)
Authors: BRITO CHIRLEI D. DE , AZEVEDO CELSO O.
Published: November 2024

The Neotropical region is known for its high species diversity. Dissomphalus Ashmead exemplifies this phenomenon, being the most speciose genus within Bethylidae, with 34 species-groups and 287 species. Among these groups, punctatus is one of the smallest, comprising only seven species. The objective of this contribution is to conduct a taxonomic study of punctatus species-group in the Neotropical region. Our results are surprising by discovering forty-six species, thirty-nine of which are new to science: D. alexandrinae sp. nov., D. alzirae sp. nov., D. ameliae sp. nov., D. annae sp. nov., D. antonietae sp. nov., D. ashauerae sp. nov., D. beatrizae sp. nov., D. boriae sp. nov., D. carmenae sp. nov., D. carolinae sp. nov., D. dandarae sp. nov., D. deaneae sp. nov., D. elisae sp. nov., D. elzae sp. nov., D. enedinae sp. nov., D. eulaliae sp. nov., D. evaristoae sp. nov., D. grazielae sp. nov., D. guidonae sp. nov., D. jaquelineae sp. nov., D. johannae sp. nov., D. leliae sp. nov., D. limae sp. nov., D. lispectorae sp. nov., D. luisae sp. nov., D. lumae sp. nov., D. lutzae sp. nov., D. margarethae sp. nov., D. martae sp. nov., D. maryae sp. nov., D. meirelesae sp. nov., D. mirandae sp. nov., D. nisiae sp. nov., D. penhae sp. nov., D. ritae sp. nov., D. silveirae sp. nov., D. soniae sp. nov., D. sueliae sp. nov., D. vivianeae sp. nov. which are described and illustrated. The status of Dissomphalus montanus (Kieffer, 1910), stat. resurr. is resurrected from the synonymy of D. punctatus (Kieffer, 1910) seven are previously described: D. acutipupu Colombo & Azevedo, D. bahiensis Redighieri & Azevedo, D. cuca Colombo & Azevedo, D. montanus (Kieffer), D. napo Evans, D. punctatus (Kieffer) and D. tupinikim Colombo & Azevedo. A key to males of all species in this group is provided. Throughout this paper, we demonstrate the diversity found in the genitalia structures of this group and emphasize their importance in the taxonomy of Dissomphalus.
A survey of the Sumatran Ctenidae (Araneae). 4. A new species of Acantheis Thorell, 1891 with unique copulatory organs morphology
Authors: FOMICHEV ALEXANDER A. , OMELKO MIKHAIL M. , MARUSIK YURI M.
Published: November 2024

A new species, Acantheis kazantsevae sp. nov., is described from Sumatra Island (Indonesia) on the basis of both sexes. The male of the new species possesses unusual palp with a twisted tegular apophysis having two arms: a large boomerang-shaped anterior one and a posterior one with a deep cavity. Diagnosis, description and illustrations are provided. Systematic placement of the new species within Acantheis Thorell, 1891 is discussed.
Enhancing the Rainfall Forecasting Accuracy of Ensemble Numerical Prediction Systems via Convolutional Neural Networks
Authors: Lin Kuan-Cheng , Chen Wan-Ting , Chang Pao-Liang , Ye Zhi-Yuan , Tsai Chin-Cheng
Published: November 2024

Ensemble prediction systems are commonly used to demonstrate the potential uncertainty of weather forecasts. These systems also help provide weather predictions to prepare for disasters. Specifically, a type of prediction called a quantitative precipitation forecast (QPF) is calculated from the average of multiple forecasts. The probability-matched mean (PMM) method is used to improve these QPF predictions when they underestimate rainfall. However, the PMM method can exhibit limitations when dealing with certain types of rain patterns. To address this issue, this study focuses on improving short-term heavy rainfall predictions using an artificial intelligence (AI) algorithm that combines deep neural networks (DNNs), including convolutional neural networks (CNNs), with a space-based attention mechanism [convolutional block attention module (CBAM)]. Four experiments were conducted to evaluate the new method, including those performed to optimize the timing of a 24-h QPF model, adjust the training dataset, and refine the training algorithm. Two specific weather events were assessed: rainfall influenced by southwest winds after typhoons and afternoon thunderstorm rainfall. A comparison of the results obtained via the root-mean-square error (RMSE) and structural similarity index measure (SSIM) reveals significant improvements in both accuracy and distribution of the QPF predictions over those of the PMM method. Compared with the PMM method, our approach can reduce the RMSE from 77.51 to 19.52 in the mei-yu case, an improvement of approximately 74.82%. The SSIM also increased from 0.33 to 0.56, indicating a 70.9% enhancement. Overall, the new approach successfully enhances rainfall prediction accuracy via AI techniques and has the potential to be applied in disaster preparedness operations.

Significance Statement

An ensemble prediction system is a tool that is often used to showcase the uncertainty inherent in numerical weather forecasts and to provide critical insights for disaster preparedness. This study attempts to enhance the short-term predictions produced for intense rain events by integrating an AI algorithm, which exploits the advantages of deep neural networks (DNNs), such as convolutional neural networks (CNNs) with a space-based attention mechanism. The methodology underwent rigorous testing, including lead time optimization, training data sensitivity assessment, and algorithm refinement. When applied to weather events, such as rainfall patterns influenced by posttyphoon southwestern winds and afternoon thunderstorms, this approach outperforms traditional methods, as evidenced by verification metrics, such as the RMSE and SSIM. This research introduces an innovative framework that leverages artificial intelligence (AI) and DNNs to achieve enhanced rainfall prediction accuracy, which is a critical advancement for effective disaster readiness.
Unraveling the Relationships between Trend of Dam Inflows, Hydrometeorological Variables, and Vegetation in Western and Southwestern United States
Authors: Cho Eunsaem , Ahmadisharaf Ebrahim , Ahmadisharaf Amin , Nematirad Reza , AghaKouchak Amir
Published: November 2024

This paper explored temporal changes in magnitude and seasonality of low, median, and high inflows of 51 dams across the western and southwestern United States over the 1993–2022 period. Changes in precipitation, air temperature (an indicator of snowpack and evaporation), soil moisture, and vegetation were also examined to identify potential reasons for the temporal trends in dam inflows. Using monotonic and nonmonotonic tests, we found a general downward trend in dam inflows, particularly across the Upper Colorado and California regions. More than 30% of the dams showed a downward trend in their annual median inflows, high inflows during spring, and median inflows during fall. The downward trend of dam inflows was associated with decreasing precipitation and soil moisture and increasing temperatures. While vegetation exhibited positive associations with inflows, it did not seem to be a primary factor for explaining the inflow trends. We also observed shifts in the seasonality of low and high inflows; there was an increase in the proportion of inflows occurring during summer and fall and a decrease in winter proportions for low inflows. Similarly, high inflows exhibited an increase in spring proportions and a decrease in fall proportions. Our changepoint analyses detected nonmonotonic trends between 2002 and 2012 in ∼13% of the dams; the majority were located in the Upper Colorado and California regions. More than half of these changepoints were in 2011, likely due to widespread droughts then. Our study has implications for reservoir managers to identify changes that dams experience over time and assist them in proposing actions that maintain the dams’ functionality.
Racial Inequality in 8th-Grade Math Course-Taking: Between-School Inequality, Local Achievement Queues, and Course Placements
Authors: Carbonaro William , Lee Kenya , Langenkamp Amy G.
Published: November 2024

In the United States, 8th grade is the entry point into a stratified course-taking sequence in mathematics. Black students are substantially less likely than white students to enroll in advanced math courses in 8th grade and beyond. Unfortunately, prior research has failed to produce a consistent explanation for these racial inequalities. In this article, we develop an analytic framework that overcomes numerous limitations in prior studies. Our framework shows how racialized sorting between schools constrains course-taking opportunities and shapes achievement distributions within schools (local achievement queues), both of which affect how course placements are made within a given school. We analyze administrative data for multiple cohorts of 8th-grade students in the state of Indiana. Our findings show that course-taking opportunities in 8th-grade math vary markedly across schools, and Black students are much more likely than white students to attend schools that offer no advanced courses (Algebra or Geometry). By failing to account for this structural inequality, prior research has underestimated racial inequality in course placements. However, our analyses also show that racial segregation across schools improves the position of Black students within their local achievement queues, which increases their chances of enrolling in advanced math courses. Our findings highlight the central importance of schools as key organizational units in explaining racial inequality in course placements.
Neurodevelopmental Process Monitoring of Cytosine Arabinoside-Exposed Neurons Using Raman Spectroscopy
Authors: Hashimoto Kosuke , Sato Hidetoshi
Published: November 2024

Raman spectroscopy is used to monitor the development of live neurons exposed to cytosine arabinoside (ara-C). Ara-C is widely used to culture neurons and exclude non-neuronal cells. In this study, Raman spectra obtained from neurons exposed to ara-C were plotted using an analytical model of neuronal development to evaluate the impact of ara-C on neuronal development. After two days of culturing, neurons were exposed to ara-C for 24 h at final concentrations of 0 (control), 5, and 25 μM. Principal component analysis (PCA) was performed to build an analytical model for evaluating neurodevelopmental disorders caused by ara-C treatment. We projected the Raman spectra obtained from ara-C-treated cells onto the control group dataset. The distribution of PC1 scores for neurons exposed to ara-C at a final concentration of 5 μM was not significantly different from that of the control group. In contrast, under a final concentration of 25 μM, the data population at 10 and 15 days of culturing overlapped significantly with that of neurons at 4 days of normal culturing. These results suggest that Raman spectroscopy can detect very small physiological alterations in the neurons even after a short-term exposure (24 h) of ara-C. Our analytical method has high potential to evaluate the developmental stages for living neurons under exposure to chemicals.
Digital Technologies in Client Relationships: Juxtaposing Organizational and Management Perspectives with Insights from Addiction Counseling Research
Authors: Waeber Magdalena , Fohim Emamdeen , Jacobs Claus D.
Published: November 2024

Digitalization is fundamentally reshaping the professional–client relationship and altering how professional services are organized, delivered, and used. However, understanding successful relationship-building practices in the digital era remains underdeveloped. We aim to address this gap in the following three steps. First, we map how digital technologies affect the professional–client relationship by reviewing the generalist organizational and management literature to identify four key contextual aspects as well as eight critical themes in that regard. Second, we identify critical generic practices to orchestrate professional–client relationships by reviewing leading addiction counseling research (a domain with indicative, sophisticated, and pertinent professional–client relationships). Thirdly, we juxtapose, synthesize, and consolidate the findings of the first two steps in a conceptual model that serves as a map to outline a future research agenda. We demonstrate our reasoning and the usability of the map by outlining four key tensions for future research in that regard.
“Nobody Knew . . . What Was Gonna Happen”: Indigenous Loss and Grief During the COVID-19 Pandemic
Authors: Ka’apu Kristi , O’Connor Catherine E. , Locklear Kya
Published: November 2024

Indigenous peoples have experienced higher rates of loss and death compared to the general population, partly due to historical loss. This qualitative inquiry focused on understanding Indigenous women’s experiences of loss, grief, and death during the COVID-19 pandemic, involving 31 head-of-household Native American women from a southeastern US tribe. Reconstructive analysis of data from a community-based critical ethnography identified the following themes spanning the ecological levels of the FHORT: (a) loss of finances, (b) loss of structure and loss of self, (c) death due to COVID-19, (d) disrupted mourning and burial rituals, and (e) grief and extensive losses. Results indicate that the pandemic not only exacerbated historical loss, but interventions and models for working through grief and loss should not only be culturally tailored and promote healing across all ecological domains and include physical, mental, emotional, and spiritual aspects, but should also address historical trauma, collectivist values, and traditional ways.
Abortion and Contraception Policy in Prisons in Canada
Authors: Paynter Martha J. , Heggie Clare
Published: November 2024

Little is known about abortion and contraception policy in prisons in Canada. The aim of this study was to determine policies governing access to abortion and contraception in prisons in Canada. Between 2022 and 2023, we sent freedom of information requests to each province and territory and to the federal government of Canada, requesting any information with respect to policies governing abortion and contraception in prisons and jails. Our review identified only one outdated policy pertaining to abortion access, and no policies governing hormonal contraception. The lack of proactive policy to assert access to commonly required services threatens reproductive autonomy.