bluuebunny/crossref_metadata_2025 huggingface dataset:
The Quest for a Vaccine against Coccidioidomycosis, A Neglected Disease of the Americas
Authors: Kirkland Theo N.
Published: December 2016

Coccidioidomycosis (Valley Fever) is a disease caused by inhalation of Coccidioides spp. This neglected tropical disease of the Americas has substantial public health impact despite its geographic restriction to desert areas of the southwestern U.S., Mexico, Central and South America. The incidence of this infection in California and Arizona has been increasing over the past fifteen years. The burden of disease in outside the U.S. remains poorly understood. Several large cities are within the endemic region in the U.S. Coccidioidomycosis accounts for 25,000 hospital admissions per year in California. While most cases of coccidioidomycosis resolve spontaneously, up to 40% are severe enough to require anti-fungal treatment, and a significant number disseminate beyond the lungs. Disseminated infection, especially involving the meninges, is fatal without appropriate treatment. Infection with Coccidioides spp. is protective against a second infection, so vaccination seems biologically plausible. This review of efforts to develop a vaccine against coccidioidomycosis focuses on vaccine approaches and the difficulties in identifying protein antigen/adjuvant combinations that protect in experimental mouse models. Although the quest for a vaccine has not yet resulted in a clinically useful product, scientific efforts of vaccine development pave the way for future success.
Learning Parsimonious Classification Rules from Gene Expression Data Using Bayesian Networks with Local Structure
Authors: Lustgarten Jonathan Lyle , Balasubramanian Jeya Balaji , Visweswaran Shyam , Gopalakrishnan Vanathi
Published: December 2016

The comprehensibility of good predictive models learned from high-dimensional gene expression data is attractive because it can lead to biomarker discovery. Several good classifiers provide comparable predictive performance but differ in their abilities to summarize the observed data. We extend a Bayesian Rule Learning (BRL-GSS) algorithm, previously shown to be a significantly better predictor than other classical approaches in this domain. It searches a space of Bayesian networks using a decision tree representation of its parameters with global constraints, and infers a set of IF-THEN rules. The number of parameters and therefore the number of rules are combinatorial to the number of predictor variables in the model. We relax these global constraints to a more generalizable local structure (BRL-LSS). BRL-LSS entails more parsimonious set of rules because it does not have to generate all combinatorial rules. The search space of local structures is much richer than the space of global structures. We design the BRL-LSS with the same worst-case time-complexity as BRL-GSS while exploring a richer and more complex model space. We measure predictive performance using Area Under the ROC curve (AUC) and Accuracy. We measure model parsimony performance by noting the average number of rules and variables needed to describe the observed data. We evaluate the predictive and parsimony performance of BRL-GSS, BRL-LSS and the state-of-the-art C4.5 decision tree algorithm, across 10-fold cross-validation using ten microarray gene-expression diagnostic datasets. In these experiments, we observe that BRL-LSS is similar to BRL-GSS in terms of predictive performance, while generating a much more parsimonious set of rules to explain the same observed data. BRL-LSS also needs fewer variables than C4.5 to explain the data with similar predictive performance. We also conduct a feasibility study to demonstrate the general applicability of our BRL methods on the newer RNA sequencing gene-expression data.
Economic Driven Patterns of the Urban Environment
Authors: Gusso Anibal , Philipp Conrad , Silva André , Boland John , Lenz Leticia
Published: December 2016

This study investigates the land surface temperature (LST) distribution from thermal infrared data for analyzing the characteristics of surface coverage using the Vegetation-Impervious-Soil (VIS) approach. A set of ten images, obtained from Landsat-5 Thematic Mapper, between 2001 and 2010, were used to study the urban environmental conditions of 47 neighborhoods of Porto Alegre city, Brazil. Porto Alegre has had the smallest population growth rate of all 27 state capitals in the last two decades in Brazil, with an increase of 11.55% in inhabitants from 1,263 million in 1991 to 1,409 million in 2010. We applied the environmental Kuznets curve (EKC) theory in order to test the influence of the economically-related scenario on the spatial nature of social-environmental arrangement of the city at neighborhood scale. Our results suggest that the economically-related scenario exerts a non-negligible influence on the physically driven characteristics of the urban environmental conditions as predicted by EKC theory. The linear inverse correlation R2 between household income (HI) and LST is 0.36 and has shown to be comparable to all other studied variables. Future research may investigate the relation between other economically-related indicators to specific land surface characteristics.
Preconditioning of Spatial and Auditory Cues: Roles of the Hippocampus, Frontal Cortex, and Cue-directed Attention
Authors: Talk Andrew , Grasby Katrina , Rawson Tim , Ebejer Jane
Published: December 2016

Loss of function of the hippocampus or frontal cortex is associated with reduced performance on memory tasks in which subjects are incidentally exposed to cues at specific places in the environment and are subsequently asked to recollect the location at which the cue was experienced. Here, we examined the roles of the rodent hippocampus and frontal cortex in cue-directed attention during encoding of memory for the location of a single incidentally experienced cue. During a spatial sensory preconditioning task, rats explored an elevated platform while an auditory cue was incidentally presented at one corner. The opposite corner acted as an unpaired control location. The rats demonstrated recollection of location by avoiding the paired corner after the auditory cue was in turn paired with shock. Damage to either the dorsal hippocampus or the frontal cortex impaired this memory ability. However, we also found that hippocampal lesions enhanced attention directed towards the cue during the encoding phase while frontal cortical lesions reduced cue-directed attention. These results suggest that the deficit in spatial sensory preconditioning caused by frontal cortical damage may be mediated by inattention to the location of cues during the latent encoding phase, while deficits following hippocampal damage must be related to other mechanisms such as generation of neural plasticity.
Antagonistically Twisted Round Belt Actuator System for Robotic Joints
Authors: Inoue Takahiro ,   Okayama Prefectural University, Miyata Ryuichi , Hirai Shinichi ,   Ritsumeikan University
Published: December 2016

[abstFig src='/00280006/08.jpg' width='300' text='Antagonistically twisted round belt actuator' ] In this study, a novel robotic joint mechanism is developed for enabling a robotic joint to rotate around the axis by twisting a small-diameter round belt. This twist drive actuator mechanism is composed of two small-diameter round belts with opposite configurations located near the joint. The two round belts are twisted by using individual DC motors; thus, the joint is activated because of the contraction forces generated by the twisting process. Experimental results, obtained using the proposed single-link robot, demonstrate that the joint can be controlled with a high position resolution by increasing and decreasing the amount of twisting. Using the experiments, we reveal that the antagonistic twist drive actuator system has a secondary role in speed reduction, which is capable of decreasing the velocity of the joint movement significantly. In addition, we indicate a linear relationship between the twist rotation and the joint angle of the robot. Furthermore, this paper formulates the Young’s modulus of the round belt used in the twist drive actuator. We demonstrate that the Young’s modulus decreases gradually with respect to the increase in the twisting of the round belt. Finally, we demonstrate a successful position control of the robotic joint, and the traditional PI controller is capable of suppressing the oscillatory motion by using a one-sided twin-twisted configuration.
ANALISIS EFISIENSI DISTRIBUSI PADA PENJUALAN PRODUK OLAHAN BUAH DAN SAYURAN DENGAN METODE DATA ENVELOPMENT ANALYSIS (DEA)
Authors: Maulidah Silvana
Published: December 2016

Industrial agro requires efficient marketing distribution making it easier for consumers to get their products and can optimize the benefits to achieve a large market share. The purposes from this research is to identify the distributional channel toward fruit and vegetable processing product sale, to analyze the efficient rate on fruit and vegetable processing product, and to formulate the distributional efficiency rate improvement strategy which is not efficient using Data Envelopment Analysis (DEA) is done by WDEA (Warwick DEA) Software. Limitations in the efficiency measurement in this study is the input and output variables. Input variables include the number of retailers, delivery volume, and distribution costs. Variable output includes the volume of sales, revenue and profits. The result of distributinal efficiency analysis toward fruit and vegetables processing product selling namely: (1) used are zero-rate and one rate distributional channeling. (2) There are 8 distributional channeling which is efficient includes in Malang, Batu, Kediri, Tuban, Magelang, Jombang, Lumajang and Surabaya. Meanwhile 7 distributional channeling area which is not efficient are Blitar, Banyuwangi, Bojonegoro, Trenggalek, Lamongan, Ponorogo, and  Mojokerto. (3) Improvement strategy toward distributional channeling area which is not efficient are explained below: (a) decrease the sending volume according to the efficiency target; (b) increase the selling volume based on the efficiency target in order not to get heaping on product so it can give advantage for industrial agro; and (c) add the total amount of retailer toward distributional area which is not efficient.
Epêntese vocálica em posição medial de palavras em esperanto
Authors: Oliveira Karina Gonçalves de Souza de
Published: December 2016

O objetivo deste experimento é verificar se há epêntese vocálica em encontros consonantais em posição medial da palavra, em situações permitidas na língua portuguesa, mas que supostamente são proibidas em esperanto. Com isso, pretende-se dar um passo a mais no entendimento da estrutura silábica desta língua, que ainda não tem seus postulados teóricos suficientemente estabelecidos, e verificar a possível influência da L1 (português) na realização fonética da L2 (esperanto).
Erros na fala da criança e instâncias subjetivas na sua relação com a língua
Authors: Maldonade Irani Rodrigues
Published: December 2016

Este artigo objetiva refletir sobre alguns erros na aquisição do léxico e da morfologia verbal na fala de uma criança brasileira, durante o processo de aquisição da linguagem. Para interpretá-los, o quadro teórico interacionista é convocado. São enfocados os diálogos em que a criança reformula o seu dizer a partir do efeito de estranhamento (ou surpresa) que o erro em sua fala produz na fala do outro. São analisadas as situações: a) em que ao reformular o seu dizer, a escuta da língua não é sinalizada na fala da criança e b) em que ao reformular o seu dizer, a escuta da língua é sinalizada na fala de M. Argumenta-se que esses fenômenos permitem ilustrar instâncias subjetivas que identificam a posição da criança na sua relação com a língua.
Biochemical Markers of Cardiotoxicity of High-Dose Chemotherapy and Autologous Hematopoietic Stem Cell Transplantation in Patients with Malignant Lymphoproliferative Disorders
Authors: Sarzhevskii Vladislav Olegovich , Kolesnikova D.S. , Mel'nichenko V.Ya.
Published: December 2016

Background. High-dose chemotherapy (HDCT) with autologous hematopoietic stem cells transplantation (auto-HSCT) is an effective therapeutic option for patients with Hodgkin's lymphoma and aggressive non-Hodgkin's lymphomas in those cases, when the standard chemotherapy combined with the radiation therapy proves to be ineffective. The HDCT and auto-HSCT are also basic treatment options for multiple myeloma. However, toxic effects of the transplantation, including cardiotoxicity, may significantly worsen the prognosis of patients who receive this treatment. Aim. To evaluate changes in biochemical markers of cardiotoxicity (troponin and N-terminal prohormone of brain natriuretic peptide (NT-proBNP)) in patients with malignant lymphomas (receiving HDCT and auto-HSCT). Materials & Methods. 157 patients were enrolled in the study. The sensitivity threshold of the troponin T test was 0.1 ng/mL and troponin I 0.001 ng/mL (highly sensitive troponin). Troponin T (conventional troponin) was measured in 56 patients, troponin I was assessed in 101 patients. Serum troponin levels were evaluated before the conditioning, on D0, D+7, and D+12. The level of NT-proBNP was assessed before the conditioning, on D0 and D+12. Results. Increased troponin T level was observed in 2 of 56 patients (3.6 %), increased troponin I level - in 27 of 101 patients (26.7 %) (p < 0.01). Troponin levels were within normal limits in all patients at admission. Troponin T levels increased only on D+7. Troponin I level increased in 4 patients (4 %) on D0, in 17 patients (16.8 %) on D+7 and in 11 patients (10.9 %) on D+12. The median concentration of troponin I was 0.215 ng/mL after HDCT completion, 0.74 ng/mL on D+7 and 0.21 ng/mL on D+12. No cases of myocardial infarction were observed. NT-proBNP levels in most patients were within normal limits at admission (median level 79.2 pg/mL). The situation changed significantly after conditioning: in most patients the level was almost twice as high as the upper normal limit (medial 240.6 pg/mL). Significant differences in levels of NT-proB-NP (p < 0.05) were observed at comparison of data before conditioning and D0, and before conditioning and D+12. Conclusion. The data obtained confirm a significant impact of HDCT and auto-HSCT on the cardiovascular system of patients with malignant lymphomas. Further studies and observation of the patients are needed to clarify the prognostic significance of the findings related to cardiotoxicity (in particular, congestive heart failure).
Práticas gerenciais: análise dos custos e formação de preço no arranjo produtivo local de confecções - PE
Authors: Araujo Juliana Gonçalves , Lagioia Umbelina Cravo Teixeira , Araújo João Gabriel Nascimento , Prazeres Rodrigo Vicente , Soeiro Tiago Moura
Published: December 2016

O objetivo deste estudo é de verificar o nível de utilização das práticas relacionadas à gestão de custos e formação de preço pelos gestores do Arranjo Produtivo Local (APL) de confecções de Pernambuco. A amostra foi composta por 52 empresas, e os resultados apontam uma tendência ainda insatisfatória dos procedimentos de gestão de custos, visto que a minoria utiliza da totalidade das ferramentas e as que adotam o fazem de maneira informal. As associações significativas encontradas entre as variáveis de análise foram relativas a não negociação de preço daqueles respondentes que afirmaram adotar estratégia de diferenciação (maior qualidade), e a utilização de métodos de custeio por aqueles respondentes que não adotam a estratégia de baixo custo. Verificou-se que aqueles que utilizam quaisquer modalidades de custeio tendem a não adotar estratégias de baixo custo, preferindo não abrir mão da qualidade do produto para obter uma diminuição dos custos.
Asset management system for business management of water suppliers
Authors: Kuroda Toshimasa , Satake Toshiaki , Nishihara Hideyuki
Published: December 2016

Many water suppliers in Japan are required to renew aged waterworks facilities systematically in spite of the decline in revenues due to the decrease in the population. Moreover, they are needed to build waterworks facilities with high earthquake resistance. Therefore, it is necessary for water suppliers to manage waterworks effectively and efficiently in order to build sustainable waterworks. In this paper, to support sound business management, a method of water asset management is arranged systematically. And also an actual example with this systematic method in a water supplier is introduced in which reduction of renewal costs by optimization of ability of the waterworks facilities and setting renewal cycle standards is explained. Furthermore, a perspective of renewal costs taking into account the acceleration of earthquake-resistance strengthening plan and equalization of renewal demands is shown.
Removal of nitrate from synthetic aqueous solution and groundwater in a continuous pilot system using chemical activated carbon derived from walnut shell
Authors: Alighardashi Abolghasem , Shahali Shooza
Published: December 2016

Excessive nitrate in the water impose a danger to human health and contribute to eutrophication. The present continuous fixed bed pilot study was carried out using granular activated carbon made from walnut shell for removal of nitrate from aqueous solution and natural groundwater. The carbon was characterized using SEM, FTIR and BET. The BET specific surface area and average pore size before nitrate adsorption were 1434.6 m2g−1 and 2.08 nm, respectively, and after were 633.28 m2g−1 and 2.04 nm, respectively. Optimum removal of nitrate was achieved at a contact time of 2 min, pH of 6.5 and a nitrate concentration of 200 mg/l. The hydraulic loading rate was calculated to be 10 m3/h.m2 and the maximum adsorption capacity using the Langmuir adsorption isotherm model (R2 = 0.99) was 10 mg NO3/g. These experiments were also carried out using groundwater and the removal of nitrate decreased from 68% to 60% because of competition with other cations and anions.
Lições para a Biologia da Conservação no Cerrado a partir dos Padrões de Diversidade Genética Populacional do Anfíbio Physalaemus cuvieri
Authors: Barreto Cristiane Gomes , Braz Vívian Da Silva , França Frederico Gustavo Rodrigues
Published: December 2016

A fragmentação de habitats naturais tem aumentado intensamente nas últimas décadas. Neste trabalho, populações isoladas de Physalaemus cuvieri foram estudadas quanto à sua estrutura genética a partir de marcadores moleculares. Parte das amostras são de populações isoladas naturalmente por floresta tropical há cerca de seis mil anos atrás e outra parte proveniente de fragmentos isolados por uma matriz antrópica, formada há cerca de 40 anos. As populações dos fragmentos antigos e dos recentes não diferiram significativamente com relação às distâncias genéticas e aos componentes intra ou interpopulacional da diversidade genética. As distâncias genéticas são compatíveis com as distâncias espaciais. Entretanto, existe uma subestruturação pouco extensiva entre as populações e, nos fragmentos isolados há mais tempo, a diversidade genética diminui com a área do fragmento. É possível concluir que as pequenas populações de Physalaemus cuvieri podem ter a sua estrutura genética afetada pela fragmentação num espaço de tempo de poucas décadas.
Sustainability: an interdisciplinary field
Authors: Fernandes Valdir , Rauen William Bonino
Published: December 2016

Discute-se aqui a natureza interdisciplinar do campo das ciências da sustentabilidade. Por meio de uma análise histórica crítica da assim chamada racionalização da vida e da ciência, reconhece-se que o modelo de crescimento econômico que prevaleceu nos últimos séculos levou a uma separação nociva de nossos sistemas sociais dos sistemas naturais, que hoje é uma das causas da insustentabilidade. A mesma racionalização teria provocado a fragmentação do conhecimento em disciplinas cada vez mais especializadas, como parte de uma estrutura científica que não pode ser diretamente aplicada para tratar das urgentes questões socioambientais atuais. Argumenta-se que a interdisciplinaridade é a única resposta acadêmica capaz de alcançar a reintegração do conhecimento requerida para lidar com o paradigma da sustentabilidade, à medida que se busca a justa medida entre o que é essencial, desejável e possível, tanto dentro quanto fora da academia.
Simulações e Modelagem Hidrológica de Microbacia Urbana para Previsão de Inundações: o caso do rio das Antas na cidade de Anápolis-GO
Authors: Argolo Eduardo Dourado , Della Giustina Carlos Christian
Published: December 2016

Este estudo se propõe a simular as diferentes vazões do rio das Antas em trechos distintos e de suas respectivas áreas de inundação, em resposta às diferentes intensidades de chuva. A porção estudada da bacia do Rio das Antas está localizada na cidade de Anápolis, no Centro-Oeste goiano. O caso estudado exemplifica uma área urbana com riscos de inundação e alagamento pelas águas pluviais. A cidade encontra-se em franca expansão urbana, o que tem provocado, como consequência, o incremento da impermeabilização da bacia estudada. Essas vazões simuladas foram construídas a partir da interpretação do uso e da ocupação do solo na bacia em foco utilizando modelagem hidrológica por meio do método Racional e da equação de Bernoulli, no modelo de simulação hidráulica do programa computacional HEC-RAS (Hydrologic Enginnering Center’s River Analisys System)...
MIĘDZY MONARCHIĄ STANOWĄ A DEMOKRACJĄ SZLACHECKĄ. ZNACZENIE PRZYWILEJÓW NIESZAWSKICH W PERIODYZACJI DZIEJÓW POLSKI
Authors: Sobotka Roman
Published: December 2016

BETWEEN ESTATE MONARCHY AND DEMOCRACY OF THE GENTRY. THE IMPORTANCE OF THE PRIVILEGES OF NIESZAWA FOR THE PERIODIZATION OF HISTORY OF POLANDSummary In his article the author deals with the issue of periodization of the history of the Polish political system. In particular the author concentrates on one of the privileges issued by the king Casimir IV Jagiellon in 1454 in Nieszawa. According to this privilege the king should not legislate or summon the nobility to war without a local diet assembly (sejmik). In the opinion of some authors who deal with the issue it was the time (the year 1454) when the importance of local diets was raised and the position of the nobility within the structure of the authorities of the Kingdom of Poland was settled. The author emphasises that the privilege concerned only Wielkopolska and analyses the information about militia calling out in the second half of the 15th century. On the basis of the sources gathered, the author makes the conclusion that the article mentioned had not been put in force as it was plenary or provincial diets that made decisions about militia calling or taxes, and not local diets. Therefore, in the author’s opinion the date 1454 does not make any decisive moment for the history of the Polish political system.
O URZĘDZIE PRETORÓW 14 TYTUŁ 1 KSIĘGI DIGESTÓW TEKST − TŁUMACZENIE − KOMENTARZ
Authors: Tarwacka Anna
Published: December 2016

O URZĘDZIE PRETORÓW 14 TYTUŁ 1 KSIĘGI DIGESTÓW TEKST − TŁUMACZENIE − KOMENTARZ
SYTUACJA USTROJOWO-PRAWNA WYODRĘBNIONYCH WOJSKOWYCH SŁUŻB SPECJALNYCH
Authors: Prusak Feliks
Published: December 2016

THE LEGAL AND CONSTITUTIONAL STATUS OF PARTICULAR MILITARY SPECIAL SERVICES Summary The subject of this study is an account of all the special services in the Polish military, a description of their legal and constitutional status and the scope of their powers, and an account of the formula for their activities as prescribed by statutory law. A point of paramount significance which is often ignored is the verification of the existence of a military reconnaissance service in the Polish Armed Forces. Another important point is the confirmation that the military special services do not have the legal capacity to act as a party to criminal proceedings.
ZAGADNIENIE KARY ŚMIERCI W STANACh ZJEDNOCZONYCH AMERYKI
Authors: Kwiatkowski Wojciech
Published: December 2016

THE ISSUE OF CAPITAL PUNISHMENT IN THE UNITED STATES Summary This article describes the issue of capital punishment in the United States, including the history of the death penalty as administered in the USA and the main court rulings on this matter (e.g. the definition of categories of exemption or restrictions on the methods or conditions of execution). The article also describes numerous efforts (mostly on the grounds of court rulings) to improve the quality of legal representation and enhance the fairness of capital trials and appeals for defendants facing the death penalty. The article concludes with statistics which show that states with capital punishment on the statute book do not generally have lower murder or crime rates and that since 1973 138 persons sentenced to death have been acquitted in outcome of the discovery and proof of miscarriage of justice.
ZAKAZ WYROKOWANIA PONAD ŻĄDANIE STRONY (‘NE EAT IUDEX ULTRA PETITA PARTIUM’) – RZYMSKIE TRADYCJE I WSPÓŁCZESNE REGULACJE POLSKIEGO PROCESOWEGO PRAWA CYWILNEGO
Authors: Misztal-Konecka Joanna
Published: December 2016

‘NE EAT IUDEX ULTRA PETITA PARTIUM’: THE PROHIBITION ON JUDGEMENTS OVER AND ABOVE THE CLAIM A PARTY HAS LODGED. ROMAN TRADITIONS AND CONTEMPORARY REGULATIONS IN POLISH CIVIL LAW PROCEEDINGS Summary One of the testimonials to the vast influence of Roman law on contemporary civil law, including proceedings, are the Latin legal maxims which have been used for centuries not only by theorists of the law but also by its practitioners. Following the social and political transformation, one of the maxims very often resorted to in Poland is ne eat iudex ultra petita partium. Its importance is confirmed by the fact that it is among the 86 inscriptions decorating the columns in the building of the Polish Supreme Court. This legal maxim is an excerpt from the Roman jurist Iavolenus (D. 10,3,18), who used this expression to rule out the possibility of one of the beneficiaries in an inheritance case obtaining an easement on the testator’s estate for use on his own property which was not part of the estate devised. Clearly the original formulation applied to a different issue than the sense in which it is used nowadays: as a reference to the limitation on a judge’s powers to the subject of the proceedings he is hearing. In the light of the current formulation of Art. 321 of the Polish Code of Civil Procedure a court cannot or rule over and above the claim, or issue a verdict not relating to the claim. This prohibition means that the court cannot issue a verdict other than (aliud) or over and above (super) what the plaintiff or claimant petitioned for. Neither can it rule on any other grounds than those petitioned for by the plaintiff or claimant. The prohibition on judgements over and above the petition applies both to the object of the petition or claim (petitum) as well as to the grounds thereof (causa petendi).
EUROPEJSKI NAKAZ OCHRONY – ISTOTA I ZNACZENIE
Authors: Bieńkowska Ewa
Published: December 2016

EUROPEAN PROTECTION ORDER – ITS ESSENCE AND IMPORTANCESummary The paper analyses provisions of the Directive of the European Parliament and the Council 2011/99/EU of 13 December 2011 on the European protection order. It concludes that European protection order can be not strong enough to protect victims in the cross-border situations. The main reason of its “illness” is a lack of obligation for member states to have (or introduce) in their penal law systems measures of protection of victims, as a basis for the order, like described in Article 5 of the Directive.
‘DEDUCTIO IN DOMUM MARITI’ A ZAWARCIE ‘IUSTUM MATRIMONIUM’
Authors: Benincasa Zuzanna
Published: December 2016

‘DEDUCTIO IN DOMUM MARITI’ AND THE CONCLUSION OF A ‘IUSTUM MATRIMONIUM’SummaryAccording to the communis opinio the classical Roman law did not have a formal procedure of concluding a marriage, since its conclusion required only the mutual consent of a man and a woman (affectio maritalis, consensus). Nonetheless, the Roman culture developed a number of ritual acts related to the conclusion of a marriage, most of them deeply rooted in the Roman tradition and history and of great symbolic significance. The central moment of a wedding ceremony appears to be the deductio in domum mariti i.e. the ritual bringing of the bride to her husband’s house. The significance of this ritual is reflected in language since the expression uxorem ducere (“to lead a wife”) is the most common Latin expression for “to marry,” also in the legal sense, since according to some jurists when deductio in domum mariti had been accomplished, the couple was considered duly and legally married. The main function of the deductio was thus to give a proof that the marriage had been concluded and to manifest mutual affectio maritalis. Deductio in domum mariti played a special role when a marriage was concluded inter absentes (it seems that only the groom person could be absent and not the bride). In this case the formal deductio ceremony seems to have been an indispensable act constituting the only way in which the mutual affectio maritalis could be expressed. Since the bride’s procession to her new husband’s house was considered the public declaration of the consensus necessary to conclude a legal marriage, if the groom was absent such a ceremony was necessary as a proof that mutual affectio maritalis had been expressed and thus the marriage had been concluded. Nonetheless the necessity of leading the bride to her husband’s home in the case of a matrimonium inter absentes should not be confused with the constitutive character of deductio in domum mariti. Consensus still remained the only constitutive element and deductio in domum mariti was only the formal way in which this consensus had to be expressed in the particular circumstances.
POSTRZEGANIE ZWYCZAJÓW ODNOSZĄCYCH SIĘ DO OBOWIĄZKU ZACHOWANIA POUFNOŚCI W ARBITRAŻU. ANALIZA WYNIKÓW ANKIETY PRZEPROWADZONEJ PRZEZ SĄD ARBITRAŻOWY LEWIATAN WŚRÓD POLSKICH PRAKTYKÓW ARBITRAŻOWYCH
Authors: Gessel-Kalinowska vel Kalisz Beata
Published: December 2016

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.
CHARAKTER PRAWNY ODPOWIEDZIALNOŚCI ZAWODOWEJ W BUDOWNICTWIE
Authors: Majchrzak Bartosz
Published: December 2016

THE LEGAL NATURE OF PROFESSIONAL LIABILITY IN THE CONSTRUCTION INDUSTRYSummary The article concerns the legal nature of professional liability in the construction industry (Articles 95-101 of Ustawa z dnia 7 lipca 1994 r. – Prawo budowlane: the Polish Construction Act of July 7, 1994; Dz.U. 2013, Item. 1409; with later amendments; hereinafter P.b.). This issue requires an analysis of the relevant norms of P.b. in the context of the typical characteristics of administrative and disciplinary liability. It can be concluded that the professional liability of persons performing independent technical duties in the construction industry has a specific character, combining elements of administrative law with the solutions adopted for disciplinary penalties. The function of this liability and its essential procedural regulations, which are subject to the Polish Administrative Procedure Code (Kodeks postępowania administracyjnego) suggest its nature is administrative. However, a number of specific regulations have been drawn from the model applicable in disciplinary liability (including the deciding authority, the initiator of the proceedings, the prosecutor’s function, moderation of penalties, the catalogue of penalties, the institution of limitation of proceedings, entry of records in the register of sentenced persons and its erasure). As a result, we can formulate an objection of incoherent regulation.
‘IUS POSTLIMINII’ JAKO PODSTAWA UZNANIA CIĄGŁOŚCI PRZEDWOJENNYCH I DZISIEJSZYCH PAŃSTW BAŁTYCKICH
Authors: Karski Karol
Published: December 2016

‘IUS POSTLIMINII’ AS THE GROUNDS FOR THE RECOGNITION OF CONTINUITY BETWEEN THE PRE-WAR AND THE PRESENT-DAY BALTIC STATESSummaryPostliminium was applied to describe the status of a Roman citizen who was taken captive during a war and then regained his freedom. If he managed to return from captivity, then the moment he crossed the border of the Roman state, legally his rights and legal relationships were restored (though with some exceptions). This institution has become part of international law and has developed a life of its own. Hardly anyone remembers the Roman origins of many legal constructs, though they are still in force. This is the strength of Roman law. One of the examples of the application of Roman law constructs may be observed in the Baltic States, which were annexed by the USSR in 1940. Due to the change in international law which occurred at the turn of the 1920s and 30s in outcome of the Briand-Kellogg Pact, the acquisition of territory as a result of the use of military force in contravention of its provisions was no longer admissible. In 1991 the Baltic States regained their independence. By proclaiming it, they took the position that they were continuing their inter-war statehood and that all the international agreements they had concluded until 1940 were still valid. The present-day Baltic States are not regarded as legal successors of the USSR. This means that a state conforming to international law has been restored and an end put to an illegal occupation. The example of the Baltic States shows that ius postliminii is a permanent feature of the international legal order. Lithuania, Latvia, and Estonia may have lost their independence for 50 years, but subsequently they returned as states to the international community. They are regarded as identical with those states which were annexed during the Second World War by the USSR. They have been restored and continue to exercise all the rights and obligations they had before 1940.
BANKIERZY PUBLICZNI W ŹRÓDŁACH PRAWA RZYMSKIEGO
Authors: Niczyporuk Piotr
Published: December 2016

PUBLIC BANKERS IN ROMAN LAW SOURCESSummaryThe Romans had an extensive terminology for persons who engaged in banking activities; however, only nummularii and mensarii pursued activities on behalf of the State. Their operations may be regarded as public banking in the broad sense of the term, and were conducted from the 4th century BC until the 3rd century AD. Banking was of key importance in the peak period of growth for Roman trading and financial operations, and this is confirmed in the sources for Roman law. We do not have any records for the bankers referred to as nummularii until the period of classical Roman law, when we get fragmentary references to them in the writings of Roman jurists. There are only two passages on their public activities in the quality control and exchange of coinage; the first is by Sextus Caecilius Africanus, and the second is Ulpian’s commentary on the duties of the prefectus Urbi. Other references to them in the works of Roman jurists relate to their operations concerning deposits and credit, and as such do not belong to the sphere of public law. We get more mentions of public bankers in the Roman non-legal literature. Mensarii, who performed a certain type of public banking duties, are referred to in Livy’s Ab urbe condita. Cicero, Suetonius, and Festus also wrote about them. Moreover, Grammaticus treated the term mensarii as synonymous with nummularii. Presumably the two categories of public bankers were considered to be generally respected individuals. We also have mentions of the nummularii in the non-legal literature. In his Satyricon Petronius esteemed their skills of assessing the quality of coins; they were also held in high regard by Martial, Suetonius, and Apuleius. Suetonius wrote of the severe penalties imposed on the nummularii by the Emperor Galba. On the other hand, all we get in the epigraphic sources, mostly tombstone inscriptions from Rome, elsewhere in Italy, and the western provinces, are records of the activities of the nummularii for the quality control and exchange of coinage, considered an important duty from the point of view of the State. In fact the non-legal and epigraphic literature of Rome tells us more about public bankers than do the sources on Roman law. Their work did not give rise to many legal problems, as we may conclude from the fact they are mentioned only in two juridical passages. The assessment of the quality of coins and their exchange, and other banking activities on behalf of the State were sufficiently supervised by Roman administrative officers, so there was no need for jurists to comment on them at length.
INWIGILACJA I INFILTRACJA JAKO EFEKTYWNE METODY UZYSKIWANIA INFORMACJI OPERACYJNYCH NA TEMAT ŚRODOWISKA PRZESTĘPCZEGO LUB KRYMINOGENNEGO
Authors: Teluk Rafał
Published: December 2016

INVIGILATION AND INFILTRATION: EFFECTIVE METHODS FOR THE COLLECTION OF INFORMATION ON A CRIMINAL OR CRIMINOGENIC ENVIRONMENTSummaryThis article is an attempt to give a systematic presentation of the Polish police’s use of invigilation and infiltration of a criminal and/or criminogenic environment as operational and investigative methods to obtain information. The author presents the definitions of the concept of operational and investigative activities (czynności operacyjnorozpoznawcze) as put forward by the theoreticians, and discusses the methods it employs. He also defines the aims of the extra-judicial operations carried out by the authorised state entities, giving the legal grounds and principles governing operational tactics. He discusses the legalisation of documents used by police officers carrying out operations and persons assisting the police and prosecuting authorities. Another issue discussed are the ways in which information obtained from a criminal and/or criminogenic environment by means of invigilation and infiltration is used in criminal proceedings.
WZAJEMNE UZNAWANIE ŚRODKÓW OCHRONY W SPRAWACH CYWILNYCH
Authors: Bieńkowska Ewa
Published: December 2016

MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERSSummaryThe paper describes the latest EU law concerning the enhancement of the rights of victims, i.e. Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters. In the Polish legal system there are no analogous measures, which means that the residents of Poland cannot be protected in trans-border situations unless the law is amended.
KILKA UWAG DOTYCZĄCYCH POWOŁYWANIA CZŁONKÓW ZARZĄDU SPÓŁEK KAPITAŁOWYCH
Authors: Gawrysiak-Zabłocka Aleksandra
Published: December 2016

SOME REMARKS ON THE APPOINTMENT OF COMPANY DIRECTORSSummaryThe article discusses selected issues concerning the appointment of company directors. In the first part the focus is on the practical application of Art. 18 of the Polish Code of Commercial Companies (Kodeks spółek handlowych, KSH), which provides that only natural persons having full legal capacity and not convicted for crimes or offences mentioned in that provision can be members of a company’s board of managers. In the light of the inconsistent rulings handed down by the Polish Supreme Court (Sąd Najwyższy) it is not clear whether the registering court, which has information available from the National Criminal Register (Krajowy Rejestr Skazanych), may refuse to enter a resolution which has been passed at a shareholders’ meeting but is in breach of the law. In my opinion, the first premise in the ruling handed down by seven Supreme Court judges on 18 September 2013 (case III CZP 13/13) is flawed. Not only does it contradict the Supreme Court decision of 24 July 2013 (case III CNP 1/13), but also its consequences can hardly be reconciled with the consequences of the second premise. In the second part of the study I use the provision on the composition of a brokerage board to show that specific regulations may prove ineffective if they only give cursory attention to an issue, with no reference to what is stipulated by the KSH.
WPŁYW DYREKTYW I ROZPORZĄDZEŃ UNII EUROPEJSKIEJ NA POLSKIE PRAWO PODATKOWE
Authors: Bernat Rafał
Published: December 2016

The Impact of European Union Directives and Regulations on Polish Tax LawSummaryThe subject of this article are the methods used to align Polish tax regulations with EU law and the level of alignment achieved. The author examines aspects of tax law to discuss the procedures EU member states use to issue and apply EU regulations and directives and the influence of EU legislation on the jurisdictive practice of the Polish administrative courts.
ZWIĄZKI SPÓŁDZIELCZE JAKO NARZĘDZIE WSPIERANIA SPÓŁDZIELNI SOCJALNYCH
Authors: Michalik Andrzej
Published: December 2016

Cooperative Unions as an Instrument for the Support of Social Cooperatives in PolandSummaryThe article provides basic information on the evolution of cooperativeunions in Poland. It shows the numerous advantages of membership ofcooperative unions for individual cooperatives, which helps them on theroad to economic and social success. This is particularly important forsocial cooperatives, whose aim is to act on behalf of their members’ socialand professional reintegration. The article describes the Polish unionof social cooperatives, the country’s only representative body for socialcooperatives with the legal authority to act as a partner in discussionsand negotiations with administrative bodies on new legislation relatingto social cooperatives. The article is supplemented with a set of proposalsconcerning cooperative unions for the legislator’s consideration in thedraft of a new act on the cooperative movement.
Comparative analysis of proposals for the planning of the aggregate industry on the island of Tenerife×
Authors: Hernández-Durán Germán , Arranz-González Julio César , De la Vega-Panizo Rogelio
Published: December 2016

The island of Tenerife is a territory with numerous protected natural areas and other areas which also deserve environmental protection, due to their ecological and landscape richness and values. According to current planning regulations, the aggregate mining industry is limited to a number of areas called extractive zones. The delimitation of such areas has some flaws and inconsistencies from the environmental point of view and from the consideration of the productive capacity of mining resources. This paper shows two models for environmental planning applied to the extractive activity for aggregates for the island of Tenerife, which could serve as alternatives to the current planning model: a model called zoned and another designated as zone-concentrated. These models provide improvements as far as respect for environmental values are concerned and are based on knowledge of the spatial distribution of geological materials. The conclusion is that this knowledge of the distribution of the potential mineral resources in the territory is the key to achieving the effective integration of mining in land-use planning, and to safeguard in the best possible way the mineral resources from the activities that may compromise their future availability. The applied methods could be extended to other territories, particularly islands, where it is very possible that there are similar problems to those that are occurring in Tenerife.
La expresión corporal y sus alcances en la metodología onto-fenomenológica de Edith Stein:
Authors: Meis Anneliese
Published: December 2016

The body is material, and indispensable for living. But it is something more than just physical. It’s also a body that lives, feels and thinks. It is my living body. Starting with this supposition, we can follow the thought of Edith Stein. The body is the center point of space. With it, I perceive myself and the world. The body allows me to express everything I feel, from joy to rage. Every expression modifies my body. The body helps me to understand others, to feel empathy and it allows me then to understand others through the expressions of their bodies. Thus, through the body, we access the depth of the human being, self and other, that Edith Stein calls “the soul of the soul”.
Lectura popular de la Biblia:
Authors: Cortés Cortés Javier Enrique
Published: December 2016

The circles of the Bible’s popular reading join to the Ecclesiastic Community of Base have reminded a growing interest in order to understand their approaching to the Holy Scripture. So that, there are a wish of more participation and approximation to the bible in these groups. Such event is seen like and opportunity of approaching from the Christians to the Bible. They discover in it the God’s essential word with which appeal their lives. Their approximation is realized since the own reality and context. Nevertheless in front of this method of reading exist risks like the document about “the interpretation of the Bible in the church” (1993) says. However, in the circles of the Bible’s popular reading. We glimpse the conciliate spirit of receiving the Revelation as the God’s gift in the History.
Cultura plural, derechos humanos y aporte cristiano.
Authors: Camus Ibacache Misael Heriberto
Published: December 2016

The world is changing. The current pluralistic culture states profound challenges with their strengths and weaknesses. Therefore, needs a new legal covenant. The Declaration of Human Rights guides the future.
The Church is presented as a central reference of unique value in all felds of human life. There were and are misunderstandings between the Church and society. However, the Church through the Magisterium, has offered his re?ection and help to promote justice, peace, development and solidarity. The dialogue is constant.
Today, besides being plural, our world is global. Gradually, Christians learn to change (revolutionize) their practice at level of catechesis, the sacramental life and community life.
Antonio José Guimarães: banditismo e disputas políticas no sertão baiano oitocentista
Authors: Carvalho da Silva Rafael Sancho
Published: December 2016

Este artigo trata da relação do banditismo com as disputas políticas no sertão baiano. Para tal, usamos o caso de Antonio José Guimarães que atuou entre 1849 e 1854 pelos sertões da Bahia e de Goiás. Abordamos os eventos relacionados no território baiano. Assim, podemos analisar o banditismo como um fenômeno a ser estudado não só pela história social, mas também, pela história política.