bluuebunny/crossref_metadata_2025 huggingface dataset:
The REACH OUT Caregiver Support Program
Authors: Burgio Louis D. , Wynn Matthew J.
Published: March 2021

Our nation increasingly relies on family members or friends (i.e., informal caregivers) for needed care and support as we age. Family caregivers typically assume their caregiving role willingly and reap personal fulfilment from helping a family member, developing new skills, and strengthening family relationships. For these benefits, however, caregivers often sacrifice their own health and well-being. Depression, anxiety, poor physical health, and compromised immune function are more common among family caregivers than in adults not providing such care. The REACH OUT (Resources for Enhancing Alzheimer’s Caregiver Health: Offering Useful Treatments) program is a multicomponent, tailored, and flexible intervention for caregivers of people with dementia focused on the evidence-based therapeutic strategy of problem solving. This work is designed to guide clinicians through the process and provide them the necessary tools to share with caregivers with the goal of enhancing caregiver physical and mental health. Five common risk areas (home safety, caregiver health, social support, challenging behaviors, and emotional well-being) are described in the manual; and interventions are described that respect the nuances of each risk area. By beginning with an individualized risk assessment and being flexible to the needs and issues of the caregiver, the REACH OUT intervention helps clinicians identify risk areas and provide caregivers with tailored action plans to reduce risk and promote well-being.
Getting Your Child Back to School
Authors: Kearney Christopher A.
Published: March 2021

Many parents find getting their child to school in the morning a challenge. If your child consistently pleads with you to let him stay home from school, if she skips school or is often late to school, if his morning routine is fraught with misbehaviors, or if she exhibits signs of distress and anxiety related school attendance, this book can help. Getting Your Child Back to School: A Parent’s Guide to Solving School Attendance Problems is designed to help address your child’s school attendance problems in the early stages. This guide helps identify different school attendance problems and provides step-by-step instructions to help solve the problem and learn different techniques for getting your child to school, including monitoring your child’s behavior, working with school officials, practicing enhanced relaxation, changing your child’s distressed thoughts about school, establishing a clear and predictable morning routine, setting up a system of rewards for going to school, handling inappropriate behaviors, writing clear agreements, and helping your child decline offers to miss school. Suggestions are made for preventing attendance problems in the future, dealing with special circumstances, addressing severe attendance problems, and handling extended time periods out of school. Easy to read and filled with concrete strategies, this book is the first of its kind to educate parents and arm them with tools needed to resolve their child’s school attendance problem. The book covers severe attendance problems and suggestions for families who must endure an extended period of time out of school due to school shutdowns.
Sex-related Differences in Functional Movement Screen Scores Among Reserve Officers’ Training Corps Cadets
Authors: Johnson Quincy R , Scraper Jacob , Lockie Robert , Orr Robin M , Dawes J Jay
Published: March 2021

Introduction

The primary aim of Reserve Officers’ Training Corps (ROTC) programs is to prepare cadets for future military service. To successfully complete one of these programs and perform active duty responsibilities, cadets must be able to complete a variety of physical tasks. Therefore, performing movement screening may be useful for identifying potential movement disparities that could lead to injury. The purpose of this investigation was to determine whether sex-related differences in movement patterns exist on the Functional Movement Screen (FMS). The FMS is a tool that uses seven functional movements to assess movement pattern deficits and asymmetries; deep squat, hurdle step, inline lunge (ILL), shoulder mobility, active straight-leg raise (ASLR), trunk stability pushup (TSPU), and rotary stability.

Materials and Methods

Archived data for 93 (male, n = 69; female n = 24) ROTC cadets were provided to the primary investigators for analysis. Independent t-tests (P < .05) were conducted to analyze differences in assessments between sexes.

Results

Significant differences between sexes were observed on the ILL (P = .014), ASLR (P < .001), and TSPU (P < .001). Females scored higher on both the ILL (2.13 ± 0.54) and ASLR (2.04 ± 0.69) compared with males (1.81 ± 0.52 and 1.48 ± 0.58). Males scored significantly higher (P ≤ .001) on the TSPU (2.57 ± .581) compared with females (2.00 ± .417). No significant differences were observed in the deep squat (P = .865), hurdle step (P = .829), shoulder mobility (P = .342), and rotary stability (P = .230) assessments.

Conclusions

Sex differences in the ILL, ASLR, and TSPU may be because of greater mobility in the ankle and hamstrings and reduced upper-body muscle mass for females compared with males. Males performed better than females on the TSPU test. In conclusion, sex-related differences in FMS performance do exist within the ROTC population. Additionally, these differences should be taken into consideration when designing specific exercise programs for ROTC cadets.
Origins and demographics of wandering black holes
Authors: Ricarte Angelo , Tremmel Michael , Natarajan Priyamvada , Zimmer Charlotte , Quinn Thomas
Published: March 2021

We characterize the population of wandering black holes, defined as those physically offset from their halo centres, in the romulus cosmological simulations. Unlike most other currently available cosmological simulations, black holes are seeded based on local gas properties and are permitted to evolve dynamically without being fixed at halo centres. Tracking these black holes allows us to make robust predictions about the offset population. We find that the number of wandering black holes scales roughly linearly with the halo mass, such that we expect thousands of wandering black holes in galaxy cluster haloes. Locally, these wanderers account for around 10 per cent of the local black hole mass budget once seed masses are accounted for. Yet for higher redshifts ($z$ ≳ 4), wandering black holes both outweigh and outshine their central supermassive counterparts. Most wandering black holes, we find, remain close to the seed mass and originate from the centres of previously disrupted satellite galaxies. While most do not retain a resolved stellar counterpart, those that do are situated farther out at larger fractions of the virial radius. Wanderers with higher luminosities are preferentially at lower radius, more massive, and either closer to their host’s mid-planes or associated with a stellar overdensity. This analysis shows that our current census of supermassive black holes is incomplete and that a substantial population of off-centre wanderers likely exists.
Analysis of physical processes in eruptive YSOs with near-infrared spectra and multiwavelength light curves
Authors: Guo (郭震) Zhen , Lucas P W , Contreras Peña C , Smith L C , Morris C , Kurtev R G , Borissova J , Alonso-García J , Minniti D , Chené A-N , Kumar M S N , Caratti o Garatti A , Froebrich D , Stimson W H
Published: March 2021

The decade-long Vista Variables in the Via Lactea (VVV) survey has detected numerous highly variable young stellar objects (YSOs). We present a study of 61 highly variable VVV YSOs (ΔKs = 1–5 mag), combining near-infrared spectra from Magellan and ESO Very Large Telescope with VVV and NEOWISE light curves to investigate physical mechanisms behind eruptive events. Most sources are spectroscopically confirmed as eruptive variables (typically Class I YSOs) but variable extinction is also seen. Among them, magnetically controlled accretion, identified by H i recombination emission (usually accompanied by CO emission), is observed in 46 YSOs. Boundary layer accretion, associated with FU Ori-like outbursts identified by CO overtone and H2O absorption, is observed only in longer duration events (≥5 yr total duration). However, even in long duration events, the magnetically controlled accretion mode predominates, with amplitudes similar to the boundary layer mode. Shorter (100–700 d) eruptive events usually have lower amplitudes and these events are generally either periodic accretors or multiple time-scale events, wherein large photometric changes occur on time-scales of weeks and years. We find that the ratio of amplitudes in Ks and W2 can distinguish between variable accretion and variable extinction. Several YSOs are periodic or quasi-periodic variables. We identify examples of periodic accretors and extinction-driven periodicity among them (with periods up to 5 yr) though more data are needed to classify some cases. The data suggest that dynamic interactions with a companion may control the accretion rate in a substantial proportion of eruptive systems, although star–disc interactions should also be considered.
Ultraviolet spectra of extreme nearby star-forming regions: Evidence for an overabundance of very massive stars
Authors: Senchyna Peter , Stark Daniel P , Charlot Stéphane , Chevallard Jacopo , Bruzual Gustavo , Vidal-García Alba
Published: March 2021

As deep spectroscopic campaigns extend to higher redshifts and lower stellar masses, the interpretation of galaxy spectra depends increasingly upon models for very young stellar populations. Here we present new HST/COS ultraviolet spectroscopy of seven nearby (<120 Mpc) star-forming regions hosting very young stellar populations (∼4–20 Myr) with optical Wolf–Rayet stellar wind signatures, ideal laboratories in which to benchmark these stellar models. We detect nebular C iii] in all seven, but at equivalent widths uniformly <10 Å. This suggests that even for very young stellar populations, the highest equivalent width C iii] emission at ≥15 Å is reserved for inefficiently cooled gas at metallicities at or below that of the SMC. The spectra also reveal strong C iv P-Cygni profiles and broad He ii emission formed in the winds of massive stars, including some of the most prominent He ii stellar wind lines ever detected in integrated spectra. We find that the latest stellar population synthesis prescriptions with improved treatment of massive stars nearly reproduce the entire range of stellar He ii wind strengths observed here. However, we find that these models cannot simultaneously match the strongest wind features alongside the optical nebular line constraints. This discrepancy can be naturally explained by an overabundance of very massive stars produced by a high incidence of binary mass transfer and mergers occurring on short ≲10 Myr time-scales, suggesting these processes may be crucial for understanding systems dominated by young stars both nearby and in the early Universe.
New models for the rapid evolution of the central star of the Stingray Nebula
Authors: Lawlor T M
Published: March 2021

We present stellar evolution calculations from the Asymptotic Giant Branch (AGB) to the Planetary Nebula (PN) phase for models of initial mass 1.2 M⊙ and 2.0 M⊙ that experience a Late Thermal Pulse (LTP), a helium shell flash that occurs following the AGB and causes a rapid looping evolution between the AGB and PN phase. We use these models to make comparisons to the central star of the Stingray Nebula, V839 Ara (SAO 244567). The central star has been observed to be rapidly evolving (heating) over the last 50 to 60 years and rapidly dimming over the past 20–30 years. It has been reported to belong to the youngest known planetary nebula, now rapidly fading in brightness. In this paper we show that the observed timescales, sudden dimming, and increasing Log(g), can all be explained by LTP models of a specific variety. We provide a possible explanation for the nebular ionization, the 1980’s sudden mass loss episode, the sudden decline in mass loss, and the nebular recombination and fading.
The effects of surface fossil magnetic fields on massive star evolution – III. The case of τ Sco
Authors: Keszthelyi Z , Meynet G , Martins F , de Koter A , David-Uraz A
Published: March 2021

τ Sco, a well-studied magnetic B-type star in the Upper Sco association, has a number of surprising characteristics. It rotates very slowly and shows nitrogen excess. Its surface magnetic field is much more complex than a purely dipolar configuration which is unusual for a magnetic massive star. We employ the cmfgen radiative transfer code to determine the fundamental parameters and surface CNO and helium abundances. Then, we employ mesa and genec stellar evolution models accounting for the effects of surface magnetic fields. To reconcile τ Sco’s properties with single-star models, an increase is necessary in the efficiency of rotational mixing by a factor of 3–10 and in the efficiency of magnetic braking by a factor of 10. The spin-down could be explained by assuming a magnetic field decay scenario. However, the simultaneous chemical enrichment challenges the single-star scenario. Previous works indeed suggested a stellar merger origin for τ Sco. However, the merger scenario also faces similar challenges as our magnetic single-star models to explain τ Sco’s simultaneous slow rotation and nitrogen excess. In conclusion, the single-star channel seems less likely and versatile to explain these discrepancies, while the merger scenario and other potential binary-evolution channels still require further assessment as to whether they may self-consistently explain the observables of τ Sco.
How does the mass and activity history of the host star affect the population of low-mass planets?
Authors: Kubyshkina Daria , Vidotto Aline A
Published: March 2021

The evolution of the atmospheres of low- and intermediate-mass planets is strongly connected to the physical properties of their host stars. The types and the past activities of planet-hosting stars can, therefore, affect the overall planetary population. In this paper, we perform a comparative study of sub-Neptune-like planets orbiting stars of different masses and different evolutionary histories. We discuss the general patterns of the evolved population as a function of parameters and environments of planets. As a model of the atmospheric evolution, we employ the own framework combining planetary evolution in Modules for Experiments in Stellar Astrophysics (mesa) with the realistic prescription of the escape of hydrogen-dominated atmospheres. We find that the final populations look qualitatively similar in terms of the atmospheres survival around different stars, but qualitatively different, with this difference accentuated for planets orbiting more massive stars. We show that a planet has larger chances of keeping its primordial atmosphere in the habitable zone of a solar-mass star compared to M or K dwarfs and if it starts the evolution having a relatively compact envelope. We also address the problem of the uncertain initial temperatures (luminosities) of planets and show that this issue is only of particular importance for planets exposed to extreme atmospheric mass losses.
SILCC VI – Multiphase ISM structure, stellar clustering, and outflows with supernovae, stellar winds, ionizing radiation, and cosmic rays
Authors: Rathjen Tim-Eric , Naab Thorsten , Girichidis Philipp , Walch Stefanie , Wünsch Richard , Dinnbier Frantis̆ek , Seifried Daniel , Klessen Ralf S , Glover Simon C O
Published: March 2021

We present simulations of the multiphase interstellar medium (ISM) at solar neighbourhood conditions including thermal and non-thermal ISM processes, star cluster formation, and feedback from massive stars: stellar winds, hydrogen ionizing radiation computed with the novel treeray radiative transfer method, supernovae (SN), and the injection of cosmic rays (CR). N-body dynamics is computed with a 4th-order Hermite integrator. We systematically investigate the impact of stellar feedback on the self-gravitating ISM with magnetic fields, CR advection and diffusion, and non-equilibrium chemical evolution. SN-only feedback results in strongly clustered star formation with very high star cluster masses, a bi-modal distribution of the ambient SN densities, and low volume-filling factors (VFF) of warm gas, typically inconsistent with local conditions. Early radiative feedback prevents an initial starburst, reduces star cluster masses and outflow rates. Furthermore, star formation rate surface densities of $\Sigma _{\dot{M}_\star } = 1.4-5.9 \times 10^{-3}$$\mathrm{M}_\odot \, \mathrm{yr}^{-1}\, \mathrm{kpc}^{-2}$, VFFwarm = 60–80 per cent as well as thermal, kinetic, magnetic, and cosmic ray energy densities of the model including all feedback mechanisms agree well with observational constraints. On the short, 100 Myr, time-scales investigated here, CRs only have a moderate impact on star formation and the multiphase gas structure and result in cooler outflows, if present. Our models indicate that at low gas surface densities SN-only feedback only captures some characteristics of the star-forming ISM and outflows/inflows relevant for regulating star formation. Instead, star formation is regulated on star cluster scales by radiation and winds from massive stars in clusters, whose peak masses agree with solar neighbourhood estimates.
Inferring the Genetic Basis of Sex Determination from the Genome of a Dioecious Nightshade
Authors: Wu Meng , Haak David C , Anderson Gregory J , Hahn Matthew W , Moyle Leonie C , Guerrero Rafael F
Published: March 2021

Dissecting the genetic mechanisms underlying dioecy (i.e., separate female and male individuals) is critical for understanding the evolution of this pervasive reproductive strategy. Nonetheless, the genetic basis of sex determination remains unclear in many cases, especially in systems where dioecy has arisen recently. Within the economically important plant genus Solanum (∼2,000 species), dioecy is thought to have evolved independently at least 4 times across roughly 20 species. Here, we generate the first genome sequence of a dioecious Solanum and use it to ascertain the genetic basis of sex determination in this species. We de novo assembled and annotated the genome of Solanum appendiculatum (assembly size: ∼750 Mb scaffold N50: 0.92 Mb; ∼35,000 genes), identified sex-specific sequences and their locations in the genome, and inferred that males in this species are the heterogametic sex. We also analyzed gene expression patterns in floral tissues of males and females, finding approximately 100 genes that are differentially expressed between the sexes. These analyses, together with observed patterns of gene-family evolution specific to S. appendiculatum, consistently implicate a suite of genes from the regulatory network controlling pectin degradation and modification in the expression of sex. Furthermore, the genome of a species with a relatively young sex-determination system provides the foundational resources for future studies on the independent evolution of dioecy in this clade.
Analysis of Fungal Genomes Reveals Commonalities of Intron Gain or Loss and Functions in Intron-Poor Species
Authors: Lim Chun Shen , Weinstein Brooke N , Roy Scott W , Brown Chris M
Published: March 2021

Previous evolutionary reconstructions have concluded that early eukaryotic ancestors including both the last common ancestor of eukaryotes and of all fungi had intron-rich genomes. By contrast, some extant eukaryotes have few introns, underscoring the complex histories of intron–exon structures, and raising the question as to why these few introns are retained. Here, we have used recently available fungal genomes to address a variety of questions related to intron evolution. Evolutionary reconstruction of intron presence and absence using 263 diverse fungal species supports the idea that massive intron reduction through intron loss has occurred in multiple clades. The intron densities estimated in various fungal ancestors differ from zero to 7.6 introns per 1 kb of protein-coding sequence. Massive intron loss has occurred not only in microsporidian parasites and saccharomycetous yeasts, but also in diverse smuts and allies. To investigate the roles of the remaining introns in highly-reduced species, we have searched for their special characteristics in eight intron-poor fungi. Notably, the introns of ribosome-associated genes RPL7 and NOG2 have conserved positions; both intron-containing genes encoding snoRNAs. Furthermore, both the proteins and snoRNAs are involved in ribosome biogenesis, suggesting that the expression of the protein-coding genes and noncoding snoRNAs may be functionally coordinated. Indeed, these introns are also conserved in three-quarters of fungi species. Our study shows that fungal introns have a complex evolutionary history and underappreciated roles in gene expression.
Cistrome analysis of YY1 uncovers a regulatory axis of YY1:BRD2/4-PFKP during tumorigenesis of advanced prostate cancer
Authors: Xu Chenxi , Tsai Yi-Hsuan , Galbo Phillip M , Gong Weida , Storey Aaron J , Xu Yuemei , Byrum Stephanie D , Xu Lingfan , Whang Young E , Parker Joel S , Mackintosh Samuel G , Edmondson Ricky D , Tackett Alan J , Huang Jiaoti , Zheng Deyou , Earp H Shelton , Wang Gang Greg , Cai Ling
Published: March 2021

Castration-resistant prostate cancer (CRPC) is a terminal disease and the molecular underpinnings of CRPC development need to be better understood in order to improve its treatment. Here, we report that a transcription factor Yin Yang 1 (YY1) is significantly overexpressed during prostate cancer progression. Functional and cistrome studies of YY1 uncover its roles in promoting prostate oncogenesis in vitro and in vivo, as well as sustaining tumor metabolism including the Warburg effect and mitochondria respiration. Additionally, our integrated genomics and interactome profiling in prostate tumor show that YY1 and bromodomain-containing proteins (BRD2/4) co-occupy a majority of gene-regulatory elements, coactivating downstream targets. Via gene loss-of-function and rescue studies and mutagenesis of YY1-bound cis-elements, we unveil an oncogenic pathway in which YY1 directly binds and activates PFKP, a gene encoding the rate-limiting enzyme for glycolysis, significantly contributing to the YY1-enforced Warburg effect and malignant growth. Altogether, this study supports a master regulator role for YY1 in prostate tumorigenesis and reveals a YY1:BRD2/4-PFKP axis operating in advanced prostate cancer with implications for therapy.
Delayed Reward Discounting as a Prognostic Factor for Smoking Cessation Treatment Outcome: A Systematic Review
Authors: Syan Sabrina K , González-Roz Alba , Amlung Michael , Sweet Lawrence H , MacKillop James
Published: March 2021

Introduction

While large proportions of smokers attempt to quit, rates of relapse remain high and identification of valid prognostic markers is of high priority. Delayed reward discounting (DRD) is a behavioral economic index of impulsivity that has been associated with smoking cessation, albeit inconsistently. This systematic review sought to synthesize the empirical findings on DRD as a predictor of smoking cessation treatment outcome, to critically appraise the quality of the literature, and to propose directions for future research.

Aims and Methods

A total of 734 articles were identified, yielding k = 14 studies that met the eligibility criteria. The Quality in Prognosis Studies (QUIPS) tool was used to assess methodological quality of the included studies.

Results

Individual study methods were highly heterogeneous, including substantial variation in research design, DRD task, clinical subpopulation, and treatment format. The predominant finding was that steeper DRD (higher impulsivity) was associated with significantly worse smoking cessation outcomes (10/14 studies). Negative results tended to be in pregnant and adolescent subpopulations. The QUIPS results suggested low risk of bias across studies; 11/14 studies were rated as low risk of bias for 5/6 QUIPS domains.

Conclusions

This review revealed consistent low-bias evidence for impulsive DRD as a negative prognostic predictor of smoking cessation treatment outcome in adults. However, methodological heterogeneity was high, precluding meta-analysis and formal tests of small study bias. The prospects of targeting impulsive DRD as a potentially modifiable risk factor or providing targeted treatment for smokers exhibiting high levels of discounting are discussed.

Implications

These findings indicate consistent evidence for DRD as a negative prognostic factor for smoking cessation outcome in adults. As such, DRD may be a useful as a novel treatment target or for identifying high-risk populations requiring more intensive treatment.
Establishing a Distribution Network for COVID-19 Monoclonal Antibody Therapy Across a Large Health System During a Global Pandemic
Authors: Bariola J Ryan , McCreary Erin K , Khadem Tina , Snyder Graham M , Wadas Richard J , Nace David A , White Douglas B , Yealy Donald M , Schmidhofer Mark
Published: March 2021

Emergency authorized coronavirus disease 2019 (COVID-19)–neutralizing monoclonal antibodies can aid outpatients with mild to moderate COVID-19 infection. Many report barriers to adequate distribution and uptake. We present our model for distribution in a large health system as well as early lessons learned.
Trade Marks and Passing Off
Authors: Riordan Jaani
Published: March 2021

This chapter examines the secondary liability of internet intermediaries for trade mark infringement and passing off occurring online. The internet intrinsically relies upon a functioning system of domain names, keyword-based search tools, and advertising. These arenas present ample opportunities for conflict over protected signs. At one extreme are territorial conflicts between legitimate traders who happen to possess parallel rights in different jurisdictions; at the other extreme lie cases of opportunistic squatting on a rivalrous keyword resource, such as a domain name, for commercial gain, or outright counterfeiting. Within the contested space that lies between, the line between honest and unfair competition is becoming increasingly blurred, as traders seek to exploit rivals’ names in keyword advertising, practise aggressive search engine optimisation, and compete for traffic, reputation, and attention. The zone of accepted commercial practices is fluid and extremely nebulous.
Unlawful Material
Authors: Riordan Jaani
Published: March 2021

This chapter addresses the liability of internet intermediaries for publishing and transmitting ‘unlawful material’. That phrase is used as a broad catch-all to describe information which is considered illegal, whose dissemination is normally prohibited under the criminal law of the United Kingdom, or in which dealings may be unlawful if the prescribed regulatory requirements are not satisfied.
Costs
Authors: Riordan Jaani
Published: March 2021

Preceding chapters have examined the range of measures which internet intermediaries may be compelled to implement, whether as a result of a court order, an administrative decision, or pursuant to a statutory scheme or code of conduct. The cost and disruption caused by the implementation of such measures vary considerably with the nature of the measure, what it obliges the service provider to do, the scale of the problem, and the particular characteristics of the implementing party. Individual measures may be relatively inexpensive to adopt in a single case, but their aggregate costs over a large number of such cases—and the resulting administrative, legal, and technical overheads—can be very substantial.
European Cross-Border Insolvency Law
Authors: Bork Reinhard , Mangano Renato
Published: March 2021

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.
Law Applicable
Authors: Bork Reinhard , Mangano Renato
Published: March 2021

This chapter discusses which law a court with jurisdiction over cross-border insolvency proceedings (whether they constitute main proceedings or secondary proceedings) should apply in particular sets of circumstances. The general rule is that the law of the State in which the proceedings have been opened (lex fori concursus) should be the law which governs insolvency proceedings and their effects. However, there are a number of exceptions to this rule, meaning that the court with jurisdiction will have to apply the law of another Member State. This chapter outlines the general rule and discusses problems resulting from its application. It proceeds to looks at the exceptions to this rule and identifies their rationales and commonalities, before embarking on a detailed analysis of each of them.
Group Insolvencies
Authors: Bork Reinhard , Mangano Renato
Published: March 2021

This chapter deals with European cross-border issues concerning groups of companies. This chapter, after outlining the difficulties encountered throughout the world in defining and regulating the group, focuses on the specific policy choices endorsed by the EIR, which clearly does not lay down any form of substantive consolidation. Instead, the EIR, on the one hand, seems to permit the ‘one group—one COMI’ rule, even to a limited extent, and, on the other hand, provides for two different regulatory devices of procedural consolidation, one based on the duties of ‘cooperation and communication’ and the other on a system of ‘coordination’ to be set up between the many proceedings affecting companies belonging to the same group.
The Advisory Committee
Authors: Büttner Tilmann
Published: March 2021

Through the Advisory Committee the administration of the Court is to a certain extent connected with the stakeholders of the patent system. Therefore, the Advisory Committee may gain public acceptance for the Court if it works well and if its advice is respected by the Administrative Committee. The main function of the Advisory Committee is to advise the Administrative Committee in the process of recruiting qualified personnel for the UPC.
Language of proceedings at the Court of First Instance
Authors: Keussen Christoph , Tilmann Winfried
Published: March 2021

Art 49 UPCA sets out provisions on the choice of the language of proceedings before the Court of First Instance of the UPC. The provision is consistent with Union law which does not contain any principle that everyone may always use his own language in proceedings. Pursuant to Art 49 UPCA, the language of proceedings may be (but does not have to be) identical to the language of grant of the patent in dispute. Consequently, the language of proceedings before the UPC and the language of grant of the patent may be different. For infringement proceedings, yet another fundamental rule applies: the language of proceedings is the official language of the Court in which the division of first instance has its seat, ie the language of seat.
Article 53 Means of evidence
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

The Lisbon Treaty introduced a more specific legal basis for the creation of European intellectual property rights. According to Art 118(1) of the Treaty on the Functioning of the European Union (TFEU), measures for the creation of European intellectual property rights are to be established by the European Parliament and the Council acting under the ordinary legislative procedure. Art 118(2) TFEU, however, sets out a specific legal basis for the language arrangements for European intellectual property rights, which are to be established under a special legislative procedure by the Council acting unanimously after consulting the European Parliament. Therefore, the translation arrangements for any unitary patent system in the EU must be established by a separate regulation.
Article 192 TFEU
Authors: Garben Sacha
Published: March 2021

Article 175 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191.
Article 36 CFR
Authors: Lock Tobias
Published: March 2021

The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaties, in order to promote the social and territorial cohesion of the Union.
Article 15 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 255 EC In order to promote good governance and ensure the participation of civil society, the Union’s institutions, bodies, offices and agencies shall conduct their work as openly as possible.
Assignment of Claims
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

‘Contractual claims represent a major tradable asset. They can be sold outright, as in the typical factoring transaction, or assigned by way of security for a loan or other obligation. The purpose of this Chapter is to set out principles and rules which are designed to facilitate the assignment of claims, whether individually or in bulk, whilst at the same time ensuring that the debtor’s rights are not prejudiced by the assignment.
External Relations of the EU and Euro Area in the field of EMU
Authors: Marise Cremona , Päivi Leino-Sandberg
Published: March 2021

This chapter will focus on the relations of the European Union (EU) and euro area with the main international financial institutions (IFIs) from the perspective of EU law. Among the IFIs the International Monetary Fund (IMF), the World Bank and the more informal groupings of the G20, the Organization for Economic Co-operation and Development (OECD) and the Financial Stability Board (FSB) will be highlighted. The aim, in a chapter of this length, is not to give an account of the activities of these bodies and the EU’s policy positions and priorities; rather it is to highlight, from the perspective of EU law, the legal-institutional questions and challenges that arise from EU participation. The unified representation of the euro area in the IFIs has surfaced repeatedly in the context of the on-going discussions concerning the development of the Economic Monetary Union (EMU) (see below in Section II). These discussions, however, primarily reflect the EU institutional interest (Commission, the European Central Bank (ECB)) to strengthen their institutional presence in the IFIs: something that is met with strong reluctance by the Member States. While the Member States ostensibly support increased EU influence in the IFIs, they are also concerned about preserving their own individual positions and status.
Payment Systems
Authors: Athanassiou Phoebus L
Published: March 2021

Payment systems matter: they provide the basis for the processing and execution of the multifarious value-transfer transactions, wholesale and retail alike, that are crucial for the operation of modern, free-market economies. Less obvious–but no less pivotal–is the role that payment systems play for monetary policy and its transmission, not least in the sui generis context of the Economic and Monetary Union (EMU). The launch, in January 1999, of the Trans-European Automated Real-time Gross settlement Express Transfer (TARGET) system, the precursor of TARGET2, simultaneously with the launch of the euro, testifies to the centrality of payment systems for the implementation of the single monetary policy, and for the consolidation of the euro area money market.
Policy Conditionality attached to ESM financial assistance
Authors: Forsthoff Ulrich , Lauer Nathalie
Published: March 2021

‘If the euro fails, Europe fails.’ This dictum of the German Chancellor, Ms Angela Merkel, from 2012 marks the importance that the sovereign debt crisis and its solution were accorded in political discourse and action. The European Stability Mechanism (ESM) and its predecessor, the European Financial Stability Facility (EFSF), are a central component of the strategy put in place by the euro states to overcome the crisis. The creation of these institutions and the policies pursued by them have been the subject of intense debate.
The IMF’s Financing Role in Europe During the Global Financial Crisis
Authors: Christopherson Katharine , Bergthaler Wolfgang
Published: March 2021

Since its establishment in 1945, the International Monetary Fund (IMF) has played a key role in ‘giv[ing] confidence to members by making the general resources of the Fund temporarily available to them under adequate safeguards, thus providing them with opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity’ through its crisis prevention and resolution role. In exercising its mandate, the IMF has had to adapt over time to significant developments in the global monetary and financial systems. Since the Second Amendment of the IMF’s Articles in 1978, subject to certain obligations under the IMF’s Articles, members may freely decide on their exchange rate arrangements merely notifying the IMF of any changes to their own exchange arrangements, which is a departure from the par value system prevalent when the IMF was established.
Financial Market Integration and EMU
Authors: Alexander Kern
Published: March 2021

This chapter discusses the evolution of the market structure in European banking and the level of financial integration in the Eurozone and the interaction with financial regulatory developments. The chapter will address how the creation of the Banking Union’s Single Supervisory Mechanism (SSM) has affected banking market integration in the Eurozone. The chapter also raises related issues concerning monetary policy and banking supervision and some of the challenges in discharging these responsibilities within the Banking Union. This chapter also analyses the Capital Markets Union (CMU) proposal in respect of its important objective to increase the supply of credit from non-bank financial intermediaries to the economy of the European Union (EU) while also raising important prudential regulatory concerns concerning the risks raised by the shadow banking sector.
The Euro Area In Crisis, 2008–18
Authors: Hadjiemmanuil Christos
Published: March 2021

In autumn 2008, just as the euro was approaching its tenth anniversary, the European Union (EU) became embroiled in the Global Financial Crisis (GFC). Elsewhere in the world, including in the US, where it originated, the GFC caused a very deep recession but then receded, and was essentially over by the end of 2009. In the EU, however, it took a double-dip form, with the EU-28 area’s real gross domestic product (GDP) suffering a -4.4 per cent fall in 2009 and another -0.5 per cent fall in 2012. The timing and impact of the crisis differed significantly across Member States, and the recovery was uneven. Taken as a whole, the euro area (EA19) performed worse than the rest of the EU, especially in 2012–13, when it lost -1.3 per cent of GDP, and only returned to its 2007 GDP level in 2015.
Company Directors’ Duties and Conflicts of Interest
Authors: Langford Rosemary Teele
Published: March 2021

This book contains the most detailed multi-jurisdictional analysis of directors’ conflicts available drawing together relevant case law, codes and statutory regulation from the law applying to directors of companies incorporated under the UK Companies Acts, with extensive reference to the law in Australia, Canada, Hong Kong and New Zealand. The book provides comprehensive analysis of the conflicts faced by directors and includes the important areas of conflicts of interest, conflicts of duties, unauthorised profits, corporate opportunities, multiple directorships, nominee directorships, and conflicts involving stakeholders’ interests. Difficult aspects of these topics are analysed with reference to the laws of a range of common law jurisdictions. The extensive multi-jurisdictional analysis allows solutions to be presented in relation to difficult legal issues and enables clarification of the legal approach. In addition to detailed coverage and analysis of general law duties, the specific statutory duties are outlined and analysed including those concerning related party transactions. The UK Corporate Governance Code, and Guidance on Board Effectiveness, issued by the FRC in July 2018 are covered extensively. The book provides detail on fiduciary theory, the reach of the term ‘director’, consequences of a breach, remedies, authorisation and the role of disclosure. It also contains a detailed table of key cases concerning corporate opportunities which includes the pertinent facts, whether there was a breach of directors’ duties, and a summary of the important factors in the decision made. The cases are featured in order from instances representing clear breach to those in which no breach was found. The book is significant in its thorough coverage of general law and statutory duties relating to conflicts, and its clarification of the scope and application of currently complex and uncertain duties. It provides clear guidance to academics, practitioners, directors and regulators in each of the jurisdictions on the regulation of conflicts of interest and the implementation of good regulatory practice. This is a key reference work on this important and dynamic area of company law which provides careful analysis of the law set in a practical context.
Drafting of Charges
Authors: Hamer Kenneth
Published: March 2021

The grounds of challenge in this case were that the charges were insufficiently particularized, which was unfair and contrary to Article 6 of the European Convention on Human Rights (ECHR). Specifically, the claimants relied on Article 6(3)(b), which provides that those charged with a criminal offence have the right to adequate time and facilities for the preparation of their defence. The Court held that the charges must be sufficiently particularized to enable those charged to know, with reasonable clarity, the case that they have to meet and to prepare a defence. The Professional Conduct Committee (PCC) had not erred in this case. Whilst a challenge based on lack of particularity was not necessarily premature when made at the opening of a hearing, a stay would be an exceptional remedy, to be used only when it was clear that a fair trial was not possible.
Judicial Immunity
Authors: Hamer Kenneth
Published: March 2021

The plaintiff (who was not a solicitor) brought libel proceedings against the chair and members of the disciplinary committee constituted under section 46 of the Solicitors Act 1957 and the Solicitors (Disciplinary Proceedings) Rules 1957. The plaintiff alleged that certain statements in the findings and order of the committee that related to him were defamatory. The committee, comprising Sir William Crocker as chair and two other members, found that the allegations against the solicitor had not been substantiated. The plaintiff issued a writ against the three members of the committee, claiming that the findings and order was falsely and maliciously published by the chair, with the knowledge and consent of the second and third defendants, of whom all three were joint authors. In their defence, the defendants claimed that the publication complained of was made by them as members of the committee set up under sections 46–48 of the Solicitors Act 1957 and the 1957 Rules, and that the publication occurred in the course of and formed part of proceedings before a statutory tribunal exercising judicial functions and was therefore absolutely privileged.
Jurisdiction
Authors: Hamer Kenneth
Published: March 2021

Regulatory and disciplinary bodies derive their jurisdiction from various sources, such as under statute, the royal prerogative, royal charter, or by contract with their members. The healthcare professions are governed by statute. In addition to the General Medical Council (GMC) and the Medical Practitioners Tribunal Service (MPTS), the regulations relating to professional conduct matters concerning the General Dental Council (GDC), the Nursing and Midwifery Council (NMC), the General Pharmaceutical Council (GPhC, the General Osteopathic Council (GOsC), and the Health and Care Professions Council (HCPC) are all derived from statute. Architects are regulated under a statutory scheme and many professions, including accountants, actuaries, engineers, and surveyors, are regulated by professional bodies incorporated under royal charter. The Home Office Police Board for Forensic Pathology and the Council for the Registration of Forensic Pathologists are set up under the royal prerogative. See generally Meadow v. General Medical Council [2007] QB 462, at [28]–[29]. The disciplinary regulations for other bodies, such as the Jockey Club (governed by royal charter), the National Greyhound Racing Club, and the British Boxing Board of Control, are governed by contractual arrangements.
Stay of Proceedings
Authors: Hamer Kenneth
Published: March 2021

Other Relevant Chapters 76.01
Whistleblowing
Authors: Hamer Kenneth
Published: March 2021

Institute of Chartered Accountants in England and Wales, Disciplinary Bye-laws 2017, article 9(1) (‘Any person may bring to the attention of the head of staff any facts or matters indicating that a member, a firm or a provisional member may have become liable to disciplinary action under these bye-laws or the [Accountancy and Actuarial Discipline Board] Scheme or the [Joint Disciplinary Scheme]; and it is the duty of every member, where it is in the public interest for him to do so, to report to the head of staff any such facts or matters of which he is aware’)
Coulson on Construction Adjudication
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

This fourth edition of Sir Peter Coulson’s highly regarded work on construction adjudication, widely considered to be the leading authority in the field, continues to provide comprehensive analysis of the law and practice of adjudication in construction and engineering disputes. Thoroughly revised with reference to over 80 new adjudication cases, the new edition of this popular title also provides an analysis of the increase in ‘smash and grab’ payment claims brought by contractors based on the procedural omissions of the employer. The book has also expanded to cover developments in the Technology and Construction Court’s (TCC) practice and procedure for dealing with ‘smash and grab’ claims, and includes practical guidance from the TCC and Commercial Court as to the necessary ethical principles to be adopted by adjudicators. This work is the definitive guide to the law and practice of construction adjudication, making it an essential reference work for all those involved with construction law.
Article 4(15). Data concerning health
Authors: Bygrave Lee A , Tosoni Luca
Published: March 2021

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(13) (Definition of ‘genetic data’) (see also recital 34); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).