bluuebunny/crossref_metadata_2025_split huggingface dataset:
Obligations and Outcomes in the Law of Torts
Authors: Gardner John 
Published: February 2020

Abstract
This chapter argues that reasons to succeed are indeed intelligible apart from the law—i.e. morally intelligible in the relevant sense—and that reasons to try are not morally intelligible, in the relevant sense, without them. From here it is but a relatively short step to conclude that at least the first half of this conjunction still holds true when the reasons in question are obligatory. There is no special problem with mandatory categorical reasons to succeed. But instead of making that short step here, it is left in the hands of others, including those who remain attached to Kant’s curious argument, to try and block it. That is the best way to honour the spirit of Honoré’s ground-breaking contrarian contribution to the philosophical study of the law of torts, and indeed the philosophical study of the human condition.
Some Rule-of-Law Anxieties about Strict Liability in Private Law
Authors: Gardner John 
Published: February 2020

Abstract
Strict liability plays a significant role in many legal systems, in both criminal and private law. Its occasional use attracts a weary toleration from legal thinkers, but few stand up for it with enthusiasm, and few argue for its extension. Injustice challenges to strict liability take more than one form. This chapter focuses on those that see the injustice of strict liability as bound up with a failure, on the law’s part, to conform to the ideal of the rule of law. These challenges can be contrasted with those that complain of the injustice of attaching liability to morally blameless actions. Although strict liability is no-fault liability in a special lawyers’ sense of ‘fault’, it also extends in the process to many who are not at fault in the ordinary moral sense of ‘fault’, i.e. many whose actions are morally blameless.
The Many Faces of the Reasonable Person
Authors: Gardner John 
Published: February 2020

Abstract
The reasonable person is the longest-established of ‘the select group of personalities who inhabit our legal village and are available to be called upon when a problem arises that needs to be solved objectively’. These days, he has neighbours as diverse as the ordinary prudent man of business, the officious bystander, the reasonable juror properly directed, and the fair-minded and informed observer. In the minds of many, however, he is most closely associated with the law of torts, particularly the law of negligence. Because the reasonable person is used to set standards in so many corners of the law, it is natural to think that the standards he sets must be legal ones. This chapter seeks to convince the reader otherwise. It suggests that the services of the reasonable person are in such heavy demand in the law precisely because he sets extra-legal standards, and indeed extra-legal standards of a notably versatile kind.
Anti-Discrimination Law and Legal Culture in Germany
Authors: Wrase Michael 
Published: February 2020

Abstract
Drawing on the socio-legal concept of legal culture, this chapter tries to explain the initial objections by many traditionalist legal scholars, politicians, and legal practitioners alike against comprehensive anti-discrimination regulation in Germany. It contrasts the rather weak culture of non-discrimination with a broadly shared appreciation for civil rights fostered by a long-established and extensive adjudication of the Federal Constitutional Court (‘FCC’). It can be shown that the missing national support for the new regulation has led to a very restricted transposition of the EU anti-discrimination directives. The Allgemeines Gleichbehandlungsgesetz more or less confines itself to implementing the provisions stipulated in the directives, and even contains several shortcomings and potential breaches of EU law, especially with regard the provision of public goods and services. Consequently, mobilization of non-discrimination rights has been rather weak in practice so far. However, there is good reason to conclude that anti-discrimination law has been gaining ground in Germany in recent years, and that it will be even more relevant in future. The ECJ adjudication has exerted considerable influence on the case law of the German labour courts. This might in the longer run also impact on the adjudication of the FCC with regard to the clause on non-discrimination in Article 3 Basic Law.
Pares Inter Inequales? A First Glimpse of the Cases before Senate II of the Austrian Equal Treatment Commission
Authors: Risak Martin , Berger Christian , Rehm Miriam 
Published: February 2020

Abstract
This chapter undertakes a first explorative study of all the published decisions issued by Senate II of the Equal Treatment Commission between its establishment in 2004 and 2017, which deals with alleged discriminations on the grounds of age, ethnic origin, religion or belief, and sexual orientation. The aim of this contribution is to detect possible patterns in the practice of Senate II. It explores whether individual factors (such as gender or education), the workplace (e.g. job, sector), or aspects of the alleged discrimination (e.g. the moment of discrimination, that is harassment, or discrimination in the course of hiring or termination; grounds such as ethnicity, religion, or age; defendant as an individual or a corporation) influence the outcome of the procedure. By providing this analysis, the chapter challenges some widely held assumptions, such as that the Equal Treatment Commission is particularly applicant-friendly.
The Port Cities of the French Atlantic
Authors: Forrest Alan 
Published: February 2020

Abstract
This chapter discusses the fortunes of the principal ports of the French Atlantic in the eighteenth century, among them Bordeaux, La Rochelle, Nantes, Marseille, and Le Havre, but also smaller ports like Lorient, Saint-Malo, and Bayonne, which all at various moments enjoyed years of unprecedented prosperity. It shows how not all of them invested in the same forms of commerce or enjoyed the same peak years of prosperity. Some concentrated on direct commerce with the Caribbean islands, others on fishing off Newfoundland, but increasingly merchants were tempted by the rich profits to be made from slaving. The chapter looks at the investments made by the merchant community in the fabric of their cities, discusses their architecture and elegant town planning, and notes the impressions they made on foreign visitors who saw them in a comparative perspective.
Debating Slavery
Authors: Forrest Alan 
Published: February 2020

Abstract
The chapter examines the moral threat to slaving in the last years of the Ancien Régime with the rise of abolitionism, first in Britain, then more gradually, in France. Moral qualms about slavery had first been expressed by Enlightened authors like Raynal and Condorcet; but the writings of some English abolitionists, notably Thomas Clarkson, proved equally powerful. However, in merchant circles, especially the chambers of commerce, slaves continued to be seen as a commodity, and the slaving interest was violently defended as the Revolution approached. The chapter examines pamphlets produced by both sides in the debate, and discusses the role of masonic lodges, clubs, and learned societies in the port cities themselves.
The French Revolution in the Atlantic Ports
Authors: Forrest Alan 
Published: February 2020

Abstract
The chapter traces the course of the Revolution in the port cities and discusses the response of the merchant community to political change. The Revolution was initially widely welcomed, as it opened careers to talent, allowed freedom of religion, and abolished legal estates, which all appealed to the mercantile elites, who quickly took charge of municipal politics. But things quickly worsened with street violence in Paris, the federalist crisis in several of the ports, and the Vendean insurrection on Nantes’ doorstep. The Jacobin government and the Terror brought new threats for the merchant community, for whom surviving the revolutionary years took a degree of guile, as trade could easily be confused with speculation and an act of selfishness that rendered merchants instantly suspect.
Merchants, Planters, and Revolutionary Politics
Authors: Forrest Alan 
Published: February 2020

Abstract
The chapter deals with the interactions between the Atlantic ports in France and the colons in the Caribbean. At first the merchants were more concerned with their privileged access to the colonies than with the impact of the revolution on Saint-Domingue. But planter pressure was intense, and the Club Massiac championed their cause in France, blaming disorder and slave demands on the lobbying of the principal abolitionist faction, the Amis des Noirs. From 1791, Saint-Domingue and Guadeloupe were prey to increasing violence, first from free people of colour, then from slaves, and the slave trade with France collapsed. Many white colonists fled the Caribbean to the French ports, which mounted a major charity operation. Merchants and planters alike were left bewildered.
War and Revolution in the Caribbean
Authors: Forrest Alan 
Published: February 2020

Abstract
Whereas the previous chapter focused on the effects of events in Saint-Domingue on the French merchant community and on political sentiment in the French ports, this one examines events in the Caribbean and especially in Saint-Domingue. It discusses the complexities of the race question on the island, and especially the status of free people of colour, which dominated discussion during the early months of the Revolution. It also shows how, with the slave revolts and insurrections, opinions hardened after 1791, how the French administration became more dependent on the support of the mulattoes, and how the situation in Saint-Domingue was complicated by foreign war and invasion. The chapter ends by discussing the role of Toussaint Louverture and Leclerc’s fateful expedition
The Slave Trade in Collective Memory
Authors: Forrest Alan 
Published: February 2020

Abstract
This chapter discusses the memory of the slave trade in France’s Atlantic ports and the ways in which their slaving past is presented today in newspapers, school textbooks and museum exhibits. For many decades the trade was passed over in silence, a footnote to a golden age of mercantile prosperity, or was—as in Britain—viewed through the lens of an abolitionist movement that was to the credit of the nation. But from the mid-1980s the taboo has been broken. The chapter shows how major exhibitions have been staged to discuss and reflect on the slave trade, how city councils have built memorials to the victims of slavery, and how scholars and activists, often of African or French Caribbean descent, have played a major part in urging greater transparency and reflection.
Bluegrass Unlimited (1966–1977)
Authors: Lornell Kip 
Published: February 2020

Abstract
Both as a radio program on WAMU-FM and as a specialized magazine, Bluegrass Unlimited informed local fans about “their” music. The impact of the radio show was local, but the magazine soon garnered national attention. The Birchmere, which became the premier spot for bluegrass in the region, was founded by Gary Oelze who still operates this venue. By 1967 all three of these forces were underpinning the local bluegrass community. In the early 1970s the Seldom Scene formed out of the core of the original Country Gentlemen and soon became the most important bluegrass band in DC and, arguably, across the United States. During this period bluegrass became increasingly popular, a trend that only accelerated during the late 1970s and early 1980s.
Not Seldom Heard or Scene (1977–1991)
Authors: Lornell Kip 
Published: February 2020

Abstract
This chapter focuses on the era when bluegrass was most popular in and around Washington, DC. Several dozen venues, ranging from Tiffany Tavern in Old Town Alexandria to Lucketts Bluegrass in Loudon County, offered live bluegrass performances at least once a week and dozens of bands formed to meet this interest. In the early 1980s WAMU-FM offered up to forty hours of bluegrass weekly and much of the station’s income derived from contributions by bluegrass fans. For many months in 1980 the Birchmere booked nothing but bluegrass. Bluegrass reached its height of popularity around the DMV starting in the late 1970s through the early 1980s but by the early 1990s, signs were developing that this halcyon era was coming to an end.
Empirical Asset Pricing via Machine Learning
Authors: Gu Shihao , Kelly Bryan , Xiu Dacheng 
Published: February 2020

Abstract
We perform a comparative analysis of machine learning methods for the canonical problem of empirical asset pricing: measuring asset risk premiums. We demonstrate large economic gains to investors using machine learning forecasts, in some cases doubling the performance of leading regression-based strategies from the literature. We identify the best-performing methods (trees and neural networks) and trace their predictive gains to allowing nonlinear predictor interactions missed by other methods. All methods agree on the same set of dominant predictive signals, a set that includes variations on momentum, liquidity, and volatility.
Authors have furnished an Internet Appendix, which is available on the Oxford University Press Web site next to the link to the final published paper online.
Weekly alternation of morning and afternoon school start times: implications for sleep and daytime functioning of adolescents
Authors: Koscec Bjelajac Adrijana , Bakotic Marija , Ross Biserka 
Published: February 2020

Abstract

Study objectives
To examine sleep patterns of adolescents attending school on alternating morning schedule (MS) and afternoon schedule (AS) and to explore the contribution of sleep characteristics on the AS to prediction of adolescents’ daytime functioning.

Methods
The Croatian adaptation of the School Sleep Habits Survey for a two-shift school system was completed by 2,033 students (11–18 years old, 54 per cent females) whose school start times alternated weekly between 08:00 am and 14:00 pm.

Results
All age groups of adolescents reported delayed sleep when on the school week with an AS as compared with a MS. The average delay of bedtime was 36 minutes, and delay of wake-up time 121 minutes, which resulted in average sleep durations from 9.80 hours in 11-year olds to 8.39 hours in 18-year olds. Having more delayed wake-up times on the AS predicted more substance use and poorer grades. Having more delayed bedtimes not only predicted poorer grades but also predicted less depressed mood. Obtaining relatively longer sleep on AS predicted lower sleepiness, less depressed mood, and less frequent substance use.

Conclusions
The afternoon school start time enables sleep duration that is in line with adolescent sleep biology and contributes positively to daytime functioning. In many cases, a large delay in wake-up time is observed. At least part of that delay is not associated with adolescents’ circadian biology and contributes negatively to some indices of their daytime functioning. Further research of factors associated with extreme delays of sleep and/or interventions that could limit extreme sleep irregularity is required.
Solomon v McCarthy: unwritten trusts of land
Authors: Atkins Scott 
Published: February 2020

Abstract
Unwritten trusts of land have always been troublesome, given that they prima facie infringe the writing requirement set out in section 53 (1) (b) of the Law of Property Act 1925. Ways around the problem exist, so that an unwritten trust may be recognised, but those ways usually rely on an implied trust (which does not require writing under section 53 (2) of the Law of Property Act 1925) or the court to disapply the writing requirement by invoking the maxim that equity will not permit a statute to be used as an instrument of fraud. The latter principle has been recognised as applying where a settlor claims that he himself is also the beneficiary. Recently, the county court in Bristol considered whether that maxim might be used to support an unwritten trust of land made by a settlor in favour of a third-party beneficiary and, for the first time in a reported case, came to the conclusion that it could not.
Evidence for gastrointestinal infection of SARS-CoV-2
Authors: Xiao Fei , Tang Meiwen , Zheng Xiaobin , Li Chunna , He Jianzhong , Hong Zhongsi , Huang Siwen , Zhang Zhenyi , Lin Xianqi , Fang Zhaoxiong , Lai Renxu , Chen Shoudeng , Liu Jing , Huang Jin , Xia Jinyu , Li Zhonghe , Jiang Guanmin , Liu Ye , Li Xiaofeng , Shan Hong 
Published: February 2020

AbstractThe new coronavirus (SARS-CoV-2) outbreak originating from Wuhan, China, poses a threat to global health. While it’s evident that the virus invades respiratory tract and transmits from human to human through airway, other viral tropisms and transmission routes remain unknown. We tested viral RNA in stool from 73 SARS-CoV-2-infected hospitalized patients using rRT-PCR. 53.42% of the patients tested positive in stool. 23.29% of the patients remained positive in feces even after the viral RNA decreased to undetectable level in respiratory tract. The viral RNA was also detected in gastrointestinal tissues. Furthermore, gastric, duodenal and rectal epithelia showed positive immunofluorescent staining of viral host receptor ACE2 and viral nucleocapsid protein in a case of SARS-CoV-2 infection. Our results provide evidence for gastrointestinal infection of SARS-CoV-2, highlighting its potential fecal-oral transmission route.
Electrical coupling between chromatophore muscle fibers allows for versatile control of chromatophore expansion in squid
Authors: Liu Yen-Chyi , Wang Wei-Chun , Grasse Bret 
Published: February 2020

AbstractCamouflage color change in cephalopods is generated by the expansion and relaxation of hundreds to thousands of chromatophore pigment organs in the skin. Individual chromatophores display color when the central pigment sac is expanded to several times its original size by a ring of 20-30 radial muscles, which are electrically coupled and are innervated by multiple motoneurons. However, mechanisms for their neuromuscular control are unclear. Here we characterize chromatophore expansion kinematics and perform simultaneous whole-cell recordings on pairs of muscle fibers of a chromatophore in squid hatchlings. We show that activity is highly correlated between muscle fibers of a chromatophore due to a high ratio of electrical coupling between all muscles for slow currents. However, fast currents are filtered and decrease rapidly further away from the muscle receiving the inputs. This low-pass filtering property of electrical coupling allows fast inputs to activate one muscle while persistent inputs spread throughout the chromatophore to synchronously activate all muscles, providing a versatile mode of control for chromatophore expansion.
Visualizing tumour self-homing with magnetic particle imaging
Authors: Parkins Katie M , Melo Kierstin P , Ronald John A , Foster Paula J 
Published: February 2020

AbstractDue to their innate tumour homing capabilities, in recent years, CTCs have been engineered to express therapeutic genes for targeted treatment of primary and metastatic lesions. Additionally, previous studies have incorporated optical or PET imaging reporter genes to enable noninvasive monitoring of therapeutic CTCs in preclinical tumour models. Here, we demonstrate for the first time, the ability of magnetic particle imaging (MPI) to sensitively detect systemically administered iron-labeled CTCs and to visualize tumour self-homing in a murine model of human breast cancer.
Estimation of the epidemic properties of the 2019 novel coronavirus: A mathematical modeling study
Authors: Li Jinghua , Wang Yijing , Gilmour Stuart , Wang Mengying , Yoneoka Daisuke , Wang Ying , You Xinyi , Gu Jing , Hao Chun , Peng Liping , Du Zhicheng , Xu Dong Roman , Hao Yuantao 
Published: February 2020

AbstractBackgroundThe 2019 novel Coronavirus (COVID-19) emerged in Wuhan, China in December 2019 and has been spreading rapidly in China. Decisions about its pandemic threat and the appropriate level of public health response depend heavily on estimates of its basic reproduction number and assessments of interventions conducted in the early stages of the epidemic.MethodsWe conducted a mathematical modeling study using five independent methods to assess the basic reproduction number (R0) of COVID-19, using data on confirmed cases obtained from the China National Health Commission for the period 10thJanuary – 8thFebruary. We analyzed the data for the period before the closure of Wuhan city (10thJanuary – 23rdJanuary) and the post-closure period (23rdJanuary – 8thFebruary) and for the whole period, to assess both the epidemic risk of the virus and the effectiveness of the closure of Wuhan city on spread of COVID-19.FindingsBefore the closure of Wuhan city the basic reproduction number of COVID-19 was 4.38 (95% CI: 3.63 – 5.13), dropping to 3.41 (95% CI: 3.16 – 3.65) after the closure of Wuhan city. Over the entire epidemic period COVID-19 had a basic reproduction number of 3.39 (95% CI: 3.09 – 3.70), indicating it has a very high transmissibility.InterpretationCOVID-19 is a highly transmissible virus with a very high risk of epidemic outbreak once it emerges in metropolitan areas. The closure of Wuhan city was effective in reducing the severity of the epidemic, but even after closure of the city and the subsequent expansion of that closure to other parts of Hubei the virus remained extremely infectious. Emergency planners in other cities should consider this high infectiousness when considering responses to this virus.FundingNational Natural Science Foundation of China, China Medical Board, National Science and Technology Major Project of China
Is glycaemia associated with poorer brain health and risk of dementia? Cross sectional and follow-up analysis of the UK Biobank
Authors: Garfield Victoria , Farmaki Aliki-Eleni , Eastwood Sophie V. , Mathur Rohini , Rentsch Christopher T. , Bhaskaran Krishnan , Smeeth Liam , Chaturvedi Nish 
Published: February 2020

ABSTRACTINTRODUCTIONTo understand the relationship across the glycaemic spectrum, with brain health.METHODSUK Biobank participants. HbA1c and diabetes diagnosis define baseline glycaemic categories. Outcomes: incident vascular dementia (VD), Alzheimer’s dementia (AD), hippocampal volume (HV), white matter hyperintensity (WMH) volume, cognitive function and decline. Reference group: normoglycaemic individuals (HbA1c 35-<42 mmol/mol).RESULTSPre- and known diabetes increased incident VD, (HR 1.54, 95%CI=1.04;2.28 and 2.97, 95%CI=2.26;3.90). Known diabetes increased AD risk (HR 1.84, 95%CI=1.44;2.36). Pre- and known diabetes elevated risks of cognitive decline (OR 1.42, 1.48;2.96 and 1.39, 1.04;1.75). Pre-diabetes, undiagnosed and known diabetes conferred higher WMH volumes (4%, 26%, 5%,) and lower HV (22.4mm3, 15.2mm3, 62.2mm3). Low-normal HbA1c had 2% lower WMH volume and 13.6mm3 greater HV.DISCUSSIONPre and known diabetes increase VD risks; known diabetes increases AD risk. Low-normal HbA1c associates with favourable neuroimaging outcomes. Our findings may have implications for cardiovascular medication in hyperglycaemia for brain health.