bluuebunny/crossref_metadata_2025_split huggingface dataset:
Spatial radionuclide deposition data from the 60 km radial area around the Chernobyl Nuclear Power Plant: results from a sampling survey in 1987
Authors: Kashparov Valery , Levchuk Sviatoslav , Zhurba Marina , Protsak Valentyn , Beresford Nicholas A. , Chaplow Jacqueline S. 
Published: August 2020

Abstract. The data set “Spatial radionuclide deposition data from the 60 radial km area around the Chernobyl nuclear power plant: results from a
sampling survey in 1987” is the latest in a series of data to be published
by the Environmental Information Data Centre (EIDC) describing samples
collected and analysed following the Chernobyl Nuclear Power Plant accident
in 1986. The data result from a survey carried out by the Ukrainian
Institute of Agricultural Radiology (UIAR) in April and May 1987 and includes
sample site information, dose rate, radionuclide (zirconium-95, niobium-95,
ruthenium-106, caesium-134, caesium-137 and cerium-144) deposition, and
exchangeable (determined following 1M NH4Ac extraction of soils)
caesium-134 and 137. The purpose of this paper is to describe the available data and methodology
used for sample collection, sample preparation and analysis. The data will
be useful in reconstructing doses to human and wildlife populations,
answering the current lack of scientific consensus on the effects of
radiation on wildlife in the Chernobyl Exclusion Zone and evaluating
future management options for the Chernobyl-impacted areas of Ukraine and
Belarus. The data and supporting documentation are freely available from the
EIDC under the terms and conditions
of the Open Government Licence (Kashparov et al., 2019; https://doi.org/10.5285/a408ac9d-763e-4f4c-ba72-73bc2d1f596d).
The mudflow disaster at Villa Santa Lucía in Chilean Patagonia: understandings and insights derived from numerical simulation and postevent field surveys
Authors: Somos-Valenzuela Marcelo A. , Oyarzún-Ulloa Joaquín E. , Fustos-Toribio Ivo J. , Garrido-Urzua Natalia , Chen Ningsheng 
Published: August 2020

Abstract. The evaluation of potential landslides in mountain areas is a very complex process. Currently, event understanding is scarce due to information limitations. Identifying the whole chain of events is not a straightforward task, and the impacts of mass-wasting processes depend on the conditions downstream of the origin. In this paper, we present an example that illustrates the complexities in the evaluation of the chain of events that may lead to a natural disaster. On 16 December 2017, a landslide occurred in the Yelcho mountain range (southern Chile). In that event, 7 million m3 of rocks and soil fell on the Yelcho glacier, depositing 2 million m3 on the glacier terminal, and the rest continued downstream, triggering a mudflow that hit Villa Santa Lucía in Chilean
Patagonia and killing 22 people. The complex event was anticipated in the
region by the National Geological and Mining Survey (Sernageomin in Spanish). However, the effects of the terrain characteristics along the
run-out area were more significant than anticipated. In this work, we
evaluate the conditions that enabled the mudflow that hit Villa Santa Lucía.
We used the information generated by Sernageomin's professionals after the
mudflow. We carried out geotechnical tests to characterize the soil. We
simulated the mudflow using two hydrodynamic programs (r.avaflow and Flo-2D)
that can handle the rheology of the water–soil mixture. Our results indicate that the soil is classified as volcanic pumices. This
type of soil can be susceptible to the collapse of the structure when
subjected to shearing (molding), flowing as a viscous liquid. From the
numerical modeling, we concluded that r.avaflow performs better than Flo-2D.
The mudflow was satisfactorily simulated using a water content in the
mixture ranging from 30 % to 40 %, which would have required a source of about 3 million m3 of water. Coupling the simulations and the soil
tests that we performed, we estimated that in the area scoured by the
mudflow, there were probably around 2 800 000 m3 of water within the soil. Therefore, the conditions of the valley were crucial to enhancing the impacts of the landslide. This result is relevant because it highlights the importance of evaluating the complete chain of events to map hazards. We suggest that in future hazard mapping, geotechnical studies in combination with hydrodynamic simulation should be included, in particular when human lives are at risk.
Collaboration to improve descriptive writing facilitated by Padlet: an EFL action research study
Authors: Albán Defilippi Maria Teresa , Miller Kari Lynn , Ramirez-Avila Maria Rossana 
Published: August 2020

Introdução: Este estudo foi realizado em um instituto tecnológico público em Guayaquil, Equador. Objetiva melhorar as habilidades de escrita por meio da colaboração entre estudantes através de Padlet. Participaram 18 estudantes matriculados no primeiro semestre. Metodologia: A aplicação do estudo concentrou-se em uma abordagem construtivista na qual os alunos puderam compartilhar ideias; dar e receber feedback entre colegas e professores; e construir seu próprio conhecimento e entendimento. Esta investigação durou mais de vinte e quatro horas/aula. Emprega um método quantitativo. Diferentes instrumentos, como pré-teste, pós-teste e questionários foram utilizados para a coleta de dados. Resultados: Após a prática, os alunos apresentaram uma melhora de cerca de 11 pontos no pós-teste em comparação ao pré-teste. O resultado deste estudo obteve um d = Cohen de 1,22. Conclusão: O questionário aplicado confirmou que os alunos identificaram a escrita colaborativa em Padlet como útil e enriquecedora. Esta pesquisa é dirigida a professores e diretores envolvidos no campo da educação de EFL que desejam melhorar suas práticas de ensino.
De overtredingen betreffende de veldpolitie: overheveling naar het bestuursrecht?
Authors: van der Vorm B. 
Published: August 2020

De overtredingen betreffende de veldpolitie: overheveling naar het bestuursrecht?
In Titel VII van het Derde Boek van het Wetboek van Strafrecht zijn de overtredingen betreffende de veldpolitie neergelegd. De meeste van deze strafbepalingen, met uitzondering van het bekende artikel 461 Sr, hebben een exotisch en niet-alledaags karakter. De handhaving van deze delicten geschiedt thans door bijzondere opsporingsambtenaren. Een toetsing aan de keuzefactoren, zoals deze zijn geformuleerd in het Nader rapport bestuurlijke boetestelsels en het Integraal afwegingskader, laat zien dat de artikelen 458, 459 en 460 Sr in aanmerking kunnen komen om te worden overgeheveld naar het bestuursrecht. Dit geldt niet voor het bekende artikel 461 Sr.
MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)
Authors: Edwards Susan 
Published: August 2020

In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.
SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL
Authors: Flanagan Brian 
Published: August 2020

The point of judicial recusal is at once obvious and elusive. The idea of a partial judge immediately grates on our sense of fairness. Almost invariably, the normative basis of judicial impartiality is traced to what is described as ‘natural justice’;1 specifically the celebrated maxims of nemo iudex in causa sua2 and audi alteram partem.3 But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward. This article will focus on the implications of the latter principle – perhaps best translated as a standard of judicial open-mindedness regarding the subject matter of a dispute. Despite its moral immediacy, there are serious theoretical objections, best described as ‘realist,’ to an expansive conception of judicial open-mindedness. Likewise, at a practical level, the institution of the dissenting opinion can be seen as diluting the duty to keep an open mind, at least in jurisdictions such as the US where judges are expected to exhibit relatively little deference towards previous decisions in which they were outvoted.
Fornah v Secretary of State for the Home Department, House of Lords [2006] UKHL 46, [2006] 3 FCR 381, [2007] 1 All ER 671
Authors: Edwards Susan 
Published: August 2020

FEMALE GENITAL MUTILATION – VIOLENCE AGAINST GIRLS AND WOMEN AS A PARTICULAR SOCIAL GROUPZainab Esther Fornah was fifteen years old when on 15th March 2003, as an unaccompanied minor, she arrived at UK’s Gatwick airport claiming asylum. As she was a child she was taken into the care of West Sussex Social Services Child Asylum Team. She had fled Sierra Leone where she had been captured by rebels, who had killed her family, and was repeatedly raped. She did not want to return to her uncle’s village fearing that she would be forcibly genitally mutilated, as was customary practice. Whilst her father was alive he was able to protect her from this practice. Female genital mutilation, has variously been described as female circumcision and as clitoridectomy, as if to render benign this very specific inhumane habituated practice against females. It involves cutting away the clitoris, labia minora, labia majora and vulva of a female. The area remaining is then sewn together leaving a small aperture to allow for menstruation and urination. This maiming is often perpetrated without anaesthetic and some children do not survive. The World Health Organisation defines this particular form of torture, somewhat blandly, as “the partial or complete removal of the external female genitalia or other injury to the female genital organs whether for cultural or any other non-therapeutic reason.
Jacob v Shultz-Jacob, 923 A 2d 473, 2007 Pa Super Lexis 957 (Pa Super 2007)
Authors: Rains Robert E 
Published: August 2020

THREE PARENTS?United States Supreme Court Justice Antonin Scalia once famously opined that, “. . . law, like nature itself, makes no provision for dual fatherhood.” Of course, we know that many children today are being raised in households where their primary paternal figure is a stepfather, and their natural father, who is their legal father, may or may not exercise some quantum of visitation/access.2 Moreover, many American jurisdictions today allow same-sex couples to adopt, so that a child has either two mothers or two fathers.3 But the situation which Justice Scalia was addressing involved a child whose mother was married at the time of conception, who apparently was the product of her mother’s affair with another man, and where the mother’s husband had forgiven all and accepted the child as his own.4 Justice Scalia could not imagine that the law, or nature, would permit a child to have three parents, in that case a mother and two fathers. Indeed, in the typical same-sex adoption case, either there is no known father because one of the lesbian partners was inseminated by an anonymous donor,5 or a known donor has agreed to terminate his parental rights.6 In either of those scenarios, a child ends up with the normal number of parents: two.
FORCED MARRIAGE: BIFURCATED VALUES IN THE UK
Authors: Welstead Mary 
Published: August 2020

I begin with a story because, in reality, most law, and particularly family law, is about stories, stories of human encounters. My story is about a 16-year-old Muslim girl, let me call her Jamila (not, of course, her real name) who was born in England, and lived with her parents who originated from a small village in Asia. The family lived a very traditional life in England, alongside other families from a similar cultural background. Jamila’s parents did not wish her to be contaminated by English values which seemed so far removed from their own. Jamila’s father was concerned that his daughter had suddenly started to wet the bed at night. He took her to see an English male doctor whose surgery was close to their home in Birmingham. Jamila arrived for her appointment, beautifully dressed in a traditional salwaar kameez made of silk and chiffon. Her father wished to remain with his daughter during the consultation with the doctor. However, the doctor insisted that he respect the confidentiality between doctor and patient, an accepted essential in England, and told the father that Jamila must be allowed to speak to him on her own. The father reluctantly capitulated.
THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE
Authors: Ward Alan George 
Published: August 2020

Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.
THE CHANGING FACE OF THE CITY
Authors: Halpern Ann 
Published: August 2020

Today, I want to focus on what was until recently called a credit crunch which has now turned into a credit crisis and, in the City, become something of a disaster with jobs and markets disappearing. I am going to look at the origins of the current economic situation and the implications of this for legal work in the City. If I have time I will also mention some recent research about the differences between men and women when it comes to appetite for risk taking and the implications of this for the banking sector in particular.
Smith v Chief Constable of Sussex Police; [2008] UKHL; 50
Authors: Brennan Carol 
Published: August 2020

WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2 Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. The Law Lords embarked on a more extensive examination of these issues in Smith and thus that case will be the exclusive focus of this note. In addition, the study of Smith raises questions regarding proposals for law reform as well as about judicial perceptions of policy priorities.
CONSTRUCTIVE TRUSTS AND THE HOMEMAKER
Authors: Greer Sarah , Pawlowski Mark 
Published: August 2020

To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquire beneficial ownership in the family home under a constructive trust relying purely on domestic contributions as homemaker? The writers examine this question against the background of single and joint ownership cases and suggest that, in the light of recent judicial pronouncements, the criteria for establishing a common intention constructive trust enunciated by Lord Bridge in Lloyds Bank plc v Rosset may have been eroded so as to allow for a much broader inquiry of the claimant’s contributions to support a constructive trust. In particular, it is submitted that this may allow the English courts to consider the same factors for both establishing and quantifying the claimant’s interest in the property which, in turn, may pave the way for a closer assimilation between single and joint ownership cases in this field.
ONCE UPON A COUNTRY. A PALESTINIAN LIFE
Authors: Gearty Conor 
Published: August 2020

Sari Nusseibeh (with Anthony David) (London: Halban, 2009 (2nd edn) 534 pp ISBN 9781905559145This is the autobiography of an academic whose enthralling story is about far more than merely himself. Sari Nusseibeh is a philosopher who is President of Al-Quds University in Jerusalem. His family have been in that city for well over a thousand years – there are stories here about the (female) ancestor who was a first follower of the Prophet and the 7th century relative who was installed by Caliph Omar as the first Moslem high judge of Jerusalem and given custody of the key to the Church of the Holy Sepulchre. This key has mattered a lot to the Nusseibehs; give or take the occasional Crusade, they have held it through the centuries, the Moslem doorkeeper to the fighting Christians on the site of Christ’s crucifixion. Nusseibeh is hilarious on this as he is on so much else in the first half of the book. Dominating these early pages is his extraordinary father: lawyer; tennis player of renown; Cambridge graduate; fighter for the Palestinians (he was shot in the 1948 war and lost a leg); and then (during the Jordanian hegemony that followed that national catastrophe) governor of Jerusalem, Jordan’s Ministry of Defence and her Ambassador to the United Kingdom. His funeral in 1986 ‘turned into the largest political demonstration in Jerusalem since the occupation’ – the ‘crowd like water from a fire hose aimed into a maze’.
PIERCING THE VEIL – A DODO OF A DOCTRINE?
Authors: Alcock Alistair 
Published: August 2020

In the course of the 2012/13 legal year, the Supreme Court has had to consider the doctrine of piercing the corporate veil twice, in VTB Capital plc v Nutritek International Corpn (VTB), and more recently in Prest v Petrodel Resources Ltd (Prest). On both occasions, the Court was in effect asked to remove the whole doctrine from English Law, but narrowly failed to do so, begging the question, does the doctrine really serve any purpose now? Let me start with Prest.
THE EFFECT OF ‘FAIRNESS’ ON PRE-NUPTIAL AGREEMENTS
Authors: Bray Judith 
Published: August 2020

Until the seminal judgment of Radmacher v Granatino pre-nuptial or pre-marital agreements were given limited weight in English law. Prior to this decision there had been considerable debate about the status in law of all nuptial settlements both pre and post marriage. The key question for Radmacher was whether pre-nuptial settlements should attract equal weight as agreements drawn up during the course of a marriage. In MacLeod v MacLeod the Privy Council finally resolved the issue with regard to post-nuptial settlements holding that agreements drawn up post marriage would carry weight when the court decides a claim for financial relief under s.25 Matrimonial Causes Act 1973. The English courts, unlike other jurisdictions, have always been reluctant to uphold agreements, which purport to deprive the court of its jurisdiction in deciding financial provision. There was also an underlying presumption that parties to a marriage did not intend their agreements to form legally binding contracts and finding adequate consideration within such agreements was often difficult unless the agreement is incorporated in a deed. The effect of the Supreme Court’s decision in Radmacher was not to reverse this approach. Pre-nuptial agreements were not made binding on the court but rather the court is invited to give weight to all nuptial agreements subject to certain safeguards. The subsequent decision in Luckwell v Limatagives guidance as to when the court will be prepared to deviate from pre-marital agreements even when the parties have been given independent legal advice and both parties are fully aware of the possible effect of such an agreement.
EDITORIAL INTRODUCTION
Authors: Edwards Susan 
Published: August 2020

I am delighted to announce the publication of our Magna Carta 2015 Special Edition of the Denning Law Journal. Each of our contributors has explored the impact the foundation stone of Magna Carta has had on the development of human rights principles cast in pillars of eternity and owing in no small part to the Magna Carta and the movement for reform. Magna Carta has etched its legacy into the contemporary living instruments of our law as indeed has the judgments of our patron Lord Denning himself.
THE AUSTRALIAN AND INDIAN CONSTITUTIONS, SIMILARITIES, DIFFERENCES AND THE CHALLENGE OF CONSTITUTIONAL CHOICE
Authors: Kirby CMG Michael J 
Published: August 2020

In this article, based on an address to the India Law Institute in New Delhi, the author, a former Justice of the High Court of Australia lists ten features of the constitutions of Australia and India that exhibit similarities; ten features where there are sometimes marked differences; and two areas of operation that illustrate the fact that in constitutional adjudication, especially, judicial decision-makers face what Julius Stone described as “leeways for choice”. By reference to decisions in Australia and India on issues of race, aboriginality and human sexuality, the article identifies the inescapable challenge of choice and suggests useful guideposts.
THE ROLE, INDEPENDENCE AND ACCOUNTABILITY OF THE AUDITOR GENERAL: A COMPARATIVE CONSTITUTIONAL ANALYSIS
Authors: Hatchard John 
Published: August 2020

The Auditor General plays a key role in the constitutional framework that is designed to support good governance. This article critically reviews the constitutional position of the Auditor General. It assesses the extent to which, in practice, office-holders enjoy the necessary individual and institutional independence and security of tenure to enable them to carry out their constitutional mandate, especially in the face of efforts by some political leaders and senior public officials (‘politically exposed persons’ (PEPs)) to abuse their position through acts of corruption and misuse of public office. It also explores the effectiveness of the support and accountability mechanisms for Auditors General. In doing so, the article reviews the position of the Auditor General in the constitutions of a number of Anglophone African states.