bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ombudsman: a Brazilian-Danish approach
Authors: Mello Shirlei Silmara de Freitas , Bønsing Sten 
Published: December 2020

Considerando que o conceito de Ombudsman teve origem nos países nórdicos, mais precisamente na Suécia; que os altos níveis de transparência da Dinamarca e os baixos níveis de corrupção favorecem o desenvolvimento e manutenção das bases de um procedimento administrativo eficiente por meio do devido processo legal em processos administrativos, e que o Brasil, um país de dimensões continentais, ainda tem uma longa caminho a percorrer antes da efetiva consolidação do direito fundamental ao processo, o presente trabalho tem como objetivo apresentar aspectos da atividade do Provedor de Justiça dinamarquês, bem como dados relativos às ouvidorias instaladas no Brasil. Tal análise revela nuances que o controle da administração pública, procedimentalmente, por meio do raciocínio dedutivo (toda atividade estatal deve ser participativa e transparente; se o processo administrativo é uma atividade estatal, então deve buscar a participação e a transparência) será um osso duro de roer. Nesse sentido, é razoável concluir que a definição do conteúdo e a concretização das boas práticas administrativas são fatores determinantes para a solidificação do devido processo judicial nos processos administrativos no Brasil.
REFLEXÃO HISTÓRICO-CRÍTICA DA PROPRIEDADE PRIVADA NO BRASIL / HISTORICAL CRITICAL REFLEXION OF PRIVATE’S PROPERTY IN BRAZIL
Authors: Dias Denise Oliveira , De Oliveira Hamilton Afonso 
Published: December 2020

Trata-se de uma reflexão teórica sobre a formação do direito de propriedade privada no Brasil. O objetivo principal é o de demonstrar como ocorreu historicamente a formação do direito de propriedade no Brasil, abordando as influências contextuais que fizeram parte do processo social de construção e manutenção desse direito, a fim de proceder a uma interpretação mais próxima da intenção do legislador, e observar as fraquezas do sistema jurídico no Brasil. Para o desenvolvimento da pesquisa, foi utilizado o método histórico, que possibilita essa análise crítica da lei, sem se reter a ela mesma, porém, considera os fatores externos que a motivaram. Como resultado, apontou-se que, apesar de o direito de propriedade no Brasil ter se estendido de um direito individual para contemplar uma função social, ainda há a ausência da Justiça Agrária, o que compromete a aplicação da lei.
Source backtracking for dust storm emission inversion using an adjoint method: case study of Northeast China
Authors: Jin Jianbing , Segers Arjo , Liao Hong , Heemink Arnold , Kranenburg Richard , Lin Hai Xiang 
Published: December 2020

Abstract. Emission inversion using data assimilation fundamentally relies on having the correct assumptions about the emission background error covariance.
A perfect covariance accounts for the uncertainty based on prior knowledge and is able to explain differences between model simulations and observations.
In practice, emission uncertainties are constructed empirically; hence, a partially unrepresentative covariance is unavoidable.
Concerning its complex parameterization,
dust emissions are a typical example where the uncertainty could be induced from many
underlying inputs, e.g., information on soil composition and moisture, land cover and erosive wind velocity, and these can hardly be taken into account together.
This paper describes how an adjoint model can be used to detect
errors in the emission uncertainty assumptions.
This adjoint-based sensitivity method could serve as a supplement of a data assimilation inverse modeling system to trace back the error sources in case large observation-minus-simulation residues remain after assimilation based on empirical background covariance. The method follows an application of a data assimilation emission inversion for an extreme severe dust storm over East Asia (Jin et al., 2019b).
The assimilation system successfully resolved observation-minus-simulation
errors using satellite AOD observations in most of the dust-affected regions.
However, a large underestimation of dust in Northeast China remained despite the fact that the assimilated measurements indicated severe dust plumes there. An adjoint implementation
of our dust simulation model is then used to detect the most likely source region for these unresolved dust loads.
The backward modeling points to the Horqin desert as the source region, which was indicated as a non-source region by the existing emission scheme.
The reference emission and uncertainty are then reconstructed over
the Horqin desert by assuming higher surface erodibility.
After the emission reconstruction, the emission inversion is performed
again, and the posterior dust simulations and reality are now in much closer harmony. Based on our results, it is advised that emission sources in dust transport models include the Horqin desert as a more active source region.
Spatially resolved evaluation of Earth system models with satellite column-averaged CO2
Authors: Gier Bettina K. , Buchwitz Michael , Reuter Maximilian , Cox Peter M. , Friedlingstein Pierre , Eyring Veronika 
Published: December 2020

Abstract. Earth system models (ESMs) participating in the Coupled
Model Intercomparison Project Phase 5 (CMIP5) showed large uncertainties in
simulating atmospheric CO2 concentrations. We utilize the Earth System
Model Evaluation Tool (ESMValTool) to evaluate emission-driven CMIP5 and
CMIP6 simulations with satellite data of column-average CO2 mole
fractions (XCO2). XCO2 time series show a large spread among the
model ensembles both in CMIP5 and CMIP6. Compared to the satellite
observations, the models have a bias of +25 to −20 ppmv in CMIP5 and +20
to −15 ppmv in CMIP6, with the multi-model mean biases at +10
and +2 ppmv, respectively. The derived mean atmospheric XCO2 growth
rate (GR) of 2.0 ppmv yr−1 is overestimated by 0.4 ppmv yr−1 in
CMIP5 and 0.3 ppmv yr−1 in CMIP6 for the multi-model mean, with a good
reproduction of the interannual variability. All models capture the expected
increase of the seasonal cycle amplitude (SCA) with increasing latitude, but
most models underestimate the SCA. Any SCA derived from data with missing
values can only be considered an “effective” SCA, as the missing values
could occur at the peaks or troughs. The satellite data are a combined data
product covering the period 2003–2014 based on the Scanning Imaging Absorption
Spectrometer for Atmospheric Chartography (SCIAMACHY)/Envisat
(2003–2012) and Thermal And Near infrared Sensor for carbon Observation
Fourier transform spectrometer/Greenhouse Gases Observing Satellite
(TANSO-FTS/GOSAT) (2009–2014) instruments. While the
combined satellite product shows a strong negative trend of decreasing
effective SCA with increasing XCO2 in the northern midlatitudes, both
CMIP ensembles instead show a non-significant positive trend in the
multi-model mean. The negative trend is reproduced by the models when
sampling them as the observations, attributing it to sampling
characteristics. Applying a mask of the mean data coverage of each satellite
to the models, the effective SCA is higher for the SCIAMACHY/Envisat mask
than when using the TANSO-FTS/GOSAT mask. This induces an artificial
negative trend when using observational sampling over the full period, as
SCIAMACHY/Envisat covers the early period until 2012, with TANSO-FTS/GOSAT
measurements starting in 2009. Overall, the CMIP6 ensemble shows better
agreement with the satellite data than the CMIP5 ensemble in all considered
quantities (XCO2, GR, SCA and trend in SCA). This study shows that the
availability of column-integral CO2 from satellite provides a promising
new way to evaluate the performance of Earth system models on a global
scale, complementing existing studies that are based on in situ measurements
from single ground-based stations.
Uncovering chemical signatures of salinity gradients through compositional analysis of protein sequences
Authors: Dick Jeffrey M. , Yu Miao , Tan Jingqiang 
Published: December 2020

Abstract. Prediction of the direction of change of a system under specified
environmental conditions is one reason for the widespread utility
of thermodynamic models in geochemistry. However, thermodynamic influences
on the chemical compositions of proteins in nature have remained enigmatic
despite much work that demonstrates the impact of environmental conditions
on amino acid frequencies. Here, we present evidence that the dehydrating
effect of salinity is detectable as chemical differences in protein
sequences inferred from (1) metagenomes and metatranscriptomes in regional
salinity gradients and (2) differential gene and protein expression
in microbial cells under hyperosmotic stress. The stoichiometric hydration
state (nH2O), derived from
the number of water molecules in theoretical reactions to form proteins
from a particular set of basis species (glutamine, glutamic acid,
cysteine, O2, H2O), decreases along
salinity gradients, including the Baltic Sea and Amazon River and ocean
plume, and decreases in particle-associated compared to free-living fractions.
However, the proposed metric does not respond as expected for hypersaline
environments. Analysis of data compiled for hyperosmotic stress experiments
under controlled laboratory conditions shows that differentially expressed
proteins are on average shifted toward lower nH2O.
Notably, the dehydration effect is stronger for most organic solutes
compared to NaCl. This new method of compositional analysis can be
used to identify possible thermodynamic effects in the distribution
of proteins along chemical gradients at a range of scales from microbial
mats to oceans.
Het effect van een pro Justitia-rapportage op de bewijsbeslissing: een empirische verkenning
Authors: van Es Roosmarijn , van Doorn Janne , de Keijser Jan , Kunst Maarten 
Published: December 2020

The effect of a forensic mental health report on decisions of guilt in the Netherlands: An empirical exploration
A forensic mental health report is requested in about 30% of more serious cases presented to the criminal court. These reports can be used at sentencing and advise the judge on criminal responsibility, recidivism risk, and possible treatment measures, but is not a formal factor in decisions about guilt. The current study focuses on the (unwarranted) effect of forensic mental health information on conviction decisions. Using an experimental vignette study among 155 criminology students, results show that when a mental disorder is present, conviction rates are higher than when such information is absent. In line with the story model of judicial decision-making, additional analyses showed that this effect was mediated by the evaluation of guilt rather than by the evaluation of other physical evidence. Implications for further research and practice are discussed.
Gelijkebehandelingswetgeving en identiteitsgebonden benoemingsbeleid van orthodox-protestantse scholen
Authors: Rijke Niels 
Published: December 2020

Equal treatment legislation and religious, cultural and social norms in the appointment policy of orthodox-protestant schools – uncertainty about consistency and the exception clause
Within orthodox-protestant schools in The Netherlands there is growing diversity and uncertainty about internal religious, cultural and social norms. Though orthodox-protestant schools are among the strongest semi-autonomous social fields, where it is difficult for equal treatment law to pervade, this growing diversity and uncertainty about internal norms can make this pervasion possible. The uncertainty about the meaning of the exception clause in equal treatment legislation for the appointment policy of religious schools also affects this.Because of the uncertainty about the meaning of the exception clause the position of the school board was strengthened in comparison to the employee, even though the intention of the equal treatment law was the opposite. At a later stage the clarification of the anti-discrimination norm by changing the exception clause has strengthened the position of the employee. Though this is only possible when religious, cultural and social norms are changing. In that case orthodox-protestant schools, as semi-autonomous fields, are more open for the effects of this legal norm.Uncertainty about the meaning of the requirement of a consistent appointment policy has led both to tightening as well as relaxation of the policy. In the first place tightening or relaxation of policies depends on the development of religious, cultural and social norms within different school denominations. Thus, uncertainty about internal norms works both contrary as well as strengthening to uncertainty about equal treatment legislation.
Rechtspleging in Recht der Werkelijkheid
Authors: de Groot-van Leeuwen Leny 
Published: December 2020

Chapeau! (though Popper would not be happy)
The paper highlights the contributions on judges and courts published in Recht der Werkelijkheid from 1980-2020. It addresses three general themes, namely communication in court, the consumers of the law and the professionals of the law, in view of the objective of the journal.The authors of the contributions, newcomers as well as well-known experienced researchers, come from different kind of branches like anthropology, psychology, sociology and history, utilizing quite different approaches, methodologies and theories. They elaborate on each other’s work, methods, empirical findings and theoretical insights, in order to develop new research questions or to conduct research in different contexts. Although the critical-rational ideas of Popper has no many followers among the authors, lessons can be learned for policy makers, judges, lawyers and academics. By bringing the authors together, the journal has made an invaluable contribution to the debate among socio-legal researchers in the Netherlands.
Wetten tussen droom en daad
Authors: Niemeijer Bert 
Published: December 2020

Legislation fulfills crucial functions in regulating society
This article collects publications in this journal about the emergence and effects of legislation. It covers the developments and results of research of the last four decades. First it is concluded that there has been considerable attention to the subject. Second a clear broadening and (theoretical) deepening from different perspectives can be observed. Social-legal research of legislation also appears to have specific characteristics. Subsequently, various points of attention are pointed out, such as more attention to the relationship between legal characteristics and effects, more variation in research methods and more systematic theory-driven research. Finally, attention is drawn to the relationship between (the working of) legislation and social transformations such as globalization, digitization and the increasing and profound influence of social media in society.
Van big five naar high five?
Authors: Huls Nick 
Published: December 2020

From big five to high five
In From big five to high five the author analyzes the developments of sociology of law at the law faculties in the Netherlands since the 1970ies until today. Focusing on the professors (‘chairs’) he argues that after a strong start with five prominent scholars the discipline is now placed in the periphery of the law curriculum. Sociology of law is ‘intellectually strong, but institutionally weak’.The author encourages the present generation professors (‘chairs’) to cooperate more. He claims that writing one modern Dutch Introduction to Sociology of law is crucial to win the hearts and minds of the law students. Furthermore, he suggests that collaborative research projects contributes to the visibility of sociology of law in policy arenas and public debates.
The Appropriate Roles for Equity and Efficiency in a Progressive Individual Income Tax
Authors: Repetti James 
Published: December 2020

Increased focus on economic efficiency in formulating tax policy, at the expense of achieving equity, has resulted in decreased rate progressivity in our individual income tax. This decrease has exacerbated inequality.
There are several explanations for the intense focus on efficiency and reduced emphasis on equity. Predictions of efficiency gains from low individual income tax rates appear more certain than equity gains from progressive tax rates. Efficiency gains seem measurable, while equity gains appear intangible and unquantifiable. In addition, distributive justice, which underlies and shapes tax equity, exists in many abstract forms, some of which may not require progressive tax rates.
This Article argues, however, that the emphasis on efficiency is misplaced. Inequality imposes measurable costs on the health, social well-being, and intergenerational mobility of our citizens, as well as on our democratic process. This is corroborated by significant empirical analysis.
In contrast, empirical analysis shows that anticipated efficiency gains from low individual tax rates are speculative. A consensus exists among economists that taxes within the historical range of rates in the United States have little or no impact on labor supply. Moreover, economists cannot agree whether the myriad empirical studies on savings indicate that progressive tax rates decrease, increase, or have no impact on savings in the United States.
The clear harms arising from inequality and the uncertain harms arising from progressive tax rates, strongly support always giving equity at least equal weight with efficiency in formulating tax policy. But given the high level of inequality in the United States and the currently low and flat tax rate structure, equity should be given more weight than efficiency at this time. Emphasizing equity in a progressive individual income tax will contribute to the health and economic mobility of our citizens, as well as the stability of our democracy.
Voting Rights Compared to Income Taxation and Welfare Benefits Through the Swedish Lens
Authors: Lind Yvette 
Published: December 2020

Ongoing globalization and increased taxpayer mobility not only exacerbate already existing shortcomings when allocating taxing rights but also legal mismatches with regard to access to welfare benefits and voting rights. All three legal areas (taxation, access to welfare benefits, and voting rights) are of importance for those individuals who choose to work across borders or relocate themselves to another state on a more permanent basis. The extent of this importance will, naturally, vary between taxpayer groups due to individual circumstances and needs. Yet, some more general deductions may still be made.
This Article identifies and analyses, through a traditional legal study, legal mismatches between taxation, access to welfare benefits, and voting rights in Sweden. These three legal areas are analysed through the application of a taxpayer case study consisting of six classical taxpayer groups commonly found within international taxation. The result of the study illustrates that there are apparent mismatches between taxpayer groups, some more comprehensible than others.
In conclusion, mobile individuals may, as a result of disparities between tax allocation, formal citizenship, and voting privileges, contribute financially to a state yet not have the possibility to exercise influence over their tax situation due to the lack of formal citizenship and voting privileges in that particular state. Those who vote to change taxation and public spending are not always the same as those who pay taxes. This issue is naturally complex as the group of individuals excluded from such political influence is a highly diverse one, reaching from high net value individuals to stateless persons seeking asylum, subject to individual circumstances and needs. The Article is part of a larger body of work, done under the umbrella of Political (Tax) Equity in a Global Context, in which I explore how increased taxpayer mobility challenges not only traditional legal frameworks associated with taxation but also the allocation of political rights and benefits. The traditional perception of citizenship as the basis for voting rights is, as illustrated through various publications linked to the project, inadequate when dealing with mobile taxpayers.
Validation of the Dépistage Cognitif de Québec in the Oldest Old
Authors: Gravel Amélie , Hudon Carol , Meilleur-Durand Synthia , Sellami Leila , Bergeron David , Paradis Audrey , Verret Louis , Fortin Marie-Pierre , Poulin Stéphane , Macoir Joël , `Bouchard Rémi W. , Laforce Robert Jr 
Published: December 2020

Objective
We aimed to validate the Dépistage Cognitif de Québec (DCQ; www.dcqtest.org) , a new cognitive screening tool for atypical degenerative syndromes, in the oldest old.
Methods
The DCQ was developed by expert behavioural neurologists and clinical neuropsychologists based on updated criteria for Alzheimer’s disease, primary progressive aphasia, and behavioural variant frontotemporal dementia. It targets five relevant cognitive domains: Memory, Visuospatial, Executive, Language, and Behaviour. Validation was performed using a prospective community-based sample consisting of 53 healthy French-speaking Canadian volunteers aged between 80 and 94 years old. Normative data were derived from participants with no history of cognitive difficulties and a Montreal Cognitive Assessment (MoCA) score ≥ 24.
Results
The mean DCQ total score (out of 100) was 84.65 (SD = 6.33). Pearson’s correlation coefficient showed a moderate, but significant, correlation (r = 0.36, p < .01) with the MoCA. Normative data shown in percentiles were stratified by age and education for DCQ total score and for each of the five cognitive domains.
Conclusions
This study suggests that the DCQ is a valid cognitive screen­ing test in the oldest old. It is proposed that the DCQ can help early identification of atypical degenerative syndromes.
Congenital Heart Disease (CHD) in Seniors: a Retrospective Study Defining a Brand New Cohort
Authors: Reich Krista , Moledina Aliza , Kwan Emily , Keir Michelle 
Published: December 2020

Background:
With improved surgical techniques and medical therapy, pa­tients with congenital heart disease (CHD) are now expected to achieve normal life expectancies. As a result, a new cohort of senior patients with adult congenital heart disease (ACHD) is emerging which has not been well characterized.
Methods:
This study is a retrospective chart review of patients with mod­erate to complex CHD over the age of 60 years in Southern Alberta. We examined the number, length, and reasons for hospitalizations, and identified common adult comorbidities.
Results:
A total of 84 patients with CHD who were 60 years or older were identified. The average age was 67.9 ± 6.6 years, with the majority of patients having moderate CHD. The most common cardiac comorbidities were arrhythmia, hyperten­sion, and heart failure, which were also the most common reasons for hospital admission. There were 1.85 admissions per 10 patient-years, with a median length of stay of 6.0 (3.8–10.5) days.
Conclusions:
With advanced age, the ACHD population is at risk of de­veloping significant medical burden from acquired cardiac comorbidities, resulting in hospitalization. This analysis pro­vides insight into disease characteristics of seniors with CHD. Further studies are needed to better understand this population and the association with geriatric syndromes.