bluuebunny/crossref_metadata_2025_split huggingface dataset:
What Confers Political Legitimacy in a Modern Society?
Authors: Wight Martin 
Published: December 2021

AbstractIn this essay Wight considered several sources of legitimacy for a modern Western society. A well-functioning state bureaucracy is a necessity. Popular consultation involving the consent of the governed is also essential. In Britain elective parliamentary democracy meets this need. Citizens must agree on the principle of respecting current laws pending their revision through legal channels. A new authoritative source of legitimacy may replace an old one if citizens transfer their loyalty to it. Time may either heal the injured and legitimate the results of social conflicts or exacerbate antagonisms. Communist regimes and right-wing autocrats such as General Franco in Spain and the Shah of Iran appealed to a principle of ‘legitimation by success’. Other legitimation myths have included ‘childhood ideas of Robin Hood’, ‘the siege’, and ‘the pilgrimage’, but the most fundamental source of legitimacy resides in the blood shed for a society’s independence and the rebirth of its great founding principles. This bloodshed justifies the society’s rededication to pursuing its unfinished work. An opposing question concerns the individual dissenter’s political legitimacy, which must hinge on certain criteria (such as rationality and conscientiousness) to win moral respect. The ‘rationalist illusion’ supposes that citizens can be critical spectators in the proceedings of their own society and its politics. Such detachment is not attainable, and derives from the fallacy that political life can be reduced to the conscious and purposeful management of material needs.
The phenomenology of continuous improvement
Authors: Toner John , Gail Montero Barbara , Moran Aidan 
Published: December 2021

Abstract
In this chapter, the phenomenon of continuous improvement is introduced and it is suggested that conscious processes play a crucial role in the maintenance and improvement of performance proficiency among skilled performers. This thesis is intriguing because it runs counter to a body of research warning us of the perils of thinking too much, or even at all, about highly practised movement. By contrast, it argues that continuous improvement is mediated by a performer’s ability to reflect and consciously guide their action during practice and performance. It critically evaluates some of the dominant paradigms in the skill acquisition literature, including information processing approaches and theories of embodiment, and explains why the book’s stance is intellectualist and pragmatic in nature. Lastly, it provides an overview of the remaining chapters in the book.
A Real Entity Theory of Company Law
Authors: Micheler Eva 
Published: December 2021

Abstract
This chapter provides an overview of a real entity theory of company law. It begins by exploring three main theories of the company. The first theory explains the company as a contract; it forms the basis on which agency theory builds. The second theory conceives the company as a concession of the state, while the third theory characterizes the company as a real entity. The chapter then looks at a modern version of real entity theory and its application to company law. According to real entity theory, organizations or firms are social phenomenon outside of the law and they are autonomous actors in their own right. This occurs because human beings change their behaviour when they act as members of a group or an organization. Company law finds this phenomenon and evolves with a view to supporting autonomous action by organizations.
Corporate Actions
Authors: Micheler Eva 
Published: December 2021

Abstract
This chapter evaluates the rules that determine the attribution of the actions of human actors to companies. These contain elements that demonstrate that company law is designed for the operation of organizations and that therefore a real entity theory is best suited to explain the law as it stands, and also to formulate normative recommendations. Indeed, conceiving companies as serving real entities helps to explain the approach taken by the law in relation to corporate criminal liability. Companies are actors whose acts are sometimes determined by their shareholders and directors. But they do not fully control what companies do. Companies act autonomously through habits and procedures that have formed between the individuals who act for and contribute to them. These procedures cause companies to become independent of their individual actors and can lead to blameworthy conduct.
Hedging (into) Property?—Invisible Trade Secrets and International Trade in Goods
Authors: Lee Nari 
Published: December 2021

Abstract
Trade secrets can encompass all forms of intellectual property subject matter, as well as other types of data, information, and knowledge that may not meet the threshold of eligibility for intellectual property rights. Trade secret protection may be used to prolong existing exclusivity or to hedge the balance of interests that the law aims to seek through restrictions to such exclusivity. Against this backdrop, this chapter asks whether, and to what extent, the law of trade secrets can be used privately to create a regime of property rules in an age of digitised trading, using the recently adopted EU Directive on trade secrets as an example. It asks whether the forms of protection and enforcement required under the EU Directive make it a de facto property right, hedging a liability regime into a proprietary regime, which is created unilaterally by ensuring secrecy and by imposing a duty of confidence.
Technical Assistance as a Hedge to Intellectual Property Exclusivity
Authors: Acquah Daniel 
Published: December 2021

Abstract
This chapter assesses the connection between neo-colonialism and intellectual property. An essential part of the process of neo-colonialism by economic means is the establishment of a legal framework of IP that confers legally enforceable rights that support and safeguard economic penetration and control. This process includes, in a similar way as in colonial times, the guarantee of protection of foreign property rights in developing countries. The TRIPS Agreement and other hard norms, such as TRIPS-plus bilateral trade treaties concluded between the EU and developing countries, further contribute to such neo-colonial control. They promote a particular vision of economic ordering that seeks to increase the level of IP protection beyond that required by TRIPS. However, an often overlooked but essential aspect of such control is that, once these treaties have been concluded, the US, the EU, and other leading industrialised trading blocs actively offer technical assistance with implementation. The chapter argues that such technical assistance further hedges IP's exclusivity through a form of Trojan Horse IP approach and by establishing an elite IP community in developing countries that sees things from the perspective of the dominant industrialized country.
The Revitalisation of the Object and Purpose of the TRIPS Agreement
Authors: Geiger Christophe , Desaunettes-Barbero Luc 
Published: December 2021

Abstract
The limited role the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (Arts 7 and 8) have played so far in the interpretation and implementation of its substantive provisions has often been criticised. The WTO Panel and Appellate Body Reports in the ‘Australia—Plain Packaging’ dispute are likely to change this situation for the future as, for the first time, the World Trade Organization (WTO) dispute settlement bodies fully engaged with Arts 7 and 8 to interpret Art 20 relative to the use of trade marks. Reliance on these provisions led the Panel and the Appellate Body to conclude that there are legitimate reasons for which Members may encumber trade mark use. The awakening of these two long dormant provisions could have a fundamental impact in offering the possibility of a more flexible reading of TRIPS. It could indeed secure the adaptability of intellectual property rights to the evolution of economic, technological and social circumstances by guaranteeing a more balanced interpretation of the limitations and exceptions included in the Agreement, for example, as advocated several years ago by a group of international IP scholars in the ‘Declaration on a balanced interpretation of the three-step test’. Furthermore, the use of these two provisions could serve as a gateway for the taking into account of ethical imperatives, supported by international human rights in the interpretation of the TRIPS norms, such as, for example, public health imperatives, crucial in the context of pandemics. Such a reading has been advocated in the past and the ‘Plain Packaging’ reports might lead to a more frequent and welcome reliance on human rights arguments in the context of international trade law.
Introduction
Authors: Whitehouse Harvey 
Published: December 2021

Abstract
All around the world and throughout known history, human beings have come together to dance, sing, chant, give thanks, mark changes in life, or celebrate communal achievements. These activities always entail the performance of closely stipulated actions, often using unusual artefacts or displaying distinctive hairstyles, clothing, or body decorations. Each cultural group acts as a vast repository of unique rules for how to do these things. In this introductory chapter, the aim is to capture some the diversity of cultural rituals, survey various efforts to explain that diversity, and introduce the theory of modes of religiosity around which the book as a whole is constructed.
Overimitation and the Ritual Stance
Authors: Whitehouse Harvey 
Published: December 2021

Abstract
To engage in ritual is to adopt a unique stance on behaviour—one that forfeits all hope of ever discovering a causal structure in the actions involved. Rituals are causally opaque not only in a provisional or potentially resolvable way but irretrievably so. Psychologists describe the copying of such behaviour as ‘overimitation’—the uniquely human tendency to imitate actions modelled by others that have no transparent instrumental rationale but are simply that way because it is the established convention. This chapter explores the evolutionary origins of the ritual stance, as well as some of the many ways in which cultural systems exploit it to create magic, meaning, and mythology.
A Monument to Succession
Authors: Akkerman Nadine 
Published: December 2021

Abstract
This chapter begins by describing the monumentalisation of Elizabeth Stuart's grandmother Mary, Queen of Scots, and of her godmother Elizabeth I in preparation for the wedding of the century – Elizabeth Stuart to the Elector Palatine-in-waiting Frederick V in 1613. Frederick arrived in England with one purpose in mind: to marry England's only princess. It then returns to Elizabeth’s birth, detailing the arguments over her baptism and naming after Elizabeth I. It considers her upbringing at the hands of the Catholic Lady Livingstone, and the subsequent friction with the Scottish Kirk. Following the death of the English Queen Elizabeth I and awaiting James VI of Scotland’s accession as James I of England, Elizabeth’s mother Queen Anna rode to Stirling Castle to claim her son, the heir to the throne, Prince Henry. Though the arguments with his guardians the Mars would lead to Anna’s miscarrying, she prevailed and was soon en route south with Henry and Elizabeth by her side, though the small and sickly Charles remained in the north. The journey south presented many opportunities for the English to seek position with the new royal family, and none took advantage so skillfully as the Haringtons, who were soon named as guardians to the Princess Elizabeth. Even though it is possible that Henry and Elizabeth had never met before their journey to England, they became almost inseparable, as matching portraits of them suggest. As the political dance of marriage proposals began, Elizabeth and Henry left Windsor to set up a joint court at Oatlands.
Troubles in Prague Escalate
Authors: Akkerman Nadine 
Published: December 2021

Abstract
Although the Bohemian princes had rallied behind their new king, those of the Empire as a whole, Protestant and Catholic alike, agreed that Frederick should abdicate. Frederick refused on matters of law, but the Emperor saw only recalcitrance, and four armies were raised against Frederick. Elizabeth asked her father for help but even though he sent Sir Andrew Gray with soldiers to aid her, he stopped short of the unequivocal support she demanded – and Elizabeth blamed the Spanish faction at his court. James continued to make diplomatic overtures, but a miscalculation on his part allowed the Spanish to attack the Palatinate with impunity while the Protestant Union was effectively neutralised. In September of 1620, Elizabeth found herself alone in Prague as the situation became increasingly desperate, and she sent her eldest son, Frederick Henry, away for his own safety. Frederick pleaded with her to leave Prague as well but she refused to abandon her subjects. In November 1620, Fredrick’s armies were crushed at the Battle of White Mountain and he and Elizabeth were forced to flee, leaving many of their possessions behind when the wagon train carrying them was attacked by rogue members of their own forces. Elizabeth fled cradling one son, Rupert, in her arms while pregnant with another, Maurice, to whom she gave birth while on the run. As support for the deposed King and Queen of Bohemia melted away, they made for Rotterdam in the United Provinces and home of Frederick’s cousin, Maurice, Prince of Orange.
A Widow’s Weeds
Authors: Akkerman Nadine 
Published: December 2021

Abstract
Frederick V’s unexpected death was accompanied by fear that Elizabeth’s grief would overcome her, and that the Palatinate would never be recovered from the Swedes. Charles I sent for her, but she refused the invitation, citing familial obligations. Now a widow, Elizabeth needed to fight for her children to save the Palatinate alone, and asserted her position through art and diplomacy, but she had a rival – Amalia von Solms, once her lady-in-waiting, now Princess of Orange. The two courts struggled for dominance. Elizabeth created a cult of widowhood, dressing in black for the rest of her life, and from this moment would fight her battles via her secretaries, also absorbing Frederick's secretariat into her own, doubling its size. The Swedes demanded 6,000 Imperial dollars for her dower Frankenthal as compensation for war expenses. Sir Francis Nethersole, her secretary for foreign affairs, attempted to raise a voluntary contribution in England for this purpose. Charles, troubled that this contribution was not kept more low-key and afraid public knowledge would put pressure upon him to recall parliament, attacked Nethersole. Nethersole was first pardoned, but thereafter incarcerated when Elizabeth again tried to raise money to buy back the Palatinate in order to avoid embracing the French protection. She was forced to dismiss Nethersole to obtain his release. Her supporters such as Sir Thomas Roe felt threatened and her other secretaries became pariahs at the Stuart court. By incapacitating her secretaries, Charles drew the sting from her party's implicit challenge to his authority.
Undesirable Matches, Unfortunate Endings
Authors: Akkerman Nadine 
Published: December 2021

Abstract
Elizabeth’s son Edward married Anne de Gonzaga, a French-Italian noblewoman he met while at the French court, to great scandal, not least because, in the process, he converted to Catholicism. In The Hague, the conflict between Elizabeth and Amalia continued apace, as both sought to win the hand of Frederick William, Elector of Brandenburg for their respective daughters Louise Hollandine and Louise Henriette – Amalia won this round. The House of Commons agreed to renew Elizabeth’s allowance if she dismiss Johnson (Laud had recently lost his head) and replace him with a chaplain of their choosing, William Cooper. Elizabeth did so willingly, but secretly engaged another, George Morley. Charles I was taken prisoner by Parliament, and Rupert and Maurice both fled the country. In The Hague, Elizabeth’s son Philip attracted outrage and his mother’s ire by murdering her court favourite, Count L’Espinay. Descartes and Elisabeth discuss the nature of the passions, and whether an individual can be held responsible for their actions when in their grip. Elizabeth cannot forgive Philip, however, and his sister’s attempts to mediate for him lead to the two women falling out – Elisabeth is sent to German relatives. The Prince of Orange, Frederick Henry, carries out his final military movements before his death in March 1647. The new Prince, William II, opposed his mother Amalia over the Peace of Westphalia. Elizabeth’s nephew Charles Stuart arrived in The Hague and the king her brother is executed by Parliament.
AKEBIA THERAPEUTICS INC v FIBROGEN, INC
Authors:   Patents Court
Published: December 2021

Abstract
H1 Patents – European patents – Pharmaceuticals – Treatment of anaemia – Revocation – Infringement – Construction – Obviousness – Obvious to try – Reasonable expectation of success – Hindsight – Expert evidence – Sequential unmasking – Insufficiency – Excessive claim breadth – Uncertainty – Identification of technical contribution – Principles of general application – Plausibility – Undue burden – AgrEvo obviousness – Equivalence – File prosecution history – Process limited product claims – Indirect infringement – Means relating to an essential element of the invention – Whether suitable for putting and intended to put invention into effect – “Off-label” use – State of mind of defendants – Intentions of prescribing clinicians – Quia timet claims – Whether stay of infringement claim appropriate
The association of acculturative stress with self-reported sleep disturbance and sleep duration among Asian Americans
Authors: Lee Sunmin , Ryu Soomin , Lee Grace E , Kawachi Ichiro , Morey Brittany N , Slopen Natalie 
Published: December 2021

AbstractStudy ObjectivesThis study aims to examine associations between acculturative stress—defined as the psychological impact, or stress reaction, of adapting to a new cultural context—and self-reported sleep outcomes among Chinese and Korean immigrants in the United States.MethodsIn this cross-sectional study, acculturative stress was assessed using a 9-item scale, and sleep disturbance was measured using the 8-item scale. Sleep duration was self-reported. Poisson and linear regression analyses were conducted to examine the associations between acculturative stress, sleep disturbance, and sleep duration.ResultsOur sample consists of 400 participants (females: 52%, Chinese: 50%, Koreans: 50%, the mean of age = 58.4). 81.8% of them were classified as having no sleep disturbance, whereas 18.2% were classified as having sleep disturbance. Poisson models revealed that greater acculturative stress was associated with a higher prevalence of sleep disturbance (Prevalence Ratio (PR): 1.18, 95% confidence interval (CI): 1.06% to 1.31%). In linear models, a one-unit increase in acculturative stress was associated with 0.08 hr less sleep (p &lt; .05). Interaction tests indicated effect modification for sleep disturbance by sex and ethnic identity: only women had a significant association between acculturative stress and sleep disturbance (PR: 1.30; 95% CI: 1.13 to 1.49), while the association was significant for individuals identifying as “very Asian” (PR: 1.21; 95% CI: 1.08 to 1.35), but not for those identifying as “mostly Asian” or “bicultural/western”.ConclusionsIf findings are replicated, we suggest developing intervention programs for Asian immigrants to minimize acculturative stress and bolster protective factors that decrease the risk for poor sleep outcomes.Information on Clinical Trial:Name: Screening To Prevent ColoRectal Cancer (STOP CRC) among At-Risk Asian American Primary Care PatientsNCT Number: NCT03481296URL: https://clinicaltrials.gov/ct2/show/NCT03481296?term=Sunmin+Lee&draw=2&rank=1
Effects of shear force reduction during mechanical testing and day-to-day variation on stiffness of commercial prosthetic feet: a technical note
Authors: Halsne Elizabeth G. , Turner Anne T. , Curran Carl S. , Hansen Andrew H. , Hafner Brian J. , Caputo Joshua M. , Morgenroth David C. 
Published: December 2021

Background:
Mechanical testing is the principal method used to quantify properties of commercial prosthetic feet in a controlled and standardized manner. To test feet in a mechanical testing machine without overconstraining the system, tangential shear forces must be minimized. However, there is scant published information comparing techniques for reducing shear forces during mechanical testing. Furthermore, there are no data on variability in linear stiffness across testing sessions.

Objectives:
To compare techniques for reducing shear forces during mechanical testing of prosthetic feet and to evaluate variation in linear stiffness across testing sessions.

Study design:
Repeated measures.

Technique:
Force–displacement data were collected at two pylon progression angles, one for the forefoot and one for the heel, and compared across three conditions: roller plate (RoPl), low-friction interface on the shoe (SB), and no method for reducing shear forces (NoSB). Data were collected for a range of commercial prosthetic foot models and sizes. Select data were collected over multiple days to assess variation over test sessions.

Results:
Differences in stiffness between RoPl and SB test conditions ranged from −0.9% to +2.6% across foot models. By contrast, differences between RoPl and no method for reducing shear conditions ranged from −2.9% to +14.6%. Differences in linear stiffness between test sessions ranged from −2.2% to +3.6%.

Conclusions:
Methods for reducing shear force in this study demonstrated roughly equivalent effects. Thus, a low-friction interface may be used as a less expensive and less complex method for reducing shear force in prosthetic foot testing. In addition, mechanical testing results were relatively consistent across multiple test sessions, lending confidence to test consistency.
Synaptosome microRNAs regulate synapse functions in Alzheimer’s disease
Authors: Kumar Subodh , Orlov Erika , Gowda Prashanth , Bose Chhanda , Swerdlow Russell H. , Lahiri Debomoy K. , Reddy P. Hemachandra 
Published: December 2021

AbstractMicroRNAs (miRNAs) are found in nerve terminals, synaptic vesicles, and synaptosomes, but it is unclear whether synaptic and cytosolic miRNA populations differ in Alzheimer’s disease (AD) or if synaptosomal miRNAs affect AD synapse activity. To address these questions, we generated synaptosomes and cytosolic fractions from postmortem brains of AD and unaffected control (UC) samples and analyzed them using a global Affymetrix miRNAs microarray platform. A group of miRNAs significantly differed (p<0.0001) with high fold changes variance (+/- >200-fold) in their expressions in different comparisons- 1) UC synaptosome vs UC cytosol, 2) AD synaptosomes vs AD cytosol, 3) AD cytosol vs UC cytosol, and 4) AD synaptosomes vs UC synaptosomes. MiRNAs data analysis revealed that some potential miRNAs were consistently different across sample groups. These differentially expressed miRNAs were further validated using AD postmortem brains, brains of APP transgenic (Tg2576), Tau transgenic (P301L), and wild type mice. The miR-501-3p, miR-502-3p and miR-877-5p were identified as potential synaptosomal miRNAs upregulated with disease progression based on AD Braak stages. Gene Ontology Enrichment and Ingenuity Pathway Analysis of synaptosomal miRNAs showed the involvement of miRNAs in nervous system development, cell junction organization, synapse assembly formation, and function of GABAergic synapse. This is the first description of synaptic versus cytosolic miRNAs in AD and their significance in synapse function.