bluuebunny/crossref_metadata_2025_split huggingface dataset:
Quantification of angiogenic characteristics of Naproxen sodium through chorioallantoic membrane assay
Authors: Zahid Hafiz Muhammad Shoaib , Khan Tanveer Ahmed , Ijaz-ul-Haq Muhammad , Riaz Humayun , Raza Syed Atif , Khan Zia Mohy-ud-din 
Published: May 2017

Introduction: The aim of the current study was to determine the angiogenic/anti-angiogenic effect of Naproxen Sodium and to determine the effective dose of NapS for angiogenesis.
Method: Fertilized eggs (5days old) of chicken were acquired from a local hatchery. They were incubated at 37oC with humidity of 55-60%. Then, on the 5th day of incubation, a window about 2cm in diameter was created by removing the shell and then the inner shell membrane. It was done under aseptic environment. There were 5 groups designed. Group A was kept as control and was given 0.2ml PBS, group B, C, D, and E were given 0.1ml of 0.086g/100μl, 0.042g/100μl, 0.021g/100μl and 0.011g/100μl of Naproxen Sodium (NapS) respectively. On the sixth day, prepared concentrations of NapS were administered and eggs were again sealed with paraffin film under aseptic conditions. These were placed back in the incubator for next 24 hours. After 24 hours, eggs were taken out from the incubator and images of all groups were made using a DSL camera. The development of blood vessels and other features were observed using Adobe Photoshop version 7.0, then these images were transferred to scan probing image processing (SPIP) software 6.6.2. The diameters of different blood vessels were measured by using expert design software. The parameters include: the diameter and branching system of blood vessels measured as per mm, and categories of blood vessels; i.e., primary, secondary and tertiary blood vessels. Data were analyzed on SPSS statistical software version 22.0 using ANOVA. Dunnett’s test was applied considering P < 0.05 as significant.
Result: Application of Naproxen sodium on chorioallantoic membrane of day six of incubation showed angiogenic effects in high concentration and anti-angiogenic effect in low concentration. Outcomes indicated significant changes in CAM’s design, thinning of primary, secondary and tertiary blood vessels, reduction in surface roughness parameters, and decrease in Abbott curve. Conclusion: The substantial quantities of Naproxen sodium use locally may exhibit anti-angiogenic activity in the same manner those seen in vitro and explain its clinical efficacy.
"Pay Now, Argue Later" Rule – Before and After the Tax Administration Act
Authors: Keulder Carika 
Published: May 2017

The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the "pay now, argue later" rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991. The "pay now, argue later" rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court. In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the "pay now, argue later" rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism. Since 1 October 2012, the "pay now, argue later" rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that section 164(6) of the Tax Administration Act stipulates that the enforcement of tax be suspended for a period when SARS is considering a request for suspension. Section 164(6) does not provide a solution to the problems identified regarding section 36 of the Value-Added Tax Act. It is even possible that this section could give rise to further problems. Therefore, the legislature has failed to address the imbalance between the duties of SARS and the right of a taxpayer to access the courts.
The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective
Authors: Kruger Johan , Tshoose Clarence Itumeleng 
Published: May 2017

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation.

The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights.

Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level. It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.
Improving Access to Justice Through Compulsory Student Work at University Law Clinics
Authors: Holness Dave 
Published: May 2017

In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which motivate which the establishment of a year’s compulsory community service during the LLB studies, and making clinical legal education compulsory. The motivation includes inducing law students and graduates to aid in the achievement of access to justice. The research then focuses on what the value of community service is in higher education generally.

In the South African civil justice system many ordinary people cannot afford to use the courts because of the expense involved, or because they are ignorant of their rights. This is particularly the case in civil as opposed to criminal matters, as legal aid is more frequently focused on criminal than on civil matters in this country. This paper will consider the role which senior law students may play in rendering pro bono work as part of clinical legal education in their LLB studies. In this regard particular focus will be made on the University of KwaZulu-Natal (UKZN), the only university offering law studies in greater Durban.

As for pro bono work by students during their LLB, consideration could be given to making clinical legal education a compulsory part of such students' curricula. Possible compulsory community service for law graduates (ie post-LLB) as envisaged in the proposed Legal Practice Bill falls beyond the ambit of this paper.
Harnessing Intellectual Property for Development: Some Thoughts on an Appropriate Theoretical Framework
Authors: Ncube Caroline Bongiwe 
Published: May 2017

This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might be based. The paper begins by highlighting the inherent tensions in IP, which are caused by the various stakeholder interests that this body of law seeks to balance, and by the cross-cutting nature of IP. It contends that in order to more equitably balance the contesting rights of the creators and users, IP rights should be formulated and enforced so as to meet societal goals or serve public interest, be responsive to the economic environment, and take cognisance of the human rights claims of both creators and users.

National socio-economic goals should inform such a framework in a way that ensures that IP is used as a means to achieve these goals and is not perceived as an end. This will require nuances in policy and legislation that meet the country's needs. In particular, as a developing country South Africa would do well to exploit available flexibilities in the various international IP agreements by which it is bound.

Due regard also ought to be had to the users' need for affordable access to IP-protected goods in order that they may exercise the right to work and access to knowledge, as provided for by ss 22 and 16 of the Constitution respectively. Similarly, creators ought to be given due recognition, together with reasonable reward and remuneration for their efforts. This will be achieved through the creation of an IP system that provides protection that is compatible with the nature of the good being protected and the manner in which the creative process unfolds. Such protection should rely on registration systems are efficient, simplified and affordable. The accompanying enforcement system should be equally accessible, although the costs of enforcement would depend on the forum used to secure redress. Finally, the resulting IP regulatory framework should be both certain and clear.
What Intellectual Property Lawyers can learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola Cry-Baby": Dealing with "Trademark Bullying" in South Africa
Authors: Louw André M 
Published: May 2017

This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: "Possessing a right does not mean that it is a good idea to enforce it always, and to the hilt. Discretion may be nine parts of possession". It provides some prominent, recent examples of trademark bullying or overly-aggressive enforcement in the IP law context. These examples are mainly from other jurisdictions but they are directly relevant to some of the IP law challenges present in South Africa at the moment. The article further examines why lawyers and rights' holders engage in trademark bullying (why it's done), and start to deal briefly with some of the legal implications. A future article is to examine the legal aspects of trademark bullying in much more detail and considers its legitimacy within the context of IP law, more generally, and some other areas of law, more specifically.
A Critical Investigation of the Relevance and Potential of IDPS as a Local Governance Instrument for Pursuing Social Justice in South Africa
Authors: Fuo Oliver Njuh 
Published: May 2017

Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a “co-responsible” sphere of government, local government is obliged to contribute towards realising the transformative constitutional mandate aimed at social justice. South African scholars and jurists share the view that social justice is primarily concerned with the eradication of poverty and extreme inequalities in access to basic services, and aims to ensure that poor people command sufficient material resources to facilitate their equal participation in socio-political life. In order to enable municipalities to fulfil their broad constitutional mandate, the system of integrated development planning (IDPs) came into effect in South Africa in 2000. Each municipality is obliged to design, adopt and implement an integrated development plan in order to achieve its expanded constitutional mandate. The IDP is considered to be the chief legally prescribed governance instrument for South African municipalities. The purpose of this article is to explore and critically investigate the relevance and potential of IDPs in contributing towards the achievement of social justice in South Africa. This article argues inter alia that the multitude of sectors that converge in an IDP makes it directly relevant and gives it enormous potential to contribute towards social justice because, depending on the context, municipalities could include and implement strategies that specifically respond to diverse areas of human need. In this regard, the legal and policy frameworks for IDPs provide a structured scheme that could be used by municipalities to prioritise and meet the basic needs of especially the poor. Despite its potential, it is argued that the ability of IDPs to respond to the basic needs of the poor is largely constrained by a series of implementation challenges partly attributed to the underlying legal and policy framework.
Achieving Equity in the Fishing Industry: The Fate of Informal Fishers in the Context of The Policy for the Small-Scale Fisheries Sector in South Africa
Authors: Young Michael 
Published: May 2017

The implementation of the Marine Living Resources Act 18 of 1998 which governs fisheries management in South Africa is guided by a series of objectives. Chief amongst these are the need to ensure resource sustainability, promote economic growth and achieve equity in the fishing industry. Striking a balance among these competing imperatives is a necessary but also monumental task, one which South Africa has arguably failed to achieve to date. In particular, as far the equity objective is concerned, a group of fishers, including both subsistence and artisanal fishers, have continued to be marginalised and overlooked in the fishing rights allocation process. The Policy for the Small-Scale Fisheries Sector in South Africa aims to provide recognition and redress to this sector of the fishing industry. It seeks to achieve this objective by adopting a community-based, co-management approach. The Policy accordingly envisages that fishing rights will be allocated to small-scale fishing communities and that these communities will become involved in managing fisheries together with government. This contribution reviews and critically analyses the scope of application of the Small-Scale Policy and the management approach adopted by the Policy, with a view to assessing its potential to achieve the objective of providing redress to the formerly marginalised groups of fishers. This analysis takes place against the backdrop of the significant resource constraints in the fisheries arena and the country’s vision for its future economic development as described in the National Development Plan.
Reflections on Judicial Views of uBuntu
Authors: Himonga Chuma , Taylor Max , Pope Anne 
Published: May 2017

Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has become evident in the jurisprudence that encompasses customary law, eviction, defamation, and criminal law matters. This contribution explores the scope and content of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape. Two major epochs are highlighted in the development of ubuntu, marked by the constitutional decisions in Makwanyane and PE Municipality respectively. The former carved the central avenue of development for ubuntu, while the latter marked the start of the thematic development of the concept in the direction of restorative justice. Furthermore, the article engages critically with the use of ubuntu, with criticisms levelled against the conceptualisation of ubuntu as a legal notion, ranging from its ambiguity to its redundancy, to perceptions of dichotomies, and issues of exclusion. The paper also questions the manner in which the courts have applied the legal concept of ubuntu uncritically, without reference to African sources to illustrate its meaning in different contexts, and without questioning its compatibility with the Bill of Rights. Finally, it attempts to reveal the connections between ubuntu and the values underlying the Bill of Rights.
"Originality" and "Reproduction" in Copyright Law with Special Reference to Photographs
Authors: Harms Louis 
Published: May 2017

Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree of mobility and are also ephemeral and without any commercial value. It is accordingly difficult to justify in general terms copyright protection for photographs. Two of the main legal issues in this context are the criteria for originality and the meaning of the reproduction of a photograph. These two issues form the central point of discussion in this contribution.
New Research on East Germany: An Introduction
Authors: Silberman Marc 
Published: May 2017

Over a quarter century has elapsed since the end of the Cold War and the unification of Germany, enough time for writers, artists, scholars, and the general public to have both remembered their pre-1990 experience and witnessed a series of controversies in the retelling or rewriting of that past. Now we are in the process of a generational shift, not only in the sense of a young adult generation with few of their own memories of divided Germany but also of a younger generation of scholars whose knowledge about the two Germanys has been mediated by their older mentors. I am one of those older mentors and suspect that the next-generation scholars are developing new approaches, sources, and methodologies for research on the German past and present. I have repeatedly considered and reconsidered my own scholarly trajectory vis-à-vis East Germany both before and after unification. But I am convinced that our younger colleagues, who­—for reasons of their own—are drawn to the German Democratic Republic (GDR) and what since unification is known as eastern Germany as an object of interest and even fascination, have important things to communicate.
Negotiating Memories of Everyday Life during the Wende
Authors: Hetzer Maria 
Published: May 2017

Abstract | The visual essay is based on research carried out between 2010 and 2015 under the title “Bodies of Crisis—Remembering the German Wende.” The project mainly consisted of oral-history research and a series of performance events presented in the UK and Germany. In 27 interviews, women from East Germany recollected their embodied quotidian experience amidst the political transition from a socialist to a capitalist state in 1989 and thereafter. Live performance opened up access points for a transcultural translation of this experience involving practitioners from diverse cultural and creative backgrounds. The performance work extended the culturally specific experience beyond the East German case by pointing toward global struggles for existence, acceptance, and emancipation. Résumé | Cet essai visuel est le résultat du projet d’études «Bodies of Crisis – Remembering the German Wende» (Corps de la crise – Souvenir de la chute du Mur), réalisé à l’Université de Warwick de 2010 à 2015. Au moyen de 27 interviews, des femmes de l’Allemagne de l’Est se sont remémoré les expériences corporelles de leur vie quotidienne pendant l’époque troublée de 1989 et 1990. Ces interviews ont jeté la base d’un spectacle vivant impliquant des artistes variés, ouvrant un espace d’expression transculturel et artistique de ces expériences de temps de crise. La performance a montré l’universalité des expériences spécifiques de l’Allemagne de l’Est au regard des enjeux mondiaux que sont la survie, la reconnaissance et l’émancipation.
Beyond Domination: Socialism, Everyday Life in East German Housing Settlements, and New Directions in GDR Historiography
Authors: Rubin Eli 
Published: May 2017

Abstract | Communist societies in Eastern Europe have left behind massive prefabricated housing settlements within and outside cities as perhaps their most visible legacy, often assumed to be a negative legacy. Yet this assumption is a superficial judgment, one indicative of a larger trend in the history of Eastern Europe, especially that of East Germany, which only operates within a framework of power and state versus society. What happens when we examine everyday life in socialism without taking as our starting point a search for state power as the goal of the research? Removing this solipsistic framework, we see a different, more balanced picture, not one that necessarily whitewashes or ignores the presence of the state, but one that clearly tells the story of a kind of socialism that was experienced by ordinary people as a tight-knit community rather than a form of top-down control. Such an analysis points the way forward to a reassessment of Eastern European communist society. Résumé | Beaucoup des grandes ensembles préfabriqués survivent dans les villes des sociétés communistes. Ils sont l’héritage le plus visible de communisme, lieux de mémoire d’un monde profané. Mais ce jugement est superficiel, et c’est partie d’une tendence plus grande dans l’histoire de l’Europe de l’Est, notamment de l’histoire de RDA. Cette tendence perçoit seulement le système de pouvoir. Je vois l’histoire quotidienne dans les ensembles. Cette perspective révèle une société qui a bon fontionné et commence une révaluation de la socio-histoire des pays communists dans l’Europe de l’Est.