bluuebunny/crossref_metadata_2025_split huggingface dataset:
A European View on Enrichment by Performance
Authors: Scheltema M.W. 
Published: February 2017

In this contribution the European legal systems on enrichment by performance are compared. The basis for this comparison is Johnston and Zimmerman (eds.), Unjustified Enrichment, Key Issues in Comparative Perspective. Several issues of enrichment by performance are discussed. First the question when an enrichment by performance occurs is considered. Two main cases can be discerned: the intended discharge of an obligation which does not exist and void contracts or rescission. Subsequently the requirement of mistake is discussed. In most cases this requirement seems not to be of great importance, except in the case of the discharge of another's debt. When an enrichment by performance has occurred, the defendant sometimes has a defence which can entail that only the enrichment surviving has to be compensated for. The valuation of the enrichment is taken into account also. Resolving multi-party relationships is difficult. This is especially true in enrichment cases, but a starting point for resolving these relationships is sought.
The Amended Equal Treatment Directive (2002/73): An Expression of Constitutional Principles / Fundamental Rights
Authors: Koukoulis-Spiliotopoulos Sophia 
Published: February 2017

This paper recalls the constitutional framework within which Directive 2002/73 was adopted, and attempts a first evaluation of some of its ‘new’ provisions in light of this framework. This illuminates a brief discussion of the proposal for a Recast Directive, which aims to ‘simplify, modernize and improve’ gender equality EC law by putting together three gender equality directives, including Directive 2002/73, and which should, therefore, incorporate the whole relevant legislative and jurisprudential acquis. Gender equality enjoys a privileged status under the Treaties. It is an EC ‘task’ and ‘aim’ to ‘eliminate inequalities' and ‘promote’ gender equality in all fields. This ‘positive obligation’ is also incumbent on the EU, since (substantive) gender equality, as a fundamental right, is its cornerstone, and on Member States, via their duty of ‘loyal cooperation’. Gender equality – which is also a strategic Lisbon goal – is thus an essential element of European identity. Directive 2002/73 is an expression of the constitutional principle of gender equality and other constitutional principles, such as those of the protection of family life and effective judicial protection. Its provisions on positive action and maternity/paternity rights, far from constituting derogations from gender equality, are necessary means for its substantive achievement. Therefore, this Directive – like the Recast Directive, once it is adopted – must be construed in a wide, teleological way, so that it can be an effective tool for the substantive implementation of these principles/fundamental rights and contribute to safeguarding and enhancing the human face of Europe.
A ‘Race to the Bottom’ in the EU?
Authors: Birkmose Hanne Søndergaard 
Published: February 2017

The objective of this article is to analyse the incentives of Member States as well as of companies in order to establish whether or not the EU can expect to experience a situation in which there is competition for company incorporations. In the European literature on competition between company law regimes, it has been argued that if conditions for competition were established in the EU then there would not be competition to the same extent as in the USA, primarily because the European Member States lack a financial incentive to compete. However, the financial incentive can not stand alone, and the full range of the Member States' incentives is therefore examined in the context of interest group theory. Whether or not a company will forum shop for the most favourable company law depends on whether the decision-makers of the company have a personal incentive to do so. It is examined who the decision-makers are in different situations and it is concluded that regardless of who may be considered to be the actual decision-maker, it is likely that both the promoters of companies and companies themselves will have a number of incentives, varying in kind and intensity, to forum shop.
Exploring the Interfaces between Contract Law and Property Law: A UK Comparative Approach
Authors: Farran Sue , Cabrelli David 
Published: February 2017

Contract and property law provide two examples of distinct legal approaches: pragmatism and coherency. The different natures and roles of contract law and property law also reflect the distinct qualities of the rights characteristic of both these branches of the law, namely rights in personam and rights in rem. The deviations between the approaches of contract law and property law can be seen most clearly in those transactions which rest upon the interface of property law and contract law. Two transactions lying at this interface are (1) the sale and purchase of property; and (2) the creation and constitution of rights in security over property. In this paper, the nature of these two transactions will be analysed through the looking-glass of two legal systems which are cited as providing examples of (i) the two extreme approaches of pragmatism and coherency and (ii) the comparative differences between them. These are the English law and Scots law systems. The question is whether the positions adopted by Scots law and English law in respect of the two selected transactions are so different? In practical terms, the nature of the rights that sellers and purchasers and security granters and security holders have at different stages of the formation and completion of the transactions of sale and security is extremely important, since whether the right is a right in personam or a right in rem will determine the private international law rules, taxation rules and insolvency rules which are applicable, as well as the nature of the legal remedies which are available to such parties. The comparative analysis of this article is conducted through the prism of five mandatory principles which are considered to be axiomatic in property law regimes grounded in the Civilian Law tradition. These principles are: separation, abstraction, numerus clausus, specificity and publicity. Once a comparative assessment of the applicability of these five principles to the Scots law and English law systems is made, the extent to which these principles are conceptually coherent and/or pragmatic will be considered and certain conclusions drawn.
Compatibility of Dutch School Benefits with EU Law
Authors: Nicolaides Phedon , Shamskho Siavash 
Published: February 2017

In the Netherlands, students are eligible to receive a subsidy – the so-called ‘tegemoetkoming scholieren’. However, the Dutch Ministry of Education, Culture and Science limits the granting of this subsidy only to those students that choose to study in the Netherlands. The question is whether this policy violates the provisions in the Treaty on the Functioning of the European Union (TFEU), which protect the rights of EU students to move freely in order to obtain education in their country of choice. We explain that Member States are bound by EU law not to adopt measures that limit student mobility. More specifically, the non-granting of the Dutch school subsidy to students who pursue education in other Member States infringes Article 21 TFEU. We also consider why the Dutch measure is still in force and why it has not been challenged by the many Dutch students who study abroad or by the European Commission. We test whether the national legal or EU system can assist aggrieved students and we conclude that it is very difficult for them to find redress when Dutch policy is not even recognized as being contrary to fundamental EU principles.
‘Reverse Discrimination’ in EU Law: Constitutional Aberration, Constitutional Necessity, or Judicial Choice?
Authors: Hanf Dominik 
Published: February 2017

This contribution revisits the phenomenon of ‘reverse discrimination in the light of the latest Treaty amendments, recent developments in the CJEU's case law and evolutions in the law of selected Member States. It follows that ‘reverse discrimination’ caused by national measures applying to internal situations in non-harmonized policy fields remains acceptable under EU law as a matter of principle. The Union's non-unitary constitutional structure compels the CJEU to exercise judicial restraint when reviewing such rules against the fundamental freedoms of the Treaties as long as the Union legislator does not address the issue. Although the CJEU's traditional and increasingly incoherent case-law on ‘purely internal situations’ is not a necessary corollary of this reasoning, alternative judicial approaches risk unduly undermining Member States' competences and constitutional identities. Whilst much of the academic debate on reverse discrimination focuses on possible remedies under EU law, this paper also looks at solutions available under national law. Member States are well equipped to address reverse discrimination and to progressively live up to their responsibility in this respect. Evidence from different Member States suggests that national law (subject to an external control of the ECtHR) can provide a valuable and effective tool to assess whether or not restrictions of individual freedoms can be justified by overriding constitutionally recognized principles.
The Penalty Clause Bias
Authors: Nordin Emily 
Published: February 2017

Common law and civil law do not seem to agree on the function of punitive liquidated damages. Whereas penalty clauses are seen as a way of enriching contract law in France and the Netherlands, they are forbidden in the United States. Belgian law has its own hybrid approach to penalty clauses. This article looks to the past, the present and the future role that penalty clauses (could) play in American contract law, by comparing the American situation with that of France, the Netherlands, Belgium, and the harmonization efforts in private law (such as the Draft Common Frame of Reference). It promotes an understanding of the different visions in common and civil law. While recognizing the risks inherent to penalty clauses, the article puts forward that these risks can be better tackled by allowing a judge to reduce excessive or abusive penalty clauses – a power judges already have when dealing with excessive covenants not to compete, or when confronted with excessive punitive damages. It finds support for this statement in law and economics, the nature of contract law and the theory of punitive damages.
The So-Called Pan-European Depositors' Protection Scheme
Authors: de Gioia-Carabellese Pierre , Chessa Corrado 
Published: February 2017

This article focuses on the legal provisions of Directive 2014/49 on deposit guarantee schemes (the DGS Directive) and focuses on how the national schemes financially support each another by offering a critical analysis to demonstrate that the new legal framework is far from satisfactory. This is because the new ‘safety net’, still hinged on depositors' protections schemes that operate at the national level, is fettered by the quantitative limits and legal constraints of mutual borrowing. This ultimately still leaves the EU/EEA depositors with an element of uncertainty. This contribution also seeks to illustrate that the recent mass withdrawal from bank deposits in Greece (in June/July 2015) was an unsuccessful test case for the new legislation, which was ironically already in force at the time the crisis unfolded. This case study of Greece is coupled with the important Landslaki dictum which is given equal attention in this article. Together they give significant credibility to the view that the DGS Directive, seemingly not fully aware of the lessons to be learnt from the 2011 Eurozone crisis, is obsolete and should be amended as soon as possible.
Knowledge and attitudes of medical and nursing practitioners regarding non-beneficial futile care in the intensive care units of Trinidad and Tobago
Authors: Polakala Sridhar , Hariharan Seetharaman , Chen Deryk 
Published: February 2017

Objective To determine the knowledge and attitudes of healthcare personnel regarding the provision of non-beneficial futile care in the intensive care units at the major public hospitals in Trinidad and Tobago. Method Prospective data collection was done using a questionnaire administered to the medical and nursing staff of the intensive care units. The questionnaire was designed to capture the opinions regarding the futile care offered to terminally ill patients at the intensive care units. The responses were based on a five-point Likert scale. The influence of factors such as age, gender, duration of work experience, religious belief, ethnicity, occupational category and educational status on the responses were analysed. Results A total of 274 completed responses (86% response rate) were obtained from doctors and nurses. The frequency with which the respondents encountered ethical or legal problems in the intensive care unit varied widely from ‘daily’ to ‘yearly’. The majority felt that knowledge of ethics is important, and only 32% knew the legal issues pertaining to their work. Eighty percent of doctors and nurses had no knowledge of an existing Hospital Ethics Committee and its role in ethical dilemmas. Although 62% said their decisions regarding futile care will be influenced by their scientific knowledge, only 32% agreed to withdraw care. Eighty percent said that the government should pass appropriate laws regarding withdrawal of futile care. Conclusions Most healthcare providers in intensive care unit are not knowledgeable in the ethical and legal issues of non-beneficial futile care. There is a need to devise means to bring awareness and educate intensive care unit healthcare providers in this subject.
Preferred view and transducer in lumbar ultrasound in overweight and obese patients
Authors: Farahmand Shervin , Safavi Somayeh , Shahriarian Shahriar , Arbab Mona , Basirghafoori Hamed , Bagheri-Hariri Shahram 
Published: February 2017

Background Ultrasound can be used to facilitate lumbar puncture, especially in obese patients. Methods In this study, midline and paramedian approaches with curved and linear transducers were compared in patients with Body Mass Index (BMI) above 25 kg/m2 for the identification of spinal landmarks. In each view, six major landmarks, including spinous process, ligamentum flavum, laminae, epidural space, subarachnoid space and posterior longitudinal ligament, were detected by emergency medicine residents and were then reviewed by radiologists. Results Sixty patients with a mean BMI of 29.18 enrolled in the study. This study showed that a curved transducer detected major landmarks more accurately compared to a linear transducer. There was also a poor kappa correlation between these transducers in the midline and paramedian approaches. Conclusion This study showed that ultrasound can detect lumbar landmarks in overweight and obese patients, with the paramedian approach and a curved transducer being superior to the midline approach and a linear transducer in detecting these landmarks.
Clinical effectiveness and toxicity of second-line irinotecan in advanced gastric and gastroesophageal junction adenocarcinoma: a single-center observational study
Authors: Ochenduszko Sebastian , Puskulluoglu Mirosława , Konopka Kamil , Fijorek Kamil , Slowik Agnieszka Julia , Pędziwiatr Michał , Budzyński Andrzej 
Published: February 2017

Background: Randomized clinical trials showed improved overall survival (OS) of advanced gastroesophageal adenocarcinoma (GEA) patients treated with second-line taxane or irinotecan. However, most data on irinotecan efficacy in this setting come from large Asian trials. We retrospectively analyzed clinical effectiveness and toxicity of irinotecan in a cohort of patients with advanced GEA treated in our department. Methods: Advanced GEA patients who received at least one cycle of second-line irinotecan were eligible for inclusion. Irinotecan was administered every 3 weeks at an initial dose of 250 mg/m2 of body surface area with subsequent gradual (every 50 mg/m2) dose escalation up to 350 mg/m2, in the case of good treatment tolerance. OS was estimated using the Kaplan–Meier method. A multivariate Cox regression analysis was used to examine the association between clinical and laboratory parameters and survival. Results: A total of 48 patients were identified. Median OS was 6.2 months [95% confidence interval (CI): 3.9–7.6]. In multivariate analysis, age < 65 years, baseline total lymphocyte count (TLC) < 1500/µl and presence of peritoneal metastases were associated with shorter OS. Most adverse events were grade 1–2 and included: anemia (52.3%), leukocytopenia (40.9%), neutropenia (59.1%), nausea (25.0%), vomiting (31.8%), diarrhea (31.8%), anorexia (29.5%) and fatigue (43.2%). Febrile neutropenia occurred in three patients (6.8%). Nine patients (20.5%) experienced a toxicity grade 3–4 of any kind. Conclusions: This retrospective analysis confirms clinical effectiveness and manageable toxicity of second-line irinotecan in an unselected cohort of advanced GEA patients. Age < 65 years, baseline TLC < 1500/µl and presence of peritoneal metastases were independent prognostic factors associated with shorter OS.
Double Plating of Distal Fibula Fractures
Authors: Vance Danica D. , Vosseller J. Turner 
Published: February 2017

Introduction. Distal fibula fractures are common orthopaedic injuries that often require open reduction internal fixation (ORIF) to anatomically reduce the fracture and minimize the risk of posttraumatic arthritis. In certain clinical situations, stouter fixation may be advantageous to decrease the risk of fixation failure. In this study, the authors report on 12 patients who underwent distal fibula ORIF with 2 one-third tubular plates. Materials and Methods. Twelve consecutive patients who underwent distal fibula ORIF with 2 one-third tubular plates were retrospectively reviewed. Clinical and radiographic outcomes were reviewed, and functional outcomes were obtained using the Foot and Ankle Outcome Score (FAOS). Institutional review board approval was obtained. Results. All 12 fractures healed clinically and radiographically. One patient was lost to follow-up after healing of the fracture. One patient had removal of fibular hardware at 15 months after surgery. Ten patients had no hardware related pain and good ankle function. FAOS scores were obtained at a mean of 25.6 months after surgery and were as follows: pain (87.6, SD = 9.5), activities of daily living (90.4, SD = 14.5), symptoms (93.3, SD = 9.5), sports (89.5, SD = 18.1), and quality of life (57.4, SD = 21.3). Conclusions. Double plating of distal fibula fractures is a viable technique for problem fractures that potentially provides a readily accessible, low-cost alternative to other means of enhancing fixation. Levels of Evidence: Level IV
Growing Pains
Authors: Lehman Patrick J. , Carl Rebecca L. 
Published: February 2017

Context: The term growing pains describes a common, benign syndrome of recurrent discomfort that occurs in young children. First described in the 1800s, the etiology of this condition remains unclear. The peak incidence does not correspond to a time of rapid growth. Children typically report bilateral pain in the lower extremities that occurs late in the day or at night. Evidence Acquisition: The PubMed database was searched using the keywords growing pains, benign nocturnal limb pains of childhood, recurrent limb pain of childhood, and limb pain in childhood. Articles were also found by reviewing references from the initial PubMed search. Only English-language articles published from 1900 through 2016 were included in the review. Study Design: Clinical review. Level of Evidence: Level 3. Results: When a patient’s history is classic for growing pains and physical examination is normal, laboratory and radiographic evaluation are not needed to make the diagnosis. Findings typical for growing pains include bilateral lower extremity pain usually experienced in the early evening or at night. The pain is not caused by activity and will not cause a limp. Conclusion: Additional workup is warranted for children with an atypical history, systemic symptoms, or for those individuals with physical examination abnormalities such as allodynia, focal tenderness, joint swelling, or decreased joint range of motion. Management of growing pains generally consists of symptomatic care with massage and over-the-counter analgesics, as well as reassurance to children and parents about the benign, self-limited nature of this condition. This review article summarizes data on the epidemiology, etiology, and management of growing pains and provides a framework for distinguishing this entity from other causes of extremity pain.
Skin advanced glycation end-products evaluation in infants according to the type of feeding and mother’s smoking habits
Authors: Federico Giovanni , Gori Martina , Randazzo Emioli , Vierucci Francesco 
Published: February 2017

Objectives: This study was conducted to assess whether formula-fed infants had increased skin advanced glycation end-products compared with breastfed ones. We also evaluated the effect of maternal smoke during pregnancy and lactation on infant skin advanced glycation end-products accumulation. Methods: Advanced glycation end-product–linked skin autofluorescence was measured in 101 infants. Results: In infants born from non-smoking mothers, advanced glycation end-products were higher in formula-fed subjects than in breastfed subjects (0.80 (0.65–0.90) vs 1.00 (0.85–1.05), p < 0.001). Advanced glycation end-products in breastfed infants from smoking mothers were higher than in those from non-smoking mothers (0.80 (0.65–0.90) vs 1.00 (0.90–1.17), p = 0.009). Conclusion: Formula-fed infants had increased amounts of advanced glycation end-products compared with the breastfed ones, confirming that breast milk represents the best food for infants. Breastfed infants from mothers smoking during pregnancy and lactation had increased skin advanced glycation end-products, suggesting that smoke-related advanced glycation end-products transfer throughout breast milk. Moreover, advanced glycation end-products may already increase during gestation, possibly affecting fetal development. Thus, we reinforced that smoking must be stopped during pregnancy and lactation.