bluuebunny/crossref_metadata_2025_split huggingface dataset:
A New Theory of Jurisdiction in International Law
Authors: Ryngaert Cedric 
Published: August 2024

Abstract
This chapter first shows how the exercise of unilateral jurisdiction by States has become nearly inevitable in an era of globalization of business transactions as well as value conceptions. It then sets out the tenets of “substantivism”. It argues that multilateral solutions to transnational regulatory problems are unlikely to materialize across the board, and that internationally harmonized laws are, in terms of fairness, not necessarily preferable over the unilateral exercise of jurisdiction. Next, the chapter presents this study’s de lege ferenda approach to solving jurisdictional conflict. A “positive sovereignty” principle is proposed, pursuant to which States are allowed to apply their laws to a foreign situation, to the extent that the State that has the stronger nexus to the situation fails to adequately deal with, in a manner that is, on aggregate, harmful to the regulatory interests of the international community. By emphasizing global economic and value interests, this principle of subsidiary jurisdiction departs from the classical, negative understanding of the law of jurisdiction as a law that protects the interests of sovereign States.
Life
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
The American Convention, in its Article 4, is the only human rights treaty that expressly determines the point from which the right to life must be protected: “in general, from the moment of conception.” The Court has found arbitrary deprivations of life in numerous contexts, such as cases involving the death penalty, disproportionate police or military force, and internal armed conflicts. The Inter-American System has been a pioneer in the conceptual development of the crime of forced disappearance. Inter-American human rights law demands that States adopt numerous positive measures to safeguard life, including legislative action, prevention of violence, and the investigation and punishment of crime—all according to the due diligence standard. At times, the Court’s judgments blur positive and negative State duties in this area. The Tribunal has recognized rights to health, education, culture, food, and clean water as components of the right to life.
Personal Liberty
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
The Convention’s Article 7 establishes the general right of all persons to not be deprived illegally or arbitrarily of their liberty; in addition, it contains specific protections for individuals who have been deprived of their freedom. To activate the protections of Article 7, the Court does not require a minimum duration or specific location for the detention. Consequently, the Tribunal has found violations to Article 7 in a wide range of detention scenarios. We consider the Court’s current method of interpreting legality and arbitrariness to be flawed in certain respects. For example, unlike other international human rights tribunals, the Court often considers only the relevant domestic law, and not international law, in its assessment of a detention’s legality. When the Court narrows its legality inquiry to the letter of national law, international human rights may be limited or distorted, and the State’s discretion to restrict liberty may be increased.
The Modern System of Investor-State Arbitration
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
This chapter discusses the emergence of the modern system of investor-state arbitration. Topics covered include the origins of investor-state arbitration, the creation of the International Centre for the Settlement of Investment Disputes (ICSID) and its role in the new system of investor-state arbitration, bilateral investment treaties, multilateral investment treaties, and national investment legislation.
Consolidation under Relevant Arbitration Rules or Treaties
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
Consolidation in the context of investment treaty arbitration is a challenging task. Apart from the complexity of legal and factual issues involved, which makes it difficult to assess whether separate arbitrations are similar enough to allow a tribunal to consolidate them, the institutional and ad hoc rules governing investment treaty arbitrations usually do not have any rules governing this matter. This chapter examines the consolidation of claims under the ICSID, UNCITRAL, NAFTA, and International Chamber of Commerce (ICC) rules, as well as the potential ramifications for enforcement of awards under the New York Convention.
The Nationality of the Investor
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
This chapter examines a range of legal issues which relate to the qualification of a natural or legal person as an investor under customary international law, investment protection treaties and legislation, and the Washington Convention. These include the status of minority, noncontrolling, and indirect shareholders; and issues arising out of change of nationality of investors and their implications for jurisdiction of arbitral tribunals under investment treaties and the Washington Convention.
Discrimination
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
The principle of non-discrimination is one of the basic protections for foreign investors and investments in host nations. Investment treaties provide guarantees against discrimination in three different ways. First, national treatment ensures that foreign investors will be treated no less favorably than similarly situated domestic investors. Second, most-favored-nation (MFN) treatment ensures that foreign investors will not be treated less favorably than investors from any third country. Finally, some treaties contain a provision that prohibits arbitrary and discriminatory impairment of investments by the host state. This chapter analyzes the basic elements of these protections and the difficulties faced by tribunals adjudicating discrimination claims
Expropriation
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
Expropriation is the taking by a government of privately owned property, also known in the common law as eminent domain. Such a taking is universally recognized as within the inherent power of a state over property located in its territory, and where the state expropriates only its own citizens' property, international law is not implicated. This chapter begins by presenting a historical overview of expropriation. It then discusses investments and property protected against expropriation, the role of investment treaties and investment insurance regimes, the problem of indirect or regulatory expropriation, and the current US approach to indirect or regulatory expropriation.
Damages, Compensation, and Non-Pecuniary Remedies
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
This chapter focuses on compensation, which is the most common remedy awarded by international tribunals. The chapter proceeds as follows. Section B examines the function of reparation by analyzing the dictum of the Permanent Court of International Justice in the Chorzów Factory case. Section C covers non-pecuniary remedies, including restitution and specific performance. Section D examines standards of compensation for expropriation and other treaty breaches. Section E explains a variety of valuation methods that have been used by international tribunals. Section F discusses the specific problem of valuing projects that have not become profitable. Section G examines compensation for breach of contract. Section H examines factors limiting the amount of compensation, such as absence of causation, contributory fault, and the obligation to mitigate damages. Section I examines the role of equity in awarding damages. Finally, sections J and K provide an overview of interest, costs, and attorneys' fees.
The Relationship between Patent and Antitrust Law
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter explores the issue of how competition policy governs intellectual property rights (IPRs). It addresses whether antitrust performs a limiting function, applying only to anticompetitive effects falling outside the scope of a patent. Showing that the answer is no, it examines how competition and patent law actually intersect. It considers how recent US and EU decisions shed light on their relationship, and articulates a theory governing doctrine in this space. It argues that a better way to understand the antitrust–patent intersection is to treat each of the two systems as sovereign—that is, mutually exclusive in application—but to discern discrete roles for each. The patent-scope approach, which relies on claim construction to identify lawful anticompetitive restraints, has one thing right: it tries to carve out non-overlapping roles for the competition and IP laws.
Manipulation of the Standard-Setting Process
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter focuses on issues unique to the use of patents in the standard-setting process. In particular, some patentees have convinced standard setting organizations (SSOs) to adopt their proprietary technologies through false promises to license on fair, reasonable, and nondiscriminatory (FRAND) terms or by concealing their patent holdings. Competition issues may arise if owners of standard-essential patents (SEPs) either renege on their FRAND-licensing promises or assert their undisclosed patents against those implementing the standards. The chapter is organized as follows. Section II explores the smartphone wars that have brought many SEP-antitrust issues to the fore. Section III addresses three questions. First, can a patentee violate antitrust law by concealing a SEP and later seeking non-FRAND licensing terms? Second, may the owner of a FRAND-encumbered SEP demand an injunction? Third, how do courts define FRAND royalty terms? Section IV discusses antitrust limits on SEP assertion in the EU.
Exclusionary Agreements in the Biopharmaceutical Industry
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter discusses antitrust issues in the biopharmaceutical industry, focusing on pay-for-delay agreements. Paying for delay raises fascinating policy issues, dividing commentators and courts alike. Post-Actavis, for instance, both US and EU law would condemn a patentee that settles infringement litigation by paying the accused infringer to stay out of the market. If the same patentee later successfully sued another entrant, proving infringement and successfully opposing an invalidity challenge, its earlier reverse-payment settlement would thus have imposed anticompetitive effects subsumed within the claims of a valid patent. Yet, an antitrust violation would endure. Given the complexity of pay-for-delay agreements, the chapter begins with an economic assessment of this conduct. Having explained that, in most cases, reverse exclusionary payments benefit the contracting parties at disproportionate cost to society, it discusses the current state of US and EU law, which remains in flux at the time of writing.
Distinct relapse pattern across molecular ependymoma types
Authors: Obrecht-Sturm Denise , Schoof Melanie , Eckhardt Alicia , Mynarek Martin , Gilbert Mark R , Aldape Kenneth , Armstrong Terri S , Ramaswamy Vijay , Bockmayr Michael , von Hoff Katja , Fleischhack Gudrun , Adolph Jonas E , Tippelt Stephan , Pfister Stefan M , Pajtler Kristian , Sturm Dominik , Drexler Richard , Ricklefs Franz L , Stepien Natalia , Gojo Johannes , Pietsch Torsten , Warmuth-Metz Monika , Kortmann Rolf , Timmermann Beate , Haberler Christine , Rutkowski Stefan , Schüller Ulrich 
Published: August 2024

Abstract

Background
Ependymoma (EPN) is not a uniform disease but represents different disease types with biological and clinical heterogeneity. However, the pattern of when and where different types of EPN relapse is not yet comprehensively described.

Methods
We assembled 269 relapsed intracranial EPN from pediatric (n = 233) and adult (n = 36) patients from European and Northern American cohorts and correlated DNA methylation patterns and copy-number alterations with clinical information.

Results
The cohort comprised the following molecular EPN types: PF-EPN-A (n = 177), ST-EPN-ZFTA (n = 45), PF-EPN-B (n = 31), PF-EPN-SE (n = 12), and ST-EPN-YAP (n = 4). First relapses of PF-EPN-B (PF: posterior-fossa) and PF-EPN-SE (SE: subependymoma) occurred later than of PF-EPN-A, ST-EPN-YAP (ST: supratentorial), or ST-EPN-ZFTA (median time to relapse: 4.3 and 6.0 years vs. 1.9/1.0/2.4 years; P &lt; .01). Metastatic or combined recurrences in PF-EPN-B and -A more often involved the spinal cord than in ST-EPN-ZFTA (72.7% and 40.0 vs. 12.5%; P &lt; .01). No distant relapses were observed in ST-EPN-YAP (n = 4) or PF-EPN-SE (n = 12). Post-relapse survival (PRS) was poor for PF-EPN-A and ST-EPN-ZFTA (5-year PRS: 44.5% ± 4.4%/47.8% ± 9.1%), whereas PF-EPN-B and PF-EPN-SE displayed a 5-year PRS of 89.5% ± 7.1%/90.0% ± 9.5% (P = .03). However, 10-year PRS for PF-EPN-B dropped to 45.8% ± 17.3%. Neither between the radiation field and relapse pattern nor between the radiation field and spinal involvement at relapse an impact was identified. Notably, all patients with relapsed ST-EPN-YAP did not receive upfront radiotherapy but were successfully salvaged using irradiation at relapse.

Conclusions
Relapse patterns of specific EPN types are different. Future clinical trials, treatment adaptions, duration of surveillance, and diagnostics should be planned to incorporate entity-specific relapse information.
Falsifying falsification
Authors: Young Jae Choi 
Published: August 2024

Abstract
Almost a decade after the UKSC’s decision of AIB v Redler, there remains significant academic criticism and judicial scepticism towards the employment of causal inquiries in equity’s remedial response to trustees’ misapplications of trust property. This article seeks to defend AIB, and the causal principles enunciated therein, from those criticisms. It does so by arguing that the interpretative arguments and normative justifications propounded in the literature in favour of falsification orders rest on shaky foundations. Consequently, it takes the view that the remedial principles espoused in AIB should be broadly accepted as representing equity’s general remedial approach to custodial breaches of trust.
The anti‐tumor effects of cosmosiin through regulating AhR/CYP1A1‐PPARγ in breast cancer
Authors: Wang Dan , Zhang Jing , Yin Houqing , Yan Ribai , Wang Zequn , Deng Jinhai , Li Gang , Pan Yan 
Published: August 2024

AbstractBreast cancer is one of the threatening malignant tumors with the highest mortality and incidence rate over the world. There are a lot of breast cancer patients dying every year due to the lack of effective and safe therapeutic drugs. Therefore, it is highly necessary to develop more effective drugs to overcome breast cancer. As a glycoside derivative of apigenin, cosmosiin is characterized by low toxicity, high water solubility, and wide distribution in nature. Additionally, cosmosiin has been shown to perform anti‐tumor effects in cervical cancer, hepatocellular carcinoma and melanoma. However, its pharmacological effects on breast cancer and its mechanisms are still unknown. In our study, the anti‐breast cancer effect and mechanism of cosmosiin were investigated by using breast cancer models in vivo and in vitro. The results showed that cosmosiin inhibited the proliferation, migration, and adhesion of breast cancer cells in vitro and suppressed the growth of tumor in vivo through binding with AhR and inhibiting it, thus regulating the downstream CYP1A1/AMPK/mTOR and PPARγ/Wnt/β‐catenin signaling pathways. Collectively, our findings have made contribution to the development of novel drugs against breast cancer by targeting AhR and provided a new direction for the research in the field of anti‐breast cancer therapy.
Serotonin syndrome
Authors: Mungul Daniel , Bila Nick , Petr Grace , Satterberg Katie , Knueven Alyssa 
Published: August 2024

ABSTRACT
Serotonin syndrome is a rare, life-threatening toxidrome caused by serotonergic agents. This syndrome classically presents with a combination of mental status changes, autonomic hyperactivity, and neuromuscular abnormalities. However, diagnosing the condition is difficult because of its variable symptoms at presentation. As a result, serotonin syndrome often is underreported, making it harder to understand, recognize, and treat. Patients with this condition may present to primary or urgent care or an ED, and may become acutely symptomatic during an inpatient admission. Clinicians must be able to identify at-risk patients and intervene to prevent potentially lethal complications.
Mentorship effect for PAs at an academic medical center and its healthcare system
Authors: Herndon Justine S. , Louwagie Victoria S. , Strelow Brittany A. , Schenzel Holly A. , Cumberland Elizabeth A. , Oxentenko Amy S. 
Published: August 2024

ABSTRACT

Purpose:
Mentorship has many notable benefits. Research about mentorship for physician associates/assistants (PAs) is limited. This study sought to uncover more detailed information on mentorship and its effect on PAs.

Methods:
A survey was sent via email to all PAs and advanced practice registered nurses at our institution. Subgroup analysis was performed on PA respondents, including satisfaction and independent predictors associated with mentorship.

Results:
Of the 295 PAs, 63 (21.4%) identified having a mentor. Those with a mentor were statistically more likely to function as a mentor (OR 2.7 [95% CI 1.5-4.9], P = .001), have an academic rank of assistant professor or higher (OR 2.7 [95% CI 1.3-5.5], P = .007), be under age 45 years (OR 6.1 [95% CI 2.1-17.4], P = .008), be less than 10 years into their career (OR 3.1 [95% CI 1.7-5.7], P = .002), and be satisfied with mentorship (88.9% versus 23.9%, P < .001).

Conclusions:
Mentorship for PAs is crucial and can boost academic promotion and career satisfaction.
Efficacy of Hypothermic Compression Bandages in Cardiac Device Surgical Wounds: A Randomized Controlled Trial
Authors: Cano Valls Alba , Niebla Mireia , Diago Clara , Domingo Rebeca , Tolosana Jose Maria , Pérez Sílvia 
Published: August 2024

ABSTRACT

BACKGROUND
Pocket hematoma is the most prevalent complication with cardiac implantable electronic devices (CIEDs), especially in patients who are undergoing oral anticoagulation and/or antiplatelet therapy.

OBJECTIVE
To evaluate the efficacy of hypothermic compression bandaging versus conventional compression bandaging for the prevention of surgical wound hematoma of CIEDs in patients who are undergoing chronic anticoagulant drug use and/or antiplatelet therapy.

METHODS
This was a single-center randomized prospective study. The intervention group received a hypothermic compression bandage, and the control group received a conventional compression bandage. The primary endpoint was the appearance of hematoma 10 days after the intervention.

RESULTS
A total of 310 patients participated in the study. The mean age of the participants was 73.77 ± 10.68 years, and 74.8% were men. In the intervention group, 5.88% (n = 18) of patients developed ecchymosis, and 1.3% (n = 4) developed mild hematoma. In the control group, 5.88% (n = 18) of patients developed ecchymosis, and 2.9% (n = 9) developed mild hematoma. No patient in either group had a severe hematoma. No significant differences were observed between the two types of dressing in any of the three degrees of hematoma.

CONCLUSIONS
This study demonstrated that compression bandaging with or without hypothermic therapy effectively prevents pocket hematoma of CIEDs in patients at high risk of bleeding.
Association Between Persistent Hypothermia After Cardiopulmonary Bypass in Neonates and Odds of Serious Complications
Authors: Helman Stephanie M. , Sereika Susan , Hravnak Marilyn , Henker Richard , Gaynor J. William , Herrup Elizabeth , Olsen Robert , Kochanek Patrick M. , Ghassemzadeh Rod , Baust Tracy , Riek Nathan T. , Domnina Yuliya , Lisanti Amy Jo , Al-Zaiti Salah 
Published: August 2024

IMPORTANCE:
Persistent hypothermia after cardiopulmonary bypass (CPB) in neonates with congenital heart defects (CHD) has been historically considered benign despite lack of evidence on its prognostic significance.

OBJECTIVES:
Examine associations between the magnitude and pattern of unintentional postoperative hypothermia and odds of complications in neonates with CHD undergoing CPB.

DESIGN:
Retrospective cohort study.

SETTING:
Single northeastern U.S., urban pediatric quaternary care center with an established cardiac surgery program.

PARTICIPANTS:
Population-based sample of neonates greater than or equal to 34 weeks gestation undergoing their first CPB between 2015 and 2019.

INTERVENTIONS:
None.

MAIN OUTCOMES AND MEASUREMENTS:
Hourly temperature measurements for the first 48 postoperative hours were extracted from inpatient medical records, and clinical characteristics and outcomes were accessed through the local patient registry. Group-based trajectory modeling (GBTM) identified latent temporal temperature trajectories. Associations of trajectories with outcomes were assessed using multivariable binary logistic regression. Outcomes (postoperative complications) were manually adjudicated by experts or were predefined by the patient registry.

RESULTS:
Four hundred fifty neonates met inclusion criteria. Their mean (sd) gestational age was 38 weeks (1.3), mean (sd) birth weight was 3.19 kilograms (0.55), median (interquartile range) surgical age was 4.7 days (3.3–7.0), 284 of 450 (63%) were male, and 272 of 450 (60%) were White. GBTM identified three distinct curvilinear temperature trajectories: persistent hypothermia (n = 38, 9%), resolving hypothermia (n = 233, 52%), and normothermia (n = 179, 40%). Compared with the normothermic group, those with persistent hypothermia had significantly higher odds of cardiac arrest, actionable arrhythmia, delayed first successful extubation, prolonged cardiac ICU length of stay, very poor weight gain, and 30-day hospital mortality. The persistent hypothermia group was characterized by greater odds of having a lower gestational age, more prevalent neurologic abnormalities, more unplanned reoperations, and a low surgical mortality risk assessment.

CONCLUSIONS:
Persistent postoperative hypothermia in neonates after CPB is independently associated with having greater odds of complications. Recovery patterns from postoperative hypothermia may be a clinically useful marker to identify patient instability in neonates. Additional research is needed for causal modeling and prospective validation before clinical adoption.