bluuebunny/crossref_metadata_2025_split huggingface dataset:
Affirmation
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
In situations that express both rescission and affirmation, this chapter examines an affirmation of a transaction where actions result in the loss of the right. It explains how the right to rescind is lost by affirmation when the party entitled to rescind unequivocally manifested an intention to affirm once free from the effects of the vitiating factor. The waiver by election results from the decision to not rescind. However, the electing party must hold alternative rights that are inconsistent with one another. The chapter then expounds on the justification for permanently depriving a person of the right to rescind after expressing an intention to confirm. As a general rule, affirmation is irrevocable.
Bars for Non-Fraudulent Misrepresentation
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter focuses on the four bars for non-fraudulent misrepresentation. Innocent misrepresentation had been recognized as a ground for rescission, but it has a special potential to cause prejudice and disrupt settled expectations. The chapter acknowledges the lack of uniformity in principles applied in England and other jurisdictions such as New Zealand, Australia, and Canada. It looks into the nature of the bar in line with transferring titles to either real property or personal property. Moreover, incorporation was known to merge the representation into a higher contractual right that extinguished the claim to rescind. The chapter also covers the bar on rescinding the contract for the sale of goods.
Gifts and Deeds
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses the right to rescind gifts and transactions effected by deed. It clarifies gifts as being more vulnerable to rescission, while a transaction effected by deed can be rescinded at common law, aside from instances of duress and equity. Gifts are divided into categories of donationes mortis causa, testamentary gifts, and gifts inter vivos. It is important to identify the principal context that impaired consent first before considering the right to rescind a gift. The chapter then explains the principles applicable to the cancellation of deeds. It looks at orders for delivery up and cancellation, which serve to protect the rescinding party and the public by either removing the instrument from the defendant’s possession or advertising its invalidity.
Evidence and Procedure, Presumptions of Law, Burden and Mode of Proof
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 1(3) and Article 18 of the Rome I Regulation. These articles are key markers of the boundary between the role allocated to the applicable law selected under the Regulation (the lex contractus) and the rules of the forum court (the lex fori). These provisions are substantively identical to Articles 1(2)(h) and 14 of the Rome Convention, and represent the same compromise reached between the civil and common law systems during negotiations in the 1970s over where the line should be drawn between matters of substance and those of procedure and evidence.
Human Rights, Private International Law, and their Interaction
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter discusses the regimes of human rights law and private international law. Human rights are rights that have been recognised as universal to all humans by virtue of their inherent dignity. The current legal framework for protecting these rights operates at both international and national levels, and its application has far-reaching implications. This all-pervasive nature means that any rule of private international law has the potential to raise concerns in the enjoyment of human rights. However, there are rules of private international law in which humans rights can be said to have had an impact or should have an impact. The chapter explores two important aspects of the interaction between the two bodies of law: the issues that arise from the application of human rights law in private international law cases, and the clashes of obligations under human rights law and private international law.
The Right to a Fair Trial and Recognition and Enforcement of Foreign Judgments under the EU Rules
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter discusses the impact of the right to a fair trial on the recognition and enforcement of judgments under the EU rules. Paragraph 4 of Article 67(1) TFEU (Treaty on the Functioning of the European Union) requires the EU to facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. In addition, Article 81 TFEU refers to the adoption of measures to ensure effective access to justice. Indeed, a substantial number of instruments have introduced EU rules on recognition and enforcement of judgments and decrees granted in other Member States based on these Treaty provisions or its predecessors. These include the Recast Brussels I Regulation, the European Enforcement Order for uncontested claims Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.
Freedom of Expression and the Right to Respect for Private Life
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter focuses on the right to freedom of expression and the right to respect for private life. In Europe, national laws protect reputation and privacy—interests that may fall to be protected by the right to respect for private life—in different ways. Reputation is protected by an action for defamation; privacy by an action for invasion of privacy. However, there is also a human right to freedom of expression. Therefore, a balance has to be reached between both the right to private life and the right to freedom of expression. The chapter then looks at the impact of these rights on the private international rules that operate in cases of international defamation and invasion of privacy actions.
Overall Conclusions
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This concluding chapter provides some overall conclusions on the impact of human rights law on private international law, and the impact of private international law on human rights law. The right to respect for private and family life has had the greatest effect on particular areas of private international law, specifically on the rules relating to international child abduction as well as parental status. Meanwhile, the right to private life has had a major influence on jurisdiction in international defamation cases. On the other hand, there is little evidence of any impact of private international law on human rights law. Indeed, the rules, principles, and values of private international law have not been absorbed into human rights law.
Judicial Review of Cartel Decisions
Authors: Arts Dirk , Lewis Xavier , Moustakali Maria 
Published: August 2024

Abstract
The principle of effective judicial protection, enshrined in Article 6 ECHR and Article 47 EU Charter, requires that all decisions taken by an administrative authority, including European Commission cartel decisions, are subject to review by a judicial body that has full jurisdiction to review the decision. The chapter applies the action for annulment provided for under Article 263 TFEU to cartel investigations, and also discusses the unlimited jurisdiction of the EU Courts pursuant to Article 261 TFEU and Article 31 of Regulation 1/2003. The scope of judicial review is discussed by Dirk Arts (Allen & Overy, Brussels) from a private practitioner’s perspective, and by Xavier Lewis and Maria Moustakali (Legal and Executive Affairs Department, EFTA Surveillance authority) from a public enforcer’s perspective.
Block Exemption Regulations R&D and Specialization
Authors: Pautke Stephanie 
Published: August 2024

Abstract
The chapter, written by Stephanie Pautke (Commeo, Frankfurt), offers a framework of analysis for two types of horizontal agreements: R&D agreements and specialization agreements. These are the only horizontal agreements between (actual or potential) competitors that can benefit from a block exemption regulation, namely Regulation 1217/2010 (R&D) and Regulation 1218/2010 (specialization). The chapter first discusses the qualification of an agreement as an R&D agreement or specialization agreement in the sense of the block exemption regulations. It then turns to the conditions under which such agreements may be deemed to restrict competition in the sense of Article 101(1) TFEU. For those agreements that do, the chapter analyses the block exemption regulations (including its conditions and hard-core restrictions) and also discusses the possibility of an individual exemption under Article 101(3) TFEU. Guidance on such individual exemptions can be found in the so-called ‘Horizontal Guidelines’ of the European Commission, which are discussed.
International Valuation Standards and Bases of Value
Authors: Marboe Irmgard 
Published: August 2024

Abstract
Modern globalized economy has made it necessary to identify uniform or at least comparable principles for the valuation of economic assets. This chapter introduces some of the best known and influential valuation standards and guidelines, such as the USPAP, the AICPA Valuation Standard, the International Valuation Standards, World Bank and MIGA Guidelines as well as UNCC propositions. In addition, some of the most important valuation bases are discussed briefly, such as market value, investment value, special value, synergistic value, and contractual value.
Conclusions
Authors: Marboe Irmgard 
Published: August 2024

Abstract
The concluding chapter summarizes the most important economic and legal principles and filters out guidelines for the calculation of compensation and damages in the practice of international investment disputes. The legal standard mandated by the bases of claims represents the starting point for the choice of the appropriate valuation approaches and methods. With regard to the decision on interest, tribunals must establish the appropriate rate of interest, the period of interest, and decide if interest should be compounded. This is necessary in relation to pre-award and post-award interest.
Methods of Valuation in International Practice
Authors: Marboe Irmgard 
Published: August 2024

Abstract
This chapter analyses how the three most important valuation approaches – the market approach, the income approach, and the asset based or cost approach – are reflected in the practice of international investment tribunals. After a short description of the theoretical concept of the respective approaches at the beginning, the corresponding cases are presented and analysed in some detail. The discussion shows that also other approaches are applied in the practice of tribunals, such as mixed methods, insurance value, tax value or contract based valuation. Tribunals sometimes also consider additional types of damages, such as loss of reputation, liability to subcontractors, costs for damage limitation, repair and maintenance, as well as costs for pursuing the claim.
Fundamental Rights and General Principles
Authors: Nazzini Renato 
Published: August 2024

Abstract
This chapter looks at the fundamental rights and principles applicable to the analysis of the concurrent enforcement of competition law. These are: the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States. This chapter examines the different sources and scopes of application of fundamental rights in the European Union and the United Kingdom. It also discusses the ‘criminal’ nature of proceedings for the public enforcement of Articles 101 and 102 TFEU for the purpose of certain fundamental rights standards. The remaining sections analyse the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States.
EU Transport and EU Transport Policy
Authors: Cuscó Vicenç Pedret 
Published: August 2024

Abstract
Chapter 1 sketches the economic and operational context in which the development of the European Union’s transport policy has taken place since the late 1980s. It provides data on the evolution of the different transport modes, and describes the historical context in which the European Union became involved in this subject and gradually came to deal with a wide range of subjects that eventually became a comprehensive regulatory framework. It puts transport in the perspective of the completion of the EU Internal Market, with its three strands of service liberalization, network integration, and—linking them—the harmonization of nationally differentiated regulatory frameworks.
European Union Competition Law
Authors: Blanco Luis Ortiz 
Published: August 2024

Abstract
Competition law disciplines the conduct of undertakings in the market, as long as the conduct is ‘significant for the market’. For this reason, it has been said that the central concern and the cornerstone of the antitrust and merger control rules is the creation or strengthening of market power. Chapter 5 presents some of the common features of EU competition law that are relevant in all modes of transport and have come back in all cases before the Commission and the Courts, including market definition, market power, and competition between different modes of transport. The chapter also gives the historical perspective on the application of the competition rules to this sector, from initially systematic non-application to eventual coverage along the same lines as other sectors of the economy. It describes the procedural rules applying to antitrust, merger control, and State aid cases.
The Single European Sky
Authors: Van Houtte Ben 
Published: August 2024

Abstract
Historically, the European Union had refrained from asserting jurisdiction over air traffic management (ATM), with the exception of some aspects of equipment standardization. A number of arguments were made against EU intervention in this highly technical area. ATM is a global activity where the International Civil Aviation Organization takes the lead in developing a common baseline for operators and authorities worldwide; Member States had set up Eurocontrol as an intergovernmental organization to deal with and coordinate action within Europe. Moreover, EU involvement was considered not desirable in view of the military aspects of ATM and of its close link with territorial sovereignty. Chapter 20 explains how the European Union became involved in regulating air traffic management, and discusses the regulatory framework setting out common rules on service provision, airspace, equipment, performance monitoring, and technological innovation through the Single European Sky ATM Research project. The specific relationship between the European Union and Eurocontrol is also addressed.
Microbiology and Epidemiology of Orbital Cellulitis in Pediatric and Young Adult Patients
Authors: Cirks Blake T , Claunch Kevin M , DePerrior Sarah , Poitras Beth , Adams Daniel J 
Published: August 2024

ABSTRACT

Introduction
Using data from the large and geographically diverse Military Health System (MHS) beneficiary population, we aimed to characterize and update the epidemiology and microbiology of pediatric orbital cellulitis given previous data are limited to small, single-center studies.

Materials and Methods
Following institutional review board approval, we performed a retrospective analysis using the Military Health System admissions, microbiology, and pharmacy data between June 2009 and September 2019. Patients less than 22 years of age with radiological confirmation of orbital cellulitis were included. Demographic data, presence of sinusitis, advanced imaging reports, blood and wound culture results with antibiotic susceptibilities, and antibiotic prescriptions were collected. Descriptive statistics were used to summarize demographic characteristics. Imaging findings were grouped by Chandler’s stage (CS), an imaging-based measure of the progressive severity of orbital involvement. A Cochran–Armitage trend test was used to evaluate the relationship between CS and likelihood of positive confirmatory culture.

Results
There was a male predominance (66.9%) and 55.5% of subjects had comorbid sinusitis. Of the 130 subjects included, 33.8% had one or more positive cultures, 30.8% had a positive wound culture, and 4.6% had a positive blood culture. The most identified organism was coagulase-negative staphylococci (23.3%), followed by Staphylococcus aureus (18.9%), Streptococcus intermedius (17.8%), and strict anaerobes as a group (13.3%). Gram-negative organisms were rare. Twenty-five percent of S. aureus were methicillin-resistant. Clindamycin resistance was identified in 9% of all S. aureus, 50% of coagulase-negative staphylococci, and 25% of S. intermedius. Clindamycin plus ceftriaxone was the most prescribed empiric antibiotic regimen (36.2%). Likelihood of a positive culture significantly increased with advancing CS.

Conclusions
Orbital cellulitis occurs most frequently in males with sinusitis. Likelihood of positive wound culture is increased with a more advanced CS. Staphylococcus and Streptococcus spp. and anaerobes are the most identified pathogens in orbital cellulitis, while gram-negative organisms are rare. Empiric antibiotic selection should include an anti-methicillin-resistant S. aureus agent combined with a broad-spectrum beta-lactam and anaerobic coverage.
Case Series: Bilateral Operative Femoral Neck Stress Fractures in Marine Corps Recruits
Authors: Buchinsky Jonathan C , Heckert Reed M 
Published: August 2024

ABSTRACT
Bone stress injuries are well-documented injury patterns among U.S. Armed Forces recruits because of the rapid increase in frequency and intensity of bone-impacting activities throughout training. In the recruit population, femoral neck stress fractures are of great concern because of their propensity to progress, displace, and lead to lifelong complications like avascular necrosis. We present two cases of bilateral operative femoral neck stress fractures. The first is of a 28-year-old male Marine Corps recruit who experienced bilateral groin pain during the first week of training. He was found to have bilateral grade 4 femoral neck stress fractures with concomitant effusions. Operative management was pursued with bilateral percutaneous pinning. For this patient, one hip had classically indicated operative involvement while on the contralateral hip the decision to operate was based on recent literature predicting progression based on the presence of a joint effusion. The second case is of a 23-year-old male Marine Corps recruit who experienced hip pain in the final few weeks of training. He was also found to have bilateral grade 4 femoral neck stress fractures with concomitant effusions and was similarly operated on. To the best of our knowledge, this is the first reported operative bilateral femoral neck stress fracture case series in a military-aged patient in the literature. A high clinical suspicion for femoral neck stress injuries with early diagnostic imaging for high-risk groups was important in these cases and ultimately led to timely definitive management for this patient.
Skyglow from ground-reflected radiation: model improvements
Authors: Kocifaj Miroslav , Petržala Jaroslav , Medveď Igor 
Published: August 2024

ABSTRACT
Light from ground-based sources directed into the upper hemisphere can be partially controlled, for example, through suitable lamp shades or by reducing the number of luminaires and their lumen output. However, ground-reflected radiation is pervasive in artificially lit urban environments and cannot be entirely avoided. This component of upward-directed light is typically modelled using Lambertian diffuse reflection. Here, we demonstrate that the current analytical models for ground-reflected radiation can be improved by incorporating additional components, such as reflections from vertically oriented surfaces and vegetation. Our findings indicate that near edges of cities, the contribution of the reflected radiation to the overall skyglow is slightly higher than recent models predict. However, at medium-to-long distances the skyglow increases by 50–200 per cent compared to what these models suggest. This is because non-horizontal surfaces reflect more light towards small angles above the horizontal, contrasting with the outcomes predicted by the basic Lambertian framework. Consequently, light escaping from ground-based sources can propagate more effectively over longer distances, even when there is a complete cutoff of light emitted from luminaires in the upper half-space. These findings have significant implications for skyglow modelling. Furthermore, it also limits the available options for implementing measures to reduce skyglow levels at astronomical observatories located well beyond city boundaries.
Warps induced by satellites on barred and non-barred galaxies
Authors: Wille A , Machado R E G 
Published: August 2024

ABSTRACT
Warps are common vertical asymmetries that appear in the outer parts of the galactic discs, bending one part upwards and the other downwards. Many mechanisms can trigger warp formation, including tidal interactions. The interactions with satellites distort the edges of the disc and can also change the central morphology, impacting, for example, the development of a galactic bar. In mergers events, the bar can be weakened or even destroyed. In this study, we aim to compare barred and non-barred galaxy models and their susceptibility to warping. To analyse the effects of induced warps, we used N-body simulations of a barred and a non-barred central galaxy interacting with satellites of varying masses ($0.1 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$, $0.5 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$, and $1 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$) and initial orbital radii (10, 20, and 30 kpc). We also ran isolated simulations of the central galaxies for comparison. We found that the induced warps are stronger in the barred galaxy compared with the non-barred galaxy, in perturbed and isolated models. In addition, the masses of the satellites determine the level of destruction of the bar and the intensity of the induced warp. The time in which the bar will be weakened or destroyed depends on the orbital radius of the satellite.
RudS: bacterial desulfidase responsible for tRNA 4-thiouridine de-modification
Authors: Jamontas Rapolas , Laurynėnas Audrius , Povilaitytė Deimantė , Meškys Rolandas , Aučynaitė Agota 
Published: August 2024

Abstract
In this study, we present an extensive analysis of a widespread group of bacterial tRNA de-modifying enzymes, dubbed RudS, which consist of a TudS desulfidase fused to a Domain of Unknown Function 1722 (DUF1722). RudS enzymes exhibit specific de-modification activity towards the 4-thiouridine modification (s4U) in tRNA molecules, as indicated by our experimental findings. The heterologous overexpression of RudS genes in Escherichia coli significantly reduces the tRNA 4-thiouridine content and diminishes UVA-induced growth delay, indicating the enzyme's role in regulating photosensitive tRNA s4U modification. Through a combination of protein modeling, docking studies, and molecular dynamics simulations, we have identified amino acid residues involved in catalysis and tRNA binding. Experimental validation through targeted mutagenesis confirms the TudS domain as the catalytic core of RudS, with the DUF1722 domain facilitating tRNA binding in the anticodon region. Our results suggest that RudS tRNA modification eraser proteins may play a role in regulating tRNA during prokaryotic stress responses.