bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Role of the Ombudsman in Relation to the Protection of Citizens' Rights
Authors: Bradley A. W. 
Published: January 2009

In his book, Taking Rights Seriously, Professor Ronald Dworkin has argued that the institution of rights against the state is justified “because it represents the majority's promise to the minorities that their dignity and equality will be respected.” But he also stressed the difficulty of ensuring that these rights are respected:The institution of rights against the Government is not a gift of God, or an ancient ritual, or a national sport. It is a complex and troublesome practice that makes the Government's job of securing the general benefit more difficult and more expensive, and it would be a frivolous and wrongful practice unless it served some point.Now Dworkin's book is concerned with the problems presented in a democratic system of law and government by a serious commitment to fundamental political rights, such as freedom of speech and the disputed right of civil disobedience; and Dworkin does not directly consider the interest which the individual may have in the maintenance of good government in matters that affect him. One object of this article is to consider whether it is worthwhile seeking to relate the debate about citizen's rights to an assessment of the Ombudsman system. Another aim, since no-one would claim that the Ombudsman should be the sole protector of citizen's rights, is to examine the relationship between the Ombudsman and other agencies for the protection of the citizen in his dealings with the administration. The material to be discussed is drawn from the experience in the U.K. of the Parliamentary Commissioner for Administration, the Parliamentary Ombudsman: but aspects of the discussion may be relevant to the experience of ombudsmen in other countries.
Negligence After Murphy: Time to Re-Think
Authors: Howarth David 
Published: January 2009

After a decade of adventure, Anns v. Merton Borough Council has been killed off. The case that seemed to many to be the most important statement of the law of negligence in England since Donoghue v. Stevenson has been finally done to death by a specially augmented House of Lords in Murphy v. Brentwood District Council?For the House of Lords openly to overrule one of its own previous decisions is itself an event rare enough to deserve comment. But when the Law Lords, by 7–0, declare unsound a case that has been cited in 189 English cases in only 13 years (and until recently mostly with approval), we know that something extraordinary has happened.
Formalities for Trusts of Land, and the Doctrine inRochefoucauldv.Boustead
Authors: Youdan T. G. 
Published: January 2009

In 1677 the Statute of Frauds1 introduced2 formalities for the creation of trusts of land. Section 7 required that,… all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law entitled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.This requirement (or something like it) has been adopted in most common law jurisdictions and remains applicable today in England in the form of section 53(1) of the Law of Property Act 1925. Despite the provision's apparently comprehensive and drastic effect, judicial decisions have reduced its impact. Of most importance is the doctrine which I shall name after the case,Rochefoucauld v. Boustead, in which it was authoritatively described by Lindley L.J. He said this:
The Unborn Child
Authors: Winfield P. H. 
Published: January 2009

Some years ago the position of the unborn child in the English law of tort attracted my attention and it is chiefly in connection with that branch of the law that I wish to discuss the topic. But, as almost invariably happens in legal research, I soon found that there were other aspects of the subject which at least deserved passing notice, and at most might be useful for analogy with or distinction from the aspect in tort. It is the old tale of going out to catch a whale and landing several other fish in the process. The three other branches of the law with which I made contact were the law of property, criminal law and the law of contract. I shall touch upon these, but I have no intention of investigating them in detail. There are plenty of books which cover the topic in Property Law and Criminal Law respectively. In the law of contract there is a significant blank. The order of discussion in this article will be:—I—The law of property.II—Criminal law.III—The law of contract.IV—The law of tort.
Attempts to Commit Crimes
Authors: Turner J. W. Cecil 
Published: January 2009

Now people in the street,’ said a learned judge in a modern case, ‘before they begin to think about it, is a very easy thing to say what amounts to an “attempt,” but when you come to analyse it, it becomes a little difficult.’The text-books tell us a that at Common Law every attempt to commit any indictable crime, whether that ulterior crime be a felony or a misdemeanour, is itself a misdemeanour. Professor Sayre, of Harvard, in an article in the Harvard Law Review, has traced the growth of this rule which, he thinks, did not take its modern comprehensive form until a judgment of Lord Mansfield in 1784 in R. v. Scofield. Until that date there seems to have been no recognition of the doctrine that an attempt to commit any crime at all was itself a crime.
Conflict of law 1921–1971 the way ahead
Authors: Lipstein K. 
Published: January 2009

(1) Legal BasisWhen the first issue of the Cambridge Law Journal appeared in 1921, the English rules of the conflict of laws were those stated and reformulated by Dicey and by the editors of Westlake and Foote. Their progress between 1858 and 1912 had been charted by Dicey himself in a survey published in 1912. The legal basis for the application of foreign law in England was and remained Lord Mansfield's pronouncement in Holman v. Johnson: “Every action here must be tried by the law of England, but the law of England says that in a variety of circumstances … the law of the country where the cause of action arose shall govern.” Dicey never waivered in his adherence to this rule of English law, but he supplemented it with an argument drawn from the doctrine of acquired rights which bedevilled English lawyers for a long time, until in 1949 the editors of the sixth edition of Dicey took what they believed to be a bold, but substantially honest, step by restricting the concept to its proper boundaries and thus by depriving it of its capacity to serve as a general principle of the Conflict of Laws.
A hierarchical model for incomplete alignments in phylogenetic inference
Authors: Cheng Fuxia , Hartmann Stefanie , Gupta Mayetri , Ibrahim Joseph G. , Vision Todd J. 
Published: January 2009

Abstract
Motivation: Full-length DNA and protein sequences that span the entire length of a gene are ideally used for multiple sequence alignments (MSAs) and the subsequent inference of their relationships. Frequently, however, MSAs contain a substantial amount of missing data. For example, expressed sequence tags (ESTs), which are partial sequences of expressed genes, are the predominant source of sequence data for many organisms. The patterns of missing data typical for EST-derived alignments greatly compromise the accuracy of estimated phylogenies.
Results: We present a statistical method for inferring phylogenetic trees from EST-based incomplete MSA data. We propose a class of hierarchical models for modeling pairwise distances between the sequences, and develop a fully Bayesian approach for estimation of the model parameters. Once the distance matrix is estimated, the phylogenetic tree may be constructed by applying neighbor-joining (or any other algorithm of choice). We also show that maximizing the marginal likelihood from the Bayesian approach yields similar results to a profile likelihood estimation. The proposed methods are illustrated using simulated protein families, for which the true phylogeny is known, and one real protein family.
Availability: R code for fitting these models are available from: http://people.bu.edu/gupta/software.htm.
Contact: gupta@bu.edu
Supplementary information: Supplementary Data are available at Bioinformatics online.
The Hawaiian Archipelago is a stepping stone for dispersal in the Pacific: an example from the plant genusMelicope(Rutaceae)
Authors: Harbaugh Danica T. , Wagner Warren L. , Allan Gerard J. , Zimmer Elizabeth A. 
Published: January 2009

AbstractAim Pacific biogeographical patterns in the widespread plant genusMelicopeJ.R. Forst. & G. Forst. (Rutaceae) were examined by generating phylogenetic hypotheses based on chloroplast and nuclear ribosomal sequence data. The aims of the study were to identify the number of colonization events ofMelicopeto the Hawaiian Islands and to reveal the relationship of HawaiianMelicopeto the Hawaiian endemic genusPlatydesmaH. Mann. The ultimate goal was to determine if the Hawaiian Islands served as a source area for the colonization of Polynesia.Location Nineteen accessions were sampled in this study, namely eightMelicopespecies from the Hawaiian Islands, four from the Marquesas Islands, one species each from Tahiti, Australia and Lord Howe Island, two Australian outgroups and two species of the Hawaiian endemic genusPlatydesma. To place our results in a broader context, 19 sequences obtained from GenBank were included in an additional analysis, including samples from Australia, Papua New Guinea, New Zealand, Southeast Polynesia and Asia.Methods DNA sequences were generated across 19 accessions for one nuclear ribosomal and three chloroplast gene regions. Maximum parsimony analyses were conducted on separate and combined data sets, and a maximum likelihood analysis was conducted on the combined nuclear ribosomal and chloroplast data set. A broader nuclear ribosomal maximum parsimony analysis using sequences obtained from GenBank was also performed. Geographic areas were mapped onto the combined chloroplast and nuclear ribosomal tree, as well as onto the broader tree, using the parsimony criterion to determine the dispersal patterns.Results Phylogenetic analyses revealed thatPlatydesmais nested withinMelicopeand is sister to the Hawaiian members ofMelicope. The HawaiianMelicope + Platydesmalineage was a result of a single colonization event, probably from the Austral region. Finally, MarquesanMelicopedescended from at least one, and possibly two, colonization events from the Hawaiian Islands.Main conclusions These data demonstrate a shifting paradigm of Pacific oceanic island biogeography, in which the patterns of long‐distance dispersal and colonization in the Pacific are more dynamic than previously thought, and suggest that the Hawaiian Islands may act as a stepping stone for dispersal throughout the Pacific.
Surface Chemicals Inform about Sex and Breeding Status in the Biparental Burying Beetle Nicrophorus vespilloides
Authors: Steiger Sandra , Whitlow Sonia , Peschke Klaus , Müller Josef K. 
Published: January 2009

AbstractThe multicomponent nature of chemical cues and signals are not very well understood. One reason for the often found complexity of chemical blends might be that they provide multiple messages. Burying beetles which use vertebrate carcasses as food for their larvae and defend these carcasses against inter‐ and intraspecific competitors are able to recognise the sex and breeding status of conspecifics. Studies have shown that the chemical composition of cuticular lipids is correlated with sex and breeding status, but there is no definitive evidence that these chemicals function in recognition. In the present study, we performed behavioural bioassays to directly asses the role of chemical cues in the recognition system of the burying beetle Nicrophorus vespilloides. After finding a carcass, females were more tolerant of dead males than of females. The behaviour was reversed when a solvent extract from the opposite sex was applied. An earlier experiment had shown that females breeding on a carcass treat non‐breeding males more aggressively than breeding ones. In the present study, we could trigger the same dichotomous behaviours by presenting a single elytron from a breeding and a non‐breeding beetle. In an additional experiment, females tolerated the elytra of non‐breeding beetles if we had first applied an extract from a breeding beetle to these elytra. Our study is the first behavioural proof that female burying beetles obtain multiple information from chemical cues.
Sandpipers Select Red Brine Shrimps Rich in Both Carotenoids and Parasites
Authors: Sánchez Marta I. , Hortas Francisco , Figuerola Jordi , Green Andy J. 
Published: January 2009

AbstractCestode parasites using brine shrimps Artemia as intermediate hosts and waterbirds as final hosts are known to change the colour of shrimps from pale pink to bright red owing to an increase in carotenoid pigments. In order to assess whether this coloration increases the chances of shrimp predation by the final host, we conducted an experiment in which 10 Calidris sandpipers were given a choice of 20 bright red and 20 pale pink shrimps. A strong preference for red, infected shrimps was recorded, suggesting that red colour is a manipulation by cestodes to increase transmission to its final hosts. The factors regulating access and functions of carotenoids in birds are under intense debate. For the first time, we show that access to carotenoid‐rich foods in birds can have a cost derived from an increased exposure to parasites. To our knowledge, this is the first time that avian hosts have been shown to exert a colour‐based preference for parasitized prey.
Service Quality in Modern Bureaucracy: Parkinson's Theory at Work
Authors: Jochimsen Beate 
Published: January 2009

SUMMARYParkinson's Law states that work expands to fill the time available for its completion and that the number of administrators in an office is bound to increase over time. A unique laboratory to test Parkinson's ideas are vehicle registration offices in Germany. Using their data we found empirical support for Parkinson's Law: First, service quality is no better in offices that have more staff per case. Second, service quality is worse if the service procedure is disaggregated into multiple smaller sub‐services. Third, the staff size is a convex function of the number of customers. These results are robust to specifications in various alternative models.
Who Visits the Museums? A Comparison between Stated Preferences and Observed Effects of Entrance Fees
Authors: Lampi Elina , Orth Matilda 
Published: January 2009

SUMMARYThe issue of free entrance is debated in many countries. We investigate changes in visitor composition associated with an introduction of an entrance fee to a state funded museum, and the validity of the Contingent Valuation (CV) method. We conducted two surveys to collect information about the visitors' socio‐economic backgrounds, one before and one after the fee was in effect. While entrance was still free, we also asked visitors about their willingness to pay for a visit, using the CV method. We then compare the results of the CV survey with the actual change in visitor composition caused by the fee. We thus have a unique opportunity to test the validity of the CV, which, as far as we know, has never been done in a similar way before. The results of the CV indicate that several target group visitors are less likely to visit the museum after an implementation of a relatively low fee. Consequently, charging for entrance does affect who visits the museum. The validity test of the CV method shows that a majority of the changes in visitor composition were correctly predicted. We conclude that the CV method is particularly successful when applied on goods familiar to the respondents.
Institutions and Export Specialization: Just Direct Effects?
Authors: Martincus Christian Volpe , Gallo Andrés 
Published: January 2009

SUMMARYMany developing countries' exports tend to be highly concentrated in terms of sectors and even products. In particular, they are strongly specialized in self‐contained sectors. Recent economic literature has shown that institutions contribute to explaining this pattern. In this paper, we argue that the degree of self‐containment itself is endogenous to institutions. Ceteris paribus a given sector will therefore have different levels of interactions with the rest of the economy across countries depending on the quality of institutions. We provide supportive evidence using a simultaneous equation approach on data on sectoral trade, country‐specific input‐output linkages, and institutional strength.
A holistic food labelling strategy for preventing obesity and dental caries
Authors: Cinar A. B. , Murtomaa H. 
Published: January 2009

SummaryObesity and dental caries in childhood are among the major public health concerns described as a global pandemic because of their global distribution and severe consequences. A consensus has developed as to a recently emerging and alarming common risk factor that leads to the double burden of dental caries and obesity; energy‐dense foods (sugar‐coated cereals, high‐sugar yogurt, soft drinks) are becoming very popular among children because of their dense marketing, cheaper price, increased supply and variety. Implementation of health‐promoting and ‐supporting marketing strategies for healthy food can be one initial cornerstone for successful application of the common risk factor approach in prevention of obesity and dental caries, as also suggested by World Health Organization. Labelling healthy food with a ‘health‐friendly’ logo, illustrating that the teeth and the heart are both parts of the whole body (standing side by side supporting each other as close friends), both happy and protected because of consumption of healthy food for the whole body, can promote the foods that are friendly to health of the whole body, implementing the common risk factor approach under a single theme. Labelling healthy food as ‘health‐friendly’ based on an international consensus will provide a clear and uniform picture of what is healthy to eat and result in an international integrated programme for prevention of obesity and caries.
Scholarships or Student Loans? Subsidizing Higher Education in the Presence of Moral Hazard
Authors: CIGNO ALESSANDRO , LUPORINI ANNALISA 
Published: January 2009

AbstractAn income‐contingent loan scheme can at best replicate the allocation brought about by a scholarship scheme financed by a graduate tax, and only on condition that there is nothing to stop the policy maker from using tuition fees as if they were taxes. If that is not possible, even the best loan scheme will exclude some well‐qualified school leaver from university. Even if individual study effort is observable, but more so if it is not, it is not socially desirable that all students should specialize in the subjects that promise the highest graduate earnings.
Enhancing Knowledge Transfer in Classroom Versus Online Settings: The Interplay Among Instructor, Student, Content, and Context
Authors: Nemanich Louise , Banks Michael , Vera Dusya 
Published: January 2009

ABSTRACTThis article integrates management education and organizational learning theories to identify the factors that drive the differences in student outcomes between the online and classroom settings. We draw upon theory on knowledge transfer barriers in organizations to understand the interlinking relationships among presage conditions, deep learning process, and product in the 3P model of student learning. We test our model in the context of undergraduate education and find that confidence in the instructor's expertise, perceived content relevance, and the social richness of the classroom learning environment enhance student enjoyment of the course. Confidence in instructor's expertise and perceived content relevance also contribute to greater understanding of causal relationships among course concepts. Enjoyment is positively associated with learning performance in the classroom, but not online, and student ability is positively associated with learning performance in the online context, but not in the classroom. Our results have implications for course designs in the traditional classroom context and the more innovative online environment.
Weblog Technology for Instruction, Learning, and Information Delivery*
Authors: Shim J. P. , Guo Chengqi 
Published: January 2009

ABSTRACTEver since Weblog emerged as an infusive online communication tool over the last decade, its impacts have been witnessed by the Internet society at large. Meanwhile, more and more universities and colleges are offering online classes enhanced by Web technology. In this article, we investigate the role of Weblog combined with face‐to‐face lectures through a three‐phase study that examines college students' perception of Weblog used in class. Ordinary least squares (OLS) regression and Multivariate Analysis of Variance (MANOVA) techniques are employed to recognize meaningful patterns from collected data. The findings lie in the aspects of: relationship between level of study and the perceived value of Weblog, the relationship between level of Weblog experience and the perceived value of Weblog, and factors contributing to students' perception of Weblog usage. As the first work of its kind examining Weblog adoption from student perspective, this article provides educators, researchers, and practitioners with conceptual and practical references.
Gender Differences in the Effect of Auditory Stimuli on Ventricular Repolarization in Healthy Subjects
Authors: NAKAGAWA MIKIKO , SEKINE YASUKO , ONO MARI , TANIGUCHI YAYOI , TAKAHASHI NAOHIKO , YONEMOCHI HIDETOSHI , SAIKAWA TETSUNORI 
Published: January 2009

Introduction:Gender differences in the incidence of ventricular arrhythmias have been reported and torsade de pointes associated with long‐QT syndrome (LQTS) is more common in women than men. Although auditory stimulation has been recognized as an important trigger of torsade de pointes in LQT2 patients, the normal response and gender differences in ventricular repolarization induced by auditory stimuli remained to be evaluated systematically.Methods:Holter ECGs were recorded in 30 healthy volunteers (14 men aged 25 ± 4 years and 16 women aged 23 ± 2 years). They were awakened by an alarm clock at 5:00 am. The RR and QT (QTc) intervals and the T‐wave amplitude were measured before and after alarm ringing.Results:The morphology of the T‐wave changed dynamically and transiently during awakening. The RR interval significantly decreased just after sounding of the alarm in both sexes (P < 0.0001). The QT interval changed little after the alarm ringing and was significantly longer in women than men (P < 0.0001). The QTc intervals were significantly prolonged just after alarm ringing in both sexes (P < 0.0001); QTc prolongation was significantly longer and more sustained in women than men (P < 0.0001). The T‐wave amplitude decreased after the alarm and was significantly lower in women than men (P = 0.0001).Conclusion:Auditory stimulation abruptly and abnormally modulated the dynamics of ventricular repolarization in healthy subjects; the effect was more pronounced in women than men. This gender difference may partially account for the increased susceptibility of women with electrically unstable hearts to arrhythmogenesis.