bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Reappraisal of Quasi-Estoppel
Authors: Wilson J. F. 
Published: January 2009

In a recent article in the Cambridge Law Journal, Dr. D. M. Gordon, q.c., sets out systematically to demolish the theory of quasi-estoppel propounded by Denning J. in Central London Property Trust Ltd. v. High Trees House Ltd. In his closely reasoned argument he seeks to prove that no authority is to be found in case-law, either before or after 1947, to support any principle of this type, which he believes has been totally discredited by dicta in the later case of Tool Metal Manufacturing Co. Ltd. v. Tungsten Electric Co. Ltd. He further goes on to assert that the results of the implementation of such a principle would be arbitrary and undesirable in contrast with what he believes to be the clear rule of law laid down in the two nineteenth-century cases of Jorden v. Money and Foakes v. Beer. In short, it appears to be his view that a creditor who promises to forgo contractual rights without consideration and then subsequently retracts his promise and seeks to enforce his strict legal rights is both legally and ethically justified in doing so.These are sweeping allegations which call for an answer. The object of this paper is to examine the validity of these arguments and to reassert that not only does authority exist to support a principle of quasi-estoppel of the type outlined by the writer on a previous occasion, but also to suggest that the implementation of this principle is most desirable if the rule of law is to be brought into line with commercial expectation and commercial practice.
Undisclosed Principals in Contract
Authors: Goodhart A. L. , Hamson C. J. 
Published: January 2009

THE comparatively recent case of Collins v. Associated Greyhound Racecourses, Ltd. has raised in a forcible manner two old difficulties—namely, the legal position of undis–closed principals, and, as a corollary, the meaning of ‘person–ality,’especially in contracts involving undisclosed principals.We are here concerned with a situation in which A, an undisclosed principal, employs B, an agent, to contract with C, a third party, in B's own name. By ‘undisclosed principals’ here are meant principals whose existence is not known to the third party and not principals who, known to be existent by the third party, are nevertheless not identified by name. By ‘agent’ is meant a person who in his own name contracts ostensibly for his own account, but behind whom there stands an undisclosed principal.Before discussing Collins' Case we propose first to examine the general position of undisclosed principals.
This Polemis Business
Authors: McNair Arnold D. 
Published: January 2009

Year by year in lecturing on the law of contracts I am asked by successive generations of students whether the Polemis decision applies to the measure of damages for breach of contract. This decision is one which gives no practitioner sleepless nights, but troubles the teacher and the student a good deal. It seems therefore worth while to preserve from destruction such documentary information as may throw any light upon the case beyond what is afforded by the reports of the judgments of Sankey J. (as he then was) and of the Court of Appeal. Accordingly, by the courtesy of Messrs. Holman, Fenwick and Willan, the solicitors for the owners of the Thrasyvoulos, I am able to print the following documents:—1. Points of Claim.2. Letters of April 26, 1920, from charterers' solicitors demanding particulars and of April 28, 1920, from owners' solicitors in reply.3. Points of Defence.4. Respondents' (charterers') Contentions.5. Claimants' (owners') Contentions.6. Award and Special Case dated December 20, 1920.7. Further Finding by the Arbitrators dated February 11, 1921.8. Judgment of Sankey J. dated May 5, 1921, which, though reported in 26 Commercial Cases and 37 Times Law Reports, is reprinted here from the transcript for the benefit of readers to whom these reports may not be available.
Excavation with nuclear explosives…promise and problems
Authors: Johnson Gerald W. 
Published: January 2009

The Plowshare Program, devoted to exploring the potential constructive uses of nuclear explosions, was formally established in 1957 by the Atomic Energy Commission. Many of the ideas, thoughts, and suggestions for such applications had been put forth from the time it appeared possible to release energy from the nucleus in a controlled manner, using either reactors or explosions. In fact, in 1939, immediately after the publication of the discovery of the fission of uranium early in that year, many speculations appeared in the press concerning possible industrial uses of nuclear energy. Congress, in writing the Atomic Energy Act, noted, in the declaration of that Act, that “atomic energy is capable of application for peaceful as well as military purposes”. In addition, the stated policy of the United States is that:
“a. the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
“b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.”
Letter of Correction
Authors: Fajans Kasimir 
Published: January 2009

In the obituary of Theodore H. Berlin, on p. 96 of the February 1963 issue, I find the following omission. The last three lines of the second paragraph should read as follows:
“While at Michigan he had studied under Professors Fajans and Uhlenbeck, and at the time of his death he cooperated with the former on a book on chemical binding, with the latter on a book on statistical physics.”
Principal component analysis of native ensembles of biomolecular structures (PCA_NEST): insights into functional dynamics
Authors: Yang Lee-Wei , Eyal Eran , Bahar Ivet , Kitao Akio 
Published: January 2009

Abstract
Motivation: To efficiently analyze the ‘native ensemble of conformations’ accessible to proteins near their folded state and to extract essential information from observed distributions of conformations, reliable mathematical methods and computational tools are needed.
Result: Examination of 24 pairs of structures determined by both NMR and X-ray reveals that the differences in the dynamics of the same protein resolved by the two techniques can be tracked to the most robust low frequency modes elucidated by principal component analysis (PCA) of NMR models. The active sites of enzymes are found to be highly constrained in these PCA modes. Furthermore, the residues predicted to be highly immobile are shown to be evolutionarily conserved, lending support to a PCA-based identification of potential functional sites. An online tool, PCA_NEST, is designed to derive the principal modes of conformational changes from structural ensembles resolved by experiments or generated by computations.
Availability: http://ignm.ccbb.pitt.edu/oPCA_Online.htm
Contact: lwy1@iam.u-tokyo.ac.jp
Supplementary information: Supplementary data are available at Bioinformatics online.
Recruitment in a changing environment: the 2000s North Sea herring recruitment failure
Authors: Payne Mark R. , Hatfield Emma M. C. , Dickey-Collas Mark , Falkenhaug Tone , Gallego Alejandro , Gröger Joachim , Licandro Priscilla , Llope Marcos , Munk Peter , Röckmann Christine , Schmidt Jörn O. , Nash Richard D. M. 
Published: January 2009

Abstract
Payne, M. R., Hatfield, E. M. C., Dickey-Collas, M., Falkenhaug, T., Gallego, A., Gröger, J., Licandro, P., Llope, M., Munk, P., Röckmann, C., Schmidt, J. O., and Nash, R. D. M. 2009. Recruitment in a changing environment: the 2000s North Sea herring recruitment failure. – ICES Journal of Marine Science, 66: 272–277. Environmentally induced change appears to be impacting the recruitment of North Sea herring (Clupea harengus). Despite simultaneously having a large adult population, historically low exploitation, and Marine Stewardship Council accreditation (implying sustainability), there have been an unprecedented 6 sequential years of poor juvenile production (recruitment). Analysis suggests that the poor recruitment arises during the larval overwintering phase, with recent survival rates greatly reduced. Contemporary warming of the North Sea has caused significant changes in the plankton community, and a recently identified regime shift around 2000 shows close temporal agreement with the reduced larval survival. It is, therefore, possible that we are observing the first consequences of this planktonic change for higher trophic levels. There is no indication of a recovery in recruitment in the short term. Fishing mortality is currently outside the agreed management plan, and forecasts show a high risk of the stock moving outside safe biological limits soon, potentially precipitating another collapse of the stock. However, bringing the realized fishing mortality back in line with the management plan would likely alleviate the problem. This illustrates again that recruitment is influenced by more than just spawning-stock biomass, and that changes in other factors can be of equal, or even greater, importance. In such dynamically changing environments, recent management success does not necessarily guarantee future sustainability.
Soil–atmosphere exchange of greenhouse gases in a Eucalyptus marginata woodland, a clover‐grass pasture, and Pinus radiata and Eucalyptus globulus plantations
Authors: LIVESLEY S. J. , KIESE R. , MIEHLE P. , WESTON C. J. , BUTTERBACH‐BAHL K. , ARNDT S. K. 
Published: January 2009

AbstractSoils provide the largest terrestrial carbon store, the largest atmospheric CO2 source, the largest terrestrial N2O source and the largest terrestrial CH4 sink, as mediated through root and soil microbial processes. A change in land use or management can alter these soil processes such that net greenhouse gas exchange may increase or decrease. We measured soil–atmosphere exchange of CO2, N2O and CH4 in four adjacent land‐use systems (native eucalypt woodland, clover‐grass pasture, Pinus radiata and Eucalyptus globulus plantation) for short, but continuous, periods between October 2005 and June 2006 using an automated trace gas measurement system near Albany in southwest Western Australia. Mean N2O emission in the pasture was 26.6 μg N m−2 h−1, significantly greater than in the natural and managed forests (< 2.0 μg N m−2 h−1). N2O emission from pasture soil increased after rainfall events (up to 100 μg N m−2 h−1) and as soil water content increased into winter, whereas no soil water response was detected in the forest systems. Gross nitrification through 15N isotope dilution in all land‐use systems was small at water holding capacity < 30%, and under optimum soil water conditions gross nitrification ranged between < 0.1 and 1.0 mg N kg−1 h−1, being least in the native woodland/eucalypt plantation < pine plantation < pasture. Forest soils were a constant CH4 sink, up to −20 μg C m−2 h−1 in the native woodland. Pasture soil was an occasional CH4 source, but weak CH4 sink overall (−3 μg C m−2 h−1). There were no strong correlations (R < 0.4) between CH4 flux and soil moisture or temperature. Soil CO2 emissions (35–55 mg C m−2 h−1) correlated with soil water content (R < 0.5) in all but the E. globulus plantation. Soil N2O emissions from improved pastures can be considerable and comparable with intensively managed, irrigated and fertilised dairy pastures. In all land uses, soil N2O emissions exceeded soil CH4 uptake on a carbon dioxide equivalent basis. Overall, afforestation of improved pastures (i) decreases soil N2O emissions and (ii) increases soil CH4 uptake.
Factors affecting masticatory performance of Japanese children
Authors: OUEIS HASSAN 
Published: January 2009

Aim.  The aim of this study was to analyse occlusal parameters and body variables to examine the factors accounting for masticatory performance of Japanese children in relation to adults.Methods.  Sixty‐six children and 24 adults chewed three pieces of a colour‐changeable chewing gum, separately, for 30 s, 60 s, and 90 s. The colour change was measured at 30 s using L* a* b* colour space system. Biting force, occlusal contact areas, and occlusal pressure were recorded by Dental Prescale. Number of strokes, and the height and weight of the subjects were included in the statistical analysis.Results.  Within each sample, Student's t‐test revealed significant differences among a* values at the three chewing times in which the value of a* (indicator of red) increased as the length of chewing time increased (P < 0.05). Multiple regression analysis showed that the rate of mandibular movement in preschool children has a significant impact on masticatory performance (P < 0.05). In schoolchildren, the rate of mandibular movement, biting force, and body weight were significant factors (P < 0.05). In adults, occlusal contact area, biting force, and the rate of mandibular movement were the significant factors (P < 0.05).Conclusion.  Factors affecting masticatory performance differ according to the developmental stage of the individual.
Willingness to participate in preventive HIV vaccine trials in a community‐based cohort in south western Uganda
Authors: Ruzagira Eugene , Wandiembe Symon , Bufumbo Leonard , Levin Jonathan , Price Matthew A. , Grosskurth Heiner , Kamali Anatoli 
Published: January 2009

SummaryObjectives  To assess willingness to participate in HIV vaccine trials and possible barriers to participation.Methods  Questionnaire survey of participants completing a 2‐year community‐based HIV Vaccine Preparedness Study, followed by cross sectional analysis of data.Results  95% of participants were willing to participate in a trial with similar attributes to the Vaccine Preparedness Study. Certain hypothetical trial attributes significantly reduced willingness to participate: The requirement to delay pregnancy (for females) had the largest effect, reducing willingness to participate from 97% to 23% (P < 0.0001). Larger blood draws had the second largest effect: 95–55% (P < 0.0001). The possibility of receiving either candidate vaccine or placebo had the third largest effect: 95–73% (P < 0.0001). Monthly study visits had the fourth largest effect: 95–92% (P < 0.0001). Trial duration longer than 2 years had the least effect: 95–93% (P = 0.0025). Combined attributes reduced willingness to participate from 95% to 43% (McNemar’s χ2 = 521.00; P < 0.0001) overall and 97–11% (McNemar’s χ2 = 531.00; P < 0.0001) for female participants. Physical harm concerns (adjusted OR = 34.9; 95% CI, 10.4–118) and a low risk behaviour index (adjusted OR = 0.09; 95% CI, 0.01–0.73) were associated with unwillingness to participate.Conclusions  We found a high level of willingness to participate in HIV vaccine trials in this population. However, certain HIV vaccine trial requirements were associated with reduced willingness to participate. Community as well as individual concerns will have to be carefully addressed in planned HIV vaccine trials.
Community engagement in health research: two decades of experience from a research project on HIV in rural Uganda
Authors: Nakibinge S. , Maher D. , Katende J. , Kamali A. , Grosskurth H. , Seeley J. 
Published: January 2009

SummaryObjectives To describe how a research project on HIV epidemiology in rural Uganda has engaged the community over the past two decades, describing activities, opportunities and challenges that have arisen.Method The review draws on the experience of the authors as investigators involved in the project at various times since its inception in 1989, and on project documents and peer‐reviewed publications.Results The project attracts community interest, participation and support mostly through community groups. The three main areas of activity are: health care and promotion, HIV/AIDS prevention and care, and community development aimed at poverty reduction. Key opportunities arise from the long‐term joint commitment of the project and the community over nearly 20 years, and the potential to accommodate research beyond HIV. Challenges arise from participation fatigue, countered by innovations for the community and investment in capacity development for staff, and from the need to balance community development expectations and the project focus on HIV research.Conclusions Judged by criteria of longevity, acceptance, and scientific output, community engagement in this HIV research project in rural Uganda has been successful. The experience from this project contributes to the collective documentation and analysis of case studies from various research projects in developing countries which identify good practices from multiple stakeholder perspectives.
Sickness and Aggressive Behavior in Dominant and Subordinate Mice*
Authors: Cohn Daniel W. H. , De Sá‐Rocha Luiz C. 
Published: January 2009

AbstractSick animals show a set of organized behavioral changes (sickness behavior), which is the result of a motivational re‐organization of the behavior as a whole. Sickness behavior display can be influenced by the social context. In this work, we sought to investigate the regulation of sickness behavior within a pair of mice in the presence of an intruder mouse. Dominant and subordinate mice were treated with the bacterial endotoxin lipopolysaccharide (LPS) and were challenged with the presence of an intruder mouse. LPS effects depended on ranking and social context. Even though dominant mice displayed more agonistic interaction towards the intruder, subordinate mice displayed agonistic behavior towards the intruder when their dominant companion was treated with LPS. The results show that, not only sickness behavior is differentially expressed among different social ranks, but also that sickness behavior is related to different reactions among surrounding animals. These data are relevant for a biological approach to the relation between sickness behavior and social behavior.
Biased Citation Practice and Taxonomic Parochialism
Authors: Taborsky Michael 
Published: January 2009

AbstractCitation bias in scientific literature is as widespread as unwelcome. Among other drawbacks, it has a detrimental influence by the wide use of citation statistics for political decisions on resource distribution. Here I ask whether a taxonomic citation bias exists in behavioural studies. The analysis revealed that (1) the taxonomic citation bias is on average large, with nearly a quarter of articles in a haphazardly chosen sample referring to the studied taxon alone, and (2) behavioural studies on mammals and birds show a significantly larger bias than work on other taxa. In contrast, research themes and questions studied do not seem to influence the taxonomic citation bias. Authors of different regions of the world do not differ in their taxonomic citation bias, and the number of papers cited in an article does not relate to the degree of bias. I discuss potential reasons for the substantial citation bias revealed by this analysis and conclude that taxonomic parochialism is a likely cause.
Assessing the quality of the volume‐outcome relationship in uro‐oncology
Authors: Mayer Erik K. , Purkayastha Sanjay , Athanasiou Thanos , Darzi Ara , Vale Justin A. 
Published: January 2009

OBJECTIVETo assess systematically the quality of evidence for the volume‐outcome relationship in uro‐oncology, and thus facilitate the formulating of health policy within this speciality, as ‘Implementation of Improving Outcome Guidance’ has led to centralization of uro‐oncology based on published studies that have supported a ‘higher volume‐better outcome’ relationship, but improved awareness of methodological drawbacks in health service research has questioned the strength of this proposed volume‐outcome relationship.METHODSWe systematically searched previous relevant reports and extracted all articles from 1980 onwards assessing the volume‐outcome relationship for cystectomy, prostatectomy and nephrectomy at the institution and/or surgeon level. Studies were assessed for their methodological quality using a previously validated rating system. Where possible, meta‐analytical methods were used to calculate overall differences in outcome measures between low and high volume healthcare providers.RESULTSIn all, 22 studies were included in the final analysis; 19 of these were published in the last 5 years. Only four studies appropriately explored the effect of both the institution and surgeon volume on outcome measures. Mortality and length of stay were the most frequently measured outcomes. The median total quality scores within each of the operation types were 8.5, 9 and 8 for cystectomy, prostatectomy and nephrectomy, respectively (possible maximum score 18). Random‐effects modelling showed a higher risk of mortality in low‐volume institutions than in higher‐volume institutions for both cystectomy and nephrectomy (odds ratio 1.88, 95% confidence interval 1.54–2.29, and 1.28, 1.10–1.49, respectively).CONCLUSIONThe methodological quality of volume‐outcome research as applied to cystectomy, prostatectomy and nephrectomy is only modest at best. Accepting several limitations, pooled analysis confirms a higher‐volume, lower‐mortality relationship for cystectomy and nephrectomy. Future research should focus on the development of a quality framework with a validated scoring system for the bench‐marking of data to improve validity and facilitate rational policy‐making within the speciality of uro‐oncology.
Matching, Reallocation and Changes in Earnings Dispersion*
Authors: Burgess Simon , Lane Julia , McKinney Kevin 
Published: January 2009

AbstractThe ‘fractal’ nature of the rise in earnings dispersion is one of its key features. In this paper, we offer a new perspective on the causes of changes in earnings dispersion, focusing on the role of labour reallocation. We set out a framework showing that job and worker reallocation affects earnings dispersion. We quantify this using a data set comprising almost the universe of workers and employers in Maryland. The changing allocation of workers to jobs played a significant role in explaining movements in the dispersion of earnings.
Systematic Review of Evidence and Treatment Approaches: Psychosocial and Mental Health Care for Children in War
Authors: Jordans Mark J.D. , Tol Wietse A. , Komproe Ivan H. , De Jong Joop V.T.M. 
Published: January 2009

Background: There is a growing body of literature on interventions addressing psychosocial wellbeing and mental health of children affected by violence in low‐ and middle‐income countries.Methods: This systematic review of PubMed, PsychINFO, and PILOTS identified 500 publications (1991–2008) on interventions.Results: Sixty‐six publications (12 treatment outcome studies and 54 intervention descriptions, covering a range of treatment modalities) met inclusion criteria. Most interventions are evaluated positively, while some studies lack evidence for efficacy and effectiveness.Conclusion: Scarcity of rigorous studies, diversity of interventions, and mixed results of evaluations demonstrate a need to identify evidence‐based interventions. The literature presents consensus on a number of treatment‐related issues, yet the application remains limited across interventions.