bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Pheasant’s Call and the Sound of Sympathy
Authors: Mewhinney Matthew 
Published: March 2022

This article examines how literati poet-painter Yosa Buson (1716-1783) composed an elegy that transforms the conventional trope of the pheasant as a figure for representing grief and grieving and Confucian moral and social values. I argue that Buson forges a new poetic form, representing feelings of grief and the process of grieving, mourning, and longing through the conventional trope of the pheasant. At the same time, Buson makes the pheasant an object of empirical representation, allowing the sound of the pheasant’s call to reverberate through the rhythm and repetition of poetic form. This reverberation sets into motion multiple lyric events where the poet simultaneously expresses his grief, mourns the deceased, and summons the dead by performing an incantation that enlists the reader to sympathize with the bird and the poet. I show how Buson’s representation of the pheasant is conventional by exploring its allusions to Chinese and Japanese poems that represent the pheasant. I also show how Buson’s poem and representation of the pheasant are products of his present moment in the late eighteenth century, examining how his elegy is informed by late imperial Chinese lyricism, scientific empiricism, philology and the theory of mono no aware (“to sympathize or empathize with the feelings of others”) in kokugaku (Native Studies). The article contends that Buson’s conventional and innovative representation of the pheasant’s call affords the ancient verb toyomu (to reverberate) a new form, mediating sympathy through the reverberation of sound in poetic form.
The Archaeology of Hittite Landscapes
Authors: Harmanşah Ömür , Johnson Peri , Durusu-Tanrıöver Müge , Marsh Ben 
Published: March 2022

ABSTRACTThis article layers material, physical, and textual landscapes of the Hittite Empire in a compact borderland region. We argue that a real strength of landscape archaeology is in understanding and articulating medium-scale landscapes through archaeological survey methods and critical study of physical geography. Medium-scale landscapes are a milieu of daily human experience, movement, and visuality that spawn a densely textured countryside involving settlements, sacred places, quarries, roads, transhumance routes, and water infrastructures. Using the data and the experience from eight field seasons by the Yalburt Yaylası Archaeological Landscape Research Project team since 2010, we offer accounts of three specific landscapes: the Ilgın Plain, the Bulasan River valley near the Hittite fortress of Kale Tepesi, and the pastoral uplands of Yalburt Yaylası. For each, we demonstrate different sets of relationships and landscape dynamics during the Late Bronze Age, with specific emphasis on movement, settlement, taskscapes, land use, and human experience.
How big data is used as a key element for hybrid university education
Authors: Rivera Herbert Victor Huaranga , Aponte Milca Betsabé Herrera , Gonzales José Luis Arias , Chávez Milagros del Rosario Cáceres , Cahua Katherinne Diana Magaly Itusaca , Carranza Christian Paolo Martel 
Published: March 2022

Hybrid learning in universities is the blending and mixing of the learning environments, this includes both face-to-face (FTF) which implies classroom instruction and online environment (E-learning) as well. According to De Mauro, Greco and Grimaldi (2016), Ellis’ study shows that hybrid learning provides the students with the opportunity to understand and explore the real world at the same time through various authentic experiences. Authentic experience as cited by De Mauro, Greco and Grimaldi (2016) can be facilitated in the online learning environment through coming up with sufficient online learning or by blending learning to combine both online and FTF learning. The main objective of hybrid learning is to enhance effective and efficient experience through a more improved delivery model. This study is based on the review of previous articles using PRISMA methodology, it focuses on the big data as key element in hybrid learning in university education. The main objective of this study is to review 40 articles published in Scopus within 2010 to 2022 subject to big data in education, hybrid learning in universities or higher learning institutions and based on their findings the study come up with a conclusion as discussed below.
Lower Extremity Osteoarthritis: A Risk Factor for Mental Health Disorders, Prolonged Opioid Use, and Increased Resource Utilization After Single-Level Lumbar Spinal Fusion
Authors: Turcotte Justin J. , King Paul J. , Patton Chad M. 
Published: March 2022

Introduction:
Few studies have examined the effect of hip or knee osteoarthritis, together described as lower extremity osteoarthritis (LEOA) on patient outcomes after lumbar fusion. The purpose of this study was to evaluate the effect of LEOA on postoperative outcomes and resource utilization in patients undergoing single-level lumbar fusion.

Methods:
Using a national deidentified database, TriNetX, a retrospective observational study of 17,289 patients undergoing single-level lumbar fusion with or without a history of LEOA before September 1, 2019, was conducted. The no-LEOA and LEOA groups were propensity score matched, and 2-year outcomes were compared using univariate statistical analysis.

Results:
After propensity score matching, 2289 patients with no differences in demographics or comorbidities remained in each group. No differences in the rate of repeat lumbar surgery were observed between groups (all P > 0.30). In comparison with patients with no LEOA, patients with LEOA experienced higher rates of overall and new onset depression or anxiety, prolonged opioid use, hospitalizations, emergency department visits, and ambulatory visits over the 2-year postoperative period (all P < 0.02).

Conclusion:
Patients with LEOA undergoing single-level lumbar fusion surgery are at higher risk for suboptimal outcomes and increased resource utilization postoperatively. This complex population may benefit from additional individualized education and multidisciplinary management.
DEVELOPMENT OF ENTERPRISES AND TECHNOLOGIES OPERATING WITH THE HELP OF DIGITAL TECHNOLOGIES
Authors: Mulaydinov Farhod  , Keldiboyeva Zumradkhon 
Published: March 2022

Businesses that work with the digital economy and technology are not any other economy or technology that has to be created from scratch. It means transforming an existing economy into a new system by creating new technologies, platforms and business models and introducing them into everyday life.
On the CPR's Tridentian Fig Leaf and the Commercial Court's Judicial Veil  Part I
Authors: Soto-Miranda Diego F. 
Published: March 2022

In this first section of a two-part article the author expresses the opinion that the domestic (English) judicial system fails to acknowledge the Strasbourg court’s accepted opinion that, the right ‘ . . . to a fair [ . . ..] hearing . . .’, as per the right of access to Court, should be differentiated as between: (i) ‘physical’; and, (ii) ‘remedial’; access to the court. The second section will deal with two cases illustrating the points the author makes regarding access to the court. The first arises from a Spanish domicile (instructing on DPA terms), abattoir hygiene consultant’s claims for: (a) breach of his former company’s articles of association; and, (b) fraudulent misrepresentation, by his then English domiciled business partner. The second arises from a Paraguayan domiciled, international businessman’s claims for breach of a: (c) multi-jurisdictional crossborder credit transfer agreement; and, (d) company director’s personal guarantee, secured on two real property mortgages (in Brazil), as well as other UK based assets. A jurisprudence-based analysis of the potential justice deficit resulting from the judiciary’s seemingly automaton perceptions of their common law and statutory obligations under the Civil Procedure Act 1997 and the consequential Civil Procedure Rules. Accordingly, it is suggested that the premature applicability of (1) the CPR 3.4(2) Strikeout and CPR 24(2) Summary Judgment procedures, as well as (in the domestic litigation context), (2) the CPR 11(1) (including CPR PD 6B para. 3.1(6)) Challenge to Jurisdiction procedure, not only (a) fetter and wrongfully infringe the Respondent’s right to fully test the Applicant’s evidence contrary to Articles 6(1), 6(3) and 13 ECHR, as the astute Applicant acts before disclosure, but also (b) flouts the court’s and judiciary’s section 6(3)(a)-(b) Human Rights Act 1998 public authority duties, failing to note that they: ‘ . . . must consider all matters capable of having a bearing on that judgment, must act equitably as between [the parties], and must [find] accordingly.’ Thus, the court and judiciary acting as decision makers must not follow rules blindly: (i) irrespective of the weight of (I suggest misconstrued) precedent; and, (ii) in light of the degree of discretion purportedly given by Parliament.
The CISG and Croatian Courts
Authors: Slakoper Zvonimir 
Published: March 2022

SUMMARY The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: the CISG) is undisputedly one of the most important and successful achievements in the global harmonization and unification of the law of contract. Eighty-nine states became parties to the Convention to support this claim which proves this fact (http://www. uncitral.org/uncitral/en/uncitral_texts/sale_goods/ 1980CISG_status.html.). The CISG had been applied by Croatian courts even before 1991, when the Republic of Croatia became the subject of (public) international law, because Croatia was part of the former Socialist Federative Republic of Yugoslavia, that ratified the CISG on 27 March 1985 with entering into force on 1 January 1988. After gaining independence, the Republic of Croatia notified its succession and the CISG entered into force in relation to Croatia on 8 October 1991 (Official Journal of the Republic of Croatia, No. 15/98). Without any exaggeration and based on facts, it can be said that the CISG is a particularly important source of sales law for Croatian companies. This conclusion can be derived from the scope of application of the CISG as defined under Article 1, the number of states that had adopted it, and the fact that companies located in the Member States are the most important foreign trade partners of Croatian companies (According to the data of the Croatian State Statistics Bureau, in 2017 Croatian companies were exporting an overwhelming value of goods to Austria, the Czech Republic, France, Italy, Hungary, the Netherlands, Germany, Slovenia, Great Britain, Bosnia and Herzegovina, Serbia, Russia, Japan and the USA (https://www.dzs.hr/Hrv_ Eng/publication/2017/04-02-01_01_2017.htm). Although not all of them are Member States of the CISG, the applicable law for sales contracts is regularly the law of the state where the seller is located and this leads to the application of the CISG as the source of Croatian law.). This in turn led Croatian legal literature to pay special attention to the CISG, which resulted in numerous papers dedicated to the CISG (For an exhaustive list of papers published in Croatia see Tepeš, Nina: Mehanizam popunjavanja pravnih praznina u Konvenciji Ujedinjenih naroda o ugovorima o meðunarodnoj kupoprodaji i unifikacija prava meðunarodne kupoprodaje (Gap-filling mechanism in United Nations Convention on Contracts for International Sale of Goods and Unification of Law on International Sale of Goods), u Zbornik Pravnog fakulteta u Zagrebu 62, (1–2) (2012), page 670), but also to the application of the CISG by Croatian Courts. Although court disputes are undesirable, the number of disputes where the CISG was applied is proportional to the number of sales contracts to which the CISG has been applied.
Legal, Political and Economic Role of Transnational Corporations
Authors: Nwafor Ndubuisi , Nwafor Morning-Glory , Nwabueze Edeh Kingsley , Josiah Alozie Onyedikachi 
Published: March 2022

Economically, division of labour brings about greater output of production. In transnational corporations individuals, government and countries could combine to bring about an enterprise. Where such exist, economic advantage will have been greatly achieved. In transnational corporations enterprises exist outside the country in which the entrepreneurs are based. This article introduces the subject matter, gives a brief historical development of transnational corporations, and examines the global environmental crises. The legal, political and economic roles of transnational corporations come under review.Also the article examines the United Nations Code of Conduct for Transnational Corporations and concludes that transnational corporations have made the world an easy market and countries have benefited from their roles, and the world looks forward to even further benefits of corporations.
Transnational corporations, political roles, global environmental crisis, United Nations, Developing countries
Understanding, Preventing and Fighting Administrative Corruption in the Business Registration Regime in Ghana
Authors: Beeri Kasser-Tee Clara Kowlaga 
Published: March 2022

The greatest challenge identified in the business registration regime in Ghana is the delays in obtaining the requisite permits, licences and certificates to enable one to commence business in Ghana. Research conducted under the Strategic Partnerships to Prevent and Fight Administrative Corruption in Ghana Project, (the ‘FSPPFACP’) reveals that these delays are primarily the root cause of administrative corruption in the business registration regime in Ghana (PEF, Feb. 2020. Research Report Identifying and Detailing the Cost Implications the Gaps, Delays and Other Inefficiencies. https://www.pef.org.gh/index. php/en/2015-11-04-19-46-07/pef-research-reports/item/ download/31_8f1e597e6b231bc2c38e0b94c6294864.). This article provides context and statistics to understand the cause of administrative corruption in the business licensing, permit and certification regime in Ghana. The article submits that the fight against administrative corruption in the business registration regime in Ghana will be a mirage unless it is targeted at eliminating unnecessary delays in the business registration regime. The article further makes recommendations on eliminating the delays in the business registration regime and on preventing and fighting administrative corruption in the business registration regime in Ghana through the effective implementation and use of service delivery charters and automation of services among others.
Administrative Corruption, Administering Agency, Bribes, Business Registration Regime, FSPPFACP, GIPC, RGD, Service Delivery Charter, TIN.
Overseas Direct Investment from India: Setting Up of Step-Down Subsidiaries
Authors: Maheshwari Shubhangi 
Published: March 2022

The Indian legal framework regulating overseas direct investment from India is evolving to adapt to the challenges put forth by the increase in outward investment. In this context, the Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2004 govern the setting up of step-down subsidiaries by an overseas Joint Venture (JV) or Wholly Owned Subsidiary (WOS) of Indian residents. The Regulations, while prohibiting the setting up of step-down subsidiaries by an overseas JV/WOS of an individual, allow the same in the case of overseas JV/WOS of other entities. This article argues that the reasons for this differential treatment include the historically restrictive approach of the Reserve Bank of India towards individuals and its concerns against the roundtripping of funds. The article lays down the context in which the Regulations operate by looking at the reasons that influence outward direct investment in India. It then analyses the regulatory approach governing the setting up of overseas step-down subsidiaries vis-à-vis individuals and other entities, highlighting the underlying concerns of curbing the menace of round-tripping of funds. The article concludes with critiquing the differential treatment between individuals and entities, and the restrictive approach taken in curbing the problem of round-tripping of funds.
Indian overseas direct investment, step-down subsidiary, outward Indian investment, multi-layered corporate structure, round-tripping, Reserve Bank of India, Foreign Exchange Management Act.
A Sustainable and Inclusive Capitalist’s Epoch: A Modern Economic and Investment Theory for the Benefit of Our Common Future?
Authors: Srivastava Paridhi 
Published: March 2022

Re-allocation of capital in the economy is important to align the attention of the economic and investment environment from short-term profit generation at the cost of sustainable development to long-term value creation amidst the greatest social and environmental changes of our time. This article is set in the context of the growing awareness amongst economic actors, such as institutional investors who play an important role in the allocation of capital in the economy in the first place, on the need to encourage sustainable and inclusive capitalism using an Environmental, Social and Governance centric (ESG) investing approach to help achieve the goals of sustainable development. Nevertheless, a majority of institutional investors across the world consider ESG investing as a sheer moral obligation, which often creates a conflict with their fiduciary duties. This article seeks to analyse the conflict between the fiduciary duty (before and according to law) of loyalty and care owed to beneficiaries and a correlative duty (beyond and besides the law) of loyalty and care to promote sustainable development owed to future generations. An investor’s palpable dilemma: How does one draw a line between this duty and that duty? This article argues for application of the casuistry theory, an antiquated and uncredited art of moral reasoning, to reinterpret the modern prudent investor rule and bring the duty to promote sustainable development within the framework of the legally binding fiduciary duty owed to beneficiaries. This article will further scan the evolving legal jurisdiction of India, an important player in achieving the goals of sustainable development, on the adequacy of disclosures of ESG risks and performance indicators in the Indian capital markets compared to the developments in the UK, EU and USA, so as to disentangle the blurred lines between the causation and correlation of ESG performance with the financial performance of a company.
environmental, social and governance centric investing approach (ESG investing), sustainable development, fiduciary duty of loyalty and care, correlative duty of loyalty and care, casuistry theory
Case for Review of Laws on Foreign Business Participation in Nigeria
Authors: E. Nlerum Francisca 
Published: March 2022

In Nigeria, the question is whether laws on foreign business participation are simple, clear and coherent in relation to implementation and the ability of a foreign company to navigate the process? This article advocates the review of laws on foreign business participation in Nigeria. Foreign businesses, unless exempted, are required to be registered under the Companies and Allied Matters Act (CAMA), 2020 in addition to registrations and obtaining of permits, licences and approvals under several laws and agencies of government. The paper argues that the laws pose large and unclear compliance requirements and peculiarities and thus produce administrative and bureaucratic bottlenecks. The lack of cohesion among the agencies in implementation creates a cumbersome, lengthy process and an inadequate environment resulting in navigation challenges for foreign companies. There is a need for the development of a simple and clear digitized process automation for registrations, applications and approvals. The recent development of a digital process at the Corporate Affairs Commission (CAC) must be clear, seamless and in existence in all agencies, especially in the era of the Coronavirus diseases 2019 (COVID-19) pandemic. Also, coherence among the agencies and collaboration between the agencies and the foreign companies is required.
advocacy, review, laws, foreign, company, business, participation, implementation, digitization, Nigeria
Whistleblower Protection in the UK: A Case for Reform
Authors: Nwoha Onyeka 
Published: March 2022

Whistleblowing in the UK is regulated by the Public Interest Disclosure Act 1998 (PIDA). The primary purpose of this article is to critically examine the position of whistleblowers in the UK. This article argues that notwithstanding the attempt to amend the PIDA with the Enterprise and Regulatory Reform Act 2013, the provision of adequate protection for whistleblowers has not been sufficiently addressed and there is need to consider reforms to the present whistleblowing law in the UK. This article also proffers some suggestions to mitigate the weaknesses inherent in the PIDA.
PIDA, Whistleblowing, United Kingdom, Law Reform
The Controversy of Executive Remuneration: Pay Ratios and Other Approaches
Authors: Arsalidou Demetra , Labi Clement 
Published: March 2022

The regulation of executive pay needs a radical rethinking. Due to the current emphasis on the consequences of the pandemic on companies, and the calls for fairer pay designs, increased scrutiny of pay, pay gap reporting and accompanying narratives is inevitable. Adopting a clear policy on pay can prove a solid tool in promoting positive perceptions and encouraging a persuasive response to any adverse scrutiny of pay issues. Yet, regulating executive pay is a balancing act. Societies and the law must preserve companies’ freedom to decide their own executives’ pay whilst safeguarding fairness within pay structures. Clearly, in making laws on executive pay, governments in western economies must accommodate for many conflicting policy views and variables: whether to allow company boards to exercise their powers of management free of (further) government limitation, or to extend regulation in order to tackle the general public’s concern over executive greed and unethical pay structures.
Criminal and civil enforcement, Fraud, Game theory, HMRC, Tax returns.
Highlights of Nigeria’s Federal Competition and Consumer Protection Act 2018: An Overview
Authors: Adetoro David Oluwadare 
Published: March 2022

The Federal Competition and Consumer Protection Act 2018 (FCCPA) was eventually signed into law in April 2019 and same is to be known as the Federal Competition and Consumer Protection Act. The Act repealed the Consumer Protection Act, Cap. 25, laws of the Federation of Nigeria, 2014 and established the Federal Competition and Consumer Protection Commission (FCCPC) and the Competition and Consumer Protection Tribunal for the development and promotion of fair, efficient and competitive markets in the Nigerian economy. This prized enactment came after a painstaking drafting process, which was saddled with many drafts, seminars, debates, and ‘behind-the-scenes maneuvers’. It remains to be seen whether it is now respite to the consumers or yet another regulatory hype. (There are yet to be any real judicial proceedings in this matter save for some administrative measures that have been taken in recent times.)
Consumer Protection, competition law, Nigeria, commercial transactions, Federal Competition and Consumer Protection Act.