The trial: how procedure shapes substance

The rules and the principles of the common law are formed from the cases decided in courts of common law. The unique nature of the evolution of the common law has long been the subject of study. Less frequently studied has been the impact of procedure upon the development of substantive law. This paper examines how the procedures applicable to the trial of a case can affect the substance of the resulting decision. The focus of the examination is the decision in Bell v Lever Bros [1932] AC 161. While the case has long been regarded as a leading, albeit confusing, contract law case it is also greatly concerned with the conduct of litigation. This paper argues that the substantive decision was largely determined by the civil procedure available. Different rules of civil procedure, it is suggested, would have resulted in a better decision in the English law of contract.

The level of compliance with the International Code of marketing of breast-milk substitutes: does it matter to stock markets?

The present paper explores, theoretically, and empirically, whether compliance with the International Code of marketing of breast-milk substitutes impacts on financial performance measured by stock markets. The empirical analysis, which considers a 20-year period, shows that stock markets are indifferent to the level of compliance by manufacturers with the International Code. Two important issues emerge from this result. Based on our finding that financial performance as measured by stock markets cannot explain the level of compliance, the first issue refers to what alternative types of mechanisms drive manufacturers who comply the least with voluntary codes such as the International Code. Conversely, from our finding that stock markets do not reward the most compliant, the second issue raised is an inherent weakness of stock markets to fully incorporate social and environmental values.

Comparison of TAMSAT and CPC rainfall estimates with raingauges, for southern Africa

Two different TAMSAT (Tropical Applications of Meteorological Satellites) methods of rainfall estimation were developed for northern and southern Africa, based on Meteosat images. These two methods were used to make rainfall estimates for the southern rainy season from October 1995 to April 1996. Estimates produced by both TAMSAT methods and estimates produced by the CPC (Climate Prediction Center) method were then compared with kriged data from over 800 raingauges in southern Africa. This shows that operational TAMSAT estimates are better over plateau regions, with 59% of estimates within one standard error (s.e.) of the kriged rainfall. Over mountainous regions the CPC approach is generally better, although all methods underestimate and give only 40% of estimates within 1 s.e. The two TAMSAT methods show little difference across a whole season, but when looked at in detail the northern method gives unsatisfactory calibrations. The CPC method does have significant overall improvements by building in real-time raingauge data, but only where sufficient raingauges are available.

Dissolution or disillusion: the unravelling of civil partnerships

This chapter considers the following questions: • Why did more men register a civil partnership initially than women? • Why has the gender ratio equalised? • Why have women dissolved their civil partnership at a consistently higher rate than men? • What has happened to the argument that same-sex unions will be different from, or better than (with its assumption of longer-lasting), heterosexual unions?

Transport of animals between rooms: A little-noted aspect of laboratory procedure that may interfere with memory

This study investigated the effects of transporting animals from the experimental room to the animal facility in between experimental sessions, a procedure routinely employed in experimental research, on long-term social recognition memory. By using the intruder-resident paradigm, independent groups of Wistar rats exposed to a 2-h encounter with an adult intruder were transported from the experimental room to the animal facility either 0.5 or 6h after the encounter. The following day, residents were exposed to a second encounter with either the same or a different (unfamiliar) intruder. Resident`s social and non-social behaviors were carefully scored and subjected to Principal Component Analysis, thus allowing to parcel out variance and relatedness among these behaviors. Resident rats transported 6h after the first encounter exhibited reduced amount of social investigation towards familiar intruders, but an increase of social investigation when exposed to a different intruder as compared to the first encounter. These effects revealed a consistent long-lasting (24h) social recognition memory in rats. In contrast, resident rats transported 0.5 h after the first encounter did not exhibit social recognition memory. These results indicate that this common, little-noted, laboratory procedure disturbs long-term social recognition memory. (C) 2011 Elsevier B.V. All rights reserved.

Thermal Performance of a Solarus CPC-Thermal Collector

The  aim  of  this  master  thesis  is  an  investigation  of  the  thermal  performance  of  a  thermal compound parabolic concentrating (CPC) collector from Solarus. The collector consists of two troughs with absorbers which are coated with different types of paint with  unknown  properties.  The  lower  and  upper  trough  of  the  collector  have  been  tested individually. In  order  to  accomplish  the  performance  of  the  two  collectors,  a  thorough  literature  study  in  the  fields  of  CPC  technology,  various  test  methods,  test  standards  for  solar thermal  collectors  as  well  as  the  latest  articles  relating  on  the  subject  were  carried  out. In addition, the set‐up of the thermal test rig was part of the thesis as well. The thermal  performance  was  tested  according  to  the  steady  state  test  method  as  described in the European standard 12975‐2. Furthermore, the thermal performance of  a  conventional  flat  plate  collector  was  carried  out  for  verification  of  the  test  method. The  CPC‐Thermal  collector  from  Solarus  was  tested  in  2013  and  the  results  showed  four  times  higher  values  of  the  heat  loss  coefficient  UL (8.4  W/m²K)  than  what  has been reported for a commercial collector from Solarus. This value was assumed to be too large and it was assumed that the large value was a result of the test method used that time. Therefore, another aim was the comparison of the results achieved in this work with the results from the tests performed in 2013. The results of the thermal performance showed that the optical efficiency of the lower trough of the CPC‐T collector is 77±5% and the corresponding heat loss coefficient UL 4.84±0.20  W/m²K.  The  upper  trough  achieved  an  optical  efficiency  of  75±6  %  and  a  heat loss coefficient UL of 6.45±0.27 W/m²K. The results of the heat loss coefficients  are  valid  for  temperature  intervals  between  20°C  and  80°C.  The  different  absorber paintings have a significant impact on the results, the lower trough performs overall better.  The  results  achieved  in  this  thesis  show  lower  heat  loss  coefficients UL and higher optical efficiencies compared to the results from 2013. 

Main problems with the taxation of civil society organizations in Brazil: certifications and impact on payroll

The objective of this paper is to identify and analyze the main problems in the taxation—regarding both taxes themselves and compliance costs of taxation—of civil society organizations in Brazil. This study is qualitative descriptive research. A multiple case study with 26 organizations was performed. The results show that the problems mainly affect organizations with lower revenue and that do not work in the areas of education, health or social care. The main problems involve the taxation of the payroll and the difficulties related to obtaining and maintaining certifications. The study concludes with suggestions for the improvement of the regulatory framework.

Effect of cooling procedure on final denture base adaptation

Well-fitted dentures prevent hyperplasic lesions, provide chewing efficiency and promote patient's comfort. Several factors may affect final adaptation of dentures, as the type of the acrylic resin, the flask cooling procedure and the water uptake. This investigation evaluated the effect of water storage and two different cooling procedures [bench cooling (BC) for 2 h; running water (RW) at 20 degreesC for 45 min] on the final adaptation of denture bases. A heat-cured acrylic resin (CL, Classico, Classico Artigos Odontologicos) and two microwave-cured acrylic resins [Acron MC, (AC) GC Dent. Ind. Corp.; Onda Cryl (OC), Classico Artigos Odontologicos] were used to make the bases. Adaptation was assessed by measuring the weight of an intervening layer of silicone impression material between the base and the master die. Data was submitted to ANOVA and Tukey's test (0.05). The following means were found: (BC) CL=0.72 +/- 0.03 a; AC=0.70 +/- 0.03 b; OC=0.76 +/- 0.04 c//(RW) CL= 1.00 +/- 0.11 a; AC=1.00 +/- 0.12 a; OC=0.95 +/- 0.10 a. Different labels join groups that are not statistically different (P > 0.05). Comparisons are made among groups submitted to the same cooling procedure (BC or RW). The conclusions are: interaction of type of material and cooling procedure had a statistically significant effect on the final adaptation of the denture bases (P < 0.05); water storage was not detected as a source of variance (P > 0.05) on the final adaptation.

The role of civil society in preventing and combating human trafficking

Includes bibliography

Report of civil society organizations and final panel with participation of guest speakers from civil society organizations

Includes bibliography

The major unresolved issues in the negotiations on the UNCTAD Code of Conduct for the transfer of technology

Includes bibliography