RELATIVE GROWTH OF THE SPECKLED SWIMMING CRAB ARENAEUS-CRIBRARIUS (LAMARCK, 1818) (BRACHYURA, PORTUNIDAE), NEAR UBATUBA, STATE OF SAO-PAULO, BRAZIL

Arenaeus cribrarius is a mainly tropical crab that occurs in the Western Atlantic Ocean, Brazil being its type-locality. The species ranges from Vinevard Sound, Massachusetts, USA to La Paloma, Uruguay. Information about this species is scarce. The relative growth of A. cribrarius was analyzed, based on some morphometric relations, where the carapace width, excluding lateral spines (CW), was used as an independent variable. A total of 403 specimens (189 males and 214 females), was collected in Ubatuba, State of São Paulo, Brazil, with otter-trawls. The animals were sexed and sorted to maturation phase (juvenile or adult). Some measurements were made: carapace (length and width excluding lateral spines), abdomen (greatest width of the fifth somite in females and the sixth in males) and major chela (greatest length, width and height, dactylus length). This study was made by the application of the power function (y=a.x(b)) which was fitted to the data and the pattern of growth established for each parameter by the ''b''-value (constant of allometry), as positive allometry (b>1), negative allometry (b<1) or isometry (b=1). The morphometric relations of the carapace showed a tendency to isometry. In females, the abdominal width grew in positive allometry, higher in juveniles (b=1.33) than in adults (b=1.18). In this case, an overlap and discontinuity was noticed between the phases over a carapace width range of 55 to 70 mm, where the puberty molt occurs. The majority of relationships showed that the major chela of the males grew in positive allometry, however, the greatest allometric difference between the phases was observed towards the propodus length with 1.09 as juvenile and 1.26 as adult ''b''values. In the males, this variable showed an inflection between the CW range of 45' to 55 mm, where the transition to the maturation phase occurs. The relative growth of this species is similar to those of previously studied species. This indicates, that the propodus length and the abdominal width are the morphometric variables most appropriate to estimate the size of the beginning of the sexual maturity for males and females of this species, respectively.

GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

The implicit achievement motive and general life stress affect time spent on competitive matches in racquet sports

The match time spent on court in racquet sports can be perceived as dependent on the effort an athlete is willing to exert in a competition. Achievement motivation is defined as the effort a person spends on a difficult task with the completion of which she wants to meet a personal standard of excellence, wants to improve herself, or outperform others (McClelland, Atkinson, Clark, & Lowell, 1953). Fifty-two professionals of three racquet sports (tennis, table tennis, and badminton) filled in a questionnaire on their explicit achievement motive, a scale on general life stress, and a measure of the implicit achievement motive. Results indicate that the implicit but not the explicit achievement motive was able to predict the athletes' time spent on court (effort). Additionally the general life stress scale was negatively related to time spent on court. Findings are in line with theoretical assumptions that actual behavior is linked to the implicit achievement motive and that higher levels of general life stress lead to impaired performance in sports.

The Effectiveness of Court Mandated Intervention Versus Voluntary Services in Child Protective Services:

The general objective of this research was to compare the relative effectiveness of court mandated services versus a voluntary service plan in preventing in child maltreatment recidivism. Four-thirty-two children were selected at random from among children in a large California County who were receiving in-home services under a court mandate or a voluntary plan. Protective services files of study children were reviewed to derive study data. Type of plan did not make a difference on case outcome. Children were more likely to remain in the home at the end of the service delivery period in families that received voluntary plans. However, when other factors are controlled, the advantage of a voluntary plan disappears. Moreover, similar rates of recidivism were noted between both types of plans after the case was closed.

Minerva o El Revisor General.

Mensual.

Manuscript copy of the book of Harvard, 1767

The pamphlet-sized manuscript includes "The Book of Harvard" signed "Joseph Cummings, scriptis, Janr 7th 1767," an untitled two-page essay beginning, "Wisdom is ye Crown of life" and ending "Draught of Knowledge, let us with a laudable ambition, strive to excel each other in an ardent pursuit of Learning, then shall we raise to ourselves a monument of honest fame, which shall perish only in ye general wreak of nature," and on the last page, "An Accrostick" beginning "Jangling & Discord are thy Souls delight" and spelling out JAMES MITCHEL VARNUM dated July 3, 1767 and signed "The 3d edition revised & improved by Gove & Fogg."

A plan of Cambridge Green, 1780 September 14

Small pen-and-ink and watercolor drawing of Cambridge Green created by Harvard senior John Davis, presumably as part of his undergraduate mathematical coursework. The map surveys Cambridge Commons and includes a few rough outlines of College buildings and the Episcopal church, and notes the burying ground, and the roads to Charlestown, Menotomy, the pond, Watertown, and the bridge. The original handwritten text is faded and was annotated with additional text by Davis including the note "[taken in my Senior year at H. College Septr 1780] Surveyed in concert with classmates, Atkins, Hall 1st, Howard, Payne, &c.- J. Davis." There is a note that "Atkins afterwards took the name of Tying." Davis refers to Dudley Atkins Tyng, Joseph Hall, Bezaleel Howard, and Elijah Paine, all members of the Harvard Class of 1781.

Letter, 17 January 1795

Letter written from York to an unnamed correspondent, in which Sewall discusses political matters, court and legislative business, and news from a recent visit to Boston. With extensive comments on the nature of winter weather in New England.

Notes of cases decided in the Superior and Supreme Judicial Courts of Massachusetts from 1772 to 1789: taken by the Hon. William Cushing, one of the judges during that period and most of the time Chief Justice

Notes of cases taken by Judge William Cushing during his tenure on the Massachusetts superior and supreme courts. (Formerly MS 2141.)

Record of cases before the magistrate of Agawan, Springfield, Massachusetts, 1638-1702

Contains a record of cases before magistrate William Pynchon from 1639 to 1650. Notes are continued by his son, John, from 1652 to 1701. Included also are a record of marriages (1665-1702), a list of freemen, and a record of freemen meetings (1660-1696).

[ Minutes of the proceedings of a general courts-martial], 1776

Varick served as judge advocate during these court-martial proceedings.

Precedents book of Massachusetts law, 1775

A commonplace book kept by Parsons outling various legal issues including getting a negro with child, slander, deceit, bills of exchange, debt,assault and battery, quantum meruit by a physician, ejectment, covenant, and liberty of the yard. Many of these topics include also forms of declaration.

Compendium logicæ secundum principia D. Renati Descarte catechisticè propositum : [1693]

Small leather hardcover volume containing a manuscript copy of William Brattle’s abstract of René Descartes’ "Compendium Logicae" copied in Latin, likely by Thomas Phipps in 1693. A crossed out inscription on the inside back cover appears to read “Thomas Phips 1693” likely referring to Thomas Phipps, a member of the Harvard Class of 1695.