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State courts have been instrumental in the success of arbitration as a dispute resolution process, by giving it international enforceability. Whilst parties choose arbitration to avoid dispute resolution in Courts, even the most fervent supporters of arbitration tend to welcome Courts as supporting actors in the process. The support offered by Courts naturally has limits and this this chapter concerns itself with those limits, exploring the main measures adopted by Courts in controlling arbitration.
The chapter will consider the application of Article II of the New York Convention which requires Courts to decline jurisdiction in the presence of a valid arbitration agreement and look at how this applied in practice, including the varying approaches to the Kompetenz Kompetenz principle, the review of arbitral jurisdiction by Courts and the controversial subject of anti-arbitration injunctions. The chapter will also explore Courts’ ability to refuse enforcement of arbitral awards under Article V of the New York Convention . There is a general consensus that this is an area in which a degree of control by Courts is acceptable, though the boundaries are contested.
The chapter will also consider recent developments in international litigation and the impact of these on arbitration.
The trilobite Needmorella new genus, with type species N. simoni new genus new species from the late Emsian to mid-Eifelian Needmore Shale of West Virginia, is a distinctive member of the subfamily Synphoriinae. It also occurs in the same formation in Pennsylvania and Virginia. It is not very similar to other Devonian representatives of the subfamily and is considered to have its origins in a morphologically less-derived ancestor because it shares certain similarities with Silurian genera, including the very short anterior cephalic border unmodified by crenulations or spines, S2 that is not largely reduced to a deep pit adaxially, the relatively low inflation of L3, and the well-defined interpleural furrows on the pygidium. Other particularly distinctive characters of the genus include the very long genal spines and the abaxially inflated and expanded posterior pleural bands on the thorax and pygidium that project slightly distally. The conventional concept of the Devonian synphoriine Anchiopsis Delo, 1935 appears to be incompatible with the holotype of the type species, judging from the early illustrations of the specimen, and the genus could be a synonym of Synphoria Clarke, 1894.
Family members living with relatives with severe acquired brain injury (ABI) face many challenges. Although this is recognised, service provision in the UK is poor and needs development.
Method:
In order to support innovative service delivery for family members, we reflect on the research carried out by the first author using a new perspective – a lifeworld humanising approach in order to consider (a) the dehumanising existential challenges facing family members of people living with severe ABI and (b) what family members most value in service delivery presented in humanising terms.
Findings:
Following ABI, family members may enter a parallel lifeworld (feeling separate from ‘usual’ life as it flows by) and face fundamental existential challenges of isolation, loss of agency, dislocation, loss of meaning and loss of personal journey. Family members have reported that service providers who are highly valued are those who act as ‘expert companions’. This role involves supporting families in some, if not all of the following (a) reaching across into the lifeworld of the family member and appreciating and validating what they are facing, (b) helping them make sense of their situation in terms which are meaningful to them and which they can explain to others, (c) through ABI expertise, supporting their relative through knowing their interests and needs and adapting the environment to suit these to help their relative to ‘settle’ and flourish, (d) supporting family members to share their life experiences – developing safe and trusting relationships, (e) having a humane, positive, creative and for some, a humorous approach, (f) being responsive to changing situations, (g) being available to call during times of worry or crisis and (h) help link with others and helpful networks.
Discussion:
It is suggested that the role and approach of companion may help family members regain some sense of their own life and their well-being.
This chapter explores the relationship between democracy and Christianity through the lens of Alexis de Tocqueville’s Democracy in America. As Tocqueville noted, unlike the European nations of his own day where the forces of democracy and proponents of religion were at odds, the United States in the 1830s is characterized by a harmony between religion and democracy. Tocqueville sees a number of ways in which these two forces may be mutually supportive. First and most importantly, Tocqueville regards Christianity and its affirmation of the equality of all human beings as an important source for democracy. He also finds American religion to be supportive of democratic government in the sense that it counters democratic tendencies toward cultural mediocrity, the tyranny of the majority, the pathologies of individualism, and secular materialism. Not only is Christianity necessary for the formation of democratic governments, in Tocqueville’s view, but their long-term flourishing requires a certain moderation on the part of religious believers. While it might seem that Christianity is the only religion capable of preserving democracy, a closer reading of Democracy in America would suggest otherwise.
On 23 May 2017, known Islamic terrorist Isnilon Hapilon was reported to be in western Mindanao to meet with Omar and Abdullah Maute, leaders of the Islamic State–affiliated Maute group. The Armed Forces of the Philippines (AFP) and Philippine National Police operation to arrest them set in motion a chain of events that thrust the previously little known Philippine city of Marawi into the global spotlight. This raid rapidly escalated into an urban battle that lasted for five months, involving more than 6500 Philippine military personnel. The fighting resulted in the devastation of a major city and the deaths of over 900 insurgents, at the cost of 168 AFP and security services personnel killed and over 1400 wounded.
The following speech was written in acceptance of the Distinguished Service Award of the Conference on Latin American History (CLAH) for 2020, would have been delivered at the January 2021 meeting of the American Historical Association/CLAH, were it not for the coronavirus pandemic. I share this award with the majority of the members of CLAH: the scholar-teachers of Latin American history who dedicate most of their professional time and energy to teaching undergraduates across North America. Harking back to Herbert Bolton's project for a hemispheric history, incidents and anecdotes from my own experience learning and teaching about Latin America serve to illustrate that reducing provincialism, chauvinism, and ethnocentrism among North American undergraduates are still valid objectives.
Comorbid anxiety and mood disorders occur in 30% and 60% of individuals post-ABI (acquired brain injury), respectively (Juengst et al, 2014). The presence of psychiatric symptoms correlate to poorer outcomes in post-stroke rehabilitation, worsened quality of life (QoL), and deficits in memory, attention, and processing speed that persists years following the index event. Despite this, it is unclear whether to what degree anxiety impacts cognition. Furthermore, the literature on this topic is inconsistent when comparing subjective and clinician measurements. This study seeks to ameliorate this gap in literature by analyzing how clinicians’ measures of anxiety and cognitive performance correlate with subjective assessments of patient's own anxiety symptoms.
Method
Individuals with an ABI who were seen in a clinical neuropsychiatry outpatient clinic between 2019 and 2020 completed a GAD-7 (Generalized Anxiety Disorder-7) questionnaire (patient's self-report of the severity of anxiety symptoms) and an observer completed a Neuropsychiatric Inventory Questionnaire (NPIQ) including a subscale for anxiety (NPIQ-A). Participants also underwent a formal cognitive examination with the Montreal Cognitive Assessment (MoCA). A total of 24 ABI patients (depressed ABI and non-depressed ABI) were analyzed for variation, statistical agreement and correlation. Here, total anxiety scores (using GAD-7 scores), anxiety severity (correlating category based on total GAD-7 score) were compared against the objective measures for anxiety (NPI-QA) and cognition (MoCA). In order to standardize MoCA scores, z scores were used in the statistical analysis.
Result
The patient's subjective raw scores of anxiety were statistically significantly different from the corresponding scores from objective observers on Wilcoxon-Rank Sum tests (p < 0.01), however, there was a statistical correlation between GAD (categorized by severity level) and NPI-QA (p = 0.75). Spearman Rank Correlation did show positive, but, statistically insignificant correlation between dyads of these independent variables (including GAD7/NPIQ-A, GAD 7 categorised/NPIQ-A, GAD7/MoCA, GAD 7 categorised/MoCA).
Conclusion
These findings indicate (1) self-reported measures of anxiety (GAD7) in ABI were inconsistent with objective measures of anxiety in this cohort, (2) anxiety measures did not demonstrate significant correlation when compared to objective measures for cognitive function, and (3) ABI patients did not display good insight into the severity of their anxiety symptoms as measured by the GAD7. Further research should focus on utilizing other subjective measurement tools for anxiety and/or clinician evaluation tools with NPIQ-A.
Complete atrioventricular canal defect is a CHD associated with intra-cardiac shunting of blood, which can lead to irreversible changes in pulmonary vascular resistance and pulmonary artery hypertension if unrepaired. Patients with Trisomy 21 are at risk for early development of pulmonary artery hypertension if left uncorrected.1,2
Objectives:
The purpose of this study is to describe the evolution of pulmonary artery hypertension after repair of complete atrioventricular canal defect and to determine the time to normalisation of pulmonary artery pressure in both patients with and without Trisomy 21.
Methods:
This is a single centre, retrospective analysis of patients with complete atrioventricular canal defect admitted for surgical repair at the University of Maryland Medical Center from 2005 to 2015. T-test or Mann–Whitney test and Chi-Square or Fisher’s exact tests were used to compare the two groups (patients with Trisomy 21 and those without). Repeated measures of analysis of variance and serial measurement analysis were performed.
Results:
Twenty-nine patients meeting the inclusion criteria underwent repair of complete atrioventricular defects during the study period. The right ventricular pressure estimate remained elevated over time and did not show a significant difference between the two groups. Right ventricular to systolic blood pressure ratios for all patients remained > 0.5 over the time periods assessed.
Conclusions:
Our study suggests that in patients with complete atrioventricular canal defects, the right ventricular pressure remains elevated and does not normalise on echocardiograms performed up to one year after surgery, suggesting a sustained elevation in pulmonary vascular resistance.
Prenatal exposure to nicotine, tobacco’s major addictive constituent, has been shown to reduce birth weight and increases apoptosis, oxidative stress, and mitochondrial dysfunction in the postnatal pancreas. Given that upregulated levels of the pro-oxidative adapter protein p66shc is observed in growth-restricted offspring and is linked to beta-cell apoptosis, the goal of this study was to investigate whether alterations in p66shc expression underlie the pancreatic deficits in nicotine-exposed offspring. Maternal administration of nicotine in rats increased p66shc expression in the neonatal pancreas. Similarly, nicotine treatment augmented p66shc expression in INS-1E pancreatic beta cells. Increased p66shc expression was also associated with decreased histone H3 lysine 9 methylation. Finally, nicotine increased the expression of Kdm4c, a key histone lysine demethylase, and decreased Suv39h1, a critical histone lysine methyltransferase. Collectively, these results suggest that upregulation of p66shc through posttranslational histone modifications may underlie the reported adverse outcomes of nicotine exposure on pancreatic function.
The new Sentencing Council Guideline on sentencing offenders with mental disorders, effective from 1 October 2020, is essential reading for all psychiatrists who give evidence in the criminal courts, revealing something of required judicial thinking, our common ground on public safety concerns but differences in focus on culpability and punishment.
It examines the dispute solution options the contracting parties have when their cross-border transaction turns sour. The traditional answer is that international arbitration is the best option to govern cross-border disputes. Yet recent trends have improved the enforceability of foreign judgments. This chapter argues that the foreign judgment is catching up with the foreign arbitral award in terms of enforceability. After introducing the consistent enforceability of foreign judgments in common law countries, it highlights a number of contemporary trends that are gradually improving the enforceability of foreign judgments in civil law countries. In the end, it discusses the fledgling potential of the 2005 Hague Convention on Choice of Court Agreements to standardise the law and practice of enforcement of judgments made by designated courts in exclusive choice of court agreements.
Social democracy is in a state of change and flux, and the electoral fortunes of many centre-left political parties are poor. This article offers an analysis of the current trajectory of the centre left, by detailing a systematic mapping of policy change across the family of social democratic political parties. Many of the parties, especially in the 1990s, took a ‘third way’ turn, or a shift to what has been called the ‘new social democracy’. Yet, the ‘third way’ label is a poor descriptor to capture the changing policy profile and dynamics of the family of mainstream centre-left political parties. In Adam Przeworski's view, there have been four main waves of social democracy. We employ the ‘wave’ frame to examine if there is an emergent, fifth, breaking wave of social democracy. Overall, we find that social democratic parties have moved beyond the ‘third way’; they are shifting leftwards, but they are a new kind of ‘left’ from that of previous decades.
With the legalization of marijuana (Cannabis sativa) and increasing use during pregnancy, it is important to understand its impact on exposed offspring. Specifically, the effects of Δ-9-tetrahydrocannabinol (Δ9-THC), the major psychoactive component of cannabis, on fetal ovarian development and long-term reproductive health are not fully understood. The aim of this study was to assess the effect of prenatal exposure to Δ9-THC on ovarian health in adult rat offspring. At 6 months of age, Δ9-THC-exposed offspring had accelerated folliculogenesis with apparent follicular development arrest, but no persistent effects on circulating steroid levels. Ovaries from Δ9-THC-exposed offspring had reduced blood vessel density in association with decreased expression of the pro-angiogenic factor VEGF and its receptor VEGFR-2, as well as an increase in the anti-angiogenic factor thrombospondin 1 (TSP-1). Collectively, these data suggest that exposure to Δ9-THC during pregnancy alters follicular dynamics during postnatal life, which may have long-lasting detrimental effects on female reproductive health.
PUFA modulate immune function and have been associated with the risk of childhood atopy and asthma. We investigated the effect of maternal fat intake in mice on PUFA status, elongase and desaturase gene expression, inflammatory markers and lung function in the offspring. C57BL/6J mice (n 32) were fed either standard chow (C, 20·4 % energy as fat) or a high-fat diet (HFD, 39·9 % energy as fat) for 4 weeks prior to conception and during gestation and lactation. At 21 d of age, offspring were weaned onto either the HFD or C, generating four experimental groups: C/C, C/HF, HF/C and HF/HF. Plasma and liver fatty acid composition were measured by GC and gene expression by quantitative PCR. Lung resistance to methacholine was assessed. Arachidonic acid concentrations in offspring plasma and liver phospholipids were increased by HFD; this effect was greater in the post-natal HFD group. DHA concentration in offspring liver phospholipids was increased in response to HFD and was higher in the post-natal HFD group. Post-natal HFD increased hepatic fatty acid desaturase (FADS) 2 and elongation of very long-chain fatty acid 5 expression in male offspring, whereas maternal HFD elevated expression of FADS1 and FADS2 in female offspring compared with males. Post-natal HFD increased expression of IL-6 and C-C motif chemokine ligand 2 (CCL2) in perivascular adipose tissue. The HFD lowered lung resistance to methacholine. Excessive maternal fat intake during development modifies hepatic PUFA status in offspring through regulation of gene expression of enzymes that are involved in PUFA biosynthesis and modifies the development of the offspring lungs leading to respiratory dysfunction.
Case management has been an integral part of psychiatric practice in the United States for over a decade and has generated a large body of literature. The application of case management principles to the care of people suffering from psychiatric disorders is becoming increasingly popular in the United Kingdom and Europe and literature is now beginning to be published. However, no definitive statements about the efficacy of case management have been made due to a range of conceptual and methodological problems. The present paper is a critical review of the case management outcome literature. Reported outcomes are reviewed in the context of study design and service characteristics. The authors conclude that case management practice can have at least some impact on patients' use of services (including marked decrease in in-patient bed days); satisfaction with services; engagement with services; and social networks and relationships when it is delivered as a direct, clinical service with high staff: patient ratios. A set of recommendations are suggested for the future practice and presentation of research into case management.