Punishing the Pen with the Sword?: Colombia\u27s New, Extreme, and Ineffective Punishment for Plagiarism

The Colombian Supreme Court of Justice recently sentenced a professor to two years in prison for plagiarizing a student’s thesis, an extreme punishment by both comparative and Colombian standards. Despite its severity and global ramifications, the decision has received little attention within the English-speaking legal community. This comment provides an overdue analysis of the case and clarifies the current state of Colombian copyright law, both on the books and on the ground. The comment argues that while the case has clarified that plagiarism is a crime in Colombia, addressing academic plagiarism through criminal punishment will likely do little to deter the behavior. The conclusion identifies major issues the case has left unresolved

Beam-Driven Return Current Instability in Solar Flares

It is generally accepted that thick-target electron beams play a major role in the production, by collisional bremsstrahlung, of hard X-ray bursts during the impulsive phase of solar flares. The large electron flux demanded by the observed X-ray photon flux in such an interpretation requires that a beam-neutralising return current be set up. Ohmic dissipation of this return current increases the energy loss of the beam electrons in addition to the energy lost in Coulomb collisions with the ambient plasma. We investigate the effect on the hard X-ray signature when the return current is unstable to the generation of low-frequency electrostatic plasma waves (i.e. waves giving rise to anomalous plasma resistivity). Specifically, we compare the thermal emission, which rises due to enhanced plasma heating, with the non-thermal yield from the beam, which falls when turbulence is excited

Vendor’s Privilege: Adheret Visceribus Rei

The article offers information on the vendor\u27s privilege on the mortgage debt as stated by the Louisiana Supreme Court. Topics discussed include failure of timely transcription of the mortgage do not affect the vendor\u27s privilege, effectiveness for failure of timely reinscription, and formulation of vendor\u27s privilege law traces back to Code Napoléon

Colombia\u27s Poetic World of Authors\u27 Moral Rights: Consideration on Imprisoning a Professor for Plagiarism

The following is a translation of Carlos Castellanos Rubio’s article in the June 2011 edition of La Revista de Derecho, Comunicaciones y Nuevas Tecnologías, a Colombian legal periodical. The article discusses a 2010 Colombian Supreme Court of Justice decision that sentenced Professor Luz Mary Giraldo to two years in prison plus monetary and civil sanctions for plagiarizing a student’s thesis, “The Poetic World of Giovanni Quessep.” The decision has been controversial in Colombia for a variety of reasons, and many have accused the Court of judicial activism. Much of this criticism stems from the Court convicting Giraldo of violating the student’s moral right to publish, or not publish, her “unpublished” work, based on an expansive reading of that statute. These critics have pointed out that the student’s work was published, and sitting in her university’s library. Others have decried the severity of the sentence, as it is the first criminal moral rights conviction in Colombian history. In this article, Mr. Castellanos explains how the Court based its decision on a broad interpretation of the personhood theory of copyright, without any discussion of the theory itself or its alternatives. He then suggests potential problems with the Court’s perspective; namely, that it might grant monopolies on unoriginal expressions and ideas, and thus stifle free expression. As a solution, the article proposes that Colombian judges develop and/or adapt analytical tools for filtering out a work’s unprotectable elements from the original, protectable elements, focusing on the idea/expression dichotomy

Reworking Louisiana’s Private Works Act

The article addresses the 2019 revision to the Private Works Act, the culmination of a long history of legislative efforts to protect contractors, laborers, suppliers and others who contribute to the improvement of an immovable, and its significance in Louisiana law

Outcomes following oesophagectomy in patients with oesophageal cancer: a secondary analysis of the ICNARC Case Mix Programme Database

Introduction: This report describes the case mix and outcomes of patients with oesophageal cancer admitted to adult critical care units following elective oesophageal surgery in England, Wales and Northern Ireland. Methods: Admissions to critical care following elective oesophageal surgery for malignancy were identified using data from the Intensive Care National Audit and Research Centre (ICNARC) Case Mix Programme Database. Information on admissions between December 1995 and September 2007 were extracted and the association between in-hospital mortality and patient characteristics on admission to critical care was assessed using multiple logistic regression analysis. The performance of three prognostic models (Simplified Acute Physiology Score (SAPS) II, Acute Physiology and Chronic Health Evaluation (APACHE) II and the ICNARC physiology score) was also evaluated. Results: Between 1995 and 2007, there were 7227 admissions to 181 critical care units following oesophageal surgery for malignancy. Overall mortality in critical care was 4.4% and in-hospital mortality was 11%, although both declined steadily over time. Eight hundred and seventy-three (12.2%) patients were readmitted to critical care, most commonly for respiratory complications (49%) and surgical complications (25%). Readmitted patients had a critical care unit mortality of 24.7% and in-hospital mortality of 33.9%. Overall in-hospital mortality was associated with patient age, and various physiological measurements on admission to critical care (partial pressure of arterial oxygen (PaO2):fraction of inspired oxygen (FiO2) ratio, lowest arterial pH, mechanical ventilation, serum albumin, urea and creatinine). The three prognostic models evaluated performed poorly in measures of discrimination, calibration and goodness of fit. Conclusions: Surgery for oesophageal malignancy continues to be associated with significant morbidity and mortality. Age and organ dysfunction in the early postoperative period are associated with an increased risk of death. Postoperative serum albumin is confirmed as an additional prognostic factor. More work is required to determine how this knowledge may improve clinical management

Using Experience and Case History Data to Enhance the Design of Piled Foundations and Predict Behaviour Characteristics

This paper explores the process of piled foundation design and how it can benefit from the inclusion of previous test data and case histories from nearby or geologically similar sites. The interaction between the soil and the structure is critical to the behaviour of a pile and is a function of both the ground conditions and the method of pile construction. An accurate model of the ground conditions is required for the design, as is a detailed knowledge of the method of pile installation and its subsequent interaction with the soil. Where case histories are available they can be utilised to refine the design or to reduce the risk associated with a solution. This is currently often done in a subjective manner by the application of engineering judgement and personal experience. This paper discusses a quantitative method which can be used to employ data from case histories and provide an objective approach to the inclusion of existing knowledge and experience. Bayesian updating is utilised to improve the model of the ground conditions and subsequently the degree of uncertainty is reduced. The probability of failure has been seen to be reduced by this process, as demonstrated through the application an example situation

Polychlorinated biphenyl exposure alters oxytocin receptor gene expression and maternal behavior in rat model

Polychlorinated biphenyl (PCB) is a persistent organic pollutant known to induce diverse molecular and behavioral alterations. Effects of PCB exposure could be transmitted to future generations via changes in behavior and gene expression. Previous work has shown that PCB-exposure can alter social behavior. The present study extends this work by examining a possible molecular mechanism for these changes. Pregnant rats (Sprague-Dawley) were exposed through diet to a combination of non-coplanar (PCB 47 - 2,20,4,40-tetrachlorobiphenyl) and coplanar (PCB 77 - 3,30,4,40- tetrachlorobiphenyl) congeners. Maternal care behaviors were examined by evaluating the rate and quality of nest building on the last 4 d of gestation and dam/pup interactions on postnatal days 1, 2, 4 and 6. On postnatal day 17, dams were euthanized and hypothalamic tissue was removed for expression analyses of the oxytocin receptor (OXTR) and cytochrome P450 1a1 (Cyp1a1). PCB altered nest building and maternal care behaviors. Specifically, there was a significant increase in time spent in low crouch and high crouch nursing posture on PND 4 and PND 6 respectively. Molecular analysis revealed that PCB exposure upregulated OXTR expression in the hypothalamus of dams. These results provide a possible molecular mechanism for PCB-induced changes in social interactions during early development

Improving 1-Year Outcomes of Infrainguinal Limb Revascularization: Population-Based Cohort Study of 104 000 Patients in England.

BACKGROUND: The availability and diversity of lower limb revascularization procedures have increased in England in the past decade. We investigated whether these developments in care have translated to improvements in patient pathways and outcomes. METHODS: Individual-patient records from Hospital Episode Statistics were used to identify 103 934 patients who underwent endovascular (angioplasty) or surgical (endarterectomy, profundaplasty, or bypass) lower limb revascularization for infrainguinal peripheral artery disease in England between January 2006 and December 2015. Major lower limb amputations and deaths within 1 year after revascularization were ascertained from Hospital Episode Statistics and Office for National Statistics mortality records. Competing risks regression was used to estimate the cumulative incidence of major amputation and death, adjusted for patient age, sex, comorbidity score, indication for the intervention (intermittent claudication, severe limb ischemia without record of tissue loss, severe limb ischemia with a record of ulceration, severe limb ischemia with a record of gangrene/osteomyelitis), and comorbid diabetes mellitus. RESULTS: The estimated 1-year risk of major amputation decreased from 5.7% (in 2006-2007) to 3.9% (in 2014-2015) following endovascular revascularization, and from 11.2% (2006-2007) to 6.6% (2014-2015) following surgical procedures. The risk of death after both types of revascularization also decreased. These trends were observed for all indication categories, with the largest reductions found in patients with severe limb ischemia with ulceration or gangrene. Overall, morbidity increased over the study period, and a larger proportion of patients was treated for the severe end of the peripheral artery disease spectrum using less invasive procedures. CONCLUSIONS: Our findings show that from 2006 to 2015, the overall survival increased and the risk of major lower limb amputation decreased following revascularization. These observations suggest that patient outcomes after lower limb revascularization have improved during a period of centralization and specialization of vascular services in the United Kingdom