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1

GIBBONS, S., und D. BROWN. „Commissioner for Protection Against Unlawful Industrial Action“. Industrial Law Journal 24, Nr. 2 (01.06.1995): 190–93. http://dx.doi.org/10.1093/ilj/24.2.190.

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2

Ogonowski, Krzysztof, Jacek Nowak, Jerzy Achimowicz und Rafał Biernacki. „Protection of Air Transport Against Acts of Unlawful Interference“. Safety & Defense 6, Nr. 2 (19.12.2020): 75–88. http://dx.doi.org/10.37105/sd.89.

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Air transport consists in moving people or goods by air. Aircrafts, known as the main means of air transport, can be divided into two categories: airplanes and helicopters. Such transport is the most modern and the most dynamically developing branch of transport. It is also considered to be the safest mode of transport, even though, for various reasons, aviation accidents still occur. Security in aviation has various connotations. According to the International Civil Aviation Organization (ICAO), it is a state in which the possibility of damage to persons or property is minimized and is maintained as part of a continuous process of hazard identification and safety risk management at an acceptable level or below this acceptable level. Aviation security includes flight safety and aviation security against acts of unlawful interference. There is a significant difference between the meaning of "safety" and "security". The first of these concepts means preventing unintentional damage, while the second refers to the procedures undertaken in order to prevent deliberate damage resulting from an intentional act. As it appears from the abovementioned information, the immovable part of aviation safety is aircraft protection, including the protection of civilian airports. The aim of the article is to draw attention to the problems of air transport security, including the security of airports, related to the evolution of threats and the functioning of the airport security system. The problem that the authors address is expressed in a question: in what directions should the current solutions in the field of air transport security be improved in order to effectively prevent acts of unlawful interference in the future? Theoretical research methods, such as the analysis and synthesis of information contained in literature and source materials, inference, comparison, were used to develop the article.
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Esoimeme, Ehi Eric. „A critical analysis of the anti-corruption policy of the federal executive council of Nigeria“. Journal of Money Laundering Control 22, Nr. 2 (07.05.2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.

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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Kuzmina, N. A. „Ensuring an efficient transportation infrastructure security system by means of solutions that enable detection of intrusions into protected areas“. Dependability 18, Nr. 4 (05.12.2018): 51–55. http://dx.doi.org/10.21683/1729-2646-2018-18-4-51-55.

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Due to the nature of its operations, the transportation industry in itself is a potential source of danger. In case of unlawful aggressive intrusions the danger becomes real and fraught with grave consequences. The statistics of the last 10 to 15 years show that 50 to 70% of accomplished terrorist attacks were associated with transportation. Individual measures cannot ensure transportation security. The problem must be approached comprehensively and systemically. Transportation security greatly contributes to the national security of the Russian Federation. The Federal Law of February 9, 2007 no. 16-FZ On transportation security, for the first time in Russian practice, raised the question of securing the entire transportation industry of the Russian Federation, established the legal foundations of the activities related to the protection of transportation infrastructure and vehicles against acts of unlawful interference, including those of terrorist nature. For the first time, a single systemic approach to anti-terrorist protection is provided for all means of transportation. The transportation industry is quite vulnerable to terrorist attacks. We are talking about vehicles, transportation lines, stations, vehicles carrying dangerous loads. The vulnerability of transportation is due to the possibility of damage to signalling, automation and communication assets, whose protection is complicated due to the scale and extent of Russia’s railways. Despite the problems and objective difficulties related to the legislation in the area of transportation security, the workers of the Russian railway industry make their best effort to ensure protection of transportation infrastructure and vehicles against acts of unlawful interference. Promptly reacting to other challenges and threats, they ensure reliable operation of the transportation industry, thus preserving the peace and safety of our citizens. This paper examines matters related to ensuring efficient safety of transportation infrastructure. A significant emphasis is placed on the systems that enable detection of intrusions into protected areas of a facility.
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Alla, Amvalko. „Development of a strategy for the protection of information resources of the airport“. Technium: Romanian Journal of Applied Sciences and Technology 2, Nr. 7 (30.12.2020): 398–404. http://dx.doi.org/10.47577/technium.v2i7.2301.

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The article considers the problems of research of scientific and practical activity of the airport complex. It is proved that the aviation security system monitors the activities of the SAB, and quantitative assessment of the level of informatization of aviation security at the airport, emphasizes the need for the management system to protect the concept of creating an independent airport security system. The author argues that the assessment of cyber risks, as one of the components of the synergistic effect of the measures taken against acts of unlawful interference, will prevent cybercriminals.
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MENON, Sundaresh. „The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions“. Asian Journal of International Law 5, Nr. 2 (23.09.2014): 219–45. http://dx.doi.org/10.1017/s204425131400023x.

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The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where there is a contract between the parties; and (c) where a foreign investor looks to protect its investment against unlawful interference by a host state. It concludes with some thoughts on what might lie ahead and suggests possible solutions to the issues and challenges faced.
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Kolesár, Ján, Lucia Melníková, Daniela Heralová und Petr Daňko. „Methodology of the Auditing Measures to Civil Airport Security and Protection“. MAD - Magazine of Aviation Development 4, Nr. 20 (17.10.2016): 38. http://dx.doi.org/10.14311/mad.2016.20.07.

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Airports similarly to other companies are certified in compliance with the International Standardization Organization (ISO) standards of products and services (series of ISO 9000 Standards regarding quality management), to coordinate the technical side of standardizatioon and normalization at an international scale. In order for the airports to meet the norms and the certification requirements as by the ISO they are liable to undergo strict audits of quality, as a rule, conducted by an independent auditing organization. Focus of the audits is primarily on airport operation economics and security. The article is an analysis into the methodology of the airport security audit processes and activities. Within the framework of planning, the sequence of steps is described in line with the principles and procedures of the Security Management System (SMS) and starndards established by the International Standardization Organization (ISO). The methodology of conducting airport security audit is developed in compliance with the national programme and international legislation standards (Annex 17) applicable to protection of civil aviation against acts of unlawful interference.
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Millard, Daleen, und Eugene Gustav Bascerano. „EMPLOYERS’ STATUTORY VICARIOUS LIABILITY IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (11.07.2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a555.

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A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI). Section 99(1) of POPI provides a person (“data subject”), whose privacy has been infringed, with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for processing of personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term “responsible party” is undoubtedly a synonym for “employer” in this context. By holding an employer accountable for its employees’ unlawful processing of a data subject’s personal information, POPI creates a form of statutory vicarious liability.Since the defences available to an employer at common law, and developed by case law, differs from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act does not perhaps take matters too far.This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1) of POPI. It compares the defences found in section 99(2) of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is is too harsh, the defences contained in section 99(2) of POPI is further analogised with those available to an employer in terms of section 60(4) of the Employment Equity Act 55 of 1998 (EEA) and other comparable foreign data protection statutes.
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Grebchenko, N. V., und Y. V. Yeromenko. „FAST ADAPTIVE PROTECTION AGAINST SHORT CIRCUITS IN MICROGRID ELECTRIC NETWORKS WITH DISTRIBUTED GENERATION“. Tekhnichna Elektrodynamika 2021, Nr. 1 (14.01.2021): 57–60. http://dx.doi.org/10.15407/techned2021.01.057.

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Protection against short circuits in microgrid networks with distributed generation is proposed, in which the power of the power sources and loads are constantly changing, which leads to a change in the sensitivity of relay protection. The response current of the proposed protection automatically adapts to the current value of the line operating current. The protection includes measures to block its action in the event of short-term interference in current circuits. Protection is installed on both sides of the line and protects the entire line, provides a stable mode of operation of the network due to the quick shutdown of short circuits. The algorithm of operation and the scheme for implementing protection are given. The protection operation was tested using the parameters of the real short circuit mode. References 7, figures 3.
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Syamsudin, Rosidin. „Pengkajian Pengamanan Bandara Frans Kaisepo-Biak“. WARTA ARDHIA 35, Nr. 1 (31.03.2009): 43–66. http://dx.doi.org/10.25104/wa.v35i1.67.43-66.

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Air transportation services, security and flight safety is the main factor. Various efforts made to continually improve the level of security and safety of the flight, the good with the upgrade facilities, repair and operational management capacity building resources, human beings. International Civil Aviation Organization (ICAO) in Annex 17 Of the Security-Safeguarding International Civil Aviation Against Acts of Unlawful Interference requires that each number country is obliged to create a procedure and an action brought to prevent weapons or dangerous materials in civil aircraft.As explain standard of the above, then set the various systems and procedures of implementation in every airport and every company in the air transportation. The security of the flight center of gravity is related to passenger and goods that will leave / and transported aircraft.
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Kierzkowski, Artur, und Tomasz Kisiel. „Feasibility of Reducing Operator-to-Passenger Contact for Passenger Screening at the Airport with Respect to the Power Consumption of the System“. Energies 14, Nr. 18 (18.09.2021): 5943. http://dx.doi.org/10.3390/en14185943.

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So far, airport security screening has only been analysed in terms of efficiency, level of service, and protection against any acts of unlawful interference. Screening procedures have not yet addressed the need to limit operator-to-passenger contact. However, the pandemic situation (COVID-19) has shown that it is a factor that can be a key protection for the health of passengers and operators. The purpose of this paper was to analyse the feasibility of reducing contact between operators and passengers in the airport security screening system by process management with respect to the power consumption of the system. Experimental research was conducted on a real system. A computer simulation was applied to estimate system performance and power consumption. The paper identifies the important findings that expand upon previous knowledge. The results showed that there are two key factors: the experience of operators and proper system structure. These factors can significantly reduce the number of operator-to-passenger contacts and, in parallel, provide lower energy consumption of the system. The results obtained in this article showed that proper management improves the process by up to 37%. This approach expands the World Health Organization’s policy of prevention against COVID-19 and helps to ensure sustainable process management.
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Kulesza, Jan. „Społeczne niebezpieczeństwo czynu jako warunek kryminalizacji“. Nowa Kodyfikacja Prawa Karnego 43 (16.05.2017): 327–47. http://dx.doi.org/10.19195/2084-5065.43.18.

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Criminalization conditioned by a social threatA human action in order to be criminalized must be deemed socially harmful. In the social realm it is necessary to identify an action perceived as potentially harmful to legally protected values, that is one infringing upon them or threatening them to a degree exceeding socially accepted limits, one that is required or expected to be criminalized. The social threat as a particular characteristic of a human action serves as the broadest justification hence a verification and a rationalization of a criminal prohibition. The presumed abstract social harm a threat of an action which is to be criminalized serves as the lawmaker’s prerequisite for criminalization. Its constitutional foundations lie in the principles of a democratic state and the consecutive principle of proportionality is perceived broadly as a guarantee against the criminalization of actions that do not pose a social threat or ones that exercise individual rights and freedoms granted within the constitution. Penalizing actions that pose no social threat is a violation of the constitution. The notion of a social threat plays therefore a dual role. It obliges t he lawmaker to act in cases when the threat to individual rights and freedoms exceeds the socially acceptable level, including the obligation to introduce criminal measures against any particularly harmful infringement of those rights, but also the need to intervene in order to protect the values shared within a society. In the latter case the potential criminalization is originated within the principles and values expressed in Articles 2 and 5 of the Polish constitution. On the other hand, the potential social harm of an action serves as a safeguard against a too far reaching legal interference in individual rights and freedoms. This purpose is expressed in Article 31 para. 3 of the constitution. This limitative clause is to warrant the right balance between the protection of individual rights and freedoms or the protection of shared social values and state interference in those individual rights and freedoms necessary to ensure such protection.
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Justyński, Krzysztof. „Police in the System of Public Safety — Polish Experience“. Internal Security 9, Nr. 1 (29.12.2017): 99–108. http://dx.doi.org/10.5604/01.3001.0010.7437.

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As a uniformed and armed force, whose mission it is to serve and protect both people’s safety and public order, the police have been established on the basis of the 6 April 1990 Police Act. The basic police responsibilities cover protection of health, life and property against unlawful attacks, protection of public order and safety — including assurance of peace in public places and on public transport, investigation of crime, prosecution of offenders, and finally counter-terrorist activity. In addition, police are obliged to initiate and organize activities designed to prevent crime, minor offences and criminogenic phenomena. The list of police tasks is steadily getting longer and longer and it seems that this upward trend will continue in the years to come. This makes it necessary to implement legal and organizational solutions with a view to enhancing the effectiveness of policing — on the one hand measured by a systematic search for increasingly rational procedures, and on the other one by a decreasing number of illegal activities undertaken by the criminal underworld due to their awareness of the risk of being detected and the certainty of punishment. A good way of improving police performance is to precisely determine the tasks carried out as part of preventive action as well as decisive action aimed at elimination of identified threats or their consequences.
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Kurbanov, Marufjon. „Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan“. Psychology and Education Journal 58, Nr. 1 (01.01.2021): 2123–35. http://dx.doi.org/10.17762/pae.v58i1.1090.

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This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.
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Sambor, Mykola. „Proceedings on administrative lawsuits to remove obstacles and prohibit interference with the exercise of the right to freedom of peaceful assembly: current issues of legal regulation“. Slovo of the National School of Judges of Ukraine, Nr. 4(29) (11.02.2020): 31–44. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-3.

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The right to freedom of peaceful assembly, among others, is characterized by the fact that, in addition to the communicative function caused by human socialization, it is the guarantor of the exercise of other rights and freedoms from unjustified interference in the private legal sphere of the subjects of public administration. Given the procedural guarantees outlined above, ensuring the exercise of the right to freedom of peaceful assembly is crucial not only for the right, but also for the legal order in the country. The analysis of administrative procedural guarantees, in the form of the respective rights of the subject of exercise of the right to freedom of peaceful assembly and the rights and duties of representatives of the subjects of public administration, gives grounds for the conclusion that the legislator puts the representatives of public administration in a condition where the latter have priority conditions vis-à-vis defendants - subjects of the exercise of the right to freedom of peaceful assembly. As a result, the procedural issues and guarantees for removing obstacles and prohibiting interference with the exercise of the right to freedom of peaceful assembly in the norms of the Code of Administrative Judiciary of Ukraine are completely vague. In addition, a number of concepts that impede the exercise of the right to freedom of peaceful assembly are an alternative both to criminal liability and to judicial action. Even an appeal against a decision of a court of first instance in cases of administrative actions for the removal of obstacles and prohibition of interference with the exercise of the right to freedom of peaceful assembly is recognized as an appeal against the decision of the administrative court to establish restrictions on the exercise of the right to freedom of peaceful assembly. We are convinced that the norms of the Code of Administrative Judiciary of Ukraine require qualitative changes regarding the creation of guarantees for the exercise of the right to peaceful assembly from unwarranted and unlawful interference by public administration entities based on the fundamental principles of the rule of law, respect for human rights and freedoms. Keywords: right to freedom of peaceful assembly, removal of restrictions, procedural guarantees.
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BROCKHAUS, Florian, und Bernhard BRÜNE. „Overexpression of CuZn superoxide dismutase protects RAW 264.7 macrophages against nitric oxide cytotoxicity“. Biochemical Journal 338, Nr. 2 (22.02.1999): 295–303. http://dx.doi.org/10.1042/bj3380295.

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Initiation of nitric oxide (NO•)-mediated apoptotic cell death in RAW 264.7 macrophages is associated with up-regulation of mitochondrial manganese superoxide dismutase (MnSOD; SOD2) and down-regulation of cytosolic copper zinc superoxide dismutase (CuZnSOD; SOD1) at their individual mRNA and protein levels. To evaluate the decreased CuZnSOD expression and the initiation of apoptosis we stably transfected macrophages to overexpress human CuZnSOD. Individual clones revealed a 2-fold increase in CuZnSOD activity. Expression of a functional and thus protective CuZnSOD was verified by attenuated superoxide (O2•-)-mediated apoptotic as well as necrotic cell death. In this study we showed that SOD-overexpressing macrophages (R-SOD1-12) were also protected against NO•-initiated programmed cell death. Protection was substantial towards NO• derived from exogenously added NO donors or when NO• was generated by inducible NO synthase activation, and was evident at the level of p53 accumulation, caspase activation and DNA fragmentation. Stimulation of parent and SOD-overexpressing cells with a combination of lipopolysaccharide and murine interferon γ produced equivalent amounts of nitrite/nitrate, which ruled out attenuated inducible NO• synthase activity during protection. Because protection by a O2•--scavenging system during NO•-intoxication implies a role of NO• and O2•- in the progression of cell damage, we used uric acid to delineate the role of peroxynitrite during NO•-elicited apoptosis. The peroxynitrite scavenger uric acid left S-nitrosoglutathione or spermine-NO-elicited apoptosis unaltered, blocking only 3-morpholinosydnonimine-mediated cell death. As a result we exclude peroxynitrite from contributing, to any major extent, to NO•-mediated apoptosis. Therefore protection observed with CuZnSOD overexpression is unlikely to stem from interference with peroxynitrite formation and/or action. Unequivocally, the down-regulation of CuZnSOD is associated with NO• cytotoxicity, whereas CuZnSOD overexpression protects macrophages from apoptosis.
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Inamdar, Arati A., Anathbandhu Chaudhuri und Janis O’Donnell. „The Protective Effect of Minocycline in a Paraquat-Induced Parkinson's Disease Model inDrosophilais Modified in Altered Genetic Backgrounds“. Parkinson's Disease 2012 (2012): 1–16. http://dx.doi.org/10.1155/2012/938528.

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Epidemiological studies link the herbicide paraquat to increased incidence of Parkinson's disease (PD). We previously reported thatDrosophilaexposed to paraquat recapitulate PD symptoms, including region-specific degeneration of dopaminergic neurons. Minocycline, a tetracycline derivative, exerts ameliorative effects in neurodegenerative disease models, includingDrosophila. We investigated whether our environmental toxin-based PD model could contribute to an understanding of cellular and genetic mechanisms of minocycline action and whether we could assess potential interference with these drug effects in altered genetic backgrounds. Cofeeding of minocycline with paraquat prolonged survival, rescued mobility defects, blocked generation of reactive oxygen species, and extended dopaminergic neuron survival, as has been reported previously for a genetic model of PD inDrosophila. We then extended this study to identify potential interactions of minocycline with genes regulating dopamine homeostasis that might modify protection against paraquat and found that deficits in GTP cyclohydrolase adversely affect minocycline rescue. We further performed genetic studies to identify signaling pathways that are necessary for minocycline protection against paraquat toxicity and found that mutations in theDrosophilagenes that encode c-Jun N-terminal kinase (JNK) and Akt/Protein kinase B block minocycline rescue.
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Shafren, D. R., J. Gardner, V. H. Mann, T. M. Antalis und A. Suhrbier. „Picornavirus Receptor Down-Regulation by Plasminogen Activator Inhibitor Type 2“. Journal of Virology 73, Nr. 9 (01.09.1999): 7193–98. http://dx.doi.org/10.1128/jvi.73.9.7193-7198.1999.

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ABSTRACT Therapeutic interference with virus-cell surface receptor interactions represents a viable antiviral strategy. Here we demonstrate that cytoplasmic expression of the serine protease inhibitor (serpin), plasminogen activator inhibitor type 2 (PAI-2), affords a high level of protection from lytic infection by multiple human picornaviruses. The antiviral action of PAI-2 was mediated primarily through transcriptional down-regulation of the following virus receptors: intercellular adhesion molecule 1 (ICAM-1, a cellular receptor for the major group of rhinoviruses), decay-accelerating factor (a cellular receptor for echoviruses and coxsackieviruses), and to a lesser extent the coxsackie-adenovirus receptor protein (a cellular receptor for group B coxsackieviruses and group C adenoviruses). Expression of related cell surface receptors, including membrane cofactor protein and the poliovirus receptor, remained unaffected. These findings suggest that PAI-2 and/or related serpins may form the basis of novel antiviral strategies against picornavirus infections and also therapeutic interventions against ICAM-1-mediated respiratory inflammation.
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Setyarini, Desak Made, Ni Luh Mahendrawati und Desak Gde Dwi Arini. „Pertanggungjawaban Direksi Perseroan Terbatas Yang Melakukan Perbuatan Melawan Hukum“. Jurnal Analogi Hukum 2, Nr. 1 (04.03.2020): 12–16. http://dx.doi.org/10.22225/ah.2.1.1608.12-16.

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Abstract-Directors in a limited liability company can be likened to a life for the company. The Board of Directors in carrying out their duties in managing a limited liability company has the possibility to carry out acts against the law both civil and criminal in nature. However, acts against the law can be directly carried out by the company through its organs, or vice versa, acts against the law are carried out by employees and the company is responsible. Based on this, the problem is obtained: 1) what forms of unlawful actions by the Board of Directors in managing a limited liability company (Corporation)? 2) What is the responsibility of the Directors who commit illegal acts? This research method uses normative legal research, with literature studies of primary and secondary legal materials. Based on research findings, it is known that: 1) Forms of unlawful acts carried out by directors: using company money/ wealth for personal gain, company information for personal gain, conducting related parties transactions with companies, prohibiting competition with the company 2) Directors' responsibility for illegal acts is regulated in Law No. 40 of 2007 the directors are responsible for managing the company where the management has to be done by each member of the board of directors, in good faith and full of responsibility. From this, it is necessary to optimize the implementation and supervision of the Corporation Law which substantially provides protection to business stakeholder and other public rights. Keyword: Accountability of Directors, Limited Liability Companies, Action against the Law Abstrak-Direksi di dalam perseroan terbatas dapat diumpamakan sebagai nyawa bagi perseroan. Direksi dalam menjalankan tugasnya mengelola perseroan terbatas memiliki kemungkinan untuk melakukan perbuatan melawan hukum baik bersifat perdata maupun pidana. Akan tetapi, perbuatan melawan hukum itu dapat langsung dilakukan oleh perusahaan melalui organ-organnya, atau sebaliknya perbuatan melawan hukum itu dilakukan oleh pegawai dan perusahaan wajib mempertanggungjawabkan. Berdasarkan hal tersebut maka didapatlah permasalahan yakni 1) Bagaimana bentuk perbuatan melawan hukum yang dilakukan oleh Direksi di dalam mengurus perseroan terbatas? 2) Bagaimana tanggung jawab Direksi Perseroan Terbatas yang melakukan perbuatan melawan hukum? Metode penelitian ini menggunakan penelitian hukum normatif, dengan studi kepustakaan dari bahan hukum primer dan sekunder. Berdasarkan temuan penelitian diketahui bahwa: 1) Bentuk perbuatan melawan hukum yang dilakukan oleh direksi: mempergunakan uang/ kekayaan perseroan untuk kepentingan pribadi, informasi perseroan untuk kepentingan pribadi, melakukan transaksi dengan perseroan, larangan bersaing dengan perseroan 2) Pertanggungjawaban direksi atas perbuatan melawan hukum diatur dalam UU No. 40 Tahun 2007 direksi bertanggung jawab atas pengurusan perseroan dimana pengurusan itu wajib dilaksanakan setiap anggota direksi dengan itikad baik dan penuh tanggung jawab. Dari hal tersebut sebaiknya Perlu optimalisasi pelaksanaan dan pengawasan UUPT yang secara substansial memberikan perlindungan kepada pelaku bisnis dan hak-hak publik lainnya. Kata Kunci: Pertanggungjawaban Direksi, Perseroan Terbatas, Melawan Hukum
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Paida, Yuriy, und Denys Savchuk. „Procedure for the use of physical force, special means and firearms“. Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, Nr. 1 (29.03.2021): 13–22. http://dx.doi.org/10.31733/2078-3566-2021-1-13-22.

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The article addresses the issue of guarantees the individual rights and in the scope of coercion. These guarantees should be a reliable protection against possible unlawful actions by officials in the course of coercion and operate in order not create unnecessary obstacles to repid response. As a rule, the guarantee of individual rights take effect either upon application or after its application to the individual. Therefore, it is emphasized that legal means of preventive action play a special role in ensuring the rights of citizens in the process of applying administrative and coercive measures. The types of proceeding classifications concerning the use of coercive measures in the scientific and educational literature are discussed in detail. They are carried out on various grounds, but the most common is the classification depending on the nature of the administrative case, of the traditional separation of nonjurisdictional administrative proceedings and jurisdictional administrative proceedings. Emphasis is placed on the study of their main stages of implementation: deciding or obtaining permission to use coercive measures; warning of intent to use coercion; providing necessary assistance; prompt report on the negative consequences of coercion measures use and the submission of procedural documents on the application of appropriate measures and others. It is noted that any state coercion is a very sharp weapon, because it restricts the freedom of those it is applied to and significantly violates their rights and interests in one way or another. Therefore, it could be applied only there and to the extent that it is really necessary. In order to avoid its misuse, the state strictly regulates the procedure for its application, providing necessary guarantees to those it is applied to.
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Christiaens, Olivier, Jinzhi Niu und Clauvis Nji Tizi Taning. „RNAi in Insects: A Revolution in Fundamental Research and Pest Control Applications“. Insects 11, Nr. 7 (03.07.2020): 415. http://dx.doi.org/10.3390/insects11070415.

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In this editorial for the Special Issue on ‘RNAi in insect pest control’, three important applications of RNA interference (RNAi) in insects are briefly discussed and linked to the different studies published in this Special Issue. The discovery of the RNAi mechanism revolutionized entomological research, as it presented researchers with a tool to knock down genes, which is easily applicable in a wide range of insect species. Furthermore, RNAi also provides crop protection with a novel and promising pest control mode-of-action. The sequence-dependent nature allows RNAi-based control strategies to be highly species selective and the active molecule, a natural biological molecule known as double-stranded RNA (dsRNA), has a short environmental persistence. However, more research is needed to investigate different cellular and physiological barriers, such as cellular uptake and dsRNA degradation in the digestive system in insects, in order to provide efficient control methods against a wide range of insect pest species. Finally, the RNAi pathway is an important part of the innate antiviral immune defence of insects, and could even lead to applications targeting viruses in beneficial insects such as honeybees in the future.
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Woodall, G. J. „The use of the condom to protect against the transmission of HIV in prisons“. Medicina e Morale 48, Nr. 6 (31.12.1999): 1073–86. http://dx.doi.org/10.4081/mem.1999.788.

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This article rose as a response to a practical moral question about whether or not condoms ought to be distributed to inmates in prisons of England and Wales to protect those who indulge in homosexual, genital encounter from the danger of contagion from the HIV virus. The suggestion has been made that doctors in prison should distribute condoms to those who ask for them. The analysis offered here examines a number of presuppositions, some of which are articulated and expressively embraced, others which remains tacit, perhaps never seriously entertained. The former includes the efficacy of the condom as a protection against the transmission of the virus through genital encounter, the notion that the role of the State does not extend to interference in the sphere of private morality, and, more explicit in an initial response to the proposal, that people’s consciences ought to be respected. The latter include the opinion that there is, nevertheless, a responsibility attaching to prison authorities for the well-being of inmates, if only to protect them from contagion, that sexuality is a matter of merely private morality, that morality concerns what is consequential upon deliberate action, but not a question of intrinsic good or evil. It si argued here that the degree of protection afforded by the condom is over-estimated, that the implicit function of the State and of prisons is to foster the common good, and that this entails a duty of care for prisoners, especially for the weakest and most vulnerable. Although a thorough-going reform of prisoners is not the direct responsibility of prison authorities, it is argued that there is an obligation not to damage them or to facilitate such damage. The impact of what is contemplated upon family and upon society is considered. The proposal envisaged would seem to threaten the well-being of inmates, the stability of prisons, the institution of marriage, and the likelihood of an eventual, successful rehabilitation of prisoners into society. To foment a practice which is intrinsically immoral cannot be justified, it is claimed here, even were the lesser evil argument can be invoked. Rights of the conscience and the correlative duty to respect conscience do not legitimate practices which are of their nature wrong. It is argued that the adoption of the policy proposed by bodies with a duty to the State and to society for the common good would in fact undermine the common good by facilitating what is scandalous.
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McClain, Charles J. „The Chinese Struggle for Civil Rights in 19th-century America: The Unusual Case of Baldwin v. Franks“. Law and History Review 3, Nr. 2 (1985): 349–73. http://dx.doi.org/10.2307/743633.

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In its October term 1882, the United States Supreme Court handed down a decision which aborted federal efforts to deal with anti-black violence in the states of the old Confederacy. At issue in the case of United States v. Harris was the constitutionality of a federal statute, Section 5519 of the Revised Statutes of the United States of 1874, which made it a crime for private persons to conspire to deprive other individuals of the equal protection of the laws. A group of white Tennesseeans had been convicted under the statute for assaulting and badly beating a group of black criminal defendants in the custody of local authorities. The court held that there was no foundation in the Constitution for the federal law and voided it, thus overturning the convictions. The 14th Amendment, the purported basis for the statute, was aimed, according to the court, at state action and did not empower Congress to legislate against purely private conduct. It was the same line of reasoning that would lead the court in its following term, in the celebrated Civil Rights Cases, to declare unconstitutional Section 1 of the Civil Rights Act of 1875, which established civil and criminal penalties for racially motivated interference with anyone's full and equal enjoyment of public accommodations and conveyances.
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GALVANO, FABIO, ANDREA PIVA, ALBERTO RITIENI und GIACOMO GALVANO. „Dietary Strategies to Counteract the Effects of Mycotoxins: A Review“. Journal of Food Protection 64, Nr. 1 (01.01.2001): 120–31. http://dx.doi.org/10.4315/0362-028x-64.1.120.

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We reviewed various dietary strategies to contain the toxic effects of mycotoxins using antioxidant compounds (selenium, vitamins, provitamins), food components (phenolic compounds, coumarin, chlorophyll and its derivatives, fructose, aspartame), medicinal herbs and plant extracts, and mineral and biological binding agents (hydrated sodium calcium aluminosilicate, bentonites, zeolites, activated carbons, bacteria, and yeast). Available data are primarily from in vitro studies and mainly focus on aflatoxin B1, whereas much less information is available about other mycotoxins. Compounds with antioxidant properties are potentially very efficacious because of their ability to act as superoxide anion scavengers. Interesting results have been obtained by food components contained in coffee, strawberries, tea, pepper, grapes, turmeric, Fava tonka, garlic, cabbage, and onions. Additionally, some medicinal herbs and plant extracts could potentially provide protection against aflatoxin B1 and fumonisin B1. Activated carbons, hydrated sodium calcium aluminosilicate, and bacteria seem to effectively act as binders. We conclude that dietary strategies are the most promising approach to the problem, considering their limited or nil interference in the food production process. Nevertheless, a great research effort is necessary to verify the in vivo detoxification ability of the purposed agents, their mode of action, possible long-term drawbacks of these detoxification-decontamination procedures, and their economical and technical feasibility.
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Hellec, Charles, Mariama Diawara, Mathieu Carpentier, Agnès Denys und Fabrice Allain. „The Pro-Tumoral Activity of Heparan Sulfate 3-O-Sulfotransferase 3B (HS3ST3B) in Breast Cancer MDA-MB-231 Cells Is Dependent on the Expression of Neuropilin-1“. Molecules 23, Nr. 10 (22.10.2018): 2718. http://dx.doi.org/10.3390/molecules23102718.

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Heparan sulfate 3-O-sulfotransferases (HS3STs) catalyze the maturation step of heparan sulfate (HS) 3-O-sulfation. This modification is relatively rare. Moreover, only a few biological processes have been described to be influenced by 3-O-sulfated HS, and few ligands have been identified so far. Among them, neuropilin-1 (Nrp1) was reported to exhibit tumor-promoting properties by enhancing the action of various growth factors. We recently demonstrated that transient overexpression of HS3ST2, 3B or 4 enhanced the proliferation of breast cancer MDA-MB-231 cells and promote efficient protection against pro-apoptotic stimuli. Hence, we hypothesized that the pro-tumoral activity of these HS3STs could depend on the expression of Nrp1. To test this, MDA-MB-231 cells were stably transfected with a construct encoding HS3ST3B and the expression of Nrp1 was down-regulated by RNA interference. First, we confirmed that stable expression of HS3ST3B effectively increased cell proliferation and viability. Silencing the expression of Nrp1 markedly attenuated the promoting effects of HS3ST3B, while the same treatment had only a moderate effect on the behavior of the parental cells. Altogether, our findings support the idea that the tumor-promoting effects of HS3ST3B could be dependent on the expression of Nrp1 in cancer cells.
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Ivanova, Xenia A., und Alexander A. Stepanov. „Restrictions of the freedom of speech in France in the digital technologies era“. Law Enforcement Review 3, Nr. 1 (26.04.2019): 15–23. http://dx.doi.org/10.24147/2542-1514.2019.3(1).15-23.

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The subject. The article reveals an understanding of the freedom of speech in French law The purpose of the article is to identify the contents of freedom of speech in the French law and to determine the boundaries of its implementation in the Internet as well as to confirm or refute the hypothesis that both the freedom of speech and the definition of the boundaries of that freedom meets the purposes of protection of human rights. The description of methodology. General scientific methods ‐ analysis, synthesis, induction, deduction, comparison ‐ were used. The authors also use the formal legal interpretation of French judicial decisions and content‐analysis of press.The main results and scope of their application. Freedom of speech is one of the foundations of French society, but it has become necessary to revise a number of rules governing freedom of speech and imposing restrictions due to widespread using of Internet in people’s life. So exceptions from freedom of speech are embedded in national legislation, despite the fact that the basis for the legal regulation of freedom of the media in a democratic society is to ensure non‐interference of the state in the content of production and dissemination of information. In some countries exceptions to freedom of speech are expressed primarily in the form of rules aimed at preventing abuses of freedom of the mass media and serving as a basis for sanctions against media editorial boards. The authors also cite actual examples of the realization of the freedom of speech in France, and draw conclusions about the possibilities for the development of this right. The proposed analysis may be used as a basis for improvement national legislation concerning limitations of freedom of speech.Conclusions. Freedom of speech and freedom of the media are not absolute in France. In order to fulfil its function of protecting and guaranteeing rights and freedoms, the state must pay equal attention both to ensuring freedom of speech (including the independence of the press, access to information) and to defining the limits of this freedom in order to prevent its unlawful abuse. Any freedom turns into chaos without proper boundaries.
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Kosilova, O. „RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION“. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Nr. 114 (2020): 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.

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The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.
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Гриценко, В. В., К. Г. Гусейнов, А. Н. Постников und И. М. Митюшев. „Problems and successes in potato protection from Colorado potato beetle“. Kartofel` i ovoshi, Nr. 8() (07.08.2020): 27–31. http://dx.doi.org/10.25630/pav.2020.44.45.004.

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В итоге расселения и адаптации в новых регионах колорадский жук остается первостепенным вредителем картофеля. В РФ за последнее десятилетие наблюдается определенное снижение его распространения, вызванное развитием более эффективных приемов и средств защиты. Сильными сторонами колорадского жука, создающими проблемы в защите от него, являются высокие миграционные способности, репродуктивный потенциал, жизнестойкость, экологическая пластичность, многообразие и лабильность жизненного цикла, тесная сопряженность с картофелем, феноменальная способность к развитию резистентности к инсектицидам. На примере многолетних наблюдений в Азербайджане показан адаптивный ответ колорадского жука на климатические изменения последнего времени. Рассматриваются возможности и перспективы агротехнического, селекционного, биотехнологического, биологического и химического методов. Обзор ассортимента и развития методов и средств защиты картофеля от колорадского жука приводит к заключению, что столь адаптивному вредителю следует противопоставлять многообразную, гибкую и динамичную интегрированную защиту. В антирезистентных стратегиях обработок практикуют чередование инсектицидов разных групп и использование комплексных, 2- 3-компонентных препаратов. Одним из наиболее новых и интересных направлений является разработка так называемых РНК-инсектицидов. Их действующим началом служат синтезированные короткие последовательности РНК, способные блокировать экспрессию определенных генов вредителя, нарушая его жизнедеятельность. В испытаниях против колорадского жука их применяют как путем обработки растений, так и трансгенным переносом в геном хлоропластов картофеля. Расшифровка генома колорадского жука, произошедшая в 2018 году, не выявила каких-либо особых генетических систем, связанных с его резистентной способностью. При этом обнаружилась значительная роль коротких молекул РНК в регуляции действия генов, что позволяет рассчитывать на успех РНК-интерференции. Необходимо сохранять и развивать широкую базу методов, направлений и средств. Ведущую роль в системе продолжают играть истребительные меры, среди которых появляются все более специфичные и безопасные. В качестве стратегической цели развития можно рассматривать понижение вредоносного статуса колорадского жука до уровня ординарного вредителя. As a result of dispersal and adaptation in new regions, the Colorado potato beetle remains the primary pest of potatoes. In the Russian Federation, over the past decade, there has been a certain decrease in its distribution, caused by the development of more effective methods and means of protection. The strengths of the Colorado potato beetle, which create problems in protection against it, are high migratory abilities, reproductive potential, vitality, ecological plasticity, diversity and lability of the life cycle, close association with potatoes, phenomenal ability to develop resistance to insecticides. On the example of long-term observations in Azerbaijan, the adaptive response of the Colorado potato beetle to recent climatic changes is shown. The possibilities and prospects of agrotechnical, breeding, biotechnological, biological and chemical methods are considered. A review of the assortment and development of methods and means of protecting potatoes from the Colorado potato beetle leads to the conclusion that such an adaptive pest should be opposed with a diverse, flexible and dynamic integrated protection. In anti-resistant treatment strategies, alternating insecticides of different groups and the use of complex, 2-3-component preparations are practiced. One of the most new and interesting directions is the development of so called RNA insecticides. Their active principle is synthesized short RNA sequences that can block the expression of certain pest genes, disrupting its life activity. In tests against the Colorado beetle, they are used both by processing plants and by transgenic transfer to the genome of potato chloroplasts. Decoding the genome of the Colorado beetle, which occurred in 2018, did not reveal any special genetic systems associated with its resistance ability. At the same time, a significant role of short RNA molecules in regulating the action of genes was found, which allows us to count on the success of RNA interference. It is necessary to maintain and develop a broad base of methods, directions and means. Destructive measures continue to play the leading role in the system, among which more and more specific and safe ones appear. The reduction of the harmful status of the Colorado potato beetle to the level of an ordinary pest can be considered as a strategic development goal.
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Kalynovskyi, Oleksandr, und Serhii Tkachenko. „Observance of right to private life (personal privacy) inviolability by pre-trial investigation agencies“. Law Review of Kyiv University of Law, Nr. 2 (10.08.2020): 118–22. http://dx.doi.org/10.36695/2219-5521.2.2020.19.

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Article outlines the legal guarantees of personal privacy inviolability, reveals the content of the right to privacy and provides recommendationsfor pre-trial investigation agencies to conduct certain investigative (search) actions in penal institutions.The European Court of Human Rights refers all issues related to collection, storage, use and provision of access to informationabout person’s life to the sphere of private life. In its practice, the ECHR did not formulate a proper interpretation of the “private life”concept, but only noted the comprehensive nature of this term which does not have an exhaustive definition.Such principle of criminal process as non-interference in private life is reflected in Article 15 of the Criminal Procedure Code ofUkraine, which states that in the course of criminal proceedings non-interference in private (personal and family) life is guaranteed toeveryone.Information about a person’s private life obtained in accordance with the procedure provided for in the Criminal Procedure Codeof Ukraine may be used exclusively for the goals of criminal proceedings. Everyone with access to information about private life isobliged to prevent its disclosure.Authors emphasize that the pre-trial investigation agencies process information with restricted access while performing the tasksassigned in accordance with job descriptions. This may include official or confidential information along with sensitive data – in thesecases unjustified disclosure can lead to serious consequences.Sexuality is defined as one of the most important components of “private life” conceptual framework, which, as the EuropeanCourt of Human Rights has repeatedly emphasized, is the most intimate sphere of life. This domain includes issues related to homosexualrelationships, gender identity and sex life in general. In such cases, it is the protection of the human right to the development ofone’s personality that is crucial. Due to the natural intimacy of these issues it acquires a degree of protection against interference.Based on the analysis of the legal regulation of the crime scene examination in places of detention, authors concluded that thisprocedure is not clearly regulated, and it requires the investigator to properly prepare and comprehend the algorithm of one’s actions,use audio / video recorders and for the investigative action parties and established security in penal institutions for search and involvementof attesting witnesses, involvement of other investigative (search) actions parties, including the stage of crime scene examination.Information about person’s private life, obtained in the course of pre-trial investigation, even if this person is staying at the place ofdetention, must be duly protected from possible disclosure and access of third parties.The fact of interference with a person’s private life (personal privacy) is a violation of human dignity, personal independence andintegrity. Therefore, pre-trial investigation agencies should be able to clearly observe the balance between the interests of the individual,society and the state during criminal proceedings, and each procedural decision and action must be properly executed, as violation ofcriminal procedure entails the loss of not only evidence, but can also lead to negative consequences in connection with the disclosureof information about the private life of a person.In addition, the pre-trial investigation agencies do not have the right to seize the client-lawyer correspondence, personal medicaldocumentation, including sensitive data, during investigative (search) actions in places of temporary isolation (places of detention)without clearly defined judicial procedures, while investigators must inform the person in details about the aim and procedure of itsperformance.
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Rodríguez Rodrigo, Juliana. „Aplicación del foro del Artículo 5.3 del reglamento 44/2001 en casos de víctimas indirectas. Comentario a la sentencia del Tribunal de Justicia de la Unión Europea, 21 diciembre 2016, Concurrence, C-618/15 = Rule of jurisdiction of Article 5.3 Regulation 44/2001 in cases of indirect victims. Commentary of Judgment of the Court, 21 december 2016, Concurrence, C-618/15“. CUADERNOS DE DERECHO TRANSNACIONAL 10, Nr. 1 (08.03.2018): 620. http://dx.doi.org/10.20318/cdt.2018.4143.

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Resumen: En esta sentencia, el Tribunal de Justicia responde a una cuestión prejudicial planteada por la Cour de Cassation francesa, en relación con un litigio surgido de un contrato de distribución selectiva entre Samsung y la empresa francesa distribuidora Concurrence. En virtud de este contrato, Concurrence sólo podía revender los productos ELITE de Samsung a través de su tienda física, no mediante su página web. La empresa distribuidora infringe esta cláusula y comercializa los productos vía on line. Ante este incumplimiento contractual, Samsung rescinde el contrato y Concurrence demanda a la empresa proveedora porque, según dice, Amazon también vende esos productos de Samsung en su página web, con su consentimiento. También solicita que Amazon cese en su comportamiento por el perjuicio que le ocasionan sus ventas on line. La cuestión prejudicial se plantea entorno a esta última acción de cesación planteada por Concurrence contra Amazon Reino Unido, Amazon Alemania, Amazon España y Amazon Italia. El Tribunal de Justicia considera que los tribunales franceses deben ser competentes por el artículo 5.3 del Reglamento 44/2001 –actual artículo 7.2 del Reglamento 12125/2012–, si en Francia la empresa Concurrence ha sufrido daño debido a las reventas realizadas por Amazon a través de esas páginas web ubicadas fuera de Francia. En este caso, siendo el demandado Amazon Reino Unido, Amazon Alemania, Amazon España y Amazon Italia, ni por el domicilio del mismo ni por el lugar del hecho ilícito, los jueces franceses podrían ser competentes, sólo podrían serlo por el lugar del daño.Nosotros entendemos que Concurrence es una víctima indirecta del comportamiento de Amazon y que, por lo tanto, no se puede aplicar el foro del artículo 5.3 del Reglamento 44/2001 –actual artículo 7.2 del Reglamento 1215/2012– en este caso.Palabras clave: contrato de distribución selectiva, prohibición de reventa on line, foro especial en materia delictual, víctima indirecta.Abstract: In this judgment, the Court answers to a prejudicial question held by French Cour of Cassation, regarding to a litigation on a selective distribution agreement between Samsung and Concurrence. This contract disposes that Concurrence only can resell the Samsung ELITE products through the products on line. For this reason, Samsung ends their relationship and Concurrence bringsan action against it because it says that Amazon also sells these products of Samsung on its webpage. In addition, Concurrence sues Amazon to withdraw the sales of these products because of the damage suffered for them. The prejudicial question is regarding this action for an injunction prohibiting unlawful interference, between Concurrence and Amazon United Kingdom, Amazon Germany, Amazon Spain and Amazon Italy. The Court considers the French jurisdiction has to apply the rule of article 5.3 Regulation 44/2001 –article 7.2 Regulation 1215/2012–, in case of there are damages suffered by Concurrence in France due to sales of Amazon on these webpages situated out of France. Following the Court, in this situation, as the defendant would be Amazon United Kingdom, Amazon Germany, Amazon Spain and Amazon Italy, the French jurisdiction couldn`t be competent by domicile of defendant neither by place where harmful event occurred. It only could be competent by the place of occurred damage. We consider that Concurrence is a indirect victim and, so that, couldn`t apply the article 5.3 Regulation 44/2001 –article 7.2 Regulation 1215/2012– in this case.Keywords: Selective distribution agreement, Prohibition on online resale, Tort, delict or quasidelict rule of jurisdiction, indirect victim.
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Ko, Humphrey H. T., Ricky R. Lareu, Brett R. Dix und Jeffery D. Hughes. „Statins: antimicrobial resistance breakers or makers?“ PeerJ 5 (24.10.2017): e3952. http://dx.doi.org/10.7717/peerj.3952.

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IntroductionThe repurposing of non-antibiotic drugs as adjuvant antibiotics may help break antimicrobial resistance (AMR). Statins are commonly prescribed worldwide to lower cholesterol. They also possess qualities of AMR “breakers”, namely direct antibacterial activity, synergism with antibiotics, and ability to stimulate the host immune system. However, statins’ role as AMR breakers may be limited. Their current extensive use for cardiovascular protection might result in selective pressures for resistance, ironically causing statins to be AMR “makers” instead. This review examines statins’ potential as AMR breakers, probable AMR makers, and identifies knowledge gaps in a statin-bacteria-human-environment continuum. The most suitable statin for repurposing is identified, and a mechanism of antibacterial action is postulated based on structure-activity relationship analysis.MethodsA literature search using keywords “statin” or “statins” combined with “minimum inhibitory concentration” (MIC) was performed in six databases on 7th April 2017. After screening 793 abstracts, 16 relevant studies were identified. Unrelated studies on drug interactions; antifungal or antiviral properties of statins; and antibacterial properties of mevastatin, cerivastatin, antibiotics, or natural products were excluded. Studies involving only statins currently registered for human use were included.ResultsAgainst Gram-positive bacteria, simvastatin generally exerted the greatest antibacterial activity (lowest MIC) compared to atorvastatin, rosuvastatin, and fluvastatin. Against Gram-negative bacteria, atorvastatin generally exhibited similar or slightly better activity compared to simvastatin, but both were more potent than rosuvastatin and fluvastatin.DiscussionStatins may serve as AMR breakers by working synergistically with existing topical antibiotics, attenuating virulence factors, boosting human immunity, or aiding in wound healing. It is probable that statins’ mechanism of antibacterial activity involves interference of bacterial cell regulatory functions via binding and disrupting cell surface structures such as wall teichoic acids, lipoteichoic acids, lipopolysaccharides, and/or surface proteins. The widespread use of statins for cardiovascular protection may favor selective pressures or co-selection for resistance, including dysbiosis of the human gut microbiota, sublethal plasma concentrations in bacteremic patients, and statin persistence in the environment, all possibly culminating in AMR.ConclusionSimvastatin appears to be the most suitable statin for repurposing as a novel adjuvant antibiotic. Current evidence better supports statins as potential AMR breakers, but their role as plausible AMR makers cannot be excluded. Elucidating the mechanism of statins’ antibacterial activity is perhaps the most important knowledge gap to address as this will likely clarify statins’ role as AMR breakers or makers.
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Obeid, Muhammad H., Jana Oertel, Marc Solioz und Karim Fahmy. „Mechanism of Attenuation of Uranyl Toxicity by Glutathione in Lactococcus lactis“. Applied and Environmental Microbiology 82, Nr. 12 (08.04.2016): 3563–71. http://dx.doi.org/10.1128/aem.00538-16.

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ABSTRACTBoth prokaryotic and eukaryotic organisms possess mechanisms for the detoxification of heavy metals, and these mechanisms are found among distantly related species. We investigated the role of intracellular glutathione (GSH), which, in a large number of taxa, plays a role in protection against the toxicity of common heavy metals. Anaerobically grownLactococcus lactiscontaining an inducible GSH synthesis pathway was used as a model organism. Its physiological condition allowed study of putative GSH-dependent uranyl detoxification mechanisms without interference from additional reactive oxygen species. By microcalorimetric measurements of metabolic heat during cultivation, it was shown that intracellular GSH attenuates the toxicity of uranium at a concentration in the range of 10 to 150 μM. In this concentration range, no effect was observed with copper, which was used as a reference for redox metal toxicity. At higher copper concentrations, GSH aggravated metal toxicity. Isothermal titration calorimetry revealed the endothermic binding of U(VI) to the carboxyl group(s) of GSH rather than to the reducing thiol group involved in copper interactions. The data indicate that the primary detoxifying mechanism is the intracellular sequestration of carboxyl-coordinated U(VI) into an insoluble complex with GSH. The opposite effects on uranyl and on copper toxicity can be related to the difference in coordination chemistry of the respective metal-GSH complexes, which cause distinct growth phase-specific effects on enzyme-metal interactions.IMPORTANCEUnderstanding microbial metal resistance is of particular importance for bioremediation, where microorganisms are employed for the removal of heavy metals from the environment. This strategy is increasingly being considered for uranium. However, little is known about the molecular mechanisms of uranyl detoxification. Existing studies of different taxa show little systematics but hint at a role of glutathione (GSH). Previous work could not unequivocally demonstrate a GSH function in decreasing the presumed uranyl-induced oxidative stress, nor could a redox-independent detoxifying action of GSH be identified. Combining metabolic calorimetry with cell number-based assays and genetics analysis enables a novel and general approach to quantify toxicity and relate it to molecular mechanisms. The results show that GSH-expressing microorganisms appear advantageous for uranyl bioremediation.
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Kubalskiy, V. „CONCEPT OF STATE SOVEREIGNTY IN INTERNATIONAL LAW“. ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS, Nr. 132 (2017): 85–96. http://dx.doi.org/10.17721/apmv.2017.132.0.85-96.

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In the article is studied of concept ≪state sovereignty≫, his international legal properties and features of conception of state sovereignty in an international law on the modern stage. The special value undertaken a study acquires in connection with a loss Ukraine of sovereignty above separate parts of territory of Ukraine. Given the international legal acts, which contain legal opinion of the events of 2014 in Crimea. The legal envisaged concept of state sovereignty is absent in an international law formally. The analysis of doctrine approaches of lawyers-specialists in international law is conducted to the concept ≪state sovereignty≫. The analysis of legal literature witnessed, that a concept ≪state sovereignty≫ in an international law is characterized by next signs: political and legal independence, value as primary international legal subject; needed for exceptional supremacy of state power and envisages insubordination of power of other state; conditioned by legal equality of the independent states and is in basis of modern international law. State sovereignty is characterized international legaland internal aspects. Under the external aspect of sovereignty is understood independent of other subjects of international law. The internal aspect of territorial supremacy means the right of the state exercise its authority within its territory Sovereign equality is a concept, what derivant from a concept ≪sovereignty≫. But in most international legal acts, the concept of ≪state sovereignty≫ is used primarily in combination with the principle of territorial integrity of states. Principle of territorial integrity essentially comes forward as a major backer-up of state sovereignty, as exactly territory is an obligatory sign of any state, sphere of action of his sovereignty. The concept of state sovereignty in international law is based on the principles of international law, primarily the non-use of force and threat of force in international relations, the sovereign equality of states, non-interference in the internal affairs of states, inviolability of borders and territorial integrity of states. At the national level, appropriate to speak of sovereignty as a property of the state, and at the international level, the principle of respect for state sovereignty. Thus, state sovereignty remains the base of the international legal system. The most serious crime against state sovereignty in an international criminal law is a crime of aggression. In the framework of international law, it is expedient to develop more effective mechanisms for the protection of state sovereignty, taking into account the need to protect it from contemporary forms of manifestation of an international crime ≪aggression≫, which is accompanied by information, trade, as well as ≪hybrid≫ wars.
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Gyungseok Seo. „Materials : An Opinion against the Bill to amend the Irregular Workers Protection Act/Joint Action of Legal Professionals for the Realization of the Workers’ Rights/Statement of Law Professors on the Proposed Plan for Normalization of Sangji University/Joint Comment on the Samsung SDS Case/Censure against the Supreme Court’s Unreasonable Adjudication Justifying the Expedient Succession of Samsung Group/Declaration of Legal Researchers Denouncing the Trial Interference by Justice Shin, Young-Chol/Emergency Declaration of Lawyers and Law Professors on the Current State of National Affairs/Stop the Prosecution’s Measures against Democracy/Declaration of Foundation of Democratic Legal Studies Association/Contribution Rules“. Democratic Legal Studies ll, Nr. 40 (Juli 2009): 263–324. http://dx.doi.org/10.15756/dls.2009..40.263.

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Garcia-Martinez, V., C. Lopez Sanchez, W. Hamed, W. Hamed, JH Hsu, R. Ferrer-Lorente, Maryam Alshamrani et al. „Poster session 2Morphogenetic mechanisms290MiR-133 regulates retinoic acid pathway during early cardiac chamber specification291Bmp2 regulates atrial differentiation through miR-130 during early heart looping formationDevelopmental genetics294Association of deletion allele of insertion/deletion polymorphism in alpha 2B adrenoceptor gene and hypertension with or without type 2 diabetes mellitus295Association of G1359A polymorphism of the endocannabinoid type 1 receptor (CNR1) with coronary artery disease (CAD) with type 2 diabetes mellitusCell growth, differentiation and stem cells - Vascular298Gamma-secretase inhibitor prevents proliferation and migration of ductus arteriosus smooth muscle cells: a role of Notch signaling in postnatal closure of ductus arteriosus299Mesenchymal stromal-like cells (MLCs) derived from induced pluripotent stem (iPS) cells: a promising therapeutic option to promote neovascularization300Sonic Hedgehog promotes mesenchymal stem cell differentiation to vascular smooth muscle cells in cardiovacsular disease301Proinflammatory cytokine secretion and epigenetic modification in endothelial cells treated LPS-GinfivalisCell death and apoptosis - Vascular304Mitophagy acts as a safeguard mechanism against human vascular smooth muscle cell apoptosis induced by atherogenic lipidsTranscriptional control and RNA species - Vascular307MicroRNA-34a role in vascular calcification308Local delivery of a miR-146a inhibitor utilizing a clinically applicable approach attenuates neointima formation after vascular injury309Long noncoding RNA landscape of hypoxic endothelial cells310Specific circulating microRNAs levels associate with hypertension, hyperglycemia and dysfunctional HDL in acute coronary syndrome patientsCytokines and cellular inflammation - Vascular313Phosphodiesterase5A up-regulation in vascular endothelium under pro-inflammatory conditions: a newly disclosed anti-inflammatory activity for the omega-3polyunsaturated aatty acid docosahexaenoic acid314Cardiovascular risk modifying with extra-low dose anticytokine drugs in rhematoid arthritis315Conversion of human M-CSF macrophages into foam cells reduces their proinflammatory responses to classical M1-polarizing activation316Lymphocytic myocarditis coincides with increased plaque inflammation and plaque hemorrhage in coronary arteries, facilitating myocardial infarction317Serum osteoprotegerin level predictsdeclined numerous of circulating endothelial- derived and mononuclear-derived progenitor cells in patients with metabolic syndromeGrowth factors and neurohormones - Vascular320Effect of gastrin-releasing peptide (GRP) on vascular inflammationSignal transduction - Heart323A new synthetic peptide regulates hypertrophy in vitro through means of the inhibition of nfkb324Inducible fibroblast-specific knockout of p38 alpha map kinase is cardioprotective in a mouse model of isoproterenol-induced cardiac hypertrophy325Regulation of beta-adrenoceptor-evoked inotropic responses by inhibitory G protein, adenylyl cyclase isoforms 5 and 6 and phosphodiesterases326Binding to RGS3 and stimulation of M2 muscarinic acetylcholine receptors modulates the substrate specificity of p190RhoGAP in cardiac myocytes327Cardiac regulation of post-translational modifications, parylation and deacetylation in LMNA dilated cardiomyopathy mouse model328Beta-adrenergic regulation of the b56delta/pp2a holoenzyme in cardiac myocytes through b56delta phosphorylation at serine 573Nitric oxide and reactive oxygen species - Vascular331Oxidative stress-induced miR-200c disrupts the regulatory loop among SIRT1, FOXO1 and eNOS332Antioxidant therapy prevents oxidative stress-induced endothelial dysfunction and Enhances Wound Healing333Morphological and biochemical characterization of red blood cell in coronary artery diseaseCytoskeleton and mechanotransduction - Heart336Novel myosin activator, JSH compounds, increased myocardial contractility without chronotropic effect in ratsExtracellular matrix and fibrosis - Vascular339Ablation of Toll-like receptor 9 causes cardiac rupture after myocardial infarction by attenuating proliferation and differentiation of cardiac fibroblasts340Altered vascular remodeling in the mouse hind limb ischemia model in Factor VII activating protease (FSAP) deficiencyVasculogenesis, angiogenesis and arteriogenesis343Pro-angiogenic effects of proly-hydroxylase inhibitors and their potential for use in a novel strategy of therapeutic angiogenesis for coronary total occlusion344Nrf2 drives angiogenesis in transcription-independent manner: new function of the master regulator of oxidative stress response345Angiogenic gene therapy, despite efficient vascular growth, is not able to improve muscle function in normoxic or chronically ischemic rabbit hindlimbs -role of capillary arterialization and shunting346Effect of PAR-1 inhibition on collateral vessel growth in the murine hind limb model347Quaking is a key regulator of endothelial cell differentiation, neovascularization and angiogenesis348"Emerging angiogenesis" in the chick chorioallantoic membrane (CAM). An in vivo study349Exosomes from cardiomyocyte progenitor cells and mesenchymal stem cells stimulate angiogenesis in vitro and in vivo via EMMPRINEndothelium352Reciprocal regulation of GRK2 and bradykinin receptor stimulation modulate Ca2+ intracellular level in endothelial cells353The roles of bone morphogenetic proteins 9 and 10 in endothelial inflammation and atherosclerosis354The contribution of GPR55 to the L-alpha-lysophosphatidylinositol-induced vasorelaxation in isolated human pulmonary arteries355The endothelial protective ACE inhibitor Zofenoprilat exerts anti-inflammatory activities through H2S production356A new class of glycomimetic drugs to prevent free fatty acid-induced endothelial dysfunction357Endothelial progenitor cells to apoptotic endothelial cell-derived microparticles ration differentiatesas preserved from reduced ejection fractionheart failure358Proosteogenic genes are activated in endothelial cells of patients with thoracic aortic aneurysm359Endothelin ETB receptors mediate relaxing responses to insulin in pericardial resistance arteries from patients with cardiovascular disease (CVD)Smooth muscle and pericytes362CX3CR1 positive myeloid cells regulate vascular smooth muscle tone by inducing calcium oscillations via activation of IP3 receptors363A novel function of PI3Kg on cAMP regulation, role in arterial wall hyperplasia through modulation of smooth muscle cells proliferation364NRP1 and NRP2 play important roles in the development of neointimal hyperplasia in vivo365Azithromycin induces autophagy in aortic smooth muscle cellsCoagulation, thrombosis and platelets368The real time in vivo evaluation of platelet-dependent aldosterone prothrombotic action in mice369Development of a method for in vivo detection of active thrombi in mice370The antiplatelet effects of structural analogs of the taurine chloramine371The influence of heparin anticoagulant drugs on functional state of human platelets372Regulation of platelet aggregation and adenosine diphosphate release by d dimer in acute coronary syndrome (in vitro study)Oxygen sensing, ischaemia and reperfusion375Sirtuin 5 mediates brain injury in a mouse model of cerebral ischemia-reperfusion376Abscisic acid: a new player in cardiomyocyte protection from ischaemia?377Protective effects of ultramicronized palmitoylethanolamide (PEA-um) in myocardial ischaemia and reperfusion injury in vivo378Identification of stem cell-derived cardiomyocytes using cardiac specific markers and additional testing of these cells in simulated ischemia/reperfusion system379Single-dose intravenous metformin treatment could afford significant protection of the injured rat kidney in an experimental model of ischemia-reperfusion380Cardiotoxicity of long acting muscarinic receptor antagonists used for chronic obstructive pulmonary disease381Dependence antioxidant potential on the concentration of amino acids382The impact of ischemia-reperfusion on physiological parameters,apoptosis and ultrastructure of rabbit myocardium with experimental aterosclerosisMitochondria and energetics385MicroRNA-1 dependent regulation of mitochondrial calcium uniporter (MCU) in normal and hypertrophied hearts386Mitochondrial homeostasis and cardioprotection: common targets for desmin and aB-crystallin387Overexpression of mitofusin-2 (Mfn2) and associated mitochondrial dysfunction in the diabetic heart388NO-dependent prevention of permeability transition pore (MPTP) opening by H2S and its regulation of Ca2+ accumulation in rat heart mitochondria389G protein coupled receptor kinase 2 (GRK2) is fundamental in recovering mitochondrial morphology and function after exposure to ionizing radiation (IR)Gender issues392Sex differences in pulmonary vascular control; focus on the nitric oxide pathwayAging395Heart failure with preserved ejection fraction develops when feeding western diet to senescence-accelerated mice396Cardiovascular markers as predictors of cognitive decline in elderly hypertensive patients397Changes in connexin43 in old rats with volume overload chronic heart failureGenetics and epigenetics400Calcium content in the aortic valve is associated with 1G>2G matrix metalloproteinase 1 polymorphism401Neuropeptide receptor gene s (NPSR1) polymorphism and sleep disturbances402Endothelin-1 gene Lys198Asn polymorphism in men with essential hypertension complicated and uncomplicated with chronic heart failure403Association of common polymorphisms of the lipoprotein lipase and pon1 genes with the metabolic syndrome in a sample of community participantsGenomics, proteomics, metabolomics, lipidomics and glycomics405Gene expression quantification using multiplexed color-coded probe pairs to determine RNA content in sporadic cardiac myxoma406Large-scale phosphorylation study of the type 2 diabetic heart subjected to ischemia / reperfusion injury407Transcriptome-based identification of new anti-inflammatory properties of the olive oil hydroxytyrosol in vascular endothelial cell under basal and proinflammatory conditions408Gene polymorphisms combinations and risk of myocardial infarctionComputer modelling, bioinformatics and big data411Comparison of the repolarization reserve in three state-of-the-art models of the human ventricular action potentialMetabolism, diabetes mellitus and obesity414Endothelial monocyte-activating polypeptide-II improves heart function in type -I Diabetes mellitus415Admission glucose level is independent predictor of impaired left ventricular function in patients with acute myocardial infarction: a two dimensional speckle-tracking echocardiography study416Association between biochemical markers of lipid profile and inflammatory reaction and stiffness of the vascular wall in hypertensive patients with abdominal obesity417Multiple common co-morbidities produce left ventricular diastolic dysfunction associated with coronary microvascular dysfunction, oxidative stress and myocardial stiffening418Investigating the cardiovascular effects of antiretroviral drugs in a lean and high fat/sucrose diet rat model of obesity419Statins in the treatment of non-alcoholic steatohepatitis (NASH). Our experience from a 2-year prospective study in Constanta County, Romania420Epicardial adipose tissue as a predictor of cardiovascular outcome in patients with ACS undergoing PCI?Arterial and pulmonary hypertension423Dependence between heart rhythm disorers and ID polymorphism of ACE gene in hypertensive patients424Molecular mechanisms underlying the beneficial effects of Urocortin 2 in pulmonary arterial hypertension425Inhibition of TGf-b axis and action of renin-angiotensin system in human ascending aorta aneurysms426Early signs of microcirculation and macrocirculation abnormalities in prehypertension427Vascular smooth muscle cell-expressed Tie-2 controls vascular tone428Cardiac and vascular remodelling in the development of chronic thrombo-embolic pulmonary hypertension in a novel swine modelBiomarkers431Arrhythmogenic cardiomyopathy: a new, non invasive biomarker432Can circulating microRNAs distinguish type 1 and type 2 myocardial infarction?433Design of a high-throughput multiplex proteomics assay to identify left ventricular diastolic dysfunction in diabetes434Monocyte-derived and P-selectin-carrying microparticles are differently modified by a low fat diet in patients with cardiovascular risk factors who will and who will not develop a cardiovascular event435Red blood cell distribution width assessment by polychromatic interference microscopy of thin films in chronic heart failure436Invasive and noninvasive evaluation of quality of radiofrequency-induced cardiac denervation in patients with atrial fibrillation437The effect of therapeutic hypothermia on the level of brain derived neurotrophic factor (BDNF) in sera following cardiopulmonary resustitation438Novel biomarkers to predict outcome in patients with heart failure and severe aortic stenosis439Biological factors linking depression and anxiety to cardiovascular disease440Troponins and myoglobin dynamic at coronary arteries graftingInvasive, non-invasive and molecular imaging443Diet composition effects on the genetic typing of the mouse ob mutation: a micro-ultrasound characterization of cardiac function, macro and micro circulation and liver steatosis444Characterization of pig coronary and rabbit aortic lesions using IV-OCT quantitative analysis: correlations with histologyGene therapy and cell therapy447Enhancing the survival and angiogenic potential of mouse atrial mesenchymal cells448VCAM-1 expression in experimental myocardial infarction and its relation to bone marrow-derived mononuclear cell retentionTissue engineering451Advanced multi layered scaffold that increases the maturity of stem cell-derived human cardiomyocytes452Response of engineered heart tissue to simulated ischemia/reperfusion in the presence of acute hyperglycemic conditions453Serum albumin hydrogels prevent de-differentiation of neonatal cardiomyocytes454A novel paintbrush technique for transfer of low viscosity ultraviolet light curable cyan methacrylate on saline immersed in-vitro sheep heart“. Cardiovascular Research 111, suppl 1 (01.07.2016): S56—S81. http://dx.doi.org/10.1093/cvr/cvw149.

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Juliana, Made Dwi. „KEWENANGAN OTORITAS JASA KEUANGAN MENGENAI PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP TINDAKAN TIPPEE YANG MELAKUKAN INSIDER TRADING DALAM PERDAGANGAN SAHAM“. Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 4, Nr. 2 (30.07.2015). http://dx.doi.org/10.24843/jmhu.2015.v04.i02.p09.

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One type of a criminal in the capital market is the practice of insider trading. Insider trading is an act that involves a group of insider in the capital market who deliberately exploit information that has not been released to investors with the advantages. In insider trading there are two actors such as party directly as an insider who works in the company or indirect as tippee party who obtain confidential information from an insider. Tippee is the party who receives confidential information from an insider either passively or actively against the law or not against the law for personal gain in the stock trading. This is very detrimental to the investors in the stock trading. Because of that if needs the protection for investors against the actions of the Tippee. This study discusses two (2) problem first about the subject matter of the action form Tippee in insider trading to the stock at Indonesia and the second about OJK authority on legal protection for investors in case of insider trading by the Tippee in capital market activities. This research is a normative law. The Method approach is the approach of legislation, conceptual approach and comparative approach. Legal materials used are primary and secondary legal materials. Mechanical collection of legal materials is through the study of literature that further uses analysis techniques that description techniques and interpretation. The results shows that this form of action Tippee can be done actively and passively. Actively to perform an unlawful act such as stealing information. In is not trying to fight the law, but to obtain inside information and legal safeguards for investors to act with regard to insider trading Tippee do give legal certainty through legislation and legal certainty by the OJK through law enforcement
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Xu, Letian, Shijing Xu, Liuwei Sun, Yiqiu Zhang, Jing Luo, Ralph Bock und Jiang Zhang. „Synergistic action of the gut microbiota in environmental RNA interference in a leaf beetle“. Microbiome 9, Nr. 1 (04.05.2021). http://dx.doi.org/10.1186/s40168-021-01066-1.

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Abstract Background RNA interference (RNAi) has emerged as an efficient tool to control insect pests. When insects ingest double-stranded RNAs (dsRNAs) targeted against essential genes, strong gene silencing and mortality can be induced. To exert their function, dsRNA molecules must pass through the insect’s gut and enter epithelial cells and/or the hemolymph. Gut bacteria are known to play multifarious roles in food digestion and nutrition, and confer protection against pathogens and parasites. Whether there is a cross talk between gut bacteria and ingested dsRNAs and whether the microbiome affects RNAi efficiency are unknown. Results Here, using a leaf beetle gut microbiota system, we investigated whether gut bacteria interact with dsRNA molecules and how the gut microbiota affects RNAi responses in insects. We first showed that the leaf beetle Plagiodera versicolora (Coleoptera) is highly susceptible to RNAi. We then demonstrated that ingestion of dsRNAs by non-axenic P. versicolora larvae results in (i) significantly accelerated mortality compared with axenic larvae, and (ii) overgrowth and dysbiosis of the gut microbiota. The latter may be caused by bacterial utilization of dsRNA degradation products. Furthermore, we found that Pseudomonas putida, a gut bacterium of P. versicolora, acts as major accelerator of the death of P. versicolora larvae by transitioning from commensal to pathogenic lifestyle. Conclusions The present study illuminates the complex interplay between lethal dsRNA, the insect host, and its gut microbiota. The ingestion of dsRNA by the leaf beetle caused a dysbiosis of gut bacterial community, and the dsRNA degradation products by host insect preferentially promoted the growth of an entomopathogenic bacterium, which accelerated dsRNA lethality to the insect. Our findings reveal a synergistic role of the gut microbiota in dsRNA-induced mortality of pest insects, and provide new insights in the mechanisms of RNAi-based pest control.
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Lin, Herbert, und Joel Trachtman. „Diagonal Export Controls to Counter Diagonal Transnational Attacks on Civil Society“. European Journal of International Law, 10.09.2020. http://dx.doi.org/10.1093/ejil/chaa053.

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Abstract Modern geopolitics includes measures short of armed conflict designed to control decision-making in, and action by, target states. One increasingly significant category of these measures involves attacks by foreign states against civil society institutions in target states. Liberal states that seek to protect their civil societies from this interference seek to bolster civil society defences, to determine the origin of and respond to attacks and to deny relevant tools to potential attackers. With the rise of cyberspace, target states using purely territorial measures are increasingly impotent to protect their civil societies from foreign governmental hacking. Denying access to advanced hacking software by antagonist foreign states may assist in protecting target state civil societies. This article explores the possibility of denying hacking tools to potential attackers, identifies some of the problems and proposes a refinement of export controls that will permit greater protection with less disruption of desirable software development.
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Allen, Margaret L. „Prospects for Using RNAi as Control for Ants“. Frontiers in Agronomy 3 (07.05.2021). http://dx.doi.org/10.3389/fagro.2021.591539.

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RNA interference (RNAi) has inspired insect scientists to aim toward the development of this technology for protection against insect pests. The RNAi mechanism works at the intracellular level by exploiting a mode of action specific to the expression of genes, interrupting the transcription to translation process. Many of the limitations of RNAi technology are being addressed to adapt it for insect pest application. However, most of the insect pest problems for which RNAi is being developed involve direct plant-insect interactions, primarily in monocultures. Ants (Hymenoptera: Formicidae) are important agricultural pests that generally do not feed directly on crops, yet have dramatic impact on agroecosystems such as pastures, orchards, and nurseries. The application of RNAi to pest ants is complicated by the social nature of ants. Here the goal is to examine the potential application of RNAi to ant pests, especially invasive ants, which present distinct challenges with regard to delivery, targeting, efficacy, and risks.
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Abdallah Abdusalam Sherif, Badruddin Hj Ibrahim. „Rights of Arrested Person and How to Protect them in the Libyan Law: حقوق المقبوض عليه ووسائل حمايتها في القانون الليبي“. مجلة العلوم الإقتصادية و الإدارية و القانونية 3, Nr. 12 (30.12.2019). http://dx.doi.org/10.26389/ajsrp.a010819.

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This study deals with the rights of those arrested and their protection in Libyan legislation. The arrest of persons is one of the most important and most dangerous measures against freedom. It affects one of the most important human rights, namely, the right to freedom. Which is legally competent to carry out the investigation, taking into account its detention in the places designated for that purpose. The problem of the legal texts in the Libyan criminal law focuses on the recognition of the rights of those arrested, protecting them against any unlawful interference with them, or exaggeration and strictness in restricting them. What is their compatibility with or contradictions with the basic provisions of the Libyan Constitution? What is the way to remove and raise this discrepancy that exists? In this study, the study relied on the analytical descriptive approach to identify the rights of those arrested, as well as the means established by the law to guarantee these rights from any abuse by the competent authorities in this dangerous procedure, by studying and analyzing the legal texts and relevant judicial decisions. The Libyan law, to identify the rights of those arrested and the means of protecting them, and to assess the position of the Libyan legislator of all this. This study concluded with a number of results: The right of defense is an inherent right of the accused from the moment that he is charged with a crime. This right remains valid throughout the investigation and trial stage. However, we did not find explicit provisions in Libyan law the right of the accused to have access to a lawyer during his arrest or even during the investigative and forensic procedures carried out by the judicial ombudsman. The matter was left without an explicit statement confirming the right of the accused to seek legal assistance or to deny this right. There is no explicit provision in the Libyan law that the arrested defendant has the right to remain silent in the case of arrest, and there is no text in return that requires him to give his testimony before the investigative and investigative bodies. So, there is a difference about recognizing this right.
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Watts, G. F., C. Schwabe, R. Scott, P. Gladding, D. Sullivan, J. Baker, P. Clifton et al. „RNAi inhibition of angiopoietin-like protein 3 (ANGPTL3) with ARO-ANG3 mimics the lipid and lipoprotein profile of familial combined hypolipidemia“. European Heart Journal 41, Supplement_2 (01.11.2020). http://dx.doi.org/10.1093/ehjci/ehaa946.3331.

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Abstract Background Elevated LDL-C and triglyceride rich lipoproteins (TRLs) are independent risk factors for cardiovascular disease (CVD). Genetic deficiency of angiopoietin-like protein 3 (ANGPTL3) is associated with reduced circulating levels of LDL-C, triglycerides (TGs), VLDL-C, HDL-C and reduced CVD risk, with no described adverse phenotype. ARO-ANG3 is a RNA interference drug designed to silence expression of ANGPTL3. Single doses of ARO-ANG3 have been shown to reduce ANGPTL3, TGs, VLDL-C and LDL-C in healthy volunteers (HVs, AHA 2019). We report the effects of multiple doses of ARO-ANG3 in HVs with a focus on the duration of action. Methods ARO-ANG3 was administered subcutaneously to HVs on days 1 and 29 at doses of 100, 200 or 300 mg (n=4 per group). Measured parameters included ANGPTL3, LDL-C, TGs, VLDL-C and HDL-C. Follow up is ongoing. Results All HVs have received both doses and follow-up is currently through week 16 (12 weeks after second dose). Mean nadir for ANGPTL3 levels occurred 2 weeks after the second dose (−83–93%) with minimal change for 200 and 300 mg but 16% recovery for 100 mg at week 16. Mean TGs and VLDL-C reached nadir earlier (3 wks, −61–65%) without apparent dose response and minimal change for any dose at wk 16. LDL-C nadir occurred 4–6 wks after the second dose (−45–54%), again with minimal evidence for dose response or change through wk 16. HDL-C was reduced 14–37% at wk 16. ARO-ANG3 was well tolerated without serious or severe adverse events or dropouts related to drug. The most common adverse events have been headache and upper respiratory infections. Conclusions Genetic deficiency of ANGPTL3 is a cause of familial combined hypolipemia and is associated with a decreased risk of CVD. Using RNAi to selectively suppress ANGPTL3 production reproduces these genetic effects with a duration of at least 12 weeks following a second dose and with good tolerability over 16 wks. ANGPTL3 inhibition results in lowering of LDL-C and TRLs which may confer protection against CVD in patients with atherogenic mixed dyslipidemia. Funding Acknowledgement Type of funding source: Private company. Main funding source(s): Arrowhead Pharmaceuticals
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Clyne, Michael. „Saving Us From Them“. M/C Journal 5, Nr. 5 (01.10.2002). http://dx.doi.org/10.5204/mcj.1980.

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The public discourse on asylum seekers in the past year or so and the generation of hatred against them contains a strong linguistic element marking clear boundaries between 'ourselves' and the asylum seekers. I will discuss this linguistic dimension, which calls for vigilance and critical awareness in future discourses of exclusion. One of John Howard's political platforms in the victorious campaign, in which he replaced Paul Keating as Prime Minister was to liberate Australia of the 'political correctness' imposed by his opponents. In this respect, at least, he came close to the far right in Australian politics. For instance, he said of far right ex-Labor Independent Graeme Campbell: 'His attacks on political correctness echo many of the attacks I made on political correctness' (The Age, 18 June 1996). 'Political correctness' is a negative term for 'inclusive language' -- avoiding or being encouraged by stylistic or policy guidelines to avoid the choice of lexical items that may be offensive to sections of the population. The converse is the discourse of exclusion. Whether it excludes on the basis of ethnicity, religion, gender or any other basis, the discourse of exclusion creates a division between 'us' and 'them', partly on the basis of different lexical items for the two groups (Clyne, Establishing Linguistic Markers of Racism). Asylum seekers have been projected by politicians (especially those in the government) as not only different from the Australian people and therefore not belonging, but also as a threat to the Australian people. To demonstrate this projection it is worth considering some of the terms and formulations of exclusion and division that have been used. As Mungo MacCallum (41) argues, 'The first step was to get rid of the term 'refugee'; it has a long and honourable history and is generally used to describe people forced to flee from their homelands.' It might be more accurate to say that the government limited its use so that no honourable associations could be made with the current group of asylum seekers. There had been newspaper columns which had focused on the achievements and contributions to the nation of previous vintages of refugees; some communities consisted largely or entirely of refugees and their descendants, including some who had given longstanding support to the Liberal Party. The semantic narrowing of 'refugee' was illustrated in the Prime Minister's pronouncement (Herald-Sun, 8 Oct. 2001) when it was alleged that asylum seekers had thrown their children overboard: 'Genuine refugees don't do that'. Thus, refugee status in the public discourse was being related to their moral representation and not to any consideration of the threat of persecution in their homeland. While refugee status was officially a legal issue, when the Prime Minister interacted with the media and the voters, the asylum seekers were already excluded by guided popular opinion, for 'I don't want people like that in Australia'. The exclusionary line based on moral grounds was echoed by Alexander Downer (The Age, 8 Oct. 2001), who described the asylum seekers as lacking the civilized behaviour to be worthy to live in Australia: 'Any civilized person wouldn't dream of treating their own children that way'. So what could the asylum seekers be called? MacCallum (2002: 43) attributes to Philip Ruddock the verbal masterstroke' of reducing the identification of the asylum seekers to a 'one word label': 'unlawful'. However, this identification came in a number of facets. They were described on both sides of parliament as 'illegals', illegal arrivals', 'illegal immigrants' (e.g. Hansard, 29 Aug. 2001). All of these terms encourage the view of intrusion. In actual fact, whether people's arrival had been authorized by the government or not, there is no such thing as an 'illegal refugee'. Other descriptions ranged from 'occasional tourists' (Gary Hardgrave, Minister for Citizenship and Multicultural Affairs; House of Representatives, 30 Aug. 2001) '; to 'café latte poor' (Senator Robert Ray, former Labor Minister for Immigration), which assumes that only the poor can be refugees. Such descriptions suggested that the asylum seekers were dishonest imposters. But the term 'illegals' lowers asylum seekers to the status of 'non-people' and this gives others the licence to treat them in a way that may be different to those who are 'people'. This is reinforced by the fact that the asylum seekers are neither nice nor poor, and therefore cannot expect to attract support from the government (and, to a large extent from the opposition). The 'bully' image of the asylum seekers was propagated by comments on the behaviour of those allegedly harming their children, described by Ruddock as 'carefully planned and premeditated' (The Age, 14 Feb. 2002). It was reinforced by Peter Reith, who described the action as a 'premeditated attempt to force their way into the country' (The Age, 8 Aug. 2001). When Kim Beazley said: 'It is not unhumanitarian (sic) to try to deter criminals' (The Age, 8 Nov. 2001), he left it to our imagination or choice whether, in supporting the government's position, he wanted to defend us from the asylum seekers or from the 'people smugglers' of whom they are victims. However he put the asylum seekers directly or by association into the criminal category. The suggestion that the asylum seekers might be economic migrants masquerading as refugees enabled the government to differentiate them from 'battlers', who are likely to support action against any 'crooks' who will take the little the battlers have away from them. So far asylum seekers as 'bad cruel people' have been differentiated from 'genuine refugees' of the past, from a nation of 'civilized', gentle, child-loving people, and from Aussie 'battlers'. 'Queue-jumper' is a term that differentiates asylum seekers from both the 'mainstream' and the succession of migrants who have come at various times. This term occurs in several debates (used e.g. by Senator Ron Boswell and Kay Ellison, 29 Aug. 2001). Firstly, it invokes the twin cultural concepts of fairness and orderliness. The 'destruction' of 'political correctness' and especially Pauline Hanson's expressed views regenerated the notion that the needy were unfairly getting something for nothing that others had to work for. This included Aborigines, recently arrived migrants or refugees, single mothers, and even the disabled. The fact that there were no queues in Iraq, Afghanistan, Iran, or the Palestinian Territories in which people could stand to fill in immigration applications was not taken into account. Queuing is very much an Anglo concept of orderliness, reflecting the strong linear emphasis in British-derived cultures, even in academic discourse and school essays and in formal meetings as I have discussed elsewhere (e.g. Clyne, Inter-cultural Communication at Work). In another sense, the 'queue jumper' is a repugnant person to migrants of all backgrounds. The impression is gained from the designation that asylum seekers are taking the place in a tight quota of their relatives (or people like them) waiting to be admitted under the family reunion scheme. In actual fact, the number of asylum seekers recognized as refugees does not affect other categories such as family reunion, and in fact, the quota for the humanitarian category wasn't nearly filled in 2001. The government's handling of asylum seekers is thus underpinned by two types of moral principles -- the schoolmaster principle -- They have to behave themselves, otherwise they will be punished, and the schoolchild principle (based on the perception)-- It ain't fair; he pushed in. Another term that has played an important role in the asylum seeker discourse is 'border protection'. This term featured prominently in the 2001 election campaign, when both major parties vied to persuade voters that they were best equipped to protect Australia. It lives on in the public discourse and relates both to contemporary international politics and to traditional Australian xenophobia. The 2001 federal election was fought in the context of the terrorist attacks on the twin towers and the American-led coalition against international terrorism. Thus, the term 'border protection' was necessarily ambiguous. Was it terrorists or asylum seekers who were being kept out? Or were they perhaps the same people? Even though many of the asylum seekers were claiming to be escaping from persecution by the terrorists or those who were harbouring them. Maybe the linking association is with Islam? It is possible that 'border protection' (like the Liberal Party's 1998 election slogan 'For all of us') is also ambiguous enough to attract opponents of multiculturalism without alienating its supporters.2 Boat-loads of new arrivals have long caused fear among Australians. For much of Australia's British history, we were terrified of invasions from our north -- not just the 'yellow peril', it even included the Russians and the French, from whom Australians were protected by fortresses along the coast. This was immortalized in the final verse of the politically incorrect early version of Advance Australia Fair: Should foreign foe e'er sight our coast Or dare a foot to land, We'll rouse to arms like siers of yore To guard our native strand; Brittania then shall surely know, Beyond wide oceans roll Her sons in fair Australia's land Still keep a British soul, In joyful strains, etc. In fact, the entire original version of Advance Australia Fair has a predominantly exclusionist theme which contrasts with the inclusive values embodied in the present national anthem. While our 'politically correct' version has 'boundless plains to share' with 'those who've come across the seas', they are only open to 'loyal sons' in the original, which is steeped in colonial jingoism. The gender-inclusive 'Australians all' replaces 'Australia's sons' as the opening appellation. Are our politicians leading us back from an inclusive and open identity? I do not have space to go into the opposing discourse, which has come largely from academic social scientists, former prime ministers, and ministers of both major parties, current politicians of the minor parties, and journalists from the broadsheet press and the ABC. Objections are often raised against the 'demonisation' and 'dehumanisation' of the asylum seekers. In this short article, I have tried to demonstrate the techniques used to do this. The use of 'illegal' and 'queue jumper' to represent asylum seekers differentiates them from 'refugees' and 'migrants' and has removed them from any category with whom existing Australians should show solidarity. What makes them different is that they are cruel, even to their children, dishonest and imposters, badly behaved, unfair and disorderly – enemies of the Australian people, who want to deprive them of their sovereignty. It is interesting to see this in contrast to the comment of a spokesperson from Rural Australians for Refugees (AM, Radio National, 26 Jan. 2002): 'We can't recognise our country anymore which was based on fairness and fair go'. Notes This is based on 'When the discourse of hatred becomes respectable – does the linguist have a responsibility?', a paper presented at the Australian Linguistic Society conference at Macquarie University, July 2001. Some of the same data was discussed in 'The discourse excluding asylum seekers – have we been brainwashed?' Australian Language Matters 10: 3-10, by the same author. Research assistance from Felicity Grey is gratefully acknowledged. 2 I thank Felicity Meakins for this suggestion. References Clyne, Michael. Inter-Cultural Communication at Work. Cambridge: Cambridge University Press, 1994. Clyne, Michael. 'Establishing Linguistic Markers of Racism.' Language and Peace. Ed. C. Schäffner and A.Wenden. Dartmouth: Aldershot, 1995. 111-18. MacCallum, Mungo. Girt by Sea (Quarterly Essay). Melbourne: Black, 2002. Markus, Andrew. 'John Howard and the Naturalization of Bigotry.' The Resurgence of Racism. Ed. G.Gray and C.Winter. Clayton: Monash University, Department of History (Monash Publications in History 24), 1997. 79-86. Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Clyne, Michael. "Saving Us From Them" M/C: A Journal of Media and Culture 5.5 (2002). [your date of access] < http://www.media-culture.org.au/mc/0210/Clyne.html &gt. Chicago Style Clyne, Michael, "Saving Us From Them" M/C: A Journal of Media and Culture 5, no. 5 (2002), < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]). APA Style Clyne, Michael. (2002) Saving Us From Them. M/C: A Journal of Media and Culture 5(5). < http://www.media-culture.org.au/mc/0210/Clyne.html &gt ([your date of access]).
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Kabir, Nahid, und Mark Balnaves. „Students “at Risk”: Dilemmas of Collaboration“. M/C Journal 9, Nr. 2 (01.05.2006). http://dx.doi.org/10.5204/mcj.2601.

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Introduction I think the Privacy Act is a huge edifice to protect the minority of things that could go wrong. I’ve got a good example for you, I’m just trying to think … yeah the worst one I’ve ever seen was the Balga Youth Program where we took these students on a reward excursion all the way to Fremantle and suddenly this very alienated kid started to jump under a bus, a moving bus so the kid had to be restrained. The cops from Fremantle arrived because all the very good people in Fremantle were alarmed at these grown-ups manhandling a kid and what had happened is that DCD [Department of Community Development] had dropped him into the program but hadn’t told us that this kid had suicide tendencies. No, it’s just chronically bad. And there were caseworkers involved and … there is some information that we have to have that doesn’t get handed down. Rather than a blanket rule that everything’s confidential coming from them to us, and that was a real live situation, and you imagine how we’re trying to handle it, we had taxis going from Balga to Fremantle to get staff involved and we only had to know what to watch out for and we probably could have … well what you would have done is not gone on the excursion I suppose (School Principal, quoted in Balnaves and Luca 49). These comments are from a school principal in Perth, Western Australia in a school that is concerned with “at-risk” students, and in a context where the Commonwealth Privacy Act 1988 has imposed limitations on their work. Under this Act it is illegal to pass health, personal or sensitive information concerning an individual on to other people. In the story cited above the Department of Community Development personnel were apparently protecting the student’s “negative right”, that is, “freedom from” interference by others. On the other hand, the principal’s assertion that such information should be shared is potentially a “positive right” because it could cause something to be done in that person’s or society’s interests. Balnaves and Luca noted that positive and negative rights have complex philosophical underpinnings, and they inform much of how we operate in everyday life and of the dilemmas that arise (49). For example, a ban on euthanasia or the “assisted suicide” of a terminally ill person can be a “positive right” because it is considered to be in the best interests of society in general. However, physicians who tacitly approve a patient’s right to end their lives with a lethal dose by legally prescribed dose of medication could be perceived as protecting the patient’s “negative right” as a “freedom from” interference by others. While acknowledging the merits of collaboration between people who are working to improve the wellbeing of students “at-risk”, this paper examines some of the barriers to collaboration. Based on both primary and secondary sources, and particularly on oral testimonies, the paper highlights the tension between privacy as a negative right and collaborative helping as a positive right. It also points to other difficulties and dilemmas within and between the institutions engaged in this joint undertaking. The authors acknowledge Michel Foucault’s contention that discourse is power. The discourse on privacy and the sharing of information in modern societies suggests that privacy is a negative right that gives freedom from bureaucratic interference and protects the individual. However, arguably, collaboration between agencies that are working to support individuals “at-risk” requires a measured relaxation of the requirements of this negative right. Children and young people “at-risk” are a case in point. Towards Collaboration From a series of interviews conducted in 2004, the school authorities at Balga Senior High School and Midvale Primary School, people working for the Western Australian departments of Community Development, Justice, and Education and Training in Western Australia, and academics at the Edith Cowan and Curtin universities, who are working to improve the wellbeing of students “at-risk” as part of an Australian Research Council (ARC) project called Smart Communities, have identified students “at-risk” as individuals who have behavioural problems and little motivation, who are alienated and possibly violent or angry, who under-perform in the classroom and have begun to truant. They noted also that students “at-risk” often suffer from poor health, lack of food and medication, are victims of unwanted pregnancies, and are engaged in antisocial and illegal behaviour such as stealing cars and substance abuse. These students are also often subject to domestic violence (parents on drugs or alcohol), family separation, and homelessness. Some are depressed or suicidal. Sometimes cultural factors contribute to students being regarded as “at-risk”. For example, a social worker in the Smart Communities project stated: Cultural factors sometimes come into that as well … like with some Muslim families … they can flog their daughter or their son, usually the daughter … so cultural factors can create a risk. Research elsewhere has revealed that those children between the ages of 11-17 who have been subjected to bullying at school or physical or sexual abuse at home and who have threatened and/or harmed another person or suicidal are “high-risk” youths (Farmer 4). In an attempt to bring about a positive change in these alienated or “at-risk” adolescents, Balga Senior High School has developed several programs such as the Youth Parents Program, Swan Nyunger Sports Education program, Intensive English Centre, and lower secondary mainstream program. The Midvale Primary School has provided services such as counsellors, Aboriginal child protection workers, and Aboriginal police liaison officers for these “at-risk” students. On the other hand, the Department of Community Development (DCD) has provided services to parents and caregivers for children up to 18 years. Academics from Edith Cowan and Curtin universities are engaged in gathering the life stories of these “at-risk” students. One aspect of this research entails the students writing their life stories in a secured web portal that the universities have developed. The researchers believe that by engaging the students in these self-exploration activities, they (the students) would develop a more hopeful outlook on life. Though all agencies and educational institutions involved in this collaborative project are working for the well-being of the children “at-risk”, the Privacy Act forbids the authorities from sharing information about them. A school psychologist expressed concern over the Privacy Act: When the Juvenile Justice Department want to reintroduce a student into a school, we can’t find out anything about this student so we can’t do any preplanning. They want to give the student a fresh start, so there’s always that tension … eventually everyone overcomes [this] because you realise that the student has to come to the school and has to be engaged. Of course, the manner and consequences of a student’s engagement in school cannot be predicted. In the scenario described above students may have been given a fair chance to reform themselves, which is their positive right but if they turn out to be at “high risk” it would appear that the Juvenile Department protected the negative right of the students by supporting “freedom from” interference by others. Likewise, a school health nurse in the project considered confidentiality or the Privacy Act an important factor in the security of the student “at-risk”: I was trying to think about this kid who’s one of the children who has been sexually abused, who’s a client of DCD, and I guess if police got involved there and wanted to know details and DCD didn’t want to give that information out then I’d guess I’d say to the police “Well no, you’ll have to talk to the parents about getting further information.” I guess that way, recognising these students are minor and that they are very vulnerable, their information … where it’s going, where is it leading? Who wants to know? Where will it be stored? What will be the outcomes in the future for this kid? As a 14 year old, if they’re reckless and get into things, you know, do they get a black record against them by the time they’re 19? What will that information be used for if it’s disclosed? So I guess I become an advocate for the student in that way? Thus the nurse considers a sexually abused child should not be identified. It is a positive right in the interest of the person. Once again, though, if the student turns out to be at “high risk” or suicidal, then it would appear that the nurse was protecting the youth’s negative right—“freedom from” interference by others. Since collaboration is a positive right and aims at the students’ welfare, the workable solution to prevent the students from suicide would be to develop inter-agency trust and to share vital information about “high-risk” students. Dilemmas of Collaboration Some recent cases of the deaths of young non-Caucasian girls in Western countries, either because of the implications of the Privacy Act or due to a lack of efficient and effective communication and coordination amongst agencies, have raised debates on effective child protection. For example, the British Laming report (2003) found that Victoria Climbié, a young African girl, was sent by her parents to her aunt in Britain in order to obtain a good education and was murdered by her aunt and aunt’s boyfriend. However, the risk that she could be harmed was widely known. The girl’s problems were known to 6 local authorities, 3 housing authorities, 4 social services, 2 child protection teams, and the police, the local church, and the hospital, but not to the education authorities. According to the Laming Report, her death could have been prevented if there had been inter-agency sharing of information and appropriate evaluation (Balnaves and Luca 49). The agencies had supported the negative rights of the young girl’s “freedom from” interference by others, but at the cost of her life. Perhaps Victoria’s racial background may have contributed to the concealment of information and added to her disadvantaged position. Similarly, in Western Australia, the Gordon Inquiry into the death of Susan Taylor, a 15 year old girl Aboriginal girl at the Swan Nyungah Community, found that in her short life this girl had encountered sexual violation, violence, and the ravages of alcohol and substance abuse. The Gordon Inquiry reported: Although up to thirteen different agencies were involved in providing services to Susan Taylor and her family, the D[epartment] of C[ommunity] D[evelopment] stated they were unaware of “all the services being provided by each agency” and there was a lack of clarity as to a “lead coordinating agency” (Gordon et al. quoted in Scott 45). In this case too, multiple factors—domestic, racial, and the Privacy Act—may have led to Susan Taylor’s tragic end. In the United Kingdom, Harry Ferguson noted that when a child is reported to be “at-risk” from domestic incidents, they can suffer further harm because of their family’s concealment (204). Ferguson’s study showed that in 11 per cent of the 319 case sample, children were known to be re-harmed within a year of initial referral. Sometimes, the parents apply a veil of secrecy around themselves and their children by resisting or avoiding services. In such cases the collaborative efforts of the agencies and education may be thwarted. Lack of cultural education among teachers, youth workers, and agencies could also put the “at-risk” cultural minorities into a high risk category. For example, an “at-risk” Muslim student may not be willing to share personal experiences with the school or agencies because of religious sensitivities. This happened in the UK when Khadji Rouf was abused by her father, a Bangladeshi. Rouf’s mother, a white woman, and her female cousin from Bangladesh, both supported Rouf when she finally disclosed that she had been sexually abused for over eight years. After group therapy, Rouf stated that she was able to accept her identity and to call herself proudly “mixed race”, whereas she rejected the Asian part of herself because it represented her father. Other Asian girls and young women in this study reported that they could not disclose their abuse to white teachers or social workers because of the feeling that they would be “letting down their race or their Muslim culture” (Rouf 113). The marginalisation of many Muslim Australians both in the job market and in society is long standing. For example, in 1996 and again in 2001 the Muslim unemployment rate was three times higher than the national total (Australian Bureau of Statistics). But since the 9/11 tragedy and Bali bombings visible Muslims, such as women wearing hijabs (headscarves), have sometimes been verbally and physically abused and called ‘terrorists’ by some members of the wider community (Dreher 13). The Howard government’s new anti-terrorism legislation and the surveillance hotline ‘Be alert not alarmed’ has further marginalised some Muslims. Some politicians have also linked Muslim asylum seekers with terrorists (Kabir 303), which inevitably has led Muslim “at-risk” refugee students to withdraw from school support such as counselling. Under these circumstances, Muslim “at-risk” students and their parents may prefer to maintain a low profile rather than engage with agencies. In this case, arguably, federal government politics have exacerbated the barriers to collaboration. It appears that unfamiliarity with Muslim culture is not confined to mainstream Australians. For example, an Aboriginal liaison police officer engaged in the Smart Communities project in Western Australia had this to say about Muslim youths “at-risk”: Different laws and stuff from different countries and they’re coming in and sort of thinking that they can bring their own laws and religions and stuff … and when I say religions there’s laws within their religions as well that they don’t seem to understand that with Australia and our laws. Such generalised misperceptions of Muslim youths “at-risk” would further alienate them, thus causing a major hindrance to collaboration. The “at-risk” factors associated with Aboriginal youths have historical connections. Research findings have revealed that indigenous youths aged between 10-16 years constitute a vast majority in all Australian States’ juvenile detention centres. This over-representation is widely recognised as associated with the nature of European colonisation, and is inter-related with poverty, marginalisation and racial discrimination (Watson et al. 404). Like the Muslims, their unemployment rate was three times higher than the national total in 2001 (ABS). However, in 1998 it was estimated that suicide rates among Indigenous peoples were at least 40 per cent higher than national average (National Advisory Council for Youth Suicide Prevention, quoted in Elliot-Farrelly 2). Although the wider community’s unemployment rate is much lower than the Aboriginals and the Muslims, the “at-risk” factors of mainstream Australian youths are often associated with dysfunctional families, high conflict, low-cohesive families, high levels of harsh parental discipline, high levels of victimisation by peers, and high behavioural inhibition (Watson et al. 404). The Macquarie Fields riots in 2005 revealed the existence of “White” underclass and “at-risk” people in Sydney. Macquarie Fields’ unemployment rate was more than twice the national average. Children growing up in this suburb are at greater risk of being involved in crime (The Age). Thus small pockets of mainstream underclass youngsters also require collaborative attention. In Western Australia people working on the Smart Communities project identified that lack of resources can be a hindrance to collaboration for all sectors. As one social worker commented: “government agencies are hierarchical systems and lack resources”. They went on to say that in their department they can not give “at-risk” youngsters financial assistance in times of crisis: We had a petty cash box which has got about 40 bucks in it and sometimes in an emergency we might give a customer a couple of dollars but that’s all we can do, we can’t give them any larger amount. We have bus/metro rail passes, that’s the only thing that we’ve actually got. A youth worker in Smart Communities commented that a lot of uncertainty is involved with young people “at-risk”. They said that there are only a few paid workers in their field who are supported and assisted by “a pool of volunteers”. Because the latter give their time voluntarily they are under no obligation to be constant in their attendance, so the number of available helpers can easily fluctuate. Another youth worker identified a particularly important barrier to collaboration: because of workers’ relatively low remuneration and high levels of work stress, the turnover rates are high. The consequence of this is as follows: The other barrier from my point is that you’re talking to somebody about a student “at-risk”, and within 14 months or 18 months a new person comes in [to that position] then you’ve got to start again. This way you miss a lot of information [which could be beneficial for the youth]. Conclusion The Privacy Act creates a dilemma in that it can be either beneficial or counter-productive for a student’s security. To be blunt, a youth who has suicided might have had their privacy protected, but not their life. Lack of funding can also be a constraint on collaboration by undermining stability and autonomy in the workforce, and blocking inter-agency initiatives. Lack of awareness about cultural differences can also affect unity of action. The deepening inequality between the “haves” and “have-nots” in the Australian society, and the Howard government’s harshness on national security issues, can also pose barriers to collaboration on youth issues. Despite these exigencies and dilemmas, it would seem that collaboration is “the only game” when it comes to helping students “at-risk”. To enhance this collaboration, there needs to be a sensible modification of legal restrictions to information sharing, an increase in government funding and support for inter-agency cooperation and informal information sharing, and an increased awareness about the cultural needs of minority groups and knowledge of the mainstream underclass. Acknowledgments The research is part of a major Australian Research Council (ARC) funded project, Smart Communities. The authors very gratefully acknowledge the contribution of the interviewees, and thank *Donald E. Scott for conducting the interviews. References Australian Bureau of Statistics. 1996 and 2001. Balnaves, Mark, and Joe Luca. “The Impact of Digital Persona on the Future of Learning: A Case Study on Digital Repositories and the Sharing of Information about Children At-Risk in Western Australia”, paper presented at Ascilite, Brisbane (2005): 49-56. 10 April 2006. http://www.ascilite.org.au/conferences/brisbane05/blogs/proceedings/ 06_Balnaves.pdf>. Dreher, Tanya. ‘Targeted’: Experiences of Racism in NSW after September 11, 2001. Sydney: University of Technology, 2005. Elliot-Farrelly, Terri. “Australian Aboriginal Suicide: The Need for an Aboriginal Suicidology”? Australian e-Journal for the Advancement of Mental Health, 3.3 (2004): 1-8. 15 April 2006 http://www.auseinet.com/journal/vol3iss3/elliottfarrelly.pdf>. Farmer, James. A. High-Risk Teenagers: Real Cases and Interception Strategies with Resistant Adolescents. Springfield, Ill.: C.C. Thomas, 1990. Ferguson, Harry. Protecting Children in Time: Child Abuse, Child Protection and the Consequences of Modernity. London: Palgrave Macmillan, 2004. Foucault, Michel. Power/Knowledge: Selected Interviews and Other Writings, 1972-1977. Ed. Colin Gordon, trans. Colin Gordon et al. New York: Pantheon, 1980. Kabir, Nahid. Muslims in Australia: Immigration, Race Relations and Cultural History. London: Kegan Paul, 2005. Rouf, Khadji. “Myself in Echoes. My Voice in Song.” Ed. A. Bannister, et al. Listening to Children. London: Longman, 1990. Scott E. Donald. “Exploring Communication Patterns within and across a School and Associated Agencies to Increase the Effectiveness of Service to At-Risk Individuals.” MS Thesis, Curtin University of Technology, August 2005. The Age. “Investing in People Means Investing in the Future.” The Age 5 March, 2005. 15 April 2006 http://www.theage.com.au>. Watson, Malcolm, et al. “Pathways to Aggression in Children and Adolescents.” Harvard Educational Review, 74.4 (Winter 2004): 404-428. Citation reference for this article MLA Style Kabir, Nahid, and Mark Balnaves. "Students “at Risk”: Dilemmas of Collaboration." M/C Journal 9.2 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0605/04-kabirbalnaves.php>. APA Style Kabir, N., and M. Balnaves. (May 2006) "Students “at Risk”: Dilemmas of Collaboration," M/C Journal, 9(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0605/04-kabirbalnaves.php>.
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44

Almila, Anna-Mari. „Fabricating Effervescence“. M/C Journal 24, Nr. 1 (15.03.2021). http://dx.doi.org/10.5204/mcj.2741.

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Introduction In November 2020, upon learning that the company’s Covid-19 vaccine trial had been successful, the head of Pfizer’s Vaccine Research and Development, Kathrin Jansen, celebrated with champagne – “some really good stuff” (Cohen). Bubbles seem to go naturally with celebration, and champagne is fundamentally associated with bubbles. Yet, until the late-seventeenth century, champagne was a still wine, and it only reached the familiar levels of bubbliness in the late-nineteenth century (Harding). During this period and on into the early twentieth century, “champagne” was in many ways created, defined, and defended. A “champagne bubble” was created, within which the “nature” of champagne was contested and constructed. Champagne today is the result of hundreds of years of labour by many sorts of bubble-makers: those who make the bubbly drink, and those who construct, maintain, and defend the champagne bubble. In this article, I explore some elements of the champagne bubble, in order to understand both its fragility and rigidity over the years and today. Creating the Champagne Bubble – the Labour of Centuries It is difficult to separate the physical from the mythical as regards champagne. Therefore the categorisations below are always overlapping, and embedded in legal, political, economic, and socio-cultural factors. Just as assemblage – the mixing of wine from different grapes – is an essential element of champagne wine, the champagne bubble may be called heterogeneous assemblage. Indeed, the champagne bubble, as we will see below, is a myriad of different sorts of bubbles, such as terroir, appellation, myth and brand. And just as any assemblage, its heterogeneous elements exist and operate in relation to each other. Therefore the “champagne bubble” discussed here is both one and many, all of its elements fundamentally interconnected, constituting that “one” known as “champagne”. It is not my intention to be comprehensive of all the elements, historical and contemporary. Indeed, that would not be possible within such a short article. Instead, I seek to demonstrate some of the complexity of the champagne bubble, noting the elaborate labour that has gone into its creation. The Physical Champagne and Champagne – from Soil to Bubbles Champagne means both a legally protected geographical area (Champagne), and the wine (here: champagne) produced in this area from grapes defined as acceptable: most importantly pinot noir, pinot meunier (“black” grapes), and chardonnay (“white” grape). The method of production, too, is regulated and legally protected: méthode champenoise. Although the same method is used in numerous locations, these must be called something different: metodo classico (Italy), método tradicional (Spain), Methode Cap Classique (South Africa). The geographical area of Champagne was first legally defined in 1908, when it only included the areas of Marne and Aisne, leaving out, most importantly, the area of Aube. This decision led to severe unrest and riots, as the Aube vignerons revolted in 1911, forcing the inclusion of “zone 2”: Aube, Haute-Marne, and Seine-et-Marne (Guy). Behind these regulations was a surge in fraudulent production in the early twentieth century, as well as falling wine prices resulting from increasing supply of cheap wines (Colman 18). These first appellations d’origine had many consequences – they proved financially beneficial for the “zone 1”, but less so for the “zone 2”. When both these areas were brought under the same appellation in 1927, the financial benefits were more limited – but this may have been due to the Great Depression triggered in 1929 (Haeck et al.). It is a long-standing belief that the soil and climate of Champagne are key contributors to the quality of champagne wines, said to be due to “conditions … most suitable for making this type of wine” (Simon 11). Already in the end of the nineteenth century, the editor of Vigneron champenois attributed champagne’s quality to “a fortunate combination of … chalky soil … [and] unrivalled exposure [to the sun]” (Guy 119) among other things. Factors such as soil and climate, commonly included in and expressed through the idea of terroir, undoubtedly influence grapes and wines made thereof, but the extent remains unproven. Indeed, terroir itself is a very contested concept (Teil; Inglis and Almila). It is also the case that climate change has had, and will continue to have, devastating effects on wine production in many areas, while benefiting others. The highly successful English sparkling wine production, drawing upon know-how from the Champagne area, has been enabled by the warming climate (Inglis), while Champagne itself is at risk of becoming too hot (Robinson). Champagne is made through a process more complicated than most wines. I present here the bare bones of it, to illustrate the many challenges that had to be overcome to enable its production in the scale we see today. Freshly picked grapes are first pressed and the juice is fermented. Grape juice contains natural yeasts and therefore will ferment spontaneously, but fermentation can also be started with artificial yeasts. In fermentation, alcohol and carbon dioxide (CO2) are formed, but the latter usually escapes the liquid. The secret of champagne is its second fermentation, which happens in bottles, after wines from different grapes and/or vineyards have been blended for desired characteristics (assemblage). For the second fermentation, yeast and sugar are added. As the fermentation happens inside a bottle, the CO2 that is created does not escape, but dissolves into the wine. The average pressure inside a champagne bottle in serving temperature is around 5 bar – 5 times the pressure outside the bottle (Liger-Belair et al.). The obvious challenge this method poses has to do with managing the pressure. Exploding bottles used to be a common problem, and the manner of sealing bottles was not very developed, either. Seventeenth-century developments in bottle-making, and using corks to seal bottles, enabled sparkling wines to be produced in the first place (Leszczyńska; Phillips 137). Still today, champagne comes in heavy-bottomed bottles, sealed with characteristically shaped cork, which is secured with a wire cage known as muselet. Scientific innovations, such as calculating the ideal amount of sugar for the second fermentation in 1836, also helped to control the amount of gas formed during the second fermentation, thus making the behaviour of the wine more predictable (Leszczyńska 265). Champagne is characteristically a “manufactured” wine, as it involves several steps of interference, from assemblage to dosage – sugar added for flavour to most champagnes after the second fermentation (although there are also zero dosage champagnes). This lends champagne particularly suitable for branding, as it is possible to make the wine taste the same year after year, harvest after harvest, and thus create a distinctive and recognisable house style. It is also possible to make champagnes for different tastes. During the nineteenth century, champagnes of different dosage were made for different markets – the driest for the British, the sweetest for the Russians (Harding). Bubbles are probably the most striking characteristic of champagne, and they are enabled by the complicated factors described above. But they are also formed when the champagne is poured in a glass. Natural impurities on the surface of the glass provide channels through which the gas pockets trapped in the wine can release themselves, forming strains of rising bubbles (Liger-Belair et al.). Champagne glasses have for centuries differed from other wine glasses, often for aesthetic reasons (Harding). The bubbles seem to do more than give people aesthetic pleasure and sensory experiences. It is often claimed that champagne makes you drunk faster than other drinks would, and there is, indeed, some (limited) research showing that this may well be the case (Roberts and Robinson; Ridout et al.). The Mythical Champagne – from Dom Pérignon to Modern Wonders Just as the bubbles in a champagne glass are influenced by numerous forces, so the metaphorical champagne bubble is subject to complex influences. Myth-creation is one of the most significant of these. The origin of champagne as sparkling wine is embedded in the myth of Dom Pérignon of Hautvillers monastery (1638–1715), who according to the legend would have accidentally developed the bubbles, and then enthusiastically exclaimed “I am drinking the stars!” (Phillips 138). In reality, bubbles are a natural phenomenon provoked by winter temperatures deactivating the fermenting yeasts, and spring again reactivating them. The myth of Dom Pérignon was first established in the nineteenth century and quickly embraced by the champagne industry. In 1937, Moët et Chandon launched a premium champagne called Dom Pérignon, which enjoys high reputation until this day (Phillips). The champagne industry has been active in managing associations connected with champagne since the nineteenth century. Sparkling champagnes had already enjoyed fashionability in the later seventeenth and early eighteenth century, both in the French Court, and amongst the British higher classes. In the second half of the nineteenth century, champagne found ever increasing markets abroad, and the clientele was not aristocratic anymore. Before the 1860s, champagne’s association was with high status celebration, as well as sexual activity and seduction (Harding; Rokka). As the century went on, and champagne sales radically increased, associations with “modernity” were added: “hot-air balloons, towering steamships, transcontinental trains, cars, sports, and other ‘modern’ wonders were often featured in quickly proliferating champagne advertising” (Rokka 280). During this time, champagne grew both drier and more sparkling, following consumer tastes (Harding). Champagne’s most important markets in later nineteenth century included the UK, where the growing middle classes consumed champagne for both celebration and hospitality (Harding), the US, where (upper) middle-class women were served champagne in new kinds of consumer environments (Smith; Remus), and Russia, where the upper classes enjoyed sweeter champagne – until the Revolution (Phillips 296). The champagne industry quickly embraced the new middle classes in possession of increasing wealth, as well as new methods of advertising and marketing. What is remarkable is that they managed to integrate enormously varied cultural thematics and still retain associations with aristocracy and luxury, while producing and selling wine in industrial scale (Harding; Rokka). This is still true today: champagne retains a reputation of prestige, despite large-scale branding, production, and marketing. Maintaining and Defending the Bubble: Formulas, Rappers, and the Absolutely Fabulous Tipplers The falling wine prices and increasing counterfeit wines coincided with Europe’s phylloxera crisis – the pest accidentally brought over from North America that almost wiped out all Europe’s vineyards. The pest moved through Champagne in the 1890s, killing vines and devastating vignerons (Campbell). The Syndicat du Commerce des vins de Champagne had already been formed in 1882 (Rokka 280). Now unions were formed to fight phylloxera, such as the Association Viticole Champenoise in 1898. The 1904 Fédération Syndicale des Vignerons was formed to lobby the government to protect the name of Champagne (Leszczyńska 266) – successfully, as we have seen above. The financial benefits from appellations were certainly welcome, but short-lived. World War I treated Champagne harshly, with battle lines stuck through the area for years (Guy 187). The battle went on also in the lobbying front. In 1935, a new appellation regime was brought into law, which came to be the basis for all European systems, and the Comité National des appellations d'origine (CNAO) was founded (Colman 1922). Champagne’s protection became increasingly international, and continues to be so today under EU law and trade deals (European Commission). The post-war recovery of champagne relied on strategies used already in the “golden years” – marketing and lobbying. Advertising continued to embrace “luxury, celebration, transport (extending from air travel to the increasingly popular automobile), modernity, sports” (Guy 188). Such advertisement must have responded accurately to the mood of post-war, pre-depression Europe. Even in the prohibition US it was known that the “frivolous” French women might go as far as bathe in champagne, like the popular actress Mistinguett (Young 63). Curiously, in the 1930s Soviet Russia, “champagne” (not produced in Champagne) was declared a sign of good living, symbolising the standard of living that any Soviet worker had access to (at least in theory) (Gronow). Today, the reputation of champagne is fiercely defended in legal terms. This is not only in terms of protection against other sparkling wine making areas, but also in terms of exploitation of champagne’s reputation by actors in other commercial fields, and even against mass market products containing genuine champagne (Mahy and d’Ath; Schneider and Nam). At the same time, champagne has been widely “democratised” by mass production, enabled partly by increasing mechanisation and scientification of champagne production from the 1950s onwards (Leszczyńska 266). Yet champagne retains its association with prestige, luxury, and even royalty. This has required some serious adaptation and flexibility. In what follows, I look into three cultural phenomena that illuminate processes of such adaptation: Formula One (F1) champagne spraying, the 1990s sitcom Absolutely Fabulous, and the Cristal racism scandal in 2006. The first champagne bottle is said to have been presented to F1 grand prix winner in Champagne in 1950 (Wheels24). Such a gesture would have been fully in line with champagne’s association with cars, sport, and modernity. But what about the spraying? Surely that is not in line with the prestige of the wine? The first spraying is attributed to Jo Siffert in 1966 and Dan Gurney in 1967, the former described as accidental, the latter as a spontaneous gesture of celebration (Wheels24; Dobie). Moët had become the official supplier of F1 champagnes in 1966, and there are no signs that the new custom would have been problematic for them, as their sponsorship continued until 1999, after which Mumm sponsored the sport for 15 years. Today, the champagne to be popped and sprayed is Chanson, in special bottles “coated in the same carbon fibre that F1 cars are made of” (Wheels24). Such an iconic status has the spraying gained that it features in practically all TV broadcasts concerning F1, although non-alcoholic substitute is used in countries where sale of alcohol is banned (Barker et al., “Quantifying”; Barker et al., “Alcohol”). As disturbing as the champagne spraying might look for a wine snob, it is perfectly in line with champagne’s marketing history and entrepreneurial spirit shown since the nineteenth century. Nor is it unheard of to let champagne spray. The “art” of sabrage, opening champagne bottle with a sable, associated with glamour, spectacle, and myth – its origin is attributed to Napoleon and his officers – is perfectly acceptable even for the snob. Sparkling champagne was always bound up with joy and celebration, not a solemn drink, and the champagne bubble was able to accommodate middle classes as well as aristocrats. This brings us to our second example, the British sitcom Absolutely Fabulous. The show, first released in 1992, featured two women, “Eddy” (Jennifer Saunders) and “Patsy” (Joanna Lumley), who spent their time happily smoking, taking drugs, and drinking large quantities of “Bolly” (among other things). Bollinger champagne may have initially experienced “a bit of a shock” for being thus addressed, but soon came to see the benefits of fame (French). In 2005, they hired PR support to make better use of the brand’s “Ab Fab” recognisability, and to improve its prestige reputation in order to justify their higher price range (Cann). Saunders and Lumley were warmly welcomed by the Bollinger house when filming for their champagne tour Absolutely Champers (2017). It is befitting indeed that such controversial fame came from the UK, the first country to discover sparkling champagne outside France (Simon 48), and where the aspirational middle classes were keen to consume it already in the nineteenth century (Harding). More controversial still is the case of Cristal (made by Louis Roederer) and the US rap world. Enthusiastically embraced by the “bling-bling” world of (black) rappers, champagne seems to fit their ethos well. Cristal was long favoured as both a drink and a word in rap lyrics. But in 2006, the newly appointed managing director at the family owned Roederer, Frédéric Rouzaud, made comments considered racist by many (Woodland). Rouzard told in an interview with The Economist that the house observed the Cristal-rap association “with curiosity and serenity”. He reportedly continued: “but what can we do? We can’t forbid people from buying it. I’m sure Dom Pérignon or Krug would be delighted to have their business”. It was indeed those two brands that the rapper Jay-Z replaced Cristal with, when calling for a boycott on Cristal. It would be easy to dismiss Rouzard’s comments as snobbery, or indeed as racism, but they merit some more reflection. Cristal is the premium wine of a house that otherwise does not enjoy high recognisability. While champagne’s history involves embracing new sorts of clientele, and marketing flexibly to as many consumer groups as possible (Rokka), this was the first spectacular crossing of racial boundaries. It was always the case that different houses and their different champagnes were targeted at different clienteles, and it is apparent that Cristal was not targeted at black rap artists. Whereas Bollinger was able to turn into a victory the questionable fame brought by the white middle-class association of Absolutely Fabulous, the more prestigious Cristal considered the attention of the black rapper world more threatening and acted accordingly. They sought to defend their own brand bubble, not the larger champagne bubble. Cristal’s reputation seems to have suffered little – its 2008 vintage, launched in 2018, was the most traded wine of that year (Schultz). Jay-Z’s purchase of his own champagne brand (Armand de Brignac, nicknamed Ace of Spades) has been less successful reputation-wise (Greenburg). It is difficult to break the champagne bubble, and it may be equally difficult to break into it. Conclusion In this article, I have looked into the various dilemmas the “bubble-makers” of Champagne encountered when fabricating what is today known as “champagne”. There have been moments of threat to the bubble they formed, such as in the turn of nineteenth and twentieth centuries, and eras of incomparable success, such as from the 1860s to 1880s. The discussion has demonstrated the remarkable flexibility with which the makers and defenders of champagne have responded to challenges, and dealt with material, socio-cultural, economic, and other problems. It feels appropriate to end with a note on the current challenge the champagne industry faces: Covid-19. The pandemic hit champagne sales exceptionally hard, leaving around 100 million bottles unsold (Micallef). This was not very surprising, given the closure of champagne-selling venues, banning of public and private celebrations, and a general mood not particularly prone to (or even likely to frown upon) such light-hearted matters as glamour and champagne. Champagne has survived many dramatic drops in sales during the twentieth century, such as the Great Depression of the 1930s, and the post-financial crisis collapse in 2009. Yet they seem to be able to make astonishing recoveries. Already, there are indicators that many people consumed more champagne during the festive end-of-year season than in previous years (Smithers). For the moment, it looks like the champagne bubble, despite its seeming fragility, is practically indestructible, no matter how much its elements may suffer under various pressures and challenges. References Barker, Alexander, Magdalena Opazo-Breton, Emily Thomson, John Britton, Bruce Granti-Braham, and Rachael L. Murray. “Quantifying Alcohol Audio-Visual Content in UK Broadcasts of the 2018 Formula 1 Championship: A Content Analysis and Population Exposure.” BMJ Open 10 (2020): e037035. <https://bmjopen.bmj.com/content/10/8/e037035>. Barker, Alexander B., John Britton, Bruce Grant-Braham, and Rachael L. Murray. “Alcohol Audio-Visual Content in Formula 1 Television Broadcasting.” BMC Public Health 18 (2018): 1155. <https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-018-6068-3>. Campbell, Christy. Phylloxera: How Wine Was Saved for the World. London: Harper, 2004. Cann, Richard. “Bolllinger Signs Agency to Reclaim Ab Fab Status.” PR Week 4 Mar. 2005. 4 Mar. 2021 <https://www.prweek.com/article/472221/bollinger-signs-agency-reclaim-ab-fab-status>. Cohen, Jon. “Champagne and Questions Greet First Data Showing That a COVID-19 Vaccine Works.” Science 9 Nov. 2020. 4 Mar. 2021 <https://www.sciencemag.org/news/2020/11/champagne-and-questions-greet-first-data-showing-covid-19-vaccine-works>. Colman, Tyler. Wine Politics: How Governments, Environmentalists, Mobsters, and Critics Influence the Wines We Drink. Berkeley: University of California Press, 2008. Dobie, Stephen. “The Story of Motorsport’s First Ever Champagne Spray.” TopGear 15 Jan. 2018. 4 Mar. 2021 <https://www.topgear.com/car-news/motorsport/story-motorsports-first-ever-champagne-spray>. European Commission. “Wine.” 4 Mar. 2021 <https://ec.europa.eu/info/food-farming-fisheries/plants-and-plant-products/plant-products/wine_en#:~:text=Related%20links-,Overview,consumption%20and%2070%25%20of%20exports>. French, Phoebe. “Joanna Lumley and Jennifer Saunders to Star in Absolutely Champers.” The Drinks Business 20 Dec. 2017. 4 Mar. 2021 <https://www.thedrinksbusiness.com/2017/12/joanna-lumley-and-jennifer-saunders-to-star-in-absolutely-champers/>. Greenburg, Zack O. “The Real Story behind Jay Z's Champagne Deal.” Forbes 6 Nov. 2014. 4 Mar. 2021 <https://www.forbes.com/sites/zackomalleygreenburg/2014/11/06/why-jay-zs-champagne-news-isnt-so-new/?sh=6e4eb8f07528>. Gronow, Jukka. “Caviar with Champagne Good Life and Common Luxury in Stalin's Soviet Union.” Suomen Antropologi 4 (1998). Guy, Colleen M. When Champagne Became French: Wine and the Making of a National Identity. London: Johns Hopkins University Press, 2003. Haeck, Catherine, Giulia Meloni, and Johan Swinnen. “The Value of Terroir: A Historical Analysis of the Bordeaux and Champagne Geographical Indications.” Applied Economic Perspectives and Policy 41.4 (2019): 598–619. <https://onlinelibrary.wiley.com/doi/abs/10.1093/aepp/ppz026>. Harding, Graham. “The Making of Modern Champagne: How and Why the Taste for and the Taste of Champagne Changed in Nineteenth Century Britain.” Consumption Markets & Culture 42.1 (2021): 6-29. <https://www.tandfonline.com/doi/abs/10.1080/10253866.2020.1713765?journalCode=gcmc20>. Inglis, David. “Wine Globalization: Longer-Term Dynamics and Contemporary Patterns.” The Globalization of Wine. Eds. David Inglis and Anna-Mari Almila. London: Bloomsbury, 2019. 21-46. Inglis, David, and Anna-Mari Almila. “Introduction: The Travels and Tendencies of Wine.” The Globalization of Wine. Eds. David Inglis and Anna-Mari Almila. London: Bloomsbury, 2019. 1-20. Leszczyńska, D. “A Cluster and Its Trajectory: Evidence from the History of the French Champagne Production Cluster.” Labor History 57.2 (2016): 258-276. <https://www.tandfonline.com/doi/abs/10.1080/0023656X.2016.1161140>. Liger-Belair, Gérard, Guillaume Polidori, and Philippe Jeandet. “Recent Advances in the Science of Champagne Bubbles.” Chemical Society Reviews 37 (2008): 2490–2511. <https://pubs.rsc.org/en/content/articlelanding/2008/cs/b717798b#!divAbstract>. Mahy, Aude, and Florence d’Ath. “The Case of the ‘Champagner Sorbet’ – Unlawful Exploitation or Legitimate Use of the Protected Name ‘Champagne’?” EFFL 1 (2017): 43-48. <https://www.jstor.org/stable/26451418?seq=1>. Micallef, Joseph V. “How Champagne Is Bouncing Back after the COVID-19 Pandemic.” Forbes 15 Nov. 2020. 4 Mar. 2021 <https://www.forbes.com/sites/joemicallef/2020/11/15/how-champagne-is-bouncing-back-after-the-covid-19-pandemic/?sh=3300e4125784>. Phillips, Rod. A Short History of Wine. London: Penguin, 2000. Remus, Emily A. “Tippling Ladies and the Making of Consumer Culture: Gender and Public Space in ‘Fin-de- Siècle’ Chicago.” The Journal of American History 101.3 (2014): 751-77. <https://academic.oup.com/jah/article/101/3/751/796447?login=true>. Ridout, Fran, Stuart Gould, Carlo Nunes, and Ian Hindmarch. “The Effects of Carbon Dioxide in Champagne on Psychometric Performance and Blood-Alcohol Concentration.” Alcohol and Alcoholism 38.4 (2003): 381-85. <https://academic.oup.com/alcalc/article/38/4/381/232628>. Roberts, C., and S.P. Robinson. “Alcohol Concentration and Carbonation of Drinks: The Effect on Blood Alcohol Levels.” Journal of Forensic and Legal Medicine 14.7 (2007): 398-405. <https://pubmed.ncbi.nlm.nih.gov/17720590/>. Robinson, Frances. “Champagne Will Be Too Hot for Champagne Research Warns.” Decanter. 12 Jan. 2004. 4 Mar. 2021 <https://www.decanter.com/wine-news/champagne-will-be-too-hot-for-champagne-research-warns-103258/>. Rokka, Joonas. “Champagne: Marketplace Icon.” Consumption Markets & Culture 20.3 (2017): 275-283. <https://www.tandfonline.com/doi/abs/10.1080/10253866.2016.1177990?journalCode=gcmc20>. Schneider, Marius, and Nora Ho Tu Nam. “Champagne Makes the Dough Sour: EUIPO Board of Appeal Allows Opposition against Registration of Champagnola Trade Mark Based on Evocation of Champagne PDO.” Journal of Intellectual Property Law & Practice 15.9 (2020): 675-676. <https://academic.oup.com/jiplp/article/15/9/675/5905791>. Schultz, Abby. “20 Minutes With: Frédéric Rouzaud on Cristal, Biodynamics, and Zero Dosage.” Penta. 31 Dec. 2018. 4 Mar. 2021 <https://www.barrons.com/articles/20-minutes-with-frederic-rouzaud-on-cristal-biodynamics-and-zero-dosage-01546280265>. Simon, André L. The History of Champagne. London: Octobus, 1972. Smith, Andrew F. Drinking History: Fifteen Turning Points in the Making of American Beverages. New York: Columbia University Press, 2013. Smithers, Rebecca. “Britons Turn to Luxury Food and Drink to See Out Dismal 2020 in Style.” The Guardian 28 Dec. 2020. 4 Mar. 2021 <https://www.theguardian.com/business/2020/dec/28/britons-turn-luxury-food-drink-see-out-dismal-2020-style?CMP=Share_AndroidApp_Gmail>. Teil, Geneviève. “No Such Thing as Terroir? Objectivities and the Regimes of Existence of Objects.” Science, Technology & Human Values 37.5 (2012): 478-505. <https://journals.sagepub.com/doi/abs/10.1177/0162243911423843>. Wheels24. “Champagne Returns to F1 podium.” 2 Aug. 2017. 4 Mar. 2021 <https://www.news24.com/wheels/FormulaOne/champagne-returns-to-f1-podium-20170802>. Woodland, Richard. “Rapper Jay-Z Boycotts ‘Racist’ Cristal.” Decanter 16 June 2006. 4 Mar. 2021 <https://www.decanter.com/wine-news/rapper-jay-z-boycotts-racist-cristal-94054/>. Young, Robert K. “Out of the Ashes: The American Press and France's Postwar Recovery in the 1920s.” Historical Reflections / Réflexions Historiques 28.1 (2002): 51-72. <https://www.jstor.org/stable/41299224?seq=1>.
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45

Wark, McKenzie. „Toywars“. M/C Journal 6, Nr. 3 (01.06.2003). http://dx.doi.org/10.5204/mcj.2179.

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I first came across etoy in Linz, Austria in 1995. They turned up at Ars Electronica with their shaved heads, in their matching orange bomber jackets. They were not invited. The next year they would not have to crash the party. In 1996 they were awarded Arts Electronica’s prestigious Golden Nica for web art, and were on their way to fame and bitterness – the just rewards for their art of self-regard. As founding member Agent.ZAI says: “All of us were extremely greedy – for excitement, for drugs, for success.” (Wishart & Boschler: 16) The etoy story starts on the fringes of the squatters’ movement in Zurich. Disenchanted with the hard left rhetorics that permeate the movement in the 1980s, a small group look for another way of existing within a commodified world, without the fantasy of an ‘outside’ from which to critique it. What Antonio Negri and friends call the ‘real subsumption’ of life under the rule of commodification is something etoy grasps intuitively. The group would draw on a number of sources: David Bowie, the Sex Pistols, the Manchester rave scene, European Amiga art, rumors of the historic avant gardes from Dada to Fluxus. They came together in 1994, at a meeting in the Swiss resort town of Weggis on Lake Lucerne. While the staging of the founding meeting looks like a rerun of the origins of the Situationist International, the wording of the invitation might suggest the founding of a pop music boy band: “fun, money and the new world?” One of the – many – stories about the origins of the name Dada has it being chosen at random from a bilingual dictionary. The name etoy, in an update on that procedure, was spat out by a computer program designed to make four letter words at random. Ironically, both Dada and etoy, so casually chosen, would inspire furious struggles over the ownership of these chancey 4-bit words. The group decided to make money by servicing the growing rave scene. Being based in Vienna and Zurich, the group needed a way to communicate, and chose to use the internet. This was a far from obvious thing to do in 1994. Connections were slow and unreliable. Sometimes it was easier to tape a hard drive full of clubland graphics to the underside of a seat on the express train from Zurich to Vienna and simply email instructions to meet the train and retrieve it. The web was a primitive instrument in 1995 when etoy built its first website. They launched it with a party called etoy.FASTLANE, an optimistic title when the web was anything but. Coco, a transsexual model and tabloid sensation, sang a Japanese song while suspended in the air. She brought media interest, and was anointed etoy’s lifestyle angel. As Wishart and Bochsler write, “it was as if the Seven Dwarfs had discovered their Snow White.” (Wishart & Boschler: 33) The launch didn’t lead to much in the way of a music deal or television exposure. The old media were not so keen to validate the etoy dream of lifting themselves into fame and fortune by their bootstraps. And so etoy decided to be stars of the new media. The slogan was suitably revised: “etoy: the pop star is the pilot is the coder is the designer is the architect is the manager is the system is etoy.” (Wishart & Boschler: 34) The etoy boys were more than net.artists, they were artists of the brand. The brand was achieving a new prominence in the mid-90s. (Klein: 35) This was a time when capitalism was hollowing itself out in the overdeveloped world, shedding parts of its manufacturing base. Control of the circuits of commodification would rest less on the ownership of the means of production and more on maintaining a monopoly on the flows of information. The leading edge of the ruling class was becoming self-consciously vectoral. It controlled the flow of information about what to produce – the details of design, the underlying patents. It controlled the flows of information about what is produced – the brands and logos, the slogans and images. The capitalist class is supplanted by a vectoral class, controlling the commodity circuit through the vectors of information. (Wark) The genius of etoy was to grasp the aesthetic dimension of this new stage of commodification. The etoy boys styled themselves not so much as a parody of corporate branding and management groupthink, but as logical extension of it. They adopted matching uniforms and called themselves agents. In the dada-punk-hiphop tradition, they launched themselves on the world as brand new, self-created, self-named subjects: Agents Zai, Brainhard, Gramazio, Kubli, Esposto, Udatny and Goldstein. The etoy.com website was registered in 1995 with Network Solutions for a $100 fee. The homepage for this etoy.TANKSYSTEM was designed like a flow chart. As Gramazio says: “We wanted to create an environment with surreal content, to build a parallel world and put the content of this world into tanks.” (Wishart & Boschler: 51) One tank was a cybermotel, with Coco the first guest. Another tank showed you your IP number, with a big-brother eye looking on. A supermarket tank offered sunglasses and laughing gas for sale, but which may or may not be delivered. The underground tank included hardcore photos of a sensationalist kind. A picture of the Federal Building in Oklamoma City after the bombing was captioned in deadpan post-situ style “such work needs a lot of training.” (Wishart & Boschler: 52) The etoy agents were by now thoroughly invested in the etoy brand and the constellation of images they had built around it, on their website. Their slogan became “etoy: leaving reality behind.” (Wishart & Boschler: 53) They were not the first artists fascinated by commodification. It was Warhol who said “good art is good business.”(Warhol ) But etoy reversed the equation: good business is good art. And good business, in this vectoral age, is in its most desirable form an essentially conceptual matter of creating a brand at the center of a constellation of signifiers. Late in 1995, etoy held another group meeting, at the Zurich youth center Dynamo. The problem was that while they had build a hardcore website, nobody was visiting it. Agents Gooldstein and Udatny thought that there might be a way of using the new search engines to steer visitors to the site. Zai and Brainhard helped secure a place at the Vienna Academy of Applied Arts where Udatny could use the computer lab to implement this idea. Udatny’s first step was to create a program that would go out and gather email addresses from the web. These addresses would form the lists for the early examples of art-spam that etoy would perpetrate. Udatny’s second idea was a bit more interesting. He worked out how to get the etoy.TANKSYSTEM page listed in search engines. Most search engines ranked pages by the frequency of the search term in the pages it had indexed, so etoy.TANKSYSTEM would contain pages of selected keywords. Porn sites were also discovering this method of creating free publicity. The difference was that etoy chose a very carefully curated list of 350 search terms, including: art, bondage, cyberspace, Doom, Elvis, Fidel, genx, heroin, internet, jungle and Kant. Users of search engines who searched for these terms would find dummy pages listed prominently in their search results that directed them, unsuspectingly, to etoy.com. They called this project Digital Hijack. To give the project a slightly political aura, the pages the user was directed to contained an appeal for the release of convicted hacker Kevin Mitnick. This was the project that won them a Golden Nica statuette at Ars Electronica in 1996, which Gramazio allegedly lost the same night playing roulette. It would also, briefly, require that they explain themselves to the police. Digital Hijack also led to the first splits in the group, under the intense pressure of organizing it on a notionally collective basis, but with the zealous Agent Zai acting as de facto leader. When Udatny was expelled, Zai and Brainhard even repossessed his Toshiba laptop, bought with etoy funds. As Udatny recalls, “It was the lowest point in my life ever. There was nothing left; I could not rely on etoy any more. I did not even have clothes, apart from the etoy uniform.” (Wishart & Boschler: 104) Here the etoy story repeats a common theme from the history of the avant gardes as forms of collective subjectivity. After Digital Hijack, etoy went into a bit of a slump. It’s something of a problem for a group so dependent on recognition from the other of the media, that without a buzz around them, etoy would tend to collapse in on itself like a fading supernova. Zai spend the early part of 1997 working up a series of management documents, in which he appeared as the group’s managing director. Zai employed the current management theory rhetoric of employee ‘empowerment’ while centralizing control. Like any other corporate-Trotskyite, his line was that “We have to get used to reworking the company structure constantly.” (Wishart & Boschler: 132) The plan was for each member of etoy to register the etoy trademark in a different territory, linking identity to information via ownership. As Zai wrote “If another company uses our name in a grand way, I’ll probably shoot myself. And that would not be cool.” (Wishart & Boschler:: 132) As it turned out, another company was interested – the company that would become eToys.com. Zai received an email offering “a reasonable sum” for the etoy.com domain name. Zai was not amused. “Damned Americans, they think they can take our hunting grounds for a handful of glass pearls….”. (Wishart & Boschler: 133) On an invitation from Suzy Meszoly of C3, the etoy boys traveled to Budapest to work on “protected by etoy”, a work exploring internet security. They spent most of their time – and C3’s grant money – producing a glossy corporate brochure. The folder sported a blurb from Bjork: “etoy: immature priests from another world” – which was of course completely fabricated. When Artothek, the official art collection of the Austrian Chancellor, approached etoy wanting to buy work, the group had to confront the problem of how to actually turn their brand into a product. The idea was always that the brand was the product, but this doesn’t quite resolve the question of how to produce the kind of unique artifacts that the art world requires. Certainly the old Conceptual Art strategy of selling ‘documentation’ would not do. The solution was as brilliant as it was simple – to sell etoy shares. The ‘works’ would be ‘share certificates’ – unique objects, whose only value, on the face of it, would be that they referred back to the value of the brand. The inspiration, according to Wishart & Boschsler, was David Bowie, ‘the man who sold the world’, who had announced the first rock and roll bond on the London financial markets, backed by future earnings of his back catalogue and publishing rights. Gramazio would end up presenting Chancellor Viktor Klima with the first ‘shares’ at a press conference. “It was a great start for the project”, he said, “A real hack.” (Wishart & Boschler: 142) For this vectoral age, etoy would create the perfect vectoral art. Zai and Brainhard took off next for Pasadena, where they got the idea of reverse-engineering the online etoy.TANKSYSTEM by building an actual tank in an orange shipping container, which would become etoy.TANK 17. This premiered at the San Francisco gallery Blasthaus in June 1998. Instant stars in the small world of San Francisco art, the group began once again to disintegrate. Brainhard and Esposito resigned. Back in Europe in late 1998, Zai was preparing to graduate from the Vienna Academy of Applied Arts. His final project would recapitulate the life and death of etoy. It would exist from here on only as an online archive, a digital mausoleum. As Kubli says “there was no possibility to earn our living with etoy.” (Wishart & Boschler: 192) Zai emailed eToys.com and asked them if them if they would like to place a banner ad on etoy.com, to redirect any errant web traffic. Lawyers for eToys.com offered etoy $30,000 for the etoy.com domain name, which the remaining members of etoy – Zai, Gramazio, Kubli – refused. The offer went up to $100,000, which they also refused. Through their lawyer Peter Wild they demanded $750,000. In September 1999, while etoy were making a business presentation as their contribution to Ars Electronica, eToys.com lodged a complaint against etoy in the Los Angeles Superior Court. The company hired Bruce Wessel, of the heavyweight LA law firm Irell & Manella, who specialized in trademark, copyright and other intellectual property litigation. The complaint Wessel drafted alleged that etoy had infringed and diluted the eToys trademark, were practicing unfair competition and had committed “intentional interference with prospective economic damage.” (Wishart & Boschler: 199) Wessel demanded an injunction that would oblige etoy to cease using its trademark and take down its etoy.com website. The complaint also sought to prevent etoy from selling shares, and demanded punitive damages. Displaying the aggressive lawyering for which he was so handsomely paid, Wessel invoked the California Unfair Competition Act, which was meant to protect citizens from fraudulent business scams. Meant as a piece of consumer protection legislation, its sweeping scope made it available for inventive suits such as Wessel’s against etoy. Wessel was able to use pretty much everything from the archive etoy built against it. As Wishart and Bochsler write, “The court papers were like a delicately curated catalogue of its practices.” (Wishart & Boschler: 199) And indeed, legal documents in copyright and trademark cases may be the most perfect literature of the vectoral age. The Unfair Competition claim was probably aimed at getting the suit heard in a Californian rather than a Federal court in which intellectual property issues were less frequently litigated. The central aim of the eToys suit was the trademark infringement, but on that head their claims were not all that strong. According to the 1946 Lanham Act, similar trademarks do not infringe upon each other if there they are for different kinds of business or in different geographical areas. The Act also says that the right to own a trademark depends on its use. So while etoy had not registered their trademark and eToys had, etoy were actually up and running before eToys, and could base their trademark claim on this fact. The eToys case rested on a somewhat selective reading of the facts. Wessel claimed that etoy was not using its trademark in the US when eToys was registered in 1997. Wessel did not dispute the fact that etoy existed in Europe prior to that time. He asserted that owning the etoy.com domain name was not sufficient to establish a right to the trademark. If the intention of the suit was to bully etoy into giving in, it had quite the opposite effect. It pissed them off. “They felt again like the teenage punks they had once been”, as Wishart & Bochsler put it. Their art imploded in on itself for lack of attention, but called upon by another, it flourished. Wessel and eToys.com unintentionally triggered a dialectic that worked in quite the opposite way to what they intended. The more pressure they put on etoy, the more valued – and valuable – they felt etoy to be. Conceptual business, like conceptual art, is about nothing but the management of signs within the constraints of given institutional forms of market. That this conflict was about nothing made it a conflict about everything. It was a perfectly vectoral struggle. Zai and Gramazio flew to the US to fire up enthusiasm for their cause. They asked Wolfgang Staehle of The Thing to register the domain toywar.com, as a space for anti-eToys activities at some remove from etoy.com, and as a safe haven should eToys prevail with their injunction in having etoy.com taken down. The etoy defense was handled by Marcia Ballard in New York and Robert Freimuth in Los Angeles. In their defense, they argued that etoy had existed since 1994, had registered its globally accessible domain in 1995, and won an international art prize in 1996. To counter a claim by eToys that they had a prior trademark claim because they had bought a trademark from another company that went back to 1990, Ballard and Freimuth argued that this particular trademark only applied to the importation of toys from the previous owner’s New York base and thus had no relevance. They capped their argument by charging that eToys had not shown that its customers were really confused by the existence of etoy. With Christmas looming, eToys wanted a quick settlement, so they offered Zurich-based etoy lawyer Peter Wild $160,000 in shares and cash for the etoy domain. Kubli was prepared to negotiate, but Zai and Gramazio wanted to gamble – and raise the stakes. As Zai recalls: “We did not want to be just the victims; that would have been cheap. We wanted to be giants too.” (Wishart & Boschler: 207) They refused the offer. The case was heard in November 1999 before Judge Rafeedie in the Federal Court. Freimuth, for etoy, argued that federal Court was the right place for what was essentially a trademark matter. Robert Kleiger, for eToys, countered that it should stay where it was because of the claims under the California Unfair Competition act. Judge Rafeedie took little time in agreeing with the eToys lawyer. Wessel’s strategy paid off and eToys won the first skirmish. The first round of a quite different kind of conflict opened when etoy sent out their first ‘toywar’ mass mailing, drawing the attention of the net.art, activism and theory crowd to these events. This drew a report from Felix Stalder in Telepolis: “Fences are going up everywhere, molding what once seemed infinite space into an overcrowded and tightly controlled strip mall.” (Stalder ) The positive feedback from the net only emboldened etoy. For the Los Angeles court, lawyers for etoy filed papers arguing that the sale of ‘shares’ in etoy was not really a stock offering. “The etoy.com website is not about commerce per se, it is about artist and social protest”, they argued. (Wishart & Boschler: 209) They were obliged, in other words, to assert a difference that the art itself had intended to blur in order to escape eToy’s claims under the Unfair Competition Act. Moreover, etoy argued that there was no evidence of a victim. Nobody was claiming to have been fooled by etoy into buying something under false pretences. Ironically enough, art would turn out in hindsight to be a more straightforward transaction here, involving less simulation or dissimulation, than investing in a dot.com. Perhaps we have reached the age when art makes more, not less, claim than business to the rhetorical figure of ‘reality’. Having defended what appeared to be the vulnerable point under the Unfair Competition law, etoy went on the attack. It was the failure of eToys to do a proper search for other trademarks that created the problem in the first place. Meanwhile, in Federal Court, lawyers for etoy launched a counter-suit that reversed the claims against them made by eToys on the trademark question. While the suits and counter suits flew, eToys.com upped their offer to settle to a package of cash and shares worth $400,000. This rather puzzled the etoy lawyers. Those choosing to sue don’t usually try at the same time to settle. Lawyer Peter Wild advised his clients to take the money, but the parallel tactics of eToys.com only encouraged them to dig in their heels. “We felt that this was a tremendous final project for etoy”, says Gramazio. As Zai says, “eToys was our ideal enemy – we were its worst enemy.” (Wishart & Boschler: 210) Zai reported the offer to the net in another mass mail. Most people advised them to take the money, including Doug Rushkoff and Heath Bunting. Paul Garrin counseled fighting on. The etoy agents offered to settle for $750,000. The case came to court in late November 1999 before Judge Shook. The Judge accepted the plausibility of the eToys version of the facts on the trademark issue, which included the purchase of a registered trademark from another company that went back to 1990. He issued an injunction on their behalf, and added in his statement that he was worried about “the great danger of children being exposed to profane and hardcore pornographic issues on the computer.” (Wishart & Boschler: 222) The injunction was all eToys needed to get Network Solutions to shut down the etoy.com domain. Zai sent out a press release in early December, which percolated through Slashdot, rhizome, nettime (Staehle) and many other networks, and catalyzed the net community into action. A debate of sorts started on investor websites such as fool.com. The eToys stock price started to slide, and etoy ‘warriors’ felt free to take the credit for it. The story made the New York Times on 9th December, Washington Post on the 10th, Wired News on the 11th. Network Solutions finally removed the etoy.com domain on the 10th December. Zai responded with a press release: “this is robbery of digital territory, American imperialism, corporate destruction and bulldozing in the way of the 19th century.” (Wishart & Boschler: 237) RTMark set up a campaign fund for toywar, managed by Survival Research Laboratories’ Mark Pauline. The RTMark press release promised a “new internet ‘game’ designed to destroy eToys.com.” (Wishart & Boschler: 239) The RTMark press release grabbed the attention of the Associated Press newswire. The eToys.com share price actually rose on December 13th. Goldman Sachs’ e-commerce analyst Anthony Noto argued that the previous declines in the Etoys share price made it a good buy. Goldman Sachs was the lead underwriter of the eToys IPO. Noto’s writings may have been nothing more than the usual ‘IPOetry’ of the time, but the crash of the internet bubble was some months away yet. The RTMark campaign was called ‘The Twelve Days of Christmas’. It used the Floodnet technique that Ricardo Dominguez used in support of the Zapatistas. As Dominguez said, “this hysterical power-play perfectly demonstrates the intensions of the new net elite; to turn the World Wide Web into their own private home-shopping network.” (Wishart & Boschler: 242) The Floodnet attack may have slowed the eToys.com server down a bit, but it was robust and didn’t crash. Ironically, it ran on open source software. Dominguez claims that the ‘Twelve Days’ campaign, which relied on individuals manually launching Floodnet from their own computers, was not designed to destroy the eToys site, but to make a protest felt. “We had a single-bullet script that could have taken down eToys – a tactical nuke, if you will. But we felt this script did not represent the presence of a global group of people gathered to bear witness to a wrong.” (Wishart & Boschler: 245) While the eToys engineers did what they could to keep the site going, eToys also approached universities and businesses whose systems were being used to host Floodnet attacks. The Thing, which hosted Dominguez’s eToys Floodnet site was taken offline by The Thing’s ISP, Verio. After taking down the Floodnet scripts, The Thing was back up, restoring service to the 200 odd websites that The Thing hosted besides the offending Floodnet site. About 200 people gathered on December 20th at a demonstration against eToys outside the Museum of Modern Art. Among the crowd were Santas bearing signs that said ‘Coal for eToys’. The rally, inside the Museum, was led by the Reverend Billy of the Church of Stop Shopping: “We are drowning in a sea of identical details”, he said. (Wishart & Boschler: 249-250) Meanwhile etoy worked on the Toywar Platform, an online agitpop theater spectacle, in which participants could act as soldiers in the toywar. This would take some time to complete – ironically the dispute threatened to end before this last etoy artwork was ready, giving etoy further incentives to keep the dispute alive. The etoy agents had a new lawyer, Chris Truax, who was attracted to the case by the publicity it was generating. Through Truax, etoy offered to sell the etoy domain and trademark for $3.7 million. This may sound like an insane sum, but to put it in perspective, the business.com site changed hands for $7.5 million around this time. On December 29th, Wessel signaled that eToys was prepared to compromise. The problem was, the Toywar Platform was not quite ready, so etoy did what it could to drag out the negotiations. The site went live just before the scheduled court hearings, January 10th 2000. “TOYWAR.com is a place where all servers and all involved people melt and build a living system. In our eyes it is the best way to express and document what’s going on at the moment: people start to about new ways to fight for their ideas, their lifestyle, contemporary culture and power relations.” (Wishart & Boschler: 263) Meanwhile, in a California courtroom, Truax demanded that Network Solutions restore the etoy domain, that eToys pay the etoy legal expenses, and that the case be dropped without prejudice. No settlement was reached. Negotiations dragged on for another two weeks, with the etoy agents’ attention somewhat divided between two horizons – art and law. The dispute was settled on 25th January. Both parties dismissed their complaints without prejudice. The eToys company would pay the etoy artists $40,000 for legal costs, and contact Network Solutions to reinstate the etoy domain. “It was a pleasure doing business with one of the biggest e-commerce giants in the world” ran the etoy press release. (Wishart & Boschler: 265) That would make a charming end to the story. But what goes around comes around. Brainhard, still pissed off with Zai after leaving the group in San Francisco, filed for the etoy trademark in Austria. After that the internal etoy wranglings just gets boring. But it was fun while it lasted. What etoy grasped intuitively was the nexus between the internet as a cultural space and the transformation of the commodity economy in a yet-more abstract direction – its becoming-vectoral. They zeroed in on the heart of the new era of conceptual business – the brand. As Wittgenstein says of language, what gives words meaning is other words, so too for brands. What gives brands meaning is other brands. There is a syntax for brands as there is for words. What etoy discovered is how to insert a new brand into that syntax. The place of eToys as a brand depended on their business competition with other brands – with Toys ‘R’ Us, for example. For etoy, the syntax they discovered for relating their brand to another one was a legal opposition. What made etoy interesting was their lack of moral posturing. Their abandonment of leftist rhetorics opened them up to exploring the territory where media and business meet, but it also made them vulnerable to being consumed by the very dialectic that created the possibility of staging etoy in the first place. By abandoning obsolete political strategies, they discovered a media tactic, which collapsed for want of a new strategy, for the new vectoral terrain on which we find ourselves. Works Cited Negri, Antonio. Time for Revolution. Continuum, London, 2003. Warhol, Andy. From A to B and Back Again. Picador, New York, 1984. Stalder, Felix. ‘Fences in Cyberspace: Recent events in the battle over domain names’. 19 Jun 2003. <http://felix.openflows.org/html/fences.php>. Wark, McKenzie. ‘A Hacker Manifesto [version 4.0]’ 19 Jun 2003. http://subsol.c3.hu/subsol_2/contributors0/warktext.html. Klein, Naomi. No Logo. Harper Collins, London, 2000. Wishart, Adam & Regula Bochsler. Leaving Reality Behind: etoy vs eToys.com & Other Battles to Control Cyberspace Ecco Books, 2003. Staehle, Wolfgang. ‘<nettime> etoy.com shut down by US court.’ 19 Jun 2003. http://amsterdam.nettime.org/Lists-Archives/nettime-l-9912/msg00005.html Links http://amsterdam.nettime.org/Lists-Archives/nettime-l-9912/msg00005.htm http://felix.openflows.org/html/fences.html http://subsol.c3.hu/subsol_2/contributors0/warktext.html Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Wark, McKenzie. "Toywars" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0306/02-toywars.php>. APA Style Wark, M. (2003, Jun 19). Toywars. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0306/02-toywars.php>
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