Extent Of Compensation Research Articles

The Limits of Recompense in the Contractual Liability in Jordanian Civil Law

Objective: In the initial portion, the researcher examined the notion of the contract as a foundation for contractual liability, elucidating the principle of the parties' intention and the position of the Jordanian Civil Law on it, as well as the prerequisites and fundamental elements of contractual liability. Theoretical Framework: In the second segment, I examined the evaluation of compensation in contractual liability through the employment of penalty clauses, as well as the legal characteristics of penalty clauses according to Jordanian Civil Law. The third segment examined the boundaries of compensation in contractual liability, specifically addressing the scope of damages in the initial claim and the criteria for determining damages in a subsequent claim. According to Article 363 of the Jordanian Civil Law, in cases of contractual liability, the debtor is responsible for compensating only the direct damages that were reasonably foreseeable at the time of contracting. However, if the debtor has committed fraud or a serious error, they may be held liable for additional damages. Method: the researcher has dealt with these concerns by referring to Articles 360-364 of the Jordanian Civil Law, which establish that a contract is regarded as a legal agreement between the parties involved, determining its enforceability. Results and Discussion: In the conclusion, I presented a comprehensive overview of the research, which covered the topics of contractual liability in Jordanian Civil Law, the definition and types of compensation, judicial interpretations regarding the extent of compensation, and important findings and recommendations for Jordanian lawmakers to take into account. Research Implications: That all legislation considers damages as a prerequisite for the accrual of compensation in contractual liability. However, it is argued that compensation under contractual liability should not be awarded on the basis of the damage caused to the debtor. The relationship between the parties is contractual, and the right to compensation arises for the breach of this relationship without waiting for any damage incurred by the debtor, and the Jordanian civil code, in Article 364, grants the judge the authority to amend the penal clause by increasing or decreasing it, therefore he is not bound by the principle of the will of the parties. It should be noted that the Jordanian civil code, in Article 363, limits compensation to direct damages that were foreseen only at the time of the conclusion of the contract, without specifying the criterion that the court uses in assessing whether the damage was foreseen or unforeseen. Originality/Value: This research focused on the extent of compensation in contractual liability.

Compensatory hydraulic uptake of water by tomato due to variable root‐zone salinity

AbstractPlant root systems are exposed to spatial and temporal heterogeneity regarding water availability. In the long‐term, compensation, increased uptake by roots in areas with favorable conditions in response to decreased uptake in areas under stress, is driven by root growth and distribution. In the short‐term (hours–days), compensative processes are less understood. We hypothesized hydraulic compensation where local lowered water availability is accompanied by increased uptake from areas where water remains available. Our objective was to quantify instantaneous hydraulic root uptake under conditions of differential water availability. Tomato (Solanum lycopersicum L.) plants were grown in split‐root weighing‐drainage lysimeters in which each half of the roots could alternatively be exposed to short‐term conditions of salinity. Uptake was quantified from each of the two root zone compartments. One‐sided exposure to salinity immediately led to less uptake from the salt‐affected compartment and increased uptake from the nontreated compartment. Compensation occurred at salinity, caused by NaCl solution of 4 dS m−1, that did not decrease uptake in plants with entire root systems exposed. At higher salinity, 6.44 dS m−1, transpiration decreased by ∼50% when the total root system was exposed. When only half of the roots were exposed, total uptake was maintained at levels of nonstressed plants with as much as 85% occurring from the nontreated compartment. The extent of compensation was not absolute and apparently a function of salinity, atmospheric demand, and duration of exposure. As long as there is no hydraulic restriction in other areas, temporary reduction in water availability in some parts of a tomato's root zone will not affect plant‐scale transpiration.

Nicotine Dependence, Nicotine Metabolism, and the Extent of Compensation in Response to Reduced Nicotine Content Cigarettes.

The Food and Drug Administration has the authority to regulate tobacco product constituents, including nicotine, to promote public health. Reducing the nicotine content in cigarettes may lead to lower levels of addiction. Smokers however may compensate by smoking more cigarettes and/or smoking more intensely. The objective of this study was to test whether individual differences in the level of nicotine dependence (as measured by the Fagerstrom Test of Cigarette Dependence [FTCD]) and/or the rate of nicotine metabolism influence smoking behavior and exposure to tobacco toxicants when smokers are switched to reduced nicotine content cigarettes (RNC). Data from 51 participants from a previously published clinical trial of RNC were analyzed. Nicotine content of cigarettes was progressively reduced over 6 months and measures of smoking behavior, as well as nicotine metabolites and tobacco smoke toxicant exposure, CYP2A6 and nicotinic CHRNA5-A3-B4 (rs1051730) genotype were measured. Higher baseline FTCD predicted smoking more cigarettes per day (CPD), higher cotinine and smoke toxicant levels while smoking RNC throughout the study, with no interaction by RNC level. Time to first cigarette (TFC) was associated with differences in compensation. TFC within 10 min was associated with a greater increase in CPD compared to TFC greater than 10 min. Neither rate of nicotine metabolism, nor CYP2A6 or nicotinic receptor genotype, had an effect on the outcome variables of interest. FTCD is associated with overall exposure to nicotine and other constituents of tobacco smoke, while a short TFC is associated with an increased compensatory response after switching to RNC.

Smoking behaviour and compensation: A review of the literature with meta-analysis

The extent of compensation when switching to lower yield cigarettes is important for assessing risk of reduced yield products. Both completeness of and reasons for compensation are judged differently in the scientific and health community. We quantified compensation in a meta-analysis of suitable cross-sectional and brand-switching studies. For each dataset, we derived a compensation index (CI), 1 indicating complete and 0 no compensation. Meta-analyses provided overall estimates. We also reviewed evidence on compensation for nicotine and other factors. The unweighted mean CI (95% confidence interval) was 0.628 (0.513 to 0.742) from 38 estimates from 26 cross-sectional studies, and 0.723 (0.651 to 0.796) from 23 estimates from 19 brand-switching studies. Inverse-variance weighted estimates were 0.781 (0.720 to 0.842) and 0.744 (0.682 to 0.806). Brand-switching data indicate smokers compensate more completely over a narrower yield range. Smokers predominantly compensate by changing puffing volume, and little by changing cigarette consumption. The findings support compensation for nicotine, but other factors may also be relevant. Further investigation is needed using larger studies and different approaches to elucidate their role. We conclude that smokers switching to lower-yield cigarettes only partially compensate. Pharmacological nicotine effects are important, but other factors, including cigarette draw resistance, sensory effects of nicotine and conditioned stimuli may also contribute.

Thermoelectric Properties of Bi2Te2Se Compensated by Native Defects and Sn Doping

In Bi2Te2Se the defect chemistry involves native defects that compete such that they can either exchange dominance or else significantly compensate each other. Here we show how the net carrier concentration, n − p, which depends on the relative amounts of these defects and is readily obtained from Hall data, can be used as a fundamental materials parameter to describe the varied behavior of the thermoelectric properties as a function of compensation. We report the effects of tuning this parameter over multiple orders of magnitude by hole-doping the n-type material Bi2Te2Se0.995, which is already significantly compensated because of its Se deficiency. Crystals with different levels of hole doping were achieved by two separate approaches, namely by selecting pieces from different locations in an undoped crystal in which a systematic carrier concentration gradient had been induced by its growth conditions, and alternatively by doping with Sn for Bi. The thermoelectric power factors for Bi2−xSnxTe2Se0.995 for x = 0, 0.002, 0.005, 0.010, and 0.040 are reported, and the dependence of the transport properties on the extent of compensation is discussed.

Board of directors' independence and executive compensation disclosure transparency

PurposeThis paper aims to investigate the relationship between board of directors' independence and executive compensation disclosures transparency.Design/methodology/approachThe paper examines compensation disclosure practices of a sample of 181 firms listed on the Toronto Stock Exchange. Board independence from management is assessed through an aggregate score which takes into account the proportion of independent directors, board leadership structure (i.e. CEO is the board chairperson), and the existence and independence of board committees. A cross‐sectional regression analysis is used to examine the relationship between board independence and the extent of compensation disclosure.FindingsThe paper finds that board independence from management is positively related to the transparency of executive compensation‐related information. In addition, this study documents a positive (negative) relation between firm size, US cross‐listing, growth opportunities (leverage) and the extent of executive compensation disclosure.Research limitations/implicationsThe study's results provide support to the managerial opportunism hypothesis in executive compensation. These findings highlight the importance of the board of directors as an effective governance mechanism which limits managerial rent‐seeking in the design as well as the disclosure of executive compensation practices.Originality/valueThis paper extends prior disclosure studies by examining the impact of board characteristics on the transparency of executive compensation disclosures in a principles‐based governance regime. Furthermore, executive compensation disclosure provides an interesting setting in which to examine the ability of the directors to act independently from managers in a conflict of interests situation.

Compensation for Avian Influenza Cleanup

To the Editor: Since 2003, highly pathogenic avian influenza (HPAI) H5N1 has shaken the world. In 10 countries, 258 confirmed cases in humans and 154 deaths have been reported (1). The number of countries with confirmed HPAI in poultry and wild birds jumps to 54 (2). Almost all persons infected with H5N1 have had close contact with sick or dead poultry by having butchered them, plucked them, or played (children) with them (3). Because H5N1 can potentially mutate or reassort into a strain capable of efficient human-to-human transmission, rapid elimination of the H5N1 virus in poultry and other risk-reduction interventions are thought to be essential for preventing further spread of HPAI (4). As a result, thousands of workers around the world have culled millions of domestic poultry (5). Preemptive culling creates a major concern with regard to compensation. In Nigeria, for example, affected farmers have yet to be compensated >50 million Nigerian Naira (>US$ 0.4 million) because of the ministry’s cash flow problems (6). On the other hand, US poultry farmers who participate in a US Department of Agriculture (USDA) program to prevent the spread of disease would be fully compensated for loss of poultry and equipment if even a low-pathogenic strain of avian influenza were found in the United States (7). This rule not only strengthens US protection against avian influenza but also minimizes any negative effect on the US poultry trade. As discussed by the World Bank (8), the situations of these 2 countries raise several questions: Who should pay the compensation? For what should compensation be paid? Who should be compensated? With regard to the first question, each country’s government is an exclusive funding source. However, in Nigeria, the amount of compensation overwhelms the government’s capacity. Some countries, like Australia, may get additional funding from alternative sources such as private sectors, regional economic groups, or international funds (9). Because national resources are often scarce, most developing countries must rely on international donors for a great deal of the funding for compensation programs. The response to the second question, extent of compensation, varies. In Nigeria, farmers are partially compensated for loss of poultry; however, in the United States, farmers who are part of the USDA program are fully compensated for loss of poultry and equipment. Setting the amount of compensation is difficult and can affect the outcome of culling efforts. In Thailand, to take advantage of the program in which compensation was perceived as high, some farmers reportedly moved infected poultry into previously uninfected areas. In Vietnam, where compensation was perceived as low, culling compliance was poor (8). The last question, who should be compensated, seems straightforward for the United States, where only farmers who participate in the USDA program would be fully compensated. However, H5N1 does not affect only farmers who sign up for such a program. And not all poultry are raised in commercial operations, especially in developing countries. In Thailand, for example, >80% of infected poultry are reportedly raised in backyards (10). Reasonable assumptions are that those backyard farmers do not honestly report dying poultry or that they rush sick and dying poultry to market, causing the disease to spread. Additional questions revolve around potential compensation for those who are involved in the poultry industry but who do not own poultry (e.g., poultry processing plant operators and their staff). Because each country’s needs and circumstances differ, building a coherent plan for tackling HPAI is difficult. However, each stakeholder should consider compensation as part of an overall package of prevention, preparedness, and response strategies toward controlling and preventing the spread of HPAI. Because H5N1 does not respect international boundaries, donors worldwide should step forward to support the most affected and vulnerable developing countries.

A review of the effectiveness of aspartame in helping with weight control

†‡ Summary Strategies to reverse the upward trend in obesity rates need to focus on both reducing energy intake and increasing energy expenditure. The provision of low- or reduced-energy-dense foods is one way of helping people to reduce their energy intake and so enable weight maintenance or weight loss to occur. The use of intense sweeteners as a substitute for sucrose potentially offers one way of helping people to reduce the energy density of their diet without any loss of palatability. This report reviews the evidence for the effect of aspartame on weight loss, weight maintenance and energy intakes in adults and addresses the question of how much energy is compensated for and whether the use of aspartame-sweetened foods and drinks is an effective way to lose weight. All studies which examined the effect of substituting sugar with either aspartame alone or aspartame in combination with other intense sweeteners on energy intake or bodyweight were identified. Studies which were not randomised controlled trials in healthy adults and which did not measure energy intakes for at least 24 h (for those with energy intakes as an outcome measure) were excluded from the analysis. A minimum of 24-h energy intake data was set as the cut-off to ensure that the full extent of any compensatory effects was seen. A total of 16 studies were included in the analysis. Of these 16 studies, 15 had energy intake as an outcome measure. The studies which used soft drinks as the vehicle for aspartame used between 500 and about 2000 ml which is equivalent to about two to six cans or bottles of soft drinks every day. A significant reduction in energy intakes was seen with aspartame compared with all types of control except when aspartame was compared with non-sucrose controls such as water. The most relevant comparisons are the parallel design studies which compare the effects of aspartame with sucrose. These had an overall effect size of 0.4 standardised difference (SD). This corresponds to a mean reduction of about 10% of energy intake. At an average energy intake of 9.3 MJ/day (average of adult men and women aged 19‐50 years) this is a deficit of 0.93 MJ/day (222 kcal/ day or 1560 kcal/week), which would be predicted (using an energy value for obese

Modelling an exploited marine fish community with 15 parameters – results from a simple size-based model

AbstractTo measure and predict the response of fish communities to exploitation, it is necessary to understand how the direct and indirect effects of fishing interact. Because fishing and predation are size-selective processes, the potential response can be explored with size-based models. We use a simulation approach to describe the relationship between size spectrum slope and overall fishing mortality and to try to understand how a linear spectrum might be maintained. The model uses 15 parameters to describe a 13-“species” fish community, where species are defined by their maximum body size and the general relationship between size and life-history characteristics. The simulations allow us to assess the role of changes in the strength and type of density dependence in controlling the response to fishing, and to investigate the trade-off between catches and stock status of the different species. The outputs showed that the linear slope of the size spectrum was a function of community exploitation rate. Density-dependent controls, specifically predation mortality and the extent of compensation in the stock-recruit relationship, were key mechanisms in maintaining a linear spectrum. A linear spectrum emerged independent of the rate of compensation in the stock-recruit relationship. When this rate was low, the effects of changes in fishing mortality on predator abundance dominated those on spawning-stock biomass, whereas the dominance was reversed when the compensation rate in the stock-recruit relationship was high. The approach allows us to explore the effects of different fishing mortality schedules on properties of the fish community, to assess how fishing affects species with different life histories in mixed fisheries, and to assess the effects of selectively fishing different size classes. The simulations indicate that the size classes to be included when developing and interpreting size-based metrics must be carefully considered in relation to the trophic structure and likely strength of predatory interactions in the community. Runs with different fishing mortality by size suggest that the dynamics of predation cannot compensate fully for changing rates and patterns of exploitation, implying that the effects of selectively fishing different size classes should be assessed on a case-by-case basis.

Substitutional and interstitial oxygen in wurtzite GaN

Density-functional theory was used to compute energy-minimum configurations and formation energies of substitutional and interstitial oxygen (O) in wurtzite GaN. The results indicate that O substituted at a N site (ON) acts as a single donor with the ionized state (ON+1) being the most stable O state in p-type GaN. In n-type GaN, interstitial O (OI) is predicted to be a double acceptor and O substituted at a Ga site (OGa) is predicted to be a triple acceptor. The formation energies of these two species are comparable to that of ON in n-type GaN and, as such, they should form and compensate the ON donors. The extent of compensation was estimated for both Ga-rich and N-rich conditions with a total O concentration of 1017cm−3. Ga-rich conditions yielded negligible compensation and an ON concentration in excess of 9.9×1016cm−3. N-rich conditions yielded a 25% lower ON concentration, due to the increased stability of OI and OGa relative to ON, and moderate compensation. These findings are consistent with experimental results indicating that O acts as a donor in GaN(O). Complexes of ON with the Mg acceptor and OI with the Si donor were examined. Binding energies for charge-conserving reactions were ⩾0.5eV, indicating that these complexes can exist in equilibrium at room temperature. Complexes of ON with the Ga vacancy in n-type GaN were also examined and their binding energies were 1.2 and 1.4eV, indicating that appreciable concentrations can exist in equilibrium even at elevated temperatures.

Sensorimotor adaptation to acoustic perturbations in vowel formants

The goal of this research is to study the auditory component of feedback control in speech production. This experiment investigates auditory sensorimotor adaptation (SA) as it relates to speech production: the process by which speakers alter their speech production in order to compensate for perturbations of their normal auditory feedback. Specifically, the first formant frequency (F1) was shifted in the auditory feedback heard by naive adult subjects as they produced vowels in single syllable words. Initial results indicate that subjects demonstrate compensatory formant shifts in their speech. This compensation was also present after training when acoustic feedback was masked by noise. This suggests that internal models used in the control of speech movements can be constantly updated by auditory feedback. These results in voiced speech are consistent with results from Houde and Jordan [Science 279, 1213–1216 (1998)], which demonstrated SA in whispered speech. A second study, currently underway, investigates perceptual discrimination of vowel stimuli differing in F1 frequency, using the same subjects as in the SA studies. Cross-subject relations between discrimination scores and extent of compensation will be presented and discussed. [Work supported by NIDCD Grant R01-DC01925.]

Analysis of Impairment Related Functional Architecture in MS Patients during Performance of Different Attention Tasks

More than 50 % of patients with multiple sclerosis (MS) suffer from cognitive deficits. Attention is one of the most frequently affected cognitive functions. It has been shown that MS patients suffer from a specific but not necessarily from a generalized decrease in performance and that different severity grades of impaired attentional processing can be distinguished. Little is known about patterns of brain activation in MS patients with different grades of attentional deficits. The objective was to examine if different severity grades in attentional impairment are reflected by altered patterns of brain activation in specific attention tasks. In the present study cerebral activation induced by three attention tasks of different complexity was assessed in 14 MS patients and seven healthy controls by functional MRI (fMRI). Based on their performance on the tests recorded off-line with a computerized test battery and during the fMRI investigation, patients were classified as mildly and severely impaired. MS patients with mild impairment showed increased and additional activation of brain areas which were in part not activated in normal subjects. Those were located mainly in the frontal cortex and posterior parietal cortex. This effect decreased with increasing task complexity and was strongest for the alertness task. In MS patients with severe impairment no additional activation was found in prefrontal structures and activation in the premotor cortex was not significantly different from controls. These findings suggest that compensation in MS patients is in part achieved by functional integration of frontal and parietal association areas. The extent of compensation seems to depend on the brain's capacity to access additional brain structures. Exhaustion of this capacity may finally lead to severe cognitive impairment.

Jury Decisions and Awards in Personal Injury Lawsuits Involving Foodborne Pathogens

A study of food poisoning jury verdicts in 32 states (1988–1997) revealed that plaintiffs won awards in food poisoning jury trials 31% of the time, and received a median award of $25,560. Multivariate analyses were performed to examine the effects of various factors on food poisoning jury verdicts and on the size of the award. The odds of a plaintiff victory increased if a foodborne pathogen or illness was specified, and decreased if defendants had “deep pockets”or used medical expert testimony. Illnesses involving hospitalization, death, or chronic complications received higher awards than other illnesses.

Compensation for Taking of Natural Resource Interests: Principles and Practices in Recent Queensland Cases

Designation of new protected areas, introduction of new environmental regulations and resumption of land for infrastructure development lead to expropriation of natural resources or limitations on private property rights. ‘Takings’ by government may be justified when the social gain exceeds the private loss. Important issues then arise as to compensation policy. This article examines economic aspects of takings and limitations of property rights to natural resources. Compensation decisions by government with respect to three case studies in Queensland are reviewed. The nature and extent of compensation varied widely in these cases, and lack of clearly enunciated policies by government is apparent. It is probably impractical for government to set out clear guidelines to compensation for the takings of resources interests, although some reduction in uncertainty appear to be desirable.

Fabrication and I-V-T behaviour of GaInP : structures

The n-GaAs : S SI-GaInP : Fe n-GaAs(substrate) structures with various Fe concentrations in the SI (semi-insulating) GaInP : Fe layer have been fabricated by hydride vapour-phase epitaxy and their I - V curves studied at temperatures up to 473 K. Certain amount of diffusion of Fe into the GaAs substrate and accumulation of Fe at the interface are related to the nature of the incorporated Fe. The I - V behaviour is different different depending upon the Fe concentration. The conductivity derived from the I - V curves exhibits a minimum at a certain concentration of Fe at which the compensation is maximum. It is suggested that Fe is mostly site-incorporated and interstitially located in the low concentration regime and mostly in the form of FeP precipitates in the high concentration regime and a mixture of two in the intermediate regime. At low voltages, the activation energy calculated from the current density versus 1 T curves yields the Fe level in the band gap corresponding to the value previously cited in the literature. Frenkel-Poole effect is found to be operative at certain high field regions. Conductivity at T → ∞ for various Fe concentrations has been derived and found to follow the same trend as that has been observed at the experimental temperatures. The extent of compensation in the considered samples also gets reflected in the slope of the I - V curve in the trap-filled-regime.

Hair cell regeneration and recovery of the vestibuloocular reflex in the avian vestibular system.

1. Although auditory and vestibular hair cells are known to regenerate after aminoglycoside intoxication in birds, there is only sparse evidence that the regenerated hair cells are functional. To address this issue, we examined the relation of hair cell regeneration to recovery of the vestibuloocular reflex (VOR), whose afferent signal originates at hair cells in the vestibular epithelium. Hair cell damage was produced by treating white Leghorn chicks (Gallus domesticus, 4-8 days posthatch) with streptomycin sulfate in normal saline (1,200 mg.kg-1.day-1 im) for 5 days. 2. In the 1st wk after treatment, the VOR gain was essentially 0, and hair cell density as assessed by light microscopy was approximately 40% of normal. Between the 1st and 3rd wk after treatment, the VOR was present. Although VOR gain varied considerably from one chick to another, it increased, on average, between the 1st and 3rd wk, as did the average hair cell density. At the end of 8-9 wk, the gain and phase of the VOR had returned to normal values, as had the average density of hair cells. 3. Therefore, despite the catastrophic initial effect of hair cell loss on the VOR, recovered hair cells appeared to restore the VOR completely. Average hair cell density increased with average VOR gain. VOR gain correlated better with recovery of type 1 hair cells than with recovery of type II hair cells. 4. In contrast to hair cell density, the appearance of the vestibular epithelia as assessed by hair cell stereocilia in scanning electron micrographs was a poor indicator of VOR gain. In both treated and control birds, epithelia with the same appearance could have quite different VOR gains, suggesting a variation in the functional viability of the hair cells. 5. This observation suggests that several factors, such as the repair of stereocilia, the efficacy of hair cell synapses on afferent fibers, and the extent of compensation by central vestibular pathways, may affect the recovery of VOR gain. However, our data suggest that hair cell regeneration plays an important role in this recovery.

Vestibular compensation in the horizontal vestibulo-ocular reflex of the goldfish

Vestibular compensation is the process whereby vestibular system function is restored following unilateral removal of the vestibular receptors (hemilabyrinthectomy). Vestibular compensation was studied in the horizontal vestibulo-ocular reflex (VOR) of the goldfish. Spontaneous VOR (spontaneous nystagmus) was not observed in the goldfish following recovery from the surgery for hemilabyrinthectomy (a period of about 30 min). However, hemilabyrinthectomy resulted in an acute decrease in the gain of the horizontal VOR to approx. 50% of normal, and an increase in phase lead for mid-range frequencies (0.05 to 0.5 Hz). After 1 week of compensation, VOR gain had increased toward normal, and phase lead had returned to normal levels for mid-range frequencies, but increased above normal at low frequencies. After 1 month of compensation, horizontal VOR gain had recovered its normal value for head rotational velocity up to 60 deg/s, but it appeared to saturate for higher head velocity, and phase lead had decreased to normal, and even slightly below normal, at low frequencies. The results suggest that the goldfish is capable of almost completely recovering both the gain and phase of the horizontal VOR following 1 month of compensation for hemilabyrinthectomy. The extent of compensation in the horizontal VOR of the goldfish is greater than that which has been reported for mammals.

Interactive Effects of Extent and Timing of Defoliation, and Nutrient Supply on Reproduction in a Chemically Protected Annual Senecio vulgaris

This paper tests the proposition that the potential for regrowth in a herb after defoliation is likely to be large even in species with well-developed chemical defence, and unlikely to be dependent on a high root/shoot ratio, and also tests the degree to which various factors affect the extent of compensation. The response to simulated herbivory was studied in the annual Senecio vulgaris in a ten-week glasshouse experiment during summer. The following factors were considered : extent of defoliation(0, 25, 50, and 75% of leaf area), availability of mineral nutrients (three levels), timing of defoliation (two stages) and age of tissue removed (young vs old leaves) (...)

Remedies and Effective Judicial Protection in community Law

One has to admire the tenacity of Miss Marshall. Some thirteen years after an Industrial Tribunal took an imaginative and bold decision, declaring that Article 5(1) of the Equal Treatment Directive (ETD)’ was capable of creating direct effect between the applicant and her employer, Miss Marshall is still battling to receive adequate compensation for her discriminatory dismissal. Following the judgment of the Court of Justice,2 confirming the Industrial Tribunal’s decision, the Court of Appeal remitted the case back to the Industrial Tribunal in order to determine the amount of compensation. The employers had paid Miss Marshall the maximum amount of compensation under section 65(2) of the Sex Discrimination Act 1975 (SDA) a sum of f6,250.3 The Industrial Tribunal awarded Miss Marshall a much higher sum o f f 19,405, including f7,710 interest and f 1 ,OOO in respect of injury to feelings. The employer paid a further fS,445 and appealed against the award of f7,710 in respect of interest. The appeal was upheld by the Employment Appeal Tribunal. Representing herself, Miss Marshall was unsuccessful before the Court of Appeal: where it was held that she was not entitled to rely upon Article 6 ETDs as having direct effect in order to set aside the upper limit on the amount of compensation laid down by section 65 SDA 1975. On appeal to the House of Lords, three questions were referred to the Court of Justice under Article 177 EC. These concerned the legality of the upper limit for compensation, the extent of compensation required, including interest, and the direct effect of Article 6 ETD. The intervening period between the initial Industrial Tribunal ruling and the Marshall (No 2) ruling, while frustrating in terms of individual redress, was beneficial in jurisprudential terms. During that time, the Court developed a strong theme of effective judicial protection, taking the reach of EC law into the

Post-flowering forage potential of spring and winter cereal mixtures

Forage quality of small grain cereals harvested after flowering affects animal performance adversely. The feasibility of using mixtures (MX) of spring-planted winter cereals with spring cereals to improve forage quality at the late milk stage of the spring cereal was investigated at Lacombe and Brooks, Alberta during 1987 and 1988. Spring monocrops (SMC) of oats (Avena sativa L.) and barley (Hordeum vulgare L.) and winter monocrops (WMC) of wheat (Triticum aestivum L.) and winter triticale (× Triticosecale Wittmack) were compared with binary MX of spring and winter combinations using a randomized complete block design. Dry matter (DM) yield and concentrations of in vitro digestible organic matter (IVDOM), crude protein, neutral detergent fibre (NDF), acid detergent fibre (ADF) and lignin were determined. Dry matter yields of MX as a percent of their SMC counterparts ranged from 84 to 99% at Lacombe and from 82 to 113% at Brooks; no crop combination was consistently superior. For forage quality the cropping systems ranked WMC > MX > SMC. The effects of winter wheat and triticale on forage quality in the MX were similar. However, MX containing barley generally had higher IVDOM and lower NDF, ADF and lignin concentrations than those containing oats. At Lacombe and Brooks, IVDOM and crude protein concentrations of the MX were increased by 6.5 and 7.2% and by 21.2 and 23.6%, respectively, while NDF, ADF and lignin concentrations were decreased by 6.7 and 6.5%, 9.9 and 7.5%, 10.9 and 20.4%, respectively, compared with the SMC group. While the extent of compensation is not known the improved forage quality of the MX should partially offset the slight reduction in DM yield compared to the SMC.Key words: Forage potential, forage quality, mixtures, spring cereals, winter cereals