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Статья посвящена общим вопросам регулирования программ комплаенса в Германии и их влиянию на уголовную и административную ответственность. Авторы начинают с общего обзора практики регулирования комплаенса в Германии и внедрения его в жизнь. Далее ими раскрывается значимость программ комплаенса для избежания уголовной ответственности в бизнес-среде. Особое внимание уделяется такому явлению, как несение уголовной ответственности уже вследствие внедрения программ комплаенса самого по себе. Авторы называют это явление самовоспроизводимым риском ответственности, возникающим ввиду чрезмерно детального регулирования допустимого и запрещенного поведения. Статья завершается обзором административной ответственности юридических лиц за нарушения, связанные с комплаенс-сферой.
In 2015, German Chancellor Angela Merkel decided to allow over a million asylum seekers to cross the border into Germany. One key concern was that her decision would signal an open-door policy to aspiring migrants worldwide – thus further increasing migration to Germany and making the country permanently more attractive to irregular and humanitarian migrants. This ‘pull-effect’ hypothesis has been a mainstay of policy discussions ever since. With the continued global rise in forced displacement, not appearing welcoming to migrants has become a guiding principle for the asylum policy of many large receiving countries. In this article, we exploit the unique case study that Merkel's 2015 decision provides for answering the fundamental question of whether welcoming migration policies have sustained effects on migration towards destination countries. We analyze an extensive range of data on migration inflows, migration aspirations and online search interest between 2000 and 2020. The results reject the ‘pull effect’ hypothesis while reaffirming states’ capacity to adapt to changing contexts and regulate migration.
This article analyses the institutional design variants of local crisis governance responses to the COVID-19 pandemic and their entanglement with other locally impactful crises from a cross-country comparative perspective (France, Germany, Poland, Sweden, and the UK/England). The pandemic offers an excellent empirical lens for scrutinizing the phenomenon of polycrises governance because it occurred while European countries were struggling with the impacts of several prior, ongoing, or newly arrived crises. Our major focus is on institutional design variants of crisis governance (dependent variable) and the influence of different administrative cultures on it (independent variable). Furthermore, we analyze the entanglement and interaction of institutional responses to other (previous or parallel) crises (polycrisis dynamics). Our findings reveal a huge variance of institutional designs, largely evoked by country-specific administrative cultures and profiles. The degree of de-/centralization and the intensity of coordination or decoupling across levels of government differs significantly by country. Simultaneously, all countries were affected by interrelated and entangled crises, resulting in various patterns of polycrisis dynamics. While policy failures and “fatal remedies” from previous crises have partially impaired the resilience and crisis preparedness of local governments, we have also found some learning effects from previous crises.
Soziales Vertragsrecht
(2023)
The motion picture industry is subject to extensive business and management research conducted on a wide range of topics. Due to high research productivity, it is challenging to keep track of the abundance of publications. Against this background, we employ a bibliographic coupling analysis to gain a comprehensive understanding of current research topics. The following themes were defined: Key factors for success, word of mouth and social media, organizational and pedagogical dimensions, advertising—product placement and online marketing, tourism, the influence of data, the influence of culture, revenue maximization and purchase decisions, and the perception and identification of audiences. Based on the cluster analysis, we suggest the following future research opportunities: Exploring technological innovations, especially the influence of social media and streaming platforms in the film industry; the in-depth analysis of the use of artificial intelligence in film production, both in terms of its creative potential and ethical and legal challenges; the exploration of the representation of wokeness and minorities in films and their cultural and economic significance; and, finally, a detailed examination of the long-term effects of the COVID-19 pandemic and other crises on the film industry, especially in terms of changed consumption habits and structural adjustments.
We investigate the variation in oral and written language in terms of anaphoric distance (i.e., the textual distance between anaphors and their antecedents), expanding corpus-based research with experimental evidence.
Contrastive corpus studies demonstrate that oral genres include longer average anaphoric distance than written genres, if the distance is measured in terms of clauses (Fox, 1987; Aktas & Stede, 2020).
We designed an experiment in order to examine the contrasts in oral and written mediums, using the same genre.
We aim to gain more insight about the impact of the medium, in a situation where both mediums convey a similar level of spontaneity, informality and interactivity. We designed a story continuation study, where the participants are recruited via crowdsourcing.
To our knowledge, this is the first study of its kind, where anaphoric distance is manipulated systematically in a language production experiment in order to examine medium distinctions.
We observed that participants use more pronouns in oral medium than in written medium if the anaphoric distance is long.
This result is in line with the implications of the earlier corpus-based research. In addition, our results indicate that anaphoric distance has a larger effect in referential choice for the written medium.
After the Second World War, Adolf Hitler and Benito Mussolini were singled out as evil geniuses who misled the masses and plunged them into an “unwanted war.”
In relation to their armed forces, this narrative argued that the generals under their command had been demoted to powerless tools in the hands of the dictators, having to follow orders and with no sway over decision-making.
It was further asserted that Germany and Italy had not been able to secure a victory due to the dictators’ meddling. Yet, as this chapter shows, there are important differences between the German and Italian cases.
The chapter compares both the command structures in which the dictators operated as well as their grand strategies and how they cooperated during the war.
Their personal relationship will be also analyzed, as it is impossible to look at the Axis without understanding the complex personal relationship at the very top.
The strategies of both Hitler and Mussolini will be looked at and how each leader behaved in terms of working with their closest ally, together with some examples of cooperation on the lower military rungs.
We present general existence and uniqueness results for marked models with pair interactions, exemplified through Gibbs point processes on path space.
More precisely, we study a class of infinite-dimensional diffusions under Gibbsian interactions, in the context of marked point configurations: the starting points belong to R-d, and the marks are the paths of Langevin diffusions.
We use the entropy method to prove existence of an infinite-volume Gibbs point process and use cluster expansion tools to provide an explicit activity domain in which uniqueness holds.
In the last few years, we have been increasingly experiencing a discursive and practical use of the existing democratic structures as an instrument of anti-immigration anxiety and sentiment, from electoral support to right-wing populist parties to anti-immigrant, xenophobic, and/or racist mobilizations in and beyond the Western world. This article argues that the origins and political histories that the concepts of demos and democracy stand on provide a firm ground to resist the attempts at their current nativist/nationalist closure. Contesting the attempts to reduce the concepts of democracy and demos to strictly limited or ethnically defined populations, the article develops a political argument that relates democracy and migration, which have been represented as opposite poles within the current political map defined by the populist surge.
Several lines of research have demonstrated spatial-numerical associations in both adults and children, which are thought to be based on a spatial representation of numerical information in the form of a mental number line. The acquisition of increasingly precise mental number line representations is assumed to support arithmetic learning in children. It is further suggested that sensorimotor experiences shape the development of number concepts and arithmetic learning, and that mental arithmetic can be characterized as “motion along a path” and might constitute shifts in attention along the mental number line. The present study investigated whether movements in physical space influence mental arithmetic in primary school children, and whether the expected effect depends on concurrency of body movements and mental arithmetic. After turning their body towards the left or right, 48 children aged 8 to 10 years solved simple subtraction and addition problems. Meanwhile, they either walked or stood still and looked towards the respective direction. We report a congruency effect between body orientation and operation type, i.e., higher performance for the combinations leftward orientation and subtraction and rightward orientation and addition. We found no significant difference between walking and looking conditions. The present results suggest that mental arithmetic in children is influenced by preceding sensorimotor cues and not necessarily by concurrent body movements.
HARE
(2023)
Sensor-based human activity recognition is becoming ever more prevalent. The increasing importance of distinguishing human movements, particularly in healthcare, coincides with the advent of increasingly compact sensors. A complex sequence of individual steps currently characterizes the activity recognition pipeline. It involves separate data collection, preparation, and processing steps, resulting in a heterogeneous and fragmented process. To address these challenges, we present a comprehensive framework, HARE, which seamlessly integrates all necessary steps. HARE offers synchronized data collection and labeling, integrated pose estimation for data anonymization, a multimodal classification approach, and a novel method for determining optimal sensor placement to enhance classification results. Additionally, our framework incorporates real-time activity recognition with on-device model adaptation capabilities. To validate the effectiveness of our framework, we conducted extensive evaluations using diverse datasets, including our own collected dataset focusing on nursing activities. Our results show that HARE’s multimodal and on-device trained model outperforms conventional single-modal and offline variants. Furthermore, our vision-based approach for optimal sensor placement yields comparable results to the trained model. Our work advances the field of sensor-based human activity recognition by introducing a comprehensive framework that streamlines data collection and classification while offering a novel method for determining optimal sensor placement.
The plasma membrane of mammalian cells links transmembrane receptors, various structural components, and membrane-binding proteins to subcellular processes, allowing inter- and intracellular communication. Therefore, membrane-binding proteins, together with structural components such as actin filaments, modulate the cell membrane in their flexibility, stiffness, and curvature. Investigating membrane components and curvature in cells remains challenging due to the diffraction limit in light microscopy. Preparation of 5–15-nm-thin plasma membrane sheets and subsequent inspection by metal replica transmission electron microscopy (TEM) reveal detailed information about the cellular membrane topology, including the structure and curvature. However, electron microscopy cannot identify proteins associated with specific plasma membrane domains. Here, we describe a novel adaptation of correlative super-resolution light microscopy and platinum replica TEM (CLEM-PREM), allowing the analysis of plasma membrane sheets with respect to their structural details, curvature, and associated protein composition. We suggest a number of shortcuts and troubleshooting solutions to contemporary PREM protocols. Thus, implementation of super-resolution stimulated emission depletion (STED) microscopy offers significant reduction in sample preparation time and reduced technical challenges for imaging and analysis. Additionally, highly technical challenges associated with replica preparation and transfer on a TEM grid can be overcome by scanning electron microscopy (SEM) imaging. The combination of STED microscopy and platinum replica SEM or TEM provides the highest spatial resolution of plasma membrane proteins and their underlying membrane and is, therefore, a suitable method to study cellular events like endocytosis, membrane trafficking, or membrane tension adaptations.
Introduction Climbing is an increasingly popular activity and imposes specific physiological demands on the human body, which results in unique injury presentations. Of particular concern are overuse injuries (non-traumatic injuries). These injuries tend to present in the upper body and might be preventable with adequate knowledge of risk factors which could inform about injury prevention strategies. Research in this area has recently emerged but has yet to be synthesized comprehensively. Therefore, the aim of this study was to conduct a systematic review of the potential risk factors and injury prevention strategies for overuse injuries in adult climbers.
Methods This systematic review was conducted in accordance with the PRISMA guidelines. Databases were searched systematically, and articles were deemed eligible based upon specific criteria. Research included was original and peer-reviewed, involving climbers, and published in English, German or Czech. Outcomes included overuse injury, and at least one or more variable indicating potential risk factors or injury prevention strategies. The methodological quality of the included studies was assessed with the Downs and Black Quality Index. Data were extracted from included studies and reported descriptively for population, climbing sport type, study design, injury definition and incidence/prevalence, risk factors, and injury prevention strategies.
Results Out of 1,183 records, a total of 34 studies were included in the final analysis. Higher climbing intensity, bouldering, reduced grip/finger strength, use of a “crimp” grip, and previous injury were associated with an increased risk of overuse injury. Additionally, a strength training intervention prevented shoulder and elbow injuries. BMI/body weight, warm up/cool downs, stretching, taping and hydration were not associated with risk of overuse injury. The evidence for the risk factors of training volume, age/years of climbing experience, and sex was conflicting.
Discussion This review presents several risk factors which appear to increase the risk of overuse injury in climbers. Strength and conditioning, load management, and climbing technique could be targeted in injury prevention programs, to enhance the health and wellbeing of climbing athletes. Further research is required to investigate the conflicting findings reported across included studies, and to investigate the effectiveness of injury prevention programs.
Systematic Review Registrationhttps://www.crd.york.ac.uk/, PROSPERO (CRD42023404031).
The deficiency of a (bio)chemical reaction network can be conceptually interpreted as a measure of its ability to support exotic dynamical behavior and/or multistationarity. The classical definition of deficiency relates to the capacity of a network to permit variations of the complex formation rate vector at steady state, irrespective of the network kinetics. However, the deficiency is by definition completely insensitive to the fine details of the directionality of reactions as well as bounds on reaction fluxes. While the classical definition of deficiency can be readily applied in the analysis of unconstrained, weakly reversible networks, it only provides an upper bound in the cases where relevant constraints on reaction fluxes are imposed. Here we propose the concept of effective deficiency, which provides a more accurate assessment of the network’s capacity to permit steady state variations at the complex level for constrained networks of any reversibility patterns. The effective deficiency relies on the concept of nonstoichiometric balanced complexes, which we have already shown to be present in real-world biochemical networks operating under flux constraints. Our results demonstrate that the effective deficiency of real-world biochemical networks is smaller than the classical deficiency, indicating the effects of reaction directionality and flux bounds on the variation of the complex formation rate vector at steady state.
Introduction Flux phenotypes from different organisms and growth conditions allow better understanding of differential metabolic networks functions. Fluxes of metabolic reactions represent the integrated outcome of transcription, translation, and post-translational modifications, and directly affect growth and fitness. However, fluxes of intracellular metabolic reactions cannot be directly measured, but are estimated via metabolic flux analysis (MFA) that integrates data on isotope labeling patterns of metabolites with metabolic models. While the application of metabolomics technologies in photosynthetic organisms have resulted in unprecedented data from 13CO2-labeling experiments, the bottleneck in flux estimation remains the application of isotopically nonstationary MFA (INST-MFA). INST-MFA entails fitting a (large) system of coupled ordinary differential equations, with metabolite pools and reaction fluxes as parameters. Here, we focus on the Calvin-Benson cycle (CBC) as a key pathway for carbon fixation in photosynthesizing organisms and ask if approaches other than classical INST-MFA can provide reliable estimation of fluxes for reactions comprising this pathway.
Methods First, we show that flux estimation with the labeling patterns of all CBC intermediates can be formulated as a single constrained regression problem, avoiding the need for repeated simulation of time-resolved labeling patterns.
Results We then compare the flux estimates of the simulation-free constrained regression approach with those obtained from the classical INST-MFA based on labeling patterns of metabolites from the microalgae Chlamydomonas reinhardtii, Chlorella sorokiniana and Chlorella ohadii under different growth conditions.
Discussion Our findings indicate that, in data-rich scenarios, simulation-free regression-based approaches provide a suitable alternative for flux estimation from classical INST-MFA since we observe a high qualitative agreement (rs=0.89) to predictions obtained from INCA, a state-of-the-art tool for INST-MFA.
Caenorhabditis elegans (C. elegans) is gaining recognition and importance as an organismic model for toxicity testing in line with the 3Rs principle (replace, reduce, refine). In this study, we explored the use of C. elegans to examine the toxicities of alkylating sulphur mustard analogues, specifically the monofunctional agent 2-chloroethyl-ethyl sulphide (CEES) and the bifunctional, crosslinking agent mechlorethamine (HN2). We exposed wild-type worms at different life cycle stages (from larvae L1 to adulthood day 10) to CEES or HN2 and scored their viability 24 h later. The susceptibility of C. elegans to CEES and HN2 paralleled that of human cells, with HN2 exhibiting higher toxicity than CEES, reflected in LC50 values in the high µM to low mM range. Importantly, the effects were dependent on the worms’ developmental stage as well as organismic age: the highest susceptibility was observed in L1, whereas the lowest was observed in L4 worms. In adult worms, susceptibility to alkylating agents increased with advanced age, especially to HN2. To examine reproductive effects, L4 worms were exposed to CEES and HN2, and both the offspring and the percentage of unhatched eggs were assessed. Moreover, germline apoptosis was assessed by using ced-1p::GFP (MD701) worms. In contrast to concentrations that elicited low toxicities to L4 worms, CEES and HN2 were highly toxic to germline cells, manifesting as increased germline apoptosis as well as reduced offspring number and percentage of eggs hatched. Again, HN2 exhibited stronger effects than CEES. Compound specificity was also evident in toxicities to dopaminergic neurons–HN2 exposure affected expression of dopamine transporter DAT-1 (strain BY200) at lower concentrations than CEES, suggesting a higher neurotoxic effect. Mechanistically, nicotinamide adenine dinucleotide (NAD+) has been linked to mustard agent toxicities. Therefore, the NAD+-dependent system was investigated in the response to CEES and HN2 treatment. Overall NAD+ levels in worm extracts were revealed to be largely resistant to mustard exposure except for high concentrations, which lowered the NAD+ levels in L4 worms 24 h post-treatment. Interestingly, however, mutant worms lacking components of NAD+-dependent pathways involved in genome maintenance, namely pme-2, parg-2, and sirt-2.1 showed a higher and compound-specific susceptibility, indicating an active role of NAD+ in genotoxic stress response. In conclusion, the present results demonstrate that C. elegans represents an attractive model to study the toxicology of alkylating agents, which supports its use in mechanistic as well as intervention studies with major strength in the possibility to analyze toxicities at different life cycle stages.
Our subject is a new catalogue of radar-based heavy rainfall events (CatRaRE) over Germany and how it relates to the concurrent atmospheric circulation. We classify daily ERA5 fields of convective indices according to CatRaRE, using an array of 13 statistical methods, consisting of 4 conventional (“shallow”) and 9 more recent deep machine learning (DL) algorithms; the classifiers are then applied to corresponding fields of
simulated present and future atmospheres from the Coordinated Regional Climate Downscaling Experiment (CORDEX) project. The inherent uncertainty of the DL results from the stochastic nature of their optimization is addressed by employing an ensemble approach using 20 runs for each network. The shallow random forest method performs best with an equitable threat score (ETS) around 0.52, followed by the DL networks ALL-CNN and ResNet with an ETS near 0.48. Their success can be understood as a result of conceptual simplicity and parametric parsimony, which obviously best fits the relatively simple classification task. It is found that, on summer days, CatRaRE convective atmospheres over Germany occur with a probability of about 0.5. This probability is projected to increase, regardless of method, both in ERA5-reanalyzed and CORDEX-simulated atmospheres: for the historical period we find a centennial increase of about 0.2 and for the future period one of slightly below 0.1.
Introduction This study examined the effects of an 8-week backward running (BR) vs. forward running (FR) training programmes on measures of physical fitness in young female handball players.
Methods Twenty-nine players participated in this study. Participants were randomly assigned to a FR training group, BR training group, and a control group.
Results and discussion Within-group analysis indicated significant, small-to-large improvements in all performance tests (effect size [g] = 0.36 to 1.80), except 5-m forward sprint-time in the BR group and 5- and 10-m forward sprint-time in the FR group. However, the CG significantly decreased forward sprint performance over 10-m and 20-m (g = 0.28 to 0.50) with no changes in the other fitness parameters. No significant differences in the amount of change scores between the BR and FR groups were noted. Both training interventions have led to similar improvements in measures of muscle power, change of direction (CoD) speed, sprint speed either forward or backward, and repeated sprint ability (RSA) in young female handball players, though BR training may have a small advantage over FR training for 10-m forward sprint time and CoD speed, while FR training may provide small improvements over BR training for RSAbest. Practitioners are advised to consider either FR or BR training to improve various measures of physical fitness in young female handball players.
Introduction Early linguistic background, and in particular, access to language, lays the foundation of future reading skills in deaf and hard-of-hearing signers. The current study aims to estimate the impact of two factors – early access to sign and/or spoken language – on reading fluency in deaf and hard-of-hearing adult Russian Sign Language speakers.
Methods In the eye-tracking experiment, 26 deaf and 14 hard-of-hearing native Russian Sign Language speakers read 144 sentences from the Russian Sentence Corpus. Analysis of global eye-movement trajectories (scanpaths) was used to identify clusters of typical reading trajectories. The role of early access to sign and spoken language as well as vocabulary size as predictors of the more fluent reading pattern was tested.
Results Hard-of-hearing signers with early access to sign language read more fluently than those who were exposed to sign language later in life or deaf signers without access to speech sounds. No association between early access to spoken language and reading fluency was found.
Discussion Our results suggest a unique advantage for the hard-of-hearing individuals from having early access to both sign and spoken language and support the existing claims that early exposure to sign language is beneficial not only for deaf but also for hard-of-hearing children.
We review an approach for reconstructing oscillatory networks’ undirected and directed connectivity from data. The technique relies on inferring the phase dynamics model. The central assumption is that we observe the outputs of all network nodes. We distinguish between two cases. In the first one, the observed signals represent smooth oscillations, while in the second one, the data are pulse-like and can be viewed as point processes. For the first case, we discuss estimating the true phase from a scalar signal, exploiting the protophase-to-phase transformation. With the phases at hand, pairwise and triplet synchronization indices can characterize the undirected connectivity. Next, we demonstrate how to infer the general form of the coupling functions for two or three oscillators and how to use these functions to quantify the directional links. We proceed with a different treatment of networks with more than three nodes. We discuss the difference between the structural and effective phase connectivity that emerges due to high-order terms in the coupling functions. For the second case of point-process data, we use the instants of spikes to infer the phase dynamics model in the Winfree form directly. This way, we obtain the network’s coupling matrix in the first approximation in the coupling strength.