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Privatizations are a central issue in Latin American geopolitics, as a strategy of control and power over underdeveloped countries. Its growing influence encompasses neoliberal processes since the 1980s, documents are analyzed with the purpose of extracting, examining, criticizing, discriminating government sources that contain data on concessions and privatizations of infrastructure and engineering systems that were built and developed with state investments, such as railways, hydroelectric plants, waterways, airports, roads, mineral extraction, among others, during industrialization. in America there was great economic, urban and industrial expansion and large capitalist consortia took advantage of this to privatize states that impacted the technical, social and territorial division of work, the spaces occupied by groups with power maintain dominance of the engineering systems that influence and they rationalize territory within global economic geography, shaping interactions between economies, influencing trade relations, investments and knowledge flows that significantly, directly and negatively affect the most vulnerable populations. [ABSTRACT FROM AUTHOR]

Moments of spoliation and restitution can be seen as passages in the life of objects that categorise them, make them part of our heritage, give them or take away their value, and document them. The Nazis’ vast undertaking of artistic predation was thus a major moment in the movement and loss of objects in Europe, particularly from private collections. Through the archives of the Commission de Récupération Artistique from 1944 to the 1950s, and by delving into Le Répertoire des biens spoliés published beginning in 1947, historians can bring to life rare objects, private collections, and dismantled and disappeared sets, recounting their respective biographies and offering a perspective on the tastes of the time, thanks to the descriptions, photographs and drawings that accompany the inventories. Le Répertoire des biens spoliés, sometimes the only documentation of seized works or collections, helped preserve cultural heritage as well as its memory. While the objects, through their materiality and presence, may then be considered witnesses to the past, their absence also constitutes a testimony of sorts.

In the late nineteenth century, Western Powers launched military campaigns in sub-Saharan Africa resulting in the colonization of vast territories and the spoliation of cultural property. To justify the conquest, they asserted the supremacy of Western culture and disregarded principles of international law in their dealings with African states, communities, and individuals. This article examines colonialist legal justifications such as the denial of statehood of pre-colonial sub-Saharan African societies, the notion that conquest and spoliation were justifiable, and the belief that African legal systems lacked concepts of property. The article details why these arguments contradict well-established nineteenth-century legal principles, particularly state sovereignty and private property, which together form the conceptual basis for the prohibition of spoliation. The universal nature of those principles allows for the nondiscriminatory application and interpretation of historical law and consequently the protection of African pre-colonial states and private as well as public cultural property. [ABSTRACT FROM AUTHOR]

The objective of this text is to provide a systematic account of the presentation delivered at roundtable, entitled: Urban Space: the political economy of space, the city and urbanization. From the standpoint of political economy critique, the presentation underscored the significance of spoliative processes in the production of contemporary space. Its objective was to highlight spoliative processes and the emergence of urban struggles. In a sense, the objective was to juxtapose these processes with those of exploitation and reveal their complementarity in the impoverishment of workers and city dwellers, particularly as a consequence of the prioritization of capital accumulation in contemporary urbanization. [ABSTRACT FROM AUTHOR]

In recent decades, the succession of catastrophes in the most different scales and dimensions of social life caused the debate on the limits of the capitalist mode of production to proliferate. Within the critique of political economy, efforts were made to apprehend such catastrophes as manifestations of the contradictions of capital. In this article, based on propositions by João Bernardo (2018), we seek to contribute to this critical debate through a reflection anchored both in the fundamental trends of capitalist accumulation and in the historical experiences diverses as Nazism and Stalinism, as well as in contemporary social phenomena, among them the growing forced displacements, mass incarceration, and compulsory labor, verified on a global scale. It will be argued that it is inherent to capital, as virtuality, the construction of a horizon characterized by direct violence as universal social mediation, by the militarization and ghettoization of society, by the use of terrorist practices of social domination, and by the expansion of compulsory modalities of labor. And that such virtuality becomes even more threatening as capital sinks deeper and deeper into its chronic crisis of overaccumulation, due to the lack of consolidation of a revolutionary horizon capable of antagonizing it. [ABSTRACT FROM AUTHOR]

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa's power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies.

In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa's power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies. [ABSTRACT FROM AUTHOR]

Copyright of Espacio, Tiempo y Forma. Serie VII, Historia del Arte is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Isabelle Backouche rapproche deux terrains d’enquête sur lesquels elle travaille actuellement. D’une part, l’annexion de la zone non aedificandi, une bande de 250 mètres déclarée inconstructible en 1841 parce qu’elle longe la fortification, et largement urbanisée au moment de son incorporation au territoire parisien en 1919. D’autre part, le vaste transfert d’appartements des familles juives parisiennes pendant l’occupation, sous l’égide de la préfecture de la Seine. Dans les deux cas, les Parisiennes et Parisiens concernés – les zoniers expulsés, les familles qui tentent d’investir un appartement précédemment occupé par des Juifs – écrivent à l’administration pour plaider leur cause. C’est à partir de ces écrits ordinaires que l’usage des frontières spatiales et sociales mises en œuvre dans les argumentaires est analysé. Cette observation donne l’occasion de comprendre comment des normes sociales sont travaillées par les acteurs, et par là, de restituer leur participation aux dynamiques spatiales à plusieurs échelles qui affectent la capitale au 20e siècle.

Forensic engineering analysis of residential plumbing components can be a daunting task, particularly due to the manner in which they may be handled from the onset of a failure event. Usually, a water loss is discovered by a homeowner or tenant of a building where the source of the leak is easily determined. Remediation of a plumbing loss is likely to begin quickly and often compromises the investigation (i.e., the condition of the failed component changes, connections to the plumbing system are removed, etc.). Under most circumstances, the evidence is handled and collected by people without forensic training, such as the occupant or plumber, making spoliation a significant concern. This paper will discuss the scientific processes and evidence handling techniques utilized by forensic engineers to determine whether a product defect, installation defect, environmental condition, maintenance, or wear and tear were contributory factors to a plumbing loss. [ABSTRACT FROM AUTHOR]

Copyright of Historia y Sociedad (01218417) is the property of Universidad Nacional de Colombia, Facultad de Ciencias Humanas y Economicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: Why do patients sue following spine surgery? Here we reviewed some of the most frequent reasons for medical negligence suits against surgeons, adjunctive medical personnel, and or institutions/hospitals. Methods: Summarizing the multiple reasons for suits against spine surgeons, their colleagues/consultants, and hospitals should help surgeons identify the problems leading to suits, and improve patient care. Results: Several of the most common reasons for medical negligence suits include: lack of informed consent, ghost surgery, failure to diagnose and treat (e.g. including preoperative, perioperative, and post-surgical complications), performing unnecessarily risky, excessive and/or unnecessary surgery; failure to provide adequate postoperative care; absent or inadequate intraoperative neural physiological monitoring; and spoliation (e.g. fraudulent surgical, office, and/or hospital notes/records). Conclusions: There are many reasons why patients sue their spine surgeons. Being aware of the factors that lead to suits, spine surgeons should learn to provide better preoperative, intraoperative, and postoperative care, and, thus, limit perioperative morbidity and mortality. [ABSTRACT FROM AUTHOR]

The article analyzes several theoretical perspectives of Political Economy of Communication about the contribution of users and professionals activities in digital platforms to capitalist accumulation. In this context, it proposes to replace the search for a particular update of the theory of digital surplus value with an understanding of the Internet as a field in which different accumulation strategies concur, associating productive work with the accumulation by dispossession of the General Intellect of humanity. Finally, introduces a future agenda of research: the Algorithmic Prince as a fundamental political condition for the maintenance and expansion of capitalist accumulation through digital media. [ABSTRACT FROM AUTHOR]

Summary: During the Second World War Germany and German nationals looted the Netherlands and its nationals of many valuable assets, that were taken to Germany. Often the looting took the form of forced sales. In some cases, the sales price was too low, in other cases the German buyer paid market value or more, but often the buyer paid with guilders looted from the Dutch State. After the liberation of the Netherlands the 'restoration of rights regime' enabled victims of forced sales to seek annulment of the sales. This article concentrates on those movable goods that were sold to German buyers and that, after the war, returned from Germany to the Netherlands with the help of the Allied Forces, the so-called recuperation goods. If the seller did not seek annulment before the deadline of July 1951, for example because the price paid was considerable so that he preferred to keep the purchase price, or if his request was rejected, the Dutch State should not be forced to return these goods to their German buyer. Therefore, these goods were first subjected to Royal Decree E 133 which expropriated all German owned property in the Netherlands. Upon return to the Netherlands the recuperation goods became State property, but this measure could be undone by the seller successfully seeking annulment of the sales contract under Royal Decree E 100. However, if no annulment took place, the State remained owner of these goods. [ABSTRACT FROM AUTHOR]

The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014) show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh effects of the Mazibuko judgment.

Looting and spoliation of archaeological sites represent a known crisis in many parts of the world, and it is widely acknowledged that despite what we know about the scale of site destruction, the reality is worse. Available evidence suggests that the scale and severity of looting are increasing. Legal and ethical remedies exist but have not proven adequate to reduce the impact of looting and antiquities trafficking. This reflects, in part, inadequate resources and uneven enforcement, and also the pressures of rising prices for antiquities, growing market demand, severe economic depression, and lawlessness, particularly in conflict zones. But it also reflects expanding ideological causes for site destruction by others, as well as competing epistemologies and deontological expectations within the discipline itself challenging the site preservation imperative in archaeology. More than ten years ago, a previous review of these topics found the response inadequate; a decade later, matters are worse. [ABSTRACT FROM AUTHOR]

Copyright of Revue d'Histoire Moderne & Contemporaine is the property of Societe d'Histoire Moderne et Contemporaine and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A walk down a Paris street, the rue des Rosiers, between 1940 and 1944, noting the victims of French and German anti-Semitic actions of spoliation and deportation. [ABSTRACT FROM PUBLISHER]

A forensic case involved an allegation of defective minivan brake repairs. On a wet two-lane road, the minivan left the road while stopping, and impacted a telephone pole. The plaintiff driver's complaints implied a dragging brake, and the plaintiff 's expert reported a bent lower caliper bolt. This forensic investigation involved instrumented exemplar analysis of the effects on caliper drag that could be caused by a bent caliper bolt. The investigation methodology was chosen (in part) based on significant evidence spoliation on the part of the plaintiff 's expert. This paper will also discuss the effects of the spoliation and resulting limitations on the scope of the analysis. [ABSTRACT FROM AUTHOR]

In this paper we study two documents inserted into the manuscript 13.110 from the National Library, concerning the reign of Henry IV, within their historical context without which they would be impossible to understand. The first document is a writ of the year 1468 by which new Christians were excluded from public office. The second text dates from 1471, and by it, it was returned to neophytes everything that had previously been taken from them. [ABSTRACT FROM AUTHOR]

Copyright of Archeologia dell'Architettura is the property of Edizioni all'Insegna del Giglio and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the hegemony of the social accumulation reproduction, the primitive accumulation is interpreted sometimes like a fact of the past and sometimes like a process that continues until today. Our point of view is that the historical primitive accumulation has not disappeared, including being one of the important components of contemporary society. In this society, the capitalist processes of primitive accumulation and the reproduction of capital coexist and complement each other in a contradictory and dialectical way. The first, the process of primitive accumulation is related to spoliation and to the production of new capital, while the second, the reproduction of capital is related to the exploration and it is a part of a capital already existing. The difference between the names 'spoliation' and 'exploitation' is confronted and the Harvey's opinion about accumulation by dispossession is discussed in the first part of the text. The second part discusses about the primitive accumulation of today, repeating the fraud, the theft and the violence, that were presents in the moment of the genesis of capitalism. Although the world seems to have changed, with both technical advancement and a variety of laws about human rights, it has not changed that much. Acts of fraud, theft and violence as expedients to generate capital still continues. Several examples of robbery of the natural resources are given, including the bio-piracy. Also, the debt slavery is emphasized as a violent form of spoliation, a form of primitive accumulation of capital in which the free worker, by mechanisms of subjection which he is subjugated, loses his freedom. The theft of land constitutes another example of primitive accumulation of the contemporary society. It is stated that all forms of dispossession are producing money and producing potential capital. Particularly, the financial capital is the one that especially establishes the link between primitive accumulation and reproduction of capital in contemporary society.

The South African legal system is uncodified and from a comparative law perspective it is usually classified as a "mixed legal system", meaning a mixture between Romano-Germanic law (in the form of Roman-Dutch law) and English common law. Property law is deeply rooted in Roman and Roman-Dutch law and a sharp distinction is drawn between ownership and possession and the protection of these two institutions. This contribution focuses on the protection of quasi-possession namely the possession of rights. Only certain rights can be possessed in South African law. These are rights of use such as servitutal rights and so-called incidents of possession (for example the access to water and electricity in terms of a contract such as a contract of letting and hiring). There is only one possessory remedy in South African law, the mandament van spolie (spoliation order or actio spolii). This remedy originated in 9th century Canon Law and it protects possession against spoliation (the unlawful deprivation of possession of a thing or an alleged right). In accordance with the Roman, Canon law and Roman-Dutch tradition, when applying the mandament the court is not supposed to investigate the merits of the case (the actual rights of the parties). The Court only establishes whether there was possession of the alleged right (the exercise of actions usually associated with the right) and whether there was spoliation. Recently, however, the South African Supreme Court of Appeal started to focus on the actual rights (real or personal) of the parties involved. It is submitted that this approach is incorrect and that the same results could have been achieved if the Court had followed the traditional Roman and Roman-Dutch approach. [ABSTRACT FROM AUTHOR]

Electronic communications have become an integral form of contact in the securities industry and the expanded use of e-mail presents numerous legal and compliance challenges. Firms must have mechanisms to save e-mail that is characterised as 'business as such' for a period of three years. But saving e-mail causes other ramifications -- the e-mail must be supervised and reviewed, and it must be collected and produced in response to litigation or regulatory requests. When it is considered that the e-mail retention, review and production requirements apply to instant messaging, blackberries, home office computers, twitters, external electronic servers, web-based e-mail accounts and even social networking sites, the challenges of e-mail use are multiplied. No doubt the continued growth of e-mail as an accepted means of communication means that broker-dealers must persist in dealing with strict retention requirements and then address troubling e-mails when discovered during supervisory review, or in the course of litigation or regulatory inquiry. [ABSTRACT FROM AUTHOR]

This paper reviews recent cases highlighting the unique role of inside and outside counsel in quality assurance for each stage of the electronic discovery process, and the willingness of courts to impose sanctions where a determination is made that counsel has not adequately ensured their clients have fulfilled discovery obligations. Parties and their counsel have been sanctioned for failing to identify and direct the thorough preservation of potentially relevant data; search the preserved data comprehensively using defensible methodology, and produce responsive data in a timely, usable, and complete manner. Reliance on internal IT personnel or enterprise level e-mail archiving and retrieval tools may be demanded by the client to manage the costs of electronic discovery, but counsel should be aware of the potential pitfalls. Practical tips are outlined regarding the types of 'reasonable efforts' that counsel may consider taking to fulfill their discovery obligations under US Federal Rule of Civil Procedure 26 and analogous US Securities and Exchange Commission rules. [ABSTRACT FROM AUTHOR]

Computer forensic examiners need to combine art and science to produce the highest valued electronic data content. The wide variety of document types, tremendous volume of dissimilar media, operating systems, programs, and compaction and encryption algorithms all present daunting tasks for the examiner to efficiently organize, process, and filter. The art involves how to get to the core documents, the smoking gun. Individual disk drives, in and of themselves, are very large reservoirs of information. The investigator's job is to assist counsel in establishing priorities for searching drives, directories, and document types. This is where the experience of the examiner and the art of forensic examinations come in. The science involves the tools that capture, sort, and select the data for review by counsel. Further, there exists a wealth of knowledge about how computers operate and where programs and operating systems store data or encode information about where and when information was placed on a computer's hard drive. Experts who excel at combining the science with the art are the ones who are most helpful in assisting counsel making arguments that win court decisions. [ABSTRACT FROM AUTHOR]

Abstract: Clinical experience and in vitro investigations demonstrated that AlphaCor™, a hydrogel keratoprosthesis, can undergo both surface spoliation and internal depositions/colourations after exposure to certain medications, alone or in combination. While the most commonly used medications have not been associated with spoliation in vivo, many medications are reportedly used due to the complex co-pathologies in many recipients, and regional variations in available medications. We screened a number of drugs used or proposed by surgeons for use in AlphaCor patients to evaluate their potential to cause visually significant optic spoliation (surface or intragel, or colour changes). Poly(2-hydroxyethyl methacrylate) discs with an identical composition to AlphaCor''s optic were incubated with each medication and then with simulated aqueous humour (SAH) at 37°C for 7 days. They were then examined under magnification and by histology (selected samples). Clinical feedback for the test medications was reviewed and compared with the in vitro results. A minority of the drugs caused surface spoliation (TobraDex, Prednefrin Forte, Azopt) or colour staining (including Zymar, Vigamox, Quixin) when tested alone, but SAH appeared to promote hydrogel cloudiness and surface deposits. The in vitro spoliation occurred more frequently than in vivo reports of spoliation in recipients of the same medications. This study is consistent with earlier findings in demonstrating involvement of topical medications in hydrogel spoliation, although a much lower incidence of spoliation is reported for AlphaCor in human recipients than indicated by the laboratory findings. The interactions of biological fluids and drugs require further study. [Copyright &y& Elsevier]

Abstract: Drug-induced spoliation of hydrogels as contact lenses or as implants in the anterior eye is a frequent occurrence in clinical practice. This study explores the capacity of three commercial multipurpose solutions for contact lens care to reduce the spoliation of poly(2-hydroxyethyl methacrylate) (PHEMA) specimens exposed to a simulated aqueous humour formulation and to three topical drugs commonly administered after insertion of artificial corneas (Predsol, Optimol and Depo-Ralovera). ReNu MultiPlus® (Bausch & Lomb), Complete® Blink-N-Clean™ Lens Drops (Allergan) and Complete Protein Remover Tablets dissolved in Complete® ComfortPLUS™ (both from Allergan) were evaluated. All multipurpose solutions were able to dislodge passively the deposits formed on hydrogels in the simulated aqueous and in the presence of Predsol and Optimol, but none were effective against the deposits induced by Depo-Ralovera. A reduction of the calcium content in deposits caused by Predsol and Optimol was confirmed after treatment with the protein remover preparation, while the other multipurpose solutions caused the complete removal of the deposits. In experiments designed to evaluate the preventive action of the multipurpose solutions, no such effects were observed regardless of the drug involved. The prospect of using multipurpose solutions as eye drops following implantation of a hydrogel artificial cornea is a valid alternative for reducing device spoliation, however it appears to depend on the nature of the postoperative medication. [Copyright &y& Elsevier]