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(2024) Cruz-Chamorro, Dario Alexander
Vertically binding precedents are often rejected in the civil law tradition by reference to three interrelated arguments: (1) judges do not create the law, they merely apply it; (2) judges are bound by statutory law, not by the decisions of other judges; and (3) statutes, not the judicial decisions that interpret and apply them, are sources of law. This chapter addresses the three arguments and argues that precedents can have binding force even in countries where their very existence is highly contested. First, it is argued that judges of higher courts engage in important creative activity when they interpret the law, so that we can speak of genuine precedents governing the interpretation of the law, which add something new to the law. Secondly, it is shown that the binding force of these precedents in civil law countries can be quite robust, especially when compared to systems where their bindingness is generally accepted. The final section discusses the extent to which precedents that interpret the law can be considered sources of law.
(2023) Ramírez-Ludeña, LorenaResistance exercise and protein supplementation are recognized as effective treatment strategies for age-related sarcopenia; however, there are limited data on their feasibility, tolerability, and safety. The primary outcome of this study was feasibility, evaluated through the 15-item TELOS (Technological, Economics, Legal, Operational, and Scheduling) feasibility components and by recruitment, retention, and consent rates. Tolerability was measured by examining permanent treatment discontinuation, treatment interruption, exercise dose modification, early termination, rescheduling of missed sessions, losses to follow-up, attendance, and nutritional compliance. Safety was evaluated using the parameters provided by the European Medicines Agency, adapted for exercise interventions. Thirty-two subjects were recruited (average age 81.6 [SD 9.3] years). The TELOS components were assessed before the intervention; out of 15 questions relevant for successful implementation, 4 operational needs answers required specific actions to prevent potential barriers. The recruitment rate was 74%. Eleven patients (34.4%) had permanent treatment interruption (retention rate = 65.6%). Patients attended a mean of 23 (SD 12.0) exercise sessions, with a mean of 56 (SD 32.6) nutritional compliances. A total of 21 patients (65.6%) experienced adverse events unrelated to the intervention, while 7 patients (21.9%) presented adverse reactions to strength exercise. The main barriers to feasibility were operational components and recruitment challenges. Although the intervention was generally safe, the high rate of probable adverse effects, unrelated to the intervention but associated with the individual's baseline health condition, may affect adherence to treatment programs of this kind.
(2024) Meza Valderrama, Delky; Sánchez-Rodríguez, María Dolores; Curbelo Peña, Yulibeth; Ramírez-Fuentes, Cindry; Muñoz Redondo, Elena; Morgado Pérez, Andrea; Ortíz-Agurto, Norma; Finis-Gallardo, Paola; Marco Navarro, Ester (2024) Marcos-Delgado, Alba; Schröder, Helmut, 1958-; Zomeño Fajardo, María Dolores; Castañer, Olga; Fitó Colomer, Montserrat; Nieto, Javier
Highly sensitized (HS) patients in need of kidney transplantation (KTx) typically spend a longer time waiting for compatible kidneys, are unlikely to receive an organ offer, and are at increased risk of antibody-mediated rejection (AMR). Desensitization using imlifidase, which is more rapid and removes total body immunoglobulin G (IgG) to a greater extent than other methods, enables transplantation to occur between HLA-incompatible (HLAi) donor¿recipient pairs and allows patients to have greater access to KTx. However, when the project was launched there was limited data and clinical experience with desensitization in general and with imlifidase specifically. Hence, this Delphi methodology was used to reach a consensus from a multi-disciplinary team (MDT) of experts from 15 countries on the management of HS patients undergoing imlifidase HLAi from a deceased donor (DD) KTx. This Delphi consensus provides clinical practice guidance on the use of imlifidase in the end-to-end management of HS patients undergoing an HLAi DD KTx and supports centers in the development of guidelines for the utilization and integration of imlifidase into clinical practice.
(2025) Furian, Lucrezia; Crespo Barrio, Marta; Naesens, Maarten