bluuebunny/crossref_metadata_2025 huggingface dataset:
The use of GPR to detect active layers in young periglacial terrain of Livingston Island, Maritime Antarctica
Authors: Schwamborn Georg , Wagner Dirk , Hubberten Hans‐W.
Published: January 2009

The South Shetland Islands offer ice‐free margins with periglacial surfaces that are only a few decades old after the recent glacier retreat. Ground‐penetrating radar (GPR) profiling was used to acquire information on young permafrost occurrence as deduced from active layer advance. Local GPR measurements included grids of parallel single‐offset 2D reflection profiles and multi‐offset measurements to determine wave velocity in the ground. Excavations served to determine the sedimentary composition and to backup GPR profile interpretation. GPR results show that the active layer could easily be traced at a site 140 m above sea level (asl), which is placed in volcanic soil. In contrast, GPR data were ambiguous at a site low in altitude (35 m asl), where frozen and unfrozen ground was imaged next to each other and GPR interpretation relied on ground verification.
Job‐related risk of latent tuberculosis infection in a homogeneous population of hospital workers in a low incidence area
Authors: Franchi Alberto , Diana Ornella , Franco Giuliano
Published: January 2009

Background

Few comprehensive tuberculin surveys were carried out in a homogeneous population of health care workers (HCWs) in a low incidence area to assess the risk of tuberculosis (TB) infection by different occupational groups and units.

Methods

Community and occupational factors and tuberculin skin test (TST) reactivity were determined in 1,755 HCWs.

Results

The overall prevalence of tuberculin reactivity was 6%. Predicting factors for TST reactivity were age >47 years (OR = 2.88), history of household TB contact (OR = 2.41), years of work as HCW (OR = 2.57), physician (OR = 1.88), and working in microbiology (OR = 4.94), dialysis/nephrology (OR = 2.00), gynecology/obstetrics (OR = 2.01). In a multiple regression model working in microbiology [OR = 4.16 (1.27–13.6)], dialysis/nephrology [OR = 2.52 (1.36–4.65)], gynecology/obstetrics [OR = 2.46 (1.24–4.86)] and age >47 years [OR = 1.98 (1.14–3.46)] were significant predictors for infection.

Conclusions

A higher risk of latent infection can be demonstrated in well‐defined groups of HCWs. Am. J. Ind. Med. 52:297–303, 2009. © 2009 Wiley‐Liss, Inc.
Aftermath of genocide – the fate of children of perpetrators
Authors: Parens Henri
Published: January 2009

In this essay the author draws attention to an insufficiently acknowledged consequence of genocide. With the intention to generalize these thoughts to all genocide – allowing for their variances – focusing on the Holocaust, the most studied of genocides, much is said about the horrors it has and continues to visit on victims, the traumatic consequences that follow from this genocide, the “chosen trauma” it has become for the then‐victimized society. Many Holocaust studies address just that. But much less is said of the consequences of this genocide on its perpetrators, especially on their children and grandchildren. The limited number of studies of the children of perpetrators show that for those studied, the genocide perpetrated by their fathers and mothers has created for them an unyielding sense of guilt and depression and especially of everyday‐pervasive shame. These studies have demonstrated that their children and grandchildren seem stamped with a “ ‘chosen trauma’ of shame” (Volkan, Fundamentalism, violence and its consequences, 2001), a yoke of shame they have great difficulty resolving. They too, like their former victims, live with an irreducible trauma of humiliation, but their humiliation is not one perpetrated by an enemy as it was for the Jews, but by their own fathers and mothers. Might not this knowledge, learned with the price of the Holocaust, deter some, or even many, who might in the future consider the path of genocide? Should we not add this to the strategies open to us for the reduction of genocide? Copyright © 2009 John Wiley & Sons, Ltd.
In vivosaturation binding of GABA‐A receptor ligands to estimate receptor occupancy using liquid chromatography/tandem mass spectrometry
Authors: Hopkins Seth C. , Brian Nofsinger J. , Allen Michael S. , Koch Patrick , Varney Mark A.
Published: January 2009

Typically, the dose‐occupancy curves for GABA‐A receptor ligands are determined usingin vivobinding of [3H]flumazenil. This study describesin vivobinding experiments without the use of tracer ligands. Bound and free fractions were measured directly using a highly sensitive LC/MS/MS detection method afterin vivoadministration of the GABA‐A ligands zolpidem, (RS)‐zopiclone, L‐838417 and flumazenil, to demonstrate affinity and saturation of the filter‐retained, membrane‐bound fraction. Thein vivobinding of flumazenil and L‐838417 both saturated around 200 nm, at a similar level to the specific binding of (S)‐zopiclone after doses of the racemic zopiclone, using (R)‐zopiclone to estimate non‐specific binding. This saturable component represented an estimate of benzodiazepine binding sites available on GABA‐A receptorsin vivo(200 nm). Dose‐occupancy curves were constructed to estimate the dose required to achieve 50% occupancy and matched estimates obtained with tracer methods. In contrast to tracer methods, this method is uniquely suitable to the demonstration of stereoselective binding of the (S)‐isomerin vivoafter doses of racemic zopiclone. These results demonstrate that the LC/MS/MS measurements of total drug concentrations typically used in early drug development can be adapted to provide information about receptor occupancyin vivo. Copyright © 2009 John Wiley & Sons, Ltd.
Characterization of CF Bonds with Multiple‐Bond Character: Bond Lengths, Stretching Force Constants, and Bond Dissociation Energies
Authors: Kraka Elfi , Cremer Dieter
Published: January 2009

A reliable descriptor of the bond strength is the stretching force constant associated with the adiabatic vibrational mode that is localized in the bond and does not couple with other vibrational modes. This is used for a comparison of CF+ and CO bonds (see picture).

magnified image

Isoelectronic CF+ and CO bonds contained in fluoro‐substituted carbenium ions, aldehydes, and ketones are investigated with regard to their bond properties by utilizing the vibrational spectra of these molecules. It is demonstrated that bond dissociation energies (BDEs), bond lengths, vibrational stretching frequencies, and bond densities are not reliable descriptors of the bond strength. The latter is related to the intrinsic BDE, which corresponds to nonrelaxed dissociation products retaining the electronic structure and geometry they have in the molecule. It is shown that the harmonic stretching force constants ka of the localized internal coordinate vibrations (adiabatic vibrational modes) reflect trends in the intrinsic BDEs. The ka values of both CO and CF bonds are related to the bond lengths through a single exponential function. This observation is used to derive a common bond order n for 46 CO‐ and CF‐containing molecules that reliably describes differences in bonding. CF bonds in fluorinated carbenium ions possess bond orders between 1.3 and 1.7 as a result of significant π back‐bonding from F to C, which is sensitive to electronic effects caused by substituents at the carbenium center. Therefore, the strength of the CF+ bond can be used as a sensor for (hyper)conjugation and other electronic effects influencing the stability of the carbenium ion. The diatomic CF+ ion has a true double bond due to π donation from the F atom. The characterization of CF bonds with the help of adiabatic stretching modes is also applied to fluoronium ions (n=0.3–0.6) and transition states involving CF cleavage and HF elimination (n=0.7–0.8).
Posttraumatic neuroma of the radial nerve treated with an autogenous epineural conduit technique. A case report
Authors: Ignatiadis I. A. , Yiannakopoulos C. K. , Avram A. M. , Gerostathopoulos N. E.
Published: January 2009

We present the outcome of the first clinical application of a new technique using an epineural flap to bridge a short nerve defect. A 28‐year‐old male had suffered a radial nerve laceration at the lower third of the arm, proximal to the brachioradialis branch, 3 weeks before surgery. During surgery, a neuroma‐in‐continuity was excised preserving the epineural sleeve. Two longitudinal epineural flaps were created, one from the proximal and one from the distal nerve stump and used to bridge a 1‐cm‐long nerve defect. Each epineurium flap was sutured to the intact epineurium of the other side and additionally to each other. An electromagnetic nerve stimulator was used to enhance the nerve regeneration process. Nerve regeneration was followed up for 17 months with excellent functional results. © 2009 Wiley‐Liss, Inc. Microsurgery, 2009.
Review of school counseling outcome research
Authors: Whiston Susan C. , Quinby Robert F.
Published: January 2009

This article is somewhat unique in this special issue as it focuses on the effectiveness of an array of school counseling interventions and not solely on individual and group counseling. In summarizing the school counseling outcome literature, the authors found that students who participated in school counseling interventions tended to score on various outcome measures about a third of a standard deviation above those who did not receive the interventions. School counseling interventions produced quite large effect sizes in the areas of discipline, problem solving, and increasing career knowledge. The effect sizes were smaller, but significant, related to school counseling interventions' impact on academic achievement. Surprisingly little school counseling research was found related to individual counseling. Concerning guidance curriculum, small groups were more effective than interventions that involved entire classrooms. Furthermore, outcome research reflects that group counseling can be effective with students who are experiencing problems and difficulties. © 2009 Wiley Periodicals, Inc.
Expression and homology modelling of sterol 14α‐demethylase of Magnaporthe grisea and its interaction with azoles
Authors: Yang Jiaoyan , Zhang Qingye , Liao Mingjun , Xiao Min , Xiao Wenjing , Yang Shao , Wan Jian
Published: January 2009

BACKGROUND: Magnaporthe grisea (Hebert) ME Barr infection is one of the most serious diseases for cultivated rice in the world. Sterol 14α‐demethylase (CYP51) is an important drug target for microbial pathogenic infections. To exploit specific and effective fungicides for M. grisea better, the authors have analysed the characteristics of interaction between sterol 14α‐demethylase from M. grisea (MGCYP51) and azoles. MGCYP51 with truncation of N‐terminal residues was cloned and expressed in E. coli, difference binding spectra of MGCYP51 induced by addition of four commercial azoles were determined and molecular modelling of MGCYP51 based on the crystal structure of Mycobacterium tuberculosis Lehmann & Newman and docking with the azoles were performed.

RESULTS: The affinity of the azoles for MGCYP51 was positively correlated with their hydrophobicity. Amino acid residues Tyr112, Phe120, Phe220, His308 and Phe497 of MGCYP51, forming a large hydrophobic cavity, are the key residues interacting with azole fungicides. Furthermore, Phe220 and Phe497 are fungus and species specific respectively.

CONCLUSION: The results suggest that the more potent azole fungicides for MGCYP51 should possess more hydrophobic groups interacting with residues Phe220 and Phe497. Copyright © 2009 Society of Chemical Industry
QoS‐aware target coverage in wireless sensor networks
Authors: Gu Yu , Ji Yusheng , Li Jie , Zhao Baohua
Published: January 2009

Wireless sensor networks have emerged recently as an effective way of monitoring remote or inhospitable physical targets, which usually have different quality of service (QoS) constraints, i.e., different targets may need different sensing quality in terms of the number of transducers, sampling rate, etc. In this paper, we address the problem of optimizing network lifetime while capturing those diversified QoS coverage constraints in such surveillance sensor networks. We show that this problem belongs to NP‐complete class. We define a subset of sensors meeting QoS requirements as acoverage pattern, and if the full set of coverage patterns is given, we can mathematically formulate the problem. Directly solving this formulation however is difficult since number of coverage patterns may be exponential to number of sensors and targets. Hence, a column generation (CG)‐based approach is proposed to decompose the original formulation into two subproblems and solve them iteratively. Here a column corresponds to a feasible coverage pattern, and the idea is to find a column with steepest ascent in lifetime, based on which we iteratively search for the maximum lifetime solution. An initial feasible set of patterns is generated through a novel random selection algorithm (RSA), in order to launch our approach. Experimental data demonstrate that the proposed CG‐based approach is an efficient solution, even in a harsh environment. Simulation results also reveal the impact of different network parameters on network lifetime, giving certain guidance on designing and maintaining such surveillance sensor networks. Copyright © 2009 John Wiley & Sons, Ltd.
A finite element method for the resolution of the Reduced Navier‐Stokes/Prandtl equations
Authors: Barrenechea G.R. , Chouly F.
Published: January 2009

A finite element method to solve the Reduced Navier‐Stokes/Prandtl (RNS/P) equations is described. These equations are an asymptotic simplification of the full Navier‐Stokes equations, obtained when one dimension of the domain is of one order smaller than the others. These are therefore of particular interest to describe flows in channels or pipes of small diameter. A low order finite element discretization, based on a piecewise constant approximation of the pressure, is proposed and analyzed. Numerical experiments which consist in fluid flow simulations within a constricted pipe are provided. Comparisons with Navier‐Stokes simulations allow to evaluate the performance of prediction of the finite element method, and of the model itself.
Stress and thermoregulation: Different sympathetic responses and different effects on experimental pain
Authors: Fechir M. , Schlereth T. , Kritzmann S. , Balon S. , Pfeifer N. , Geber C. , Breimhorst M. , Eberle T. , Gamer M. , Birklein F.
Published: January 2009

Stress and thermoregulation both activate the sympathetic nervous system (SNS) but might differently affect pain. Studies investigating possible interactions in patients are problematic because of the high prevalence of SNS disturbances in patients. We therefore analyzed the influence of these different sympathetic challenges on experimentally‐induced pain in healthy subjects. SNS was activated in two different ways: by mental stress (Stroop task, mental arithmetic task), and by thermoregulatory stimulation using a water‐perfused thermal suit (7°C, 32°C, or 50°C). Attentional effects of the mental stress tasks were controlled by using easy control tasks.

Both, stress and thermoregulatory stimuli, robustly activated SNS parameters. However, the patterns of activation were different. While stress co‐activated heart rate, blood pressure, peripheral vasoconstriction and sweating, thermal stimulation either increased blood pressure (cold) or heart rate and sweating (warm). Only stress was able to induce a significant reduction of pain. The control tasks neither activated the SNS nor altered pain perception.

Our results suggest that (1) different patterns of sympathetic activation can be recorded after stress and thermoregulatory challenges and (2) that only stress is able to interfere with sensation of experimental pain. Whether SNS activation is causally responsible for analgesia needs to be further investigated.
Age related and hypothyroidism related changes on the stoichiometry of neurofilament subunits in the developing rat brain
Authors: Chinnakkaruppan A. , Das Sumantra , Sarkar Pranab Kumar
Published: January 2009

Hypothyroidism in the developing brain results in progressive intraneuronal accumulation of neurofilament (NF) proteins in the proximal hillock regions of axons, analogous to the pathological intraneuronal accumulation of NF in common neurodegenerative diseases like Alzheimer's disease, Parkinson's disease and Amyotrophic lateral sclerosis. A preferential decline in the expression of the light chain of NF occurs in all the three diseases leading to an absolute change in stoichiometry of the NF subunits. Using the developing hypothyroid rat cerebra as a model, we have tried to elucidate if age or hypothyroidism causes a change in the stoichiometry or molar ratio of the NF subunits which could be responsible for their aberrant intraneuronal accumulation.

Western blotting and chemiluminescence assay of cytoskeletal preparations from normal and hypothyroid developing rats at postnatal days 5 (PND5), PND15 and PND25 shows that in the normal cerebra, the expression of NFL and NFM were abundant during the first 2 weeks, corresponding to the onset of axonal outgrowth and synaptogenesis, whereas that of NFH was predominant during the second and third weeks corresponding to the period of maturation of synapses, axonal caliber and transport processes. These results show that consistent with the requirement for neuronal differentiation during synaptogenesis, the molar ratios NFH:NFM:NFL changed significantly from 1:3:9 at PND5 to 1:2:6 at PND25. Hypothyroidism caused a 40–60% decline in the expression of all three subunits. However, at all three ages examined, differences in the molar ratios of the NF subunits between normal and hypothyroid cerebra were insignificant suggesting that factors other than alteration in the stoichiometry of NF subunits are associated with their aberrant intraneuronal aggregation.
Chronic nicotine alters cannabinoid‐mediated locomotor activity and receptor density in periadolescent but not adult male rats
Authors: Werling Linda L. , Reed Stephanie Collins , Wade Dean , Izenwasser Sari
Published: January 2009

A significant number of youths use cigarettes, and more than half of the youths who smoke daily also use illicit drugs. The focus of these studies is on how exposure to nicotine affects subsequent responses to both nicotine and cannabinoids in adolescents compared with adults. We have shown previously that chronic treatment with nicotine produces sensitization to its locomotor‐activating effects in female and adult rats but not male adolescent rats. To better understand the effects of nicotine on adolescent and adult rats, rats were injected with nicotine or saline for 7 days and, on day 8, either challenged with delta‐9‐tetrahydrocannabinol (Δ9‐THC) or the cannabinoid agonist CP 55,940 and tested for locomotor activity, or the brains were removed for quantitative autoradiography studies of the cannabinoid1receptor. A separate group of rats was treated with nicotine plus the cannabinoid antagonist AM 251 and then challenged with CP 55,940. In adolescent male rats, nicotine administration led to sensitization to the locomotor‐decreasing effects of both Δ9‐THC and CP 55,940, but in adult male rats, the response to either drug was unchanged compared to controls. The effect of nicotine on CP 55,940‐mediated locomotor activity was blocked by co‐administration of AM 251 with the nicotine. Further, cannabinoid receptor density was increased in the prelimbic prefrontal cortex, ventral tegmental area, and select regions of the hippocampus in adolescent male rats pretreated with nicotine compared to vehicle‐treated controls. There were no significant changes in cannabinoid receptor binding, however, in any of the brain regions examined in adult males pretreated with nicotine. The prelimbic prefrontal cortex and the hippocampus have been shown previously to be involved in stimulant reinforcement; thus it is possible that these changes contribute to the unique behavioral effects of chronic nicotine and subsequent drug administration in adolescents compared with adults.
Ambivalence and attitudes in consumer replacement decisions
Authors: Roster Catherine A. , Richins Marsha L.
Published: January 2009

This research examines consumer replacement decisions and the ambivalence that may accompany such decisions. Durable goods replacement decisions are complex in that they involve two interconnected but distinct subdecisions: whether to replace the good, and what to do with the incumbent possession. This research proposes and tests a decision model that incorporates both of these subdecisions. It also examines sources of conflict associated with the ambivalence that may accompany replacement decisions. In so doing, it describes some potential problems associated with conflict measures that have been previously used in the ambivalence literature and describes methods to avoid these problems. Findings from a longitudinal study demonstrate that a model incorporating elements of both replacement subdecisions offers superior prediction of intentions over a traditional decision model. Findings also reveal that ambivalence may have effects at both the pre‐ and post‐purchase stages of the decision process, and that the relationship between conflict and ambivalence may be more complex than previously recognized.
Occupiers' Liability: A Further Comment
Authors: Odgers F. J.
Published: January 2009

The Occupiers' Liability Bill had its second reading in the Commons on March 6, 1957. It is identical with the Bill that was given its second reading in the Lords on June 21, 1956, and, on a number of points, departs substantially from the recommendations of the Law Reform Committee of October, 1954. It is now thought that the Act will be in force (in one form or another) on January 1, 1958. It continues to cast its shadow before it and shadows are notoriously bogy-like. The Report was castigated for encouraging the exhibition of notice boards excluding liability: the Bill has been abused for permitting it. A desire to anticipate the less controversial provisions of the Bill has recently led to some judicial glossing of the differences between the occupancy and activity duties of an occupier. It is time, perhaps, for a brief recapitulation of some aspects of the Bill, in the light of recent decisions.
English Contract Problems in Indian Code and Case Law
Authors: Gooderson R. N.
Published: January 2009

There is nothing indigenous about the Indian Contract Act of 1872 (hereinafter referred to as “the Act”), which is a comprehensive though not necessarily exhaustive code of the subject. According to the eighteenth-century charters, which established courts of justice for the three Presidency towns of Calcutta, Madras and Bombay, the law there applicable was the English common and statute law then in force, so far as it was appropriate to Indian circumstances. Elsewhere it was the practice to have recourse to justice, equity and good conscience. Appeal to these three precepts was also to be made in the Presidency towns themselves in case no specific rule existed. This was the state of the law of contract in 1866, as briefly described by the Indian Law Commissioners in their report. This commission, which prepared the first draft of the Act, had been appointed in England in 1864, with Lord Romilly M.R. as chairman. The other members were W. M. James q.c., the Chancery leader shortly to become James L.J., Sir Edward Ryan, formerly Chief Justice of Bengal, who at this time often sat as a member of the Judicial Committee of the Privy Council in Indian appeals, Robert Lowe, as Lord Sherbrooke then was, a politician, later Chancellor of the Exchequer and Home Secretary, J. M. Macleod, a member of the Indian Civil Service, and John Henderson, barrister. The commission sat in London, and produced a draft report in 1866. This had still not become law by 1870, largely because of the opposition of Sir Henry Maine, then Law Member of the Governor-General's Council, to the proposals as to specific performance.
Licences, A Jonah's Gourd
Authors: Hanbuky H. G.
Published: January 2009

Nature of the problem

Until a little while ago the subject of licences was commonly treated, from the standpoint of their revocability by the licensor, as one of the principal illustrations of the relations between equity and law. Denning L.J. has repeatedly ex cathedra insisted that fusion has now been effected, not only between the courts wherein the systems of law and equity were administered but between those systems themselves. In this particular subject, while it may be doubtful whether law and equity are fused, there is, unhappily, a certainty that they have been confused.
The Army Act and Murder Abroad
Authors: Prichard M. J.
Published: January 2009

Page was not the first British soldier to “murder” a foreigner on foreign soil, nor was he the first to be tried and convicted by a court-martial for so doing. He was, however, the first to take advantage of the passing of the Courts-Martial (Appeals) Act, 1951, upon such a conviction. His case thus provided at last an authoritative ruling on a point which had previously been the silent responsibility of the Judge Advocate General, namely, whether such a killing could indeed be murder within the meaning of section 41 of the Army Act, 1881.
Suggestions Regarding the Liability of Corporations for the Torts of their Servants
Authors: Ashton-Cross D. I. C.
Published: January 2009

‘ … It is certain’, says Winfield, in writing of the liability for torts committed by servants of corporations, ‘that, whatever the law may be where the corporation has expressly authorised the commission of an ultra vires tort, no authority to the servant or agent to commit such a tort can be implied’ : and he illustrates his point by the well-known case of Poulton v. L. & S. W. Ry. Poulton, in terms of an arrangement which he had made with the railway company, was entitled to free carriage of a horse. At the end of the journey the local stationmaster demanded payment for the carriage of the horse; Poulton refused to pay, and the stationmaster detained him. The Court of Appeal held that the railway company was empowered to detain goods, but not persons, for non-payment of carriage; that accordingly they had no power to detain Poulton, even on the assumption that he had wrongfully taken the horse by train without paying; that there could be no authority for the arrest implied to the stationmaster; and that his employers were not liable for his tortious act.
Is the Prisoner's Character Indivisible?
Authors: Gooderson R. N.
Published: January 2009

“There is no such thing known to our procedure as putting half a prisoner's character in issue and leaving out the other half.” This observation fell from Humphreys J. in delivering the judgment of the Court of Criminal Appeal in R. v. Winfield (1939). The purpose of this article is to suggest that at common law this statement is not borne out by principle or by authority. The effect on the common law where the prisoner elects to go into the witness-box in exercise of the statutory opportunity created by the Criminal Evidence Act, 1898, will also be considered. The type of situation that arises is illustrated by Winfield's Case, where the facts, in brief, were that on a charge of indecent assault, W. put in issue his good character for sexual morality, and the prosecution in cross-examination proved his previous convictions for offences involving dishonesty. The court held that such cross-examination was proper. The question is whether the evidence of the good or bad character of the prisoner must be confined to the trait or traits relevant to the type of crime charged. It will be submitted that the evidence must be so confined. On an indictment for murder, evidence of the good or bad character of the prisoner for honesty will be inadmissible. Not only the crime charged but also the circumstances in which it is alleged to have been committed must be considered. If the murder is committed with a hammer, character for peace and quiet on the one hand and for violence on the other will be admissible, but not if it is a case of slow poisoning.
Res Gesta in Criminal Cases
Authors: Gooderson R. N.
Published: January 2009

Sir Frederick Pollock once said that the phrase res gesta meant in English neither more nor less than part of the story. This indicates that the idea behind this principle of the law of evidence is fundamentally a simple one, yet the present state of the law is such that a learned judge may confess without shame that he sees as through a glass darkly, and of the writers, Wigmore and Julius Stone, despairing of finding any firm basis for any such principle, favour a fresh start upon a different foundation or foundations. The general impression conveyed to lawyers is of an idea of great amplitude, and one fraught with tremendous possibilities. Lord Blackburn, a Victorian common lawyer, and Harman J., a modern Chancery judge, both jocularly advise any counsel seeking to obtain admission of a doubtful piece of evidence to pin his faith in res gesta. The feeling that at a pinch the doctrine might give some relief is not unjustified. Owing to the many exclusionary rules of the law of evidence, it is rarely possible to tell a plain tale in court. The importance of the res gesta principle is that where it applies it will nullify certain of these exclusionary rules. An act, a declaration accompanying an act, or a mere declaration may form part of the res gesta. Before qualifying for admission, all such evidence must satisfy the test of relevancy in the sense of materiality. In the case of an act, this is normally the only test, at any rate if the act is offered in evidence for its own sake, and not as equivalent to an assertion of fact or opinion.
Collateral Contracts
Authors: Weddebburn K. W.
Published: January 2009

“It is evident both on principle and on authority,” said Lord Moulton in 1913:

“that there may be a contract the consideration for which is the making of some other contract. ‘If you will make such and such a contract I will give you one hundred pounds,’ is in every sense of the word a complete legal contract. It is collateral to the main contract, but each has an independent existence, and they do not differ in respect of their possessing to the full the character and status of a contract. But such collateral contracts must from their very nature be rare.”
Demonstratio
Authors: Ashton-Cross D. I. C.
Published: January 2009

In the formulary system of classical law the praetor prescribed the form in which the issue should be submitted to the judex, in the sense that he approved the issues agreed by the parties. These issues would be embodied in a formula, but the praetor was under no duty to see that it correctly stated the dispute between the parties, and the possible defences. A judex having been appointed and the formula having been issued and accepted by defendantlitis contestatio took place, and the parties were bound by the formula as by a contract. The judex was instructed or authorised to proceed in accordance with the formula.
Prejudice as a Test of Intent to Defraud
Authors: Gooderson R. N.
Published: January 2009

When Lord Denning declares that a case decided in 1849 by a lower court is decisive to his mind, as his Lordship did of R. v. Toshack, in delivering judgment in the House of Lords in Welham v. D.P.P. (1960), it goes without saying that his Lordship is satisfied not merely that the old ruling ought to be followed out of deference to the maxim stare decisis, but also that despite the elapse of over a century it has remained appropriate under modern conditions. Yet the unanimous decision of the House of Lords that intent to defraud, the mental element required for forgery of a private document, may exist without an intent to inflict economic loss, is at variance with current academic opinion, expressed over the last decade. Writers had refused to accept the judicial view that there could be an intent to defraud, provided that a course of action was thereby induced, even though the deceit in question was not designed to result in any deprivation of property. The object of this article is to welcome the House of Lords' decision, as in accordance with the historical background of the law of forgery, both in England and in other countries that have been influenced by English principles, and further as based upon good sense. At least one critic is already pleading for legislation to change the decision, but even on this view there is something to be said for an attempt to examine the full implications of a decision that is in the meantime supremely authoritative.
The Changing Use of “Special Damage” and Its Effect on the Law
Authors: Jolowicz J. A.
Published: January 2009

The rules of the substantive law of damages on the one hand and the rules of pleading on the other ought to be kept strictly apart, for although a faulty pleading, if not amended in time, may dcprive a plaintiff of compensation for some part of his damage as effectively as a decision that the damage is too remote, the substantive law can only be rationally considered on the assumption that any case coming under discussion has been properly pleaded. It should follow, therefore, that the distinction between special and general damages is one solely belonging to the rules of pleading. If an item of special damage has been inadequately pleaded. or proved it cannot be recovered, but this is a consequence of failure to comply with those rules. It has no bearing on the substantive law whatever. It does appear, however, that there is at present some confusion as to the nature of the distinction between special and general damages and that this confusion is indirectly affecting the substantive law in certain types of case—notably actions for damages for personal injury.
The Norm in the Bottle
Authors: King B. E.
Published: January 2009

“Philosophy is a battle … to show the fly the way out of the fly bottle.” Wittgenstein

Introduction to Jurisprudence, by the Quain Professor of Jurisprudence in the University of London, is an important work by a widely read author which should leave its mark, for better or worse, on all subsequent textbooks of Jurisprudence published in this country. In the breadth of the literature drawn on; in the attempt to evolve a textbook for students from a combination of readings and commentary; in its limitation of topics, it explores new ground. Its incursions into contemporary philosophy make it improbable that a textbook on Jurisprudence will ever again be attempted in this country by a lawyer who does not also claim to be a philosopher.

Professor Jerome Hall, in his Readings in Jurisprudence (1938), omitted the traditional analyses of such particular subjects as property, ownership, tort and crime, as better left to the specialists in those subjects. Professor Edwin Patterson, in his Jurisprudence—Men and Ideas of the Law (1953), went one further and cut out the analysis of rights. This example is followed by Professor Lloyd, who is thus left only with sections on “Nature of Jurisprudence” and “Meaning of Law,” eight sections on the various theories of law and schools of writers, and a section on “Judicial Process.” Sore as is the need for the pruning of Jurisprudence as an examination subject it is suggested that this carries the process a little too far. It is based on no intelligible principle.
The Lawless Case
Authors: O'Higgins P.
Published: January 2009

On November 4, 1950, at Rome, thirteen member nations of the Council of Europe signed a Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of the Convention was to give practical effect to some of the ideals embodied in the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on December 10, 1948. In contrast to the Universal Declaration, which is a statement of long-term ideals having no binding force in law, the European Convention guarantees to everyone within the jurisdiction of the signatory states certain rights and freedoms defined in Section I of the Convention. Chief among these are the right to life; the right not to be subjected to torture or inhuman punishment; the right not to be held in slavery or servitude; the right not to be deprived of personal liberty save in certain specified circumstances; freedom of religion, thought and conscience; freedom of assembly and association; the right to marry, and the right to respect for private and family life. By a Protocol signed on March 20, 1953, three further rights were added, namely the right to property; the right to educate one's children in conformity with one's conscience, and the right to free elections. As one of the architects of the Convention, Sean MacBride S.C., former Irish Minister for External Affairs and subsequently counsel for the applicant in the Lawless case, has said:

“In effect, the Convention of Human Rights is a supranational constitution which binds the states accepting it to secure to all human beings within their jurisdiction the rights defined in the Convention.”
The Treatment of Breach of Contract
Authors: Devlin Lord
Published: January 2009

I want to start from the basic position in which I was brought up (I expect you were all brought up in it too) that the terms of a contract consist of conditions and warranties, the distinction between them being that the condition is something that is essential to the contract, while the other terms that are collateral or ancillary are merely warranties. If a condition is broken the aggrieved party is discharged from his obligations and can rescind the contract. If it is a warranty that is broken, the breach sounds only in damages.

The Hongkong case—a new approach to breach

The traditional thinking on this point has recently been rather mystified by references to something which is called the fundamental term and which has not yet, so far as I know, been judicially defined. Then there have been some suggestions that what matters is not the fundamental term but the fundamental breach. And finally there is the very important judgment of Diplock L.J. in the Hongkong case in which he opens up new vistas, suggesting that the traditional classification of terms into conditions and warranties has been outmoded and ought to be scrapped in favour of a new approach altogether based on the event.

It must be accepted that whatever sort of approach is made to this topic, whether a new or a traditional one, there must be some way of defining the situation in which the aggrieved party is entitled to rescind. He cannot be allowed to do so for every breach of every term.
Claim of Right and Dispute of Title
Authors: Gooderson R. N.
Published: January 2009

In the first part of this article, published in April, the avowed intent was to demarcate and emphasise the difference between the two kindred but separate defences of claim of right and dispute of title. The subsequent publication of the eighth report of the Criminal Law Revision Committee on Theft has shown that the defence of claim of right is to be left untouched by the sweeping proposals contained in the report, and that consequently the subject of this article will not become a mere academic exercise, but will remain a matter of practical importance even if the recommendations are adopted.

The earlier part of this article was primarily devoted to an attempt to isolate the meaning of title, the type of dispute that will lead to the exclusion of the jurisdiction of justices. It was noted that this procedural defence of dispute of title springs from a rule of statutory interpretation that it is always open to the legislature to exclude or modify. Passing reference has already been made to two famous modifications of the defence, in statutes providing for summary trial of assault and battery and malicious damage respectively. These enactments will now be examined in detail. Their special relevance for the object of this article is that the two cases on assault and battery show in the first place that, leaving aside the difficult question whether dispute of title should be extended to disputes as to title to personalty, even within the acknowledged prohibited sphere of disputes as to title to real property, criminal courts can be singularly slow to appreciate that a title to real property of an incorporeal kind is at stake.
Western Postclassical Schools
Authors: Volterra Edoardo
Published: January 2009

It is an established fact that when historical research in Roman Law turned to work on the Justinian compilation with the object of distinguishing in it Classical Law from Byzantine Law, scholars were immediately struck by the profound difference which survives between these two epochs.

In fact, the comparison between private law, such as it still appears in the writings of the late jurists of the Severian period and rescripts of Gordian and Diocletian, and the system of private law applied in the Justinian compilation, shows a profound change, not only in the institutions, but also and above all in the spirit of the system. This system appears influenced by elements and conceptions absolutely unknown to the Classics.

How has it happened? That is the question that scholars put to themselves when the study of the sources permitted, and it made felt the need of a broader survey which would embrace the evolution of Roman Law and which could formulate the manner of this evolution.

At first they had the tendency to attribute all substantial and formal innovations to Justinian's compilers, and consequently, to attribute to the Byzantine Emperor the greatest work of legislation which history records.

It was the time when Bluhme's theory on the formation of the Pandects and on the method followed by the compilers was accepted entirely, and was considered a demonstration of the dominant doctrine.

It was the time when in the work full of life of Hofmann the scholars saw only the most brilliant part, it is true, but also the weakest and the most fanciful, without at the same time perceiving the profound truth conceived by intuition and affirmed with a happy historical sense by this man of genius.
Evidence Excluded by Considerations of State Interest
Authors: Simon J. E. S.
Published: January 2009

A Wife petitioned for divorce on the ground of cruelty. The husband denied that he had been guilty of cruelty; and in his answer alleged that the petitioner had been guilty of adultery. The husband was a regular soldier of non-commissioned rank; and an issue in the case related to the circumstances in which the wife was received by the husband on her arrival at his station at Hongkong. There had been at Hongkong a representative of the Soldiers, Sailors and Air Force Families Association (SSAFA), a Mrs. Allsop. Differences had arisen between the husband and wife, and her good offices were invoked. She had made written reports of the case to her head office.

Before the hearing of the suit the solicitors for the wife had caused to be issued two subpoenas. The first was a subpoena ad testificandum directed to Mrs. Allsop. The second was a subpoena duces tecum addressed to the Secretary of State for War, relating to letters, copies of letters, memoranda and records made by SSAFA concerning the petitioner and respondent. The reason for the second subpoena being directed to the Secretary of State for War was that, for some reason which was left obscure, all the relevant SSAFA documents had come into the possession of the War Office. Counsel was instructed for the Crown, and he produced a certificate by the Secretary of State for War. This stated that, having read the correspondence and notes covered by the subpoena duces tecum addressed to him, he was of opinion that it was not in the public interest that the documents should be produced.
Consolidation as a Root of Title in International Law
Authors: Johnson D. H. N.
Published: January 2009

Although the rules of international law relating to the acquisition of title to territory have long been substantially clearer than most rules of international law, this clarity has to some extent been obscured by the efforts of writers to make them clearer still. The clarity of the rules is due to the circumstance that this branch of international law—unlike some branches—is one on which international tribunals have frequently been called upon to pronounce. It has, in fact, been elucidated to an unusual degree by a relatively small number of recent and authoritative judgments. The obscurity arises from the fact that the terms and classifications traditionally employed by the writers have not to any great extent been followed by the courts in modern times. No comprehensive attempt to overhaul the traditional doctrine on the subject in the light of the recent decisions seems so far to have been made.
Mistake in the Law of Theft
Authors: williams Glanville
Published: January 2009

A person who receives property under an apparent contract of sale can be guilty of theft of what he receives if the contract is void, for mistake or otherwise. It seems, since the decision of the House of Lords in Lawrence, that a person who obtains a voidable title (title under a voidable contract) can be similarly guilty (assuming, as always, that the other essentials of theft are present). I argue else where that a person who obtains a valid title to property generally does not by doing so make a dishonest appropriation (even though he may be morally dishonest), and should not be guilty of theft. The object of this article is to consider the way in which these principles apply to transfers made under mistake.

In Lawrence the defendant's title to the money was voidable for fraud, which induces a degree of mistake by the transferor; but other sources of mistake are possible. The transferor may make a spontaneous mistake, or a mistake resulting from the transferee's innocent misrepresentation, without fraud.

Three legal results can follow from a mistake in transferring property, according to circumstances.

(1) The mistake may avoid the transaction, preventing title from passing. The transferee can be guilty of theft of the property on ordinary principles, that is to say by applying the definition in section 1 (1) of the Theft Act 1968.

(2) The mistake may make the transaction voidable, so that a voidable title passes. Precisely when the transferee commits theft is a complex question, which will be postponed for the time being.
A Ramble withRes Ipsa Loquitur
Authors: Lewis T. Ellis
Published: January 2009

In this preliminary article it is not intended to deal with the maximres ipsa loquiturin its manifold ramifications but to consider its origin and development, the requirements for its application, some reasons for its complexities, and its broad effect in English law.
The European Court of Human Rights and the Protection of Civil Liberties: an Overview
Authors: Gearty C.A.
Published: January 2009

It is doubtful whether there is a more famous court in Europe than the European Court of Human Rights. The town in which it is located, Strasbourg, has become a rallying cry for disappointed litigants from Iceland to Istanbul. Through its application of the European Convention on Human Rights, the Court is seen to have played an important role in the protection of individual freedom in western Europe, and its case-law has ballooned dramatically in recent years. So successful has it been that the Court's jurisdiction is coveted by the newly emerging democracies in eastern and central Europe as a badge of legitimacy and a bulwark against future tyranny. Hungary, Czechoslovakia, Poland and Bulgaria already have judges on the Court and representatives from Estonia, Latvia and Lithuania are expected in the not too distant future. There is even talk of Russian membership. Moves are afoot to rationalise the Court's procedures, and to incorporate its law within the European Community.1Some- time in the next few years it will have a fine new building, designed by Sir Richard Rogers. All the signs are that its jurisprudence will continue to grow at a hectic pace. It is not improbable that the Court will emerge over time as a supreme court of Europe, at least so far as human rights are concerned.