bluuebunny/crossref_metadata_2025 huggingface dataset:
The Law of Money and Financial Services in the EC
Authors: Usher J A
Published: November 2023

This book relates the development of economic and monetary union in the EC to the development of the single market for financial services. The new edition fully reflects the institutional and legal consequences of the achievement of economic and monetary union in 1999, while taking account also of the continuing flow of Community legislation and case-law in the area of financial services. The transparency resulting from monetary union has shown problems of taxation to be a barrier to market integration, and this is reflected in a new Chapter. On the other hand, this an area in which variable geometry has become a legal reality, and this also is reflected in a new Chapter of the book.
Money in the context of the EC Treaty
Authors: Usher J A
Published: November 2023

The Treaty on European Union signed at Maastricht made detailed and complex amendments and additions to the EC Treaty for the purpose of creating Economic and Monetary Union. By contrast, the Treaty of Amsterdam, signed in 1997 and entering into force in May 1999,just after the start of the third stage of Economic and Monetary Union, did not amend any of the provisions relating to Economic and Monetary Union. There were, however, contemporaneous important non-Treaty developments, notably the enactment of Council Regulation 1103/971 on certain provisions relating to the introduction of the euro. The term ‘euro’ is nowhere to be found in the EC Treaty, but at the meeting of the European Council in Madrid on 15 and 16 December 1995, the decision was taken that the term ‘ECU’ used by the Treaty to refer to the European currency unit was a generic term, and the Governments of the fifteen Member States reached a common agreement that this decision was ‘the agreed and definitive interpretation of the relevant Treaty provisions’ and that the name of the European currency should be the ‘euro’. Thus, without changing the Treaty, the Treaty term was changed.
Cross-border financial services: the Treaty rules
Authors: Usher J A
Published: November 2023

The extent to which an undertaking operating in the financial services sector in one Member State may develop a business presence or sell its financial products in other Member States involves the EC Treaty rules on free movement of persons and freedom to provide services. Before its judgment in the German insurance case,1 the Court seems generally to have avoided drawing a clear distinction between the Treaty terms free movement of workers, freedom of establishment, and freedom to provide services. However, it is suggested that there is little that is specific to fo1ancial service institutions with regard to the free movement of workers,2 although employees sent by their employer into another Men1ber State to help perform a contract there or to sell their employer’s financial products appear to fall within the scope of the freedom to provide services rather than that of the free movement of workers.3
The development of monetary union
Authors: Usher J A
Published: November 2023

The notion of creating monetary union within the European Community has a long history. In December 1969, at the end of the original transitional period, a meeting of Heads of State or Government (now known as the European Council) decided that a plan should be drawn up with a view to creating an economic and monetary union,1 and in March 1970 a committee was set up under the chairmanship of the Luxembourg Prime Minister, M. Werner, to draw up a report on the basic issues by the end of May. This Report2 reached the fundamental conclusion, repeated by the Delors Committee in 1989,3 that in an economic and monetary union ‘the Community currencies will be assured of total and irreversible mutual convertibility free from fluctuations in rates and with immutable parity rates, or preferably they will be replaced by a sole Community currency’.
The ‘ins’ and the ‘outs’
Authors: Usher J A
Published: November 2023

With hindsight, it can be seen that the Maastricht Treaty introduced two different forms of flexibility or differentiated integration. The Social Protocol took the form of permission by all the Member States to a group of Member States to use Community institutions and legislation, which can be seen as the precursor of the general provisions on ‘closer co-operation’ in the Amsterdam Treaty. On the other hand, the provisions on Economic and Monetary Union provide for some Member States to receive opt-outs or derogations from binding Treaty obligations, and thus provide the model for the new Title of the EC Treaty on visas, asylum, and immigration introduced by the An1sterdam Treaty. In the case of Monetary Union, the situation arises not just from the special treatment accorded to the UK and Denmark by special Protocols, but also from the fact that it was appreciated that not all Member States would meet the strict criteria for economic convergence laid down as the precondition for participation in the monetary union; such States are referred to as ‘Member States with a derogation’.1 The EMU provisions are also different in nature from the general provisions on closer co-operation in that under art. 11(1)(a) of the EC Treaty, closer co-operation must not concern areas which fall within the exclusive competence of the Community. On the other hand, in the third stage of economic and monetary union, matters such as monetary policy and exchange-rate policy have become areas where those participating in a single currency cannot have divergent national policies and which may be regarded as a matter of exclusive Community competence irrespective of the number of Community rules introduced. Indeed, art. 4(2) expressly states that there shall be a ‘single’ monetary policy. It is also suggested that here, as in the fisheries sector once the deadline for the introduction of the common fisheries policy had expired,2 participating Member States will be regarded as acting as agents of the Community: a situation effectively institutionalized in the European System of Central Banks. Intriguingly, however, it has become a matter of exclusive competence only for those who participate.
External monetary relations and influences
Authors: Usher J A
Published: November 2023

In the modern world the Community cannot be treated in isolation in respect of monetary policy. Although many of the amendments to the EEC Treaty effected by the Single European Act were intended to facilitate the completion of the internal market by the end of 1992, a more outward–looking view is discernible in the amendment of art. 70(1) of the EEC Treaty by the Single European Act. This enabled the Council to enact legislation concerning the movement of capital to and from non-Member States by a qualified majority, except in so far as such measures might constitute a step backwards from the existing level of liberalization, in which case unanimity would be required.
Lord Goff’s Contribution to the Law of Restitution
Authors: Jones Gareth
Published: November 2023

Robert Goff’s career has been a remarkable one: a distinguished academic record, culminating in a Tutorial Fellowship at Lincoln College Oxford, 1951-55; a successful practice at the commercial Bar; a judge of the High Court, 1975-82; a Lord Justice of Appeal, 1982-86; and from 1986 to September 1998 a Lord of Appeal in Ordinary—and last, but not least, a jurist of distinction. Although most of his professional life has been spent in King’s Bench Walk and in the courts, he has kept abreast of academic writing and has frequently expressed his indebtedness to the contributions of jurists, while retaining a characteristically independent vision.
Perfection of Security Interests
Authors: Ali Pau
Published: November 2023

Perfection refers to the steps that must be taken, generally in addition to those required for the attachment of a security interest, to assure the priority position of a security interest. While the requirements for the attachment of a security interest are substantially similar in England and Wales, Australia, Canada and New Zealand, the concept of perfection that applies in the first two jurisdictions differs markedly from that recognised in the last two.
Enforcement of Security Interests
Authors: Ali Pau
Published: November 2023

In England and Australia, whether one or more of the above remedies is available depends upon the nature of the security interest held by the secured party (ranging from a contractual lien which confers only a passive right to withhold possession to a legal mortgage under which all of the above remedies are available).
Cross-Border Security Interests
Authors: Ali Pau
Published: November 2023

The UNCITRAL and UNIDROIT Draft Conventions are, broadly speaking, designed to displace the domestic law of the contracting States applicable to cross border or international interests subsisting in specific types of property where the grantor of the interest is located in a contracting State. Although the two Draft Conventions are still in draft form, the current versions of each convention are far removed from preliminary drafts. Accordingly, it is possible to discuss, with some confidence, the nature of the regimes being proposed by UNCITRAL and UNIDROIT.
Regulatory Competition in the US Federal System: Banking and Financial Services
Authors: Macey Jonathan R
Published: November 2023

In this chapter, I will discuss the concept of federalism in the banking and financial services sectors from the narrow, and rather peculiar, way that the term ‘federalism’ is used to describe the contemporary federalist system of government in the United States. As I have observed before, federalism generally describes ‘the complex relationship between the states and the federal government’ (Macey 1990: 265). In principle, federalism ‘restricts economic policymaking via limits on the discretion of government’ (Weingast 1995: 3; Oates 1972; Tiebout 1956: 416-24). A properly functioning system of federalism appears to be highly correlated with economic success. As Barry Weingast (1995: 3) has observed, for much of the world’s history over the past 300 years ‘the richest nation on earth has had a federalist structure’.1
Regulatory Competition for EU Financial Services
Authors: Hertig Gérard
Published: November 2023

The European Union could be caricatured both as a regulatory colossus of world wide stature and as an entity that is more or less irrelevant in the area of banking and financial services, its choices being dictated by either global international organizations or powerful member states. As always, there are some elements of truth in the caricature. However, it would be wrong to pay too much attention to the regulatory status of the European Union as it is perceived today. In the first place, the European Union has recently undertaken many institutional and regulatory reforms that are only now beginning to have a practical impact. Second, the financial services1 industry is being fundamentally reshaped, due to the globalization of world trade, technological development, and increased competition.
Young Persons, Criminal Proceedings and Open Justice—A Comparative Perspective
Authors: Cram* Ian
Published: November 2023

In recent years, media freedom to identify children and young persons involved in criminal proceedings has been both enlarged and diminished. On the one hand, the media have benefited from the acceptance by Parliament and the judges of the notion that certain classes of young offenders should be publicly identified. To this end, amendments to section 49 of the Children and Young Persons Act 1933 (the 1933 Act) inserted by the Crime Sentences Act 1997 allow for restrictions on the identification of a child/young person convicted of an offence in the Youth Court to be lifted where ‘a court is satisfied that it is in the public interest to do so’. Guidance from the Home Office and Lord Chancellor’s Department has stated that the intention behind this provision is to allow a young person to be named upon conviction either where a serious offence has been committed or where the offending is of a persistent nature or has impacted on a number of people in the community.
International Developments in Copyright Law 1998–9
Authors: Coulthard Janine
Published: November 2023

The main action on the international copyright scene in the last eighteen months or so has centred around the European Commission’s proposal for a directive on the harmonization of certain aspects of copyright and related rights in the information society. Neither the World Intellectual Property Organization (‘WIPO’) Copyright Treaty (the ‘WCT’) nor the WIPO Performances and Phonograms Treaty (the ‘WPPT’), both concluded in Geneva on 20 December 1996, has yet entered into force; WIPO hopes to achieve this by 2001 or 2002. WIPO is also working towards the adoption of new instruments and treaties in respect of the protection of (i) audio-visual performances; (ii) the rights of broadcasting organizations; and (iii) databases.
Developments in the Law Relating to Remedies in Practice and Procedure
Authors: Bate Stephen
Published: November 2023

The new Civil Procedure Rules (‘CPR’) were introduced on 26 April 1999. The effect of the new rules on disposal of copyright claims is yet to be seen, although the philosophy behind the rules had already begun to have an effect prior to that date.
The European Convention on Human Rights and Media Law
Authors: Schiffrin Natalia , Turner Suzanne
Published: November 2023

With the coming into force of the Human Rights Act of 1998 on 2 October 2000, the European Convention on Human Rights gains a critical status in the English, Scottish, and Northern Irish legal systems. Convention rights will now be directly enforceable in United Kingdom courts.
The Client Service Chain
Authors: Susskind Richard
Published: November 2023

In Chapter 1, I said I would introduce two models to help explain and clarify, in practical terms, the way in which the Internet is transforming legal practice. The first model, which was the focus of the previous chapter, was The Grid. The second model, to which I now turn, is what I term the ‘Client Service Chain’. With these two models to hand, I hope lawyers will be able to think in a more structured and systematic way about the way in which the law, legal institutions, and legal services are being transformed by information technology. I also seek to go further in this chapter, in two ways. First, I try to explain the way in which ‘disruptive technologies’ are shaping the new legal economy; with new players (especially the global accounting firms) poised to capture a considerable share of the legal marketplace. And, second, I close the chapter with a series of practical suggestions intended to help lawyers participate effectively in the transformation of legal service that is the central theme of this book.
Expert Systems in Law: From Theory into Practice
Authors: Susskind Richard
Published: November 2023

This chapter builds on the previous two, by linking the theoretical side of expert systems in law with the practicalities of implementation. We are concerned once again, therefore, with a type of computer system that can be said to solve legal problems and offer legal advice. The first part of the chapter offers a non-technical introduction to artificial intelligence and expert systems, while the second provides a theoretical defence of the field of expert systems in law. The third part is practical in orientation, describing an expert system that operates on the English law on latent damage. This system is thought to have been the world’s first commercially available expert system in law, properly so-called. The final part presents some concluding observations.
IT and the English Civil Justice System
Authors: Susskind Richard
Published: November 2023

I am often asked about the various public sector projects with which I have been involved, especially those that relate to the civil justice system in England and Wales. What have been the most significant initiatives? How do they relate to one another? And how do they bear on the use of IT by practitioners? To answer these and other questions, I have written this personal perspective on past, current, and future uses of information technology in the civil justice system of England and Wales. I start with a brief historical analysis that identifies some key events in the development of IT-based civil litigation: the founding of the Society for Computers and Law in 1973; the establishment of the ITAC committee in 1985; and the innovations in the Official Referees Courts in the early 1990s. I suggest thereafter that in the decade from 1994 the major influence in the development of IT for the civil courts will be Lord Woolf’s Access to Justice Inquiry and its various recommendations on IT (summarized in this article). I then show that the Bowman Report on reform of the Civil Division of the Court of Appeal encourages and develops similar applications of IT.
The Computer Judge: Early Thoughts
Authors: Susskind Richard
Published: November 2023

Lurking near the surface of many debates about computers and legal reasoning lies the profound question of whether or not computers might ever replace judges. A little further investigation reveals a wide array of difficult issues: some technical; others philosophical; and still others social. Is it technically possible for the behaviour of judges to be simulated computationally? Is judicial legal reasoning deductive in nature? Even if it might become possible for computer systems to replace judges, would this ever be desirable? I have found such questions raise ideal issues for discussion at postgraduate seminars. When first published, this chapter was an early attempt by me to explore but one set of related topics—the jurisprudential ones. I did so, as will be seen, in the context of reviewing (quite harshly, in retrospect) a provocative book which, in my view (then and now) proposed an untenable model of the notion of a computer judge.
The European Court of Justice’s Case Law on Freedom to Provide Services: Is Keck Relevant?
Authors: Roth Wulf-Henning
Published: November 2023

For a long time the conventional view had it that the interpretation of the basic freedoms should follow different lines:1 whereas Article 28 (ex 30) EC—the free movement of goods—was to be considered as a far-reaching prohibition of any measures restricting the import of goods, whether indistinctly applicable or not, the provisions on the free movement of persons—workers, establishment and services—were regarded as a mere expression of the general principle of non-discrimination on grounds of nationality as set forth in Article 12 (ex 6) EC.2
Private Parties and the Free Movement of Goods and Services
Authors: Snell Jukka
Published: November 2023

It is unequivocally clear that the Member States are not allowed to adopt measures restricting trade in goods or services. The main purpose of the Treaty provisions on the free movement of goods and services is to abolish restrictions created by Member States, and the great majority of cases and Community legislation have been aimed at dismantling barriers erected by public authorities. What about measures adopted by private parties? Are they bound by Articles 28 (ex 30) and 49 (ex 59) of the Treaty?
Localization of Financial Services: Regulatory and Tax Implications
Authors: Dassesse Marc
Published: November 2023

A fundamental difference between the international trade in goods and the international trade in financial services is that no one has ever seen a financial service cross a border.
The Liberalization of Interstate Legal Practice in the European Union: Lessons for the United States?
Authors: Goebel Roger J
Published: November 2023

Since the mid-1970s, the European Union (EU)1 or, more precisely, its core element, the European Community (EC),2 has recognized and protected more liberal rights for lawyers to engage in interstate practice than does the USA. In the last 25 years, a combination of legislation and case law of the European Court of Justice3 has steadily expanded the recognized level of interstate legal practice rights.4
Constituent Linking Between Conceptual Structure and Syntactic Structure
Authors: Hellan Lars
Published: November 2023

Accepting Jackendoff ‘s (1987c, 1990) proposal that the semantic correlate of an NP-occurrence is not a single thematic role (as claimed in Chomsky ‘s 1981 ‘Theta-criterion ‘), but a set of co-indexed argument positions in conceptual structure (the ‘Revised theta-criterion ‘), this chapter seeks to establish a non-arbitrary basis for this type of co-indexation (called ‘conceptual indexing ‘). It is proposed that, on the one hand, the presence or absence of conceptual co-indexing reflects lexical meaning, and on the other, a difference in compositional semantics according to whether, when two predicative items (such as a verb and a directional adverb) combine, one item fits into the semantic structure of the other (called ‘conservative combination ‘), or the two items fit into a structure inherent in neither of them ( ‘radical combination ‘). Conceptual indexing is distinguished from referential indexing (relevant in discourse structure) and from ‘binding indexing ‘ (relevant in the syntactic representation of anaphora).
Developing Relations
Authors: Gasser Michael , Colunga Eliana , Smith Linda B
Published: November 2023

Relations lie at the center of humankind ‘s most intellectual endeavors and are also fundamental to any account of linguistic semantics. Despite the importance of relations in understanding cognition and language, there is no well-accepted account of the origins of relations. What are relations made of? How are they made? In this chapter we address these questions. First, we consider past proposals of how relations are represented and the implications of these representational ideas for development. Second, we review the developmental evidence in the context of five psychological facts about relations that must be explained by any account of their origin. This evidence suggests that relational concepts are similarity based, influenced by specific developmental history, and influenced by language. Third, we summarize Gasser and Colunga ‘s Playpen model of learning relations. This connectionist model instantiates a new proposal about the stuff out of which relations are made and the experiences that make them. Finally, we outline how the model explains the five psychological facts and consider the implications of this model or one of the questions addressed in this volume, the interface between conceptual structure and spatial representation.
Convergence and Divergence in the Development of African Languages
Authors: Heine Bernd , Kuteva Tania
Published: November 2023

In the present chapter a bird’s-eye view of some problems associated with contri butions to the linguistic history (or prehistory, as some would say) of Africa is offered. It has been stimulated by recent contributions on linguistic methodology, especially by attempts to relate linguistic findings to more general observations on the evolution of the human species. The conclusion reached is that contact induced language change and the implications it has for language classification in Africa are still largely a terra incognita.
What Language Features can be ‘Borrowed’?
Authors: Curnow Timothy Jowan
Published: November 2023

One of the issues which always arises in discussions of language contact is the question of which features can be transferred (or ‘borrowed’) from one language to another. The one definite conclusion which almost every examination of language contact has inevitably come to is that expressed by Thomason and Kaufman (1988: 14): ‘as far as the strictly linguistic possibilities go, any linguistic feature can be transferred from any language to any other language’. Indeed, it is obvious without the need for examination of any data that, if no constraints are placed on the languages in question, any linguistic change which can occur must be transferable from one language to another. A community which speaks ‘a language’ does not wake up one morning having changed a feature of that language. Instead, the change spreads from an original point of innovation throughout the language community — that is, a linguistic feature is transferred from one language, that of speaker A, to ‘another’ language, that of speaker B (cf. Milroy 1997, especially 315 − 17). While the’languages’ of different speakers within a single language community are clearly very closely related, there is no obvious boundary beyond which ‘borrowing’ should not be considered to take place: is it borrowing if it occurs between two dialects of a language, is it borrowing if it occurs between two closely related languages, is it borrowing if it occurs between two unrelated languages, and so on.
Making the diagnosis
Authors: Baron-Cohen Simon
Published: November 2023

The diagnosis of autism and Asperger syndrome is often carried out by a multidisciplinary team, typically taking 2 or 3 hours, based on interview and observation. Classic autism is thankfully usually diagnosed by the age of 3, and can be diagnosed as young as 18 months. Asperger syndrome is often not diagnosed until at least 6, and often much later than this, including late diagnosis in adulthood.
Achieving service development by implementing strategy
Authors: Heginbotham Chris , Williams Richard
Published: November 2023

In the previous chapter, this book identified the three core strategic processes of formulation, implementation, and monitoring. In this chapter, we consider how the processes presented graphically in Fig. 3.1 are conducted in practice. Unapologetically, we take a no-nonsense approach to strategy. As in the last chapter, we aim to bring core matters of strategic behaviour in the public sector together with awareness of the position of child and adolescent mental health services (CAMHS) that has already been sketched in the opening two chapters. This chapter establishes some key principles and certain good practice rules and considers briefly the four aspects of strategic vision, leadership, planning, and implementation. The discussion then: turns to the key elements of a transformational approach to management of services run for human beings by human beings within this strategic framework;
A strategic framework for child and adolescent mental health services
Authors: Richardson Greg
Published: November 2023

The necessity for a strategy for Child and Adolescent Mental Health Services (CAMHS) has been detailed in the previous chapters, as have the complexities in developing a strategy within health services that is compatible across different statutory agencies. However, the well-being of children, and the adults they develop into, demands that these complexities are addressed and a clear strategy developed through formulation, implementation, monitoring, and review, much like any sound audit process. In England the national vision for CAMHS improvements is set out in Improvement, expansion and reform: the next three years priorities and planning framework 2003–2006(Department of Health 2002). This document, along with The Child and Adolescent Mental Health Service (CAMHS) Grant Guidance 2004–05(Department of Health 2004) and the Emerging Findings on CAMHSfrom the National Service Framework for Children (Department of Health 2003a) point the way to how CAMHS should develop in line with local strategic plans.
VBM2: a collaborative values-based model of healthcare decision-making combining medical and management perspectives
Authors: Fulford KWM (Bill) , Benington John
Published: November 2023

In a book uniquely combining medical and management perspectives on child and adolescent psychiatry, a chapter on ‘ethics’ would not be out of place. This chapter is not about ethics. It is about the broader concept of values. More precisely, it is about what one of us has called else-where values-based practice (Fulford 2004). Many of the problems between practitioners and managers in healthcare, we will suggest, arise from (largely unacknowledged) differences of values. Values-based practice offers practitioners and managers a set of theoretical principles and practical skills (summarized in Fig. 5.1) that allow them to build on the differences of values between them as a positive resource for healthcare decision-making.
Partnerships between health and local authorities
Authors: Kerfoot Michael
Published: November 2023

The issue of what constitutes a child or adolescent mental health problem is difficult to determine. Concepts of health and illness are influenced by, among other things, physical, psychological, and social processes, and are dynamic and subject to change. Mental health problems arise from diverse sets of circumstances and from widely varying contexts. Often a problem can be detected through changes in a child’s emotional state (increasing anxiety or distress) or through changes in behaviour towards other people or property. Features of a problem that facilitate the assessment and understanding of what is happening include the intensity and seriousness of the problem, its frequency of occurrence, its duration over time, and its effects on the child and those close to the child. When mental health problems become severe, persistent, or associated with other problems, they may be referred to as a ‘disorder’. A mental disorder is, therefore, a mental health problem that has become severe or persistent, and seriously disrupts normal functioning.
Client groups that challenge services Suicide and deliberate self-harm
Authors: Kerfoot Michael
Published: November 2023

In general, suicidal behaviour is made up of two separate phenomena but with a marked degree of overlap between them. In one group can be included those individuals who intentionally kill themselves (suicide), or who harm themselves with the clear intention of ending their lives, but who unexpectedly survive (attempted suicide). In the other group are those who intentionally harm themselves but in the reasonably secure belief that death will not result from their action (deliberate self-harm). However, just as some suicides survive their actions, so some acts of deliberate self-harm do have a quite unintended fatal outcome.
Children and adolescents who have chronic physical illness
Authors: Shooter Michael
Published: November 2023

Our picture of childhood is a rosy one—of carefree good health, interrupted occasionally by minor illness; of innocent peer group play and academic achievement. Not for children the degenerative diseases of later life, of shrinking cognitions, restricted mobility, and a world shut down to the ambulance and the hospital bed. Yet some 10–20% of children will now develop a chronic, physical illness by the age of 18, illness that will affect them for long periods of time, waxing and waning through life; illness that can be ‘managed’ but not cured (Eiser 1990).
Children ‘looked after’ by the state
Authors: Kerfoot Michael
Published: November 2023

The Children Act 1989 was arguably the most comprehensive and far-reaching piece of legislation that Parliament had ever enacted in relation to children. Its effects on the future organization, planning, provision, and delivery of services for children and their families was profound, as were its effects upon other agencies having responsibilities towards children. For example, the Act has had important implications for the organization of child and adolescent mental health services, and for the work of child psychiatrists (Harris-Hendricks and Black 1996).
Developing Tier 1 services
Authors: Bower Peter , Macdonald Wendy
Published: November 2023

The NHS Health Advisory Service (HAS) proposed a four-tier model of child and adolescent mental health services (CAMHS) (NHS Health Advisory Service 1995). Tier 1 was defined as ‘agencies that offer first line services to the public and with whom they make direct contact’ (p. 135). Included in this definition are general practitioners (GPs) and health visitors (HVs), teachers, school nurses, and school medical officers, social workers, and other workers from the statutory and voluntary agencies.
Consultation: more than talking about talking?
Authors: Brazier Anna , Gale Fiona
Published: November 2023

Consultation has been offered as part of childrens’ mental health services at least from the time of the child guidance movement. Robin Skynner commented on the value of offering consultative services in his address to a London Child Guidance Inter-Clinic conference in 1967 (Skynner 1967): ‘Through consultation—we increase the capacity of others to carry a share of the treatment load’ and to ‘illuminate the social, psychological and psychiatric aspects of problems they [front line staff] meet in the course of their own work’ (p. 50).
Clinical classification of CAOS systems
Authors: Picard F , Moody James E , DiGioia III Anthony M , Jaramaz Branislav
Published: November 2023

Emerging CAS systems for the hip and for the knee already include multiple applications in adult reconstruction and trauma surgery. Following an extensive survey of the literature regarding the classifications of computer-assisted systems, we have set out a general scheme to classify computer-assisted hip and knee systems currently in use or under development.
Surgical Navigation Systems
Authors: Jaramaz Branislav
Published: November 2023

Preoperative-model systems rely on three-dimensional preoperative images (CT or MR) for surgical planning and navigation. In most cases images are processed so that the 3D models of bones can be viewed in a perspective view from an arbitrary viewpoint, in addition to cross-sectional views through the scan volume. During the preoperative planning phase the elements of surgical intervention are specified relative to the preoperative medical image, and the derived 3D bone models. In most cases, it is necessary to define the anatomic landmarks and bone reference systems first, and use them as a basis of the preoperative plan.
Total Knee Replacement: Robotic Assistive Technique
Authors: Siebert W , Mai Sabine , Kober Rudolf , Heeckt Peter F
Published: November 2023

Total knee replacement (TKR) has become the standard procedure in the management of degenerative joint disease after more conservative therapy options have been exhausted. However, despite conscientious planning and carefully performed procedures, surgeons are often unsatisfied with implant alignment. Various authors described significant axial or rotational malalignment, and mediolateral and ventrodorsal tilt.1–4 Seemingly small displacements of 2.5 mm potentially alter the range of motion by as much as 20°.5 Correct tibiofemoral alignment seems to be particularly important since it is generally agreed that axial deviation and imprecise implantation may lead to early loosening of implant components.
Social Context
Authors: Brennan James , Moynihan Clare
Published: November 2023

In this chapter we want to use a sociological approach to aspects of cancer care and focus on what the ‘social’ may mean in that context. By ‘social’ we allude to the personal and biographical context of a person, and to the conceptual issues that underpin the ways we ‘see’ and care for people with the disease. For example, we seldom approach our work by looking at the ways in which wider socio-economic and political forces impinge on provision of care and the ways in which we, the service providers, may be influencing the ways that people with cancer respond. Instead, we have tended to focus on the individual; on finding the ‘fault’ of ‘sickness’ or pathology within the person, and it is usually women, for it is they who have in the majority, been the recipients of research. Cancer ‘patients’ cope ‘well’ or ‘badly’, the assumption being that ‘dysfunction’ can be treated by individualized psychological support. A cancer patient will return to a ‘normal’ state or learn to deal with illness in the ways that medicine dictates. This individualized approach fails to take into account that distress or ‘coping’ can only be fully understood in the context of its experience.
The science of dialysis: osmosis, diffusion and semipermeable membranes
Authors: Cameron J Stewart
Published: November 2023

We must now step back to earlier in the nineteenth century to review what was happening with regard to the eventual removal of these potentially toxic substances. Since the basis for all forms of dialysis is diffusion, the development of this field was the second necessary prerequisite for the idea of clinical dialysis to emerge.

The Frenchman René Henri Joachim Dutrochet (1776–1847) (Fig. 4.1) has some claim to be considered as the intellectual ‘grandfather’ of dialysis [1,2]. Dutrochet was born into a noble family and suffered from a club foot, only later treated by a local healer.
The spread of dialysis technology for acute renal failure (1947–1960)
Authors: Cameron J Stewart
Published: November 2023

Given the background and initial scepticism about this novel form of treatment, what was the impact around the world from 1947 onwards, after the first pioneer descriptions of haemodialysis?

Even in the Netherlands, there was strong opposition to the use of the artificial kidney, although another Kolff kidney was used in Nijmegen in 1947 by Drs Enneking and Geelen [1]. This opposition was led by the influential Professor J.G.G. (Geed) Borst (1902–1975) of Amsterdam (see Fig. 10.2c) who advocated conservative dietary and electrolyte management of uraemia using ‘Dutch gruel’ [2] (water, custard powder, sugar and butter providing 1750 kcal daily with no nitrogen), and did not believe that lives could be saved by dialysis. Borst boasted that their artificial kidney—donated by Kolff—was rusting in the attic unused, because it was not needed [2]. Such was the opposition to his ideas in the Netherlands that in 1950 Kolff emigrated to Cleveland in the United States. Dialysis continued only in Rotterdam, where Kolff ‘s pupil E.E. Twiss used an Alwall dialyser. Only in 1959 was dialysis re-introduced to Amsterdam by William Drukker.
New designs of artificial kidney
Authors: Cameron J Stewart
Published: November 2023

Clearly the original artificial kidneys of the pioneer dialysers required improvement, and even in its Brigham and Usifroid forms, the rotating drum kidney still retained most of its unpleasant characteristics for both patient and physician. Design of dialysers at this time was essentially empirical, even though Kolff had used in vitro data to decide on how large his dialyser should be, as early as 1940. However, the goals of high blood and dialysis flow rates, countercurrent flow and turbulence in the blood and dialysate compartments had been worked out very early. Now in 1950, the process of a more formal kinetic analysis of dialyser performance began with the key papers of Wolf [1,2], almost all involving the study of the removal of urea, both because of its quantitative importance and ease of measurement, but despite its doubtful role in uraemic toxicity.
The role of dialysis technology in the founding of nephrology
Authors: Cameron J Stewart
Published: November 2023

During the first half of the twentieth century, medicine had shown a tendency to spawn specialist groups of physicians interested in particular groups of diseases, usually based upon an anatomo-physiological system: first dermatology in the late nineteenth century, then neurology, cardiology and later gastroenterology. However, between the two world wars the study of renal disease remained within the province of general physicians such as Henry Christian, Arthur Fishberg, Thomas Addis and Leonard Rowntree in the United States, and Franz Volhard, Pasteur Vallery-Radot and Robert Platt in Europe; whilst renal physiology remained fully integrated with physiology in general.
Dialysis patients in the 1960s and 1970s: old and new complications
Authors: Cameron J Stewart
Published: November 2023

By 1965, about 100 units worldwide had started long-term dialysis programmes, so that in September of that year 168 individuals were on dialysis in Europe (probably all on haemodialysis), and maybe somewhat more in the United States, a handful of whom were receiving peritoneal dialysis. By the end of the decade in 1970 their number had multiplied to over 5000, still the overwhelming majority receiving haemodialysis. A further 10 years saw the world total of people on dialysis leap dramatically to about 140 000 in 1980, and a significant and rising proportion were receiving peritoneal dialysis in the form of CAPD (see Chapter 19). Who were these patients?
Conclusions: dialysis today—and tomorrow?
Authors: Cameron J Stewart
Published: November 2023

Haemodialysis represents the successful application of physical chemistry and physiology, together with materials and mechanical science to a pressing clinical problem which it neither prevents or cures, but only palliates. As such, it represents an archetypal ‘halfway’ technology [1] and involves major ethical, social, political and financial problems: in many ways it is a paradigm of the problems facing much of twenty-firstcentury medicine in developed countries. A number of the pioneer clinicians whose work is reviewed in earlier chapteres are still present to see the consequences of their work, and continue to contribute eloquently to the debate on these dilemmas.
Cultural sensitivity
Authors: Burns Tom , Firn Mike
Published: November 2023

It would be true to say that we approached this chapter with more foreboding than any other in this book. Nowhere is there such fierce controversy in modern mental health services than that raging around the care of ethnic minority groups. In many ways it mirrors the sound and fury that emanated from the ‘nature versus nurture’ battles about families and schizophrenia in the 60s and 70s (see Chapter 15). It is an intensely politicized area. The very strength of feeling on the various sides of the argument (and the passion with which they continue to be advanced) indicates the absence of convincing or conclusive evidence for how to proceed. This is no simple ‘either/or’ issue—there are almost as many conflicts as there are protagonists !
Suicidality
Authors: Burns Tom , Firn Mike
Published: November 2023

Suicidality may be a result of an individual’s recognition of the realities of coping with a life of serious mental illnesses and grief for the losses incurred. It may be that the illness prevents them acquiring the skills needed to cope with such setbacks and disappointments. Poor coping skills and the social and economic marginalization that can accompany serious illness are a common double burden for our patients. For those with positive psychotic symptoms, suicidality can be driven by command hallucinations, acute paranoid delusions of impending doom, or by the dysphoria that accompanies many patients’ illness.
Personal finance
Authors: Burns Tom , Firn Mike
Published: November 2023

Many patients with severe and persistent mental illness will identify money as their main problem in surviving in the community. If the key worker and team can help with this problem, then they have a head start. It is an invaluable engagement tool, as well as ensuring the patient can survive outside hospital. In assertive outreach one soon recognizes that financial crises are a frequent cause in themselves for patients to self-present at hospital, or that the stress they impose increases the risk of relapse. We neglect finances at our peril. Do not assume that because the patient has not informed you of any problems, that they are receiving their full benefit entitlement or that the rent or electricity is being paid. Look out for unopened brown envelopes by the door and make sensitive enquiries—especially with patients with a history of neglecting to pay bills or to reapply for benefits.
Employment and activity
Authors: Burns Tom , Firn Mike
Published: November 2023

Vocational programmers are not new. Victorian asylums recognized the moral and constitutional benefits of work. It is only in the last decades that large psychiatric hospitals in the UK have moved away from having industrial therapy units where patients performed repetitive tasks for pocket money and lunch. It is evident in both the American literature and practice of assertive outreach that real employment is very much higher on their list of priorities than in the UK. Many US teams have a vocational employment worker with the remit to develop opportunities and support patients in jobs. The successful clubhouse system (Beard et al. 1982) demonstrates how dynamic the work-oriented and self-help culture is in the US. Employment law and welfare provision differ there.
Borderline Personality Disorder
Authors: Krawitz Roy , Watson Christine
Published: November 2023

Borderline personality disorder is a multidimensional disorder best considered as severe personality dysfunction. Around 2% of the population are thought to meet the criteria for the disorder, with approximately 1 in 10,000 people experiencing the most severe difficulties. This group is over-represented in the challenges facing mental health services. Once seen as ‘untreatable’, people meeting diagnostic criteria for borderline personality disorder are all too often mistreated and misdiagnosed, resulting in prolonged and unhelpful relationships with services that are taxing to clients and clinicians alike. Borderline Personality Disorder: A Practical Guide for Treatment draws on the latest research and clinical experience to provide an accessible and practical summary of treatment options. It provides hope and evidence that people meeting diagnostic criteria for the disorder can be treated effectively and successfully. The book presents a pragmatic approach to care to be read by all members of mental health and substance use teams including psychiatrists, clinical psychologists, counsellors, mental health nurses and social workers.
Prenatal tests
Authors: Crespigny Lachlan De , Chervenak Frank
Published: November 2023

All parents-to-be are offered tests to check on the wellbeing of their unborn baby. They need clear and relevant information about the purpose, the timing and the risks of each test, as well as details of how the test will actually be performed. The book covers every prenatal test, giving the necessary amount of information on each, without overloading the reader. At each stage of pregnancy, parents can rely on it to:-provide background reading before discussions with medical staff - inform the difficult decisions that may have to be made about whether to have tests—explain the results Prenatal Tests: The Facts is written by two experts in the field. Arranged by stage of pregnancy, and beautifully illustrated with over 20 ultrasound images, it gives parents-to-be all the information they need in order to make the right decisions for themselves and their baby.
Psychotherapy with older adults
Authors: Garner Jane
Published: November 2023

We can all think of well-known people, family, friends, and patients who age well and enjoy the freedoms later-life may bring. However, the Western world in the twenty-first century can be a difficult place to be if you are old, particularly old and ill. The postmodern emphasis on individuality, achievement, celebrity, fashion, and youth marginalizes older people who would be better recognized if societies were more concerned with the sense of community. That many more people are now able to reach old age is usually not regarded as an achievement but as a ‘problem’ to be resolved.
Legal Education in Germany
Authors: Leser Hans
Published: November 2023

ALTHOUGH I intend to touch on legal research as well, I have chosen to emphasise legal education and shall address the issues currently under discussion in relation to legal education in Germany. It is an appropriate time to discuss these questions, because the reciprocal recognition of professional legal qualifications in the European Community obliges us all to be aware of the differences in legal education in the different jurisdictions. Additionally, to a comparative lawyer, the differences between the common law and the civil law systems must necessarily be a source of continual interest.