bluuebunny/crossref_metadata_2025 huggingface dataset:
TIPOLOGI INOVASI SEKTOR PUBLIK PADA TIGA PROGRAM INOVATIF PEMERINTAH DAERAH KOTA SURABAYA (Tinjauan Reflektif terhadap Tiga Inovasi Pelayanan Publik Pemerintah Kota Surabaya Tahun 2018)
Authors: Wicaksono Kristian Widya
Published: January 2019

The decentralization policy in Indonesia puts the local government as the main actor to bring their community to achieve their common purpose and goal. Thus, the local government needs to be empowered so they will have a capacity to make a significant breakthrough in their decisions and actions. In line with that need, the Indonesia central government issues a law called local innovation to develop the performance of government operation and enable the acceleration of people wealth improvement. The purpose of local innovation law is also to protect local government innovation and increase in number of local government innovations. Besides the law instrument, the attention from central government by recognizing the innovative program that has been done by local government is also very important. Therefore, the Ministry of Administrative Reform provides an award for local government innovation as an incentive for local government creative efforts.This study is conducted to explore the valid concept of public sector innovation. Furthermore, this paper will provide a reflective analysis of the three innovative programs initiated by the local government in Surabaya City based on the perspective of typologies of public sector innovation. An exploratory approach is utilized in this paper to gain valid understanding about the concept of public sector innovation and its typologies in the local level.The result of this study shows that innovation and public sector innovation is a set of academic concepts which related with newness and change and it has a serious intent to improve the quality of input, product and its impact on the customer needs. Moreover, the three innovative programs of Surabaya City local government are fulfilled four criteria of the typologies of public sector innovation, which are the creation of new service, process innovation, administrative innovation, and conceptual innovation.
Seasonal diversity of biodeteriogenic, pathogenic, and toxigenic constituents of airborne mycobiota in a sacral environment
Authors: Unković Nikola , Dimkić Ivica , Stanković Slaviša , Jelikic Aleksa , Stanojević Dragan , Popović Slađana , Stupar Miloš , Vukojević Jelena , Grbić Milica Ljaljević
Published: January 2019

The main purpose of this study was to isolate airborne fungi and assess seasonal variations in air contamination with their particulates by determining the levels of their propagules in the nave and exonarthex of a church. We also monitored indoor microclimate as a determining factor for fungal proliferation on wall paintings, spore release, and transmission through the air. The temperature and relative humidity of the nave favoured fungal growth. A total of 33 fungi were isolated, mainly of the phylum Ascomycota, and to the lesser extent of the phyla Zygomycota and Basidiomycota. The most common were the fungi of the genera Penicillium and Aspergillus (23.55 % and 20.58 %, respectively). Sørensen’s quotient of similarity (0.37) suggests moderate species overlap and constant exchange of fungal propagules between the nave and exonarthex. The autumn had the highest diversity, with 17 documented taxa, followed by the summer and the winter. The spring had only eight taxa. Quantitative analysis of the airborne mycobiota in the nave (430±84.85 to 1880±106.07 CFU m-3) and exonarthex (715±59.62 to 2295±91.92 CFU m-3) showed very high contamination throughout the year, with values exceeding the maximum permissible concentrations by most standards. Many of the fungi determined in this study are known for their biodeteriogenic, toxigenic, and allergenic properties, and are a threat not only to occasional visitors and staff, but also to valuable works of art decorating nave walls.
Extracting parasite effects of electrical bioimpedance measurements
Authors: Dutra Douglas , Bertemes-Filho Pedro
Published: January 2019

The objective of this work is to develop a technique for filtering parasitic effects from the impedance spectra (IS) measured in biological material phantoms. IS data are contaminated with unexpected capacitive and inductive effects from cable, input/output amplifiers capacitances, electrode polarization, temperature and contact pressure when collecting data. It is proposed a model which contains an RLC-network in series with the Cole model (RSC), then called RLC-Cole. It was built four circuits composed by resistors, capacitors and inductors. An impedance analyzer (HF2IS) was used to perform the measurements in the frequency range of 1 to 3000 kHz. Data were fitted into the model and comparisons to the nominal values were made. In order to validate the proposed model, a gelatin phantom and a chicken breast muscle impedance spectra were also collected and analyzed. After filtering, Cole fitting was performed. Results showed a maximum root-mean-square error of 1% for the circuits, 2.63% for the gelatin phantom, whereas 2.01% for the chicken breast. The RLC-Cole model could significantly remove parasitic effects out of a tissue impedance spectrum measured by a 4-point electrode probe. This may be highly important in EIS systems whose objective is to discriminate a normal tissue from a cancerous one.
Rectifying memristor bridge circuit realized with human skin
Authors: Pabst Oliver
Published: January 2019

It has been demonstrated before that human skin can be modeled as a memristor (memory resistor). Here we realize a memristor bridge by applying two voltages of opposite signs at two different skin sites. By this setup it is possible to use human skin as a frequency doubler and half-wave rectifier which is an application of the non-linear electrical properties of human skin. The corresponding electrical measurements are non-linear since these are affected by the applied stimulus itself.
Temperature dependence of the energy band gap of CuSi2P3 semiconductor using PSOPW method
Authors: Abdullah T.G. , Sami S.A. , Omar M.S.
Published: January 2019

Theoretical formalism based on the orthogonalized plane wave method supplemented by a potential scaling scheme was used to predict the temperature dependence of energy gap of CuSi2P3 semiconductor. A computer code in Pascal was used to perform the variation of fundamental energy gap with temperature in the range of 150 K to 800 K. The dependence of energy gap on temperature for lattice dilation contribution, lattice vibration contribution and total temperature effect were performed separately. The results revealed that, as temperature increases, the top of the valence band and the bottom of the conduction band increase, while the energy band gap decreases. Generally, at low temperatures, the energy gap varies slowly and exhibits a nonlinear dependence and approaches linearity as temperature increases. The calculated energy gap of CuSi2P3 at T = 300 K is 0.4155 eV. The temperature coefficients in the linear region due to lattice dilation contribution, lattice vibration contribution and total temperature effect were calculated as –1.101 × 10−5 eV/K, –1.637 × 10−4 eV/K and –1.7523 × 10−4 eV/K, respectively. Also, the ratio of temperature coefficient of the energy gap due to LV contribution to its value and LD contribution in the linear region is equal to 14.868. That ratio is compared to those of CuGe2P3 and III-V compounds, where those of the latter show a systematic change with Eg. Moreover, the Eg of all the compounds shows a quadratic dependence on the inverse of mean bond length.
Study on some linear and nonlinear optical parameters of glycine hydrofluoride single crystals
Authors: El-Fadl A. Abu , Abdel-Salam A.M. , Nashaat A.M.
Published: January 2019

Single crystal of glycine hydroflruoride (GHF) was grown from aqueous solution by slow evaporation technique. The structure of the grown crystal was tested and analyzed through X-ray powder diffraction. The functional groups have been identified from the FT-IR spectra. Slabs cut normal to the b-axis from the grown crystal were subjected to incident radiation with a wavelength range of 200 nm to 800 nm to investigate the transmittance and reflectance spectra. Linear optical parameters such as extinction coefficient k, refractive index n and both the real and imaginary parts: ∊real and ∊im of the dielectric permittivity were calculated as functions of the incident photon energy. The dispersion of the refractive index was fitted in terms of Cauchy formula and Wemple-DiDomenico single oscillator model. GHF crystals exhibited indirect optical interband transition and the optical energy gap Eg was determined by using Tauc plot. The indirect band gaps at elevated temperatures were determined and their temperature dependence was estimated. Optical band gap Eg values were found to decrease with an increase in crystal temperature; however, the band tail width exhibited opposite behavior. The nonlinear optical potential was examined by the second harmonic generation (SHG) test.
Impact of Corporate Governance Framework on Economic Performance in European Union
Authors: Steinhauser Dušan , Čukanová Miroslava
Published: January 2019

In the current post-crisis period, the implementation of Corporate Governance principles has proven to be important. The Organization of Economic Cooperation and Development considers failure of Corporate Governance as one of the causes of the latest financial and economic crisis. We assume that the higher quality of institutional environment point to higher performance of the economy. The aim of the paper is to quantify the implementation of Corporate Governance in the European Union through selected qualitative indicators and his impact on economies. We have verified that countries with better values of judicial independence, protection of property rights, corruption, minority investor protection, extent of conflict of interest and resolving insolvency have a higher value of gross domestic product per capita. The index of enforcing contracts was statistically insignificant.
The choice of surgical treatment in patients with infected pancreonecrosis
Authors: Tseimakh E. A. , Bombizo V. A. , Buldakov P. N. , Averkina A. A. , Ustinov D. N. , Udovichenko A. V.
Published: January 2019

The objectiveis to study the results of different methods of surgical treatment of patients with infected pancreonecrosis and to conduct a comparative analysis of minimally invasive and traditional surgical interventions.

Material and methods.The results of treatment of 206 patients with infected pancreonecrosis were analyzed. In accordance with the used method of surgical treatment, the patients were divided into 2 groups: 105 (51.0%) patients with “traditional” open interventions were included in the first group (comparison), and 101 (49.0%) patients treated with various miniinvasive technologies, or a combination of minimally invasive and “open” interventions were included in the second group.

Results.It was found that the mortality rate in the second group was less than in the first group by 12.8% (p<0.05).

Conclusion.Minimally invasive surgical techniques are the method of choice for delimited pancreatogenic ulcers. The use of combined surgical interventions leads to a significant reduction of postoperative mortality and duration of inpatient treatment.
Transcatheter arterial embolization in the treatment of gastrointestinal ulcer bleeding
Authors: Musinov I. M. , Chikin A. E. , Ganin A. S. , Kachesov E. Yu.
Published: January 2019

The objective was to study the efficacy of transcatheter arterial embolization of gastric and duodenal vessels and to determine the indications for its use in gastroduodenal ulcer bleeding.

Material and methods. The study was based on the results of arterial embolization in 61 patients with gastroduodenal ulcer bleeding.

Results. Transcatheter arterial embolization of the left gastric artery, its branches and the gastroduodenal artery with an adhesive glue composite based on N-butyl-2-cyanoacrylate is highly effective in arresting bleeding permanently and preventing its relapse.

Conclusion. Transcatheter arterial embolization is an alternative to the surgical treatment in patients with gastrointestinal bleeding.
Carotid artery surgery: 25 years of experience in the Leningrad region
Authors: Grinev K. M. , Vakhitov K. M. , Vladimirov P. A. , Cherniakov I. S. , Karlov K. A. , Vinokurov A. Iu. , Vazhenin S. O. , Zaslavskii L. G. , Zukovskaia N. V. , Syrovatskii A. A.
Published: January 2019

The objectiveof the study is to evaluate the results and compare the methods of different variants of surgical treatment for the occlusive-stenotic lesion in extracranial parts of the carotid arteries.Material and methods.Comparative analysis of immediate and remote results, and evaluation of patency after 450 carotid endarterectomy performed by classic and eversion technique.Results.A significant advantage of eversion carotid endarterectomy was confirmed.Conclusion.The good results show not only the high qualification of each operating surgeon as well the entire staff, providing competent logistics and selection of patients for both planned and emergency surgical interventions.
Assessment of the outcomes of the treatment of patients with suppurative necrotic complications of diabetic foot syndrome with the use of programmed rehabilitation technologies
Authors: Glukhov A. A. , Sergeev V. V. , Semyonova G. A.
Published: January 2019

Objective.To assess the outcomes of the treatment of patients with suppurative necrotic complications of diabetic foot syndrome (DFS) without critical ischemia with the use of programmed rehabilitation technologies (PRT).

Materialand methods.The study included 82 patients. 40 patients (reference group) underwent conventional rehabilitation, while 42 patients (study group) were treated with PRT with the use of the original equipment AMP-01.

Results.Use of PRT has been established to significantly improve the quality of rehabilitation, which helps to reduce the duration of inpatient treatment. The number of suppurative complications in the study group proved to be significantly less (p=0.014), and postoperative mortality was lower. The long-term outcomes of the treatment (number of late suppurative complications, ischemia progression, maintenance of foot support ability) in the study group was also found to be significantly better compared to the reference group.

Conclusion.The use of PST promotes the improvement of short-term and long-term outcomes of the treatment of the patients with DFS suppurative necrotic complications.
Current trends in the treatment of liver abscesses
Authors: Bushlanov P. S. , Merzlikin N. V. , Semichev E. V. , Tskhai V. F.
Published: January 2019

The paper includes the statistics of liver abscesses, etiology and related features of the diseases. The most common methods of conservative and surgical treatment of liver abscesses, currently used in surgical clinics of the Russian Federation, are presented. A small historical excursus about the existed methods of treatment is given in the paper. A comparative analysis of the currently used methods, their advantages and disadvantages is carried out. Some possible criteria for a certain method of treatment of liver abscesses are listed as well.
Dificuldades no aleitamento materno na maternidade da fundação santa casa de misericórdia do Pará e o apoio do banco de leite
Authors: Silva Yuri José Almeida da , Damasceno Ana Claudia , Pontes Carla Daniele Nascimento , Correa Mateus Queiroz , Gurjão Hugo Henrique Ramos , Lima Imaikon Gomes de , Costa Felipe Bezerra da , Carvalho Rudá Castilho de , Nascimento Rafael Sizo
Published: January 2019

OBJETIVO: Avaliar as dificuldades na amamentação em 50 puérperas na Maternidade da Fundação Santa Casa de Misericórdia e o apoio recebido do Banco de Leite. METODOLOGIA: Trata-se de um estudo Descritivo, observacional, transversal. O trabalho foi realizado na Maternidade da Fundação Santa casa de Misericórdia do Pará nas enfermarias de puerpério. RESULTADOS: A dificuldade no aleitamento materno encontrada foi a não apojadura do leite, seguida de mamilo invertido bilateralmente, fissura nos mamilos e dificuldade na sucção. A idade das puérperas foi de 25,54 anos; a maioria era de zona urbana e residente na capital paraense, cursava o ensino médio, tinha companheiro, não planejara a presente gravidez, era primigesta, realizara pré-natal com 6 ou mais consultas e em algum momento fora conversado sobre amamentação. A maioria tiveram seus filhos por via cesariana, transcorrendo o parto sem problemas, sendo a média vida dos neonatos no momento da pesquisa de 36,64 horas. Todas as pacientes pretendiam amamentar seus filhos da presente gestão, e a maioria delas sabe da importância do aleitamento materno e acredita que pode ser em regime exclusivo por no mínimo 6 meses. Quase a totalidade das puérperas já tinham recebido auxílio do banco de leite e a maior parte delas se sentiu segura após tal suporte. CONCLUSÃO: A amamentação é um processo importantíssimo no desenvolvimento mãe-bebê e identificar o que mais dificulta esse processo é fundamental para uma adequada assistência e nesse sentido os bancos de leite entram como principal trunfo nos hospitais de referência como o do estudo.
Prevalência de doenças oportunistas em pacientes HIV positivos em uma unidade de referência da Amazônia
Authors: Quaresma Mariana do Socorro Maciel , Souza Rhomero Salvyo Assef , Barreira Carla Patricia Dias Mendes , Oliveira Alessandro Sena Ribeiro de , Pontes Carla Daniele Nascimento , Silva Yuri José Almeida da
Published: January 2019

Objetivo: Avaliar a prevalência de doenças oportunistas, em pacientes HIV positivos cadastrados na unidade de referência especializada em doenças infecciosas e parasitárias especiais (URE DIPE) de Belém, através da análise de prontuários, do banco de dados da farmácia da unidade (SICLOM) e da notificação. Método: O estudo é do tipo descritivo, retrospectivo e transversal. Foram analisadas informações de 134 pacientes com HIV de ambos os sexos com 13 anos ou mais de idade. Resultados: O sexo masculino foi o mais prevalente (69,4%); a faixa de anos de estudo mais encontrada foi de 4 a 7 anos (33,6%); o estado civil mais encontrado foi o solteiro (68,7%); a via de exposição mais comum foi a sexual (92,5%); os heterossexuais prevaleceram (58,2%); a maioria faz uso regular da medicação antirretroviral (75,8%); as doenças oportunistas mais encontradas foram diarreia por mais de 30 dias sem diagnóstico etiológico (32,39%), candidíase orofaríngea (19,72%), herpes zoster (19,72%), pneumonia (11,27%), herpes simples (11,27%) e tuberculose disseminada (5,63%). Conclusão: Concluímos que o uso regular de medicação antirretroviral favorece o aumento da contagem de linfócitos T CD4+ e a diminuição da carga viral. No entanto, a maioria das doenças oportunistas apareceu em pessoas com uso regular da medicação, mas não houve significância estatística.
RÓTULOS NO SAMBA: CRIME E ETIQUETAMENTO NA CULTURA POP CARIOCA DO SÉCULO XX
Authors: Teixeira Ricardo Augusto De Araújo
Published: January 2019

O início do século XX significou um período de grandes transformações para a cidade do Rio de Janeiro. O fim da escravidão no Brasil e a reforma no centro da cidade desencadearam a marginalização daquelas pessoas que pertenciam à classe mais pobre da sociedade, em sua maioria negros. Também nessa época, a legislação penal brasileira, com a tipificação da conduta de vadiagem, além de outras práticas como, por exemplo, a capoeira, promoveu para essa parcela da sociedade que se via excluída e impossibilitada de alcançar níveis mais altos ou de se enquadrar nos padrões tidos como “corretos” da época, tanto a criminalização primária – quando se insere tais condutas em um código penal e elas se tornam proibidas – quanto secundária – determinando quem seria a clientela do direito penal: o negro, o pobre, o favelado. Em razão disso, essas pessoas foram etiquetadas ou rotuladas, passando a ser sempre vistas como o perigo, o mau, o diferente, e tudo o que se enquadra na anormalidade tende a ser neutralizado pelo poder coercitivo do Estado e calado pela sociedade. É nesse contexto que surge o malandro carioca, a representação típica do boa-vida que jamais conseguirá alcançar os meios de ascensão econômico-social, mas sempre encontra uma saída para sua sobrevivência, seja para suprir suas necessidades, seja perante a sociedade e o poder de polícia. A presente pesquisa busca explicar a ideia da marginalização, da discriminação e do etiquetamento daqueles tidos como desviantes em meio à sociedade elitista e preconceituosa do Rio de Janeiro a partir do início do século XX, e revela a importância do samba como um meio de garantir visibilidade à população excluída nos morros e na periferia, fazendo-se abordagens sob o viés histórico, criminológico e linguístico do tema.
Leaving the Practice of Law: The Wherefores and the Whys
Authors: Brockman Joan
Published: January 2019

In 1990, the Benchers of the Law Society of Alberta established a Committee on Women and the Legal Profession to examine the issues concerning women in the law. This article examines the results of a comprehensive survey conducted on inactive members of the Law Society of Alberta for this Committee. The survey was the second of two surveys conducted by this author. The first survey was conducted on the active members of the Law Society of Alberta.
The survey produced a number of interesting results for those individuals considering the practise of law as a profession and for those already within the profession. The survey looked at the characteristics of the respondents, their reasons for leaving the practise of law, and their perceptions and experience with bias within the profession. A useful section of the survey included suggestions for reforming the legal profession and the Law Society of Alberta itself.
Managing Your Carbon Footprint: Impacts and Opportunities Arising From Alberta’s Climate Change Legislation
Authors: Saric Dana , Carson Lorne , Bachmann Guido
Published: January 2019

This article explores Alberta’s climate change policies and laws in conjunction with parallel federal climate change measures. The authors provide an overview of the existing regulatory structure applicable to industrial carbon emissions, and an evaluation of the recent evolution of the regulatory structure. The comprehensive regulatory structure as a whole is then analyzed for its practical impacts across industries, and the authors identify a number of strategies for oil and gas producers, natural gas-fired electricity generators, renewable power project developers, and public entities to manage their performance within the new Alberta governance model for climate change management.
Compensation Where No Land Is Taken: Update of the Law in Alberta
Authors: Marion Michael A.
Published: January 2019

Economic and population growth in Alberta has led to a proliferation of projects and works for the public benefit, but the negative impacts of these are often borne by private landowners. The question arises as to what compensation should be given to landowners whose land is injuriously affected by public works, but is not actually expropriated. This article examines the common law remedies of negligence and nuisance; addresses the impact of the four tests set out in R. v. Loiselle for assessing statutory remedies; and provides a review of the evolution of and remedies available under the Municipal Government Act and Proceedings Against the Crown Act.
Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada
Authors: Pritchard A.C. , Sarra Janis P.
Published: January 2019

The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article suggests that although overall litigation exposure for Canadian companies remains relatively low when compared to their U.S. counterparts, Canadian issuers that have listed their shares in the U.S. face considerable uncertainty as to the extent of their exposure to securities class actions. Through analysis of case law in both jurisdictions, the article highlights the crucial role of liability caps relating to costs in the decision of which jurisdiction to file suit.
What has Dunsmuir Taught?
Authors: Woolley Alice , Fluker Shaun
Published: January 2019

In Dunsmuir the Supreme Court of Canada reassessed the “troubling question” of how courts should review decisions of administrative tribunals. The majority judgment of Bastarache and LeBel JJ. (writing also for McLachlin, Abella, and Fish JJ.), sought to simplify the judicial review process by reducing the standards of review from three to two, increasing reliance on precedent to determine which standard is appropriate, making explicit the significance of the nature of the question to the determination of the standard in every case, and re-labelling the “pragmatic and functional” test the “standard of review analysis.” In its recent judgment in Khosa the Supreme Court emphasized the simplifying intention of Dunsmuir, suggesting that “Dunsmuir teaches that judicial review should be less concerned with the formulation of different standards of review and more focused on substance, particularly on the nature of the issue that was before the administrative tribunal under review.”
The Law of the Land: The Advent of the Torrens System in Canada by Greg Taylor
Authors: Bowden Marie-Ann
Published: January 2019

As a former history student and erstwhile professor of first-year property, The Law of the Land: The Advent of the Torrens System in Canada by Greg Taylor offered me an opportunity to engage in academic reading with just a hint of “night table book” indulgence. As the title suggests, the author carefully traces the development of the Torrens registration system in Australia and its subsequent reception within Canada — an undertaking that even those within the legal profession may find as dry as the dust on the land titles records. However laborious the research, the book itself manages to bring history to life; chasing clues from Adelaide to the United Kingdom National Archives to the records of the Toronto Globe in an attempt to divine the motives and influences of the Torrens prophets and their opponents. The result is an original and interesting account incorporating law and politics spanning some 150 years of Canadian history.
The Theoretical Basis of the Trustee's Duty of Loyalty
Authors: McClean A. J.
Published: January 2019

The law imposes a high duty of loyalty on a trustee. The author explores the exact nature of the duty and suggests that the law has not been applied with sufficient strictness by the Canadian Courts.
Refusal of Sexual Intercourse and Cruelty as a Ground for Divorce
Authors: Skelly Stephen J.
Published: January 2019

The inclusion in the Divorce Act, 1968, of cruelty as grounds for divorce will raise the problem whether the refusal of sexual intercourse by a spouse can be considered as cruelty of the sort contemplated by the Act. The author examines the English cases deeding with this problem and concludes that there exists an area of conduct which may or may not constitute cruelty depending upon the attitude of the judge.
Criminal Law Revision in Canada
Authors: Mewett Alan W.
Published: January 2019

The Criminal Law in Canada is clearly in need of revision but the machinery to do so is inadequate. Reform has only been haphazard and made without the assistance of modern criminological studies. The author proposes the establishment of a permanent Criminal Law Revision Committee to solve these problems. He sets out what its constitution and functions should be but emphasizes that it would compliment rather than replace our system of parliamentary responsibility.
An Administrative Division of the New Zealand Supreme Court - A Proposal for Law Reform
Authors: Northey J. F.
Published: January 2019

Few lawyers in any country are satisfied with the existing arrangements for curial review of the decisions of administrative tribunals. The author examines the steps being taken in New Zealand to strike a better balance between administrative needs and the protection of the citizen. He proposes that an Administrative Division of the Supreme Court be established.
The Constitutional Context of Canadian Water Planning
Authors: Gibson Dale
Published: January 2019

Water resource management in Canada involves both the federal and provincial constitutional powers. The result has been a complex administration which is both poorly co-ordinated and confusing. In order to explain the features of the present structure the author examines the federal and provincial powers involved. He concludes by advocating the replacement of federal and provincial control by a basin-oriented system of resource management which is feasible under the existing constitution.
Constitutional Reform of the Canadian Judiciary
Authors: Russell Peter H.
Published: January 2019

A consideration of both the judicial sections of the B.N.A. Act and the public expectations concerning the judiciary suggest three basic norms which are relevant to the exercise of judicial power in the Canadian Constitutional system - the independence of the judiciary, bilingualism and biculturalism, and federalism. The author analyzes the Canadian judiciary from the point of view of each of these precepts and makes suggestions for constitutional reform of the Canadian Judiciary.
The Reform of the Law of Sales
Authors: Sutton K. C. T.
Published: January 2019

The Law governing the sale of goods in Canada and Australia is based on the English Sale of Goods Act of 1893. This Act has rarely been amended and is very much out of touch with modern conditions. The author feels that a mere amendment of this Act is insufficient to update the law and that what is needed is a complete redrafting of the Act. As a starting point for reform he points out the defects of the present Act, and analyzes the solutions offered by the revolutionary American Uniform Commercial Code and the Uniform Sales Act.
Benefits under the Income Tax Act
Authors: Jones Frank D.
Published: January 2019

The Department of National Revenue, realizing that the more ''fringe benefits" a person receives the less taxable income he requires in order to maintain the same standard of living, has inserted sections in the Income Tax Act aimed at taxing such "benefits." In this article Professor Jones examines the effect of the wording of sections 5 and 16 on the taxability of such "benefits".
The Contingent Fee in Canada
Authors: Williston Q.C. Walter B.
Published: January 2019

Mr. Williston feels that the historical abhorence of contingent fees is obsolete in the face of modern social conditions. He discusses the approach to contingent fees in various jurisdictions and the benefits and drawbacks of the different systems. Mr. Williston concludes that a controlled system of contingent fees would be a valuable contribution to the Canadian legal system.
Compensation to Victims of Crime
Authors: Bryan Q.C. George J.
Published: January 2019

That a victim of crime should be without redress for the injury he suffers is an anomaly in the administration of justice. Mr. Bryan considers the legislation presently in force, points out 'the basic problems, and discusses the approaches employed in other jurisdictions. He concludes that there should be less emphasis on punishment for the crime against the state and more emphasis on compensation to the victim of the crime.
Auto Accident Compensation in Alberta: Toward Peaceful Coexistence
Authors: Linden Allen M.
Published: January 2019

Tort law as a means of reparation for victims of automobile accidents in Alberta has recently been subject to criticism because of its many defects. The author examines both the defects and the advantages of the present system of compensation, and, concluding that it is unsatisfactory proceeds to make a proposal for reform based on the peaceful coexistence of tort law and an automobile accident compensation plan.
A Law Teacher Looks at His Trade
Authors: Coote Brian
Published: January 2019

Taking a heretical look at legal training and practice in New Zealand, Prof. Coote details criticisms that might well apply to other common law jurisdictions, including Canada. He describes the need for and predicts a "great revolution," in three aspects of the legal system, but warns of the difficulties ahead.
The Revolution in the Civil War
Authors: Belli Melvin
Published: January 2019

This article analyses the causes of the change in attitude by the American courts towards civil disputes. Mr. Belli depicts this change by a variety of controversial illustrations and concludes that the essential ingredient in this development was the recognition of individual's rights.
Trespass or Negligence?
Authors: Fridman G. H. L.
Published: January 2019

The author examines the validity of distinguishing between trespass to the person and negligence, according to whether the injury was directly inflicted by or merely consequential to negligently performed act. Whereas recent English decisions have tended to merge the two forms of action, in other Commonwealth jurisdictions, including Canada, the historical distinction has largely been retained, despite certain amount of equivocation in the case law. One significant problem arising from any "progressive" union would be the extent to which the concepts of foreseeability, causation and other sinuosities of negligence law would be incorporated into the action. Another consideration would be whether the plaintiff would be required to satisfy uniform burden of proof regardless of whether the injury were direct or indirect. Recognizing that "forms of action must not rule us from their graves", Dean Fridman points out that there may be good reason for not burying distinctions before their usefulness and purpose have died.
The Zoning Game: Alberta Style
Authors: Laux Frederick A.
Published: January 2019

Zoning has had checkered existence in the growth of society, arising ori ginally in tort in the private remedies of nuisance and in the use of the re strictive covenant and actions for breaches thereof. Professor Laux cites the Industrial Revolution as having profound effect on the society of the eighteenth century, with corresponding result of rendering ineffective the private controls of land use. From this ineffective control has sprung zoning system introduced by various levels of government, Alberta being no exception. The author examines the system of zoning in Alberta today to evaluate whether said system achieves comprehensive planning. The characteristics of typical zoning by-law; zoning administration and adjust ments; enforcement of the zoning by-law; and the methods of judicial review of the zoning process are examined by the author with special reference to the zoning by-laws of several municipalities in Alberta, and by reference to the relevant authorities on zoning and land use.
The Labour Injunction in Alberta
Authors: Swan Kenneth P.
Published: January 2019

In the last issue of the Alberta Law Review, Professor Innis Christie dealt with the substantive lau> of picketing Alberta. In this article, the writer examines the procedural aspects of the labour mjunctton Alberta and makes recommendations for reform of the law. In addition to reported cases from Alberta and elsewhere, number of unreported caseVfrom the Province are discussed and related to the development of the law of labour injunctions.
Reforming the Automobile Tort System
Authors: Laycraft, Q.C. J. H.
Published: January 2019

The author discusses within a broad framework the topic of reforming the automobile tort system. The historic background of automobiles and litigation in the 20th Century, as well as the numerous commissions and inquiries within the last ten years, prompt the author to investigate the present Alberta system for areas in need of reform. The gratuitous passenger, the wrongdoer, the uninsured driver, and the person injured by mischance provide a background against which detailed discussion of the present Alberta system, and the proposed reforms in Western Canada is undertaken. Mr. Laycraft enumerates six specific criticisms of the present system, examines each in detail as a possible reason to justify reform, and concludes that the case for reform has not been validated. The author then proceeds to enumerate four reasons in support of the present system. Finally, the roles of the gratuitous passenger and compulsory insurance are also examined by discussing their relative positions in the present system and proposing how these positions could be altered through reform to develop a better system.
The Evolution of Criminal Responsibility
Authors: Parker Graham
Published: January 2019

Professor Parker investigates the history of the concept of criminal responsibility with particular reference to homicide. The notion of criminal responsibility is traced through Anglo-Saxon and Germanic law and early English law to recent times. The observations and reports of such commentators as Coke, Hale, Hawkins, Foster and East are treated in an historical-analytical fashion. Because of the historical breadth of the article which encompasses feud and vengeance as well as modern thought on the subject, and because the subject is treated in various socio-political circumstances, valuable perspective on the concept of criminal responsi bility is offered in Professor Parker's presentation.
The Succession of New States to Multilateral Treaties
Authors: Udokang Okon
Published: January 2019

Based on historical data, the author enunciates as a general theme that there is a clear tendency for new States to acknowledge the continuity of Multilateral Conventions of economic, administrative, and humanitarian importance. Alternative theories of succession, namely the cleanslate theory, the contract theory, and the legislative theory are examined by the author by way of introduction. The practice of new States regarding succession to Multilateral Conventions as well as Treaties, of which the Secretary-General of the United Nations is depository, is discussed by the author. Dr. Udokang analyzes the new State's practices by referring to certain international organizations, notably, the International Labor Organization, the International Monetary Fund, the International Bank for Reconstruction and Development, the International Civil Aviation Organization, the General Agreement on Tariffs and Trade, as well as some less well known Conventions. Throughout, the author attempts to show to what extent economic, political andstrategic considerations may influence a State's attitude and ultimate action regarding succession to a Multilateral Convention.
Organized Pseudolegal Commercial Arguments as Magic and Ceremony
Authors: Netolitzky Donald J.
Published: January 2019

This article discusses ways in which Organized Pseudolegal Commercial Arguments (OPCA) litigants use pseudolegal concepts, techniques, and procedures before the courts. The author begins by looking at where OPCA legal arguments originate, and the historical sources where these arguments find grounding, while assessing the flaws in such. A thorough analysis is then conducted into some of the tactics used by OPCA litigants in order to evade legal consequences, including a survey of global case law where these arguments have been brought before the courts. The article culminates with an analysis of the implications of the use of pseudolaw by OPCA litigants and how tactics permeate through OPCA movements, while looking for solutions in dealing with OPCA litigants as they move through the courts.
An Ethical-Legal Analysis of Medical Assistance in Dying for Those with Mental Illness
Authors: Tanner Ryan
Published: January 2019

This article considers sources of opposition to allowing access to medical assistance in dying for individuals with mental illness. It originated with an observation by members of the University of Toronto Joint Centre for Bioethics that in mainstream Canadian culture — as well as in political, academic, and professional circles — such opposition remains widespread (and often reflexive). This opposition exists even in light of broad support for access to assisted dying for individuals with illness manifesting in physical suffering. Most Canadians treat the prospect of assisted dying for those with mental illness with suspicion, and it is worth exploring why this opposition persists, what arguments can be leveled to support it, and whether those arguments can be sustained. To that end, I identify five objections to assisted dying for the mentally ill that seem to characterize the public debate, and argue that none are sustainable. They either rely on false premises or otherwise fail to secure the conclusion that assisted dying should be off limits to people suffering from mental illness, even when such mental illness is their sole underlying condition.
Prudence, Stranded Assets, and the Regulation of Utilities: A Review of Alberta Utility Regulatory Principles in a Post-Stores Block Era
Authors: Cusano Lou , Wood David , Dickinson Evan , Bruni Gino
Published: January 2019

Stores Block, a 2006 Supreme Court of Canada case, established that utilities are the sole owners of utility assets, thereby granting them the right to gain on the disposition of such assets. The case was game-changing, spawning a string of Alberta Court of Appeal, Supreme Court of Canada, and regulatory body decisions. This article traces the progression of these decisions and examines their implications for property ownership principles, including utility asset dispositions, utility rate bases, the prudent investment test, and stranded assets. The authors ultimately argue that these interpretations of Stores Block have led to “deleterious effects” for regulated utilities in Alberta, and discuss resulting attempts at legislative intervention by the Government of Alberta.
Regulating Lawyer Competence and Quality of Service
Authors: MacKenzie Gavin
Published: January 2019

Law societies serve two central roles: the regulation of ethical standards in legal practice and the enforcement of competent legal practice. Despite having these two functions, the focus of Canadian law societies has tended to centre on ethics, while the enforcement of competence has often been overlooked. The author examines various Canadian law societies’ rules of professional conduct. He then considers possible solutions to the problem of lawyer incompetence, including the implementation by law societies of programs directed towards prevention, such as continuing legal education and practice review programs, in order to ensure competent legal practice.
Smart Regulation — Rhetoric or Reality?
Authors: Hanebury, QC Judith
Published: January 2019

This article examines historical, contemporary, andemerging form of governmental regulation in various contexts and jurisdictions, and applies that information comparatively in undertaking descriptive and prescriptive analyses in relation to regulation in Canada's energy sector. So-called "smart regulation " is the latest trend in regulatory (re)structuring. and the author attempts to probe the substance behind this catch-phrase to discover what its practical implications are to affected parties. The reader will contemplate how "smart regulation " differs, if at all from prescriptive regulation, goal-oriented regulation, performance-based regulation, and deregulation or whether it is some combination of several. "Smart regulation" necessarily imports inter- and intra-governmental cooperation and coordination to avoid regulatory duplication and multi-layering; in this regard Canada's regulatory regime appears to be in transition. Accurately measuring the degree of regulatory and industrial efficiency and effectiveness resulting from the "smart regulation" movement may ultimately require more credible evaluation methodology and increased research in the area.
Determinate/Indeterminate Duality: The Necessity of a Temporal Dimension in Legal Classification
Authors: Adams Wendy
Published: January 2019

The objective of this article is to reconcile the difficulties in legal classification that arise when subject matter is viewed from a purely spatial, i.e., a two or three-dimensional, perspective. At issue is whether the dynamic complexity of legal reasoning can be represented through a process of static classification. The difficulty with traditional approaches to classification is that while legal reasoning makes use of concurrent concepts to resolve issues, classification systems operate with mutually exclusive classes that do not permit representation of reiterative reasoning processes.  Using the example of the neologism of "propertization, "an issue of increasing concern in the field of intellectual property, demonstrate that a single classification system can represent both the delerminacy the author seeks to and indeterminacy of legal concepts as they are used to resolve legal problems without sacrificing the clarity presumably required for the rule of law to operate. Resolution requires adopting a classification system that makes use of both a temporal and spatial perspective. By adopting a temporal perspective in addition to a more traditional spatial perspective, we are able to expandour focus from the products of legal classification to legal classification as a process. We can then examine the dynamic relationship of relativity between legal concepts as they operate in context, rather than limiting our analysis to the static relationship of demarcation that exists when legal classes are examined in the abstract.
An Introduction to Various Issues Surrounding the Ownership of Storage/Pipeline Gas
Authors: Simard Chris , Lamb Andrew
Published: January 2019

The issues surrounding ownership of pipeline andstored gas have been largely ignored in Canada, with the result that many in the industry may be surprised to learn that their interests in such resources are not necessarily secured. By applying the most recent legal decisions in Canada and the VS. to the practical possibility of an operator's insolvency, the authors discuss the likelihood, explore the advantages, and address the dangers of casting this relationship as a tenancy in common, bailment, or trust. While the importance of protecting a client's rights through extensive contractual principles is paramount in every relationship, the extent to which the judiciary will endorse contractual intentions in these unique circumstances is far from certain. This article explores the practical questions respecting issues of ownership and security as regards the natural gas arena to propose finally a new class of ownership that would treat natural gas rights as a sui generis category unique to storage/pipeline gas.
The Further Adventures and Strange Afterlife of the Oil and Gas Lease
Authors: Ballem, QC John Bishop
Published: January 2019

Case comment on Freyberg v Fletcher Challenge Oil & Gas Inc and Montreal Trust Co v Williston Wildcatters Corp.
Federalism, Equality, and Autonomy: Toward an Embedded Feminist Constitutional Agenda: A Review of The Gender of Constitutional Jurisprudence, Beverley Baines and Ruth Rubio-Marin, Eds.
Authors: Calder Gillian
Published: January 2019

Book review of Federalism, Equality, and Autonomy: Toward an Embedded Feminist Constitutional Agenda: A Review of The Gender of  Constitutional Jurisprudence, Beverley Baines and Ruth Rubio-Marin, Eds. (Cambridge: Cambridge University Press, 2005)