bluuebunny/crossref_metadata_2025 huggingface dataset:
Do Recent Amendments to Alberta's Municipal Government Act Enable Management of Surface Water Resources and Air Quality?
Authors: Stewart Judy
Published: January 2019

Since 2015, new provisions have been added to Alberta’s Municipal Government Act (MGA) that arguably authorize municipalities to manage components of the environment, such as surface water resources and air quality at the local and regional geopolitical landscape scales. Since 2013, Part 17.1 enabled voluntary formation of “growth management boards” (GMBs) by two or more participating municipalities, and once appointed by the Minister, GMBs are empowered to create “growth plans” to govern growth-related land use decision-making processes within the boundaries of the participating municipalities. Part 17.1 was amended in 2016 and new regulations followed in 2017. City Charter provisions enacted in 2015 give broad governance powers to cities. MGA provisions that create both these new institutional arrangements do not preclude GMBs or cities from developing municipal environmental management objectives. Recent additional MGA amendments enacted as the Modernized Municipal Government Act (MMGA) in December 2016, and further amendments in the spring of 2017 added a preamble, defined “body of water” for the purposes of the MGA, provided for intermunicipal collaborative governance of land use, and amended the environmental reserve provisions and other regulatory aspects of Part 17: Planning and Development. Two new purposes of municipal government were added: “to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services,” and “to foster the well-being of the environment.” In this article, amendments to the MGA since 2015 are examined and analyzed in light of Alberta’s regional watershed scale land use policy, legislation, and regulations to determine if Alberta municipalities are now authorized to manage the environment, specifically surface water resources and water quality.
Consent Searches for Electronic Text Communications: Escaping the Zero-Sum Trap
Authors: Penney Steven
Published: January 2019

In R. v. Marakah, a majority of the Supreme Court of Canada decided that senders of electronic text communications maintain a reasonable expectation of privacy over their messages even after they are copied to recipients’ devices. The dissenters argued, in contrast, that any such expectation is objectively unreasonable given senders’ inability to control the messages after delivery. The Supreme Court did not settle the question, however, of whether this expectation can be defeated by a recipient’s voluntary decision to allow police to search his or her own device. Indeed, each side intimated that such a consent would be difficult, if not impossible, to obtain.This article argues, nonetheless, that courts can and should use consent doctrine to avoid the “zero-sum” model of section 8 adjudication that characterizes the majority and dissenting reasons in Marakah. Properly interpreted, that doctrine preserves Marakah’s core holding — that senders do not reasonably expect unfettered state access to their received text communications — while also giving effect to recipients’ autonomous decisions to assist police.However, as with oral communications, a recipient’s consent to disclose a sender’s text communications to police should only defeat the sender’s expectation of privacy over preexisting messages. Contrary to several lower court decisions, this article argues that the acquisition of future, incoming communications from recipients’ devices (with or without consent) invades senders’ reasonable expectations of privacy under section 8 of the Charter and constitutes an “interception” requiring judicial authorization under section 184.2 of the Criminal Code.
The Shopkeeper’s Privilege and Canadian Tort Law
Authors: McInnes Mitchell , Simpson Adam
Published: January 2019

Shoplifting is a major issue in Canada, with 87 percent of small and medium sized stores victimized each year. As a result, shopkeepers face a difficult decision between allowing this loss of product, or detaining the individual and facing tortious liability for an unlawful arrest. The legal debate regarding allowing a shopkeeper’s privilege to detain an individual, when they have reasonable suspicion of theft, attempts to balance competing values of personal liberty and the protection of property. Due to the changing context surrounding this issue, the Ontario Superior Court of Justice recently endorsed the shopkeeper’s privilege in Mann v. Canadian Tire Corporation Ltd. In Mann, Justice Akhtar drew on existing Canadian, American, and United Kingdom jurisprudence to articulate a new test for shopkeeper’s privilege in Canada.
Sober Second Thoughts: Litigating Purchase and Sale Agreements in the Energy Industry
Authors: Marion Michael A. , Pittman Miles , Desbarats Leanne , McGeough Blair
Published: January 2019

This article explores common legal issues that arise in the purchase and sale of energy assets. Legal disputes are frequent because of the complex nature of these transactions. The authors begin by discussing the ambiguities in purchase and sale agreements, and how the courts interpret them. Second, the authors analyze the types of disputes that can arise prior to closing that can compromise or frustrate the finalization of the sale. Third, post-closing disputes relating to the subject-matter of transactions, breaches of representations and warranties, and the mechanics of indemnities are considered. Finally, the authors close by examining other issues which may impact the ability of a party to bring a claim.
Access to Justice, Judicial Economy, and Behaviour Modification: Exploring the Goals of Canadian Class Actions
Authors: Good Matthew
Published: January 2019

The author examines the three goals of class actions
in Canada: access to justice, judicial economy, and
behaviour modification, with a focus on the preferability
inquiry at certification. A comprehensive analysis of the
goals is undertaken through an examination of the
various law commission reports, critical commentary,
and case law from the Supreme Court of Canada and
lower courts in every Canadian jurisdiction with class
proceedings legislation. While courts and commentators
have focused on the economic aspects of access to
justice in certification applications, the author advances
the position that the definition and use of access to
justice needs to be broadened, mainly by considering
non-economic factors. The certification stage is vital to
access to justice as it can transform claims that are
otherwise non-viable (because the cost of litigation
exceeds any potential benefits) into aggregate viable
claims. Through this transformation, certification
breathes new life into substantive rights, something that
the author asks the courts to consider when they engage
with whether or not to certify a class.
Who is Afraid of the Big Bad Social Constructionists? Or Shedding Light on the Unpardonable Whiteness of the Canadian Legal Profession
Authors: Smith Charles C.
Published: January 2019

This article considers the lack of racial diversity in the legal profession, which is lower than other comparable professions. The author focuses on accessibility to the legal profession and entry into the practice. Historically, access was limited, and sometimes prohibited, by discriminatory social and statutory barriers. Tuition for post-secondary education is now a central barrier that increasingly divides along racial lines, due to the nexus between class and race. Despite the attention given to the problem of lack of racial diversity in the legal field through reports, task forces, surveys, and so forth, there is still much progress needed in order to ensure that the diversity ofthe profession reflects the makeup of the country's population. The author advocates the elimination of barriers to legal education and subsequent entry into the profession through cooperative initiatives between schools, firms, legal associations, and community organizations in order to increase racial equity and diversity within Canada’s legal profession.
The End(s) of Self-Regulation?
Authors: Devlin Richard F. , Heffernan Porter
Published: January 2019

Self-regulation is a sacred cow of the Canadian legal profession. The authors question this assumption on several levels and ask whether, in a liberal democratic society such as Canada, self-regulation really is in the public interest. The advantages and disadvantages of self-regulation are discussed in the context of other Commonwealth nations who have moved away from this type of regulatory structure. Though the self-regulation debate has been traditionally viewed as a "one way or the other" argument, calibrated regulation seems to be a possibility in Canada and, in fact, steps have already been taken in this direction. Devlin and Heffernan conclude by proposing the creation of a Task Force — The Sponsors’ Table on the Regulation of the Legal Profession — to reconsider the present state and future possibility of recalibrated regulation in Canada.
The EPC Contract and the Energy Lawyer
Authors: Olyan Arnold H. , Taylor John K.
Published: January 2019

With conventional reserves on the decline and large scale energy projects enticing a broader array of energy producers and transporters to consider participation, it is inevitable that energy lawyers willbe called to advise upon and document the contracts that will facilitate the engineering, procurement, and construction (EPC) of these projects leading to commercial operation. This article surveys the marriage of owner and contractor that results from such contracts, beginning with preliminary issues such as control and tolerance for risk, moving through the various contractual methods to align the parties' interests while anticipating, and responding to to fluctuating circumstances, and ending with options for both owners and contractors when faced with a deteriorating relationship.
The National Energy Board as Intermediary Between the Crown, Aboriginal Peoples, and Industry
Authors: Popowich Morris
Published: January 2019

Recent Supreme Court of Canada decisions have forced the National Energy Board to reconsider its responsibilities with respect to Aboriginal peoples.  This has impacted the Board's ability to clearly articulate its policies and procedures, specifically in the area of consultation with Aboriginal peoples, as the legal standard for consultation seems to change from year to year and stakeholders on all sides of the regulatory process press the Board to interpret these legal requirements in a way that suits their interests best. This article outlines challenges facing the Board with respect to consultation with First Nations and identifies strategies through which it has attempted to address them. Specifically, it describes the Board's policies on consultation and its administrative response to the MacKemie Valley pipeline regulatory review. The article assesses the viability of these strategies in light of challenges the Board is likely to face in the near future.
Transferring Alberta's Gas Flaring Reduction Regulatory Framework to Nigeria: Potentials and Limitations
Authors: Odumosu Ibironke T.
Published: January 2019

The article reviews the Albertan and Nigerian gas  flaring regulatory frameworks, examines theirdifferences, and attempts to determine the extent to which certain aspects of the Alberlan framework can (not) be adopted in Nigeria. In this regard, the author also offers a brief review of various legal transplant theories and a background of regulation in both jurisdictions. The author ends by offering suggestions as to what concepts and principles may (not) be viably transferred.
A Purposive Approach to Whistleblower Protection: A Comment on Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771
Authors: Doyle Sean C.
Published: January 2019

Case comment on Merk v International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771.
Tracking Liability – Traceability and the Farmer
Authors: Farnese Patricia
Published: January 2019

Many farmers are reluctant to enter into traceability programs, which would create a record of the source and movement of raw farm products. Farmers are concerned that these programs could make them more vulnerable to regulatory offence prosecution and negligence lawsuits, as lite protection vulnerable afforded by anonymity is lost. However, participating in a traceability program may assist a farmer in protection establishing due diligence and reasonable care. Canadian jurisprudence also suggests that it will likely be difficult to overcome the causation stage of a negligence claim and ultimately prove a farmer's liability. Moreover, farmers will also benefit from the restrictive treatment of pure economic loss claims Canadian courts. Traceability programs would therefore prove to be more positive than negative for Canadian farmers.
Waste in the Land of Plenty: An Examination of the Theoretical Implications of Waste on the Alberta Oil Sands Deposits
Authors: Metcalf Jason
Published: January 2019

Oilfield waste is a concern addressed by legislation in both Alberta and Saskatchewan. This article examines the legal meaning of waste in contrast with practical examples of oilfield techniques that unnecessary waste. The author notes that oil is renewable resource; thus, conservation measures the regulation of wasteful operations are appropriate measures from an economic perspective. While some conservation waste is inevitable, statute and case law demand that cost-effective measures be taken to avoid unnecessary waste. The policy mandate to prevent waste may be reduced to a simple point: the supply of oil is finite, and avoiding waste allows the maximum amount of profit from a limited resource.
Double N Earthmovers Ltd. v. Edmonton (City of): The Erosion of the Law of Tendering as Set Out in R. v. Ron Engineering & Construction (Eastern) Ltd.
Authors: Manderscheid Q.C. Don J.
Published: January 2019

No Abstract
Calling Power to Account: Law, Reparations, and the Chinese Canadian Head Tax Case, David Dyzenhaus & Mayo Moran, eds. (Toronto: University of Toronto Press, 2005)
Authors: Purvis Trevor
Published: January 2019

No Abstract
Child Representation in Alberta: Role and Responsibilities of Counsel for the Child in Family Proceedings
Authors: Bala Nicholas
Published: January 2019

There has been an increase in the number of family law cases in Alberta where counsel is appointed to represent a child, but there is a lack of guidance and there is controversy about the role and responsibilities of counsel for the child. In other jurisdictions government agencies, the courts, the legislature or the law society have provided clear direction, though taking different approaches to resolving the controversies about counselfor the child. This article reviews the different roles adopted by counsel appointed to represent a child in afamily proceeding: the child advocate, the best interests guardian and the friend ofthe court. It is argued that in Alberta there is no single role that is appropriatefor alt cases. While the child's wishes should always be placed before the court, counsel should only advocate based on those wishes if the child has capacity to instruct counsel. This article offers detailed suggestions for the professional responsibilities of counsel for the child, and concludes by making recommendationsfor action by the Law Society ofAlberta and Government of the Province if these bodies are to meet their responsibilities to children.
A Canadian Commentary on Constructive Expropriation Law Under NAFTA Article 1110
Authors: Young Raymond E.
Published: January 2019

By virtue of the Constitution Act, 1982. Canada has established that some rights andfreedoms are beyond the reach ofgovernment. However, the protection of properly, especially with regard to the guaranteeing of compensation ifproperty is taken by the state, has not been elevated to this same level of constitutional protection. This article examines regulatory takings claims under Article 1110 ofthe North American Free Trade Agreement and provides an exposition of the law insofar as it has developed in the NAFTA context. It begins with a survey of constructive takings in international and domestic U.S. law and concludes by highlighting the obvious differences between the protection afforded to foreign NAFTA investors in Canada and domestic owners of properly when property is taken.
"Now it's My Rights Versus Yours" Equality in Tension with Religious Freedoms
Authors: McGill Jena
Published: January 2019

This article focuses on cases involving the equality rights of gay, lesbian, bisexual, and queer people in tension with the religious freedoms of faith-based communities that denounce gay, lesbian, bisexual, and queer identities and same-sex intimacy. Part II focuses on the idea of rights in tension and considers the jurisprudence of competing rights, as well as the existing legal framework for reconciling conflicting Charter rights. Part III considers four appellate level religion-equality cases from the past 15 years. Part IV discusses the conflict of rights in these cases and their future implications.
Toward Tort Liability for Bad Samaritans
Authors: Linden Allen
Published: January 2019

Good Samaritan laws are common throughout Canada and the United States. The rationalefor the development of Good Samaritans law has been that the benefit of immunity for GoodSamaritans is more altruistic than the punishment of liability for Bad Samaritans. However,our tort law’s declaration that one need not assist one in danger weakens the moral statureof our law. Our law supports those who do the right thing and denounces those who do thewrong thing. The intrusiveness of liability for bystanders is usually argued against BadSamaritan laws. However potential liability is rare; the moral stature of our law is worththe effort to resolve this issue.
Contribution Between Negligent Tortfeasors and Unjust Enrichment: An Outline of a Solution to the "No Benefit to B" Issue
Authors: Cheifetz David
Published: January 2019

Traditional understandings of contribution claims hold that a payment by one tortfeasor that benefits a second is a necessary element of a successful claim. However, circumstances may arise where that second tortfeasor gains immunity from liability after the common liability has already crystallized. These circumstances create an issue of “No Benefit to B.” This article examines claims for contribution between tortfeasors where a “No Benefit to B” issue arises. It argues that, in such circumstances, an award for contribution is not always contrary to principle. The article also provides a judicial analysis that can be used to decide whether to allow a contribution claim to succeed in the context of the “No Benefit to B” issue.
Multi-Party Disputes: Equities Between Concurrent Tortfeasors
Authors: Adjin-Tetley Elizabeth
Published: January 2019

A several concurrent tortfeasor that satisfies a plaintiff’s entire damage under liability in solidum will pay more than their fair share of the plaintiff’s loss. Apportionment legislation attempts to remedy this injustice through contribution and indemnity from other concurrent tortfeasors. However, the unsatisfactory wording of apportionment statutes offers no clear direction on who is entitled to contribution and against whom such a claim can be made. In practice, this can result in unfairness to the paying tortfeasor. This article explores some of the issues arising from joint liability of concurrent tortfeasors and proposes three main areas of reform to ensure fairness between concurrent tortfeasors liable for the same damage.
The Dean Who Went to Law School: Crossing Borders and Searching for Purpose in North American Legal Education, 1930–1950
Authors: Adams Eric M.
Published: January 2019

This article is about the making of modern legal education in North America. It is a case study of the lives of two law schools, the University of Alberta, Faculty of Law and the University of Minnesota Law School, and their respective deans, Wilbur Bowker and Everett Fraser, in the decades surrounding the Second World War. The article follows Bowker’s unorthodox route to Alberta’s deanship via his graduate training under the experimental “Minnesota Plan” — Fraser’s long-forgotten effort to place public service at the centre of American legal education. In detailing an overlooked moment of transition and soulsearching in North American legal education, this article underlines the personalities, ideologies, circumstances, and practices that combined to forge the still dominant model of university-based legal education across the continent. Highlighting the movement of people and ideas, this study corrects a tendency to understand the history of law schools as the story of single institutions and isolated visionaries. It also reveals the dynamic ways in which law schools absorbed and refracted the period’s ideological and political concerns into teaching practices and institutional arrangements. In bold experiment and innate conservatism, personal ambition and institutional constraints, and, above all else, faith in the power of law and lawyers, the postwar law school was born.
Timing of Canadian Project Approvals: A Survey of Major Projects
Authors: Reed Kurtis , Grant Bradley , Anderson Cameron , Drance Jonathan S.
Published: January 2019

This article provides a detailed canvassing of the Canadian energy project approval process, beginning with an examination of the evolution of the project approval process in Canada and the current legal framework under the Canadian Environmental Assessment Act, 2012. The article then applies the framework to numerous major energy project approvals in Canada from 2010 to present day, and provides a comparative analysis to the project approval processes in both the United States and Australia in order to find possible solutions to the issues plaguing our current system. This article identifies and discusses current, practical issues and provides recommendations for how the project approval process in Canada can become more efficient for all those involved.
Canadian Production in and to American Markets: Bilateral Trading Issues
Authors: Riegert R. W. , Lane R. J.
Published: January 2019

The main concern of this article is the bilateral trade relationship between the United States and Canada, and specifically trade involving the energy industry. The main areas of the trade relationship are examined. First, the aims of the North American Free Trade Agreement are examined to show how it differs from, expands and improves upon the Free Trade Agreement. Second, four areas of commercial law are examined: The Uniform Commercial Code; U.S. federal legislation designed to control conflicting state laws; products liability dealing with the potential liability of Canadian manufacturers to American consumers; and the United Nations Convention on Contracts for the International Sale of Goods. Third, there is advice to Canadian manufacturers on ways to avoid becoming liable for American tax. Fourth, the harmonization of American and Canadian trade and financial statutes in the areas of countervailing duties, dumping, anti-trust and customs tariffs is discussed. This is followed by advice on the different taxation policies followed by the United States and Canada and the implications for bilateral trade. Provisions for the transfer of possession of products are discussed as are immigration questions raised by the entry of Canadians into the United States to sell their products. Finally, the regulation of interstate commerce in the United States is examined.
A Rational Approach to Cabinet Immunity Under the Common Law
Authors: Campagnolo Yan
Published: January 2019

The public interest immunity (PII) doctrine empowers the government to suppress information, the disclosure of which would injure the community as a whole. However, when such information is relevant to the fair adjudication of legal rights, a tension arises between two competing aspects of the public interest: the interest of good government and the interest of justice. This tension raises questions of constitutional importance. Who should decide which aspect of the public interest must win? How should that decision be made? The aim of this article is to address these questions. In the first section, it is claimed that the courts, as opposed to the government, should have the final word on the validity of PII claims, as it would be contrary to the rule of law to prevent them from meaningfully reviewing the validity of PII claims and controlling the admissibility of evidence in legal proceedings. In addition, because of their greater independence and impartiality, judges are better placed than public officials to fairly adjudicate PII claims, especially when the government is a party to the proceedings. No classes of government secrets, not even Cabinet secrets, should be exempted from judicial review. While there is a consensus on these principles under the common law, the level of deference afforded to Cabinet immunity claims, and the way in which these claims are assessed, is not consistent in the Commonwealth. To fix this shortcoming, in the second section, it is argued that the courts should adopt a new rational approach consisting of four pillars: a narrow standard of discovery, an executive onus of justification, a cost-benefit analysis, and a judicial duty to minimize injury. The implementation of a rational approach would bolster predictability, certainty, and transparency in the judicial assessment of Cabinet immunity claims, and foster a better balance between the interests of good government and justice.
A Brick-Sorting LEGO Robot
Authors: Pérez Arturo , Dawson Michael R. W.
Published: January 2019

Arturo Pe ́rez is a senior undergraduate psychology student at Universidad Diego Por-tales in Santiago, Chile. In the Fall term of 2012, Arturo spent 3 months at the Universi-ty of Alberta, hosted by Dr. Michael Dawson and the Biological Computation Project (BCP). The general goal of his visit was to establish collaborative ties between this U of A laboratory and the Centro de Estudios de la Argumentacio ́n y el Razonamiento (CEAR) at UDP. A more specific purpose was to explore the BCP’s approach to using simple robots to explore basic ideas in embodied cognitive science. Arturo’s explora-tions involved creating, programming, and testing a new robot designed to sort ele-ments in an arena. The purpose of the current paper is to report on Arturo’s robotics research at the BCP.
Experiences of “Hospitality” by Racialized Immigrant Pre-service Teachers on Canadian School Landscapes: A Phenomenological Perspective
Authors: Skogen Rochelle , Mulatris Paulin
Published: January 2019

Through a phenomenological perspective, we frame the experiences of “hospitality” of racialized immigrant student teachers as they recount their field placements in a number of Canadian schools. This article presents the following themes which emerged from the study, and which also serve as section titles: 1) The classroom door as threshold: Crossing workaday and festive worlds; 2) More foreign than foreign; Stranger than strange; 3) You are who I think you are; Not who you know you are; 4) Actively inviting the threshold; Passively accepting the barrier; 5) Sensing the cold: The hostility in hospitality as hostil/pitality?; 6) The hiddenness of potential: Growing in foreign soil; 7) The strangeness of Canadian students: Hospitality beyond hospitality; 8) Inspiriting the festive: Pedagogy as hospitality. The paper concludes by showing that living hospitably with the foreign-other on the Canadian school landscape is not so much a problem as it is an invitation for teachers to realize the call of their vocation.
Whose Eyes?: Women’s Experiences of Changing in a Public Change Room
Authors: Clark Marianne
Published: January 2019

Fitness and recreation centres populate today’s modern urban communities and cater to a wide range of people seeking health, fitness and social connection through physical activity. While women’s experiences in these spaces have received some scholarly attention from feminist scholars and scholars of the body, little research has explored women’s lived experiences of the change room. In this paper, I argue that everyday spaces such as change rooms and locker rooms are important spaces in which social understandings of the female body manifest. In such spaces, the materiality of the body and the social meanings ascribed to the female body are illuminated and negotiated by those who inhabit and move through them. Using Sartre and Merleau-Ponty as theoretical guides, I discuss how it is for women to see and be seen in a public change room, and how these spaces illuminate the complex relationship women have with their bodies in contemporary society.
Seven Epochēs
Authors: Embree Lester
Published: January 2019

Some clarification is attempted for concepts of what is often loosely called “phenomenological reduction” in general and its most important species for the cultural disciplines.
Exploring Education Through Phenomenology: A Review of Gloria Dall’Alba’s (Ed.) Diverse Approaches
Authors: Cocek Chris
Published: January 2019

As educators, we tend to go about a typical day anticipating lessons, discussing pedagogical practices with colleagues, and engaging students with thoughtfully developed instruction. As attentive practitioners, we take a few minutes and reflect on the day’s proceedings and construct revised pedagogical strategies to better meet the needs of the students. However, what aspects of the pedagogical lifeworld would we think about if we decided to step back from the complexities, deadlines, and commitments that are part of the daily teaching routine, and take the time to really ponder pedagogy? I believe that Gloria Dall’Alba would encourage us to pick up her book and enter into the world of education as seen through a phenomenological perspective...
Planning for the unplannable: Responding to (un)articulated calls in the classroom
Authors: Westfall-Greiter Tanja , Schwarz Johanna F
Published: January 2019

In this paper, the authors explore the pedagogical call as an articulated or unarticulated appeal from children in classroom settings and the many facets of pedagogical responsivity as they in vignettes stemming from a research project, funded nation-wide in Austria. While instruction can be planned, the pedagogical call can be understood as an appeal that occurs in medias res, in the midst of an event in the pedagogical situation, and can at best be anticipated. This dilemma of planning for the unplannable is constitutive of the pedagogical relation and addressed in the discourse regarding pedagogical tact in both North America and Europe. In seeking to gain insight into educational processes and learning through the lived experiences of 5th-grade students in Austria’s “New Middle School” reform pilot, researchers were faced with a similar dilemma: How to capture the experiences of others, of children at school in medias res? The authors therefore provide background to their vignette research as a framework for their readings oriented to the pedagogical call as they arise in two vignettes. While articulated calls, and articulated responses, tend to be more straightforward, the authors address the difficulty of recognizing an unarticulated call of which the student is unaware, as well as recognizing no response as a response on the part of the teacher. Refraining from judgment as to the pedagogical quality of the teachers' actions, the authors conclude by addressing two critical aspects of the discourse on pedagogical tact driven by the principle of individuality: the underlying assumption that the other can be understood and the inherent concept of the pedagogical situation as one-to-one contact, the former ignoring the inaccessibility of the other and the latter neglecting the institutional laws that govern school reality.
Using Simulation and Virtual Practice in Midwifery and Nursing Education: Experiencing Self-Body-World “Differently”
Authors: James Susan , Cameron Brenda
Published: January 2019

The journey into the world of midwifery or nursing requires the student to attend to the intertwining of self-body-world in order to shift their knowledge of self-body-world into a client/patient-centered context. One of the teaching-learning strategies used to provide safe opportunities is the use of simulations and virtual practices. Rather than learning intimate acts of touching, or life and death decision-making in situations with actual clients/patients, students enter their learning world with rubber torsos, cloth babies, and cyber clinics. The “other” is a simulated other, not a human. How does the student shift from seeing this simulated other as object to a sense of other as subject? In our world of constant use of technology for communication and entertainment, do students shift in and out of a cyber world easily or are they more captured by the simulated experience than with the human world? Has the human world redefined itself where the intertwining of self-body-world blurs the sense of where human body ends and cyber or simulated world begins? What is the place of Bildung when engaged with a cyber other? As a result of educational challenges, including rising enrolments, limited clinical placement opportunities, and increasing risk management concerns, there has been a proliferation in the use of simulation as a teaching strategy (Fox, Damazo, 2013; Schmitt, Gilbert, Brandt, Weinstein, 2013). This has left us –the authors– wondering about the student experience of simulation. What do they learn? How do they learn? How can this learning be applied in practice?
The Eco-Improvisatory-Theatre of Merleau-Ponty’s Phenomenological Narrative
Authors: Preece Bronwyn
Published: January 2019

Illustrating how Merleau-Ponty’s enigmatic phenomenology lends itself beautifully to both theatrical and ecological analysis, this essay examines how his work heralds a call to engage with our world on an embodied, improvisatory level. Exploratory improvisation and Merleau-Ponty’s phenomenology mitigate notions of distance into a causal relationship towards (re)engaging wholeness, by inviting the sensuous intimacies of interaction: with ourselves, with each other, with earth…. in distance, in proximity. Maurice Merleau-Ponty’s phenomenology must be embodied and experienced with a consciousness, an alertness and perceptive awareness of the act of engagement. The call to action by Merleau-Ponty begets an improvisatory eco-theatre; however it is not a move towards environmental activism. This paper illustrates how improvisation is a means to experientially make clear this delineation, which is crucial to overcome the dichotomies of separation and otherness that have been so entrenched in the Western world. Re-engaging our sensitivity of improvising as tool for survival, in a world where our sensitivities are all too often socially-placated and dulled is where the work of Merleau-Ponty and where theatre can be an active tool for re-imagining a future, our future. Merleau-Ponty’s eco-theatre is holistic, is inclusive and is most definitely a form of activism (or act-of-vision): a phenomenology that, properly and fully grasped, can be embodied through a ‘theatrical’ practice, specifically through exploratory improvisation.
From Necker Cubes to Polyrhythms: Fostering a Phenomenological Attitude in Music Education
Authors: Van der Schyff Dylan
Published: January 2019

Phenomenology is explored as a way of helping students and educators open up to music as a creative and transformative experience. I begin by introducing a simple exercise in experimental phenomenology involving multi-stable visual phenomena that can be explored without the use of complex terminology. Here, I discuss how the “phenomenological attitude” may foster a deeper appreciation of the structure of consciousness, as well as the central role the body plays in how we experience and form understandings of the worlds we inhabit. I then explore how the phenomenological attitude may serve as a starting point for students and teachers as they begin to reflect on their involvement with music as co-investigators. Here I draw on my teaching practice as a percussion and drum kit instructor, with a special focus on multi-stable musical phenomena (e.g., African polyrhythm). To conclude, I briefly consider how the phenomenological approach might be developed beyond the practice room to examine music’s relationship to the experience of culture, imagination and “self.”
Editorial: Life Phenomenology--Movement, Affect and Language
Authors: Smith Stephen , Saevi Tone , Lloyd Rebecca , Churchill Scott
Published: January 2019

The “life phenomenology” theme of the 35th International Human Science Research Conference challenged participants to consider pressing questions of life and of living with others of our own and other-than-human kinds. The theme was addressed by keynote speakers Maxine Sheets-Johnstone, Ralph Acampora and David Abram who invoked a motile, affective and linguistic awareness of how we might dwell actively and ethically amongst human communities and with the many life forms we encounter in the wider, wilder world we have in common. Conference participants were provoked to consider the following questions: “How might phenomenology have us recognize a primacy of movement and bring us in touch with the motions and gestures of the multiple lifeworlds of daily living? What worlds from ecology to technology privilege certain animations? What are the affects and effects of an enhanced phenomenological sensitivity? What senses, feelings, emotions and moods of self-affirmation and responsiveness to others sustain us in our daily lives? And to what extent might the descriptive, invocative, provocative language of phenomenology infuse the human sciences and engender a language for speaking directly of life?”
The Reader's Sticky Note
Authors: Yin Yin
Published: January 2019

The sticky note is a ubiquitous yet taken-for-granted item of modern life. Its sticky invitation to note-making has made it a compelling and wholly fragmentary organizational tool. Examining this simple technology in the reader’s lifeworld, this article aims to glean insight into the phenomena of memory, noting, reading, and the ongoing yet ineffable moments of meaning-making in our everyday life.
The Purse: Carrying Around My Private World
Authors: Glenn Nicole
Published: January 2019

The purse is an object so ordinary and everyday that it is unlikely to have elicited much thought or reflection. Nevertheless, its capacity to extend the domestic into the foreign and provide a private space in public mark it as unique. In this paper, inspired by Heidegger’s jug, I examine the particularities of the purse and reflect on its unique meanings as a carrier of a private world.
Golden Paper, a Chain and a Bag: A Phenomenology of Queer Things in a Special Needs Education Unit
Authors: Evensen Kristin , Standal Øyvind , Ytterhus Borgunn
Published: January 2019

Children naturally play with things in both expected and unexpected ways. A stick, a spoon, or a chain of pearls may each seem to contain a goldmine of possibilities for the individual child. Every child encounters an object according to their own predilections and abilities. Some children, due to severe and multiple disabilities, are restricted in their possibilities to approach certain things. In this paper, we explore the existential meaning of “queer things” as a way to understand how two children with disabilities reach out to objects in an educational space, where they relate to themselves, to things, as well as to others.
Book Review
Authors: Emme Michael
Published: January 2019

A review of Lingis, A. (2010). Wonders Seen in Forsaken Places: On photography and the photographs of Mark Coehn. Chester Perkowski.
A Study on Pre-service Mathematics Teachers’ Questions in Microteaching
Authors:   The Korea Society Of Educational Studies In Mathematics, Shim Sang Kil
Published: January 2019

This study explores features and changes on pre-service mathematics teachers’ questions in microteaching conducted twice and analyzed relevant data about their questions. The results of the study reveal that pre-service mathematics teachers use factual questions most in their microteaching by explaining main concepts and showing how to solve relevant problems. On the other hand, they do not use probing questions which are for explaining students’ opinions and clarifying their ideas. However, the study shows pre-service mathematics teachers’ changes of perspectives and willingness to improve in their future classes through two-times microteaching classes. Thus, pre-service mathematics teachers should be encouraged to reflect their own classes so that they can motivate students and promote their critical thinking. Furthermore, it is necessary to operate systematic programs in universities which are teacher training institutes in order that pre-service mathematics teachers can learn how to make the best use of probing questions in classes as well through their participation and experience in diverse classes.
An Analysis of High School Students’ Statistical Literacy: Students’ Achievement and Difficulties of Statistical Inquiry
Authors:   The Korea Society Of Educational Studies In Mathematics, Ju Mi-Kyung , Kim So-Yeon , Bae Ki-Tae , Jeong Hee-Su , Jung Soo-Yong
Published: January 2019

As statistical literacy is emphasized as one of key competences, there is an increasing social concern for reforming statistics education. In this context, this study analyzed high school students’ statistical project reports to investigate the characteristics of their statistical literacy. The analysis revealed the difficulties that students may experience in designing and conducting data collection, analysis, and making statistical inference with coherence to research questions. This suggests that statistics instruction should provide students with opportunity to analyze the validity of an entire statistical inquiry process. In addition, the students experienced difficulty in applying statistical concepts and principles. So statistics instruction should provide authentic learning experience to help students understand the connection between statistics and real world. Lastly, it is necessary to develop instructional materials and activities to enhance students’ critical awareness and ethics toward statistical information.
LAPAROSCOPIC CHOLECYSTECTOMY;
Authors: Surahio Abdul Rashid , Ahmad Khan Ashar , Memon Muhammad Anwar , Laghari Abdul Aziz
Published: January 2019

Objectives: Toevaluate the outcome of laparoscopic cholecystectomy as compared with open cholecystectomy in compensated cirrhotic patients. Study Design: Prospective randomized study. Setting: Department of Surgery, Liaquat University Hospital, Jamshoro. Liaquat University Hospital is Tertiary Care Hospital in the region of Hyderabad and Jamshoro. Period: Three years from January 2011 to December 2014. Patients and Method: Total 172 patients presentedwithsymptomatic gall stone disease and compensated cirrhosis were randomly divided in to two groups, open cholecystectomy group and laparoscopic cholecystectomy group. Study variables were age, sex, cause of cirrhosis, surgical time, blood loss during and after surgery, hospital stay and postoperative complications. After inform consent, data was collected on preformed proforma. For statically analysis SPSS 16 were used, statically significance were defined a P value < 0.05. Results: In patients for open cholecystectomy group cirrhosis was developed due to secondary infection hepatitis C in 56 (65.88%), hepatitis B in 21 (24.70%) and hepatitis B & C in 08 (9.42%). In laparoscopic cholecystectomy group patients cirrhosis was developed due secondary infection with hepatitis C in 62 (71.26%), hepatitis B in 15 (17.24%) and hepatitis B & C in 10 (11.5%). Laparoscopic cholecystectomy was done on 79 (90.80%) and eight (9.20%) patients converted in to open cholecystectomy due to difficult dissection in three patients and bleeding  developed into five patients. The time of surgery was shorter in laparoscopic cholecystectomy group (60.15±15 min) as compared to 75.10±15 minutes in open cholecystectomy group. Oral diet was started early (08-18H) after laparoscopic cholecystectomy as compared to open cholecystectomy (24-12) hours. Hospital stay was also shorter in laparoscopic cholecystectomy group (1.5±1) days versus 03±01 day in open cholecystectomy group. Conclusion: Laparoscopic cholecystectomy is safe, more feasible, needless operative time and less postoperative complicationsin compensated cirrhotic patient as compare to open cholecystectomy but laparoscopic cholecystectomy needs more expertise and availability of instruments.
ACUTE MYOCARDIAL INFARCTION;
Authors: Ahmad Shakeel , Nazim Muhammad , Munir Rizwan , Ilyas Hafiz Muhammad Faiq , Asghar Naeem , Javeed Shaukat
Published: January 2019

Objectives: To assess the impact of myocardial infarction on quality of life in four year survivors and to determine factors associated with a poor quality of life. Design: Descriptive study. Settings: Faisalabad institute of cardiology Faisalabad. Duration of Study: 1st November 2017 to 30 April 2018. Sample Size: Sample size was 200 as calculated by WHO sample size calculator. Sampling Technique: Non probability consecutive sampling. Subjects: All patients diagnosed with acute myocardial infarction during 2013 and alive at a median of four years. Patients and Methods: 200 patients presenting in outdoor for routine follow up checkup who got MI approximately four years ago in year 2013 were included in the study. Results: 200 patients with an acute myocardial infarction in 2013 and alive and capable of responding to a questionnaire in 2018 were included in the study. Physical functioning was normal in 63%, fair in 25% and disturbed in 12% of patients. Social life functioning was normal in 66%, fair in 26% and disturbed in 8% of patients. No Angina episodes in 61.5%, 1 to 2 angina episodes per month in 25% and more than 3 episodes per month in 13.5% patients. 59% of patients were doing routine jobs, 21.5 % were doing off and on job and 19.5% were not doing any job after MI. Conclusions: this study provides valuable information for the practicing clinicians. Impaired quality of life was reported by patients, unfit for work, those with angina and dyspnea, patients with coexistent lung disease, those with anxiety and sleep disturbances and other co-morbid conditions. Improving quality of life after MI remains a challenge for practicing physicians.
The role of tourism stakeholders at Jasri tourism village development, Karangasem regency
Authors: Suniastha Amerta I Made
Published: January 2019

The success on the development of tourism in a tourist destination depends on the role/participation of tourism stakeholders in the area. Similarly, in the development of rural tourism in the Pakraman Jasri Village. Since the beginning or the planning of tourism development in this village until the time of its development, the tourism stakeholders, namely the local community, government, and investors in this village have been actively and directly involved in supporting the development of Jasri Tourism Village. This writing aims at knowing and understanding the role of tourism stakeholders in Jasri Tourism Village which considered have played the important role in developing tourism in the village. This research was conducted by using the qualitative method in accordance with the rules of scientific research and the paradigm of Cultural Studies. The result of the study showed that the role of tourism stakeholders can be seen in the early planning of Jasri Tourism Village and in the development of Jasri Tourism Village. The tourism stakeholders at Jasri Village have done some efforts to make sure that the development of Jasri Tourism Village will be a success and able to give a significant impact, particularly in improving the welfare of the local society of the Pakraman Village of Jasri in the future time.