bluuebunny/crossref_metadata_2025 huggingface dataset:
Desórdenes de la película lagrimal, el mal de la mitad del mundo
Authors: Buitrón Sandra P. , Quiroga Sofía C. , Vargas Gynna C. , Rodríguez-Guerra Andrea
Published: January 2019

El comportamiento de la película lagrimal sobre la superficie ocular depende de factores propios del individuo, hábitos y factores externos. La combinación de estos elementos puede producir alteraciones (ojo seco). El objetivo del estudio fue establecer la incidencia de este en personas residentes en Quito; se ha utilizado técnicas de diagnóstico de bajo costo en consultas optométricas. Se evaluó la cantidad y calidad con el test de Schirmer I y Test de Break Up Time a 493 individuos (44,2 % hombres y 55,8 % mujeres). Las alteraciones de esta se clasificaron en cinco grupos: hiper-lagrimación refleja y evaporación; hiper-lagrimación refleja; hiposecreción lagrimal; alteración de la película lagrimal por evaporación, hiposecreción lagrimal y evaporación. El 86,6 % de la población posee alguna alteración de la misma; hay mayor prevalencia de la alteración por evaporación. El género incide; la cantidad de lágrima es mayor en mujeres. Sin embargo, en el ANOVA, dicha variante fue irrelevante. En cuanto a la edad, se observó una disminución progresiva de la calidad lagrimal con el incremento de la edad. Este estudio demuestra el alto índice de individuos con alguna alteración de la lágrima y, por lo tanto, aboga por el aumento de investigaciones sobre esta afección en poblaciones andinas.
Variabilidad de la frecuencia cardiaca como método de diagnóstico precoz para sepsis en neonatos con factores de riesgo
Authors: Fonseca Silva Elizabeth Alexandra , Fonseca Silva Sylvia Paulina , Castro Yesenia , Gea Izquierdo Enrique , Naranjo Alfredo , Hinojosa Sandoval Miguel
Published: January 2019

La sepsis es una patología frecuente en las unidades de cuidados intensivos neonatales, por lo tanto, se requiere contar con marcadores predictores tempranos, no invasivos y de bajo costo para hacer el diagnóstico. Se pretendió validar la variabilidad de la frecuencia cardíaca (VFC) en recién nacidos (RN) con factores de riesgo de sepsis temprana, para su aplicación como método diagnóstico. Esta es una investigación descriptiva observacional individual transversal, en 100 neonatos a término y pretérminos tardíos, con riesgo de sepsis temprana y con otras patologías no infecciosas; se les monitoreó la VFC con el equipo Polar V800, en las primeras 24 horas de vida. Se utilizaron medidas estadísticas descriptivas, Mann-Whitney, Fisher, sensibilidad, especificidad, valor predictivo positivo (VPP), valor predictivo negativo (VPN), razón de verosimilitud (RV) y curvas ROC (Característica Operativa del Receptor). El único parámetro estadísticamente significativo con una p 0,043, que diferenció a los RN con y sin riesgo de sepsis, fue el promedio de la frecuencia cardíaca (FC). El único parámetro de la VFC que tuvo mayor sensibilidad (64 %) y especificidad (37 %) fue el número de intervalos R-R (m R-R), ésta es inversamente proporcional al promedio de la FC. La VFC, por sàsola, no es un dato consistente para el diagnóstico de sepsis temprana en RN con ruptura prematura de membranas (RPM) mayor a 18 horas, debido a su baja sensibilidad y especificidad; es decir debe ser valorada conjuntamente con los antecedentes, cuadro clínico y exámenes complementarios de laboratorio.
CITRUS FRUIT QUALITY CLASSIFICATION BASED ON SIZE USING DIGITAL IMAGE PROCESSING
Authors: Dorj Ulzii-Orshikh , Dejidbal Uranbaigal , Chae Hongseok , Batsambuu Lkhagvadorj , Badarch Altanchimeg , Dalkhaa Shinebayar
Published: January 2019

A new computer vision algorithm for citrus fruit quality classification based on the size of a single tree fruits was developed in this study. The image properties of area, perimeter, and diameter for the citrus fruits were measured by pixels. In order to estimate citrus fruit size in a realistic manner, the ratios of diameter, perimeter and area in pixel values in relation to the actual size of one fruit were determined. The total of 1860 citrus fruits were grouped based on diameter, perimeter, and area in pixels. The results of the grouping of citrus fruits by diameter, perimeter and area were compared with the results of the survey research into citrus fruit size as conducted by the Jeju Citrus Commission. Comparative results reveal that the image of the citrus fruit diameter in pixels demonstrate a more accurate size than the other two pixel values, i.e. perimeter and area.
THE STUDY OF THE ANTAGONISTIC ACTIVITY OF BACTERIA SUPPRESSING THE SYNTHESIS OF PHENAZINES PSEUDOMONAS AERUGINOSA
Authors: Donchenko A. S. , Fomenko V. V. , Vasiliev V. G. , Afonyushkin V. N. , Donchenko N. A. , Kozlova Yu. N. , Koptev V. Yu.
Published: January 2019

The purpose of the study was the search for microorganisms capable of suppressing quorum feelings associated with the production of phenazines (pyocyanin). The formation of pyocyanine, related to oxyphenazines, is one of the indicators of the quorum-sensing reaction. In order to search for antagonistically active bacterial strains, the microorganisms were co-cullured with the cultures of Pseudomonas aeruginosa wherein the suppression of oxyphenazine production was determined. We used 14 cultures of bacteria from the genera Pseudomonas, Acinetobacter, Enterobacter, Staphylococcus, Microbacterium, Serratia, Sphingobacterium, Lactobacillus, Weisella to find strains suppressing the production of pyocyanin. Piocanin was successively extracted with chloroform and 0.2 M hydrochloric acid, after which its content was determined spectrophotometrically at a wavelength of 520 nm. Several bacterial cultures characterized by the ability to inhibit the production of oxyphenazine in co-cultivation tests with Pseudomonas aeruginosa were found. The identified microorganisms belonged to the microorganisms of the genera Acinetobacter and Pseudomonas, Lactobacillus and Weisella. The Kruskal-Wallis criterion - H (5, N = 21) = 11.86902 is statistically significant (p = 0.0366). The distribution of cultures in the inhibition of the production of oxyphenazines in the experiments on co-cultivation with Pseudomonas aeruginosa was not binomial, which implies the non-random nature of the distribution of cultures according to the results of co-cultivation. Thus, the levels of inhibition of the production of phenazines for different taxa of bacteria in the co-cultivation tests were statistically significantly different from each other. The largest sum of ranks belongs to the group Lactobacillus spp. and this taxon has the greatest effect on the content of phenazines. The decrease in the concentration of fhe final product (pyocyanin), the synthesis of which is initiated by butanol-homoserine lactone, can be associated with the mechanisms of quorum-quenching, and the mechanisms of antagonistic activity of microorganisms that affect the production of the aforementioned metabolites of P. aeruginosa.
Whole genome sequencing suggests transmission of Corynebacterium diphtheriae-caused cutaneous diphtheria in two siblings, Germany, 2018
Authors: Berger Anja , Dangel Alexandra , Schober Tilmann , Schmidbauer Birgit , Konrad Regina , Marosevic Durdica , Schubert Sören , Hörmansdorfer Stefan , Ackermann Nikolaus , Hübner Johannes , Sing Andreas
Published: January 2019

In September 2018, a child who had returned from Somalia to Germany presented with cutaneous diphtheria by toxigenic Corynebacterium diphtheriae biovar mitis. The child’s sibling had superinfected insect bites harbouring also toxigenic C. diphtheriae. Next generation sequencing (NGS) revealed the same strain in both patients suggesting very recent human-to-human transmission. Epidemiological and NGS data suggest that the two cutaneous diphtheria cases constitute the first outbreak by toxigenic C. diphtheriae in Germany since the 1980s.
Sophisticated 1:4 Scale Internet of Things Model Home for K-12 STEM Outreach
Authors: Kindelin Luke , Morgan Joseph , Brookins Jacob , Tijerina Avery , Morris Abigail
Published: January 2019

LANA Advanced Systems, a multidisciplinary Capstone Project team, has designed and built a quarter scale model home and embedded system interface board to connect control modules to enable K-12 students to interact with a high quality educational manipulative to foster interest in Science, Technology, Engineering, and Mathematics (STEM) topics. This model home, or Home Automated Networking System (HANS), is four feet wide, eight feet long, three feet high, and has a roof with a one foot peak. HANS is equipped with six different sensors in each room; these sensors are ambient light, ambient temperature, relative humidity, pressure, moisture level, and motion detection. All sensor data is processed through an intelligence board, the Texas Instruments CC3200, to a cloud platform, Cayenne, and is displayed for user interaction. HANS is also equipped with control modules. These control modules include servo motors for automatic window shades, a front door lock, zone control air vents, and motion flags. HANS is also equipped with five cameras located around the model home. One in each room that displays a live view of the control modules, and one outside that shows the heat lamp simulators and the exterior of the house.

The purpose of HANS is to be an educational manipulative for STEM outreach in K-12 education. Teachers from around Texas will come to Texas A&M to learn more about STEM topics, and HANS will help facilitate this learning. When these teachers return to their schools with this new knowledge, they will also be able to access HANS to run experiments remotely with students. This can be accomplished through Cayenne, a cloud based service , and the WyzeCam smartphone application which displays live and recorded video feeds from the house . Over the course of 10 months, LANA Advanced Systems has designed and built HANS. The design process included electrical design as well as mechanical, structural, and software design.
Theory of Mind development and narrative writing: A longitudinal study
Authors: Svensson Birgitta E.
Published: January 2019

The purpose of this paper is to study the development of Theory of Mind capacities in one individual's narrative writing from year 1 in elementary school through high school and onwards. To this end this longitudinal study focuses on evaluative expressions while drawing on the Appraisal theoretical frame work, developed by Martin (2000) and Martin and White (2005). Both quantitative and qualitative methods are applied. The findings illustrate clear developmental trends in the evaluative choices regarding Appraisal categories, as well as the amount and types of evaluations, and the linguistic realizations of the evaluations in the texts. The findings also display how the individual's Theory of Mind capacities are inextricably linked to the level of advancement in linguistic repertoire and an increased complexity and sophistication in the organization of narrative structure. The paper concludes with a discussion of some pedagogical implications of the study.
The Evolution of the Personal Property Registry: Centralization, Computerization, Privatization and Beyond
Authors: Wood Roderick J.
Published: January 2019

This article traces the evolution of the personal property registry in Alberta from the decentralized regime of the chattel security registry which was present prior to 1922, through the establishment of the centralized Corporate Mortgage Registry, Vehicle Registry and Central Registry, up to the present-day Personal Property Registry. Technological advances in computers and telecommunications, coupled with the prospective thinking of legislators, enabled the registry system to lead the way with innovative and efficient modes of registration and searching procedures. However, now that some registry services have been privatized, the author questions whether the impetus to continue providing improvements in the registry system have disappeared.
Eugenic Policies in Alberta: From the Systematic to the Systemic
Authors: Caulfield Timothy , Robertson Gerald
Published: January 2019

Eugenics
Flappers to Rappers: Criminal Law in 1921 and 1996
Authors: Renke Wayne N.
Published: January 2019

This article examines the changes that have occurred in the area of criminal law over a seventy five year period, namely 1921-1996. It focuses on three areas
The Common Law of Defamation Fails to Enter the Age of the Charter
Authors: Ross June
Published: January 2019

In this article the author criticizes the reluctance of the Courts to extend the influence of the Canadian Charter of Rights and Freedoms to the common law as it applies between private parties.
The author explores the courts' application of the Charter to the common law, tracing the development of the jurisprudence through several cases, and goes on to offer an analysis of the implications of this judicial stance for the protection of freedom of expression in the context of defamation law.
The author argues for a reassessment of the current law of defamation, and contends that the Charter's reach should extend to the common law of defamation.
More Promises to Keep: The Expansion of Contractual Liability Since 1921
Authors: O'Byrne Shannon K.
Published: January 2019

As part of the Alberta Law Review's Special Edition celebrating the seventy-fifth anniversary of the opening of the Law School in 1921, this article endeavours to trace aspects of the expansion of the enforceability of promises from 1921 to 1996. To provide a general context for subsequent analysis, the author begins by outlining the two main theories underlying contractual liability: consideration-based liability and reliance-based liability. The author goes on to discuss how the grounds for enforcing a promise have now expressly gone beyond the structures of a consideration-based liability to include, in addition, a more fact sensitive approach which looks to reasonable reliance by the promisee as a valid reason to enforce a promise. This contention is illustrated through a discussion of two relatively recent phenomena: the judicial reentrenchment of the doctrine of promissory estoppel and the extension of contractual protection to third party beneficiaries. The author concludes by offering some conclusions as to the extent to which the doctrine of consideration has been eroded.
From Formalism to Feminism - Seventy-Five Years of Theory in the Legal Academy
Authors: DeCoste F. C.
Published: January 2019

This article traces the origins of present legal theories and appraises their moral and ethical significance for legal education, scholarship and practice. The author begins by exploring how three related moments in law's intellectual past
Madam Justice Bertha Wilson: A Different Voice in the Supreme Court of Canada
Authors: Halka Elizabeth
Published: January 2019

This article discusses the impact of the appointment of Madam Justice Wilson, the first woman judge, to the Supreme Court of Canada. The author explores the thesis that Justice Wilson provided a "different voice" to the highest court of Canada with an analysis of two opposing forces underlying her work. On the one hand. Justice Wilson adhered to the restraints of judicial decision-making regarding principles of law and community morality. On the other hand, with the influence of psychologist Carol Gilligan, Justice Wilson aspired to infuse Canadian jurisprudence with a "feminine morality" comprised of a contextual humanist approach to justice. The author applies this analysis to the jurisprudence of Madam Justice Wilson. With a detailed examination of R. v. Morgentaler and R. v. Lavallee, the author demonstrates Justice Wilson's ability to look beyond traditional abstract principles of justice and its normative standard. Justice Wilson constructed a legal framework, based on a contextual justice, that took a subjective and holistic view of the issues of the court. This article concludes with an outlook of the manner in which Madam Justice Wilson's mode of analysis will impact Canadian jurisprudence.
Discovery Procedure and Practice: Recent Developments
Authors: Poelman Glen H.
Published: January 2019

The article reviews significant recent developments in civil procedure in Alberta. With respect to the examination of documents, the author looks at recent cases dealing with: "possession or power"; whether the cost of producing affects a party's obligation to produce; the consequences of failing to produce a document; the description of privileged documents; and what do and do not qualify as privileged documents.
In terms of the examination of witnesses, the author surveys recent cases which deal with: whom may be examined (including the cases of corporate solicitors, spouses, advisors and consultants); compelling examination of witnesses outside the province; the scope of questioning allowed in discovery; the duty to inform; and the use of discovery evidence at trial, especially for the case of employees.
The Art of Skilful Negotiating
Authors: Trace Karen
Published: January 2019

This article is a comprehensive outline of the rationale behind and the skills involved in alternative dispute resolution. A discussion on the nature of conflict leads to the submission that convergent negotiation is a more efficient means of settling disputes, as opposed to the divergent negotiations that are typified by conventional adversarial negotiation. This is followed by a discussion of the various theories on negotiations.
The processes and rationale involved in interest based negotiations are then reviewed. A condition precedent to the process is to get the parties to realize that they have a common problem that must be solved collectively, and not that one party must "win" at the expense of the other. The key skills and attributes of a successful interest-based negotiator are outlined: the negotiator must focus on the problem, use appropriate communication techniques, set the tone for mutual gain, prepare properly for negotiations and practice frequent self-evaluation. The article concludes with a complete framework designed to lead to successful negotiations.
The Complaint Resolution Project
Authors: MacLean Lois , McNiven John
Published: January 2019

The authors describe the new complaint resolution project at the Law Society of Alberta, which handles some of the client/lawyer and lawyer/lawyer complaints. Because the legal profession is self-governing, the Law Society must have a means of protecting the public and regulating the conduct of its members. Under the Legal Profession Act, a process is in place that deals with written complaints in a very formal manner. The shortfalls of this formal process are the high levels of stress for the participants, the time required and the expense involved. The authors recognize, however, that the less formal process discussed is only appropriate in some, and not all, cases.
This less formal process was tested during the Trial Project. The complaints officers offered complainants the less formal route when it was felt to be appropriate. The dispute resolution process that has emerged is neither traditional arbitration nor mediation, but rather a hybrid process, in which the complaints officer inserts himself or herself between the parties, and attempts to assist in reaching a settlement. The authors discuss common causes and types of complaints and then present the results of the Trial Project.
While it is perhaps too early for a definitive statistical assessment, it seems that the Trial Project has significantly reduced the number of formal complaints being dealt with by the Law Society. Additionally, the project seems to have been well received by the bar. At the same time, the authors want to remain open to criticism and discuss some concerns that have been voiced about the new process and the complaints officers.
The authors then canvass informal complaints procedures that have been instituted by other law societies, Canadian and otherwise, and compare the experiences and results of those projects. In conclusion, the authors recount the overall favourable comments they have received as part of the Trial Project, and discuss the challenge for the Law Society in the f
A New Bottle for Renewed Wine: The Arbitration Act, 1991
Authors: Hurlburt W. H.
Published: January 2019

This article provides a useful overview of the 1991 Arbitration Act in Alberta and its similar counterparts in Ontario and Saskatchewan including a history of legislation governing arbitrations. The author outlines the purpose and function of the Arbitration Act and discusses how the legislation has fared, so far, in the courts. The article then ends with a discussion concerning the significance of the Arbitration Act for drafters. The appendix contains a valuable sample of case law concerning the new legislation in Alberta, Ontario and Saskatchewan.
Rule 219: Stairway to Heaven
Authors: Pentelechuk Dawn
Published: January 2019

The author begins by outlining the history of rule 219 of the Alberta Rules of Court. Rule 219 deals with pre-trial conferences. She outlines some shortcomings of the old rule, and how the rule came under the scrutiny of the Civil Practice Steering Committee. She outlines the reform process which led to the current rule 219, and then goes on to assess whether the new rule has met its goals of settling actions and managing actions to the point of trial. Finding that the settlement of actions has not been much changed by the new rule, she offers ideas for improving the current scheme. In terms of case management, there is hope in the new rule for practitioners who make creative use of it. In conclusion, the author expresses a wish that the new Practice Note 7 will remedy the problems that still exist in regard to very long trials.
Lawyers' Obligation to Provide Legal Services
Authors: Major Justice J.C.
Published: January 2019

This article addresses ethical concerns in the legal profession and the challenge of not only providing legal services, but ensuring that the public has access to them. The author asserts that the whole profession is under an obligation to render legal services pro bono publico. Such has been the tradition since the beginning of the profession in thirteenth century Europe.
The article follows the history of pro bono work since medieval times, and compares the system in the United States with that in Canada. In the U.S. there is a greater commitment by firms to provide pro bono work, whereas in Canada, it tends to be on a more ad hoc basis. Canadian lawyers too often assume that government-funded legal aid systems adequately meet the public's needs. Legal aid, however, is facing increasing financial challenges. Moreover, a large number of Canadians who do not meet the eligibility requirements cannot afford to retain a lawyer. There is a need for a modified pro bono program that will assist not only the poor, but the working class as well.
The Valentine's Card in the Operating Room: Codes of Ethics and the Failing Ideals of the Legal Profession
Authors: MacKenzie Gavin
Published: January 2019

This article discusses the growing disillusionment with the legal profession shared by both lawyers and non-lawyers. This trend is coincident with an evolution of codes of conduct, from those reflecting ethical aspirations to those that spell out legally enforceable minimum standards. The author summarizes some of the contributing factors of this disillusionment. They are the increasing commercialism of practice, the fragmentation of the profession, rampant specialization and the excesses specialisations of the adversary system. The author attempts to answer the question, "Can modern codes of conduct effectively serve both ideological and regulatory functions?" by analyzing the reasons for disillusionment with the profession, the evolution of such codes and by making proposals for the future.
Caveat Emptor and the Sale of Land: The Erosion of a Doctrine
Authors: Manderscheid Don J.
Published: January 2019

The author examines the doctrine of caveat emptor and the exceptions to this doctrine that the courts have recognized In particular, the requirements for disclosure on behalf of the vendor are examined, especially in relation to latent defects in land. The author concludes that, with the increasing exceptions to caveat emptor, the doctrine may be headed toward a rather limited and distinct application.
When is a Stranger a Constructive Trustee - A Critique of Recent Decisions
Authors: Thomas Susan Barkehall
Published: January 2019

This article explores the conceptual development of third party liability for participation in a breach of fiduciary duty. The author provides a critical analysis of the foundations of third party liability in Canada and chronicles the evolution of context-specific liability tests. In particular, the tests for the liability of banks and directors are developed in their specific contexts. The author then provides a reasoned critique of the Supreme Court of Canada's recent trend towards context-independent tests. The author concludes by arguing that the current approach is inadequate and results in an incoherent framework for the law of third party liability in Canada.
Universal Jurisprudence and the Case for Legal Humanism
Authors: Ward Ian
Published: January 2019

This article was given by the author as the 2000 Bowker Lecture at the University of Alberta, Faculty of Law. The author explores an interdisciplinary approach to legal theory by incorporating elements of law, political philosophy, and literature in a globalized, post-modern setting. He begins by stating although there is presently a crisis in legal theory, such a crisis can be resolved through the creation of a distinct legal humanism which "can emerge from the dying embers of post-modernism." The author then examines the works of Wordsworth, Coleridge, Nietzsche, Lyotard, Derrida, Heidegger, Leibniz, Shelley, and Eliot, in order to reconceptualize the notions of humanity and human rights as understood in legal humanism. It is only through such a reconceptualization, he argues, that a universal jurisprudence faithful to the ideals of justice, charity, and sympathy can be finally brought to fruition.
The Commercial Lease: Property or Contract
Authors: Brock Jason , Phillips Jim
Published: January 2019

The commercial lease has historically been treated as a conveyance of an interest in land which creates a property-based relationship between the lessor and lessee, despite the fact that the relationship is created by contract and could be seen as a contract for the ongoing use of the land. Some Canadian cases, however, have applied "partial contractualization " — using both property and contract rules and concepts to interpret leases. The article examines the historical development of the lease and its treatment in Canadian courts, as well as in other common law courts. The authors argue that the property/contract hybrid should be eliminated in favour of "complete contractualization " — using pure contract principles to interpret the commercial lease. The article points out how contract principles would serve the parties to the lease just as well, or better, than property principles and offers solutions for the anticipated problem area of security of tenure for the tenant.
Political Corruption, Judicial Selection, and the Rule of Law
Authors: DeCoste F. C.
Published: January 2019

In this article, the author criticizes the current procedures used to appoint Canadian judges to provincial superior courts and to the federal court. The author begins with an examination of political corruption, which in his view depends upon the concept of the Rule of Law. The author proceeds with a detailed analysis of that concept, and concludes that current judicial selection procedures corrupt public authority and judicial office because they violate the institutional, moral, and ethical requirements of the Rule of Law. The author then reflects upon the wider social implications of such corruption.
Contemporary Approaches to Compensating Female Tort Victims for Incapacity to Work
Authors: Adjin-Tettey Elizabeth
Published: January 2019

This article explores the developing area of the compensation of female tort victims. This area has been marked by the under-compensation of female victims. The author examines some of the reasons for this under-compensation. The author also addresses recent attempts by the judiciary to eliminate any gender bias or stereotypical assumptions about women when assessing damages for incapacity to work.
Condominium Contributions: A Matter of Priority
Authors: Manderscheid Don J.
Published: January 2019

The author examines the inherent problems associated with the rights of condominium corporations to collect the contributions due to them under the Condominium Property Act. The Condominium Property Act allows such corporations to enforce their collection rights by an action for debt against the registered owner of the property and a legal charge against the unit title. This creates an unusual situation: the acquisition of real estate (a condo) is linked to the acquisition of personal liability for the debt of the previous title- holder. The author points out that this statutorily- created transfer of liability conflicts with and takes away from the rights of parties dealing with a unit. The special status and priority of condominium corporations with respect to collection rights creates a reluctance on the part of prospective purchasers, mortgagees, and lien holders to acquire, finance or provide supplies or services for a condominium unit. The author, having pointed out the salient flaws in the legislation, proposes various amendments to address or ameliorate the situation and to ensure that condominium-type land ownership is able to flourish in Alberta.
Nervous Shock, Nervous Courts: The ANNS/Kamloops Test to the Rescue
Authors: Belanger-Hardy Louise
Published: January 2019

This article examines the tests employed by the courts in determining liability in tort in cases of psychiatric damage or nervous shock. The author explores the current controversy surrounding what criteria should be used in determining if and when a duty of care should be established. The article focuses on the development of an analytical framework to be used in establishing a duty of care in cases of psychiatric damage. The author begins with an examination of the development of the law in this area and how the courts in Canada are addressing the issue today. Here the author explains that Canadian courts have not adopted a uniform approach in determining issues of establishing a duty of care. The author then moves on to a discussion of the new primary/secondary victim paradigm recently developed in the United Kingdom, but argues against its incorporation as a model for Canada. Instead the author argues that the Anns/Kamloops test should be adopted as the standard test to determine issues of duty of care intort cases of psychiatric damage. In reaching this conclusion the author is supported by the approachof the courts in duty of care issues on pure economic loss cases.
Reputation, Freedom of Expression and the Tort of Defamation in the United States and Canada: A Deceptive Polarity
Authors: Tingley Charles
Published: January 2019

This article explores the common law of defamation in Canada and whether it should be "constitutionalized" to comply with freedom of expression imperatives. Using a comparative law approach, the issue's development in Canada and the United States is explored. The author asserts that the short Canadian history of Charter challenges to the tort of defamation shows a misunderstanding of the considerable American experience in this area. By going beyond the limited sphere of jurisprudence to touch upon issues of political culture, constitutional interpretation and social history, the article deciphers the underlying reasons for the differences of judicial opinion in the U.S. and Canada. In so doing, the author dissolves the neat stereotypes derived from a superficial reliance on leading cases in each jurisdiction. The result has been the creation of a false polarity between the countries on the subject of free speech and defamation which eclipses viable compromise approaches to resolving the debate.
The Canadian Principle of Unjust Enrichment: Comparative Insights into the Law of Restitution
Authors: McInnes Mitchell
Published: January 2019

In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects, the Canadian principle of unjust enrichment often is characterized by a relative lack of analytical rigour. He concludes by suggesting that Canadian courts might profitably consider the approaches adopted in other jurisdictions.
Contracts Discharged through Breach: Restitution for Services Rendered by the Innocent Party
Authors: Rafferty Nicholas
Published: January 2019

The author examines the autonomous claim in unjust enrichment available to a party who has elected to treat a contract as discharged because of the defendant's fundamental breach. In this context, he concentrates upon the claim in respect of services rendered and addresses the primary questions that arise in the law of restitution: What factor renders the defendant's enrichment unjust? Has the defendant in fact been enriched? How should the defendant's enrichment be valued? The author suggests answers to these basic questions, but he also tries to show that there is little need to give a plaintiff, faced with a repudiatory breach, an alternative claim in restitution. The plaintiff should be restricted to a claim for damages for breach of contract. The plaintiff has chosen to make the contract on the terms agreed and there is nothing unfair in limiting the remedies to that bargain.
The Receipt-Based Constructive Trust: A Case Study of Personal and Proprietary Restitution in the Supreme Court
Authors: Bryan Michael
Published: January 2019

This article analyzes the Supreme Court of Canada’s treatment of the receipt-based constructive trust in the companion cases of Gold v. Rosenberg and Citadel General Assurance Co. v. Lloyds Bank Canada. The author discusses the liability of those who participate in a breach of fiduciary duty to be held accountable as constructive trustees. He criticizes the Supreme Court’s decisions for being too equitable and, while correctly characterizing equitable recipient liability as restitutionary, for failing to adhere sufficiently to restitutionary principles in their reasoning. In addition, the author discusses different approaches used by the courts in determining the degree of knowledge necessary to hold a recipient of property liable as a constructive trustee. Ultimately, this article determines the Supreme Court’s failure to understand the juristic nature of the receipt-based constructive trust results in continued confusion in the treatment of the constructive trust.
Canadian Constitutional Law in a Nutshell
Authors: Beatty David
Published: January 2019

This article examines two recent Supreme Court of Canada decisions and provides an analysis of the reasons employed by the court. The author argues that the two cases illustrate the inadequate and subjective reasoning employed by the court to reach what they consider to be a just decision. This "results oriented" approach is criticized by the author and used to examine how cases with similar legal principles can be decided in diametrically opposed ways so as to reach the desired result. While the author does not disagree with the results reached in the two cases, he does take exception to the reasoning used. Using the Hydro-Quebec case the author argues the correct legal decision could have been reached without invoking new subjective tests of constitutionality. Specifically, he argues that the use of the provincial inability test could have led to the same result. Further, he asserts that the reasoning invoked in the decisions reinstates the old rigid categories that have long been discarded. These categories, he feels, can be used to allow judges to make purely subjective decisions more easily. He argues, jurisprudentially, that Hydro- Quebec establishes a dangerous precedent, one that could threaten the rule of law and our federal structure. The Eldridge case, according to the author, also makes false distinctions and categorizations in order to reach the results desired by the court. The author criticizes this as leading to legal decisions based on the personal and political views of the individual judges. Further, he argues that the judges ignored their own pronouncements and precedent in reaching their decision. The author asserts that new categorical distinctions were used merely as a means to an end. He concludes that although the reasoning employed in the cases is flawed, they still prove that the law and justice can coincide. Finally, the author asserts that just and equitable decisions can be reached by an impartial judiciary using sound legal principles
Business Applications of the Express Trust
Authors: Flannigan Robert
Published: January 2019

The trust is an important, often unappreciated. business instrument. Several of the various commercial applications of the trust are reviewed in the first part of this article. The author then focuses on some of the considerations involved in employing the trust as an alternative form of business organization. Special attention is given to requirement of trustee autonomy and the office of "protector."
Power and Justice: An Hypothesis in the Anthropology of Law
Authors: Gadacz Rene R.
Published: January 2019

What characteristics of an interpersonal dispute determine the type of forum that is best suited for processing that dispute? When is a less formal approach such as mediation preferable to court action and vice-versa? Attention will be given to the disputant's justice goals. Third-party dispute forums are analyzed in terms of where power is located during all stages of the dispute resolution procedure. An hypothesis is offered which predicts that the most appropriate locus of power, be it with the disputants themselves, with a third-party such as a mediator, or with "rules" of procedure is a function of the disputant's justice goals, the relationship between the disputants, and the costs of the dispute. The hypothesis is related to three types of third-party forums — mediation, arbitration, and adjudication.
The Alberta Proxy Legislation: Borrowed Variations on an Eighteenth Century Theme
Authors: Getz L.
Published: January 2019

The author deals with the history of modern law as it relates to proxies. He deals with the form that they can take and the avenues of approach which are open to the various participants in a company. The present statutory requirements both in Alberta and elsewhere are reviewed and the author finally deals with the modern philosophy of investors and criticizes the piecemeal approach to reform which has not adequately achieved some of the purposes which should be served by ideal proxy legislation.
PENGARUH GAYA KEPEMIMPINAN, KEBIJAKAN DESENTRALISASI, DAN DISIPLIN KERJA, TERHADAP KINERJA MANAJERIAL PADA SKPD DI KABUPATEN LOMBOK TIMUR TAHUN 2018
Authors: Mudhani H. L. Ahmad
Published: January 2019

In this study aims to determine whether there is an influence between leadership style, work discipline and decentralization policy on managerial performance in regional work units (SKPD) in East Lombok. Using the Saturated Sample method, 30 SKPD were taken. The analysis technique used is multiple linear regression, performs the classic assumption test (prerequisite) which includes normality test, autocorrelation test, heteroscedasticity test and multicollinearity test. After that also hypothesis testing using t-statistics to test the partial regression coefficient, and F-statistics to test the effect together with the level of 5% (0.05).Based on normality test, autocorrelation test, multicollinearity test and heteroscedasticity test, all independent variables are free from disturbances and no variables deviate from the classical assumptions (Prerequisites). This shows that the available data fulfills the requirements to use multiple linear regression equation models. From the results of the analysis show that leadership style has a positive effect on managerial performance, decentralization policy has no effect on managerial performance, and work discipline has a positive effect on managerial performance.Keywords : leadership style, work discipline, decentralization policy and managerial performance
Mengenal Fitoplankton untuk Penguatan Materi Kompetensi Dasar Protista Pada Siswa Jurusan IPA (Biologi) MA Hidayatul Muhsinin Desa Labulia Lombok Tengah
Authors: Japa Lalu , Bahri Syamsul , Sedijani Prapti
Published: January 2019

Abstrak: Berdasarkan kajian nilai ujian nasional Sekolah Mengengah Atas (SMA) dan Madrasah Aliyah (MA) tiga tahun berturut-turut (2008-2010) untuk kompetensi dasar (KD) yang nilainya selalu rendah adalah KD Protista. Dari hasil penelitian tahun 2010, terungkap bahwa kegiatan parktikum (termasuk pengamatan Protista) tidak bisa dlaksanakan secara maksimal karena berbagai kendala seperti mulai dari tidak cukup tersedia sarana pendukung, tidak cukup waktu, dan tidak tahu bagaimana melakukan kegiatan tersebut. Karena itu diperlukan kegiatan khusus pengenalan fitoplankton sebagai salah satu upaya penguatan materi Protista yang menyangkut: pengenalan spesies yang umum dijumpai, sumber sampel, dan teknik pengamatan dengan mikroskop. Kegiatan pengabdian ini ditujukan untuk penguatan atau pengayaan pengetahuan dan keterampilan siswa MA Hidayatul Muhsinin Desa Labulia Lombok Tengah tentang fitoplankton sebagai komponen utama materi KD Protista. Kegiatan pengabdian ini akan dilakukan dalam bentuk penyampaian teori dan praktek pengamatan secara langsung menggunakan mikroskop. Siswa kelas III jurusan IPA (Biologi) MA Hidayatul Muhsinin, peserta kegiatan ini sangat bersemangat melakukan pengamatan di bawah mikroskop yang sebelumnya belum pernah mereka lakukan. Mereka baru sadar bahwa dalam satu tetes air terdapat banyak sekali individu sel berbagai spesies fitoplankton yang bisa disaksikan. Pembelajaran teoritis di kelas diperkuat dengan fakta yang diamati dengan mikroskop. Kata kunci: IPA(Biologi), Fitoplankton, Madrasah Aliyah, Penguatan, Protista, Siswa
The Palestine Policy of the US before the Israel Lobby
Authors: Bölme Selin M.
Published: January 2019

In their well-known book, The Israel Lobby, John J. Mearsheimer and Stephen M. Walt argue that the Israel lobby has a significant influence on American policy towards the Middle East. As a consequence of Israeli lobbying, US-Israeli relations warmed by late 1950s and the United States became more committed to protecting Israel’s interests. In my article, I analyse the policy of the US towards the Palestinian question before the Israel lobby gained that influence on US foreign policy, and I try to understand the making of American policy during the establishment of Israel. I also examine the factors that shaped the American policy and focus on Zionist lobbying in this period and question its influence. The period that I examine starts just before World War II under the presidency of Franklin D. Roosevelt (1933-1945) and I end the period with the recognition of Israel by the US under the presidency of Harry S. Truman (1945-1953). Many different domestic and foreign factors shaped the Palestine policy of the US in that period. However, I argue that even before the Israel Lobby was consolidated in the country, the Zionists had already gained a significant influence on American policy towards the Middle East region.
Evidence for Hope? Assessing the Role of the UN Human Rights Council Special Rapporteurs on the Course of the Palestinian Question
Authors: Oğuz Gök Gonca
Published: January 2019

The Palestinian Question has been at the heart of the United Nations (UN) since its establishment. Yet, the “intergovernmental” mechanisms of the world organization have proven to be largely ineffective in finding a just and sustainable solution to one of the most important and intractable issues of the UN-era. In between political and diplomatic struggles, the UN Human Rights Council Special Rapporteurs on Palestine are increasingly regarded as the only truly independent and expert voices as well as valuable sources of information regarding the issue. However, the special rapporteurs are one of the least studied aspects of the UN regarding the Palestinian question. Drawing highly on the social constructivist premise on the role of ideas and norms in constructing/deconstructing the legitimacy discourse in international politics, this study attempts to theoretically question and empirically analyse how the “actorness” of the special rapporteurs have the potential to affect the course of the Palestinian question. The article concludes that the mobilization of normative arguments on the Palestinian Question at the transnational level and framing the issue for collective debate supported by technical and knowledge-based legal expertise of UN Special Rapporteurs may confer a renewed legitimizing role for the United Nations.
Inducement of experimental Abdominal Adhesions (literature review)
Authors: Ayushinova N. I. , Shurygina I. A. , Grigoriev E. G. , Shurygin M. G.
Published: January 2019

Adhesive disease of the abdominal cavity is a common medical problem that impairs the patients’ life quality. Adhesive intestinal obstruction ranks first in the structure of acute bowel obstruction. The levels of complications and postoperative mortality are not likely to decrease. Consequently, the studies on preventing adhesive disease are still in progress, which requires an animal model to induce abdominal adhesive process. Numerous factors of peritoneum injury result in adhesion formation. Experimental surgery offers various techniques of inducing the adhesive process in the abdominal cavity based on mechanical, chemical, biological, implantation injury factors. Recent trends in intra-abdominal adhesion stimulation are designed to approximate at maximum an animal model and present surgical and gynecologic procedures. In the review article, we survey and systematize different ways of inducing intra-abdominal adhesive process with various injury factors. The choice of study animal, the ways of peritoneum injury, followed by septic or aseptic inflammation are analyzed. The rating scales for the severity of adhesive process are also organized and compared. The number of existing models is large which is evident of the outstanding problem and promising outlook of scientific research.
Sociological Research of the Adherence of Medical Students to Employment by Specialty Received at a University
Authors: Gaidarov G. M. , Alekseeva N. Yu. , Makarov S. V. , Maevskaya I. V.
Published: January 2019

Background. A significant number of medical students refuse to work on a specialty obtained in medical universities after its completion or during the first years of professional activity.

Purpose of the study: to conduct a sociological study of the adherence of students of a medical university to employment in a specialty received at a university, as well as factors of its motivation.

Methods. A sociological survey of graduate students of ISMU was conducted using specially designed questionnaires.

Results. It was revealed that more than 5 % of students do not plan to work on the received specialty after graduating from a medical university. Only every fourth respondent after graduation is going to return to his place of permanent residence, one of four intends not to return, and half have not yet decided on the choice of a further place of work and residence. Work with undergraduates about bringing them to the territory of the initial residence is organized by the administration of municipal entities and medical organizations poorly. Meanwhile, the requirements of graduates presented to a potential employer in terms of the level of wages and the creation of conditions for residence and professional activity are not overstated.

Conclusion. Working with graduates and taking specific steps to implement their requirements is the most logical option for joint activities of medical universities, health authorities, administrations of medical organizations and local self-government bodies to create favorable conditions for securing young professionals in their chosen field of activity.