bluuebunny/crossref_metadata_2025 huggingface dataset:
A ação narrativa de focalizar: o uso de adjetivos avaliadores e o narrador da Ilíada
Authors: Canazart Gabriela , Werner Christian
Published: December 2018

Esse artigo tem como principal objetivo investigar, por meio da narratologia aplicada à poesia grega épica oral, momentos em que o narrador primário, na execução de sua atividade de focalização, torna evidente sua presença na Ilíada. Para isso, selecionamos trechos do poema nos quais o narrador vale-se de adjetivos avaliadores ou, devido ao filtro que o narrador impõe, estabelece uma divergência entre sua narração e as secundárias. Discute-se nessa seleção os adjetivos avaliadores que qualificam o mundo dos deuses e dos humanos, tornando evidente um narrador parcial e que, portanto, faz juízos morais acerca dos deuses, seus objetos e ações e dos humanos. Um segundo objetivo, interligado, é discutir a instância responsável por essa narrativa, se divina, em vista da invocação à Musa no início do poema e em outros momentos, ou humana, em vista da atribuição tradicional do canto ao poeta Homero.
LÓPEZ FÉREZ, Juan Antonio. Galeno: “Preparación y constitución de textos críticos, entrega y publicación de obras propias o ajenas”. Ediciones Clásicas: Madrid, 2018, 230 p., ISBN 978-84-7882-823-4.
Authors: Rachid Rodolfo
Published: December 2018

Resenha de LÓPEZ FÉREZ, Juan Antonio. Galeno: “Preparación y constitución de textos críticos, entrega y publicación de obras propias o ajenas”. Ediciones Clásicas: Madrid, 2018, 230 p., ISBN 978-84-7882-823-4.
ESTUDO DA RIGIDEZ DOS SUPORTES DA BANCADA DE ANALISE DE VIBRAÇÕES
Authors: Carvalho João Marcelo Cardoso , Albernaz Cláudia Márcia R. Machado , Azevedo Diego Soares
Published: December 2018

Com base na necessidade de verificar a rigidez de um conjunto de suportes, confeccionados com o propósito de sustentar os mancais e rolamentos de uma bancada didática de análise de vibrações, esse artigo propõe uma abordagem teórica do problema. No primeiro momento foram apresentadas as equações que regem o movimento vibratório de uma estrutura sob a ação de uma força desbalanceadora, a maneira como essas equações seriam usadas para solucionar o problema e os softwares de análise utilizados na análise. Em seguida foram realizados os cálculos conforme as equações de movimento e os resultados obtidos durante a análise computacional no software Ansys. Então os resultados encontrados foram discutidos e a real necessidade de serem feitas modificações ou não na estrutura dos suportes. Foi observado que a adição das mãos-francesas, sob uma primeira perspectiva teórica, foi desnecessária. Contudo, dentro de um escopo realista fica em aberto a necessidade dessas estruturas para a bancada.  Palavras-chave: Vibrações Mecânicas; Desbalanceamento Rotativo; Simulação Estrutural.
Una nueva obra de Johannes de Lairesse: La Alegoría del Dibujo.
Authors: Díaz Padrón Matías
Published: December 2018

En este artículo se identifica a Johannes de Lairesse como autor de la Alegoría del Dibujo anteriormente catalogada a nombre de su padre, Gérard de Lairesse. Se estudia igualmente la compleja iconografía de la obra, confundida con Aquiles descubierto entre las hijas de Licómedes.
N-heterocyclic carbene-stabilized Au13 superatom clusters
Authors: Narouz Mina R. , Takano Shinjiro , Lummis Paul A. , Levchenko Tetyana I. , nazemi Ali , Kaappa Sami , Malola Sami , Yousefalizadeh Seyedehgoonay , Stamplecoskie Kevin G. , Häkkinen Hannu , Tsukuda Tatsuya , Crudden Cathleen
Published: December 2018

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; line-height: 20.0px; font: 17.4px Helvetica; color: #000000; -webkit-text-stroke: #000000; background-color: #ffffff} span.s1 {font-kerning: none} span.s2 {font: 11.2px Helvetica; font-kerning: none} span.s3 {font-kerning: none; color: #000000} Magic number Au13 nanoclusters stabilized entirely by N-heterocyclic carbenes (NHCs) have been prepared by the bottom-up reduction of well-defined molecular NHC–Au–Cl complexes with sodium borohydride. The nature of the wingtip groups was shown to be critical in the preparation of stable clusters. The all NHC-clusters are prepared in high yield by this straight-forward method, display higher stability than related all phosphine clusters, and possess extremely high emission quantum yield. DFT analysis of these clusters based on the resolved crystal structure reveals their electronic structure as 8-electron superatoms.
O USO DO SMARTPHONE E A CONSTRUÇÃO DE SENTIDO
Authors: Kastein Barcellos Ana Carolina
Published: December 2018

O objetivo da pesquisa é apresentar embates e discutir perspectivas sobre a atualidade do conceito de indústria cultural para analisar o uso do smartphone e seus derivados e sua relação com a compreensão leitora e a construção de sentido. A questão que norteia a pesquisa é: Após o término da educação básica e diante do uso constante da linguagem imagética presente nos conteúdos acessados pelos smartphones e seus derivados, é possível o sujeito fazer uma leitura, de forma crítica e dialética de, por exemplo, uma charge? Em que medida, isso poderia ocorrer? A hipótese da pesquisa é que, ao realizar a leitura no aparato, a palavra perde relevância comparada à imagem que é percebida, visualizada, mais do que pensada/entendida e o seu conceito se reduz a uma função icônica. Por isso, o campo semântico se limita a associações automáticas e, dessa forma, operacionalizam-se as leituras. A pesquisa empírica realizada foi desenvolvida com a participação de estudantes com idades entre 17 e 19 anos, ou seja, que já concluíram a educação básica e ingressaram em uma universidade. O instrumento de pesquisa aplicado foi uma questão escrita a partir de uma charge com um assunto vinculado ao dia a dia dos participantes e, uma entrevista previamente formulada.
TEORIA CRÍTICA E A GESTÃO SOCIAL DA EDUCAÇÃO: REFLEXÕES A PARTIR DA TEORIA DO AGIR COMUNICATIVO DE HABERMAS
Authors: Marcelo Delgado Darlan , Roberto Gomes Luiz
Published: December 2018

O objetivo do artigo é apresentar o conceito de gestão social, fundado na Teoria do Agir Comunicativo de Habermas, como forma de reflexão crítica sobre a Administração Educacional Tradicional. Vislumbram-se possibilidades em se pensar uma concepção de administração educacional voltada à formação plena, de sujeitos autônomos e emancipados, preparados para o trabalho, para a vida e para a ação política esclarecida.
A TEORIA CRÍTICA DA SOCIEDADE E A EDUCAÇÃO PARA A FORMAÇÃO HUMANA: PONTUAÇÕES PARA SE REPENSAR OS PROCESSOS FORMATIVOS NA PERSPECTIVA EMANCIPATÓRIA
Authors: Brant Scarel Estelamaris
Published: December 2018

As análises elaboradas pelos pensadores frankfurtianos Adorno e Horkheimer, a partir da obra “Dialética do Esclarecimento” (1985), com referência à promessa de iluminação da razão, que, contraditoriamente, transformou-se em um malogro, em virtude de as relações entre os homens em sociedade pautarem-se pelo viés da racionalidade científico-instrumental, levaram o presente texto a deter-se em três objetivos específicos. Primeiramente, ele procura trazer à tona alguns elementos fundamentais contidos na obra acima aludida, os quais possibilitam o entendimento de que a limitação da filosofia pela sua rendição à ciência se deve, principalmente, à fragilização da capacidade reflexiva. Em segundo lugar, busca fazer uma aproximação aos conceitos de educação, formação e experiência formativa, tentando, simultaneamente, apreender os nexos que conduziram à ruptura, na modernidade, entre sujeito e objeto, universal e particular, teoria e práxis. Em terceiro e último lugar, põe em relevo os desafios postos à educação contemporânea no que concerne à premência de ela recuperar o processo formativo, mediante o desenvolvimento de uma educação para a experiência, por conseguinte, para a emancipação.
EDITORIAL
Authors: Soto Silva Julio
Published: December 2018

En este último número del año en curso se ha tratado de reflejar el incierto panorama que, a nivel mundial, afecta de uno u otro modo a los aspectos relacionados con la Seguridad y la Defensa, tanto a nivel internacional, como en el ambiente nacional.Las relaciones de tensión entre las grandes potencias disputándose las supremacías ya no solo en el ambiente estratégico, sino que también en el ámbito comercial, han marcado una línea de acontecimientos que afectan a la economía global y, por ende, a las de los países que tienen una dependencia directa o indirecta de los grandes colosos de la economía mundial. En esa misma línea, otros aspectos relacionados con la seguridad internacional han tomado un nuevo impulso, las expectativas de un mejoramiento sustancial de las relaciones entre las Coreas que nos brinda una ventana de optimismo para esa parte del Asia, en conjunto con el desarrollo de Colombia post acuerdo con las FARC, la trata de personas, una de las aristas de la seguridad multidimensional junto al terrorismo yihadista y, en ese mismo ámbito, los nuevos roles que pueden adoptar las fuerzas armadas, más allá de su tarea fundamental, han mantenido ocupada la agenda internacional de seguridad, durante el presente año, temas que invitamos acompartir con ustedes a lo largo de las páginas de este número.
Determination of non-metallic inclusions in metal alloys by spark atomic emission spectrometry (review)
Authors: Bock D. N. , Labusov V. A.
Published: December 2018

A review of publications regarding detection of non-metallic inclusions in metal alloys using optical emission spectrometry with single-spark spectrum registration is presented. The main advantage of the method - an extremely short time of measurement (~1 min) – makes it useful for the purposes of direct production control. A spark-induced impact on a non-metallic inclusion results in a sharp increase (flashes) in the intensities of spectral lines of the elements that comprise the inclusion because their content in the metal matrix is usually rather small. The intensity distribution of the spectral line of the element obtained from several thousand of single-spark spectra consists of two parts: i) the Gaussian function corresponding to the content of the element in a dissolved form, and ii) an asymmetric additive in the region of high intensity values ??attributed to inclusions. Their quantitative determination is based on the assumption that the intensity of the spectral line in the single-spark spectrum is proportional to the content of the element in the matter ablated by the spark. Thus, according to the calibration dependence constructed using samples with a certified total element content, it is possible not only to determine the proportions of the dissolved and undissolved element, but also the dimensions of the individual inclusions. However, determination of the sizes is limited to a range of 1 – 20 µm. Moreover, only Al-containing inclusions can be determined quantitatively nowadays. Difficulties occur both with elements hardly dissolved in steels (O, Ca, Mg, S), and with the elements which exhibit rather high content in the dissolved form (Si, Mn). It is also still impossible to determine carbides and nitrides in steels using C and N lines. The use of time-resolved spectrometry can reduce the detection limits for inclusions containing Si and, possibly, Mn. The use of the internal standard in determination of the inclusions can also lower the detection limits, but may distort the results. Substitution of photomultipliers by solid-state linear radiation detectors provided development of more reliable internal standard, based on the background value in the vicinity of the spectral line. Verification of the results is difficult in the lack of standard samples of composition of the inclusions. Future studies can expand the range of inclusions to be determined by this method.
Data analysis and tools applied to modeling and simulation of a PV system in Ecuador
Authors: Benavides Padilla Darío Javier , Jurado F , González Luis G
Published: December 2018

This paper presents a research was carried out for the management of a photovoltaic system in a Microgrid, with applications and the use of tools applied to modeling and computational simulation in the Microgrid laboratory implanted in the facilities of the University of Cuenca (Ecuador). Additionally, through the use of automatic learning techniques, the behavior of the photovoltaic system has been modeled in the study area based on radiation and temperature with very good results. In addition, several applications can be made in real engineering studies such as feasibility, performance analysis, energy estimation, educational models, etc.
Concurrent design of a lower limb rehabilitation mechanism
Authors: Muñoz Reina José Saúl , Villarreal Cervantes Miguel Gabriel , Corona Ramirez Leonel German , Castro Medina Robero
Published: December 2018

The rehabilitation given by robotic systems is a choice for minimizing the recovery time of a patient and boost their muscular and skeletal capacity on a limb damaged. However, the high cost of these systems limits patients to receive these kind of treatments. The systems of one degree of freedom are a low cost alternative to health care and rehab at home.

In this paper, the structural design of an 8-link mechanism for the rehabilitation of lower limbs is performed, based on the approach and solution of an optimization problem in which certain objectives are met, such as dimensional synthesis, and the minimizing of torque to make control easier.
A Fuzzy Sliding Mode Controller for Planar 4-Cable Direct Driven Robot
Authors: Aguas Xavier Iván , Cuaycal Andrés , Paredes Israel , Herrera Marco
Published: December 2018

Cable Direct Driven Robots (CDDRs) are a special class of parallel robots but they are formed by replacing all the supporting rigid links with cables. Compare with traditional robots, these robots are good candidates for performing a wide range of potential applications. A Planar CDDR model is considered in this paper since no rotational move and no moment resistance are required on the end-effector, all 4 cables convene in a single point and the end-effector is modeled as a point mass. The main goal of this paper is to present a new approach in control by developing a Sliding Mode Controller (SMC) with a Fuzzy-PI as sliding surface using Fuzzy logic toolbox in Matlab/Simulink. The tests performed were Step change reference test and Tracking trajectory test to observe the behavior of the cables during the trajectory and the end-effector movement. Simulation was carried out on Planar 4-Cable CDDR to prove the effectiveness of the proposed control law and the results were compared with a PI Controller and a conventional SMC in terms of integral square error (ISE) index. Only the kinematic model of Planar 4-Cable CDDR is considered in this paper.
Discovering behavioral patterns among air pollutants: A data mining approach
Authors: Arce Diana , Lima Fernando , Orellana Cordero Marcos Patricio , Ortega John , Sellers Chester , Ortega Patricia
Published: December 2018

Air pollutants affect both human health and the environment. For this reason, environmental managers and urban planners focus their efforts in monitoring air pollution. In this context, complete information is required to support the decision-making process to improve the quality of life in urban zones. Hence, it is important to extract knowledge not only on concentration levels but associations between air pollutants. Based on the Cross-industry standard process for data mining, this paper presents an approach which leads to identify correlations and incidence between the most harmful pollutants in the Andean Region: Ozone, Carbon monoxide, Sulfur dioxide, Nitrogen dioxide and, Particulate material. This paper describes an experiment using a real dataset from a monitoring station in Cuenca, Ecuador located in the Andean region.  The results show that the proposed approach is effective to extract knowledge useful to support the evaluation of air quality in urban zones. In addition, this approach provides a starting point for future data mining applications for the analysis of air pollution in the context of the Andean region.
Application of 3D scanning in the initial stages of the design of academic symbols, with the objective of optimizing the design process using predetermined specific art details.
Authors: Tacheva Hristina Vasileva , Murzova Tsena Radkova
Published: December 2018

Abstract. The digital image is an integral part of the contemporary design process. Regardless of the method used to create the image of a conceptual idea /sketch, esquisse/. The result is a digital image, which permits manufacturing, modification and printing. In the design for academic purposes such cases are the majority. This research examines the possibilities for the specific application of 3D scanning in the design of specific complex forms with volume with an artistic character in the field of the award and memorabilia academic system. The application of these technologies noticeably decreases the time needed for design, which is key in such tasks. There is an increase in the precision of the manufacturing of the specific form, as well as a possibility for its printing and modification should the need of other projects, demanding the presence of the same object arise.
APPLICATION OF GPS NAVIGATION IN AGRICULTURAL AGGREGATES
Authors: Mihajlow Radko Petrov , Demirev Vladimir Georgiev
Published: December 2018

A brief analysis has been made about the emergence of the concept of "navigation". The benefits of optimal guidance of agricultural aggregates through GPS navigation are outlined. Some of the positioning accuracy methods that are practiced in agricultural aggregates are analyzed. A poll has been conducted among users of agricultural equipment using GPS navigation. Issue and conclusions are drawn on the benefits and problems for more efficient use of GPS navigation in agriculture.
Ege Bölgesi’nde Yer Alan Deniz Balıkları Yetiştiriciliği Sektöründe Aşı Kullanımı ve Etkinliği
Authors: Demirdelen Didem , Cengizler İbrahim , Aldık Ruhay
Published: December 2018

Günümüzde, su ürünleri sektörü her geçen
gün büyümekte olup, su ürünleri yetiştiriciliğinde kullanılan canlı ve cansız
materyal ithalatı ve ihracatı da buna bağlı olarak yükseliş göstermektedir. İthal
kalemlerinden birisi de sektörde kullanılan aşılardır. Ekonomik kayıplara neden
olan hastalıklara karşı kullanılan etkin yöntemler arasında aşı uygulamaları
önemli yer tutmaktadır. Bu bağlamda, Ege Bölgesi’ndeki gerek büyük gerekse
küçük işletmelerde aşı kullanımı genel olarak yaygınlaşmıştır. Ancak, aşı
uygulaması ile uğraşan firma sayısının sınırlı olması ve işletmelerdeki genel
düşüncenin aşı fiyatlarının pahalı, uygulamasının zor olması gibi nedenlerle
bazı küçük işletmelerinin aşı uygulamasını yaptıramadığı görülmektedir. Survey (alanda
anket çalışması) araştırması olarak gerçekleştirilen bu çalışma 2011-2014
yılları arasında yapılmıştır. Toplam 60 üretim tesisinden elde edilen tesis ve
aşı bilgileri temin edilerek Ege Bölgesi’ndeki aşı kullanımının yaygınlığı ve
aşı uygulamasının balıklar üzerindeki etkisine değinilmiş ve Türkiye’de ki aşı
sektörünün sorunları ile aşı uygulamalarının su ürünleri yetiştiriciliği için gerekliliğinin
ortaya konulması amaçlanmıştır.
Interpreting Sui Generis Treaties
Authors: Henderson James (Sakej) Youngblood
Published: December 2018

This article explores the interpretive principle of sui generis treaties introduced by the Supreme Court of Canada since the repatriation of the Constitution in 1982. The article proceeds through an analysis of treaty rights as constitutional rights, contextual analysis of Indian Treaties, the intent of the treaty parties and the principles which govern the interpretation of treaty text. The author concludes that the principles articulated by the Supreme Court of Canada are an attempt to affirm and enhance Aboriginal worldviews and cognitive diversity within the Constitution of Canada.
Compulsory Pooling under the Oil and Gas Conservation Act of Alberta
Authors: Bankes Nigel
Published: December 2018

This article provides a comprehensive analysis of compulsory pooling orders issued by the Energy and Utilities Board and its predecessors under the Alberta Oil and Gas Conservation Act The author describes the history and purpose of compulsory pooling provisions, outlines the statutory framework, and analyzes the procedures, jurisdiction and powers of the EUB. The article then describes the salient features of compulsory pooling orders, focusing on contentious issues such as cost equalization, and looks at the effects of such orders. The author argues that EUB decisions are largely consistent, although occasionally provide inadequate reasons. The author submits that the Lieutenant Governor in Council should no longer be involved in EUB pooling orders, rather, the best protection for the industry is to require the EUB to provide clear written decisions which are consistent with its own precedents and subject to judicial review or appeal. Finally, the author points out that in some situations compulsory pooling orders may be more generous to working interest owners than voluntary pooling agreements.
Interpreting the Income Tax Act: Purpose v. Plain Meaning and the Effect of Uncertainty in the Tax Law
Authors: Harnish Kerry
Published: December 2018

This article analyzes a pivotal current debate within the tax community
A History of the Law Faculty
Authors: Law John M. , Wood Roderick J.
Published: December 2018

The authors examine the history of the Faculty of Law at the University of Alberta. Beginning with a look at the early requirements to practice law in Alberta, the authors discuss the events leading to the establishment of the first permanent law school in the province. An analysis of the evolution of the Faculty is conducted. Along the way, the important contributions of many individuals, from John A. Weir to Wilbur Bowker, are acknowledged.
The Last Case [Reprint — (1978) 16:1 Alta. L. Rev. 1]
Authors: Morrow W.G.
Published: December 2018

This is an exact reprint of an article published in 1978 in Volume 16 of the Alberta Law Review. It is the story of the last appeal to go from Canada to the Judicial Committee of the Privy Council, as told by the late Justice Morrow of the Supreme Court of Alberta Appellate Division. This article not only describes the background to a historically significant case that went through the Appellate Division, but also provides the unique perspective of one of its former members. As noted in the original abstract, “[t]he material contained in the reported decisions is interesting but it is hoped the reader will find that the story back of the reports is even more interesting.”
Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law
Authors: Judge Elizabeth F. , Al-Sharieh Saleh
Published: December 2018

The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.
Regulation of Institutional Investment in Alberta
Authors: Crotty Bernard W.
Published: December 2018

This article is an analysis of how various types of institutions in Alberta are currently regulated in respect of their investment activities both at common law and pursuant to specific statutory measures. It is suggested that the current largely legal list approach to regulation is not effective and does not allow for the application of modern financial techniques, such as portfolio theory. Crotty concludes by discussing how other jurisdictions have approached this issue and advocates the general adoption of prudent investment standards in Alberta and a larger evaluation of the role of Alberta institutions.
Do the Orthodox Rules of Lawyering Permit the Public Interest Advocate to Do the Right Thing: A Case Study of HIV-Infected Prisoners
Authors: Mosoff Judith
Published: December 2018

The author explores the area of public interest litigation using her experiences as counsel for an HIV infected prisoner to illustrate public interest concepts and concerns. The author first provides a background to the case and then discusses the special considerations that must be addressed in public interest litigation. She points out how this approach differs from private interest litigation in such areas as the overall goal of litigation and in the relationship between counsel and other actors. In concluding, the author notes particular areas that need to be examined and improved for more effective public interest litigation.
The Case for Comprehensive Random Breath Testing Programs in Canada: Reviewing the Evidence and Challenges
Authors: Solomon Robert , Chamberlain Erika , Abdoullaeva Maria , Tinholt Ben , Chiodo Suzie
Published: December 2018

Impairment related crashes remain Canada’s leading criminal cause of death. In response, this article examines impaired driving rates and enforcement in Canada and argues that random breath testing programs would increase the risk of apprehension, thereby enhancing the deterrent impact of Canada’s impaired driving laws. The authors analyze the international experience with random breath testing, explaining that most developed and developing countries, including Australia, New Zealand, and Ireland have implemented random breath testing. These programs have had significant traffic safety benefits and enjoy broad public support. The authors argue that, while random breath testing legislation may be found to infringe section 8 and is most likely to infringe sections 9 and 10(b) of the Canadian Charter of Rights and Freedoms, it should be upheld under section 1. They argue that the potential benefits of random breath testing in Canada would be substantial, while the effects on individual rights would be modest.
A Critical Analysis of Civil Procedure Rules 187 and 190: Stringency without Efficacy
Authors: Bowal Peter , Lau Ben
Published: December 2018

In the ongoing effort to modernize and improve the civil process, the Alberta Rules of Court were amended in 1999. Affidavits of records are automatically required within a fixed period of time and non-compliance is sanctionable by a virtually automatic right to double costs. This article traces the genesis of these new, uniquely Albertan procedural rules, then identifies several concerns and critically analyzes them. It concludes that in practice, the five year old amendments generally do not serve to expedite proceedings, reduce litigant or public costs, facilitate settlement on the substantive merits of the dispute, nor enhance the overall public perception of the administration of civil justice. In fact, they may have the opposite effect from what was intended of encouraging settlement and the prudent use of court time. The authors recommend that the current Alberta Law Reform Institute's Rules of Court Project should propose rescission of these recent amendments and return to the demand model reinforced by judicial case management and costs discretion.
The Odhavji Decision: Old Ghosts and New Confusion in Canadian Courts
Authors: Bodner Michael
Published: December 2018

The tort of misfeasance in public office was recently examined by the Supreme Court of Canada in Odhavj Estate v. Woodhouse. While the case provided a statement on the law in this area, it also left many questions unanswered. This article lays out the factual background of the case, the elements of the tort as laid down by the Court and the tort's relationship with other aspects of Canadian tort law. Further, the author critically examines the ambiguities and additional problems that have arisen in the wake of the decision and how the lower courts have been dealing with the tort in subsequent cases. The author ultimately concludes that it is very likely that the Supreme Court of Canada will need to revisit this area of tort law in the years to come.
Civil Justice Reform and Mandatory Civil Mediation in Saskatchewan: Lessons from a Maturing Program
Authors: MacFarlane Julie , Keet Michaela
Published: December 2018

This article examines the development of the civil court-connected mediation program in Saskatchewan. The program was evaluated by the authors following its first 10years of operation, using focus groups and interviews with lawyers, clients, mediators and judges across the province. The resulting data shows a broad level of satisfaction with the mediation program among clients and a growing acceptance by the Bar and the Bench. There is an interesting alignment of views between some lawyers and clients describing a desire for proactive (albeit non-evaluative) mediators. The authors go on to discuss possible program enhancements to promote greater flexibility in case referral type, timing and management and to further extend acceptance of the program. The authors conclude that the Saskatchewan program provides a good example of a "maturing" court-connected mediation program, demonstrating the importance of changes in attitudes and behaviours especially among lawyers if justice reform in the form of court-connected mediation is to have a lasting impact on the adversarial culture of the courts.
Dispute Resolution, Access to Civil Justice and Legal Education
Authors: Farrow Trevor C.W.
Published: December 2018

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.
Making Sense of Juristic Reasons: Unjust Enrichment after Garland v. Consumers' Gas
Authors: McInnes Mitchell
Published: December 2018

This article considers the effect of the recent decision of the Supreme Court of Canada in Garland v. Consumers' Gas. The author suggests that lacobucci J. 's judgment replaces the traditional common law approach, which relies on the presence of unjust factors, with a unique version of the traditional civil law approach, which relies on the absence of juristic reasons. That decision is criticized as being contrary to precedent and principle. The author then suggests how, with slight modifications, the new test of restitutionary liability may be made more workable and coherent.
The Use of Extrinsic Evidence in the Interpretation of Written Agreements in Alberta
Authors: Mayson Tom F.
Published: December 2018

The main objective of the court when attempting to interpret a written agreement is to give effect to the true intention of the parties to that agreement. To do this, the court first looks to the words compiling the agreement to attempt to give a fair and plain meaning to it. However, when the agreement after considering the plain and ordinary meaning of the words therein is still not clear, tire court may feel Justified in using extrinsic evidence, such as the circumstances surrounding the parties when coming to the agreement, to find and give effect to their true intentions.

The use of extrinsic evidence to interpret a written agreement must be limited to situations where the intentions of the parties are unclear after looking at the written agreement on its own. Various rules and principles complicate this basic underlying statement. They exist to ensure the court does not simply transpose its "view” of what is fair and reasonable in lieu of contractual interpretation. This article attempts to outline these various rules and principles as they exist in the law of extrinsic evidence when interpreting contracts in Alberta.
Lawyers and Judges on Circuit in Canada’s Northwest Territories in the Twentieth Century
Authors: Price Graham
Published: December 2018

This article presents a few selected vignettes of lawyers and judges on criminal court circuit in Canada’s North during the last century. It seeks to provide a discrete historical database that may be useful to counsel and judges when discharging their northern court duties. It also captures some of the Aboriginal issues that continue to arise in the Northwest Territories and Nunavut.
Turning Lead into Gold: The Uncertain Alchemy of All Obligations Clauses
Authors: Wood Roderick J.
Published: December 2018

This article examines the use of all obligation clauses in security agreements and their potential to transform an unsecured claim into a more valuable secured claim upon an assignment of the unsecured claim or the security agreement. The author addresses three arguments that have been levelled against the use of all obligations clauses: unfairness to the debtor, distortion of the pro rata sharing principle of bankruptcy law, and the disruption of the Personal Property Security Act priority regime. The author also examines two analogous transactions and explains why these do not create similar problems.
R v Syncrude Canada: A Clash of Bitumen and Birds
Authors: Fluker Shaun
Published: December 2018

On 28 April 2008, approximately 1,600 migratory birds died when they landed on a tailings pond located on Syncrude Canada’s Aurora North tar sands mine along the Athabasca river north of Fort McMurray. The Aurora mine, along with others in this region, fall under the pathway for migratory birds flying to and from breeding grounds in the Peace Athabasca freshwater delta in Wood Buffalo National Park. Weather or fatigue will influence migratory birds to rest along their route and a tailings pond located under the flyway is an attractive resting spot, particularly in early spring as the warm bitumen froth in the pond keeps its surface free of ice and snow. Unsuspecting birds who land on the pond risk being trapped in the sticky mat of toxic bitumen that floats on the surface before it sinks. The migratory birds who landed on the Aurora tailings pond that day were sentenced to certain death.
A Failed Experiment - Investigative Detention: Ten Years Later
Authors: Stribopoulos James
Published: December 2018

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major claims. First, the investigative detention cases have done little to regulate but much to legitimize police detention practices, mostly serving to blur the line between the detentions they endorse and conventional arrests. Second, the investigative detention experiment holds larger lessons about the dangers inherent when courts, as opposed to legislatures, create police powers. Given these dangers, the paper contends that the ancillary powers doctrine should be rejected as a device for creating complex police powers, like investigative detention. Instead, the author draws upon the dialogue model, already embraced by the Supreme Court of Canada, to offer an alternative approach. He concludes by outlining steps the Court could take to encourage Parliament to finally enact the sort of clear, comprehensive, and prospective rules and procedures that are essential if police detention practices are to be effectively regulated in the future.
Charter Roadblocks to Defence Disclosure
Authors: Stalker M. Anne
Published: December 2018

This article examines the issue of compelled defence disclosure in light of the framework for discovery set out in Stinchcombe v. The Queen and s. 7 of the Charter. The author contends that the introduction of compelled defence disclosure into the Canadian criminal law system would be inappropriate given the current s. 7 Charter analysis.
The principles of Crown disclosure gleaned from Stinchcombe and current rationales for imposing obligations of disclosure on the defence are reviewed. The impact upon the accused's right to silence, right to make full answer and defence, and the right against self-incrimination, is used to illustrate the inadequacies of the current justifications for compelled defence disclosure. The author concludes that while incremental expansion of particular existing defence obligations to disclose may be appropriate, it appears that the constitutional barriers to implementing full reciprocal defence disclosure in Canada are complete and just.
The Mere Busybody: Autonomy, Equality and Standing
Authors: Binch Russell
Published: December 2018

It is often believed that the application of standing principles has little bearing on the ideological constructs that have guided the development of public law. However, a few commentators have attempted to alter this belief by demonstrating that standing promotes an individual's capacity and right to further her or his personal autonomy, an ideal that is deep and pervasive in our culture. From this, they conclude that it is desirable to prevent public interest organizations from initiating litigation. While the insight that standing and autonomy are fundamentally connected is an important contribution, the conclusion — that this bars access for public interest organizations — disappointing. It fails to recognize that autonomy is often furthered by interdependence, and that the interdependent ties found in public interest organizations are of particular importance for disadvantaged persons. When we reconceive autonomy through the lens of equality, our understanding of standing is radically altered.
The Slings and Arrows of Outrageous Fortune: Can You “Lose” the Lottery but Still Win?
Authors: Shariff Mary J. , MacPherson Darcy L.
Published: December 2018

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contract law principles could favour the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes characterizing lottery advertisements as both an offer and an invitation to treat. Even so, whether the lottery corporation is construed as the offeror or the offeree, the authors contend that a diligent analysis of the formation of the underlying contract could entitle the claimant to the prize. The article concludes that the regulatory framework governing lotteries does not necessarily preclude the acceptance of contract law arguments in favour of the claimant. Rather, it is the courts’ tendency to analyze the contractual elements of the relationship between the player and the lottery corporation in a haphazard manner that has been the source of frustration for many lottery players across Canada.
People Principles Progress: The Alberta Court of Appeal’s First Century 1914 to 2014, David Mittelstadt
Authors: Renke Wayne
Published: December 2018

No abstract available.
Investing in Development: The Role of Democracy and Accountability in International Investment Law
Authors: Mayeda Graham
Published: December 2018

This article explores whether international investment agreements (IIAs) have the potential to impede democratic expression and, as a result, hinder sustainable development. The author first demonstrates that democracy plays an essential role in the promotion of sustainable development and provides a normative (rather than procedural) definition of democracy. The three ways in which IIAs can limit democracy are then addressed. First, they can limit the policy space of developing countries. This is demonstrated through an analysis of how types of provisions commonly found in IIAs can negatively affect policy flexibility. Second, democracy can be indirectly limited through the decisions of international investment tribunals which give little deference to the decisions of domestic democratic forums. Third, democracy can be undermined if foreign investors are not accountable to any democratic government. In this regard, it is necessary for IIAs to impose obligations on home states and investors to ensure that investors behave in socially responsible ways. The article concludes with suggestions for ways in which developing countries can structure IIAs to support democracy rather than detract from it.
Judicial Fundraising in Canada
Authors: Pitel Stephen GA , Malecki Michal
Published: December 2018

The extent to which judges should be involved in fundraising for civic and charitable causes is an important issue of judicial ethics. The default principle adopted by judicial councils in Canada precludes judges from fundraising subject to only minor exceptions. Yet anecdotal evidence indicates that some Canadian judges do engage in fundraising. This raises the question of whether there should be a change to the principle so as to allow judges greater scope for fundraising activities. The aim of this article is to review the ethical principles for judicial fundraising and evaluate whether they require modifications for the modern Canadian judiciary. The authors consider several hypothetical fundraising scenarios and propose recommendations to the Canadian Judicial Council’s Ethical Principles for Judges.
Towards the Institutionalization of Cosmopolitan Law-Making
Authors: Sato Yoshiaki
Published: December 2018

The emergence of de facto cosmopolitan law-making activities, as well as the institutionalization of cosmopolitan law-making, is gradually changing the transnational legal landscape. This article explains the original concept of cosmopolitan law as it was first put forward by Immanuel Kant and describes how the emergence of de facto cosmopolitan law-making activities has resulted in the adoption of various treaties and international norms. It identifies the two types of institutionalization of cosmopolitan law-making as a hybrid of international and cosmopolitan law-making, and a purer version of cosmopolitan law-making. The article then argues that in order for cosmopolitan law-making to be recognized as legitimate, cosmopolitans must limit themselves to advisory roles and remain accountable to stakeholders around the world. The article concludes by discussing the proposed “Draft Charter of the East Asian Community” as an epoch-making proposal for regional integration in East Asia.
After Labaye: The Harm Test of Obscenity, the New Judicial Vacuum, and the Relevance of Familiar Voices
Authors: Jochelson Richard
Published: December 2018

In R. v. Labaye, the Supreme Court of Canada finally retired the community standards of tolerance test of obscenity. The test had been the subject of much academic critique, a matter that reached its zenith in the period following Little Sisters Book and Art Emporium v. Canada (Minister of Justice), in which a gay and lesbian bookshop contested the procedures and legislative regime of customs officials in detaining its imports. The engagement in the literature on the efficacy of the community standards test that followed was often heated, always interesting, and ultimately unresolved. To date, we have not seen any clarifying applications of the newly proposed harm test by the Supreme Court, nor have we seen a profound articulation in any lower courts. Subsequently, the academic discussion has slowed to a crawl. In this article, the author reviews four accounts of the community standards test that were prominent following Little Sisters, and asks if the newly proposed Labaye standard meets their concerns. The Labaye case provides much fodder for the previous critics and supporters of a community standards of tolerance approach to analyze. After a critical analysis of the new Labaye test, the author concludes that the concerns have not been muted by the retirement of the community standards test, even if the voices have been. The engaged voices heard in the aftermath of Little Sisters should not hold back and they should not abandon the work to be done in obscenity law and freedom of expression discourse generally.
Family Violence Cases in Alberta: A Snapshot
Authors: Koshan Jennifer
Published: December 2018

In a one week period in August 2008, four decisions concerning family violence were posted on the Alberta Courts website...
Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law
Authors: Hutchison Cameron J.
Published: December 2018

The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, whereby courts analogize the facts before them with certain paradigm cases. This methodology serves to constrain judicial discretion and enables courts to fill gaps in legislation in connection with novel cases.
Balancing Employer Policies and Employee Rights: The Role of Legislation in Addressing Workplace Alcohol and Drug Testing Programs
Authors: Pearce Clarissa
Published: December 2018

Workplace alcohol and drug policies create tension between employer safety interests and employee privacy rights. Despite numerous legal challenges, the appropriate balance between employer and employee interests has not yet been decided. This lack of clarity is apparent in the various policies of employers, human rights commissions, and the rights asserted by affected employees. The article examines “model” policies of the petroleum and construction sectors and analyzes jurisprudence surrounding various forms of alcohol and drug testing, keeping the distinction between union and non-union approaches. It points to a lack of cohesion in jurisprudence and alcohol and drug testing policy models, and urges the implementation of legislation for greater certainty in the field.
Rediscovering the Law of Negligence, Allan Beever
Authors: Brown Russell
Published: December 2018

(Oxford: Hart 2007).