bluuebunny/crossref_metadata_2025 huggingface dataset:
A Long‐Standing Demographic East–West Divide in Germany
Authors: Klüsener Sebastian , Goldstein Joshua R.
Published: July 2014

Over the last 25 years, a large number of studies have looked at the demographic differences between the previously divided eastern and western parts of Germany. The two regions have converged with respect to mortality and overall fertility levels. But in terms of family formation behaviour, differences remain. Non‐marital births are the norm in eastern Germany, whereas they are still the exception in western Germany. Various explanations for these differences have been offered, with the most persuasive linking policy and socio‐economic conditions in eastern and western Germany after 1945 with the persistence of regional patterns. Here, we show that the non‐marital fertility divide pre‐dates the 1945 division of Germany. Indeed, already in the early 20th century, the areas of eastern Germany that made up the German Democratic Republic had, on average, roughly twice the non‐marital fertility levels of western Germany. In the first part of our paper, we document the history of this long‐standing pattern and provide a set of explanations for its emergence. In the second part, we apply multi‐level models to birth register data to explore whether East–West differences in non‐marital fertility would remain even under scenarios such as convergence in secularisation levels and economic conditions. The persistence of the past suggests that explanations for family formation differences between eastern and western Germany based solely on the most recent and current conditions are incomplete, and that convergence, if it occurs at all, will take longer than anticipated, perhaps lasting many decades or more. Copyright © 2014 John Wiley & Sons, Ltd.
Auxetic properties of cubic metal single crystals
Authors: Krasavin Victor V. , Krasavin Alexey V.
Published: July 2014

The behaviour of the Poisson's ratio is investigated on the basis of derived by the authors explicit equations determining the components of the compliance tensor in an arbitrarily rotated coordinate frame. Clear analytical expressions describing the angular dependencies of the auxetic properties have been found and the crystallographic regions possessing such auxetic behaviour have been revealed for single crystals of elemental metals. This was completed with the straightforward expressions for calculation of the maximum values of auxeticity. The connection between the auxetic properties and the level of anisotropy of single crystals as well as the Cauchy relation has been analysed for various metals with BCC and FCC lattices.
Detecting qualitative interactions in clinical trials with binary responses
Authors: Kitsche Andreas
Published: July 2014

This study considers the detection of treatment‐by‐subset interactions in a stratified, randomised clinical trial with a binary‐response variable. The focus lies on the detection of qualitative interactions. In addition, the presented method is useful more generally, as it can assess the inconsistency of the treatment effects among strata by using an a priori‐defined inconsistency margin. The methodology presented is based on the construction of ratios of treatment effects. In addition to multiplicity‐adjusted p‐values, simultaneous confidence intervals are recommended to use in detecting the source and the amount of a potential qualitative interaction. The proposed method is demonstrated on a multi‐regional trial using the open‐source statistical software R. Copyright © 2014 John Wiley & Sons, Ltd.
An autopsy case of unicentric Castleman's disease associated with bronchiolitis obliterans
Authors: Kobayashi Koichi , Ohshima Nobuharu , Shimada Masahiro , Kawashima Masahiro , Matsui Hirotoshi , Hebisawa Akira
Published: July 2014

A 34‐year‐old woman visited the hospital suffering from enanthema of the tongue, hair loss, and nonproductive cough. Corticosteroid administration slightly resolved the enanthema and hair loss, but not the nonproductive cough. She was transferred to another hospital for the resection of a retroperitoneal mass, which was histopathologically diagnosed as unicentric, hyaline vascular type Castleman's disease. She was then referred to our hospital due to progressive dyspnea and was diagnosed as having bronchiolitis obliterans based on computed tomography scan findings and a lung function test, while paraneoplastic pemphigus was clinically considered for her enanthema. After her death from respiratory failure in spite of corticosteroid administration, autopsy confirmed constrictive bronchiolitis in the lung. Mucocutaneous lesions, clinically considered as paraneoplastic pemphigus, were histologically different from pemphigus. The constrictive bronchiolitis and other pathological findings, including nonviral chronic hepatitis and interstitial nephritis, confirmed the diagnosis of paraneoplastic autoimmune multiorgan syndrome associated with the Castleman's disease.
Enhancing malware detection for Android systems using a system call filtering and abstraction process
Authors: Amamra Abdelfattah , Robert Jean‐Marc , Talhi Chamseddine
Published: July 2014

Improving anomaly‐based malware detection techniques has been widely studied in recent years. Most of these efforts have focused on the dataset available for analysis and/or the algorithms used to distinguish between normal or abnormal behavior. These factors have major impacts on the accuracy performance of the detection techniques as well as on their time and space complexities. In this paper, we revisit a classical anomaly‐based malware detection approach (i.e., database of normal behavior) analyzing Android system calls with two conflicting objectives: reducing the time and space complexities of the selected approach without decreasing its accuracy performance. To achieve this goal, we introduce a filtering and abstraction process, which (i) removes irrelevant system calls to describe the main behavior of an Android application and (ii) unifies system calls having the same functionality but different names. This process is used to build a database describing a canonical normal behavior model of Android applications. This model is based on the 200 most popular free Android applications available in the Android market. It represents the last line of defense of an in‐depth protection strategy for smartphone systems. The results of our experimentations show that our filtering and abstraction process has positive impacts on the performance and the accuracy of the selected malware detection approach. Copyright © 2014 John Wiley & Sons, Ltd.
Coherent Spin Transport and Suppression of Spin Relaxation in InSb Nanowires with Single Subband Occupancy at Room Temperature
Authors: Bandyopadhyay Saumil , Hossain Md. Iftekhar , Ahmad Hasnain , Atulasimha Jayasimha , Bandyopadhyay Supriyo
Published: July 2014

A longstanding goal of spintronics is to inject, then coherently transport, and finally detect electron spins in a semiconductor nanowire in which a single quantized subband is occupied by the electrons at room temperature. Here, the achieving of this goal in electrochemically self‐assembled 50‐nm diameter InSb nanowires is reported and substantiated by demonstrating both the spin‐valve effect and the Hanle effect. Observing both effects in the same sample allows one to estimate the electron mobility and the spin relaxation time in the nanowires. It is found that despite four orders of magnitude degradation in the mobility compared to bulk or quantum wells and a resulting four orders of magnitude increase in the Elliott‐Yafet spin relaxation rate, the spin relaxation time in the nanowires is still about an order of magnitude longer than what has been reported in bulk and quantum wells. This is caused by the elimination or suppression of the D’yakonov‐Perel’ spin relaxation through single subband occupancy. These experiments shed light on the nature of spin transport in a true quantum wire and raise hopes for the realization of a room‐temperature Datta‐Das spin transistor, where single subband occupancy is critical for optimum performance.
Flexible Visible‐Light Photodetectors with Broad Photoresponse Based on ZrS3 Nanobelt Films
Authors: Tao You‐Rong , Wu Xing‐Cai , Xiong Wei‐Wei
Published: July 2014

Two new flexible visible‐light photodetectors based on ZrS3 nanobelts films are fabricated on a polypropylene (PP) film and printing paper, respectively, by an adhesive‐tape transfer method, and their light‐induced electric properties are investigated in detail. The devices demonstrate a remarkable response to 405 to 780 nm light, a photocurrent that depends on the optical power and light wavelength, and an excellent photoswitching effect and stability. This implies that ZrS3 nanobelts are prospective candidates for high‐performance nanoscale optoelectronic devices that may be practically applied in photodetection of visible to near infrared light. The facile fabrication method is extendable to flexible nanodevices with different nanostructures.
Propagation of cortical spreading depression into the hippocampus: The role of the entorhinal cortex
Authors: Martens‐Mantai Tanja , Speckmann Erwin‐Josef , Gorji Ali
Published: July 2014

Propagation of cortical spreading depression (CSD) to the subcortical structures could be the underlying mechanism of some neurological deficits in migraine with aura. The entorhinal cortex (EC) as a gray matter bridge between the neocortex and subcortical regions plays an important role in this propagation. In vitro combined neocortex‐hippocampus brain slices were used to study the propagation pattern of CSD between the neocortex and the hippocampus. The effects of different compounds as well as tetanic electrical stimulations in the EC on propagation of CSD to the hippocampus were investigated. Repetitive induction of CSD by KCl injection in the somatosensory cortex enhanced the probability of CSD entrance to the hippocampus via EC. Local application of AMPA receptor blocker CNQX and cannabinoid receptor agonist WIN 55212‐2 in EC facilitated the propagation of CSD to the hippocampus, whereas application of NMDA receptor blocker APV and GABAA receptor blocker bicuculline in this region reduced the probability of CSD penetration to the hippocampus. Application of tetanic stimulation in EC also facilitated the propagation of CSD entrance to the hippocampus. Our data suggest the importance of synaptic plasticity of EC in filtering the propagation of CSD into subcortical structures and possibly the occurrence of concomitant neurological deficits. Synapse 68:574–584, 2014. © 2014 Wiley Periodicals, Inc.
Unilateral injection of Aβ25–35 in the hippocampus reduces the number of dendritic spines in hyperglycemic rats
Authors: Lazcano Zayda , Solis Oscar , Bringas María Elena , Limón Daniel , Diaz Alfonso , Espinosa Blanca , García‐Peláez Isabel , Flores Gonzalo , Guevara Jorge
Published: July 2014

Alzheimer's disease (AD) is a neurodegenerative process exacerbated by several risk factors including impaired glucose metabolism in the brain that could cause molecular and neurochemical alterations in cognitive regions such as the hippocampus (Hp). Consequently, this process could cause neuronal morphological changes; however, the mechanism remains elusive. We induced chronic hyperglycemia after streptozotocin (STZ) administration. Then, we examined spatial learning and memory using the Morris water maze test and evaluated neuronal morphological changes using the Golgi–Cox stain procedure in hyperglycemic rats that received a Aβ25–35 unilateral injection into the Hp. Our results demonstrate that STZ combined with Aβ25–35 induced significant deficits in the spatial memory. In addition, we observed a significant reduction in the number of dendritic spines of pyramidal neurons in the dorsal Hp of rats with STZ plus Aβ25–35. In conclusion, the reduced spine density of pyramidal neurons in the CA1 dorsal Hp could produce the spatial memory deficit observed in these animals. These results suggest that hyperglycemia can trigger Aβ‐induced neurodegeneration and thus the appearance of AD symptoms would be accelerated. Synapse 68:585–594, 2014. © 2014 Wiley Periodicals, Inc.
Hierarchical modeling in spatial epidemiology
Authors: Lawson Andrew B.
Published: July 2014

This paper considers the basic concepts and methods used in hierarchical modeling for data arising in spatial epidemiology. Following discussion of basic statistical and epidemiological concepts relevant to small‐area health studies, the paper reviews the different approaches to model formulation, parameter estimation, and also software resources. WIREs Comput Stat 2014, 6:405–417. doi: 10.1002/wics.1315

This article is categorized under:

Statistical and Graphical Methods of Data Analysis > Bayesian Methods and Theory

Applications of Computational Statistics > Health and Medical Data/Informatics

Data: Types and Structure > Image and Spatial Data
Community detection in large‐scale networks: a survey and empirical evaluation
Authors: Harenberg Steve , Bello Gonzalo , Gjeltema L. , Ranshous Stephen , Harlalka Jitendra , Seay Ramona , Padmanabhan Kanchana , Samatova Nagiza
Published: July 2014

Community detection is a common problem in graph data analytics that consists of finding groups of densely connected nodes with few connections to nodes outside of the group. In particular, identifying communities in large‐scale networks is an important task in many scientific domains. In this review, we evaluated eight state‐of‐the‐art and five traditional algorithms for overlapping and disjoint community detection on large‐scale real‐world networks with known ground‐truth communities. These 13 algorithms were empirically compared using goodness metrics that measure the structural properties of the identified communities, as well as performance metrics that evaluate these communities against the ground‐truth. Our results show that these two types of metrics are not equivalent. That is, an algorithm may perform well in terms of goodness metrics, but poorly in terms of performance metrics, or vice versa. WIREs Comput Stat 2014, 6:426–439. doi: 10.1002/wics.1319

This article is categorized under:

Algorithms and Computational Methods > Algorithms

Statistical Learning and Exploratory Methods of the Data Sciences > Clustering and Classification

Data: Types and Structure > Graph and Network Data
The pathogenomics of McArdle disease—genes, enzymes, models, and therapeutic implications
Authors: Nogales‐Gadea Gisela , Santalla Alfredo , Brull Astrid , de Luna Noemi , Lucia Alejandro , Pinós Tomàs
Published: July 2014

Numerous biomedical advances have been made since Carl and Gerty Cori discovered the enzyme phosphorylase in the 1940s and the Scottish physician Brian McArdle reported in 1951 a previously ‘undescribed disorder characterized by a gross failure of the breakdown in muscle of glycogen’. Today we know that this disorder, commonly known as ‘McArdle disease’, is caused by inherited deficiency of the muscle isoform of glycogen phosphorylase (GP). Here we review the main aspects of the ‘pathogenomics’ of this disease including, among others: the spectrum of mutations in the gene (PYGM) encoding muscle GP; the interplay between the different tissue GP isoforms in cellular cultures and in patients; what can we learn from naturally occurring and recently laboratory‐generated animal models of the disease; and potential therapies.
The relative importance of sexual and asexual reproduction in the spread of Spartina alterniflora using a spatially explicit individual‐based model
Authors: Liu Huiyu , Lin Zhenshan , Qi Xiangzhen , Zhang Mingyang , Yang Hao
Published: July 2014

This study investigates a spatially explicit, individual‐based model for simulating the spread of invasive smooth cordgrass (Spartina alterniflora) in Yancheng coastal wetlands from 1995 to 2010. The model, which considers the landscape heterogeneity and changes detected by remote sensing, also reveals the relative importance of sexual and asexual reproduction in the spread by global sensitivity analysis. The model was verified as suitable for simulating the range expansion of S. alterniflora. The results show that: (1) although seedling recruitment is low, it significantly contributes to the range expansion of S. alterniflora. Removing sexual propagation greatly reduces the expansion rate. Rapid expansion requires both sexual and asexual reproduction; (2) in the global sensitivity analysis, the most significant affecters of S. alterniflora invasion were seed dispersal distance, adult survival rate and asexual recruitment survival rate. Sexual propagation contributes much more significantly to quick range expansion than asexual reproduction, but asexual reproduction is the main source of recruitment. Invasion control strategies should target a single reproduction mode. Here, limiting the germination and dispersal of seeds is suggested as a realistic strategy for controlling and managing invasion by this species.
Co‐occurrences between adolescent substance use and academic performance: School context influences a multilevel‐longitudinal perspective
Authors: Andrade Fernando H.
Published: July 2014

A growing body of literature has linked substance use and academic performance exploring substance use as a predictor of academic performance or vice versa. This study uses a different approach conceptualizing substance use and academic performance as parallel outcomes and exploring two topics: its multilevel‐longitudinal association and school contextual effects on both outcomes. Using multilevel Confirmatory Factor Analysis and multilevel‐longitudinal analyses, the empirical estimates relied on 7843 students nested in 114 schools (Add Health study). The main finding suggests that the correlation between substance use and academic performance was positive at the school level in contraposition to the negative relationship at the individual level. Additional findings suggest a positive effect of a school risk factor on substance use and a positive effect of academic pressure on academic performance. These findings represent a contribution to our understanding of how schools could affect the relationship between academic performance and substance use.
Meimechite–picrite associations in Siberia, Primorye, and Kamchatka (comparative analysis and petrogenesis)
Authors: Vasil’ev Yu.R. , Gora M.P.
Published: July 2014

Analysis of petrochemical and geochemical information on rocks and primary melt inclusions from olivines of meimechite–picrite associations of different ages in Siberia (Maimecha–Kotui province), Primorye (Sikhote-Alin), and Kamchatka was made. It showed that the rocks, despite their similar appearance and identical structural patterns, differ considerably in the contents and distribution of incompatible and rare-earth elements and in the composition and evolution trends of parental high-temperature highly magnesian melts.
Think on my Words
Authors: Crystal David
Published: July 2014

For decades, people have been studying Shakespeare's life and times and in recent years there has been a renewed surge of interest in aspects of his language. So how can we better understand Shakespeare? David Crystal provides a lively and original introduction to Shakespeare's language, making his plays easily accessible to modern-day audiences. Covering the five main dimensions of language structure - writing system, pronunciation, grammar, vocabulary and conversational style - this book demonstrates how examining these linguistic 'nuts and bolts' can help us achieve a greater appreciation of Shakespeare's linguistic creativity.
A parametric study of the coalescence of liquid drops in a viscous gas
Authors: Sprittles James E. , Shikhmurzaev Yulii D.
Published: July 2014

The coalescence of two liquid drops surrounded by a viscous gas is considered in the framework of the conventional model. The problem is solved numerically with particular attention paid to resolving the very initial stage of the process which only recently has become accessible both experimentally and computationally. A systematic study of the parameter space of practical interest allows the influence of the governing parameters in the system to be identified and the role of viscous gas to be determined. In particular, it is shown that the viscosity of the gas suppresses the formation of toroidal bubbles predicted in some cases by early computations where the gas’ dynamics was neglected. Focusing computations on the very initial stages of coalescence and considering the large parameter space allows us to examine the accuracy and limits of applicability of various ‘scaling laws’ proposed for different ‘regimes’ and, in doing so, reveal certain inconsistencies in recent works. A comparison with experimental data shows that the conventional model is able to reproduce many qualitative features of the initial stages of coalescence, such as a collapse of calculations onto a ‘master curve’ but, quantitatively, overpredicts the observed speed of coalescence and there are no free parameters to improve the fit. Finally, a phase diagram of parameter space, differing from previously published ones, is used to illustrate the key findings.
How words anchor categorization: conceptual flexibility with labeled and unlabeled categories‡
Authors: TOLINS JACKSON , COLUNGA ELIANA
Published: July 2014

abstract

Labeled categories are learned faster, and are subsequently more robust than categories learned without labels. The label feedback hypothesis (Lupyan, 2012) accounts for these effects by introducing a word-driven top-down modulation of perceptual processes involved in categorization. By testing categorization flexibility with and without labels, we demonstrate the ways in which labels do and do not modulate category representations. In Experiment 1, transfer involved a change in selective attention, and results indicated that labels did not impact relearning. In Experiment 2, when transfer involved a change in the behavioral response to categories whose structures did not change, a reversal shift, learning the categories with labels speeded recovery. We take this finding as evidence that the augmentation of perceptual processes by words is on the one hand fairly weak without explicit reinforcement, but on the other allows for category representations to be more abstract, allowing greater flexibility in behavior.
Historians, Social Scientists, Servants, and Domestic Workers: Fifty Years of Research on Domestic and Care Work
Authors: Sarti Raffaella
Published: July 2014

Historical research on domestic servants has a long tradition. Research, however, has become more systematic from the 1960s onwards thanks to social historians, historians focusing on the family, historical demographers and (particularly from the 1970s) women's and gender historians. For a long time, scholars assumed that domestic service (especially by live-in workers) would decline, or even disappear, because of household modernization, social progress, and development of the welfare state. The (largely unexpected) “revival” of paid domestic and care work in the past three decades has prompted sociologists and other social scientists to focus on the theme, opening new opportunities for exchange between historians and social scientists. This article provides a review of the research on these issues at a global level, though with a focus on Europe and the (former) European colonies, over the past fifty years, illustrating the different approaches and their results.
Morpho-phenological diversity among Tunisian natural populations ofBrachypodium hybridum
Authors: NEJI M. , GEUNA F. , TAAMALLI W. , IBRAHIM Y. , SMIDA M. , BADRI M. , ABDELLY C. , GANDOUR M.
Published: July 2014

Brachypodium hybridumbelongs to thePoaceaegrass subfamily. It has a close genetic relationship with temperate cereal crops, which means that it can be used as a model for temperate cereal and grass crops. In order to improve knowledge on the genetic diversity of this species, 145 lines ofB. hybridumrepresentative of nine populations and all the ecoregions of Tunisia were characterized on the basis of 18 morpho-phenologic features. The results show a considerable variation between populations and ecoregions in all traits studied. Variation was relatively higher for reproductive than vegetative traits. The majority of traits showed very low to high heritability with low border value for average length of spikelet (ALS) and an average value of 0·64. It is noticeable that high values of heritability were observed for most vegetative descriptors, with low values for reproductive ones. Differentiation between populations (QST) varied from 0·02 for ALS to 0·78 for average length of leaves with a mean value across traits of 0·4, which confirms the wide intra-population variation in Tunisian natural population ofB. hybridum. PairwiseQSTshowed that the greatest differentiation among populations was registered between Ain Drahem and Jbel Zaghouan and the smallest between Haouria and Raoued. Overall, the Ain Draham population showed the largest differentiation from the rest of the populations. To infer the effect of geographic distribution of the species, a Mantel test was applied between observed pairwise differentiation and geographic distance between populations and between ecoregions: the results show a positive, but not significant, relationship. In addition a significant negative relationship was found between phenotypic diversity and altitude, indicating that genetic diversity decreased with increasing altitude. Taken together, the high levels of intra-population variation and the lack of correlation between genetic differentiation and geographic distribution suggest a potentially important rate of long-distance seed dispersal and confirm the role played by natural selection in the population structure of Tunisian natural populations ofB. hybridum.
Two-week referrals for suspected head and neck cancer: two cycles of audit, 10 years apart, in a district general hospital
Authors: Williams C , Byrne R , Holden D , Sherman I , Srinivasan V R
Published: July 2014

Objective:

To analyse trends in two-week rule referrals for head and neck cancer over 10 years.

Method:

Data from two-week referrals received by the Wirral University Hospital NHS Trust between 1 January and 30 June 2012 were compared with similar data from 2002.

Results:

A total of 357 referrals were received during the 6-month audit period, compared with 149 during the whole of 2002. Cancer pick-up rates were 9 per cent and 5 per cent in the first and second cycles, respectively.

Conclusion:

The annual number of two-week referrals made to our department increased by over 450 per cent in 10 years, but the resulting cancer pick-up rate fell by nearly 50 per cent. Whilst cancer patients need to be seen quickly, the current system is inefficient in parts. Modifications to the treatment pathway should be considered to improve patient care quality and reduce pressure on ENT departments.
New records and a taxonomic review prompts reassessment ofLonchophylla bokermanni, a rare bat endemic to the Brazilian Cerrado
Authors: Teixeira Tiago Souto Martins , Dias Daniela , Vale Mariana M.
Published: July 2014

Lonchophylla bokermanniis a nectar-feeding bat endemic to south-east Brazil that is currently categorized as Vulnerable in Brazil but as Data Deficient on the IUCN Red List. Originally described in the Cerrado savannah of Minas Gerais state in 1978, the species is known to occur in only two other nearby localities. In the last 2 decades individuals identified asL. bokermanniwere recorded in the Brazilian Atlantic Forest, increasing the known range of the species. A recent taxonomic review, however, has shown that Atlantic Forest individuals belong to a separate, new species,Lonchophylla peracchii. L. bokermanni, therefore, is known from only three localities, with an Extent of Occurrence of 1,506 km2. Because this EOO is < 5,000 km2, the species is known from <5 localities, and there is a presumed continued decline in its habitat extent and quality, it should be categorized as Endangered on the IUCN Red List. We recommend that the state of the three known populations ofL. bokermannibe evaluated, and that surveys for further populations are required, particularly in Serra do Cipó National Park.
Functional and usability assessment of a robotic exoskeleton arm to support activities of daily life
Authors: Ambrosini Emilia , Ferrante Simona , Rossini Mauro , Molteni Franco , Gföhler Margit , Reichenfelser Werner , Duschau-Wicke Alexander , Ferrigno Giancarlo , Pedrocchi Alessandra
Published: July 2014

An assistive device for upper limb support was developed and evaluated in terms of usability, user satisfaction and motor performance on six end-users affected by neuro-motor disorders (three spinal cord injury; one multiple sclerosis; two Friedreich's ataxia). The system consisted of a lightweight 3-degrees-of-freedom robotic exoskeleton arm for weight relief, equipped with electromagnetic brakes. Users could autonomously control the brakes using a USB-button or residual electromyogram activations. The system functionally supported all of the potential users in performing reaching and drinking tasks. For three of them, time, smoothness, straightness and repeatability were also comparable to healthy subjects. An overall high level of usability (system usability score, median value of 90/100) and user satisfaction (Tele-healthcare Satisfaction Questionnaire - Wearable Technology, median value of 104/120) were obtained for all subjects.
Special Education and the Charter: The Right to Equal Benefit of the Law.
Authors: Sussel Terri , Manley-Casimir Michael
Published: July 2014

… the problem of providing full educational opportunities to handicapped children is a task that has, with few honourable exceptions, been grievously neglected in Canada.

It is essential that we take just a moment to say a few words about the right to an appropriate education. Many Canadians are denied this basic right referred to in the International Covenant and subscribed to by Canada and the Provinces…. There is indeed the need to entrench the right to an appropriate education…. Without the entrenchment of that value… Canadians who live with a handicap condition are at the outset denied the means of access to many of the benefits of Canadian society.
Stealing Conflicts in Juvenile Justice: Contrasting France and Canada.
Authors: Hackler Jim , Garapon Antoine
Published: July 2014

In 1976 Nils Christie gave a lecture at the University of Sheffield and suggested that conflicts in society performed certain positive functions. Conflicts are “property,” he argued, and belong to the people involved. The participants in conflict may wish to see them resolved in ways that satisfy them, but sometimes those conflicts are taken away and become the property of courts, judges, lawyers or social workers. Christie contends that conflicts make an important contribution to society, and that highly industrialized societies have too little rather than too much internal conflict. He feels that we must organize social systems so that conflicts are nurtured and made visible. In particular we must see to it that professionals do not monopolize the handling of conflicts. In our criminal justice systems, the victims of crime have in particular lost their rights to participate in conflict resolution.

In this paper we use Christie's concept of “stealing conflicts” as a tool for analysing the consequences of the increased use of lawyers in the juvenile justice system as a result of theYoung Offenders Act. TheActpurports to enhance juveniles' responsibility and accountability for their actions, but this end is undermined to the extent that lawyers steal the conflicts. Furthermore, we argue that this trend toward legalism, which characterizes North America today, is different from patterns in some European countries such as France.
Law Making in Canada: Capitalism and Legislation in a Democratic State.
Authors: O'Malley Patrick
Published: July 2014

This paper outlines and critically assesses some of the principal attempts to explain state law making in Canada in terms of its constitution as an advanced capitalist democracy. While generally retaining a conception of relative autonomy of the state, stress is laid on the fact that this can be no more than an heuristic approach. Because it cannot be known in advance whether specific conditions represent an authentic threat to capital reproduction and because interpretation of such conditions is a necessary part of the mobilisation of resistance to such conditions, the so-called limits to autonomy represent no more than a shorthand for politically invoked strategies of opposition by agents of capital. Moreover, focus on relative autonomy and the concept of limits focuses attention on the externalities of state agencies and constitutes these as distinct from the processes relativising state autonomy. The paper therefore works toward a conceptualisation of discursive and non-discursive practices which tend to generate capitalistic-reproductive actions by state agencies.
Medical Malpractice: A Challenge to Alternative Dispute Resolution.
Authors: Mitchell Chester N. , McDiarmid Shona
Published: July 2014

Ideally, medical malpractice actions should deter medical negligence and compensate victims in a manner that is fair, speedy, cost-effective and accessible. Tort critics, however, argue that tort law in general and malpractice actions in particular do not match this ideal. But there is considerable debate about whether the identified faults are inherent or optional in tort adjudication. Those who believe adjudication itself is faulty propose alternative strategies including no-fault compensation schemes, public law prosecution and arbitration. In the paper's first section we consider whether the performance of the traditional adversarial system of dispute resolution in medical malpractice cases is inadequate. Arbitration's effectiveness as an alternative to litigation is then evaluated with reference to three arbitration models employed in the United States. We conclude that arbitration reforms offer distinct advantages but are no panacea for some basic justice problems that stem from political, legal and economic power imbalances between physicians and their clients.
The Legal Control of Personal Data in the Private Sectors of Quebec and Canada.
Authors: Laperrière René , Lemasson Jean-Pierre , Péladeau Pierrôt , Bureau Robert D. , Martin Jean
Published: July 2014

From 1984 to 1986, the Computer Science and Law Research Group at The University of Quebec at Montreal conducted a socio-legal survey for the Government of Quebec on personal data banks in the private sector of Quebec's economy. The study flowed from a concern for the defence and promotion of individual rights and freedoms, which appeared to be threatened by the growth of relatively unregulated data banks. By furnishing an often confidential computerized double, sophisticated data bases can often give a better picture of individuals than they themselves could provide. Ultimately, decisions affecting individuals and social choices could be taken without any control over their conformity to rules of natural justice and democracy. With these concerns in mind, we studied both the current state of development of such data banks and the state of the law regulating them.
Juvenile Prostitution and Mental Health: Policing Delinquency or Treating Pathology?.
Authors: Brannigan Augustine , Fleischman John
Published: July 2014

Juvenile prostitution has been characterized alternatively as an expression of delinquency based on opportunity, and, as a form of pathological work chosen by adolescent victims of sexual abuse. Analysis of the trends in arrests for solicting in Canada suggest that the majority of persons arrested for soliciting are not juveniles. In addition, estimates of abuse in the background of prostitutes are extremely inconsistent. Questions are raised both about the relevance of the pathological model and the utility of treating soliciting as a crime.
Self-Regulation in the Legal Profession: Funnel In, Funnel Out, or Funnel Away?.
Authors: Brockman Joan , McEwen Colin
Published: July 2014

Self-regulation in the legal profession has recently, as it has on previous occasions, come under a barrage of criticism. This paper examines a narrow aspect of self-regulation, the processing of complaints through to dispositions within the disciplinary system of the Law Society of British Columbia between 1978-1988. Statistics and case reports of the Law Society are used to examine the disciplining of lawyers in light of a model which encompasses the benefits of self-regulation (funnel in) and criticism of it (funnel out and funnel away). While suggestions are made for improving the present system there is some question as to whether self-regulation will survive the rapidly changing nature of the legal profession as it bends to national and international pressures.
Les «droits sociaux»: De la divine providence à l'État Providence
Authors: Marion Normand
Published: July 2014

Le discours sur les droits sociaux n'intègre pas la prise en charge par l'Église des besoins sociaux à l'époque féodale, car cette prise en charge relève de l'obligation morale. Le présent article a pour but de montrer qu'il y a lieu de rechercher les fondements des droits sociaux actuels dans les institutions sociales féodales. Pour ce faire, l'auteur aborde le discours religieux qui a conduit à l'institutionnalisation de l'entraide et propose un regard sur les institutions féodales qui ne découle pas de la conception moderne du droit.
Perspectives québécoises sur la Cour suprême du Canada
Authors: Bzdera André
Published: July 2014

Les juges de la Cour suprême fédérale se trouvent de nos jours au centre de l'évolution constitutionnelle du Canada, que ce soit par le biais de leurs interprétations du partage du pouvoir législatif ou de la nouvelle Charte canadienne des droits et libertés de 1982. Or la science politique québécoise met traditionnellement l'accent sur les négociations intergouvernementales en vue de la réforme de la constitution canadienne et il n'existait pas jusqu'à tout récemment d'analyse politique de l'influence des juges sur le pouvoir législatif de l'Assemblée nationale et les valeurs politiques québécoises. Les quelques chercheurs travaillant sur le pouvoir judiciaire apportent néanmoins une nouvelle perspective critique du rôle politique d'une haute cour en régime fédéral binational. Cette approche québécoise fait ressortir la dépendance de la Cour suprême du Canada envers le gouvernement fédéral et caractérise sa jurisprudence de centralisatrice et nationaliste—bref, le reflet de la volonté politique de la majorité canadienne anglaise. La cour n'est plus perçue comme arbitre neutre des conflits. Ceci dit, au Québec le paradigme juridique continue à imprégner l'analyse politique et le discours public.
“Resistance by the Club” to the Feminization of the Legal Profession
Authors: Brockman Joan
Published: July 2014

This paper examines the growth in numbers of lawyers in Canada and British Columbia, and the attrition rates of members from the Law Society of British Columbia. It then reports on the results of a survey of former members of the Law Society of British Columbia which examines the reasons why these former members did not renew their memberships in the Law Society, their perceptions of gender bias in the legal profession in British Columbia, their suggestions for improving the legal profession, and some of the implications of such recommendations.
Canadian Prostitution Control Between 1914 and 1970: An Exercise in Chauvinist Reasoning
Authors: Larsen E. Nick
Published: July 2014

This paper conducts a feminist analysis of Canadian prostitution control during the period between 1914 and 1970. The major intent of this analysis is to outline the manner in which the prostitution-related vagrancy provisions were enforced from the beginning of the First World War through to their repeal in the early 1970s. The effects of two world wars, the eugenics movement of the 1920s, the Great Depression and the liberalized sexual mores of the 1960s on prostitution control are assessed. Throughout this analysis, it is noted that Canadian prostitution control was characterized by an underlying chauvinist bias which overrode all other factors. Furthermore, it is also noted that feminists generally declined to become involved in the prostitution debate, and that many women's groups and organizations sided with the male-dominated military and criminal justice systems.
Canadian Divorce before Reform: The Case of Prince Edward Island, 1946–67
Authors: Owen Wendy J. , Bumsted J. M.
Published: July 2014

This paper represents the first scholarly effort to explore the meaning and practice of divorce in Canada between the end of World War II and the coming of divorce reform in 1968. It is based on a thorough analysis of the case files of the divorce court of Prince Edward Island, resurrected in 1946 to deal with divorce in that province. The paper attempts to place the law and practice of divorce in Prince Edward Island in a national context. It also discusses social patterns of divorce 1946–67 (based upon data never before collected for the period), generally finding them consistent with other available information for the periods immediately preceding and following the one under discussion. The paper concludes with an examination of patterns of divorce among farm families on the Island, exploring other explanatory variables besides traditional morality to explain their distinctiveness
Mediation of Divorce in China
Authors: Bailey Martha J.
Published: July 2014

Western mediators have accepted at face value claims as to the general acceptability and voluntariness of Chinese mediation. Their failure to attend to the cultural context in which Chinese mediation practices are embedded has led to a partial and uncritical impression. Those who cite current mediation practices in China either as positive examples or as models to follow should note mediation's implication in the social control exercised by an authoritarian government and the maintenance of feudal, or patriarchal, norms.
The Canadian Regulatory System and Corporatism: Empirical Findings and Analytical Implications
Authors: Johnson David
Published: July 2014

This article directs attention to the regulatory system in Canada and highlights certain important organizational developments that have been largely ignored by political scientists and legal academics in their studies of this system. Most analysts assessing the nature and functioning of the regulatory system in this country have used pluralist approaches to understand the political and legal phenomena in question, and have explicitly or implicitly rejected the validity of corporatist approaches to this task. This is unwise. Evidence from various regulatory agencies in this country indicates that meso corporatist forms of organization are present in this country's regulatory system. The presence of these forms thus calls for recognition and analysis. The author argues that while a modest degree of corporatism does not invalidate the general worth of pluralist interpretative approaches, our understanding of the regulatory system can only be enhanced through an appreciation of how and why meso corporatist forms of organization arise in particular regulatory agencies and how these developments pose a challenge to agency accountability
A Difference without a Distinction? A Comment on “Do Women Judges Make a Difference? An Analysis of Appeal Court Data” by Peter McCormick and Twyla Job
Authors: Brockman Joan
Published: July 2014

This comment is approached with some trepidation. My eclectic background does not allow me the peace of mind I might have if I had arrived at this point in my life with a more connected or cohesive history. I therefore approach this review from at least three perspectives: (i) as a sociologist with training in traditional social science research methods and methodology, (ii) as a lawyer with some experience prosecuting in provincial court, and (iii) as an academic who has recently dabbled in feminist legal methods and methodology, in law and the social sciences. The first two perspectives require assumptions about social science research and law; the third perspective challenges, questions, and debunks many of these assumptions. Whether there can be an integration of the third with the first or the second is the subject of much debate among feminist academics in, and between, the social sciences and law. At times it is unclear which perspective is influencing my comments, and so I slide from one to another and back again.
The “Adversary System”: Rhetoric or Reality?
Authors: Coughlan Stephen G.
Published: July 2014

Our system of justice is generally referred to as an “adversary system,” although this term is used very loosely. At times, the term is used in a technical way to refer to a system with structured rules of evidence, party presentation of evidence, and a neutral decision-maker. At other times, the phrase seems to be given a broader meaning, referring to the way in which law is practised—that hard-headed competitiveness is the proper, and normal, approach. In fact, neither the rules of our justice system, whether criminal or civil, nor the way in which lawyers behave most of the time are best described as “adversarial.” The current situation, in which largely nonadversarial behavior and rules are described as an adversary system, gives rise to confusion and, more importantly, to unethical action. A possible solution is to cease calling our system an adversary one, and to acknowledge that other rules and behavior are more defining.
Féminisme, sexualité et droit: analyse d'un mythe
Authors: Bertrand Marie-Andrée
Published: July 2014

L'auteure a intitulé son article «Féminisme, sexualité et droit» pour bien indiquer que c'est le travail accompli par les féministes sur la représentation masculine de leur identité et sur leurs rapports au droit qui en constitue la trame et la dynamique. À titre d'illustration de ce travail des femmes, l'auteure présente l'analyse qu'ont faite deux féministes professeures de droit, d'abord du pouvoir du regard mâle sur leur sexualité et leur identité, ensuite sur les effets de ces représentations sur le traitement des femmes devant les tribunaux. L'auteure soutient que le pouvoir mâle est un mythe, une construction ouverte à d'autres formes de représentations. Concernant les rapports des femmes au droit, elle préconise une pratique d'asymétrie éthique et de symétrie phénoménologique.
Plaisir, liberté, égalité: trilogie phallocentrique
Authors: Gagnon Nathaly
Published: July 2014

La trilogie «plaisir/liberté/égalité» sert d'élément d'analyse de la sexualité des femmes dans la réflexion et la lutte féministes pour une transformation radicale de notre société. À partir de la réinterprétation de données recueillies en 1989, l'analyse tente de mieux cerner l'organisation des rapports sociaux de sexe dans notre société. Cette réflexion s'inspire des travaux de MacKinnon, Eisenstein, Cornell et privilégie le cadre théorique suivant: «la sexualité est au féminisme ce que le travail est au marxisme». Les possibilités d'une transformation radicale de la société impliquent une déconstruction / reconstruction des éléments de la trilogie. Pour les féministes, égalité signifie non pas la suppression de la différentiation des genres mais de la hiérarchie basée sur les genres. Le mouvement des femmes, en imposant sa vision d'une morale sexuelle égalitaire, démontre les limites des transformations libérales et se confronte au phallocentrisme dominant. Le droit, en tant que discours légal, crée une définition de l'égalité sexuelle et contribue à déterminer la ligne de démarcation entre ce qui constitue une sexualité légitime et une sexualité illégitime. Ultimement, une reconstruction féministe de la société libérerait la personnalité humaine des restrictions imposées par les stéréotypes sexuels tout en éliminant la misogynie du légalisme libéral.