bluuebunny/crossref_metadata_2025 huggingface dataset:
Evaluation of a multifaceted approach to antimicrobial stewardship education methods for medical residents
Authors: VanLangen Kali M. , Dumkow Lisa E. , Axford Katie L. , Havlichek Daniel H. , Baker Jacob J. , Drobish Ian C. , Jameson Andrew P.
Published: September 2019

Objective:

Medical residents are an important group for antimicrobial stewardship programs (ASPs) to target with interventions aimed at improving antibiotic prescribing. In this study, we compared antimicrobial prescribing practices of 2 academic medical teams receiving different ASP training approaches along with a hospitalist control group.

Design:

Retrospective cohort study comparing guideline-concordant antibiotic prescribing for 3 common infections among a family medicine (FM) resident service, an internal medicine (IM) resident service, and hospitalists.

Setting:

Community teaching hospital.

Participants:

Adult patients admitted between July 1, 2016, and June 30, 2017, with a discharge diagnosis of pneumonia, cellulitis, and urinary tract infections were reviewed.

Methods:

All 3 medical teams received identical baseline ASP education and daily antibiotic prescribing audit with feedback via clinical pharmacists. The FM resident service received an additional layer of targeted ASP intervention that included biweekly stewardship-focused rounds with an ASP physician and clinical pharmacist leadership. Guideline-concordant prescribing was assessed based on the institution’s ASP guidelines.

Results:

Of 1,572 patients, 295 (18.8%) were eligible for inclusion (FM, 96; IM, 69; hospitalist, 130). The percentage of patients receiving guideline-concordant antibiotic selection empirically was similar between groups for all diagnoses (FM, 87.5%; IM, 87%; hospitalist, 83.8%;P= .702). No differences were observed in appropriate definitive antibiotic selection among groups (FM, 92.4%; IM, 89.1%; hospitalist, 89.9%;P= .746). The FM resident service was more likely to prescribe a guideline-concordant duration of therapy across all diagnoses (FM, 74%; IM, 56.5%; hospitalist, 44.6%;P< .001).

Conclusions:

Adding dedicated stewardship-focused rounds into the graduate medical curriculum demonstrated increased guideline adherence specifically to duration of therapy recommendations.
Numerical investigation of controlling interfacial instabilities in non-standard Hele-Shaw configurations
Authors: Morrow Liam C. , Moroney Timothy J. , McCue Scott W.
Published: September 2019

Viscous fingering experiments in Hele-Shaw cells lead to striking pattern formations which have been the subject of intense focus among the physics and applied mathematics community for many years. In recent times, much attention has been devoted to devising strategies for controlling such patterns and reducing the growth of the interfacial fingers. We continue this research by reporting on numerical simulations, based on the level set method, of a generalised Hele-Shaw model for which the geometry of the Hele-Shaw cell is altered. First, we investigate how imposing constant and time-dependent injection rates in a Hele-Shaw cell that is either standard, tapered or rotating can be used to reduce the development of viscous fingering when an inviscid fluid is injected into a viscous fluid over a finite time period. We perform a series of numerical experiments comparing the effectiveness of each strategy to determine how these non-standard Hele-Shaw configurations influence the morphological features of the inviscid–viscous fluid interface. Surprisingly, a converging or diverging taper of the plates leads to reduced metrics of viscous fingering at the final time when compared to the standard parallel configuration, especially with carefully chosen injection rates; for the rotating plate case, the effect is even more dramatic, with sufficiently large rotation rates completely stabilising the interface. Next, we illustrate how the number of non-splitting fingers can be controlled by injecting the inviscid fluid at a time-dependent rate while increasing the gap between the plates. Our simulations compare well with previous experimental results for various injection rates and geometric configurations. We demonstrate how the number of non-splitting fingers agrees with that predicted from linear stability theory up to some finger number; for larger values of our control parameter, the fully nonlinear dynamics of the problem leads to slightly fewer fingers than this linear prediction.
Rereading Violence and Trauma in Post-Conflict Societies: Aminatta Forna’s Happiness
Authors: Cole Ernest
Published: September 2019

Happiness explores the themes of violence and trauma as one of its fundamental concerns. In this regard, the character and role of Dr. Attila Asare, a Ghanaian psychiatrist, is crucial to understanding Forna’s theorizations on trauma and advancement of a new hypothesis on its manifestations and possibilities of recovery. In laying the foundation for the articulation of his new theory of trauma, Attila gives us a window into violence in two different geographical settings: Bosnia in the winter of 1995 and Sierra Leone in 1995. It is significant that both wars occurred at about the same time and that they were both notorious for the nature and extent of the carnage that characterize them.
Recycling the Garbage Can: An Assessment of the Research Program
Authors: Bendor Jonathan , Moe Terry M. , Shotts Kenneth W.
Published: September 2019

The garbage can theory of organizational choice is one of the best-known innovations in modern organization theory. It also has significantly shaped a major branch of the new institutionalism. Yet, the theory has not received the systematic assessment that it both deserves and needs. We evaluate the early verbal theory and argue that it fails to create an adequate foundation for scientific progress. We then analyze and rerun Cohen, March, and Olsen’s computer model and discover that its agents move in lockstep patterns that are strikingly different from the spirit of the theory. Indeed, the simulation and the theory are incompatible. Next, we examine how the authors have built upon these incompatible formulations in developing the theory further. We assess this larger program, which includes the March-Olsen version of the new institutionalism, and find that many of the problems that attended the original article have intensified over time. We conclude that a fundamental overhaul is required if the theory is to realize its early promise.
Analyzing Incomplete Political Science Data: An Alternative Algorithm for Multiple Imputation
Authors: King Gary , Honaker James , Joseph Anne , Scheve Kenneth
Published: September 2019

We propose a remedy for the discrepancy between the way political scientists analyze data with missing values and the recommendations of the statistics community. Methodologists and statisticians agree that “multiple imputation” is a superior approach to the problem of missing data scattered through one’s explanatory and dependent variables than the methods currently used in applied data analysis. The discrepancy occurs because the computational algorithms used to apply the best multiple imputation models have been slow, difficult to implement, impossible to run with existing commercial statistical packages, and have demanded considerable expertise. We adapt an algorithm and use it to implement a general-purpose, multiple imputation model for missing data. This algorithm is considerably faster and easier to use than the leading method recommended in the statistics literature. We also quantify the risks of current missing data practices, illustrate how to use the new procedure, and evaluate this alternative through simulated data as well as actual empirical examples. Finally, we offer easy-to-use software that implements all methods discussed.
Virtue and the Making of Modern Liberalism. By Peter Berkowitz. Princeton, NJ: Princeton University Press, 1999. 235p. $27.95.
Authors: Grasso Kenneth L.
Published: September 2019

"For quite a while," Peter Berkowitz notes, "leading aca-
demic liberals and their best-known critics formed an unwit-
ting alliance, promulgating the view that liberal political
theory" ignores the whole subject of virtue and cultivation (p.
170). If that view is correct, this neglect not only would spawn
"fatal theoretical lacunae" (p. 4) but also would raise serious
doubts about liberalism's capacity to sustain the "qualities of
mind and character" (p. 172) required for "the operation and
maintenance" of "free and democratic institutions" (p. 6).
In recent years, however, a new generation of liberals have
challenged this widely held view. Thinkers such as William
Galston and Stephen Macedo acknowledge that liberal re-
gimes depend "upon a specific set of virtues," which "they do
not automatically produce" (pp. 27­8). Their work points
toward the "dependence" of liberal societies on "extraliberal
and nongovernmental sources of virtue" (p. 28), such as "the
family, religion and the array of associations in civil society"
(p. 6). Simultaneously, they insist that "limited government is
not the same as neutral government" (p. 173), and they affirm
"that the liberal state, within bounds, ought to pursue liberal
purposes" and, thus, "may, within limits, foster virtues" that
serve these purposes (p. xii).
The Environment: Between Theory and Practice. By Avner de-Shalit. Oxford: Oxford University Press, 2000. 238p. $60.00 cloth, $19.95 paper.
Authors: Dryzek John S.
Published: September 2019

Although there is a lot of it about, environmental philosophy
has so far had little influence on the world of environmental
politics and policy, avers de-Shalit in this fine contribution to
ecological political theory. In this assessment he is quite right.
As someone who believes there should be a role in public
discourse for the philosopher, de-Shalit seeks to provide a
remedy for this deficiency. Why should the rest of us care?
Thomas Jefferson and the Politics of Nature. Edited by Thomas S. Engeman. Notre Dame, IN: University of Notre Dame Press, 2000. 232p. $17.00 paper.
Authors: Ketcham Ralph
Published: September 2019

This volume offers, as its blurb asserts, "substantive discus-
sions of the key issues facing Jeffersonian scholars." Begin-
ning with Michael Zuckert's by now familiar argument that
Jefferson's thought is best understood as resting in a Lockean
natural rights framework, other able scholars more or less
take issue with this analysis by appealing both to Jefferson's
own writings and to the works of major interpreters of the
political thought of the founding era. The result is a serious
reconsideration of Jefferson's thought that takes up most of
the key themes raised by Louis Hartz and Bernard Bailyn
forty or more years ago over the place of the liberal tradition
in American thought. Veteran expositors of Jefferson's
thought in a more civic republican and Christian way, Jean
Yarbrough and Garrett Ward Sheldon, take issue with Zuck-
ert's Lockean, natural rights emphasis, upholding instead the
influences of Aristotelian, Kamesian, and Christian thought
on Jefferson. Though one cannot deny the strong Lockean
strand in Jefferson's thought, Yarbrough and Sheldon argue
persuasively for the strong presence of the other dimensions
as well. Zuckert's effort in his "Response" to claim that this
mixes without resolving conflicting philosophies, and thus, if
Yarbrough and Sheldon are right, leaves Jefferson hopelessly
inconsistent, misses Jefferson's brilliant blending of these
outlooks, all obviously present in his writings, into what might
be called a Jeffersonian republicanism.
Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review. By Keith E. Whittington. Lawrence: University Press of Kansas, 1999. 320p. $39.95.
Authors: Baer Judith A.
Published: September 2019

With friends like Edwin Meese and Robert Bork, "jurispru-
dence of original intent" (p. 3) needs no enemies. These
polemicists have so corrupted originalism by associating it
with reactionary ideology and partisan politics that, in Keith
Whittington's words, "the task now is to convince critics to
take [it] seriously again" (p. xii). Constitutional Interpretation
ably performs this task. Whittington's rescue of originalist
jurisprudence from its strangest bedfellows in itself is a major
contribution to the study of constitutional law. But, although
originalism has found a genuine friend, the book's powerful
argument against "dismissing originalism as an interpretive
method" (p. 162) does not constitute an affirmative defense.
Whittington's efforts to make this case are informative and
provocative, but they fail. This failure is traceable to serious
defects in both the structure and content of the book.
The Movers and the Shirkers: Representatives and Ideologues in the Senate. By Eric M. Uslaner. Ann Arbor: University of Michigan Press, 1999. 218p. $44.50.
Authors: Bianco William
Published: September 2019

The Movers and the Shirkers is a critique and extension of a
well-cited and important research program: attempts to
measure the degree to which legislators shirk, or advance
their own policy goals at the expense of those held by their
constituents. Such analyses (e.g., Joseph P. Kalt and Mark
Zupan, "Capture and Ideology in the Economic Theory of
Politics," American Economic Review 74 [June 1984]: 279­
300; John R. Lott, "Political Cheating," Public Choice 52
[1987]: 169­86) typically assume a principal-agent relation-
ship between constituents and elected representatives, and
they specify a regression analysis with roll-call behavior as a
left-hand side variable and various measures of constituency
interests and legislator ideology as right-hand side variables.
Previous work (John E. Jackson and John W. Kingdon,
"Ideology, Interest Groups, and Legislative Votes," American
Journal of Political Science 36 [August 1992]: 805­23) shows
that these analyses are bedeviled by measurement and esti-
mation issues. Eric Uslaner highlights a more fundamental
flaw: By ignoring important and well-understood mechanisms
that tie legislators to their constituents, these analyses as-
sume what should be tested.
Prosecuting War Crimes and Genocide: The Twentieth Century Experience. By Howard Ball. Lawrence: University of Kansas Press, 1999. 288p. $35.00.
Authors: Falk Richard
Published: September 2019

There is little doubt that an abiding feature of international
relations in the current period is the struggle to extend the
rule of law to crimes of state. The 1998 detention in Britain
of former Chilean dictator Augusto Pinochet, in response to
a request for extradition issued by a Spanish judge, gave
prominence to this quest. This development was further
reinforced by the campaign to establish a permanent inter-
national criminal court, which eventuated in a treaty signed
in Rome by about 120 countries two years ago and is on its
way to securing the 60 ratifications needed to bring it into
force. Organized international society is far from the end of
this journey; powerful governments, including our own, are
not ready to submit their citizens or leaders to international
procedures of accountability.
Warriors in Politics: Hindu Nationalism, Violence, and the Shiv Sena in India. By Sikata Banerjee. Boulder, CO: Westview Press, 2000. 207p. $62.00.
Authors: Baruah Sanjib
Published: September 2019

These two books are about two powerful regional political
forces in India-the Shiv Sena of Maharashtra (with a focus
on the city of Mumbai) and the Dravidianist parties of Tamil
Nadu. Many readers of this journal may know these places by
their older names: Mumbai is Bombay, and the state of Tamil
Nadu and its capital city were once known as Madras.
Both books, not coincidentally, have much to say about the
rise of Hindu nationalism in India, which is perhaps the most
dramatic change in the Indian political landscape in recent
years. That, indeed, is the central theme of Banerjee's book,
which investigates the Hindu-Muslim riots in Mumbai in
1993. Banerjee argues that the politics of Hindu nationalism
provides the context for the riots. In Mumbai, the major
political force articulating a Hindu nationalist agenda is the
Shiv Sena (literally, the warriors of Shivaji, a legendary
Maharastrian Hindu hero).
States and Power in Africa: Comparative Lessons in Authority and Control. By Jeffrey Herbst. Princeton, NJ: Princeton University Press, 2000. 280p. $55.00 cloth, $17.95 paper.
Authors: Rothchild Donald
Published: September 2019

In this important reappraisal of Africa's political evolution
over an extended period, Jeffrey Herbst engages in a dialogue
with scholars of comparative and African politics on the
causes of state weakness and the possibilities for state
redesign. Herbst argues that state consolidation in Africa has
been complicated by the problem of extending authority over
its distant territories. Low population densities have been a
long-standing obstacle encountered by precolonial, colonial,
and independent African rulers alike. It has proven expensive
for leaders at the political center to project power over
peoples and territories far from the capital city. As a result,
rural areas have been neglected, particularly by colonial
regimes, and urban areas have been favored in terms of
public services and amenities.
The Art of Comparative Politics. By Ruth Lane. Needham Heights, MA: Allyn and Bacon, 1997. 147p. $32.46.
Authors: Chilcote Ronald H.
Published: September 2019

In both these short volumes, Ruth Lane assumes an optimis-
tic stance, generally within the mainstream of political sci-
ence, and attempts to synthesize past and present trends in an
effort to show progress. She argues in The Art of Comparative
Politics that, despite the disparate approaches, real advances
have occurred within the field. Her interpretative essay
focuses on the recent history of the field, with an assessment
of the behavioral movement during the 1960s and subsequent
emphases on development, state, grassroots and peasant
politics, and the new institutionalism. In Political Science in
Theory and Practice she affirms that a core consensus has
appeared in the independent investigations of prominent
political scientists. Thus, a coherent working model of polit-
ical behavior guides political scientists to understand political
realities. She argues that this concrete model coincides with
scientific realism and the current understanding of a philos-
ophy of science.
Islam in Contemporary Egypt: Civil Society vs. the State. By Denis J. Sullivan and Sana Abed-Kotob. Boulder, CO: Lynne Rienner, 1999. 159p. $49.95.
Authors: Zubaida Sami
Published: September 2019

"Civil society" has become a key concept and a central quest
in the search for paths to democracy and liberty in many parts
of the world. This search has been particularly notable in
Egypt, where an increasingly totalitarian state has sought in
recent decades to project an image of democracy but at the
same time attack and undermine all potential bases of social
autonomy and political action. These are the central issues
discussed in this book. The picture is complicated by the
prominent part played by religious and religio-communal
politics on the Egyptian stage. Are Islamic associations and
forms of political action forces of civil society engaged in the
quest for social autonomies and liberation from authoritarian
strictures, or do they themselves add another tier of repres-
sion in the name of religious conformity and moral conduct?
RECONSTRUCTING THE ROMANESQUE CLOISTER OF NORWICH CATHEDRAL
Authors: Harris Roland B
Published: September 2019

Works to the south side of the Gothic cloister at Norwich Cathedral in 1900 produced a series of finely sculpted double-capitals, which have long been identified as deriving from the Romanesque predecessor that was progressively demolished and replaced in 1297–1430. Additional discoveries in 1900 included twelfth-century voussoirs and jamb stones, which probably came from one of the larger doorways – perhaps to the chapter house – that opened off the cloister. These fragments have attracted considerable interest since 1900, almost entirely focused on art historical analysis of the subjects, style and date of the historiated double-capitals. Discovery of further fragments from the Romanesque cloister during works to the easternmost bay of the south walk (Bay 15) in 2018, however, allows us to understand more of its architecture. Although lacking the impressiveness of the earlier finds, these newly revealed sculpted stones include voussoirs and a shaft from the cloister arcades, and allow reconstruction of the overall form of the twelfth-century cloister. Moreover, the discovery of the use of calc-sinter – a faux marble sourced from the Eifel aqueduct – for the shafts of the arcades reveals that the Romanesque cloister had a hitherto entirely unsuspected lavishness.
Vitamin A intakes remain higher among intervention participants 3 years after a biofortification intervention in Mozambique
Authors: de Brauw Alan , Moursi Mourad , Munhaua A. Bernardinho
Published: September 2019

The Reaching End Users (REU) project introduced orange sweet potatoes (OSP) to farmers in northern Mozambique between 2006 and 2009, and the associated cluster randomised control trial found increased vitamin A intake among targeted children and women of child-bearing age and reduced prevalence of inadequate vitamin A intake. Yet little is known about whether successful agricultural–nutrition interventions have lasting effects. This study measures the lasting effects of the REU project, 3 years after the project ended, on vitamin A intake. To do so, dietary intake data were collected in the same thirty-six villages as the original study, focusing on both women of child-bearing age and children under 6 years old, the latter including both children who had been measured before and younger children (under 3 years old) in the same farmer groups. The dietary intake is then converted to micronutrient intake to compare treated households with control households. Vitamin A intake remains higher in treated villages than in control villages among both children under 3 years old, who had not been born when the original intervention ended, and mothers of child-bearing age. Differences in vitamin A intake can wholly be attributed to differences in OSP intake. Therefore, the REU project appears to have had lasting impacts on vitamin A intake beyond the intervention period. Had the vine retention component been enhanced, lasting impacts could have been even larger.
Niacin nutrition and rumen-protected niacin supplementation in dairy cows: an updated review
Authors: Chen Juncai , Yang Zhenguo , Dong Guozhong
Published: September 2019

As the precursor to NAD+ and NADP+, niacin is important for catabolic and anabolic redox reactions. In addition, niacin is known for its anti-lipolytic action via a hydroxycarboxylic acid-2-receptor-dependent mechanism. The anti-lipolytic effects of traditional free niacin supplementation during transition periods had been studied extensively, but the reported effects are ambiguous. In the past decade, a series of studies were conducted to evaluate the effects of rumen-protected niacin (RPN) on production performance and metabolic status in early lactation and on heat stress in dairy cows. Feeding RPN seems more effective than free niacin regarding increasing circulating niacin concentration. The rebound of plasma NEFA was found after termination of niacin abomasal infusion. Feeding RPN or infusion of niacin via the abomasum could suppress lipolysis and reduce insulin resistance in early lactation. Additionally, RPN supplementation could possibly relieve heat stress through vasodilation during moderate to severe heat stress condition. However, these beneficial effects of niacin supplementation have not always been observed. The inconsistent results across studies may be related to dosages of niacin supplementation, rebound of plasma NEFA concentration, stage of lactation or severity of heat stress. Overall, the current review is to present updated information on niacin nutrition in dairy cows and the recommendations are given for future research.
A survey of bolus tube feeding prevalence and practice in adult patients requiring home enteral tube feeding
Authors: Hubbard Gary P. , Andrews Sophie , White Sean , Simpson Gary , Topen Sarah , Carnie Lindsay , Murphy Claire , Collins Rhian , Davies Judith , Owen Annalisa , Barker Julie , Green Lisa , Patel Ileen , Ridgway Joanne , Lenchner Jo , Faerber Julie , Pearce Lorna , Meanwell Hannah , Kominek Natalie , Stark Lucy , Best Heather , Simons Rebecca , Cross Tessa , Stratton Rebecca J.
Published: September 2019

Anecdotal evidence suggests the use of bolus tube feeding is increasing in the long-term home enteral tube feed (HETF) patients. A cross-sectional survey to assess the prevalence of bolus tube feeding and to characterise these patients was undertaken. Dietitians from ten centres across the UK collected data on all adult HETF patients on the dietetic caseload receiving bolus tube feeding (n 604, 60 % male, age 58 years). Demographic data, reasons for tube and bolus feeding, tube and equipment types, feeding method and patients’ complete tube feeding regimens were recorded. Over a third of patients receiving HETF used bolus feeding (37 %). Patients were long-term tube fed (4·1 years tube feeding, 3·5 years bolus tube feeding), living at home (71 %) and sedentary (70 %). The majority were head and neck cancer patients (22 %) who were significantly more active (79 %) and lived at home (97 %), while those with cerebral palsy (12 %) were typically younger (age 31 years) but sedentary (94 %). Most patients used bolus feeding as their sole feeding method (46 %), because it was quick and easy to use, as a top-up to oral diet or to mimic mealtimes. Importantly, oral nutritional supplements (ONS) were used for bolus feeding in 85 % of patients, with 51 % of these being compact-style ONS (2·4 kcal (10·0 kJ)/ml, 125 ml). This survey shows that bolus tube feeding is common among UK HETF patients, is used by a wide variety of patient groups and can be adapted to meet the needs of a variety of patients, clinical conditions, nutritional requirements and lifestyles.
EX TURPI CAUSA and mental disorder
Authors: Hopkins C.A.
Published: September 2019

IN September 1992 Christopher Clunis, who had a long history of mental disorder, was discharged from a hospital where he had been detained under section 3 of the Mental Health Act 1983. Under section 117 of that Act, it was the duty of his local Health Authority to arrange to provide after-care services for him until it was satisfied that he no longer needed them. After an interval of twelve weeks, during which he failed to attend three out-patient appointments and a mental health assessment arranged for him, Clunis launched an unprovoked and fatal knife attack on a total stranger, Jonathan Zito, at Finsbury Park tube station. Clunis was charged with murder, but a plea of guilty to manslaughter on the grounds of diminished responsibility was accepted, and the trial judge ordered his detention in a secure mental hospital. Clunis claimed damages for his incarceration from the Health Authority, arguing that it was in breach of a common law duty to treat him with professional care and skill, and that if it had acted more expeditiously he would either have been detained or consented to become a patient before the date of the attack and therefore would not have been able to commit it–in other words, that a timely brief period of hospitalisation would have saved him from an indeterminate but doubtless much longer period. The first instance judge refused to strike out the action, but a unanimous Court of Appeal allowed the Health Authority's appeal: Clunis v. Camden and Islington Health Authority [1998] 2 W.L.R. 902.
Alice and the judiciary–interpreting contracts
Authors: Fleming David
Published: September 2019

WHEN the discussion between Humpty Dumpty and Alice takes on the role of leading case and its interpretation becomes a matter of dispute between a Lord Justice of Appeal and a Lord of Appeal in Ordinary, then it might be thought that the academic lunatics have taken over the legal asylum.
Suing in Tort for Loss of Computer Data
Authors: Weston C. A. R.
Published: September 2019

Does the loss of computer data constitute damage to property for the purposes of an action in negligence, or is it pure economic loss? On the test in Hunter v. Canary Wharf Ltd. [1997] A.C. 655, if the loss of data is concomitant with a change in the configuration in the particles of the computer hardware by means of which the data are stored, the Courts are likely to find that damage to property has taken place. This is likely to have significant implications in the context of problems caused by the “millennium bug”. However, whatever may be the correct analysis of the nature of the loss, de minimis principles and considerations of fairness, justice and reasonableness may militate against the imposition of liability in tort, at least where the loss of data is negligently, rather than deliberately, caused.
The Emperor's Old Clauses: Unincorporated Clauses, Misleading Terms and the Unfair terms in Consumer Contracts Regulations
Authors: Macdonald Elizabeth
Published: September 2019

Consumers frequently do not know of their rights and are unwilling to litigate. The powers of the Director General of Fiar Trading under the Unfair Terms in Consumer Contracts Regulations 1994 will often provide more effective protection for the consumer than common law rules. The powers are pre-emptive and enable unfair terms to be removed from standard form contracts, so that consumers simply cease to encounter such terms. Some protection may be provided for consumers by common law rules which allow a finding that clauses are not incorporated or that they do not have the legal effect which they may appear to the consumer to have. However, without knowledge or a willingness to litigate, consumers may be misled by such clauses and terms as to the legal rights generated aand they will not then be able to enjoy their rights to the full. This article examines the extent to which the powers of the Director General can be used to protect consumers from such misleading clauses and terms. It considers the interaction of the Regulations and the common law, the scope of the Regulations, and the application of the Regulation's test of fairness.
Assignment, Equities, The Trident Beauty and Restitution
Authors: Tolhurst G. J.
Published: September 2019

Most of the academic discussion of the Trident Beauty has focused on its relevance to the law of restitution, in particular, restitution against third parties. This is understandable given the role restitution played in the judgments. Opinions have differed as to whether the House of Lords reached the correct result and this perhaps reflects the level of debate over what principles should govern restitutionary claims in this area. The restitutionary points were not, however, the beginning and end of the matter and some important issues of assignment have been marginalised in the wake of the restitutionary debate. The assignment of contractual rights is one part of the standard contract text that still defies analysis. However, the recent spate of difficult assignment related cases, evidencing its continued importance to commerce, as well as the near settlement of the modern rules of privity, suggest that the time is ripe to take it out of the too hard basket and put it on the agenda for the next decade. It is not, however, the aim of this paper to detail, much less resolve, every problem that exists within this area of the law. The much more modest aim here is to investigate the assignment issues raised by The Trident Beauty. The end result is that these issues resolve the restitutionary problem raised by the case if the suggested analysis is adopted. It is hoped that this paper will also show that this area of the law is simplified if there is a proper understanding of the relationship between the assignee and obligor and more time spent on construing the rights assigned to the assignee and the obligations of the obligor rather than taking refuge too quickly in phrases such as “the assignee takes subject to the equities” and “the assignee can be in no better position than the assignor”. This paper begins with a look at the decision in The Trident Beauty itself.
A Re-Examination of Ratification
Authors: Payne Jennifer
Published: September 2019

The issue of ratification is one whose “tentacles creep into every part of company law”. When a wrong has been done to the company, it is the mechanism which determines whether that wrong can be put right, and, if it can be, whether it will be; whether the wrongdoers ought to be released from their liability, and, ultimately, whether litigation can and will be commenced. That is a lot to ask of a single doctrine, and it is not, therefore, surprising to find that this topic has been described as being “singularly muddled”. The confusion has not been helped by the fact that the courts have often avoided tackling this difficult area head on, one judge going as far as to say “I do not think that it is necessary, nor do I feel competent to disentangle the many threads of principle in this tangled skein”. The Law Commission has also said that the “law on ratification is by no means clear” but has failed to tackle the complexities of the issue, stating that “[a]lthough there may be a need for modernising and simplifying the law of ratification, we are of the firm view that any changes need to be considered in the context of a comprehensive review of directors’ duties.” However, when recently given such an opportunity the Law Commission did not consider any changes to the law regarding ratification.
Interim Relief in the Public Law Context
Authors: Bamforth Nicholas
Published: September 2019

The remedial aspects of judicial review illustrate in particularly vivid form the divergent nature of public and private law proceedings. The prerogative orders–mandamus, certiorari and prohibition–are available only via judicial review. Leave is required for judicial review but not for private law actions. By contrast with the private law writ procedure, judicial review must be brought promptly and within three months. In judicial review, a remedy can still be denied to the applicant who establishes a substantive case. As the Law Commission made clear in its Report Administrative Law: Judicial Review and Statutory Appeals, “[j]udicial review often involves values and policy interests, which must be balanced against and may transcend the individual interests, which are normally the subject of litigation between private citizens” (Law Com. No. 226, para. 2.1).
Defamation, Qualified Privilege and the European Convention on Human Rights
Authors: Mullender Richard
Published: September 2019

Defamation law protects reputation while affording a significant measure of protection to freedom of expression. Valuable expressive activity is protected by, inter alia, a number of defences, including qualified privilege. In order successfully to invoke this defence, defendants who honestly believe their–factually false–statements to be true must meet two requirements. First, they must establish “an interest or a duty, legal, social, or moral”, to communicate the relevant material to another (or others). Secondly, the recipient of the material must be shown to have “a corresponding interest or duty to receive it”. (See Adam v. Ward [1917] A.C. 309, p. 334, per Lord Atkinson.) The requirements of the qualified privilege defence have recently been glossed by the Court of Appeal in Reynolds v. Times Newspapers and Others [1998] 3 W.L.R. 862 (which is on appeal to the House of Lords). While the Court can be regarded as having extended the defence's scope, the position it has staked out is not, in all respects, clear. As a result the qualified privilege defence may fail to meet the requirements of the right to freedom of expression enunciated in Article 10 of the European Convention on Human Rights (E.C.H.R.). (When the Human Rights Act 1998 comes into force, the E.C.H.R. will be an element of domestic law.)
The Aftermath of O'Brien: Carte Blanche for Banks, Cartes Jaunes for Solicitors?
Authors: Bridge Stuart
Published: September 2019

The decisions of the House of Lords in Barclays Bank plc v. O'Brien [1994] 1 A.C. 180 and CIBC Mortgages plc v. Pitt [1994] 1 A.C. 200 sought to balance the legitimate commercial interests of banks and other lenders against the rights of spouses (usually, and hereafter for purposes of exposition, wives) or cohabitees in residential property, where the wife had been induced to accede to the transaction by the borrower's undue influence, duress or misrepresentation. This balance, necessary, in Lord Browne-Wilkinson's words, so that “a law designed to protect the vulnerable does not render the matrimonial home unacceptable as security to financial institutions”, was largely to be achieved by application of the doctrine of notice. A wife could therefore successfully resist attempts to recover possession where the bank had actual, constructive or imputed notice of her equity to set its charge aside. Constructive (and imputed) notice begs two questions: when will a bank be put upon enquiry, and what level of enquiry will be reasonable? O'Brien indicated that a bank should warn the wife, in a personal interview, of the amount of potential liability she was undertaking, of the risks involved, and of the desirability of obtaining her own independent legal advice. Experience since O'Brien has shown a reluctance by banks to conduct personal interviews, which would, they feel, carry greater risks. The practice adopted has been to refuse to complete the loan transaction until the wife has in fact obtained independent legal advice, proof thereof being made by the production of a certificate to that effect to the lender. The eight conjoined appeals in Royal Bank of Scotland v. Etridge (No. 2) [1998] 4 All E.R. 705 consider, at great length, the meaning and significance of “independent legal advice” in this context, and its consequential impact on the enforceability of security by a bank. Rather like O'Brien, Etridge seeks to provide clear guidelines and to facilitate a workable banking practice so that the likelihood of litigation against banks is substantially reduced. Where O'Brien failed, Etridge may well succeed. At its most basic level, it is good news for banks, and very bad news for solicitors.
The Great Canadian Juice War
Authors: Freedman David
Published: September 2019

In the recent case of Cadbury Schweppes Inc. v. FBI Foods Inc. (1999) 167 D.L.R. (4th) 577, the Supreme Court of Canada considered the case of an action for breach of confidence involving “Clamato” juice (a mixture of clam broth and tomato juice). For the uninitiated, Clamato juice is mixed with vodka, oregano and Worcestershire sauce to become a “Bloody Caesar”, a drink popular with Canadians but apparently few others.
Chinese Walls
Authors: Petch Tolek
Published: September 2019

Under what circumstances may a solicitor or forensic accountant who has obtained confidential information from a client act against him? This question was considered by the House of Lords in H.R.H. Prince Jefri Bolkiah v. KPMG [1999] 2 W.L.R. 215, where the House reconsidered Rakusen v. Ellis, Munday&Clarke [1912] 1 Ch. 831 and found the criticisms, both academic and judicial, of the test laid down by the Court of Appeal to be well founded.
The “Essential Facilities” Doctrine in EC Competition Law
Authors: Albors-Llorens Albertina
Published: September 2019

In Oscar Bronner GmbH & Co. KG v. Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co. KG and others (Case C-7/97, [1999] 4 C.M.L.R. 112), the European Court of Justice has clarified the scope of the application of the “essential facilities” doctrine to EC competition law. The Commission defined an “essential facility” as a “facility or infrastructure without access to which competitors cannot provide services to their customers” (B&I Line plc v. Sealink Harbours Ltd., Commission Decision of 11 June 1992, [1992] 5 C.M.L.R. 255 at paragraph 41). Under the doctrine, a dominant undertaking that owns or controls such a facility and refuses, without an objective justification, to make it available to competitors–or makes it available on discriminatory terms–abuses its position of dominance.
Judicial Paternalism and Private Ordering on Divorce
Authors: Bridge Stuart
Published: September 2019

It is axiomatic that divorcing spouses cannot by agreement oust the jurisdiction of the court to award ancillary relief: Hyman v. Hyman [1929] A.C. 601. Finality can only be achieved by obtaining the sanction of the court in the form of a consent order, invoking a procedure which requires full disclosure of all material factors so that the court can exercise its own discretion on the basis of the information put before it: Matrimonial Causes Act 1973, s.33A; Livesey v. Jenkins [1985] A.C. 424. But out-of-court agreements made by the parties are not without significance. Far from it, they will be treated as a very important consideration should the court subsequently be asked by one of the parties to make an award of ancillary relief, and will not usually be departed from unless there are good and substantial grounds for concluding that injustice will be done by holding the parties to their terms: Edgar v. Edgar [1980] 1 W.L.R. 1410. Presumptive enforceability has been criticised as “the worst of both worlds”, as the parties must go to court to determine whether the agreement they have reached is legally binding: Pounds v. Pounds [1994] 1 F.L.R. 775, 791, per Hoffmann L.J. Either the agreement should bind, or it should be wholly disregarded.
Everybody Out
Authors: Spencer J.R.
Published: September 2019

The common law tradition strongly favours witnesses giving evidence in public. In the leading case of Scott v. Scott [1913] A.C. 417, the House of Lords ruled that at common law, even embarrassing evidence about sexual impotence in a nullity suit must be so given. Public justice is said to be essential to make sure that judges behave themselves and that witnesses tell the truth. For these two purely altruistic reasons, it is always staunchly defended by the media. In consequence, almost every statute passed to enable the judge to clear the court exempts the representatives of the press.
SOURCES FOR THE SOCIO-ECONOMIC STUDY OF RURAL MOROCCO
Authors: Ilahiane Hsaïn , Park Thomas K.
Published: September 2019

This paper explores the utility of 19th- and 20th-century taxation and court records as tools
for mapping the changing social topography of rural Morocco. Little serious work has been done
with such records to date, and it is hoped that this paper will encourage more researchers to use
this material.1 As a subset of the Moroccan official record, legal and tax records
obviously have an epistemological character differing from that of private correspondence and
even other administrative records. Yet in the post-modern era, it is obvious that this cannot be
simply reduced to the official record providing us with truth while private correspondence is a
mixture of fiction and possible truth. All sources need to be scrutinized both in the traditional
ways of the historian and, more generally, as reflecting social forces conceived broadly.
INA BAGHDIANTZ MCCABE, The Shah's Silk for Europe's Silver: The Eurasian Trade of the Julfa Armenians in Safavid Iran and India (1530–1750), Armenian Texts and Studies 15 (Philadelphia: University of Pennsylvania 1999). Pp. 436.
Authors: DALE STEPHEN FREDERIC , Park Thomas K.
Published: September 2019

It has long been recognized that Iranian silk constituted
the principal source of foreign exchange of the Safavid state in the reign of Shah [ayn]Abbas I
(1589–1629), and widely appreciated that Armenian merchants of New Julfa, Isfahan,
played a critical role in marketing Iranian silk both within the country and abroad. It is all the
more remarkable therefore to consider that Ina Baghdiantz McCabe has produced the first major
study of the Iranian Armenian community's business organization, their relationship with
the Safavid state, and the nature of their involvement in the production and marketing of Iranian
silk. Based on Armenian, English, French, and Persian sources, this well-illustrated publication in
the University of Pennsylvania's Armenian Texts and Studies series represents an ambitious
work of political economy. In it, Baghdiantz McCabe argues forcefully that the Armenians'
position reflected the implementation of systematic economic goals by Iranian monarchs; that
Armenians during the reign of Shah [ayn]Abbas I became part of the political elite; that Armenian
trade, far from being the work of itinerant peddlers, was directed by a highly organized, extremely
wealthy commercial elite; and that Armenian merchants operating within the Safavid system were
successful in excluding European companies from gaining significant influence in the Iranian silk
trade.
GERTRUDE BELL, The Hafez Poems of Gertrude Bell
(Bethesda, Md.: Iranbooks, 1995). Pp. 176.
Authors: LEWIS FRANK
Published: September 2019

Though Sir William Jones's captivating English version of a ghazal of Hafez, first
published in 1771, inspired many translators in the final years of the 18th and early years of the
19th century, none succeeded in producing a living, breathing body of Hafez's work in
English. Goethe, of course, lavished his admiration on Hafez in the West–Östliche Divan, and Ralph Waldo Emerson echoed and amplified this praise in America with a number of English translations of von Hammer-Purgstall's German renditions of Hafez. All this attention from trend- and style-setting literary figures did Hafez the favor of creating an interest in and a ready market for translations of his poems. At the same time, however, it burdened him with a literary reputation the expectations of which were difficult for translators to meet. Once FitzGerald's Rubaiyat of Omar Khayyam, perhaps the most successful English verse translation in history, demonstrated the possibility of creating a native English idiom for a poet such as Khayyam, readers' expectations for Hafez only intensified. Though a score of translators have tried their hand at Hafez, none has managed
anything more than a satisfactory result.
SHIREEN MAHDAVI, For God, Mammon, and Country (Boulder, Colo.: Westview Press, 1999). Pp. 304.
Authors: ZARINEBAF-SHAHR FARIBA
Published: September 2019

The social and economic history of the Qajar period has not received much attention from Iranian or Western scholars. The present book has partly filled this gap by focusing on the biography of a leading Iranian merchant and entrepreneur, Haj Muhammad Hasan Amin al-Zarb. It complements the few existing studies by Issawi (1971), Ashraf (1980), and Natiq (1992) on the economic history of 19th-century Iran. The author shows that the expansion of foreign trade in Iran benefited many native merchants, who successfully used their entrepreneurial skills, experience of the internal market conditions, and family networks to gain an important social and economic place during the 19th century. The Qajar ruler Nasir al-Din Shah encouraged and supported native merchants and provided them with important privileges and concessions. Many leading Iranian merchants, such as Amin al-Zarb, engaged in regional and international trade, set up family firms, and performed important banking functions for the state. Further, they used their capital to invest in manufacturing, mining, communication networks, and education. In the absence of an economic and political infrastructure and state support, their achievements were of limited success. Nevertheless, they left an important legacy of social and political engagement that continued to shape the course of Iranian history in the 20th century.