bluuebunny/crossref_metadata_2025 huggingface dataset:
Diabetes, Glycemic Control, and New-Onset Heart Failure in Patients With Stable Coronary Artery Disease
Authors: van Melle Joost P. , Bot Mariska , de Jonge Peter , de Boer Rudolf A. , van Veldhuisen Dirk J. , Whooley Mary A.
Published: August 2010

OBJECTIVE

Diabetes is a predictor of both coronary artery disease (CAD) and heart failure. It is unknown to what extent the association between diabetes and heart failure is influenced by other risk factors for heart failure.

RESEARCH DESIGN AND METHODS

We evaluated the association of diabetes and A1C with incident heart failure in outpatients with stable CAD and no history of heart failure (average follow-up 4.1 years).

RESULTS

Of 839 participants, 200 had diabetes (23.8%). Compared with patients who did not have diabetes, those with diabetes had an increased risk of heart failure (hazard ratio [HR] 2.17 [95% CI 1.37–3.44]). Adjustment for risk factors for CAD (age, sex, race, smoking, physical inactivity, obesity, blood pressure, and LDL cholesterol), interim myocardial infarction, and myocardial ischemia did not alter the strength of the association between diabetes and heart failure. After inclusion also of other risk factors for heart failure (left ventricular ejection fraction, diastolic dysfunction, and C-reactive protein) and medication use, diabetes remained an independent predictor of heart failure (HR 3.34 [95% CI 1.65–6.76]; P = 0.001). Each 1% increase in A1C concentration was associated with a 36% increased HR of heart failure hospitalization (HR 1.36 [95% CI 1.17–1.58]).

CONCLUSIONS

In patients with stable CAD who are free from heart failure at baseline, diabetes and glycemic control are independent risk factors for new-onset heart failure. The mechanisms by which diabetes and hyperglycemia lead to heart failure deserve further study, as the association is independent of baseline functional assessment of ischemia, systolic and diastolic function, and interim myocardial infarction.
Differences in Maternal Circulating Fatty Acid Composition and Dietary Fat Intake in Women With Gestational Diabetes Mellitus or Mild Gestational Hyperglycemia
Authors: Chen Xinhua , Scholl Theresa O. , Leskiw Maria , Savaille Juanito , Stein T. Peter
Published: August 2010

OBJECTIVE

We investigated the relationship between maternal circulating fatty acids (FAs) and dietary FA intake in pregnant women with gestational diabetes mellitus (GDM; n = 49), women with hyperglycemia less severe than GDM (impaired glucose challenge test [GCT] non-GDM; n = 80), and normal control subjects (n = 98).

RESEARCH DESIGN AND METHODS

A case-control design was nested within a prospective cohort of healthy pregnant women. Fasting concentrations of serum total FAs (enzymatic assay) and FA composition (gas chromatography–mass spectrometry) were determined at entry and the third trimester. Dietary fat intake data were obtained from 24-h recalls.

RESULTS

There was a graded increase among groups (control subjects, impaired GCT non-GDM, and GDM) during the third trimester for total FAs and individual FAs, including myristic, palmitic, palmitoleic, oleic, linoleic, linolenic, arachidonic, eicosapentaenoic, and docosahexaenoic acids (P for trend <0.03 to P < 0.001). Similar relationships were observed at entry in total FAs and for four FAs (myristic, palmitic, palmitoleic, and eicosapentaenoic acids). Women with impaired GCT non-GDM with BMI ≥25 kg/m2 had the highest levels of FAs at entry, whereas women with GDM with BMI ≥25 kg/m2 had the highest levels during the third trimester, and all grouped FAs were significantly different from lean women with impaired GCT non-GDM or control subjects (P < 0.05). Dietary intake of polyunsaturated FAs was decreased, but saturated FAs were increased in GDM compared with impaired GCT non-GDM or control subjects (P < 0.05).

CONCLUSIONS

Abnormalities in fat metabolism are present in both GDM and impaired GCT non-GDM women. Reducing pregravid weight and altering diet might prevent the associated elevation of circulating FAs.
Plasma 25-Hydroxyvitamin D Concentration and Risk of Incident Type 2 Diabetes in Women
Authors: Pittas Anastassios G. , Sun Qi , Manson Joann E. , Dawson-Hughes Bess , Hu Frank B.
Published: August 2010

OBJECTIVE

To determine the association between 25-hydroxyvitamin D (25-OHD) concentration and risk of incident type 2 diabetes.

RESEARCH DESIGN AND METHODS

In a nested case-control study conducted among 608 women with newly diagnosed type 2 diabetes and 559 control subjects in the Nurses' Health Study, we measured the association between baseline plasma 25-OHD concentration and risk of incident diabetes.

RESULTS

After adjusting for matching factors and diabetes risk factors, including BMI, higher levels of plasma 25-OHD were associated with a lower risk for type 2 diabetes. The odds ratio for incident type 2 diabetes in the top (median 25-OHD, 33.4 ng/ml) versus the bottom (median 25-OHD, 14.4 ng/ml) quartile was 0.52 (95% CI 0.33–0.83). The associations were consistent across subgroups of baseline BMI, age, and calcium intake.

CONCLUSIONS

Plasma 25-OHD concentration was associated with lower risk of incident type 2 diabetes in women.
Achilles Pain, Stiffness, and Muscle Power Deficits: Achilles Tendinitis
Authors: Carcia Christopher R. , Martin Robroy L. , Wukich Dane K.
Published: August 2010

The Orthopaedic Section of the American Physical Therapy Association presents this sixth set of clinical practice guidelines on Achilles pain, stiffness, and muscle power deficits that are characteristic of Achilles Tendinitis. These clinical practice guidelines are linked to the International Classification of Functioning, Disability, and Health (ICF). The purpose of these practice guidelines is to describe evidence-based orthopaedic physical therapy clinical practice and provide recommendations for (1) examination and diagnostic classification based on body functions and body structures, activity limitations, and participation restrictions, (2) interventions provided by physical therapists, (3) and assessment of outcome for common musculoskeletal disorders. J Orthop Sports Phys Ther 2010:40(9):A1–A26. doi:10.2519/jospt.2010.0305
Moderate impact of full‐term pregnancy on estimated peak oxygen uptake, physical activity and perceived health
Authors: Thorell Eva , Svärdsudd Kurt , Andersson Kjell , Kristiansson Per
Published: August 2010

Objective. To study the impact of pregnancy on estimated peak oxygen uptake (), physical activity and perceived health. Design. Prospective cohort study. Setting. Maternal health centers. Population. A cohort of pregnant women. Methods. Cycle ergometer test and questionnaires in early pregnancy and 5 months postpartum. Main outcome measures. , physical activity and perceived health. Results. Regular physical activity was reported by a successively lower proportion of women as pregnancy advanced but the proportion was regained postpartum. Despite this the difference between average absolute in early pregnancy and postpartum of 2.44 and 2.42 l/minute, respectively, was not significant. The adjusted absolute in early pregnancy successively increased with age to a maximum at 35 years, after which it decreased and among women of the same age the time between 8 and 12 weeks lowered the by 0.130 l/minute. With the Short Form 36 (SF‐36) questionnaire in early pregnancy the women scored their mean mental health to 72.0 and mean physical health to 79.7. At the postpartum appointment these scores were higher (p < 0.0001). Absolute and relative in early pregnancy were positively correlated to the variation of SF‐36′s mean physical health in early pregnancy (p < 0.0001) and postpartum (p < 0.0001). Conclusions. Pregnancy had a moderate influence on physical fitness and perceived health half a year postpartum despite less regular physical activity during pregnancy. in early pregnancy was positively correlated to perceived physical health.
Expression of cellular prion protein in the placentas of women with normal and preeclamptic pregnancies
Authors: Hwang Han Sung , Hwa Park Seung , Won Park Yong , Kwon Han Sung , Sohn In Sook
Published: August 2010

Objective. The aim of our study was to determine the difference of cellular prion protein (PrPC) expression in the placentas of women with normal and preeclamptic pregnancies. Design. Retrospective study using banked placental tissue samples. Setting. University hospital. Population. Twenty women with severe preeclampsia (preeclampsia group) and 20 gestational age‐matched normotensive women (normal group). Samples. Placental tissue from each woman collected at the time of cesarean section. Methods. Quantitative reverse transcription polymerase chain reaction (RT‐PCR), western blot analysis, and immunohistochemical and immunofluorescent staining for mRNA expression, quantification and tissue localization of PrPC in each placenta. Main outcome measures. Increased expression of PrPC in preeclamptic placenta. Results. Compared with the normal group, PrPC and its mRNA were highly expressed in preeclampsia (each, p < 0.001). In immunohistochemical and immunofluorescent staining, PrPC was present at the syncytiotrophoblast, cytotrophoblast, endothelial cell, stroma, and decidua of all placentas. When the PrPC immunoreactivity in each tissue was compared, PrPC in endothelial cell, stroma, and deciduas was weakly expressed, and there was no difference of its expression between two groups. But, the intensity of PrPC expression in syncytiotrophoblast and cytotrophoblast was much higher in preeclampsia than normal. Conclusions. The increased expression of PrPC in preeclamptic placenta may be a compensatory phenomenon for preeclampsia related conditions. Furthermore, this change in preeclamptic placenta may give an explanation for placental response to overcome the preeclamptic conditions.
Morbidity associated with failed vaginal birth after cesarean section
Authors: Oboro Victor , Adewunmi Adeniyi , Ande Anibaba , Olagbuji Biodun , Ezeanochie Michael , Oyeniran Ayodeji
Published: August 2010

We investigated morbidity and factors associated with failed vaginal birth after cesarean delivery (VBAC). In a retrospective cohort study maternal and neonatal outcomes of women who underwent VBAC in three Nigerian University Teaching Hospitals were reviewed. Univariate, followed by multivariate analyses, were conducted. VBAC was successful in 683 of 1,013 women (67.4%), whereas 330 (32.6%) had failed VBAC. Failed VBAC was associated with higher incidence of chorioamnionitis, postpartum hemorrhage, blood transfusion, uterine rupture, hysterectomy, and composite major neonatal morbidities. Younger age, lack of previous vaginal delivery, induction of labor and fetal weight >4,000 g were risk factors for failed VBAC. A majority of women who try VBAC achieve a vaginal delivery. Failed VBAC is associated with increased maternal and neonatal morbidity and is somewhat predictable.
An association between cytomegalovirus infection and pre‐eclampsia: a case–control study and data synthesis
Authors: Xie Fang , Hu Yuxiang , Magee Laura A. , Money Deborah M. , Patrick David M. , Krajden Mel , Thomas Eva , von Dadelszen Peter
Published: August 2010

Objective. Pre‐eclampsia shares several similarities with atherosclerotic heart disease. We explored whether, like atherosclerosis, there is a potential link between cytomegalovirus (CMV) infection and pre‐eclampsia. Design. CMV IgG, IgM and IgA antibodies were determined by enzyme‐linked immunosorbent assays in serums from pre‐eclampsia (n = 78), normotensive intrauterine growth restriction (nIUGR) (n = 30) and normal pregnancy controls (n = 109). Data were analyzed by chi‐squared, Kruskal–Wallis ANOVA and Mann–Whitney U‐tests. Further, we conducted a comprehensive review of published studies on the relation between CMV infection and pre‐eclampsia. Risk ratios (RRs) and 95% confidence interval (CI), according to CMV infection status, were calculated using Review Manager. Main outcome measures. Women with pre‐eclampsia had increased CMV IgG seropositivity compared with nIUGR (p < 0.01) and normal pregnancy controls (p < 0.01). In addition, CMV IgG antibody level was higher in pre‐eclampsia than normal pregnancy controls (p < 0.001). No difference was observed in CMV IgM or IgA among study groups. Data synthesis revealed that women with CMV infection were at higher risk in the development of pre‐eclampsia, compared with women without CMV infection. Combined results for six studies yielded a RR of 1.5 (95% CI 1.2–1.9). Conclusion. CMV infection seems to affect the occurrence of pre‐eclampsia. Evaluation of the relation between CMV infection and pre‐eclampsia may provide mechanistic insights into pre‐eclampsia‐related inflammation.
National perinatal audit, a feasible initiative for the Netherlands!? A validation study
Authors: van Diem Mariet , De Reu Paul , Eskes Martine , Brouwers Hens , Holleboom Cas , Slagter‐Roukema Tineke , Merkus Hans
Published: August 2010

Objective. To explore the feasibility of a national perinatal audit organization. Design. Validation study. Setting. Three regions in the Netherlands. Population. 228 cases of perinatal mortality. Methods. Narratives of perinatal mortality cases were assessed by a panel of representatives of all perinatal care provider groups. 123 cases were assessed twice. Consensus was defined as 75% agreement. For the chance corrected agreement Cohen's kappa statistic was used. Main outcome measures. Consensus and the chance corrected agreement on three cause of death classifications. The presence or absence of substandard factors (SSF) with the care provider, the organization of care and the relation of the SSF with perinatal death. Results. Consensus rates and chance corrected agreement for three cause of death classifications ranged from 92 to 96% and κ 0.87 to κ 0.93 (very good agreement), with comparable confidence intervals and similar values in the validation subset of 123 cases. On the presence of SSF at the level of the care provider consensus and chance corrected agreement was 68% and κ 0.53 (moderate), with comparable values in the subset of 123 cases. Consensus for the relation between SSF at the level of the care provider and perinatal death was 81.4% and κ 0.68 (good). Conclusion. Perinatal audit on a national level with relatively large audit groups with many different care providers is feasible.
Clinical findings, pain descriptions and physical complaints reported by women with post‐natal pregnancy‐related pelvic girdle pain
Authors: Nielsen Lars‐Lennart
Published: August 2010

The objective was to describe clinical findings and pain patterns following the provocation by activities of daily living (ADL) in women suffering from pregnancy‐related post‐natal pelvic pain 6–12 months after delivery. Forty‐one informants answered questionnaires regarding pain characteristics in respect to 14 different ADL. All informants had bilateral pain, and typically it was described as an aching pain in the areas of the posterior superior iliac spines and in the symphyseal region. Running was the most provocative activity, followed by domestic work and by activities involving pushing and pulling. Duration of the activity had a great impact on the tolerance for all activities, and for the majority of the women, menstruation and ovulation caused an exacerbation of the symptoms.
Effect of high parity on the occurrence of prediabetes: a cohort study
Authors: Al‐Farsi Yahya M. , Brooks Daniel R. , Werler Martha M. , Cabral Howard J. , Al‐Shafei Mohammed A. , Wallenburg Henk C.
Published: August 2010

Objective. To assess the effect of parity on the occurrence of prediabetes defined as an abnormal fasting plasma glucose (5.6–6.9 mmol/l), an abnormal 2‐hour oral glucose tolerance test (7.7–11.1 mmol/l), or both, before 12 weeks gestation or at least 6 weeks after delivery. Design. Retrospective cohort study. Setting. Nested on a community trial Delaying the Development of Diabetes Mellitus type 2 (AMAL study) in Oman. Population. 532 women with a total of 3,196 pregnancies. Methods. We conducted sets of Cox proportional hazard regression analyses: crude, age‐adjusted and full models which adjusted for maternal age, education, family income and year of delivery. Main outcome measures. Hazard ratio (HR) of the effect of parity on prediabetes. Results. We enumerated 258 cases of prediabetes over 8,529 person‐years of follow up. In the crude model, high parity (≥5) pregnancies carried a higher risk of prediabetes than low parity (<5) pregnancies (HR = 3.72; 95% CI = 2.80, 4.91), and the prediabetes incidence rate increased in a dose–response fashion over multiple categories of parity. In age‐only models, the association attenuated with control of the confounding effect of maternal age (HR = 1.05; 95% CI = 0.76, 1.45). Adjusting for other confounders in the full models yielded similar results to those adjusted for maternal age only. Conclusions. The apparent effect of parity on the occurrence of prediabetes is attributable to the confounding effect of maternal age rather than to high parity.
Unilateral renal agenesis and female genital tract pathologies
Authors: Acién Pedro , Acién Maribel
Published: August 2010

Objectives. To analyze the gynecological pathologies and extragenital anomalies associated with unilateral renal agenesis (URA) and the possible origin of these congenital anomalies. Design. Retrospective case–control study. Setting. University Hospital. Population. This study included 276 women with genitourinary malformations who had undergone hysterosalpingography (and/or laparoscopy) and pyelography with images available for review. Methods. There were 60 cases of women diagnosed with genital malformations and congenital URA and 216 control cases of women with genital tract malformations and both kidneys present. All cases were categorized according to an embryological–clinical classification and the type of Müllerian malformation (American Society for Reproductive Medicine (ASRM) classification) and then compared by type for the presence of gynecological and extragenital pathologies. Main outcome measures. Genital malformations, endometriosis, leiomyomas and skeletal anomalies. Results. URA was generally associated with either agenesis of all of the derivatives of the urogenital ridge on the same side of the body, which were usually found on the left, or distal mesonephric anomalies such as a double uterus with a blind hemivagina or unilateral cervico‐vaginal atresia, which were most frequently on the right. The uterine malformations that were most commonly seen in women with renal agenesis were bicornis‐bicollis, didelphys and unicornuate uteri. Women with bicornuate or didelphys uteri and renal agenesis had more gynecological pathologies, such as endometriosis, than those with both kidneys present. Conclusions. URA and major uterine malformations are frequently related, and individuals with bicornuate or didelphys uteri have endometriosis more often than those without renal agenesis. Those malformations that seem to be caused by the absence or anomaly of a mesonephric duct lead to renal agenesis, ipsilateral vaginal anomalies (blind or atretic hemivagina) and failure of the induction function of the Wolffian ducts on the Müllerian ducts, causing uterine malformations.
The frequency of diagnostic errors in radiologic reports depends on the patient's age
Authors: Diaz Sandra , Ekberg Olle
Published: August 2010

Background: Patients who undergo treatment may suffer preventable medical errors. Some of these errors are due to diagnostic imaging procedures.

Purpose: To compare the frequency of diagnostic errors in different age groups in an urban European population.

Material and Methods: A total of 19 129 reported radiologic examinations were included. During a 6-month period, the analyzed age groups were: children (aged 0–9 years), adults (40–49 years), and elderly (86–95 years).

Results: The frequency of radiologic examinations per year was 0.3 in children, 0.6 in adults, and 1.1 in elderly. Significant errors were significantly more frequent in the elderly (1.7%) and children (1.4%) compared with adults (0.8%). There were 60 false-positive reports and 232 false-negative reports. Most errors were made by staff radiologists after hours when they reported on examinations outside their area of expertise.

Conclusion: Diagnostic errors are more frequent in children and the elderly compared with middle-aged adults.
Increased transcutaneous oxygen pressure is an indicator of revascularization after peripheral transluminal angioplasty
Authors: Pardo Manuel , Alcaraz Miguel , Breijo Francisco Ramón , Bernal Fernando Luis , Felices Jose Manuel , Canteras Manuel
Published: August 2010

Background: In recent years, the use of peripheral transluminal angioplasty (PTA) procedures for revascularization of an ischemic limb has increased. Evaluation of reperfusion has been carried out by Doppler scan; however, a successful PTA does not necessarily result in improved oxygen delivery to the distal parts of the limb.

Purpose: To evaluate the efficacy of the revascularization in diabetic patients with critical limb ischemia after treatment with PTA by comparing transcutaneous oxygen tension (TcpO2) with the ankle-brachial index (ABI) post PTA.

Material and Methods: This prospective study included 151 consecutive diabetic patients. We evaluated the posterior tibial and dorsalis pedis Doppler, ABI, TcpO2, and duplex scan results. If two of these four examinations were abnormal, arteriography was carried out and PTA was performed concomitantly. At least 64 patients were considered suitable candidates for PTA.

Results: The ABI increased from 0.67±0.25 to 0.84±0.25 following PTA ( P<0.001). TcpO2 increased from 27.20±11.10 mm Hg to 40±12.10 mm Hg after PTA ( P<0.001). While the TcpO2 could be measured in all patients, the ABI was not measurable in 25.37% pretreatment and in 17.91% post treatment. Statistical analysis revealed a scant correlation between the techniques used: TcpO2 and ABI ( P=0.20).

Conclusion: Our study confirms that the increase in TcpO2 in diabetic patients following PTA points to the physiologic significance of microvascular revascularization achieved in the treated limb and serves to assess functional improvement in tissue oxygenation obtained by PTA. The use of TcpO2 may represent an alternative to traditional assessment of peripheral transluminal angioplasty results.
Legislative Reform of Remedies for Breach of Contract: The English Perspective
Authors: Burrows Andrew
Published: August 2010

This paper,first delivered on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach ofcontract, is an examination ofthose areas ofremediesfor breach ofcontract that are, or have been, the subject of review by the English Law Commission. The following topics are addressed: aggravated, exemplary and restitutionary damages; contributory negligence as a defence to breach ofcontract; interest on late payment of contractual debts; damages in contracts for the benefit of third parties; penalty clauses; and limitation periods. In addition some comments are made on remoteness ofdamage. It is concluded that there should not be a codification ofthe law in this area, although there is room for incremental reforms.
The Punitive Society: Penology, Criminology and the History of the Present
Authors: Garland David
Published: August 2010

This paper, which is a reworked version of the inaugural lecture of the Chair of Penology delivered on 24 May 1995 at the University of Edinburgh, sets out an account ofthe relationship between penology and criminology which reverses the conventional understanding ofthe relationship between these two disciplines. Instead ofviewing penology as an applied sub-discipline of criminology, it is argued that criminological ideas should be viewed as part of the object ofstudy of penological research, insofar as criminology comes to function within penal practices. This conception of penology is illustrated by an analytical account of contemporary penal policies and the role of criminological ideas within them. The analysis suggests that the character of recent crime control policy is not so much punitive as ambivalent. The social fact of high crime rates, together with the increasingly recognised limits of state action as a means of governing crime, have created a new predicament for policy makers and for politicians. The article identifies adaptive strategies and strategies of denial, as well as the different criminologies that accompany them, and outlines a Durkheimian account ofsocial development that situates these developments sociologically.
Reform of the German Law of Breach of Contract
Authors: Lorenz Werner
Published: August 2010

This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.
The Restitutionary Conditional Transfer Analysis and the Death of Contract
Authors: Jaffey Peter
Published: August 2010

There is an important distinction in the law of restitution between a claim for restitution for unjust enrichment by subtraction, where the plaintiff has made a transferto the defendant that is non-voluntary, and a claim under the benefit principle for reasonable paymentfor a benefit conferred. The benefit principle has a limited scope ofapplication, because generally payment for benefits conferred is governed by the law of contract. The restitutionary conditional transfer analysis, by mischaracterising a transfer made subject to a condition as an example ofsubtractive restitution, and treating performance ofa contract as a conditional transfer, has the perverse effect ofimporting the benefit principle into contract law. This subverts the remedial rules ofcontract law by allowing the court to assess a reasonable payment for work done rather than relying on the contract to determine the appropriate liability. The claims on contractual termination that are regarded as restitutionary— the quantum meruit for work done and the claim for repayment of a pre-payment— can be explained without reference to the conditional transfer theory. The claim for repayment of a pre-payment should be limited to cases of complete failure of consideration, which should be understood to mean complete absence ofreliance by the defendant on the contract, not complete absence ofbenefit to the plaintiff.
Negligence and the Liability of Public Authorities
Authors: Mason Anthony
Published: August 2010

This is a revised version ofthe third WA Wilson Memorial Lecture, delivered in the New Senate Hall ofthe University of Edinburgh on 8 May 1997. Traditionally the liability ofpublic authorities has been treated as a matter ofprivate law. The difficulty experienced by the courts in formulating viable principles governing liability for a negligent omission to exercise a power intended to be exercisedfor the protection of the public has led to an increased emphasis on the statutoryframework. This emphasis has resulted in a reluctance to uphold liability in cases where an authority is exercising discretionary power, culminating in the recent decision of the House of Lords in Stovin v Wise. This article examines Stovin v Wise in the light of earlier decisions, and suggests that the decision protects the public authority rather than the public in circumstances where there is much to be saidfor the view that, notwithstanding the public law distinction between a power and a duty, a public authority may be liable for an omission to take action to protect the public.
“Kenning be Kenning and Course be Course”: Maritime Jurimetrics in Scotland and Northern Europe 1400—1600
Authors: Forte ADM
Published: August 2010

This article explores thejurimetric significance ofa phrase orformula, “kenning be kenning and course be course”, used in maritime law texts and disputes in late medieval and early modern Scotland and England. On open sea voyages, knowing one's position and using that knowledge to plot the next stage of the trip depended, not only on topographical knowledge ofcoasts and theirfeatures, but also on knowledge ofthe “kennings” (sightings, or the distances between two visible points of coastal topography) encountered on coastal voyages or at the end ofa sea-going passage, as well as knowledge ofthe “courses” to be sailed in the latter case. Knowing howfar a vessel had travelled was also crucial in actionsfor payment offreight pro rata itineris orfor payment of wages. The several versions of the Judgments of the Sea used in northern Europe stated what the law was in such disputes, but the remedies given were dependent on a calculation ofdistance in either kennings or courses. The Scottish contextfor this practice is explored in detail.
Abuse of Rights in Scots Law
Authors: Reid Elspeth
Published: August 2010

Abuse of rights has recently achieved growing recognition in many of the mixed legal systems, but in Scotland, where the restricted doctrine of aemulatio vicini has long been accepted, it has been largely ignored. This article explores the applications of abuse of rights in France, Quebec, Louisiana and South Africa, and considers the reasons for its rejection in England. It also questions whether aemulatio vicini may provide a sufficient foundation for a general doctrine of abuse of rights in Scots law.
Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I
Authors: Cairns John W
Published: August 2010

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.
Some Observations on the Taxonomy of Unjustified Enrichment in Scots Law
Authors: Evans-Jones Robin , Hellwege Phillip
Published: August 2010

This article examines the basis for Stair's classification of obediential obligations into restitution, recompense and reparation. It then provides an overview of how this classification was developed by the institutional writers who followed Stair. The development has resulted in the expression of the law of unjustified enrichment in terms of restitution, repetition and recompense (the three “Rs”). It will be suggested that the nature of this classification has been misunderstood by modern scholars. It will be shown how, when properly understood, the classification creates no obstacle to a unitary treatment of causes of action arising within a body of law called “unjustified enrichment”. How certain central aspects of the Scots law of unjustified enrichment should be organised is also considered.
Debatable Land: An Essay on the Relationship Between English and Scottish Criminal Law
Authors: Farmer Lindsay
Published: August 2010

This article proposes that a better understanding of the identity of Scots criminallaw can be developed through an analysis of the similarities between English and Scots law rather than by concentrating on the differences. It argues that historically there are striking similarities between the two laws which have been overlooked or ignoredfor various reasons. It goes on to argue that many ofthe current differences between the two laws can be explained in terms of contemporary academic and institutional conditions, and that these offer a betterfoundation on which to construct a principled theoretical understanding of Scots criminal law.
Stewardship: From Rhetoric to Reality
Authors: Skene Donna W McKenzie , Rowan-Robinson Jeremy , Paisley Roderick , Cusine Douglas J
Published: August 2010

Land reform is currently an issue of great importance in Scotland. The Scottish Law Commission has issued a Discussion Paper on Real Burdens and its Report on Abolition of the Feudal System. The Government has indicated that it intends to bring before the Scottish Parliament legislation implementing that report and also legislation on access, the introduction of National Parks in Scotland and the reform of Sites of Special Scientific Interest. The Land Reform Policy Group submitted its final proposals on rural land reform in January 1999 and recommended wide-ranging reforms. An important part of the land reform debate concerns greater recognition of the public interest. One way in which it has been suggested the public interest could be secured is through a redefinition of private rights of ownership and the imposition of an obligation of stewardship on those who own, occupy or otherwise manage land. This article considers briefly the form which such an obligation of stewardship might take, and examines the possible mechanisms by which any such obligation could be incorporated into Scots law and the effectiveness of these possible mechanisms in securing the public interest. It concludes that if the rhetoric of stewardship is to be made into a reality, this can only be achieved by altering the nature of landownership itself.
The Publicness of Private Land Use Controls
Authors: Alexander Gregory S
Published: August 2010

Real burdens, or land-use “servitudes” as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, however, the very fact that residential community associations perform many of the same public functions as municipalities creates certain tensions between these associations and the neighbouring municipalities. A fair and equitable resolution of these tensions requires that residential community associations be characterised as quasi-public for the purpose of legal regulation. To date, that view has been impeded by the fact that they are created through private land-use controls. For residential community associations to fulfill their potential to reinvigorate both civil society and the public sphere, they must be viewed for legal purposes as quasi-public, owing certain obligations to the society outside their boundaries.
Perchance to Dream
Authors: Daube David
Published: August 2010

In Hebrew, “to have intercourse” is not among the meanings of “to sleep”. It is in Egyptian, from pre-Old Testament times. It is not in the Iliad but is in the Odyssey— and very much so in the Septuagint. And it is in Latin from the middle of the last century BC—ready for the Vulgate.
Legal Change in a Codified System: Recent Developments in Germany Suretyship Law
Authors: Habersack Mathias , Zimmermann Reinhard
Published: August 2010

Until recently, the German courts did not regard the contract of suretyship as subject to the precepts of commutative justice. This attitude prevailed even when the contract was unduly burdensome for the surety. A startling decision of the Federal Constitutional Court from October 1993 has changed the legal position. It enjoined the civil courts, when applying the general provisions of the BGB (such as the “contra bonos mores” clause), to pay due attention to the guarantee of the autonomy of private individuals, as enshrined in art 2 I of the Basic Law. Such autonomy is not always consistent with unrestricted freedom of contract. The civil courts are thus bound to intervene in unusually burdensome contracts where there is inequality of bargaining power. The present article analyses the general background and the consequences of this decision. It examines the way in which the Federal Supreme Court now deals with contracts of suretyship by close family members. Moreover, it draws attention to significant changes in judicial attitude concerning two related problems which have also resulted in increased protection of the surety: the tightening up of the judicial control of so-called declarations of purpose; and the stricter attitude adopted by the Federal Supreme Court towards the form requirement for suretyship contracts prescribed by the BGB.
No Consent: A Historical Critique of the Actus Reus of Rape
Authors: Tadros Victor
Published: August 2010

In modern Scots law, as in English law,force is not a necessary part of the actus reus of rape so long as the victim remained unwilling throughout (although the case of the insensible victim is excluded). It is argued that this leads to an inadequate construction ofthe offence ofrape and ofthe role ofwomen in sexual relationships. An alternative and preferable formulation would be based, around the idea of the victim's will being overcome, or the victim not having a fair opportunity to exercise her will.
Pinochet and the House of Lords: A turning point in international human rights law?
Authors: Middleton Kirsty , Mackarel Mark
Published: August 2010

In future those who commit atrocities against civilian populations must expect to be called to account if fundamental human rights are to be properly protected. In this context, the exalted rank of the accused can afford no defence. (Ex parte Pinochet ligarte ( No 3) [1999] 2 All ER 97 at 180, per Lord Millett)
Scots Law: Mixed from the Very Beginning? A Tale of Two Receptions
Authors: Sellar WDH
Published: August 2010

This article is the revised text of the lecture delivered to the Stair Society at its Annual General Meeting in November 1997. It defends the proposition that Scots law, from the time of its emergence in the Middle Ages, has been a “mixed” system, open to the influence of both the English Common Law and the Civilian tradition. It also compares and contrasts the Reception of the Anglo-Norman law with that of Roman law. The former was quite specific as regards both time and substantive legal content. The Reception of Roman law, on the other hand, took place over a considerable period of time, and its effects were complex and diffuse. Above all, the Civilian tradition and the wider ius commune provided an intellectual framework against which to measure Scots law. Both Receptions exercised a profound influence on the continuing development of Scots law.
Sequestration and the Spes Successionis
Authors: McBryde William W , Gretton George L
Published: August 2010

Practical and theoretical problems arise from the vesting in a permanent trustee in sequestration of legal rights, rights under a will and rights under an established trust. This article considers the meaning of s 31(5) of the Bankruptcy (Scotland) Act 1985, particularly in the context of what happens after a debtor has been discharged. The various arguments are analysed in detail, with a consideration of the history and policy of the law. Although the authors differ on what the current law is, they both conclude that reform is necessary.
Law Out of Context
Authors: Watson Alan
Published: August 2010

Law is out of context much of the time, even perhaps most of the time. A society makes law: the society changes, politically or economically, hut the law remains the same or little changed. Often this has astonishing consequences. This paper takes a number of striking examples that have been generally unremarked or underemphasised to indicate some of the dimensions of the problem of the relationship between law and society. Justinian's Digest and Institutes provide numerous instances, while classical Roman jurists never present law as it was in reality and Roman rhetoricians present legal arguments without law. Modern South African cases on delict often proceed on arguments drawn from the Roman lex Aquilia of 287 BC, though it is accepted on all sides that the basic principles of that law had been rejected very much earlier. German law professors in the nineteenth century present German law for a modernised industrial state on the basis of an interpretation of misinterpreted Roman law. Today's American law professors present American law as it never was, is not, and never will be. What is startling about these arguments and conclusions is that the legislators, judges, legal writers and law professors had, and have, no intention to deceive or mislead.
What is so special about being a fiduciary?
Authors: Hood Parker
Published: August 2010

The fiduciary label is not infrequently used. However, there has been little discussion of what it entails in Scots law, and what the consequences are of a party acting in breach of fiduciary duty. A fiduciary owes a duty of “loyalty” to his principal, which is a higher standard of conduct than a party in an “arm's length” transaction. This has the consequence that the remedies for breach of fiduciary duty are more severe. A fiduciary in breach of duty can be required to disgorge gains made as a result of that breach via a constructive trust and/or an account of profits. The constructive trust has, at times, received a somewhat hostile reception in Scots law, on two grounds. First, that it does not fit logically into the overall scheme of Scots law—being a creature of English law's Equity. Second, that it gives the beneficiary of such a trust an unfair priority in the fiduciary's insolvency, to the detriment of other creditors. However, as the constructive trust is a remedy to redress the unjustified enrichment of a fiduciary in breach of duty, its proper ‘home”, in Scots law, is the “enrichment family”, and not trusts. Moreover, by confining the constructive trust to breaches of fiduciary duty involving trust property, its impact on third parties will be reduced.
The Role of Concordats in the New Governance of Britain: Taking Subsidiarity Seriously?
Authors: Scott Andrew
Published: August 2010

Devolution has changed fundamentally the system of governance within the UK The devolution of legislative and administrative competencies over a wide range of policies to Scotland and Wales necessitated the introduction of arrangements for policy co-operation and co-ordination involving UK Government and the devolved administrations. These arrangements are set out in concordats. This article considers why the concordats were necessary, and analyses their role as devices for maintaining coherence in, and legitinuicy of, UK governance in the face of the challenges raised by devolution. It then extends the analysis of concordats to an examination of the role that sub-national authorities generally might play in multi-level governance systems. It does so by concentrating on the subsidiarity debate in EU governance, and considers whether this concept can be applied to inform the structure of policy assignment in that multi-level governance system. The lessons gleaned from a study of UK devolution suggest that subsidiarity, while a potentially useful framework for assigning powers between national and supranational levels within a trans-national governance system, has little relevance when applied to the role of sub-national governance in trans-national systems.
Breach of the Peace and the European Convention on Human Rights
Authors: Ferguson Pamela R
Published: August 2010

The enactment of the Human Rights Act 1998 necessitates a reassessment of fundamental common law crimes. This paper describes one of the most commonly prosecuted of crimes, namely “breach of the peace”, and argues that it is not defined with sufficient precision to conform to the requirements of the European Convention on Human Rights.
European Private Law: Moving From a Closed to an Open System of Proprietary Rights
Authors: Dalhuisen J H
Published: August 2010

This article considers the denationalisation ofprivate law across both Civil Law and Common Lawjurisdictions in Europe. It looks in particular at systems ofproprietary rights and the demands currently placedupon them by commercial logic and practice. As the basic tenets ofownership are reformulated at transnational level in respect of commerce, trade, andfinance, greaterflexibility may be required of the Civil Law. In this connection, the conditional and temporary ownership notions offered by both the Civil and the Common Law may make a contribution to the development ofthe modern Lex Mercatoria.
Constitutional Reform and Human Rights: Unfinished Business?
Authors: Ewing K D
Published: August 2010

This article is a revised and updated text of the W A Wilson Memorial Lecture delivered at the University of Edinburgh on 2 May 2000. It considers some of the issues posed by the extensive constitutional changes which have occurred since the general election in 1997. In particular, arguments are made in favour of elevating social rights to the status of constitutional rights. These arguments are set against the reluctance of successive governments to embrace international human rights instruments, and to meet commitments to which they have subscribed. The article then focuses upon the legal methods by which the elevated constitutional status of social rights can be secured, first a domestic initiative based on the Human Rights Act 1998, and second an initiative of the EUfor a comprehensive European Bill of Rights.
Insanity and the Capacity for Criminal Responsibility
Authors: Tadros Victor
Published: August 2010

There are two different ways in which the insanity defence could he constructed. These relate to different ways in which the insanity defence might question the responsibility of the accused. Either the defence might show that the act in question was not performed in the appropriate way (that the accused lacks attribution-responsibility) or it might show that the agent was not an appropriate subject for criminal responsibility (that he or she lacks capacity-responsibility). Sometimes it is thought that these possibilities collapse into each other: it is only those that cannot perform their acts in the appropriate way that lack the capacity to be criminally responsible. This essay shows three things: first, that Scots criminal law, at least since the nineteenth century, is in a state of confusion between a capacity-responsibility conception of the defence and an attribution-responsibility conception. Second, that capacity-responsibility does not collapse into attribution-responsibility: there are some agents who are capable of forming mens rea but who ought not to be made criminally responsible due to their mental disorder. Third, that a sophisticated account of the capacity-responsibility conception can provide a version of the insanity defence that is both theoretically more elegant and practically more advantageous than the attribution-responsibility conception that has found favour in England and in some Scots decisions.