bluuebunny/crossref_metadata_2025 huggingface dataset:
Bilateral Wilms tumors: Treatment results from a single center
Authors: Aydın Burça , Büyükpamukçu Münevver , Kurucu Nilgün , Varan Ali , Yıldız Ferah , Akçören Zuhal , Oğuz Berna , Ekinci Saniye , Yalçın Bilgehan , Akyüz Canan , Kutluk Tezer
Published: September 2019

The management of bilateral Wilms tumor (BWT) is challenging, particularly due to its presentation at a younger age, rarity, and difficulty for treatment decisions and surgical evaluation comparing to unilateral WT. In this study, the outcome of BWT patients from a single center who were treated by the Turkish Pediatric Oncology Group (TPOG) Wilms Tumor Regimen were retrospectively reviewed. From 1990 to 2016, 30 patients with synchronous BWT were treated with a preoperative chemotherapy of vincristine and actinomycin-D (VA). Chemotherapy was continued until safe nephron sparing surgery (NSS) could be performed for as long as radiological tumor response continued; otherwise, the chemotherapy was intensified by adding doxorubicin (D) alternating with VA every 6 weeks. The median followup of patients was 59 months (4-297 months). The median duration of preoperative chemotherapy was 81 days and ranged between 14 days and 198 days. Preoperative chemotherapy was modified in seven patients (23%) to the VAD regimen. Twenty-two patients (73%) had a radical nephrectomy on the larger tumor and NSS on the contralateral kidney, and 6 patients (20%) had bilateral NSS. Postoperative tumor stages for stage I, II and III were 60%, 22% and 14%, respectively. The 5-year event free survival (EFS) rates were 100%, 90% and 51% for stages I, II and III (p=0.02), respectively. Unfavorable histology and nephrogenic rests were reported in 20% and 20% of patients, respectively. The 5-year overall survival (OS) and EFS rates were 50% and 25%, respectively, in patients with anaplasia, while the same rates were 96% and 96% in patients with favorable histology tumors (p=0.05 and p < 0.001). The 10-year EFS and OS rates for all patients were 82% and 86%, respectively. Our results are comparable with the literature. VA is effective as initial preoperative treatment of BWT and allows for safe resection.
Body mass index is decreased in children and adolescents with postural tachycardia syndrome
Authors: Lin Jing , Zhao Huacai , Ma Lei , Jiao Fuyong
Published: September 2019

Our intent was to explore the predictive value of body mass index (BMI) in differentiating between vasovagal syncope (VVS) and postural tachycardia syndrome (POTS) in children and adolescents. A total of 111 children and adolescents with POTS and 154 children and adolescents with VVS were included in our study. The control group included 82 healthy children and adolescents. Height and weight were measured in all participants. The headup tilt test was performed in participants in all groups (POTS, VVS, and control). BMI was significantly lower in children and adolescents with POTS (18.3±3.4) than in children and adolescents with VVS (20.3±4.2) and the control group (20.5±2.9). The receiver operating characteristic curve was performed to determine the predictive value of BMI differentiation between POTS and VVS and showed that a BMI of 19.30 was the cutoff value for the probability of distinction. However, the results (BMI of 19.30) produced unsatisfactory sensitivity (57.1%) and specificity (28.8%) rates of correctly discriminating between patients with POTS and patients with VVS. Children and adolescents with POTS have a lower BMI compared with healthy peers or children and adolescents with VVS.
Pulmonary complications following hematopoietic stem cell transplantation in children
Authors: Çıkı Kısmet , Doğru Deniz , Kuşkonmaz Barış , Emiralioğlu Nagehan , Yalçın Ebru , Özçelik Uğur , Uçkan-Çetinkaya Duygu , Kiper Nural
Published: September 2019

Pediatric data about early or long-term pulmonary complications of hematopoietic stem cell transplantation (HSCT) are limited. Here we aimed to evaluate children who were treated with HSCT in the last 10 years and developed pulmonary complications following HSCT and to determine their risk factors associated with pulmonary complications. In this retrospective study, we evaluated 195 patients for the development of pulmonary complications after HSCT within a 10 years of period. Pulmonary complications developed in 71 (36.4%) patients. Of the 71 patients who had pulmonary complications, 60 had one pulmonary complication, 11 had two pulmonary complications. Pulmonary complications were diagnosed as early in 42 (51.2%) and late in 40 (48.8%) episodes. Pulmonary complications were infectious in 28 (34.1%), noninfectious in 20 (24.4%) and both infectious and nonfectious in 34 (41.5%) episodes. Pulmonary complications developed significantly more frequently in patients with malignancy, congenital immune deficiency and with at least one pulmonary disease before HSCT. The number of patients who had myeloablative conditioning regimen was significantly higher in the group of patients without pulmonary complications than the group with pulmonary complications. However, in multivariate analysis, none of these variables were shown to be effective in predicting pulmonary complications after HSCT (p > 0.05). During follow up, 54 (65.8%) episodes recovered, 20 (24.3%) episodes resulted with death due to pulmonary complications, 6 (7.3%) episodes had chronic pulmonary disease (bronchiolitis obliterans (BO) and bronchiolitis obliterans organizing pneumonia (BOOP)); 2 patients (each patient with one episode) were lost to follow up. In conclusion; identifying children who are at risk for severe pulmonary complications and close longitudinal follow-up after HSCT by pediatric pulmonologists is mandatory to increase survival and life quality of these patients.
Does stable sitting influence upper limb function in children with cerebral palsy?
Authors: Seyhan Kübra , Kerem-Günel Mintaze
Published: September 2019

Bilateral spastic cerebral palsy (BSCP) patients frequently need to use various sitting devices for body control and function. The aim of this study was to investigate whether the use of a belt to position the pelvis in an adjustable chair would affect upper limb function in preschool children with BSCP. Fortyone children with BSCP [mean age 44 ±11, range 18-60 months] classified according to the Gross Motor Function Classification System (GMFCS), as level III (n=21) and level IV (n=20) were fitted with a hip-positioning belt. Upper limb functions were assessed by Quality of Upper Extremity Skills Test (QUEST). The median scores of the following upper extremity functions increased significantly by wearing the hip positioning belt: dissociated movements, grasping, weight bearing and protective extension. The total QUEST score increased from 56.7 (±46.3) to 66.1 (±39.2) (p < 0.001). The portable and adaptable hip-positioning belt may be used in daily life to improve upper limb activity in preschool children with moderate to severe BSCP.
A novel mutation in two cousins with guanidinoacetate methyltransferase (GAMT) deficiency presented with autism
Authors: Aydın Halil İbrahim , Sönmez Fatma Müjgan
Published: September 2019

Guanidinoacetate methyltransferase (GAMT) deficiency is a rare autosomal recessive disorder of creatine biosynthesis. Here, we report 9 and 10-year-old cousins with GAMT deficiency caused by a novel mutation who both exhibited neurodevelopmental retardation, seizures, behavioral problems, and autism that began during early infancy. The patients were diagnosed as having only autism and followed for years without a specific diagnosis although they had very low levels of serum creatinine for several times. A novel nonsense mutation in the GAMT gene that caused cessation of synthesis of the protein encoded by this gene was identified in these patients. GAMT deficiency is a treatable inborn error of metabolism and should be considered for all patients with hypotonia, developmental delay, seizures and autism, particularly if low serum creatinine levels are observed.
Acute lymphoblastic leukemia presenting as nephromegaly in a child: A rare case report
Authors: Arora Shilpa Khanna , Swarnim Swarnim , Hemal Alok , Bidhuri Neha
Published: September 2019

Acute leukemia is the commonest pediatric malignancy with acute lymphoblastic leukemia (ALL) constituting about 75% of all leukemias. ALL commonly presents as fever, bleeding, bone pains, anemia, lymphadenopathy and hepatosplenomegaly. The liver, spleen or lymph nodes are the most common sites of extramedullary involvement in ALL, with renal involvement being relatively uncommon. The usual differential diagnosis of acquired massive bilateral nephromegaly in children includes pyelonephritis, obstructive uropathy, infections such as HIV nephropathy, mucormycosis, glycogen storage diseases, myelofibrosis with extramedullary hematopoiesis, kidney tumors and rarely hematological malignancies like ALL. Here we report a 2 years old child who presented with abdominal distention, low grade fever and constipation. Clinical examination revealed massive bilateral nephromegaly. Preliminary investigations showed severe anemia and slightly elevated WBC counts with presence of reactive changes in lymphocytes along with few atypical cells (9%). Abdominal ultrasonography revealed bilaterally enlarged kidneys which was later confirmed by CT abdomen. He was eventually diagnosed with CALLA positive B cell ALL for which treatment was started in accordance with the International network for cancer treatment and research (INCTR) protocol 02 04. At present, he is on maintenance phase and responding well to the treatment with regression of kidney size to normal on follow up ultrasonogram. Thus, leukemia should be considered in a child presenting with bilateral nephromegaly after exclusion of above mentioned differential diagnosis. Bone marrow aspiration must be done before doing a more invasive investigation like renal biopsy.
Intrathecal baclofen use in the management of tetanus related spasm: A case report
Authors: Şık Güntülü , Aydoseli Aydın , Çıtak Agop
Published: September 2019

Tetanus is an infectious disease of the central nervous system with high mortality rates characterized with respiratory distress and tonic muscle spasms. The most common cause of mortality is cardiovascular complications (40%) and respiratory distress (15%). Despite vaccination programs, tetanus remains to be a significant healthcare issue in developing nations. Prolonged sedation and administration of muscle relaxants prolongs the period on mechanical ventilation and duration of hospitalization in severe tetanus cases. However, intrathecal baclofen (ITB) therapy might shorten the duration of stay at intensive care units, improve patient outcomes, and constitute a treatment option alternative to paralytic agents and sedation. In this manuscript, we present a 12-years-old case diagnosed with tetanus and treated with ITB upon observation of spasms refractory to high dose sedation and muscle relaxants.
Recessive mutation in GALNT3 causes hyperphosphatemic familial tumoral calcinosis associated with chronic recurrent multifocal osteomyelitis
Authors: Albaramki Jumana , Dmour Haitham , Shboul Mohammad , Bonnard Carine , Venkatesh Byrappa , Odeh Rasha
Published: September 2019

Hyperphosphatemic familial tumoral calcinosis is a rare autosomal recessive disorder that is characterized by persistent hyperphosphatemia and extra-articular calcifications. Three cases were previously reported with hyperphosphatemic familial tumoral calcinosis that were associated with chronic recurrent multifocal osteomyelitis, an autoinflammatory disorder that is characterized by recurrent episodes of bone pain. We describe here an 11-year-old child who was diagnosed with these two conditions and was found to carry a splice site mutation c.1524+1G > A in the GALNT3 gene.
More than Ophelia syndrome: Multiple paraneoplastic syndromes in pediatric Hodgkin lymphoma
Authors: Demirsoy Uğur , Alparslan Burcu , Şen Mehmet Celal , Anık Yonca , Akansel Gür , Görür Gözde , Gürel Bora , Aksu Görkem , Çorapcıoğlu Funda
Published: September 2019

Paraneoplastic syndromes in Hodgkin lymphoma (HL) can be seen with different symptoms and organ findings within a significant time before definite diagnosis of the primary disease. Achalasia, Holmes-Adie pupil, and limbic encephalitis are rarely reported paraneoplastic components in pediatric HL. In this report, we present an 11-year-old girl who had all these three paraneoplastic components synchronously before HL was identified.
Successful radiofrequency ablation of accessory pathway associated with left atrial appendage aneurysm in a low birthweight premature patient
Authors: Ergül Yakup , Öztürk Erkut , Özgür Senem
Published: September 2019

Tachyarrhythmias are common cardiac arrhythmias in newborns and infants. We present a premature case with a 2.4-kg birth weight, with non-immune hydrops due to supraventricular tachycardia. Despite the combination of amiodarone, esmolol and flecainide, tachyarrhythmia could not be controlled and radiofrequency ablation was applied due to left ventricular dysfunction. After the procedure the rhythm returned to normal sinus and left ventricular functions improved rapidly. The follow-up of the case continues without any problems. In this presentation, successful ablation of the accessory pathway associated with structural heart disease have been covered in the youngest and smallest patient to date.
O ESTADO DE COISAS INCONSTITUCIONAL: UM MECANISMO DO NOVO CONSTITUCIONALISMO LATINO-AMERICANO
Authors: Santos de Melo Celso Eduardo , Lima Walenberg Rodrigues
Published: September 2019

O presente artigo tem por escopo analisar o fenômeno do estado de coisas inconstitucional, perpassando pela origem, características, requisitos e aplicação dentro dos países da América Latina. Esse novo mecanismo de controle de constitucionalidade amplia o papel das cortes constitucionais[1]para além da mera declaração de incompatibilidade da norma para com a lei fundamental, posto que incide sobre uma falha ou omissão de matiz estrutural do Estado, que de forma massiva vilipendia os direitos fundamentais e humanos da coletividade. Ademais, analisar-se-á o contexto brasileiro quanto à aplicação desse mecanismo de índole constitucional, em especial, as perspectivas de uma evolução jurisprudencial no STF quando do julgamento de mérito da APPF nº 347. Por fim, buscar-se-á demonstrar que para além da densificação do princípio da colaboração harmônica, e portanto, de uma ressignificação do ideal da separação dos poderes, o estado de coisas inconstitucional desempenha um papel ativo na consolidação de um novo constitucionalismo latino-americano, marcado pela ruptura com o colonialismo epistemológico tradicional, e   preocupado, sobretudo, com a resolução dos problemas latino-americanos a partir de um viés que considere a história, culturas e  particularidades dos povos latinos, enfim, a partir, de um pensar decolonial e próprio latino-americano. Para isso, utilizou-se do método de pesquisa qualitativa e bibliográfica[1] O termo “cortes constitucionais” não foi usado neste trabalho em seu sentido estrito, já que o STF não pode ser considerado como tribunal constitucional, apesar de ter como função o controle de constitucionalidade das normas.
ANÁLISE DA ATUAÇÃO DO TCE-CE EM AUDITORIAS DE TECNOLOGIA DA INFORMAÇÃO
Authors: Souza Ramon Jorge de , Marques Erico Veras , Correia Neto Jocildo Figueiredo
Published: September 2019

Tipicamente, a tecnologia da informação (TI) tem consumido boa parte do orçamento das organizações. Sendo assim, particularmente em organizações públicas, é razoável inferir que os recursos relacionados à TI devem ser geridos evitando desperdícios e gastos desnecessários, sempre com foco na eficiência, eficácia e economicidade. Para garantir que os critérios da informação sejam atendidos, melhorando os serviços públicos e prevenindo irregularidades, desvios e perdas de recursos públicos, a TI precisa ser objeto de ações de controle. Sendo as auditorias um dos principais instrumentos de fiscalização dos tribunais de contas, este trabalho buscou, como objetivo geral, analisar a atuação do TCE-CE em auditorias de TI. Para tanto, foi realizada uma pesquisa qualitativa e descritiva, com base nos relatórios de auditoria de TI do TCE-CE do período de 2011 a 2016. Os resultados demonstram que o TCE-CE tem realizado, principalmente, auditorias em gestão de TI (organização), ambiente de informática (segurança e infraestrutura) e licitações e contratos.
DE DESLOCADO INTERNO A REFUGIADO: CAMINHO DE IDAS E VINDAS.
Authors: Dias Luciana Laura Carvalho Costa
Published: September 2019

O presente artigo trata de duas categorias presentes no estudo dos direitos humanos - deslocados internos e refugiados-, ao mesmo tempo em que tem como objetivo explicitar pontos de contato e mesmo de transmutação entre elas. Embora se trate de duas categorias distintas, a constante alternância dessas condições em situações de violação aos direitos humanos evidencia a clareza da necessidade de proteção jurídica aos deslocados internos, sob pena de o Direito fechar os olhos para sofrimentos humanitários semelhantes exclusiva e burocraticamente por questões topográficas, como se uma linha imaginária circunstancialmente delineada (e chamada de fronteira) permitisse e legitimasse ora o sofrimento, ora a proteção humanos.
The identity policy and its effect in the stability of Middle East after 2010
Authors: Kadhim Alesammi Ali Hussein
Published: September 2019

Since 2010 Middle East have many events or what they call "Arab spring events" which it result of overthrow governments and the rise of new political groups, all of this elements was resulting of many international and regional activities and making new regional and international axles, as well as the intersections of the different regional interests, therefore this research will try to study the stability and instability in the region as an independent variable not according to the neorealism or neoliberalism theories, but according to the constructivism theory which it base their assumptions on:

 "In the international relations the non-physical structures of international interactions are determined by the identities of the players, which in turn determine the interests that determine the behavior of international players." So the research questions are:

1-What is the identity policy and haw affect in international relations?

2-How the social construct affect in international relations?

3-How the elite's identities for the main actors in the Middle East affect in the regional axles?
Iraq's regional standing In the International Competition situation in the Middle East
Authors: Adwan Arkan Ibrahim
Published: September 2019

The researcher aimed to identify the most important elements of power for the state of Iraq. As a historically had a country of prestige and influence in its regional, which has made it very important to global and regional powers, in order to achieve their interests in the region.
Regional and international strategic visions of actors In the Middle East
Authors: Iskandar Al - Hadithi Mohammed Moazaz
Published: September 2019

The Middle East region is of great importance in the strategic realization of regional and international actors. Therefore, the hypothesis that the research tries to prove is that the Middle East region is of great strategic importance due to the set of constituents, whether civilizational, economic or geopolitical. The emergence of different strategic visions, whether regional or international actors in the region.
Recent advancement in wound healing dressing material
Authors: Awadhesh Kumar Pandey  , Arun Kumar Dwivedi
Published: September 2019

Wounds have been occurring as long as the existence of life. Presently available advanced wound care products for dressing are beyond the reach of the majority Indian population, and they also do not completely fulfil the required benefits of therapeutic value. The dermal patch technology is the best-known and widely used approach for delivering drugs. It has been proven to be the fastest, easiest, safest and most economical way for drug delivery. The use of biodegradable polymers in wound management has been brought into prominence with new innovations in drug delivery system. Thus with a new dimension for the use of polymeric materials in or as wound healing, drug delivery devices involves incorporation of biodegradability into the drug delivery system. A number of degradable polymers are potentially useful for drug delivery including a variety of synthetic and natural substances such as Poly Lactic acid, Poly Crypolactone, Chitosen etc. Among all these Poly (lactic acid) (PLA) is the most readily biodegradable polymer in the surgical field. The biodegradable polymers have gained growing importance in the medical area, and these have been used in a wide number of applications in the human body, such as surgical sutures, controlled drug release systems, artificial skins, guides for nerves, veins and artificial arteries and orthopaedic devices. Biodegradable polymers have several physical and chemical characteristics, such as molecular mass average and distribution, glass transition and/or melting temperatures, monomer ratios and sequencing for copolymers. The knowledge of physicochemical characteristics of Poly Lactic acid polymers essential to understand its thermo-mechanical performance. In order to achieve appropriate wound healing, sustained release of the drug from the bio-degradable patch is necessary. So the assessment of the interaction between the drug and polymer is indispensable.
Review Essay: Human Rights in the 'War on Terror'
Authors: Costi Alberto
Published: September 2019

This article is a book review of Richard Ashby Wilson (ed) Human Rights in the 'War on Terror' (Cambridge University Press, Cambridge, 2005) (347 pages). In recent years, terrorism has metamorphosed the global security environment. States have been forced to redefine the nature of terrorism and to reassess the political, military and legal means necessary to protect the State, its institutions and its citizens. Costi states that this book places itself squarely within some of the main current debates surrounding the war on terror in which some of the contributors have been very much involved. The book advances four propositions: it challenges the view that terrorism is a novel problem requiring exceptional solutions, it shows the limits of unilateralism in globally managing the war on terror, it highlights the impact of the war on terror on human rights domestically and the potential use of an agenda of security over liberty by governments wishing to control their citizens ever more tightly, and it calls for an examination of terrorism in context. Costi concludes that the book will make readers think and perhaps inspire them to tackle terrorism without betraying the fundamental values that are the fabric of democratic societies.
Towards a Celebration of 50 Years of European Union
Authors: Angelo A H , Plachecki Rebekah C
Published: September 2019

The article provides an introduction to the articles found in this issue of the Victoria University of Wellington Law Review. The authors state that the purpose of the collection of articles is to mark and celebrate the creation of the European Union ('EU') while acting as clear evidence of the dynamism of the EU. The authors note that the articles reflect on a range of topics – many of them with direct relevance to the peoples and countries of the Pacific region.
The Future of Sub-National Governments in a Supra-National World - Lessons from the European Union
Authors: Hopkins John
Published: September 2019

The development of the EU over the last 50 years is not the only revolution to have taken place in Europe.  There has also been the emergence of sub-national entities and autonomous regional governments to represent them.  These are accommodated in various constitutional arrangements throughout the EU.  This paper argues that the development of supra-national governance must be recognised as a structure requiring a different approach from those of the executive dominated structures of international law.  This paper examines in particular sub-national governments and their role in the EU and considers the capacity of supra-national structures to incorporate sub-national institutions and interests.
Cités et Reterritorialisation: La France Ã l'Heure des Frandes Métropoles
Authors: Pastorel Jean-Paul
Published: September 2019

The structure of local authority power in France, which is heir to a system of fractionalised communities and also to a tradition of downgrading of cities, is a matter of current interest today. This is largely because of the federalisation movement in Europe and the globalisation of economies within the European market. The federalisation movement has been beneficial - integrated inter-communal structures open the way to large metropolises. Metropolises in turn, are connected with more less vast regional areas thereby redrawing the contours of the new directions of development. In this paper on the evolution of the French territorial entities, the author makes clear the consistent way in which the French legislator has moved since the signing of the Treaty of Rome in 1957, to transform the way in which territorial institutions are organised. The re-organisation of the increasingly urban communities and regions will benefit from a "plan of re-territorialisation". The declared goal is to organise these areas by arranging a network of towns both small and medium sized around metropolises in order to create true competitive areas employment which have the capacity to stimulate economic activity. From being communities of citizens, these contiguous territorial entities, subject both to the rules of free competition and to Community norms, are progressively transformed into economic players. By confirming the role of territorial entities to take all the decisions which can best be exercised at the local level (the principle of subsidiarity), the French constitutional reform of 27 March 2003 paved the way for a degree of flexibility of territorial organisation which can lead to a type of decentralisation to suit each different situation, including by the state towards the territorial entities or between territorial entities. The break with traditional uniformity of the territorial groupings in France is part of the re-territorialisation of local government areas and thus is consonant with rapid metropolisation and market liberalisation.
The European Union and the Territorial Scope of European Territories
Authors: Ziller Jacques
Published: September 2019

In this paper Professor Ziller addresses the intriguing question of the relationship of the European Union – which is not a state and which has no territory of its own – to the territories of EU Member States. The paper provides a survey of the overseas territories affected and the evolution of the case law of the European Court of Justice on the extent to which the provisions of the EC Treaty apply to the European territories overseas.
The Future of Criminal Law within the European Union - Union Law or Community Law Competence?
Authors: Murshetz Verena
Published: September 2019

Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions  and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.
Democratising or Demonising the World Heritage Convention?
Authors: Affolder Natasha
Published: September 2019

In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the challenges posed by vague and illdefined treaty obligations. At the same time as it unveils democratic concerns about the evolving nature of the treaty regime, this paper challenges us to consider the democratic strengths of the Convention.
The Importance of Being Quasi-Democratic - the Domestication Of International Human Rights in American and Arab Politics
Authors: Mednicoff David
Published: September 2019

The paper builds on a comparative treatment of the politics of contestation and incorporation of human rights law in the United States, Morocco and Tunisia to highlight the salience of international law's democratic legitimacy problems of popular representation and mobilization. The author shows that Morocco enjoyed the most sustained and broadest recent mobilisation of these cases in the domestic extension of international human rights norms. This finding suggests four conclusions. First, democratic legitimacy problems for international law are similar across more and less democratic regime types. Second, the democratic legitimacy problem allows states to use populist appeals to justify their internal deviations from international legal norms. Third, international human rights norms stand the best possibility of mitigating these legitimacy concerns and permeating domestic practice when they have a basis in a pattern of contestation that engages more than a narrow elite, and which might therefore be called quasidemocratic. Fourth, these points demonstrate the imperative of comparing the political processes for the domestic incorporation of international law across different spaces and regime types.
Using Human Rights Treaties to Resolve Ambiguity: the Advent of A Rights-Conscious Charming Betsy Canon
Authors: Waters Melissa A
Published: September 2019

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, and discusses the threat this poses to traditional common law dualism.
Dressed for Success? Gendered Appearance Discrimination In the Workplace
Authors: Harwood Catherine
Published: September 2019

Gender is a nebulous concept, linked to one’s self-identity and social acceptance. Gender expression in a heterosexist society is consequently governed by particular social norms and is susceptible to prejudice. It is critical that gender is not a source of permissible discrimination in a central social space, the workplace. Current responses from the law can be ineffective due to the nature of the complaints process and the theory underlying decision-makers’ reasoning. The United States has considerable gender discrimination jurisprudence and is a valuable source of options for law reform. This paper argues that statute and case law in New Zealand should expressly prohibit both inter and intra-gender discrimination. Processes should also be tightened up to avoid claims falling through the cracks in tribunal jurisdictions. Rights are hollow unless they have a real-life impact. While formal recognition does not mean the end to this particularly insidious form of discrimination, it is an important means to shift societal norms. This could generate greater equality in real terms for New Zealanders.
SAAMCO, The Scope of the Duty and Liability for Consequences
Authors: Hegan Nick
Published: September 2019

The House of Lords' 1996 decision in South Australia Asset Management Corp v York Montague Ltd limiting liability in certain cases of negligent misstatement has been controversial. More recent pronouncements, both judicial and extra-judicial, suggest something of a change in the way judges are analysing the scope of liability for wrongs. This article examines how the SAAMCO decision fits into this new rubric, and whether its policy basis can be better elucidated under it.
John Salmond and Native Title in New Zealand: Developing a Crown Theory on the Treaty of Waitangi, 1910-1920
Authors: Hickford Mark
Published: September 2019

This extended essay argues for a new approach towards the writing of constitutional histories of the Crown within New Zealand. It looks specifically at the conceptions of the relationship between the Treaty of Waitangi, the common law and customary interests that the Crown and its legal advisors actually employed in internal deliberation and external positioning. In looking at the processes for articulating the Crown's preferred legal position during John Salmond's tenure as Solicitor-General, this article notes the overwhelming prevalence of statute and Treaty-based conceptions in law (as well as areas of historical change and discontinuity). Common law approaches emerged in the later twentieth century through newly minted theories or doctrines of aboriginal title but were never regarded as distinct options by the historical actors themselves. The concern of this article is with how those actors – most notably Salmond – conceived, acted upon and adapted their perception of the Crown's constitutional obligations to Māori.  In mapping the course of a Crown legal "register" or way of speaking about native title and the Treaty of Waitangi, the essay aims to reveal the rich and contested nuances of the approaches assumed by the legal advisors to the Crown on the question of the Treaty from 1910 until 1920 and its relevance to a governmental outlook on customary property.
Sir John Salmond and the Moral Agency of the State
Authors: McHugh P G
Published: September 2019

New Zealand scholars have yet to develop a "tradition" of writing legal history outside the historiographically problematic field of Treaty claims. This essay uses Sir John Salmond as emblematic of the methodological features that such a tradition might carry. Any self-congratulatory and Whiggish vision of a good-hearted people incapable of anything other than a fundamentally decent past – itself a fiction punctured by the Treaty claims processes – should be discarded. Instead the New Zealand constitutional and legal system should be seen as a site of ongoing struggle, reflection and constant engagement amongst a series of actors whose thought – so much as that was articulated – is to be regarded as important as their action. A non-corrupt legal system is not the outcome of a complacent so much as vigilant past. Sir John Salmond's concern with the moral agency of the State not only placed him inside the mainstream of early twentieth century political thought, its "Idealist" thread in particular. It also underpinned his intendancy of the Crown Law Office, as Dr Hickford's subsequent (and important) essay demonstrates.
The Salmond Lecture
Authors: Simpson AWB
Published: September 2019

In his lecture Professor Simpson places John Salmond's jurisprudential books, his First Principles of Jurisprudence and his Jurisprudence text book within both the context of the English text book tradition and the more specific context of the English tradition of the general jurisprudence book. Having pointed out that Salmond’s major text book was indeed written for students, Professor Simpson examines Salmond’s explanation of judicial reasoning and whether it can differentiated from other modes of thought. While ultimately Professor Simpson suggests that John Salmond's account of legal thought is not complete, he concludes that it can be favourably compared with other attempts to resolve the question. In particular, Professor Simpson contrasts John Salmond and his contemporaries’ efforts favourably with the efforts of the prominent Oxford legal philosopher HLA Hart. For his own part, Professor Simpson ultimately considers that perhaps there is not so much special about legal thinking when compared  to other processes of rational decision making in everyday practical affairs.
Foreword: In Memory of Lord Cooke
Authors: Butler Petra
Published: September 2019

This foreword introduces the articles published in this issue which celebrates the life of one of New Zealand's finest jurists, Lord Cooke. The range of articles in this issue exemplifies the wide range of interests Lord Cooke had and his ability to frame the most complicated issues in basic principles.
The Right Honourable The Lord Cooke of Thorndon
Authors: Hardie Boys Michael
Published: September 2019

This article was the text of the eulogy given at Lord Cooke of Thorndon's funeral. The author, former Governor-General and Judge of the New Zealand Court of Appeal, speaks of his professional and personal experience in working with Lord Cooke.
A Personal Word
Authors: Cooke Francis , Cooke Francis
Published: September 2019

This article is a son's tribute to his father, Lord Cooke of Thorndon. The article describes Lord Cooke's personal attributes, and how they influenced his approach to legal problems and judging. The author states that an analysis of his father's judicial and extra-judicial work demonstrates that he was frequently concerned with attempts to explain why particular verbal formulations which had become reasonably well-settled were hiding rather than exposing the underlying principle. The author explores his father's take on the Wednesbury unreasonableness test as well as other general areas of law including tort and constitutional measures.
Lord Cooke and Cambridge
Authors: Smith ATH
Published: September 2019

This article seeks to explain the enduring formative influence that early life in Cambridge and at Gonville and Caius College exerted on Lord Cooke’s intellectual (and social) development. It suggests that his early experiences provided something of a platform which enabled Lord Cooke to take a leading part in the subsequent development of New Zealand’s separate legal identity.
Simple, Fair and Discretionary Administrative Law
Authors: Knight Dean R
Published: September 2019

This article discusses the immense contribution Lord Cooke made to the development of administrative law in New Zealand.  It focuses on his desire for simplicity, his pursuit of fairness and his acceptance of discretion.  In particular, this article examines the different ways this tripartite set of themes manifest themselves in and throughout the orthodox tripartite grounds of judicial review in New Zealand.
Going "Straight to Basics": The Role of Lord Cooke in Reforming the Rule Against Hearsay - from Baker to the Evidence Act 2006
Authors: McDonald Elisabeth
Published: September 2019

In April of 1989, Cooke P, as he then was, proposed a test for the admissibility of oral hearsay (the fearful remarks of a woman later killed by her estranged husband) in a criminal trial. This common law admissibility test, focussing on the reliability of the statement (while implicitly acknowledging that the maker of the statement was not "available" to testify), was further developed in the Court of Appeal's decision in Bain (1996), and confirmed to have broad application in Manase (2001). The reliability and unavailability test has now become the admissibility test for hearsay evidence in the Evidence Act 2006. In this paper written in his honour, the author discusses the legacy of Lord Cooke in the 21st century liberalisation of the rule against hearsay.
Liability of Lessees and Assignees of Commercial Leases in New Zealand
Authors: Tait Emma
Published: September 2019

This article concerns the liability of lessees and assignees of commercial leases in New Zealand.  This is a complicated area of the law and, as an analysis of the historical context shows, one that was ripe for reform.  The Property Law Act project which culminated with the enactment of the Property Law Act 2007 provided an opportunity to undertake this reform.  However, this article shows that the resulting Act not only fails to correct existing deficiencies in this area but also places an increased burden on assignees that cannot be justified by reference to privity of contract or privity of estate.
Release on Parole: Gambling with Community Safety or Effective Risk Management
Authors: Belton Katherine
Published: September 2019

Parole has been the subject of scrutiny in recent years, both due to offences that are committed by high-profile parolees, and for the perceived leniency that it provides by allowing offenders early release from imprisonment. This paper analyses the operation of parole in New Zealand with reference to the case of Reid v New Zealand Parole Board, together with a review of the Law Commission’s report on sentencing and parole, and the resulting amendment to the Parole Act. It concludes that parole is an effective tool in the criminal justice system, and should certainly be retained.
Freedom of Expression, Commercial Expression and Tobacco in Canada
Authors: Reid Caroline
Published: September 2019

The application of freedom of expression protections to commercial expression is a matter of some debate. Some commentators suggest that commerciality robs expression of the value inherent in more politically, culturally, or socially motivated expression.In Canada, the Supreme Court has found that commercial expression is entitled to protection. The affirmation of these rights subject “only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” does, however, allow for the commercial nature of expression to be weighed as against the value of allowing such expression.The Supreme Court’s approach to freedom of commercial expression, as exemplified by the tobacco cases, indicates that this right is not given the same degree of protection as non-commercial expression. However, the Court’s approach and refusal to introduce a specific test allows flexibility in application, and provides for the possibility that, in some cases, protections may be broad enough to place commercial expression on a par with non-commercial expression.
E Toru ngā Tauira mo te Hononga ki te Māori ki te Pākehā mo te Umanga Taha Ture
Authors: Jones Carwyn , Black Taiarahia
Published: September 2019

Ki te kōrero tātau mo ngā hononga tōtika i waenganui i te Karauna me te Māori, kei te kōrero kē tātau mo te pūmautanga kaha ki te Tiriti o Waitangi. Ahakoa he aha ngā tautohe, ngā whakamārama mo te wāhanga Māori, wāhanga Pākehā o te Tiriti e pā ana ki ngā kupu “kāwanatanga” me te “sovereignty”ko te tino rangatiratanga kia noho pūmau. Ko te tino pūtake o ēnei wāhanga e rua kia āhei ngā hiahia o ngā taha ē rua, kia noho tahi mai i runga i āna tikanga, ā, kia kaua tētahi e aukati i tētahi. I te mea hoki e kuhu atu ana ngā tokorua iwi nei, Māori, Pākehā ki te rapu i te ōranga tonutanga e tū tahi ai rāua tahi. E toru ngā tauira mo te hononga ki te Māori ki te Pākehā taha ture: Taha Ture Tapa Toru ka tāea ahakoa iti nei te hononga kātahi, te Taha Tangata Whenua Ture, ko ngā tikanga ka tau mai no roto ake i te tangata whenua, kā rua, me te Taha Rua Ture kia hāngaia he taha ture mai i ngā taha ē rua.
Foreword: Honouring Anthony Angelo's Contribution
Authors: Atkin Bill , Butler Petra , Costi Alberto , McLay Geoff
Published: September 2019

This foreword introduces the articles published in this issue which celebrates the life of Professor A H Angelo of the Law Faculty at Victoria University of Wellington and this Law Review. The issue is divided into two parts: the first covering personal reflections concerning Professor Angelo or his subjects, and the second containing pieces by leading scholars that reflect different aspects of Professor Angelo's research and service.
Anthony Angelo and Law Reform in Mauritius
Authors: Richardson Ivor LM
Published: September 2019

The author, former Professor and Dean of Law at Victoria University of Wellington and President of the Court of Appeal, discusses his experience working a law reform project in Mauritius with Professor Tony Angelo. As the author has experience in income tax reform, the article focuses on Professor Angelo's legislative drafting and policy development in relation to income tax law. Professor Angelo is described as a "one man Law Reform Commission" regarding his role in Mauritius, and discusses the importance of rules relating to technical interpretation and accessibility.
A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies
Authors: McKenzie Peter
Published: September 2019

This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but colonial administrators took with them a common law structure for contracts, and civil and commercial obligations, while retaining customary law and practices in relation to land. Finally, the Maldives is discussed as a "special case". The author then discusses his reflections on the colonial legal legacy, including the impact of the English language, the shared nature of the colonies' legal systems (including a common accounting and business framework), and the "colonial legal patchwork". The author hopes that the impetus given by Professor Angelo to law reform in Mauritius, as well as other nations, will continue.
Anthony Angelo and the Comparative Law Tradition
Authors: McLachlan Campbell
Published: September 2019

The author, himself a professor of law, provides his account of learning about comparative law under Professor Tony Angelo. The author praises Professor Angelo's seminars as they required students to understand not only their own systems, but also the very different private international law solutions adopted in other countries. This allowed the author to see how the world's multitude of different legal systems fit together. It is concluded that the task of equipping law students with foundational skills in comparative law and the conflict of laws remains urgently relevant, and Professor Angelo's role in delivering that task to Victoria University of Wellington has been instrumental.