bluuebunny/crossref_metadata_2025 huggingface dataset:
Statistically and clinically important change of pain scores in patients with myogenous temporomandibular disorders
Authors: van Grootel Robert J. , van der Glas Hilbert W.
Published: July 2008

A within‐patient change in pain score after treatment is statistically ‘reliable’ when it exceeds the smallest detectable difference (SDD). The aims of the present study were (i) to determine SDD for scoring pain behavior on a 0–5 point adjectival scale, and (ii) to explore the relationship between SDD, clinically important difference (CID) and effect size (ES) following treatment of known efficacy, and to compare these parameters of pain behavior with those of VAS‐scores of pain intensity [van Grootel RJ, van der Bilt A, van der Glas HW. Long‐term reliable change of pain scores in individual myogenous TMD patients. Eur J Pain 2007;11:635–43]. SDD was determined using duplicate scores on pain behavior from a pre‐treatment diary that was completed by 118 patients with myogenous temporomandibular disorders (TMD). CID was determined as the mean change in score following treatment, and Cohen's ES as the ratio between mean change and SD of baseline values. The SDDs were 2–3units (40–60% of the scale range) for test–retest intervals of 1–13 days. CID was 1.13units (22.6%) and ES was 1.38. The normalized SDD and CID values and ES were similar for VAS‐scores of pain intensity, i.e., 38–49% (SDD), 24.2% (CID) and 1.09 (ES). Because reliable change (change>SDD) exceeds CID, the responsiveness of scoring of pain variables is low for detecting CID. The finding of ES values that are larger than 0.5 (ES for patients with chronic degenerative diseases [Norman GR, Sloan JA, Wyrwich KW. Interpretation of changes in health‐related quality of life. The remarkable universality of half a standard deviation. Med Care 2003;41:582–92]) suggests that for myogenous TMD (chronic pain not caused by somatic disease and with a large chance on recovery following treatment), there are higher expectations of what constitutes important change.
SIRT2 is a negative regulator of anoxia–reoxygenation tolerance via regulation of 14‐3‐3 ζ and BAD in H9c2 cells
Authors: Lynn Edward G. , McLeod Christopher J. , Gordon Jeffrey P. , Bao Jianjun , Sack Michael N.
Published: July 2008

Knockdown or inhibition of SIRT2 enhances biological stress‐tolerance. We extend this phenotype showing that SIRT2 knockdown reduces anoxia–reoxygenation injury in H9c2 cells. Gene array analysis following SIRT2 siRNA knockdown identifies 14‐3‐3 ζ as the most robustly induced gene. SIRT2 knockdown evokes induction of this chaperone, facilitating cytosolic sequestration of BAD with a corresponding reduction in mitochondrial BAD localization. Concurrent siRNA against SIRT2 and 14‐3‐3 ζ abolishes the SIRT2‐depleted cytoprotective phenotype. SIRT2 functions to moderate cellular stress‐tolerance, in part, by modulating the levels of 14‐3‐3 ζ with the concordant control of BAD subcellular localization.
Determination of serum fPLI concentrations in cats with diabetes mellitus
Authors: Forcada Yaiza , German Alexander J. , Noble Peter J.M. , Steiner Joerg M. , Suchodolski Jan S. , Graham Peter , Blackwood Laura
Published: July 2008

Diabetes mellitus (DM) is one of the most common feline endocrinopathies. Pancreatitis is a reported cause for poor control of DM in cats; however, its prevalence in diabetic cats is unknown. Measurement of serum feline pancreatic lipase immunoreactivity (fPLI) has been proposed as a sensitive and specific test for the detection of pancreatitis in cats. The aim of this study was to assess fPLI concentrations in diabetic cats and compare these with non-diabetic cats of similar age. Samples from 29 cats with DM and 23 non-diabetic cats were analysed. Serum fPLI concentrations were significantly higher in samples from diabetic cats ( P<0.01). A weak association was found between serum fructosamine and fPLI concentrations ( R2=0.355, P=0.015), but there was no association between fPLI concentrations and the degree of diabetic control. There were no significant differences in reported clinical signs between cats with or without DM regardless of serum fPLI concentration. This is the first study to demonstrate elevated serum fPLI concentrations in cats with DM, suggesting that pancreatitis could be a significant comorbidity in these cats.
ALTERED STATES: FEDERALISM AND DEVOLUTION AT THE “REAL” TURN OF THE MILLENNIUM
Authors: O’Connor Sandra Day
Published: July 2008

This article is the Sir David Williams Lecture delivered by Justice Sandra Day O’Connor, a Justice of the U.S. Supreme Court, in Cambridge in May 2001. In it the author considers the operation of the twin processes of devolution and federalism in the United Kingdom and contrasts it with their operation in the United States, where the different premises have produced different historical trajectories and different contemporary challenges. Yet federalism and devolution in the two countries also reflect many of the same values and thus present many of the same opportunities.
DAMAGES, THE LIESBOSCH, AND IMPECUNIOSITY
Authors: Coote Brian
Published: July 2008

Developments in the law since The Liesbosch was decided in 1933 have made it increasingly difficult in principle to justify special treatment of the plaintiff’s impecuniosity in the context of any of the four aspects of damages considered in this article. Almost certainly, had The Liesbosch not been a decision of the House of Lords, it would before now have been overruled. To state the obvious, litigation by the impecunious is not frequently taken to the very highest level. Even when it is, the Court may still not feel prompted or required to undertake a fundamental reconsideration. Alcoa was such a case and an opportunity was missed.
ON BEING REQUIRED TO BE A POLICEMAN, UNTRAINED AND UNPAID
Authors: Glazebrook P.R.
Published: July 2008

This article discusses the case of Brock and Wyner (2001) (the “Wintercomfort Case”) and considers its implications for private citizens who traditionally have not incurred criminal liability merely for failing to prevent a third party from committing an offence unless they have some specific legal responsibility for the victim or for the business or motor-vehicle in connection with which it is committed. The wide and vague interpretation placed on section 8 of the Misuse of Drugs Act 1971, which applies to everyone who occupies or manages premises, is contrasted sharply with the House of Lords’ views of its predecessor (section 8 of the Dangerous Drugs Act 1965) in Sweet v. Parsley. The author draws attention to the clearer and more circumscribed section 19 of the Terrorism Act 2000 and argues for an equally specific provision to be substituted for a Section 8 of the 1971 Act.
THREE FORMS OF RESPONSIBILITY: ON THE RELATIONSHIP BETWEEN TORT LAW AND THE WELFARE STATE
Authors: Howarth David
Published: July 2008

This article rejects the position that individual responsibility and collective responsibility are opposing and incompatible points of view about how to deal with misfortune. It proposes that we should distinguish between two forms of individual responsibility. One form of individual responsibility, the “social view”, is not just compatible with collective responsibility, it also cannot be attacked without simultaneously attacking collective responsibility. The other view of individual responsibility, the “asocial view”, is indeed incompatible with collective responsibility, but it is equally incompatible with the social view of individual responsibility. The distinction allows us to understand collective responsibility as lifting the burden of individual responsibility to compensate others we have harmed, rather than as lifting the burden of looking after oneself, and thus better illuminates the relationship between the welfare state and tort law than the conventional view.
HUMAN RIGHTS REVIEW: RAISING THE STANDARD
Authors: Elliott Mark
Published: July 2008

The decision of the House of Lords in R. (Daly) v. Secretary of State for the Home Department [2001] 2 W.L.R. 1622 provides authoritative guidance as to how human rights issues should be treated in judicial review cases. In common with a number of other recent leading cases in this area, Daly concerns prisoners’ rights. All governors of closed prisons were required by the Home Secretary to operate a cell searching policy under which prisoners were not permitted to remain in their cells during searches, so as to prevent intimidation of those conducting searches and to stop prisoners gaining knowledge of search techniques. Prison officers were permitted to examine, but not read, legal correspondence stored in cells. The claimant, who stored such correspondence in his cell, successfully contended that the policy was unlawful to the extent that it precluded prisoners’ presence during examination of legal correspondence. This note highlights four points of general importance which arise from their Lordships’ decision.
WHAT IS THE COURSE OF EMPLOYMENT?
Authors: Hopkins C.A.
Published: July 2008

Sir John Salmond stated in the first edition of his Law of Torts (1907) that a wrongful act is deemed to be done by a servant in the course of employment if it is “either (a) a wrongful act authorised by the master, or (b) a wrongful and unauthorised mode of doing some act authorised by the master”. This passage, to be found at page 443 of Salmond & Heuston on the Law of Torts, 21st ed. (1996), has been cited with approval in many judgments. The first alternative is unproblematic, save that it refers to a situation where the master is primarily rather than merely vicariously liable. But the second can be difficult to apply, particularly where the servant’s tort is intentional. How can it be right to describe conversion by a servant of a fur which he has been told to clean (Morris v. C.W. Martin & Sons Ltd. [1966] 1 Q.B. 716) or deceit of his master’s client (Lloyd v. Grace, Smith & Co. [1912] A.C. 716) as a mode of doing an authorised act, when it is effectively the opposite of what he has been authorised to do? The problem is even more acute when the tort consists of trespass to the person. In Trotman v. North Yorkshire County Council [1999] L.G.R. 584 the Court of Appeal held the defendant Council not liable for a sexual assault by a teacher on a handicapped teenager committed to his care on a foreign holiday, on the ground that it was an independent act outside the course of employment. Trotman has now been overruled by a unanimous House of Lords in Lister v. Hesley Hall Ltd. [2001] 2 W.L.R. 1311, where it was held that the proprietors of a school for children with emotional and behavioural difficulties were vicariously liable for the systematic sexual abuse of two teenage boys by the warden of a boarding house.
DEFAMATION, THE JURY AND THE PURSUIT OF JUSTICE
Authors: Mullender Richard
Published: July 2008

In the law of defamation, the jury is “the constitutional tribunal” of fact (J.C.C. Gatley, Libel and Slander, 9th ed. (London 1998), pp. 889-890). The jury’s occupation of this position is usually traced back to Fox’s Libel Act 1792. While confined in terms to criminal trials, the 1792 Act is regarded as declaratory of the common law (see Sir Martin Nourse, “The English Law of Defamation-Is Trial by Jury Still the Best?”, in B.S. Markesinis (ed.), The Clifford Chance Lectures, vol. I, Bridging the Channel (Oxford 1996), ch. 4). One way in which to explain the jury’s role in defamation trials can be found in the ideal of institutional justice. This ideal specifies that institutions should, in order to be legitimate, adequately accommodate the views of those in the society where they operate (G. Cupit, Justice As Fittingness (Oxford 1996), ch. 5). There is, however, reason to regard defamation law’s commitment to institutional justice as qualified. Support for this view can be found in Grobbelaar v. News Group Newspapers Ltd. [2001] 2 All E.R. 437. In Grobbelaar, a unanimous Court of Appeal overturned a jury’s findings of fact on the ground that they were perverse and unreasonable. This decision appears ground-breaking since the Court was unable to point to domestic authorities in which the same step had been taken.
ESTOPPEL BY REPRESENTATION AS A DEFENCE TO RESTITUTION: THE EXCEPTION PROVES THE RULE?
Authors: Key Paul
Published: July 2008

The recognition of the defence of change of position in Lipkin Gorman v. Karpnale Ltd. [1991] 2 A.C. 548 was a landmark for the law of restitution. In the ten years which have followed Lipkin Gorman, courts and academics have been involved in two, closely related, tasks: first, a description of the content and nature of the defence of change of position; and, secondly, an analysis of the relationship between change of position and other defences to restitution. An important aspect of the latter task has been the fundamental re-examination of the role of estoppel by representation as a defence to restitution. Two recent cases in the Court of Appeal, Scottish Equitable plc v. Derby [2001] 3 All E.R. 818 and National Westminster Bank plc v. Somer International (UK) Ltd. [2001] Lloyd’s Rep. Bank. 263, indicate that, although estoppel by representation remains a defence, the practical effect of the defence will often be much more limited than had been previously understood.
BANKER’S LIABILITY FOR POST-PETITION DISPOSITIONS
Authors: Hare Christopher
Published: July 2008

Once a petition to wind-up a company has been presented, a balance must be struck between two competing interests. On the one hand, the allegedly insolvent company must be allowed to continue trading until the court has had an opportunity to examine the bien-fondé of the petition; on the other hand, the company’s directors must be prevented from dealing with the corporate assets in a way detrimental to the interests of the general creditors. This balance is struck by the Insolvency Act 1986, s. 127, which provides that, upon the granting of a winding-up order, any “dispositions” of the company’s property in the period following the presentation of the petition are retrospectively avoided, unless the court orders otherwise. The courts have, however, had considerable difficulty in applying this provision to the post-petition operation of a company’s current account and, in particular, have failed to adopt a consistent approach to the potential liability of a bank for continuing to operate such an account. The Court of Appeal addressed this problem in Hollicourt (Contracts) Ltd. v. Bank of Ireland [2001] 2 W.L.R. 290.
FIXED AND FLOATING CHARGES
Authors: Wood Philip R.
Published: July 2008

The Privy Council decision in Agnew v. Inland Revenue Commissioner [2001] B.C.C. 252 (on appeal from the New Zealand Court of Appeal in Re Brumark Investments Ltd.) decides that where a charge over the uncollected book debts of a company leaves the company free to collect and then to use the proceeds for its own benefit in the ordinary course of business, the charge is inevitably a floating charge and not a fixed charge, whatever the debenture might say. The court’s reason for this, in short, was that it makes no commercial sense to separate a book debt from its proceeds and so, if the company can use the proceeds at will, then the charge on the debt itself must be a floating charge.
FRAUD, TRUSTS AND EQUITIES
Authors: Nolan Richard
Published: July 2008

Mr. and Mrs. Collings were the unremarkable registered proprietors of their house, until they had the misfortune to deal with Mr. Lee. Lee purported to act for them in finding a purchaser for the house, and he found a Mr. Styles. Mr. and Mrs. Collings then executed a transfer of the house to Styles in consideration of £250,000, but “Styles” was simply an alias used by Lee, and no part of the £250,000 was ever paid to them. The net result, therefore, was that Lee fraudulently procured the transfer of the house from Mr. and Mrs. Collings to himself, for no consideration. Once registered as proprietor of the house, Lee mortgaged it to the Leeds Permanent Building Society and took the mortgage proceeds. Mr. and Mrs. Collings remained in actual occupation of the house throughout. When Lee’s fraud came to light, Mrs. Collings sought rectification of the register, to reinstate her as proprietor of the house free of the mortgage. (Her husband had died in the meantime, and she had acquired his rights by survivorship.) The Court of Appeal upheld her claim: Collings v. Lee [2001] 2 All E.R. 332.
TAKING CHILDREN ABROAD: HUMAN RIGHTS, WELFARE AND THE COURTS
Authors: Bainham Andrew
Published: July 2008

One of the more drastic results of marital breakdown can occur where a mother decides to leave the country permanently and relocate with a child. Such cases can pose an acute dilemma where, as in Payne v. Payne [2001] 1 F.L.R. 1052, the father has enjoyed substantial contact with the child which is bound to be severely curtailed (if not entirely destroyed) by the mother’s relocation on the other side of the world. Here the mother, a New Zealander, had been ordered by a New Zealand court to return the child to England, following her “wrongful retention” there, under the Hague Convention which governs international child abduction. In the present proceedings she sought leave to return home to her original family with her four-year-old daughter. The father had substantial staying contact, which was sufficiently extensive that it might almost be termed “time-sharing”, and he countered with an application for a residence order. It was not in dispute that the child had an exceptionally good relationship with the father and with the paternal relatives in Newmarket. The mother, who by this time had grown to loathe her home in London, was adamant that she could only provide the child with a happy and secure upbringing if allowed to return to New Zealand. The father unsuccessfully opposed her application in the Cambridge County Court but appealed on the basis that the settled principle applied by the courts was in breach of the European Convention on Human Rights and in conflict with the Children Act 1989. The essence of the argument was that the Convention enshrined a right of contact between parent and child as an aspect of respect for family life under Article 8 and that the Children Act also required much greater significance to be attached to the preservation of such contact.
EC DIRECTIVES AND MISFEASANCE IN PUBLIC OFFICE
Authors: Allott Philip
Published: July 2008

IN Three Rivers District Council and others v. Bank of England [2000] 2 W.L.R. 1220, the House of Lords answered two questions. What are the defining conditions of the tort of misfeasance in public office? What was the potential liability of the Bank of England under an EC directive relating to the exercise of its supervision over a credit institution? The questions had been raised as preliminary legal questions before further trial of the issues arising in the proceedings.
PROVOCATION: MUDDYING THE WATERS
Authors: Virgo Graham
Published: July 2008

IN Smith [2000] 3 W.L.R. 654 the House of Lords by a bare majority affirmed the decision of the Court of Appeal (noted at (1999) 58 C.L.J. 7) and in doing so resolved a long-standing dispute as to which characteristics of the defendant are relevant when determining whether the reasonable person would have lost self-control and killed the victim (the objective test of provocation). Two distinct lines of authority had developed. First, a group of House of Lords and Privy Council cases had recognised that a characteristic would only be relevant where it affected the gravity of the provocation. Secondly, a line of Court of Appeal cases had recognised a wider test, whereby a characteristic would also be relevant if it affected the defendant’s ability to exercise self-control. The House of Lords has now confirmed the latter test. Consequently, in Smith itself the defendant’s severe depression was relevant because it made him less able to exercise self-control.
HOW OLD DID YOU THINK SHE WAS?
Authors: Glazebrook P.R.
Published: July 2008

FOR at least a century and a quarter one of the most settled and invariable maxims of the criminal law, founded upon a decision of 15 judges in the Court for Crown Cases Reserved (Prince (1875) 2 C.C.R. 154; see, also, Robins (1844) 1 C. & K. 456), has been that the prosecution did not have to prove fault on the defendant’s part in respect of the element of age in statutory offences created for the protection of the young. Many statutes have been drafted (or amended), and thousands upon thousands of defendants have been convicted, on this basis. But no longer. For the Appellate Committee has decreed, without giving any reasons for doing so-there is just a bare assertion (B. v. D.P.P. [2000] A.C. 428, reversing a unanimous decision of a strong Divisional Court: [1998] 4 All E.R. 265)-that “an age-related ingredient of a statutory offence stands on no different footing from any other ingredient”, and that proof of fault (in the shape of the absence of a belief-reasonable or unreasonable-that the child is above the proscribed age) is required unless excluded by Parliament either expressly or by “necessary implication, … [that is, by] an implication which is compellingly clear” (Lord Nicholls). “Such an implication”, we are told, “may be found in the language used, the nature of the offence, the mischief sought to be prevented, and any other circumstances which may assist in determining what intention is to be attributed to Parliament when creating the offence” (ibid.). This is, of course, none other than the all too depressingly familiar litany of vague, overlapping criteria which from time out of mind has signally failed to compel from the judges predictable answers to the question whether, when Parliament has been silent on the point, a person must, if she is to be convicted of a given offence, be presumed to have been at fault in respect of all, or some, of its external elements. The reference to a silent legislature’s intention is to a fiction-a mere rhetorical device. There is, as everyone knows, only one sure and compelling guide: the express provision of a no-fault defence logically precludes a requirement to prove fault in regard to the matter to which it refers.
ENTRAPMENT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Authors: Spencer J.R.
Published: July 2008

AN acutely difficult question of principle arises when a person commits an offence because the police incite him to do so. For the civil libertarian, “undercover agents” (as the prosecution will seek to call them) usually go by another and nastier name: secret police. Even for authoritarians entrapment is of dubious value, because policemen find the crimes they have themselves incited particularly easy to solve-and if we condone entrapment too readily we risk having a police force which expends its energy on committing new crimes instead of solving old ones. But regrettably, the use of entrapment is something effective crime prevention occasionally requires.
SALE OF GOODS-REMEDY OF REJECTION-HOW QUICKLY IS THE RIGHT LOST?
Authors: Hedley Steve
Published: July 2008

WHILE the precise time allowed for a buyer to reject faulty goods is by no means clear, it has been understood to be short. A buyer who thought in terms of weeks, rather than days, for effecting a return might easily find himself out of time. And while the Sale of Goods Act 1979 (as amended) now guarantees a reasonable opportunity for the inspection of the goods, there are some situations where buyers who have acted with complete circumspection might still find themselves unable to reject. It is therefore quite surprising (if, indeed, stronger expressions are not called for) to find rejection of goods permitted after more than a year had passed since delivery-and this in a case where the defect could readily have been discovered on the day of delivery: Truk (UK) Ltd. v. Tokmakidis GmbH [2000] 2 All E.R. (Comm) 594. While the case does not directly conflict with any prior precedent, it does indicate an important new departure, considerably more generous to buyers.
EQUALITY ON DIVORCE?
Authors: Miles Joanna
Published: July 2008

AS Lord Nicholls observed, “Divorce creates many problems”. Not least of these is determining the basis on which property should be divided between divorcing spouses, a problem with which the House of Lords had to grapple for the first time in White v. White [2000] 3 W.L.R. 1571. The case required consideration of the principles which should guide exercise of the discretion under the Matrimonial Causes Act 1973 to make capital awards, in particular in so-called “big money” cases. But the decision invites discussion of issues extending beyond the concerns of the super-rich.
SLOW PROGRESS IN STRIKING OUT DILATORY LITIGANTS: “NO SECOND BITE AT THE CHERRY”
Authors: Andrews N.H.
Published: July 2008

FOR many years the problem of delay has plagued English civil proceedings. The main instrument used to counter it has been the power to strike out claims on the basis of “want of prosecution” (Allen v. Sir Alfred McAlpine & Sons Ltd. [1968] 2 Q.B. 229, C.A.; Birkett v. James [1978] A.C. 297, H.L.). But, notoriously, this doctrine long ago lost its snap. Now the Court of Appeal in Securum Finance Ltd. v. Ashton [2000] 3 W.L.R. 1400 has sharpened the doctrine’s bite, or at least lengthened its leash, by deciding that this power of dismissal extends to claims which are not yet statute barred.
Chinese Democracy after Tiananmen. By Yijiang Ding. [Vancouver: UBC Press, 2001. 184 pp. $75.00. ISBN 0-7748-0838-1.]
Authors: Goldman Merle
Published: July 2008

Yijiang Ding, a professor of political science at Okanagan University College in Canada, analyses the changes in the intellectual discourse on democracy in China during the last decade of the 20th century. He concludes that a major change has occurred in the discussions on the relationship between state and society that is transforming the Chinese political scene. Conceptually, much of the discourse focuses on the dualism between state and society, which he views as a departure from the Leninist concept of democratic centralism, that is the Party-state, as well as from the traditional Chinese view of state and society.
Implementing Human Rights through Administrative Law Reforms: The Potential in China and Vietnam. By Karin Buhmann. [Copenhagen: Djof Publishing, 2001. 603 pp. €59.00. ISBN 87-574-0756-8.]
Authors: Gillespie John
Published: July 2008

In her interesting and useful book, Karin Buhmann evaluates the potential for civil rights and ‘good-governance’ reforms to improve public administration and human rights in China and Vietnam. She argues that ‘good governance’ reforms promoting transparency and accountable discretionary power, more effectively enhance human rights observance than civil rights dialogues. The book examines the pre-modern indigenous roots of administrative rule in China and Vietnam, searches for comparative East Asian human rights and then evaluates complementalities between Western ‘good governance’ and East Asian public administration.
Yen Bloc: Toward Economic Integration in Asia. By C. H. Kwan. [Washington, DC: Brookings Institution Press, 2001. xviii+224 pp. £16.95, $22.95. ISBN 0-8157-0083-0.]
Authors: Kwan Fung
Published: July 2008

Asian economies have long pegged their exchange rates to the US dollar and used the dollar in international transactions. The increasing importance of intra- and extra-regional trade, together with the latest financial crisis and the adoption of a single currency in Europe, raises the question of forming an international monetary union in Asia.
Governing Hong Kong: Legitimacy, Communication and Political Decay. By Lo Shiu-hing. [New York: Nova Science, 2001. xii+349 pp. $69.00. ISBN 1-59033-095-1.]
Authors: Yee Herbert S.
Published: July 2008

This book argues that the HKSAR government has encountered a crisis of performance legitimacy. Legitimacy, according to Huntington, has procedure and performance aspects. As the HKSAR's Chief Executive is not directly elected by universal suffrage, his procedure legitimacy is relatively weak and he has to rely on performance to buttress legitimacy. Unfortunately, from July 1997 to April 2001, the performance legitimacy of the HKSAR government was plagued by mismanagement of the civil service and of various crises.
The Manchu Way: The Eight Banners and Ethnic Identity in Late Imperial China. By Mark C. Elliott. [Stanford: Stanford University Press, 2001. xxiii+580 pp. £47.50, $65.00. ISBN 08047-3606-5.]
Authors: Finnane Antonia
Published: July 2008

Why does the term ‘ethnic’ sound so odd when inserted into histories of non-contemporary societies? This is one of the problems with which Mark Elliott struggles in his engaging study of the politics of difference in Qing China. The answer is that the term ‘ethnic’ has come into general circulation only in relatively recent times, and then in the context of national societies that have had increasingly to cope with the challenge of accommodating a variety of descent groups.
Civil Government in Warlord China: Tradition, Modernization and Manchuria. By Ronald Suleski. [Bern and New York: Peter Lang, 2002. xvi+302 pp. £44.00. ISBN 0-8204-5278-5.]
Authors: Mitter Rana
Published: July 2008

Manchuria is slowly beginning to rival Shanghai in popularity as a topic for new work in Republican Chinese history. As in Shanghai, it is clear that the most crucial questions about nationalism, war, stability and modernization all came to a head in the north-eastern provinces of China. Ronald Suleski's book is a welcome addition to the studies on these topics, providing an innovative and well-supported argument to show that, far from being merely a desert of endless warlord battles, the early Republic (1911–1928) was a time when differing ideas of the way forward for China battled for supremacy.
Nanking 1937: Memory and Healing. Edited by Fei Fei Li, Robert Sabella and David Liu. [New York and London: M. E. Sharpe, 2002. xxvi+304 pp. Hard cover $64.65, ISBN 0-7656-0816-2; paperback $23.95, ISBN 0-7656-0817-1.]
Authors: Kaiyuan Zhang , Jiafeng Liu
Published: July 2008

For many years the Nanking massacre of December 1937 was not well known in the Western world as various international political factors prevented recognition of the event. This has now changed. In recent years, much new documentation has been discovered and published, including John Rabe's diary, and the documents of a group of American missionaries who remained in Nanking during the atrocity. The emergence of these documents and Iris Chang's best selling book, The Rape of Nanking, has aroused international attention and discussion.
Everyday Forms of Compliance: Subaltern Commentaries on Ottoman Reform, 1864–1868
Authors: Petrov Milen V.
Published: July 2008

The Tanzimat—a series of legal and administrative reforms implemented in the Ottoman empire between 1839 and 1876—has been described by Roderic Davison as a modernization campaign whose momentum came “from the top down and from the outside in.” There can be little doubt about the basic historical veracity of this characterization. Ottoman reform was indeed the brainchild of a small, albeit influential, portion of the imperial bureaucratic elite and its direction and timing were undeniably influenced by foreign diplomatic pressure (in the context of the so-called “Eastern Question”). But by characterizing, correctly, the Tanzimat as a state-led, elitist project, Davison's argument enters an interpretive vicious circle which seems to be more a reflection of twentieth-century political sensibilities than of nineteenth-century realities. A “top-down” political project, according to this argument, is by definition less likely to succeed than a project that has “vigorous popular support.” And, since we know that the project in question ultimately failed to stop the breakup of the empire, it must indeed have lacked such support.
Between Mimesis and Alterity: Art, Gift, and Diplomacy in Colonial India, 1770–1800
Authors: Eaton Natasha
Published: July 2008

Today cultural thingness is on the agenda. What Appadurai has called “methodological fetishism” has become the byword for a new type of inquiry into the ontology of possession and circulation of things. Of these, the Maussian ’gift' has emerged as an organizing topos for other institutions of exchange not structured by the contractual rationality of commodity.
BOUNDEDNESS OF FOURIER INTEGRAL OPERATORS ON HARDY SPACES
Authors: Peloso Marco M. , Secco Silvia
Published: July 2008

For $0\ltp\le1$, let $h^p(\mathbb{R}^n)$ denote the local Hardy space. Let $\mathcal{F}$ be a Fourier integral operator defined by the oscillatory integral

$$ \mathcal{F}f(x)=\iint_{\mathbb{R}^{2n}}\exp(2\pi\mathrm{i}(\phi(x,\xi)-y\cdot\xi))b(x,y,\xi)f(y)\,\mathrm{d} y\,\mathrm{d}\xi, $$

where $\phi$ is a $\mathcal{C}^\infty$ non-degenerate real phase function, and $b$ is a symbol of order $\mu$ and type $(\rho,1-\rho)$, $\sfrac12\lt\rho\le1$, vanishing for $x$ outside a compact set of $\mathbb{R}^n$. We show that when $p\le1$ and $\mu\le-(n-1)(1/p-1/2)$ then $\mathcal{F}$ initially defined on Schwartz functions in $h^p(\mathbb{R}^n)$ extends to a bounded operator $\mathcal{F}:h^p(\mathbb{R}^n)\rightarrow h^p(\mathbb{R}^n)$. The range of $p$ and $\mu$ is sharp. This result extends to the local Hardy spaces the seminal result of Seeger \et for the $L^p$ spaces. As immediate applications we prove the boundedness of smooth Radon transforms on hypersurfaces with non-vanishing Gaussian curvature on the local Hardy spaces.

Finally, we prove a local version for the boundedness of Fourier integral operators on local Hardy spaces on smooth Riemannian manifolds of bounded geometry.
ORLICZ–POINCARÉ INEQUALITIES
Authors: Wang Feng-Yu
Published: July 2008

Corresponding to known results on Orlicz–Sobolev inequalities which are stronger than the Poincaré inequality, this paper studies the weaker Orlicz–Poincaré inequality. More precisely, for any Young function $\varPhi$ whose growth is slower than quadric, the Orlicz–Poincaré inequality

$$ \|f\|_\varPhi^2\le C\E(f,f),\qquad\mu(f):=\int f\,\mathrm{d}\mu=0 $$

is studied by using the well-developed weak Poincaré inequalities, where $\E$ is a conservative Dirichlet form on $L^2(\mu)$ for some probability measure $\mu$. In particular, criteria and concrete sharp examples of this inequality are presented for $\varPhi(r)=r^p$ $(p\in[1,2))$ and $\varPhi(r)= r^2\log^{-\delta}(\mathrm{e} +r^2)$ $(\delta>0)$. Concentration of measures and analogous results for non-conservative Dirichlet forms are also obtained. As an application, the convergence rate of porous media equations is described.
GLOBAL ATTRACTIVITY IN A PREDATOR–PREY SYSTEM WITH PURE DELAYS
Authors: Tang X. H. , Zou Xingfu
Published: July 2008

We consider a delay predator–prey system without instantaneous negative feedback and establish some conditions for global attractivity of the positive equilibrium of the system which generalize and improve some of the existing ones. When the system is decoupled, one of the main results reduces to the well-known Wright 3/2 stability condition for the delayed logistic equation.
A NOTE ON RANDOM HOLOMORPHIC ITERATION IN CONVEX DOMAINS
Authors: Bracci Filippo
Published: July 2008

We introduce a geometric condition of Bloch type which guarantees that a subset of a bounded convex domain in several complex variables is degenerate with respect to every iterated function system. Furthermore, we discuss the relations of such a Bloch-type condition with the analogous hyperbolic Lipschitz condition.
ON EIGENVALUE PROBLEMS FOR ELLIPTIC HEMIVARIATIONAL INEQUALITIES
Authors: Liu Zhenhai , Liu Guifang
Published: July 2008

This paper is devoted to the Dirichlet problem for quasilinear elliptic hemivariational inequalities at resonance as well as at non-resonance. Using Clarke's notion of the generalized gradient and the property of the first eigenfunction, we also build a Landesman–Lazer theory in the non-smooth framework of quasilinear elliptic hemivariational inequalities.
CONSTRUCTION OF ELLIPTIC DIFFUSIONS WITH REFLECTING BOUNDARY CONDITION AND AN APPLICATION TO CONTINUOUS N-PARTICLE SYSTEMS WITH SINGULAR INTERACTIONS
Authors: Fattler Torben , Grothaus Martin
Published: July 2008

We give a Dirichlet form approach for the construction and analysis of elliptic diffusions in $\bar{\varOmega}\subset\mathbb{R}^n$ with reflecting boundary condition. The problem is formulated in an $L^2$-setting with respect to a reference measure $\mu$ on $\bar{\varOmega}$ having an integrable, $\mathrm{d} x$-almost everywhere (a.e.) positive density $\varrho$ with respect to the Lebesgue measure. The symmetric Dirichlet forms $(\mathcal{E}^{\varrho,a},D(\mathcal{E}^{\varrho,a}))$ we consider are the closure of the symmetric bilinear forms

\begin{gather*} \mathcal{E}^{\varrho,a}(f,g)=\sum_{i,j=1}^n\int_{\varOmega}\partial_ifa_{ij} \partial_jg\,\mathrm{d}\mu,\quad f,g\in\mathcal{D}, \\ \mathcal{D}=\{f\in C(\bar{\varOmega})\mid f\in W^{1,1}_{\mathrm{loc}}(\varOmega),\ \mathcal{E}^{\varrho,a}(f,f)\lt\infty\}, \end{gather*}

in $L^2(\bar{\varOmega},\mu)$, where $a$ is a symmetric, elliptic, $n\times n$-matrix-valued measurable function on $\bar{\varOmega}$. Assuming that $\varOmega$ is an open, relatively compact set with boundary $\partial\varOmega$ of Lebesgue measure zero and that $\varrho$ satisfies the Hamza condition, we can show that $(\mathcal{E}^{\varrho,a},D(\mathcal{E}^{\varrho,a}))$ is a local, quasi-regular Dirichlet form. Hence, it has an associated self-adjoint generator $(L^{\varrho,a},D(L^{\varrho,a}))$ and diffusion process $\bm{M}^{\varrho,a}$ (i.e. an associated strong Markov process with continuous sample paths). Furthermore, since $1\in D(\mathcal{E}^{\varrho,a})$ (due to the Neumann boundary condition) and $\mathcal{E}^{\varrho,a}(1,1)=0$, we obtain a conservative process $\bm{M}^{\varrho,a}$ (i.e. $\bm{M}^{\varrho,a}$ has infinite lifetime). Additionally, assuming that $\sqrt{\varrho}\in W^{1,2}(\varOmega)\cap C(\bar{\varOmega})$ or that $\varrho$ is bounded, $\varOmega$ is convex and $\{\varrho=0\}$ has codimension at least 2, we can show that the set $\{\varrho=0\}$ has $\mathcal{E}^{\varrho,a}$-capacity zero. Therefore, in this case we can even construct an associated conservative diffusion process in $\{\varrho>0\}$. This is essential for our application to continuous $N$-particle systems with singular interactions. Note that for the construction of the self-adjoint generator $(L^{\varrho,a},D(L^{\varrho,a}))$ and the Markov process $\bm{M}^{\varrho,a}$ we do not need to assume any differentiability condition on $\varrho$ and $a$. We obtain the following explicit representation of the generator for $\sqrt{\varrho}\in W^{1,2}(\varOmega)$ and $a\in W^{1,\infty}(\varOmega)$:

$$ L^{\varrho,a}=\sum_{i,j=1}^n\partial_i(a_{ij}\partial_j)+\partial_i(\log\varrho)a_{ij}\partial_j. $$

Note that the drift term can be singular, because we allow $\varrho$ to be zero on a set of Lebesgue measure zero. Our assumptions in this paper even allow a drift that is not integrable with respect to the Lebesgue measure.
Volatile fraction and sensory characteristics of Manchego cheese. 1. Comparison of raw and pasteurized milk cheese
Authors: FERNÁNDEZ-GARCÍA ESTRELLA , CARBONELL MARÍA , NUÑEZ MANUEL
Published: July 2008

Manchego cheese can be manufactured from raw or pasteurized ewes' milk. An automatic purge and trap apparatus, coupled to a GC-MS was used to isolate, identify and compare the relative amounts of the volatile components of raw and pasteurized Manchego cheese during ripening. The majority of volatile compounds were more abundant in raw milk (RM) cheeses than in pasteurized milk (PM) cheeses. Alcohols and esters predominated in the profile of RM Manchego cheese, while methyl-ketones and 2,3-butanedione were quantitatively important in PM cheeses. Branched chain alcohols were much more abundant in RM cheeses. The discriminant analysis separated 100% samples into RM or PM cheeses by using only 16 volatile compounds. Aroma intensity was correlated with esters, branched chain aldehydes and branched chain alcohols in RM cheeses, and with esters, branched chain aldehydes, 2-methyl ketones and 2-alkanols in PM cheeses. Diacetyl was positively correlated with the aroma attribute ‘toasted’ and negatively correlated with aroma quality in PM cheeses.
Milkline vacuum stability in milking machine installations
Authors: RøNNINGEN ODD
Published: July 2008

Transient vacuum drops in the milkline during one ordinary milking were recorded as a measure of vacuum stability in milking installations on 184 Norwegian dairy farms in the summer of 1997. An association between the frequency of vacuum drops and technical data including milkline diameter, length and slope, number of milking units and effective reserve was demonstrated. The direct connection between the transient vacuum drop and its cause could be established for most drops during milking observations. A high frequency of transient vacuum drops in the milkline was associated with a high level of mastitis and a high new infection rate as inferred from changes in somatic cell counts for individual cows. The frequency of vacuum drops during one milking is only a rough indication of the long-term vacuum stability in a specific installation, and must be interpreted with care. The dimensions and slope of the milkline and the effective reserve probably give as good information about the installation's ability to maintain a stable vacuum.
Changes in legal-sexual discourses: sex crimes in the Ottoman empire
Authors: ZE EVI DROR
Published: July 2008

Through an examination of sixteenth-century Ottoman criminal codes pertaining to sexual crimes and their punishment, the article builds on the work of others who have attempted to streamline Islamic legal discourse and new legislation, mainly in the era of Süleyman the Magnificent. An emerging governing elite, recruited through slavery and attached to the sultan's household through marriage and patronage, attempted to create a legal system that, while committed to the tenets of Islamic law, promoted the new values of a dynamic group of people, which differed in many ways from those envisaged by the sharī a. The new legal codes suggest a change in discourse and outlook regarding various aspects of sexuality, gender differences, and concepts of crime and punishment.
Parents and their minor children: familial politics in the middle Maghrib in the eighth/fourteenth century
Authors: POWERS DAVID S.
Published: July 2008

In this essay I reconstruct a dispute that occurred in the middle Maghrib during the first half of the eighth/fourteenth century among members of a wealthy family with strong ties to the state. The pre mortem transfer of shares of a mill to minor children, one male and the other female, carried out ca. 705/1305 became problematic 20 years later, long after the children's father had died. The widowed mother used her position as legal guardian to prevent her daughter – now grown up and married – from exercising effective control over her shares of the mill; eventually, the mother sold her daughter's shares of the mill to her son, a jurist employed by the state. When her attempts to settle the dispute within the family proved unsuccessful, the daughter took her case to a sharī a court judge; the latter solicited the legal advice of a muftī, who called for nullification of the sale. The case sheds light on the operation of the Islamic legal system, points to the willingness of legal actors to uphold the rights of a female against a powerful male relative, and suggests that Muslim judges enjoyed a relatively large measure of judicial autonomy.
A REVISION OF MACARONESIAN RUBUS TAXA (ROSACEAE)
Authors: MATZKE-HAJEK G.
Published: July 2008

The taxonomy and nomenclature of the Rubus species (sub)endemic to Madeira and the Azores are treated. Only three species names have to be retained: R. bollei Focke (synonyms: R. canariensis Focke, R. concolor Lowe, R. suspiciosus Menezes, R. vahlii Frid.), R. hochstetterorum Seub., and R. serrae Soldano (R. grandifolius Lowe). The last two species are described and illustrated. Three names are lectotypified. A key to Rubus of the Macaronesian region (five native species, one hybrid, one neophyte) is provided.
Morality and Biology in the Spanish Civil War: Psychiatrists, Revolution and Women Prisoners in Málaga
Authors: Richards Michael
Published: July 2008

The psychiatric study of women prisoners in the city of Málaga during the Spanish Civil War provides a starting point for a two-part analysis of the gendered tension between biology and morality. First, the relationship of organic psychiatry and bio-typologies to, in turn, liberalism and neo-Thomist Catholicism is discussed. The supposedly ‘biological’ roots of conditions such as hysteria and their link to women's revolutionary behaviour are examined. Second, prison records are used to examine the material conditions of women in the city and the gendered construction of their moral culpability during the revolution. Both medical science and Catholic doctrine could be exploited in declaring the indissolubility of gendered morality.
Editorial: a man and his prizes
Authors: FRÄNGSMYR TORE
Published: July 2008

This year is the 100th anniversary of the Nobel Prizes. On 10 December 1901, Röntgen received the first prize. Since then, some 700 Nobel Laureates have received the same honour. No prize in the world, at least no prize for science, has reached the same level of glory. How did it come to be so?
Reaching for my revolver. Problems with the concept of culture
Authors: GARNHAM NICHOLAS
Published: July 2008

The definition of the term culture has become so vague as to be almost synonymous with human life; as an analytic term it has become nearly valueless. Of course, it can be used as a description of artistic activity, but this also becomes dubious when applied to popular mass culture. Culture often carries a sense of superior ethical values, but this too declines into confusion when multiculturism is opposed to culture as a whole.
World literature in French; or Is Francophonie frankly phoney?
Authors: LITTLE ROGER
Published: July 2008

However valuable as a term defining – by a shared language – a grouping of nations, ‘la Francophonie’ proves imprecise and divisive on closer analysis. In the field of literature, ‘Francophone’, despite its etymology (and the consequent absurdity of the phrase ‘Francophone literature’), has paradoxically come to exclude white writers from metropolitan France. At a time when the population of France is becoming increasingly multi-ethnic, any exclusion tainted with racism is particularly inappropriate. The centralizing mentality of France, politically motivated in the seventeenth century and entrenched over the years, is at odds with the ambition of universality except in terms of an assumed superiority through conquest or paternalism. The ‘mission civilisatrice’ has become the more insinuating ‘présence française’. For the literary scholar alert both to postcolonial discourses and to the heretofore marginalized texts of French literature dealing with blacks as well as to the dynamic contribution by black writers to literature in French, a new term is proposed: ‘la Francographie’. To replace the binary polarisation of French and Francophone, which fosters oppositional stances, comes a new model appropriate for our computer age: the net.
A European civilization: is there any such thing?
Authors: FERNÁNDEZ-ARMESTO FELIPE
Published: July 2008

There is no culture that is both general throughout Europe and unique to Europe. So we cannot speak of a ‘European civilization’ in the same sense as in phrases such as ‘Chinese civilization’ or ‘Jewish civilization’ or ‘French civilization’. It is therefore prudent not to appeal to the concept of a European civilization in an attempt to justify the attempt to create a European Union or to accelerate the process of Europe-wide state-building. Nor should we feel constrained by such a concept: the future of a European Union should not be influenced by current or traditional ideas of what European civilization is, since such ideas are mistaken: it can be as protean and pluralistic as we wish to make it.