bluuebunny/crossref_metadata_2025 huggingface dataset:
Experimental analysis of airbag seam design: high-rate shear testing for skin abrasions
Authors: Duma S M , Cormier J M , Hurst W J , Stitzel J D , Herring I P
Published: October 2011

Approximately 66 per cent of all airbag deployments in the USA result in at least one skin injury, with 47 per cent of these skin injuries attributed directly to the airbag deployment. The purpose of the present study was to evaluate the risk of skin abrasions from the airbag fabric seam design by using a new shear testing methodology. High-rate shear loading was performed with a pneumatic impactor that propelled a section of airbag fabric across porcine skin at 85 m/s. Twenty-seven tests (three control and 24 with fabric) were performed using eight different seam designs. A 40 cm × 10 cm section of airbag fabric with each seam was forced across a 5 cm × 5 cm section of fresh porcine skin that was acquired within 2 h post-mortem. No abrasions were observed in the three control tests, but abrasions were observed in all 24 of the tests conducted using airbag fabric. The unturned, sewn seam orientation resulted in significantly more severe abrasions than the woven, unturned seam orientation ( P = 0.01). This new system and results illustrate that different seam designs can result in different skin abrasion risk. Moreover, the data show that severe abrasions can be caused by normal pressures well below the 1.75 MPa injury threshold previously published.
Multi-frequency modelling of unsteady flow in the inlet manifold of an internal combustion engine
Authors: Chalet D , Mahe A , Migaud J , Hetet J-F
Published: October 2011

Pressure wave propagation in the inlet and exhaust manifolds of internal combustion engines is an important phenomenon which affects the filling and emptying of the cylinders. The objective of this paper is to present a new methodology that takes into account this phenomenon without the use of a one-dimensional resolution scheme. First, an analogy is made between the compressible air in a pipe and a mechanical ideal mass–damper–spring system. A multi-frequency model is then presented. The principle of the model is to define a link between the pressure and the flow velocity by means of the impedance. The parameters of this model can be determined using a flow bench working in unsteady conditions and called the ‘dynamic flow bench’. The new model is then tested with a more complex geometry. The latter corresponds to a specific air intake system of an internal combustion engine. It is then possible to introduce the new model into an internal combustion engine simulation code and to compare the numerical results with the experimental data. Good agreement is obtained between the two, and the new multi-frequency model appears to be an alternative method for modelling the pressure waves in the intake and exhaust systems of internal combustion engines. It is therefore possible to reduce the computational times.
The role of BsmI and FokI vitamin D receptor gene polymorphisms and serum 25-hydroxyvitamin D in Brazilian patients with systemic lupus erythematosus
Authors: Monticielo OA , Brenol JCT , Chies JAB , Longo MGF , Rucatti GG , Scalco R , Xavier RM
Published: October 2011

Vitamin D deficiency has been described in systemic lupus erythematosus (SLE). BsmI VDR (vitamin D receptor) gene polymorphism was associated with SLE in Asian patients. Studies in Brazilian populations have not been realized. A case-control study with 195 SLE patients and 201 healthy controls was conducted to investigate the influence of BsmI and FokI VDR gene polymorphisms on susceptibility to SLE. In addition, 25-hydroxyvitamin D [25(OH)D] was measured in SLE patients to evaluate possible associations with VDR polymorphic variants and clinical and laboratory expressions of disease. Genotyping was performed by RFLP-PCR. The measurement of 25(OH)D was performed by chemiluminescence. There was no statistically significant difference in genotype and allelic frequencies of BsmI and FokI polymorphisms between European-derived cases and controls. The mean serum levels of 25(OH)D were 25.51 ± 11.43 ng/ml in SLE patients. According to genotype distribution, 25(OH)D concentrations were significantly higher in patients carrying the FokI f/f genotype compared with patients carrying the F/F genotype (31.6 ± 14.1 ng/ml versus 23.0 ± 9.2 ng/ml, p = 0.004), reinforcing its role in the functional activity of VDR. This feature may be considered in future clinical and experimental studies involving vitamin D measurements. Therefore, genetic-specific definitions of ideal levels of vitamin D in SLE need to be established in future studies.
Engineering Human Tissue and Regulation: Confronting Biology and Law to Bridge the Gaps
Authors: Longley Diane , Lawford Pat
Published: October 2011

There are a number of difficulties confronting the regulation of human tissue engineered products, from the scientific, ethical and legal perspectives. Many of these issues are international in scope and any responses must. consider the global implications of marketing and monitoring these products. The article argues that as tissue engineered products become more available regulatory authorities should not be I pressured into adopting possibly inappropriate measures, but must consider all the factors relevant to human health, including the need for innovative regulatory mechanisms as well as innovative tissue products themselves.
A Shot in the Arm for the Military: Consent to Immunisation Against Biological Warfare Agents
Authors: Gibson T.M.
Published: October 2011

The risk to Britain's Armed Forces from Biological Warfare (BW) is low but without protection their use would be devastating. Available protective measures include immunisation.

The Government owes a legal duty of care to Servicemen to provide protection against a range of hazards, including those of BW. The State also owes Servicemen a duty of care to allow free and informed consent or free and informed refusal to medical procedures, including immunisation. However, refusal by key personnel to accept BW immunisation could degrade operational capability. Resolution between these two, potentially conflicting, duties of care may be controversial. To override a soldier's expressed interests would rank society's needs higher than those of the individual. Yet there are circumstances, such as exposure of Servicemen to BW used by an aggressor, where this would be ethically acceptable.

The State's interests, combined with the best interests of the Serviceman, provide adequate ethical argument for both occupational immunisation (where it is an entry criterion for the Armed Forces) and mandatory immunisation (where disciplinary action may be taken against the non-compliant). Historically, both approaches have been used for public health immunisations and the legal framework already exists for both.
Article Commentary: Access to Health Care Services as a Justiciable Socio-Economic Right under the South African Constitution
Authors: Ngwena Charles
Published: October 2011

This commentary describes and analyses the decision of the Constitutional Court of South Africa in Minister of Health and Others v Treatment Action Campaign and Others where the South African government was found to have violated the right of access to health care under the Constitution. Section 27 (1) guarantees everyone a right of access to health care services. Section 27 (2) imposes on the state a duty to take reasonable measures within its available resources to achieve the progressive realisation of this right.

To the extent that government was unreasonably delaying access to patently affordable life-saving therapy for the prevention of mother-to-child transmission of HIV to a class of persons that was largely vulnerable and indigent, it is submitted that the case was correctly decided. However, there is little doubt that the decision, and in particular the prescriptive nature of the remedy granted by the Court and its budgetary implications, do not sit easily with a traditional notion of separation of powers between the judiciary on the one hand, and the executive and Parliament on the other. At the same time, it must be accepted that the remedy and its budgetary implications are an inevitable consequence of the inclusion of justiciable socio-economic rights in the Bill of Rights.

The principles that were applied by the Court in determining the case were largely drawn from jurisprudence developed by organs under treaty bodies, and in particular the Committee on Economic, Social and Cultural Rights.
The Regulation of Genetic Research and the Commercialisation of its Results in Finland
Authors: Walin Laura
Published: October 2011

The regulation of modern genetic research challenges the basic structures of Western legal systems, requiring new approaches and novel legal instruments. This article analyses the legislation adopted in Finland concerning biobanks, gene therapy, preimplantation genetic diagnosis, human cloning, embryo research and genetically modified organisms. An empirical survey of gene-related Finnish patents is also presented. In Finland, genetic research is regulated at four somewhat different but complementary levels. Parliamentary legislation, administrative control, professional self-regulation and public opinion operate together in the atmosphere of permissive technology-optimism. Of these, administrative control and professional self-control appear to be most important. Parliamentary legislation only provides rough guidelines and public discussion is rare and mildly toned. Whatever the mechanism for controlling genetic research, however, the reasons for such control can be derived from the protection of some basic right or freedom.
Human Tissue Legislation and Medical Practice: A Benefit or a Burden?
Authors: McLean Sheila A.M. , Campbell Alastair , Gutridge Kerry , Harper Helen
Published: October 2011

The scandals surrounding organ removal and retention throughout the United Kingdom provoked several Inquiries and ultimately led to law reform. Although the medical professions were well represented at the Inquiries, little was heard of the voices of those at the ‘coal face’. In this scoping study, funded by the Wellcome Trust, we interviewed a number of doctors and others engaged in the uses of human tissue and organs to explore their hopes, concerns and fears about the role of the law in their practices. We found that those involved in transplantation were more aware of, and more actively involve with, the law, whereas others, such as pathologists, had less direct engagement with the law. Most of those we interviewed expressed the hope that law reform would provide much-needed clarity. Although some expressed concern that the law might be over-intrusive, most felt that the placing of authority firmly in the hands of the person him or her self to decide what should happen to their bodies was to be welcomed.
Data Protection, Shared (Genetic) Data and Genetic Discrimination
Authors: Taylor Mark J.
Published: October 2011

Family members do not enjoy the data protection they deserve with regard to shared genetic data. The Data Protection Directive 95/46/EC is orientated around the notions of ‘personal data’ and ‘data subject’ and its implementation throughout Europe leaves individuals who share data in an unfortunately uncertain position.

Member States have failed to provide for the possibility of multiple data subjects by appropriately qualifying their rights and freedoms (through Article 13). Rather than recognise rights without such qualification, the Courts are moving toward an understanding of ‘personal data’ that denies relatives the status of data subjects with respect to shared (genetic) data in any circumstances.

The consequence is a category of individuals — whom might be identifiably associated with data capable of affecting their enjoyment of fundamental rights and freedoms — subject to blanket exclusion from the protection envisaged by Directive 95/46/EC. The free-flow of information around Europe is undesirable until the data protection regime is configured to provide equal protection to all.
Setting a Dangerous Precedent? Ethical Issues in Human Genetic Database Research
Authors: Takala Tuija
Published: October 2011

Large scale human genetic databases are believed to hold great promise for human wellbeing. The problem is that existing research ethics guidelines, especially those regarding the requirements of informed consent and confidentiality would make research with such databases impossible. This has led some commentators to argue that we should relax the rules of ethics to facilitate research. In this paper it is questioned whether relaxing the rules would be justified and shown how such changes, if adopted, might suggest similar changes in other fields of research. As a solution, to enable human genetic database research without unnecessarily sacrificing ethical codes, the concept of ‘blind consent’ is put forward and arguments for upholding the anonymity of the samples wherever possible are provided.
Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?
Authors: Cave Emma
Published: October 2011

Alcohol and drug misuse in pregnancy can cause long-term harm to the born-alive child. Where pregnant women decide to bring the foetus to term but resist medical treatment that will benefit them both, there are two ways in which the law might force it upon them. English courts have resisted the first option which is to grant the foetus a limited right to life under Article 2 of the Human Rights Act 1998. The second option is to utilise existing criminal, medical and mental health laws to compel pregnant women into treatment for their own good. Some states in the USA utilise such measures. This article considers the potential to do so in English law and the consequences for drug and alcohol dependent pregnant women and their children.
The Declaratory Judgement: Old and New Law in “Medical” Cases
Authors: Williams Glenys
Published: October 2011

The mental capacity act was fully implemented in october 2007. Under the act, a new Court of Protection will be established, which will, in addition to its many other functions, have the authority to deal with cases currently heard under the High Court's inherent jurisdiction. When making decisions on behalf of mentally incapacitated adults, the High Court has used its declaratory jurisdiction to great advantage in declaring not only the lawfulness/unlawfulness of actions, but also to ascertain whether or not a person is incapacitated and in the event that he/she is, what that person's best interests are.

The Act has, to a great extent, codified these common law principles in its key provisions, but as it has not expressly superseded the common law, the new court is expected to rely on previous jurisprudence in the interpretation of the legislative provisions. This article thus examines the background and development of the declaratory jurisdiction and how this will influence the way in which the new Court of Protection will make decisions on behalf of mentally incapacitated adults in the future.
Embryonic HLA Tissue Typing and Made-To-Match Siblings: The New Zealand Position
Authors: Snelling Jeanne
Published: October 2011

In the absence of an HLA-identical donor, the parents of a seriously ill child in need of a haematopoietic stem cell (HSC) transplant may wish to conceive another child who is a tissue match and who may act as an HSC donor for their sick child. Embryonic human leukocyte antigen (HLA) tissue typing by means of preimplantation genetic diagnosis involves testing embryos to determine whether they are a tissue match with a would-be sibling in need of a transplant. Ethical Guidelines for performing PGD with HLA tissue typing were first introduced in New Zealand in March 2005. These guidelines have since been designated interim guidelines of the New Zealand statutory policy-making body, the Advisory Committee on Assisted Reproductive Technology, pursuant to provisions of the Human Assisted Reproductive Technology Act 2004. The interim guidelines are currently under review. This article argues that the restrictive position adopted by the interim guidelines and the proposed replacement guideline is problematic.
Could Physician-Assisted Suicide be Classified as a Service Under Article 49 of the European Community Treaty?
Authors: Slight Ben P.
Published: October 2011

This paper considers whether it is possible to classify physician assisted suicide (PAS) as a ‘service’ for the purposes of Article 49 of the European Community Treaty. It suggests that if PAS were to be formally recognised as a ‘service’ for the purposes of European Community (EC) Law, it is unlikely that the UK Government would be able to deny terminally ill Britons from exercising their rights as EU Citizens to obtain PAS in the more permissive jurisdictions of Member States. This paper will demonstrate that the provision of PAS in a Member State by a Dignitas-type organisation could easily fulfil the requirements of Article 49 and be recognised as a service under Community Law. Owing to the considerable rights that the classification of PAS as a ‘service’ under EC Law would afford terminally ill individuals, the paper will examine the case law of the European Court of Justice relating to the free movement of services. This jurisprudential analysis will contend that it is unlikely that a Member State could invoke any of the agreed exceptions to Article 49 as a method of restricting the availability of PAS as a service within its jurisdiction.
Procreative Autonomy and the human Fertilisation and Embryology Act 2008: Does a Coherent Conception Underpin UK Law?
Authors: Eijkholt Marleen
Published: October 2011

In the twenty years since the enactment of the Human Fertilisation and Embryology Act 1990, rapid and radical developments in reproductive technologies have created new options for procreation. Legislation passed in 1990 was no longer adequate and the HFE Act 2008 was designed to update the law in the United Kingdom, a country at the forefront of the reproductive revolution. Reviews, documents and developments that formed the background for the new Act, gave rise to expectations that it would take a principled approach and had the potential to recognise the principle of procreative autonomy. Examining the provisions on cloning, sex selection, ‘designer babies’ and ‘saviour siblings’, this paper argues that in the event, no such principle underpins the Act. While procreative autonomy is not an all or nothing account, I find that both, provisions expanding treatment services and those restricting procreative choice, are based on pragmatic grounds incompatible with the principle. This pragmatism, I conclude, does not provide the coherent approach that the UK might have hoped for.
Two Patients or One? Problems of Consent in Obstetrics
Authors: Miller Lisa
Published: October 2011

As technology provides us with more and more information, the status of the unborn child becomes increasingly inflated. This makes it easy to lose sight of the mother as an individual whose wishes are to be respected. She is viewed as a foetal container. Her wishes are respected on condition that they do not endanger the life of the child she is carrying. Even the courts now treat the pregnant woman differently to her non-pregnant fellows, as illustrated in Re S (an English case) and the case of AC (an American case). The laws regarding the foetus in England and Wales and in America are explored. The conclusion reached is that there is no law requiring heroic acts, and that the common law protects the individual from assault and battery. While the child is within the mother her actions would necessarily have to be curtailed in order to protect the interests of the foetus. While within the womb the foetus is a subset of the mother, inextricably linked to her. We cannot hope to protect it by laws that punish the mother, we can only strive to protect the interests of the foetus by protecting the interests of the mother. Once born, however, we can protect the child with the full force of the law from any abuse, neglect or wrongful treatment which it may incur.
The Regulation of Euthanasia and Related Medical Procedures that Shorten Life in the Netherlands
Authors: Griffiths John
Published: October 2011

The Dutch political discussion concerning euthanasia has concentrated on whether there are situations in which euthanasia should be legalised and how these should be defined. An equally important question has been largely ignored: under what conditions is legal regulation of euthanasia likely to be effective?

Looked at from this perspective of effective control, the available empirical data lead to a rather different interpretation and to rather different concerns from those that so far have played a role in the political discussion. Euthanasia does not seem to deserve the attention that has been lavished on it. Neither in terms of its frequency nor in terms of the procedural safeguards with which it is surrounded does it seem to pose a substantial problem of control.

On the other hand, other medical procedures which, like euthanasia, intentionally shorten a patient's life surely warrant more attention than they have received. These other procedures are much more frequent than euthanasia and, because they are deemed ‘normal medical practice’, are attended by more limited procedural safeguards. Furthermore, because a given procedure can often be constructed either as ‘euthanasia’ or as one of the related procedures, effective regulation of euthanasia in isolation from the others is not possible.

Given an encompassing regulation of all medical procedures that shorten life, control can best be entrusted, at least in the first instance, to the medical profession itself and the substantive norms that govern euthanasia can perhaps largely be left to the patient and his or her family and doctor.
Beyond Bolam: Responding to the Patient
Authors: Feenan Dermot K.
Published: October 2011

The Australian High Court's rejection in Rogers v Whitaker of the doctor-oriented standard of information to patients in negligence cases (the Bolam approach) is consistent with certain British dicta and international common law authority, and may persuade British courts to move beyond the Bolam approach and develop a patient-oriented standard of disclosure.
Complaints Procedures in the NHS: All Change
Authors: Christensen Christa
Published: October 2011

There is a growing awareness of the importance and value of complaints and their efficient processing in all organisations, in both the public and private sector.

As the provider of publicly funded health services, the National Health Service (NHS) needs to ensure that the complaints mechanisms that it has in place reflect best practice.

Until April 1996, the complaints procedures were a hotchpot of different systems that had all evolved in different ways and to serve different needs. They had been the subject of criticism from several quarters for some years. They mostly reflected the organisational structures that were in place in the NHS before the 1990 reforms and did not reflect the evolving understanding of what is good practice for complaints procedures.

This changed with effect from April 1 1996. Following a long period of investigation and consultation the Government implemented an overhaul of all complaints procedures in the NHS.

This article explains the old procedures, why they needed to change, examines the new procedure and picks out a few potential anomalies within it.
An Evaluation of Medicines Regulation
Authors: Treece S.J.
Published: October 2011

The regulation of medicines in the United Kingdom has changed radically over the course of the last thirty years. Originally regulation was generally concerned with maintaining the quality and purity of drugs, investigations concerning the efficiency or safety of medicinal products are a more recent phenomenon.

Regulation of medicine is now overseen by the European Union and licensing applications that are approved under this new scheme are likely to have wide implications not only for the Member States of the EU, but for non-Member States who have signed to the European Free Trade Agreement (EFTA), and possibly for producers of medicines in the United States.

The regulatory system that currently applies in the UK, named the “Future System” of medicinal regulation came into being in January 1995. Although in its early days this paper examines the regulation of medicine in both the United Kingdom, and Europe; giving a broad outline of the new regulatory structure; and comparing and contrasting the way that Europe and the United States of America regulates and approves medicines. The final section considers the performance of the new regulatory structure by an examination of the first general report of the European Agency for the Evaluation of Medicinal Products, along with the results of a questionnaire survey conducted primarily with pharmaceutical manufacturers in the UK which aimed to elicit their views on how the new regulatory system is working, and whether it is operating to the standards which are expected of it.
Surrogacy — Warnock and After
Authors: Foxcroft Lynne
Published: October 2011

Surrogacy, a means of circumventing female infertility, is a contentious practice and an ethical minefield. Disputed surrogacy agreements invariably hit the news headlines and reopen public debate on the issue. The Warnock Committee in 1994 expressed grave reservations about surrogacy but an expression of minority dissent on the issue evidenced lack of unanimity. This article seeks to show to what extent Warnock's reservations were justified and to chart the increasing acceptability of surrogacy by the judiciary, Parliament and the medical profession.
More Questions than Answers? R V Human Fertilisation and Embryology Authority Ex Parte Blood The Times 7th February 1997
Authors: Treece S.J. , Savas D.
Published: October 2011

The recent Court of Appeal decision in R v Human Fertilisation and Embryology Authority ex parte Blood (1997), was an attempt to reconcile media driven support for a widow’s desire to have a child using sperm obtained from her comatose husband immediately prior to his death. The Court of Appeal held that the written consent of the husband had not been obtained in respect to the storage of his sperm and this was contrary to the requirements of the Human Embryology and Fertilisation Act 1990. However in the present case it was right that once the sperm had been removed, it was preserved and stored pending a ruling as there appeared to be some uncertainty surrounding the situation. The Court also held that the Human Fertilisation and Embryology Authority had failed to exercise its discretion correctly in refusing to give Mrs Blood permission to export the sperm to Belgium where the written consent of the donor to storage of gametes is not required. The Court of Appeal stated that there was no question of a precedent being set as this was a unique situation which should not arise again in the future.
Regulating the New Reproductive Technologies: A Cross-Channel Comparison
Authors: Latham Melanie
Published: October 2011

In Britain and in France medical developments in the new reproductive technologies (NRTS) have proceeded at a similar pace. Both countries have been at the forefront of progress. Statutes seeking to answer the dilemmas posed by that progress were passed in 1990 in Britain and in 1994 in France. These have in some respects been markedly different. The process of legislating to regulate assisted conception has proved to be much more problematic in France than in Britain due to the ambitions of the French and the existence of Constitutional rights which impinged on the substance of any new laws. The outcome in three key areas of the debate, namely controlling access to assisted conception, defining parenthood and defining the status of the embryo, reveals fundamental divisions between understandings of law and culture in these two major European states. Taken as a whole the three laws of 1994 in France, for example, afford protection much more substantially to the child and the embryo than the Human Fertilisation and Embryology Act 1990. What this paper seeks to do then is to explore the response in France and Britain to these three issues, to evaluate the reasons for each jurisdiction's response to them and finally, perhaps intrepidly, to conclude whether France or Britain has offered the better solution to the problems of modern reproductive medicine.
On finding of high piezoresistive response of carbon nanotube films without surfactants for in-plane strain detection
Authors: Miao Y. , Chen L. , Lin Y. , Sammynaiken R. , Zhang W. J.
Published: October 2011

The use of carbon nanotubes (CNTs) for construction of sensors is promising. This is due to some unique characteristics of CNTs. In recent years, strain sensors built from CNT composite films have been developed; however, their low piezoresistive sensitivity (gauge factor (GF)) in in-plane strain detection is a concern compared with other strain sensors. This article reports an experimental discovery of the superior piezoresistive response of a CNT film that is free of surfactants, known as the pure CNT film. The mechanism for the high GF with the pure CNT film strain sensors is also discussed.
Natural Language Processing in Game Studies Research
Authors: Zagal José P. , Tomuro Noriko , Shepitsen Andriy
Published: October 2011

Natural language processing (NLP) is a field of computer science and linguistics devoted to creating computer systems that use human (natural) language as input and/or output. The authors propose that NLP can also be used for game studies research. In this article, the authors provide an overview of NLP and describe some research possibilities that can be explored using NLP tools and techniques. The authors discuss these techniques by performing three different types of NLP analyses of a significant corpus of online videogame reviews: (a) By using techniques such as word and syllable counting, the authors analyze the readability of professionally written game reviews, finding that, across a variety of indicators, game reviews are written for a secondary education reading level; (b) the authors analyze hundreds of thousands of user-submitted game reviews using part-of-speech tagging, parsing, and clustering to examine how gameplay is described. The findings of this study in this area highlight the primary aesthetics elements of gameplay according to the general public of game players; and (c) the authors show how sentiment analysis, or the classification of opinions and feelings based on the words used in a text and the relationship between those words, can be used to explore the circumstances in which certain negatively charged words may be used positively and for what reasons in the domain of videogames. The authors conclude with ideas for future research, including how NLP can be used to complement other avenues of inquiry.
Primary Vaginal Ewing Sarcoma
Authors: Bancalari Eugenia , de Álava Enrique , Tardío Juan C.
Published: October 2011

Ewing sarcoma (ES) and primitive neuroectodermal tumor (PNET) are round-cell sarcomas with varying degrees of neuroectodermal differentiation; they are considered members of the same family of tumors based on their common genetic profile. ES/PNET are very infrequent in the female genital tract, the vagina being the rarest gynecological location, with 7 cases reported to date. The authors present a case of vaginal ES/PNET with typical morphological and immunohistochemical features. EWS gene rearrangement was demonstrated by fluorescent in situ hybridization analysis. Of the 7 previously reported cases, only 2 have molecular confirmation. The age at presentation for vaginal ES/PNET is slightly higher than that for these neoplasms in bone and soft tissues, with only 1 reported patient younger than 30 years. The outcome seems to be similar to that of other superficially sited ES/PNET and more favorable than for those observed in the more typical locations. However, the currently available data are limited, and therefore, a larger number of cases is necessary to draw any firm conclusions.
Evaluation of a Newborn Screen for Predicting Out-of-Home Placement
Authors: Brownell Marni D. , Chartier Mariette , Santos Robert , Au Wendy , Roos Noralou P. , Girard Darlene
Published: October 2011

A newborn screen designed to predict family risk was examined to: (a) determine whether all families with newborns were screened; (b) evaluate its predictive validity for identifying risk of out-of-home placement, as a proxy for maltreatment; (c) determine which items were most predictive of out-of-home placement. All infants born in Manitoba, Canada from 2000 to 2002 were followed until March 31, 2004 ( N = 40,886) by linking four population-based data sets: (a) newborn screening data on biological, psychological, and social risks; (b) population registry data on demographics; (c) hospital discharge data on newborn birth records; (d) data on children entering out-of-home care. Of the study population, 18.4% were not screened and 3.0% were placed in out-of-home care at least once during the study period. Infants not screened were twice as likely to enter care compared to those screened (4.9% vs. 2.5%). Infants screening at risk were 15 times more likely to enter care than those screening “not at risk.” Sensitivity and specificity of the screen were 77.6% and 83.3%, respectively. Screening efforts to identify vulnerable families missed a substantial portion of families needing support. The screening tool demonstrated moderate predictive validity for identifying children at risk of entering care in the first years of life.
Dialectics of a global constitution: The struggle over the UN Charter
Authors: Doyle Michael W.
Published: October 2011

As a decentralized legal order, the international system arguably has no single constitution, but the closest candidate to a constitution that it does have is the UN Charter. Thus it is worth exploring how constitutional the Charter is in theory and practice. Sixty-plus years into its evolution we can see two dominant features. First, its key constitutional elements are: supranationality in its various forms; inequality; and, like all constitutions, an ‘invitation to struggle’ that leads to inevitable pushback from states when UN authority expands. Second, unlike in many domestic constitutions, the pushback more than holds its own. The UN has neither integrated its parts nor centralized authority. To illustrate those points, I start with a comparison of the UN Charter to both capital ‘C’ domestic constitutions and to ordinary treaties. I then address with a broad brush the main features of the UN’s supranationality and inequality. The Secretariat and its neutrality and independence are the next topics. I then consider two examples of tension between UN supranationality and sovereignty. I explore the trend toward ‘global legislation’ associated with the Security Council’s counter-terrorist resolutions, 1373 and 1540. I then focus on the example of the Millennium Development Goals, the UN’s recent attempt to remake itself as a development body. I conclude with a discussion of the wider constitutional significance and prospects of the UN in the light of the contrasting success of the history of US federalism and European integration.
An International Resolution on Non-Discrimination in Legal Practice
Authors: Tahmindjis Phillip
Published: October 2011

The International Bar Association resolution on non-discrimination in legal practice represents an important first step in the incorporation of human rights norms and principles, particularly as they relate to discrimination, into the working life of lawyers. It is not a legally binding document, but nevertheless is of the highest ethical significance. Based on international human rights instruments, it necessarily imports into its terms and concepts both the best and the worst aspects of those instruments. It nevertheless represents an expansion in some areas (such as with respect to harassment and sexuality) and makes it clear where responsibility for the promotion and enforcement of these principles lies. In this regard, it may be an important first step in the transformation of the so-called “soft law” of human rights into a firmer enforceable domestic version by ultimately requiring the link to be drawn between malpractice and human rights.
‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared
Authors: Hamilton Jennifer
Published: October 2011

Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities.

The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage.

Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.
Discrimination and Difference: Race and Inequality in Australian Law
Authors: Kirk Linda J.
Published: October 2011

The absence in Australia of any constitutionally entrenched protection against racial discrimination allows the Commonwealth Parliament to legislate contrary to internationally recognised principles of equality. The Racial Discrimination Act 1975 (Cth) (RDA), which implements into Australian law the standards of the Convention on the Elimination of all Forms of Racial Discrimination (CERD), is merely an Act of the Commonwealth Parliament which can be overridden and/or repealed by a later Act. The High Court of Australia has not embraced the international interpretation of CERD in its application of the RDA. Instead it has adopted a formalistic approach which prohibits benign and invidious discrimination alike unless the measures are seen as ‘special measures’. Further, the High Court has shown a reluctance to adopt an interpretation of the races power under the Australian Constitution which is consistent with international standards of nondiscrimination. This article argues that it is open to the High Court to ‘constitutionalise’ the principles of substantive equality through its application of the RDA and its interpretation of the races power. This would provide Indigenous Australians with protection against discriminatory Commonwealth legislation and assist them in their struggle to achieve recognition of their unique cultural differences.
The Use of Non-Adjudicative Methods to Resolve Discrimination Complaints under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Authors: Rademeyer Conrad
Published: October 2011

The search for adequate structures to successfully manage the conflicts underpinning discrimination complaints necessitates an investigation into the existence of the ideal conflict resolution methods. If ideal methods exist, it is important to evaluate the provision made in South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 for the use of such methods. The assessment, in the first part of this paper, of the nature of conflict and the various types of conflict resolution methods identifies non-adjudicative methods as the ideal conflict resolution methods, although it is acknowledged that these ideal methods might not necessarily be the most suitable methods. Apart from identifying the advantages of the non-adjudicative methods, the paper also examines the concerns raised about the use of these methods. The final part of the paper critically evaluates the scope allowed in the Promotion of Equality and Prevention of Unfair Discrimination Act for the use of non-adjudicative conflict resolution methods, as well as the proper assessment of the conflicts in order to establish the most suitable conflict resolution method. The paper finally raises the issue of not allowing direct access to Equality Courts in order to ensure proper assessments of conflicts and the best possible use of non-adjudicative methods.
Employment Equity: A South African Case Study
Authors: MacEwen Martin , Dupper Ockert , Louw Andre
Published: October 2011

The purpose of this paper is to explore what substantive measures have been adopted by one institution in the tertiary education sector, namely the University of Stellenbosch, with what results and with what broader implications for transformation. The importance of tertiary education, access to which was minimal for disadvantaged groups under apartheid, is in providing economic and social empowerment. It therefore plays a pivotal role in the process of transformation. The primary reason for selecting the University of Stellenbosch for this pilot study 2 was that, given its close links to the government during the apartheid era, the University had to demonstrate considerable change in attitudes and practice, including those affecting employment. Its profile of staff, both academic and non-academic, at the time of the passage of the Employment Equity Act in 1998, made clear that the opportunities for those from disadvantaged groups had been restricted in various ways. Significant change was therefore necessary and expected. 3

This paper also seeks to test a particular transformation hypothesis, that the guardians of the dominant institutional culture-the power elite - will frustrate change where it is felt that such change will either threaten perceived core values or the power base of those guardians. Part of the study is to explore what these core values might comprise, but it was felt that perceptions of quality, of high standards and of the close association between cultural continuity and the Afrikaans language would be seen as important by the University. In exploring this aspect of cultural identity, and what had clearly been cultural racism under apartheid, 4 the assumption is that explanations would be explicit, implicit and ‘dormant’.
Sexual Harassment Law in Israel*
Authors: Kamir Orit
Published: October 2011

The 1998 Israeli sexual harassment law prohibits sexual harassment as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy. Additionally, the law prohibits intimidation or retaliation that accommodates sexual harassment, referred to as ‘prejudicial treatment’.

Sexual harassment and prejudicial treatment are each both a crime and a tort under the Israeli sexual harassment law. The law makes harassers, as well as persons involved in prejudicial treatment, potentially personally liable for either the crime or tort of sexual harassment, or both. The law awards punitive damages to victims1 of sexual harassment or prejudicial treatment — whether or not actual damage of any sort is claimed or proved. Sexual harassment and prejudicial treatment are prohibited in all social settings and contexts.

In the workplace, an employer is vicariously liable for the civil consequences of sexual harassment or prejudicial treatment perpetrated by anyone in his or her employ. The employer's civil liability is in addition to the harasser's individual civil and criminal liability. In order to avoid liability, an employer must take all the measures prescribed by the sexual harassment law (including, inter alia , establishment of policy and serious, prompt and efficient treatment of a victim's complaint).
Gender Auditing the Human Rights Act 1998
Authors: Millns Susan
Published: October 2011

With the passage of the Human Rights Act 1998 (HRA), a new era has begun as a distinct rights culture has come to pervade UK law, society and political life. The purpose of this article is to test the progressive credentials of the HRA in the light of the long-standing and stringent critique of rights discourse by feminists through an assessment of the legislation's capacity to improve the protection of the fundamental rights of women and sexual minorities. Using data emerging from applications of the HRA before the courts, the paper carries out a gender audit of the Act to weigh the balance of its positive and negative implications for women and minority litigants and highlights areas of activity in which claims might be further advanced in terms of human rights. Employing feminist legal scholarship to frame its analysis, the paper investigates the examples of sexual violence, reproductive rights and the rights of transgender persons and sexual minorities, in order to explore the reconfiguration of conflict of rights situations under the HRA and the balancing of competing right claims as they are beginning to emerge in the new rights culture.