bluuebunny/crossref_metadata_2025 huggingface dataset:
Illinois Dental Anesthesia and Sedation Survey for 2016
Authors: Flick William , Lloyd Michael
Published: June 2019

A statewide decennial survey was sent to practicing dentists holding sedation or general anesthesia permits to identify office sedation/general anesthesia trends and practices over the last 10 years. This survey constitutes the third such survey, spanning a total of 20 years. Of the 234 respondents in the 2016 survey, 34% held an Illinois moderate sedation permit and 64% held a general anesthesia permit. Oral and maxillofacial surgeons represented the majority of respondents (143/234; 61%). The remainder of responses were from general dentists (39; 17%) pediatric dentists (32; 14%), periodontists (16; 7%), dentist anesthesiologists (3; 1.3%) and 1 periodontist/dentist anesthesiologist. Surveys over the 20 years revealed the following significant trends: an increase in practitioners current in advanced cardiac life support certification, an increase in the number of non-oral maxillofacial surgeons with a sedation permit, an increase in providers of moderate sedation, and an increase in offices equipped with end-tidal CO2 and electrocardiogram monitoring. However, a number of providers were identified as not compliant with certain state mandates. For example, many respondents failed to meet minimum office team staffing requirements during sedation, hold semiannual office emergency drills, and establish written emergency management protocols.
Ludwig's Angina: Anesthetic Management
Authors: Dowdy Regina A. E. , Emam Hany A. , Cornelius Bryant W.
Published: June 2019

Ludwig's angina (LA) is a gangrenous cellulitis of the neck that spreads via continuity of the fascial planes. Treatment of LA includes aggressive antibiotic therapy as well as surgical drainage in many cases. The most common cause of infection is odontogenic and can be due to both aerobic and anaerobic bacteria. Signs and symptoms of LA include bilateral cervical swelling, dysphagia, drooling, neck tenderness, elevation and posterior distension of the tongue, restricted neck movement, trismus, dyspnea, and stridor, which can result in difficult airway management. Proper preoperative assessment of patients with LA should include identifying features that may cause difficulties with mask ventilation, direct laryngoscopy, and intubation. Alternative methods of ventilation should be considered and immediately accessible, including a plan on how and when they would be used in the event that a patient cannot be mask ventilated or intubated. Marking external anatomical airway landmarks prior to manipulating the airway can save vital time if an emergent airway becomes necessary.
Analysis of Dose Escalation of Propofol Associated With Frequent Sedation
Authors: Nakaike Yoshihiro , Sato Hikaru , Sato Rina , Moriyama Hikaru , Abe Shota , Yoshida Kenji , Kawaai Hiroyoshi , Yamazaki Shinya
Published: June 2019

Patients with dental phobia frequently require intravenous sedation to complete dental treatment. We encountered a case of a patient who received frequent sedation by propofol, which required escalation in the dosage of propofol required. The patient was a healthy young female with severe dental phobia, and the dental procedures were initiated under intravenous sedation. Intravenous sedation was administered to the patient more than 100 times over 9 years, and the dosages were analyzed. The mean dosage of propofol administered per hour was 6.9 ± 2.4 mg/kg/h, and the dosage tended to increase with frequency (0.06–0.1 mg/kg/h in each administration). Increased dosage was needed with a shorter interval between sedations after 30 episodes of sedation. Regarding the mean dosage of propofol per hour, the step-down method exhibited the highest increase in dosage rate of 0.18 mg/kg/h per administration followed by target-controlled infusion at 0.07 mg/kg/h per administration and combination sedation at 0.06 mg/kg/h per administration. We discuss factors that may be associated with acute tolerance to propofol when frequent propofol sedations are provided.
Generasjoner imellom: Holdninger til familiens ansvar øst og vest i Europa
Authors: Herlofson Katharina , Daatland Svein Olav , Veenstra Marijke
Published: June 2019

Abstract: Between generations: Attitudes towards family responsibilities in the East and the West of Europe The article addresses the strength and character of family responsibility norms in Eastern and Western Europe. The strength is measured by the level of support for filial and parental responsibilities (i.e., adult children’s obligations towards older parents and vice-versa) and the character is indicated by the priority given to the older or the younger generation. For the analyses, we employ data from thirteen Eastern and Western European countries participating in the Generations and Gender Survey. In general, family norms are stronger in the East than in the West, but it is difficult to establish where to draw a dividing line. The contrast between the two extremes, Norway and Sweden in the north-west and Georgia in the south-east, is striking. The remaining countries line up quite close along the geographical diagonal (from Scandinavia to Georgia). The character of the norms is less clearly distributed – whereas almost all countries in Eastern Europe give priority to the older generation, the picture in the West is more mixed. The results partly confirm earlier conclusions about east-west differences in family responsibility norms, but adding more countries to the analyses has revealed a more complex and ambiguous picture than presented in previous studies.
Eksistentiaalinen rationaalisuus ja moniäänisyyden hallinta yritysten verkkosivujen visio-, missio- ja strategiateksteissä
Authors: Visakko Tomi
Published: June 2019

Artikkelissa tarkastellaan eksistentiaaliseksi rationaalisuudeksi kutsuttua semioottista prosessia yritysten verkkosivujen visio-, missio- ja strategiateksteissä. Tavoitteena on ymmärtää, miten teksteissä määritellään julkisesti yrityksen identiteettiä, pyrkimyksiä ja sosiaalisia suhteita. Erityisesti huomion kohteena on se, miten tässä prosessissa hyödynnetään eksplikoitua moniäänisyyttä eli miten teksti mallintaa suhdettaan toisiin ääniin. Analyysi kohdistuu sellaisiin metadiskursiivisiin signaaleihin, joilla osoitetaan diskursiivisten ainesten lähteitä ja keskinäisiä suhteita. Tutkimuksessa on käyty 131 tekstistä läpi joukko intertekstuaalisia suhteita kuvaavia tai presupponoivia morfosyntaktisia rakenteita (puhetta tai ajatusta esittävät että-lauseet ja referatiivirakenteet, lainausmerkit, mukaan- ja mielestä-postpositiolausekkeet, kieltolauseet, kysymyslauseet) ja analysoitu niiden käyttöä erilaisissa tekstuaalisissa rakenteissa. Tyypillisiä moniäänisyyden hallinnan muotoja ovat traditionaalisten ja auktoritatiivisten äänten välittäminen, eri äänten metalingvistinen reflektio ja yhteensovittaminen, yrityksen kannalta positiivisten äänten tarjoaminen rekontekstualisoitaviksi sekä negatiivisten äänten kumoaminen tai neutralisoiminen.
PENDEKATAN PENGELOLAAN KURIKULUM DALAM MENCIPTAKAN SEKOLAH UNGGUL
Authors: Awwaliyah Robiatul
Published: June 2019

This paper describes the Curriculum Management Approach in Creating a Superior School. A superior school is an educational institution that is able to bring each of its students to achieve measurable abilities and be able to demonstrate their accomplishments. To arrive at this stage, there are several components that must be implemented by each school including curriculum management. The curriculum occupies a very strategic position in a school. The curriculum is a guideline in the learning process. However, formulating a curriculum is not an easy job, the use of a curriculum that is not appropriate in a school or madrasah is also a reason why the failure of a school reaches a superior level. There are several approaches that can be implemented as an effort in creating superior schools, namely the subject of academic approach, humanistic approach, social approach, and competency approach.

 

Keywords: Superior schools, curriculum management, curriculum approach
DASAR DASAR LATIHAN DALAM KEPELATIHAN OLAHRAGA
Authors: Amansyah Amansyah
Published: June 2019

Para ilmuwan olahraga saat ini terus mengeksplorasi psikologi dan efek performa dari beberapa macam campuran latihan, proses pemulihan, cara penanganan gizi, serta faktor biomekanik guna untuk meningkatkan prestasi atlet. Seperti yang kita ketahui bahwa respon tubuh terhadap keragaman tingkat stres telah semakin bervariasi. Ahli teori kepelatihan, ilmuwan olahraga, dan para pelatih dituntut untuk mampu memahami konsep dasar kepelatihan. Atlet dipersiapkan untuk bisa meraih gol yang telah ditentukan melalui serangkaian latihan secara fokus. Maksud dari latihan yang intensif tersebut adalah untuk meningkatkan kemampuan dan kapasitas atlet sehingga mencapai performa maksimal. Latihan adalah proses persiapan atlet untuk peningkatan performa yang lebih tinggi. Selain itu juga pelatihan dapat diartikan sebagai kemampuan seorang pelatih dalam melakukan pengoptimalisasian performa yang dihasilkan dari proses latihan secara sistematis berdasarkan pengetahuan dan diperluas oleh beberapa disiplin ilmu. Baik buruknya kualitas dari sebuah sistem pelatihan sangat bergantung kepada faktor utama secara langsung maupun faktor pendukung yang menunjangnya. Penyusunan program latihan yang efektif, pelatih diharuskan mengerti mengenai sistem energi, dan sumber energi yang digunakan oleh tiap – tiap sistem. Pelatih juga harus memahami berapa banyak waktu yang diperlukan seorang atlet untuk memulihkan energi yang digunakan baik pada saat latihan maupun kompetisi.
ANALISIS PELAKSANAAN MANAJEMEN PEMUSATAN PENDIDIKAN DAN LATIHAN OLAHRAGA BAGI PUSAT PEMBINAAN LATIHAN MAHASISWA (PPLM) TARUNG DERAJAT KOTA BANDA ACEH
Authors: Marbie Munzir
Published: June 2019

Kajian penelitian ini bertujuan untuk mengetahui struktur organisasi, tahapan perekrutan atlet, manajemen sarana dan prasarana, manajemen keuangan, manajemen latihan Pada Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh. Penelitian dilaksanakan di Balai Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh. Penelitian ini menggunakan metode diskriptif kualitatif. Tehnik pengambilan data melalui studi dokumentasi, wawancara secara mendalam, dan observasi. Sumber data dalam penelitian ini adalah pengurus, pelatih dan atlet Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh. Hasil penelitian menunjukkan bahwa: pelaksanaan manajemen Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh pada umumnya sudah sangat baik. (1) Struktur Organisasi Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh sudah sudah baik yang mana sudah memiliki unsur-unsur organisasi yang terus berupaya memfasilitasi atlet untuk berprestasi. (2) Proses perekrutan atlet sudah dilaksanakan dengan baik karena sangat selektif dan sudah sesuai dengan kriteria/bencmark yang ditentukan oleh standar Kemenpora Republik Indonesia (3) Pelaksanaan manajemen sarana dan prasarana kurang baik, hal ini dikarenakan media pendukung fasilitas atlet PPLM belum lengkap sepenuhnya dan hanya memanfaatkan apa yang ada saja. (4) Pelaksanaan manajemen keuangan telah dilaksanakan dengan baik karena sudah sesuai dengan porsinya masing-masing. (5) Pelaksanaan manajemen latihan di Pusat Pembinaan Latihan Mahasiswa (PPLM) tarung derajat Kota Banda Aceh sudah berjalan dengan baik, Mengingat alokasi dana dari APBN dan ABPD yang terbatas pada setiap tahunnya, sehingga pengelolaan hanya memaksimalkan sesuai dengan alokasi dana yang ada.
Indigenous Immigrant Youth’s Understandings of Power: Race, Labor, and Language
Authors: Barillas Chón David W.
Published: June 2019

One highly significant yet under-investigated source of variation within the Latinx Education scholarship are Indigenous immigrants from Latin America. This study investigates how Maya and other Indigenous recent immigrant youth from Guatemala and Mexico, respectively, understand indigeneity. Using a Critical Latinx Indigeneities analytic, along with literature on the coloniality of power and settler-colonialism, I base my findings on a year-long qualitative study of eight self-identifying indigenous youth from Guatemala and Mexico and highlight two emergent themes: youth’s understanding of (a) asymmetries of power based on division of labor, and (b) language hierarchies. I propose that race is a key component that contributes to the reproduction of divisions of labor and the subaltern positioning of Indigenous languages. Findings from this study provide linguistic, economic, and historical contexts of Maya and other Indigenous immigrants’ lived experiences to educators and other stakeholders in public schools working with immigrant Latinx populations.
Zapotec Identity as a Matter of Schooling
Authors: Vásquez Rafael
Published: June 2019

Little research has been dedicated to Indigenous Mexican students’ education and their sociocultural adaptation to U.S. schools, which includes their ethnic identity as significant to their schooling experiences. This study examines Zapotec-origin youth, original to the state of Oaxaca, Mexico, and how their Indigenous identity can positively impact their education. Often, educators have limited knowledge about Mexico’s ethnoracial groups, presume that their Mexican students share indistinguishable characteristics, and are unaware that Indigenous students are ever-present in their classrooms. Through in-depth interviews, this study reveals how Zapotec high school students assert their Indigenous identity as a basis for developing viable approaches for their overall educational success.
Metapoesia e autorreferencialidade na antilírica de Paulo Leminski
Authors: Massagli Sérgio Roberto
Published: June 2019

No texto metapoético,é a própria poesia que se torna matéria de simesma. Assim, o poeta, ao exercitar a metapoesia, revela sua consciência crítica da intrincada relação que a palavra mantém como mundo. A produção poética e crítica de Paulo Leminski, escrita entre as décadas de 1960 e 1980, apresenta uma inquietação e traz para o debate a relação frequentemente problematizada na contemporaneidade entre pensamento, mundo e linguagem.  A proposta deste trabalho é buscar os rastros dessa escrita autorreflexiva na confrontação entre a sua prosa ensaística e a sua produção poética. ---DOI: http://dx.doi.org/10.25094/rtp.2019n27a584
Pedra e horizonte: visitando ‘Siciliana’, de Murilo Mendes, com Zbigniew Herbert
Authors: Souza Marcelo Paiva
Published: June 2019

Em uma breve expedição à Sicília em companhia de Zbigniew Herbert e Murilo Mendes, o artigo propõe uma abordagem comparativa dos dois autores, destacando motivos sicilianos na ensaística e na correspondência do poeta polonês e, em seguida, revisitando Siciliana – em especial a “Elegia de Taormina” –, do poeta brasileiro, no pano de fundo de uma reflexão mais abrangente sobre o viés classicizante nas obras de um e de outro.---DOI: http://dx.doi.org/10.25094/rtp.2019n27a611
Notas para um estudo da poesia de ‘Americanas’, de Machado de Assis
Authors: Miranda José Américo
Published: June 2019

Este artigo examina a estrutura de Americanas, obra publicada por Machado de Assis em 1875, especialmente através de três pontos-chave de sua estrutura: o primeiro e o último poemas (“Potira” e “Os Orizes conquistados”, respectivamente), e o poema “A Gonçalves Dias”, que ocupa posição central no conjunto. Os dois poemas situados nos extremos são vistos como formas espelhadas (um em relação ao outro); o poema mediano, por sua vez, tem sua estrutura bipartida revelada e analisada. Além desses poemas, foi também objeto de exame a “Cantiga do rosto branco” – única peça que foi excluída do livro por ocasião da publicação das Poesias completas de Machado de Assis, em 1901. ---DOI: http://dx.doi.org/10.25094/rtp.2019n27a620
Apresentação
Authors: Borsato Fabiane Renata , Rowland Clara Maria Abreu
Published: June 2019

Apresentação à Texto Poético 27. ---DOI: http://dx.doi.org/10.25094/rtp.2019n27a627
INSPIRASI GEROBAK MAKANAN TRADISIONAL BETAWI PADA DESAIN COUNTER MAKANAN BETAWI DI AREA PUSAT JAJAN
Authors: Fanthi Reno , Hendrassukma Dila , Nediari Amarena , Latif Fauzia
Published: June 2019

Abstract

Traditional food carts can be a symbol of the distinctiveness of Indonesian culinary culture. Placement in a food court needs special attention so that it can blend with food court interior in the mall building. Traditional Betawinese food carts in foodcourt are expected to provide Betawinese cultural identity as an inspiration in applying local culture in commercial place. The uniqueness of Betawinese culture should be presented as the element of design in the counter so that the visitor could have the

experience from the process of serving that used to be seen when serving in traditional food carts. This experiences are expected to provide insight and maintain the preservation of Betawinese traditional food. The identification of traditional Betawinese food carts is obtained through direct research conducted on objects by using goal grid methods. The outcome of this research is to create harmony between tradional food carts with the thematic interior of food court that served Indonesian cuisine to the visitiors.

Abstrak

Gerobak makanan tradisional dapat menjadi tanda kekhasan budaya kuliner Indonesia. Penempatannya pada sebuah foodcourt perlu mendapatkan perhatian khusus agar dapat menyatu dengan interior pusat jajan yang berada dalam bangunan mal. Identifikasi gerobak makanan tradisonal khas Betawi, didapatkan melalui penelitian langsung yang dilakukan terhadap objek. Hal ini dilakukan untuk dapat menciptakan keselarasan antara gerobak makanan tradisional, dengan tema pusat jajan pada bangunan mal yang menyajikan kuliner Indonesia sebagai menu yang ditawarkan kepada pengunjung. Gerobak makanan tradisional khas Betawi pada pusat jajan diharapkan dapat memberikan identitas budaya Betawi sekaligus menjadi sebuah inspirasi dalam menerapkan kekayaan budaya lokal pada sebuah fasilitas publik. Kekhasan budaya Betawi dalam penyajian makanan tradisional hendaknya desain gerobak, sehingga

pengunjung pusat jajan, tetap mendapatkan pengalaman dari proses

penyajian makanan khas Betawi layaknya makanan tersebut diproses saat

berjualan dengan gerobak keliling. Pengalaman ini diharapkan dapat

memberikan wawasan serta menjaga kelestarian dari makanan tradisional

khas Betawi. Hasil luaran yang didapat adalah berupa desain gerobak

makanan tradisional khas Betawi yang berada di sebuah pusat jajan pada

bangunan mal.
Komunikasi Interpersonal Antar ODHA untuk Menumbuhkan Motivasi Kembali Hidup Normal di Yayasan Mahameru Surabaya
Authors: Huda Jesica Miftakhul , Prasetyo Iwan Joko , Fitriyah Irmia
Published: June 2019

This study aims to find out how interpersonal communication occurs between PLWHA (people with HIV / AIDS) to foster motivation to return to normal life in the mahameru foundation of Surabaya. The Mahameru Foundation is the only non-profit institution in Surabaya that is engaged in the social and humanitarian field focusing on the mentoring and empowerment program for PLWHA. There are so many new PLHIV who experience a decrease in motivation after being diagnosed, so from that the old ODHA who have had high motivation in living their lives gathered in the Surabaya mahameru foundation they support each other new PLHIV so that in the future they can be motivated to return to healthy life and passion in living his life. The results of the study found that the support of long-standing PLHIV plays a very important and successful role in fostering new PLHIV motivation to return to normal life, this is based on interpersonal communication carried out by old PLWHA towards new PLWHA having several important elements that are the center of attention, namely verbal and good non-verbal as well as five positive attitudes to support the effectiveness of interpersonal communication that occurs, namely openness, empathy, support, positive attitude and equality. Keywords: Interpersonal communication, PLWHA, HIV, AIDS, Mahameru Foundation
Autoionization Dynamics of (2P1/2)ns/d States in Krypton Probed by Noncollinear Wave Mixing with Attosecond Extreme Ultraviolet and Few-Cycle Near Infrared Pulses
Authors: Fidler Ashley , Marroux Hugo , Warrick Erika , Bloch Etienne , Cao Wei , Leone Stephen , Neumark Daniel
Published: June 2019

The autoionization dynamics of the (2P1/2)ns/d Rydberg states in krypton are investigated using wave-mixing signals generated with subfemtosecond XUV pulses and noncollinear, few-cycle NIR pulses. Despite quantum beat oscillations from the XUV-induced coherence, these wave-mixing spectra allow for the simultaneous evaluation of autoionization lifetimes from a series of Rydberg states. Experimentally measured lifetimes for the wave-mixing signals emitting from the (2P1/2)6d/8s, 7d/9s, and 8d/10s resonances compare favorably with lifetimes for the (2P1/2)6d, 7d, and 8d Rydberg states determined from spectral linewidths. Analysis of the quantum beats reveals that the enhancement of wave-mixing pathways leads to reporter state-dependent decays in the wave-mixing signals. The results demonstrate the promise of wave-mixing spectroscopies with subfemtosecond XUV pulses to provide valuable insights into processes governed by electronic dynamics.
Bringing the New Philology to Pacific Legal History
Authors: Boast Richard P
Published: June 2019

This article is a study of the main features of the so-called new philology, a school of historians based mainly in the United States who have pioneered a novel approach to the history of indigenous societies under colonial rule by focusing on day-to-day "mundane" texts, typically legal documents or documents preserved in legal records, written in indigenous languages. It is suggested that New Zealand provides a unique opportunity to experiment with the approaches of the new philology outside Latin America as it meets the basic requirement of having preserved a significant amount of written documentation recorded in an indigenous language. What such a study might reveal is unclear, but the overall conclusion is that it should certainly be attempted. One weakness of the new philology, however, is that while it is based strongly on legal documents, it does not engage with law or with legal processes as such.
Law, Language and Latin American Constitutions
Authors: Colon-Rios Joel
Published: June 2019

Latin America has many languages and many constitutions. This article provides a general overview of the ways in which some constitutions of Latin American states relate to the multi-lingual context in which they operate.
Action Pending: Four Years on from the New Zealand Sign Language Act 2006
Authors: McKee Rachel Locker
Published: June 2019

The granting of official language status to New Zealand Sign Language (NZSL) through the New Zealand Sign Language Act 2006 (NZSL Act 2006) is unusual in terms of the status of signed languages around the world. Many governments have accorded various forms of recognition to a signed language, but no others appear to have granted it official language status.  Language policy makes and promotes certain choices about language use at a particular socio-historical moment; such decisions thus have social and political meaning to the minority community and to wider society.  What motivated the government to recognise NZSL as an official language, and what has been achieved by it? Did cross-party support for this Act signal societal commitment to linguistic diversity and equity? Or did the negligible material implications of the Act ensure its approval by politicians as a compensatory gesture towards a disadvantaged community? This article critically examines the aims, provisions, and impacts of the NZSL Act 2006, and reports data from two recent surveys of stakeholders about priorities for further action to realise the purpose of the Act.
Taonga, Rights and Interests: Some Observations on WAI 262 and the Framework of Protections for the Māori Language
Authors: Stephens Māmari
Published: June 2019

In October 2010 the Waitangi Tribunal released the first chapter of its long-awaited report of the WAI 262 enquiry into indigenous flora and fauna and Māori intellectual property. This chapter focuses on aspects of the claim relating to the Māori language and critiques the development of Māori and Crown generated initiatives to protect and revitalise te reo Māori, including the Māori Language Strategy (Te Rautaki Reo Māori). The Tribunal argues that the Crown must ultimately become Māori speaking. Consideration of this report and the legal protections in place for the Māori language reveals a framework that is incoherent, and largely incapable of achieving the Tribunal's goal, or even of fully protecting what the Tribunal described as "a taonga of quite transcendent importance".
Utu: Finding a Balance for the Legal Māori Dictionary
Authors: Ahu Tai , Hoare Rachael , Stephens Māmari
Published: June 2019

This article describes the authors' experience of attempting to confine the word utu to a list of distinct, Western legal glosses.  The article highlights the complexity involved in drafting a comprehensive legal dictionary entry for utu that achieves an appropriate balance between the traditional customary meanings and Western legal meanings.
The Wanganui/Whanganui Debate: A Linguist's View of Correctness
Authors: Bauer Winnifred
Published: June 2019

A decision was taken in 2009 by the Minister of Land Information that the official spelling of the city formerly spelled Wanganui should henceforth be Whanganui, although a period of grace was given for the change-over. Nonetheless, there is still a good deal of opposition to the change from residents, particularly expressed on many occasions by the outspoken mayor at the time, Michael Laws. This article was originally delivered as a seminar during Māori Language Week 2009, before the decision was taken. It seeks to explore the complex issues that underlie such a decision, and thus to shed light on why the issue is still so controversial. With the success of the case against Wanganui, it is clear that this will not be the last instance where a Māori community seeks legal overthrow of the spelling of a name: already the case of Rimutaka versus Remutaka is being debated.
Swings and Roundabouts: Evaluating the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010, s 14
Authors: Wilson Hannah
Published: June 2019

The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010, which came into effect on 1 October 2010, could be considered the most significant change to the Children, Young Persons, and Their Families Act since its introduction in 1989. The new Act has two main functions: it extends the jurisdiction of the Youth Court and gives the Court a new range of orders. This paper analyses s 14 of the new Act which extends the jurisdiction to 12 and 13 year old serious and recidivist offenders. The paper assesses what problem Parliament was trying to address with this amendment. It argues that the change in jurisdiction could be said to be motivated by populist politics rather than addressing a known change in child offending. The paper then explores how s 14 changes the underlying assumptions about the level of responsibility we attribute to children. It then recommends that serious and recidivist offenders continue to be dealt with by the Family Court. The paper acknowledges, however, that changes could be made to strengthen the Family Court's existing powers to ensure children are dealt with more effectively.
Simunovich and the Defence of Truth
Authors: Buist-Catherwood Emily
Published: June 2019

APN New Zealand Limited v Simunovich Fisheries Limited was a significant Supreme Court judgment regarding the biggest defamation claim in New Zealand's legal history. The Court ruled that third party statements were inadmissible as evidence for a defence of truth, unless such statements could be independently proven to be true. This paper argues that objectively reliable third party statements, such as statements made by the judiciary, should be admissible as evidence for a defence of truth in certain cases. Where a defamatory meaning of reasonable grounds to suspect guilt is pleaded, rather than an allegation of actual guilt, reliable statements made by a third party can be highly relevant in proving the existence of reasonable grounds for suspicion. A high burden is already placed on defendants to negotiate technical pleading and evidential requirements in proving the defence of truth. Simunovich erects an unnecessary further obstacle that will prevent the submission of relevant and reliable evidence. This paper recommends that the Simunovich ruling on third party statements be amended to allow such particulars to be admitted in support of a defence of truth to an alleged defamatory meaning of reasonable grounds of suspicion.
Electoral Expression With Institutional Bounds: Framing Judicial Treatment of Elections in New Zealand
Authors: Bullock David
Published: June 2019

This article explores the way in which the courts have treated cases involving electoral broadcasting in New Zealand. Cases involving electoral broadcasting have been decided on a range of approaches. This article uses an "institutional" conception of elections to determine whether certain bounds can be drawn to define a category of election expression, comprising certain rules and norms, which the courts can use when dealing with expression around elections. New Zealand's case law to date is broadly consistent with an institutional model of electoral expression within which a higher level of judicial scrutiny of broadcasters is exhibited. This paper proposes that an express recognition of this institutional conception would provide some clarity and unity to decisions involving the sensitive issue of electoral broadcasting.
Understanding the Freedom of Religion in a Religious Industry: Kosher Slaughter (Shechita) and Animal Welfare
Authors: Silver Joel
Published: June 2019

The legality of ritual slaughter rests upon both law and merits. On the one hand, the international freedom of religion requires that communities can obtain meat of a suitable standard, and on the other, current scientific literature indicates that any distinct risks to animal welfare are manageable. Despite this, ritual slaughter remains controversial, particularly Jewish kosher slaughter (Shechita), for which electrical pre-stunning before throat-cutting – arguably the sine qua non of welfare risk management – is incompatible. Through a mixture of theological, legal, and scientific argument, this paper examines the level of protection Shechita receives as a manifestation of belief, with particular reference to developments in Australia and New Zealand.
Reforming Civil Procedure
Authors: Mathieson Don
Published: June 2019

This paper proposes that the Rules Committee's membership should be altered, and that civil procedural rules reform should be viewed from all four of the perspectives – the judicial, and those of the litigation lawyer, the litigant and the public. It is also suggested that more thought needs to be given to the location of procedural requirements – in rules or in practice notes, or left to judicial administration. The author explains why rules are almost always preferable to practice directions. Fundamental issues of principle and policy, for example whether all rules should be readily comprehensible by non-lawyers, need to be addressed when changing the rules of civil procedure but are all too often ignored because they are too difficult and because the empirical research has not been done.
The State of Judicial Scrutiny of Public Contracting in New Zealand and Canada
Authors: Mullan David
Published: June 2019

This article evaluates the varying ways in which the courts of New Zealand and Canada respond to arguments that government procurement exercises are subject to the principles and remedies of public law. While conceding that context is critical and that there are many, often competing considerations that are relevant in the evaluation of such arguments, the author contends that the courts in both countries should at least on occasion be open to the availability of public law remedies for misfired government procurement exercises, and, more importantly, whether by judicial review or civil action, to the deployment of public law principles in the assessment of the procedural and substantive components of government procurement. More generally, the author warns against the movement in both countries in the direction of the assimilation of public procurement within existing principles and remedies of private tendering law.
International Criminal Law and New Zealand Refugee Status Determinations: A Case Note on Attorney-General v Tamil X
Authors: Watt Ella
Published: June 2019

This article considers Attorney-General v Tamil X, a recent New Zealand Supreme Court decision on refugee status determinations. Specifically, it considers the approach taken to art 1F of the Refugee Convention in decisions on the exclusion of claimants from refugee status. As claims are increasingly affected by art 1F considerations, it is imperative that the law in this complicated area is clear and just. This article traces Tamil X's advancement through the courts, and presents an analysis of the Supreme Court's judgment. The article also recommends some future developments for the jurisprudence on the exclusion clauses, specifically the adoption of a modified version of the ICTY jurisprudence on joint criminal enterprise.
Prior Complaint Evidence under the Evidence Act 2006: The Supreme Court Jurisprudence
Authors: Hill Holly
Published: June 2019

At the time of writing, the Evidence Act 2006 has been in force for almost five years, but in several respects it has failed to fulfil its mandate of clarifying and simplifying New Zealand’s rules of evidence. One area where this failure can be seen as most evident is in respect of evidence of prior complaints of sexual offending. Here, the rule governing previous consistent statements in s 35(2) of the Act radically changes the previous common law position, enacting entirely unfamiliar technical requirements in its place. This article provides thorough analysis of the problems with s 35(2) through an analysis of cases where the Supreme Court has struggled to interpret and apply the provision. Ultimately the article suggests that a less technical reform will provide the necessary simplicity and certainty that is currently absent from the provision.
The "Lord Cooke Project": Reviewing Lord Cooke's Extrajudicial Writing
Authors: Cochrane Tim , Chan Elizabeth
Published: June 2019

This note discusses key themes arising from Lord Cooke's published extrajudicial writing.  These themes cover Lord Cooke's conception of the common law, the interpretation of the Treaty of Waitangi, the development of bill of rights jurisprudence in New Zealand and overseas, and the role of judges. This note arises out of the authors' involvement in the Lord Cooke project, a Victoria University of Wellington initiative that will make a complete collection of Lord Cooke's extrajudicial writings available online.
There is no Such Thing as a Sham Trust
Authors: Li BoHao
Published: June 2019

The Court of Appeal decision in Official Assignee v Wilson is the leading New Zealand case on "sham trusts". Obiter, O'Regan and Robertson JJ held that for a sham trust to exist, the settlor and trustee must have a common intention to not create a trust. Post-Wilson, debate continues over the precise elements that render a trust a sham. The Law Commission suggested that the sham doctrine, as a means of analysing the validity of an express trust, may not be the best approach. A better starting point would be a return to the certainty of intention requirement. In arguing that the Law Commission's recommendation is correct, this article will discuss three legal issues: whether an express trust is a unilateral or bilateral transaction; whether the excluded evidence has always been part of the objective intention requirement; and whether the legislative and policy factors have made foreign trust law distinct from New Zealand trust law. Finally, this article will expand on the test proposed by the Law Commission.
Māui And The People Of The North
Authors: Jones Carwyn
Published: June 2019

This story was inspired by my participation in a workshop on Indigenous Legal Traditions held in Fort St John, British Columbia, Canada, in 2011. At that workshop, lawyers and legal academics worked collaboratively with elders and other members of the local region's Cree and Dene communities over several days to explore ways of reading and working with indigenous legal 'texts'. Though the workshop was necessarily tentative and exploratory, there were powerful learnings for all involved and I would like to acknowledge the generosity of the peoples of the Treaty Eight territory for sharing their stories with all of us who were privileged to participate.
Beyond Parliamentary Sovereignty and Judicial Supremacy: The Doctrine of Implicit Limits to Constitutional Reform in Latin America
Authors: Colon-Rios Joel
Published: June 2019

This article provides an introduction to the Latin American doctrine of implicit limits to constitutional reform. The article begins by discussing the way in which this doctrine relates to (and differs from) the doctrine of the basic structure, adopted in several common law jurisdictions such as India and Belize. It then examines a decision of the Constitutional Court of Colombia in which the doctrine of implicit limits received one of its clearest formulations. Finally, it is argued that the Latin American approach goes beyond both parliamentary sovereignty and judicial supremacy, providing the constituent people (as opposed to Parliament and the courts) with the final word on the validity of important constitutional changes.
From "Real Rape" to Real Justice? Reflections on the Efficacy of More Than 35 years of Feminism, Activism and Law Reform
Authors: McDonald Elisabeth
Published: June 2019

In this article, the author develops her observations made during the 2012 Suffrage Lecture at the University of Otago. Using the lecture as the starting point, the article considers what law reform over more than 35 years has actually achieved, with a specific focus on the admissibility of evidence about a complainant's previous sexual experience in a criminal case involving rape allegations. It concludes that although policy makers and legislators have been responsive to the concerns expressed by complainants about their treatment in the trial process, little real change to that experience has occurred. More fundamental work needs to be done by way of preventative education, challenging rape mythology and developing new processes to resolve allegations of sexual offending. These are the challenges for the next 35 years.
Hans Kelsen: A Peacemaker Through Law
Authors: Patrono Mario
Published: June 2019

Mario Patrono has made many visits to New Zealand, and to Victoria University of Wellington School of Law in particular, during the course of his career. Most recently he has been a Visiting Professor at the Law School, arriving for the first trimester of 2013, 2014, and soon 2015, enjoying Wellington's calmer autumn months, then sensibly returning to Rome before winter takes hold. During each of these visits Professor Patrono leads a seminar class on the fundamentals of European Union law for honours and masters students. He also contributes to the intellectual life of the Law School more generally, speaking at staff and student events. This article is based on one of those speaking engagements. The context of this talk was a Law School student seminar on the history and theory of international law led by Dr Guy Sinclair. Professor Patrono was invited to introduce the students to the work of Hans Kelsen. In this lecture he outlines Kelsen's background and key works for this audience, touching on subjects such as Kelsen's departure from Europe and early reception in the United States, before challenging those present with the notion that Kelsen's work might have something to offer New Zealand constitutional scholarship.
Protecting Popular Constituent Power: Examining New Zealand's Role in the Constitution-Making Episodes of the Cook Islands and Niue
Authors: Mead Sarah
Published: June 2019

This article assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand's role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand's status as an external actor, however, raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This article argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. In so far as external actors do not displace the people's constituent power but rather enhance it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand's experience in decolonisation, this article ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island states. As ongoing political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process's democratic legitimacy.
Sex Markers on Birth Certificates: Replacing the Medical Model with Self-Identification
Authors: Blincoe Emily
Published: June 2019

Section 28 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 allows people to apply to the Family Court to change the sex marker on their birth certificate. This article argues that this provision is outdated and does not go far enough in providing legal recognition for trans people. It is based on the medical model of sex, and requires medical evidence that the applicant's body conforms sufficiently to that of the "nominated sex". The major problem with this requirement is that the required medical interventions are unavailable or undesirable for many trans people, so should not be a basis for legal recognition. The medical model also privileges medical and judicial expertise above a person's own identity and experience. This article suggests a reform based on the self-identification model, which exists in Argentina for birth certificates, and in New Zealand for passports and drivers' licences. Such a reform of s 28 would bring birth certificates in line with these other documents, leading to more consistency and increased respect for the human rights of trans people.
Intersex People in Aotearoa New Zealand: The Challenges for Law and Social Policy: Part I: Critiquing Gender Normalising Surgery
Authors: McDonald Elisabeth
Published: June 2019

In this first of two articles dealing with the current issues facing intersex people in Aotearoa New Zealand, the author focuses on what is seen by community activists as their most pressing concern: ongoing genital normalising surgery on intersex infants. The resolution of this issue sits at the interface of criminal law, medical law and family law, and requires nuanced and careful engagement with competing norms of social policy. The article defines "intersex", as compared to "trans", and considers how infant surgery is currently (under)regulated in spite of local and international calls for reform. The author argues that it is time serious consideration is given to legislative regulation of surgery on intersex infants, following overseas initiatives, including the recent enactment in the Republic of Malta.
The English Children and Families Act 2014
Authors: Bainham Andrew , Gilmore Stephen
Published: June 2019

Parts I and II of the Children and Families Act 2014 may appear to make little change to English child law, largely amending existing statutes with provisions of a procedural and evidential flavour. Yet, as this article explains, it is deeply ideological legislation with roots in the Narey Report on adoption and the Family Justice Review. The article examines the background to the legislation and shows how, in the private law, statutory language was used to convey an "official" message concerning the importance of both separating parents remaining "involved" in their children’s lives. This resulted in enactment of a presumption of parental involvement in court decision making, and a more neutral "child arrangements order", replacing the supposed polarising duality of "residence" and "contact" orders with little more than a change of terminology and the disadvantage of greater complexity. The ideology underpinning the public law provisions is to encourage adoption by speeding up the process, getting children through care proceedings as quickly as possible and into adoptive families.  This thinking may appear to clash with recent jurisprudence of the higher courts which has emphasised that adoption is a "last resort" in child protection, and that significant human rights issues arise. The analysis highlights a key question, cutting across the public and private law provisions, namely whether the 2014 Act dilutes English law's long-standing commitment to the paramountcy of child welfare.
Foreword: International Dispute Resolution in New Zealand
Authors: Butler Petra
Published: June 2019

This article is the foreword to this issue of the Victoria University of Wellington Law Review ('VUWLR') containing the New Zealand Law Foundation Dispute Resolution Fellowship Lectures from 2013 to 2015. International dispute resolution is central to New Zealand's future as a trading nation that has always looked to the wider world, and the yearly international dispute resolution week is now an established part of the yearly legal calendar. This issue of the VUWLR contains innovative and insightful discussions into the world of international arbitration.
The International Evolution of Mediation: A Call for Dialogue and Deliberation
Authors: Stipanowich Thomas J
Published: June 2019

The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programmes, laws and regulations; an international "evangelical" movement; and growing impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements, should be accompanied by our collective reflection, dialogue and discernment regarding where we have come to and where we are going. He urges active discussion and deliberation on a host of questions and concerns, including (1) our fundamental understanding of the nature and practice of mediation; (2) the impact of lawyers on mediation, and the appropriate interplay between client and counsel in making process choices; (3) the influence of culture and of legal traditions; (4) the interplay between the facilitation of settlement and processes of adjudication; (5) the potential impact of mediation on the rendition of justice. This conversation should be augmented by an assessment of current mega-trends – the challenges and opportunities presented by information technology, neuropsychology, the mining of big data, and initiatives aimed at institutionalising or professionalising mediation. Finally, there should be a new examination of heretofore-unfulfilled opportunities, such as the "upstream" (that is, early and pre-litigation) use of skills and insights gleaned from our experience with mediation for the purpose of sustaining and improving relationships.