bluuebunny/crossref_metadata_2025 huggingface dataset:
Statins and Intracerebral Hemorrhage
Authors: Hackam Daniel G. , Woodward Mark , Newby L. Kristin , Bhatt Deepak L. , Shao Mingyuan , Smith Eric E. , Donner Allan , Mamdani Muhammad , Douketis James D. , Arima Hisatomi , Chalmers John , MacMahon Stephen , Tirschwell David L. , Psaty Bruce M. , Bushnell Cheryl D. , Aguilar Maria I. , Capampangan Dan J. , Werring David J. , De Rango Paola , Viswanathan Anand , Danchin Nicolas , Cheng Ching-Lan , Yang Yea-Huei Kao , Verdel B. Marianne , Lai Mei-Shu , Kennedy James , Uchiyama Shinichiro , Yamaguchi Takenori , Ikeda Yasuo , Mrkobrada Marko
Published: October 2011

Background—

A recent large, randomized trial suggested that statins may increase the risk of intracerebral hemorrhage. Accordingly, we systematically reviewed the association of statins with intracerebral hemorrhage in randomized and observational data.

Methods and Results—

We screened 17 electronic bibliographic databases to identify eligible studies and consulted with experts in the field. We used DerSimonian-Laird random-effects models to compute summary risk ratios with 95% confidence intervals. Randomized trials, cohort studies, and case-control studies were analyzed separately. Only adjusted risk estimates were used for pooling observational data. We included published and unpublished data from 23 randomized trials and 19 observational studies. The complete data set comprised 248 391 patients and 14 784 intracerebral hemorrhages. Statins were not associated with an increased risk of intracerebral hemorrhage in randomized trials (risk ratio, 1.10; 95% confidence interval, 0.86–1.41), cohort studies (risk ratio, 0.94; 95% confidence interval, 0.81–1.10), or case-control studies (risk ratio, 0.60; 95% confidence interval, 0.41–0.88). Substantial statistical heterogeneity was evident for the case-control studies (I
2
=66%,
P
=0.01), but not for the cohort studies (I
2
=0%,
P
=0.48) or randomized trials (I
2
=30%,
P
=0.09). Sensitivity analyses by study design features, patient characteristics, or magnitude of cholesterol lowering did not materially alter the results.

Conclusions—

We found no evidence that statins were associated with intracerebral hemorrhage; if such a risk is present, its absolute magnitude is likely to be small and outweighed by the other cardiovascular benefits of these drugs.
The Cause of Mountains: The Politics of Promoting a Global Agenda
Authors: Rudaz Gilles
Published: October 2011

Due to the localized nature of mountains, their great diversity, and the fact that their specificity is rarely taken into account by national policies, their inscription on the world's environmental agenda can be considered a tour de force. Through the case study of mountains, this paper focuses on the process of framing an environmental object as “global.” While “global” is usually considered a descriptor, I here look at it as a contingent, constructed, and contested notion. The construction of an object and its framing as environmental and as global are political acts. The goal of this paper is not to demonstrate whether the elaboration of a global mountain agenda is “right” or “wrong” but to demonstrate that it is contingent, i.e. relevant for certain actors in certain contexts. The identification of mountains as a global issue has proven to have implications for certain actors harboring specific agendas and to be a powerful motor for collective action in a globalized world.
Experimental Cardiac Hypertrophy Induced by Oral Administration of Mineralocorticoid and Saline in Rats
Authors: Voucharas Christos , Tagarakis Georgios , Lazou Antigoni , Triposkiadis Filippos , Tsilimingas Nikolaos
Published: October 2011

We suggest a new, easily applicable way of myocardial hypertrophy induction in rats. Forty randomized age-matched male Wistar rats were divided into 2 groups of 20 each: a control group and an orally administered fludrocortisone/salt group. Myocardial hypertrophy was estimated by measuring body weight, heart-weight-to-body-weight ratio and ventricular free wall thickness. Moderate myocardial hypertrophy without heart failure was established in fludrocortisone/salt group in 4 weeks. Our method is effective and low cost, and it provides a model of hypertrophic heart.
What Is Most Important for My Country Is Not Most Important for Me
Authors: Zhang Guoliang , Shao Guosong , Bowman Nicholas David
Published: October 2011

Employing a public opinion survey and a content analysis of local media, this study sets out to examine of the agenda-setting effect in China. China is highlighted in this study because it is a collectivist, socialist nation whose mainstream media is largely controlled by the state. Data from this study reveal that (a) Chinese people make clear distinctions between issues of personal importance (their personal agenda) and issues of national importance (their social agenda) and (b) the agenda-setting function of Chinese media was only observed when considering one’s social agenda; the personal agenda was not related with the Chinese media agenda. These findings hold true when comparing across different demographic groups on variables such as age, education, news source, and one’s ability to critically analyze news. This article contributes to agenda-setting scholarship by providing empirical evidence of agenda-setting effects in a political and media structure substantially different from the Western structures usually examined in such research.
Fe Allocation in Liver during Early Stages of Endotoxemia in Fe-Overload Rats
Authors: Rousseau Ivan , Galleano Monica , Puntarulo Susana
Published: October 2011

The hypothesis of this study was that alterations in Fe distribution triggered by lipopolysaccharide (LPS) administration were affected in vivo by Fe overload. Lipopolysaccharide treatment by itself significantly decreased Fe content in serum and increased the blood NO-hemoglobin (NO-Hb) EPR signal and nitrotyrosine protein content in liver, as compared to values in control animals. Fe overload (produced by Fe-dextran ip administration) caused an increase, as compared to values in control animals, in Fe content in serum, and a significant enhancement in ferritin (Ft) content, Fe content in Ft, the labile Fe pool (LIP), and the protein carbonyl content in the liver. The simultaneous administration of LPS and Fe-dextran lead to a significant increase in the Fe content in serum, blood NO-Hb EPR signal, the content of Fe, Fe in Ft, LIP, protein carbonyl, and nitrotyrosine protein in liver, as compared to values in control animals. The data reported here indicate that the protective strategy against endotoxemia of sequestering serum Fe content is not fully operative under Fe overload conditions. However, the oxidative condition of the liver does not seem to be being affected, since endogenous mechanisms were able to regulate the amount of catalytically active Fe to the same levels observed after Fe-dextran administration, even in the presence of LPS, over the initial six-hour period.
The effect of uncertain parameters on evacuation time in commercial buildings
Authors: Xie Qimiao , Lu Shouxiang , Kong Depeng , Wang Jinhui
Published: October 2011

To quantify the impact of uncertain parameters on evacuation time in commercial buildings, Monte Carlo simulation with FDS + Evac is presented in this article. In addition, the partial correlation coefficients and partial rank correlation coefficients are adopted to determine the sensitivity of evacuation time to uncertain input parameters. To illustrate the effectiveness of research procedures, a hypothetical commercial building is described as a fire compartment and the data of evacuation time are obtained from the simulation results of the FDS+Evac, which is based on the social force model, developed by the VTT Technical Research Centre of Finland and fully embedded in Fire Dynamics Simulator (FDS). And the results indicate that Monte Carlo simulation with FDS + Evac can effectively quantify the uncertainty of evacuation time caused by the uncertainties associated with input parameters. Evacuation time value corresponding to the most likely occurrence scenario may be inappropriate to be selected as the typical value used in commercial building design. In addition, safety factors can be employed to deal with the uncertainties associated with input parameters of evacuation models, but it is obvious that the safety factor should be selected prudently in performance-based fire protection design. Moreover, the most significant factor is pre-movement time among uncertain input parameters considered, which is much more important than occupant density and occupant type. When the pre-movement time or effective width distributions are large enough, occupant density and occupant type can be regarded as constant at their nominal values. However, when the occupant density or occupant type distributions are large, their impact on evacuation time cannot be ignored and should be examined carefully.
Enhancing the Assessment of Verbal Aggression Through Observational Methodology
Authors: van Dulmen Manfred H. M. , Mata Andrea D. , Klipfel Katherine M.
Published: October 2011

The assessment of verbal aggression in adolescent and young adult dating relationships has largely relied on self-report methodology. We investigated whether information on verbal aggression derived from an observational assessment would enhance the prediction of romantic relationship satisfaction and dissolution in a sample of young adult dating relationships ( N = 113). Observationally assessed verbal aggression was moderately associated with self-reported verbal aggression. Consistent with previous findings, neither self-reported nor observationally assessed verbal aggression was associated with relationship dissolution. Observationally assessed verbal aggression and self-reported verbal aggression each uniquely accounted for a substantial amount of variability in romantic relationship satisfaction. The findings of this study provide additional support for conducting multimethod assessments of verbal aggression and incorporating observational methodology in the study of aggression in young adult dating relationships.
From Agitating in the Streets to Implementing in the Suites
Authors: Newman Anne , Deschenes Sarah , Hopkins Kathryn
Published: October 2011

Community organizing for education reform continues to expand across U.S. cities, and this article provides a framework for understanding how grassroots advocacy organizations influence local education policy. Comparing two landmark policy reforms achieved by advocates in California, we analyze the complicated role advocates have in reform that they initiate and see through to implementation. We highlight how political context, ideas about social change, and advocacy strategies interact in the advocacy process. We find advocates must agitate enough to compel change, while maintaining legitimacy with public officials who can institutionalize reform. A framework for analyzing local advocates’ work is particularly salient as community organizing for education reform continues to spread across US cities.
The Effects of Educational Policy and Local Context on Special Education Students’ Experiences of School Removal and Transition
Authors: Brown Tara M.
Published: October 2011

This article examines school removals and transitions among nine special education students. First, the Individual with Disabilities Education Act (IDEA) and the local school discipline policy and special education contexts are discussed. Next, drawing from participants’ narrative accounts, the ways in which policy mandates and contextual conditions shaped their individual experiences are examined. Findings reveal the significance of IDEA and the profound impact of educational policies on students having academic and disciplinary difficulties. I argue for further examinations of the “on-the-ground” effects of educational policies and for students and their families to have more power in school accountability.
The Brain Basis of the Phonological Deficit in Dyslexia Is Independent of IQ
Authors: Tanaka Hiroko , Black Jessica M. , Hulme Charles , Stanley Leanne M. , Kesler Shelli R. , Whitfield-Gabrieli Susan , Reiss Allan L. , Gabrieli John D. E. , Hoeft Fumiko
Published: October 2011

Although the role of IQ in developmental dyslexia remains ambiguous, the dominant clinical and research approaches rely on a definition of dyslexia that requires reading skill to be significantly below the level expected given an individual’s IQ. In the study reported here, we used functional MRI (fMRI) to examine whether differences in brain activation during phonological processing that are characteristic of dyslexia were similar or dissimilar in children with poor reading ability who had high IQ scores (discrepant readers) and in children with poor reading ability who had low IQ scores (nondiscrepant readers). In two independent samples including a total of 131 children, using univariate and multivariate pattern analyses, we found that discrepant and nondiscrepant poor readers exhibited similar patterns of reduced activation in brain areas such as left parietotemporal and occipitotemporal regions. These results converge with behavioral evidence indicating that, regardless of IQ, poor readers have similar kinds of reading difficulties in relation to phonological processing.
Association of CD247 with systemic lupus erythematosus in Asian populations
Authors: Li R , Yang W , Zhang J , Hirankarn N , Pan H-F , Mok CC , Chan TM , Wong RWS , Mok MY , Lee KW , Wong SN , Leung AMH , Li X-P , Avihingsanon Y , Lee TL , Ho MHK , Lee PPW , Wong WHS , Wong C-M , Ng IOL , Yang J , Li PH , Zhang Y , Zhang L , Li W , Baum L , Kwan P , Rianthavorn P , Deekajorndej T , Suphapeetiporn K , Shotelersuk V , Garcia-Barceló M-M , Cherny SS , Tam PK-H , Sham PC , Lau CS , Shen N , Lau YL , Ye D-Q
Published: October 2011

Objective: Systemic lupus erythematosus (SLE) is a prototypic autoimmune disease with complex genetic inheritance. CD247 (CD3Z, TCRZ) plays a vital role in antigen recognition and signal transduction in antigen-specific immune responses, and is known to be involved in SLE pathogenesis. Weak disease association was reported for genetic variants in this gene in Caucasian studies for SLE, Crohn's disease and systemic sclerosis, but its role as a genetic risk factor was never firmly established. Methods: In this study, using a collection of 612 SLE patients and 2193 controls of Chinese ethnicity living in Hong Kong in a genome-wide study, single nucleotide polymorphisms (SNPs) in and around CD247 were identified as being associated with SLE. The two most significant SNPs in this locus were selected for further replication using TaqMan genotyping assay in 3339 Asian patients from Hong Kong, Mainland China, and Thailand, as well as 4737 ethnically and geographically matched controls. Results: The association of CD247 with SLE in Asian populations was confirmed (rs704853: odds ratio [OR] = 0. 81, p = 2.47 × 10−7; rs858543: OR = 1.10, p = 0.0048). Patient-only analysis suggested that rs704853 is also linked to oral ulcers, hematologic disorders and anti-double-stranded DNA (dsDNA) antibody production. Conclusion: A significant association between variants in CD247 and SLE was demonstrated in Asian populations. Understanding the involvement of CD247 in SLE may shed new light on disease mechanisms and development of new treatment paradigms.
Participation of Children in Clinical Trials: UK, European and International Legal Perspectives on Consent
Authors: Plomer Aurora
Published: October 2011

The Declaration of Helsinki was, until recently, the leading international code on the conduct of clinical trials on human subjects. The Council of Europe's Convention on Human Rights and Biomedicine (1997) and the ICH guidelines for Good Clinical Practice (1996) represent a significant step towards increased harmonization of standards in the conduct of medical experiments on human subjects. But in spite of emerging areas of consensus, there remain important areas of unclarity and divergence. Medical practitioners involved in paediatric research in the UK are concerned about the lack of certainty in the law, particularly on the application of consent rules to emergency research. This paper examines UK, European and International norms on participation of children in medical research and compares the circumstances under which consent rules may be waived under each normative regime.
Hazard Alerts and Product Liability: Can a Normally Functioning Medical Device be a Defective Product?
Authors: Melnitchouk Olya , Pearl Simon
Published: October 2011

This article considers whether a prosthetic medical device which has a risk of malfunction, but which continues to work normally for its intended purpose, is a defective product within the meaning of the Consumer Protection Act 1987 and the Product Liability Directive 85/374/EEC. The article examines how an English court may approach the question of whether a cause of action exists based on the risk that such a device may prematurely fail, in light of Mr Justice Burton's reasoning in the Hepatitis C case.
Autonomy & Audit — Striking the Balance
Authors: Hagger Lynn , Woods Simon , Barrow Paul
Published: October 2011

The Data Protection Act 1998 purports to implement European legislation which aims to protect the privacy of individuals. There were such concerns about the implications of the Act for certain research and audit that it became necessary to enact further legislation to enable such essential activities to continue. Although this empowers the Secretary of State for Health to approve proposals for these purposes, there should still be a requirement that the use of identifiable personal information without consent must be justified on compelling public interest grounds. It is this that can confound those seeking to rely on such justification. There can either be too cavalier an approach to the issue, and/or there is little sense of what considerations should come into play. This paper attempts to highlight some of the difficulties that are theoretically raised by some audit activities and set out the legal framework within which they must operate. However, the key focus is on how ethical considerations might inform the public interest argument.
An Ill-Conceived Conception?
Authors: Irvine W. Nigel
Published: October 2011

A little over 20 years after the first ‘test-tube’ baby, evidence is now beginning to emerge that casts doubt on the efficacy and safety of the processes involved. This article will argue that, given the human costs involved, the time has now come to re-evaluate whether such services are indeed the most appropriate and ethical means of addressing the problems of infertility.
Public Bodies and Private Medical Records: The Health and Social Care (Community Health and Standards) Act 2003
Authors: Loughrey Joan
Published: October 2011

This article examines the powers granted to the newly established Healthcare Commission to gain access to, use, and pass on to third parties, confidential patient information and records. It criticises the absence of independent oversight of the exercise of these powers, given the threat they pose to patient privacy and medical confidentiality and examines whether they are likely to conflict with existing norms governing privacy, in particular the law of medical confidentiality, the Data Protection Act 1998 and the Human Rights Act 1998. Finally it places the Health and Social Care (Community Health and Standards) Act 2003 in context as an instance of an overall trend evident in recent public policy initiatives, which favours institutional efficiency over privacy concerns, and which may be seen as an outcome of the Government's communitarian agenda.
Who's Caring for Me?
Authors: Brazier Margaret , Beswick Joanne
Published: October 2011

Much of the overall responsibility for primary care has shifted from the individual patient's general practitioner to ‘her’ Primary Care Trust (PCT). PCTs play a pivotal role both in relation to the provision of primary care in the community and arranging secondary care in hospitals. In so doing, PCTs ‘choose’ from a broad spectrum of ‘providers’ in the public and private sectors. Patients in need of surgery may find themselves admitted not to their local NHS hospital, but to a private clinic, or even a hospital abroad. Does ‘their’ PCT owe them a duty of care and does it matter?
A Penny for Your Thoughts, A Pound for Your Flesh: Implications of Recognizing Property Rights in our Own Excised Body Parts
Authors: Harmon Shawn H.E.
Published: October 2011

The implications of recognizing property in our own excised body parts are vast and far reaching, involving ethical, legal and practical issues that cut across many aspects of modem social intercourse and legal regulation. Arguments both for and against such recognition are well rehearsed; enough has been written to fill a small library, or at least a large bookshelf. A significant portion of the work considers the role and impact of such recognition on human dignity. Indeed, given the special status accorded the human body, it is impossible to avoid human dignity and its interaction with the various choices presented by the adoption of a property model. However, reference to this general ethical value is of little assistance. Here, the ethical foundation of a property model is considered within the context of medical ethical four principles, namely autonomy, beneficence, non-maleficence and justice. If such a model promotes these principles, it can be ethically defended. The primary implication of recognizing property in our own excised body parts — the emergence of transactions relating to such parts as between originators and third parties — is assessed against these principles and found to be ethically defensible. In the course of that assessment, many of the derivative implications of adopting such a system (procurement, risk, allocation) are discussed. The necessary alterations to or limitations of the more purely property law principles are also briefly considered, namely issues of title, transfer, valuation and quality. The paper concludes that a property model is ethically supported and legally manageable, and, despite the near impossibility of seeing it come to fruition, it may be the only way to truly engage potential “donors” and recognize in them the same value and rights currently enjoyed by other actors in the body part industry.
Clinical Ethics Committees in the United Kingdom: Towards Evaluation
Authors: Williamson Laura , McLean Sheila , Connell Judith
Published: October 2011

In the United Kingdom there is a growing conviction that CECs have an important role to play in helping health care professionals address ethical dilemmas. For example, the Royal College of Physicians, the Nuffield Trust and the unofficial Clinical Ethics Network, which has received financial support from the Department of Health, commend the use of CECs in the UK. The growth of such committees has been influenced by the legal and policy support they have received in the United States. However, there is increasing concern about both the benefits and the quality of work produced by CECs. In addition, despite the rapid increase in the number of CECs in the UK, outside of the United States they remain under-researched and no formal mechanism exists to assess their performance. As a result we know little about the structure, function, impact and effectiveness of CECs. We are currently conducting a research project funded by the Wellcome Trust that seeks to interrogate the competing claims regarding the benefits and disbenefits of CECs. This initial account of our research provides a detailed analysis of theoretical issues that surround the development and use of CECs and points towards the questions that lie at the heart of the social science strand of our project.
Purposive Interpretation and the Regulation of Technology: Legal Constructs, Legal Fictions, and the Rule of Law
Authors: Adcock Mike , Beyleveld Deryck
Published: October 2011

Blackstone and Bentham held opposing views about the legitimacy of legal fictions. Blackstone felt that legal fictions could be useful devices, whereas Bentham held them in complete contempt. This paper aims to partially reconcile these two positions. It distinguishes between two types of fictions in the law, one described as a fiction for the purposes of the law and the other as a fiction about the law. Examples are drawn from medical and patent law to highlight situations where the law has been used in a purposive manner to achieve fundamental values, compared to where the law has been distorted to realise an aim incompatible with the rule of law. Some implications for the standard doctrine of legal fictions are drawn.
The Evaluation of Capacity to Make Admission Decisions: Is it a Fair Process for Idividuals with Communication Barriers?
Authors: Carling-Rowland Alexandra , Wahl Judith
Published: October 2011

In Ontario the Health Care Consent Act protects the rights of competent patients to understand an alternate discharge destination and to consent to such discharge plans. Social work case managers evaluate the capacity of patients to refuse or accept admission to long-term care facilities by administrating the ‘Capacity to Make Admission Decisions’ questionnaire. The evaluation is a framework to reveal the patient's ability to understand and appreciate a decision. This article will show that the current capacity evaluation is not a fair process for people with communication barriers arising from stroke, progressive neurological diseases or English as a Second Language (ESL). Critical thinking and competency can be preserved but is masked both by the communication barrier and by an evaluation process that is inaccessible to many. This article will also proffer solutions in order to preserve the rights of this particularly vulnerable population.
The Secret World of Liver Transplant Candidate Assessment
Authors: Cherkassky Lisa
Published: October 2011

Organ transplantation is a field entangled with ethical complexities. One of the major controversies subject to debate is resource allocation. The UK's organ procurement agency, NHS Blood and Transplant, must ensure that the limited number of human organs are allocated to the most efficient, yet the most deserving, transplant candidates. NHSBT have published numerous organ allocation protocols to this end, but little of known of the transplant candidate assessment process, which not only plays a pivotal role in selecting suitable transplant candidates for the waiting list, but also plays host to some of the most difficult ethical decisions in medicine. This piece will examine the UK liver transplant candidate assessment process in detail, paying particular attention to the composition of transplant teams, the diverse candidate criteria under examination, and the controversial grounds upon which a candidate can be excluded from transplantation. The limited regulations surrounding transplant teams and the opportunities to discriminate against particularly vulnerable candidates—such as alcoholics and illicit drug users—will also be discussed, and it will be asked if a fair assessment process for all liver transplant candidates can be guaranteed by NHSBT when transplant teams are subject to such a wealth of discretion.
Legislating to Give Effect to Precedent Autonomy: Comparative reflections on Legislative Incompetence
Authors: Halliday Samantha
Published: October 2011

This article considers the legislative responses to the perceived need to provide for the binding force of precedent autonomy in Austria, Germany and England. It reflects comparatively upon the impact of these responses in considering to what extent it is possible to make an anticipatory refusal of consent to medical treatment that will bind healthcare professionals, as opposed to being merely a factor to be considered in determining the patient's best interests or presumed will. It concludes that each of the three legislatures has introduced significant hurdles to the creation of a binding anticipatory decision, ensuring that medical discretion and the presumption in favour of life will be preserved in the majority of cases, and in so doing undermines the very concept of precedent autonomy.
Genetic Diagnostic Information and the Duty of Confidentiality: Ethics and Law
Authors: Ngwena Charles , Chadwick Ruth
Published: October 2011

The article explores in the context of the duty of confidentiality the ethical and legal dilemmas posed for the doctor holding a patient's genetic information where there are two competing interests — the interest in protecting the confidentiality of the patient and the interest in protecting a third party from harm. The discussion is confined to third parties that are either genetically related to the confider or share a reproductive interest with him/her.

It is submitted that it is desirable in exceptional circumstances to give the doctor a discretion to disclose confidence to a third party on the grounds of preventing harm. However, the circumstances for so disclosing need to be carefully circumscribed. Further, it is submitted that there is little support for imposing a duty to disclose.
Recent Developments in the Netherlands Concerning Euthanasia and other Medical Behavior that Shortens Life
Authors: Griffiths John
Published: October 2011

This article discusses recent developments in Dutch law with respect to the legitimacy of medical behavior that shortens life, in particular as reflected in a number of reports of authoritative medical bodies and in a recent decision of the Dutch Supreme Court. The direction of legal development seems to be toward ever more effective and comprehensive control, while both the autonomy of the patient and doubts concerning the benificence of medical treatment are increasingly important in the legitimation of such behavior.
Medical Research and Treatment: Ethical Standards in the International Context
Authors: Vennell Margaret A. Mcgregor
Published: October 2011

The paper considers the development of Codes of Health Research Ethics. It also considers the need for codes of ethics governing the provision of health care, and its relationship to research ethics. Is there a need for codes to regulate both research and treatment? Should the norms of the International Ethical Guidelines for Biomedical Research Involving Human Subjects (ClaMS) be incorporated into an International Convention which is binding on signatory states. The paper considers the rights of human subjects and patients to be fully informed about the research and treatment. How can the law or ethics protect this right? It considers whether New Zealand law and ethics measures up to the ClaMS Guidelines. The ClaMS Guidelines provide that any subject who is physically injured as a result of participating in research is entitled to receive financial or other assistance so as to compensate them equitably for any temporary or permanent disability. The paper looks at the effect of New Zealand legislation particularly the Accident Rehabilitation and Compensation Insurance Act 1992, and considers whether New Zealand is providing adequate compensation in compliance with the Guidelines.
An Examination of the Medical Aspects of Cremation Certification: Are the Medical Certificates Required under the Cremation Act Effective or Necessary?
Authors: James D.S.
Published: October 2011

Assisted suicide is a topical issue which has been brought to public attention recently through international cases and legislation. In particular, a recent case in the Netherlands concerning the assisted suicide of a depressed patient, and the pro assisted suicide legislation in Oregon, raise disturbing issues especially for advocates representing people with mental or terminal illness.

The justifications for assisted suicide for both groups appear similar since both are vulnerable. Their vulnerability stems either from physical and emotional exhaustion caused by disease or mental distress and depression (J. Griffiths, 1994), which is often concomitant with physical disease (J. Billings, S. Block, 1994). Therefore, it is valuable to analyse the issues raised by assisted suicide for people with depression in either group.

The arguments for assisted suicide are manifold, but the way in which society responds highlights inherent assumptions regarding the quality of life of people with depression. The limited rights and protections for people with mental disabilities in Britain emphasise the necessity for ethical inquiry and advocacy on behalf of these individuals. However, a conflict may arise for the advocate who opposes the ultimate outcome, death, yet values legal representation of the stated desires of the client.
Patients' Rights of Access to their Health Records
Authors: Davies Jackie
Published: October 2011

This article examines differing judicial attitudes to common law rights of access to health records in three jurisdictions. It argues that these serve as an indicator of judicial commitment to the concept of patient self-determination. It suggests that the common law in England and Wales and Australia is out of step with an openness beginning to pervade health care and discusses why this might be so. Finally, the Canadian fiduciary model of the doctor-patient relationship is applauded for reconciling patient autonomy with the beneficient practice of medicine.
Seeking a Balance: Patient Responsibilities in Institutional Health Care
Authors: Wilson Carolyn L.
Published: October 2011

In this paper, the author argues that a rights-based culture has unfairly shifted the balance of power away from the physician to the patient with no corresponding shift in the level of responsibilities. After reviewing various Codes of Ethics and the nature of the doctor-patient relationship, the paper then considers, from a philosophical perspective, how this imbalance may be redressed within a communitarian framework. Specific attention is also given to the primary duties owed by patients to their caregivers.
‘I, Me, Mine’: Bodies, Parts and Property
Authors: Grubb Andrew
Published: October 2011

The idea that human bodies and their parts are ‘property’ has traditionally found little support in English law. By contrast, philosophers have mused at the prospect of persons owning themselves and the justice of self-ownership and its implications for the product of a person's labours. There are signs that the common law may be prepared to recognise that parts of a body are ‘property’ and subject to control by their source or another. In the recent case of R v Kelly, the English Court of Appeal decided that parts of corpses held as anatomical specimens were ‘property’ and could be stolen. The impact of the court's view may be considerable in respect of tissue and parts held by medical or other institutions for research, storage, archival or transplantation purposes; conferring legal protection where otherwise there would be none. What, however, of body parts or tissue taken from living persons? Is this ‘property’ and, if so, who has “rights” over it? The implications are considerable for patients and others, particularly researchers where commercial exploitation is envisaged.
Access to Donor Insemination: Canadian Ideals — UK Law and Practice
Authors: Rennie Elizabeth
Published: October 2011

Reproductive technology has made a huge impact on society, exposing many longstanding, unresolved anomalies in our values and traditions. Access to medically assisted reproduction is particularly controversial, raising medical, legal and ethical issues. The 1980s saw increasing demands across several jurisdictions for clear legal rules, the hope being expressed in Canada that “the law may reflect the community's level of tolerance; but … also stretch or fashion it in the interests of a worthy goal”.1 The Canadian Law Reform Commission recommended that, with regard to donor insemination, “protection for the traditional family should not be incorporated in legislation” and that “access should be limited only in terms of the cost and scarcity of resources”, selection not being based on “family status, marital status, sexual orientation and so on”.2 This paper attempts a comparative examination of UK legislation on reproductive technology in this light, with particular focus on the rationing of access to donor insemination.
Synovial Sarcoma of the Tongue Confirmed by Molecular Detection of the SYT-SSX2 Fusion Gene Transcript
Authors: Villaroel-Salinas Jaime , Campos-Martinez Jesús , Ortiz-Hidalgo Carlos
Published: October 2011

Involvement of the tongue by a synovial sarcoma (SS) is an extremely rare event; there have only been 13 cases previously reported. The authors present herein a case of monophasic SS arising in the tongue in a 32-year-old woman. The neoplasm expressed cytokeratins AE1-3, OSCAR, and EMA as well as Bcl-2 and TLE1. Molecular analysis indicated that the patient tested positive for the SYT/SS2 fusion transcript.
Muslims, Ethnicity and the Law
Authors: Dobe Kuljeet S. , Chhokar Sukhwinder S.
Published: October 2011

This paper examines the meaning of the term ‘ethnic origins’ to be found in Section 3(1) of the Race Relations Act (1976) and Section 17 of the Public Order Act (1986) with particular reference to the position of Muslims under the legislation. In recent years several cases have suggested that to discriminate against someone on the grounds of their being a Muslim or to incite hatred towards them on that ground does not contravene either the Race Relations Act (1976) or the Public Order Act (1986). This article argues that the criteria established by the House of Lords in Mandla (Sewa Singh) and another v Dowell Lee and Others [1983] 2 AC 548 are sufficiently broad to recognise British Muslims as a distinct ‘ethnic group’ if interpreted in a purposive manner and that such an interpretation is not only desirable but necessary to combat the growing problem of racial discrimination and hatred directed against Britain's Muslim population.
When Does Affirmative Action in Favour of Certain Employees Become Unfair Discrimination Against Others?1
Authors: Du Toit Darcy
Published: October 2011

The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It addresses a number of conceptual issues, including whether affirmative should be understood as a limitation on the right to equality or an expression thereof; and the differing interpretations of ‘discrimination’ by Langa DP and Sachs J in City Council of Pretoria v Walker, in both cases preferring the latter approach. Reviewing the relevant case law up to May 2000, it considers whether the approach laid down by the High Court in Public Servants Association of SA v Minister of Justice can survive the promulgation of the final Constitution and the Employment Equity Act. It also doubts whether the requirement of individual disadvantage in respect of affirmative action measures is (still) appropriate and suggests that underrepresentation of groups that suffered unfair discrimination is a preferable criterion.
Toward Substantive Equality: A Feminist Critique of the Notion of Difference in the Canadian and South African Equality Tests
Authors: Barclay Claire
Published: October 2011

Difference is implicitly measured against a standaro of ‘normality’ which upon closer inspection reveals the traits of society's dominant group — white Christian heterosexual able-bodied men. Those falling short of this benchmark are outcast as ‘different’. Although feminists long critiqued the hegemony of this standard, it was with limited success. In the early 1990's, however Martha Minow inspired a paradigm shift of our perception of difference, principally recognizing that difference is not fixed in the sense that it belongs to someone, but is variable, dependent on the comparator groups under review and the perspective of the person naming the difference. This theoretical leap has profound consequences for a substantive reading of equality. And yet the South African and Canadian courts have been slow to apply it to their equality jurisprudence. This paper examines the Canadian and South African equality tests and some of their more recent case law, concluding that the absence of a relational construction of difference perpetuates a formal application of equality.
The Way Forward — Positive Discrimination or Positive Action?
Authors: Bennett Michael , Roberts Sharon , Davis Howard
Published: October 2011

The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000, which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002, which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy); it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future.
Disability Discrimination and Higher Education in England and Wales and Australia Compared
Authors: Marshall Kim
Published: October 2011

In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which included specific provisions on education from the outset.

The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.
Sexual Harassment and Australian Anti-Discrimination Law
Authors: Tahmindjis Phillip
Published: October 2011

This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven. The differences and resulting outcomes between local jurisdictions are considered. The differences between Australian laws and overseas jurisdictions are also considered, particularly with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper considers the positive and negative features of the Australian law and argues that greater education of the legal profession is needed to allow the adequate delivery of justice to people who have been sexually harassed.
Sexual Harassment Law in France
Authors: Hannelais Joëlle , Gillot Thierry
Published: October 2011

The first laws concerning sexual harassment were passed by the French Parliament in 1992 following the recommendations of the Commission of 27 November 1991 on the protection of the dignity of men and women in the workplace. The law also obliges employers to take all necessary measures to prevent acts of harassment. Sexual harassment is also a crime in France.

This article describes the operation and application of those laws, noting the narrow definition of sexual harassment when compared to European Community law. Relatively few sexual harassment complaints have been filed in France, but this may equally be the result of confidential conciliation of complaints as of the restrictive application of the law.
Sexual Harassment Laws in Canada
Authors: Chotalia Shirish P.
Published: October 2011

This paper analyses the law of sexual harassment in Canada, including the notion of the ‘reasonable woman’, indicating a broad legislative coverage. However, despite the recognition of a clear human rights base and the quasi-constitutional character bestowed on the law by the courts, awards remain low and a compelling and consistent body of supportive jurisprudence is yet to emerge.
Exploitation of Child Domestic Labourers: The Limits of the Current Law
Authors: Zia Mansoor Farkhanda
Published: October 2011

In spite of the superfluity of international laws prohibiting child labour there is irrefutable evidence of an increase in the problem, especially in the informal sector, which is easier to conceal. The extensive use of children as domestic labourers is one of the most hidden forms of child labour, which leaves vulnerable children at risk of psychological and sexual abuse and economic exploitation.

This article undertakes an examination of the situation of the child domestic labourer. It tries to explore the legal framework for the protection of child domestic labourers and analyses shortcomings in child labour legislation. Further, the article highlights crucial issues relating to the impact of legislation on the situation of child domestic labourers who are working in the homes of their employers. It also examines the policy and response of the International Labour Organization (ILO) in combating child domestic labour. It argues for the necessity of extending the scope of existing laws and advocates a comprehensive legal framework for their proper enforcement. These policies would strengthen the legal safeguards for the protection of the rights of child domestic labourers.
Employment Equity in the Tertiary Education Sector in the Western Cape
Authors: Macewen Martin , Louw Andre , Dupper Ockert
Published: October 2011

This article seeks to summarise some important issues arising from a recent report from the Department of Mercantile Law at Stellenbosch University into employment equity in the tertiary sector. 2 The Employment Equity Act 1998 had been introduced as a key vehicle for transforming the largely white and male character of the middle and senior tiers of the South African workforce as a product of discrimination during the apartheid era. The report analyses, mainly through annual returns to the Department of Labour, the extent of progress towards achieving stated aims adopted by each institution in the tertiary sector in the Western Cape, to transform the workforce between 2000 and 2003. It comments on an absence of ambition in target setting, identifies indifferent and inadequate performance and then attempts to identify necessary change to improve the current position.
The EU Race Directive: Time for Change?
Authors: Howard Erica
Published: October 2011

The European Union (ED) Directive against racial and ethnic origin discrimination has been criticized for a number of reasons. The main ones are, firstly, that it places racial and ethnic origin at the top of the hierarchy of discrimination grounds in the ED and that it does not cover discrimination on the grounds of religion or belief; secondly, that its main aim appears to be to establish formal equality or equal treatment rather than a more substantive form of equality; and, thirdly, that it gives only limited protection to third country nationals (nationals of non-ED Member States). In this paper a number of changes to the Directive are suggested in order to make it into a more effective tool in the fight against racism and racial and ethnic origin discrimination.