bluuebunny/crossref_metadata_2025 huggingface dataset:
USO DA TECNOLOGIA DA INFORMAÇÃO E COMUNICAÇÃO: ESTUDO DE CASO NO CURSO DE CIÊNCIAS CONTÁBEIS
Authors: Braga Paulo Divino Cesar , Peters Marcos Reinaldo Severino
Published: January 2019

As Tecnologias da Informação e da Comunicação (TIC) estão cada vez mais presentes nas atividades profissionais, inclusive do docente. Diante deste aspecto, o presente trabalho foi proposto com o objetivo de analisar e identificar a utilização das TIC pelos docentes de um curso de Ciências Contábeis. A pesquisa foi conduzida com professores do Curso de Ciências Contábeis que lecionam em uma instituição de ensino superior de cunho estadual, localizada em Goiás. Procedeu-se à aplicação de um questionário validado e adaptado aos docentes. Por meio da análise dos resultados obtidos, observou-se que 50% dos docentes (50%) são do sexo masculino e (50%) do sexo feminino, com faixa etária superior a40 anos (60%). O nível de conhecimento sobre informática relatado pelos docentes foi intermediário em 100%. Todos tem acesso à internet e a utilizam para acesso ao e-mail e pesquisar informações na web (100%), seguido pela utilização das redes sociais (64,28%). 50% dos docentes tentam incluir software da área contábil em suas práticas e citam a necessidade da formação do profissional da contabilidade apto a trabalhar com as TIC. Quanto, às dificuldades relatadas incluem a dificuldade em utilizar as tecnologias existentes (64,28% que não tiveram formação acadêmica para a prática pedagógica) e a infraestrutura inadequada. Os docentes são proativos frente à TIC e possuem familiaridade com uso da informática, mas concordam que com maior investimento na infraestrutura da instituição e formação profissional aumentaria a adoção das tecnologias de forma adequada nas atividades acadêmicas relacionadas à formação do contador.
PRÁTICAS DE GESTÃO DO CONHECIMENTO DO DEPARTAMENTO DE COMPRAS DE UMA UNIVERSIDADE FEDERAL
Authors: Matos Roberta Souza de , Souza Irineu Manoel de , Silva Flora Moritz da
Published: January 2019

A presente pesquisa tem como objetivo identificar as práticas de gestão do conhecimento presentes no Departamento de Compras - DCOM de uma universidade federal brasileira, com o intuito de perceber os resultados que estas práticas trazem para o departamento e identificar as práticas ausentes e que poderão ser adotadas pelo DCOM. Para tanto, realizou-se análise documental, observação e entrevista semiestruturada com os doze membros disponíveis do DCOM. Trata-se de uma pesquisa de natureza aplicada, descritiva e com abordagem qualitativa. A gestão do conhecimento vem ganhando importância nas organizações, sendo o conhecimento apontado como um valioso fator de sucesso da atualidade. Por meio dos resultados da pesquisa, identificou-se à presença das práticas de: Coaching, Educação Corporativa, Sistemas Workflow, GED, Mapeamento de processos, Lições Aprendidas, Melhores Práticas, Portal Corporativo, Aprendizagem Organizacional, Mentoring e Normalização e Padronização. Em contrapartida as práticas ausentes no DCOM são: Comunidades de Prática, Benchmarking, Memória Organizacional, Gestão por Competência, Inteligência Competitiva, Mapeamento de Conhecimentos e Relacionamento com cliente. Dessa forma, propõe-se um modelo de implantação das práticas que poderão ser adotadas pelo DCOM, a fim de proporcionar melhorias no desempenho organizacional. ge
Síndrome poliglandular autoimune tipo III: uma rara associação entre doença de graves, vitiligo e miastenia gravis
Authors: Tavares Jamila Vaz , Kahwage Amanda Machado
Published: January 2019

Introdução: A sindrome poliglandular autoimune (SPA) é caracterizada pela associação de doenças autoimunes órgão-específicas endócrinas e não-endócrinas, e se classificam em quatro tipos dependendo dos órgãos afetados. A SPA tipo III é definida como associação entre doença da tireoide autoimune com outras entidades autoimunes como doenças gastrointestinais, neuromusculares, pele, etc. Detalhamento do caso: Este relato descreve o caso clínico de um paciente masculino de 22 anos, apresentando associação de Doença de Graves, Vitiligo e Miastenia Gravis diagnosticada por critérios clínicos bem estabelecidos e exames complementares como marcadores de autoimunidade e exames de imagem, são mostradas as complicações apresentadas pelo paciente, o tratamento instituído e sua evolução clínica. Discussão: Compara-se o caso descrito com os achados relatados na literatura, abordando a epidemiologia, apresentação clínica, métodos diagnósticos e tratamentos disponíveis, ressaltando a importância da investigação clínica detalhada, no intuito de realizar diagnósticos mais precoces e tratar adequadamente os pacientes.
Symmetry Breaking and the Turn-On Fluorescence of Small, Highly Strained Carbon Nanohoops
Authors: Lovell Terri , Colwell Curtis , Zakharov Lev N. , Jasti Ramesh
Published: January 2019

[n]Cycloparaphenylenes, or “carbon nanohoops,” are unique conjugated macrocycles with radially oriented p-systems similar to those in carbon nanotubes. The centrosymmetric nature and conformational rigidity of these molecules lead to unusual size-dependent photophysical characteristics. To investigate these effects further and expand the family of possible structures, a new class of related carbon nanohoops with broken symmetry is disclosed. In these structures, referred to as meta[n]cycloparaphenylenes, a single carbon-carbon bond is shifted by one position in order to break the centrosymmetric nature of the parent [n]cycloparaphenylenes. Advantageously, the symmetry breaking leads to bright emission in the smaller nanohoops, which are typically non-fluorescent due to optical selection rules. Moreover, this simple structural manipulation retains one of the most unique features of the nanohoop structures-size dependent emissive properties with relatively large extinction coefficents and quantum yields. Inspired by earlier theoretical work by Tretiak and co-workers, this joint synthetic, photophysical, and theoretical study provides further design principles to manipulate the optical properties of this growing class of molecules with radially oriented p-systems.
Innovative teaching units applied to physical education
Authors: Viciana Jesús , Mayorga-Vega Daniel
Published: January 2019

The aim of this article is to reflect on the original attributes that define planning in order to reformulate the concept of teaching units in Physical Education (PE), providing teachers with new structures of planning that allow them to achieve authentic outcomes. Some issues related to students’ learning are raised as regards the duration of a traditional teaching unit, as well as the total time amount and allocation dedicated to students’ learning. Based on previous psychological and learning theories, as well as on in-service teachers’ experience, four proposals of innovative teaching units are provided. Providing opportunities for significant and meaningful learning level in PE is not an easy task for teachers. The main objective of the proposals is to provide students with substantial learning experiences and to accomplish authentic outcomes by planning PE classes. Intermittent, alternated, irregular, and reinforced teaching units are analysed. The proposals focus on new approaches to time allocation in PE, and on a renovated concept of unit planning and curriculum design. Several applications for each type of teaching unit are shown in order to highlight PE teachers’ opportunities to innovate their planning. The proposals of intermittent, alternated, irregular, and reinforced teaching units could guide teachers through planning of PE based on related learning and may provide an effective tool for PE planning to overcome learning deficiencies attributed to traditional teaching units.
Sport education model and self-determination theory
Authors: Cuevas Ricardo , García-López Luis Miguel , Serra-Olivares Jaime
Published: January 2019

Using self-determination theory as a guiding framework, this study analyzed the impact of the Sport Education Model in self-determination and motivation, psychological basic need thwarting, enjoymentsatisfaction, boredom, and intention to be physically active in Physical Education (PE) of secondary school students in Spain. Two groups were selected for the study: an experimental group (EG; n=43), which received 19 volleyball lessons following the Sport Education Model, and a control group (CG; n=43), which received 19 traditional Physical Education lessons. Pre- and post-intervention measures were taken in both groups. The results showed significant improvements in intrinsic motivation in EG. The results are discussed, and the suitability of the Sport Education Model to improve self-determined behaviors in Physical Education is emphasized.
Self-talk does not affect the transfer and retention in the tennis forehand learning in beginners
Authors: Santos Ferreira Thiago Rogel , Bastos Flávio Henrique , Pasetto Silmara Cristina , Torriani-Pasin Camila , Corrêa Umberto Cesar
Published: January 2019

The aim of this study was to investigate the effects of self-talk on motor learning in beginners. The learning task was the forehand stroke in tennis. Eighty-four students were assigned into five self-talk groups and one control group. One of the self-talk groups used four cues for directing attention to key elements of the forehand stroke. The other self-talk groups made use of only one of the four cues (ball, bounce, hit, and ready), and the control group received only general instructions. In the acquisition phase, all groups performed 180 trials over three days. Then they performed a transfer test of 10 trials involving a change in the target direction. After five days they performed a retention test in the same conditions of the acquisition phase. The performance was analysed in terms of rates of success and consistency of the forehand hit to the target located on the opponent’s court. Results showed that all groups improved their performances in the acquisition phase, and that they maintained the improvement in the retention and transfer tests. However, no differences were found between the groups. It was concluded that self-talk did not affect the learning of forehand stroke in tennis. In addition, learning with self-talk with four cues was similar to that with selftalk with only one cue.
MIGRAÇÕES: FRATERNIDADE E XENOFOBIA NA SOCIEDADE COSMOPOLITA
Authors: Simões Bárbara Bruna De Oliveira , Costanza Graziele Silva , Rudnicki Dani , Martini Sandra Regina
Published: January 2019

Este artigo pesquisa os fluxos migratórios através da fraternidade e da xenofobia na sociedade cosmopolita. Questiona-se como se manifesta a presença da fraternidade e da xenofobia nesta sociedade em relação às migrações. Objetiva-se analisar os paradoxos que permeiam as atitudes das populações que vivem nas nações de destinos das pessoas em rota de migração. Isso porque, ao mesmo tempo em que se observam políticas e campanhas de acolhimento e hospitalidade para com os migrantes, também são visíveis o medo e a indiferença de alguns grupos sociais, o que gera sentimentos negativos e atitudes xenofóbicas. Utiliza-se como referencial teórico a Metateoria do Direito Fraterno, de Eligio Resta, por meio de pesquisa bibliográfica, buscando desvelar os conceitos expostos acima. Considera-se que a fraternidade é uma aposta válida para acabar com a xenofobia e, enfim, acolher adequadamente o “outro” como o “outro-eu”.
Accounting and Analytical Sources of Economic Risks Identifcation
Authors: Serebryakova T. Yu. , Gordeeva O. G. , Kurtayeva O. Yu.
Published: January 2019

The growth of the economy of an enterprise necessitates the use of risk-oriented approach to numerous management systems. Control is no exception. Risk-based control has risk management as a foundation. Risk management means taking risks into account and their analysis. An interesting methodological problem is to research the methodological opportunities to use accounting information in risk management in particular for risk identifcation, assessment and monitoring. The researchers use general scientifc methods of cognition such as systematic approach, logical generalization, legal and linguistic analysis, hypothesis. It is appropriate to identify the risks for all the levels of management and process. The processes at all levels are reﬂected in accounting. The idea is to extract the information necessary for business risk identifcation from the accounting data. The authors propose to use the Yuji Ijiri principle of triple accounting and to extend it to quadruple accounting. The proposed methodology is realized through automated information systems because the necessary detailing could be obtained by using computers. The main idea is that the change in capital is analyzed frst by changes in the balance sheet data and then by revenues and expenses. The results of calculations are presented in formats 1 and 2 accordingly. The results of capital factor analysis of capital due to changes in assets and liabilities are presented in format 3. The inﬂuence of changes of proft components on capital is presented in format 4. The results of the analysis are used to identify and make the primary assessment or risks. The proposed methodology of risk identifcation and their primary assessment makes it possible: 1. To use the data from accounting systems to identify business risks on systematic basis. 2. To ensure the comprehensive approach to risk identifcation. 3. To provide a mental representation of factors inﬂuencing the capital growth.
A  Retrospective  Analysis  of  the  Formation   of  Financial  Control in  Russian  Universities
Authors: Drachena I. P.
Published: January 2019

The formation of fnancial control in Russia has been developing, starting from the 17th century, and is still continuing. For many years there have been carried out various legal changes depending on the encountered socio-economic situations. The essence and goal of fnancial controls remained unchanged. The article describes the gradual formation of fnancial control in Universities of Russia since the 18th century to the present. There are four stages: the frst stage — the frst higher educational institutions and frst fnancial authorities controlling the expenditure of the funds. The second stage marked gradual increase in the number of new universities, as well as the increased number of students, the frst Ministry of education appeared — the frst Ministry that was separately controlling the higher education. The third stage was the biggest turning point for our country — there were constantly changing departments, overseeing higher education, due to the large number of wars and revolutions the number of new universities, as well as funding, either rapidly increased or plummeted. In the fourth phase we can see a large number of different controlling fnancial bodies, a large number of universities, as well as the high level of higher education funding.
Uso de sementes de Moringa oleifera como agente coagulante para o tratamento de água (Use of Moringa oleifera seeds as a coagulant for the treatment of water)
Authors: Balbinoti Jonas Raul , Beghetto Camila Laschiwitz , Silva Lucicleide Ângelo , Coral Lucila Adriani , Bassetti Fatima de Jesus
Published: January 2019

O sulfato de alumínio e o policloreto de alumínio são coagulantes químicos eficientes para formação de flocos em unidades de tratamento de água. No entanto, estes coagulantes podem contribuir para o desenvolvimento da doença de Alzheimer pelo alumínio residual na água pós-tratamento. Em razão disso, esta pesquisa teve como objetivo verificar a aplicação de extrato salino (CaCl2) de sementes de Moringa oleifera no tratamento de águas com baixa turbidez, usando flotação por ar dissolvido (FAD). A eficiência do processo foi determinada mediante os parâmetros cor, turbidez, pH e condutividade, os quais foram discriminados por Análise de Componentes Principais. Duas condições de turbidez (10 e 20 uT) foram utilizadas neste estudo, enquanto os ensaios de coagulação, floculação e FAD foram realizados com extratos salinos da semente nas dosagens de 10, 20, 30, 40 e 50 mg L-1. Os resultados indicaram que houve remoção de turbidez (64,2 e 78,2%) e cor (77,6 e 72,4%) em águas com turbidez de 10 e 20 uT, respectivamente. A condutividade aumentou em função do maior acréscimo de coagulante, enquanto o pH não foi alterado de forma significativa. Concluiu-se, desta forma, que o uso do coagulante Moringa oleifera favoreceu a remoção dos parâmetros cor e turbidez, melhorando a qualidade da água.   A B S T R A C TAluminum sulphate and aluminum polychloride are efficient chemical coagulants for flake formation in water treatment plants. However, these coagulants can provide the development of Alzheimer's disease by residual aluminum in the post-treatment water. The objective of this research was to verify the application of saline extract (CaCl2) from Moringa oleifera seeds in the treatment of water with low turbidity using dissolved air flotation (DAF). The efficiency of the process was determined by the parameters color, turbidity, pH and conductivity, which were discriminated by Principal Component Analysis. Two turbidity conditions (10 and 20 NTU) were used in this study, while coagulation, flocculation and DAF assays were performed with saline extracts at the doses of 10, 20, 30, 40 and 50 mg L-1. The results indicated that turbidity (64.2 and 78.2%) and color (77.6 and 72.4) were removed in waters with turbidity of 10 and 20 NTU, respectively. The conductivity increased as a function of the higher coagulant addition, while the pH was not significantly altered. It was concluded, therefore, that the use of the Moringa oleifera coagulant favored the removal of the color and turbidity parameters, improving the quality of the water.Keywords: Water quality. Natural coagulant. Dissolved air flotation. Chemometrics Analysis.
Ownership and private property from the perspectives of Hegel and Marx
Authors: Hidalgo Desiree
Published: January 2019

The concept of private property has been widely explored and debated among scholars,since different conceptions of freedom are directly involved. Different notions of freedom have also been analyzed from the perspective of key figures in the history of modern political thought such as those from Hegel and Marx. This essay explores the theme of private property, analyzing how freedom is important for both theorists, but at the same time how their approaches diverge. Through the analysis and examination of their texts this paper argues for the Marxist approach since it provides a solution to the problem of inequality in regards to freedom.
The Unsettled Business: Should Antidumping Laws be Replaced by Competition (Antitrust) Law under Free Trade
Authors: Kent Christopher
Published: January 2019

Some academics conclude that antidumping laws are no longer necessary in the era of the North American Free Trade Agreement and can be replaced by competition (antitrust) laws. However, the author argues that Canada and the United States have not achieved the degree of free trade necessary to eliminate the need for antidumping law.
The article begins by providing an in depth analysis of the operation of the North American Free Trade Agreement (NAFTA), the Free Trade Agreement (FTA) and the General Agreement of Tariffs and Trade (GATT) before examining the Canadian and American approaches to antidumping law. Then, using the writings and concepts of Jacob Viner, the author demonstrates that non-predatory, intermittent dumping may continue to occur under the NAFTA, thus necessitating the maintenance of antidumping law in a modified form.
The author also submits that existing bodies of competition law could not fill the void created by a repeal of the antidumping laws, primarily because of the fundamental differences which exist between Canadian and American approaches to antitrust law. In order to do so, a significant amount of American material is also examined.
A Need for Change: Cross-Cultural Sensitization of Lawyers
Authors: Chalifoux Troy
Published: January 2019

In this article, the author reveals a connection between systemic discrimination in the Canadian criminal justice system and the disproportionate representation of Aboriginal people in the system. The injustices faced by Aboriginals are partially attributed to the one-dimensional value system (that of the British Crown) on which the Canadian justice system is based. There is seen a fundamental conflict between the Aboriginal and non-Aboriginal concepts of justice
Instream Flow and Athabasca Oil Sands Development: Contracting Out/Waiver of Legal Water Rights to Protect Instream Flow — A Legal Analysis
Authors: Kwasniak Arlene J.
Published: January 2019

As Alberta Athabasca oil sands development increases, so do the oil sands industry’s water requirements from the Athabasca River. In an attempt to address the competing interests of industry’s needs and maintain sufficient instream flow in the River to support aquatic ecological needs, Alberta Environment and the federal Department of Fisheries and Oceans developed a Water Management Framework designed to identify and protect instream flow requirements. This article examines the Framework’s interaction with legal rights, particularly in the context of licences granted under Alberta water rights legislation. The article raises and analyzes issues concerning the enforceability of the Framework as either a contracting out or waiver of legal rights. As well it considers the effectiveness of the industry agreement made in connection with the Framework. Finally, the article discusses alternative possibilities for reconciling industry’s water needs with the protection of the aquatic environment.
Discarding Reasonable Expectations of Privacy: A Critique of R. v. Patrick
Authors: MacKinnon William
Published: January 2019

Patrick, the Supreme Court of Canada’s latest landmark privacy decision, will have a tremendous impact on policing in years to come. In Patrick, police officers sifted through the curbside garbage of Mr. Patrick, discovered compelling evidence of drug production in its contents, used the information to secure a warrant to enter his residence, and found an ecstasy lab once inside. The Supreme Court, in upholding the decision of the Alberta Court of Appeal, denied Patrick’s claim to a reasonable expectation of privacy in his garbage.
Growing Resolve: A Review of An Introduction to Environmental Law and Policy in Canada by Paul Muldoon, Alastair Lucas, Robert Gibson, and Peter Pickfield
Authors: Hughes Elaine
Published: January 2019

In 2005, commenting on a government review of the main federal toxic substances control legislation, Jason Unger aptly described the general public’s usual role in Canadian environmental law: “[They are] left to wander a maze of legislative and non-legislative instruments, each with varying amounts of transparency, to determine whether standards for a particular substance exists, what the standards are, whether they are being met and whether they can take legal action to enforce them.” Explaining our system of pollution control and resource management law to the general public — where it came from, why it was chosen, in what way it (even remotely) seems rational, how it works, what flaws it has, how to use it, and how one might improve it — is a daunting task indeed. Nevertheless, authors Paul Muldoon, Alastair Lucas, Robert Gibson, and Peter Pickfield set out in An Introduction to Environmental Law and Policy in Canada to provide a primer on these issues for interested students and members of the public.
Operators’ and Processors’ Liens: Priority, Enforcement, and Practical Considerations
Authors: Leew Edward A. , Purves-Smith Zeke
Published: January 2019

This article discusses the consequences of non-perfection of an Operator’s lien and the casual attitudeof Operators towards protecting their security interests. The authors also discuss the nature and level of protection provided by a valid Operator’s lien in a variety of circumstances, and a number of enforcement considerations, from both a practical and legal perspective, in both a perfected and non-perfected context.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Bower Scott H.D. , Greenfield Donald E.
Published: January 2019

This article provides an overview of recent judicial developments of particular interest to oil and gas lawyers. The authors summarize and comment on recent Canadian case law in the areas of: aboriginal, administrative, contract, environmental, unit agreement, right of first refusal, surface rights, taxation, joint operating agreement, tort, farmout agreement, royalty, and limitations law.
Open Pricing Agreements and the Dissemination of Data under the Combines Investigation Act
Authors: Nozick R. S.
Published: January 2019

Attempts to enforce the prohibition against price fixing in the Combines Investiga tion Act have resulted in confusion regarding the distinction between actual price fixing agreements, open pricing agreements and data dissemination agreements. This confusion arises due to the similarity in the motivation for entering into the three types of agreements and in the consequences of the agreements. The author considers the legality and the ramifications for competition policy of agreements facilitative of open pricing. Most open pricing agreements are probably illegal under the Combines Investigation Act, Mr. Nozick concludes, and almost all such agree ments are harmful and should be prohibited. Data dissemination agreements, while probably not illegal, have anti-competitive effects, and accordingly should be regulated.
Small Claims for Alberta: Some Recommendations
Authors: Spevakow R. B.
Published: January 2019

Small claims courts have been the subject of legal and legislative scrutiny in number of jurisdictions. This article examines the small claims system, paying particular attention to the underlying purpose of such system: to provide the individual with an accessable means to obtain speedy, inexpensive and understand able redress. In light of this purpose, concerns that the courts may ignore the in dividual (particularly when the individual is defendant), and that the courts may be used as judicial collection agencies, are raised and discussed. Much attention is given to the format of the court and the roles of judge and lawyer. Although material is drawn from research done in several Canadian and American jurisdictions, discussion is aimed specifically at the situation in Alberta. Portions of the article are followed by recommendations aimed at remedying specific problems raised in the discussion.
Valuation of Security Interests Upon Expropriation
Authors: Price Francis C. R.
Published: January 2019

With the introduction of The Expropriation Act, S.A. 1974, c. 27, Alberta became and today remains the only jurisdiction in Canada where security interests are valued upon expropriation on the basis of their market value. The other Canadian jurisdictions compensate security holders on the basis of the outstanding balance owed on their security. In this article brief review of the relevant Ontario pro visions is made, and the article discusses the difference between the Alberta and Ontario provisions, analyzing the advantages and disadvantages of each approach, and in particular reviewing the potential problems which may result from the approach adopted by the Alberta Expropriation Act.
Nature and Effects of Consent with Respect to the Right to Life and the Right to Physical and Mental Inegrity in the Medical Field: Criminal and Private Law Aspects
Authors: Castel J. G.
Published: January 2019

The purpose of this article is to analyze the nature and effects of patient's or subject's consent to therapeutic and non-therapeutic treat ment and research in Canadian criminal law, and in the private law of Quebec and the common law provinces, and to propose guidelines for possible legislation.
Controlling the Ministers
Authors: Schachter Raymond D.
Published: January 2019

The author examines the subject of assignment of powers to Ministers and administrative boards and the subsequent erosion of individual rights of redress against their decisions. He presents review of Canadian and British decisions dealing with problems of limiting the bases for the use of these powers. The effectiveness of court action as device for controlling executive power is left as question requiring further discussion.
From Empire through Commonwealth to ...
Authors: Green L. C.
Published: January 2019

The following paper traces, in terms of international law, the history of the once indivisible British Empire to its present status. Professor Green discusses the emergence of the Commonwealth as the pressure for greater independence from the colonial territories renders the divisibility of the Empire and of imperial sovereignty an accepted fact. Today, with the development of the United Nations, the institutional and legal character of the Commonwealth has virtually disappeared.
Statutory Limitation Periods in Alberta Statutes: 1975 Update
Authors: Institute of Law Research and Reform ᠎
Published: January 2019

In the third issue of its 1974 volume the Alberta Law Review presented the first comprehensive compilation of limitation periods in Alberta statutes done since 1962. The materials presented in the current volume are an effort to continue this project on an annual basis. As was the case with the 1974 compilation, these materials were prepared by the Institute of Law Research and Reform at the request of the current editor of the Alberta Law Review. While every effort at thoroughness has been made, the Institute of Law Research and Reform does not represent the absolute accuracy or absolute coverage of the limitation periods in the 1975 Statutes of Alberta. Again, it should be noted that no reference has been made to the Alberta Regulations with respect to limitation periods, and the reader is advised tohave regard to the provisions of the Interpretation Act, R.S.A. 1970, c. 189 with respecttothe computation of time.
The Costs of Expropriating in Alberta and Manitoba
Authors: Price Francis C. R.
Published: January 2019

The last decade has seen sweeping changes in Canadian expropriation law. Beginning with Ontario, many of the Provinces and the Federal Government have enacted legislation that introduces completely new provisions relating to procedure and compensation in expropriation cases. Among the most significant changes is the change in approach to the matter of costs involved in the expropriation and this article examines the costs provisions in the Expropriation Acts of two Provinces that have enacted new expropriation legislation, Alberta and Manitoba. This article discusses to what extent an expropriated owner should have his costs paid by the authority that takes his land, and what limits should be set on the authority's liability to indemnify the owner from all the costs he may incur.
A Study of the Role of Arbitrators in Commercial Arbitration Proceedings
Authors: Burrows Brian , Malhotra Rajiv
Published: January 2019

The author examines the nature of the arbitration process and the role of the arbitrator in each of the major forms that the process takes. He concludes that an arbitrator appointed by mutual agreement of the parties must act judicially. Party appointed arbitrators also function in judicial role, although an American trend away from impartiality is noted. In an arbitrator-umpire situation the party nominated arbitrators may act as advocates once they have referred the matter to the umpire.
Unity and Diversity in Canadian Federalism: Ideals and Methods of Moderation
Authors: Lederman W. R.
Published: January 2019

Canada is federal country of great extent and variety in which we respect both unity and diversity. This is difficult to do, but we have now been doing it with large measure of success for well over 100 years. The total process of governing Canada revolves about division and distribution of primary legis lative capacities or powers by two lists of subjects, one list for the federal parlia ment (primarily section 91 of the B.N.A. Act) and the other for each of the provincial legislatures (primarily section 92 of the B.N.A. Act). Instead of subjects, one might speak of categories or classes. For the most part^ sections 91 and 92 taken together comprise complete system for the distribution of primary legislative powers and responsibilities in Canada over virtually the whole range of actual and potential law-making. The courts have held the distribution is complete, with some very few exceptions that prove the rule. The exceptions are concerned with certain specific rights to use of the French or English languages, certain specific rights to denominational schools, and free trade across provincial borders. Without disparaging the importance of these exceptions, it is fair to point out that nearly all of our constitutional jurisprudence in the courts for 100 years has concentrated on issues of the distribution of powers.
La Cour Supreme et le Partage des Competences Legislatives
Authors: Beaudoin Gérald A.
Published: January 2019

L'auteur du present article lu le texte de la communication du professeur JeanCharles Bonefant retenu Quebec et ajoute ses observations personnelles sur la Cour SuprSme et te partage des competences legislatives. II souligne les anits marquants des dernidres aecennies. Il est Evident que dans le domaine du partage des compe tences et des droits fondamentaux la Cour SuprSme joue un rdle considerable et irremplacable. C'est Id sa plus haute mission. The author of the following article has read the text of Professor Jean-Charles Bonefant on the Supreme Court and the distribution of legislative powers and has added his own personal observations. He analyses succinctly some of the most im portant cases in the last decades. In the area of the legislative powers and funda mental freedoms, our highest tribunal plays role that no other institution may do in its stead and place. This is the most important and noble task assigned to the Court.
The Supreme Court and the Protection of Civil Liberties: Commentary
Authors: Laskin The Rt. Hon. Bora
Published: January 2019

(The following is the text of Chief Justice Laskin's response to the two preceding papers, given by Professor Tamopolsky and Professor Scott. The Chief Justice's introductory remarks have been deleted. Eds.)
Le Quebec et la Cour Supreme
Authors: Patenaude Pierre
Published: January 2019

The fact that the Supreme Court Judges are named by the Federal Executive is contrary to the basic rule of federalism which imposes an impartial arbiter. When judges who have to decide on political and constitutional issues are chosen unilateral ly by one of the litigants, the presumption of impartiality is lessened. Perhaps the recent centralist decisions of the Supreme Court of Canada would have been different if the provinces would have had the possibility of nominating certain number of judges. For Quebec, the National State of French Canadians, the defense of its jurisdiction is vital question for the survival of its culture! For this province, centralist Supreme Court becomes a major danger in the evolution of the Canadian Constitution.
Du Maintien des Appels a la Cour Supreme du Canada en Matiere de Droit Civil
Authors: Beaudoin Gérald A.
Published: January 2019

L'auteur de cet article analyse la question du maintien des appels en droit civil la Cour Supr&me. Dans le contexte fSdSral canadien, il se declare favorable au maintien de ces appels. II trouve plus d'avantages que de disavantages. Le Canada ayant deux systdmes de droit privi, il convient que le plus haut tribunal du pays se prononce en ces matidres il s'agit d'une richesse pour notre pays. 11 moyen d'assurer la purete" de Vun et de Vautre systdme. The author of this article analyses the question of the retention of the civil law appeals to the Supreme Court of Canada. He is in favour of such appeals in our federation. We have in Canada two private law systemss one inspired from the Common Law of England and the other from "le droit civil" of France. It is appro priate for our highest tribunal to render judgments in both systems. This is great advantage for our country. Steps may be taken to assure the purity of both systems.
Management and Membership in Canadian Co-Operatives
Authors: Ish Daniel
Published: January 2019

Certain basic principles distinguish co-operative corporation from an ordinary business corporation. With these principles in mind, Mr. Ish critically examines the law with respect to the management and membership of Canadian co operatives. While provincial statutes are compared and contrasted, the author places particular emphasis on the provisions of the Canada Co-operative Associations Act. More specifically, the article deals with the distribution of cor porate control, the qualifications, appointments, duties and removal of directors, and the admission, termination and voting rights of the members of co operative.
Assessment of Damages for Permanent Incapacitating Injuries
Authors: Hawley Donna Lea
Published: January 2019

Within the last year personal injury awards in Canada have been assessed for amounts far exceeding those in the past. This paper examines the basis on which personal injury awards have been and are assessed. The treatment of this topic is delimited by restricting the discussion to only those awards made for serious per sonal injuries—those that permanently incapacitate the plaintiff to major ex tent. While once global awards were assessed to provide compensation for the total loss of the plaintiff, there now appears to be trend towards assessment of damages for the actual loss of the plaintiff. Usually, the two most important heads of damage are loss of future earnings and cost offuture care. Of these two it is the cost of future care which has been the primary cause of the dramatic increase in damage awards. Non-pecuniary damages are now usually given somewhat minor consideration in the awards. Other considerations on assessment examined in clude income tax, considerations on appeal and the use of juries.
Statutory Limitation Periods in Alberta Statutes: 1974 Update
Authors: Institute of Law Research and Reform ᠎
Published: January 2019

In the third issue of its 1974 volume the Alberta Law Review presented the first comprehensive compilation of limitation periods in Alberta statutes done since 1962. The materials presented in the current volume are an effort to continue this project on an annual basis. As was the case with the 1974 compilation, these materials were prepared by the Institute of Law Research and Reform at the request of the current editor of the Alberta Law Review. While every effort at thoroughness has been made, the Institute of Law Research and Reform does not represent the absolute accuracy or absolute coverage of the limitation periods in the 1975 Statutes of Alberta. Again, it should be noted that no reference has been made to the Alberta Regulations with respect to limitation periods, and the reader is advised tohave regard to the provisions of the Interpretation Act, R.S.A. 1970, c. 189 with respecttothe computation of time.
Tax Consequences of Compensation Policies
Authors: Krishna Vern
Published: January 2019

The importance of compensation policies and reward structures bears direct relationship to the burden imposed by the incidence of income taxation. When, as at the present time, inflation and substantial tax rates erode an in dividual's earning, indirect compensation and devices to reduce income taxa tion assume greater significance to all wage earners. In this paper Mr. Krishna examines several alternative schemes to direct remuneration which have the effect of minimizing current taxation and deferring the incidence of taxes to some future time period, thereby mitigating against the ultimate erosion of ear nings. The emphasis of the paper is on the deferral of tax and indirect compen sation schemes, and is premised on the principle that deferral is tantamount to tax saving.
The Hot-Cargo Clause
Authors: Batlett Richard H.
Published: January 2019

The author offers a comparative examination of the use and legal operation of hot-cargo clauses in collective agreements in Canada and the United States. He examines the function and use of such clauses to evade legislative and common law restrictions on the conduct of a partial boycott during the term of a collective agreement. A review is also made of leading Canadian and American decisions concerning the validity of such clauses, and relevant provincial and American labor legislation. In conclusion, the author questions whether the public interest is served by such private agreements which permit the proliferation of the ambit of a labor dispute.
Environmental Rights for the Canadian Citizen: A Prescription for Reform
Authors: Franson R. T. , Burns P. T.
Published: January 2019

The environment isa subject that recently has come to the fore of public awareness andhascreated much interest and controversy.Sotoo has the legal framework which surrounds the environment. The authors discuss the environment and the lack of care taken to preserve the environment when administrative decisions are made. The authors point out that the lack of co-ordination between these administrative tribunals often leaves the environmental consequences of these administrative decisions to their fate. The traditional checks on the administrative process are -used primarily to remedy private wrongs and since wrongs to the environment are more public in nature, the requisite standingisusually lacking. Thus, the administrative decisions are insulated from review in this way. Also, most statutes do not require public hearings to be held, thus the public has no input into the decisions. The authors, feeling this path of insulated administrative decisions could lead to dire consequences, have recommended changes involving the legal framework which surrounds the environment. They feel that there should be more public input into the administrative decisions. Legislation should be enacted that would require that environmental impact studies be done before these decisions are made. The authorsalsorecommend that legislation be enacted to give a methodoffiducial redress forinjuriesto the environment by creating a right to a safe, clean and healthful environment. The authors suggest that compensation schemes, although necessary should not be the focal point of environmental redress, but that the legal framework surrounding the environment should be geared to prevention of damage, rather than compensation after the damage as occurred.
The Canadian National Energy Board: Economic "Jurisprudence" in the National Interest or Symbolic Reassurance
Authors: McDougall Ian
Published: January 2019

The author of this article offers comprehensive examination of the scope and practical effectiveness of national regulatory efforts with respect to the Canadian natural gas industry. The scope and power of the controls available to the National Energy Board, and the practical use made of them, have been described. After first setting out the general historical and political background to the passage of the National Energy Board Act in 1959, the author undertakes an examination of the NEB's general powers, advisory functions with respect to the Governor-in-Council, specific control powers over pipeline companies, import and export controls and the like. The Board's progress concerning the four major gas export complexes is appraised. This discussion is followed by detailed consideration of four major administration difficulties confronted by the regulators: the development of procedural criteria with respect to the calculation of "exportable surpluses", the protection of domestic gas markets vis-a-vis price structures, the deter mination and application of "just and reasonable" export pricing, and finally, the promotion and maintenance of mutually beneficial co-operative undertakings with the United States. It is generally submitted that the NEB, on the basis of its past performance, has proven itself unable to effectively discharge the enormous responsibility of giving effect to the national interests at stake. Its inability to solve problems relating to the uncertainty of reserve estimations and the rate at which the domestic market would expand are suggested as probable causes of this failure. Improved methods of calculating reserves, coupled with clarification of the Board's constitutional position, would do much towards alleviating some of the difficulties presently being experienced.
The Trial Judge: Pilot, Participant, or Umpire?
Authors: Silverman, Q.C. Hugh W.
Published: January 2019

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".
The Function of the Law
Authors: Laskin Bora
Published: January 2019

Convocation address, May 4, 1972.
History in Law and Law in History
Authors: Windeyer Sir Victor
Published: January 2019

Weir Memorial Lecture.
Piracy of Aircraft and the Law
Authors: Green L. C.
Published: January 2019

Aerial hijacking or aerial piracy presents serious threat to the personal safety of air travellers as well as to orderly international air transport. As the problem is relatively new the rights of the state or states involved against the hijacker, as well as the hijacker's personal rights within the new state, are confused due to attempts to make old international and municipal concepts fit contemporary hybrid problem. In order to discover basis for state jurisdiction and hijacker liability, Professor Green analyses the extraditable offence of piracy as well as international con ventions and jurisprudence. The author concludes that customary inter national law rules regarding extradition are inadequate to deal with the problem of aerial piracy. Therefore, in view of its widespread international effect, the only effective method of dealing with the problem is by way of multilateral treaty regulation such as the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft.
Local Governments and the Crown's Duty to Consult
Authors: Hoehn Felix , Stevens Michael
Published: January 2019

Do municipal governments embody the Crown to the extent that they owe a duty to consult with Indigenous groups when a local government decision might detrimentally impact Aboriginal rights? The authors point to two legal trends: jurisprudential recognition of administrative bodies’ ability to satisfy the duty in certain circumstances, and the expansion of the scope and role of municipal governments. The authors argue that when a province creates local governments with broad powers, the exercise of the powers conferred on the municipal governments are still subject to constitutional limits, such as the duty to consult. The article also highlights policy and practical considerations in support of this argument.