bluuebunny/crossref_metadata_2025_split huggingface dataset:
Quality of life patients after surgical treatment of laryngeal cancer
Authors: Bączyk Grażyna , Kwapisz Urszula , Karpińska Katarzyna 
Published: April 2017

Introduction. The assessment of the quality of life in cancer patients requires a multidisciplinary approach and an evaluation of emotional, social and physical conditions. Objectives. The aim of the study was to analyze the quality of life patients after surgical treatment of laryngeal cancer but before the next stage of therapy, i.e. radiotherapy.Material and Methods. The study group comprised 60 patients aged 44–82 years, with laryngeal cancer treated at the Radiotherapy Wards of Wielkopolskie Centrum Onkologii, Poznań, Poland. The Polish versions of the QLQ C-30 and the cancer-specific EORTC QLQ H&N35 questionnaires were used.Results. Mean score for the general health status (QLQ C-30) was 56.81. Mean values for the physical, role, cognitive, social and emotional functioning were 81.11, 80.83, 75.28, 70.00 and 54.72, respectively. The following constituted the main problems for laryngectomees: difficulty gaining weight (75.00), necessity to take nutritional supplements (58.33), sense of smell and taste problems (57.78), weight loss (56.67), articulation problems (56.67). A statistically significant difference (p = 0.002) was observed with regard to emotional functioning, with mean values of 28.83 and 60.51 for women and men, respectively. Also, a statistically significant difference (p = 0.01) was observed with regard to social functioning, with mean values of 45.53 and 75.51 for women and men, respectively. Conclusions. There exists a definite need to investigate the quality of life by means of patient self-evaluation of the symptoms in order to monitor patient status and establish an individual therapeutic, care and psychological approach.
Sustained Reduction in HIV Diagnoses in Massachusetts, 2000–2014
Authors: Cranston Kevin , John Betsey , Fukuda H. Dawn , Randall Liisa M. , Mermin Jonathan , Mayer Kenneth H. , DeMaria Alfred 
Published: April 2017

Objectives. To describe secular trends in reported HIV diagnoses in Massachusetts concurrent with treatment access expansion. Methods. We characterized cases of HIV infection reported to the Massachusetts HIV/AIDS Surveillance Program between 2000 and 2014 by sex, age, race/ethnicity, and exposure mode. We used Poisson regression to test the statistical significance of trends in diagnoses. Results. Between 2000 and 2014, annual new HIV infections diagnosed in Massachusetts decreased by 47% (P < .001 for trend). We observed significant reductions in diagnoses among women (58% when comparing 2000 with 2014), men (42%), Whites (54%), Blacks (51%), and Hispanics (35%; P < .001 for trend). New diagnoses decreased significantly among men who have sex with men (19%), persons who inject drugs (91%), and heterosexuals (86%; P < .001 for trend). We saw statistically significant downward trends among all men by race/ethnicity, but the trend among Black men who have sex with men was nonsignificant. Conclusions. Sustained reduction in new HIV diagnoses was concurrent with Massachusetts’s Medicaid expansion, state health care reform, and public health strategies to improve care access. A contributory effect of expanded HIV treatment and population-level viral suppression is hypothesized for future research.
“No text is innocent”: Canadian children’s books in the classroom
Authors: Bainbridge Joyce , Oberg Diane , Carbonaro Mike 
Published: April 2017

This case study of one school district explored elementary teachers’ use of, and beliefs about, Canadian children’s books in the classroom. It also examined the supports that facilitate elementary teachers’ use of Canadian books, including services provided by teacher-librarians, school district personnel and others; availability of funding; and opportunities for professional development. The case study district had a teacher-librarian in every school and was committed to supporting the work of teachers through the school library. The participants had clear
ideas about what it meant to them to be Canadian and about the values that were important to them as Canadians. They believed it was important to incorporate Canadian books into classroom activities. However, they often felt a need to justify their use of Canadian books, whereas they unquestioningly used American books in their teaching across the curriculum. Overall, they were more knowledgeable about Canadian books and Canadian authors and illustrators than teachers in earlier studies. However, the findings of the study raise an interesting paradox; the teachers supported the use of Canadian books but they did not appear to connect “Canadian values” to Canadian books. They seemed unaware that all books, Canadian or not, convey an ideology; “no text is innocent” (Stephens & Watson, 1994, p. 14).
Savoir, pouvoir et inconscient : de la psychanalyse comme dispositif de subjectivation
Authors: BISSONNETTE JEAN-FRANÇOIS 
Published: April 2017

S’il est un savoir contre lequel la pensée de Michel Foucault a sans cesse buté, c’est bien la psychanalyse. La plupart des commentateurs s’entendent à qualifier d’ambivalente l’attitude de Foucault à l’égard de celle-ci. Plutôt que de discuter des difficultés que cela suscite quant à la cohérence du projet foucaldien, l’ambition de ce texte est d’étudier le fonctionnement concret de la psychanalyse à travers une grille conceptuelle combinant deux notions fondamentales, soit celles de « dispositif » et de « mode de subjectivation », grâce auxquelles l’articulation entre subjectivité, pouvoir et vérité pourra démontrer sa fécondité heuristique.
Restricted Access to Justice for Canadians Mistreated Abroad: Abdelrazik v Canada (Re: Interim Costs)
Authors: Rehaag Sean 
Published: April 2017

Abousfian Abdelrazik is a Canadian citizen who, after having his name added to various anti-terrorism lists, and after being tortured by Sudanese officials, found himself unable to return home from Sudan largely because of Canadian government actions.Abdelrazik sought to challenge the constitutionality of these restrictions on his ability to return to Canada. However, he had no money and no means of support, as he was unable to leave the Canadian embassy in Sudan where he had sought refuge to avoid further torture by Sudanese officials. He therefore brought a motion for interim costs in Canada’s Federal Court. If granted, this interim costs award would require the Canadian government to pay his legal fees so that his constitutional challenge could proceed.In Abdelrazik v Canada, the Federal Court denied the request for interim costs – a decision that has serious implications not only for interim cost awards jurisprudence, but also for litigation involving citizens who allege that their rights under section 6 of the Charter have been violated.
This comment critically analyzes the access to justice implications of the Federal Court decision in light of both the principle that courts may use costs awards to promote access to justice, and the unique challenges faced by Canadians mistreated abroad by the Canadian government.
A BRIEF GENEALOGY OF STATE SECRECY
Authors: Lefebvre Stéphane 
Published: April 2017

This article provides a potential explanation to the following question: With over five million government employees and contractors entrusted with state secrets in both Canada and the United States, how could the fact that the vast majority of keepers of state secrets obey the letter of the law be explained? The deterrent effect of the law alone cannot account for this state of affairs. The reason is that subjects self-regulate (psychologically and sociologically speaking) and behave according to contingent forms of rationalities. These forms of rationalities include changing discourses on secrecy and law, and a variety of disciplinary techniques centered on surveillance, hierarchical observation and examination.
WE ARE ALL HERE TO STAY? INDIGENEITY, MIGRATION, AND ‘DECOLONIZING’ THE TREATY RIGHT TO BE HERE
Authors: Bhatia Amar 
Published: April 2017

This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.
THE INTERNATIONAL HUMAN RIGHT TO HOUSING & THE CANADIAN CHARTER: A CASE COMMENT ON TANUDJAJA V. CANADA (ATTORNEY GENERAL)
Authors: DesBaillets David 
Published: April 2017

The case of Tanudjaja v. Attorney General, represents an unprecedented opportunity for Canadian legal scholars to examine the right to adequate housing in the Canadian human rights context. It is the only legal challenge that broaches directly the right to housing under Canadian law, basing its arguments on two key elements contained in Charter of Rights and Freedoms: sections 7 and 15. Moreover, the case represents an attempt by the claimants to bolster their Charter claim with reference to housing rights found in international human right’s law. For Canadian housing rights’ scholars, this decision, though ultimately quite negative in its conclusions, demonstrates the need for a better understanding of the intersection between international legal norms on human rights on the one hand, and the Charter, on the other. It does not, however, adequately portray the full extent of the former’s influence on the latter, as Justice Lederer of the Ontario Superior Court of Justice, failed to address the importance of international legal doctrine with respect to the interpretation of positive social and human rights in the Canadian legal context. In particular, he ignored the growing body of Charter related cases and precedents in Canadian jurisprudence that shed light on the complex relationship between fundamental human rights enshrined in various international legal documents and the recognized positive obligations they impose on the government of Canada to implement them under such long established treaties as the Covenant of Economic Social and Cultural Rights.
In this comment, the author makes a critique of the analysis undertaken by Judge Lederer with regards to the relevance of international human rights norms in the context of Tanudaja, by comparing it with past Charter jurisprudence involving the impact of these on Canadian human rights claims.
PROCESS MATTERS - EMPIRICALLY EVALUATING ADMINISTRATIVE TRIBUNALS IN THE HEALTH SECTOR: THE QUESTIONABLE NEUTRALITY OF ADMINISTRATIVE TRIBUNAL PROCESS
Authors: Ferreira Lydia Stewart 
Published: April 2017

The health tribunal process is assumed to be neutral and allow for the tribunal’s focus to be on the parties’ legal arguments. This study quantitatively examined approximately 400 decisions over a five-year period to determine whether or not health tribunal hearings are neutral or whether the hearing process itself affects the tribunal’s decision independent of the parties’ legal arguments. Certain tribunal procedures affected tribunal decisions independent of legal arguments. This novel quantitative research matrix, which analysed cases over a five year time period, identified trends which are overlooked in traditional legal analysis of judicial review.
INTRODUCTION: GRADUATE STUDENT SCHOLARSHIP
Authors: Jacobs Laverne 
Published: April 2017

The Windsor Yearbook of Access to Justice is proud to publish issue 32 (1). This issue features a special section highlighting the scholarship of graduate students. While it is always a pleasure to read promising work by newer scholars in the fields of law and social justice, we are certain that this collection of articles represents some of the finest and thought-provoking scholarship stemming from current graduate students in law. The articles stem from a graduate student essay contest that WYAJ held in 2013 and for which we received many submissions.The collection of selected papers offers a view of legal and interdisciplinary research examining issues that are topically diverse but which are all of deep, long-term importance to the world of access to justice. A reader of the special section on Graduate Student Scholarship will find explorations of access to justice from the perspectives of equality rights, discretion, adjudication and methods of legal service delivery, to name a few.A prize was offered to two papers judged to be of exceptional quality. I am very pleased to announce that the winners of those two prizes are Andrew Pilliar, for his article “Exploring a Law Firm Business Model to Improve Access to Justice” and Blair A. Major, for his contribution, “Religion and Law in R v NS: Finding Space to Re-think the Balancing Analysis”.The Editorial Board thanks all those who submitted papers to the contest and to this final special issue of the Windsor Yearbook of Access to Justice.Another notable feature of this issue is the introduction of a section called Research Notes. The Yearbook will periodically publish peer-reviewed research notes that present the findings of empirical (quantitative, qualitative or mixed method) research studies. This section aims to contribute to the growing and important body of empirical scholarship within the realm of access to justice socio-legal research.We hope that you enjoy this issue.Laverne Jacobs, Co-Editor-in-Chief, Windsor Yearbook of Access to Justice, Issue 32 (1)
AN INTRODUCTION TO EXPLORING LAW, DISABILITY, AND THE CHALLENGE OF EQUALITY IN CANADA AND THE UNITED STATES: PAPERS FROM THE BERKELEY SYMPOSIUM
Authors: Jacobs Laverne 
Published: April 2017

It brings me great pleasure to write this Introduction to Exploring Law, Disability, and the Challenge of Equality in Canada and the United States. This special collection of articles in the Windsor Yearbook of Access to Justice [WYAJ] stems from a symposium of the same name held at the Berkeley Law School at the University of California on 5 December 2014. Writing this introduction allows me to bring together my identities as a law and disability scholar, the principal organizer and convener of the Berkeley Symposium, and editor-in-chief of the WYAJ.In these roles, I have had the opportunity to engage with this set of articles and their authors in a distinct way – from the early versions of these articles through to the final peer-reviewed publications. The Berkeley Symposium is the first conference, of which we are aware, to bring together scholars and experts from both Canada and the United States to present research and exchange ideas on equality issues affecting persons with disabilities in both countries.1 Each academic was invited to write about an equality issue of their choice that is of contemporary concern to persons with disabilities, and to focus on Canada, the United States,or both, at their option. The result is a set of articles that is simultaneously introspective and comparative.
A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada
Authors: Kanter Arlene S 
Published: April 2017

In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace. The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity....” The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions, assistance in finding, obtaining, maintaining and returning to employment, rehabilitation, job retention and return-to-work programmes, as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace. As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities.
UNE PROCÉDURE EN DIFFICULTÉ: A BLUEPRINT FOR RESOLVING “SPECIAL” EDUCATION DISPUTES THROUGH A QUASI-INQUISITORIAL ADMINISTRATIVE PROCESS
Authors: Rosenbaum Stephen A 
Published: April 2017

In this essay, disability practitioner and scholar Stephen Rosenbaum proposes a radical change in the United States administrative adversarial adjudicatory process for resolution of “special” education disputes between educators and students with disabilities, looking for inspiration in part to Canada and the Commonwealth’s use of an inquisitorial approach. Typically, the dispute is over whether the students—termed “les enfants en difficulté” in French-speaking Canada—are receiving an appropriate array of instructional interventions and services. Adversarial adjudication has had many critics over the years. Asking a judge to weigh the parent (or student’s) preferred options under the U.S. Individuals with Disabilities Education Act [IDEA] against those of the school administration may not be the optimal method for designating a pupil’s educational program—nor a good use of time and money.
The author’s blueprint calls for replacing the IDEA due process hearing with another model in instances where the family and school authorities disagree about the components of a student’s instructional program. Under current law, the hearing is typically conducted by an administrative jurist in which the parties present evidence, expert testimony and argument, if they have been unable to resolve their disagreement at a school-based team meeting, mediation or some other informal conference. In the proposal presented here, disagreements would instead be reviewed by a “special master” whose expertise is in education or disability rather than law. Through a process of problem-solving or “active adjudication,” the master (or “independent educational reviewer”) would attempt to quickly resolve the dispute over appropriate placement, instructional strategies and/or services. The master could hold a conference, conduct a hearing or brief investigation, receive more documents, consult with experts or correspond in some other mode with the parties. The master’s determination would be subject to judicial review in limited circumstances.
LEARNING FROM BEAR-WALKER: INDIGENOUS LEGAL ORDERS AND INTERCULTURAL LEGAL EDUCATION IN CANADIAN LAW SCHOOLS
Authors: Askew Hannah 
Published: April 2017

This article investigates educational strategies that law schools could implement to honour Recommendation #28 of the Truth and Reconciliation Commission and foster strong intercultural interpretation and communication skills amongst new generations of legal professionals in relation to Indigenous legal viewpoints. The paper is divided into four sections: the first draws on Indigenous legal scholarship to explore definitions of Indigenous law; the second provides a case study of one method of learning Indigenous law based on the author’s personal experiences of being taught Annishinabe law at Neyaashiinigmiing (a reserve community on Georgian Bay); the third discusses some of the initiatives, opportunities and challenges involved in integrating Indigenous legal traditions into the curriculum of Canadian law schools; and fourth and final section highlights some of the concerns being raised as these initiatives develop, and the related need for the legal profession to proceed with caution and humility.
LISTENING TO LAW
Authors: Clifford Robert YELḰÁTŦE 
Published: April 2017

My journey to better understand and to live my own WSÁNEĆ legal tradition has always been both complex and incredibly rewarding. This journey has, at times, also come with its challenges and tensions, including through law school and academia. Through the use of story I reflect upon this path of learning, and many of my own thoughts and experiences along the way. I have learned, and continue to learn, from many different people along this path, and I am so grateful to each of them. While this story is primarily a self-reflection, the themes and tensions that the character of this story (Cedar) embodies may resonant with many Indigenous people. These themes include family, community, place, identity, stories, law and culture. Each of these themes comes together and to life in this story through lived experience and my own empowering moments of living and coming to better understand WSÁNEĆ law. Ultimately, writing this story helped me in a moment when I needed it. My hope is that you too can find something helpful and rewarding within this story, and that you can use that along your own path.
WANISKĀ: REIMAGINING THE FUTURE WITH INDIGENOUS LEGAL TRADITIONS
Authors: Friedland Hadley 
Published: April 2017

With the release of the Truth and Reconciliation Commission’s final report, which stressed the revitalization of Indigenous legal traditions is essential to reconciliation, we are potentially at the cusp of a historical turning point in Canada. As momentum around the revitalization of Indigenous laws grows, this raises many important questions for the future. Can we collectively imagine a Canada where Indigenous law is integrated and in use? What would, or should, this respectful relationship look like? This article explores these questions through narrative. Narrative, as many Indigenous and non-Indigenous thinkers have identified, has unique capacity to create space for conversations, spark imagination, and let us contemplate the incomprehensible. This article mindfully uses narrative as a means to vulnerably re-imagine a future relationship between Indigenous and other legal traditions in Canada. It acknowledges the deep-rooted enduring power of Indigenous laws, as well as both the immensity and transitory nature of current complexities. It names aspects of learning and engagement with the Cree legal tradition the author may never fully comprehend, but still senses are important. It grapples with the enormity of hope and despair, the power of violence and the power of love. It argues, through narrative, that law is living, time is fluid, change is possible and our shared future is ours to re-imagine.