bluuebunny/crossref_metadata_2025_split huggingface dataset:
Physiological responses of lupin genotypes to terminal drought in a Mediterranean‐type environment
Authors: Palta J.A. , Turner N.C. , French R.J. , Buirchell B.J. 
Published: June 2007

AbstractField experiments concerning lupin grown in a low‐rainfall environment of the Mediterranean climatic region of Western Australia were conducted over three seasons to identify and evaluate the characteristics that maximise yield per unit of rainfall. The characteristics of early flowering and podding, high pod retention, fast rates of seed filling, osmotic adjustment and the degree of dry matter transfer from stem to the seed were studied in 12 lupin genotypes differing in seed yield under conditions of terminal drought. To allow recently released cultivars and advanced breeding lines to be evaluated, five to six genotypes were included in the first and the third year and nine in the second year. The genotypes were grown rainfed until pod set and then under a rainout shelter. Flowering and podding dates, pod retention, seed growth rate and osmotic adjustment were measured in detail, together with leaf water potential, seed yield and its components. The timing and intensity of development of the terminal drought varied from average in 1998 and 1999 to extreme in 2000. In each year, the seed yield under terminal drought showed genotypic differences, which appeared consistent with the timing and intensity of the development of terminal drought. Early flowering and podding were significantly correlated with seed yield. Fast rates of seed growth were highly and significantly correlated with high yields regardless of the intensity of development of terminal drought. Pod retention was highly correlated with yield in seasons in which the intensity of the development of terminal drought was average but not under extreme conditions of terminal drought. This was because the seed number per pod was markedly reduced to compensate for the high number of pods retained. Osmotic adjustment did not occur during the development of terminal drought in any of the genotypes. Dry matter transfer from stems to seeds was insignificant and not related to seed yield, suggesting that it is not a useful characteristic in screening for high yield under terminal drought.
Water use efficiency in C3 cereals under Mediterranean conditions: a review of physiological aspects
Authors: Tambussi E.A. , Bort J. , Araus J.L. 
Published: June 2007

AbstractIn this review, we will discuss physiological traits of C3 cereals related to water use efficiency (WUE) in Mediterranean environments, from leaf (WUEinstantaneous) to crop level (WUEyield or ‘water productivity’). First, we analyse the WUEinstantaneous and the possible trade‐off between improving this parameter and growth/yield performance. Ways to ameliorate WUE without penalties are discussed. We also analyse in what cases breeding by high or low WUEinstantaneous is a suitable criterion to maintain grain yield under drought (Mediterranean) conditions. This question is approached in the framework of carbon isotope discrimination, (Δ13C), the main indirect parameter used to integrate (at time and space scale) the WUEinstantaneous in C3 plants. A negative correlation between these two parameters has been confirmed by several studies. The relationship between Δ13C and grain yield, however, is more complex, and may differ from one environment to another. In Mediterranean conditions with moderate or no water stress, a positive correlation between Δ13C and grain yield is found in barley and wheat, whereas in ‘stored‐water’ crops (such as in some regions of Australia), lower Δ13C (i.e. higher WUEinstantaneous) is associated with higher grain yield, particularly in more stressful conditions. These apparent inconsistencies and their possible implications for plant breeding are discussed. One physiological trait that has received minor attention in attempts to improve WUEinstantaneous is the role of ear photosynthesis. Ears of barley and durum wheat have a higher WUEinstantaneous than the flag leaf, both in well‐watered and in drought conditions. The underlying causes of the higher WUEinstantaneous of ears are not fully understood, but their refixation capacity (i.e. the capacity to re‐assimilate respired carbon dioxide) could be important. Although the genotypic variability of this trait has not been extensively studied, some data support the idea that variation in refixation capacity may be attributable to genetic factors. At the crop level, decreasing soil evaporation is a crucial factor in efforts to improve the WUEyield in Mediterranean conditions, and fast initial growth of the crop (i.e. early vigour) seems to be relevant. In wheat, modern varieties with dwarfing genes (giberellic acid – insensitive) have higher yields but, concomitantly, they have lower initial growth performance. Recently, semi‐dwarf cultivars (giberellic acid – sensitive) with high grain yield and simultaneously high early vigour were found, opening new avenues to increase WUEyield in wheat. The negative effects of futile water loss by cuticular and nocturnal transpiration are also commented. Finally, we discuss some agronomic practices (in particular, ‘deficit irrigation’ systems) linked to physiological traits that confer higher WUEyield,, in particular, in the cases of Mediterranean regions.
“Informed Consent”: When “Good Medicine May Not Be Good Law”
Authors: Annas George J. 
Published: June 2007

As recently as 1970 a legal commentator felt certain enough of his ground to say about informed consent: Good medical practice is good Iaw.' Whatever the validity of that statement then, reliance on it in 1973 is dangerous at best. Three opinions in the last year, in the District of Columbia, California and Rhode Island. have specifically repudiated this view and put the medical profession on notice that they can no longer rely on self. imposed standards to determine what constitutes informed consent.In Canterbury v. Spence, the defendant doctor had informed both his 19 year old patient who suffered back pain and the patient's mother that a laminectomy was no more serious than any other operation. He did not mention that the procedure carried a 1% risk of paralysis. Following surgery, the patient suffered total paralysis from the waist down. Tho court decided specifically that the physician was under an affirmative obligation to disclose this risk information regardless of what was medically customary. The court held that the law, not medical custom, defines the standard of disclosure according to the patient's needs.
Law & Psychiatry: When Must the Doctor Warn others of the Potential Dangerousness of His Patient's Condition?
Authors: Annas George J. 
Published: June 2007

In late December 1974, the Cailfornia Supreme Court considerably broadened a physician's duty to disclose Information gained in the course of treatment by enunclating the following rule: “When a doctor or a psychotherapist, in the exercise of his professional skill and knowledge, determines, or should determine, that a warning is essential to avert danger arising from the medical or psychological condifion of his patient. he incurs a legal obligation to give that warning.” (emphasis mine)Prior to this case most lawyers would probably have assumed that such a “legal obligation” would have only been imposed by statute. such as contagious disease, child abuse and gunshot wound reporting statutes, and that giving of such warnings in the absence of a specific statute mandating reporting or warning was optional with the physician. While this case involved a psychologist, and is most relevant to psychlatric care, the broad language used by the court makes it clear that, in California at least. Its conclusions apply to all types of physicians. Because of its broad implications. It is worth taking a careful look at the facts which prompted the court to enunciate this expansive rule.
Survey of Regional Medical Libraries Raises Important Issues
Authors: Annas George J. 
Published: June 2007

The Boston University Center for Law and Health Sciences has recently completed a questionnaire survey of the country's eleven regional medical libraries (RML's). These libraries were so designated following passage of the Medical Library Assistance Act of 1965. The purpose of the program is to make the growing medical and scientific literature available to all “qualified persons” regardless of their geographical location. The statute provides, inter alia, that “qualilied persons and organizations shall be entitled to free loan services.“The Center undertook this survey to determine what steps these libraries, which receive federal funding to help them perform as regional resources, were taking to make their collections available to those who needed to use them. All eleven libraries responded in some way to the questionnaire, although one, listed by H.E.W. as the “Midcontinental Regional Medical Library” in Omaha, Nebraska, responded that it was not a library at all, but only involved in “planning and coordinating” a library program.
The Physician Countersuit: ‘More Than Having to Say You're Sorry’
Authors: Tillotson Madeline J. , Sagall Elliot L. 
Published: June 2007

Growing dissatisfaction with traditional bar association grievance mechanisms as a deterrent against the institution of “frivolous” medical malpractice suits has promoted physicians to explore other methods of legal redress against “unscrupulous” lawyers. One avenue of recourse now being popularized among physicians is a countersuit by defendant physician against plaintiff patients and attorneys. The reasoning behind this approach has been bluntly expressed by a recent successful countersuitor, Dr. Leonard Berlin, “The school bully who harasses innocent children in the playground isn't stopped by reporting to his parents—he's stopped only by a punch in the face. Lawyers who abuse the court systems similarly can only be stopped through the same court system.”Attractive as the countersuit attack may appear on the surface, the effectiveness of such a retaliatory measure in stemming medical malpractice litigation is questionable and doubtful.
News from the Society
Authors: Sagall Elliot L. 
Published: June 2007

Fall 1977With this issue, MEDICOLEGAL NEWS inaugurates a number of new features and a new internal appearance intended to give our readers the type of articles and information believed of interest to the many persons concerned with medicolegal problems. To improve this service, the comments and suggestions of our readership are earnestly sought. Additionally, guest editorials are invited and in this area, Leonard Berlin, M.D., a successful countersuitor and participant at the recent Controversies in Law & Medicine symposium, leads off with a response to last issue's article entitled, The Physician Countersuit: More Than Having To Say You're Sorry. Other new features include, Medicolegal Update, a regularly planned column designed to bring relevant developments in medicolegal areas to the attention of MEDICOLEGAL NEWS readers, and Hospital Forum, edited by James F. Holzer, J.D., formerly MEDICOLEGANLE WS Managing Editor. In this column, Mr. Holzer will address timely legal issues and developments affecting the hospital and its personnel.
A Practical Guide to Assist Hospitals and Physicians Obtain Fellowship Tax Exclusion
Authors: Stuart William W. 
Published: June 2007

This article concerns the exclusion from taxable income of scholarship and fellowship grants received by residents and research assistants under Section 117 of the Internal Revenue Code. As is often the case, frequent litigation has resulted in confusion, and it has become difficult for the individual physician or institution to determine the extent and scope of exclusions that are possibly available.The enactment of Section 117 in 1954 was intended by Congress to provide an exclusion from taxable income to students for all scholarship and fellowship income received. However, the courts, which had to interpret the intended meaning of “scholarship” and “fellowship” income, developed three often inconclusive and contradictory tests — the primary purpose, compensation, and control tests. 1969, the United States Supreme Court, in the case of Bingler v. Johnson, synthesized these three tests into a single standard, the quid pro quo test. The Court held that the meaning of “scholarship” and “fellowship” intended by Congress comported with the ordinary understanding of the terms, that is, as relatively disinterested, “no-strings” educational grants, with no requirement of any substantial quid pro quo from the recipient.
“Good Samaritan” Statutes: Do They Protect the Emergency Care Provider?
Authors: Zaremski Miles J. 
Published: June 2007

In 1959, California became the first state to enact legislation protecting good Samaritans from tort liability under certain circumstances. While previously a good samaritan giving aid in an emergency could be held liable only if he acted unreasonably, there was no legislative mandate to affirmatively discourage an injured party from bringing suit against the good samaritan. Although few such cases can be documented, the absence of legislative protection was thought to work a serious detriment to the prompt rendition of aid in emergency conditions, since some medical practitioners might refrain from giving emergency aid for fear of being subjected to legal action. In response to this perceived situation, California enacted its legislation to encourage the giving of emergency aid and to “sufficiently allay [the good samaritan's] fears of legal action:”Currently, good samaritan statutes exist in all fifty states, the District of Columbia, and the Virgin Islands. These statutes range from the very broad to the very specific, and each is supposedly designed to protect the good samaritan emergency care provider from frivolous litigation. However, developments in recent years have caused commentators to question whether the central purpose behind these statutes—to discourage legal action—has actually been achieved.
Patient Privacy and the Media
Authors: Holzer James F. 
Published: June 2007

“Whatsoever things I see or hear concerning the life of man, in any attendance on the sick or even apart therefrom which ought not be noised about, I will keep silent thereon, counting such things to be professional secrets.”Hippocratic OathThere can be no doubt that a tremendous amount of information is collected within the lifetime of all health care consumers, and today, people who are admitted to hospitals are seeking greater assurances that their relationship with the hospital and the physician is one of confidence and trust.With the vast amount of personal information collected by hospitals and federal or state agencies, the effort to protect privacy has been gaining great momentum. Although Hippocrates attempted to address the issue within the ethical sphere of medicine, the legal right was first conceptually argued by U.S. Supreme Court Justices Louis Brandeis and Samuel Warren in an 1890 HARVARD LAW REVIEW article. The so called “right to privacy,” while not found directly in the Constitution, has served as the basis for numerous privacy decisions by the high court since that time.
Experimentation with Children: The “Pawns” of Medical Technology
Authors: Porcaro Edward T. 
Published: June 2007

Without the use of human subjects in pediatric research, medical science would not have made many of its advances in the diagnosis and treatment of children's diseases. However, scientifically valid experimental trials require healthy subjects as controls and the use of healthy children raises many complex moral and legal questions.The need to experiment on normal, healthy children has blocked full recognition of their legal rights. Currently, as in the past, parents are allowed to volunteer their children as research subjects by means of “proxy consent.” This doctrine is, however, the only legal justification offered for submitting children to the often potentially damaging procedures they may be subject to as unknowing and perhaps unwilling subjects. While such third party consent appears to satisfy everyone's conscience, its use in non-therapeutic experimentation is inconsistent with established legal principles.
The Case against Medical Licensing
Authors: Locke Edwin A. , Mode Arthur S. , Binswanger Harry 
Published: June 2007

The recent general disenchantment with government control has focussed attention on the concept of occupational licensing. The logical place to begin a reappraisal of occupational licensing is in the field of medicine, where such licensing originated and where it has been most fully accepted.Our position is that no rational or moral foundation for medical licensure exists and, therefore, we recommend the total abandonment of governmental licensing and the substitution of free market protections, including private certification. Medical licensing, and occupational licensing in general, is morally wrong and ineffectual in practice.
Medical Care for Prisoners: The Evolution of a Civil Right
Authors: Mariner Wendy K. 
Published: June 2007

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”The standard of medical care provided in prisons has emerged recently as an important issue in the areas of public health and prisoners' rights. Prison conditions have long been of concern to both the medical and legal professions. However, little progress was made in prison health care until the early 1970s when the federal courts began to recognize civil rights actions by prisoners pressing for adequate medical care. This article discusses the problems involved with providing medical care in prisons, the development of constitutional standards for prison medical services, and, collaterally, the difficulties encountered when pursuing prison reform by means of federal litigation.
The Psychiatric Nurse’s Duty to Warn Potential Victims of Homicidal Psychotherapy Outpatients
Authors: Kjervik Diane K. 
Published: June 2007

During the 1960s, master's level programs evolved to educate psychiatric nurses to become teachers, administrators and clinicians. Prior to this time, psychiatric nurses had functioned primarily in inpatient settings, but gradually these nurses began working as primary therapists in outpatient clinics, community mental health centers and independent practices. In 1976, the American Nurses’ Association (ANA) published its Statementon Psychianic and Mental Health NursingPractice which identified the master's prepared psychiatric nurse as a “psychiatric and mental health nursing specialist.” Nurses at this level were expected to be experts in psychotherapeutic methodologies and could practice psychotherapy independently.Nursing practice acts have changed to allow for the expanding nurse role. Prohibitions against diagnosis and treatment that were recommended by the ANA in 1955 were eliminated in the ANA's 1976 Model Practice Act. In 1980, the ANA suggested legislation that would include diagnosis, counseling, intervention and the management of illness within the definition of nursing
Delivery Rooms: For Women Only?
Authors: Greenlaw Jane 
Published: June 2007

Does a hospital have the right to prevent a qualified male nurse from working in its labor and delivery section? In Backus v. Baptist Medical Center, this question was answered in the affirmative by a United States District Court in Arkansas. The case, now on appeal, serves as an obstacle to professional nursing and an affront to the rights of female patients.The plaintiff, Gregory Backus, is a registered nurse who, while employed by the defendant hospital, twice requested and was refused full time placement in its labor and delivery section. The refusals were based upon an unwritten policy that the hospital “did not employ male R.N.s in OBGI” positions because of the concern of our female patients for privacy and personal dignity which make it impossible for a male employee to perform the duties of this position effectively.”
Diminished Lives and Malpractice: Courts Stalled in Transition
Authors: Furrow Barry R. 
Published: June 2007

Medicine is still largely a pre-Darwin, pre-Newton enterprise.. . . We do not yet understand the underlying mechanisms of the major illnesses which plague humanity, and therefore much of what is done in the treatment of illness must still be empirical, trial and error therapy. We are compelled by our limitations to resort to shoring things up, applying halfway technology, trying to fix things after the fact.The judicial debate continues to rage over the right of a child born suffering from genetic impairments to recover on his own behalf against a physician or laboratory which failed to give his parents correct information about the defect. These “wrongful life” suits are brought by parents on behalf of their child, who in most cases is born suffering from mental or physical defects which could have been detected by genetic screening. In contrast, “wrongful birth” suits are actions brought by parents of a child born as the result of a defendant’s negligence, seeking damages for either the costs incident to the unwanted pregnancy and birth of a normal child, or the costs related to the unexpected birth and care of an impaired child.
TheEichner/StorarDecision: A Year's Perspective
Authors: Dunn Lee J. 
Published: June 2007

On March 31,1981, the New York Gurt of Appeals handed down its decision in the consolidated cases of Brother Joseph Fox and John Storar. The Eichner case was generally well known, having excited considerable national publicity both before and after the Appellate Division of the Supreme Court of New York handed down its opinion on March 17,1980. TheStorarcase,) conversely, was not as well known and was consolidated with the Eichner case, in the words of the Court of Appeals, because future similar cases would arise. As will be discussed more fully in this article, the consolidation of these two markedly dissimilar cases not only has created confusion, but also has served to obscure the position taken by the court of Appeals relative to other similar cases both in New York and other jurisdictions.Brother Joseph Fox was an 83 year old member of a Catholic religious order who enjoyed good health until he suffered cardiac arrest during the performance of a hernia operation. As a result of the cardiac arrest, he became anoxic, suffered permanent brain damage, and became respirator-dependent.
Nurse-Midwifery: A Developing Profession
Authors: Tom Sally 
Published: June 2007

Consumer demand and federal support has caused the number of certified nurse-midwives to quadruple in the last decade, from 629 in 1970 to 2500 in 1982. Despite their record of reducing infant mortality and satisfying consumers, nurse-midwives are still an underutilized health resource. This article provides a brief history of nurse-midwifery. describes nurse-midwives’ education and current legal status, discusses obstacles to wider use of nurse-midwives, and examines the issues of safety and cost-effectiveness of nurse-midwifery practice.The word “midwife” often evokes images of home births attended by “granny” or “lay” midwives who lack formal education in obstetrics. Yet, professionally educated nurse-midwives have practiced in this country since 1925, when an American nurse, educated in nurse-midwifery in England, came to the mountains of eastern Kentucky.