Administrative Law - Procedure - Primary Jurisdiction to Determine Illegality of Contract Under Shipping Act

Plaintiff, an independent shipper, sought review of a Federal Maritime Board order approving under section 15 of the Shipping Act an association\u27s dual-rate contract system found to be a necessary competitive measure to offset the effect of non-conference competition. The court pf appeals set aside the Board\u27s order on grounds that the system was prohibited by section 14 Third of the same act. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. A dual-rate contract system found by the FMB to be designed to meet outside competition is a resort to other discriminatory or unfair methods to stifle such competition in violation of section 14 Third, and is therefore illegal per se. Federal Maritime Board vs. Isbrandtsen Co., 356 U.S. 481 (1958)

Constitutional Law - Courts - Martial - Power of Congress to Provide for Military Jurisdiction Over Retired Servicemen

A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a part of the land or naval forces and is therefore subject to military jurisdiction within the exception to the Fifth Amendment. United States v. Hooper, 9 U.S.C.M.A. 637 (1958)

Trusts - Interchangeability of the Inter Vivos Trust and the Will - Various Tests of Trust Validity

This comment will be devoted to an examination of various tests of trust validity in this setting and their relative utility as tools for analysis

Illegitimacy in British Columbia, Saskatchewan, Ontario, and Nova Scotia: A Legislative History

Over time, provincial legislation in Canada modified the common law position on the “illegitimacy” of children born outside marriage. They first imposed liability on parents for the support of illegitimate children. Second, they provided for the legitimation of children whose parents subsequently married. Finally, they abolished the concept of illegitimacy. This article describes and compares the legislative histories in four Canadian provinces, which all took somewhat different approaches: British Columbia (BC), Nova Scotia, Ontario, and Saskatchewan. Part II traces the complex history of the legislation dealing with the financial support of illegitimate children; Part III addresses the legislation dealing with legitimation; and Part IV reviews the short history of the abolition of distinctions between legitimate and illegitimate children in all Canadian provinces and territories, except for Nova Scotia. We take a chronological approach within each Part. The article is co-authored with Jennifer Flood

Antipsychotic medication side effects knowledge amongst registered mental health nurses in England: A national survey

© 2020 The Authors. Journal of Psychiatric and Mental Health Nursing published by John Wiley & Sons Ltd What is known on the subject?: Research findings indicate the percentage of knowledge-related errors in medicines management is high, accounting for approximately 75% of all errors, with insufficient knowledge levels one of the most significant contributors of medication errors. Patients should be able to trust nurses to engage therapeutically and actively listen to their needs and concerns, responding using skills that are helpful, providing information that is clear, accurate, meaningful and free from jargon. However, without knowledge of pharmacology, it is impossible for nurses to be able to provide adequate advice. What the paper adds to the existing knowledge?: This study has examined an area that had not yet been systematically examined previously, which draws together previous research findings on mental health nurses' knowledge of adverse events, including side effects and medication errors, related to antipsychotic medication within NHS inpatient settings. What are the implications for practice?: A recent study has found that almost three-quarters (73%) of patients taking antipsychotic medication reported side effects to some degree. This high number of people experiencing antipsychotic medication side effects is likely to compromise care, especially in situations where nurses have inadequate knowledge of side effects and are unable to provide effective advice to patients. The findings from this study allow the mental health nursing profession an opportunity to reflect on the best means to increase knowledge and increase patient safety awareness and benefits for mental health service users. Abstract: Introduction Antipsychotic medications play a significant role in the treatment and recovery of people with several psychiatric disorders. However, research findings indicate mental health nurses are insufficiently knowledgeable about antipsychotic medication side effects. Aim To assess practising mental health nurses' knowledge of antipsychotic medication side effects using a Multiple-Choice Questionnaire (MCQ) across National Health Service (NHS) Trusts in England. Hypothesis Knowledge of antipsychotic medication side effects amongst registered mental health nurses is related to their academic qualification, clinical banding and length of experience. Method A national survey of registered mental health nurses was carried out using an online questionnaire which was disseminated by Research and Development departments. Results A total of 504 questionnaires were returned, 245 of which had full data and further analysed. The mean score for the sample was 14.4 and only 21 participants attained a mark of >80%. Implications for Practice Two out of three of our hypotheses (that length of experience and clinical banding are directly related to knowledge of antipsychotic medication side effects) were supported. Our study found many nurses have a suboptimal working knowledge of antipsychotic medication side effects which has the potential to compromise care. Strategies need to be put in place to enhance pharmacology knowledge

The working practices and clinical experiences of paediatric speech and language therapists: a national UK survey

Background: The majority of speech and language therapists (SLTs) work with children who have speech, language and communication needs. There is limited information about their working practices and clinical experience and their views of how changes to healthcare may impact upon their practice. Aims: To investigate the working practices and professional experiences of paediatric SLTs working in the UK through an online survey. Methods & Procedures: The survey was conducted online using Survey Monkey. Therapists were alerted to the survey through the Bulletin of the Royal College of Speech and Language Therapists and by e-mails to national special interest groups. Outcomes & Results: A total of 516 clinicians completed the survey. A large majority worked in the National Health Service (NHS). A varied pattern of working was revealed. Most worked in several settings and saw a range of clients. A typical clinician spends less than one-quarter of their time giving direct therapy and more than one-quarter training parents and other professionals. Nearly half of respondents felt that their time could be better used. Too little time for direct therapy and the time required for administration emerged as their principal concerns. Most clinicians have specialist knowledge of particular client groups and spend more time with them than do non-specialists. Nevertheless, clients are more likely to be treated by a therapist who does not claim to have specialist knowledge of their condition than by one who does. The only clients for whom this is not the case are those with dysphagia. Eighty per cent of respondents felt that proposed changes to the NHS would not benefit the children they treat and there was widespread concern about cuts and the effects of general practitioner commissioning. Despite this, a large majority expected to remain speech and language therapists 5 years from now. Conclusions & Implications : This survey provides an overview of the working practices of paediatric speech and language therapists. Its findings have significant implications for training and workforce development in the profession

Adjustment with aphasia after stroke: study protocol for a pilot feasibility randomised controlled trial for SUpporting wellbeing through PEeR Befriending (SUPERB)

Background: Despite the high prevalence of mood problems after stroke, evidence on effective interventions particularly for those with aphasia is limited. There is a pressing need to systematically evaluate interventions aiming to improve wellbeing for people with stroke and aphasia. This study aims to evaluate the feasibility of a peer-befriending intervention. Methods/design: SUPERB is a single blind, parallel group feasibility trial of peer befriending for people with aphasia post-stroke and low levels of psychological distress. The trial includes a nested qualitative study and pilot economic evaluation and it compares usual care (n = 30) with usual care + peer befriending (n = 30). Feasibility outcomes include proportion screened who meet criteria, proportion who consent, rate of consent, number of missing/incomplete data on outcome measures, attrition rate at follow-up, potential value of conducting main trial using value of information analysis (economic evaluation), description of usual care, and treatment fidelity of peer befriending. Assessments and outcome measures (mood, wellbeing, communication, and social participation) for participants and significant others will be administered at baseline, with outcome measures re-administered at 4 and 10 months post-randomisation. Peer befrienders will complete outcome measures before training and after they have completed two cycles of befriending. The qualitative study will use semi-structured interviews of purposively sampled participants (n = 20) and significant others (n = 10) from both arms of the trial, and all peer befrienders to explore the acceptability of procedures and experiences of care. The pilot economic evaluation will utilise the European Quality of life measure (EQ-5D-5 L) and a stroke-adapted version of the Client Service Receipt Inventory (CSRI). Discussion: This study will provide information on feasibility outcomes and an initial indication of whether peer befriending is a suitable intervention to explore further in a definitive phase III randomised controlled trial. Trial registration: ClinicalTrials.gov identifier NCT02947776, registered 28th October 2016

Measurement of the semileptonic branching fraction of the B_s meson

We report a measurement of the inclusive semileptonic branching fraction of the B_s meson using data collected with the BABAR detector in the center-of-mass energy region above the Υ(4S) resonance. We use the inclusive yield of ϕ mesons and the ϕ yield in association with a high-momentum lepton to perform a simultaneous measurement of the semileptonic branching fraction and the production rate of B_s mesons relative to all B mesons as a function of center-of-mass energy. The inclusive semileptonic branching fraction of the B_s meson is determined to be B(B_s→ℓνX)=9.5_(-2.0)^(+2.5)(stat)_(-1.9)^(+1.1)(syst)%, where ℓ indicates the average of e and μ