A Property Law Reader: Cases, Questions and Commentary, 4th Edition, Preface and Table of Contents

Property law — that body of rules which describes and defines relationships between people with respect to things — involves many choices. The choices include determining when it is appropriate and desirable to label something as property or, more accurately, as subject to a relationship between people based in the rules of property law. The choices involve asking questions, including why it is that we create relationships based in property and who should benefit from them. The rules of property law are notoriously difficult and complex, and they frequently appear disjointed and unconnected, but they are not arbitrary. They are based on choices, sometimes made explicitly, other times implicitly, about what is important. One of our principal goals in this collection of property law materials is to emphasize that the making of choices is a necessary, although commonly under-acknowledged, element in creating a regime of property law. We have made a choice to highlight what Margaret Davies has described as ‘‘asking the why question”. This involves using materials that prompt not only an investigation of the rules of property law but also the justifications for those rules. Another choice we have made in compiling this material is to highlight the disparate sources of property law. Excerpts from the decisions of common law courts dominate the page count, and learning to derive the principles and the rules from these decisions is a core element in a common law legal education, but there is much else besides. We have chosen to emphasize Indigenous legal traditions as one of the sources of Canadian property law alongside the civil law tradition in Quebec and the common law tradition (including principles of equity) in the rest of the country. This presents challenges, not the least because the concept or category of property, as it has developed in western legal traditions, sits uneasily with many Indigenous legal traditions. But it is also a useful reminder that the rules governing human relationships with respect to things are not only jurisdictionally, but also culturally and historically specific. The law of property is also to be found in a great diversity of legislative instruments, ranging from city by-laws, through provincial and federal statutes and regulations, to international agreements. These sources are scattered throughout the volume, but using them presents other challenges. Within the Canadian federation, property is primarily a matter of provincial jurisdiction, and the diversity of property regimes among the provinces limits our capacity to delve into the particular statutory framework of any one jurisdiction when producing a set of materials that is relevant across Canadian common law jurisdictions. As a result, we include examples from different jurisdictions and leave it to course instructors to add as much or as little of what is particular to their jurisdictions as they think desirable

Relationships between physiological characteristics and trace metal body burdens of banded garden spiders Argiope trifasciata (Araneae, Araneidae)

Banded garden spiders (Argiope trifasciata) were collected at the Ballona Wetlands, a metal contaminated salt marsh. The relationship between spider body size and individual metal loads was investigated. Biochemical markers were identified in spider fecal material and found to correlate to body metal levels. Body metal dry weight concentrations of Cd, Cr, Cu, Zn and total metals in female A. trifasciata exhibited distinct patterns of spatial and annual variation during 2006 and 2007. Spider body size was homogeneous across sites in both years, while increased Cd and Cr concentrations were sometimes associated with a reduction in spider size, though the influence of Cr was quite minor. Spiders with higher body Cu levels showed a reduction in peak area for hypoxanthine and an un-identified component in fecal material chromatograms. Spatial and annual differences in metal bioaccumulation are likely mediated by variation in site-specific environmental parameters and rainfall, while the negative relationships between body size and metal levels are presumably a consequence of a spider\u27s expenditure of energy for metal tolerance mechanisms vs. foraging and growth. Finally, correlating body metal levels with excreta products constitutes a novel method to non-invasively predict metal levels in spiders

HIV Drugs Inhibit Transfer of Plasmids Carrying Extended-Spectrum β-Lactamase and Carbapenemase Genes

More and more bacterial infections are becoming resistant to antibiotics. This has made treatment of many infections very difficult. One of the reasons this is such a large problem is that bacteria are able to share their genetic material with other bacteria, and these shared genes often include resistance to a variety of antibiotics, including some of our drugs of last resort. We are addressing this problem by using a fluorescence-based system to search for drugs that will stop bacteria from sharing resistance genes. We uncovered a new role for two drugs used to treat HIV and show that they are able to prevent the sharing of two different types of resistance genes in two unique bacterial strains. This work lays the foundation for future work to reduce the prevalence of resistant infections.Antimicrobial-resistant (AMR) infections pose a serious risk to human and animal health. A major factor contributing to this global crisis is the sharing of resistance genes between different bacteria via plasmids. The WHO lists Enterobacteriaceae, such as Escherichia coli and Klebsiella pneumoniae, producing extended-spectrum β-lactamases (ESBL) and carbapenemases as “critical” priorities for new drug development. These resistance genes are most often shared via plasmid transfer. However, finding methods to prevent resistance gene sharing has been hampered by the lack of screening systems for medium-/high-throughput approaches. Here, we have used an ESBL-producing plasmid, pCT, and a carbapenemase-producing plasmid, pKpQIL, in two different Gram-negative bacteria, E. coli and K. pneumoniae. Using these critical resistance-pathogen combinations, we developed an assay using fluorescent proteins, flow cytometry, and confocal microscopy to assess plasmid transmission inhibition within bacterial populations in a medium-throughput manner. Three compounds with some reports of antiplasmid properties were tested; chlorpromazine reduced transmission of both plasmids and linoleic acid reduced transmission of pCT. We screened the Prestwick library of over 1,200 FDA-approved drugs/compounds. From this, we found two nucleoside analogue drugs used to treat HIV, abacavir and azidothymidine (AZT), which reduced plasmid transmission (AZT, e.g., at 0.25 μg/ml reduced pCT transmission in E. coli by 83.3% and pKpQIL transmission in K. pneumoniae by 80.8% compared to untreated controls). Plasmid transmission was reduced by concentrations of the drugs which are below peak serum concentrations and are achievable in the gastrointestinal tract. These drugs could be used to decolonize humans, animals, or the environment from AMR plasmids

Using decision analysis to support proactive management of emerging infectious wildlife diseases

Despite calls for improved responses to emerging infectious diseases in wildlife, management is seldom considered until a disease has been detected in affected populations. Reactive approaches may limit the potential for control and increase total response costs. An alternative, proactive management framework can identify immediate actions that reduce future impacts even before a disease is detected, and plan subsequent actions that are conditional on disease emergence. We identify four main obstacles to developing proactive management strategies for the newly discovered salamander pathogen Batrachochytrium salamandrivorans (Bsal). Given that uncertainty is a hallmark of wildlife disease management and that associated decisions are often complicated by multiple competing objectives, we advocate using decision analysis to create and evaluate trade-offs between proactive (pre-emergence) and reactive (post-emergence) management options. Policy makers and natural resource agency personnel can apply principles from decision analysis to improve strategies for countering emerging infectious diseases

Using decision analysis to support proactive management of emerging infectious wildlife diseases

Despite calls for improved responses to emerging infectious diseases in wildlife, management is seldom considered until a disease has been detected in affected populations. Reactive approaches may limit the potential for control and increase total response costs. An alternative, proactive management framework can identify immediate actions that reduce future impacts even before a disease is detected, and plan subsequent actions that are conditional on disease emergence. We identify four main obstacles to developing proactive management strategies for the newly discovered salamander pathogen Batrachochytrium salamandrivorans (Bsal). Given that uncertainty is a hallmark of wildlife disease management and that associated decisions are often complicated by multiple competing objectives, we advocate using decision analysis to create and evaluate trade-offs between proactive (pre-emergence) and reactive (post-emergence) management options. Policy makers and natural resource agency personnel can apply principles from decision analysis to improve strategies for countering emerging infectious diseases

The development and validation of a scoring tool to predict the operative duration of elective laparoscopic cholecystectomy

Background: The ability to accurately predict operative duration has the potential to optimise theatre efficiency and utilisation, thus reducing costs and increasing staff and patient satisfaction. With laparoscopic cholecystectomy being one of the most commonly performed procedures worldwide, a tool to predict operative duration could be extremely beneficial to healthcare organisations. Methods: Data collected from the CholeS study on patients undergoing cholecystectomy in UK and Irish hospitals between 04/2014 and 05/2014 were used to study operative duration. A multivariable binary logistic regression model was produced in order to identify significant independent predictors of long (> 90 min) operations. The resulting model was converted to a risk score, which was subsequently validated on second cohort of patients using ROC curves. Results: After exclusions, data were available for 7227 patients in the derivation (CholeS) cohort. The median operative duration was 60 min (interquartile range 45–85), with 17.7% of operations lasting longer than 90 min. Ten factors were found to be significant independent predictors of operative durations > 90 min, including ASA, age, previous surgical admissions, BMI, gallbladder wall thickness and CBD diameter. A risk score was then produced from these factors, and applied to a cohort of 2405 patients from a tertiary centre for external validation. This returned an area under the ROC curve of 0.708 (SE = 0.013, p  90 min increasing more than eightfold from 5.1 to 41.8% in the extremes of the score. Conclusion: The scoring tool produced in this study was found to be significantly predictive of long operative durations on validation in an external cohort. As such, the tool may have the potential to enable organisations to better organise theatre lists and deliver greater efficiencies in care