With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions

This article compares the bases upon which actions are taken or decisions are made in relation to those considered to lack the material capacity in the Mental Capacity Act 2005 (‘MCA’) and the Adults with Incapacity (Scotland) Act 2000 (‘AWI’). Through a study of (1) the statutory provisions; and (2) the case-law decided under the two statutes, it addresses the question of whether the use of the term ‘best interests’ in the MCA and its – deliberate – absence from the AWI makes a material difference when comparing the two Acts. This question is of considerable importance when examining the compatibility of these legislative regimes in the United Kingdom with the Convention on the Rights of Persons with Disabilities (‘CRPD’).The article is written by two practising lawyers, one a Scottish solicitor, and one an English barrister. Each has sought to cast a critical eye over the legislative framework on the other side of the border between their two jurisdictions as well as over the framework (and jurisprudence) in their own jurisdiction. Its comparative analysis is not one that has previously been attempted; it shows that both jurisdictions are on their own journeys, although not ones with quite the direction that might be anticipated from a plain reading of the respective statutes

Chiral Solitons in Generalized Korteweg-de Vries Equations

Generalizations of the Korteweg-de Vries equation are considered, and some explicit solutions are presented. There are situations where solutions engender the interesting property of being chiral, that is, of having velocity determined in terms of the parameters that define the generalized equation, with a definite sign.Comment: 9 pages, latex, no figures. References added, typos correcte

Quantitative study of molecular N_2 trapped in disordered GaN:O films

The structure of disordered GaN:O films grown by ion-assisted deposition is investigated using x-ray absorption near-edge spectroscopy and Raman spectroscopy. It is found that between 4 and 21 % of the nitrogen in the films is in the form of molecular N_2 that interacts only weakly with the surrounding matrix. The anion to cation ratio in the GaN:O host remains close to unity, and there is a close correlation between the N_2 fraction, the level of oxygen impurities, and the absence of short-range order in the GaN:O matrix.Comment: 5 pages, 3 figure

Tiling the plane without supersymmetry

We present a way of tiling the plane with a regular hexagonal network of defects. The network is stable and follows in consequence of the three-junctions that appear in a model of two real scalar fields that presents $Z_3$ symmetry. The $Z_3$ symmetry is effective in both the vacuum and defect sectors, and no supersymmetry is required to build the network.Comment: Revtex, 4 pages, 1 ps figure; version to appear in Phys. Rev. Let

Advancing the Sea Ice Hypothesis: Trophic Interactions Among Breeding Pygoscelis Penguins With Divergent Population Trends Throughout the Western Antarctic Peninsula

We evaluated annual and regional variation in the dietary niche of Pygoscelis penguins including the sea ice-obligate Adélie penguin (Pygoscelis adeliae), and sea ice-intolerant chinstrap (Pygoscelis antarcticus) and gentoo (Pygoscelis papua) penguins, three species that nest throughout the western Antarctic Peninsula (AP) to test the sea ice trophic interaction hypothesis, which posits that penguin breeding populations with divergent trends, i.e., declining or increasing, are reliant on differing food webs. Our study relies on values of naturally occurring carbon (13C/12C, δ13C) and nitrogen (15N/14N, δ15N) stable isotopes as integrated proxies of penguin food webs measuredover three years at three different breeding colonies. At Anvers Island in the north, where reductions in sea ice and changes in breeding population trends among sympatric sea ice-obligate (Adélie) and sea ice-intolerant (chinstrap and gentoo) penguins have been most notable, our analyses show that all three species of Pygoscelis penguins became more similar isotopically over the reproductive period

Quantification of opportunities for early-stage paramedicine students to practice clinical skills during clinical placements compared with an equal dose of simulation-based workshops

Introduction A reported advantage of simulation-based learning environments (SLE) over clinical placements (CPs) is that the former can provide a greater number and breadth of opportunities to practice level-appropriate clinical skills compared with the random patient presentations provided during the latter. Although logical and widely accepted as fact, we find no published evidence to demonstrate the magnitude, nor indeed veracity, of this assumption. We therefore sought to quantify the clinical skills practiced by entry-level paramedicine students attending a well-selected CP compared with an equal dosage of SLE. Methods N=37 first-year paramedicine students completed activity diaries during 3 days of CP and 3 days of SLE. Opportunities to practice clinical skills were quantified and coded as either: level-appropriate, beyond-level or of non-discipline relevance. Results During SLE, the average student was exposed 226 times to 11 level-appropriate clinical procedures. During CP the average student was exposed 48 times to 24 clinical procedures, the majority relevant to paramedicine (63%), but a minority level-appropriate (38%). Students’ opportunities for supervised, ‘hands on’ practice represented only 10% of exposures in either SLE or CP but in terms of raw numbers of level-appropriate opportunities, SLE provided more than CP (n=23 vs 2). Discussion Our results confirm that SLE provides substantially more opportunities than CP for students to practice level-appropriate skills and is therefore more appropriate for repetitive practice. However, CP is likely to remain useful to students for practicing interpersonal skills and contextualisation of knowledge within the broader health system. Educators should therefore carefully articulate learning objectives before choosing between SLE and CP

Ferromagnetic redshift of the optical gap in GdN

We report measurements of the optical gap in a GdN film at temperatures from 300 to 6K, covering both the paramagnetic and ferromagnetic phases. The gap is 1.31eV in the paramagnetic phase and red-shifts to 0.9eV in the spin-split bands below the Curie temperature. The paramagnetic gap is larger than was suggested by very early experiments, and has permitted us to refine a (LSDA+U)-computed band structure. The band structure was computed in the full translation symmetry of the ferromagnetic ground state, assigning the paramagnetic-state gap as the average of the majority- and minority-spin gaps in the ferromagnetic state. That procedure has been further tested by a band structure in a 32-atom supercell with randomly-oriented spins. After fitting only the paramagnetic gap the refined band structure then reproduces our measured gaps in both phases by direct transitions at the X point.Comment: 5 pages, 4 figure

Simonsenia aveniformis sp nov (Bacillariophyceae), molecular phylogeny and systematics of the genus, and a new type of canal raphe system

The genus Simonsenia is reviewed and S. aveniformis described as new for science by light and electron microscopy. The new species originated from estuarine environments in southern Iberia (Atlantic coast) and was isolated into culture. In LM, Simonsenia resembles Nitzschia, with bridges (fibulae) beneath the raphe, which is marginal. It is only electron microscope (EM) examination that reveals the true structure of the raphe system, which consists of a raphe canal raised on a keel (wing), supported by rib like braces (fenestral bars) and tube-like portulae; between the portulae the keel is perforated by open windows (fenestrae). Based on the presence of portulae and a fenestrated keel, Simonsenia has been proposed to be intermediate between Bacillariaceae and Surirellaceae. However, an rbcL phylogeny revealed that Simonsenia belongs firmly in the Bacillariaceae, with which it shares a similar chloroplast arrangement, rather than in the Surirellaceae. Lack of homology between the surirelloid and simonsenioid keels is reflected in subtle differences in the morphology and ontogeny of the portulae and fenestrae. The diversity of Simonsenia has probably been underestimated, particularly in the marine environment.Polish National Science Centre in Cracow within the Maestro program [N 2012/04/A/ST10/00544]; Sciences and Technologies Foundation-FCT (Portugal) [SFRH/BD/62405/2009]info:eu-repo/semantics/publishedVersio