Principle and Imagination in Judging: A Conversation with Mr. Justice James MacPherson

In the fall of 2005, Mr. Justice James MacPherson of the Ontario Court of Appeal began his visiting term at the Dalhousie University Faculty of Law. During his visit, Justice MacPherson spoke with two students about several issues that have engaged him during his career as a lawyer, academic and judge. The conversation raised a number of questions about Canada’s changing legal landscape, and how the judiciary has attempted to balance the role of legal principle and judicial imagination in law-making. How, for example, has the public’s sceptical perception of our evolving justice system subjected judges to a higher degree of scrutiny? The result has often been an apparent trade-off between principle and perception. What are the new dilemmas in our administration of justice? More than ever before, an applicant’s right to a principled and fair hearing has been compromised by systemic problems preventing access to the courts. Consequently, courts are being pressed to be more imaginative. To what extent, then, should judges articulate the intuitive (and sometimes personal) premise that often lies at the heart of their judgement? The weight of all these issues has placed judges in a position to re-consider their role in the justice system, and how they can balance principle and imagination to better adapt to the needs of society. Justice MacPherson brings his unique perspective to these issues from his vast experience in the legal system. He was counsel for the Government of Saskatchewan in many early landmark constitutional decisions, he served as an officer in the Dickson Court, and was later involved as a judge in several high profile decisions, such as the recent Ontario same-sex marriage appeal, Halpern. v. Canada. A graduate of Dalhousie Law School in 1976, Justice MacPherson has had a remarkable legal career. He began as a law professor at the University of Victoria, spent time as Director of the Constitutional Branch of Saskatchewan, and later was Executive Legal Officer of the Supreme Court of Canada. He was the Dean of Osgoode Hall Law School until his appointment as a judge of the Ontario Superior Court, and later the Ontario Court of Appeal

Principle and Imagination in Judging: A Conversation with Mr. Justice James MacPherson

In the fall of 2005, Mr. Justice James MacPherson of the Ontario Court of Appeal began his visiting term at the Dalhousie University Faculty of Law. During his visit, Justice MacPherson spoke with two students about several issues that have engaged him during his career as a lawyer, academic and judge. The conversation raised a number of questions about Canada’s changing legal landscape, and how the judiciary has attempted to balance the role of legal principle and judicial imagination in law-making. How, for example, has the public’s sceptical perception of our evolving justice system subjected judges to a higher degree of scrutiny? The result has often been an apparent trade-off between principle and perception. What are the new dilemmas in our administration of justice? More than ever before, an applicant’s right to a principled and fair hearing has been compromised by systemic problems preventing access to the courts. Consequently, courts are being pressed to be more imaginative. To what extent, then, should judges articulate the intuitive (and sometimes personal) premise that often lies at the heart of their judgement? The weight of all these issues has placed judges in a position to re-consider their role in the justice system, and how they can balance principle and imagination to better adapt to the needs of society. Justice MacPherson brings his unique perspective to these issues from his vast experience in the legal system. He was counsel for the Government of Saskatchewan in many early landmark constitutional decisions, he served as an officer in the Dickson Court, and was later involved as a judge in several high profile decisions, such as the recent Ontario same-sex marriage appeal, Halpern. v. Canada. A graduate of Dalhousie Law School in 1976, Justice MacPherson has had a remarkable legal career. He began as a law professor at the University of Victoria, spent time as Director of the Constitutional Branch of Saskatchewan, and later was Executive Legal Officer of the Supreme Court of Canada. He was the Dean of Osgoode Hall Law School until his appointment as a judge of the Ontario Superior Court, and later the Ontario Court of Appeal

The Assessment of the Atherogenic Lipoprotein Profile in Cardiovascular Diseases by Lipoprint System Analysis

Research focus: Identification of incidence of an atherogenic lipoprotein phenotype B in four representative diagnoses of cardiovascular diseases: a) arterial hypertension, b) coronary heart disease, c) lower extremity arterial disease, d) ischemic stroke Research methods: A clinical study included 366 patients with a diagnosis of arterial hypertension (n=107), coronary heart disease (n= 104), lower extremity arterial disease (n= 100) and ischemic stroke (n= 55). The control group consisted of 150 healthy normotensive and normolipemic volunteers, all non-smokers, without signs of cardiovascular disease. In all tested individuals (or subjects) lipid parameters in serum: cholesterol and triglycerides were analyzed, using the enzymatic CHOD-PAP method, Roche Diagnostics Germany. Lipoproteins in serum lipoprotein spectrum by Lipoprint LDL system were analyzed and an atherogenic and a non-atherogenic lipoprotein profile idetified. The Score of the Anti-Atherogenic Risk (SAAR) was calculated as the ratio between non-atherogenic and atherogenic lipoproteins. Results: More than 80 percent of tested patients with cardovascular diseases have an atherogenic lipoprotein profile, with a high level of strongly atherogenic small dense LDL. The atherogenic profile was found in arterial hypertension 78.5%, in coronary heart disease in 81.7%, in lower extremity arterial disease in 80 %, and in patients who survived an ischemic stroke in 85%. Main conclusion: The atherogenic lipoprotein profile was found to be the overwhelming lipoprotein profile in tested cardiovascular diseases A new phenomenon- atherogenic normolipidemia - as a risk factor for the development of cardiovascular disease, would be established as a new term used in the diagnostics of dyslipoproteinemia

Flexible Fertigungssysteme und Arbeitsplatzstrukturen

"Auf dem Wege zur vollautomatischen Produktion werden Entwicklungen von 'Flexiblen Fertigungssystemen' besonders auch unter den Aspekten der Arbeitskräfteeinsparung und der Einführung von 'mannlosen Schichten' in der Einzel- und Kleinserienfertigung vorangetrieben. Das Projekt 'Flexible Fertigungssysteme und ihre Auswirkungen auf Arbeitsplatzstrukturen' befaßte sich mit dieser Entwicklung. ... Die wesentlichen Ergebnisse sind: Der Einführungsprozeß von flexiblen Fertigungssystemen ist komplex, langwierig und kostspielig. Bislang gibt es nur Individuallösungen, deren Wirtschaftlichkeit auch nicht nachgewiesen werden kann. Die optimistischen Prognosen hinsichtlich der schnellen Verbreitung flexibler Fertigungssysteme Anfang der 70er Jahre haben sich nicht realisieren lassen. Die Vollautomatisierung konnte nicht in dem gewünschten Maß erreicht werden. ... Die vorhandenen betrieblichen Organisationsstrukturen scheinen auch bei der Nutzung von flexiblen Fertigungssystemen weiterhin bestehen zu bleiben, so daß vorhandene Gestaltungsfreiräume kaum genutzt werden. ... Die quantitativen Beschäftigungswirkungen von flexiblen Fertigungssystemen werden nach den heutigen Kenntnissen bis 1990 verhältnismäßig gering sein." (Autorenreferat)flexibles Fertigungssystem, Arbeitsplätze - Struktur, Tätigkeitsmerkmale, Arbeitsbelastung

Das IAB-Betriebspanel : Ansatz und Aufbau

"In der Arbeitsmarktforschung und -verwaltung, in der Personalwirtschaftslehre und in den Betrieben besteht ein erhebliches Defizit an einzel- und gesamtwirtschaftlichen Informationen über die Nachfrageseite des Arbeitsmarktes. Gegenüber Querschnittsuntersuchungen liefern Längsschnitterhebungen, die eine Verknüpfung gleichbleibender Tatbestände in denselben Betrieben über mehrere Wellen hin erlauben, problemgerechtere Ergebnisse. Das IAB legt deshalb sein Konzept eines Betriebspanels vor. Als Grundgesamtheit dient die Betriebsdatei der BA-Beschäftigtenstatistik. Testerhebungen mit qualifizierten Interviewern in rd. 150 Betrieben ergaben die Machbarkeit, aber auch Grenzen eines Betriebspanels. Weitere Tests müssen zeigen, ob die spätere Durchführung bei der BA oder bei Befragungsinstituten liegt. Der Sachstandsbericht liefert weder umfassende, theoriegeleitete Hypothesen noch empirische Ergebnisse. Vielmehr ist es in einem frühen Entwicklungsstadium beabsichtigt, Betriebspanelinteressenten zu informieren und sie in die Diskussion einzubeziehen." (Autorenreferat)Panel - Konzeption, IAB-Betriebspanel

Methodological approach for farm typology construction in terms of soil health – the EU case

Soil health is a significant problem in agriculture which demands a tailor-made approach. The study aims to develop a methodological approach for farm typology construction in terms of soil health. TUdi project, under which was made this study, aims to transform unsustainable management of soils in key cropping systems in Europe and China, developing an integrated platform of alternatives to reverse soil degradation. Thus, the focus is on small, medium, and large EU farms, which produce in the three key cropping systems - grassland, cereal-based rotation, and tree crops. It was applied principal component analysis based on which it was constructed four factors, related to soil health. The results from this analysis was used to feed up the cluster analysis together with other significant variables. The developed farm typology consists of four farm types. From practical point of view was introduced a methodology which allow to determine the type of each farm according the TUdi typology

Invariant-mass and [gamma]-ray spectroscopy using secondary, radioactive ion beams

Coulomb excitation of secondary beams (5 < Z < 20) at energies around 250 .1 MeV was explored at GSI. For low-lying states, 7-ray spectroscopy was utilized, while high-lying excitations were investigated by means of invariant-mass spectroscopy

Landiolol in patients with septic shock resident in an intensive care unit (LANDI-SEP): study protocol for a randomized controlled trial

In patients with septic shock, the presence of an elevated heart rate (HR) after fluid resuscitation marks a subgroup of patients with a particularly poor prognosis. Several studies have shown that HR control in this population is safe and can potentially improve outcomes. However, all were conducted in a single-center setting. The aim of this multicenter study is to demonstrate that administration of the highly beta1-selective and ultrashort-acting beta blocker landiolol in patients with septic shock and persistent tachycardia (HR ae 95 beats per minute [bpm]) is effective in reducing and maintaining HR without increasing vasopressor requirements. A phase IV, multicenter, prospective, randomized, open-label, controlled study is being conducted. The study will enroll a total of 200 patients with septic shock as defined by The Third International Consensus Definitions for Sepsis and Septic Shock criteria and tachycardia (HR ae 95 bpm) despite a hemodynamic optimization period of 24-36 h. Patients are randomized (1:1) to receive either standard treatment (according to the Surviving Sepsis Campaign Guidelines 2016) and continuous landiolol infusion to reach a target HR of 80-94 bpm or standard treatment alone. The primary endpoint is HR response (HR 80-94 bpm), the maintenance thereof, and the absence of increased vasopressor requirements during the first 24 h after initiating treatment. Despite recent studies, the role of beta blockers in the treatment of patients with septic shock remains unclear. This study will investigate whether HR control using landiolol is safe, feasible, and effective, and further enhance the understanding of beta blockade in patients with septic shock

Genetic polymorphisms of the RAS-cytokine pathway and chronic kidney disease

Chronic kidney disease (CKD) in children is irreversible. It is associated with renal failure progression and atherosclerotic cardiovascular (CV) abnormalities. Nearly 60% of children with CKD are affected since birth with congenital or inherited kidney disorders. Preliminary evidence primarily from adult CKD studies indicates common genetic risk factors for CKD and atherosclerotic CV disease. Although multiple physiologic pathways share common genes for CKD and CV disease, substantial evidence supports our attention to the renin angiotensin system (RAS) and the interlinked inflammatory cascade because they modulate the progressions of renal and CV disease. Gene polymorphisms in the RAS-cytokine pathway, through altered gene expression of inflammatory cytokines, are potential factors that modulate the rate of CKD progression and CV abnormalities in patients with CKD. For studying such hypotheses, the cooperative efforts among scientific groups and the availability of robust and affordable technologies to genotype thousands of single nucleotide polymorphisms (SNPs) across the genome make genome-wide association studies an attractive paradigm for studying polygenic diseases such as CKD. Although attractive, such studies should be interpreted carefully, with a fundamental understanding of their potential weaknesses. Nevertheless, whole-genome association studies for diabetic nephropathy and future studies pertaining to other types of CKD will offer further insight for the development of targeted interventions to treat CKD and associated atherosclerotic CV abnormalities in the pediatric CKD population