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This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of (...) women/theory/law reform. The paper will argue that, whilst this model is clearly a valid choice, and attractive to feminist scholars in the promise it seems to hold, the model is not to be presumed but rather should be examined and considered in terms of its potential for feminist scholarship. Both within its own terms, and as part of the construction of an orthodoxy, the paper will argue that it is in fact problematic and that feminist scholarship would be better served by seeking an alternative theoretical model. An alternative is suggested, using the work of Deleuze, but it is acknowledged that this will require the acceptance of a very different theoretical configuration from that suggested by the triangular model of women/theory/lawreform. (shrink)

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What potential can be found in the work of Deleuze and Guattari for critical legal scholarship? The authors argue that their work can be deployed to re-think ‘critique’ by directly addressing the place and role of the ‘critic’. It is argued that the continued commitment to a stance of ‘resistance’ in CLS is underpinned by never-ending dualisms which, if not confronted and replaced, can only make CLS ever more redundant. The authors ask: ‘what is critique beyond the dualism of power (...) and resistance, of state and nomad?’ This question arises from a belief that critique is still capable of being effective, but only if there is the courage to experiment, and to think creatively. In this sense, the ‘exhaustion’ of critique is framed as an opportunity to re-think and re-engage with the politics of law. The paper diagrams, through image and film, a critical thought: the potential of the artisan. Film is utilised not as representation, nor as illustration, but as a thinking mind in its own right, through which questions relating to the state, political action, and creative thinking can be framed. Such a re-framing is essential, it is argued, for an engagement with the emergence of societies of control. (shrink)

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We examined if cancer patients' health-related quality of life (HRQoL) scores on the European Organisation for Research and Treatment of Cancer (EORTC) QLQ-C30 are affected by the specific time point, before or during treatment, at which the questionnaire is completed, and whether this could bias the overall treatment comparison analyses. A 'completion-time window' variable was created on three closed EORTC randomised control trials in lung (non-small cell lung cancer, NSCLC) and colorectal cancer (CRC) to indicate when the QLQ-30 was completed (...) relative to chemotherapy cycle dates, defined as 'before', 'on' and 'after'. HRQoL mean scores were calculated using a linear mixed model. Statistically significant differences (P< 0.05) were observed on 6 and 5 scales for 'on' and 'after' comparisons in the NSCLC and two-group CRC trial, respectively. As for the three-group CRC trial, several statistical differences were observed in the 'before' to 'on' and the 'on' to 'after' comparisons. For all three trials, including the 'completion-time window' variable in the model resulted in a better fit, but no substantial changes in the treatment effects were noted. We showed that considering the exact timing of completion within specified windows resulted in statistical and potentially clinically significant differences, but it did not alter the conclusions of treatment comparison in these studies. (shrink)

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Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects; as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and so on. This paper (...) argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised form, to envisage these developments and to provide the foundation for an understanding of the importance of the development of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through ‘control’. (shrink)

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Background: We aimed to determine the smallest changes in health-related quality of life (HRQoL) scores in the European Organisation for Research and Treatment of Cancer Quality of Life Questionnaire core 30 and the Brain Cancer Module (QLQ-BN20), which could be considered as clinically meaningful in brain cancer patients. Materials and methods: World Health Organisation performance status (PS) and mini-mental state examination (MMSE) were used as clinical anchors appropriate to related subscales to determine the minimal clinically important differences (MCIDs) in HRQoL (...) change scores (range 0-100) in the QLQ-C30 and QLQ-BN20. A threshold of 0.2 standard deviation (SD) (small effect) was used to exclude anchor-based MCID estimates considered too small to inform interpretation. Results: Based on PS, our findings support the following integer estimates of the MCID for improvement and deterioration, respectively: physical (6, 9), role (14, 12), and cognitive functioning (8, 8); global health status (7, 4(star)), fatigue (12, 9), and motor dysfunction (4(star), 5). Anchoring with MMSE, cognitive functioning MCID estimates for improvement and deterioration were (11, 2(star)) and for communication deficit were (9, 7). Estimates with asterisks were<0.2 SD and were excluded from our MCID range of 5-14. Conclusion: These estimates can help clinicians evaluate changes in HRQoL over time, assess the value of a health care intervention and can be useful in determining sample sizes in designing future clinical trials. (shrink)

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Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of marital (...) status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship. (shrink)

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