6,118,071 research outputs found

    Award of damages to part-subsistence villagers in Papua New Guinea

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    One of the great challenges to Courts in civil claims is to award damages in an appropriate manner which as far as possible places the plaintiff in the position that he or she would be in but for the injury. The awarding of appropriate damages to a person leading a part-subsistence village lifestyle presents the Courts with a special challenge. This article considers the attempts that the Courts in Papua New Guinea have made to award appropriate damages to people living this lifestyle. The article attempts to bring together the common principles that emerge through the cases. It also outlines some of the important issues that still need to be addressed by the Courts to ensure that the actual needs of plaintiffs living in a village lifestyle are addressed

    Delivering open access: from promise to practice

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    An anniversary issue of Ariadne commissioned articles to predict the landscape ten years ahead. This contribution concludes that Open Access is a battleground where a ragamuffin band of academics and librarians are challenging the imperial pomp of billion dollar global companies. In those terms the contest is both unequal and unwinnable, since too much inertia is built into the system. However, as the article tries to show there are powerful drivers and change agents in place - technology; the nature of research; Google; national interest - which coupled with the sheer bloody-mindedness and persistence of the proponents of open access will lead to its growth as the dominant form of scholarly discourse. Whether that scholarly discourse will still include the journal article as we know it is a much more difficult question

    An awfully big adventure : Strathclyde's digital library plan

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    Describes how the University of Strathclyde is choosing to give priority to e-content and services instead of a new building

    Proposals to introduce a Tribunal for Assisted Suicide in the UK

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    It is time that Parliament took the brave and audacious move to publically debate legalising assisted suicide in the UK. Even though a Private Members Bill has recently been introduced in Parliament, it has little hope of success without Government backing. The continual underlying objection of the fear of the slippery slope and the effect of legalising assisted suicide would have on the elderly and the vulnerable is a justifiable one; however, the patient’s autonomy must be respected and it will be argued it is possible to legislate in favour of assisted suicide whilst protecting the vulnerable. It will be argued that the introduction of a Tribunal style system to speedily and sympathetically consider each and every patient’s plea to end their lives should be introduced. This would enable a panel, comprising representatives from both the judiciary and the medical profession an opportunity to assess each case on its merits. It would seek to confirm whether the patient has a terminal condition from which they will die within 9-12 months and each patient will be given a cooling off period to explore options of palliative care. Each case will be recorded and each death reported. The Panel will ensure that the patient is not being unduly pressurised and the person who will assist has nothing to gain. Each case will be closely monitored and each patient treated as an individual. Society should temper paternalism with respect for a patient’s autonomy in order to end the imbalance between the right of a patient to refuse medical treatment where they will surely die as a result and the lack of respect for the self determination of a patient who is clear they wish to end their lifeNon peer reviewe

    The Choice-Based Perspective of Choice-of-Law

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    This article offers an innovative basis for the choice-of-law question: the Choice-Based Perspective (CBP). The main argument is that there exists an alternative rights-based understanding of choice-of-law to that which is presently known as the vested rights theory. This understanding is based on the legal philosophy of perhaps the greatest expositor of the rightsbased concept, Immanuel Kant. In contrast to alternative approaches, CPB insists on a purely private conception of the subject, grounded on an organizing principle of unity of persons\u27 choices. Furthermore, the proposed approach holds much sway in practice, for the normative underpinnings of CBP are already embedded in many traditional and contemporary choice-of-law rules, doctrines, and concepts

    Do people with intellectual disabilities understand their prescription medication? A scoping review

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    © 2019 The Authors. Journal of Applied Research in Intellectual Disabilities Published by John Wiley & Sons Ltd.Background: People with intellectual disabilities are more likely to experience poor health than the general population and are frequently prescribed multiple medications. Therefore, it is important that people with intellectual disabilities understand their medication and potential adverse effects. Method: A scoping review explored people with intellectual disabilities' knowledge of prescription medications, their risks and how medication understanding can be improved. Results: Ten journal articles were included. People with intellectual disabilities often lacked understanding of their medication, including its name, purpose and when and how to take it. Participants were often confused or unaware of adverse effects associated with their medication. Information was sometimes explained to carers rather than people with intellectual disabilities. Some interventions and accessible information helped to improve knowledge in people with intellectual disabilities. Conclusion: There is a need for accessible and tailored information about medication to be discussed with people with intellectual disabilities in order to meet legal and best practice standards.Peer reviewe

    Magical urbanism:Walter Benjamin and utopian realism in the film Ratcatcher

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    Deploys Walter Benjamin to discuss fantastical representations of childhood and class in the film Ratcatcher

    'Notice and staydown' and social media: amending Article 13 of the Proposed Directive on Copyright

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    © 2018 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.This paper critically assesses the compatibility of content recognition and filtering technology or so-called notice and staydown approach with the right of social network platforms and users to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (1950) (ECHR). The analysis draws on Article 13 of the European Commission’s proposal for a Directive on Copyright, the case-law of the Strasbourg and Luxembourg Court and academic literature. It argues that the adoption of content recognition and filtering technology could pose a threat to social network platforms and user human rights. It considers the compliance of ‘notice and staydown’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test, to determine whether a ‘notice and staydown’ approach is, firstly, ‘in accordance with the law’, secondly, pursues one or more legitimate aims included in Article 8(2) and 10(2) ECHR and thirdly, is ‘necessary’ and ‘proportionate’. It concludes that ‘notice and staydown’ could infringe part one and part three of the ECtHR test as well as the ECtHR principle of equality of arms, thereby violating the rights of social network platforms and users under Articles 6, 8 and 10 of the Convention.Peer reviewe

    Book Review: Understanding commercial Law

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    This article reviews the book: “Understanding commercial Law”, by Philippa Gerbic and Leigh Miller

    Freedom of Expression in Cyberspace and the Coroner’s and Justice Act 2009

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    The focus of this paper is pornography. More specifically anti pornography law in the UK and more specifically still, law that prohibits pornographic images of children. For many people, this is a not a controversial area. Because they are convinced that the laws would never apply to them, then they are happy that prohibitions are on the statute book to deal with the paedophiles in the community and beyond. It may be however, that sometimes the law, particularly unquestioned and unchallenged, for whatever reason, can go too far and can become not only disreputable but counterproductive in its reasoning and its practicalities. The Coroners and Justice Act 2009 is a wide ranging piece of legislation which covers duties of coroners investigating deaths and in relation to treasure trove, as well as partial defences to murder, infanticide and assisting and encouraging suicide, genocide, conspiracy, evidence and treatment of witnesses. Amongst this rag bag of a statute s62 to 69 cover the possession of a prohibited image of a child. This act passed into law without media coverage except on the revised provocation criteria as a partial defence to murder. This is probably because much of the act is of a technical and procedural nature which would only invite comment from practitioners or the police, but s62 – 69 are of an altogether different order and will undoubtedly bring many unwise individuals within the remit of a personally disastrous offenceFinal Accepted Versio
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