67,560 research outputs found
Invisible women in reproductive technologies: Critical reflections
The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well
Trust Based Participant Driven Privacy Control in Participatory Sensing
Widespread use of sensors and multisensory personal devices generate a lot of
personal information. Sharing this information with others could help in
various ways. However, this information may be misused when shared with all.
Sharing of information between trusted parties overcomes this problem. This
paper describes a model to share information based on interactions and opinions
to build trust among peers. It also considers institutional and other controls,
which influence the behaviour of the peers. The trust and control build
confidence. The computed confidence bespeaks whether to reveal information or
not thereby increasing trusted cooperation among peers.Comment: 14 page
Sexuality and Sovereignty: The Global Limits and Possibilities of Lawrence Symposium: Legal Rights in Historical Perspective: From the Margins to the Mainstream
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas\u27 prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the decision; it represents a culmination of nearly a century\u27s worth of work in dismantling prejudicial views on gays and lesbians in American law and, indeed, the rest of the world. In this article, I explore Lawrence\u27s hidden and unstated implications for the recent globalization of gay civil rights, and contemplate whether Lawrence is yet another symbol of a global wave of change, or whether it represents an ultimately unfulfillable goal worldwide, particularly in places where gay civil rights movements have been met with considerable backlash. I will argue in this paper that a close reading of Lawrence represents a culmination of a historic, and increasingly global, convergence between liberty, privacy, and anti-essentialist theories of sexual identity. Indeed, the ultimate significance of Lawrence lies not in its overt shielding of sexual minorities from criminalization, but rather in its willingness to offer to the American (indeed global) public, a version of sexual autonomy that is filled with both promise and danger, fragility and universality. For, quite unlike Bowers, which largely directed its judicial gaze towards gays and lesbians in particular, the court in Lawrence carried a message of sexual self-determination for everyone, irrespective of sexual orientation. Emerging from this decision is a vision of sexual self-determination, what I call sexual sovereignty, that represents the intersectional convergence of three separate prisms: spatial privacy, expressive liberty, and deliberative autonomy. At the same time, by examining the case law that has flourished in its wake, we see that it has often been correlated with an implicit logic of containment that has relegated the exercise of sexual autonomy to private, rather than public, spaces. In creating a space for the convergence of all three facets, I would argue that Lawrence is a triumph - and a product - of anti-essentialism, but its implicit logic of containment limits its potential to traverse both theoretical and global divisions regarding culture and sexuality. Consequently, ultimately, despite the power of its universalist vision, this Article argues that Lawrence is circumscribed by potential limitations wrought by culture, property, nationality, and citizenship
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The CPTPP and Digital Trade: Embracing E-Commerce Opportunities for SMEs in Japan and Canada
One of the most innovative features of the CPTPP is its material on digital trade, especially its chapter on e-commerce which contains a number of provisions aimed at enhancing this vital sector of the economy by eliminating distortive trade barriers such as restrictions on data transfer and data localization requirements. Such provisions should be important to the CPTPP’s two largest parties: Canada and Japan, both of which are highly advanced economies seeking to enhance their digital trade capacity across the Pacific Rim. This paper explores the main features of the CPTPP concerning digital trade from the perspective of Small and Medium Sized Enterprises (SMEs) in Canada and Japan. Such businesses have a poor track record of e-commerce uptake and may be disadvantaged relative to their larger competitors which enjoy dominance in the online marketplace. Whether or not the CPTPP will assist these businesses while striking the right balance between an open internet and safeguarding of issues such as privacy is a matter of some debate
The Method and Role of Comparative Law
Part II will lay out the methodology of comparative law. My proposal for comparative methodology consists of these steps: Step 1 calls for acquiring the skills of a comparativist. These skills require immersion in the culture under review, linguistic knowledge, and the application of neutral, objective evaluative skills. Step 2 requires the application of these comparative skills to evaluate the external law, which consists of the law as written or stated. Here we must do a close assessment of the similarities and differences of the laws of different countries under review. Step 3 involves applying that same methodology to the internal law, a level of law that lies beneath external law yet has important influences on the formation of law. Finally, in Step 4 the results of comparative investigation are assembled in order to determine what we can learn from the foreign legal system and how that insight might reflect on our own legal system. Part III will then turn to describing and outlining the mission of comparative law. Here the focus will be on employing comparative law methodology to help gain insight into the laws of non- Western countries and solve pressing public policy questions
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