4,001 research outputs found

    Air Travel, Accidents and Injuries: Why the New Montreal Convention is Already Outdated

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    The 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention ) came into force in 2003. It is the latest in a series of attempts to replace a number of variations on the 1929 Warsaw Convention with a single agreement which regulates the rights and liabilities of international air carriers, their passengers and shippers. At the time, the Montreal Convention was hailed as providing better protection and compensation for victims of air accidents. However despite its recent adoption, in relation to claims for death and personal injuries the Montreal Convention is still firmly planted in the outdated terminology of its predecessor. The effect of this is that many passengers suffering injuries during international carriage are still left without a claim. For example, it is now well established that mental injuries are generally not recognized under the Convention. However, claims for certain injuries which are well associated with air travel - such as Deep Vein Thrombosis (also colloquially known as economy class syndrome\u27) - are also excluded. This is the recent finding of courts in a number of different jurisdictions, but most significantly in class actions in Britain and Australia. With such results, it is suggested that the basis for excluding these claims under the new Convention should be reconsidered

    Redeeming the Loss of Being: Ontology and Possibility in Thomas Pynchon\u27s Later Novels

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    This thesis takes up two novels written by Thomas Pynchon, and attempts gain a better understanding of how these two novels pose, reframe and resolve questions concerning existence in a postmodern era. Characterized by a loss of tangible meaning, uncertainty, and ever-increasing variability, the postmodern period has forced artists to define large philosophical concepts such as being, knowledge, and understanding without the sensibilities which grounded bygone eras. Mason & Dixon and Against the Day, both novels by Thomas Pynchon, take up the question of being in an uncertain time, and offers a reconceptualization of the political responsiblities of the individual in the postmodern era

    Air Travel, Accidents and Injuries: Why the New Montreal Convention is Already Outdated

    Get PDF
    The 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention ) came into force in 2003. It is the latest in a series of attempts to replace a number of variations on the 1929 Warsaw Convention with a single agreement which regulates the rights and liabilities of international air carriers, their passengers and shippers. At the time, the Montreal Convention was hailed as providing better protection and compensation for victims of air accidents. However despite its recent adoption, in relation to claims for death and personal injuries the Montreal Convention is still firmly planted in the outdated terminology of its predecessor. The effect of this is that many passengers suffering injuries during international carriage are still left without a claim. For example, it is now well established that mental injuries are generally not recognized under the Convention. However, claims for certain injuries which are well associated with air travel - such as Deep Vein Thrombosis (also colloquially known as economy class syndrome\u27) - are also excluded. This is the recent finding of courts in a number of different jurisdictions, but most significantly in class actions in Britain and Australia. With such results, it is suggested that the basis for excluding these claims under the new Convention should be reconsidered

    'There must be a Better Way': Personal Injuries Compensation since the 'Crisis in Insurance'

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    It is now six years since the 2002 ā€˜crisis in insuranceā€™. It can now beĀ observed that the attributed cause of the crisis - an explosion in commonĀ law personal injuries claims - was overstated. It is also evident that theĀ legislatureā€™s solution to the crisis was excessive. Statutory amendments tookaway from injured plaintiffs the right to sue - to the benefit of negligentĀ tortfeasors and their indemnifiers. They assisted private corporationsā€™Ā return to profitability by depriving the injured of the right to compensation.Accordingly, it is now time to consider other alternatives: if not a return toĀ an unfettered common law (the limitations of which have often beenĀ discussed), then perhaps other alternatives, including broad-based no faultĀ compensation such as that in use in New Zealand

    Air Travel, Accidents and Injuries: Why the New Montreal Convention is Already Outdated

    Get PDF
    The 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention ) came into force in 2003. It is the latest in a series of attempts to replace a number of variations on the 1929 Warsaw Convention with a single agreement which regulates the rights and liabilities of international air carriers, their passengers and shippers. At the time, the Montreal Convention was hailed as providing better protection and compensation for victims of air accidents. However despite its recent adoption, in relation to claims for death and personal injuries the Montreal Convention is still firmly planted in the outdated terminology of its predecessor. The effect of this is that many passengers suffering injuries during international carriage are still left without a claim. For example, it is now well established that mental injuries are generally not recognized under the Convention. However, claims for certain injuries which are well associated with air travel - such as Deep Vein Thrombosis (also colloquially known as economy class syndrome\u27) - are also excluded. This is the recent finding of courts in a number of different jurisdictions, but most significantly in class actions in Britain and Australia. With such results, it is suggested that the basis for excluding these claims under the new Convention should be reconsidered

    How can performance act historiographically? Enacting the New York avant-gardes of 1960s and early 1970s

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    The accompanying DVD for this thesis will be made available with a hard copy of the thesis in the University's main libraryThis thesis is concerned with extending the role that live performance might play in our understanding of the work of the interrelated avant-garde performance communities that emerged in New York in the 1960s and early 1970s. This is a practice-led project that uses my own performance work as the site of its enquiry. In the last decade performance itself has begun to play a significant role in our understanding of and relationship to past performances, in the main through the increasing pervasion of re-enactment as an acknowledged historiographical trope. However, as a consequence of its association with re-enactment, the nature of the historiographical role afforded to performance is still primarily determined by its proximity to the archive and institutionalised modes of performance history. Challenging the primacy of the re-enactment as a means of embodied engagement with past performance, this research project explores how manipulation of my own performance practice might generate new forms of historical knowledge. In particular my focus is on using this practice to develop a new understanding of how the work of this earlier period altered y the experience of the urban landscape for those participating in the work, audience and performers alike. Structured around a rigorous analysis of three specific works from across this earlier period, I conceived a series of spatial ā€˜blueprintsā€™ that were applied to my practice to create three new performance pieces. Using my own research and practice to renegotiate the relationship between live performance and the archive, I demonstrate the possibility for a new historiographical approach to past performance. This approach emphasises the role of the participants in the performance as generators of an alternative form of historical understanding embedded in ways of operating in the city

    Book Review

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    Reviewing Harold Klorfein, Estates in Expectancy, Simmons Boardman Publishing Corporation, 195

    2011 Oregon Vineyard Report

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    This statewide survey report on vineyards in Oregon, produced separately from the report on Oregon wineries, covers bearing and nonbearing acres, size of vineyard operation, variety and county, size distribution, prices, and yields. The report also contains some comparisons of data for 2010 and 2011. According to this report, wine grape production rose 33% in 2011

    Overruling Opinions in the Supreme Court

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    Despite its vaunted reputation for rectitude, the United States Supreme Court has been the first to deny its own judicial infallibility. For in at least ninety decisions, dating as far back as 1810 and as recent as its 1956 Term, the Supreme Court has made public confession of error by overruling its previous determinations. This is a study of those ninety decisions-a statistical accounting of overruling cases and cases overruled, and a listing of the judges who agreed and disagreed with what was said and done. And this is a study of the right to be wrong -an inquiry into when and under what circumstances the Supreme Court should overrule its prior dictates
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