1,191 research outputs found

    Choccosuisee - The New "Extended Extended" Passing Off

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    This paper analyses the recent British passing off case Chocosuisse. The paper attempts to set out the historical nature of passing off and then analyse the developments in Chocosuisse in light of the historical origins of the tort. The relationship between tort and equity is discussed, with particular attention paid to the 'fusion' debate. The acceptance of an 'unclean hands' defence in Chocosuisse and its appropriateness is discussed. The author proposes alternative means of achieving similar goals that are more consistent with both passing off's origins and the relationship between tort and equity. The new Chocosuisse requirements for extended passing off goodwill are discussed. The author considers potential problems that the new requirements will create for extended passing off in and urges future courts not to follow this aspect of Chocosuisse. Finally Laddie J's use of passing off to protect correct application of geographical indicators and the inconsistency of this use with the origins of passing off are discussed. The author considers alternative means available to protect accurate application of geographical indicators

    A Structural Study by Transmission Electron Microscopy of the Reactions of Some Graphite Intercalation Compounds

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    The intercalation compounds potassium graphite, graphite ferric chloride, graphite copper sulphide and graphite iron have been prepared. The structures of these compounds, examined by transmission electron microscopy and electron diffraction exhibit similar features, the most common being dark areas with bright discs and ring moire patterns. Electron diffraction patterns from areas of ring moire patterns are distorted indicating uneven intercalation. Potassium graphite, prepared and examined in situ at 573K, appears to contain a mixture of Stage I and higher compounds. Graphite ferric chloride is evenly intercalated and is a stage I compound while graphite copper sulphide appears to be a stage II or higher compound. Graphite iron contains iron in three forms, namely, a graphite iron intercalation complex, iron crystallites and some finely dispersed iron. The areas of iron crystallites also contain THF which causes exfoliation of the graphite as a result of the heating effect of the electron beam. Graphite ferrous chloride formed by reduction of graphite ferric chloride exhibits aggregations of FeCl2 within the graphite layers. Some expulsion of FeCl3 also occurs on heating graphite ferric chloride. The catalytic activity of potassium graphite, graphite ferric chloride, graphite copper sulphide and graphite ferrous chloride for ammonia synthesis from N2/H2 was studied in the range 483-723K and the structures of the intercalation compounds examined after reaction by transmission electron microscopy and electron diffraction. Gaseous products were analysed by mass spectrometry, infra-red analysis, and wet chemical methods and in no case was free ammonia observed. Reaction was observed above 483K after 1 hour in a flow system over potassium graphite. Reaction occurs within the graphite layers and decomposition of the potassium graphite to KNH2 at 573K was observed possibly via a ternary intermediate. Reduction of graphite ferric chloride and graphite copper sulphide takes place on reaction with nitrogen and hydrogen in the range 523-723K. The graphite ferrous chloride formed, exhibited some activity for ammonia synthesis with formation of aggregates within the layers which were provisionally identified as NH4Cl. The catalytic activity of graphite ferrous chloride and graphite iron for the hydrogenation of butadiene was also studied. At 573K graphite ferrous chloride catalysed the polymerisation of butadiene in a similar manner to free ferrous chloride. Electron diffraction indicated that a small amount of iron was formed which could be responsible for the minor hydrogenation reaction observed. Graphite iron exhibited low catalytic activity for the hydrogenation of butadiene compared to iron. Heating graphite iron causes the decomposition of the compound with agglomeration and expulsion of iron particles from the lattice. These iron particles exhibited high catalytic activity for carbon deposition in the butadiene, hydrogen system

    Short Communication: Powerless and Jobless? Comparing the Effects of Powerless Speech and Speech Disorders on an Applicant’s Employability

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    The present study examines the impact of a speech disorder (a lateral lisp) and powerless speech on an applicant’s hireability. College students (N = 113) reviewed an applicant’s resume, as well as a description of two occupations/job openings that varied in regard to necessitating speech. Participants listened to one of three interviews (speech disorder vs. powerless speech vs. control), indicated their willingness to hire the applicant, and then completed hire-ability and employability scales for both positions, as well as an impressions ratings form. Contrary to the hypotheses, few differences between the “employers” responses to the control and speech disorder applicants were found. The speech disorder applicant was discriminated against only when the job required speech. Powerless speech negatively affected the participants’ impressions. Compared to the other applicants, the powerless speech applicant was perceived to be the least hirable and was perceived least favorably on the majority of the impression ratings

    Building South African women’s leadership: A cohort model for the PhD in student affairs

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    Despite the presence of a historically male-dominated culture in leadership, gendermediated obstacles and challenges, black women in South Africa have the passion to develop professionally and move to higher levels as educational leaders. The current study assessed female students’ perceptions regarding a joint pilot doctoral programme betweenthe University of the Western Cape (UWC) and California State University, Fullerton’s (CSUF) Higher Education programme, and their experiences while in the programme. Five participants described programme expectations, challenges, strengths, weaknesses, and programme completion. Moreover, the research focused on the participants’ future hopes, aspirations, and their observations regarding any changes in their professional and academic growth. Students expressed that coming to CSUF after their experiences at UWC enabled them to learn from faculty members with expertise in student affairs, which has further developed their knowledge concerning student development strategies, philosophy and history. Recommendations for the programme centred on increased cohort meetings, expanded programme resources such as research, student support outside the classroom settings, and the improvement of programme funding in order to provide more financial support to students. The importance of professional development and formalised training programmes, expanding research dynamics, and teaching components with international collaborations are promising practices to address the challenges and obstacles black women face in preparing to become leaders in South African higher education

    Building South African women’s leadership: A cohort model for the PhD in student affairs

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    Despite the presence of a historically male-dominated culture in leadership, gendermediated obstacles and challenges, black women in South Africa have the passion to develop professionally and move to higher levels as educational leaders. The current study assessed female students’ perceptions regarding a joint pilot doctoral programme between the University of the Western Cape (UWC) and California State University, Fullerton’s (CSUF) Higher Education programme, and their experiences while in the programme. Five participants described programme expectations, challenges, strengths, weaknesses and programme completion. Moreover, the research focused on the participants’ future hopes, aspirations and their observations regarding any changes in their professional and academic growth. Students expressed that coming to CSUF after their experiences at UWC enabled them to learn from faculty members with expertise in student affairs, which has further developed their knowledge concerning student development strategies, philosophy and history. Recommendations for the programme centred on increased cohort meetings, expanded programme resources such as research, student support outside the classroom settings, and the improvement of programme funding in order to provide more financial support to students. The importance of professional development and formalised training programmes, expanding research dynamics, and teaching components with international collaborations are promising practices to address the challenges and obstacles that black women face in preparing to become leaders in South African higher education.Keywords: South Africa, student affairs, doctoral programme, professional development, females in higher educatio

    Creating Connections: An Early Look at the Integration of Behavioral Health and Primary Care into Accountable Care Organizations

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    Despite the potential benefits of models that integrate behavioral health and primary care, fiscal, structural, and cultural barriers prevent organizations from pursuing them. Accountable care organizations (ACOs) may be better positioned to implement integrated care because of modified reimbursement structures with an emphasis on care coordination. This report showcases integration approaches at two ACOs. The first uses a colocation plus collaboration model that improves connectivity between providers through proximity and improved sharing of information. The second uses a model that adds behavioral health specialists to the primary care team to bolster the capacity of PCPs in managing mental health and substance abuse conditions. We identify two factors that enable successful implementation: participation in an ACO and selection of an appropriate model of integration. External partners can support the spread of integrated models of care through education and collaborative learning

    Investigating Consensus-Seeking Partnerships in Water Governance: A Case Study of Southern Alberta

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    Growing demand for public involvement in environmental governance combined with recognition that top-down approaches often are not well suited to dealing with local concerns has led to increased use of collaborative approaches. The consensus-seeking partnership is becoming a common tool in the landscape of collaborative water governance. These arrangements typically are used to provide advice on water management to policy makers. Partnership models based on consensus are grounded in a number of assumptions, including cooperation amongst multi-stakeholder participants, fair and high quality decision outcomes, and commitment to implement the results produced during the consensus seeking process. Conflicting research on the consensus model and its use as a collaborative decision-making tool indicates that these assumptions are difficult to achieve. This thesis investigates these assumptions through a study of the outcomes of consensus in collaborative advisory partnerships and the procedures necessary for ensuring success with the consensus partnership model. Data were derived from analysis of documents and interviews with study participants involved in water partnerships in Southern Alberta. The research revealed that a number of conditions are needed in consensus-based approaches to avoid negative outcomes such as lowest common denominator decisions. While the analysis focuses on experiences in Alberta, the lessons learned are broadly transferable and provide practitioners in water management a more accurate representation of the use of consensus in collaborative water partnerships
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