China\u27s Developing Labor Law

This Article will examine China\u27s labor laws and policies generally as well as those specifically applicable to joint ventures

New York Times v. Sullivan at 50: Despite Criticism, the Actual Malice Standard Still Provides Breathing Space for Communications in the Public Interest

This year marks the fiftieth anniversary of the landmark Supreme Court decision in New York Times v. Sullivan. With the benefit of a 50-year perspective, this article focuses on three related aspects of the Sullivan decision. First, it arose from and provided protection for the emerging civil rights movement in the south. Second, the defamation-based attack on the civil rights movement caused the Court to depart from the common law and adopt the “actual malice” standard for recovery in defamation actions brought by public officials. In this article, we also explore the legal origins of that standard. Finally, the article considers both the criticism and the overall benefit of the actual malice standard as it has been applied through the years. We explore the application of the standard in a variety of contexts, including to blog articles, to overcome state law conditional privileges, in labor disputes, and in federal legislation to protect reports of suspicious air-transportation activity. We conclude that the actual malice standard has succeeded in providing “breathing space” for communications made in the public interest

Reviews

Anne Brockbank, Ian McGill and Nic Beech, Reflective Learning in Practice, Aldershot: Gower Publishing, ISBN: 0 566 08377 9. £49.50

Screening Historical Sexualities: A Roundtable on Sodomy, South Africa, and Proteus

(Excerpt) Proteus (2003; 100 min., Canada and South Africa) is a low-budget feature film, directed by John Greyson (Toronto) and Jack Lewis (Cape Town), that made the international rounds of “art cinema” and queer festivals in 2003 and 2004, with limited theatrical release in New York, Toronto, and other cities. The film advances Greyson’s and Lewis’s experiments with political essay-narrative forms both in their respective documentary, experimental, and dramatic videos dating back to the early 1980s (including Lewis’s Apostles of Civilized Vice [1999]) and in Greyson’s theatrical feature films beginning with Urinal in 1988. Based on an early-eighteenth-century court record, Proteus narrates the meeting, sexual relationship, and eventual trial and execution for sodomy of two prisoners in the Dutch Cape Colony, the Dutchman Rijkhaart Jacobsz and the Khoi Claas Blank. Subsidiary narratives focus on the Scottish botanist Virgil Niven, who observed the prisoners, and on the contemporaneous crackdown on sodomites in Amsterdam. GLQ initiated the following “virtual conversation” among the two directors, Israeli queer legal theorist Noa Ben-Asher, American film scholar R. Bruce Brasell, American film critic Daniel Garrett, and South African historian Susan Newton-King. Though it will “spoil” the plot for readers who have not seen the movie, we offer it as a lively debate about one of the more interesting entries in the new “new queer cinema.” The debate explores the precarious and artful interrelationship of histories, nations, narratives, and the law; cinematic intent and spectatorial interpretation; same-sexuality, conjugality, and difference; and even, as one participant dares to put it, love

Haemorrhagic Colitis Associated with Enterohaemorrhagic \u3ci\u3eEscherichia coli\u3c/i\u3e O165:H25 Infection in a Yearling Feedlot Heifer

Introduction: Enterohaemorrhagic Escherichia coli (EHEC) cause haemorrhagic colitis and haemolytic uraemic syndrome in humans. Although EHEC infection typically results in haemorrhagic colitis in all ages of human patients, in cattle it is usually limited to 1- to 5-week-old nursing calves. Case Presentation: A 1-year-old feedlot beef heifer was moribund with neurological signs and bloody diarrhoea. At necropsy, the colonic mucosa contained multiple grossly visible haemorrhagic erosions, each measuring \u3c1 mm in diameter. Histologically, foci corresponding to the gross erosions had E. coli O165 antigen-positive bacterial rods adherent to the apical surfaces of degenerate and necrotic colonic mucosal epithelial cells in association with attaching and effacing lesions, and also within cytoplasmic vacuoles in some of these cells. An E. coli O165:H25 strain was isolated from the colonic mucosal tissue, and by microarray analysis was found to contain virulence genes corresponding to type III secretion system (T3SS) structure and regulation (cesD, cesT, escD, escF, escN/escV, escR, escT, ler, sepL, sepQ), T3SS effectors (espA, espB, espC, espD, espD, espF, espH, espJ, nleB, nleC, nleD, nleH, tir), serine proteases (eatA, espC, espP), Shiga toxin (stx2), EHEC-haemolysin (ehxA), and adhesins [intimin-ε (eae-ε), type 1 fimbria (fimA, fimB, fimH), type IV pili (pilA, pilB, pilC, pilM, pilP, pilQ) and non-fimbrial adhesin (efa1/lifA)]. Conclusion: To the best of our knowledge, this is the first report of disease in cattle associated with EHEC O165:H25 infection, the oldest bovine EHEC disease case with isolation of the pathogen and the first bovine case to demonstrate grossly evident, haemorrhagic, colonic mucosal erosions associated with EHEC infection