Starbucks (HK) Case Note: The Ambiguous Limb of Goodwill and the Tort of

This article looks at the United Kingdom Supreme Court's decision in the case of Starbucks (HK) Ltd v British Sky Broadcasting Group PLC (Starbucks). In this case Lord Neuberger reaffirmed that the traditional "hard-line approach" is the applicable test for the goodwill limb under the tort of passing off in the United Kingdom. This approach maintains that in order to succeed in a claim for passing off, the claimant must show that they have goodwill in the form of business and customers in the jurisdiction. A significant reputation among a sufficient section of the prospective purchasing public within the jurisdiction (the "soft-line approach") was held to be insufficient. This article critically analyses Lord Neuberger's reasoning in favour of the traditional hard-line approach. It is found that his approach was out of touch with modern commercial reality. In conclusion, it is argued that Lord Neuberger did not strike the appropriate balance between the competing public interests in protection and competition, and it is contended that he should have adopted the more factually inquisitive soft-line approach. This would have brought the United Kingdom into line with what is arguably the more dominant and justifiable trend in other common law jurisdictions, thereby avoiding the enduring uncertainty which is likely to follow this decision

Effectiveness of an EcoWellness Intervention for College Aged Individuals With a Developmental Disability

Nature has the ability to heal many psychological wounds from anxiety and depression, stress, post traumatic stress disorder, and behavioral concerns. As a result, clinicians are recognizing the power of nature as a tool in the healing process. The purpose of this dissertation, which consists of one completed systematic review and a multiple probe single case study is to (a) provide background information on the current literature regarding nature, (b) create a manualized EcoWellness treatment intervention, and (c) test the effectiveness of the treatment intervention in order to provide practicing counselors with a potential new intervention to increase psychological wellbeing for those with a developmental disability. The systematic review lays the groundwork to identify the current research in the field of nature based counseling and what direction research needs to go. The intervention was implemented with young adults in a college setting who are diagnosed with neurodevelopmental disorder. The researcher used a single case multiple probe across participants design and visual analysis to determine if there was an effect when implementing the intervention

Comparing the Effectiveness of Cannabis Use and Opioid Use in Palliative Care Patients

This project aims to study the efficacy of the use of marijuana versus opioids for pain management in patients over 65 years old on palliative care. Palliative care is defined as an approach that focuses on improving the quality of care of seriously ill people and their families (Wallerstedt et. al., 2019). Opioids have been a reliable form of chronic pain relief in the past, but since the legalization of marijuana in some states, it has been presented as an alternative. A search was conducted using key words including marijuana, opioids, palliative care, and pain management. Exclusion criteria included articles published prior to 2017 as well as articles written about pain management methods other than opioids and marijuana. The literature indicated that while opioids are a reliable source of pain relief in this population, there are several adverse effects associated with their use including an increased fall risk, increased mental fatigue or delirium, and respiratory depression. An alternative form of pain relief is marijuana, which does not share many of the adverse effects associated with opioids. However, there are barriers to marijuana use in a palliative care setting, including legality of marijuana in certain states, and the related barriers to educating providers about the use of the drug. The alternative of using marijuana for pain relief, indicates a decrease in side effects seen in opioids and adequate pain relief seen in palliative care patients

Artificial egg-strip surveying for detection of pond-breeding newts: Does egg-strip substrate matter?

Survey methods for detecting newts (Salamandridae: Pleurodelinae) in ponds by identifying presence of eggs laid during their aquatic breeding condition are useful and often deployed across various population surveillance activities. Egg-strip surveying is an effective way of detecting newt presence in a pond by providing an egg-laying medium for newts that can be selectively inspected by a surveyor. In this study we deployed a series of different plastic substrates to investigate substrate laying preference by three species of newts; Lissotriton helveticus, L. vulgaris and Triturus cristatus. Our results revealed that L. helveticus and L. vulgaris significantly preferred green and longer varieties of black egg-strip substrate over a thicker less pliable plastic substrate. Contrastingly T. cristatus exhibited no significant preference between substrates. Results from this study indicate that if surveyors choose to use black long, black short, black, green, yellow, or red coloured substrates, or thicker black plastic substrates for egg-strip surveys, detection for T. cristatus remains constant but with improved detection and mild preference on more pliable plastic substrates. However, for L. vulgaris and L. helveti­ cus the thicker gauge black egg-strips may significantly reduce the effectiveness of detection and are discriminated against compared to more pliable grades of green and longer varieties of black plastic substrate. We recommend that surveyors constructing and deploying their own home-made egg-strip substrates should carefully consider their choice of which plastic substrate material to use in constructing the equipment

Growth Perspectives in Tree Campus Higher Education and Tree City USA

With an aggressive goal of 25% growth in both the Tree City USA and Tree Campus Higher Education programs, the Arbor Day Foundation (“ADF”, “Arbor Day”) needs a correspondingly bold plan to follow. Our group’s set of recommendations keep in step with ADF’s goals of inspiring people to Plant, Nurture, and Celebrate trees. Adopting ADF’s guiding principles informed and refined our recommendations. Our suggestions to ADF are to expand and refine marketing objectives, make use of communication platforms, streamline the survey and application procedure, and restructure the Tree City participation incentive programs. The subsections of this report provide greater detail for each key recommendation

U.S. Spacesuit Legacy: Maintaining it for the Future

The history of U.S. spacesuit development and its use are rich with information on lessons learned, and constitutes a valuable legacy to those designing spacesuits for the future, as well as to educators, students, and the general public. The genesis of lessons learned is best understood by studying the evolution of past spacesuit programs - how the challenges and pressures of the times influenced the direction of the various spacesuit programs. This paper shows how the legacy of various spacesuit-related programs evolved in response to these forces. Important aspects of how this U.S. spacesuit legacy is being preserved today is described, including the archiving of spacesuit hardware, important documents, videos, oral history, and the rapidly expanding U.S. Spacesuit Knowledge Capture program

Effects of garden management practices, by different types of gardeners, on human wellbeing and ecological and soil sustainability in Swiss cities

This is a pre-print of an article published in Urban Ecosystems. The final authenticated version is available online at: https://doi.org/10.1007/s11252-018-0806-2. The aim of this exploratory study is to address this research gap by identifying the characteristics of gardens and the management practices of gardeners that enhance the outcomes of gardening, which we separate into three dimensions: human wellbeing, biodiversity, and soil quality. Data were collected from 18 gardens in Zurich, Switzerland and a typology of gardeners was identified, which included ‘conservationist’, ‘functional’, ‘minimum effort’, ‘child-friendly’, and ‘aesthetic’ gardeners. The conservationist gardeners were found to have, on average, the highest species richness in their gardens, while the minimum effort gardeners had the lowest, which suggests that some degree of management can enhance species richness. The conservationist and minimum effort gardeners had, on average, the highest values for stable aggregates, while the minimum effort gardeners had the highest phosphorous content in their soil. The wellbeing of the minimum effort gardeners was lower than the other groups, which suggests it is the act of gardening, rather than merely having a garden, which leads to wellbeing outcomes. The results suggest that ecologically friendly gardening is compatible with desired social outcomes and furthermore that the beneficial effects of gardens are indeed related to the practices implemented by the gardeners, which are influenced by their attitudes towards gardening and the role of gardens in their lives

GaPP: a pilot randomised controlled trial of the efficacy of action of gabapentin for the management of chronic pelvic pain in women: study protocol

<p><b>Introduction:</b> Chronic pelvic pain (CPP) affects >1 million UK women. Annual healthcare costs are estimated at >£150 million. Proven interventions for CPP are limited, and treatment is often unsatisfactory. Gabapentin is increasingly prescribed due to reports of effectiveness in other chronic pain conditions, but there are insufficient data supporting value in CPP specifically. The mechanism by which gabapentin exerts its analgesic action is unknown. Given the prevalence and costs of CPP, the authors believe that a large, multicentre, placebo-controlled, double-blind randomised controlled trial to evaluate the efficacy of gabapentin in management of CPP is required. The focus of this study is a pilot to inform planning of a future randomised controlled trial.</p> <p><b>Methods and analysis:</b> The authors plan to perform a two-arm, parallel, randomised controlled pilot trial. The authors aim to recruit 60 women with CPP in NHS Lothian and NHS Grampian (UK) and randomise them to gabapentin or placebo. Response to treatment will be monitored by questionnaire compared at 0, 3 and 6 months. The primary objective is to assess recruitment and retention rates. The secondary objectives are to determine the effectiveness and acceptability to participants of the proposed methods of recruitment, randomisation, drug treatments and assessment tools and to perform a pretrial cost-effectiveness assessment of treatment with gabapentin.</p> <p><b>Ethics and dissemination:</b> Ethical approval has been obtained from the Scotland A Research Ethics Committee (LREC 12/SS/0005). Data will be presented at international conferences and published in peer-reviewed journals.</p&gt

The Grizzly, October 30, 2014

Board Announces National Search for New President • Residents Relocated After Fire • Clubs Host First Ever Festifall • Yik Yak Exposes Use of Fake IDs • Midterm Elections Approaching • Halloween Compared to Other International Holidays • UC Alumni Return • Viewers are Drawn to Colonial Theatre in Phoenixville • Student Interns at Disney World • Opinion: Must Halloween Costumes for Women be Sexy?; Occupy Movement in Hong Kong Persists • Local Athlete Stong Giving Field Hockey a Scoring Spark • Diving Into 2014-15 Slate • Seri-ously Goodhttps://digitalcommons.ursinus.edu/grizzlynews/1914/thumbnail.jp

The Grizzly, November 13, 2014

Art Department Debuts New Class • Delta Pi Becomes First Gender-Neutral Fraternity in UC History • Twin Brothers Host 5 Hour Study Marathon • Midterm Election Results • Chinese Culture Should be Shared, Not Hidden • High Prices Cause Complaints • Walking Through a Day With UC EMS • Berman Museum Timeline Installed • Feminists In Action Club Tackles the Issue of Gender Inequality • Opinion: Denial of Birth Control is Unconstitutional; Jewish Frat Vandalized • Letter to the Editor • Back-to-Back Champs • Sticking Together at Ursinushttps://digitalcommons.ursinus.edu/grizzlynews/1916/thumbnail.jp