SensaSlim goes SLAPP, public interest crusader cops a legal whack

The SensaSlim company’s recent defamation suit against Dr Ken Harvey of La Trobe University highlights some of the regulatory problems facing complementary products in Australia. Dr Harvey initiated a complaint against the weight loss advertisements of SensaSlim in March this year with the Complaints Resolution Panel (CRP), which deals with complaints about breaches of the Therapeutic Goods Advertising Code 2007. The complaint was also sent to the Therapeutic Goods Administration (TGA) (which did not acknowledge it) and the Australian Competition and Consumer Commission (ACCC), which is now taking action against the company. The hearing is being held in a Federal Court in New South Wales tomorrow. There are also allegations the original research which validates the product is fabricated. Dr Harvey’s complaint alleged SensaSlim’s advertisements breached a number of sections of the Therapeutic Goods Advertising Code 2007; the substance of Dr Harvey’s complaints was that he could find no evidence to justify the sensational claims made for the product. On the 31 March Dr Harvey was served with a warning to withdraw his complaint. SensaSlim also threatened AusPharm with legal action for publishing an account of the complaint. When Dr Harvey refused to withdraw his complaint he was served with a defamation claim for $800,000. Of particular interest is the effect the defamation claim has on the complaint lodged with the CRP. Basically, it stops the CRP investigation in its tracks

Determinism and inevitability

In Freedom Evolves, Dan Dennett embarks on his second book-length attempt to lay to rest the deep metaphysical concerns that many philosophers have expressed about the possibility of human freedom.One of his main objectives in the earlier chapters of the book is to make determinism appear less threatening to our prospects for free agency than it has sometimes seemed, by attempting to show that a deterministic universe would not necessarily be a universe of which it could truly be said that everything that occurs in it is inevitable. In this paper, I want to consider Dennett’s striking argument for this conclusion in some detail. I shall begin by suggesting that on its most natural interpretation, the argument is vulnerable to a serious objection. I shall then develop a second interpretation which is more promising than the first, but will argue that without placing more weight on etymological considerations than they can really bear, it can deliver, at best, only a significantly qualified version of the conclusion that Dennett is seeking. However, although I shall be arguing that his central argument fails, it is also part of the purpose of this paper to build on what I regard as some rather insightful and suggestive material which is developed by Dennett in the course of elaborating his views. His own development of these ideas is hampered, so I shall argue, by a framework for thinking about possibility that is too crude to accommodate the immense subtlety and complexity which is exhibited by the workings of the modal verb ‘can’ and its past tense form, ‘could’; and also, I believe, by the mistaken conviction, on Dennett’s part, that any naturalistically respectable solution to the problem of free will would have to be of a compatibilist stripe. I shall attempt, in the second half of the paper, to explain what seems to me to be wrong with the framework, and to make some points about the functioning of ‘can’ and ‘could’, which I believe any adequate replacement for Dennett’s framework must respect. Ironically, though, I shall argue that it is the rejection of Dennett’s own framework which holds the key to understanding how to defend the spirit (if not the letter) of his thoughts about the invulnerability of our ordinary modal thinking to alleged threats from determinism

The law of gifts, conditional donation and biobanking

Tissue banks are critical to research efforts into the causes and treatment of many diseases. Biobanks are created from donated tissue but property concepts have not played a major role in understanding methods of the collection and use of tissue. Little work has been done to study the proprietary dimensions of these gifts primarily because of the influence of the res nullius rule. Instead, the primary focus of studies has been the concept of informed consent, but this has proven to be problematic. This article examines how the law of gifts can help to resolve these difficulties. It argues that the concept of conditional donation is a more useful way to understand and explain how tissue can be donated to biobanks. The article also suggests ways that conditional donation could be regulated so as to balance the needs of researchers and the concerns of donors

Intimacy or Utility? Organ Donation and the Choice between Palliation and Ventilation.

Organ donation after brain death provides the most important source for deceased organs for transplantation, both because of the number of potential organ donors that it makes available and also because of the unparalleled viability of the organs retrieved. Analysis of worldwide deceased organ donation rates demonstrates that all countries with high deceased organ donation rates (>20 donors per million population per year) have high brain death rates (>40 brain deaths per million population per year). This analysis makes it clear that countries striving to increase their deceased organ donor rates to world leading levels must increase the rates of donation after brain death. For countries with end-of-life care strategies that stress palliation, advance care planning and treatment withdrawal for the terminally ill, the adoption of initiatives to meaningfully raise deceased donor rates will require increasing the rate at which brain death is diagnosed. This poses a difficult, and perhaps intractable, medical, ethical and sociocultural challenge as the changes that would be required to increase rates of brain death would mean conjugating an intimate clinical and cultural focus on the dying patient with the notion of how this person's death might be best managed to be of benefit to others

Coordination Implications of Software Coupling in Open Source Projects

The effect of software coupling on the quality of software has been studied quite widely since the seminal paper on software modularity by Parnas [1]. However, the effect of the increase in software coupling on the coordination of the developers has not been researched as much. In commercial software development environments there normally are coordination mechanisms in place to manage the coordination requirements due to software dependencies. But, in the case of Open Source software such coordination mechanisms are harder to implement, as the developers tend to rely solely on electronic means of communication. Hence, an understanding of the changing coordination requirements is essential to the management of an Open Source project. In this paper we study the effect of changes in software coupling on the coordination requirements in a case study of a popular Open Source project called JBoss

Growth and development of the banana plant3. A. The origin of the inflorescence and the development of the flowers: B. The structure and development of the fruit

In this paper, which is presented in two parts, the growth and development of the banana plant have been examined from the standpoint of the origin of the inflorescence and the development of the flowers (Part A) and the structure and development of the fruit (Part B). First the main centres of growth in these structures are located and the manner of their development is presented. Thereafter, attention is focused upon the salient events which determine the alternative courses of development with a view to designating the chemical and physiological stimuli that may be required

Racially-conditional donation: The example of umbilical cord blood

While direction of donated tissue to family members has long been accepted, direction to members of specific racial groups has been opposed, on the basis that it is discriminatory and contrary to the ethos the institution of organ donation seeks to promote. It has, however, recently been proposed that racially conditional donation may provide a useful--and ethically acceptable--way to address the social inequalities and injustices experienced by certain cultural groups. This article examines the ethical, legal and cultural arguments for and against racially conditional donation, concluding that the practice is more likely to undermine the values of equity and justice than to promote them and that it may also lead to other unfavourable personal and social outcomes