7,760 research outputs found

    The Dilemma of Choice: A Feminist Perspective on the Limits of Freedom of Contract

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    In this essay I explore what Michael Trebilcock\u27s work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock\u27s work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock\u27s recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice

    The Dilemma of Choice: A Feminist Perspective on the Limits of Freedom of Contract

    Get PDF
    In this essay I explore what Michael Trebilcock\u27s work in The Limits of Freedom of Contract offers feminists in terms of a resolution or transcendance of the dilemma of choice. Trebilcock\u27s work does not address the deepest feminist concerns about conflicts between autonomy and welfare, but it does shed light on narrower versions of the dilemma, providing an analytical framework for the feminist dilemma of choice and emphasizing the pervasiveness of this problem in contract law. Trebilcock\u27s recommendation that society simultaneously use different institutions to promote different values also has salience for the feminist dilemma of choice

    Decent Work and the Informal Economy

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    employment, governance, ILO, indicators, informal sector, representation, rights, social protection

    Too Many Theories

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    A Review of Michael J. Trebilcock, The Limits of Freedom of Contrac

    Investigating the electrical response of the brain of the domestic chicken (Gallus gallus domesticus) to nociception through the use of depth electroencephalography (dEEG) : a thesis presented in partial fulfilment of the requirements for the degree of Master of Science in Physiology at Massey University, Manawatū, New Zealand

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    Nociception is an unavoidable side effect of many routine management and clinical procedures in animals. Electroencephalography (EEG) has previously been used to investigate the effect of nociception on mammalian brain activity. This study aimed to develop a method of assessing the avian response to nociception through depth electroencephalography (dEEG) of brain regions believed to be involved in central pain processing. Two groups of chickens were used in this study to investigate two brain regions, the rostral hyperpallium apicale (HA) and the caudomedial nidopallium (NCM). These regions were chosen due to the afferent and efferent projections they receive from the sensory thalamus and their previous implication in pain processing. Subjects were anaesthetised, and a concentric needle electrode was inserted into the brain to record the electrical activity in response to a number of stimuli. These stimuli included one non-painful, somatosensory stimulus, and four nociceptive stimuli (mechanical, thermal, feather removal and electrical). The dEEG data was then run through a spectral analyser which generated the median frequency (F50), spectral edge frequency (F95) and total power (PTOT). Inspection of these variables determined that within the HA there were two populations of birds, therefore these birds were treated as separate groups in the analysis (hHA and lHA). It was seen that spectral characteristics of the three groups investigated differed significantly, indicating differences in activity and function. The response to stimulation was seen to be significantly different between these brain regions. Following stimulation, the hHA was seen to have a significantly lower percentage of baseline spectral edge frequency and median frequency compared to the NCM and lHA. In response to stimulation the activity of the NCM and lHA remained constant and showed no distinguishable response, while the hHA was more variable. The hHA was much more variable. Although there was no consistent response to stimulation, there was a significant decrease in total power following electrical stimulation in the hHA. This study presents a number of interesting findings and demonstrates that different regions of the brain respond in differing ways to stimulation. The findings suggest that the hyperpallium apicale may respond to nociceptive stimulation, however further work is required to distinguish this. The presence of two populations within the HA group suggests that recordings were taken from two distinct brain regions, one of which displayed comparatively higher sensitivity to nociceptive stimulation. Elucidation of this brain region and further research into the response to nociception is required to further understand the response of the avian brain to pain. For future studies, the development of more precise methods will be required to enable more accurate recording of the activity occurring throughout the avian brain

    Where Is the Freedom in Freedom of Contract?: A Comment on Trebilcock\u27s the Limits of Freedom of Contract

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    Michael Trebilcock\u27s recent exploration of the limits of freedom of contract systematically considers both the instrumental and the intrinsic value of freedom or autonomy in an economic analysis. A third way of thinking about the value of freedom of contract is to take it as a presupposition of contract law: that is, freedom of contract is not just instrumentally or intrinsically desirable, but is conceptually necessary to contract law. Two examples are presented to suggest that by not considering this third perspective, Trebilcock leaves himself without a structure in which to deal with some of the issues that trouble him

    Workers’ Rights in the Global Economy

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    [Excerpt] Fresh information, insightful analysis, and sharp controversy marked presentations by eminent experts and advocates at the distinguished panel on workers\u27 rights in the global economy at the annual meeting in New Orleans

    International Trade and the Environment: What is the Role of the WTO?

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    Journeys through managing the unknowable: making decisions about dangerous patients and prisoners with severe personality disorder

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    Historically we have not known how to respond to offenders with personality disorder. In many respects all we have done is contain them, but this has failed to keep a hold of our anxieties. The Dangerous and Severe Personality Disorder (DSPD) Programme and four high security hospital and prison units for men have been developed in an attempt to reduce uncertainty and to help us 'know' more. Drawing from the case records of DSPD patients and prisoners and interviews with Parole Board (PB) and Mental Health Review Tribunal (MHRT) members this thesis explores how the journeys of patients and prisoners prior to and following DSPD admission are presented to the PB and MHRT, and how DSPD may impact on PB and MHRT decision-making. DSPD patients and prisoners share many similar characteristics, but following DSPD admission, some differences in their institutional responses can be identified. While the outcomes of PB and MHRT reviews with DSPD participants are different, the reviews serve many similar purposes. The uncertainty that surrounds DSPD disrupts PB and MHRT conceptions of what a normal journey through the criminal justice and/or mental health system looks like. We are not entirely certain who DSPD patients and prisoners have been, who they are, and who they may become. We do not know the extent to which DSPD treatment will reduce risk. Nor do we know how, or whether, DSPD patients and prisoners can progress to lower security facilities. Paradoxically, what we do know about DSPD, and the precautionary logic that structures DSPD, may serve to heighten our anxieties. It is this problematic terrain for decision-making, and journeys through managing the unknowable that this thesis explores
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