2,173 research outputs found

    Censorship and morality in cyberspace: Regulating the gender-based harms of pornography online

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    This paper is the second of a two part paper. Part one, \u27What\u27s Morality got to do with it?: The Gender-based harms of Pornography\u27, published in the previous volume of this journal, argued that Australia\u27s approach to regulating pornography, namely censorship, fails to specifically address the gender-based harms caused by the production and distribution of pornography. Part one argued that the preferable approach, which specifically addresses these gender-based harms, is the sex equality approach to regulation, first formulated by American feminists Catharine A MacKinnon and Andrea Dworkin in the form of a civil rights ordinance. The ordinance allows persons harmed by pornography to sue for those harms on the basis that pornography is an issue of sex discrimination. \u27What\u27s morality got to do with it? The gender-based harms of pornography\u27, Southern Cross University Law Review, Vol. 10, 2006 (AGIS No 20063908)

    Great expectations: Inheritance, equity and the family farm

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    This article alerts farmers and those who advise them of the need for caution when making arrangements or agreements with family members regarding the future ownership and succession of the family farm. Such arrangements are frequently oral and informal. Promises are made and revised, and often unspoken ‘understandings’ are arrived at. This lack of legal formality gives rise to a propensity for matters to go badly and bitterly ‘wrong’. Furthermore, the article draws attention to the fact that, even where formal arrangements are made, they are vulnerable to challenge and the nature of the legal and equitable doctrines applicable in such cases means the outcome of such challenges cannot be confidently predicted. It may come as a surprise to many farmers to learn that their autonomy in dealing with their land and businesses can be overridden by legally imposed obligations of morality and good conscience. The article illustrates its thesis by examining three High Court cases in which family farming agreements have been challenged. In each case, the court determined the fate of the family farm, not by reference to the farmer’s intention, but by the application of succession legislation and equitable doctrines, such as equitable estoppel and unconscionable transaction. Moreover, in two of these cases, the farmer’s actual intention was overridden in favour of an arrangement that better coincided with what the court considered that he ought to have done - resulting in an outcome that neither the parties nor their legal advisers could have expected

    Prenatal programming of neuroendocrine reproductive function

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    It is now well recognized that the gestational environment can have long-lasting effects not only on the life span and health span of an individual but also, through potential epigenetic changes, on future generations. This article reviews the “prenatal programming” of the neuroendocrine systems that regulate reproduction, with a specific focus on the lessons learned using ovine models. The review examines the critical roles played by steroids in normal reproductive development before considering the effects of prenatal exposure to exogenous steroid hormones including androgens and estrogens, the effects of maternal nutrition and stress during gestation, and the effects of exogenous chemicals such as alcohol and environment chemicals. In so doing, it becomes evident that, to maximize fitness, the regulation of reproduction has evolved to be responsive to many different internal and external cues and that the GnRH neurosecretory system expresses a degree of plasticity throughout life. During fetal life, however, the system is particularly sensitive to change and at this time, the GnRH neurosecretory system can be “shaped” both to achieve normal sexually differentiated function but also in ways that may adversely affect or even prevent “normal function”. The exact mechanisms through which these programmed changes are brought about remain largely uncharacterized but are likely to differ depending on the factor, the timing of exposure to that factor, and the species. It would appear, however, that some afferent systems to the GnRH neurons such as kisspeptin, may be critical in this regard as it would appear to be sensitive to a wide variety of factors that can program reproductive function. Finally, it has been noted that the prenatal programming of neuroendocrine reproductive function can be associated with epigenetic changes, which would suggest that in addition to direct effects on the exposed offspring, prenatal programming could have transgenerational effects on reproductive potential

    Plausibility under the Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017)

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    With the recent passage of the Defend Trade Secrets Act (DTSA), a federal civil cause of action for trade secret misappropriation is now available. To add some familiarity to the Act, the drafters incorporated definitions similar to those of the Uniform Trade Secrets Act (UTSA). However, even though the provisions may seem familiar, there is a new requirement that is not obvious on the face of the statute- the plausibility requirement for pleading under the federal rules. To understand plausibility; however, one must understand the DTSA. Unfortunately, there is no guidance from the DTSA that can aid interpretation of the statutory definitions for this purpose. Due to the similarities with the UTSA; however, there is some persuasive guidance in the UTSA comments and in federal cases applying state UTSAs. This article reviews these options as a means of navigating the federal plausibility requirement in DTSA actions

    The Principle of Subsidiarity as a Social and Political Principle in Catholic Social Teaching

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    The principle of subsidiarity is a multi-layered and flexible principle that can be utilised to empower, inform, enhance and reform scholarship in a range of significant areas, however, it has been somewhat overlooked in recent scholarship. In order to highlight the continued relevance and potential applications of the principle, this, the first of two papers, will provide a detailed analysis of the meaning and application of the principle of subsidiarity in Catholic social teaching. In doing so, the interplay of the principle of subsidiarity and other key principles of catholic social teaching such as dignity of the person, solidarity, and the common good will be highlighted. The second part of this paper discusses the political applications of the principle, including its ability to inform scholarship on the allocation of governmental powers (including federalism), democracy, and individual participation in government. This leads to a discussion in the second paper, of the Catholic aspects of subsidiarity in the governance of the European Union

    The Principle of Subsidiarity in European Union Law: Some Comparisons with Catholic Social Teaching

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    This paper is the second of two papers which examine the versatility of the principle of subsidiarity. The first paper explored the nature of the principle in Catholic social teaching as a moral and social principle and its potential application in the political sphere. This paper further explores the political application of the principle of subsidiarity through a discussion of its operation in the European Union, where it is embodied in article 5(3) of the Treaty on European Union. This paper discusses subsidiarity’s interpretation by the European Court of Justice as a political value judgement, rather than a legal principle. In its discussion of subsidiarity in the European Union, this paper draws some comparisons with the principle’s enunciation in Catholic social teaching. Together, these papers are intended to highlight the many facets of the principle of subsidiarity in order to promote its continued relevance and to promote further scholarship on subsidiarity

    Wrongs Committed During a Marriage: The Child that No Area of the Law Wants to Adoptt

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    Alzheimer’s Disease: More Than Just Memory Loss: An Awareness of the Disease and an Active Plan of Coping Strategies and Caregiving

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    Alzheimer’s Disease (AD) is a chronic neurodegenerative disease which leads to progressive mental deterioration that can occur in middle or old age. During the disease’s progression, various biochemical functions of the brain cells go astray and eventually lead to memory loss. What a lot of people do not always realize is the fact this disease goes beyond just losing memory. From my own observation as well as research studies, it has been noted that AD patients can experience sleep disruption, sundowning, speech decline, apraxia, agnosia, and behavioral changes such as depression and combativeness. As more of these signs and symptoms become evident to me, I conducted a plan as to how people who have loved ones with Alzheimer’s Disease can cope with them and those who experience the disease themselves can learn to improve everyday functions as the disease progresses. This thesis constitutes an awareness of all aspects of Alzheimer’s and a compilation of the best method for treatment and prevention

    Carcass characteristics of cattle differing in Jersey proportion

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    peer-reviewedComparison of alternative dairy (cross-)breeding programs requires full appraisals of all revenues and costs, including beef merit. Few studies exist on carcass characteristics of crossbred dairy progeny originating from dairy herds as well as their dams. The objective of the present study was to quantify, using a national database, the carcass characteristics of young animals and cows differing in their fraction of Jersey. The data set consisted of 117,593 young animals and 42,799 cows. The associations between a combination of sire and dam breed proportion (just animal breed proportion when the dependent variable was on cows) with age at slaughter (just for young animals), carcass weight, conformation, fat score, price per kilogram, and total carcass value were estimated using mixed models that accounted for covariances among herdmates of the same sex slaughtered in close proximity in time; we also accounted for age at slaughter in young animals (which was substituted with carcass weight and carcass fat score when the dependent variable was age at slaughter), animal sex, parity of the cow or dam (where relevant), and temporal effects represented by a year-by-month 2-way interaction. For young animals, the heaviest of the dairy carcasses were from the mating of a Holstein-Friesian dam and a Holstein-Friesian sire (323.34 kg), whereas the lightest carcasses were from the mating of a purebred Jersey dam to a purebred Jersey sire which were 46.31 kg lighter (standard error of the difference = 1.21 kg). The young animal carcass weight of an F1 Holstein-Friesian × Jersey cross was 20.4 to 27.0 kg less than that of a purebred Holstein-Friesian animal. The carcass conformation of a Holstein-Friesian young animal was 26% superior to that of a purebred Jersey, translating to a difference of 0.78 conformation units on a scale of 1 to 15. Purebred Holstein-Friesians produced carcasses with less fat than their purebred Jersey counterparts. The difference in carcass price per kilogram among the alternative sire-dam breed combinations investigated was minimal, although large differences existed among the different breed types for overall carcass value; the carcass value of a Holstein-Friesian animal was 20% greater than that of a Jersey animal. Purebred Jersey animals required, on average, 21 d longer to reach a given carcass weight and fat score relative to a purebred Holstein-Friesian. The difference in age at slaughter between a purebred Holstein-Friesian animal and the mating between a Holstein-Friesian sire with a Jersey dam, and vice versa, was between 7.0 and 8.9 d. A 75.8-kg difference in carcass weight existed between the carcass of a purebred Jersey cow and that of a Holstein-Friesian cow; a 50% Holstein–Friesian-50% Jersey cow had a carcass 42.0 kg lighter than that of a purebred Holstein-Friesian cow. Carcass conformation was superior in purebred Holstein-Friesian compared with purebred Jersey cows. Results from this study represent useful input parameters to populate simulation models of alternative breeding programs on dairy farms, and to help beef farmers evaluate the cost-benefit of rearing, for slaughter, animals differing in Jersey fraction.This publication arose from research supported in part by a research grant from Science Foundation Ireland (Dublin) and the Department of Agriculture, Food and Marine on behalf of the Government of Ireland under the Grant 16/RC/3835 (VistaMilk; Dublin, Ireland) as well as funding from the Research Stimulus Fund (BreedQuality and GREENBREED; Dublin, Ireland) and Meat Technology Ireland (MTI; Dublin, Ireland), a co-funded industry/Enterprise Ireland project (TC 2016 002)
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