Who gets the cats...you or me? Analyzing contact and residence issues regarding pets upon divorce or separation

Mills and Akers outline the statistical incidence of pet ownership and people's need for domestic pets, discuss ownership or property rights in domestic pets, outline the criteria used by the courts when ruling on implied contact and residence rights regarding domestic pets upon the irretrievable breakdown between the "owners" of the particular pets, and highlight both the shortcomings in the existing law and possible means of overcoming those shortcomings.

Review : ABA techshow

The American Bar Association Technology show the largest tech show for the legal profession was held over three days and divided into ten sections - general, solo and small firms - strategies - collaboration/nets - Security - in-house and government lawyers - my favourite tools - litigation - enterprise - ethical challenges.

Exodus of 'mineral rights' from the South African Mineral Law

Transformation of the mineral law system as part of the new political  dispensation in South Africa has long been foreseen. Subsequent to a Green and White Paper, as policy documents, the Department of Minerals and Energy published a Mineral Development Draft 8il12000 for public comment. This eventually culminated in the acceptance by Parliament of the Minerals and Petroleum Resources Development Act 28 of 2002, which came into operation on 1 May 2004. The Act will transform thE! mineral law system and the mining industry in" general. In this article the phaSing-out by the Act of the historical notion of 'mineral right' is examined. It is argue..d that the Act will lead to an exodus of the notion of mineral rights and will replace It with less secure prospecting rights and mining rights which, albeit real in nature, will depend on compliance with provisions of the Act and the exercise of discre.Von by the Minister.

Sui Generis protection for plant varieties and traditional knowledge in biodiversity and agriculture : the international framework and national approaches in the Philippines and India

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The Philippine legislation attempts a ‘bottom-up’ approach focusing on the holistic perceptions of indigenous communities, whereas national economic interests thus far receive priority in India’s more centralist approach. Administrative decentralisation, recognition of customary rights, disclosure requirements, registers of landraces and geographical indications are discussed as additional measures, but their implementation is equally challenging. The article concludes that many of the concepts remain contested and that governments have to balance the new commercial incentives with the biodiversity considerations that led to their introduction, so that the system can be made sufficiently attractive for both knowledge holders and potential users of the knowledge.

A basis for association? The role of third sector welfare organisations

The paper considers questions of the nature, extent and role of the third sector in the development of welfare strategies in Australia. Based upon both qualitative and quantitative data, a typology of third sector welfare  organisations is discussed together with the identification of current operational models of welfare: charity; activism; welfare state industry and market. The organisational types of third sector welfare organisations in Australia are outlined and the field characterised as being large, diverse and growing. The paper reflects on the claims that the third sector provides a site for the establishment of active, pluralistic forms of welfare. Le papier considè re des questions de la nature, de l'ampleur et du rôle du troisième secteur dans le dèveloppement des stratègies d'assistance sociale en Australie. Basè acute sur des donnèes qualitatives et quantitatives, une typologie des troisième organismes d'assistance sociale de secteur est discuteè ainsi que l'identification des modèles opèrationnels actuels du bien-ètre: charitè; activisme; industrie et marchè d'ètat providence. Les types d'organisation de troisième organismes d'assistance sociale de secteur en Australie sont tracès les grandes lignes et la zone sont caractè risèes en tant qu'èacutetant grande, diverse et la croissance. Le papier rèflèchit sur les rèclamations que le troisième secteur fournit un site pour l'etablissement des formes actives et pluralistes du bien-èt re

Steric control over molecular structure and supramolecular association exerted by tin- and ligand-bound groups in diorganotin carboxylates

Structural data (X-ray and solution and solid-state ^₁₁₉Sn NMR) show that skew-trapezoidal-bipyramidal diorganotin compounds of 2-quinaldate are invariably monomeric, owing to the steric bulk of the carboxylate ligand. In contrast, most of the analogous compounds of 2-picolinate (2-pic) can increase their coordination number by polymerization or the incorporation of solvent in their coordination sphere in the solid state. The exceptional compound is tBu₂Sn(2-pic)₂ (3), for which no increase in coordination number is apparent, a result that is correlated with the bulky tert-butyl groups. Thus, judicious choice of tin or ligand substituents can be exploited to dictate coordination number and/or the degree of supramolecular aggregation in the investigated systems.

Hydrolysis of dinuclear spacer-bridged diorganotin(IV) triflates. A novel cationic double ladder with supramolecular association

A series of oligomethylene-bridged diorganotin triflates R(OTf)₂Sn(CH₂)_nSn(OTf)₂R (R = CH₂SiMe₃; n = 3, 4, 8, 10) were synthesized by reaction of triflic acid with the precursor oxides R(O)Sn(CH₂)_nSn(O)R. On the basis of ¹¹⁹Sn NMR (in acetonitrile) the triflates appear to be the simple six-coordinated ionic species [(MeCN)₄(RSn(CH₂)_nSnR)(MeCN)₄]²⁺. These triflates readily undergo hydrolysis to give products, the identity of which depends on the length of the oligomethylene bridge. For n = 3 (5), the solid-state structure shows association of two dimeric units, which results in a tetracationic double ladder. Extensive hydrogen bonding gives rise to a supramolecular association. Solution ¹¹⁹Sn NMR and ES MS suggest some dissociation of 5 into dimers containing four tin atoms and possibly monomers containing two tin atoms. A rudimentary solid-state structure for n = 4 (6) indicates a linear polymer based on dimeric (four tin atoms) units. The structure of 6 also features extensive hydrogen bonding, this time effectively giving rise to alternating layers of cations and anions.

Association of genetic vatiation within UBL5 with phenotypes of metabolic syndrome

The BEACON gene was initially identified using the differential display polymerase chain reaction on hypothalamic mRNA samples collected from lean and obese Psammomys obesus, a polygenic animal model of obesity. Hypothalamic BEACON gene expression was positively correlated with percentage of body fat, and intracerebroventricular infusion of the Beacon protein resulted in a dose-dependent increase in food intake and body weight. The human homolog of BEACON, UBL5, is located on chromosome 19p in a region previously linked to quantitative traits related to obesity. Our previous studies showed a statistically significant association between UBL5 sequence variation and several obesity- and diabetes-related quantitative physiological measures in Asian Indian and Micronesian cohorts. Here we undertake a replication study in a Mexican American cohort where the original linkage signal was first detected. We exhaustively resequenced the complete gene plus the putative promoter region for genetic variation in 55 individuals and identified five single nucleotide polymorphisms (SNPs), one of which was novel. These SNPs were genotyped in a Mexican American cohort of 900 individuals from 40 families. Using a quantitative trait linkage disequilibrium test, we found significant associations between UBL5 genetic variants and waist-to-hip ratio (p = 0.027), and the circulating concentrations of insulin (p = 0.018) and total cholesterol (p = 0.023) in fasted individuals. These data are consistent with our earlier published studies and further support a functional role for the UBL5 gene in influencing physiological traits that underpin the development of metabolic syndrome.

Australia's residential building faults : a view from the state of Victoria

Presented is an examination of residential building faults in the Australian Slate of Victoria. The aim is to determine the interconnections between identified main house faults., with a view to establishing their cause· effect relationships. A total of 42753 residential houses in Victoria were examined for nine key faults fully documented in Archicentre's database. These faults are: rising damp. framing fault, illegal building, stump fault, timber rot, cracking, electrical fault, roof fault and water supply issue. Second to framing fault, roof fault was found to be closely associated with other house faults examined. Hence, this paper concludes that a properly framed and roofed house could limit most of these faults. As illegal building was observed to have only a little overall association with other house faults, this study has implications for the Australia Productivity Commission's on-going efforts to deregulate various aspects of the building and construction industry professions.

Rates of student-reported antisocial behavior, school suspensions, and arrests in Victoria, Australia and Washington State, United States

Background: Few methodologically rigorous international comparisons of student-reported antisocial behavior have been conducted. This paper examines whether there are differences in the frequency of both antisocial behavior and societal responses to antisocial behavior in Victoria, Australia and Washington State, United States. These 2 states were chosen due to their similarities on sociodemographic characteristics and their differences in policy frameworks around problem behavior including antisocial behavior and substance use.

Methods: State representative samples of students (N = 5769) in school grades 5, 7, and 9 in Victoria and Washington State completed a modified version of the Communities That Care self-report survey of behavior and societal responses to behavior. Chi-square analyses compared frequencies of antisocial behavior, school suspensions, and police arrests in the 2 states. Multivariate logistic regression analyses were conducted for each outcome measure to examine the effect of state, controlling for sample design, clustering of students within schools, age, socioeconomic status, and urbanicity.

Results: Few state differences in student-reported antisocial behavior were found, although frequencies varied across behavior type and grade level. Differences in societal responses were observed across grade levels with grade 5 Washington students reporting higher rates of school suspension. Older Washington students reported more arrests.

Conclusions: Rates of student antisocial behavior appear similar in these 2 states in Australia and the United States. However, youth in the United States relative to Australia may experience greater societal consequences for problem behavior. Further research is required to examine the impact of these consequences on subsequent behavior.