Don't argue with the ref! - Legal liability for incorrect decisions of sports' officials

This paper continues the conversation from recent articles examining potential remedies available for incorrect decisions by sports officials. In particular, this article focuses on bringing an action against an official in negligence for pure economic loss. Using precedent cases, it determines that such an action would have a low chance of success, as a duty of care would be difficult to establish. Even if that could be overcome, an aggrieved player or team would still face further hurdles at the stages of breach, causation and defences. The article concludes by proposing some options to further reduce the small risk of liability to officials.

Australian Consumer Law Commentary and Materials [5th Ed.]

"The Australian Consumer Law came into operation on 1 January 2011 as a single national law. It replaced 17 different pieces of Commonwealth, State and Territory legislation relating to consumer protection. Its introduction meant that for the first time, consumers throughout Australia had the same rights and remedies and correspondingly, businesses had the same obligations and responsibilities towards consumers without the barrier of confusing and expensive local variations in the law. Australian Consumer Law: Commentary and Materials contains up-to-date material on the Australian Consumer Law, and in particular the fifth edition incorporates: a revised treatment of unconscionability, taking account of the changes to Part 2-2 of the ACL that became effective in 2012; other State and Federal provisions relating to unfair terms and cases such as Kakavas v Crown Melbourne, ACCC v Lux Distributors, Director of Consumer Affairs v Scully and PT Ltd v Spuds Surf; a comprehensive treatment of the impact of Google v ACCC, Forrest v ASIC and ACCC v TPG – the trilogy of decisions that provide the most recent insights into the High Court’s thinking on aspects of the prohibitions of misleading conduct in the ACL and the Corporations Act 2001; numerous decisions of note; and the possible impact of the Harper Review."--publisher website

Papaya as a Medicinal Plant

Papaya has been used medicinally to treat an extremely broad range of ailments including intestinal worms, dengue fever, diabetes, hypertension, wound repair, and as an abortion agent. Although papaya is most commonly consumed as a ripe fruit, the plant tissues used as curatives are mainly derived from the seeds, young leaves, latex, or green immature fruit. The agents responsible for action have not been conclusively identified for all uses, but there is increasing evidence that activity may be attributable to benzyl isothiocyanate (BITC) in the case of anthelmintic and abortifacient action, and to the protease papain, and possibly chymopapain, in relation to wound repair. The location of these compounds in papaya tissues is likely to explain why different tissues are used for different ailments. Seeds, young leaves, and latex are good sources of BITC and are consequently used as a curative for intestinal worms. Immature green fruit is a good source of protease and is used as a topical application for burn wounds to accelerate tissue repair. The type of papaya tissue used may therefore provide a clue as to the active agent in ailments where papaya extracts have exhibited some activity (diabetes, hypertension, dengue fever). However, the compound(s) responsible for action remains to be identified. Modes of action of papaya extracts vary, but may include lowering blood glucose levels (diabetes), vascular muscle relaxation (hypertension), increasing blood cell count (dengue fever), stimulation of cell proliferation (wound healing), spasmodic contraction of uterine muscles (abortion), and induction of phase 2 enzymes (cancer chemoprevention). Although there has been increased study over the last decade into the physiological mode of action of papaya extracts, further increase in the knowledge of the compounds responsible for curative action will help to transfer the use of papaya from folklore remedies to mainstream medicinal use.

Editorial of "International Journal of Critical Indigenous Studies Volume 4, Number 2, 2011"

This special edition of the International Journal of Critical Indigenous Studies focuses upon the work scholars within the growing discipline of Aboriginal and Torres Strait Islander health studies. The lamentable state of Indigenous health in Australia is reflected in Indigenous populations elsewhere, especially where settler colonialism has left an indelible mark. This special edition therefore speaks to where Indigenous health outcomes and the efficacy of remedies are causing concern. Common to all is the demand that Indigenous people are placed front and centre of all attempts to improve health outcomes and that improvements are sought in culturally sensitive ways. Terry Dunbar presents findings from a research study that set out to investigate the Indigenous experiences of health and family services in the Northern Territory, Australia. The study asserts that cultural security is an integral and vital element of any policy that will impact upon Indigenous peoples. Dunbar concludes by arguing that in seeking positive change with regard to cultural security or otherwise, the most vociferous champions of that change are likely to be the Aboriginal communities affected. The article by Bronwyn Fredericks, Karen Adams, Sandra Angus and Melissa Walker also highlights the need to involve Aboriginal and Torres Strait Islander people, in this case women, in the design and development of strategies affecting their lives. Utilising routine communication methods such the ‘talking circle’ and the process referred to as ‘talkin’ up’, where women ‘talk back’ to one another about issues of personal importance, the article argues that the health strategy which emerged through these consultation approaches was more accurately informed by and responsive to women’s health need. Indeed, the resulting strategy reflected the women’s sense of themselves and the clear direction they felt their health services and polices should take.

Private power and new media: The case of the corporate suppression of WikiLeaks and its implications for the exercise of fundamental rights on the internet

Globalization, along with its digital and information communication technology counterparts, including the Internet and cyberspace, may signify a whole new era for human rights, characterized by new tensions, challenges, and risks for human rights, as well as new opportunities. Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies explores the emergence and evolution of ‘digital’ rights that challenge and transform more traditional legal, political, and historical understandings of human rights. Academic and legal scholars will explore individual, national, and international democratic dilemmas--sparked by economic and environmental crises, media culture, data collection, privatization, surveillance, and security--that alter the way individuals and societies think about, regulate, and protect rights when faced with new challenges and threats. The book not only uncovers emerging changes in discussions of human rights, it proposes legal remedies and public policies to mitigate the challenges posed by new technologies and globalization.

Internet privatization, WikiLeaks, and free expression

In late 2010, the online nonprofit media organization WikiLeaks published classified documents detailing correspondence between the U.S. State Department and its diplomatic missions around the world, numbering around 250,000 cables. These diplomatic cables contained classified information with comments on world leaders, foreign states, and various international and domestic issues. Negative reactions to the publication of these cables came from both the U.S. political class (which was generally condemnatory of WikiLeaks, invoking national security concerns and the jeopardizing of U.S. interests abroad) and the corporate world, with various companies ceasing to continue to provide services to WikiLeaks despite no legal measure (e.g., a court injunction) forcing them to do so. This article focuses on the legal remedies available to WikiLeaks against this corporate suppression of its speech in the U.S. and Europe since these are the two principle arenas in which the actors concerned are operating. The transatlantic legal protection of free expression will be considered, yet, as will be explained in greater detail, the legal conception of this constitutional and fundamental right comes from a time when the state posed the greater threat to freedom. As a result, it is not generally enforceable against private, non-state entities interfering with speech and expression which is the case here. Other areas of law, namely antitrust/competition, contract and tort will then be examined to determine whether WikiLeaks and its partners can attempt to enforce their right indirectly through these other means. Finally, there will be some concluding thoughts about the implications of the corporate response to the WikiLeaks embassy cables leak for freedom of expression online.

On global solar dynamo simulations

Global dynamo simulations solving the equations of magnetohydrodynamics (MHD) have been a tool of astrophysicists who try to understand the magnetism of the Sun for several decades now. During recent years many fundamental issues in dynamo theory have been studied in detail by means of local numerical simulations that simplify the problem and allow the study of physical effects in isolation. Global simulations, however, continue to suffer from the age-old problem of too low spatial resolution, leading to much lower Reynolds numbers and scale separation than in the Sun. Reproducing the internal rotation of the Sun, which plays a crucual role in the dynamo process, has also turned out to be a very difficult problem. In the present paper the current status of global dynamo simulations of the Sun is reviewed. Emphasis is put on efforts to understand how the large-scale magnetic fields, i.e. whose length scale is greater than the scale of turbulence, are generated in the Sun. Some lessons from mean-field theory and local simulations are reviewed and their possible implications to the global models are discussed. Possible remedies to some of the current issues of the solar simulations are put forward.

Ethnobotany of the Monpa ethnic group at Arunachal Pradesh, India

Background: The present paper documents the uses of plants in traditional herbal medicine for human and veterinary ailments, and those used for dietary supplements, religious purpose, local beverage, and plants used to poison fish and wild animals. Traditional botanical medicine is the primary mode of healthcare for most of the rural population in Arunachal Pradesh. Materials and methods: Field research was conducted between April 2006 and March 2009 with randomly selected 124 key informants using semi-structured questionnaire. The data obtained was analyzed through informant consensus factor (F(IC)) to determine the homogeneity of informant's knowledge on medicinal plants. Results: We documented 50 plants species belonging to 29 families used for treating 22 human and 4 veterinary ailments. Of the medicinal plants reported, the most common growth form was herbs (40%) followed by shrubs, trees, and climbers. Leaves were most frequently used plant parts. The consensus analysis revealed that the dermatological ailments have the highest F(IC) (0.56) and the gastro-intestinal diseases have F(IC) (0.43). F(IC) values indicated that there was high agreement in the use of plants in dermatological and gastro-intestinal ailments category among the users. Gymnocladus assamicus is a critically rare and endangered species used as disinfectant for cleaning wounds and parasites like leeches and lice on livestocks. Two plant species (Illicium griffithii and Rubia cordifolia) are commonly used for traditional dyeing of clothes and food items. Some of the edible plants recorded in this study were known for their treatment against high blood pressure (Clerodendron colebrookianum), diabetes mellitus (Momordica charantia), and intestinal parasitic worms like round and tape worms (Lindera neesiana, Solanum etiopicum, and Solanum indicum). The Monpas of Arunachal Pradesh have traditionally been using Daphne papyracea for preparing hand-made paper for painting and writing religious scripts in Buddhist monasteries. Three plant species (Derris scandens, Aesculus assamica, and Polygonum hydropiper) were frequently used to poison fish during the month of June-July every year and the underground tuber of Aconitum ferrox is widely used in arrow poisoning to kill ferocious animals like bear, wild pigs, gaur and deer. The most frequently cited plant species; Buddleja asiatica and Hedyotis scandens were used as common growth supplements during the preparation of fermentation starter cultures. Conclusion: The traditional pharmacopoeia of the Monpa ethnic group incorporates a myriad of diverse botanical flora. Traditional knowledge of the remedies is passed down through oral traditions without any written document. This traditional knowledge is however, currently threatened mainly due to acculturation and deforestation due to continuing traditional shifting cultivation. This study reveals that the rural populations in Arunachal Pradesh have a rich knowledge of forest-based natural resources and consumption of wild edible plants is still an integral part of their socio-cultural life. Findings of this documentation study can be used as an ethnopharmacological basis for selecting plants for future phytochemical and pharmaceutical studies.

An inventory of the ethnobotanicals used as anti-diabetic by a rural community of Dhemaji district of Assam, Northeast India

Ethnopharmacological relevance: Traditional remedies used for treating diabetic ailments are very important in the primary health care of the people living in rural Dhemaji district of Assam, north-east India. Novel information gathered from the current survey is important in preserving folk indigenous knowledge. Materials and methods: Interviews were conducted amongst 80 households comprising of 240 individuals using semi-structured questionnaires. The focus was on plants used in treating diabetes mellitus. Results: The current survey documented 21 plant species (20 families) which are reportedly used to treat diabetes mellitus by the rural people in the study area. To the best of our knowledge, Amomum linguiforme, Cinnamomum impressinervium, Colocasia esculenta, Dillenia indica, Euphorbia ligularia, Garcinia pedunculata, Solanum indicum, Sterculia villosa and Tabernaemontana divaricata are recorded for the first time based on globally published literature as medicinal plants used for treating diabetes mellitus and related symptoms. Conclusions: The wide variety of plants that are used to treat diabetes mellitus in this area supports the traditional value that medicinal plants have in the primary health care system of the rural people of Dhemaji district of Assam. The finding of new plant uses in the current study reveals the importance of the documentation of such ethnobotanical knowledge. (C) 2011 Elsevier Ireland Ltd. All rights reserved.

Mixed finite elements for electromagnetic analysis

The occurrence of spurious solutions is a well-known limitation of the standard nodal finite element method when applied to electromagnetic problems. The two commonly used remedies that are used to address this problem are (i) The addition of a penalty term with the penalty factor based on the local dielectric constant, and which reduces to a Helmholtz form on homogeneous domains (regularized formulation); (ii) A formulation based on a vector and a scalar potential. Both these strategies have some shortcomings. The penalty method does not completely get rid of the spurious modes, and both methods are incapable of predicting singular eigenvalues in non-convex domains. Some non-zero spurious eigenvalues are also predicted by these methods on non-convex domains. In this work, we develop mixed finite element formulations which predict the eigenfrequencies (including their multiplicities) accurately, even for nonconvex domains. The main feature of the proposed mixed finite element formulation is that no ad-hoc terms are added to the formulation as in the penalty formulation, and the improvement is achieved purely by an appropriate choice of finite element spaces for the different variables. We show that the formulation works even for inhomogeneous domains where `double noding' is used to enforce the appropriate continuity requirements at an interface. For two-dimensional problems, the shape of the domain can be arbitrary, while for the three-dimensional ones, with our current formulation, only regular domains (which can be nonconvex) can be modeled. Since eigenfrequencies are modeled accurately, these elements also yield accurate results for driven problems. (C) 2014 Elsevier Ltd. All rights reserved.

Synthesis of Eu3+-activated BiOF and BiOBr phosphors: photoluminescence, Judd-Ofelt analysis and photocatalytic properties

A series of Bi1-xEuxOX (X = F and Br; x = 0, 0.01, 0.03 and 0.05) phosphors were synthesized at relatively low temperature and short duration (500 degrees C, 1 h). Rietveld refinement results verified that all the compounds were crystallized in the tetragonal structure with space group P4/nmm (no. 129). Photoluminescence spectra exhibit characteristic luminescence D-5(0) -> F-7(J) (J = 0-4) intra-4f shell Eu3+ ion transitions. The magnetic dipole (D-5(0) -> F-7(1)) transition dominates the emission of BiOF:Eu3+, while the electric dipole (D-5(0) -> F-7(2)) peak was stronger in BiOBr:Eu3+ phosphors. The evaluated CIE color coordinates for Bi0.95Eu0.05OBr (0.632, 0.358) are close to the commercial Y2O3:Eu3+ (0.645, 0.347) and Y2O2S:Eu3+ (0.647, 0.343) red phosphors. Intensity parameters (Omega(2), Omega(4)) and various radiative properties such as transition rates (A), branching ratios (beta), stimulated emission cross-section (sigma(e)), gain bandwidth (sigma(e) x Delta lambda(eff)) and optical gain (sigma(e) x tau) were calculated using the Judd-Ofelt theory. It was observed that BiOBr:Eu3+ phosphors have a long lifetime (tau) and better optical gain (sigma(e) x tau) as compared to reported Eu3+ doped materials. Furthermore, these compounds exhibit excellent photocatalytic activity for the degradation of rhodamine B dye under visible light irradiation. The determined radiative properties and photocatalytic results revealed that BiOBr:Eu3+ phosphors have potential applications in energy and environmental remedies, such as to develop red phosphors for white light-emitting diodes, red lasers and to remove toxic organic industrial effluents.

Medida provisória na Constituição de 1988 e a necessidade de sua limitação

As medidas provisórias passaram a integrar o processo legislativo brasileiro com o advento da Constituição de 1988. A previsão inicial das medidas provisórias no art. 62 da Constituição Federal foi se tornando insatisfatória por deficiências oriundas dos pressupostos de relevância e urgência, em razão dos mesmos terem sido aferidos como muito genéricos ou subjetivos, o que acarretou sua demasiada edição. Com o intuito de restringir o poder do chefe do Executivo, foi aprovada, a Emenda Constitucional n. 32/2002, regulamentada pela Resolução 01/2002 do Congresso Nacional. Há consenso geral sobre a afronta estabelecida ao processo legislativo em função da perda de competência do Congresso derivada da excessiva edição de medidas provisórias, sendo necessário limitar essa prejudicial atuação executiva que tem estabelecido o trancamento de pauta constante nas votações no Parlamento.

Estudo do impacto do descarte dos comprimidos de captopril no meio ambiente

O Captopril é um dos medicamentos anti-hipertensivos mais consumidos no Brasil. Constitui-se em um pó cristalino, branco ou levemente amarelado, com leve odor característico de sulfeto, facilmente solúvel em água, etanol, clorofórmio e metanol. Em soluções aquosas, o captopril sofre reação de oxidação, formando em quantidade crescente como produto de degradação o dímero dissulfeto de captopril. Além disso, no período de 24 horas, mais de 95% da dose absorvida é eliminada pela urina, sendo 40 a 50% na forma inalterada, e o restante na forma do dímero dissulfeto de captopril e de outros metabólitos, os quais são encaminhados para o esgoto, podendo assim atingir os corpos dágua. O presente trabalho foi planejado de maneira a estudar o impacto e o comportamento do medicamento e do seu produto de degradação em águas ambientais. Para isso, foi feita a validação do método analítico escolhido, cromatografia líquida de alta eficiência, que foi a ferramenta adequada para garantir a confiabilidade dos dados analíticos do método. Foi monitorada também a estabilidade do fármaco na forma de comprimidos e em solução aquosa, ao longo de 144 dias. Os resultados mostraram que quando os comprimidos de captopril são armazenados em sua embalagem original, nesse caso blister, a uma temperatura controlada igual a 40o C e umidade controlada igual a 75 %, eles permaneceram estáveis. A concentração de captopril apresentou uma média igual a 97,4 %. Por outro lado, quando diluído e armazenado nas mesmas condições de temperatura e umidade citadas anteriormente para a obtenção de uma solução aquosa na concentração igual a 1 mg/mL, a substância captopril chegou a variar de 95,7% a 68,5%. Já o seu produto de degradação, dissulfeto de captopril, atingiu um aumento na concentração de 1,7 para 31,1%, ambos em 144 dias

The Origins and Early History of the Steamer Albatross, 1880–18

Spencer Fullerton Baird (Fig. 1), a noted systematic zoologist and builder of scientific institutions in 19th century America, persuaded the U.S. Congress to establish the United States Commission of Fish and Fisheries1 in March 1871. At that time, Baird was Assistant Secretary of the Smithsonian Institution. Following the death of Joseph Henry in 1878, he became head of the institution, a position he held until his own demise in 1887. In addition to his many duties as a Smithsonian official, including his prominent role in developing the Smithsonian’s Federally funded National Museum as the repository for governmental scientific collections, Baird directed the Fish Commission from 1871 until 1887. The Fish Commission’s original mission was to determine the reasons and remedies for the apparent decline of American fisheries off southern New England as well as other parts of the United States. In 1872, Congress further directed the Commission to begin a large fish hatching program aimed at increasing the supply of American food f

Da inconstitucionalidade por omissão ao Estado de coisas inconstitucional

A omissão inconstitucional é um tema desafiador. Este trabalho é dedicado a revisar os pressupostos de sua configuração, buscando explicar a possibilidade de a omissão implicar um estado de coisas inconstitucional. Presente violação massiva de direitos fundamentais decorrente de omissões caracterizadas como falhas estruturais, a Corte Constitucional colombiana declara a vigência de um estado de coisas inconstitucional. Ao assim decidir, a Corte passa a adotar remédios estruturais dirigidos a superar esse quadro negativo. Defendo aqui essa proposta como uma possibilidade para o Brasil e a atuação do Supremo Tribunal Federal. Trata-se, sem dúvida, de exemplo de ativismo judicial em sua dimensão estrutural. Todavia, esse comportamento judicial pode ser legítimo se presentes os pressupostos próprios do estado de coisas inconstitucional e o Tribunal formular decisões flexíveis, determinando a formulação e implementação de políticas públicas, mas deixando aos poderes políticos a tarefa de definir o conteúdo e os meios dessas políticas. O sistema carcerário brasileiro é exemplo de um estado de coisas inconstitucional que requer intervenção judicial da espécie.