The Australian Nonprofit Sector Legal Almanac 2015

Collected summaries of court cases involving nonprofit organisations, from Australia and overseas, during 2015, along with updates of legislative changes in all Australian jurisdictions. Significant Australian cases included several disputes with State Revenue Authorities about exemption from payroll taxes.

Keskeytyksiä elämässä : Naisten toimijuudet aborttikertomuksissa

The present study focuses on the question of agency in the narratives of women who have experienced an abortion. The study scrutinizes agency by analyzing narratives and their context, that is, how narratives are entwined with cultural discourses and societal practices. The study thus addresses also the wider framework within which experiences and actions can be constructed in abortion narratives in the contemporary Finnish society. The women who wrote their stories or were interviewed were of different ages and had different social and religious backgrounds. Many variations of agency were found when abortion experiences were analyzed through the women s embodied and historically specific accounts. Independent and rational choices are entwined with emotions and choices made together with other people. Intimate relationships with family and friends have an important role in the choices regarding abortion. These relationships do not, however, simply belong in the private sphere but reflect the wider socio-cultural meanings of social bonds and family ties. Women s agency with regard to abortion is also constructed in encounters with the medical profession and within the wider framework of abortion legislation. The Finnish legislation grants women an abortion within certain parameters but not solely on the basis of a woman s wish to have an abortion. The data consists primarily of written narratives and interviews. All together 39 women shared their experiences with the researcher. The analysis focuses on decision-making regarding abortion, depictions of freedom and responsibility, emotions around abortion and expressions of values and religious views. The links between the women's experiences and the wider socio-cultural norms and institutions are analyzed through materials consisting of public debate on abortion in the media, ethical statements as well as literature and legislation on abortion. The analysis sheds light on the tensions apparent in the women's narratives between the legal status of abortion and more traditional views on abortion. The study demonstrates that the freedom linked to abortion is not solely to do with the right to have an abortion but also how abortion can be experienced, understood and where one can talk about the experience afterwards. The analysis reveals that Christian values shape women's experiences but that there are also new religious ways to deal with the ethical considerations brought about by abortion. Annually over 10 000 Finnish women experience an abortion, which is a situation involving ethical considerations. The study provides a nuanced account of the ways in which one can think and act when going through an abortion.

Did bankruptcy reform lead to looser mortgage lending standard? : evidence from the U. S. mortgage market 2000-2007

Resumen: El presente trabajo intenta encontrar una causa exógena al deterioro, a partir de 2005, en los estándares de crédito hipotecario que contribuyeron a la crisis subprime en los Estados Unidos. Sostenemos que la nueva provisión de la prueba de medios de la ley Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) de 2005 fue dicho shock exógeno en el mercado hipotecario. Mostramos que la prueba de medios, que impide solicitar la bancarrota bajo Chapter 7 a los deudores con mayores ingresos relativos, causó un desplazamiento de la oferta de crédito hipotecario de deudores con mayores ingresos a deudores con menores ingresos relativos. Simultáneamente, observamos que todos los deudores debieron pagar tasas de interés más altas, independientemente del nivel de ingresos. Nuestros resultados implican que la ley BAPCPA podría ser un factor que contribuyó al deterioro en los estándares de crédito en el mercado hipotecario de los Estados Unidos.

Histórico, produção e aplicabilidade da Lei Maria da Penha - Lei nº 11.340/2006

A Lei nº 11.340/2006 - Lei Maria da Penha é resultado recente das lutas históricas do movimento feminista no Brasil. Este estudo, preliminarmente, analisa as conquistas constitucionais femininas, as leis de gênero brasileiras e os tratados internacionais ratificados pelo Brasil. Relata a cronologia do nascimento da norma, desde os fatos precedentes à sua confecção, como também a iniciativa do projeto de lei, a principal discussão realizada pela Câmara dos Deputados, por meio do Seminário Violência contra a Mulher: Um Ponto Final, os aspectos concernentes à tramitação, aprovação e a discriminação das principais propostas de alteração em tramitação no Congresso Nacional. Em que pese grande repercussão da lei em nível nacional, muitos são os problemas detectados acerca de sua aplicabilidade, gerando desafios a serem vencidos.

SAMUDRA Report, No. 48, November 2007

Misconceptions, Outright Prejudice - Fishing rights. The Dilemma of the Nile Perch - Africa: Ecolabelling. Fishing Safely - Analysis: Safety at Sea. Shoring Up - Labour: Shore-based Workers. A Sustainable, Equitable, Small-scale Fisheries - Document: Traditional Communities. Getting Their Act Together - India: Co-management. Certifying the Uncertifiable? - Report: Industrial Aquaculture. Shocking Reality - Cambodia: Electro-fishing. Be Consultative, Participatory - Document: Indigenous Peoples. Towing the Line - Peru: Artisanal Shark Fishery. Declaration of Charter. (56 pp.)

M/V ELPIS Coral Reef Restoration Monitoring Report Monitoring Events 2004-2007 Florida Keys National Marine Sanctuary, Monroe County, Florida

This document presents the results of the first three monitoring events to track the recovery of a repaired coral reef injured by the M/V Elpis vessel grounding incident of November 11, 1989. This grounding occurred within the boundaries of what at the time was designated the Key Largo National Marine Sanctuary (NMS), now designated the Key Largo NMS Existing Management Area within the Florida Keys National Marine Sanctuary (FKNMS). Pursuant to the National Marine Sanctuaries Act (NMSA) 16 U.S.C. 1431 et seq., and the Florida Keys National Marine Sanctuary and Protection Act (FKNMSPA) of 1990, NOAA is the federal trustee for the natural and cultural resources of the FKNMS. Under Section 312 of the NMSA, NOAA has the authority to recover monetary damages for injury, destruction, or loss of Sanctuary resources, and to use the recovered monies to restore injured or lost sanctuary resources within the FKNMS. The restoration monitoring program tracks patterns of biological recovery, determines the success of restoration measures, and assesses the resiliency to environmental and anthropogenic disturbances of the site over time. To evaluate restoration success, reference habitats adjacent to the restoration site are concurrently monitored to compare the condition of restored reef areas with natural coral reef areas unimpacted by the vessel grounding. Restoration of the site was completed September 1995, and thus far three monitoring events have occurred; one in the summer of 2004, one in the summer of 2005, and the latest in the summer of 2007. The monitoring in 2004 was in the nature of a “pilot project,” or proof of concept. Only the quantitative results of the 2005 and 2007 monitoring are presented and discussed. Monitoring has consisted of assessment of the structural stability of limestone boulders used in the restoration and comparison of the coral communities on the boulders and reference areas. Corals are divided into Gorgonians, Milleporans, and Scleractinians. Coral densities at the Restored and Reference areas for the 2005 and 2007 events are compared, and it is shown that the densities of all taxa in the Restored area are greater by 2007, though not significantly so. For the Scleractinians, number and percentage of colonies by species, as well as several common biodiversity indices are provided. The greater biodiversity of the Restored area is evidenced. Also, size-class frequency distributions for Agaricia spp. (Scleractinia) are presented. These demonstrate the approaching convergence of the Restored and Reference areas in this regard. An inter-annual comparison of densities, within both areas, for all three Orders, is presented. The most noteworthy finding was the relative consistency across time for all taxa in each area. Finally, certain anomalies regarding species settlement patterns are presented. (PDF contains 48 pages.)

Towed vehicles: undulating platforms as tools for maping coastal processes and water quality assessment, Seaside, California, February 5-7,2007. Workshop proceedings

The Alliance for Coastal Technologies (ACT) Workshop on Towed Vehicles: Undulating Platforms As Tools for Mapping Coastal Processes and Water Quality Assessment was convened February 5-7,2007 at The Embassy Suites Hotel, Seaside, California and sponsored by the ACT-Pacific Coast partnership at the Moss Landing Marine Laboratories (MLML). The TUV workshop was co-chaired by Richard Burt (Chelsea Technology Group) and Stewart Lamerdin (MLML Marine Operations). Invited participants were selected to provide a uniform representation of the academic researchers, private sector product developers, and existing and potential data product users from the resource management community to enable development of broad consensus opinions on the application of TUV platforms in coastal resource assessment and management. The workshop was organized to address recognized limitations of point-based monitoring programs, which, while providing valuable data, are incapable of describing the spatial heterogeneity and the extent of features distributed in the bulk solution. This is particularly true as surveys approach the coastal zone where tidal and estuarine influences result in spatially and temporally heterogeneous water masses and entrained biological components. Aerial or satellite based remote sensing can provide an assessment of the aerial extent of plumes and blooms, yet provide no information regarding the third dimension of these features. Towed vehicles offer a cost-effective solution to this problem by providing platforms, which can sample in the horizontal, vertical, and time-based domains. Towed undulating vehicles (henceforth TUVs) represent useful platforms for event-response characterization. This workshop reviewed the current status of towed vehicle technology focusing on limitations of depth, data telemetry, instrument power demands, and ship requirements in an attempt to identify means to incorporate such technology more routinely in monitoring and event-response programs. Specifically, the participants were charged to address the following: (1) Summarize the state of the art in TUV technologies; (2) Identify how TUV platforms are used and how they can assist coastal managers in fulfilling their regulatory and management responsibilities; (3) Identify barriers and challenges to the application of TUV technologies in management and research activities, and (4) Recommend a series of community actions to overcome identified barriers and challenges. A series of plenary presentation were provided to enhance subsequent breakout discussions by the participants. Dave Nelson (University of Rhode Island) provided extensive summaries and real-world assessment of the operational features of a variety of TUV platforms available in the UNOLs scientific fleet. Dr. Burke Hales (Oregon State University) described the modification of TUV to provide a novel sampling platform for high resolution mapping of chemical distributions in near real time. Dr. Sonia Batten (Sir Alister Hardy Foundation for Ocean Sciences) provided an overview on the deployment of specialized towed vehicles equipped with rugged continuous plankton recorders on ships of opportunity to obtain long-term, basin wide surveys of zooplankton community structure, enhancing our understanding of trends in secondary production in the upper ocean. [PDF contains 32 pages]

Underwater Passive Acoustic Monitoring for Remote Regions, Hawaii Institute of Marine Biology, Coconut Island, Hawaii, February 7-9, 2007: workshop proceedings

The Alliance for Coastal Technologies (ACT) convened a workshop, sponsored by the Hawaii-Pacific and Alaska Regional Partners, entitled Underwater Passive Acoustic Monitoring for Remote Regions at the Hawaii Institute of Marine Biology from February 7-9, 2007. The workshop was designed to summarize existing passive acoustic technologies and their uses, as well as to make strategic recommendations for future development and collaborative programs that use passive acoustic tools for scientific investigation and resource management. The workshop was attended by 29 people representing three sectors: research scientists, resource managers, and technology developers. The majority of passive acoustic tools are being developed by individual scientists for specific applications and few tools are available commercially. Most scientists are developing hydrophone-based systems to listen for species-specific information on fish or cetaceans; a few scientists are listening for biological indicators of ecosystem health. Resource managers are interested in passive acoustics primarily for vessel detection in remote protected areas and secondarily to obtain biological and ecological information. The military has been monitoring with hydrophones for decades;however, data and signal processing software has not been readily available to the scientific community, and future collaboration is greatly needed. The challenges that impede future development of passive acoustics are surmountable with greater collaboration. Hardware exists and is accessible; the limits are in the software and in the interpretation of sounds and their correlation with ecological events. Collaboration with the military and the private companies it contracts will assist scientists and managers with obtaining and developing software and data analysis tools. Collaborative proposals among scientists to receive larger pools of money for exploratory acoustic science will further develop the ability to correlate noise with ecological activities. The existing technologies and data analysis are adequate to meet resource managers' needs for vessel detection. However, collaboration is needed among resource managers to prepare large-scale programs that include centralized processing in an effort to address the lack of local capacity within management agencies to analyze and interpret the data. Workshop participants suggested that ACT might facilitate such collaborations through its website and by providing recommendations to key agencies and programs, such as DOD, NOAA, and I00s. There is a need to standardize data formats and archive acoustic environmental data at the national and international levels. Specifically, there is a need for local training and primers for public education, as well as by pilot demonstration projects, perhaps in conjunction with National Marine Sanctuaries. Passive acoustic technologies should be implemented immediately to address vessel monitoring needs. Ecological and health monitoring applications should be developed as vessel monitoring programs provide additional data and opportunities for more exploratory research. Passive acoustic monitoring should also be correlated with water quality monitoring to ease integration into long-term monitoring programs, such as the ocean observing systems. [PDF contains 52 pages]

Wave Sensor Technologies, St Petersburg, Florida, March 7-9, 2007: workshop proceedings

The Alliance for Coastal Technologies (ACT) convened a workshop on "Wave Sensor Technologies" in St. Petersburg, Florida on March 7-9, 2007, hosted by the University of South Florida (USF) College of Marine Science, an ACT partner institution. The primary objectives of this workshop were to: 1) define the present state of wave measurement technologies, 2) identify the major impediments to their advancement, and 3) make strategic recommendations for future development and on the necessary steps to integrate wave measurement sensors into operational coastal ocean observing systems. The participants were from various sectors, including research scientists, technology developers and industry providers, and technology users, such as operational coastal managers and coastal decision makers. Waves consistently are ranked as a critical variable for numerous coastal issues, from maritime transportation to beach erosion to habitat restoration. For the purposes of this workshop, the participants focused on measuring "wind waves" (i.e., waves on the water surface, generated by the wind, restored by gravity and existing between approximately 3 and 30-second periods), although it was recognized that a wide range of both forced and free waves exist on and in the oceans. Also, whereas the workshop put emphasis on the nearshore coastal component of wave measurements, the participants also stressed the importance of open ocean surface waves measurement. Wave sensor technologies that are presently available for both environments include bottom-mounted pressure gauges, surface following buoys, wave staffs, acoustic Doppler current profilers, and shore-based remote sensing radar instruments. One of the recurring themes of workshop discussions was the dichotomous nature of wave data users. The two separate groups, open ocean wave data users and the nearshore/coastal wave data users, have different requirements. Generally, the user requirements increase both in spatial/temporal resolution and precision as one moves closer to shore. Most ocean going mariners are adequately satisfied with measurements of wave period and height and a wave general direction. However, most coastal and nearshore users require at least the first five Fourier parameters ("First 5"): wave energy and the first four directional Fourier coefficients. Furthermore, wave research scientists would like sensors capable of providing measurements beyond the first four Fourier coefficients. It was debated whether or not high precision wave observations in one location can take the place of a less precise measurement at a different location. This could be accomplished by advancing wave models and using wave models to extend data to nearby areas. However, the consensus was that models are no substitution for in situ wave data.[PDF contains 26 pages]

Biological Platforms for Environmental Sensor technologies and their uses as indicators of the marine environment, Seward, Alaska, September 19-21, 2007: workshop proceedings

The Alliance for Coastal Technologies (ACT) Workshop entitled, "Biological Platforms as Sensor Technologies and their Use as Indicators for the Marine Environment" was held in Seward, Alaska, September 19 - 21,2007. The workshop was co-hosted by the University of Alaska Fairbanks (UAF) and the Alaska SeaLife Center (ASLC). The workshop was attended by 25 participants representing a wide range of research scientists, managers, and manufacturers who develop and deploy sensory equipment using aquatic vertebrates as the mode of transport. Eight recommendations were made by participants at the conclusion of the workshop and are presented here without prioritization: 1. Encourage research toward development of energy scavenging devices of suitable sizes for use in remote sensing packages attached to marine animals. 2. Encourage funding sources for development of new sensor technologies and animal-borne tags. 3. Develop animal-borne environmental sensor platforms that offer more combined systems and improved data recovery methodologies, and expand the geographic scope of complementary fixed sensor arrays. 4. Engage the oceanographic community by: a. Offering a mini workshop at an AGU ocean sciences conference for people interested in developing an ocean carbon program that utilizes animal-borne sensor technology. b. Outreach to chemical oceanographers. 5. Min v2d6.sheepserver.net e and merge technologies from other disciplines that may be applied to marine sensors (e.g. biomedical field). 6. Encourage the NOAA Permitting Office to: a. Make a more predictable, reliable, and consistent permitting system for using animal platforms. b. Establish an evaluation process. c. Adhere to established standards. 7. Promote the expanded use of calibrated hydrophones as part of existing animal platforms. 8. Encourage the Integrated Ocean Observing System (IOOS) to promote animal tracking as effective samplers of the marine environment, and use of animals as ocean sensor technology platforms. [PDF contains 20 pages]

State of Technology for In Situ Measures of Salinity Using Conductive Temperature Sensors, Savannah, Georgia, December 3-5, 2007: workshop proceedings

This Alliance for Coastal Technologies (ACT) workshop was convened to assess the availability and state of development of conductivity-temperature sensors that can meet the needs of coastal monitoring and management communities. Rased on the discussion, there are presently a number of commercial sensor options available, with a wide range of package configurations suitable for deployment in a range of coastal environments. However, some of the central questions posed in the workshop planning documents were left somewhat unresolved. The workshop description emphasized coastal management requirements and, in particular, whether less expensive, easily deployed, lower-resolution instruments might serve many management needs. While several participants expressed interest in this class of conductivity-temperature sensors, based on input from the manufacturers, it is not clear that simply relaxing the present level of resolution of existing instruments will result in instruments of significantly lower unit cost. Conductivity-temperature sensors are available near or under the $1,000 unit cost that was operationally defined at the workshop as a breakpoint for what might be considered to be a "low cost" sensor. For the manufacturers, a key consideration before undertaking the effort to develop lower cost sensors is whether there will be a significant market. In terms of defining "low cost," it was also emphasized that the "life cycle costs" for a given instrument must be considered (e.g., including personnel costs for deployment and maintenance). An adequate market survey to demonstrate likely applications and a viable market for lower cost sensors is needed. Another topic for the workshop was the introduction to the proposed ACT verification for conductivity-temperature sensors. Following a summary of the process as envisioned by ACT, initial feedback was solicited. Protocol development will be pursued further in a workshop involving ACT personnel and conductivity-temperature sensor manufacturers.[PDF contains 28 pages]

Ensino de História: entre análises e práticas em movimento

A aposta desta pesquisa é problematizar o ensino de História sob a perspectiva da invenção. Para tanto, utiliza-se o método da cartografia (PASSOS; KASTRUP; ESCÓSSIA, 2009) e a pesquisa intervenção (AGUIAR; ROCHA, 2007; LOURAU, 1993; PAULON, 2005). A ideia é colocar em análise práticas que envolvem o ensino de História, utilizando-se mapas e linhas forjadas por meio de oito cenas criadas no exercício docente de um professor.Conta-se também com importantes intercessores na composição deste trabalho, Foucault (2010), Rancière (2014; 2004) e DIAS (2011, 2012), entre outros, corroboram para movimentar o pensar que envolve as naturalizações pertinentes ao plano mapeado nesta dissertação. Há questões que movem estas páginas: como uma escrita imanente pode enunciar práticas que envolvem um ensino de História? Em que sentido um ato de ensino pode estar inscrito em um apriorismo utilitarista e capacitador? Quais são os cruzamentos existentes entre o ensinar História e a formação inventiva? Quais são as conversas que as cenas estabelecem entre o texto o as concepções pautadas na invenção? O mestre ignorante é um mestre inventivo? A noção do real pode emergir de uma outra noção que não seja binária ou dicotômica? Em que sentido a complexidade de um plano, em suas forças e atravessamentos incontáveis, podem auxiliar na análise de práticas concernentes à abordagem histórica em sala de aula? A preocupação aqui não é responder objetivamente estas perguntas; trata-se de forçar o pensamento a pensar. Mas pensar o quê? Talvez um outro possível, uma vereda talvez não muito usual para as conjecturas que envolvem o ensino de História. Contudo, vale salientar que não se encontra aqui um manual referencial para ajudar professores, longe disto, mas sim a narrativa de experiências forjadas entre a escola e esta pesquisa. Algo que pode vir a explicitar um novo campo visual e experiencial do ensinar História.