Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

Temporal dynamics of rabbit haemorrhagic disease virus infection in a low-density population of wild rabbits (Oryctolagus cuniculus) in New Zealand

A longitudinal capture-mark-recapture study was conducted to determine the temporal dynamics of rabbit haemorrhagic disease (RHD) in a European rabbit (Oryctolagus cuniculus) population of low to moderate density on sand-hill country in the lower North Island of New Zealand. A combination of sampling ( trapping and radio-tracking) and diagnostic (cELISA, PCR and isotype ELISA) methods was employed to obtain data weekly from May 1998 until June 2001. Although rabbit haemorrhagic disease virus ( RHDV) infection was detected in the study population in all 3 years, disease epidemics were evident only in the late summer or autumn months in 1999 and 2001. Overall, 20% of 385 samples obtained from adult animals older than 11 weeks were seropositive. An RHD outbreak in 1999 contributed to an estimated population decline of 26%. A second RHD epidemic in February 2001 was associated with a population decline of 52% over the subsequent month. Following the outbreaks, the seroprevalence in adult survivors was between 40% and 50%. During 2000, no deaths from RHDV were confirmed and mortalities were predominantly attributed to predation. Influx of seronegative immigrants was greatest in the 1999 and 2001 breeding seasons, and preceded the RHD epidemics in those years. Our data suggest that RHD epidemics require the population immunity level to fall below a threshold where propagation of infection can be maintained through the population.

N-type calcium channel blockers: Novel therapeutics for the treatment of pain

Highly selective Cav2.2 voltage-gated calcium channel (VGCC) inhibitors have emerged as a new class of therapeutics for the treatment of chronic and neuropathic pain. Cone snail venoms provided the first drug in class with FDA approval granted in 2005 to Prialt (ω-conotoxin MVIIA, Elan) for the treatment of neuropathic pain. Since this pioneering work, major efforts underway to develop alternative small molecule inhibitors of Cav2.2 calcium channel have met with varied success. This review focuses on the properties of the Cav2.2 calcium channel in different pain states, the action of ω-conotoxins GVIA, MVIIA and CVID, describing their structure-activity relationships and potential as leads for the design of improved Cav2.2 calcium channel therapeutics, and finally the development of small molecules for the treatment of chronic pain.

Ciguatera: Australian perspectives on a global problem

Ciguatera is a global disease caused by the consumption of certain warm-water fish that have accumulated orally effective levels of sodium channel activator toxins (ciguatoxins) through the marine food chain. Symptoms of ciguatera arising from the consumption of ciguateric fish include a range of gastrointestinal, neurological and cardiovascular disturbances. This review examines progress in our understanding of ciguatera from an Australian perspective, especially the laboratory-based research into the problem that was initiated by the late "Bob" Endean at the University of Queensland.

Teleportation via Multi-Qubit Channels

We investigate the problem of teleporting an unknown qubit state to a recipient via a channel of 2L qubits. In this procedure a protocol is employed whereby L Bell state measurements are made and information based on these measurements is sent via a classical channel to the recipient. Upon receiving this information the recipient determines a local gate which is used to recover the original state. We find that the 2(2L)-dimensional Hilbert space of states available for the channel admits a decomposition into four subspaces. Every state within a given subspace is a perfect channel, and each sequence of Bell measurements projects 2L qubits of the system into one of the four subspaces. As a result, only two bits of classical information need be sent to the recipient for them to determine the gate. We note some connections between these four subspaces and ground states of many-body Hamiltonian systems, and discuss the implications of these results towards understanding entanglement in multi-qubit systems.

Cyber-rigging click-through rates: Exploring the ethical dimensions

Click-through rate is considered a very important metric and a key performance indicator of the success of online advertising and is the most frequently used measure to gauge the effectiveness of banner advertising. Marketers also use click-through rates in arriving at performance measurement activities such as the calculation of 'customer life time value' and 'customer acquisition cost'. Click-through is the second most frequently used banner ad pricing method after cost per thousand impressions. Online advertising is facing a new form of challenge – the artificial inflation of click-through rates. We call this practice 'cyber-rigging'. The objective of this paper is to explore the ethical dimensions of cyber-rigging through application of ethical principles and theories.

Fighting fit: thermal plasticity of metabolic function and fighting success in the crayfish Cherax destructor

1. We examined the effect of thermal acclimation on fighting success and underlying performance traits in the crayfish Cherax destructor. We tested the hypothesis that animals will be more successful when fighting at their acclimation temperature than at a colder or warmer temperature, and that changes in metabolic capacity underlie differences in behavioural performance. 2. Thermal acclimation (to 20 degrees C and to 30 degrees C) had a significant effect on behavioural contests, and the likelihood of winning was significantly greater when individuals fought at their acclimation temperature against an individual from an alternate acclimation temperature. 3. The ratio of ADP stimulated respiration to proton leak (respiratory control ratio) of isolated mitochondria increased significantly in chelae muscle of the cold-acclimated group, and differences in respiratory control ratio between winners and losers were significantly correlated with the outcome of agonistic encounters. However, acclimation did not affect tall muscle mitochondria or the activity of pyruvate kinase in either chelae or tail muscle. 4. The force produced by closing chelae was thermally insensitive within acclimation groups, and there were no significant differences between acclimation treatments. None the less, differences in chelae width between contestants were significantly correlated with the outcome of agonistic encounters, but this perceived resource holding power did not reflect the actual power of force production. 5. Thermal acclimation in C destructor has beneficial consequences for dominance and competitive ability, and the success of cold acclimated animals at the cold temperatures can be at least partly explained by concomitant up-regulation of oxidative ATP production capacity.