Assessment of damages for wrongful birth and consolidation in advance care directives

The recent decision of Waller v James involved a claim by the plaintiff parents for damages for wrongful birth against the defendant doctor, Dr James, a gynaecologist with a practice in infertility and IVF procedures, who had been consulted by the plaintiffs. The second plaintiff, Mr Waller suffered an inherited anti-thrombin deficiency (ATD), a condition which results in a propensity for the blood to clot, at least in adults. Dr James subsequently recommended IVF treatment. The first plaintiff, Mrs Waller became pregnant after the first cycle of IVF treatment. Her son Keeden was born on 10 August 2000 with a genetic anti-thrombin deficiency. Keeden was released from hospital on 14 August 2000. However, he was brought back to the hospital the next day with cerebral thrombosis (CSVT). As a result of the thrombosis, he suffered permanent brain damage, cerebral palsy and related disabilities. The plaintiffs alleged that the defendant was in breach of contract and his common law duty of care to the plaintiffs in failing to inform them, or cause them to be informed, of the hereditary aspects of ATD. They further alleged that, had they been properly informed, they would not have proceeded to conceive a child using the male plaintiff’s sperm and therefore avoided the harm that had befallen them. The plaintiffs claimed damages to compensate them for their losses, including psychiatric and physical injuries and the costs of having, raising and caring for Keeden. The defendant was held to be not liable in negligence by Justice Hislop of the Supreme Court of New South Wales because a finding was made on medical causation which was adverse to the plaintiffs claim.

Gene expression analysis of diagnostic biopsies predicts pathological response to neoadjuvant chemoradiotherapy of esophageal cancer

OBJECTIVE: This study explored gene expression differences in predicting response to chemoradiotherapy in esophageal cancer. PURPOSE:: A major pathological response to neoadjuvant chemoradiation is observed in about 40% of esophageal cancer patients and is associated with favorable outcomes. However, patients with tumors of similar histology, differentiation, and stage can have vastly different responses to the same neoadjuvant therapy. This dichotomy may be due to differences in the molecular genetic environment of the tumor cells. BACKGROUND DATA: Diagnostic biopsies were obtained from a training cohort of esophageal cancer patients (13), and extracted RNA was hybridized to genome expression microarrays. The resulting gene expression data was verified by qRT-PCR. In a larger, independent validation cohort (27), we examined differential gene expression by qRT-PCR. The ability of differentially-regulated genes to predict response to therapy was assessed in a multivariate leave-one-out cross-validation model. RESULTS: Although 411 genes were differentially expressed between normal and tumor tissue, only 103 genes were altered between responder and non-responder tumor; and 67 genes differentially expressed >2-fold. These included genes previously reported in esophageal cancer and a number of novel genes. In the validation cohort, 8 of 12 selected genes were significantly different between the response groups. In the predictive model, 5 of 8 genes could predict response to therapy with 95% accuracy in a subset (74%) of patients. CONCLUSIONS: This study has identified a gene microarray pattern and a set of genes associated with response to neoadjuvant chemoradiation in esophageal cancer. The potential of these genes as biomarkers of response to treatment warrants further investigation. Copyright © 2009 by Lippincott Williams & Wilkins.

Re-presenting the past : authenticity and the historical novel

This project involved writing Turrwan (great man), a novel set in Queensland in the nineteenth century, and an investigation into the way historical novels portray the past. Turrwan tells the story of Tom Petrie, who was six when he arrived with his family at the notorious Moreton Bay Penal Colony in 1837. The thesis examines historical fiction as a genre with particular focus on notions of historical authenticity. It analyses the complexities involved in a non-Indigenous person writing about the Australian Aboriginal people, and reflects on the process of researching, planning and writing a historical novel.

Graphic death in the news media : present or absent?

The debate over the absence or presence of death in public discourse has dominated death studies for some time. While the argument that death had been removed from public discourse and only existed in the private realm dominated at first, in recent years scholars have come to accept that death has moved back into public discourse. An important aspect has been the role played by the mass media. However, there has been little empirical research as to what level of death is actually visible, for example in terms of photographs. To this end, this paper examines how two German and two Australian newspapers cover death in terms of graphic photographs. By examining the number and types of photographs published during a 2-month timeframe, as well as through in-depth interviews with journalists, this paper argues that visible death is still largely absent from public discourse. Importantly, there exist differences as to what level of graphic death is acceptable between individual newspapers, as well as countries, supporting the argument that the absence/presence of death dichotomy needs to be viewed in a much more complex light.

Prison rates, social democracy, neoliberalism and justice reinvestment

This chapter will begin with a brief summary of some recent research in the field of comparative penology. This work will be examined to explore the benefits, difficulties and limits of attempting to link criminal justice issues to types of advanced democratic polities, with particular emphasis on political economies. This stream of comparative penology examines data such as imprisonment rates and levels of punitiveness in different countries, before drawing conclusions based on the patterns which seem to emerge. Foremost among these is that the high imprisoning countries tend to be the advanced western liberal democracies which have gone furthest in adopting neoliberal economic and social policies, as against the lower imprisonment rates of social democracies, which variably have attempted to temper free-market economic policies in various ways. Such work brings both social democracy and neoliberalism into focus as issues for, or subjects of, criminology. Not in the sense of new ‘brands’ of criminology but rather as an examination of the connections between the political projects of social democracy and neoliberalism, and issues of crime and criminal justice. In the new comparative penology, social democracy and neoliberalism are cast in opposition, simultaneously raising the questions of to what extent and how adequately both social democracy and neoliberalism have been constituted as subjects in criminology and whether dichotomy is the only available trope of analysis?

Advancing nursing practice : redefining the theoretical and practical integration of knowledge

Aim The aim of this paper is to offer an alternative knowing-how knowing-that framework of nursing knowledge, which in the past has been accepted as the provenance of advanced practice. Background The concept of advancing practice is central to the development of nursing practice and has been seen to take on many different forms depending on its use in context. To many it has become synonymous with the work of the advanced or expert practitioner; others have viewed it as a process of continuing professional development and skills acquisition. Moreover, it is becoming closely linked with practice development. However, there is much discussion as to what constitutes the knowledge necessary for advancing and advanced practice, and it has been suggested that theoretical and practical knowledge form the cornerstone of advanced knowledge. Design The design of this article takes a discursive approach as to the meaning and integration of knowledge within the context of advancing nursing practice. Method A thematic analysis of the current discourse relating to knowledge integration models in an advancing and advanced practice arena was used to identify concurrent themes relating to the knowing-how knowing-that framework which commonly used to classify the knowledge necessary for advanced nursing practice. Conclusion There is a dichotomy as to what constitutes knowledge for advanced and advancing practice. Several authors have offered a variety of differing models, yet it is the application and integration of theoretical and practical knowledge that defines and develops the advancement of nursing practice. An alternative framework offered here may allow differences in the way that nursing knowledge important for advancing practice is perceived, developed and coordinated. Relevance to clinical practice What has inevitably been neglected is that there are various other variables which when transposed into the existing knowing-how knowing-that framework allows for advanced knowledge to be better defined. One of the more notable variables is pattern recognition, which became the focus of Benner’s work on expert practice. Therefore, if this is included into the knowing-how knowing-that framework, the knowing-how becomes the knowledge that contributes to advancing and advanced practice and the knowing-that becomes the governing action based on a deeper understanding of the problem or issue.

The rurality of sex : community resistance and objection to prostitution in rural and regional areas throughout Queensland

Queensland legislation currently defines two legally recognised forms of prostitution: sex work conducted in a licensed brothel; or, sex work conducted privately by a sole operator.Despite prostitution’s legality in these contexts, it continues to be heavily controlled and restricted by authorities, while also being rejected by surrounding communities. Such resistance towards prostitution is demonstrated in Queensland where over 200 towns with populations of less than 25,000 have been successful in applying for exemption from the development of licensed brothels in those jurisdictions (Prostitution Licensing Authority 2012). Queensland’s legislative acknowledgement of prostitution as a legal act, while simultaneously allowing small communities to reject such activity, seems somewhat contradictory. This paper will provide a theoretical examination of common community objections to prostitution in modern society, determining whether such attitudes are applicable to communities in rural and regional Queensland towns. Additionally, this paper will incorporate an analysis of rural and urban areas via the ‘gemeinschaft‐gesellschaft’ dichotomy to understand the potential justification for opposing areas being subject to differential treatment under the law.

Confronting the ‘resource curse or cure’ binary

The use of the curse or cure dichotomy to frame a discussion around the impacts of mining is an oversimplification, not least in the emphasis on one or the other (as opposed to curse and cure). It is, however, a potent trope for engaging critically with the consequences of mining not only in narrow economic terms but also in regard to political, social and environmental costs and benefits. Further, as Goodman and Worth (2008: 201) point out, to engage with the resource curse or cure question is to also engage more broadly with “the internal contradictions of capitalist development” as evident, for example, in divisions “between those who benefit from and those who bear the costs of accumulation” and the many conflicts—political, social, economic, environmental—attending resource extraction. It is in this sense that this volume mobilises the ‘resource curse or cure?’ motif.

Posthumous conception in South Australia : the case continues in Re H, AE (No 3) [2013] SASC 196

This editorial considers the issue of posthumous conception as discussed in the case of Re H, AE (No 3) [2013] SASC 196, which involved an application by a South Australian woman to the Supreme Court for authorisation to export her deceased partner's sperm to the Australian Capital Territory, for use in an assisted reproductive technology procedure.

Women in politics in democratic transition: The case of Bhutan

This thesis is a study about women's participation in Bhutan's new democracy and exposes the patriarchy embedded in Bhutanese society which is reinforced through cultural practices and the legal framework. It reveals the public/private dichotomy, the low educational attainment of girls and the gendered division of labour which derails women's public life. It discloses a masculine driven party politics and the challenges of being a woman in the world of men. Nonetheless, the first trailblazing women parliamentarians demonstrated a principled, feminine, political leadership in a masculine environment. Semi-structured interviews, document review and participant observation methods were used to collect data.

Inside the black box of food safety: A qualitative study of ‘non-compliance’ among food businesses

Issue addressed The paper examines the meanings of food safety among food businesses deemed non-compliant and considers the need for an ‘insider perspective’ to inform a more nuanced health promotion practice. Methods In-depth interviews were conducted with 29 food business operators who had been recently deemed ‘non-compliant’ through Council inspection. Result Paradoxically, these ‘non-compliers’ revealed a strong belief in the importance of food safety as well as a desire to comply with the regulations as communicated to them by Environmental Health Officers (EHOs). Conclusions The evidence base of food safety is largely informed by the science of food hazards, yet there is a very important need to illuminate the ‘insider’ experience of food businesses doing food safety on a daily basis. This requires a more socially nuanced appreciation of food businesses beyond the simple dichotomy of compliant/ non-compliant. So what? Armed with a deeper understanding of the social context surrounding food safety practice, it is anticipated that a more balanced, collaborative mode of food safety health promotion could develop which could add to the current signature model of regulation.

Biophilic urbanism: Contributions to holistic urban greening for urban renewal

Purpose – The purpose of this paper is to consider how biophilic urbanism complements and potentially enhances approaches for the built environment profession to holistically integrate nature into cities. Urban nature – also referred to as urban greening and green infrastructure – has increasingly been considered from many perspectives to address challenges such as population pressures, climate change and resource shortages. Within this context, the authors highlight how “biophilic urbanism” complements and may enhance approaches and efforts for urban greening. Design/methodology/approach – The paper provides a review of existing literature in “urban nature” to clarify and discuss the concept of biophilic urbanism. Drawing on this literature review, the authors present a systematic clustering and scaling of “biophilic elements” that could facilitate responding to twenty-first century challenges. Findings – Biophilic urbanism can be applied at multiple scales in urban environments, through a range of multi-functional features that address the pervasive false dichotomy of urban development and environmental protection. Biophilic urbanism can complement urban greening efforts to enable a holistic approach, which is conducive to comprehensive, intentional and strategic urban greening. Originality/value – This paper situates the emerging concept of biophilic urbanism within existing research from multiple disciplines, providing insight for how this can be applied in practice, particularly to the topical challenge of “urban renewal”.

Immunization of male bonnet monkeys (M-radiata) with a recombinant FSH receptor preparation affects testicular function and fertility

Immunization of proven fertile adult male monkeys (n = 3) with a recombinant FSH receptor protein preparation (oFSHR-P) (representing amino acids 1-134 of the extracellular domain of the receptor Mr similar to 15KDa) resulted in production of receptor blocking antibodies. The ability of the antibody to bind a particulate FSH receptor preparation and receptors in intact granulosa cells was markedly (by 30-80%) inhibited by FSH. Serum T levels and LH receptor function following immunization remained unchanged. The immunized monkeys showed a 50% reduction (p<0.001) in transformation of spermatogonia(2C) to primary spermatocytes (4C) as determined by flow cytometry and the 4C:2C ratio showed a correlative change (R 0.81, p<0.0007) with reduction in fertility index (sperm counts X motility score). Breeding studies indicated that monkeys became infertile between 242-368 days of immunization when the fertility index was in the range of 123+/-76 to 354+/-42 (compared to a value of 1602+/-384 on day 0). As the effects observed ate near identical to that seen following immunization with FSH it is suggestive that oFSHR-P can substitute for FSH in the development of a contraceptive vaccine.

A role for nocturnal serum testosterone surge in regulating spermatogenesis in the adult non-human primate

Adult male bonnet monkeys exhibit nychthemeral rhythms in testosterone (T) secretion but the precise role of this heightened level of T secretion in regulating spermatogenesis is not known. Intranasal administration of microdoses (500 mu g or 250 mu g/day) of Norethisterone (IN-NET) to adult monkeys (n = 6) at 1600 h each day selectively and completely suppressed the nocturnal surge levels of serum T. Concomitant with this was a significant reduction (P<0.01) in serum LH but not FSH levels. DNA flow cytometric analysis of testicular biopsy tissue showed by week 10 of IN-NET treatment an arrest in meiotic transformation of primary spermatocytes (4C) to round/elongate (1C/HC) spermatids and by week 20 there was a complete absence of 4C, 1C and HC cells (with a relative accumulation in 2C cells). The accumulated meiotic (4C) cells at week 10 showed an increase (>80%, P<0.01) in coefficient of variation and a decrease in intensity of DNA-bound ethidium bromide fluorescence, parameters characteristic of degenerating 'apoptotic' subpopulation of germ cells. While two monkeys exhibited acute oligozoospermia 4 became azoospermic by 20 weeks of IN-NET treatment. A complete, qualitative reversal in the regressive changes in spermatogenesis and near-normal sperm output were apparent at the end of a 20-week recovery phase. These data demonstrate that prolonged, selective suppression of nocturnal surge levels of serum T secretion exerts a primary effect on meiosis in spermatogenesis leading to oligo/azoospermic status in adult bonnet monkeys.

Patterns of Transcendence : Classical Myth in Marina Tsvetaeva's Poetry of the 1920s

This study examines the position and meaning of Classical mythological plots, themes and characters in the oeuvre of the Russian Modernist poet Marina Tsvetaeva (1892-1941). The material consists of lyric poems from the collection Posle Rossii (1928) and two longer lyrical tragedies, Ariadna (1924) and Fedra (1927). These works are examined in the context of Russian Modernism and Tsvetaeva s own poetic development, also taking into account the author s biography, namely, her correspondence with Boris Pasternak. Tsvetaeva s appropriations of the myths enter into a dialogue with the Classical tradition and with the earlier Russian and Western literary manifestations of the source material. Her Classical texts are inextricably linked with her own authorial myth, they are used to project both her ideas about poetry as well as the authored self of her poems. An important context for Tsvetaeva s application of the Classical myths is the concept of the Platonic ladder of Eros. This plot evokes the process of transcendence of the mortal subject into the immaterial realm and is applied by the author as an extended metaphor of the poet s birth. Emphasizing the dialectical movement between the earthly and the divine, Tsvetaeva s Classical personae foreground various positions of the individual between these two realms. By means of kaleidoscopic reformulations of similar metaphors and concepts, Tsvetaeva s mythological poems illustrate the poet s position between the material and the immaterial and the various consequences of this dichotomy on the creative mission. At the heart of Tsvetaeva s appropriation of the Sibyl, Phaedra, Eurydice and Ariadne is the tension between the body and disembodiment. The two lyrical tragedies develop the dichotomous worldview further, nevertheless emphasizing the dual perspective of the divine and the earthly realms: immaterial existence is often evaluated from a material perspective and vice versa. The Platonic subtext is central for Ariadna, focussing on Theseus development from an earthly hero to a spiritual one. Fedra concentrates on Phaedra s divinely induced physical passion, which is nevertheless evoked in a creative light.