The regulation of Internet content. A qualitative, Colombian and comparative law study

 The incursion of Internet has created new forms of information and communication. As a result, today’s generation is culturally socialized by the influence of information and communication technologies in their various forms. This has generated a series of characteristics of social and cultural behaviour which are derivative of didactic, academic or recreational use. Nevertheless the use of the Internet from an early age represents not only a useful educational tool; it can constitute a great danger when it is used to access contents unsuitable for their adaptive development. Accordingly, it is necessary to study the legal regulation of internet content and to evaluate how such regulation may affect rights. Further, it is also important to study of the impact and use of this technological tool at level of the familiar unit, to understand better how it can suggest appropriate social mechanisms for the constructive use of Internet. The present investigation involves these two aspects with the purpose of uniting the legal and social perspective in a joint analysis that allows one more a more integral vision of this problem of great interest at the global level. 

Freedom of the Press in Canada and Colombia

A general conclusion of the history of the Canadian press demonstrates that state was built after true journalism had been consolidating. Press development went along with economic progress and this was achievable, in great measure, because of the manner colonization took place in North America. This aided the de facto nationalization of press freedom in Canada. In Colombia, on the contrary, wealth concentration and the Spanish failure to build an economic market, resulted in a constant political instability from the time the Independence War. Legal and the de facto nationalization would be attained only at the end of the twentieth century, though journalism was already part of the institutional arrangement.-----Una conclusión general de la historia de la prensa canadiense demuestra que el estado actual se construyó después de haberse consolidado el verdadero periodismo. El desarrollo de la prensa fue paralelo al progreso económico y se pudo lograr en gran medida por la forma en que se colonizó Norteamérica. Esto ayudó a la nacionalización de facto de la libertad de prensa en Canadá. En Colombia, por el contrario, la concentración de la riqueza y el hecho de que los españoles no construyeran un mercado económico produjeron una inestabilidad política constante desde la época de la Guerra por la Independencia. La nacionalización legal y de hecho solamente se logró a finales del siglo XX, aunque el periodismo ya era parte de la organización institucional. 

Estrategia de intervención militar de Estados Unidos en Medio Oriente: dinámicas y consecuencias del uso de drones en Yemen y Pakistán entre 2009 a 2013

Este es un estudio sobre la estrategia de guerra estadounidense en Medio Oriente basada en el uso sistemático de drones durante el periodo comprendido entre 2009 y 2013. Se busca explicar de qué manera puede considerarse el uso de este tipo de armamento como una práctica basada en la proyección de poder sin mayor vulnerabilidad. Los casos de Pakistán y Yemen son abordados, ya que evidencian las características de las operaciones selectivas por las que ha abogado el Presidente Obama. El estudio se inscribe dentro del realismo ofensivo, haciendo también referencia a sus limitaciones explicativas. Empero, se afirma que las dinámicas y consecuencias de la utilización de drones son intrínsecas a la necesidad estadounidense de combatir actores no estatales mediante prácticas que garanticen su seguridad y pretensiones hegemónicas a pesar de las implicaciones políticas , legales y sociales en las que puede incurrir.

O círculo de eranos: a experiência da educação do campo ou como os contextos podem gerar

RESUMO: Estamos a vivenciar dois fatos paradoxais: de um lado, uma organização da escola instituída que gera a autoconservação das práticas do professor e, do outro, tendências nos plano científico e do discurso político que apelam ao retorno ao ator - que reconhece o professor como sujeito de seu saber e fazer. Foi neste contexto que se realizou a pesquisa subjacente a esta tese sobre a formação docente num projeto de escolarização que se fundamenta numa perspetiva de educação popular contra-hegemónica, edificada, no Brasil, como ‗educação do campo‘. Buscou-se compreender a vivência docente, suas perceções e aprendizagens. Desenvolveu-se a investigação a partir das questões: é possível, no contexto atual de mudanças sociais direcionadas ao processo cada vez maior de individuação docente, a formação em democracia participativa numa experiência de educação popular? Como ela se estabelece? O que ela nos ensina? A metodologia assentou na observação participativa das reuniões de planeamento, avaliação e replaneamento dos(as) professores(as) e coordenadores, numa proposta local de educação do campo - do Programa Nacional de Educação na Reforma agrária. As reuniões e escolarização ocorreram em Ilhéus/Bahia/Brasil, durante os anos de 2005-2006. As referências teóricas para a análise empírica do material coletado foram: a perspetiva da reflexão-ação emancipatória de Carr e Kemmis (1998), que compreende as instituições educacionais criadas por pressões sociais e políticas; e a conceção de emancipação desenvolvida por Freire e por Habermas, assente na ação comunicativa/dialógica. Para a análise utilizou-se o método da Análise Crítica de Discurso (ACD), cuja principal referência foi Fairclough. Nas narrativas das reuniões percebeu-se o desenvolvimento de uma polidez positiva – atos de fala que demonstram o falante desejando estabelecer o consenso com ouvinte; assinalada por estruturas modais que direcionaram para a abertura de relacionamento e participação mútua entre professores(as) e coordenadores do projeto. O conteúdo manifesto das falas amparou-se numa perspetiva de educador que se constrói na prática, e, ao mesmo tempo, a constrói, mas que, entretanto, necessita de aportes teóricos críticos no processo de embate epistémico entre os saberes da vida quotidiana concreta e os saberes científicos. A função interpessoal foi expressa pela arquitetura dialógica, permitindo um processo de construção mútua de escola e professores(as). Pode-se afirmar que a prática analisada indica que nestes tempos, de controlo intenso das instituições escolares, de competição, de solidão, é obviamente necessária a organização coletiva de professores (as), de movimentos sociais e universidades, amparados e financiados por ordenamentos legais (conquistados pela população), para consolidar e ampliar projetos críticos de escolarização, mudando, reciprocamente, escolas e professores(as). ABSTRACT: We are experiencing two paradoxical facts: the organization of the established school which generates the self-preservation of teaching practices and, on the other hand, there is a political and scientific trend that claims the return of the ―actor‖ – the teacher being the subject of his knowledge and actions. It was therefore in this context, that the underlying research for this Thesis was conducted. It concerns to the teacher training in an educational project which is based on the perspective of a counter-hegemonic and popular education available to people at the Brazilian countryside – also called ―Field Education‖. We searched the understanding of the educational experience, its perceptions and learning. The investigation was developed from two fundamental questions: Is it possible to have the experience of a popular education system in a functioning democracy, at the light of the recent social changes that lead to a greater individuation? How is it established? What can we learn from it? The methodology was settled on the participant observation of the planning and evaluation meetings of teachers and coordinators of the National Education Program in the Land Reform in Brazil. These meetings occurred in Ilheús- Bahia- Brazil during the years of 2005-2006. The theoretical references to the empirical analyses of the material collected were: the perspective of the reflection – action emancipative of Carr & Kemmis (1998), which comprehends the educational institutions created by social and political pressures; and the conception of emancipation developed by Freire and Habermas, which is settled on the communicative-dialogical action. For the analysis it was elected the method of Critical Analysis of Discourse (CAD),which main reference was Fairclough. During the account of the meetings it was noticed the development of a positive politeness – which reveals the desire of the speaker to reach an agreement with the listener, signalized by modal structures that directed to an open and participative relationship between teachers and coordinators of the project. The manifest content of the speeches was sustained by the educator perspective, which is built on the daily practice. However, it needs some basic theoretical contributions to the epistemic struggle between concrete ordinary life and the scientific knowledge. The interpersonal function was expressed by dialogical architecture, allowing a mutual process of construction that involves the school and the teachers. The practice analyzed indicates that, more than ever, due to the massive control of the institutions, the extreme competition and solitude, the collective organization of the teachers, the social movements and the universities is necessary. They should be supported and financed by legal systems to consolidated and amplify important education projects, bringing necessary changes for schools and teachers reciprocally.

Construction management contracts: law and practice

The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.

Financial protection in the UK building industry: bonds, retentions and guarantees

Financial Protection in the UK Building Industry provides comprehensive treatment of a complex aspect of construction management which is increasingly important in modern construction contracts. The term 'Financial Protection' refers to refers to the various mechanisms by which funds are made available to ensure the due performance of a partys contractual obligations. This book is based on material written for a research project funded by the Reading Construction Forum. Financial Protection in the UK Building Industry looks at the legal and economic background to the problem of providing financial protection to clients to guard against poor performance and or the insolvency of contractors, consultants and sub-contractors. The inclusion of practical guidance notes and summaries makes this a valuable guide for the construction professional as well as for the researcher. * provides in-depth analysis of financial protection measures * explores the ways in which financial protection can increase efficiency in the industry * financial protection in construction is beset with problems - this book points toward practical solutions

What is the new medicines use review ‘patient survey’ attempting to capture in the context of existing patient satisfaction with pharmacy questionnaires and a new conceptual framework?

The community pharmacy service medicines use review (MUR) was introduced in 2005 ‘to improve patient knowledge, concordance and use of medicines’ through a private patient–pharmacist consultation. The MUR presents a fundamental change in community pharmacy service provision. While traditionally pharmacists are dispensers of medicines and providers of medicines advice, and patients as recipients, the MUR considers pharmacists providing consultation-type activities and patients as active participants. The MUR facilitates a two-way discussion about medicines use. Traditional patient–pharmacist behaviours transform into a new set of behaviours involving the booking of appointments, consultation processes and form completion, and the physical environment of the patient–pharmacist interaction moves from the traditional setting of the dispensary and medicines counter to a private consultation room. Thus, the new service challenges traditional identities and behaviours of the patient and the pharmacist as well as the environment in which the interaction takes place. In 2008, the UK government concluded there is at present too much emphasis on the quantity of MURs rather than on their quality.[1] A number of plans to remedy the perceived imbalance included a suggestion to reward ‘health outcomes’ achieved, with calls for a more focussed and scientific approach to the evaluation of pharmacy services using outcomes research. Specifically, the UK government set out the main principal research areas for the evaluation of pharmacy services to include ‘patient and public perceptions and satisfaction’as well as ‘impact on care and outcomes’. A limited number of ‘patient satisfaction with pharmacy services’ type questionnaires are available, of varying quality, measuring dimensions relating to pharmacists’ technical competence, behavioural impressions and general satisfaction. For example, an often cited paper by Larson[2] uses two factors to measure satisfaction, namely ‘friendly explanation’ and ‘managing therapy’; the factors are highly interrelated and the questions somewhat awkwardly phrased, but more importantly, we believe the questionnaire excludes some specific domains unique to the MUR. By conducting patient interviews with recent MUR recipients, we have been working to identify relevant concepts and develop a conceptual framework to inform item development for a Patient Reported Outcome Measure questionnaire bespoke to the MUR. We note with interest the recent launch of a multidisciplinary audit template by the Royal Pharmaceutical Society of Great Britain (RPSGB) in an attempt to review the effectiveness of MURs and improve their quality.[3] This template includes an MUR ‘patient survey’. We will discuss this ‘patient survey’ in light of our work and existing patient satisfaction with pharmacy questionnaires, outlining a new conceptual framework as a basis for measuring patient satisfaction with the MUR. Ethical approval for the study was obtained from the NHS Surrey Research Ethics Committee on 2 June 2008. References 1. Department of Health (2008). Pharmacy in England: Building on Strengths – Delivering the Future. London: HMSO. www. official-documents.gov.uk/document/cm73/7341/7341.pdf (accessed 29 September 2009). 2. Larson LN et al. Patient satisfaction with pharmaceutical care: update of a validated instrument. JAmPharmAssoc 2002; 42: 44–50. 3. Royal Pharmaceutical Society of Great Britain (2009). Pharmacy Medicines Use Review – Patient Audit. London: RPSGB. http:// qi4pd.org.uk/index.php/Medicines-Use-Review-Patient-Audit. html (accessed 29 September 2009).

Domesticating the calendar: the hours and the almanac in Tudor England

This article examines two genres of text which were extremely popular in the late-medieval and early modern periods, and it pays particular attention to women users. The printed almanacs of sixteenth-century England were enormously influential; yet their contents are so formulaic and repetitive as to appear almost empty of valuable information. Their most striking feature is their astrological guidance for the reader, and this has led to them being considered 'merely' the repository of popular superstition. Only in the last decade have themes of gender and medicine been given serious consideration in relation to almanacs; but this work has focused on the seventeenth century. This chapter centres on a detailed analysis of sixteenth-century English almanacs, and the various kinds of scientific and household guidance they offered to women readers. Both compilers and users needed to chart a safe course through the religious and scientific battles of the time; and the complexities involved are demonstrated by considering the almanacs in relation to competing sources of guidance. These latter are Books of Hours and 'scientific' works such as medical calendars compiled by Oxford scholars in the late middle ages. A key feature of this chapter is that it gives practical interpretations of this complex information, for the guidance of modern readers unfamiliar with astrology.

Challenges and opportunities facing contractors in Ghana

The main aim of this study was to ascertain and discuss the current challenges and opportunities facing construction contractors in Ghana. This involved a review of the economic, legal and political environments in which contractors in Ghana operate; a review of published studies on construction in developing countries generally and Ghana specifically; and in-depth interviews and discussions with seven building and civil engineering contractors in Ghana in 2009 and 2010. Six road contractors were also interviewed. The findings indicate significant challenges relating mainly to financing for projects and a harsh business environment. However, most contractors interviewed admitted to significant problems in their own organisations. It is clear that the contracting environment in Ghana is harsh particularly for local contractors who are often not paid on time and without compensation for late payment. However, local construction firms in Ghana who want to breakthrough ought to formulate the right strategic plans, develop innovative business strategies, develop professionalism, and merge with local firms with similar organisational values and characteristics. In short, local or indigenous Ghanaian contractors ought to face up to the reality of competition and the dynamics of modern business in order to survive, grow and become major players in the construction industry in Ghana.

Organic food: what we know (and do not know) about consumers

This paper reports on the latest contributions to over 20 years of research on organic food consumers. There is a general consensus in the literature on the reasons why people buy organic food. However, there is also a gap between consumers’ generally positive attitude toward organic food and their relatively low level of actual purchases. Product differentiation based on intangible features, such as credence attributes such as organic, in fast-moving consumer goods categories is enjoying rapid growth. However, there are many difficulties with research in this area, including the errors inherent in research that relies on consumer self-reporting methodologies. Further, in relation to organic food, there is a divergence between consumers’ perception of its superior health features and scientific evidence. Fresh fruits and vegetables are of vital importance to the organic sector as they are the entry point for many customers and account for one-third of sales. Further, although there is a small proportion of dedicated organic food buyers, most sales come from the majority of buyers who switch between conventional and organic food purchases. This paper identifies the practical implications for generic organic food marketing campaigns, as well as for increasing sales of specific products. It concludes with suggested priorities for further research.

A new parenthood paradigm for twenty-first century family law in England and Wales?

There are few other areas in family law where incongruence between the legal and social positions is as evident as that concerning parenthood. Recent cases involving lesbian couples and known sperm donors serve to highlight the increasing tension between the respective roles of biology, intention and functional parenting in the attribution of legal parental status. As both legislative and case-law developments have shown, intention is central in some circumstances, but not in others. The main claim of this paper is that this ad hoc approach leads to incoherent and unsatisfactory law: instead of striving to identify a status, what we are really looking to do is to identify the people who assume responsibility for a child. Drawing upon recent case-law, this paper explores how a conceptual reform of the law could result in a principled framework which would place formally recognised intention at the heart of parental status in order to reconnect legal duty with social reality for as many children and parents as possible. Moreover, it would ensure that parental status would not be dictated by the mode of conception of the child (natural or assisted). The analysis identifies the objectives of reform before proposing a new model which, while recognising the social importance of the biological parentage link, would reserve legal status for functional parenthood.

Does tool use extend peripersonal space? A review and re-analysis

The fascinating idea that tools become extensions of our body appears in artistic, literary, philosophical, and scientific works alike. In the last fifteen years, this idea has been re-framed into several related hypotheses, one of which states that tool use extends the neural representation of the multisensory space immediately surrounding the hands (variously termed peripersonal space, peri-hand space, peri-cutaneous space, action space, or near space). This and related hypotheses have been tested extensively in the cognitive neurosciences, with evidence from molecular, neurophysiological, neuroimaging, neuropsychological, and behavioural fields. Here, I briefly review the evidence for and against the hypothesis that tool use extends a neural representation of the space surrounding the hand, concentrating on neurophysiological, neuropsychological, and behavioural evidence. I then provide a re-analysis of data from six published and one unpublished experiments using the crossmodal congruency task to test this hypothesis. While the re-analysis broadly confirms the previously-reported finding that tool use does not literally extend peripersonal space, the overall effect-sizes are small and statistical power is low. I conclude by questioning whether the crossmodal congruency task can indeed be used to test the hypothesis that tool use modifies peripersonal space.