We'll Close! Plant Closings, Plant-Closing Threats, Union Organizing and NAFTA

This article is based on Final Report: The Effects of Plant Closing or Threat of Plant Closing on the Right of Workers to Organize. The report was commissioned by the tri-national Labor Secretariat of the Commission for Labor Cooperation (the NAFTA labor commission) "on the effects of the sudden closing of the plant on the principle of freedom of association and the right of workers to organize in the three countries."

The Trans-Pacific Partnership, Copyright Law and Education

There is much concern across the Pacific rim about the impact of the Trans-Pacific Partnership (TPP) upon public education. The secretive trade agreement involves a dozen nations across the Pacific, including Australia, New Zealand, Canada and the United States, and Indonesia may soon join. Although the text was finalised at the Atlanta talks in October 2015, the Agreement has not yet been made public. (The NTEU has joined with other unions and civil society organisations in calling for the agreement to be revealed to facilitate public debate before any decisions are made by Parliament.) So whilst we cannot examine all the text that may impact on public educations, WikiLeaks has published the final version of the Intellectual Property Chapter of the TPP. The Intellectual Property Chapter of the TPP alone, with its copyright term extension, limits on copyright exceptions, and enforcement measures, will have a significant impact for educators and public education.

Mapping the common antigenic determinants in avidin and streptavidin

An epitope scan analysis of the whole sequence of avidin and core streptavidin using polyclonal antibodies to these two antigens reveal the presence of multiple common epitopes in both the proteins. These antigenic determinants consist mostly of either identical or similar residues. The antibody recognition sites in both antigens are shown to be localized to homologous regions.

E-book monopolies and the law

This article will examine the legality of the digital rights management (‘DRM’) measures used by the major e-book publishers and device manufacturers in the United States, European Union and Australia not only to enforce their intellectual property rights but also to create monopolistic content silos, restrict interoperability and affect the ability for users to use the content they have bought in the way they wish. The analysis will then proceed to the recent competition investigations in the US and EU over price-fixing in e-book markets, and the current litigation against Amazon in the US for an alleged abuse of its dominant position. A final point will be made on possible responses in Australia to these issues taking into account the jurisprudence on DRM in other scenarios.

The relationship between class participation and law students' learning, engagement and stress: Do demographics matter?

Student participation in the classroom has long been regarded as an important means of increasing student engagement and enhancing learning outcomes by promoting active learning. However, the approach to class participation common in U.S. law schools, commonly referred to as the Socratic method, has been criticised for its negative impacts on student wellbeing. A multiplicity of American studies have identified that participating in law class discussions can be alienating, intimidating and stressful for some law students, and may be especially so for women, and students from minority backgrounds. Using data from the Law School Student Assessment Survey (LSSAS), conducted at UNSW Law School in 2012, this Chapter provides preliminary insights into whether assessable class participation (ACP) at an Australian law school is similarly alienating and stressful for students, including the groups identified in the American literature. In addition, we compare the responses of undergraduate Bachelor of Laws (LLB) and graduate Juris Doctor (JD) students. The LSSAS findings indicate that most respondents recognise the potential learning and social benefits associated with class participation in legal education, but remain divided over their willingness to participate. Further, in alignment with general trends identified in American studies, LLB students, women, international students, and non-native English speakers perceive they contribute less frequently to class discussions than JD students, males, domestic students, and native English speakers, respectively. Importantly, the LSSAS indicates students are more likely to be anxious about contributing to class discussions if they are LLB students (compared to their JD counterparts), and if English is not their first language (compared to native English speakers). There were no significant differences in students’ self-reported anxiety levels based on gender, which diverges from the findings of American research.

European Union and the developing nations' external debt : EU-15's debt policy, 1960–2008

This Master's Thesis defines the debt policy of the current European Union Member States towards the developing nations. Since no official policy for debt exists in the EU, it is defined to include debt practices (loans and debt relief in development cooperation) and debt within the EU development policy framework. This study (1) describes how the issue of external debt appears in the development policy framework, (2) compares EU Member States' given loans and debt relief to grants for the developing nations (1960s to the 2000s), and (3) measures the current orientation in ODA of each EU Member State between grant aid and loan aid using the Grant-Loan Index (GLI). Theoretical aspects include reasons for selecting between loans (Bouchet 1987) and grants (Odedokun 2004, O'Brien and Williams 2007), policy context of the EU (Van Reisen 2007) and the meaning of external debt in the set-up between the North and the South. In terms of history, the events and impact of the colonial period (where loans have originated) are overviewed and compared in light of today's policies. Development assistance statistics are derived from the OECD DAC statistics portal and EU development policy framework documents from the EU portal. Methodologically, the structure of this study is from policy analysis (Barrien 1999, Hill 2008, Berndtson 2008), but it has been modified to fit the needs of studying a non-official policy. EU Member States are divided into three groups by Carbone (2007a), the Big-3, Northern and Southern donors, based on common development assistance characteristics. The Grant-Loan Index is used to compare Carbone's model, which measures quality of aid, to the GLI measuring the structure of aid. Results indicate that EU- 15 countries (active in debt practices) differ in terms of timing, stability and equality of debt practices in the long-term (1960s to the 2000s). In terms of current practices, (2000-2008), it is noted that there lies a disparity between the actual practices and the way in which external debt is represented in the development policy framework, although debt practices form a relevant portion of total ODA practices for many EU-15 Member States, the issue itself plays a minor role in development policy documents. Carbone’s group division applies well to the Grant – Loan Index’s results, indicating that countries with similar development policy behaviour have similarities in debt policy behaviour, with one exception: Greece. On the basis of this study, it is concluded that EU development policy framework content in terms of external debt and debt practices are not congruent. The understanding of this disparity between the policy outline and differences in long-term practices is relevant in both, reaching the UN’s Millennium Development Goals, and in the actual process of developing development aid.

Legal Reasoning in Context

This study in EU law analyses the reasoning of the Court of Justice (the Court of Justice of the European Union) in a set of its preliminary rulings. Preliminary rulings are answers to national courts questions on the interpretation (and validity) of EU law called preliminary references. These questions concern specific legal issues that have arisen in legal disputes before the national courts. The Court of Justice alone has the ultimate authority to interpret EU law. The preliminary rulings bind the national courts in the cases giving rise to the preliminary reference, and the interpretations of EU law offered in the preliminary rulings are considered generally binding on all instances applying EU law. EU law is often described as a dynamic legal order and the Court of Justice as at the vanguard of developing it. It is generally assumed that the Court of Justice is striving to realise the EU s meta-level purpose (telos): integration. Against this backdrop one can understand the criticism the Court of Justice is often faced with in certain fields of EU law that can be described as developing. This criticism concerns the Court s (negatively) activist way of not just stating the law but developing or even making law. It is difficult to analyse or prove wrong this accusation as it is not in methodological terms clearly established what constitutes judicial activism, or more exactly where the threshold of negative activism lies. Moreover, one popular approach to assessing the role of the Court of Justice described as integration through law has become fairly political, neglecting to take into consideration the special nature of law as both facilitating and constraining action, not merely a medium for furthering integration. This study offers a legal reasoning approach of a more legalist nature, in order to balance the existing mix of approaches to explaining what the Court of Justice does and how. Reliance on legal reasoning is found to offer a working framework for analysis, whereas the tools for an analysis based on activism are found lacking. The legal reasoning approach enables one to assess whether or not the Court of Justice is pertaining to its own established criteria of interpretation of EU law, and if it is not, one should look more in detail at how the interpretation fits with earlier case-law and doctrines of EU law. This study examines the reasoning of the Court of Justice in a set of objectively chosen cases. The emphasis of the study is on analysing how the Court of Justice applies the established criteria of interpretation it has assumed for itself. Moreover, the judgments are assessed not only in terms of reasoning but also for meaningful silences they contain. The analysis is furthermore contextualised by taking into consideration how the cases were commented by legal scholars, their substantive EU law context, and also their larger politico-historical context. In this study, the analysis largely shows that the Court of Justice is interpreting EU law in accordance with its previous practice. Its reasoning retains connection with the linguistic or semiotic criteria of interpretation, while emphasis lies on systemic reasoning. Moreover, although there are a few judgments where the Court of Justice offers clearly dynamic reasoning or what can be considered as substantive reasoning stemming from, for example, common sense or reasonableness, such reasons are most often given in addition to systemic ones. In this sense and even when considered in its broader context, the case-law analysed in this study does not portray a specifically activist image of the Court of Justice. The legal reasoning approach is a valid alternative for explaining how and why the Court of Justice interprets EU law as it does.

A heuristic clustering algorithm using union of overlapping pattern-cells

Relative geometric arrangements of the sample points, with reference to the structure of the imbedding space, produce clusters. Hence, if each sample point is imagined to acquire a volume of a small M-cube (called pattern-cell), depending on the ranges of its (M) features and number (N) of samples; then overlapping pattern-cells would indicate naturally closer sample-points. A chain or blob of such overlapping cells would mean a cluster and separate clusters would not share a common pattern-cell between them. The conditions and an analytic method to find such an overlap are developed. A simple, intuitive, nonparametric clustering procedure, based on such overlapping pattern-cells is presented. It may be classified as an agglomerative, hierarchical, linkage-type clustering procedure. The algorithm is fast, requires low storage and can identify irregular clusters. Two extensions of the algorithm, to separate overlapping clusters and to estimate the nature of pattern distributions in the sample space, are also indicated.

Migration-Development Nexus in the Malawian Health Sector: European Union Blue Card – circular migration for development?

The European Union has agreed on implementing the Policy Coherence for Development (PCD) principle in all policy sectors that are likely to have a direct impact on developing countries. This is in order to take account of and support the EU development cooperation objectives and the achievement of the internationally agreed Millennium Development Goals. The common EU migration policy and the newly introduced EU Blue Card directive present an example of the implementation of the principle in practice: the directive is not only designed to respond to the occurring EU labour demand by attracting highly skilled third-country professionals, but is also intended to contribute to the development objectives of the migrant-sending developing countries, primarily through the tool of circular migration and the consequent skills transfers. My objective in this study is to assess such twofold role of the EU Blue Card and to explore the idea that migration could be harnessed for the benefit of development in conformity with the notion that the two form a positive nexus. Seeing that the EU Blue Card fails to differentiate the most vulnerable countries and sectors from those that are in a better position to take advantage of the global migration flows, the developmental consequences of the directive must be accounted for even in the most severe settings. Accordingly, my intention is to question whether circular migration, as claimed, could address the problem of brain drain in the Malawian health sector, which has witnessed an excessive outflow of its professionals to the UK during the past decade. In order to assess the applicability, likelihood and relevance of circular migration and consequent skills transfers for development in the Malawian context, a field study of a total of 23 interviews with local health professionals was carried out in autumn 2010. The selected approach not only allows me to introduce a developing country perspective to the on-going discussion at the EU level, but also enables me to assess the development dimension of the EU Blue Card and the intended PCD principle through a local lens. Thus these interviews and local viewpoints are at the very heart of this study. Based on my findings from the field, the propensity of the EU Blue Card to result in circular migration and to address the persisting South-North migratory flows as well as the relevance of skills transfers can be called to question. This is as due to the bias in its twofold role the directive overlooks the importance of the sending country circumstances, which are known to determine any developmental outcomes of migration, and assumes that circular migration alone could bring about immediate benefits. Without initial emphasis on local conditions, however, positive outcomes for vulnerable countries such as Malawi are ever more distant. Indeed it seems as if the EU internal interests in migration policy forbid the fulfilment of the PCD principle and diminish the attempt to harness migration for development to bare rhetoric.

Conflitos temporais entre os processos legislativos ordinário e orçamentário

Analisa a interdependência, com ênfase no aspecto temporal, entre o processo legislativo ordinário, bicameral, produtor de normas permanentes, com prazos impróprios, em que se avalia o mérito e o processo orçamentário, congressual, prazos constitucionais, expedito e conciso. São usados como exemplos o PL 7749/10, que fixa o subsídio dos Ministros do Supremo Tribunal Federal por ato administrativo autorizado na LDO, e o entendimento comum de considerar-se como lacuna da Proposta Orçamentária da União para 2011, PL 59/10-CN, Lei 12.381/11, conforme Nota Técnica CONOF/CD nº 13/2010, a ausência de valores referentes a proposições em tramitação no processo legislativo bicameral, produtor de cogência normativa sob a forma de despesas obrigatórias continuadas.

Science-based restoration monitoring of coastal habitats, Volume One: A framework for monitoring plans under the Estuaries and Clean Waters Act of 2000 (Public Law 160-457)

Executive Summary: The Estuary Restoration Act of 2000 (ERA), Title I of the Estuaries and Clean Waters Act of 2000, was created to promote the restoration of habitats along the coast of the United States (including the US protectorates and the Great Lakes). The NOAA National Centers for Coastal Ocean Science was charged with the development of a guidance manual for monitoring plans under this Act. This guidance manual, titled Science-Based Restoration Monitoring of Coastal Habitats, is written in two volumes. It provides technical assistance, outlines necessary steps, and provides useful tools for the development and implementation of sound scientific monitoring of coastal restoration efforts. In addition, this manual offers a means to detect early warnings that the restoration is on track or not, to gauge how well a restoration site is functioning, to coordinate projects and efforts for consistent and successful restoration, and to evaluate the ecological health of specific coastal habitats both before and after project completion (Galatowitsch et al. 1998). The following habitats have been selected for discussion in this manual: water column, rock bottom, coral reefs, oyster reefs, soft bottom, kelp and other macroalgae, rocky shoreline, soft shoreline, submerged aquatic vegetation, marshes, mangrove swamps, deepwater swamps, and riverine forests. The classification of habitats used in this document is generally based on that of Cowardin et al. (1979) in their Classification of Wetlands and Deepwater Habitats of the United States, as called for in the ERA Estuary Habitat Restoration Strategy. This manual is not intended to be a restoration monitoring “cookbook” that provides templates of monitoring plans for specific habitats. The interdependence of a large number of site-specific factors causes habitat types to vary in physical and biological structure within and between regions and geographic locations (Kusler and Kentula 1990). Monitoring approaches used should be tailored to these differences. However, even with the diversity of habitats that may need to be restored and the extreme geographic range across which these habitats occur, there are consistent principles and approaches that form a common basis for effective monitoring. Volume One, titled A Framework for Monitoring Plans under the Estuaries and Clean Waters Act of 2000, begins with definitions and background information. Topics such as restoration, restoration monitoring, estuaries, and the role of socioeconomics in restoration are discussed. In addition, the habitats selected for discussion in this manual are briefly described. (PDF contains 116 pages)

European Union supports project to strengthen fisheries and biodiversity management in African, Caribbean, and Pacific (ACP) countries

Proper resource management implies a better understanding of ecosystems and the conservation of biodiversity. Scientists from developing countries often have limited information on their aquatic resources because of many difficulties in accessing and exchanging information on a national and international level. The project described not only aims to strengthen the scientific capacity of fisheries scientists in ACP institutions but it is also expected to create an awareness among fisheries researchers and managers of the importance of conserving biodiversity for the sustainable use of living aquatic resources. This will be achieved through training, building a network of regional and transregional cooperation using modern communication facilities, the promotion of research and the distribution and improvement of fisheries management tools. It is hoped that these capabilities will enable fisheries scientists in ACP countries to actively contribute towards a discussion to solve common problems originating from the endangering of the ecological basis of their fisheries.

Processos de integração municipal:o papel dos parlamentos metropolitanos na associação de interesses locais

Durante muito tempo, os membros das câmaras de vereadores brasileiras tiveram suas atuações políticas limitadas à circunscrição territorial dos seus respectivos municípios. Isso se deve muito à forma de organização e à outorga de competências conferidas aosentes federativos. O modelo de federação criado no Brasil apresenta peculiaridades em relação a outros modelos existentes no mundo. Uma das mais evidentes é o reconhecimento constitucional dos municípios como ente integrante de sua estrutura, dotando-os de autonomia em relação aos Estados-membros e à União, bem como conferidas atribuições políticas e administrativas próprias. Esse status transformou consideravelmente o papel das municipalidades brasileiras após o advento da Constituição de 1988. Mas, infelizmente, a forma de distribuição dos recursos públicos do país concentra grande parte das receitas nos entes federativos de maior dimensão, em especial da União. Essa desproporcionalidade impede que as municipalidades exerçam, de forma plena, todas as missões que lhes foram outorgadas. Em consequência,eles sentem o peso das várias incumbências a serem desenvolvidas, sem que possuam as verbas suficientes para isso. Uma das soluções para minimizar essa situação está na iniciativa dese integrarem a outros entes para que, de forma conjunta, concretizem as políticas públicas necessárias à população. Atualmente, verifica-se que muitos problemas existentes nos municípios são comuns a todos que estejam situados em determinada região. Esse fenômeno ocorre principalmente quando a expansão urbana gerou as conurbações, interligando os municípios de uma forma tal que acabam compartilhando, os anseios e mazelas. Prevendo essa situação, o constituinte brasileiro de 1988 outorgouaos Estados-membros a prerrogativa de instituir as regiões metropolitanas e outras formas de unidade territorial urbana.Possibilitou, comoisso, a criação de uma organização administrativa que pudesse desenvolverações estatais de dimensão regional, conjugando os esforços dos entes federativos envolvidos para a consecução do bem comum. Aproveitando a existência dessas regionalidades administrativas, surgiunas câmaras de vereadores o anseio de ampliar seu campo de atuação para levar à discussão regional os temas inerentes a todos os municípios que as integram.Assim, criaram-se em algumas partes do país, os parlamentos metropolitanos.Consistem em um fórum de discussão e atuação integrada das edilidades municipais inseridas nessas unidades territoriais urbanas. A presente pesquisa tem como objeto central analisar a formação e atuação desses parlamentos, bem como os resultados já alcançados por alguns, além de sugerir propostas que venham fortalecer o seu papel. Essas instituições podem contribuir consideravelmente para o aperfeiçoamento da denominada governança interfederativa das regiões metropolitanas, nos termos que são propostos pelo Estatuto das Metrópoles (Lei Federal n. 13.089/15). Trata-sede um vetor de colaboração e associação entre os entes e órgãos de poder integrantes da região metropolitana, em busca de concretizar as funções públicas de interesse comumem prol da população nela inserida.

Identifying the Aggressor under International Law: A Principles Approach

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