Moral rights: a brief excursion into Canadian history

In 1931, Canada was the first of the copyright countries to adopt a moral rights provision, closely modeled on Article 6bis of the Berne Convention, into its legislation. But this was not the first step that Canada had taken towards the legislative protection of moral rights. Not only had certain provisions protective of the non-economic interests of authors been included in the federal Criminal Code and in the legislation of Quebec prior to 1920, but during the 1920s a sustained effort had been made to give these interests more explicit and systematic protection under the Copyright Act. The present article focuses on a series of bills put to the Canadian Parliament from 1924 onwards. Not only would they have provided increased protection for the non-economic interests of authors but they would have given a legislative definition to the term "moral right". These bills, framed in the absence of any influence from Article 6bis, provide a glimpse of what "moral rights" might have been. They support the view that Canada was moving towards the express legislative protection of these rights significantly earlier that is commonly thought.

Recent amendment to section 197- is it acceptable?

The majority decided in Hanel v O’Neill that directors of trustee companies
could be held personally liable to discharge the debts incurred by a
company pursuant to s 197(1) of the Corporations Act 2001 (Cth). On
18 November 2005, legislation was passed to amend s 197(1); this was to
overturn the decision. This article evaluates other relevant cases and
argues that the recent amendment to s 197 is unsatisfactory as it leaves
potential for abuse by directors of certain trustee companies. The article
suggests further reform to the section and to this end, suggests ways for
s 197 to reconcile with other parts of corporate law, such as insolvent
trading and directors’ duties.

Calibration and reliability of a school food checklist: a new tool for assessing school food and beverage consumption

There is a pressing need in Australia and other countries to develop systems for monitoring secular trends in childhood obesity and related behavioural and environmental determinants. Energy from foods and beverages consumed at school is an accessible indicator of children’s eating patterns and we have developed a school food checklist (SFC) to measure this. The SFC records the number of serves and source (home, canteen, vending machine) of 20 food and beverage categories. This study aims to assess the accuracy and to calibrate the SFC by comparing it to a weighed record (WR) and to evaluate inter-recorder reliability. Participants were 910 primary school children aged 5 to 12 years from a rural township in Victoria, Australia. WR were collected from a nonrandom sub-sample of 106 and a second sub-sample (n=46) had intake measured twice using the SFC to assess inter-recorder reliability. Mean energy values were 2992 kJ ± 924 and 3008 kJ ± 952 for the SFC and WR respectively and the correlation coefficient was strong (Pearson r = 0.77). The mean difference between the WR and SFC methods was 15 kJ (95% CI, -107 kJ to 138 kJ) and the limits of agreement (+2 standard deviations) were ± 1270 kJ. The SFC overestimated the energy/serve of breads and fruit drinks and under-estimated energy/serve from fat spreads, biscuits/crackers, muesli/fruit bars and fruit. Inter-recorder reliability was good (kappa 0.51). The SFC was designed to measure energy from food and beverages in schools. It has good accuracy and reliability and the revised version should further improve accuracy of the instrument.

Legal regulation and corporate governance in China`s top 100 listed companies

This article reports findings from an empirical study of corporate governance in China's top 100 listed companies. It examines the effectiveness of legal regulation, enforcement and remedies, finding that China's company and securities laws have not provided as string a legal framework for the protection of stakeholders im China's stock exchange listed companies as might be expected by investors.

A new era in United States cooperation in international insolvency adminstrations?

Cross-border insolvency laws are increasingly being influenced by the UNCITRAL Model Law on Cross-border Insolvency provisions. The United States has recently enacted domestic legislation based on these provisions by way of Ch 15 of the Bankruptcy Abuse Prevention and Consumer Protection Act 2005, which inserted Ch 15 into USC, Title 11. This article briefly explains the provisions of this United States legislation and draws attention to the important case law commenting and explaining same. It further attempts to alert local practitioners to the changes, benefits and detriments they may encounter when acting pursuant to this legislation.

Embodied energy in buildings : wood versus concrete - reply to Börjesson and Gustavsson

We analyse the wood and concrete designs of the Wälludden building described by Börjesson et al. (Energy Policy 28 (2000) 575) in terms of their embodied energy, employing an environmentally extended input–output framework in a tiered hybrid life-cycle assessment, and in a structural path analysis. We illustrate the complexity of the inter-industry supply chains underlying the upstream energy requirements for the building options, and demonstrate that higher-order inputs are difficult to capture in a conventional process analysis. Our calculations show that Börjesson and Gustavsson's estimates of energy requirements and greenhouse gas emissions are underestimated by a factor of about 2, and that corresponding greenhouse gas balances are positive at about 30 t C-eq. Nevertheless, Börjesson and Gustavsson's general result—the concrete-framed building causing higher emissions—still holds.

Obesity prevention and public health

More than 22 million children under five are now obese or overweight. Globally, an estimated 10% of school-aged children, between five and 17 years old, are overweight or obese, and the situation is getting worse. Although recognised clinically for some time as an important condition that increases risk of ill-health in affected individuals, it is only recently, that obesity has been recognised as a population-wide problem that requires preventive action. Obesity is a major contributor to diseases and disability, the associated health costs are enormous, obesity has already reached epidemic proportions in many countries, and incidence is continuing to increase in children and adults. Disturbingly the epidemic is not confined to developed countries, with many developing countries and those in transition affected. While recognised as a major population health problem, our understanding of the causes of the epidemic is poor, there has been relatively little population-based research that has focused on the prevention of unhealthy weight gain, and as a consequence knowledge regarding how and where best to intervene is limited. This book draws together the existing literature and expertise and with a view to helping set the agenda for public health action. The book is divided into three sections. Part 1 provides an overview of the context of the problem. It examines the epidemiology of obesity, the role of behavioural factors, socio-cultural factors and environmental factors in the obesity epidemic. Part 2 reviews interventions across a range of key settings and in different population groups - drawing on existing research that has aimed to increase physical activity, promote healthy eating and prevent obesity at a population level. Given how little research there is that has specifically examined the effectiveness of interventions aimed at preventing obesity per se, Part 3 explores potential opportunities to prevent obesity

Limited Liability Act of 1855

Examines the Limited Liability Act 1855 and highlights its significance in the formation of the modern company's legal framework. Looks at the background to the Act, which was repealed after a few months and incorporated in the Joint Stock Companies Act 1856 in an amended form. Considers the Act's legacy in extending the general principle of limited liability for corporate debts to shareholders of registered companies, including its implications in allowing a greater diversification of shareholders.

Processing and mechanical properties of porous Ti-Mo alloy for biomedical applications

Titanium and some of its alloys are well accepted as load-bearing implant materials due to their excellent mechanical properties, superior corrosion resistance, and outstanding biocompatibility. However, solid implant materials may suffer from the problems of adverse tissue reaction, biomechanical mismatch and lack of new bone tissue ingrowth ability. In the present study, porous titanium-molybdenum (Ti-Mo) alloy was fabricated by the space-holding sintering method. The pore size, pore shape and porosity can be controlled through choosing appropriate space-holding particle materials. Electron scanning microscopy (SEM) was used for the characterisation of the porous Ti-Mo alloy. The mechanical properties of the porous Ti-Mo alloy samples were investigated by compressive tests. Results indicated that the porous Ti-Mo alloy provides promising potential for new implant materials with new bone tissue ingrowth ability and mechanical properties mimicking those of natural bone.

Benchmarking the teaching of Australian Indigenous content in undergraduate psychology

This paper discusses a teaching and learning project on incorporating Australian Indigenous content into psychology undergraduate programs. After the impetus generated by the Head of Schools meeting in Perth in 1998 and the publication of the special issue of the Australian Psychologist on Psychology and Indigenous peoples in 2000, little progress seems to have been made. The paper discusses the process of developing curriculum guidelines for psychology academics wishing to include Indigenous content. These include the need to critically examine the assumptions and history of Western psychology in relation to Indigenous peoples, the inclusion of non-conventional teaching and learning methods, staff and institutional support, and appropriate staff development. While we have been encouraged by the growing support for this process, there are also significant obstacles, including rigidity of thinking about psychology programs and the attitude that it is all too hard. It is important to get this right, since the token inclusion of Indigenous material into otherwise mainstream Western psychology courses will be ineffective in bringing about the required understanding for psychology students wishing to work with Indigenous people in their professional careers and bring about social justice.

Intake of B vitamins in childhood and adult life in relation to psychological distress among women in a British birth cohort

Background : Lower levels of B vitamins (particularly folate, vitamin B12 and vitamin B6) may be associated with psychological distress. Little is known about the impact of childhood nutrition on psychological distress in adult life.

Objective : We investigated whether prospectively measured childhood and adult dietary intakes of thiamin, riboflavin, niacin, folate, vitamin B6 and vitamin B12 were related to the psychological distress of women in mid-age, taking into account socio-economic, behavioural and lifestyle factors.

Design : Prospective data were collected from a cohort of 636 British women followed up since their birth in 1946. Participants completed a 28-item, scaled version of the General Health Questionnaire (GHQ-28) to measure psychological distress at age 53 years. Dietary intakes in childhood (at age four) were determined by 24h recall and in adulthood (at age 36, 43 and 53 years) by a 5d food record.

Results : Low dietary vitamin B12 intake at age 53 was associated with higher psychological distress at that age. Women in the lowest third of vitamin B12 intake in adulthood had a higher GHQ-28 score compared with those in the highest third (percentage change, adjusted regression coefficient, 21 (95% CI 3, 39)). There were no other significant associations between dietary B vitamin intake in childhood or adulthood and psychological distress in the cohort.

Conclusions : Overall, there is evidence that intake of vitamin B12 at age 53 is related to adult psychological distress but there is no evidence for the effects of other adult B vitamin intakes or childhood intakes on psychological distress.

Professional standards for physical education teachers' professional development : technology for performance?

Background: The widespread and diverse models of professional standards for teaching raise questions with respect to the need to provide teachers with a pathway for continuing professional development balanced with the public nature of surveillance and accountability that may accompany standards. Ways of understanding technologies of power in relation to standards for
teaching gives us a new language and, in turn, new questions about the standards agenda in the physical education profession.
Purpose: To analyse how one health and physical education (HPE) teacher worked with Education Queensland’s (EQ) professional standards for teaching within the broader context of teacher professional development and renewal.
Participants and setting: An experienced HPE teacher working in an urban secondary school was the ‘case’ for this article. Tim was the only experienced HPE teacher within the larger pilot study of 220 selected teachers from the volunteer pool across the state.
Data collection: The case-study data comprised two in-depth interviews conducted by the first author, field notes from workshops (first author), teacher diaries and work samples, notes from focus groups of which Tim was a member, and electronic communications with peers by Tim
during the course of the evaluation.
Findings: Tim was supportive of the teaching standards while they did not have a strong evaluative dimension associated with technologies of power. He found the self-regulation associated with his reflective practices professionally rewarding rather than being formalised within a prescribed
professional development framework.
Conclusion: Tim’s positive response to the professional standards for teaching was typical of the broader pilot cohort. The concept of governmentality provided a useful framework to help map how the standards for teaching were received, regardless of teacher specialisation or experience.
We suggest that it is not until the standards regimes are talked about within the discourses of
power (e.g. codification for career progression, certification for professional development imperatives) that we can understand patterns of acceptance and resistance by teachers to policies
that seek to shape their performance.