Wage scale : award of New York Arbitration Board.

"A small primer of first principles of unionism."

Spain and Investment Arbitration: The Renewable Energy Explosion

In the past decade, Spain’s generous incentive system for renewable energy production attracted substantial foreign and national investment. However, when the global financial crisis hit, and the consequent reduction of electricity consumption, the incentives began to cause a tariff deficit in the electricity system, leading the Spanish government to cut back and then eliminate the incentives. In the wake of losses, international investors turned to investment arbitration, while national investors could only present their claims before Spanish courts. The result was a potential for differential treatment between national and foreign investors. This paper examines the incentive regime and the government’s changes to it in order to understand the investors’ claims and the reasoning that resulted in their rejections, both in national courts and in the only arbitration award issued up to now. The paper concludes with a discussion of the effect of the renewable energies situation on the investment arbitration debate within Spanish civil society.

Paranoid prizing : the facts and fictions of Australia’s Eve Pownall Award for Information Books, 2001-2010

Ghassan Hage asserts the “core element of Australia’s colonial paranoia is a fear of loss of Europeanness or Whiteness and the lifestyle and privileges that are seen to emanate directly from them. This is a combination of the fragility of White European colonial identity in general and the specificity of the Australian situation” (419). This ‘White paranoia’ can be traced through a range of popular cultural formations, including contemporary Australian children’s literature. The Children’s Book Council of Australia (CBCA) awards an annual prize for “outstanding books which have the prime intention of documenting factual material with consideration given to imaginative presentation, interpretation and variation of style” (“Awards”) published in the preceding year. Although not often included in critical debates, non-fictional texts overtly seek to shape young readers’ understandings of their national context and their own location as national subjects. Thus, the books named as winners and honours of this prize from 2001-2010 provide a snapshot of which facts and whose fictions are salient in shaping the Australian nation in the twenty-first century. Using Hage’s concept of Australian colonial paranoia, this paper considers the relationship between ‘factual material’ and ‘imaginative presentation’ in the ongoing revision and renewal of national myths in award-winning Australian non-fiction for children.

Development and testing of an iPad application for teaching self-management to heart failure patients. (Nursing/Allied Health Professional Investigator Award)- Abstract

Purpose: Heart failure (HF) is the leading cause of hospitalization and significant burden to the health care system in Australia. To reduce hospitalizations, multidisciplinary approaches and enhance self-management programs have been strongly advocated for HF patients globally. HF patients who can effectively manage their symptoms and adhere to complex medicine regimes will experience fewer hospitalizations. Research indicates that information technologies (IT) have a significant role in providing support to promote patients' self-management skills. The iPad utilizes user-friendly interfaces and to date an application for HF patient education has not been developed. This project aimed to develop the HF iPad teaching application in the way that would be engaging, interactive and simple to follow and usable for patients' carers and health care workers within both the hospital and community setting. Methods: The design for the development and evaluation of the application consisted of two action research cycles. Each cycle included 3 phases of testing and feedback from three groups comprising IT team, HF experts and patients. All patient education materials of the application were derived from national and international evidence based practice guidelines and patient self-care recommendations. Results: The iPad application has animated anatomy and physiology that simply and clearly teaches the concepts of the normal heart and the heart in failure. Patient Avatars throughout the application can be changed to reflect the sex and culture of the patient. There is voice-over presenting a script developed by the heart failure expert panel. Additional engagement processes included points of interaction throughout the application with touch screen responses and the ability of the patient to enter their weight and this data is secured and transferred to the clinic nurse and/or research data set. The application has been used independently, for instance, at home or using headphones in a clinic waiting room or most commonly to aid a nurse-led HF consultation. Conclusion: This project utilized iPad as an educational tool to standardize HF education from nurses who are not always heart failure specialists. Furthermore, study is currently ongoing to evaluate of the effectiveness of this tool on patient outcomes and to develop several specifically designed cultural adaptations [Hispanic (USA), Aboriginal (Australia), and Maori (New Zealand)].

Diversity or perversity?: Award-winning children's literature and the Australian curriculum

Two of the three cross-curriculum priorities for the national Australian Curriculum prescribed by the Australian Curriculum Assessment and Reporting Authority (ACARA) are focussed on what might be called diversity education: “Aboriginal and Torres Strait Islander histories and culture”, and "Asia and Australia's Engagement with Asia” (ACARA, “Cross”). One need not be versed in complex rhetorical theory to understand that, laudable and legitimate as such priorities are, their existence implies that mainstream education in Australia has been or is characterised by the marginalisation or erasure of Australia's history—the original Indigenous cultures are not only living and vibrant today, but also have tens of thousands of years’ “head start” on Australia’s settler cultures—and of its geography—Australia is, after all, located in some physical proximity to Asia. Some might even suggest that Australia is in Asia. These temporal and spatial “forgettings” constitute a kind of cultural perversity which the cross-curricular priorities both seek to address and serve to reinscribe. Even as ACARA requires Australian school students to engage with Aboriginal and Asian histories, cultures, societies, they imply that such histories, cultures, and societies are “diverse”, that they are not those of the students in Australian classrooms; producing them as objects of study rather than as lived experience. This should not necessarily be surprising. Michael W. Apple has provocatively argued that: “one of the perverse effects of a national curriculum actually will be to ‘legitimise inequality.’ It may in fact help create the illusion that whatever the massive differences in schools, they all have something in common” (18). In the Australian context, attempts to mitigate such perversity are articulated via the selection of literary texts. As educators move to resource ACARA’s cross-curricular priorities, ACARA notes that “Teachers and schools are best placed to make decisions about the selection of texts in their teaching and learning programs that address the content in the Australian Curriculum while also meeting the needs of the students in their classes” (ACARA, “Advice”). This assertion appears on a webpage called “Advice on selection of literary texts” which is notable first and foremost for its total lack of any literary texts being named, and its list of weblinks pointing to lists of texts compiled elsewhere, by other organisations, and in the main, compiled to serve agendas other than the Australian curriculum. One of the major resources referred to by ACARA for literary text selection is the Children’s Book Council of Australia (CBCA). Of course, the CBCA’s annual book awards do not share ACARA’s educational priorities, but do have a history of being drawn upon by schools as a curriculum resource. In this paper, I consider the literary texts which have been prized by the CBCA in recent years attending to their engagements with Aboriginal cultures.

Lock the gate: Fracking, investor-state dispute settlement, and the Trans-Pacific Partnership

There has been much debate about the relationship between international trade, the environment, biodiversity protection, and climate change.The Obama Administration has pushed such issues into sharp relief, with its advocacy for sweeping international trade agreements, such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership. There has been much public concern about the impact of the mega-trade deals upon the protection of the environment. In particular, there has been a debate about whether the Trans-Pacific Partnership will promote dirty fracking. Will the Trans-Pacific Partnership transform the Pacific Rim into a Gasland?There has been a particular focus upon investor-state dispute settlement being used by unconventional mining companies. Investor-state dispute settlement is a mechanism which enables foreign investors to seek compensation from national governments at international arbitration tribunals. In her prescient 2009 book, The Expropriation of Environmental Governance, Kyla Tienhaara foresaw the rise of investor-state dispute resolution of environmental matters. She observed:'Over the last decade there has been an explosive increase of cases investment arbitration. This is significant in terms of not only the number of disputes that have arisen and the number of states that have been involved, but also the novel types of dispute that have emerged. Rather than solely involving straightforward incidences of nationalization or breach of contract, modern disputes often revolve around public policy measures and implicate sensitive issues such as access to drinking water, development on sacred indigenous sites and the protection of biodiversity.'In her study, Kyla Tienhaara observed that investment agreements, foreign investment contracts and investment arbitration had significant implications for the protection for the protection of the environment. She concluded that arbitrators have made it clear that they can, and will, award compensation to investors that claim to have been harmed by environmental regulation. She also found that some of the cases suggest that the mere threat of arbitration is sufficient to chill environmental policy development. Tienhaara was equally concerned by the possibility that a government may use the threat of arbitration as an excuse or cover for its failure to improve environmental regulation. In her view, it is evident that arbitrators have expropriated certain fundamental aspects of environmental governance from states. Tienhaara held: As a result, environmental regulation has become riskier, more expensive, and less democratic, especially in developing countries. This article provides a comparative analysis of the battles over fracking, investment, trade, and the environment in a number of key jurisdictions including the United States, Canada, Australia, and New Zealand. Part 1 focuses upon the United States. Part 2 examines the dispute between the Lone Pine Resources Inc. and the Government of Canada over a fracking moratorium in Quebec. Part 3 charts the rise of the Lock the Gate Alliance in Australia, and its demands for a moratorium in respect of coal seam gas and unconventional mining. Part 4 focuses upon parallel developments in New Zealand. This article concludes that Pacific Rim countries should withdraw from investor-state dispute settlement procedures, because of the threat posed to environmental regulation in respect of air, land, and water.

Strengthening Incentives for Student Effort and Learning: Michigan’s Merit Award Program?

[Excerpt] One of the primary reasons American students learn a good deal less during secondary school than students in other industrialized nations is that they devote less time and intellectual energy to the task.1 Accountability systems designed to get teachers to try harder and set higher standards will not produce more student learning if [as one high school teacher put it] “students are sitting back in their desks, arms crossed, waiting for their teachers to make them smart (Zoch, 1998, p. 70).” Learning is not a passive act; it requires the time and active involvement of the learner. In a classroom with 1 teacher and 25 students, there are 25 learning hours spent for every hour of teaching time. Learning takes work and that work is generally not going to be as much fun as hanging out with friends or watching TV. If students cannot be motivated to give up some time socializing or watching TV so that they can learn difficult material and develop high level skills, the time and talents of teachers will be wasted.

Award Winner in the Young Investigator Category, 2014 Society for Biomaterials Annual Meeting and Exposition, Denver, Colorado, April 16-19, 2014: Periodically perforated core-shell collagen biomaterials balance cell infiltration, bioactivity, and mechanical properties.

Orthopedic tissue engineering requires biomaterials with robust mechanics as well as adequate porosity and permeability to support cell motility, proliferation, and new extracellular matrix (ECM) synthesis. While collagen-glycosaminoglycan (CG) scaffolds have been developed for a range of tissue engineering applications, they exhibit poor mechanical properties. Building on previous work in our lab that described composite CG biomaterials containing a porous scaffold core and nonporous CG membrane shell inspired by mechanically efficient core-shell composites in nature, this study explores an approach to improve cellular infiltration and metabolic health within these core-shell composites. We use indentation analyses to demonstrate that CG membranes, while less permeable than porous CG scaffolds, show similar permeability to dense materials such as small intestine submucosa (SIS). We also describe a simple method to fabricate CG membranes with organized arrays of microscale perforations. We demonstrate that perforated membranes support improved tenocyte migration into CG scaffolds, and that migration is enhanced by platelet-derived growth factor BB-mediated chemotaxis. CG core-shell composites fabricated with perforated membranes display scaffold-membrane integration with significantly improved tensile properties compared to scaffolds without membrane shells. Finally, we show that perforated membrane-scaffold composites support sustained tenocyte metabolic activity as well as improved cell infiltration and reduced expression of hypoxia-inducible factor 1α compared to composites with nonperforated membranes. These results will guide the design of improved biomaterials for tendon repair that are mechanically competent while also supporting infiltration of exogenous cells and other extrinsic mediators of wound healing.

European Law and New Health Technologies ESRC End of Award Report, RES-451-26-0764

End of award report for the funded research seminar series of the same name.

Unveiling Fairness for the Consumer:The Law, Economics and Justice of Expanded Arbitration

In recent years, the US Supreme Court has rather controversially extended the ambit of the Federal Arbitration Act to extend arbitration’s reach into, inter alia¸ consumer matters, with the consequence that consumers are often (and unbeknownst to them) denied remedies which would otherwise be available. Such denied remedies include recourse to class action proceedings, effective denial of punitive damages, access to discovery and the ability to resolve the matter in a convenient forum.

The court’s extension of arbitration’s ambit is controversial. Attempts to overturn this extension have been made in Congress, but to no avail. In contrast to American law, European consumer law looks at pre-dispute agreements to arbitrate directed at consumers with extreme suspicion, and does so on the grounds of fairness. In contrast, some argue that pre-dispute agreements in consumer (and employment) matters are consumer welfare enhancing: they decrease the costs of doing business, which is then passed on to the consumer. This Article examines these latter claims from both an economic and normative perspective.

The economic analysis of these arguments shows that their assumptions do not hold. Rather than being productive of consumer surplus, the use of arbitration is likely to have the opposite effect. The industries from which the recent Supreme Court cases originated not only do not exhibit the industrial structure assumed by the proponents of expanded arbitration, but are also industries which exhibit features that facilitate consumer welfare reducing collusion.

The normative analysis addresses the fairness concerns. It is explicitly based upon John Rawls’ notion of “justice as fairness,” which can provide a lens to evaluate social institutions. This Rawlsian analysis considers the use of extended arbitration in consumer matters in the light of the earlier economic results. It suggests that the asymmetries present in the contractual allocation of rights serve as prima facie evidence that such arbitration–induced exclusions are prima facie unjust/unfair. However, as asymmetry is only a prima facie test, a generalized criticism of the arbitration exclusions (of the sort found in Congress and underlying the European regime) is overbroad.