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Why We Still Oppose Gold and Also Oppose Hybrid Open Access
Get PDFIn Vol 2, No 2 of feminists@law (2012) we published our response to the Finch Report as an Editorial titled ‘Why We Oppose Gold Open Access’. Five years later, it is timely to take stock of what has happened since the Finch Report and to revisit our assessment of the government’s and research funders’ open access (OA) policies. Our focus in this Editorial is on journal publishing in Law and more generally in Humanities and Social Sciences (HASS) rather than in the STEM disciplines, on which much of the OA literature since Finch has been based. We consider first how the market in OA has developed since 2012, and secondly how the OA ecosystem now appears, before finally making proposals for the future
International disputes must still be solved by political means
Get PDFThis article considers the (in)ability of international law to ensure compliance from United Nations (UN) Member States, absent political influence. It examines whether concepts such as sovereign equality, normativity and concreteness give legal authority to international law, and further whether this ‘authority’ is respected by Member States and strictly enforced by UN governing bodies and international courts. The article explains that where sovereign rights or national interests collide the International Court of Justice (ICJ) is often unable to give a ruling or advisory opinion based solely on legal grounds and demonstrates that the contemporary international regime is incapable of removing politics from international legal proceedings. Furthermore, the article analyses the United Nations Security Council’s (UNSC) failure to enforce ICJ rulings against the US and the inability to prevent the US-led invasion of Iraq in 2003. With respect to the Iraq invasion, it highlights how this invasion occurred in the face of existing international norms and rules which purported to curb unauthorized use-of-force by UN Member States. The paper deduces that existing international rules and structures which seek to ignore state politics cannot settle contemporary international disputes.
End of Life Decisions: The extent to which quality of life factors should affect them
Get PDFThe significance of quality of life factors in end of life decisions cannot be overstressed. However, a plethora of case law shows that there are other factors which must be considered. The landmark cases of W v M and Others[1] and Airedale N.H.S Trust v Bland[2] indicate that autonomy and best interests of the patient must be given adequate consideration before making end of life decisions. The courts held that despite M’s minimally conscious state, dying was not in her best interests. However, in Bland where he had been in a persistent vegetative state, it was held that it was lawful for treatment to be withdrawn. This article gives a critical assessment of the disparities in both decisions and with the aid of other case law, examines the extent to which quality of life factors have influenced the decisions of the courts. Furthermore, it argues whether patient autonomy should override best interests and then it concludes that quality of life factors should influence end of life decisions to the extent of the patient’s autonomy or self-determination. In other words, quality of life factors must be considered but respect for patient autonomy should be paramount. * LLM Medical Law and Ethics Candidate, Kent Law School, University of Kent, [email protected][1] [2011] EWHC 2443 (Fam).[2] [1993] AC 789 (HL)
The Mechanics of Survivance in Indigenously-Directed Video-Games: Invaders and Never Alone
No full textSurvivance as a legal concept names the right to inheritance and more specifically the condition of being qualified to inherit a legacy. In an interview Jöelle Rostkowski, Vizenor explains: “[s]urvivance ... is the heritable right of succession or reversion of an estate.” This aspect of survivance is overlooked by those scholars of Vizenor's work who focus on the conjunction of the terms “survival” and “resistance”, terms that are important most fundamentally as they intersect with the capacity to transmit and to accept the inheritance of the past that is itself the intersection of survival and resistance. Survivance is not a static object or method but a dynamic condition of historical and cultural survival and also of political resistance, practiced in the continual readiness of Indigenous communities to accept and continue the inheritance passed on by elders and ancestors. In this sense, claims made by recent Indigenous video-game developers to speak to youth through digital media by providing games that transmit tribal legacies of language, stories, ontologies, and ways of knowing and being in the world, speak to the practice of survivance. Indeed, the particular capacity of video games to engage oral storytelling and active participation in the making of stories offers a powerful means to encourage and sustain survivance. This essay focuses on the analysis of video game mechanics: the rules of the game that determine the opportunities made possible for, and the limitations imposed upon, player interactivity. Vizenor's concept of survivance enhances understanding of the powerful decolonizing potential of mechanics in Indigenous video games and these game mechanics illustrate in particularly clear ways the workings of survivance as an active engagement in the politics of what Vizenor calls “native presence.” In the interview with Jöelle Rostkowski referenced above, Vizenor remarks: “The character of survivance creates a sense of native presence, a critical, active presence and resistance, over absence, historical and cultural absence, nihility and victimry.”This essay seeks to show how the sense of a critical, active Indigenous presence is created, by analyzing the mechanics of two different types of Indigenous digital games. Resistance to “historical and cultural absence, nihility and victimry” is explored through the 2-D fixed shooter arcade game Invaders (2015 Steven Paul Judd, Elizabeth LaPensée, Trevino Brings Plenty). The Iñupiat puzzle platformer video game Never Alone (2014 Upper One Games) enacts survivance as the epistemological practice of a living, tribal presence past, present, and future. In these digital games, mechanics are designed to compel players to enact survivance. Understanding this relationship underlines the importance of the decolonizing potential of Indigenous video games.
Lockbolted Letters to Turbo
Get PDFexcerpt from Always a Broken Sleepin the days I was known as Papillo
from Swift Cinder
Get PDFThis work is an excerpt from a book long poem. The poem's emphasis utilizes a collision as metaphor to illustrate a moment lasting as memory. The collision examines time, and place where an event can happen, has happened, and will happen. This occurrence maps this event, which has a lasting effect to memory and the people involved. The difficulty in this poetic composition remains a difficult subject because the inspirational incident used in this poem is the death of my younger brother in a fatal car accident. This work is very important to me and my examination of memorial writing.
Telesupervision in General Practice Training: A Case Study
Get PDFWhile recruitment to General Practice (GP) is a Government priority (NHS England, 2016), matching trainees to available trainers can be challenging. Remote supervision using Digital Video Conferencing (DVC) technology (telesupervision) has proven to be a workable solution to overcome this problem (Dudding, 2009; Brandoff and Lombardi, 2012) since supervisors can engage in effective supervision even when geographically distant from the supervisee. However, this has not been studied in GP training.The use of telesupervision in GP training adds an extra dimension, since trainees require clinical supervision in their placement practice as well as educational supervision from a qualified GP trainer. Such a model therefore would depend upon a triad of relationships between the trainee and clinical supervisor in one location, and an educational supervisor operating remotely.This Reflection on Practice paper presents a case study of Telesupervision, from the perspective of a GP educational supervisor (ES). It is presented as a real world exploration of the issues that would be encountered in such a model, and explores both the technical aspects of setting up effective telesupervision and the experience of coaching across a DVC platform in the particular context of GP training. Fundamental to the effectiveness of such a model would be the clear demarcation of the roles and responsibilities of the clinical and educational supervisors and their working relationship with the trainee
A COMPARATIVE STUDY OF CONVENTIONAL BONDS AND ISLAMIC SUKUK, AND THEIR USE OF THE TRUST INSTRUMENT
Get PDFThe English trust form has been an invaluable tool in the growth and development of capital markets, assisting in the smooth running of the bond markets in a way which is seemingly unattainable through contract law alone. During the course of the last few years, however, modern western finance has begun to experiment with, and embrace, a new legal instrument: the Islamic Sukuk. Similar to bonds in their employment of the trust form, the Sukuk is growing to be an essential tool in modern finance, providing western business with an opportunity to tap a previously restricted source of funding. Since the introduction of the instrument its’ use has continued to grow, with many city law firms now having specialist Islamic Finance teams to tackle the unique questions and hurdles that the integration of sukuk into the western financial system inevitably creates. This article examines the use of the trust form by both traditional bonds, and the Islamic sukuk, to ascertain why the trust is so valuable, and begins to assess what advantages and disadvantages may arise from the more common use of the sukuk in our western financial system
Environmentally Displaced Persons in Europe: limits of the legal protection of this controversial category of migrants
Get PDFThe article investigates the controversial category of the Environmentally Displaced Persons (EDPs) and the limits of the EU legal framework in providing subsidiary protection to this category of migrants.The Environmentally Displaced Persons are those migrants forced to flee from their home country due to environmental disasters and degradation. First, the article explains why the EU should take action to protect EDPs.Second, it examines if the Temporary Protection Directive and the Qualification Directive can provide adequate protection to EDPs. Finally, the article analyses the most recent approaches of the EU on the matter and it seeks to understand why the EU is still reluctant in providing a specific legal framework in order to protect EDPs.
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