Wetlands on trial: Ontario Municipal Board decisions affecting wetlands, 1980–1993

Abstract: There has been a continued loss of wetlands in Ontario as pressurcs from conflicting land uses escalate. This paper examines the manner in which the Ontario Municipal Board has treated the issue of wetlands protcction in hearings on land-use disputes in the provinw. Bastul on a review of nine wetlands caws dating from 1980 to 1993, the decision-making process of the Ontario Municipal Board was examined with regard to wetlands prokxtion. Analysis of the cases revealed a number of issues: the lack of relevant information at hearings; the role of policy and legislation in thc decision-making process; the use of negotiation and mediation in the hearing process; and the significance of private property rights versus the public interest in wetlands protection. This paper dismsses these issues in the context of the role of the Ontario Municipal Board in the planning and management of wetlands in Ontario. Sommaire: AG mesure qu'augmentent les pressions résultant des utilisations contra-dictoires des terres, la pcrte de terres humides continue en Ontario. Cct article examine la manière dont la Commission des affaires municipales de l'Ontario a traité cette question au cours des audiences sur les disputes concernant l'utilisation des terres dans la province. En analysant neuf cas relatifs aux teres humides datant de 1980 à 1993, on a examiné le processus décisionnel de la Commission en ce qui concerne leur protection. L'analyse des cas a révélé plusieurs questions telles que le marque d'informations disponibles pendant les audiences, le rôle des plitiques et des lois dans le processus décisionnel, l'emploi de la négcriation et de la médiation dans le processus d'audience et enfin, la prise en compte des droits fonciers privés par rapport à l'intérêt public dans la protection des terres humides. L'articlc examine ces questions dans le contexte du rôle que joue la Commission des affaires municipales de l'Ontario dans la planification et la gestion des terres humides dam cette province.     

Children at Risk: Legal and Societal Perceptions of the Potential Threat that the Possession of Child Pornography Poses to Society

This article examines legal and social discourses surrounding the phenomenon of child pornography, considering the legal responses to child pornography (particularly when an individual is found to be in possession of such material), and the way in which such material, the child, and the possessor of child pornography are socially constructed.
The article raises the question of whether there has been a moral panic regarding child pornography and the possession of such material, but also considers whether there are real reasons to consider that the possession of child pornography should remain illegal. Research studies which aim to establish the existence of a causal link between possessing child pornography and the act of committing child sexual abuse are examined, as is the argument that criminalizing the possession of child pornography reduces the market for such material. Finally, there is an analysis of the possible impact of social constructions of the child as innocent.     

Doctors and Nurses of Death: A Case Study of Eugenically Motivated Killing under the Nazi ‘Euthanasia’ Programme

This article reviews newly declassified US intelligence files and other sources, including relevant trial documents, related to the Nazi killing of mentally and physically sick individuals deemed to be of little further use to society. It both supplements and revises existing work on the so-called ‘Euthanasia’ programme at the Kaufbeuren psychiatric institution in Bavaria, and highlights a series of gender issues related to the involvement of women nurses including Catholic nuns, in this institute. In addition, this study not only casts new light on the way in which patients were, from admission onwards, redefined as disposable objects but also emphasises contradictions within the defence case of the defendants. School of Law, University of Manchester.     

Exclusion payments in patent settlements: a legal and economic perspective

Legal context. The application of antitrust law to assess settlementsof patent litigation raises difficult issues concerning theappropriate balance of patent law and competition policy. Recentprivate and public invocations of US antitrust law to challengesettlement agreements covering pharmaceutical patents have broughtthese issues to the forefront. The agreements share the commonfeature of an ‘exclusion payment’ from a brand-namedrug manufacturer (the patentee) to a generic drug manufacturer(the accused infringer) in exchange for a promise by the genericcompany to refrain from marketing its product for some time.US federal courts that have examined these agreements have variedin their approach and conclusions regarding the appropriateantitrust analysis to be applied to these settlements. Key points. This article argues that informed antitrust analysisof such agreements must take due note of the ‘probabilistic’nature of patent property rights. Practical significance. The article concludes that exclusionpayments fall outside the scope of a patent's exclusionary scopeand thus are subject to antitrust scrutiny. It demonstratesthat barring anticompetitive exclusion payments in settlementnegotiation prevents collusive bargains that harm consumer welfarewithout discouraging efficient settlements.     

Emma Goldman,Ben Reitman,and Reitman's wives: A study in relationships

Emma Goldman — Voltarine [l]e Cleyre — Louise Michels — Women Rebels — Angela Balabanoff — Anna Bessant — Maria Breshkovski — Margaret Fuller — Frances Wright — Blatavsky — Florence Nightingale — Madame Curie — Mary Baker Eddy¹     

Anaphylaxis After the Injection of Buprenorphine

Cause of death rulings in cases when the concentration of a drug or drugs is higher than observed following therapeutic use are generally straightforward “drug deaths.” However, when toxicology testing identifies drug concentrations consistent with therapeutic use or detects no drugs at all, then the cause of death determination is more complicated. Given the rapidity and protean manifestations of anaphylaxis, it should be considered in deaths where no other cause of death is apparent in a suspected drug death. This article reports two cases where an anaphylactic reaction was observed following either the actual or alleged use of therapeutic formulations of buprenorphine intravenously.     

Workforce Crisis in Residential Aged Care: Insights from Rural,Older Workers

In Australia, workforce shortages in residential aged care present a significant challenge for the aged care industry. The growing demand for workers in aged care, combined with the shrinking supply of younger workers entering the field, highlights a future workforce crisis. The current shortfalls are set to worsen with the retirement of a generation of women who have provided the backbone of the workforce. Although targeted retention of this group may alleviate this issue, few studies have explored the retirement decisions of this cohort. This paper reports on a qualitative study of this cohort of Victorian public sector residential aged care staff. Although current government rhetoric promotes intrinsic rewards (altruism, moral fulfilment) over extrinsic rewards (excessive workload, pay and conditions), a combination of these factors was associated with job satisfaction. It would seem timely to revisit some of these concerns to ensure an adequate and sufficiently skilled workforce.