Digital Commons Network^™

The Evolving Interface Between European Competition Law And Intellectual Property Rights: Is There A Balance To Be Achieved?, Cara O'Donoghue

The Plymouth Law and Criminal Justice Review

A comprehensive debate on the interface between IP (Intellectual Property) and European competition law has emerged over the past 50 years. The initial section of this article examines the gradual development of this conflicting relationship between the two laws. This is followed by an extensive analysis of the relevant precedent, focusing specifically on the significant rulings in Microsoft and IMS Health. The analysis explores the European competition authorities' preference to protect competitors' interests over achieving the general consensus for efficiency in the market and tackles the complex question of whether IP holders should be burdened with the responsibility of safeguarding …

The Utility Of Key Hate Crime Concepts, Katie Pratt

The Plymouth Law and Criminal Justice Review

This paper seeks to ascertain what exactly are the most important or relevant aspects of hate crime that we need to understand in order to address this most pernicious of acts. Whilst the UK conceptualization of hate crime was borne out of mass media attention on some key violent events, the official responses that followed were heavily shaped by a populist punitive view of how to address the issue. This paper discusses the limitations of the understanding of this issue and instead suggests a broader view of the underlying issue and causal factors as representative of patterns of prejudice and …

The Absent Voice Of Male Domestic Abuse Victims: The Marginalisation Of Men In A System Originally Designed For Women, Coralie Wright

The Plymouth Law and Criminal Justice Review

The problematic construction of domestic abuse as a 'gendered, heterosexual phenomenon that is predominantly physical in nature' has served to marginalise male victims of domestic abuse (Donovan and Hester, 2010:279), and impeded them from reaching victim status (Josolyne, 2011). As such, in comparison to women, men receive less recognition as victims within society, and support services are tailored towards the needs of female victims. Relatively little research has been undertaken on the experiences of male victims of domestic abuse, and thus it remains unclear how it is best to support them. This study adopts a qualitative approach to explore the …

A Point Of Justice - Granted Or Fought For? Women's Suffrage Campaigns In Plymouth And The West Country, Judith Rowbotham, Kim Stevenson

The Plymouth Law and Criminal Justice Review

The release of the film Suffragette in October 2015, surprisingly the first major feature film on the women's suffrage movement, has raised public consciousness about the issue of women's rights and the role of the suffragettes in demanding votes for women with their call to arms of 'deeds, not words'. But decades before the Women's Social and Political Union was created in 1903 campaigners across the country had begun the struggle for emancipation for women. We argue that the film therefore needs to be seen in a wider context including the high level of male support for the cause and …

Does Julian Assange Illustrate A Gap In Law That Should Be Codified?, Hamish Tye

The Plymouth Law and Criminal Justice Review

This article dissects the legality and purpose of diplomatic asylum, an intrinsically controversial area of international law. It becomes evident that diplomatic asylum residing in a grey area of international law suits many states. It provides an opportunity to reject diplomatic asylum as illegal when it suits a state but grant diplomatic asylum when an opportune moment arises. I conclude that it would be appropriate to introduce a form of diplomatic asylum internationally. Diplomatic asylum appears as a legal concept which persists in providing politically persecuted individuals protection regardless of the criticism grants of diplomatic asylum receive. Therefore Julian Assange …

The Soviet Legacy: Crime And Punishment In Latvia, Arta Jaili Idrissi

The Plymouth Law and Criminal Justice Review

The overall aim of this paper is to explore the operation of the Latvian penal system and to examine the impact of physical prison conditions on social relationships among prisoners and key stakeholders, such as prison officers and administration staff. Specifically the research aims to explore how prison conditions affect the interpersonal relationships and social order among prisoners and prison staff. If prison's overriding goals of reform and rehabilitation are to be achieved, prisoners as well as prison staff need to be asked how this can be accomplished better (redesigning the prison environment, receiving adequate assistance throughout the sentencing and …

A Naval 'Fracas': From Boat Race To Bounce, Dale Teobald

The Plymouth Law and Criminal Justice Review

No abstract provided.

Editorial, Kim Stevenson, Lesley Simmonds, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Animals Act 1971 Places A Disproportionate Burden On The Keepers Of Animals And Is In Need Of Reform, Abigail Saunders

The Plymouth Law and Criminal Justice Review

The purpose of this paper is to determine whether the Animals Act 1971 places a disproportionate burden on the keepers of animals and whether it is in need of reform. The law prior to the Act will be considered in order to identify the problems that led to the current law. An analysis of the application of the Act and the case law follows to identify any problems with the current law. This paper will also focus specifically on damage caused by horse riding accidents due to the fact that it is a high risk sport and injuries will arise. …

Legal High Use Among Young Adults In The South-West Rave/Party Community: Implications For Uk Drug Policy, Patrick Allen

The Plymouth Law and Criminal Justice Review

The UK government has struggled with controlling the legal high problem since the emergence of mephedrone in 2009. Academic research has provided detailed knowledge on how people perceive these substances, mainly focusing on mephedrone, but has yet to identify a viable solution to escalating usage and availability. This research aimed to determine young adults' (18-26) current perceptions of legal highs and to assess how this might help government shape current proposed policy and futurelegislation more successfully. It also examined the under-researched moralistic interpretations of legal highs. Qualitative research was undertaken in the form of in-depth, semi-structured interviews with 14 experienced …

Development Of Biomarker-Based Proxies For Paleo Sea-Ice Reconstructions, Lukas Smik

School of Geography, Earth and Environmental Sciences Theses

The analysis of the sea-ice diatom biomarker IP25 (a mono-unsaturated Highly Branched Isoprenoid (HBI) alkene) in Arctic marine sediments has previously been shown to provide a useful qualitative proxy measure for the past spring sea-ice occurrence. In the Southern Ocean the occurrence and variable abundance of a structurally similar di-unsaturated HBI (HBI diene II) has previously been proposed as a proxy measure of paleo sea-ice extent. However, the use of such biomarker proxies remains under development. In the current study, a number of additional palaeoceanographic developments of HBIs as sea-ice biomarkers in both polar regions has been undertaken. For the …

Challenging Classical Legacy: Virginia Woolf' Mythical Method In To The Lighthouse, Alex Rucka

Maria Dittman Library Research Competition: Student Award Winners

No abstract provided.

Cenozoic Terrestrial Palaeoenvironemtal Change: An Investigation Of The Petrockstowe And Bovey Basins, South West United Kingdom, Mohammed Suleiman Chaanda

School of Geography, Earth and Environmental Sciences Theses

The Petrockstowe and Bovey basins are two similar pull apart (strike slip) basins located on the Sticklepath – Lustleigh Fault Zone (SLFZ) in Devon, SW England. The SLFZ is one of the several faults on the Cornubian Peninsula and may be linked to Variscan structures rejuvenated in Palaeogene times. The bulk of the basins’ fill consists of clays, silts, lignites and sands of Palaeogene age, comparable to the Lough Neagh Basin (Northern Ireland), which is also thought to be part of the SLFZ. In this study a multiproxy approach involving sedimentary facies analysis, palynological analysis, stable carbon isotope (δ13C) analysis …

Foundations In Wisconsin: A Directory [35th Ed. 2016], Mary C. Frenn, John Brick, Brittany Carloni, Jeremy Cluth, Kathryn Hendrickson, Sarah Holland, Clare Mcnamara, Katie Murray, Catherine Simmerer, Dominic Zappia

Foundations in Wisconsin: A Directory

The 2016 release of Foundations in Wisconsin marks the 35^th edition of the print directory and the 16^th edition of the online version. The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. Additional information was obtained from surveys, foundation websites, and annual reports.

This edition paints a very positive picture of …

The Changing Face Of Domestic Abuse Service Provision, Gemma Henderson

The Plymouth Law and Criminal Justice Review

This article aims to explore the changing reality of domestic abuse service provision to victims of domestic abuse in the South West of England. By interviewing the professionals who work with the victims, it explores how cuts to funding is altering provisions for victims and multi-agency working and the realities of the move to tendering via the commissioning process. Results illustrate that austerity measures and government reforms have negatively affected domestic abuse service provision over recent years. Not only are there fewer services available but also changes in social policy are forcing the specialist domestic abuse charities to be replaced …

Wajib Pajak Dan Generasi Muda: Tax Morale Mahasiswa Di Indonesia, Budi Susila, Partomuan T. Juniult, Asrul Hidayat

Jurnal Ekonomi dan Pembangunan Indonesia

This paper is aimed to investigate the level of tax morale on Indonesia college students regarding fulfillment of tax obligations as an indication of their characteristics as future taxpayers and the factors behind their tax morale. This research exercised a survey method with respondents from the University of Indonesia chosen with a random sampling technique. The results indicated that the level of tax morale on Indonesia college students is relatively good. As for the variables that influenced the tax morale are gender, religious observance, and the perception of the importance of the government.

Analisis Emp Indonesia Dan Empat Negara Asean Pada Masa Krisis, Clara Septyana Rahma Sulaeman, Vera Lisna

Jurnal Ekonomi dan Pembangunan Indonesia

Contagion effect or domino effect which causes spreading economic crisis from one country to another also occurred in Indonesia in 1997 and 2008. The eect was identified by Exchange Market Pressure (EMP) index which measures economic pressure faced by a country on the exchange market through foreign exchange rate changes and foreign exchange reserves. The results of EMP analysis in Indonesia and four ASEAN countries using VAR method show that EMP contribution of four ASEAN countries in 2008 was larger than that of 1997. Moreover, the 1997 crisis in Indonesia spread from Thailand, while the 2008 crisis spread from Singapore.

Analisis Pusat Pertumbuhan Dan Autokorelasi Spasial Di Kalimantan: Studi Empiris Di 55 Kabupaten/Kota, 2000–2012, Maria Christina Yuli Pratiwi, Mudrajad Kuncoro

Jurnal Ekonomi dan Pembangunan Indonesia

The paper identifies which districts in Kalimantan that become the growth poles and whether there has been spatial autocorrelation in 55 districts during 2000–2012. This study also explores which economic sectors will be leading sectors. The social-economic data were collected for 55 districts using quantitative methods, in particular: typology of Regent/City, spatial autocorrelation, overlay analysis, and structural transformation. The study finds: (1) there are 4 cities as the growth pole; (2) the economics growth concentration concentrated geographically in the eastern and western; (3) the mining sector is a leading and competitive sector; and (4) structural transformation does not occur in …

Attitudes To Lesbian, Gay, Bisexual And Transgender Parents Seeking Health Care For Their Children In Two Early Parenting Services In Australia, E Bennett, K Berry, T Emeto, L Shields

Nursing Papers and Journal Articles

Aim: to examine the attitudes to and knowledge and beliefs about homosexuality, of nurses and allied professionals in two early parenting services in Australia.

Background: Early parenting services employ nurses and allied professionals. Access and inclusion policies are important in community health and early childhood service settings. However, little is known about the perceptions of professionals who work within early parenting services in relation to lesbian, gay, bisexual and transgender families.

Design: This is the final in a series of studies and was undertaken in two early parenting services in two states in Australia using a cross-sectional design with …

Self-Management Interventions To Improve Skin Care For Pressure Ulcer Prevention In People With Spinal Cord Injuries: A Systematic Review Protocol, J Baron, J Swaine, J Presseau, A Aspinall, S Jaglal, B White, D Wolfe, J Grimshaw

Health Sciences Papers and Journal Articles

Background: Pressure ulcers are a serious, common, lifelong, and costly secondary complication of spinal cord injury (SCI). Community-dwelling people with a SCI can prevent them with appropriate skin care (i.e. pressure relieving activities, skin checks). Adherence to skin care remains suboptimal however, and self-management interventions that focus on improving this have been designed. Little is known on their content, effectiveness, or theoretical basis. The aim of the proposed systematic review is to synthesize the literature on self-management interventions to improve skin care in people with a SCI. Specific objectives are to describe these interventions in relation to their content, effectiveness, …

Identifying Patient-Specific Epstein-Barr Nuclear Antigen-1 Genetic Variation And Potential Autoreactive Targets Relevant To Multiple Sclerosis Pathogenesis, M Tschochner, S Leary, D Cooper, K Strautins, A Chropra, H Clark, L Choo, D Dunn, I James, W Carroll, A Kermode, D Nolan

Health Sciences Papers and Journal Articles

Background: Epstein-Barr virus (EBV) infection represents a major environmental risk factor for multiple sclerosis (MS), with evidence of selective expansion of Epstein-Barr Nuclear Antigen-1 (EBNA1)-specific CD4+ T cells that cross-recognize MS-associated myelin antigens in MS patients. HLA-DRB1*15-restricted antigen presentation also appears to determine susceptibility given its role as a dominant risk allele. In this study, we have utilised standard and next-generation sequencing techniques to investigate EBNA-1 sequence variation and its relationship to HLA-DR15 binding affinity, as well as examining potential cross-reactive immune targets within the central nervous system proteome.

Methods: Sanger sequencing was performed on DNA isolated from peripheral blood …

Congressional And Presidential War Powers As A Dialogue: Analysis Of The Syrian And Isis Conflicts, Charles Tiefer, Kathleen Clark

All Faculty Scholarship

Much of the scholarship on war powers looks back on whether U.S. military interventions were authorized, examining the President's powers under Article II of the Constitution, and congressional enactments. That legal question is important, but it does not capture the interactive nature of the dynamic between Congress and the President. This Article instead focuses on the process of dialogue between Congress and the President prior to the exercise of war powers. We examine in detail how that dialogue operates in two recent episodes: the U.S. response to Syrian President Assad's use of chemical weapons in 2013, and the rise of …

There Are Cracks In The Civil Commitment Process: A Practitioner’S Recommendations To Patch The System, Donald H. Stone

All Faculty Scholarship

When a dangerously mentally ill person is in need of in-patient psychiatric hospitalization, the apparatus for involuntary civil commitment goes into motion. As a result, a mentally ill person can be confined against his or her will, to remain in the hospital indefinitely. The mentally ill person’s freedom depends on the outcome of a single hearing. The civil commitment process raises a number of legal questions: What are the constitutional protections against self-incrimination and the right to remain silent? Who presides over the hearing? Do the rules of evidence apply, specifically hearsay? Is the burden of proof standard by the …

Shattering The Glass Ceiling In International Adjudication, Nienke Grossman

All Faculty Scholarship

The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target …

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

All Faculty Scholarship

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

The Hostilities-Occupation Dichotomy And Cultural Property In Non-International Armed Conflicts, Anne-Marie Carstens

All Faculty Scholarship

No abstract provided.

Constitutional Law And Rhetoric, Colin Starger

All Faculty Scholarship

What are the legitimate types of argument in constitutional debate? This is a perennial question in American law and every generation of constitutional scholars has the right to ask it anew. For over thirty years, Phillip Bobbitt’s taxonomy of legitimate constitutional argument types has reigned as the most influential and enduring in the scholarly discourse. In a recent article, Jamal Greene has proposed a welcome but flawed rhetorical re-conception of Bobbitt’s venerable typology. By identifying and correcting the errors in Greene’s framework, this Article provides a rigorous theoretical grounding for the entire constitutional law and rhetoric project.

When properly grounded, …

The Fina Nagu Volcanic Complex: Unusual Submarine Arc Volcanism In The Rapidly Deforming Southern Mariana Margin, Maryjo Brounce, Katherine A. Kelley, Robert Stern, Fernando Martinez, Elizabeth Cottrell

Graduate School of Oceanography Faculty Publications

In the Mariana convergent margin, large arc volcanoes disappear south of Guam even though the Pacific plate continues to subduct and instead, small cones scatter on the seafloor. These small cones could form either due to decompression melting accompanying back‐arc extension or flux melting, as expected for arc volcanoes, or as a result of both processes. Here, we report the major, trace, and volatile element compositions, as well as the oxidation state of Fe, in recently dredged, fresh pillow lavas from the Fina Nagu volcanic chain, an unusual alignment of small, closely spaced submarine calderas and cones southwest of Guam. …

Observation Of Diurnal Variations In Mesoscale Eddy Sea-Surface Currents Using Goci Data, Ji-Eun Park, Kyung-Ae Park, David S. Ullman, Peter C. Cornillon, Young-Je Park

Graduate School of Oceanography Faculty Publications

The surface current field of a mesoscale eddy in the East Sea (Sea of Japan) was derived from consecutive Geostationary Ocean Color Imager chlorophyll-a (chl-a) concentration images using the normalized maximum cross-correlation method. The estimated current field of the eddy exhibited anticyclonic structure demonstrated by the objective dynamic thresholds of correlation coefficients. The eddy periphery was defined by fitting an ellipse to subjectively selected points from the frontal map of chl-a concentration data. Radial distribution and hourly variation of the current speed around the eddy were presented. In terms of the magnitude and direction, the estimated …

Metagenomic Investigation Of The Geologically Unique Hellenic Volcanic Arc Reveals A Distinctive Ecosystem With Unexpected Physiology, Anastasis Oulas, Paraskevi N. Polymenakou, Rekha Seshadri, H. James Tripp, Manolis Mandalakis, A. David Paez-Espino, Amrita Pati, Patrick Chain, Paraskevi Nomikou, Steven Carey, Stephanos Kilias, Christos Christakis, Georgios Kotoulas, Antonions Magoulas, Natalia N. Ivanova, Nikos C. Kyrpides

Graduate School of Oceanography Faculty Publications

Hydrothermal vents represent a deep, hot, aphotic biosphere where chemosynthetic primary producers, fuelled by chemicals from Earth's subsurface, form the basis of life. In this study, we examined microbial mats from two distinct volcanic sites within the Hellenic Volcanic Arc (HVA). The HVA is geologically and ecologically unique, with reported emissions of CO₂‐saturated fluids at temperatures up to 220°C and a notable absence of macrofauna. Metagenomic data reveals highly complex prokaryotic communities composed of chemolithoautotrophs, some methanotrophs, and to our surprise, heterotrophs capable of anaerobic degradation of aromatic hydrocarbons. Our data suggest that aromatic hydrocarbons may indeed be …