4,336 research outputs found

    Palm tree justice? The role of comparative law in the South Pacific

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    Emerging from a colonial past, Pacific island states have legal systems which are patchy and often incoherent. This article examines the role of judges in the field of family law and how, through creative use of comparative legal thinking, they contribute to the development of the law in countries where the state is slow to reform outdated and often inadequate legislation

    A bundle of sticks in my garden

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    The English law of property is often described as a ‘bundle of sticks’ in which each ‘stick’ represents a particular right. Gardens challenge these rights and wreak havoc on the ‘bundle of sticks’. This paper looks at the twenty-first century manifestations of community engagement with ground and explores how ‘gardening’ is undermining concepts of ownership, possession and management of land and how the fence between what is private and what is public is being encroached and challenged by community and individual initiatives to cultivate. The garden in this paper is therefore a place of questioning and redefining traditional legal concepts, but it also reflects contemporary concerns which go beyond the confines of the garden and the boundaries of the law. At the same time however, the garden represents a continuum between past struggles and ideals and future hopes, and so the cultivators of today are located in a continuing evolution of law, land and people. By considering the various ways in which people are engaging with land outside of the usual private land/person context and their motives for doing so, this paper places present gardening in its historic context and analyses the challenges that various forms of gardening pose for established legal principles. In particular this paper asks if present gardening demands a re-examination of property law and a re-evaluation of what is understood as ‘property’ if the ‘bundle of sticks’ is unpacked

    'That plant is my ancestor'. The significance of intellectual property on food security in developing countries

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    The global significance of intellectual property laws is familiar to most of those interested in this area of law. What might be less familiar is the impact of intellectual property on the issue of food security in developing countries. This paper considers the consequences of factors such as TRIPS plus compliance imposed on recent entrants to the World Trade Organisation, the role of UPOV and impact of protecting plant breeders' rights on food security in developing countries. In particular the paper focusses on examples drawn from the Pacific where island countries are not only considering WTO membership or have recently signed up to this and incurred consequent IP obligations, but where food security is increasingly under pressure due to climate change, environmental degradation, loss of biodiversity shifts in agricultural practice and knowledge transfer, changing socio-economic patterns and the consequences of the global economic crisis. This is also a region where Western models of IP, although prevalent as introduced and imposed concepts, fit uneasily with forms and practices of indigenous traditional knowledge and practice which may be better suited to ensuring sustainability of food crops than the present thrust of IP laws

    Drawing the line: drawing and construction strategies for simple and complex figures in Williams Syndrome and typical development

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    In the typical population, a series of drawing strategies have been outlined, which progressively emerge during childhood. Individuals with Williams syndrome (WS), a rare genetic disorder, produce drawings that lack cohesion, yet drawing strategies in this group have hitherto not been investigated. In this study, WS and typically developing (TD) groups drew and constructed (from pre-drawn lines and shapes) a series of intersecting and embedded figures. Participants with WS made use of the same strategies as the TD group for simple intersecting figures, though were less likely to use a typical strategy for more complex figures that contained many spatial relations. When replicating embedded shapes, the WS group used typical drawing strategies less frequently than the TD group, despite attempting to initiate a strategy that is observed in TD children. Results suggested that individuals with WS show a particular difficulty with replicating figures that include multiple spatial relations. The impact of figure complexity and task demands on performance are discussed

    Item and error analysis on Raven's Coloured Progressive Matrices in Williams Syndrome

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    Raven's Coloured Progressive Matrices (RCPM) is a standardised test that is commonly used to obtain a non-verbal reasoning score for children. As the RCPM involves the matching of a target to a pattern it is also considered to be a visuo-spatial perception task. RCPM is therefore frequently used in studies in Williams Syndrome (WS), in order to match WS participants to a control group or as a single measure to predict performance on a test-condition in developmental trajectory analyses. However, little is known about the performance of participants with WS on the RCPM. The current study compared the type of errors and the difficulty of each item for 53 participants with WS to 53 typically developing children who were individually matched on the total raw score for RCPM. Results showed that the participants with WS made the same proportion of error types and that the proportion of error types changed similarly to those of typically developing controls over development. Furthermore, the differential item difficulty between the two groups was highly similar. It is therefore argued that, although participants with WS are delayed on RCPM, their performance is not atypical which suggests that RCPM performance is supported by typical mechanisms. The RCPM is therefore a useful tool to match WS to control groups or to construct developmental trajectories

    Scots law: a system in search of a family?

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    Presented as a paper at the Irish Association of Comparative Law, this article looks at the classification of legal systems into families and examines where, among the many different models, Scots law fits in

    Oliver (ed) Justice, Legality, and the Rule of Law: Lessons from the Pitcairn Prosecutions. Oxford University Press, 2009. ISBN 9780199568666 [Book Review].

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    The book review draws on prior published research into Pitcairn, as well as the various chapters in the book which address the decisions of the English courts in the case of Christian and others from a number of different perpectives, bringing this small remote island and its affairs to the centre of key legal debates

    Machine Learning for Intrusion Detection: Modeling the Distribution Shift

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    This paper addresses two important issue that arise in formulating and solving computer intrusion detection as a machine learning problem, a topic that has attracted considerable attention in recent years including a community wide competition using a common data set known as the KDD Cup ’99. The first of these problems we address is the size of the data set, 5 × 106 by 41 features, which makes conventional learning algorithms impractical. In previous work, we introduced a one-pass non-parametric classification technique called Voted Spheres, which carves up the input space into a series of overlapping hyperspheres. Training data seen within each hypersphere is used in a voting scheme during testing on unseen data. Secondly, we address the problem of distribution shift whereby the training and test data may be drawn from slightly different probability densities, while the conditional densities of class membership for a given datum remains the same. We adopt two recent techniques from the literature, density weighting and kernel mean matching, to enhance the Voted Spheres technique to deal with such distribution disparities. We demonstrate that substantial performance gains can be achieved using these techniques on the KDD cup data set
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