Current Prohibition Research Articles

FEDAKAR KIZ FILMINDE TRAVMATIK CINSELLIK


 
 
 
 
 
 
 In his fictional films, Kim Ki-duk, one of the most acclaimed South Korean directors of contemporary
 transnational cinema, usually focuses on transgressive deeds that are themselves traumatic and cause
 other traumatic events in turn. In other words, Kim Ki-duk’s narrative films represent transgression
 and trauma as two sides of the same coin. Kim Ki-duk is not the kind of director who adopts a stable
 moral stance. Suggesting certain attitudes towards certain occasions by confirming some deeds while
 disconfirming others that are in accord or discord with the current sociocultural prohibitions is a style of
 narrating he does not embrace. Rather than simply condemning subversions that have traumatic consequences, rather than rendering subversion and trauma as mutually exclusive for praising subversions and
 condemning trauma-inducing events, Kim Ki-duk perceives them always as interpenetrating phenomena
 that trouble unilateral morality. It seems that he tends to display fictitious worlds in which deviation
 from the law, on the one hand, paves the way for unconventional (bodily/psychic) experiences, and, on
 the other, entails violence, emotional breakdown, guiltiness, (self-) punishment and vengeance. Along
 these lines of thought, this paper discusses the depiction of female prostitution in Kim Ki-duk’s Samaria
 (Samaritan Girl, 2004). By borrowing some tools from psychoanalysis and poststructuralism, the paper
 shows that the film, in the context of deviant-traumatic female sexuality, leads its audience to a margin
 where they find themselves unable to reach generic moral answers regarding the relationship between
 the law and transgression. 
 
 

Amending China's Insider Trading Prohibition - An Immodest Proposal

Presented in China in conjunction with the proposed amendment of the People's Republic of China (PRC) Securities Law 2006, this paper critiques the form and application of the PRC's current insider trading prohibition and its misconceived fealty to Rule 10b-5-limiting U.S. Supreme Court-derived doctrines of fiduciary duty and misappropriation, and urges that China's amended statute and enforcement system look to the broader doctrinal formulations employed in the United Kingdom and the European Union, ironically already used by China's securities regulator pursuant to internal (and likely illegal) administrative guidance norms.

Temporal trends in the levels of polychlorinated dioxins, -furans, -biphenyls and polybrominated diethyl ethers in bank voles in Northern Finland

Dioxin-like chemicals and brominated flame retardants are ubiquitous in the environment, despite the introduction of international prohibitions and restrictions. These chemicals do not remain in the vicinity of their source, instead they can be transported over long distances, in fact even to pristine areas in the northern latitudes. However, there have been rather few time series experiments monitoring the trends in the levels of chlorinated and brominated forms of these chemicals in the environment. In this study, the concentrations of polychlorinated dibenzo-p-dioxins and -furans (PCDDs/Fs), polychlorinated biphenyls (PCBs) and polybrominated diethyl ethers (PBDEs) were measured in the liver and muscle of bank voles (Myodes glareolus) caught in a remote area in Finnish Lapland during 1986–2007. Five time points were selected: years 1986, 1992, 1998, 2003 and 2007. The levels of PCDDs/Fs and PCBs declined from 1986 until 2003 in both females and males, but tended to increase again in 2007. The peak levels of the most abundant PBDE congeners (PBDEs 47, 99, 100 and 153) were measured in 1998 and 2003. These results reveal that the levels of dioxin-like chemicals remain high also in rural areas in Lapland, whereas the concentrations of brominated flame retardants decreased and follow the current restriction prohibitions.

Medical marijuana: hints of headway? Despite a conflicted regulatory landscape, support for medical marijuana is growing amid increasing evidence of potential benefits.

Medical marijuana: hints of headway? Despite a conflicted regulatory landscape, support for medical marijuana is growing amid increasing evidence of potential benefits.

The Assisted Dying Bill and the role of the physician

This article explores the role of the physician in the Assisted Dying Bill, which is currently progressing through the House of Lords. The Supreme Court decision in Nicklinson and Others...

Rethinking the Approach to Economic Justifications under the EU's Free Movement Rules

The ECJ has frequently stated that it is a general rule that “economic” aims are precluded as justifications for restrictions on free movement. This on its face suggests that free movement always and automatically trumps national economic interests. However, in reality the Court’s approach to balancing these different interests is much more complex: often, and increasingly, interests of an economic nature are in fact recognised in the Court’s case law. This paper suggests that this rule precluding economic aims as justifications therefore requires reformulating. It is argued that this is necessary not merely to reflect the reality of the case law, but also to improve the transparency and quality of judicial decision-making. The paper then also examines how the current prohibition might be reformulated in light of both the policy considerations underlying the current formulation (embodying a degree of caution in accepting economic interests) and the problems with that formulation. It is suggested that it is appropriate to maintain a kind of rule against economic objectives, but a more nuanced one concerned solely with measures that have a protectionist aim – the original target of the “general” rule prohibiting economic justifications. On the other hand, with measures that do not have protectionist aims, recognition of economic objectives should be determined on a case-by-case basis that is attuned to the wide variety of economic interests that exist. An important group of measures within the latter category comprises those directed at protection of Member States’ budgetary interests. These warrant special attention and the paper also examines how these interests can be suitably addressed within the context of the framework proposed above. According to the Court’s current approach, in theory budgetary justifications are prohibited as a consequence of the rule against economic justifications in general. However, it is explained that, like certain other economic justifications, they are in reality often permitted, being allowed in certain defined and specific circumstances. Further, where they are permitted, the Court limits application of the proportionality test in that it does not examine whether alternative means might be used to recoup the lost revenue. In this way the Court balances national economic interests and free movement but avoids various constitutional and practical difficulties of applying a proportionality test to do so. It is proposed that the Court should continue with this approach. However, it needs to acknowledge that it does accept justifications that are budgetary in nature, and that these constitute exceptions to any general rule against budgetary justifications. It might also be appropriate, further, to accept budgetary justifications as a general rule in addition to existing, specific, budgetary justifications whenever there is a significant impact on a specific programme budget. However, it is acknowledged that this approach is not consistent with the case law.

The Supreme Court judgment in Nicklinson: one step forward on assisted dying; two steps back on human rights: a commentary on the Supreme Court judgment in R (Nicklinson) v Ministry of Justice; R (AM) v Director of Public Prosecutions [2014] UKSC 38.

The recent Supreme Court judgment in Nicklinson1 was both surprising and ground-breaking despite offering no genuine assistance to the applicants. Nine Supreme Court justices heard the appeal and all offered unique reflections and conclusions upon the myriad of issues in the case. From a medical law perspective, the judgment is significant for its sympathetic acceptance of the flawed nature of the current universal prohibition of assisted suicide. That two senior judges were prepared to declare the statutory offence of assisted suicide to be incompatible with Article 8 ECHR was a considerable step towards a revised law on assisted dying. However, the case is also significant for the judicial approach to the Human Rights Act 1998 (HRA) and the role of domestic courts in deciding issues under it. And in this context, the judgment is far less encouraging. Overall Nicklinson reveals a Supreme Court divided on two of the most fundamental and controversial legal issues facing the UK at present: the appropriate legal response to assisting or encouraging a suicide, and the respective roles of Parliament, domestic courts and the European Court of Human Rights in protecting human rights.

Cleared for takeoff: The effects of hypobaric conditions on traumatic pneumothoraces.

Current guidelines suggest that traumatic pneumothorax (tPTX) is a contraindication to commercial airline travel, and patients should wait at least 2 weeks after radiographic resolution of tPTX to fly. This recommendation is not based on prospective, physiologic study. We hypothesized that despite having a radiographic increase in pneumothorax size while at simulated altitude, patients with a recently treated tPTX would not exhibit any adverse physiologic changes and would not report any symptoms of cardiorespiratory compromise. This is a prospective, observational study of 20 patients (10 in Phase 1, 10 in Phase 2) with tPTX that has been treated by chest tube (CT) or high flow oxygen therapy. CT must have been removed within 48 hours of entering the study. Subjects were exposed to 2 hours of hypobaria (554 mm Hg in Phase 1, 471 mm Hg in Phase 2) in a chamber in Salt Lake City, Utah. Vital signs and subjective symptoms were recorded during the "flight." After 2 hours, while still at simulated altitude, a portable chest radiograph (CXR) was obtained. tPTX sizes on preflight, inflight, and postflight CXR were compared. Sixteen subjects (80%) were male. Mean (SD) age and ISS were 49 (5) years and 10.5 (4.6), respectively. Fourteen (70%) had a CT to treat tPTX, which had been removed 19 hours (range, 4-43 hours) before the study. No subject complained of any cardiorespiratory symptoms while at altitude. Radiographic increase in tPTX size at altitude was 5.6 (0.61) mm from preflight CXR. No subject developed a tension tPTX. No subject required procedural intervention during the flight. Four hours after the study, all tPTX had returned to baseline size. Patients with recently treated tPTX have a small increase in the size of tPTX when subjected to simulated altitude. This is clinically well tolerated. Current prohibitions regarding air travel following traumatic tPTX should be reconsidered and further studied. Therapeutic study, level IV.

Proposed Modification of the Policy on Provision of Consulting Services by the External Audit Firm

At an informal Board meeting in January, there was broad support for removing the current blanket prohibition on the provision of non-audit-related consulting services by the Fund’s external audit firm and replacing it with a blacklist approach, subject to robust safeguards to ensure the independence of the external audit firm. This paper makes specific proposals to implement such a change. This would align the Fund’s policy on the provision of consulting services by the external audit firm with practices followed in major jurisdictions and allow the external auditor to perform certain consulting services with proper safeguards to maintain the auditor’s independence. The proposed safeguards include: (i) a blacklist of prohibited services; (ii) an independence declaration by the external audit firm; (iii) limitations on the consulting fees that can be paid to the external audit firm; (iv) an oversight role for the External Audit Committee (EAC); and (v) review of consulting services provided by audit firms prior to the selection of a new external audit firm for the Fund. The staff sought the views of the EAC, which concurs with the proposal to modify the policy on the provision of consulting services by the external audit firm along with the related safeguards.

PWE-073 Are We Using Anti-tnf Early Enough In Crohn’s Disease In The Uk?

IntroductionAnti-TNF (a-TNF) prescription is tightly controlled by NICE guidelines and reserved for severe or resistant Crohn’s disease in the UK, with annual review of ongoing prescription required and discontinuation for...

Evolving with the Times: A Push to Legalize Surrogate Parenting Contracts in the State of New York

In opposition to New York’s current prohibition on surrogate parenting contracts, this paper will focus on explaining why, despite its controversial nature, New York should amend its existing law and permit the enforceability of such contracts. Here, common myths surrounding surrogacy will be debunked, arguments made to support the practice of surrogacy will be justified, and an alternative to the current statute will be offered. This alternative statute will propose legislation in a way that can protect New York’s social policy interests while still permitting the enforceability of surrogate parenting contracts.

Childless Child Porn - A ‘Victimless’ Crime? A Comparative Analysis of the Validity of the Current Restrictions in the United Kingdom and United States on Virtual Child Pornography in Relation to the Right to Free Speech

This paper will comment on the current prohibition of the (arguably) victimless crime of virtual child pornography (VCP) in both the US and UK and it’s interaction with the right to free speech. This paper is limited in it’s scope and will only discuss in passing the offence of prohibited images of a child, nor will it consider in anyway images that are a product of computer morphing, in which a physical element of a child is ‘morphed’ into an indecent image. The forthcoming discourse will contend that the current prohibition of VCP is an unjustifiable violation of the right to free speech, through the consideration of the practical and theoretical validity of the justifications for this prohibition. Furthermore, it will consider the possible advantages of restricting rather than prohibiting VCP. In order to achieve this the first chapter will briefly examine the development of the law regulating actual child pornography and the current legislation governing VCP in both the US and UK. The first chapter will also succinctly make note of the parallels that become evident when comparing the individual jurisdictional responses to VCP. The second chapter considers the right of free speech operationally in the US and UK, the legislative clarity of VCP’s current categorisation as obscene or indecent and the impact both this and private consumption has on the justifiability and adjudged proportionality of the prohibition. The third chapter will consider the prevailing justifications habitually referenced when defending the contravention of the right to free speech caused by the statutory prohibition of VCP. The fourth chapter will explore the interactions of the preceding chapters justifications with the right of free speech, consider alternate motivations for enacting the current prohibition as well as recommend a possible legislative solution. Lastly, the fifth chapter will conclude this paper.

Incentives for Organ Donation: Proposed Standards for an Internationally Acceptable System

Incentives for organ donation, currently prohibited in most countries, may increase donation and save lives. Discussion of incentives has focused on two areas: (1) whether or not there are ethical principles that justify the current prohibition and (2) whether incentives would do more good than harm. We herein address the second concern and propose for discussion standards and guidelines for an acceptable system of incentives for donation. We believe that if systems based on these guidelines were developed, harms would be no greater than those to today's conventional donors. Ultimately, until there are trials of incentives, the question of benefits and harms cannot be satisfactorily answered.

Hear no evil—see no evil: political advertising in Ireland

This article examines the regulation of political advertising on television and radio in Ireland where a restrictive set of rules prevent political parties and lobby groups from using the broadcast medium to communicate directly with the public. The current regime does provide qualifying political parties with access to a system of broadcasts during election and referendum campaigns, a system that is not available to lobby groups and other representative bodies. Evidence is presented to suggest that subject to certain defined rules, there is a public openness to some modification of the current outright prohibition on political advertising in Ireland. Copyright © 2011 John Wiley & Sons, Ltd.

Beyond light and mild: cigarette brand descriptors and perceptions of risk in the International Tobacco Control (ITC) Four Country Survey.

To examine perceptions of risk related to type of cigarette brand. Cross-sectional findings from wave 5 of the ITC Four Country Survey, conducted with nationally representative samples of smokers in 2006. A total of 8243 current and former adult (≥18 years) smokers from Canada (n=2022), the United States (n=2034), the United Kingdom (n=2019) and Australia (n=2168). Outcomes included beliefs about the relative risks of cigarettes, including perceptions of 'own' brand. Correlates included socio-demographic, smoking-related covariates and brand characteristics. One-fifth of smokers believed incorrectly that 'some cigarette brands could be less harmful' than others. False beliefs were higher in both the United States and United Kingdom compared to Canada and Australia. Smokers of 'light/mild', 'slim' and 100 mm/120 mm cigarettes were more likely to believe that some cigarettes could be less harmful [odds ratio (OR)=1.29, 95% confidence interval (CI)=1.12-1.48 and that their own brand might be a little less harmful (OR=2.61, 95% CI=2.01-3.41). Smokers of 'gold', 'silver', 'blue' or 'purple' brands were more likely to believe that their 'own brand might be a little less harmful' compared to smokers of 'red' or 'black' brands (OR=12.48, 95% CI=1.45-107.31). Despite current prohibitions on the words 'light' and 'mild', smokers in western countries continue to falsely believe that some cigarette brands may be less harmful than others. These beliefs are associated with descriptive words and elements of package design that have yet to be prohibited, including the names of colours and long, slim cigarettes.

Drug Globalization: Eventual Legalization of Beer in Iceland and Marihuana Decriminalization in the USA

Beer was banned in Iceland for the most part of the twentieth century, 1915–1989. Using records of parliamentary debates, law enforcement records, surveys of public attitudes, and census data, the main arguments used for and against the law in Parliament show that it was largely unenforced, or symbolic law. An attempt will be made to illustrate why beer prohibition was abolished in 1989 and what effects liberalized alcohol policies have had on the consumption of alcohol in society. Finally, similarities of prohibition of alcohol and the current prohibition of drugs will be deliberated. The main arguments for the prohibition of beer were that beer was particularly hazardous to young people and workers. However, advocates of legal beer believed it to be a peculiar arrangement to ban beer while allowing hard liquor. External and internal changes, opening of the society and its changed conditions, gradually led to liberal views regarding alcohol policies which eventually led to the abolition of the beer prohibition in 1989. The past and current challenges in the USA, with both alcohol and marihuana, will be compared to Iceland in the current economic crisis. Evidence of policy change towards use of drugs can be detected in Europe, surprisingly led by Portugal, which decriminalized all drug use in 2001, which might suggest a possible policy shift in the future. Globalization and economic interests provide a significant basis for legal change in Iceland and the USA.

Sobre la constitucionalidad de la prohibición de las corridas de toros en Cataluña

El autor de este artículo somete a un análisis crítico la reciente prohibición de las corridas de toros por el Parlamento catalán. Tras analizar la Ley 3/1988, que supuso un primer paso para la actual prohibición, el autor lleva a cabo una defensa de la fiesta de los toros como parte integrante del patrimonio cultural español. Finalmente, el examen de los títulos competenciales invocados por el legislador catalán, lleva al autor a detenerse en el análisis de la competencia en materia de espectáculos y de protección de animales.

Aristotle’s Golden Mean: Its Implications for the Doping Debate

The ethics of drug-enhanced performance has been debated in the literature for a number of years. While bans and related enforcement efforts remain in place, scholars continue to disagree over the merits of the prohibitions themselves. Because this debate has been waged for over 40 years, it might seem that little more could be helpfully offered on this issue. We believe, however, that moral guidelines provided by Aristotle allow us to move this discussion forward. We attempt to use golden mean logic to examine two questions. First, how would Aristotle likely regard current attempts by some athletes to use drugs and avoid detection? Second, what implications do Aristotle's notions of virtues and vices have for the merits of the ban itself? We argue that the second question is the one on which Aristotelian thinking can provide the most help. Based on that assistance, we draw conclusions about the merits of current prohibitions.

Human Rights and Genetic Discrimination: Protecting Genomics’ Promise for Public Health

We argue in this article for a much broader approach, an equality-based protection similar to the bans against race and sex discrimination. In doing so, we identify some problems that have made current prohibitions against disability discrimination less effective than was originally hoped, and we show that the prevailing approach to protection against genetic discrimination is subject to a similar weakness. In particular, we show that neither existing federal law banning disability discrimination nor proposed federal genetic discrimination law protects asymptomatic individuals with genetic anomalies who pursue prophylactic or mitigating measures. The diseases associated with these anomalies may never be expressed or, if expressed, may not manifest as unmitigatable functional impairments. Yet genetic anomalies may be used as proxies to disqualify their possessors from opportunity, as biological properties associated with race and female sex have been used in the past. We therefore advocate a novel civil rights paradigm that safeguards individuals from being discriminated against on the basis of genetic identity, as they now are protected from discrimination based on their identities in respect to race and sex.

An ethical justification and policy for making commitments during computerized residency application processes: The US matching program as a laboratory for needed reform

The US National Residency Matching Program (NRMP) is a computerized, national system for matching residency applicants to programs. Similar systems exist in Canada, Australia, and New Zealand, and the need for such a program will probably make itself felt in the European Union soon. NRMP is an important laboratory for the ethical challenges that computerized matching programs create, especially its current prohibition of making commitments by both applicants and residency programs. Nonetheless, it would be denial to suppose that commitments are not being made and that there is no dishonesty when commitments are made. We analyze the current NRMP no-commitment policy by reference to Plato's retelling of the myth of the Ring of Gyges, which makes its wearer physically invisible and therefore ethically unaccountable. Because applicants and programs complete their preference-lists in secret, the matching process inadvertently slips a Ring of Gyges on the fingers of both parties. As a result, making false commitments promotes the rational self-interest of both parties. To strengthen the professional integrity of the matching process, we argue that NRMP should abandon its no-commitment policy and adopt a new paradigm: sanctioning honest, non-contingent, accountable, one-party, and documented commitments. Computerized residency matching systems in other countries should consider the NRMP a laboratory and develop policies about making commitments that promote professionalism in the residency application process.