Melbourne Law School - Research Publications

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2007 48
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Start date: 2007 × End date: 2007 × Type: Journal Article ×

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    On Sony, StreamCast and Smoking Guns
    Giblin, R (Sweet and Maxwell, 2007)
    In 2005 the US Supreme Court remanded the landmark Grokster P2P file - sharing case to the California District Court for adjudication. This article looks closely at that remand decision, and the reasoning behind the district court's decision to hold the defendant liable for inducement. It also considers whether the 1984 Supreme Court judgment in Sony Corp of America v. Universal City Studios Inc. would be decided differently if it were it to be decided under today's law. In so doing, it highlights some of the most significant differences between the Grokster Court's two concurrences.
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    Contracts between patients and healthcare practitioners for improving patients' adherence to treatment, prevention and health promotion activities
    Bosch-Capblanch, X ; Abba, K ; Prictor, M ; Garner, P (WILEY, 2007)
    BACKGROUND: Contracts are a verbal or written agreement that a patient makes with themselves, with healthcare practitioners, or with carers, where participants commit to a set of behaviours related to the care of a patient. Contracts aim to improve the patients' adherence to treatment or health promotion programmes. OBJECTIVES: To assess the effects of contracts between patients and healthcare practitioners on patients' adherence to treatment, prevention and health promotion activities, the stated health or behaviour aims in the contract, patient satisfaction or other relevant outcomes, including health practitioner behaviour and views, health status, reported harms, costs, or denial of treatment as a result of the contract. SEARCH STRATEGY: We searched: the Cochrane Consumers and Communication Review Group's Specialised Register (in May 2004); the Cochrane Central Register of Controlled Trials (CENTRAL), (The Cochrane Library 2004, issue 1); MEDLINE 1966 to May 2004); EMBASE (1980 to May 2004); PsycINFO (1966 to May 2004); CINAHL (1982 to May 2004); Dissertation Abstracts. A: Humanities and Social Sciences (1966 to May 2004); Sociological Abstracts (1963 to May 2004); UK National Research Register (2000 to May 2004); and C2-SPECTR, Campbell Collaboration (1950 to May 2004). SELECTION CRITERIA: We included randomised controlled trials comparing the effects of contracts between healthcare practitioners and patients or their carers on patient adherence, applied to diagnostic procedures, therapeutic regimens or any health promotion or illness prevention initiative for patients. Contracts had to specify at least one activity to be observed and a commitment of adherence to it. We included trials comparing contracts with routine care or any other intervention. DATA COLLECTION AND ANALYSIS: Selection and quality assessment of trials were conducted independently by two review authors; single data extraction was checked by a statistician. We present the data as a narrative summary, given the wide range of interventions, participants, settings and outcomes, grouped by the health problem being addressed. MAIN RESULTS: We included thirty trials, all conducted in high income countries, involving 4691 participants. Median sample size per group was 21. We examined the quality of each trial against eight standard criteria, and all trials were inadequate in relation to three or more of these standards. Trials evaluated contracts in addiction (10 trials), hypertension (4 trials), weight control (3 trials) and a variety of other areas (13 trials). Sixteen trials reported at least one outcome that showed statistically significant differences favouring the contracts group, five trials reported at least one outcome that showed differences favouring the control group and 26 trials reported at least one outcome without differences between groups. Effects on adherence were not detected when measured over longer periods. AUTHORS' CONCLUSIONS: There is limited evidence that contracts can potentially contribute to improving adherence, but there is insufficient evidence from large, good quality studies to routinely recommend contracts for improving adherence to treatment or preventive health regimens.
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    The Haunting Affect of Place in the Discourse of the Virtual
    Wilken, R (Informa UK Limited, 2007-03)
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    Undertaking research in other countries: National ethico-legal barometers and international ethical consensus statements
    Skene, L (PUBLIC LIBRARY SCIENCE, 2007-02)
    Is it ethical for scientists to conduct or to benefit from research in another country if that research would be unlawful, or not generally accepted, in their own country?
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    Comparativism, the labour-social policy nexus and intra-national analysis: a case study
    Carney, T ; Ramia, G ; Chapman, A (POLICY PRESS, 2007-04)
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    Replevin and the Paradox of English Chattel Property
    Brennan, DJ (SAGE Publications, 2007-12)
    In English law, property has been classified, originally by Bracton, as either ‘personal’ or ‘real’ by reference to differing remedial consequences. T. Cyprian Williams has concisely explained this to mean that the terms convey the notion of a right to compensation associated with personal property, and a right to specific restitution associated with real property. However, the term ‘property’ itself has been defined more fundamentally to express the value of a ‘right to exclude’, or as expressed in its corollary, ‘immunity from expropriation’. This raises the question whether the term ‘personal property’, if not an oxymoron, is at least a paradox by denying within its conception an as-of-right entitlement to exclude. This essay explores the extent to which the ancient action of replevin, which provides an as-of-right common law entitlement to the redelivery of a chattel, might address that paradox. In so doing it tracks the origins and evolution of replevin in England, and describes the role of replevin in modern US law. It arrives at a conclusion that replevin has survived into twenty-first century common law, and by so doing makes difficult any absolute claim derived from Bracton about the absence of a common law right to specific restitution for chattel property.
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