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This chapter examines constitutional theory and doctrine as applied to emerging government regulations of video image capture and proposes a framework that will promote free speech to the fullest extent possible without facilitating unnecessary intrusions into legitimate privacy interests.
This chapter examines how the ethics of undercover investigations in the field of journalism have varied considerably over history, and are contextually driven. It is not true that the practice has always been viewed as dubious, nor is it accurate to say that it is uniformly celebrated and accepted.
This chapter reports on the findings of a number of original studies designed to test the public acceptance of undercover investigations. We study public attitudes about investigations generally and in a variety of specific contexts.
Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency, Alan K. Chen and Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely deﬁnes undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.
This chapter engages in a comparative examination of cause lawyering in the prisoners’ rights and animal rights movements. Drawing on the rich literature on cause lawyering and social movements, and on American constitutional law, it discusses the similarities and differences in the possibilities for legal advocacy concerning the rights of incarcerated persons and the treatment of non-human animals. The chapter offers a descriptive account of three areas in which these movements might be studied through a comparative lens – countering invisibility; facilitating moral suasion; and overcoming disenfranchisement. The chapter suggests that these comparisons might lead public interest lawyers working in these respective spaces to share ideas about strategic approaches and potential similarities that might be employed to overcome common barriers to progress. It also explains that this typological model for comparing cause lawyering might be employed by scholars in examining relationships between and among other social movements.
The objective of this study was to investigate changes in serum biomarkers of acute brain injury, including white matter and astrocyte injury during chronic foetal hypoxaemia. We have previously shown histopathological changes in myelination and neuronal density in fetuses with chronic foetal hypoxaemia at a level consistent with CHD.
Mid-gestation foetal sheep (110 ± 3 days gestation) were cannulated and attached to a pumpless, low-resistance oxygenator circuit, and incubated in a sterile fluid environment mimicking the intrauterine environment. Fetuses were maintained with an oxygen delivery of 20–25 ml/kg/min (normoxemia) or 14–16 ml/kg/min (hypoxaemia). Myelin Basic Protein and Glial Fibrillary Acidic Protein serum levels in the two groups were assessed by ELISA at baseline and at 7, 14, and 21 days of support.
Based on overlapping 95% confidence intervals, there were no statistically significant differences in either Myelin Basic Protein or Glial Fibrillary Acidic Protein serum levels between the normoxemic and hypoxemic groups, at any time point. No statistically significant correlations were observed between oxygen delivery and levels of Myelin Basic Protein and Glial Fibrillary Acidic Protein.
Chronic foetal hypoxaemia during mid-gestation is not associated with elevated serum levels of acute white matter (Myelin Basic Protein) or astrocyte injury (Glial Fibrillary Acidic Protein), in this model. In conjunction with our previously reported findings, our data support the hypothesis that the brain dysmaturity with impaired myelination found in fetuses with chronic hypoxaemia is caused by disruption of normal developmental pathways rather than by direct cellular injury.