bluuebunny/crossref_metadata_2025 huggingface dataset:
The Importance of Health Surveys in Workplaces, with Emphasis on the Field of Public Health, in the Target Group of Employees Who Work in Shifts
Authors: Vámosiné-Rovó Gyöngyvér
Published: January 2018

In today’s world the economic uncertainty, the huge overload of work, the expectations related to the work performance – which are not said –, the monotone work and the risk of violence contribute to the increase of psychosocial risks, which can lead to serious consequences in a company. If we succeed in preventing the negative impact of stress originating from the workplace, then the employer can keep the productivity of the company and besides that, the company gets rid of large expenses. The occupational health and safety is an important component of the social responsibility taking. One of the most efficient tools of prevention is the psychosocial risk assessment and the changes based on this in the company’s operation and regulation.
Attitude Examination Related to Breast Cancer Among Women in Bács-Kiskun County, Hungary
Authors: Pakai Annamária , Oláh András , Farkasné-Buzánczky Gabriella , Sélleyné-Gyúró Mónika , Brantmüller Éva
Published: January 2018

Breast cancer is the most commonly diagnosed type of cancer and a leading cause of mortality among women both in developed and developing countries all over the world. Our research questions were the following: 1. What is the ratio of women participating in mammography screening? 2. What factors influence the attendance of the screening? A quantitative, cross-sectional, and descriptive study (2013) examined women aged 35-65 without a history of breast cancer from Kecskemét City and its region. Non-random, convenience sampling method was applied in the study. The self-edited and self-administered questionnaire included the following groups of questions: socio-demographic data, attitude examination related to screening, reasons for absence. Besides SPSS Statistics, 20.00 test, x2 test, t-test, and ANOVA were used (p<0.05). During the Principal Component Analysis, 23 variables of the motivational scale were grouped into six theoretical subgroups, and the Cronbach-alpha value was 0.758. The mean age of the participants was 49.96±8.91 years.71% of the interviewees never attended breast cancer screening. Regarding the sample, the mean age of women participating in the screening for the first time was 39.66±12.21 years. Women with college/university degree attained high scores on the knowledge test (p<0.05). A significant part of women went to the screening because they feel responsibility for their health status or due to the family history of breast cancer. Fear, shame, or inconveniencies during examination did not affect participation in screening. Prevention programs play a significant role in the improvement of the health status of the Hungarian population. Mortality and morbidity indicators can be reduced by regularly organized, preventive activities based on appropriate knowledge. Thus, the number of healthy years can be increased.
Some of Martin Luther‘s Written References to the Eastern Church
Authors: Păvălucă Vasilică Mugurel
Published: January 2018

In his honest desire to reform the Catholic Church, Martin Luther looked up sometimes to Eastern Christianity and its Ancient Fathers. Especially in the context of his debates with Catholic theologians, Luther tried to accomplish a theological norm through quotes and arguments from the spiritual thesaurus of the Eastern Church. In spite of the fact that Luther‘s references to the Eastern Church show a certain ambiguity and are not as extensive as one would wish today, these are of particular importance and carry undeniable weight for the Reformation period and the Reformers’ knowledge of Eastern Christianity. Luther’s mentions of the Eastern Church constitute until today the basic points of modern ecumenism between Protestantism and Orthodoxy.
Martin Luther’s Interpretation on Magnificat. Vademecum of Christian Education for Rulers
Authors: Curtean Maria
Published: January 2018

Considering the ethical, anthropological and theological perspectives on the institution of a secular leader, as they are presented in Martin Luther’s writing “Das Magnificat verdeutschet und ausgelegt”, (1521) this paper aims to emphasize his contribution to the contemporary political anthropology and European culture. Presenting Mary’s canticle as a vademecum of educating secular leaders, Luther highlights the need of spiritual substantiation of the education of the secular leader and identifies mens cordis as the active and reactive center of the human being, from which all counsels and all reigns must be derived. While still preserving parts of mysticism, mystical and ascetic sources for the Christian education of rulers, thus a fragment of the universal Christian tradition, as they were developed and contextualized in Western Europe, this work by Luther could be a significant impulse for the renewal of the dialogue between Lutheran tradition and Orthodoxy.
An Application for Descriptive Nearness: Iris Recognition
Authors: Polat Kadirhan
Published: January 2018

Near Set Theory has various applications in the literature. In this paper, using the concept descriptive nearness, we show how to perform iris recognition. This process has a few algorithms given via Mathematica Script Language.
Lingual Gyrus Surface Area Is Associated with Anxiety-Depression Severity in Young Adults: A Genetic Clustering Approach
Authors: Couvy-Duchesne Baptiste , Strike Lachlan T. , de Zubicaray Greig I. , McMahon Katie L. , Thompson Paul M. , Hickie Ian B. , Martin Nicholas G. , Wright Margaret J.
Published: January 2018

Here we aimed to identify cortical endophenotypes for anxiety-depression. Our data-driven approach used vertex-wise genetic correlations (estimated from a twin sample: 157 monozygotic and 194 dizygotic twin pairs) to parcellate cortical thickness (CT) and surface area (SA) into genetically homogeneous regions (Chen et al., 2013). In an overlapping twin and sibling sample (n= 834; aged 15–29, 66% female), in those with anxiety-depression Somatic and Psychological Health Report (SPHERE) scores (Hickie et al., 2001) above median, we found a reduction of SA in an occipito-temporal cluster, which comprised part of the right lingual, fusiform and parahippocampal gyrii. A similar reduction was observed in the Human Connectome Project (HCP) sample (n= 890, age 22–37, 56.5% female) in those with Adult Self Report (ASR) DSM-oriented scores (Achenbach et al., 2005) in the 25–95% quantiles. Apost hocvertex-wise analysis identified the right lingual and, to a lesser extent the fusiform gyrus. Overall, the surface reduction explained by the anxiety-depression scores was modest (r= −0.10, 3rd order spline, andr= −0.040, 1st order spline in the HCP). The discordant results in the top 5% of the anxiety-depression scores may be explained by differences in recruitment between the studies. However, we could not conclude whether this cortical region was an endophenotype for anxiety-depression as the genetic correlations did not reach significance, which we attribute to the modest effect size (post hocstatistical power <10%).
Cycles of nationalisation and privatisation, and the role of the state in Ireland
Authors: Artner Annamária
Published: January 2018

The article examines how the roles of state institutions and state owned enterprises have been changed in Ireland since its independence, with special regard to the role of state ownership and crisis management. The history of planning and social partnership, the courses of nationalisation and privatisation and the problem of damaging the state are discussed as well. The author concludes that the crisis has not resulted in the strengthening of the developmental or welfare role of the state, the evolution of a “developmental welfare state” has become less likely in Ireland in the course of crisis management. Another lesson is that the state can manage certain bad assets of the private sector in a way that yields a profit to the public. There are other costs of the crisis management, however, which are to be paid by the people and result in a decrease of state ownership and a shrinking of the welfare systems.
Estimating growth contributions by structural decomposition of input-output tables
Authors: Koppány Krisztián
Published: January 2018

This paper presents a case-study to demonstrate the calculation methods of growth contributions using structural decompositions of input-output tables and their Hungarian applications. Although the required data are available with a considerable time-lag, results show that taking backward linkages through demand for inputs and value chain multipliers into account can significantly alter the picture on the growth effects of industries and final demand categories by the conventional approach based on quarterly GDP calculations. This can be instructive for analysts and policy- and decision-makers not only in Hungary, but also in other countries. The study was performed by using public macroeconomic and sectoral data obtained from the Hungarian Central Statistical Office.
Evaluasi Jerami Sorgum Varietas Samurai 2 Hasil Iradiasi Gamma secara In Sacco
Authors: Wahyono Teguh , Apriliani Widia , Muawanah Anna , Sihono Sihono
Published: January 2018

Studi in sacco dilakukan untuk mengevaluasi pengaruh iradiasi gamma terhadap degradasi dan produk fermentasi rumen dari substrat jerami sorgum varietas Samurai 2. Dosis iradiasi yang digunakan sebesar 0, 100 dan 150 kGy bersumber dari cobalt-60. Metode yang digunakan adalah evaluasi secara in sacco dengan titik pengambilan parameter pada jam ke-0, 12, 24, 48 dan 72. Variabel yang diamati adalah degradasi Bahan Kering (BK), karakteristik degradasi BK, degradasi Bahan Organik (BO), karakteristik degradasi BO dan produk fermentasi rumen. Produk fermentasi rumen yang diamati meliputi kondisi pH, konsentrasi amoniak (NH3) dan produksi volatile fatty acid (VFA) total. Penelitian ini menggunakan rancangan acak lengkap (RAL) dengan tiga perlakuan dan lima ulangan. Hasil penelitian menunjukkan bahwa pada periode inkubasi ke-72 jam, dosis iradiasi 150 kGy mampu meningkatkan degradasi BK sebesar 21,66% dibandingkan kontrol dan 12,09% dibandingkan dosis 100 kGy (P<0,05). Perlakuan iradiasi gamma dapat meningkatkan nilai degradasi maksimum (a+b) BK pada jerami sorgum varietas Samurai 2 (P<0,05). Perlakuan iradiasi gamma dosis 150 kGy juga mempengaruhi karakteristik degradasi BO yaitu peningkatan parameter degradasi efektif (DE) pada nilai k 0,02 (P<0,05). Perlakuan iradiasi gamma dapat meningkatkan kondisi pH dan konsentrasi NH3 (P<0,05). Kesimpulan dari penelitian ini adalah bahwa Iradiasi gamma dosis 100 dan 150 kGy mampu meningkatkan degradasi BK dan BO. Dosis radiasi 150 kGy merupakan dosis terbaik untuk meningkatkan degradasi BK maksimum (a+b).
QUESTIONING ONESELF: DIFFERENT FACES OF IDENTIY PRESENTED IN JEANETTE WINTERSON’S SELECTED WORKS
Authors: Wronka Małgorzata
Published: January 2018

This paper investigates identity problems following the life of Jeanette Winterson and the fictional character of her work The Passion. The article seeks answers scrutinizing Freud’s accounts of conflict theory, childhood experiences, the significance of unconsciousness, and drives of libido, which find their reflection in the social, gender, and sexual identity inadequacies presented by Winterson. The discussion centers on the issue of the true self and the attempt at (re)stabilizing the self-image, which construction is hindered by both the personal indeterminacy and conformity to the standardized by the orthodox society norms. Literary analysis of chosen examples aims at regulating whether there is a possibility of (re)defining one’s own identity despite past influences.
Conflitos de relacionamento entre franqueador e franqueados: um estudo em franquias do ramo alimentício sob a ótica do franqueado na região administrativa de Marília (SP)
Authors: Nogueira Clariana Ribeiro , Lourenzani Ana Elisa Bressan Smith , Dadario Natália
Published: January 2018

Desde que o franchising surgiu no Brasil, tem sido crescente o interesse de empreendedores por esse formato de negócio. Nas franquias, o franqueado é dono de seu próprio negócio e não empregado do franqueador, e a relação destes é regulada por um contrato com direitos e deveres preestabelecidos. Como existe uma relação de dependência bilateral entre o franqueador e o franqueado, deve-se considerar que o melhor desempenho do negócio depende do relacionamento deles, visando a uma gestão mais eficiente e coordenada. O tema ainda carece de estudos mais profundos e críticos, principalmente em regiões distantes de grandes centros. O estudo objetivou analisar o relacionamento franqueador-franqueado, mapear pontos críticos e apontar os fatores de conflitos, embasado na teoria da agência.
Geração de valor no ensino superior privado: uma análise do plano de desenvolvimento institucional (PDI)
Authors: Silva Claudio Marcos Maciel da , Rezende José Francisco de Carvalho
Published: January 2018

O objetivo desta pesquisa é a de verificar a possibilidade de estabelecer uma hierarquia de criação de valor das instituições de ensino superior (IES) com base nos direcionadores de capital intelectual e capital financeiro presentes no plano de desenvolvimento institucional (PDI) de diferentes IES privadas. Para isso, foi necessário identificar elementos pertencentes ao capital intelectual e ao capital financeiro nos PDIs de diferentes IES. Foram analisados 24 PDIs pertencentes às principais IES privadas localizadas no estado do Rio de Janeiro. Os resultados apontam para a predominância de direcionadores como a titulação docente e regime de trabalho, infraestrutura, responsabilidade socioambiental, receita e orçamento.
Janela para o mundo ou espelho para a alma? Reflexões sobre o papel da televisão comercial brasileira no contexto da flexibilização e da globalização da economia
Authors: Morelli Rita de Cássia Lahoz
Published: January 2018

O objetivo desse artigo é refletir sobre o significado da presença crescente da imagem dos brasileiros econômica e culturalmente excluídos na tela da televisão aberta do país. O que se propõe é relacionar essa presença às novas funções sociais que, na opinião da autora, essa televisão teria passado a desempenhar no contexto da flexibilização e da globalização da economia nacional.
Mora-dores de rua falados e significados no/pelo discurso jornalístico
Authors: Romão Lucília Maria Souza , Pacífico Soraya Maria Romano
Published: January 2018

Nesse artigo pretende-se investigar como a chacina dos moradores de rua e mendigos de São Paulo foi silenciada no discurso da mídia, não possibilitando ao leitor o acesso ao discursivo polêmico. Trabalhando com o referencial de Análise de Discurso de linha francesa, será analisado um texto do ombudsman da Folha de S. Paulo sobre o tema e também dois cartuns de autoria de Angeli e Jean, ambos publicados no referido jornal.
Escrituras da imagem: uma avaliação
Authors: Niemeyer Ana Maria
Published: January 2018

NOVAES, Sylvia Caiuby (org.). Escrituras da imagem. São Paulo, SP: EDUSP: FAPESP, 2004. 217 p., il. ISBN 8531408369 (broch.).
Políticas de autoria – entre regulação e falha
Authors: Abreu Ana Silvia Couto de
Published: January 2018

Este estudo objetiva compreender como sentidos de proteção ao autor vêm se estabilizando, tendo em vista novas possibilidades de convergência tecnológica, em que esferas são eliminadas na relação autor/público, o que tem colocado questões ao arquivo jurídico vigente sobre direitos autorais. Discursos de resistência ao modelo atual são postos a circular, configurando-se como falas desorganizadas, falhas que podem levar a uma mexida na aparente completude do arquivo jurídico.
Do silêncio angustiante aos sentidos desviantes: subversão discursiva na microesfera do exercício de poder
Authors: Souza Camila Targino e , Melo Cristina Teixeira Vieira de
Published: January 2018

A coleção Francisco Rodrigues de fotografia, pertencente à Fundação Joaquim Nabuco, é conhecida por guardar a memória visual das famílias dos senhores-de-engenho do Brasil do final do século XIX e início do século XX. A partir da análise de uma imagem específica desta coleção, em que uma mulher branca com uma criança negra no colo é retratada no jardim externo de um sobrado, mostramos o confronto discursivo travado entre a sociedade patriarcal escravocrata e outros discursos que lhe eram opositores, como o discurso abolicionista e o da insubordinação feminina. Para tal análise, agenciamos em especial o conceito de formação imaginária (PÊUCHEUX, 1993) e o de resistência (FOUCAULT, 2006). Também, a partir de uma abordagem discursiva, discorremos sobre a própria materialidade fotossensível usada para imprimir a imagem em foco, no caso, uma albumina. Esta tecnologia perseguiu o desejo de registrar com precisão o “real” e atestar a verdade das coisas, em consonância com o pensamento de base iluminista. Ao final, a análise mostra que o diálogo entre a materialidade mesma da fotografia e a representação imagética aponta para uma série de confrontos discursivos que desestabilizam a ordem vigente.
Linguagem, tecnologia, conhecimento e suas relações no contexto de formação continuada de professores
Authors: Freire Fernanda
Published: January 2018

O artigo apresenta as relações entre linguagem, conhecimento e tecnologia no contexto de formação continuada semipresencial de professores com base em três questões norteadoras – como as novas tecnologias afetam a construção do conhecimento, como o conhecimento constrói novas tecnologias e como as novas tecnologias dão corpo ao conhecimento – discutidas a partir da análise de dados de cursos do Centro de Formação Continuada de Professores do Instituto de Estudos da Linguagem (CEFIEL/Unicamp) que utilizam o ambiente TelEduc.
Cidade narrada, tempo vivido: estudos de etnografias da duração
Authors: Rocha Ana Luiza Carvalho da , Eckert Cornelia
Published: January 2018

Para o estudo antropológico da memória coletiva no interior das modernas sociedades complexas propomos o desenvolvimento de uma etnografia da duração. Trata-se do estudo das imagens expresso nas narrativas dos habitantes das grandes cidades sobre seus territórios de vida em que constroem sentido de identidade em seus deslocamentos e pertenças. Filiamos-nos a uma antropologia das sociedades complexas, inspirada nos jogos da memória que orientam a fundação de comunidades urbanas em seus arranjos sociais. Problematizamos o ato da memória como ação no mundo temporal.
Imagens da/na contemporaneidade: um convite à análise, uma convocação à teoria
Authors: Vargas Rejane Arce , Medeiros Caciane Souza de , Beck Maurício
Published: January 2018

O foco deste estudo é a problemática da análise de imagens e o objetivo é traçar um percurso teóricoanalítico que fundamente trabalhos dessa natureza, na perspectiva da AD franco-brasileira. Exploramos as noções de ideologia; visível e invisível; e forma material, que sustentam os dois ensaios analíticos realizados. Nossa reflexão aponta para um trajeto ideológico de leitura de imagens baseado no vínculo entre prática de sentidos e modos de produção/circulação de objetos simbólicos.
O discurso no Twitter, efeitos de extermínio em rede
Authors: Moreira Vivian Lemes , Romão Lucília Maria Sousa
Published: January 2018

Os ambientes colaborativos, como os sistemas de microblogging, transformaram-se em lugares discursivos onde o sujeito pode inscrever suas marcas e colocar em movimento e em circulação a produção de sentidos desdobráveis e fluidos sobre si e sobre o mundo. Nesse trabalho, intentamos discutir à luz da teoria da Análise do Discurso de matriz francesa, os efeitos de sentidos fissurados por diferentes regiões da memória nos dizeres xenofóbicos postados pelos sujeitos no microblogging Twitter.
Propiedades mecánicas de morteros de cemento con adiciones de fibras de carbono, nanotubos de carbono y grafeno = Mechanical properties of cement mortars with additions of carbon fibres, carbon nanotubes and graphene
Authors: Ursúa Goicoechea María
Published: January 2018

El carbono es uno de los elementos más abundantes de la naturaleza. Su particular estructura hace que pueda tener hasta cinco tipos distintos de alótropos. Durante los últimos años se han producido grandes avances en el estudio de estos materiales de carbono. Las fibras de carbono (CF), los nanotubos de carbono (CNTs) y el grafeno y óxido de grafeno (GO), en función de su estructura y su escala, presentan unas propiedades notablemente diferenciadas. Este estudio pretende comparar y determinar los efectos de estas características en matrices de cemento. Las características de estos materiales son difíciles de transmitir de forma exacta a los compuestos de cemento y hormigones, principalmente por las dificultades que presentan los nanomateriales en su dispersión. Por ello, los datos obtenidos en distintos estudios muestran resultados muy variables. Sin embargo, se ha demostrado que, para mejoras medias, los nanomateriales resultan ser más eficientes.AbstractCarbon is one of the most abundant elements of nature. Its particular structure has to have up to five different types of allotropes. During the last years there have been great advances in the study of these carbon materials. Carbon fibers (CF), carbon nanotubes (CNT) and graphene and graphene oxide (GO), depending on their structure and scale, have remarkably different properties. This study aims to compare and determine the effects of these characteristics on cement matrices. The characteristics of these materials are difficult to transmit accurately to concrete and cement compounds, mainly due to the difficulties presented by nanomaterials in their dispersion. Therefore, the data obtained in different studies, results, very variable. However, it has been shown that, for average improvements, nanomaterials are more efficient.
Deep Tillage and Gypsum Amendments on Fully, Deficit Irrigated, and Dryland Soybean
Authors: Henry Christopher Garrett , Sarzi Sartori Gerson Meneghetti , Gaspar Jason Paul , Marchesan Enio , Hirsh Sarah Marie , Horton Alvin Phillip , Espinoza Leo , James Hunter
Published: January 2018

Core Ideas

Deep tillage practices increase soybean yield.

Irrigation is a recommended practice for maximizing soybean yields.

As the irrigation deficit is increased the soybean seed yield decreases.

A major limitation to soybean [Glycine max (L.) Merri.] yield is the availability of water for crop production; however, water available for irrigation is declining in many of the crop growing regions. The objectives of this study were to validate and/or refine current allowable deficit recommendation for evapotranspiration (ET)‐based irrigation scheduling for furrow irrigated soybean and to examine the effects of deep tillage and gypsum amendment on yields and water use efficiency (WUE). This experiment was conducted near Stuttgart, AR, across three growing seasons on a soil type described as a fine, smectitic, thermic Typic Albagualf. The soil management treatments were deep tillage, deep tillage/gypsum application, conventional tillage/gypsum application, and conventional tillage. Irrigation treatments (fully irrigated, +1 deficit, +2 deficit, and non‐irrigated), were replicated three times within each soil treatment. Increases in soybean yields above 20% (2013), 9% (2014), and above 10% (2015), were observed in the deep tillage treatments. No yield benefits were observed in the gypsum amendment treatments. The +1 deficit resulted in reduction of irrigation water used and can be used in conjunction with deep tillage to obtain similar yield responses as fully irrigated treatments. In conventional treatments reduction in yield was observed at all levels of irrigation deficit except for fully irrigated treatments, indicating that conventional soil management practices should follow Arkansas allowable deficit recommendation for ET‐based irrigation scheduling as a maximum allowable deficit to prevent yield loss.
Nitrous Oxide Emissions from Surface versus Injected Manure in Perennial Hay Crops
Authors: Sadeghpour Amir , Ketterings Quirine M. , Vermeylen Francoise , Godwin Gregory S. , Czymmek Karl J.
Published: January 2018

Core Ideas

Low‐producing alfalfa and tall fescue stands can benefit from the addition of manure.

Injection of manure (slicing of soil) did not reduce yields of alfalfa or tall fescue.

Impact of manure injection on N2O emissions is weather and species dependent.

When injection of manure does not increase yield, surface application is more economical.

Injecting manure can preserve N, but may mechanically damage the root systems of hay crops such as tall fescue (Festuca arundinacea L.) and alfalfa (Medicago sativa L.). Such damage could result in reduced yield. The objective of this study was to compare the effect of disk‐injected versus surface applied liquid dairy manure on (i) alfalfa and tall fescue dry matter (DM) yield and (ii) nitrous oxide (N2O) emissions. Two manure application methods (injection versus surface application) and two no‐manure controls (injection versus no soil disturbance) were replicated six times in 2014 and 2015 on established hay stands. Manure application increased alfalfa yield from 2.9 to 3.7 and from 4.2 to 5.1 Mg DM ha‐1 in 2014 and 2015, respectively, regardless of application method, suggesting no yield penalty or benefit from injection. Nitrous oxide emissions increased two‐ and six‐fold with manure addition, consistent with higher yields under manure application. Compared with the control treatments, manure addition to tall fescue increased yield by 0.8 and 3.3 Mg ha‐1 in 2014 and 2015, respectively, also with no yield benefit or penalty from injection. Injection of manure did not influence N2O emissions in 2014, but increased emissions by 35% compared with surface application in 2015, and this is consistent with differences in soil moisture that year. Our results indicate injection of liquid manure can be implemented without negatively influencing yield in hay crops, while the impact on N2O emissions can be crop and weather dependent. When injection does not increase yield, the surface application of manure to hay crops is more economical.
O papel do Brasil na evolução das Operações de Paz
Authors: Rodrigues Anselmo De Oliveira , Migon Eduardo Xavier Ferreira Glaser
Published: January 2018

O presente artigo tem como objetivo revisar a evolução conceitual das operações de paz sob a égide da Organização das Nações Unidas (ONU), destacando a contribuição brasileira no contexto dessas. Para isso, inicialmente, é apresentada a preocupação da sociedade com as questões associadas à paz e à guerra, apresentando a criação da ONU nesse cenário. Ainda na primeira seção, é definida a taxonomia do artigo e seus principais aspectos. Nesse enfoque, o presente trabalho tomou, como base de estudo, as operações de paz ocorridas no período compreendido entre o término da 2ª Guerra Mundial e o ano de 2016. Nas quatro seções seguintes, são analisadas as gerações de operações de paz, destacando suas principais características e o papel do Brasil nessa dinâmica, ressaltando os aspectos qualitativos e quantitativos da contribuição brasileira. Na última seção, é realizada uma análise da evolução das missões de paz e a contribuição brasileira nesse processo.
Immunities of Agents of Government from Liability for Infringement of Copyright
Authors: Campbell Enid , Monotti Ann
Published: January 2018

Australia's Copyright Act 1968 (Cth) (‘the Act’) makes several exceptions to the exclusive rights of copyright owners. The effect of these exceptions is to confer an immunity from legal liability for acts which would otherwise constitute an infringement of copyright. Some of the statutory exceptions relate specifically to the use of copyright material by agents of government. Other exceptions are of more general application, though they may be relied upon by agents of government in circumstances not covered by the more specific exceptions.

This article examines not merely the statutory exceptions which relate to and bear upon the acts of agents and organs of government. It examines also the protections against liability for infringement of copyright which are afforded by the laws of parliamentary privilege, legislation concerning printing and publication of parliamentary papers, and freedom of information legislation. Some constitutional issues are also considered.
The Readability of Australia's Goods and Services Tax Legislation: An Empirical Investigation
Authors: Richardson Grant , Smith David
Published: January 2018

The issue of simplification of taxation law has been an important part of the fiscal agenda in Australia since the establishment of the Tax Law Improvement Project (TLIP) back in December 1993. The TLIP, which aimed to simplify income tax legislation embodied in the Income Tax Assessment Act 1936 (Cth) through the use of shorter and clearer sentences and the use of plain English, was conceived in response to widespread criticism that the income tax legislation was difficult to read and understand.

It has been contended that this inherent difficulty in understanding income tax legislation due to the length and complexity of the legislation led to increased costs, both for the taxpayer in the form of increased tax compliance costs, and for the Federal Government in the form of increased tax administration costs. The TLIP's role was to rewrite the primary income tax legislation which culminated in the development of the Income Tax Assessment Act 1997 (Cth).
Terms of Convenience: Examining Constitutional Overrulings by the High Court
Authors: Boeddu Gian , Haigh Richard
Published: January 2018

Imagine this scenario. A court composed of an even number of judges is deciding the constitutionality of national legislation critical to the efficient administration of justice in a federal state. In argument, the chief law officers of all representative governments ask that the legislation be upheld as it was reached through a lengthy negotiated compromise of all the parties. By virtue of an equal split of opinion between the six judges hearing the case, a legislative 'sleight of hand' is triggered and the scheme is found to be constitutional. Twelve months on, the same court agrees to reconsider its previous decision. Things are generally unchanged, the same arguments are presented. The matter, however, is heard by a differently-composed, odd-numbered bench. If ever the combined desire of all governments was that a court should heed the ancient maxim 'stare decisis et non quieta movere–stand by the thing decided and do not disturb the calm'–it would be now. Instead, a majority finds that the same scheme is unconstitutional; it therefore collapses.
Will the High Court ‘WAKIM’ Chapter II of the Constitution?
Authors: Hill Graeme
Published: January 2018

As is well known, the High Court held in Re Wakim; Ex parte McNally that federal courts can only exercise the judicial power of the Commonwealth, and cannot exercise State judicial power. In this article I ask whether the Court would ever take a similar approach to Chapter II of the Constitution, and hold that the Commonwealth executive can only exercise the executive power of the Commonwealth, and not State executive power. If it did, it would probably follow that the executive power of the Commonwealth could only be exercised by the Commonwealth executive, and not by a State executive. Obviously, these twin conclusions would have major implications for existing Commonwealth–State cooperative legislative schemes.

I should stress immediately that I do not think that this is the preferable view. However, for reasons that I explain in Part 2 below, there is an undercurrent in recent decisions that could be taken to suggest that the Commonwealth executive government is limited to performing functions within the scope of Commonwealth legislative power, and cannot be given additional functions.
All at Sea – Constitutional Assumptions and ‘the Executive Power of the Commonwealth’
Authors: Selway Bradley
Published: January 2018

There has been a vigorous debate both judicially and academically about the correct approach to constitutional interpretation. An aspect of that debate has involved the role of assumptions in informing our interpretation of the Constitution. I have argued elsewhere that ‘some assumptions form part of the fabric upon which the written words of the Constitution are superimposed … where the assumption is integral to a proper understanding of the structure and text of the Constitution, it can be both used and applied in constitutional interpretation.’

The ‘executive power of the Commonwealth’ is conferred by s 61 of the Commonwealth Constitution. Section 61 provides that ‘the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General’. Neither that section nor any other informs us as to what ‘the executive power’ is. Nor does the structure of the Commonwealth Constitution provide much of a hint of it.
Federal Limitations on the Legislative Power of the States and the Commonwealth to Bind One Another
Authors: Twomey Anne
Published: January 2018

The principle that the legislature can enact laws which bind the executive is a familiar one. The prerogative can be abrogated or abolished by legislation and the decisions of the executive made subject to administrative review.

More interesting, however, is the relationship within the federation between the legislature of one polity and the executive of another. To what extent can the laws of one polity bind the executive of another, or abrogate or abolish its prerogatives?

The High Court, over the last century, has had a very difficult time in answering these questions. Fundamental though they be to our governmental system, there has never been a clear and consistent principle established to provide ready answers to them. After the centenary of federation, one would think we would understand how the polities within that federation are intended to interact, but we do not.
Due Process, Judicial Power and Chapter III in the New High Court
Authors: Wheeler Fiona
Published: January 2018

A decade ago, members of the High Court recognised an implied guarantee of procedural due process in the exercise of federal judicial power. Polyukhovich v Commonwealth, Leeth v Commonwealth and Chu Kheng Lim v Minister for Immigration were the leading cases. Thus in Lim’s Case, Brennan, Deane and Dawson JJ said that the Commonwealth Parliament cannot require or authorise a Chapter III court ‘to exercise judicial power in a manner which is inconsistent with the essential character of a court or with the nature of judicial power.’ Opinions about the content of this due process principle varied. Most judges accepted that federal judicial power must be exercised consistently with the rules of natural justice. Deane and Gaudron JJ went further, however. They argued that the due process principle guaranteed the fair trial of a federal offence, a requirement that, among other things, would prevent abolition of the inherent power of a court to stay an unfair criminal trial.
Judging Surveys: Experts, Empirical Evidence and Law Reform
Authors: Edmond Gary
Published: January 2018

This article examines the conduct of empirical legal research and its relationship to law reform. Through a detailed analysis of the largest survey of State and federal judges conducted in Australia it explores some of the limits to empirical investigation, particularly the tendency to rely primarily on judicial perspectives as the basis for law reform. Focusing upon empirical legal research on the subject of expert evidence the article initially examines research methodologies, then extends the analysis to consider the correspondence between the collection, interpretation and presentation of empirical data and recommendations for legal change. This involves an assessment of a broad range of methodological and theoretical issues with implications extending well beyond the particular survey. Last, the empirical research on expert evidence will be evaluated using the principal reform proposal suggested by the investigators. This exercise will provide an indication of methodological problems which beset the survey and demonstrate practical limitations with the particular approach to expertise.
The First Paragraph of Section 55
Authors: Sharp P G
Published: January 2018

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.
Federal Collective Bargaining after Electrolux
Authors: Harris Jason
Published: January 2018

The Workplace Relations Act 1996 (Cth) (‘the Act’) pt VIB establishes a framework for the registration and enforcement of certified agreements, which are collective industrial instruments that regulate the employment relationship for a significant proportion of the workforce. The Act provides for agreements between unions of employees and employers and agreements between employers and employees directly. A certified agreement comes into effect only after it is approved by the employer and a ‘valid majority’ of its employees and is registered by the Australian Industrial Relations Commission (‘the Commission’). The significance of registration of a certified agreement lies in the imposition of legally enforceable rights and obligations upon the parties bound by the agreement. One of the most significant obligations imposed on the parties bound by a registered certified agreement is the obligation not to engage in industrial action for the duration of the agreement, which is ordinarily no longer than three years.
A Hard Case Making Bad Law: Purvis V New South Wales and the Role of the Comparator under the Disability Discrimination Act 1992 (CTH)
Authors: Campbell Colin D
Published: January 2018

Pursuant to s 5(1) of the Disability Discrimination Act 1992 (Cth) (“the Act“), an alleged discriminator will have discriminated against a person with a disability if they treat the disabled person less favourably, because of their disability, than they treat or would have treated someone without the disability, ‘in circumstances that are the same or are not materially different'.

A matter crucial to the assessment of whether there has been illegal discrimination for the purposes of the Act, therefore, is what constitutes the circumstances of the aggrieved person's case. In order for there to be a contravention of the Act not only must the alleged discriminator have treated the disabled person less favourably than they would have treated someone without a disability, but the alleged discriminator must have treated the disabled person less favourably than they would have treated someone without a disability who was in the same circumstances as the person with the disability.
Forge V Australian Securities and Investments Commission: The KABLE Principle and the Constitutional Validity of Acting Judges
Authors: Dziedzic Anna
Published: January 2018

In Forge v Australian Securities and Investments Commission the High Court considered whether the appointment of acting judges to a state Supreme Court was constitutionally permissible. By a majority of six to one, the Court found that such appointments were constitutionally valid. The decision is an important illustration of the way that the ‘Kable principle', which works to maintain the institutional integrity of Australia's integrated system of courts, continues to evolve in Australian constitutional law. This casenote examines how the judgments in Forge v ASIC extend the Kable principle to cover the composition and structure of state courts, and seek to link the Kable principle with the text of the Constitution.
The Interpretation of Legal Terms Used in the Definition of Commonwealth Powers
Authors: Stokes Michael
Published: January 2018

Many of the terms the Constitution uses to define Commonwealth legislative powers are legal terms or at least terms well-known to the law with legally defined meanings in 1900. The ordinary meaning of some of these terms is dependent on, and derived from, their legal meaning. Therefore, it is reasonable to assume that their constitutional meaning is consistent with their legal meaning. This poses a problem: what is the legal meaning of a legal term? One answer may be that the legal terms are shorthand for the bundle of legal rights and duties and practices associated with that term. On this view, for example, copyright is shorthand for the legal rules and practices which make up the law of copyright.
The 2006 Independent Contractors Legislation: An Opportunity Missed
Authors: Forsyth Anthony
Published: January 2018

The Independent Contractors Act 2006 (Cth) ('IC Act’) and the Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 (Cth) ('Amendment Act’) implement further key aspects of the federal government's workplace relations policy, following the passage of the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) ('Work Choices Act’). The Work Choices Act substantially amended the Workplace Relations Act 1996 (Cth) ('WR Act’), introducing a national workplace relations system for employers who are (in the main) ‘constitutional corporations’ or federal public sector departments or agencies, and their employees. Through the Work Choices Act, the government also: transferred responsibility for minimum wage-setting from the Australian Industrial Relations Commission ('AIRC’) to a new body, the Australian Fair Pay Commission; provided five minimum statutory employment conditions for all workers covered by the national system; removed much of the procedural regulation relating to workplace agreements and substantive requirements such as the ‘no disadvantage’ test; and exempted businesses with 100 employees or less from unfair dismissal regulation.
Using Judges to Manage Risk: The Case of Thomas V Mowbray
Authors: Meyerson Denise
Published: January 2018

In an illuminating analysis of the concept of justiciability, Geoffrey Marshall distinguishes two senses of the term. In the first, descriptive sense, justiciable issues are issues which have, in fact, been committed by parliaments to a judicial forum. Any question which has been made subject to adjudication is, in the descriptive sense of the word, a justiciable question. In the second, prescriptive sense, justiciable issues are issues which are suitable to be resolved judicially. In the United Kingdom, there is no obstacle to Parliament requiring courts to resolve questions which are not suitable to be resolved judicially. By contrast, in terms of the Australian Constitution, the Chapter III courts are limited to answering questions which are justiciable in the prescriptive sense of the term.
Works of Artistic Craftsmanship in the High Court of Australia: The Exception as Paradigm Copyright Work
Authors: Pila Justine
Published: January 2018

In Burge v Swarbrick, the High Court of Australia delivered an important decision on the most elusive of works protected by copyright: the work of artistic craftsmanship ('WAC’). Drawing on the history and reasons for that protection, and adopting the analysis of Lord Simon in George Hensher Ltd v Restawile Upholstery (Lancs) Ltd, the Court affirmed the orthodox view that such works have ‘special status’ in law on account of their ‘real artistic quality'. In its judgment, whether a work has that quality depends on whether it is a work of craftsmanship the artistic form of expression of which is sufficiently ‘unconstrained by functional considerations'.

In the discussion below I consider that view, and other aspects of the Court's decision. I suggest the requirement for artistic quality is simply a requirement for a WAC ‘not imaginary, unreal or apparent only'. Further, the properties of this type of work are better conceived in historical terms than the formal aesthetic terms of the Court. On this view, whether an object is a WAC depends on both its properties of form and the history of its individual production, meaning the (subjective) intent of its individual author and view of society with respect to its nature.
Metabolite Profile Differences between Beef Longissimus and Psoas Muscles during Display
Authors: Abraham Anupam , Dillwith Jack W. , Mafi Gretchen G. , VanOverbeke Deborah L. , Ramanathan Ranjith
Published: January 2018

The objective of this research was to compare metabolite profiles between beef longissimus and psoas muscles during display. Beef short loins were collected 3 d postmortem (n = 10). Steaks were cut from each longissimus lumborum (LL) and psoas major (PM) muscle and displayed under retail conditions for 7 d. Surface color, biochemical properties, and metabolites were analyzed during storage. PM decreased in redness (P < 0.05) by d 3 of display compared with LL. There were differences in metabolite concentrations (P < 0.05) between each muscle type at each time point. Sugars, amino acids, tricarboxylic acid cycle intermediates, and glycolytic substrates were detected in both muscles. Glycolytic metabolites such as pyruvic acid, glucose–6–phosphate, and fructose were greater (P < 0.05) in LL than PM at all display times. On d 0, the intensity of pyruvic acid in LL and PM were 142 and 42, respectively. Citric acid and succinic acid were lower on d 0, but were greater (P < 0.05) in LL compared with PM by d 7 of display. Carnitine was lower (P < 0.05) in LL than PM at all display times. On d 7, carnitine level in LL was 4.1 while in PM was 13,500. The results suggest that in addition to muscle-specific differences in mitochondrial and enzyme activities, inherent metabolite differences also may contribute to muscle color stability.
Breast Meat Quality and Protein Functionality of Broilers with Different Probiotic Levels and Cyclic Heat Challenge Exposure
Authors: Kim Hyun-Wook , Cramer Traci , Ogbeifun Osamudiamen O. E. , Seo Jin-Kyu , Yan Feifei , Cheng Heng-Wei , Kim Yuan H. Brad
Published: January 2018

This study was performed to evaluate the effect of probiotic feeding level on meat quality and protein functionality of breast muscle from chickens exposed to cyclic heat challenge. A total of 180 one-d-old male chicks were randomly allocated in 36 floor pens. From Day 15, the birds were exposed to 32°C for 10 h daily until the end of the experiment (Day 46). Three dietary treatments containing different levels of probiotic (a mixture of 4 lactic acid bacteria, 5.0 × 109 cfu/g) were prepared; regular diet without probiotic (control), regular diet with 0.5 g of probiotic/kg feed (probiotic 0.5) and regular diet with 1.0 g of probiotic/kg feed (probiotic 1). Both breast muscles (M. pectoralis major) were collected at 24 h postmortem, and the same side breast muscle was assigned to each experiment 1 (meat quality analysis, n = 6) and 2 (protein functionality analysis, n = 3). Probiotic feeding level did not affect initial pH and temperature declines (P > 0.05) of breast muscle until 6 h postmortem. However, the breast muscles from probiotic 1 group (5.92) showed a significantly higher ultimate pH than those from control (5.78) or probiotic 0.5 (5.82) groups at 24 h postmortem. No differences in chemical composition (moisture, protein, fat, ash, and phospholipids), water-holding capacity (cooking loss and display weight loss), shear force, and lipid oxidation stability were found in breast muscles from chickens exposed to cyclic heat challenge, regardless of probiotic levels (P > 0.05). An increase in probiotic level increased total protein solubility (P = 0.0004) and emulsion activity index of sarcoplasmic protein (P = 0.0032) of ground chicken breast. The results from the current study suggest that the supplementation of this commercial probiotic product could partially improve protein functionality of breast muscles from chickens exposed to cyclic heat challenge, in a dose-dependent manner within the applied level.