bluuebunny/crossref_metadata_2025 huggingface dataset:
The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
Authors: Bateman Will
Published: January 2018

The High Court has held that the Constitution entrenches a ‘minimum provision of judicial review’. In the context of privative clauses, the contours of that minimum provision are settled – the supervisory jurisdiction of the High Court and the State Supreme Courts to review for jurisdictional error cannot be excluded. In respect of privative clauses contained in Commonwealth legislation, conflict with s 75(v) of the Constitution provides the constitutional anchor for the minimum provision, while in State jurisdiction the textual anchor is found in the constitutional definition of a ‘court’, as that term is used in Ch III. In respect of other elements of judicial review, particularly the substantive principles of review, the position is radically unclear. One commentator has observed that, if the Constitution does contain principles prohibiting the exclusion of the substantive principles of judicial review, 'it is not obvious where they lie or what the justification for them might be.
Informal Votes at a Constitutional Referendum
Authors: Handley K R
Published: January 2018

Section 128 of the Commonwealth Constitution provides that proposals for constitutional change at a referendum are carried if they are supported by double majorities ‘of the electors voting.’ It is not immediately clear whether informal votes are to be included in the total or denominator when determining whether the yes votes are a majority. The point could determine the result in a future referendum. Indeed if such ‘votes’ are to be included in the total ‘voting’ the referendum on 28 September 1946 to give the Commonwealth additional social security powers would have been lost.

In a paper to the 2002 Conference of the Samuel Griffith Society I expressed the view that informal votes must be included in the denominator, or total, to determine whether ‘the majority of the electors voting approve the proposed law’. Further research has caused me to change my opinion.
A New Coat of Paint: Law and Order and the Refurbishment of Kable
Authors: Appleby Gabrielle J , Williams John M
Published: January 2018

The Kable doctrine is, and has always been, a difficult legal principle to define. For over a decade, and despite much academic attention, it had little consequence for state power. Until recently, the High Court deftly avoided its application by employing a number of techniques. As the politics of law and order in the states have increased, state Parliaments have felt emboldened by these cases to test the outer limits of their legislative power. In such an environment, federal anti-terrorism measures, introduced as extraordinary responses necessary for the exceptional nature of terrorism, have crept into general state policing and expanded. It is in this arena that the Kable doctrine has emerged once again. The principle is now vital to understanding the very real limits of state power, particularly in the law and order arena. This article traces the Court's approach to the principle in three recent cases involving the states' anti-organised crime measures (International Finance Trust Co v New South Wales Crime Commission, South Australia v Totani, and Wainohu v New South Wales) before offering some conclusions about where the current jurisprudence leaves the states and their perpetual campaign to achieve law and order.
Towards Harmonised Company Legislation — ‘Are We There Yet’?
Authors: Barrett R I
Published: January 2018

The enactment of uniform companies legislation in 1961-2 was a significant achievement for a country in which, a century earlier, multiple incorporations of the one body was the norm and a court of one colony questioned the existence of corporate personality created by the law of another. After Federation, business interests increasingly sought uniform State laws. They opposed centralised regulation which, in any event, was beset by constitutional difficulties. Commonwealth legislation eventually became the preferred model as shortcomings of uniform and co-operative mechanisms were progressively exposed. Yet fully harmonised corporations legislation still does not exist. In this paper presented to the 2011 Hartnell Colloquium at the Centre for Commercial Law, Australian National University to mark the fiftieth anniversary of the Uniform Companies Acts, the author sketches the development of Australian companies legislation over the last 150 years.
Military Justice and Chapter III: The Constitutional Basis of Courts Martial
Authors: Crowe Jonathan , Ratnapala Suri
Published: January 2018

The High Court has long struggled with the constitutional status of military tribunals established to hear disciplinary charges against service personnel. The Court's judgments reveal three distinct theories on this issue. The first view holds that military tribunals exercise judicial power, but not ‘the judicial power of the Commonwealth’ within the meaning of s 71 of the Constitution. The second view holds that the power in question is not judicial power at all for constitutional purposes. The third view holds that the power is ‘the judicial power of the Commonwealth’, but can be exercised by courts martial under a limited exception to the rules set out in Chapter III of the Constitution. The first view dominated the High Court's reasoning until Lane v Morrison (2009) 239 CLR 230, where the judges endorsed the second view. This article contends that the first and second views pose insuperable difficulties when placed in their broader constitutional context. The authors therefore argue for the third interpretation. They further argue that the constitutional basis for the third view strongly implies that military tribunals may only exercise jurisdiction over offences by military personnel that relate to service discipline.
A Brief History of the Judicial Review of Legislation under the Australian Constitution
Authors: Stubbs Matthew
Published: January 2018

Although lacking an express mandate, since Federation courts have declared legislation ultra vires if they find it contrary to the Australian Constitution. This article undertakes an historical examination in four parts, to determine whether this judicial review of legislation is legitimate.

First, objections to the institution are identified. Second, the justifications for judicial review of legislation developed in the United States, and expressed in the seminal 1803 decision of Marbury v Madison, are examined. Having identified the twin justifications as the supremacy of the Constitution and the primacy of the judiciary in its interpretation, the third section analyses Australian Federation records to see if these justifications are supported, and whether they rebut the objections raised. Finally, the persistence of these justifications after Federation is demonstrated.

It is concluded that evidence of the supremacy of the Constitution, and the primacy of the judiciary in its interpretation, is sufficient to justify judicial review of legislation under the Australian Constitution.
Excluding Indigenous Australians from ‘The People’: A Reconsideration of Sections 25 and 127 of the Constitution
Authors: Arcioni Elisa
Published: January 2018

Until 1967, Indigenous Australians were excluded from being counted as amongst ‘the people’ in the Australian Constitution, by s 127. That section was deleted by referendum. However, s 25 remains in the Constitution, and allows for the reintroduction of such exclusion. This article is a detailed reconsideration of both sections in light of an understanding of ‘the people’ as a reference to the constitutional community represented by the Parliament. Exclusion of Indigenous Australians prior to 1967 is considered, highlighting the way in which s 127 operated. Then, the position post-1967 is addressed to show that the deletion of s 127 did not result in equality because s 25 continues to provide for racial exclusion. This article argues that this ongoing possibility of exclusion by s 25 affects the nature of the Australian constitutional community, by indicating that it can be racially discriminatory.
The Australian High Court and Social Facts: A Content Analysis Study
Authors: Burns Kylie
Published: January 2018

Judicial reasons often include general statements about the nature and behaviour of people and institutions and the nature of the world and society. These statements might be called social facts (‘SF’) and are made as part of judicial development and general application of law. The presence of SF statements in judicial reasoning in Australian cases has been acknowledged by commentators and judges. However, there has been little empirical examination of this phenomenon. This article discusses a content analysis study of SF in negligence cases in the Australian High Court. This study confirms that judges do refer to SF in their judicial reasoning and that SF play a range of roles in judicial reasoning. This includes predicting social, economic and behavioural consequences of legal rules, as part of setting a context or background to judicial reasons, and as a tool to evaluate adjudicative facts. SF do not generally dominate judicial reasoning. However, they appear to have a significant role to play in certain complex and more important cases. While there were overall commonalities in the way judges used SF, some individual differences between judges emerged. Judges do not use SF in all cases in the same way. Judges referred to SF more in high significance cases, and cases with multiple separate judgments. Judges also referred to SF more in single and dissenting judgments than in joint and majority judgments. Most SF referred to by judges were not sourced or referenced in any way and reference to empirical research was very rare. Where a source or reference for a SF was given by a judge it was usually to a legal source. Most SF appeared to source from judicial ‘common sense’ with the potential dangers this brings to the accuracy and legitimacy of judicial reasoning.
Open Justice: Concepts and Judicial Approaches
Authors: Cunliffe Emma
Published: January 2018

Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice and the articulation of an Australian constitutional principle (of institutional integrity) that has the potential to protect some aspects of open justice. The purposes and values of open justice are, however, rarely examined in a comprehensive or theoretically-informed manner. This article provides a theory of open justice which accounts for its heterogeneous nature. Australian judicial approaches to the substance, limits and constitutional dimensions of open justice are analysed in light of the purposes and values of open justice, and a comparison with the much more coherent Canadian approach is supplied. The author concludes that threats to open justice are best managed by an analytical framework which systematically identifies both the benefits of open justice and the countervailing values that are at stake in a given case, and which seeks to provide maximum protection to all of these values on a case-by-case basis.
Too Soft Or Too Severe? Enforceable Undertakings and the Regulatory Dilemma Facing the Fair Work Ombudsman
Authors: Hardy Tess , Howe John
Published: January 2018

This article reports on the use of enforceable undertakings by the Australian employment standards enforcement agency, the Office of the Fair Work Ombudsman (FWO), and its predecessor, the Workplace Ombudsman. Enforceable undertakings are used by the FWO as an alternative enforcement tool to court litigation in relation to breaches of the Fair Work Act 2009 (Cth), which regulates wages, working hours and other minimum employment conditions. Proponents of enforceable undertakings argue that they deliver value to regulatory agencies as a responsive alternative to traditional, punitive enforcement action. On the other hand, critics have raised concerns about the accountability and effectiveness of this enforcement tool. The authors provide a critical analysis of the FWO's use of enforceable undertakings, including consideration of the decision-making process, content, monitoring and enforcement of undertakings. The analysis is based on a review of all enforceable undertakings concluded in the period from 1 July 2008 to 30 June 2012, as well as qualitative interviews with approximately 60 inspectors, managers and lawyers of the FWO, and a number of specialist workplace relations lawyers. The article reveals that the FWO has made limited but promising use of enforceable undertakings in the review period. Through deployment of enforceable undertakings, the FWO has demonstrated that it has a mix of regulatory approaches available to it that are consistent with the key principles of responsive regulation. The number of enforceable undertakings accepted by the FWO, however, remains fairly limited. We set out a number of ways in which the regulator may maximise the utilisation of enforceable undertakings, and more fully realise the regulatory benefits of this particular compliance tool.
Constitutional Interpretation, the High Court, and the Discipline of History
Authors: Irving Helen
Published: January 2018

The use of history in constitutional interpretation is widespread. It is defended by scholars and practised by judges, both in Australia and, in particular, the United States. Originalism, as this practice has come to be known, also attracts many critics. There is extensive debate, for example, about whether originalism disguises or serves political agendas, or whether constitutional pre-commitment is legitimate: in short, whether the present should be bound by the past. Originalism comes in many forms, but common to all is the assumption that the meaning of constitutional provisions is to be found in the past. Critics challenge this assumption primarily on normative grounds. What originalists and critics alike rarely consider is whether, and, if so, how, it is possible to know the relevant history. Surprisingly little attention has been paid to this fundamental methodological question: if history is to guide constitutional interpretation, how should the courts ‘do’ history? What are the disciplinary rules of research that should be followed if historical meaning is genuinely to be delivered?

This paper explores what conventional historians do (and the fallacies and errors they attempt to avoid), and identifies some of the basic rules of historical methodology, an awareness of which is a precondition for any claim to interpret historically. It surveys the High Court of Australia's record of reference to Australia's constitution-framing, including and following the leading ‘originalist’ case, Cole v Whitfield (1988) 165 CLR 360. It considers several alternative ways in which judges might approach the use of history methodologically, albeit without becoming historians. It neither defends nor contests originalism but concludes that history should be used in constitutional interpretation only with great care and only rarely.
Confusion of Tongues: Constitutional Recognition of Languages and Language Rights in Australia
Authors: Reilly Alexander
Published: January 2018

This article considers the YouMeUnity Report proposal for the inclusion of new language provisions in the Australian Constitution as part of a package of reforms for the constitutional recognition of Aboriginal and Torres Strait Islander people. The article outlines the important symbolic and substantive effects of recognising language rights in the Constitution. The article explains how the recognition of a national language and the recognition of minority languages are conceptually distinct — promoting a national language is aimed at promoting national unity and enhancing the political and economic participation of individuals in the state, whereas protecting minority languages is aimed at recognising linguistic diversity, enriching the cultural life of the State, maintaining connections with other nations, and recognising language choice as a basic human right. The article argues that there is a strong case for minority language recognition, and in particular, the recognition of Aboriginal and Torres Strait Islander languages, in the Australian Constitution, but warns against the recognition of English as the national language.
Democracy, Liberty and the Prerogative: The Displacement of Inherent Executive Power by Statute
Authors: Saunders Benjamin B
Published: January 2018

This article analyses arguments that the prerogative should be readily displaced by statute, where a statute deals with a subject matter similar to a prerogative. It does so by examining the leading cases on displacement of the prerogative in the United Kingdom and the Australian states, and displacement of the Australian Commonwealth's inherent executive power. The cases do not adopt a single rule but the question of whether a statute will be taken to displace a prerogative is highly dependent on the facts and the provisions of the particular statute. This article defends the current approach to displacement, for three reasons. First, the courts do not allow governments to subvert or ignore statutes by using the prerogative. Secondly, the courts have almost always decided in favour of liberty and against the conferral of coercive powers on government. Thirdly, a single rule could not do justice to all the variables involved in displacement cases. Ordinary principles of statutory interpretation are sufficient to deal with questions of displacement.
The Role of Contextual Meaning in Judicial Interpretation
Authors: Crowe Jonathan
Published: January 2018

This article examines the relevance to judicial interpretation of contextual meaning: the meaning legal texts hold when considered in full light of their social and moral context. I argue first that, as a descriptive matter, contextual meaning is necessarily prior to any more restricted form of textual interpretation; that is, the contextual meaning of a legal text is its ordinary meaning. I then contend that, as a normative matter, judges should presumptively apply ordinary or contextual meaning when construing legal materials. The remainder of the article explores the nature and limitations of the contextualist model of judicial practice. The possibility of conflicts between contextual factors at different levels of abstraction makes it necessary to distinguish narrow and wide versions of the contextualist methodology. I argue that wide contextualism offers the best overall account of judicial interpretation. I conclude by examining the practical and normative limitations of this model.
Native Title Tax Reforms: Bull's Eye or Wide of the Mark?
Authors: Murray Ian
Published: January 2018

Twenty years on from Mabo v Queensland (No 2) (1992) 175 CLR 1, there is change afoot in the tax treatment of native title. On 25 June 2013, the federal Parliament passed reforms which render certain payments to, or for the benefit of, Indigenous persons exempt from income tax. To qualify, the payments must be made under native title agreements for acts affecting native title, or by way of compensation under the Native Title Act 1993 (Cth). While drafted in simple language, the reforms apply against a complex factual backdrop of native title agreements, trust structures and social policy issues.

This paper argues that the reforms are likely to cause significant implementation difficulties for energy and resources proponents and Indigenous groups. They also raise potential hurdles for the government's objectives of reducing uncertainty in the tax treatment of native title rights and of improving economic and social outcomes for native title groups. The significance of these problems is highlighted by the scale of benefits under native title agreements over land access. The paper therefore questions whether an earlier option raised by the government, an Indigenous Community Fund model, deserves further consideration. It would more directly link tax exemption to outcomes, would improve the certainty of tax treatment and would also better support the intermediary Indigenous benefits management institutions which will play a critical role in achieving those outcomes.
Nondepressive Psychosocial Factors and CKD Outcomes in Black Americans
Authors: Lunyera Joseph , Davenport Clemontina A. , Bhavsar Nrupen A. , Sims Mario , Scialla Julia , Pendergast Jane , Hall Rasheeda , Tyson Crystal C. , Russell Jennifer St. Clair , Wang Wei , Correa Adolfo , Boulware L. Ebony , Diamantidis Clarissa J.
Published: January 2018

Background and objectives

Established risk factors for CKD do not fully account for risk of CKD in black Americans. We studied the association of nondepressive psychosocial factors with risk of CKD in the Jackson Heart Study.

Design, setting, participants, & measurements

We used principal component analysis to identify underlying constructs from 12 psychosocial baseline variables (perceived daily, lifetime, and burden of lifetime discrimination; stress; anger in; anger out; hostility; pessimism; John Henryism; spirituality; perceived social status; and social support). Using multivariable models adjusted for demographics and comorbidity, we examined the association of psychosocial variables with baseline CKD prevalence, eGFR decline, and incident CKD during follow-up.

Results

Of 3390 (64%) Jackson Heart Study participants with the required data, 656 (19%) had prevalent CKD. Those with CKD (versus no CKD) had lower perceived daily (mean [SD] score =7.6 [8.5] versus 9.7 [9.0]) and lifetime discrimination (2.5 [2.0] versus 3.1 [2.2]), lower perceived stress (4.2 [4.0] versus 5.2 [4.4]), higher hostility (12.1 [5.2] versus 11.5 [4.8]), higher John Henryism (30.0 [4.8] versus 29.7 [4.4]), and higher pessimism (2.3 [2.2] versus 2.0 [2.1]; all P<0.05). Principal component analysis identified three factors from the 12 psychosocial variables: factor 1, life stressors (perceived discrimination, stress); factor 2, moods (anger, hostility); and, factor 3, coping strategies (John Henryism, spirituality, social status, social support). After adjustments, factor 1 (life stressors) was negatively associated with prevalent CKD at baseline among women only: odds ratio, 0.76 (95% confidence interval, 0.65 to 0.89). After a median follow-up of 8 years, identified psychosocial factors were not significantly associated with eGFR decline (life stressors: β=0.08; 95% confidence interval, −0.02 to 0.17; moods: β=0.03; 95% confidence interval, −0.06 to 0.13; coping: β=−0.02; 95% confidence interval, −0.12 to 0.08) or incident CKD (life stressors: odds ratio, 1.07; 95% confidence interval, 0.88 to 1.29; moods: odds ratio, 1.02; 95% confidence interval, 0.84 to 1.24; coping: odds ratio, 0.91; 95% confidence interval, 0.75 to 1.11).

Conclusions

Greater life stressors were associated with lower prevalence of CKD at baseline in the Jackson Heart Study. However, psychosocial factors were not associated with risk of CKD over a median follow-up of 8 years.

Podcast

This article contains a podcast at https://www.asn-online.org/media/podcast/CJASN/2018_01_03_CJASNPodcast_18_2_L.mp3
Proceso enseñanza aprendizaje sobre el abordaje de pacientes diabéticos con cetoacidosis en médicos residentes de pediatría, en el Hospital Materno Infantil San Lorenzo de los Mina
Authors: Féliz Pérez Ángel Smailyn , Rodríguez Carlos Marcos , Almánzar Rosario
Published: January 2018

Con el objetivo de determinar el proceso enseñanza aprendizaje sobre el abordaje de pacientes diabéticos con cetoacidosis que tienen los médicos residentes de pediatría del Hospital materno infantil San Lorenzo de Los Mina, se realizó un estudio descriptivo y de corte transversal en dicho hospital. En este estudio se encontraron los siguientes resultados: en sentido general, el proceso enseñanza aprendizaje de los residentes es regular (27.5%). La mayoría de los residentes no ha tenido contacto alguno con pacientes que padezcan cetoacidosis y afirman haber adquirido sus conocimientos en conferencias. El 75.36% expresó que los pacientes no respondieron al tratamiento. Finalmente, se reveló que los residentes de segundo año son los que poseen el mejor conocimiento sobre cetoacidosis diabética.
Uso de hormona del crecimiento en el síndrome de Prader-Willi
Authors: Guillén Denny , Almánzar Rosario , Mena Canto Rafael
Published: January 2018

El Síndrome de Prader-Willi es una alteración genética con grados variables de expresión que puede comprometer la vida del paciente y su desempeño en la sociedad. Su frecuencia de aparición es de 1/10.000 recién nacidos. El uso de la hormona del crecimiento en estos niños, a partir del año 2000, ha mejorado considerablemente las condiciones de salud de estos pacientes, siendo la hipotonía el mayor factor de riesgo para la vida de los mismos. Los efectos de la somatotropina recombinante sobre la tonicidad muscular de los casos que presentamos sugieren que es urgente su reconocimiento temprano y el uso de esta hormona en los afectados.
ENHANCING INNOVATION ROLES OF PESANTREN BUSINESS INCUBATOR IN PONDOK PESANTREN SUNAN DRAJAT
Authors: Ahwarumi Biyati , Sawarjuwono Tjiptohadi
Published: January 2018

Business Incubator is one of PPSD’s (Pondok Pesantren Sunan Drajat) sub-units that supports their owneconomy independency. PPSD have existed as an important part of education, social and especially economic institution for Muslim community in East Java. Each year, Muslim intellectuals graduate from PPDS as Santri graduates, and mostly work, not only as religion teachers, but also as entrepreneurs, back in their hometown. The phenomenon of Santri Entrepreneurs appears to be the main inspiration for Business Incubator foundation. The researcher subsequently observes such phenomenon, also known as Santri anti-poverty agent, by using Action Research method as a base of observation for data collecting, analysis and synthesis process. The aim is to describe innovative methods of PPSD’s Business Incubator in generating entrepreneurs along with pesantren ecosystem where this research was conducted. The research findings are the description of knowledge management and recommendation for developing entrepreneurship within incubator related to PPSD policy.
ANALISIS DAMPAK TARIF IMPOR TERHADAP PERKEMBANGAN NERACA PERDAGANGAN INDONESIA (Periode 1995.1 – 2005.4)
Authors: Malik Nazaruddin , Wulandari Kusuma
Published: January 2018

One of the used policy form government to push exporting to be natural balance of trade surplus (X>M) is with imposition of import tariff. This research aim to know tariff impact import to growth of balance of trade in Indonesia [at] period 1995.1-2005.4. By using Linier Model analysis method Dinamik (MLD) through approach of Error Correction Model (ECM), known that import tariff have an effect on positive to growth of balance of trade. Its meaning, if natural tariff of increase hence will give impact go up him growth of balance of trade (surplus) which significant.
O II ENCONTRO NACIONAL DE MULHERES NEGRAS PELO OLHAR DAS ATIVISTAS BAIANA
Authors: Conceição Santos Ana Cristina
Published: January 2018

Este artigo trata do II Encontro Nacional de Mulheres Negras, que aconteceu em Salvador, em 1991. Temos como objetivo analisar como as ativistas baianas se articularam com as organizações nacionais ligadas a esse segmento, quais os entraves e desafios enfrentados, quais os temas debatidos e quais os resultados desse encontro.
ESTIGMA E PRECONCEITO NA EDUCAÇÃO INFANTIL E ANOS INICIAIS DO ENSINO FUNDAMENTAL
Authors: Dias de Freitas Maria Jose , Da Silva Brêtas Jose Roberto
Published: January 2018

O presente estudo teve como objetivo identificar as principais percepções de professoras de uma escola pública sobre as manifestações da sexualidade da criança no ambiente escolar. A partir da coleta de dados realizada por grupo focal, emergiram estigma e preconceito acerca da orientação sexual. O estudo aponta para questões importantes a serem incluídas na formação inicial e continuada de professores.
EM DEFESA DE UMA VISÃO EVOLUCIONÁRIA DA VIOLÊNCIA CONTRA A MULHER
Authors: Nasser Appel Tiago
Published: January 2018

Este artigo oferece uma visão evolucionária da violência contra a mulher e desenvolve, a partir das biólogas Barbara Smuts, Patricia Gowaty e outros, uma teoria evolucionária do patriarcado. Primeiro introduzimos asociobiologia e explicamos como o conflito entre as estratégias reprodutivas masculina e feminina pode tão facilmente levar à violência. Na sessão seguinte reforçamos com o estudo dos chimpanzés – nossos parentes vivos mais próximos – a ideia de que muito do comportamento humano é derivado de milhões de anos de adaptações evolutivas. Feito isso, apresentamos um modelo evolucionário da violência contra a mulher para depois, na conclusão, esboçar uma teoria evolucionária do patriarcado.
A PROPAGAÇÃO DA HOMOFOBIA A PARTIR DE UM GRUPO DE RELIGIOSOS CRISTÃOS
Authors: Niedermeyer Orth Glaucia Mayara , Copacheski Santos Aline , Cordeiro dos Santos Edivaldo , Prestes Carneiro Fernanda , De Oliveira Moreira Jessica Daiane , Dos Santos Pedroso Maria Ivonilda
Published: January 2018

O presente artigo objetiva investigar a influência dos valores religiosos cristãos na construção da homofobia no Brasil. A pesquisa qualitativa foi dividida em uma parte bibliográfica e outra empírica, sendo que os sujeitos participaram de um grupo focal para o debate do tema. Os resultados foram organizados em três categorias: a família homoparental: sua (des)legitimidade na visão cristã; a contribuição da Igreja na construção de um pensamento homofóbico; a contradição cristã: amar o próximo apesar de ser homossexual. O desenvolvimento da análise foi apoiado em Michel Foucault e Pierre Bourdieu.
Characteristics of subspontaneous dispersal of Kentucky coffetree (Gymnocladus dioicus (L). K. Koch)in Topcider
Authors: Bobinac Martin , Andrasev Sinisa , Susic Nikola , Bauer-Zivkovic Andrijana
Published: January 2018

The paper presents the occurrence of subspontaneous dispersal of Kentucky
coffeetree in the park-forest which is a part of a protected natural area
"Topciderski park" in Belgrade. In 1949, three trees of Kentucky
coffeetree not older than 85 years were recorded. In 2016, one sexually
reproductive tree was recorded in Topcider which is assumed to be one of the
three "mother" trees recorded in 1949. The diameter at breast height is
94.6 cm and the height of the tree is 24.1 m. During the past seven decades,
the Kentucky coffeetree regenerated successfully from seed and root suckers
in the area that was under anthropogenic influence and was left to
succession, but the Kentucky coffeetree has not shown invasiveness. In the
area of subspontaneous dispersal of Kentucky coffeetree (0.25 ha), all the
trees that had diameter at breast height 1.0 cm and more were measured.
Fourteen tree and shrub species were identified with a total of 624 trees
and Kentucky coffeetree was the most represented species with 326 trees
(52.2%). In the subspontaneous regenerated group of Kentucky coffeetree, the
diameter at breast height of the thickest tree is 48.2 cm and the highest
tree is 25.5 m tall. The diameter structure of Kentucky coffeetree trees
shows the declining distribution. Compared to the habitus of "mother"
tree, that has a slenderness of 25, the habitus of the dominant and
codominant trees in the subspontaneous regenereted group of Kentucky
coffeetree is characterized by slenderness of 75-110 that is characteristic
of the trees grown in the stand closure.
Highly Angiogenic, Nonthrombogenic Bone Marrow Mononuclear Cell–Derived Spheroids in Intraportal Islet Transplantation
Authors: Oh Bae Jun , Jin Sang-Man , Hwang Yoonha , Choi Jin Myung , Lee Han-Sin , Kim Gyuri , Kim Geunsoo , Park Hyo Jun , Kim Pilhan , Kim Sung Joo , Kim Jae Hyeon
Published: January 2018

Highly angiogenic bone marrow mononuclear cell–derived spheroids (BM-spheroids), formed by selective proliferation of the CD31+CD14+CD34+ monocyte subset via three-dimensional (3D) culture, have had robust angiogenetic capacity in rodent syngeneic renal subcapsular islet transplantation. We wondered whether the efficacy of BM-spheroids could be demonstrated in clinically relevant intraportal islet transplantation models without increasing the risk of portal thrombosis. The thrombogenic potential of intraportally infused BM-spheroids was compared with that of mesenchymal stem cells (MSCs) and MSC-derived spheroids (MSC-spheroids). The angiogenic efficacy and persistence in portal sinusoids of BM-spheroids were examined in rodent syngeneic and primate allogeneic intraportal islet transplantation models. In contrast to MSCs and MSC-spheroids, intraportal infusion of BM-spheroids did not evoke portal thrombosis. BM-spheroids had robust angiogenetic capacity in both the rodent and primate intraportal islet transplantation models and improved posttransplant glycemic outcomes. MRI and intravital microscopy findings revealed the persistence of intraportally infused BM-spheroids in portal sinusoids. Intraportal cotransplantation of allogeneic islets with autologous BM-spheroids in nonhuman primates further confirmed the clinical feasibility of this approach. In conclusion, cotransplantation of BM-spheroids enhances intraportal islet transplantation outcome without portal thrombosis in mice and nonhuman primates. Generating BM-spheroids by 3D culture prevented the rapid migration and disappearance of intraportally infused therapeutic cells.
Effects of Pemafibrate, a Novel Selective PPARα Modulator, on Lipid and Glucose Metabolism in Patients With Type 2 Diabetes and Hypertriglyceridemia: A Randomized, Double-Blind, Placebo-Controlled, Phase 3 Trial
Authors: Araki Eiichi , Yamashita Shizuya , Arai Hidenori , Yokote Koutaro , Satoh Jo , Inoguchi Toyoshi , Nakamura Jiro , Maegawa Hiroshi , Yoshioka Narihito , Tanizawa Yukio , Watada Hirotaka , Suganami Hideki , Ishibashi Shun
Published: January 2018

OBJECTIVE

Type 2 diabetes is frequently complicated with atherogenic dyslipidemia. This study aimed to evaluate the efficacy and safety of pemafibrate (K-877) in patients with type 2 diabetes comorbid with hypertriglyceridemia.

RESEARCH DESIGN AND METHODS

Patients were randomly assigned to three groups and received placebo (n = 57), 0.2 mg/day pemafibrate (n = 54), or 0.4 mg/day pemafibrate (n = 55) for 24 weeks (treatment period 1). Subsequently, the patients received follow-up treatment for another 28 weeks (treatment period 2), in which the placebo was switched to 0.2 mg/day pemafibrate. This article presents the results of treatment period 1, which were the primary objectives.

RESULTS

The pemafibrate groups showed significantly reduced fasting serum triglyceride levels by ∼45% compared with the placebo group (P < 0.001). Additionally, the pemafibrate groups displayed significant decreases in non-HDL and remnant lipoprotein cholesterol, apolipoprotein (Apo) B100, ApoB48, and ApoCIII levels and significant increases in HDL cholesterol and ApoA-I levels. LDL cholesterol levels were not considerably altered in the pemafibrate groups. Furthermore, the 0.2 mg/day pemafibrate group showed a significantly reduced HOMA–insulin resistance score compared with the placebo group; however, no significant changes compared with placebo were found in fasting plasma glucose, fasting insulin, glycoalbumin, or HbA1c levels. The pemafibrate groups also showed significantly increased fibroblast growth factor 21 levels compared with the placebo group. All groups displayed comparable rates of adverse events and drug reactions.

CONCLUSIONS

Pemafibrate significantly ameliorated lipid abnormalities and was well tolerated in patients with type 2 diabetes comorbid with hypertriglyceridemia.
Condensation and subsequent freezing delays as a result of using femtosecond laser functionalized surfaces
Authors: Huang Chongji , Bell Ryan , Tsubaki Alfred , Zuhlke Craig A. , Alexander Dennis R.
Published: January 2018

In this paper, the authors report on the use of femtosecond laser surface processing (FLSP) to enhance the anti-icing properties of a commonly used aircraft alloy, Al 7075-O Clad. By changing the surface morphology through FLSP and the surface chemistry through siloxane vapor deposition, the wettability of Al 7075-O Clad was altered. Tall mound and short mound FLSP functionalized surfaces were created through two sets of laser parameters. Condensation and the subsequent freezing of condensates on FLSP Al 7075-O Clad was studied. Both structure height and surface wettability were shown to play a role in the delay of freezing. Freezing occurred on the FLSP superhydrophilic surface faster than on the unprocessed Al 7075-O Clad surface; however, freezing was delayed for all superhydrophobic FLSP surfaces. Tall structure height FLSP functionalized surfaces delayed freezing time longer than short structure height FLSP functionalized surfaces although all were superhydrophobic. It was shown that FLSP functionalized surfaces were able to delay freezing by up to 530 s compared with unprocessed Al 7075-O Clad. The authors also report on self-propelled condensate jumping on FLSP surfaces during the condensing process. The self-propelled jumping phenomena provide a means to promote anti-icing of materials, especially where jumping drops can be swept away in flow conditions.
Laser induced surface and structural modification of germanium in liquid environments
Authors: Iqbal Muhammad Hassan , Bashir Shazia
Published: January 2018

Laser-induced surface and structural modifications of germanium (Ge) in liquid environments of deionized water and ethanol have been investigated. Single crystal Ge (100) has been exposed by KrF excimer laser at four different fluences. Scanning electron microscope analysis reveals the formation of cavities, cracks, and ripples in case of ablation in deionized water, whereas the formation of cavities, ridges, and pores is observed in case of ablation in ethanol. The distinctness, density, and size of cavities are significantly larger in deionized water as compared to ethanol. It is attributed to lower absorption coefficient of deionized water (0.2 × 10−2/mm) as compared to ethanol (1.2 × 10−2/mm) for 248 nm, and consequently, more energy deposition to Ge takes place in the case of ablation in deionized water as compared to ethanol. Fourier transform infrared spectroscopy shows the formation of C-H stretching vibration band in case of ethanol at two moderate fluences. Raman spectroscopy reveals that only Ge-Ge band is formed at 300 cm−1 in both environmental conditions. The electrical conductivity of the irradiated Ge has been increased as compared to unirradiated Ge. However, it was observed that conductivity decreases with increasing laser fluence and also shows a strong dependence on ambient environment.
Understanding the effect of oxygen on weld pool and keyhole in laser beam welding
Authors: He Lugui , Zhao Haiyan , Niu Wenchong
Published: January 2018

The deep penetration laser welding process involves complex physical phenomena and widely concerned areas. In this paper, a transient multiphase full coupled model rigorously incorporating the physical process and presenting the effect of oxygen on weld pool is proposed. The phenomena of inverse Bremsstrahlung absorption, scattering and plasma induced refraction are discussed to renew the heat source, which consists of incident laser energy and vapor plume. A series of CO2 and fiber laser welding experiments are executed to validate the model. The scattering phenomenon and the interaction between the scattering behavior and different oxygen environments are discussed. The effects of oxygen on the molten pool and keyhole are investigated with the proposed model. The investigation proves that oxygen presence will improve the laser energy focusing state by attenuating the Mie scattering phenomenon and laser's refraction, and suppress the flow intersection on the rear keyhole wall by changing the direction of Marangoni convection. The weld width will be reduced, weld penetration will be increased, and the porosity in the molten pool will be suppressed eventually.
Political Activism
Authors: Hajibaba Homa , Dolnicar Sara
Published: January 2018

This chapter explores the engagement of peer-to-peer accommodation networks in activities not aligning directly with their corporate mission, including corporate social responsibility and activism. While corporate social responsibility aligns with societal values, activism often seeks to change them, thus potentially alienating customers. Yet Airbnb – the internationally leading commercial peer-to-peer accommodation network – is very proactively engaged in political activism, including fighting for marriage equality and against the tightening of US immigration law.
GRAMATICAL FUNCTIONS IN INDONESIAN RELATIVE CLAUSES IN FOREIGN STUDENTS’ WRITING
Authors: Sari Anggun Melati , Andayani Andayani , Sumarlam Sumarlam
Published: January 2018

This study aims to describe the grammatical function of the Indonesian relative clauses found on the foreign students' academic degree program at Technical Manager Unit Language (UPTBahasa) University SebelasMaret Surakarta. Data used in the form of writing, the sentences in the written essays of foreign students contained relative clauses. The techniques of data analysis use apportion method and advanced techniques of apportion method. The result of this study shows that the process of relativizationthat occurs in Indonesian can only relate the subject function. As the development of linguistics, the process of relativizationalso occurs in the object. Relativization on object will be accepted when it is altered through the passage process. In addition, the process of relativizationthat occurs can be through the steps, namely the obliteration strategy. The obliteration strategy serves to dissipate the nominative which relating its relative clauses. This research has concluded that the relativizationprocess of relative clauses in Indonesian only occurs in the subject. Then, the most frequently usedrelativizationin Indonesian is the obliteration strategy.Keywords: Indonesian for foreign speakers, grammatical functions, strategy obliteration, relative clausesFUNGSI GRAMATIKAL DALAM KLAUSA RELATIF BAHASA INDONESIA PADA KARANGAN MAHASISWA ASINGAbstrakPenelitian ini bertujuan untuk mendiskripsikan tentang fungsi gramatikal klausa relatif bahasa Indonesia yang ditemukan pada karangan mahasiswa asing program darmasiswa level akademik di UPT Bahasa Universitas Sebelas Maret Surakarta. Data yang digunakan berupa data tulis, yakni kalimat-kalimat dalam karangan mahasiswa asing yang didalamnya terdapat klausa relatif. Teknik analisis data menggunakan metode agih dan teknik lanjutan dari metode agih. Hasil penelitian ini menunjukkan bahwa proses perelatifan yang terjadi dalam bahasa Indonesia hanya dapat merelatifkan fungsi subjek. Seiring perkembangan ilmu kebahasaan, proses perelatifan terjadi juga pada objek. Perelatifan pada objek akan berterima apabila diubah melalui proses pemasifan. Selain itu, proses perelatifan yang terjadi dapat melalui langkah-langkah, yakni strategi obliteration. Strategi obliteration berfungsi untuk melesapkan nomina yang direlatifkan dalam klausa relatifnya. Penelitian ini memeroleh simpulan bahwa proses perelatifan klausa relatif dalam bahasa Indonesia hanya terjadi pada subjek. Kemudian, strategi perelatifan dalam bahasa Indonesia yang sering digunakan adalah strategi obliteration. Kata Kunci: bahasa Indonesia bagi penutur asing, fungsi gramatikal, strategi obliteration, klausa relatif
PENGARUH INFRASTRUKTUR TERHADAP PRODUKTIVITAS EKONOMI DI PULAU JAWA PERIODE 2000-2008
Authors: Widayati Enik
Published: January 2018

Enik WidayatiKaryawan PT. Cikarang InlandportEmail : pinkitubagus@roketmail.comAbstractInfrastructure is a means to realize the success of a region to increase economicproductivity will also increase economic growth. Economic infrastructure (roads,electricity, telephone, and water) have the potential for it. Like the way that can reducethe cost transoprtasi and simplify the transportation of goods, clean water is available toimprove the quality of healthcare. In this study authors would like to know how theinfluence of economic infrastructure such as roads, electricity, telephone and water supplyon economic productivity in Java (DKI Jakarta, West Java, Central Java, Yogyakarta, EastJava and Banten). The analysis was done using panel data is the data infrastructure(roads, electricity, telephone and water) from 6 provinces in Java Island from 2000 until2008. Processing is accomplished using the eViews 6 with Fixed Effects method. Theregression result shows that the economic infrastructure (roads, electricity, telephone,and water) effect on productivity. Road infrastructure to provide the greatest effectcompared with other infrastructure. So the policy implications of the results of this studyis that the government should pay more attention to infrastructure development becauseof infrastructure will greatly contribute in the economic productivity of priority areas,especially the handling of road infrastructure.Keywords: Productivity, infrastructure roads, electricity, telephone, and water supply
ANALISIS STRUKTUR PASAR INDUSTRI KARET DAN BARANG KARET PERIODE TAHUN 2009
Authors: Rizkyanti Adisty
Published: January 2018

The purpose of this research is to acknowledge and to analyze the marketingstructure in the industry of rubber and the product itself in Indonesia duringthe year of 2009. The industrial rubber and the product itself are expected toplay a vital role in escalating more employment opportunities as well as apositive economical growth. With the role stated above, one can cultivatesand presents a developing direction so that it can compete with otherindustrial sectors in the economic perspective.The data obtained will be a secondary data. The instruments that are used toanalyze the marketing structure would be CRn (the concentration of ratio n)and IHH (Herfindahl-Hirschman Index). Subsequently the marketing structureof the rubber industry and the rubber product itself in Indonesia will also beanalyzed descriptively. The data is obtained from BPS and the nation’s Ministryof Industry.By analyzing the marketing structure using the concentration ratio methodattained from the four of the largest companies in the market share (CR4),one can fabricate a conclusion regarding the marketing structure of therubber industry and the product in Indonesia during the year of 2009 to bededuced as an ol igopoly marketing structure.
ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI IMPOR BERAS DI INDONESIA PERIODE 2000:01 – 2009:04
Authors: Salsyabilla Malyda Husna
Published: January 2018

This study aims to determine the efficiency levels of cigarettes industry in Indonesia. The analysis tools used in this study is the DEA (Data Envelopment Analysis) method of analysis. Expecially for the “Go Public” firms those are PT BAT Indonesia, PT Bentoel, PT Gudang Garam, PT HM Sampoerna. The research, used secondary data, from the Indonesian Capital Market Directory year 2006 - 2008. Variables used in the study consist of four input variables and two output variables. Its input variables consist of labor, Debt, Capital, and Total Asset, whiles its output variable consist of Net Sales and Gross Profit. The research results show that there only two companies that consistent to maintained the level of efficiency of 100% during the study, namely PT BAT Indonesia and PT HM Sampoerna. Meanwhile, two other companies show their performance levels efficiency have not stabillized during the study, namely PT Bentoel and PT Gudang Garam.