bluuebunny/crossref_metadata_2025 huggingface dataset:
In Whose Interest? The Need for Consistency in to Whom, and about Whom, Australian Public Interest Whistleblowers can make Protected Disclosures
Authors: Latimer Paul , Brown A J
Published: April 2016

Since the 1990s Australia’s nine jurisdictions have passed (or, in the case of the Northern Territory, proposed to pass) public sector whistleblower legislation. The legislation, which reflects different political origins and legislative aims, is not consistent in many respects and there are few common tests across the jurisdictions. This article analyses two issues - who the Australian whistleblower
can disclose to, and who the whistleblower can make protected disclosures about. The examination of these issues indicates inconsistencies in the public law whistleblower laws enacted since the 1990s. This inconsistency is not sensible in Australia’s national economy, where an employee in one State can make a protected disclosure, but an employee in another cannot make the same disclosure. This article supports the election commitment of the Rudd federal government in 2007 to introduce best practice federal whistleblowing legislation which will hopefully overcome shortcomings analysed in this article.
Occupational Health and Safety Duties to Protect Outworkers: The Failure of Regulatory Intervention and Calls for Reform
Authors: Harpur Paul
Published: April 2016

Many Australian outworkers, especially recent immigrants working from home, currently endure poor working conditions. Outworkers often toil without traditional industrial support. Most retailers and suppliers do not monitor working conditions at the base of the supply chain. Occupational health and safety protections are often not enforced in practice. Increased obligations for retailers and suppliers at the top of the supply chain would reduce the violation of fair working conditions.
Analysis and Evaluation of Victorian Reform in General Damages for Personal Injury under the Tort of Negligence
Authors: Chu John
Published: April 2016

This article examines the current legislative structures in Victoria for compensating non-economic losses for personal injuries under the tort of negligence. It first provides a background on the tort of negligence in general and damages for non-economic losses in particular. It then outlines the changes that have swept through Victoria and in the rest of Australia for comparative purposes. This article offers a critique of the rationale and justification for those changes, analyses the implications of the changes at both Victorian and Commonwealth levels across the public, professional and product liability areas, and concludes with a discussion of the overall effect of the Victorian reforms.
Evidence, Community Protection and Liberty in Australian Post-Sentence Protection Legislation
Authors: Smith Geoffrey
Published: April 2016

This article addresses a number of issues regarding post-sentence detention order regimes in the context of an analysis of a collection of publicly available judgments made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The article raises concerns regarding the accuracy of the psychiatric evidence presented to the court. However, it
suggests that the way in which the psychiatrists conduct their prisoner assessments, and the way in which judges have applied the main rules of expert evidence, have combined to ensure that the potential for unjust outcomes has been minimised. The article also suggests that judges have
struck a fine balance between community protection and prisoner liberty, by in most cases making supervision orders which allow prisoners to be released into the community under strict conditions, rather than making detention orders. As no prisoner released under a supervision order is known to have committed a further sex offence, it is the conclusion of this
article that the judges’ approach to cases under the dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) has been highly successful, and may represent a solution to the serious problem of recidivist sex offenders within the community.
The Law of the Jungle: Advocating for Animals in Australia
Authors: Glasgow David
Published: April 2016

A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the
important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does this by appraising
the obstacles in the way of animal protectionism and exploring what makes an effective lawyer advocate. It then uses a case study of battery hens to demonstrate the valuable role lawyers can play to support the animal cause.
Parliament's Power to Require the Production of Documents - a Recent Victorian Case
Authors: Taylor Greg
Published: April 2016

In 2007, the Victorian government refused to produce a series of documents despite an order by the State’s Legislative Council to do so, claiming that the Council’s legal powers did not extend to making the order in question. The government cited some obscure alleged rules of law in support of their
position which no government elsewhere in Australia has ever thought to rely on. In citing these rules, the Victorian government appears to have misunderstood an early edition of Erskine May. This article demonstrates that none of the alleged rules exists, and the government’s refusal was wrong in law. Therefore is should not be regarded as setting a precedent for
future cases.
The Prospects for Corporate Governance Operating as a Vehicle for Social Change in South Africa
Authors: Miles Lilian , Jones Mariette
Published: April 2016

A range of scholarly literature has emerged recently which discusses the extent to which the corporate governance regime in South Africa can incorporate the interests of stakeholders. This is a timely question in view of present movements toward such an approach in the country. At face value, adopting an approach which combines the interests of shareholders with those of stakeholders is ideal in a country which is trying to redress the extreme inequalities caused by exploitative and discriminative policies under the apartheid regime. But, as this article will argue, there are significant challenges to be met if this approach is to succeed. The article also questions whether, in the context of an emerging economy, companies are the most appropriate vehicle through which to promote the interests of employees, the environment, the local community and society at large. This article will be structured as follows. Part 1 describes the many socio-economic challenges facing the South African government. Part 2 discusses its corporate governance regime, which imposes a legal duty on directors to adopt an ‘inclusive approach’ whilst managing their business and which continues to reiterate the value of good corporate citizenship and responsibility. Part 3 addresses the difficulties which arise from the inclusive approach. Part 4, which concludes, argues that increased involvement of the state through legal regulation is crucial in order to create a more robust framework in which the needs of society can be met.
Provocation as a Complete Defence to Trespass to the Person
Authors: Pingree Andrew
Published: April 2016

The basis on which the law of trespass to the person denies mitigation of compensatory damages is a purely philosophical position which can be described as high minded but impractical. The law is criticised in this article on a number of bases including the fact that the leading case, Fontin v Katapodis, established this position without revealing the judicial reasoning which was applied. The notion of a victim’s fundamental right not to be touched or threatened is criticised and an argument of implied consent by the provocateur is put, as also is an argument that a person’s actions can be so much a function of external influences that their blame ought to be reduced proportionally. Some policy considerations are also raised to justify a change in the law.
Using Technology to Increase Support for Rural and Regional Legal Professionals
Authors: Kennedy Amanda , Winn Stephen
Published: April 2016

An examination of available continuing professional education (CPE) opportunities for legal practitioners in rural and regional Australia illustrates that more can be done to ensure that practitioners receive a high quality and synchronous program that can be sustained and that is adequate to fulfil the ongoing needs of rural and regional practitioners. The provision of CPE is focused principally upon the delivery of professional knowledge relevant to legal practice. However, there is limited evidence of highly developed systems that draw on sophisticated educational pedagogy and synchronous interactive technology to deliver professional content. The use of synchronous interactive technologies which provide for a deeper, peer-to-peer interaction are not currently in widespread use. Moreover, there is currently minimal support for the broader issues of the management of rural and regional practice, the specific family or health and welfare issues of rural and regional legal professionals, and the particular problems confronting rural and regional professionals living in small communities where complementary services are lacking. This paper explores the potential to significantly increase support for rural and regional legal professionals in ways that address the above issues.
Access to a Lawyer in Rural Australia: Thoughts on the Evidence We Need
Authors: Rice Simon
Published: April 2016

NSW Law Society membership data 1988–2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, the limits on access to law in rural Australia. One way of thinking about the further research that can be done is to consider the research implications of the many different ways the issue of rural access to law is expressed, and the different dimensions that are emphasised in those formulations.
Legislative and Community Support for Offender Reintegration in Victoria
Authors: Hardcastle Lesley , Bartholomew Terry , Graffam Joe
Published: April 2016

The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation’s efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader ‘resettlement’ of offenders. However, this movement of correctional imperatives into the ‘social’ realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what ‘reintegration’ actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.
Youth Justice: Challenges in Responding to Young People Convicted of Sexual Offences
Authors: O'Brien Wendy
Published: April 2016

The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person’s context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.
Access to Environmental Justice
Authors: Millner Felicity
Published: April 2016

Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.
'Fortunately We in Victoria Are Not in That UK Situation': Australian and United Kingdom Perspectives on Plea Bargaining Reform
Authors: Flynn Asher
Published: April 2016

The polarisation between consistency, controls and the unscrutinised discretionary powers held by criminal justice agencies is a complex issue that transcends jurisdictions. In the Australian State of Victoria, this conflict is particularly evident in the prosecutor’s decision-making powers in the plea bargaining process, because these powers are not subject to scrutiny and the decisions made under them are not transparent. Furthermore, plea bargaining itself is a non-formalised and unscrutinised method of case resolution. While the use of discretion is an important component of prosecutorial work, it is the potentially individualised and idiosyncratic nature of unscrutinised discretionary decisions that results in plea bargaining and prosecutorial decision-making in Victoria giving rise to perceptions of inappropriateness and misconduct. Drawing upon the voices of Victorian and United Kingdom legal professionals, this article critically analyses the controls placed on United Kingdom prosecutors by the Attorney General’s Guidelines on the Acceptance of Pleas and the Prosecutor’s Role in the Sentencing Exercise 2009 (UK), and considers whether similar guidelines could be implemented in Victoria to redress problems surrounding the idiosyncratic nature of prosecutorial decision-making in plea bargaining. By offering a unique insight into the perspectives of those involved in plea bargaining, this article explores the benefits of implementing a transparent and scrutinised control on prosecutorial discretion in plea bargaining, and considers whether this would in turn offer greater safeguards, consistency and transparency of prosecutorial decision-making in Victoria.
Fair Enough? That National Security Information (Criminal and Civil Proceedings) Act 2004
Authors: Beck Luke
Published: April 2016

The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covenant on Civil and Political Rights to which Australia is a party. The conclusion is that the legislation is consistent with that right.
How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need for Uniform Criminal Laws on Abortion across Australia
Authors: Ferdinands Patrick
Published: April 2016

This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.
Copyright Review: Issues for Cultural Practice
Authors: McKeough Jill
Published: April 2016

The Australian Law Reform Commission (ALRC) has been asked by the Attorney-General to inquire into and report on current and further desirable uses of copyright material in the context of the digital economy. In this paper the focus is on the scope of the terms of reference of the ALRC and the importance of copyright in a modern digitally orientated world. The paper also analyses other important initiatives and reports in this area, focusing on the changing ‘political economy’ and cultural impact on copyright issues and, in particular the challenges for copyright law.
The Sampling and Remix Dilemma: What is the Role of Moral Rights in the Encouragement and Regulation of Derivative Creativity?
Authors: Adeney Elizabeth
Published: April 2016

The borrowing and rearrangement of musical content, especially in the digital context, raises difficult questions for copyright law. There is significant community support for a loosening of the restrictions on the derivative (and particularly creative) use of copyright material. Law reform is called for. This paper discusses the possible introduction of a new exception to copyright infringement but notes that in the drafting of any such exception not only the economic rights but also the moral rights of the originating author need to be taken into account.
International Travel and Double Recovery
Authors: Bozzi Claudio
Published: April 2016

A combination of the economic significance of international tourism, the increased mobility of individuals, and their greater willingness and desire to manage their own movements has significant implications for insurers which currently remain under-appreciated. International visitors to Australia are more likely to die or suffer injury as the result of a motor vehicle accident than in any other way. While attention has been focused on the complex jurisdictional issues that may arise, other equally important problems such as the potential for action in double recovery have gone largely unnoticed. The need is particularly acute because, as many studies attest, the prospect of death and injury in motor vehicle accidents involving foreign licensees is only likely to increase. Injured third parties returning to home jurisdictions with national health systems will rightly draw on the resources of the state, public welfare, and sometimes private insurance to meet their health care needs. To complicate matters further, European countries typically view the state as a guarantor of individual and collective social rights, and, to varying extents, constitutionally guarantee health care and other relevant benefits such as unemployment payments. In effect, an injured third party receiving a payout for the cost of those injuries from an Australian insurer returns home as a citizen or resident of a state in which she or he draws on publicly funded health care and benefits. In Italy, for example, the needs of the injured third party are met by a devolved health care system which places the greatest burden of responsibility for the delivery and funding of services on regionally governed public enterprises, and to a lesser extent on other entities. Some of those providers have mounted actions in recovery for money spent and goods supplied for the treatment of the same injuries that are the subject of the insurance. The aim of this article is to address the theoretical basis and practical implications of actions taken against the insured injured party in the context of foreign constitutional and personal injuries law (or constitutionalised personal injuries law).
The Courts, Parliament and the Executive
Authors: Clarke Robert
Published: April 2016

In constitutional discussions, the relationship between Parliament and the executive receives a great deal of attention. Tonight I want to look at another important aspect of our State’s governance, namely the relationships between our courts on the one hand and Parliament and executive government on the other hand.
Moving Steadily or Great Leap Forward? The Emerging Carbon Market in China
Authors: Shen Ying
Published: April 2016

China has become a large greenhouse gas (‘GHG’) emissions source due to its rapid industrialisation and urbanisation. Given the heavy environmental footprint caused by China’s economic growth, the Chinese government has recognised the need to control carbon emissions and mitigate climate change. Indeed, China has made remarkable progress in reducing its energy consumption per unit of gross domestic product (‘GDP’). However, these improvements are mainly the result of the most readily available abatement options. Given that simple solutions have almost been exhausted, cost-effective market-based instruments such as carbon emissions trading and carbon markets have become the focus of the Chinese leadership’s attention and have begun to emerge and develop in China. At this stage the primary issue that must be considered by the Chinese government is how to implement an emissions trading scheme (‘ETS’) — whether to adopt such a new environmental policy instrument step by step in an evolutionary manner or whether to fully implement it instantly in a revolutionary way. This article considers the future direction of an emerging carbon market in China. It first provides a comprehensive and up-to-date review of current pilot ETS programs in China. Based on the review of these programs, China’s pilot ETS programs and the well-established European Union Emissions Trading Scheme (‘EU ETS’) are compared. The improvements made by, and the shortcomings of, these pilot programs (which could be considered by the Chinese government in choosing an appropriate development model of the ETS in the near future) are summarised. The article concludes by assessing the prospects of an ETS in China.
Achieving the Aims of Open Justice? The Relationship Between the Courts, the Media and the Public
Authors: Rodrick Sharon
Published: April 2016

This article begins by outlining what the principle of open justice is intended to achieve. It then investigates the nature of the relationship that exists between the courts and the media, and between the media and the public, and suggests that these relationships are not always conducive to realising the aims of open justice. While the reporting role of the traditional news media will undoubtedly persist, at least for the foreseeable future, it is argued that, since courts now have the means to deliver to the public a fuller and truer picture of their work than the media can, they should seize the opportunity to do so.
The Case for and against Mandatory Gender Quota Legislation for Company Boards
Authors: Du Plessis Jean
Published: April 2016

Introduction to a Special Edition of the Deakin Law Review
Board Gender Quotas in Germany and the EU: An Appropriate Way of Equalising Participation of Women and Men?
Authors: Koch Raphael
Published: April 2016

The professional equalisation of men and women has become one of the most discussed topics in politics over the last years. As a solution to this problem many European countries have introduced regulations which ensure special quotas for women on the managing boards of companies. The main problem concerning such gender quotas is that the equalisation of men and women is primarily a sociopolitical objective which might result in a possible conflict with national and European constitutional law. Consequently, the current legal situation in Germany and the EU needs to be analysed critically. Therefore the different ways of incorporating gender quotas into the existing legal system must be compared with each other.
Addressing Gender Quotas in South Africa: Women Employment and Gender Equality Legislation
Authors: Hills Janine
Published: April 2016

A significant development in the area of gender quota legislation is driven by South Africa’s latest National Policy Framework for Women Empowerment and Gender Equality (WEGE) legislation. This legislation expands on the values and principles that need to be integrated into policies, practices and programs of the private sector and government to ensure gender equality and quotas. The legislation strives for 50 per cent female representation on the executive bodies of all organisations. Another unique feature of diversity in South Africa is achieved through the Black Economic Empowerment (BEE) Program. South Africa’s BEE Scorecard Policies and Empowerment Strategies are unique, affecting quota decisions and behaviour.
Taxation Treatment Of Islamic Finance Products In Australia
Authors: Bhatti Maria
Published: April 2016

In October 2010, the Board of Taxation released a Discussion Paper titled Review of the Taxation Treatment of Islamic Finance. Since the release of this Discussion Paper, there has been no legislative reform in Australia to accommodate Islamic finance products. In the Discussion Paper, the Board reviews the taxation treatment of Islamic finance products, such as murābaḥa. Murābaḥa is known as ‘cost plus profit financing’ and involves the sale of a commodity by a financial intermediary to a purchaser at a cost plus mark-up profit rate. The Board argues that in order for a murābaḥa product to be treated equally to a conventional product for Australian taxation purposes, the profit mark-up component common to murābaḥa transactions must be treated as if it were interest. However, the Board does not consider the implications for Muslims if the murābaḥa profit mark-up is treated as interest. The objective of this article is to investigate the following two questions: can murābaḥa be viewed as Sharīʿa-compliant by Muslims if mark-up is treated as if it were interest; and, if murābaḥa is viewed by Muslims as no longer Sharīʿa-compliant, could this cause Australia to become less attractive for Muslim investors? This article will undertake a comparative analysis by examining the implications of treating murābaḥa mark-up as if it were interest from various Australian and UK perspectives. This article argues that before legislative amendments are introduced to cater for Islamic finance products, further research is needed on the Sharīʿa-compliant nature of Islamic finance products such as murābaḥa.
The Art and Politics of Artists' Personas: The Case of Yayoi Kusama
Authors: Lee SooJin
Published: April 2016

This essay presents persona as a trajectory of contemporary art in the post- industrial art world, in which artists’ “work” increasingly includes non-art activities such as networking and media publicity. After discussing pressing issues in art scholarship in regards to the disciplinary tradition and persona studies, I analyse the image of the Japanese artist Yayoi Kusama (b. 1929) who has been operating in the Western-dominated international art world since the 1960s. Arriving in the U.S. in 1957, Kusama quickly became one of the most prolific and notorious artists in New York. However, by the early 1970s she returned to Japan and has since been living voluntarily in a psychiatric hospital. Art historical assessments of Kusama’s work have generally been confined within the Western theoretical parameters of feminism and psychoanalysis. Here, I draw attention to her persona: a “non-art” topic that has largely been ignored within the modernist discipline of Art History, which insists on an object-based formalist methodology. I critique this tendency by demonstrating how an artist’s persona can become a medium of art and politics, and how an artist’s artworks can become by-products of the artist’s larger-than-life public persona. I trace Kusama’s effort at persona cultivation from New York in the early 1960s, and particularly explore her satirical and ironic use of the cultural, racial, and gendered stereotypes about Japanese women. Based on archival research and aesthetics analysis, I argue that Kusama exploited the commercial value of her Japanese body and identity at a time when escalating Cold War national pride and xenophobia jeopardised her career in New York. By discussing how she pursued self-promotion and commercial success, this paper also portrays the commercialization of art and artists during the 1960s.
A dynamic multiple regression approach for quantifying the relative impact of precipitation variations and streamflow generation conditions on runoff
Authors: Niu Jun-Yi , Cao Bangqing , Li Ye-Xue
Published: April 2016

Based on the observed data of monthly precipitation and runoff from 1960 to 2011 in the catchment controlled by the Sandaohezi hydrological station, the double mass curve of precipitation-runoff and Kolmogorov–Smirnov dual sample test were applied to divide the years 1960–2011 into four periods: 1960–1979, 1980–1991, 1992–1999 and 2000–2011. And then, through several trial calculations, a water year of the catchment was divided into wet season and dry season, and the precipitation-runoff dynamic multiple regression (DMR) models were constructed for the four periods. The computed annual runoff values of the DMR models all passed the Fisher test. Besides, the four models' average residuals were all less than 14.15%, and the determination coefficients were all greater than 77.96%. Using the established models, we quantified to what extent the runoff was affected by precipitation variations and streamflow yield capability changes. The result showed that compared with the period of 1960–1979, the annual runoff in 1980–2011 decreased by 14.42% due to precipitation variations and by 23.11% due to streamflow generation condition changes. Furthermore, we found that the runoff of the dry season was dominantly related to the precipitation during the flood season in the previous year.
Fate of selected pharmaceuticals and their metabolites in soil aquifer treatment
Authors: Yonetani Takashi , Echigo Shinya , Itoh Sadahiko
Published: April 2016

Through a series of long-term column experiments, the fate of three common pharmaceuticals (carbamazepine (CBZ), diclofenac, and indomethacin) and their major phase I metabolites in soil aquifer treatment (SAT) were monitored. CBZ concentration increased by a factor of two (from 37 to ca. 70 ng/L) regardless of the treatment conditions, and its metabolites, 10,11-dihydro-10-hydroxycarbamazepine (approximately 500 ng/L after SAT) and CBZ-10,11-epoxide (12–42 ng/L after SAT) were not effectively removed after SAT. Our results indicated that some metabolites of pharmaceuticals are present at much higher concentration than the original forms in the SAT effluent, and that some metabolites are more persistent during SAT with a relatively short retention time (i.e., 30 days). The study indicated that more attention should be paid to the formation and fate of metabolites in the water quality management of SAT effluent.
Photodegradation of aqueous bisphenol A using boric acid-doped titanium dioxide
Authors: Kuo Chao-Yin , Syu Siang-En , Lin Shiang-Ren
Published: April 2016

A high-photoactivity boric acid-doped titanium dioxide (B-doped TiO2) photocatalyst of the degradation of aqueous bisphenol A (BPA) under sunlight was synthesized and characterized by scanning electron microscope, X-ray photoelectron spectroscopy and UV-vis diffuse reflectance. The band gap energies of TiO2 and B-doped TiO2 (B/Ti mole ratio = 0.2%) were 3.01 and 2.98, showing that B-doped TiO2 could narrow the band gap of pure TiO2. In the photocatalytic kinetics of the photodegradation, the BPA photodegradation rate constants were 1.67 and 1.08 h−1, respectively. The BPA removal rate satisfies pseudo-first-order kinetics. Results showed that photocatalysts doped with boron displayed greater photodegradation (88% BPA removal) than pure TiO2 (65% BPA removal). Experimental results indicated that B-doped TiO2 not only was an effective photocatalyst, but also had considerable mineralization effects. The recycling test revealed that the photocatalyst remained effective after 10 uses, revealing the stability and reusability.
Urban Planning Implementation Evaluation: A Multilevel Fuzzy Comprehensive Evaluation Approach
Authors: Tong Zhong , Zhang Qiuwen
Published: April 2016

Urban system is a dynamic complicated system involved with many uncertainties, thus always leading to an undesired situation that the city doesn't develop as the previously made urban plans. Urban planning implementation evaluation, which is devoted to urban planning implementation supervision and management, is an important and indispensible part of efficient, healthy and sustainable urban development. The prevailing urban planning implementation evaluation methods have been widely applied and yielded some achievement, but the existence of uncertainty definitely brings about some defects and difficulties in tradition methods. In this paper, a multilevel fuzzy comprehensive evaluation model is proposed to handle with the uncertainty and complexity in urban planning implementation evaluation. First, a multilayer comprehensive evaluation index system was established, including both conformance-based criteria and performance-based criteria. Concerning the uncertainty in the process of obtaining the dynamic criteria values, a modified analysis hierarchy process was introduced to determine the weights of criteria, fuzzy set theory was adopted to calculate the membership degrees of criteria, and different fuzzy operators were chosen to obtain the final evaluation result layer by layer. Finally, a case study was analyzed to illustrate and test the proposed approach. It is concluded that the methodology integrating analysis hierarchy process with fuzzy comprehensive evaluation is capable of dealing with the situation where criteria are complex and involved with uncertainties when evaluating urban planning implementation.
Bimodal traffic regulation system: A multi-agent approach
Authors: Balbo Flavien , Bhouri Neïla , Pinson Suzanne
Published: April 2016

The development of surface public transportation networks is a major issue in terms of ecology, economy and society. Their quality in terms of punctuality and passengers services (regularity between buses) should be improved in order to improve their attractiveness. To do so, cities often use regulation systems at intersections that grant priority to buses. The problem is that each transportation mode has its own characteristics and a dedicated decision support system. Therefore, most of them hardly take into account both public transport vehicles such as buses and private vehicle traffic. This paper proposes a multi-agent model that supports bimodal regulation and preserves monomodal regulation. The objective is to improve global traffic, to reduce bus delays and to improve bus regularity in congested areas of the network. In our approach, traffic regulation is obtained thanks to communication, collaboration and negotiation between heterogeneous agents. We tested our strategy on a complex network of nine junctions. The results of the simulation are presented.
Farewell to Unjustified Enrichment?
Authors: Jansen Nils
Published: April 2016

In this article, Professor Jansen sets out the historical background and present state of unjustified enrichment theory in the German-speaking civilian legal systems, Austria, Germany, and Switzerland. The German law of unjustified enrichment has grown from two intellectually separate roots. These different legal ideas were interwoven during the 19th century by the German Pandectists. During the 20th century, it began to appear to many that these ideas did not fit well with one another. Professor Jansen thus argues that the modern civilian law of unjustified enrichment is increasingly characterised by a division into independent and distinct parts. In particular, the rules on the unwinding of contracts and on payments made in contemplation of future contracts no longer have much in common with claims based on an infringement of another person's property right. The conclusion drawn is that the Germanic systems should take their leave of the unifying idea of unjustified enrichment.
Appellate Deference in Scottish Child Protection Cases
Authors: Norrie Kenneth McK
Published: April 2016

In this article, Professor Norrie considers the question of appellate deference to lower courts' decisions within the context of Scottish child protection cases. He argues firstly that evaluative decisions straddle the boundary between findings in fact, which attract a high degree of appellate deference, and findings of law, which attract none. The Scottish courts continue to see such decisions as closer to findings in fact. Non-acceptance of a “right or wrong” binary means that a generous ambit of reasonable disagreement is not only justified but required. Secondly, it is argued that a generous ambit of reasonable disagreement is similarly afforded to outcome decisions: the “plainly wrong” test for appellate interference continues to be applied in Scotland, both in residence and contact cases and in child protection cases. Lastly, Professor Norrie argues that children's hearings do not require a different approach to appellate deference but the structure of the system serves to emphasise the importance of ensuring that decisions are made by the body appointed by Parliament to make them. Allowing the first instance decision-maker (the hearing) a generous ambit of reasonable disagreement achieves this.
The Role of Bioenergy in Enhancing Energy, Food and Ecosystem Sustainability Based on Societal Perceptions and Preferences in Asia
Authors: Acosta Lilibeth , Magcale-Macandog Damasa , Kumar K. , Cui Xuefeng , Eugenio Elena , Macandog Paula , Salvacion Arnold , Eugenio Jemimah
Published: April 2016

This paper discussed the analysis of the survey on sustainability of bioenergy conducted in the Philippines, India and China. It acquired general perceptions of the people by asking them (a) specific questions about their level of familiarity with bioenergy; (b) relationship of their work to bioenergy; and (c) their opinion on contribution of various feedstock on the economy and impact of bioenergy production on food security. In addition to these questions, we estimated preference weights of various feedstock based on the conjoint choices on bioenergy’s contribution to social stability, social welfare and ecological balance. The estimates revealed significant trade-offs not only among these three dimensions of sustainability but also the relative importance of energy security, food security and ecosystem capacity to other economic, social and environmental objectives. The types of first generation feedstock that are currently used for biofuel production in the respective countries and those that offer alternative household use are perceived as important to the economy and preferred bioenergy feedstock. Based on the results of the study, the preferred role of bioenergy for sustainable development reflects the social and economic concerns in the respective Asian countries, e.g., energy security in China, food security in India, and ecosystem degradation in the Philippines.
Landscape Biology of Western White Pine: Implications for Conservation of a Widely-Distributed Five-Needle Pine at Its Southern Range Limit
Authors: Maloney Patricia , Eckert Andrew , Vogler Detlev , Jensen Camille , Delfino Mix Annette , Neale David
Published: April 2016

Throughout much of the range of western white pine, Pinus monticola Dougl., timber harvesting, fire exclusion and the presence of Cronartium ribicola J. C. Fisch., the white pine blister rust (WPBR) pathogen, have led to negative population and genetic consequences. To address these interactions, we examined population dynamics and genetic diversity in 10 populations of western white pine in upper montane forests of the Lake Tahoe Basin. We documented negative population trends for three of the 10 populations. These populations exhibited low estimated growth rates (λ), moderate to high incidences of WPBR and mountain pine beetle (MPB), and high levels of mortality. In contrast, seven populations appear to be stable (λ ≥ 1.0), with low to moderate disease and insect incidence, and evidence for genetic resistance to WPBR. Genetic diversity (HE) for a set of 160 single nucleotide polymorphisms was in the range of 0.245–0.272 across populations, and population-specific estimates of FST ranged from 0.0062 to 0.0244. Allele frequency of the Cr2 gene, which confers complete resistance to C. ribicola in western white pine, was low, averaging 0.009 for all populations sampled. However, a low frequency of pollen receptors (i.e., susceptible maternal parents pollinated by a local resistant parent) was found in nine of 10 populations. A moderate and negative relationship was found between the frequency of pollen receptors in a population and the incidence of WPBR (r2 = 0.32). In the context of an introduced pathogen, climate driven outbreaks of MPB, fire exclusion, and prolonged drought, conservation and management strategies are warranted for this species in the Lake Tahoe Basin and likely other locations in California. These strategies include gene conservation of western white pine, WPBR resistance screening, and forest restoration treatments.
Using Proven Reference Monitor Patterns for Security Evaluation
Authors: Heckman Mark , Schell Roger
Published: April 2016

The most effective approach to evaluating the security of complex systems is to deliberately construct the systems using security patterns specifically designed to make them evaluable. Just such an integrated set of security patterns was created decades ago based on the Reference Monitor abstraction. An associated systematic security engineering and evaluation methodology was codified as an engineering standard in the Trusted Computer System Evaluation Criteria (TCSEC). This paper explains how the TCSEC and its Trusted Network Interpretation (TNI) constitute a set of security patterns for large, complex and distributed systems and how those patterns have been repeatedly and successfully used to create and evaluate some of the most secure government and commercial systems ever developed.
Multi-Gateway-Based Energy Holes Avoidance Routing Protocol for WSN
Authors: Sharma Rohini , Lobiyal Daya
Published: April 2016

In wireless sensor networks (WSNs), efficient energy conservation is required to prolong the lifetime of the network. In this work, we have given emphasis on balanced energy consumption and energy holes avoidance. This paper proposes a multi-gateway-based approach to reduce the transmission distance between the sender and the sink node. The area to be monitored is divided into regions and gateway nodes are deployed at optimal positions. We have designed a transmission scheme, in which sensors in the sink region communicate directly to the sink, sensors in the gateway region communicate directly to the gateway, and sensors in the cluster region transmit their data directly to their respective cluster head which transmits data to the gateway in its region. If the distance between a cluster head and the sink is less than the distance between the cluster head and the gateway node, the cluster head transmits data to the sink instead of the gateway node. We have compared the proposed protocol with Low-Energy Adaptive Clustering Hierarchy (LEACH), Gateway Based Energy Aware Multi-Hop Routing (M-GEAR), and Gateway Based Stable Election Protocol (GSEP) protocols. The protocol performs better than other protocols in terms of throughput, stability period, lifetime, residual energy, and the packet transmitted to the sink.