bluuebunny/crossref_metadata_2025_split huggingface dataset:
Reduced frequency of resistance-type exercise training promotes adaptation of the aged skeletal muscle microenvironment
Authors: Naimo Marshall A. , Rader Erik P. , Ensey James , Kashon Michael L. , Baker Brent A. 
Published: January 2019

The purpose of this study was to characterize the growth and remodeling molecular signaling response in aged skeletal muscle following 1 mo of “resistance-type exercise” training. Male Fischer 344 × Brown Norway hybrid rats aged 3 (young) and 30 mo (old) underwent stretch-shortening contraction (SSC) loading 2 or 3 days/wk; muscles were removed 72 h posttraining. Young rats SSC loaded 3 (Y3x) or 2 days/wk (Y2x) adapted via increased work performance. Old rats SSC loaded 3 days/wk (O3x) maladapted via decreased negative work; however, old rats SSC loaded 2 days/wk (O2x) adapted through improved negative and positive work. Y3x, Y2x, and O2x, but not O3x, displayed hypertrophy via larger fiber area and myonuclear domains. Y3x, Y2x, and O2x differentially expressed 19, 30, and 8 phosphatidylinositol 3-kinase-Akt genes, respectively, whereas O3x only expressed 2. Bioinformatics analysis revealed that rats in the adapting groups presented growth and remodeling processes (i.e., increased protein synthesis), whereas O3x demonstrated inflammatory signaling. In conclusion, reducing SSC-loading frequency in aged rodents positively influences the molecular signaling microenvironment, promoting muscle adaptation. NEW & NOTEWORTHY Decreasing resistance-type exercise training frequency in old rodents led to adaptation through enhancements in performance, fiber areas, and myonuclear domains. Modifying frequency influenced the molecular environment through improvements in phosphatidylinositol 3-kinase-Akt pathway-specific expression and bioinformatics indicating increased protein synthesis. Reducing training frequency may be appropriate in older individuals who respond unfavorably to higher frequencies (i.e., maladaptation); overall, modifying the parameters of the exercise prescription can affect the cellular environment, ultimately leading to adaptive or maladaptive outcomes.
The Prevalence and Clinical Features of Fabry Disease in Hemodialysis Patients: Russian Nationwide Fabry Dialysis Screening Program
Authors: Moiseev Sergey , Fomin Victor , Savostyanov Kirill , Pushkov Alexander , Moiseev Alexey , Svistunov Andrey , Namazova-Baranova Leyla 
Published: January 2019

<b><i>Aim:</i></b> To evaluate the prevalence and clinical features of Fabry disease in patients with end-stage renal disease (ESRD) undergoing chronic hemodialysis. <b><i>Methods:</i></b> α-Galactosidase A activity was measured in the dried blood spots by tandem mass spectrometry in 5,572 dialysis patients (63.7% males). Diagnosis of Fabry disease was confirmed by sequencing of the GLA gene and by evaluating the globotriaosylsphingosine level in the dried blood spots. <b><i>Results:</i></b> Fabry disease was diagnosed in 20 (0.36%) patients at the median age of 43 years (28; 58). There were 19 males and 1 female. The prevalence of Fabry disease in dialysis patients was 0.53% in males and 0.05% in females. However, it was higher in males aged 30–49 years. Seventeen different GLA mutations were identified; 5 of them were novel. The median age at the initiation of hemodialysis was similar between patients with missense and nonsense mutations. Sixteen patients (80.0%) presented with typical symptoms of Fabry disease from childhood (neuropathic pain in 16, angiokeratoma in 7 and hypohidrosis/anhidrosis in 16). All patients had left ventricular hypertrophy, and 8 patients (40%) had a history of ischemic stroke. Two patients died (recurrent stroke in one and sudden cardiac death in another patient). <b><i>Conclusions:</i></b> Screening in at-risk patients remains the feasible approach to diagnose Fabry disease in patients with ESRD and their family members, given a low awareness of Fabry disease among the Russian nephrologists.
Upscale Impact of Mesoscale Convective Systems and Its Parameterization in an Idealized GCM for an MJO Analog above the Equator
Authors: Yang Qiu , Majda Andrew J. , Moncrieff Mitchell W. 
Published: January 2019

Abstract
The Madden–Julian oscillation (MJO) typically contains several superclusters and numerous embedded mesoscale convective systems (MCSs). It is hypothesized here that the poorly simulated MJOs in current coarse-resolution global climate models (GCMs) is related to the inadequate treatment of unresolved MCSs. So its parameterization should provide the missing collective effects of MCSs. However, a satisfactory understanding of the upscale impact of MCSs on the MJO is still lacking. A simple two-dimensional multicloud model is used as an idealized GCM with clear deficiencies. Eddy transfer of momentum and temperature by the MCSs, predicted by the mesoscale equatorial synoptic dynamics (MESD) model, is added to this idealized GCM. The upscale impact of westward-moving MCSs promotes eastward propagation of the MJO analog, consistent with the theoretical prediction of the MESD model. Furthermore, the upscale impact of upshear-moving MCSs significantly intensifies the westerly wind burst because of two-way feedback between easterly vertical shear and eddy momentum transfer with low-level eastward momentum forcing. Finally, a basic parameterization of the upscale impact of upshear-moving MCSs modulated by deep heating excess and vertical shear strength significantly improves key features of the MJO analog in the idealized GCM with clear deficiencies. A three-way interaction mechanism between the MJO analog, parameterized upscale impact of MCSs, and background vertical shear is identified.
Evaluation and Future Projection of Chinese Precipitation Extremes Using Large Ensemble High-Resolution Climate Simulations
Authors: Duan Weili , Hanasaki Naota , Shiogama Hideo , Chen Yaning , Zou Shan , Nover Daniel , Zhou Botao , Wang Yi 
Published: January 2019

AbstractEvaluation of Chinese precipitation extremes is conducted based on large ensemble projections of the present climate and 4-K-warmer climates derived from a high-resolution atmospheric general circulation model. The model reproduced the overall trend and magnitude of total precipitation and extreme precipitation events for China reasonably well, revealing that this dataset can represent localized precipitation extremes. Precipitation extremes are more frequent and more severe in future projections under 4-K-warmer climates than in the representative concentration pathway 8.5 (RCP8.5) scenario of phase 5 of the Coupled Model Intercomparison Project (CMIP5). Our results show that using a large-ensemble simulation can improve the ability to estimate with high precision both the precipitation mean and the precipitation extremes compared with small numbers of simulations, and the averaged maximum yearly precipitation will be likely to increase by approximately 18% under a +4-K future in southern China compared with the past. Finally, uncertainty evaluation in future precipitation projections indicates that the component caused by the difference in six ΔSST patterns is more important in southern China compared with the component due to the atmospheric internal variability. All these results could provide valuable insights in simulating and predicting precipitation extremes in China.
Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions
Authors: Corones Stephen , Davis Juliet 
Published: January 2019

AbstractThis article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field. Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.
The Democratic Deficit of United States Federalism? Red State, Blue State, Purple?
Authors: Jackson Vicki C 
Published: January 2019

AbstractAspects of an entrenched constitution that were essential parts of founding compromises, and justified as necessary when a constitution was first adopted, may become less justifiable over time. Is this the case with respect to the structure of the United States Senate? The US Senate is hardwired in the Constitution to consist of an equal number of Senators from each state—the smallest of which currently has about 585,000 residents, and the largest of which has about 39.29 million. As this essay explains, over time, as population inequalities among states have grown larger, so too has the disproportionate voting power of smaller-population states in the national Senate. As a result of the ‘one-person, one-vote’ decisions of the 1960s that applied to both houses of state legislatures, each state legislature now is arguably more representative of its state population than the US Congress is of the US population. The ‘democratic deficit’ of the Senate, compared to state legislative bodies, also affects presidential (as compared to gubernatorial) elections. When founding compromises deeply entrenched in a constitution develop harder-to-justify consequences, should constitutional interpretation change responsively? Possible implications of the ‘democratic’ difference between the national and the state legislatures for US federalism doctrine are explored, especially with respect to the ‘pre-emption’ doctrine. Finally, the essay briefly considers the possibilities of federalism for addressing longer term issues of representation, polarisation and sustaining a single nation.
Federal and Territorial Courts
Authors: Comans C. K. 
Published: January 2019

The decision of the High Court in Capital T.V. and Appliances Pty Ltd v. Falconer makes a further contribution to the step by step effort of the Court to develop a coherent doctrine with respect to the place of the Commonwealth Territories in the federal system. It goes some way towards answering the questions that arise with respect to the jurisdiction that may be exercised by territorial courts on the one hand, and on the other hand, the jurisdiction that may be exercised by federal courts, and State courts invested with federal jurisdiction, in respect of matters having a relationship with a Territory.The matters decided were simply that the Supreme Court of the Australian Capital Territory is not a federal court, but is a territorial court established by virtue of the powers of the Parliament under section 122 of the Constitution, nor is it a court exercising federal jurisdiction. The Court did not find it necessary to decide whether the tenure of office of the judges of the Supreme Court met the requirements of section 72 of the Constitution with respect to federal courts. It held that, even assuming that those requirements were met, the Supreme Court was not a federal court. This conclusion was based on the intention of Parliament, as appearing from the words used to create the Court and the scope of the jurisdiction conferred on it. Further, it was held that the only courts “exercising federal jurisdiction”, apart from federal courts, are State courts invested with federal jurisdiction.
Executive Discretion and the Adequacy of Judicial Remedies to Uphold the Constitution
Authors: Zines Leslie 
Published: January 2019

The power of the Commonwealth to confer authority on members of the Executive or Administration is restricted by the Constitution in two major respects—first, by the principle of the separation of powers, and secondly, by the doctrine that no law can give power to any person (other than a court) to determine conclusively any issue upon which the constitutional validity of the law depends. The second doctrine is sometimes metapholically summed up in the maxim “the stream cannot rise above its source”. The separation of powers principle affects a wider range of decision-making than the “source and stream” doctrine; but the latter doctrine, within the area of its operation, appears to be a greater limitation on legislative power.For example, the principle of the separation of powers seems to prevent an Act from validly conferring power on an administrator to make conclusive determinations of law (and possibly findings of fact). in the course of settling a dispute about existing rights and duties. But where the power confided to the administrator to make findings of existing law or fact is merely preliminary to the creation of new rights and duties, then, in some circumstances at any rate, such power of detennination will not breach the separation of powers principle.
The Nature of Inconsistency under Section 109 of the Constitution
Authors: Rumble Gary A. 
Published: January 2019

In a recent article in this Review Mr Murray-Jones considered the state of the law of inconsistency. Mr Rumble takes issue with some of Mr Murray-Jones' propositions and, in particular, with his interpretation of some of the leading High Court judgments.Some of the most troubling statements about inconsistency that have emanated from the High Court have been related to the problem of persons who commit both Commonwealth and State offences. This article considers how the provisions of the Crimes Act, the Acts Interpretation Act, the Judiciary Act and the Commonwealth Prisoners Act interact in such circumstances.The article also offers an analysis of the nature of inconsistency. The basic proposition of the analysis is that, no matter how many different guidelines are developed to indicate the presence of inconsistency, ultimately there is only one category of inconsistency.
Colonial and Federal Admiralty Jurisdiction
Authors: Ying C. A. 
Published: January 2019

Notwithstanding the inclusion of “Admiralty and maritime jurisdiction” within the constitutional grant of federal judicial power, current Admiralty jurisdiction in Australia is based solely on a nineteenth century Imperial statute, the Colonial Courts of Admiralty Act 1890. That this has remained the case for so long is regrettable, and reflects in part a traditional deference to Imperial control over international shipping (although lately there have been indications of greater legislative assertiveness over maritime matters generally), and in part a reluctance to interfere with the present allocation of jurisdiction among State courts.A concerted effort is now under way to lay the foundation for the creation of a modern indigenous Admiralty jurisdiction, and with this in mind, the author sets out to examine the nature and extent of the current colonial jurisdiction, its interrelationship with the federal jurisdiction under section 76(iii) of the Constitution, and the desirability of abandoning the rigid nineteenth century base of the former to realise the full twentieth century promise of the latter.
Constitutional Confusion in the Cocos Islands: The Strange Deliverance of LIM Keng
Authors: Kelly G M 
Published: January 2019

When, in 1902, a murder was committed in the Cocos Islands and a resident native of the Islands was brought to trial at Singapore, the Supreme Court of the Straits Settlements ruled unexpectedly that it had no jurisdiction.That decision threw doubt upon the validity of Letters Patent of 1886 which were to remain the constitutional foundation of British rule in the Cocos until the transfer of sovereignty to Australia in 1957. The doubt necessarily extended to matters of long-term practical importance, including the special position in the Cocos held by the Clunies-Ross family until 1978.This article considers the validity of those Letters Patent—question peremptorily closed off by British authorities in the aftermath of the 1902 affair. Fundamental doctrines of colonial law in relation to territorial acquisition, and their application to British annexation of the Cocos Islands, are examined. The continuing relevance of those doctrines—eg to the recent line of land rights cases in Australia—is incidentally pointed out.The Letters Patent are also tested against the maxim omnia praesumuntur rite esse acta and in terms of evolving judicial acceptance of severance. For that purpose, illustration of legal principle is drawn from Australian cases as from English law.
Exemptions under the Freedom of Information Act 1982
Authors: Bayne Peter 
Published: January 2019

The opening words of s 3(1) of the Freedom of Information Act 1982 (Cth) (“FOI Act”) state that the object of the Act is “to extend as far as possible the right of the Australian community to access to information in the possession of the Government of the Commonwealth”. Paragraphs (a) and (b) of s 3(1) indicate that this object is to be achieved in two main ways, that stated in s 3(1)(b) being:[B]y creating a general right of access to information in documentary form in the possession of Ministers, departments and public authorities, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities.
Exemptions under the Freedom of Information Act: An Official's Viewpoint
Authors: Rose A D 
Published: January 2019

Mr Bayne in addressing the topic of the exemptions under the Freedom of Information Act 1982 (“FOI Act“) has concentrated his analysis on and dealt at some length with, the provisions of Part IV - Exempt Documents.To achieve a balanced understanding of the role and significance of the exemptions I believe one needs in addition to see how the FOI Act fits into the broader context of arrangements for access to official information.There are other qualifications and limits set on the application of the “legally enforceable right” in s II which might also be considered usefully in the context of exemptions.It is in addition important as Mr Bayne has indicated in dealing with, for example, s 36 to take account of the requirements of ss 8 and 9 of the FOI Act if the application of Part IV is to be seen in proper context.I propose therefore to address these matters before commenting on selected issues raised by Mr Bayne with respect to particular exemptions in Part IV.
Commentaries
Authors: Volker D 
Published: January 2019

The availability of reasons for decisions is an important part of recent developments in Commonwealth administration. As Mrs Burnett’s scholarly analysis shows, these developments have not been without their uncertainties. I would like to pursue a few of the issues raised in her paper and mention some issues associated with providing reasons for decisions in the Repatriation area.There is much to be said for a person affected by a decision having a right to obtain full written reasons for the decision. This enables the person affected to find out why the particular decision has been made. It may also provide a possible basis for challenge to the decision. As Mrs Burnett notes, the need to give reasons has also been described as encouraging consistency and better quality in decision-making.
Galland v Federal Commissioner of Taxation
Authors: Steel Tony 
Published: January 2019

Taxation — Assignment by deed of share in partnership — Effect of assignment on accumulated partnership income — Income Tax Assessment Act 1936 (Cth) ss 92, 95, 102.Michael Bernard Galland (“the taxpayer”) carried on practice as a solicitor in partnership with his father, under the name of “Bernard L. Galland & Co” (“the partnership”), during the 1979-80 year of income. The partnership agreement provided, inter alia, for the equal division of profits and losses which were to be ascertained in July after the preparation of accounts in respect of the previous financial year.
Aboriginal Land
Authors: Toohey John 
Published: January 2019

I shall begin with a riddle, in fact three riddles:1What sort of interest in land is held as an estate in fee simple but is inalienable?2What sort of interest in land is held by a registered proprietor who has no power to make decisions relating to it, except with the consent of another, and who must act at the direction of that other?3What sort of interest in land does not carry with it ownership of minerals but can preclude mining thereon?The answer to each of these questions is — Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (“the Land Rights Act”).The purpose of this paper is not to trace the course of judicial history in this country, from the robust assertion of the Privy Council that the colony of New South Wales “consisted of a tract of territory practically unoccupied, without settled inhabitants or settled law, at the time when it was peacefully annexed to the British dominions” to the judgment of Blackburn J in Milirrpum v Nabalco Ply Ltd.
Queensland Electricity Commission and Others v Commonwealth of Australia
Authors: Tappere Chris 
Published: January 2019

Constitutional law—Commonwealth—Legislative power—Implied limitations—Power to bind States—Power to bind State authorities—Discriminatory law—Invalidity of law—Commonwealth Constitutions 51(xxxv)—Conciliation and Arbitration (Electricity Industry) Act 1985 (Cth).Industrial law—Commonwealth—Conciliation and arbitration—Legislative power—Implied limitations—Power to bind States—Power to bind State authorities—Discriminatory law—Extent to which discrimination authorised—Commonwealth Constitution s 51 (xxxv)—Conciliation and Arbitration (Electricity Industry) Act 1985 (Cth).
Contemporary Challenges in the American Courts
Authors: Seitz Collins J 
Published: January 2019

It is a real pleasure for Mrs Seitz and me to come to Melbourne, one of the truly great cities of the world. I am especially gratified to be speaking in the city where Prime Minister Robert Menzies resided.I express my gratitude to the University of Virginia for affording me the opportunity and honour of delivering the first Menzies lectures in Australia. By the same token, I thank the Australian National University and the Sir Robert Menzies Memorial Trust for their support of a lecture program designed to further enhance the understanding of our legal systems.I have read a good deal of material about your country over the past few months. Much of it stressed that we share the English language. That is certainly true but, if Australia is anything like the United States, while we share the same general vocabulary, the younger generation has its own unique language. Fortunately, our legal language is largely interchangeable.