bluuebunny/crossref_metadata_2025_split huggingface dataset:
GENETIC VARIATION OF WILD Musa acuminata COLLA FROM INDONESIA
Authors: Poerba Yuyu Suryasari , Martanti Diyah , Ahmad Fajarudin 
Published: January 2019

Indonesia is the center of origin and diversity of Musa acuminata Colla, one of the progenitors of cultivated bananas today. However, the genetic variation of wild M. acuminata has not been studied extensively, thus this study aimed to assess the genetic variation of the Indonesian wild M. acuminata based on 10 RAPD (Random Amplified Polymorphic DNA) and 10 ISSR (Inter Simple Sequence Repeats) markers. The genetic properties of 17 populations of wild M. acuminata were analyzed by Popgene 1.32 based on Neiâ€™s unbiased measures of genetic identity and genetic distance. Of the 443 DNA bands produced, 425 (95.94%) were polymorphic. Cluster analysis of the combined data of RAPD and ISSR produced a dendrogram which separated the population of M. acuminata (A genome) from M. balbisiana (B genome), but not from M. schizocarpa (S genome).Â Neiâ€™s genetic distance of the 17 populations of wild M. acuminata ranged from 0.3676 to 0.1634.Â The highest genetic distance was observed between M. acuminata var rutilifes (from East Java) and M. acuminata var sumatrana (from West Sumatra). The percentages of polymorphic loci among the 17 populations of M. acuminata ranged from 9.93% to 39.73%. Neiâ€™s gene diversity (h) ranged from 0.041 to 0.1418. M. acuminata var malaccensis population was the most diverse among the researched 17 M. acuminata. The high level of genetic diversity of the wild M. acuminata from Indonesia emphasizes the need for conservation and preservation of the natural population and its use in the banana breeding program.
Mycale (Aegogropila) antiae sp. nov. (Demospongiae; Poecilosclerida; Mycalidae) from Galicia (NW Iberian Peninsula)
Authors: URGORRI VICTORIANO , DÍAZ-AGRAS GUILLERMO 
Published: January 2019

A new species of Porifera collected at the Ría de Ferrol (NW Iberian Peninsula), Mycale (Aegogropila) antiae sp. nov., is described. The sponge is apricot-coloured with small sulphur-yellow spots, comprised of one or more conical or cylindrical massive bases, each with a single apical osculum. Long, more or less branched digitiform ramifications emerge from these bases, with one or two oscula in high position. The ectosomal skeleton consists of bundles of interwoven mycalostyles forming a triangular or polygonal tangential reticulation. The choanosomal skeleton shows longitudinal axial tracts, with fan-like feathered plurispicular bundles perpendicular to the surface of the sponge. It is characterized by presenting only mycalostyles as megascleres and three categories of palmate anisochelae as microscleres, the larger forming rosettes, microxeas in dragmata and thin raphides, ornamented at both ends by a fine spine, and grouped in numerous trichodragmata clustered in the subectosomal yellow spots. This paper is registered in Zoobank under: http://zoobank.org/urn:lsid:zoobank.org:pub:2D668985-001B-4681-8C45-1DA0F804A7F1
Diagnosing the Impacts of Northern Hemisphere Surface Albedo Biases on Simulated Climate
Authors: Thackeray Chad W. , Fletcher Christopher G. , Derksen Chris 
Published: January 2019

AbstractMany Earth system models contain substantial biases in the magnitude and seasonal cycle of the albedo of snow-covered surfaces. Various structural and parametric deficiencies have been identified as potential causes of these albedo biases, related to vegetation distribution and abundance, snow albedo, and the representation of snow interception by forest canopies. There is, however, little understanding of how the albedo biases directly influence simulated climate because of difficulties in isolating them from other complex processes and feedbacks. In this study, we conduct a number of novel simulations using the National Center for Atmospheric Research Community Earth System Model (CESM), replacing the model’s internal surface albedo calculation with values prescribed from observations or from other model simulations. Results show that while biases in surface albedo are largest in winter, those during spring have the greatest impact on surface climate because incoming solar radiation is much stronger. Correcting biases in the seasonal cycle of albedo in CESM reduces climatological temperature biases across the boreal region in spring and partially corrects Arctic sea level pressure biases, but due to compensating errors, overall climate biases are not always reduced. Additionally, we impose albedo patterns extracted from other climate models with large positive and negative albedo biases to illustrate the climate responses that can result. Prescribed surface albedo produces significant impacts on surface radiation, near-surface land temperatures, and, more rarely, atmospheric circulation. This is important because small changes to mean climate during spring can have major implications for the snow and surface radiation regimes.
The Global Radiative Energy Budget in MERRA and MERRA-2: Evaluation with Respect to CERES EBAF Data
Authors: Hinkelman Laura M. 
Published: January 2019

AbstractThe representation of the long-term radiative energy budgets in NASA’s MERRA and MERRA-2 reanalyses has been evaluated, emphasizing changes associated with the reanalysis system update. Data from the CERES EBAF Edition 2.8 satellite product over 2001–15 were used as a reference. For both MERRA and MERRA-2, the climatological global means of most TOA radiative flux terms agree to within ~3 W m−2 of EBAF. However, MERRA-2’s all-sky reflected shortwave flux is ~7 W m−2 higher than either MERRA or EBAF’s, resulting in a net TOA flux imbalance of −4 W m−2. At the surface, all-sky downward longwave fluxes are problematic for both reanalyses, while high clear-sky downward shortwave fluxes indicate that their atmospheres are too transmissive. Although MERRA-2’s individual all-sky flux terms agree better with EBAF, its net flux agreement is worse (−8.3 vs −3.3 W m−2 for MERRA) because MERRA benefits from cancellation of errors. Analysis by region and surface type gives mixed outcomes. The results consistently indicate that clouds are overrepresented over the tropical oceans in both reanalyses, particularly MERRA-2, and somewhat underrepresented in marine stratocumulus areas. MERRA-2 also exhibits signs of excess cloudiness in the Southern Ocean. Notable discrepancies occur in the polar regions, where the effects of snow and ice cover are important. In most cases, MERRA-2 better represents variability and trends in the global mean radiative fluxes over the period of analysis. Overall, the performance of MERRA-2 relative to MERRA is mixed; there is still room for improvement in the radiative fluxes in this family of reanalysis products.
Interpretation and Cooperative Federalism: Bond v R from a Constitutional Perspective
Authors: McConvill James , Smith Darryl 
Published: January 2019

[C]o-operative federalism is not a constitutional term. It is a political slogan, not a criterion of constitutional validity or power. ... Where constitutional power does not exist, no cry of co-operative federalism can supply it. If the object lies outside the reach or the effect of what a State or the Common-wealth can constitutionally do, the subject matter is beyond the reach of the legislature.Co-operative federalism is the process by which the Commonwealth and the States organise for their overlapping constitutional powers to be exercised concurrently in order to achieve national outcomes through consensual processes. Beginning with Re Wakim, the controversial cross-vesting case, from which the opening statement above by Justice McHugh was taken, the High Court has applied a restrictive approach to interpreting constitutional and statutory provisions when cooperative arrangements have been challenged.
Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
Authors: Crawford Lisa Burton 
Published: January 2019

AbstractPlenary executive power seems repugnant to the rule of law. It is often said that such power cannot exist: that all executive power must have legal limits. Yet, it remains unclear which principle or principles of Australian constitutional law would prevent the federal Parliament from conferring plenary executive power. The High Court has suggested that a federal statute purporting to confer an entirely open-ended discretion on a Minister would simply not be a ‘law’, or else lack the requisite connection to a head of power found in ss 51 or 52 of the Australian Constitution. This article examines the latter claim. It explains the nature of the limitations imposed by ss 51 and 52 and the role of the High Court in ensuring that those limitations are complied with. It concludes that the scope of executive power that Parliament may confer is constrained by ss 51 and 52, but not to the extent that has been suggested by the High Court.
Non-Military Space Testing in the Woomera Prohibited Area: Opportunities for the Australian Space Industry?
Authors: de Zwart Melissa , Stephens Dale 
Published: January 2019

AbstractThe Australian Civil Space Industry is poised at a crucial moment in its history. Careful strategic decisions need to be made regarding whether Australia will continue to take a back seat in the space race or whether it will join the growing space technology industry, providing major opportunities for Australian innovators. This cannot occur if the current legal and regulatory frameworks do not facilitate research activities and investment. The Australian Government is currently reviewing the Space Activities Act 1998 (Cth) and the Space Activities Regulations 2001 (Cth). This article will consider the unique role played by the Woomera Prohibited Area in the development and testing of launch technology and undertake an assessment of whether the Woomera Range (and by extension Australia) may once again play an important role in the research, development and testing of space technology. The article will place the legal restrictions regarding access to and use of the Woomera Range within the context of the proposed revision of the Australian legislation regulating civil space activities.
Australian Inter-State Common Law
Authors: Renard Ian 
Published: January 2019

No doubt when a jurisdiction is conferred like that given by sec. 75(iii) and (iv) the source whence the substantive law is to be derived for determining the duties of the governments presents difficulties …By section 75(iii) and (iv) of the Commonwealth Constitution, the High Court is granted original jurisdiction to hear “matters” between the various Australian governments. As yet, most inter-governmental cases heard by the High Court have been disposed of by interpretation and application of the Constitution, but it is clear that the High Court must have recourse to legal sources outside the Constitution. A study of the cases so far heard by the High Court, the types of disputes that might arise, application of the common law in other areas of law and experience in other federations reveals that the common law is applicable to Australian inter-governmental cases. Not only this, but there exists a body of “inter-state common law” specifically referable to intergovernmental disputes. Strands of this inter-state common law are to be found in the law covering rights of governments and their Attorneys General to sue other governments on behalf of their residents, intergovernmental agreements, nuisance and inter-State water disputes.
The Commonwealth Places (Application of Laws) Act 1970
Authors: Rose Dennis J. 
Published: January 2019

When Mr Cyril Worthing fell and suffered InjUrieS during his inspection of building work at the Richmond Air Force Base there was not only an alleged gap in the scaffolding but also a very significant gap in the law. For when he sued the defendant contractors for damages for breach of alleged statutory duty under the Scaffolding and Lifts Act, 1912-1965 of New South Wales, the High Court held in Worthing v. Rowell and Muston Pty Ltd and Others that the State scaffolding regulations, made after the Commonwealth's acquisition, did not apply in “places acquired by the Commonwealth for public purposes” within the meaning of section 52(i.) of the Constitution.Section 52(i.) of the Constitution provides as follows:52. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to—(i) The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes.
The Liability of Manufacturers and Importers under the Trade Practices Amendment Act 1978
Authors: Gregg Gary M. , Tzovaras Ted D. 
Published: January 2019

The introduction of Division 2A into Part V of the Trade Practices Act has brought Australia firmly into line with current thinking in the Western world on the liability of manufacturers. The new Division has two aspects. First, it provides consumers, and in some cases their successors in title, with a statutory right to compensation from manufacturers and importers in specified circumstances. Secondly, it grants to sellers of goods a right to indemnity from a manufacturer (or importer) where the latter is liable to compensate the consumer under this Division.This article examines the likely effect that the introduction of Division 2A will have on the liability of manufacturers and importers of goods. The article commences by outlining the liability of manufacturers in Australia prior to the recent amendments. The operation and scope of Division 2A are then described. The article concludes by focusing on certain practical difficulties and problems of interpretation inherent in the new Division.
The Judicial Libertine-Jurisdictional and Non-Jurisdictional Error of Law in Australia
Authors: Bath Vivienne 
Published: January 2019

It cannot be that Legislatures, being rational, seek to break down the fences they have erected around individual tribunals and let them roam at large by the simple expedient of a privative clause. The clause must be read in the context of the statute. It cannot be intended to transform tribunals into judicial libertines.The decision of the House of Lords in Anisminic Ltd v Foreign Compensation Commission was hailed as a landmark, permitting almost unlimited judicial review into the activities of administrative bodies and inferior courts. De Smith commentedis not the practical effect of the decision [in Anisminic] … to obliterate the distinction between reviewable errors on matters going to jurisdiction and errors which are normally unreviewable (otherwise than on appeal) because they “go to the merits” of the decision?Yet the decisions which have followed Anisminic even in England have revealed that the case has contributed little certainty to an area in which apparently irreconcilable decisions proliferate.
Commentaries
Authors: Harders Clarrie 
Published: January 2019

My first and quite unnecessary comment is that if anyone can speak with authority about Freedom of Information (“FOI”) in Australia and about the origins of the Commonwealth’s Freedom of Information Act in particular it surely is Mr Lindsay Curtis. I recall many of the events of 1973 onwards into 1979 when I retired from the Public Service. Especially I recall the long haul that was commenced in 1973 with the assistance of Mr Tony Mondello, the legal adviser to the United States Civil Service Commission, and that eventually reached fruition in 1982 with the passage of the FOI Act. All through that period Lindsay Curtis was more closely associated than any other public servant with the project. He has given us the benefit of that experience in an interesting, able and fluent paper.My second and equally obvious comment is that the FOI Act is here to stay. Lindsay Curtis has said we are undergoing a revolution. I believe the revolution has already taken place. Some of us may find it rather difficult to live with the consequences.
Access to Government Information: The American Experience
Authors: Robinson Glen O 
Published: January 2019

Enactment of the United States Freedom of Information Act (“FOI Act”) in 1966 was a landmark event in the history of American administrative law. Among the most important of American administrative law reforms, the FOI Act has engendered a veritable cottage industry devoted to securing access to government-held information. In the sixteen-plus years since the Act went into effect Congress has twice amended the Act and is currently considering yet another round of amendments. Each occasion has engendered a new round of studies and commentaries on the Act, its purposes and effects.The attention given to the subject by Congress pales in comparison to the attention given it by the courts. A September 1981 list shows more than 1300 decisions construing the FOI Act, and companion laws: the Privacy Act, Sunshine Act and Federal Advisory Committee Act.
The Corporations and Races Powers
Authors: Lindell G J 
Published: January 2019

The legislation enacted to prevent the construction of the Franklin Dam relied on a number of federal legislative powers which included the corporations power and the races power in ss 51(xx) and 51(xxvi) of the Constitution respectively. In contrast to most of the other sections in the Constitution which confer legislative power on the Commonwealth Parliament those sections refer to persons or institutions. In a well-known passage in Stenhouse v Coleman, Dixon J (as he was then) said:In most of the paragraphs of s.51 the subject of the power is described either by reference to a class of legal, commercial, economic or social transaction or activity (as trade and commerce, banking, marriage), or by specifying some class of public service (as postal installations, lighthouses), or undertaking or operation (as railway construction with the consent of a State), or by naming a recognized category of legislation (as taxation, bankruptcy). In such cases it is usual, when the validity of legislation is in question, to consider whether the legislation operates upon or affects the subject matter, or in the last case answers the description, and to disregard purpose or object.
Recent Changes to Corporate Capacity and Agency
Authors: Gates Stephen J. 
Published: January 2019

When the 1983 amendments were made to the national companies securities legislation, it was stated in the accompanying explanatory memorandum that one of the purposes of the new provisions was to “abolish the doctrine of ultra vires” — an ambitious aim given the tenacity of the doctrine despite widespread criticism on many grounds, perhaps best summed up in the comment, “[u]ltra vires was the expression of a social policy that failed.”Of course, it has now been realised that the 1983 amending Act did not achieve its stated purpose. It may have achieved a partial elimination of the doctrine but it has left a large area for its continued operation in a different form and in some respects has opened new opportunities for development.These aspects are explored below but it should be noted here that one curious side of the new provisions is that no explanation was offered of the defects in the previous statutory provisions, ss 67-68 of the Companies Act (Cth) (“the Act”) and its forerunner, s 20 of the State uniform companies legislation, nor was it explained how the new ss 67-68 were intended to remedy those defects. The new regime was simply offered as a better general solution to the ultra vires problem. Unfortunately, in this case, it is not the final solution.
Constitution, Section 57 – Further Questions
Authors: Comans C K 
Published: January 2019

A number of questions concerning the construction and application of section 57 of the Constitution have now been determined by the High Court. The purposes of this note are to examine critically some implications of these answers and to direct attention to some other technical questions that could arise in the future. The special interest of the writer in these matters arises from the fact that he was closely involved in the preparation of documents in relation to the double dissolutions of 1974 and 1975 and the joint sitting of 1974.It is not within the purposes of this article to discuss generally the extent to which the Governor-General may be entitled to exercise a personal judgment or discretion in granting or refusing a double dissolution. That is a matter of constitutional propriety rather than the justiciable constitutional law with which this article is concerned.
Judicial Review of Discretionary Prohibitions - A New Basis?
Authors: Kneebone Susan 
Published: January 2019

The effect of a recent decision of the High Court of Australia in Foley v Padley is to severely curtail the extent of judicial review of the exercise of discretionary prohibitions. In the light of this decision, the Question of the nature of a prohibition contained in subordinate legislation when coupled with a dispensing power becomes of more than academic interest. In Foley v Padley, the effect of an empowering provision referable to the opinion of the subordinate legislator (a municipal council) was considered in relation to a broad unfettered discretion to dispense with a prohibition. Thus this decision brought directly into issue the role of the administrator/ policy-maker as against the rights of an individual.In brief, Foley v Padley decided that a dispensing power attached to a power to prohibit in a by-law was a valid condition of the power to prohibit, thus following the decision in Country Roads Board v Neale Ads. As the decision of the High Court in Swan Hill Corporation v Bradbury was the last occasion on which this issue had been fully considered by the High Court one can only lament the passing of an opportunity to re-open the debate as to dispensing powers.
Oligopolistic Conscious Parallelism under the Competition Law of the USA
Authors: Aldor Leslie 
Published: January 2019

One of the most crucial and yet challenging problems which faces Australian competition lawyers is the definition of the scope of the terms “contract”, “arrangement” and “understanding” in ss 45 and 45A of the Trade Practices Act 1974. Section 45 proscribes contracts, arrangements or understandings which have the purpose or effect of substantially lessening competition in a market. Section 45A then expands on s 45 by providing that contracts, arrangements and understandings which “fix” prices are deemed, for the purposes of s 45, to have the purpose or effect of substantially lessening competition in a market.The terms “contract”, “arrangement”, and “understanding” are not defined in the TPA and thus the legislature has left the matter of interpretation “at large”. Determining the boundaries of concepts such as “arrangements” and “understandings” is no easy task, especially when the focus of the enquiry is on the parallel behaviour of participants in concentrated markets.
Biotechnology and the Law: Co-Operation Nationally and Internationally
Authors: Whalan Douglas J , Kaney Keith F 
Published: January 2019

There is a growing awareness in Australia that current laws are inadequate to protect the increasing industrial application of biotechnology. To overcome these difficulties there is a need for co-operation both nationally and internationally. The Biological Control Act 1984 (Cth) and the Patents Amendment Act 1984 (Cth) are indicative of a trend towards this end.The Biological Control Act 1984 (Cth) involves co-operation between the Commonwealth and the States to overcome gaps in the Commonwealth's power, while the Patents Amendment Act 1984 (Cth) involves international co-operation under the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedures 1977. Whereas the Patents Amendment Act 1984 (Cth) extends and secures the patent protection available for biotechnological inventions, the Biological Control Act 1984 (Cth) aims to protect certain scientific endeavours from undue interference from the law itself.