bluuebunny/crossref_metadata_2025_split huggingface dataset:
Benign Racial Discrimination: Equality and Aborigines
Authors: Partlett David 
Published: January 2019

Mr Partlett is concerned to review the theoretical and practical place of government programs which positively discriminate in favour of groups on racial lines. He reviews the justification of this benign discrimination in relation to the notion of equality. He finds that the justification of benign discrimination depends upon its social realities. With reference to recent United States constitutional law developments he concludes that programs of benign discrimination must be closely justified to ensure that they do not trespass on certain fundamental rights and freedoms of the individual.Australian government initiatives are then reviewed together with an appraisal of their legal standing under the various pieces of anti-discrimination legislation in Australia.The author attempts to synthesise out of this discussion a strategy under which benign programs may be encouraged for the promotion of equality for aborigines, while at the same time the individual human rights of others are protected.
Product Market Definition in Competition Law
Authors: Walker G. de Q. 
Published: January 2019

Although some concept of a “market” is inherent in all systems of competition law, the Trade Practices Act 1974 (Cth) is striking in that it expressly makes liability under most of its substantive sections (sections 45, 46, 47, 49 and 50, but not section 48) depend in one way or another on the identification of a market or markets in which competition has been injured by the impugned conduct. This is because at the time when the Trade Practices Act 1974 came to be drafted, the concepts of market definition and market control had evolved to a high level in other jurisdictions, particularly in the United States.Now, however, after five years’ experience with market definition under the 1974 Act, the Australian doctrine should have its own contribution to make. It should be rewarding, therefore, to attempt to state the principles that have so far emerged, in light also of cases and writings in the major overseas antitrust systems, those of the European Common Market and the United States. Since market definition often determines the outcome of suits or applications under the Trade Practices Act, these principles have practical as well as conceptual importance.
A New Constitutional Settlement for Australia
Authors: Curtis L. J. 
Published: January 2019

In his 1974 Hamlyn Lectures, Lord Scarman urged:[a] new constitutional settlement that makes use of judicial power … to use the rule of law in resolving the conflicts that will arise between the citizen and the state in the newly developed fields of administrativelegal activity upon which the quality of life in the society of the twentieth century already depends.The theme was taken up in Australia by Mr Justice Brennan in 1979:But first, let me define what a constitutional resettlement of power may involve. It would not be merely an improvement in the procedures of judicial review. It would interpose the courts (or the judiciary, for I use the terms interchangeably) to control the exercise of some administrative powers, with jurisdiction to set right decisions affecting the interests of citizens which the courts think are wrong decisions, or not the preferable decisions in the circumstances of particular cases. The courts would have the power to substitute their own decisions for the decisions of the administrators.
Methods of Alteration of State Constitutions in the United States and Australia
Authors: Lumb R D 
Published: January 2019

An Australian lawyer seeking to identify the basic differences between the Australian and American constitutional systems is immediately struck by certain features of the latter system. The differences in that system flow from the break between the American colonies and England embodied in the Declaration of Independence of 1776 and are reflected in the changes to the individual State Constitutions which were made after the Revolution.The major changes which were made to those Constitutions over a period of time were basic and fundamental: the replacement of the gründnorm of British parliamentary supremacy with the principle that sovereignty is derived from the people and, as a concomitant, the establishment of a Bill of Rights; the replacement of a British appointed Governor by a locally elected Governor; the incorporation of the doctrine of separation of powers pursuant to which the Governor as chief executive officer was not to be a member of the legislature and had no power to dissolve it. Finally, basic changes were made to the methods of constitutional alteration.
The 1981 Airlines Agreement
Authors: Burmester H 
Published: January 2019

The passage of the Airlines Agreement Act 1981 (Cth), along with other supporting legislation, represents the culmination of the most detailed public debate on airline regulation in Australia for almost 30 years. During this period, Australia has had an airline system characterised by the presence of essentially only two main carriers on the trunk routes. This system has been maintained by deliberate government protection of the two carriers in accordance with the terms of a series of airlines agreements. This protection is to continue. The 1981 Agreement is, however, significantly different from the earlier airlines agreements. The objective of the new Agreement is to maintain the previous two-airline policy “but with the objective of increasing the level of competition within the industry in a rational and orderly manner”.The public debate that took place prior to passage of the legislation is not likely to cease. There is to be an inquiry to “undertake an objective assessment of the advantages and disadvantages of deregulating the domestic aviation environment”.
Protecting Business Reputation in Australia — Section 52 of the Trade Practices Act and Passing Off
Authors: Sharpe Anna 
Published: January 2019

The common law relating to the tort of passing off is the traditional means by which conduct threatening business reputation may be halted. During the past five years, the Federal Court of Australia has been called upon on many occasions to apply s 52 Trade Practices Act 1974 (Cth) to prevent such conduct. As yet, there has been no clear judicial statement as to the interrelationship and overlap between the two causes of action.This Article discusses the scope of the two causes of action in the context of an allegation of actual or threatened erosion of goodwill. The types of cases in which such allegation is usually made is then examined and suggestions given as to which cause of action should be relied on.
Why is Australia’s Constitution Binding? – The Reasons in 1900 and Now, and the Effect of Independence
Authors: Lindell G J 
Published: January 2019

The enactment of legislation to sever the remaining constitutional links between the United Kingdom and Australia makes it desirable to address the question as to why Australia's Federal Constitution should be regarded as an instrument of higher law and thus legally binding. The answer which one gives to that question may be significantly different to the answer which a lawyer is likely to have given when the Commonwealth of Australia Constitution Act 1900 (UK) was enacted.A possible answer to the question was suggested by Sir Owen Dixon in a well known lecture delivered by him:The framers of our own federal Commonwealth Constitution (who were for the most part lawyers) found the American instrument of government an incomparable model. They could not escape from its fascination. Its contemplation damped the smouldering fires of their originality. But, although they copied it in many respects with great fidelity, in one respect the Constitution of our Commonwealth was bound to depart altogether from its prototype. It is not a supreme law purporting to obtain its force from the direct expression of a people’s inherent authority to constitute a government. It is a statute of the British Parliament enacted in the exercise of its legal sovereignty over the law everywhere in the King’s Dominions. In the interpretations of our Constitution this distinction has many important consequences. We treat our organs of government simply as institutions established by law, and we interpret their powers simply as authorities belonging to them by law. American doctrine treats them as agents for the people who are the source of power and their powers as authorities committed to them by a principal. From this arises the theory that powers may not be delegated; that the agent selected by the principal to exercise a function of government may not transfer any part of his authority to some other person or body, a theory which finds no place in our system.
Equal Employment Opportunity and Protective Legislation: Directions for Reform
Authors: Gunningham Neil 
Published: January 2019

Opening the Federal Government’s National Conference on Legislative and Award Restrictions to Women’s Employment in October 1986, the Prime Minister, Mr Hawke, reaffirmed the government’s commitment to equal employment opportunity, based on the belief that merit should be the major principle in determining employment and promotion. Yet he recognised that at present there are many obstacles to the achievement of that goal. One particular obstacle which limits women’s opportunities to participate fully in the workforce is the existence of a range of Federal and State legislative, regulatory and award provisions, which exclude women from certain occupations or industrial processes, prevent their advancement and contribute to a concentration of women at the bottom end of the labour market.Occupational health and safety legislation in particular, is littered with discriminatory provisions. They relate to such matters as the handling of heavy weights, shiftwork, the provision of special amenities and facilities, lead processing, industrial processes, underground mining, and apprenticeship.
Dismissals and the Federal Conciliation and Arbitration System
Authors: McDonagh Maeve 
Published: January 2019

One area in which the rights of Australian workers have lagged behind their counterparts in other western democracies is that of protection against unfair dismissal. The common law action for breach of the contract of employment has, of course, been open to employees in common law countries including Australia but recognition of the inadequacy of this procedure has led to the introduction of statutory protection against dismissal in a number of common law jurisdictions including the United Kingdom. While some of the Australian States have sought to legislate in this area the protection available at federal level has, at least until recently, been inadequate.This paper will explore the background to the federal dismissals jurisdiction in Australia and the recent developments which have extended the protection against unfair dismissal available within the Australian Conciliation and Arbitration system. At federal level, a dual system of redress for unfair dismissal has developed.
Protection of Aboriginal Sacred Sites in the Northern Territory — A Legal Experiment
Authors: Renwick James 
Published: January 2019

The Australian legal system in the last fifteen to twenty years has increasingly recognised and accommodated traditional Aboriginal rights, customs, practices and beliefs. The Commonwealth Parliament has been particularly active in this area, as illustrated by its enactment of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), (the “Land Rights Act”), the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth), and the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth). While there is no general treaty or “makarrata” between the Commonwealth or any State or Territory on the one hand and Australian Aboriginals either generally, or at a tribal or regional level on the other, this has been seriously considered by the Commonwealth and is regularly called for by Aboriginal leaders, see, for example the Barunga Statement of 12 June 1988.The Australian legal system does not currently recognise that any antecedent native title is held by Aboriginals, as sovereignty over the Australian continent is considered to have been gained by settlement over terra nullius rather than by conquest, see for example Milirrpum v Nabalco Ply Ltd; there are indications however that the current members of the High Court may be prepared to review those fundamental legal assumptions provided a suitable legal vehicle can be found.
Standing: The Role and Evolution of the Test
Authors: Allars Margaret 
Published: January 2019

Procedure is at the heart of administrative law, just as it is at the heart of public administration. The development of administrative law is rooted historically in questions of the availability of remedies, and the related question of standing. Delivering the Second Reading Speech for the Administrative Decisions (Judicial Review) Bill 1977 in the House of Representatives, Mr Ellicott QC said -The present law relating to the review by the courts of administrative decisions is in a most unsatisfactory state. A great deal has been written about the shortcomings of the present procedures and it is not, I think, necessary for me to elaborate on these deficiencies in the present context. The law in this area is clearly in need of reform - indeed, it could be said to be medieval - and simplification and to be put into statutory form. What the present Bill seeks to do is to establish a single simple form of proceeding in the Federal Court of Australia for judicial review of Commonwealth administrative actions as an alternative to the present cumbersome and technical procedures for review by way of prerogative writ, or the present actions for a declaration or injunction.
The ADJR Act: Comments on Its Workings in the Field of Broadcasting
Authors: Hall Julia 
Published: January 2019

I was asked to address the impact of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) in the field of broadcasting. That is not the title of this paper, as I frankly doubt that the availability of review under the ADJR Act has made that much difference in this area.This is not to say, of course, that there have not been important challenges to administrative decisions in this field, with significant consequences, both for those of us working in the area and for administrative law in general. I remain to be convinced, however, that similar challenges would not have occurred, or that there would have been that many less applications for review, if parties to proceedings before the Australian Broadcasting Tribunal (“ABT”) had been left to their remedies under the general law.
The ADJR Act and Personnel Management
Authors: Williams Neil 
Published: January 2019

This paper considers the impact of the Administrative Decisions (Judicial Review) Act 1977 (eth) (“the Act”) in the area of personnel management in the Australian Public Service (the“APS”). It is written from the perspective of a lawyer, rather than that of a public administrator.The paper is in four parts, dealing with: the place of personnel management in the “new administrative law”; developments in the area of review of personnel decisions since the Act came into force; the reasons for these developments, and the extent to which they may be attributed to different aspects of the Act; and assessment of the changes that have occurred.
“Underground Empire”: Intelligence Agencies and The Rule of Law
Authors: de Q Walker Geoffrey 
Published: January 2019

Three very different books published in close succession combine to highlight and dramatise the unresolved issues presented by the need that all governments feel to engage in security and intelligence activities within with an borders.For most of the twentieth century, this Earth has been the arena for a titanic infrontation between democracy and tyranny, between free debate and the great, between the rule of law and the tendency of people to disappear from the feets. The votaries of democracy, freedom and the rule of law have not always been possessed of absolute virtue and have at times been forced, or have chosen, adopt some of the methods of their adversaries. One of these is the practice of ercising surveillance over persons or activities that are judged to constitute a reat to national security. These threats are normally classified in three legories: terrorism, espionage and subversion.
Section 90 — Ninety Years On
Authors: Dixon Nicolee J 
Published: January 2019

Section 90 of the Commonwealth Constitution provides, inter alia, that:on the imposition of Wlifonn duties of customs the power of the Parliament to impose duties of customs and of excise and to grant bounties on the production or export of goods shall become exclusive.With the possible exception of s 92, no constitutional provision has created as much division in the High Court as has s 90. The difficulty surrounding the interpretation of s 92 was alleviated by the unanimous decision in Cole v Whitfield, from which emerged a clear principle to assist the Court in future decisions. The problems besetting the Court in the interpretation of s 90 have yet to be resolved.
A controlled study analyzing the temporal activity patterns of individuals with stroke compared to healthy adults
Authors: Yavuz Tatlı İbrahim , Semin Akel Burcu 
Published: January 2019

Introduction The understanding of the temporal pattern of individuals can add a wider perspective to interventions. Therefore, the present study is aimed toward analysis of the temporal activity pattern of individuals with stroke compared to healthy adults. Method This study is a prospective, case–control, analytic research study. The study sample comprised 50 individuals with stroke and 50 individuals without disease, for 80% power with a 5% type 1 error. The Modified Occupational Questionnaire was administered to assess the temporal activity pattern. Individuals identified the activities performed at each hour of the day and data was analyzed. Results The temporal activity pattern of individuals with stroke differed from healthy controls; education and play activities were not part of stroke participants’ daily routines. Also, participation in work, leisure and social participation activities was significantly different for people with stroke compared to healthy controls ( p < 0.01 ). The study group assigned very low values to the activities; the value perceived by individuals differed significantly between groups ( p < 0.01 ). Conclusion Clinicians are in a position to enable individuals’ time use and help to engage them in meaningful activity. Individuals with stroke may benefit from a program focusing on the temporal aspect of activities.
Understanding Central Asia’s Security and Economic Interests
Authors: Joshi Nirmala , Kumari Kamala 
Published: January 2019

Central Asia has always been at the centre of global power play, due to its geographic location in the centre of Eurasia and its abundant natural resources that have attracted world attention. It has, however, been caught in the vortex of international politics. An interplay of globalisation, technology and geopolitics is evident in the evolving Eurasian politics. Connectivity projects, rail, road and energy pipelines are criss-crossing the region. Its geographical proximity to Afghanistan—part of its geopolitical space—impinges on its efforts to build peace and stability. Regional cooperation is gradually taking shape in Central Asia and holds the promise of their status as independent entities. As Afghanistan is crucial for them, as well as for the world at large, understanding the security and economic issues of Central Asia becomes important. This article apart from highlighting the security and economic interests would also delineate the challenges accompanying these issues keeping the potential perspective in mind.
Leadership and Inclusion: Reculturing for Reform
Authors: Doyle Lynn H. 
Published: January 2019

It [inclusion] probably has some merit to it. If I were a parent, I certainly would be an advocate for it. On the other hand, as a regular ed teacher, I wouldn't get too excited about it&. For the most part, I have not been a strong advocate for inclusion&. I've seen some cross-categorical, self-contained models that work well, and some resource models that work well; I just haven't seen that many inclusion models that were successful. —public school principal
Site-Based Management in a Collective Bargaining Environment: Can We Mix Oil and Water?
Authors: DeMitchell Todd A. , Fossey Richard 
Published: January 2019

Don't think that, by itself, [school-based management] will produce anything. —Albert Shanker president of AFT, 19881 The school-based management that has been heralded in this town is bogus. — High school headmaster Boston Public Schools, 1991 We shall never learn to & respect our real calling & unless we have taught ourselves to consider everything as moonshine, compared with the education of the heart. —Sir Walter Scott
MAST Academy: Navigating toward Tomorrow
Authors: Jenkins John M. , Eads Linda J. 
Published: January 2019

MAST is truly a temple of learning because a person's mind can blossom. There is a spiritual and an intellectual environment supported by a flexible setting which promotes self-advancement and independence. Having lived in two communist countries, China and Cuba, I appreciate the importance of independence. -Armando Ballart Senior, MAST Academy
Radiographic Nuances in Allergic Fungal Rhinosinusitis
Authors: Rowan Nicholas R. , Janz Tyler A. , Schlosser Rodney J. , Soler Zachary M. 
Published: January 2019

Background Allergic fungal rhinosinusitis (AFRS) is characterized by higher revision endoscopic sinus surgery (ESS) rates and unique radiographic features when compared to chronic rhinosinusitis with nasal polyposis (CRSwNP) or chronic rhinosinusitis without nasal polyposis (CRSsNP). Objective We hypothesized that an increased frequency of concha bullosa in AFRS or other radiographic nuances might allow for accumulation of allergic mucin and contribute to increased ESS revision rates. Methods A retrospective cohort study was performed. Patient diagnosis (AFRS, CRSwNP, and CRSsNP), basic demographics, and prior ESS rates were collected. Results A total of 210 consecutive patients were included (AFRS = 70, CRSwNP = 70, and CRSsNP = 70). Pediatric AFRS patients had more unilateral disease (38.1% vs 4.4%; P = .007) and anterior ethmoid skull base erosion (23.8% vs 6.7%; P = .047) than adult AFRS patients. AFRS patients were more likely to be younger (24.9 ± 10.1 years vs 45.6 ± 14.4 years vs 48.7 ± 18.2 years; P < .001), African American (70% vs 14.3% vs 11.4%; P < .001), and have undergone prior ESS (54.3% vs 45.7% vs 31.4%; P = .02) than CRSwNP or CRSsNP patients. Concha bullosa were more prevalent in AFRS patients than CRSwNP or CRSsNP patients across the population (42.9%, 18.6%, and 14.3%; P < .001) and in the setting of no previous surgery (53.1%, 31.6%, and 16.7%; P < .001). Conclusion In this cohort, pediatric AFRS patients had more unilateral disease and anterior ethmoid skull base erosion. Concha bullosa prevalence was significantly higher in AFRS as compared to those with CRSwNP or CRSsNP, despite prior ESS. Surgeons should consider concha bullosa as a potential anatomical subsite to harbor recurrent or residual disease.