bluuebunny/crossref_metadata_2025_split huggingface dataset:
State Courts and Federal Administrative Law: Problems of Federal Jurisdiction
Authors: Baker Clifton 
Published: January 2019

From the time a Federal Court was first proposed, questions about its jurisdiction, and its relationship with state courts have dominated discussion. While it is not proposed to review this extensive literature in detail, it is apposite to draw on some insights from an article by Sir Garfield Barwick published in 1964 at an early stage of this debate. First, it was suggested that the matters in which a Federal Court should have jurisdiction be in some way special. This special element could, it was said, consist of either a distinctive and separate body of law, a desire for uniformity in the interpretation of Commonwealth law, or the character of a party involved in a matter (eg the Commonwealth or a State). Secondly, and of major importance to the present consideration of the exclusive jurisdiction of Federal Courts, Barwick stated:My own preference for a new federal court rests on a view that most of these matters present characteristics sufficiently ‘special’ to make a Federal Court the most appropriate forum. Whenever it can, therefore, I think the Parliament should make the jurisdiction it gives any such new federal court, exclusive.
Section 79 Judiciary Act 1903 — How Widely Does it Travel?
Authors: Cook Catriona 
Published: January 2019

A re-examination of the application and effect of s 79 of the Judiciary Act 1903 (Cth) — that “tangled and technical” topic — is called for by three developments: the institution, in 1976, of the procedure which the High Court has used to remit all diversity suits to other courts; the establishment of the seat of the High Court in the Australian Capital Territory; and the enactment of cross-vesting legislation in all Australian jurisdictions.Those events have raised problems as to the law applicable when a court is exercising federal jurisdiction. A related question, to which no consistently satisfactory answer has been given, is: which is the most appropriate court to which to remit any particular case? That problem will be discussed below, although it is likely to arise less frequently with the coming into force of the new legislation on the cross-vesting of jurisdiction.
Would the Abolition of the States be an Alteration of the Constitution under Section 128?
Authors: Craven Gregory 
Published: January 2019

It could hardly be disputed that the fundamental issue in Australian constitutional law and theory is federalism. Federalism is the keystone of the Australian constitutional system, and is the battleground over which most of the great conflicts in Australian constitutional law have been fought. Nor could it plausibly be denied that the absolute basis of Australian federalism is the continued existence of the States. What makes Australia ‘federal’ is the presence of two separate spheres of government, each with its own organs, powers and functions, the Commonwealth and the States. Whatever other features of the Australian constitutional system might safely be dispensed with without endangering the title ‘federal’, there can be little doubt that the abolition of the States would involve the termination of federalism within Australia.The present article, then, is concerned with an issue which goes to the heart of Australian federalism — the abolition of the States which collectively go to make up the federation itself.
Re-Enacting the Constitution in an Australian Act
Authors: Moshinsky Mark 
Published: January 2019

The Australian Constitution was drafted by the ‘founding fathers’ at several Constitutional Conventions in the 1890s and submitted to the people for approval. Following a Premiers’ Conference at which some further changes were made, and submission of the document again to the people, a delegation was sent in 1900 to present the new document to the British Government. After the British Colonial Office had made some minor changes, the Parliament of Westminster passed the Commonwealth of Australia Constitution Act 1900 (UK) on 9 July 1900. The preamble and enacting clause of the Act read as follows ...WHEREAS the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established:And whereas it is expedient to provide for the admission into the Commonwealth of other Australasian Colonies and possessions of the Queen:Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembled, and by the authority of the same, as follows:- ....
The Privacy Act 1988 (CTH): A Study in the Protection of Privacy and the Protection of Political Power
Authors: Bygrave Lee A 
Published: January 2019

The issue of the protection of privacy sums up a congeries of public anxieties about the standing of individuals in relation to those who exercise governmental and economic power. The issue has impinged increasingly on governmental and legal processes but it is one which these processes have had difficulty assimilating. At a general level, this article attempts to provide some insights into this difficulty, taking the Privacy Act 1988 (Cth) as its main focus.Until now, analyses of the Privacy Act have tended to concentrate quite narrowly upon its provisions. Although a number of shortcomings have been identified as a consequence, no detailed or systematic explanations for these shortcomings have been advanced. This article seeks both to outline the deficiencies in the Act and to explain them. It takes as its point of departure the premise that the Act's deficiencies cannot be explained adequately by looking only at its provisions or formal legislative history.
Parallel Importing: Unlawful Use of Trade Marks
Authors: Davison Mark J 
Published: January 2019

There has recently been considerable discussion of the law concerning parallel importing of copyright materials. Yet the legality of parallel importing of trade marked products has still to be decided at an appellate level in Australia despite a number of Australian single judge decisions2 on the issue.The term ‘parallel importing’ can be applied to a number of different activities. However, it usually involves the application in an overseas country of an Australian trade mark (Australian in the sense of being physically identical to the Australian mark) to products manufactured overseas. The application of the mark and the subsequent sale of the product in the overseas country is undoubtedly lawful but some of the marked products are then imported into Australia without the express consent3 of the Australian registered proprietor. This importation in competition with the Australian registered proprietor is parallel importing.
Overcoming the Adversarial Bias in Tribunal Procedures
Authors: Dwyer Joan 
Published: January 2019

I have had an interest in inquisitorial procedures and a lack of conviction to the often claimed superiority of adversarial procedures as long as I have have any interest in the law. Until recently however I found it difficult to engage other Australian lawyers in discussions which questioned whether the adversarias system is necessarily the best. It seems that my experience reflected the strength of the “Anglo-American legal culture”.The decision of the Court of Appeal of New South Wales in Government Insurance Office of New South Wales v Glasscock demonstrates both th traditional view that a trial should be adversarial and a more open approach to the question. One submission of counsel for the appellant was that the trial hal miscarried because of the extent of judicial intervention, which was summed u by saying that the adversarial basis of the trial had been lost as a result of the judge's intervention.
The Wig or the Sword? Separation of Powers and the Plight of the Australian Judge
Authors: Brown A J 
Published: January 2019

The Constitution of Australia embodies a liberal political theory that the freedom of the citizen is dependent on the separation and distribution of the powers of the state between different institutions - legislative, executive and judicial. With the possible exception of a democratically elected legislature, none of these institutions should dominate the way in which the powers of the remainder are exercised. For the safeguard of personal liberty, each should act as a check and balance against the over-exercise of power by the remainder, and especially by the executive government of the day.This principle - the separation of powers - was inherited originally from England but developed considerably in the United States. It has been regarded as a fundamental element of the Constitution since the act of federation in 1901. Recognition of the principle reputedly reached a high point in Boilermakers, a decision of the High Court of Australia in 1956.
Public Choice: The Economic Analysis of Public Law
Authors: Gunningham Neil 
Published: January 2019

Law students, served a standard helping of textbook or case method analysis, could be forgiven for thinking that the “law” consists mainly of common law rather than legislation, and that cases, not statutes, are the central repository of legal knowledge. Even those who study legislation often end up with a court-centred view of law. For while legislators enact laws, it is the judiciary which actually interprets, and in some respects, enforces them.Such a view is essentially inaccurate. Australia, like most other advanced western democracies, is an administrative state, shaped by explicitly adopted policies, incorporated in legislation and implemented by a large array of large regulatory agencies. The economy, the health and safety of the public and the work force, the environment, and a multiplicity of other social goals are all regulated (with varying degrees of success) by this means.
Statutory Interpretation, Law Reform and Sampford's Theory of the Disorder of Law — Part One
Authors: Barnes Jeffrey W 
Published: January 2019

[I]n order to begin to understand public law we must first try to make it strange.The law of statutory interpretation is often wrongly thought of as a “quiet backwater”. The myth that it is a dry, formal subject containing simple rules persists despite high-level seminars devoted to it, law reform reports, sweeping statutory reforms, mammoth texts, sophisticated judicial descriptions, and, in the last decade, numerous scholarly articles and works emanating particularly from North America.
Analysis and comparison of the two sectoring approaches in elevator traffic systems
Authors: Al-Sharif Lutfi , Hammoudeh Ahmad , Al-Saidi Jannat 
Published: January 2019

Sectoring is a group control algorithm that is used in elevator traffic control systems by grouping passengers that have common destinations or common origins into elevator cars that serve these floors. The building is split into sectors usually comprising contiguous floors. Two different alternative algorithms for sectoring are discussed in this paper. The first approach is based on dynamic allocation with equal sector allocation. The second approach is based on static allocation with unequal sector sizes. Under static allocation, the same elevator car is allocated to the same sector in every round trip. Under dynamic allocation, each elevator car is allocated to a different sector in each round trip. Under the dynamic allocation scheme suggested in this paper, the elevator cars are sequenced to the various sectors in the buildings in a round-robin fashion. It is important to note that under both schemes, the provided (relative) handling capacity of different sectors is equalised. Five different buildings have been analysed using the two suggested sectoring algorithms. The building is first designed by finding the required number and speed of elevators assuming conventional control. Each building is then analysed using one of the two suggested sectoring algorithms. In order to compare the performance of the two sectoring algorithms, the provided (relative) handling capacity is calculated. The provided (relative) handling capacity of the two suggested algorithms is then compared. Very little difference was found between the two algorithms. The dynamic sectoring with equal sector sizes offers the convenience of having equal sector sizes. The static sectoring with unequal sector sizes is more convenient for passengers that are familiar with the building. Practical application: This paper analyses two different options for sectoring the control system of an elevator system in a building. Each of the two sectoring methods is suitable for different situations. The dynamic allocation method is more suitable for destination group control systems and offers the group controller more flexibility. The static allocation method with unequal sector sizes ensures that the passengers remain familiar with the elevators that they use to get to their floors. The programmer of the elevator group controller can programme both methods in the controller and allow it to switch to the most suitable algorithm depending on the prevailing conditions.
Efficacy of high-intensity laser therapy in subacromial impingement syndrome: a three-month follow-up controlled clinical trial
Authors: Aceituno-Gómez Javier , Avendaño-Coy Juan , Gómez-Soriano Julio , García-Madero Venancio Miguel , Ávila-Martín Gerardo , Serrano-Muñoz Diego , González-González Jaime , Criado-Álvarez Juan José 
Published: January 2019

Objectives: To evaluate the effectiveness of high-intensity laser therapy on shoulder pain and function in subacromial impingement syndrome. Design: Clinical controlled trial with alternate allocation. Setting: Hospital Department of Rehabilitation. Subjects: A total of 46 participants with subacromial impingement syndrome. Intervention: Participants were sequence allocated to an intervention group (high-intensity laser therapy + exercise therapy) and control group (sham-laser + exercise therapy) and received 15 sessions (five days a week during three weeks). Main measures: Patiens were evaluated at baseline, after 15 sessions, and at one month and at three months after completing the intervention. The main outcome variables were pain and functionality as measured by visual analogue scale; pressure pain threshold; Shoulder Pain and Disability Index; Constant-Murley Score; and QuickDASH. Secondary outcomes were number of sessions at discharge and drug use. Results: A total of 21 patients in high-intensity laser therapy group (56.7 ± 8.9 years) and 22 patients in sham-laser group (61.3 ± 8.9 years) concluded the study. Visual analogue scale (cm) at baseline, one-month, and three-months were 6.2 ± 0.5, 3 ± 2.6, and 2.6 ± 2.4 for the control group and 5.4 ± 1.5, 3.6 ± 1.3, and 1.8 ± 1.7 for experimental group, respectively. Shoulder Pain and Disability Index (points) at baseline, one-month, and three-monts were 51.8 ± 16.1, 16.3 ± 16.1, and 13.6 ± 17.1 in the control group and 41.8 ± 20.6, 20.5 ± 19.7, 11 ± 14.5 in experimental group, respectively. No differences were found between groups ( P > 0.05). Conclusion: The effect of high-intensity laser therapy plus exercise is not higher than exercise alone to reduce pain and improve functionality in patients with subacromial syndrome.
Hepatitis C
Authors: Liddle C. 
Published: January 2019

The hepatitis C virus (HCV) genome was isolated during the late 1980s using molecular cloning techniques. It is recognized as the cause of most cases of percutaneously transmitted non-A, non-B hepatitis. Prevalence of antibodies to HCV (anti-HCV) in the general Australian population is 0.370. However; among regular intravenous drug users the prevalence exceeds 90%. The predominant risk factors for HCV are intravenous drug use, tattoos, exposure to blood products, occupational risk and ethnicity. In contrast to hepatitis B, sexual spread and vertical transmission of HCV from mother to neonate are relatively uncommon. The risk of acquiring HCV from a single HCV-contaminated needlestick accident is about 5%. Most cases of acute HCV infection are asymptomatic, but 50 to 80% progress to chronic disease. The percentage of those with chronic HCV progressing to cirrhosis is not accurately known, but is probably 20%. Treatment strategies for HCV utilizing recombinant interferons, are proving useful in patients with mild to moderate liver disease, but fare less well in patients with cirrhosis. Currently, there is no vaccine for hepatitis C, so pre-exposure prophylaxis is not possible. Equally, no post-exposure intervention, for example with gamma globulin, has been shown to be beneficial, though there may be a role for early interferon therapy.
Anaesthesia and Emerging Infectious Diseases
Authors: Dwyer D. E. 
Published: January 2019

New infectious diseases and microorganisms continue to be described. They may be blood- or arthropod-borne, or spread by the respiratory, sexual or faecal-oral route; in some cases, modes of transmission remain unknown or new ones have been described. Complex factors have contributed to the re-emergence of older pathogens in both developing and developed countries. Changes in medical and surgical practice have led to the frequent description of resistant gram-positive and negative bacteria, fungi and bacteria. Although many of the newly described agents may not be directly relevant to routine anaesthetic and intensive care practice, their impact on both patients and staff can be minimized by adherence to rational infection control guidelines, understanding of local disease and anti-microbial resistance patterns, sensible patient evaluation and access to expert advice. Given recent history, it can be expected that new microorganisms and clinical syndromes will continue to appear.
The changing role of the nation-state and regulation: Workplace bullying legislation in The Netherlands
Authors: D’Cruz Premilla , Mulder Roelie , Noronha Ernesto , Beerepoot Niels , Magala Slawek 
Published: January 2019

Workplace bullying literature has focused mainly on actions of individual targets of mistreatment, undertaken to address the problem, and on analyses of the effectiveness of responses. Less attention has been paid to the efficacy of state regulation in establishing a climate of prevention as well as redress. We examine the role of the Dutch Working Conditions Act as a means of mitigating workplace bullying from the perspective of legislative intention, processes and outcomes. Semi-structured interviews with stakeholders involved in creating, influencing and implementing the Act are analysed thematically to highlight how contextual, employer and phenomenon-specific factors affect the effectiveness of legislation with regard to workplace bullying. The findings indicate that state involvement, organisational commitment and collective action are all important contributors in reducing workplace bullying, but that even in the context of neoliberalism, the role of the nation-state is of critical importance, notwithstanding initiatives by employers. JEL Codes: J58, J78, J81, M54
ED-PALS: A Comprehensive Palliative Care Service for Oncology Patients in the Emergency Department
Authors: Koh Mervyn Y.H. , Lee Jia F. , Montalban Socrates , Foo Chik L. , Hum Allyn Y.M. 
Published: January 2019

Background: The American College of Emergency Physicians has identified early palliative care referral for patients with advanced cancer as a key competent of the Choosing Wisely campaign. Objectives: To study the feasibility of a new 3-way model of care between emergency department (ED), hospital palliative care department, and inpatient/home hospice. Methods: This was a prospective, descriptive study that included oncology patients who attended the hospital ED over a 3-year period from January 2015 to December 2017. The inclusion criteria were as follows: (1) presence of metastatic cancer with either; (2) any 1 of the following symptoms: pain, dyspnea, nausea and vomiting, delirium, or swelling; or (3) potential care difficulties (requiring home hospice care or inpatient hospice). Results: A total of 340 patients were referred from the ED. Mean age was 72 years, 59% were males and 41% females, and the majority (88%) were Chinese. The most common cancers were lung 89 (26%), colorectal 71 (21%), and hepatobiliary cancer 49 (14%). The most common symptoms on Edmonton Symptom Assessment Scale scoring were pain (34%), poor appetite (31%), and dyspnea (26%). Conclusions: This tripartite model of palliative care, hospice, and ED collaboration allows earlier access to palliative care in the ED and direct admissions to the palliative care unit and comfort care rooms. The ED patients who did not need admission were also attended to in the palliative care “Hot Clinics” within a week with home hospice help. Patients who required inpatient hospice care were directly admitted there from the ED.
Toward an Accurate Description of the Student Dropout Program
Authors: McNamara James F. , McNamara Maryanne 
Published: January 2019

The intent of this article was to demonstrate that reporting only student dropout rates can be extremely misleading. Precisely how this common reporting practice is misleading was demonstrated first by using a hypothetical case study, and then by using a real data case study based on student dropout information provided for the 1988–1989 school year in the Bryan ISD. The solution to this problem was straightforward. School district reports and newspaper articles on school dropouts should present both student dropout rates and student dropout counts in a single graphic representation or data table. This reporting practice would substantially reduce opportunities for anyone in the school community to reach incorrect conclusions or to advance unwarranted stereotypic statements about the school district and any racial group of students residing in the district.
Nongrading the High School
Authors: Jenkins John M. 
Published: January 2019

We have innovated cautiously, taking baby steps where giant steps are needed. Instead of experimenting boldly with promising new ideas, our innovations have been introduced with caution and trepidation. The bravery with which schools introduce new heresies can best be compared to the quavering whistle of a man taking a short cut through a cemetery at midnight in the dark of the moon. —B. Frank Brown (1963)