bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sir Anthony Mason
Authors: Zines Leslie 
Published: January 2018

Anthony Frank Mason came to the notice of many in the legal profession early in his career. He was admitted to the New South Wales Bar in 1951 and three years later had his first significant success in a constitutional challenge to provisions of the Bankruptcy Act, arguing that provisions purporting to give power to the registrar were contrary to Chapter III of the Constitution. Shortly afterwards he endeavoured to appear for Fitzpatrick in the proceedings before the House of Representatives against his client and Browne for contempt of Parliament but he was denied permission. He has said that that experience had a considerable effect on his outlook in respect of the principles of natural justice and the importance of the courts in protecting the citizen.In 1964 he was appointed Solicitor-General of the Commonwealth. While he was the fourth person to hold that position (the others being Garran, Knowles and Bailey) he was the first Solicitor-General who was not also Secretary of the Attorney-GeneralIs Department. His main duties were, therefore, to act as counsel and adviser to the Commonwealth. This gave him insights into the institutions and organisation of government which no doubt played their part in the formation of his later judicial views on public law.
Judicial Review: A View from Constitutional and other Perspectives
Authors: Mason Anthony 
Published: January 2018

Administrative law forms an important part of public law. Public law also includes and is subject to the prescriptions of constitutional law. In shaping the principles of public law within the limits that necessarily apply to the judicial process, the courts, notably the High Court, have a large responsibility. There is the responsibility to ensure that the principles so shaped protect and enhance the form of democratic government for which the Constitution provides, as well as the rights and freedoms recognised by the common law, the common law being the foundation of the Australian Constitution. Professor Allars has succeeded in painting a broad picture of what that has entailed in the area of administrative law, so far as I was concerned.Justice Gummow is unquestionably right in reminding us that judicial review has roots in the Constitution itself. Whether he is also right in saying that there has been a failure to realise this by some who teach administrative law not comparatively, but through English spectacles, I am unable to judge.
The Crown
Authors: Seddon Nick 
Published: January 2018

“…the concept of the Crown is…deeply ambiguous.”The ambiguity surrounding the concept of the Crown stems from the very many functions that it has been required to perform. One tends to forget that it is merely a type of hat, as Maitland and Lord Simon have observed, so bound up in the symbolism of that headgear has the word become. So important was this symbolism that Oliver Cromwell ordered that the regalia should be totally broken. This symbolism, in its turn, metamorphosed from representing the person of the king or queen to the artificial person of a corporate body, though it was not clear whether the Crown was a corporation sole or corporation aggregate. This corporate manifestation was needed to explain how it was that government continued without being dependent on the person of the sovereign. The Crown was the government occupying a role not dissimilar to the Holy Trinity, being the executive, judicial and legislative arms of government in one. Each of these arms to this day, both in England and Australia, does things in the name of the sovereign.
The Underpinnings of Judicial Review of Administrative Action: Common Law or Constitution?
Authors: Gageler Stephen 
Published: January 2018

There was published in the University of Chicago Law Review some years ago a debate between Professor Dworkin and Judge Posner in the course of which Judge Posner drew a distinction between “top down” and “bottom Up” reasoning. He accused Professor Dworkin of being a “top downer” and professed himself to be an unashamed “bottom upper”.Let me explain the distinction. In “top down” reasoning the judge or legal analyst adopts a theory about an area of law. The theory is then used to organise and explain the cases; to marginalise some and to canonise others. In “bottom up” reasoning the judge or legal analyst starts with the mass of cases or the legislative text and moves only so far as necessary to resolve the case at hand. According to Judge Posner “[t]he top downer and the bottom upper do not meet”.The distinction is useful although the dichotomy is not complete. The “bottom upper” would be lost in the wilderness of the single instance without some organising theory.
The Ghost of Truganini: Use of Historical Evidence as Proof of Native Title
Authors: Reilly Alexander 
Published: January 2018

In numerous histories of Aboriginal peoples in Tasmania written up to the 1970s, the image of Truganini, in western clothes seeing out her days, is the visible presence of extinction. “Her last years were comfortable, it seems, but there was a shadow over them—her fear of the body-snatchers and mutilation after death... ‘Don't let them cut me up’ she begged the doctor as she lay dying. 'Bury me behind the mountains.' The histories end with romantic philosophical musings over the inevitable demise of Tasmanian Aborigines. “The Tasmanians were hurried and harried from the face of this earth by the poison of European contact and the sword of destruction. Unable to merge with the European colonists, unable to withstand them, they perished.” The histories present a natural and irrefutable closure. There are no Tasmanian Aborigines.The advent of native title law has brought with it a new interrogation of the history of Aboriginal people in Australia. The claims process has produced new ethnographic, anthropological and historical interest in indigenous history and culture.
PLAY AND RITUAL – ONTOLOGICAL ASPECTS OF PHOTOGRAPHY
Authors: MAVROPOL Andra 
Published: January 2018

Play and Ritual – Ontological Aspects of Photography. This research aims to analyse the ontological aspects of photography that relate to its lack of objectivity, namely the concepts of play and ritual that are important parts in photography’s being in the world. Acknowledging that what appears on the surface of the picture is the result of distortions caused by the technical praxis or by the photographer’s intentional intervention, one should be bound to question photography’s realism. My claim is that the apparently objective picture depicts, in fact, a constructed image that implies a creative process in which the photographer, the model and the spectator are involved. The paper follows Andre Bazin, Jean Baudrillard and Roland Barthes’ discourses about the ontology of photography, through an analysis of its ritualistic aspect, which involves a process of recreating reality through play. The importance of this paper can be highlighted by the fact that it offers an insight into a problem that is often overlooked: the photographic image’s lack of objectivity is rarely questioned on one hand, and on the other, subjectivity can be noticed through the way in which one relates to the photographic image, since it has the ability to depict a person or a scene that can trigger some sort of a personal response to that image in the spectator.
Penerapan Sertifikasi Aquaculture Stewardship Council (ASC) Terhadap Produk Udang Budidaya (Studi Kasus: Tarakan - Kalimantan Utara)
Authors: Pramoda Radityo , Putri Hertria Maharani 
Published: January 2018

ASC (Aquaculture Stewardship Council) is a label, indicating that a product that has been passed through environmental sustainability and good aquaculture practices. Objectives of this study are to identify ASC standards and national regulations, and to examine the readiness of exporters and shrimp farmers to apply ASC principles in Tarakan. This study utilizes empirical juridical and descriptive statistical methods. Results of the study indicate that: (1) ASC certification has 7 principles, 34 criteria, and 103 indicators; (2) ASC principles are supported by: 5 Laws, 4 Government Regulations, 1 Presidential Decree, 3 Regulations of the Minister of Marine Affairs and Fisheries, and 4 Decrees of the Minister of Marine Affairs and Fisheries; (3) ASC certification requires high cost; (4) in general the level of readiness of exporter and shrimp fishermen still need to be improved; (5) pond land is mostly illegal. The policy recommendations of this research are: (1) the government reorganizes the national regulatory system to avoid overlapping rules and regulatory vacancies; (2) the government provides lobbies and assessors to relieve the cost of certification; (3) the government adopts the ASC principle criteria to improve competitiveness; (4) the government encourages municipal government in Tarakan to immediately resolve the problem of illegal fishing ponds.
Keywords: Application, Cultivation Stewardship Council, Aquaculture Shrimp Products
ASC (Aquaculture Stewardship Council) merupakan sebuah label, bahwa produk sudah melalui prosedur keberlanjutan lingkungan dan aspek sosial praktek budidayayang baik. Tujuan penelitian ini adalah mengidentifikasi ketentuan ASC dan regulasi nasional, serta mengkaji kesiapan eksportir maupunpembudidaya Udang menerapkan prinsip ASC di Tarakan.Analisis kajian menggunakan metode yuridis empirisdan statistika deskriptif. Hasil penelitian menunjukkan: (1) sertifikasi ASC memiliki 7 prinsip, 34 kriteria, dan 103 indikator; (2) prinsip ASC didukung: 5 Undang-Undang, 4 Peraturan Pemerintah, 1 Keputusan Presiden, 3 Peraturan Menteri Kelautan dan Perikanan, dan 4 Keputusan Menteri Kelautan dan Perikanan; (3) sertifikasi ASC membutuhkan biaya mahal; (4) secara umum tingkat kesiapan eksportir dan petambak Udang masih perlu ditingkatkan; (5) lahan tambak sebagian besar ilegal. Rekomendasi kebijakan penelitian ini: (1) penataan sistem regulasi nasional untuk menghindari tumpang tindih aturan dan kekosongan pengaturan; (2) pemerintah melakukan lobi atau menyediakan tenaga penilai untuk meringankan biaya sertifikasi; (3)mengadopsi kriteria prinsip ASC untuk meningkatkan daya saing; (4) pemerintah mendorong otoritas daerah Kota Tarakan segera menuntaskan masalah lahan tambak ilegal.
Kata Kunci: Penerapan,Aquaculture Stewardship Council, Produk Udang Budidaya
Assessment of tissue-specific cortisol activity with regard to degeneration of the suspensory ligaments in horses with pituitary pars intermedia dysfunction
Authors: Hofberger Sina C. , Gauff Felicia , Thaller Denise , Morgan Ruth , Keen John A. , Licka Theresia F. 
Published: January 2018

Abstract
OBJECTIVE To identify signs of tissue-specific cortisol activity in samples of suspensory ligament (SL) and neck skin tissue from horses with and without pituitary pars intermedia dysfunction (PPID).
SAMPLE Suspensory ligament and neck skin tissue samples obtained from 26 euthanized horses with and without PPID.
PROCEDURES Tissue samples were collected from 12 horses with and 14 horses without PPID (controls). Two control horses had received treatment with dexamethasone; data from those horses were not used in statistical analyses. The other 12 control horses were classified as old horses (≥ 14 years old) and young horses (≤ 9 years old). Standard histologic staining, staining for proteoglycan accumulation, and immunostaining of SL and neck skin tissue sections for glucocorticoid receptors, insulin, 11β hydroxysteroid dehydrogenase type 1, and 11β hydroxysteroid dehydrogenase type 2 were performed. Findings for horses with PPID were compared with findings for young and old horses without PPID.
RESULTS Compared with findings for old and young control horses, there were significantly more cells stained for glucocorticoid receptors in SL samples and for 11 β hydroxysteroid dehydrogenase type 1 in SL and skin tissue samples from horses with PPID. Insulin could not be detected in any of the SL or skin tissue samples. Horses with PPID had evidence of SL degeneration with significantly increased proteoglycan accumulation. Neck skin tissue was found to be significantly thinner in PPID-affected horses than in young control horses.
CONCLUSIONS AND CLINICAL RELEVANCE Results suggested that tissue-specific dysregulation of cortisol metabolism may contribute to the SL degeneration associated with PPID in horses.
Effect of trotting speed on kinematic variables measured by use of extremity-mounted inertial measurement units in nonlame horses performing controlled treadmill exercise
Authors: Cruz Antonio M. , Vidondo Beatriz , Ramseyer Alessandra A. , Maninchedda Ugo E. 
Published: January 2018

Abstract
OBJECTIVE To assess effects of speed on kinematic variables measured by use of extremity-mounted inertial measurement units (IMUs) in nonlame horses performing controlled exercise on a treadmill.
ANIMALS 10 nonlame horses.
PROCEDURES 6 IMUs were attached at predetermined locations on 10 nonlame Franches Montagnes horses. Data were collected in triplicate during trotting at 3.33 and 3.88 m/s on a high-speed treadmill. Thirty-three selected kinematic variables were analyzed. Repeated-measures ANOVA was used to assess the effect of speed.
RESULTS Significant differences between the 2 speeds were detected for most temporal (11/14) and spatial (12/19) variables. The observed spatial and temporal changes would translate into a gait for the higher speed characterized by increased stride length, protraction and retraction, flexion and extension, mediolateral movement of the tibia, and symmetry, but with similar temporal variables and a reduction in stride duration. However, even though the tibia coronal range of motion was significantly different between speeds, the high degree of variability raised concerns about whether these changes were clinically relevant. For some variables, the lower trotting speed apparently was associated with more variability than was the higher trotting speed.
CONCLUSIONS AND CLINICAL RELEVANCE At a higher trotting speed, horses moved in the same manner (eg, the temporal events investigated occurred at the same relative time within the stride). However, from a spatial perspective, horses moved with greater action of the segments evaluated. The detected changes in kinematic variables indicated that trotting speed should be controlled or kept constant during gait evaluation.
In vitro effects of doxorubicin and tetrathiomolybdate on canine hemangiosarcoma cells
Authors: Sloan Caroline Q. , Rodriguez Carlos O. 
Published: January 2018

Abstract
OBJECTIVE To assess the in vitro effects of doxorubicin and tetrathiomolybdate (TM) on cells from a canine hemangiosarcoma cell line.
SAMPLE Cultured cells from the canine hemangiosarcoma–derived cell line DEN-HSA.
PROCEDURES Cells were treated with TM (0 to 1.5μM), doxorubicin (0 to 5μM), or both with or without 24 hours of pretreatment with ascorbic acid (750μM). Degree of cellular cytotoxicity was measured with a colorimetric assay. Long-term growth inhibition was assessed with a 10-day colony-formation assay. Induction of apoptosis was quantitated by fluorometric assessment of caspase-3 and −7 activation. Formation of reactive oxygen species (ROS) was also detected fluorometrically.
RESULTS Exposure of cells to the combination of TM and doxorubicin resulted in a greater decrease in proliferation and clonogenic survival rates than exposure to each drug alone. This treatment combination increased ROS formation and apoptosis to a greater extent than did doxorubicin or TM alone. Ascorbic acid inhibited both TM-induced ROS formation and apoptosis.
CONCLUSIONS AND CLINICAL RELEVANCE Results suggested that the enhancement in cytotoxic effects observed with DEN-HSA cell exposure to the combination of doxorubicin and TM was achieved through an increase in ROS production. These findings provide a rationale for a clinical trial of this treatment combination in dogs with hemangiosarcoma.
Mechanisms of Protection from Interest Rate Risk with Reference to the Life Insurance Market in Montenegro
Authors: Burić Milijana Novović , Kašćelan Vladimir , Radović Milivoje , Filipović Ana Lalević 
Published: January 2018

Abstract
Insurance companies are facing major challenges that point to the need for control process and risk management. Risk management in insurance has a direct impact on solvency, economic security, and overall financial stability of insurance companies. It is very important for insurance companies to adequately calculate risks to which they are exposed. Asset liability management (ALM), as an integrated approach to financial management, requires simultaneous decision-making about categories and values of assets and liabilities in order to establish the optimum volume and the ratio of assets and liabilities, with the understanding of complexity of the financial market in which financial institutions operate. ALM focuses on a significant number of risks, whereby the emphasis in this paper will be on interest rate risk which indicates potential losses that may reflect in a lower interest margin, a lower value of assets or both, in terms of changes in interest rates. In the above context, the aim of this paper is to show how to protect from interest rate changes and how these changes influence the insurance market in Montenegro, both from the theoretical and the practical point of view. The authors consider this to be an interesting and very important topic, especially because the life insurance market in Montenegro is underdeveloped and subject to fluctuations. Also, taking into account the fact that Montenegro is a country that has been making serious efforts to join the EU, it is expected that insurance companies in Montenegro will strengthen their financial position in the market even using the ALM traditional techniques, which is shown in this paper.
South Africa’s Financial Development and its Role in Investment
Authors: Muyambiri Brian , Odhiambo N.M. 
Published: January 2018

Abstract
This study investigates the impact of financial development on investment in South Africa between 1976 and 2014. The model estimated is based on the flexible accelerator investment model. Composite indices for bank-based and market-based financial development indicators are used as explanatory variables. The estimated model postulates that both bank-based financial development and market-based financial development have an acceleratorenhancing effect on investment. Results show that market-based financial development has a positive impact on investment in the long run, while bank-based financial development has a negative effect in the short run. Implications are that, for South Africa, market-based financial development has a positive accelerator-enhancing effect on investment in the long run. In contrast, bank-based financial development is found to have a negative accelerator enhancing effect on investment in the short run.
Rising Islamophobic Discourses in Europe and Fight Against Islamophobia on the Basis of International Organizations
Authors: Kedikli Umut , Akça Mehmet 
Published: January 2018

Abstract
European Civilization was built on the concepts of multiculturalism, tolerance, and dialogue but in the post-Cold War period, without considering these concepts, some European politicians, scientists, and the press have associated concepts of conflict, terror, disintegration, exclusion, and assimilation with Islam. Anti-immigrant and anti-Muslim attitudes are viewed as a new coherent ideology to replace anticommunism following the post-collapse period of the Soviet Union. Thus, a new enemy image and an exclusionist and alienating discourse aimed especially at Muslim societies in Europe were created after the 1990s. Subsequently, this new discourse diffusing across the European continent is referred to as “Islamophobia”. Gradually Muslim immigrants are perceived to be the number one fundamental cause of politic, economic and social issues in European countries so Islamophobic discourses have intensified following the 90s. The aftermath of the September 11 attacks, the actions of terror organizations claiming to commit their attacks in the name of Islam in the world -and especially in Europe- have contributed to the spread of Islamophobia across Europe. Extreme-right wings in pursuit of taking advantage of all these negative circumstances for political gain attempted to find public ground by reflecting Islam as a religion of violence and Muslims as ‘terrorists.’ In this article, it is argued that concrete Islamophobic discourses erode some certain values such as human rights, democracy, plurality and multiculturalism, which Europe was established on these. It is also showed that actions of various extreme-right parties and other wings in different European countries accelerate this process. Policies adopted by international organizations to fight against Islamophobia will be analysed and the problems encountered in these efforts will also be presented.
“Law and Order” vs. “Injustice and Defiance”: Al Jazeera and CNN Framing of the 2017 Temple Mount/Al Aqsa Mosque Crisis
Authors: Qasem Amer , Hussein Adnan Bin 
Published: January 2018

AbstractThis study compares between the performance of the U.S. and Arab mainstream media following the Palestinian-Israeli conflict. The textual coverage of the CNN and Al Jazeera of the 2017 Al Aqsa Mosque/Temple Mount Crisis is under examination through operationalizing Wolfsfeld’s (1997b) meta-frames. A set of reasoning and framing devices have been employed to identify the labelling of involved actors and committed actions, the degree of reliance and personalization of news sources, the victimization of casualties and the legitimization of violence. This study concludes that the Law and Order frame, which is communicated with the Israeli perspective is dominated in the related CNN coverage. On the other hand, the Injustice and Defiance frame that represents the Palestinian perspective has chiefly appeared in Al Jazeera related coverage. In the CNN, the Israeli actors and actions have been almost labelled positively in contrast with the Palestinian actors and actions that have been labelled in a negative manner. The degree of personalization and reliance on Israeli news sources is notably greater than the Palestinian ones. Likewise, the Israeli casualties have been remarkably victimized and individualized more than their counterparts. Moreover, the Israeli violence and killing have been legitimized, whereas the Palestinian similar actions have been criminalized. Almost the opposite has been found in Al Jazeera related coverage.
Impact of Official Development Assistance on the Growth of WAEMU Member Countries: Assessment Following the Recommendations of the 2002 Monterrey Conference
Authors: Lacine Bayoko 
Published: January 2018

AbstractThis paper evaluates the impact of official development assistance on the growth of WAEMU countries using an econometric approach. This assessment heeds the recommendation of the 2002 Monterrey Conference that diversification of development support resources is needed. The results obtained indicate that the total net public assistance received has a positive and significant impact in the short and long term on the growth of WAEMU countries. By diversifying the development support resources of the zone, the minimum threshold of official development assistance needed to boost the growth of the countries of the zone is 13.5% of GDP per capita.