bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Basis of the ‘Basis Rule’: The Role of the Basis Rule in the Admissibility of Expert Opinion
Authors: Phan Trang , Caruso David 
Published: January 2018

AbstractThe ‘basis rule’ is, in general terms, a rule which restricts expert witnesses to giving opinion evidence in respect of which there is or will be proof, by other admissible evidence, of the facts and assumptions upon which the opinion is based. There has been no clear consensus as to whether the basis rule exists either at common law or under the Uniform Evidence Legislation, or whether the rule goes to admissibility or weight. This article examines the jurisprudence, with a particular focus on the recent High Court decision of Dasreef Pty Ltd v Hawchar. The authors argue that the controversy surrounding the basis rule has been the result of a misunderstanding and misconstruction of the rule. They argue that the conflict may be resolved by understanding the basis rule as simply a rearticulation, in the specific context of expert evidence, of the requirement that evidence must be relevant to be admissible. The weight of that expert evidence remains to be determined in accordance with ordinary principles.
Constitutional Incongruence: Explaining the Failure of the Council of the Australian Federation
Authors: Chordia Shipra , Lynch Andrew 
Published: January 2018

AbstractThe establishment and rise of the Council of Australian Governments (COAG) is, on balance, a story of the successful development of an executive-based institution for cooperative governance in the Australian federal system. By contrast, the Council of the Australian Federation (CAF), created in 2006 as a forum for interstate co-operation and policy development, has been far less effective. This article explores the reasons behind CAF's difficulties after a very short-lived initial impact. Integral to this account is the significance of Canadian experience of horizontal intergovernmental relations, which directly inspired the Australian Premiers to found CAF. The numerous indications of political congruence – some temporary, others systemic – between the Canadian and Australian settings obscured a deeper constitutional incongruence between the two jurisdictions and this is fundamental to appreciating CAF's failure as a transplant. CAF's ability to operate effectively as a significant institution was inevitably constrained by the parameters of the Australian federal system that its establishment was, in many ways, seeking to transcend.
Regulating Supply Chains to Protect Road Transport Workers: An Early Assessment of the Road Safety Remuneration Tribunal
Authors: Johnstone Richard , Nossar Igor , Rawling Michael 
Published: January 2018

AbstractThe Road Safety Remuneration Act 2012 (Cth) (the Act) explicitly enables the Road Safety Remuneration Tribunal to make orders that can impose binding requirements on all the participants in the road transport supply chain, including consignors and consignees at the apex of the chain, for the pay and safety of both employee and independent contractor drivers. The tribunal is also specifically empowered to make enforceable orders to reduce or remove remuneration related incentives and pressures that contribute to unsafe work practices in the road transport industry. Recently the tribunal handed down its first order. The article considers whether, and the degree to which, the tribunal has been willing to exercise its explicit power to impose enforceable obligations on consignors and consignees – such as large supermarket chains – at the apex of road transport supply chains. It examines the substance and extent of the obligations imposed by the tribunal, including whether the tribunal has exercised the full range of powers vested in it by the Act. We contend that the tribunal's first order primarily imposes obligations on direct work providers and drivers without making large, powerful consignors and consignees substantively responsible for driver pay and safety. We argue that the tribunal's first order could have more comprehensively fulfilled the objectives of the Act by more directly addressing the root causes of low pay and poor safety in the road transport industry.
Public Benevolent Institutions for Native Title Groups: An Underappreciated Model?
Authors: Murray Ian 
Published: January 2018

AbstractThere has been limited research into the relevance of public benevolent institutions (‘PBI's) to the management of native title benefits. Despite this omission, a new, tax-effective, structure was proposed in 2013, being the ‘Indigenous Community Development Corporation’ (‘ICDC’). PBI characterisation is also becoming more relevant as native title determination numbers increase, such that there is a suitable and interested body, the prescribed body corporate (‘PBC’) that can pursue a variety of functions in fulfilling its statutory duties and in seeking to realise the economic, social and cultural objectives of Indigenous groups. This article asserts that a purpose of addressing Indigenous disadvantage is a PBI purpose and that it permits a broad range of activities in order to meet that end. Accordingly, PBI status should be available for many PBCs and other benefits management structure institutions. As a result, the proposed grounds for introducing the ICDC are significantly less compelling and it is argued that a more cautious approach is warranted, being one that better recognises ICDC limitations and that does not over-emphasise the potential benefits.
The Functional Constitution: Re-Reading the 2014 High Court Constitutional Term
Authors: Dixon Rosalind 
Published: January 2018

AbstractA ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.
Las obligaciones de los institutos electorales en materia de transparencia y acceso a la información gubernamental
Authors: González Jordan María Guadalupe 
Published: January 2018

<p>Con el propósito de conocer la manera en que la transparencia se ha posicionado en el ámbito electoral, dado que es una herramienta pública que contribuye a la consolidación del sistema democrático en México, se analizan las doctrinas de algunos pensadores clásicos y contemporáneos que ayudan a entender cómo ha sido el proceso evolutivo de esta figura hasta hoy. Asimismo, se aportan elementos teóricos y jurídicos, mediante la aplicación del método histórico lógico, con el fin de analizar el desarrollo de la transparencia gubernamental y su implementación en los organismos públicos electorales mexicanos, a través del tiempo.</p><p>El objetivo es determinar la forma en que se pueden mejorar los canales de comunicación con la población, pues uno de los principales problemas que obstaculiza el desarrollo de la transparencia es que la ciudadanía no tiene la cultura de requerir solicitar información a la autoridad;, es decir, solo sólo se allega de de éesta a través de la especulación o con base eny se basa en diferentes fuentes de información sin acudir a la fuente primaria, que es la propia autoridad. </p><p> </p><p> </p><p> </p>
The influence of intellectual capital on competitiveness of enterprises in light of research – an outline of the issue
Authors: Ślusarczyk Bogusław , Dziura Bernadetta 
Published: January 2018

A good financial situation of the companies involved in the survey is closely connected with intellectual capital, especially human capital and innovative capital. Thanks to new technologies, products, certificates and patents which are vital elements of innovative capital, companies can compete and stand out in the world of business. However, those components can be created only thanks to experienced, creative and well-educated staff. Podkarpackie Province has become more and more attractive in terms of economy. It is possible thanks to the entrepreneurs’ involvement, economic zones which attract new companies as well as clusters operating in the area – for instance “Dolina Lotnicza” Cluster or Computer Cluster . The research carried out among 400 respondents from various companies, selected intellectual capital indicators and the analysis of economic and financial indicators – mainly profitability- confirm that the companies in the area consequently raise their value by means of a continuous development and by reinforcing their intellectual and creative potential. As a result their competitiveness and market share increase. The results of the research mentioned in the article provide information concerning the extent of intellectual capital in selected enterprises and its influence on competitiveness of companies. The attempt to evaluate the extent of intellectual capital and its influence on competitiveness, explains the issue of non-tangible assets which closely connected with businesses. The analyses of the data presented in the article touched only some of the issues concerning the influence of intellectual capital on companies’ competitiveness. However, it is already clear that in the future the value of the companies and their development will be largely influenced by properly exploited intellectual capital which every company has.
A Digitális Egységes Piaci Stratégia szerződési jogi hatásai a magyar polgári jogra
Authors: Árva Máté 
Published: January 2018

The necessity of framing contract law fulfilling the expectations of the digital era is among the main purposes of the Digital Single Market Strategy, that has been introduced by the European Committe in 2015. Within the Strategy two directive proposals have been presented: the directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content and the directive of the European Parliament and of the Council on certain aspects concerning contracts for the online and other distance sales of goods. These include the concept of conformity with the contract, the meaning of which raises several questions to be answered regarding the Hungarian legal system.
My treatise focuses on the investigation of the criteria of conformity with the contract with special regard to the definiton of the directive proposals. In the first place I outline the elements of conformity with the contract, then I attempt to create a comprehensive definition of it. Thereafter I analyse the rules of the Hungarian Civil Code that are connected to the category of the conformity. Furthermore, I investigate the necessity of the integration of the conformity with the contract into the the Hungarian civil law. Finally, I present a future legislative concept that could be regarded as a possible way of adaptation of this legal category.
A Survey of Lending Relationship Between SMEs and Banks
Authors: Yilmaz Ayse Altiok 
Published: January 2018

The aim of this study is to examine the lending relationships between banks and SMEs. Numerous authors have investigated the importance of banking relationships in lending to small businesses. A major issue is the relative difficulty in obtaining meaningful information and accurately assessing the credit worthiness of such borrowers. For this reason, many authors have examined the influence of this relationship on various aspects of line of credits made in different countries but up to date no studies has been conducted in lending relationship of SMEs with banks in Turkey. This may be because of the data insufficiency of SMEs. This research aims to fill that gap by looking at the determinants of SME lending conditions by using the survey results of SMEs.The factors that affect the dependent variables (the interest rate and the credit line volume) is tested by using the ordinary least squares (OLS) regression analysis. The data is obtained by the questionnaires conducted by 204 SMEs. The results for credit interest rate reveals that age, financial distress, duration of relationship, recent ownership change and location significantly affect the interest rate given by the most actively worked bank. The empirical results suggest that close and long-lasting relationship is desirable for firms. Firms with long-lasting bank relationships fare better than other enterprises in terms of interest rates, and credit availability.
Financial Planning In Entrepreneurship Business in Nigeria: Is It So Important?
Authors: Udih Money 
Published: January 2018

Every business organisation need to make the best out of their operations, regardless of their current financial position. Financial planning is not only for the wealthy business organisation, but also in life, it is for every business enterprise. An entrepreneurship business without financial planning is not without problems/challenges in the nearest future. This study seeks to capture and highlight the financial planning tools in entrepreneurship Business in Nigeria. It focused on what Entrepreneurship Business is all about ‘cum’ the nature of planning, the reason for financial planning and its concepts in Entrepreneurship Business. It spells out the importance of financial planning in business. The methodology gives a clear picture on the systematic procedures and methods employed in carrying out this study. Data are presented, analysed and interpreted with the aid of mean, standard error of proportion and Z – statistic. The study is not without findings and recommendations; the findings and recommendations are based on the study. We also suggested areas for further studies, which will be of great benefit to entrepreneurs in Nigeria cum financial homes.
Preparation and Solvents Effect Study of Asymmetric Cellulose Acetated/Polyethyleneimine Blended Membranes for Dialysis Application
Authors: Waheed Hizba , Hussain Arshad 
Published: January 2018

The aim of this research is to study the effect of various solvents on membrane morphology and performance of cellulose acetate (CA) based polymeric membranes having Polyetyleneimine (PEI) additive. The CA/PEI blended membranes are to be used for dialysis operation. For this purpose, acetic acid, formic acid, 1-Methyl-2-pyrolidone (NMP) and N, N-Dimethylacetamide (DMAC) are used. The best performing membrane is selected and is modified using various solvents to choose the best solvent that can enhance the membrane performance efficiently. Afterwards contact angle measurement, pure water flux and water up take of modified membranes are determined to check the change in dialysis performance. Surface morphology of membrane is studied using SEM and AFM. All these results displayed blending of polymer, solvents and additive in different ways. All prepared membranes were also tested for bovine serum albumin (BSA) rejection and urea clearance. From all the solvents used, formic acid gave the best results. The blending is homogeneous and macro void formation is appropriate for dialysis application. The replacement of acetic acid with formic acid (C.A+ F.A+PEI) showed hydrophilic nature and increased the BSA rejection percentage. Urea clearance was augmented as well to an appreciable value. The results revealed that from all the mentioned above solvents, formic acid is most suitable one for dialysis operation.
Profitability Analysis of Fresh Tomato Retail Marketing In Some Major Markets Of Kano State, Nigeria
Authors: Umar Umar Shehu , Yaro Abdu Muhammad 
Published: January 2018

Small scale farmers in Nigeria can’t do without tomato production because of its special attributes and quick cash generation as tomato is being viewed as cash crop, despites it perishable and none storable nature. The study examined the profitability of fresh tomato retail marketing in major markets of Kano State. A total of 149 respondents were randomly selected from the four market sites selected purposively due to the high concentration of continuous retail marketing throughout the year, the market sites are; Tarauni, ‘Yan Kaba, Garin Dau and Wudil Market. Information was collected using structured questionnaire. Deconstructed marketing margin was used for the analysis, the results revealed the marketing margin to be N452.6 and –N374.5 per basket at the peak and the off season respectively. Transportation cost accounts for about 35% and 40% of the total marketing cost for on and off season respectively. The study concluded that the retail marketing of fresh tomato is generally profitable and recommends that fresh tomato retail marketers should imbibe the idea of collective purchase in order to minimize transportation cost for maximum profit, it further recommends agricultural scientists to find ways of reducing postharvest losses at all levels of marketing so as to make the price of the commodity relatively stable throughout the year to ensure sustainability in the business.
Evolution in Prebiotic Systems: Cooperation In Utility-Based Agents
Authors: Serafino Loris 
Published: January 2018

Prebiotic evolution is one of the major challenges in complex systems theory. What differentiates the living from the nonliving is a perennial source of debate. It has been recently affirmed that discussions about if and how we can draw a line that separates life from non-life are useless. He motivates this using a "continuity thesis" (CT) argument i.e the existence of a continuum between inanimate and living state of matter. For other authors CT it is equivalent to say that there is no unbridgeable gap between inorganic matter and living systems, plus the corollary that the emergence of life is considered a highly probable event. This is related to the problem of how the minimal complexity required for a chemical system to start on the path of Darwinian evolution has been achieved. The CT from one side, and a trend towards an increasing complexity on the other, seems to require the existence of a constant driving force behind abiogenesis for two distinct reasons: a) to counterbalance destructive tendencies like hydrolysis in the evolving chemical structures and b) reduce the role played by chance to a minimum acceptable for a scientific discourse. In this work, I present a brief review of what has been considered the main driving forces behind prebiotic evolution i.e. self-organization of far-from-equilibrium open systems and (generalized) Darwinian evolutionary mechanism. I argue that, in order to explain the robustness and sustainability of complex systems not yet fully capable of Darwinian evolution a third element must be added: cooperation between molecular autonomous agents properly defined. In this work, I propose a general theoretical result to show how cooperation formation between a population molecular utility-based agents can give rise to self-sustaining networks.
Enhancing Teaching and Learning at the University of Venda Utilising Digital Mobile Devices
Authors: Chikurunhe Ratchel , Kadyamatimba Armstrong 
Published: January 2018

The University of Venda(Univen) distributed tablets to students for facilitating and enhancing their studies. However, the provision of tablet PCs to students may not be a panacea for quality learning, especially to technological disadvantaged rural student population. The aim of study was to investigate the use of digital mobile devices for enhancing teaching and learning at the Univen. The research questions focused on determining the current level of use of mobile devices, how they can be used effectively for teaching and learning. Mixed methods approach was applied with data being solicited from a convenient sample of students, lecturers and an IT technician. The results of the study indicated that many students and lecturers are active and have higher perceptions of mobile devices usage. The results of the study are to be used to explicate and advance the integration of the mobile devices for promoting learning and teaching accomplishments. The findings clearly showed that mobile devices have a positive impact on the academic experience. The results also indicate that there is a gradual acceptance of the Learners Management Systems (Blackboard) by both academics and students. The digital mobile devices are eventually enhancing teaching and learning at Univen.
Efecto económico de la actividad turística en la provincia de Tungurahua. Ecuador
Authors: Santamaria Edwin Javier , Bayas Vásconez Fabián Mauricio 
Published: January 2018

Este trabajo busca medir la actividad turística a partir de los beneficios económicos; entre los principales están la reducción de la pobreza, la generación de empleo y la distribución de los ingresos. Sin embargo, existen pocos datos al respecto a nivel local, por lo cual se ha planteado bajo el enfoque cuantitativo y del método de análisis y síntesis, a través de encuesta a los empresarios dedicados a la actividad turística sobre los ingresos, dependientes económicos, variaciones de temporada, para ser utilizados bajo la distribución del ingreso del modelo de Curva de Lorenz, complementado con el Coeficiente de Gini. De esto se obtuvo que existe una mejor distribución del ingreso en el sector turístico de la Zona Consolidada de Tungurahua con un Coeficiente de Gini de 0.403 menor que el coeficiente del Ecuador. Además, se observó que los ingresos anuales superan los 21 millones de dólares, de lo cual se concluye que el beneficio económico del turismo produce distribución e igualdad entre los habitantes de una zona geográfica, pues permite la equiparación de oportunidades. Se indica que impulsar el turismo como fuente de empleo, desarrollo yemprendimiento incrementará el nivel de vida de los habitantes.
Mechanism of Vasorelaxation Induced by Coptosapelta flavescens Stems Extract in Rat Thoraric Aorta
Authors: Ismail Sjarif , Kosala Khemasili , Fikriah Ika , Magdaleni Agustina Rahayu 
Published: January 2018

Coptosapelta flavescens Korth. is a liana plant from the Rubiaceae family. In East Kalimantan, it is also known as â€œAkar Tambolekarâ€ or â€œMerungâ€, it is called â€œakarâ€ or root as its trunk spreads like a root. The plantâ€™s stems are used by ethnic Dayak in East Kalimantan to overcome high blood pressure and it has been proven to induce vasorelaxation on blood vessels, but the its action mechanism in the endothelial or vascular smooth muscle cells (VSMC) are unknown. Vasorelaxation on the blood vessels could be mediated by endothelial or by the VSMC. This research aims to study in vitro which of them is the mechanism of action of Coptosapelta flavescens Stems (CFS) extract. CFS were taken from the secondary forest in Paser Regency, East Kalimantan Province. Its simplicia were macerated with methanol solvent for three days and twice repeated. Vasorelaxation activity of the blood vessels was tested with ratsâ€™ isolated thoracic aorta with endothelial and with the endothelial removed (endothelium-denuded). Both aorta of 3 mm length were soaked into Krebs-Henselheit solution at 37Â°C, pH 7.4 and aerated with carbogen gas. After they have acclimatized, both aortas were contracted with phenylephrine solution, after reaching peak contraction and plateau, the solution of extract or its solvent (Control) was administered in cumulatively increasing doses. The results show that CFS extracts induce vasorelaxation both in the endothelial-intact aorta and in the endothelial-denuded aorta. At high concentrations, the vasorelaxation activity in the endothelial-intact aorta was weaker than that on endothelial-denuded aorta. This study proves that action mechanism of blood vesselsâ€™ vasorelaxation induced by the methanol extract of CFS were more dominantly mediated by the blood vessels smooth muscle; and at high concentrations the endothelial actually weakened the VSMC vasorelaxation activity. Further study is necessary on the mechanism of action vasorelaxation through the modulation of intracellular or extracellular calcium ion channels of VSMC
Keywords: Coptosapelta flavescens, vasorelaxation, extract, aorta, in vitro