bluuebunny/crossref_metadata_2025_split huggingface dataset:
Seismic Performance Evaluation of a Multi-Span Existing Masonry Arch Bridge
Authors: D’Amato Michele , Laterza Michelangelo , Casamassima Vito Michele 
Published: January 2018

Introduction:
Existing old masonry arch bridges represent an architectural and cultural heritage of inestimable value because most of them were built in the last century and are still in service. They represent a very important part of roads and railways networks, having also an important strategic role. They are actually serving roads characterized by transit loads definitively heavier and more frequent than the ones of the past. Moreover, very often maintenance absence and material worn away, increased by the way by the environmental conditions, accelerate more and more the elements deterioration with a consequent loss of integrity and reduction of their carrying capacity.

Methods:
In this paper the seismic assessment of an old multi span masonry arch bridge still in service is evaluated. The bridge, located in Southern Italy, was built before the Second World War and crosses the “Cavone” River, from which it takes the name.

Results and Conclusion:
A series of numerical analyses are performed in order to evaluate its seismic performance and the model sensitivity with respect to the assumed masonry mechanical properties.
Insulin Sensitivity and Insulin Resistance in Non-Diabetic Middle-Aged Patients with Obstructive Sleep Apnoea Syndrome
Authors: Archontogeorgis K. , Papanas N. , Nena E. , Tzouvelekis A. , Tsigalou C. , Voulgaris A. , Xanthoudaki M. , Mouemin T. , Froudarakis M. , Steiropoulos P. 
Published: January 2018

Background:
Obstructive sleep apnoea syndrome (OSAS) has been linked with abnormal glucose metabolism, insulin resistance (IR) and development of diabetes mellitus.

Methods:
Non-diabetic patients (n=69) with OSAS, diagnosed by polysomnography, were prospectively recruited. To evaluate IR among OSAS patients, the Homeostasis Model Assessment of Insulin Resistance (HOMA-IR) and Insulin sensitivity by Quantitative Insulin sensitivity Check Index (QUICKI) were used.

Results:
HOMA-IR was positively associated with body-mass index (BMI) (ρ=0.364, p=0.002), time with oxyhaemoglobin saturation <90% (ρ=0.291, p=0.015), arousal index (ρ=0.268, p=0.027), Epworth sleepiness scale (ESS) score (ρ=0.293, p=0.019) and negatively with average oxyhaemoglobin saturation (ρ=-0.398, p=0.001) and minimum oxyhaemoglobin saturation (ρ=-0.327, p=0.006). QUICKI was positively associated with forced vital capacity (r=0.301, p=0.014), average oxyhaemoglobin saturation (r=0.443, p<0.001), minimum oxyhaemoglobin saturation (ρ=0.318, p=0.008), and negatively associated with sleep stage transitions (r=-0.266, p=0.032), oxygen desaturation index (r=-0.404, p=0.005), time with oxyhaemoglobin saturation <90% (r=-0.311, p=0.019), arousal index (r=-0.344, p=0.004) and ESS score (r=-0.299, p=0.016). After adjustment for age and BMI, HOMA-IR was associated with sleep stage transitions, time with oxyhaemoglobin saturation <90%, average oxyhaemoglobin saturation, minimum oxyhaemoglobin saturation and arousal index. QUICKI was associated with oxygen desaturation index, sleep stage transitions, ESS score, minimum oxyhaemoglobin saturation and arousal index.

Conclusions:
An independent association between OSAS and IR in patients without pre-existing diabetes mellitus was observed. Recurrent hypoxia and sleep fragmentation in OSAS are associated with IR in these patients.
Antimicrobial Activity of Bacillus Persicus 24-DSM Isolated from Dead Sea Mud
Authors: Al-Karablieh Nehaya 
Published: January 2018

Intorduction:Dead Sea is a hypersaline lake with 34% salinity, gains its name due to the absence of any living macroscopic creatures. Despite the extreme hypersaline environment, it is a unique ecosystem for various halophilic microorganisms adapted to this environment.Aims & Objectives:Halophilic microorganisms are known for various potential biotechnological applications, the purpose of the current research is isolation and screening of halophilic bacteria from Dead Sea mud for potential antimicrobial applications.Methods & Materials:Screening for antagonistic bacteria was conducted by bacterial isolation from Dead Sea mud samples and agar plate antagonistic assay. The potential antagonistic isolates were subjected to biochemical characterization and identification by 16S-rRNA sequencing. Among the collected isolates, four isolates showed potential antagonistic activity againstBacillus subtilis6633 andEscherichia coli8739. The most active isolate (24-DSM) was subjected for antagonistic activity and minimal inhibitory concentration against different gram positive and negative bacterial strains after cultivation in different salt concentration media. Results: The results of 16S-rRNA analysis revealed that 24-DSM is very closely related toBacillus persicusstrain B48, which was isolated from hypersaline lake in Iran.Conclusion:Therefore, the isolate 24-DSM is assigned as a new strain ofB. persicusiisolated from the Dead Sea mud.B. persicusi24-DSM showed higher antimicrobial activity, when it was cultivated with saline medium, against all tested bacterial strains, where the most sensitive bacterial strain wasCorynebacterium diphtheria51696.
Nog altijd een vrouwenrecht? Belgische voor- en tegenstanders van abortus 25 jaar na de wet.
Authors: Celis Karen , Coene Gily 
Published: January 2018

Na een lang en opmerkelijk politiek gevecht werd in 1990 in het Belgische parlement een wetsvoorstel goedgekeurd dat abortus gedeeltelijk legaliseerde. Wie voordien, om wat voor reden ook, abortus pleegde, beging ‘een misdaad tegen de orde der familie en de openbare zeden’, dixit een wet uit 1867. In vergelijking met andere Europese landen was België rijkelijk laat met het legaliseren van abortus, en het goedgekeurde wetsvoorstel was ook niet bepaald het meest verregaande. Toch lijkt deze wet te hebben geleid tot een stabiel status-quo, aangezien een aanpassing ervan in conservatieve zin − lees: een beperking van het rechtop abortus – werd verhinderd. ...
The Income Taxation of Native Title Agreements
Authors: Stewart Miranda 
Published: January 2018

In this paper is the agreement between Argyle, Traditional Owners for the mine area and the Kimberley Land Council. This paper carries all the rules to make sure that we treat each other properly. It has taken many years and a lot of hard work to make this agreement. We are very proud to sign it. With this agreement as a start, we can make the future better for Traditional Owners and Argyle.This article examines the tax issues that arise in respect of native title agreements and recent proposals for tax reform by the Australian Government. Native title agreements sit at the intersection of indigenous economies, the market economy and the state. They contribute to sharing the benefits of resource development with traditional owners and compensate for the replacement value of non-renewable resources to the future generations.
Attributes and Attribution of State Courts — Federalism and the Kable Principle
Authors: Lim Brendan 
Published: January 2018

Abstract‘State courts’ can be understood in at least two ways. Their ‘attributes’ are the characteristics that define them as ‘courts’. Their ‘attribution’ is the extent to which they are regarded as emanations of a ‘state’ in its constitutional conception as a constituent unit of the federation. The principle first articulated in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 ensures the institutional integrity of state courts by protecting from legislative impairment their defining characteristics as ‘courts’. It therefore understands state courts almost exclusively by their ‘attributes’. This article examines the significance to the Kable principle of also understanding state courts by their ‘attribution‘. There are different conceptions of the proper attribution of state courts, coincident with different visions of how to accommodate simultaneous constitutional commitments to autonomous states and integrated courts. Those conceptions influence the content and application of the Kable principle in ways that are insufficiently appreciated. This insight permits a new perspective on the Kable principle as a doctrine of federalism, and its recent applications in International Finance Trust Co Ltd v NSW Crime Commission (2009) 240 CLR 319; Kirk v Industrial Court (NSW) (2010) 239 CLR 531; South Australia v Totani (2010) 242 CLR 1; and Wainohu v New South Wales (2011) 243 CLR 181. It also prompts an analysis of a contemporaneous evolution in the constitutional policy of the Commonwealth, whose Attorney-General typically intervened in Kable cases in support of the states, until recently seeking to extend to them certain Chapter III limitations.
Prosecution and Punishment of People Smugglers in Australia 2008-2011
Authors: Schloenhardt Andreas , Martin Charles 
Published: January 2018

AbstractThis article provides an analysis of people smuggling prosecutions in Australia from 2008 to 2011. Based on the available case law, the article develops a profile of ‘typical’ people smuggling offenders, examines sentencing trends, and analyses the role of smuggled migrants. The article concludes that current prosecutorial and sentencing practice have had no success in deterring people smuggling and develops a number of recommendations for law reform and policy change.
Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
Authors: Herzberg Abe , Anderson Helen 
Published: January 2018

AbstractSeveral recent cases have seen the courts approving ASIC's employment of a ‘stepping stone’ approach that applies directors‘ statutory duty of care as well as their other statutory duties in a novel context. The first ‘stepping stone‘ involves an action against a company for contravention of the Corporations Act 2001 (Cth). The establishment of corporate fault may then step stone to a finding that by exposing their company to the risk of criminal prosecution, civil liability or significant reputational damage, directors contravened one or more of their statutory duties in ss 180-2 of the Corporations Act, particularly their statutory duty of care, with the attendant civil penalty consequences. The effect of the ‘stepping stone’ approach is that directors may face a type of derivative civil liability for corporate fault. In this paper we analyse the stepping stone approach and assess the justification for imposing civil liability on directors for their company's misbehaviour. This paper also examines whether an extension of the stepping stone approach could make directors liable for their company's contraventions of non-Corporations Act laws as well as open the floodgates to make directors personally liable to shareholders, creditors, employees, or others affected by corporate fault.
Investor-State Arbitration: The Roadmap from the Multilateral Agreement on Investment to the Trans-Pacific Partnership Agreement
Authors: Sappideen Razeen , He Ling Ling 
Published: January 2018

AbstractCapital exporting countries have attempted to protect the overseas investments of their multinational corporations (MNC) against host nation governments expropriating these investments, limiting the right to repatriate profits, or subjecting the withdrawal of their investments to heavy penalties. The aborted Multilateral Agreement on Investment (MAI) of the mid-1990s was an attempt at transferring these concerns to a settled legal framework between nations. Some limited expression of this is found in the provisions of the World Trade Organisation (WTO) Dispute Settlement Understanding, while more substantive assertions are found in the investor-state dispute settlement (ISDS) provisions of bilateral trade and investment agreements entered into between developed and developing economies. However, recent legal challenges and associated public relations campaigns by MNC directed at Public Law and Health measures have caused governments to reassess the situation. A classic example of this has been the challenge by tobacco companies against the plain cigarette packaging legislation introduced by the Canadian and Australian governments. The Australian Government's response to this through its statement of position in respect of future bilateral agreements and its Tobacco Plain Packaging Act 2011 (Cth) is equally path breaking. This article examines the dramatic turnaround in perspective of States in respect of Investor-State arbitration, and its impact on the Trans-Pacific Partnership Agreement (TPP) currently being negotiated.
The Appointment of Ministers from outside of Parliament
Authors: Blackham Alysia , Williams George 
Published: January 2018

AbstractMembers of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
Government Procurement as a Vehicle for Workplace Relations Reform: The Case of the National Code of Practice for the Construction Industry
Authors: Creighton Breen 
Published: January 2018

AbstractThe use of public procurement as a vehicle for achieving public policy objectives can conveniently be traced to the Fair Wages Resolution which was adopted by the British House of Commons in 1891. This technique was subsequently adopted in many jurisdictions, and finds clear expression in the International Labour Organisation (‘ILO’)'s Labour Clauses (Public Contracts) Convention 1949 (No 94) (‘Convention No 94’). This article describes the British model and its international progeny, and then examines a controversial and unusual Australian mutation in the form of the National Code of Practice for the Construction Industry (‘Code’) and the various iterations of the associated Implementation Guidelines (‘Guidelines’) which have been adopted since 1998. It suggests that the Code and Guidelines, especially under the Howard Government, constitute a perversion of the traditional use of public procurement as a vehicle for the implementation of public policy in the industrial context. That is because they were directed to the curtailment of the rights of workers and their organisations rather than protecting employment standards and promoting collective bargaining. The article argues that the Code and Guidelines sit uneasily with accepted notions of the rule of law in a number of respects, and with certain aspects of Australia's obligations in international law. It also discusses the Fair Work Principles (‘FW Principles’) which have applied to all aspects of procurement by the Commonwealth since January 2010, and suggests that they embody an approach to public procurement and the promotion of social objectives which is rather more in keeping with international best practice than that reflected in the Construction Industry Code and Guidelines.
Heresy in the High Court? Federalism as a Constraint on Commonwealth Power
Authors: Hume David , Lynch Andrew , Williams George 
Published: January 2018

AbstractWilliams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.
Rethinking the Fair Work Protection against Discriminatory Dismissal
Authors: Riley Joellen 
Published: January 2018

AbstractPeople who lose their jobs as a consequence of discriminatory treatment at work face an array of options for redress. They might bring proceedings for unfair dismissal before a statutory tribunal (the Fair Work Commission), or they may pursue a claim in the Federal Court of Australia. This article contemplates the possibility that the system for dealing with discriminatory dismissal could be rationalized so that aggrieved employees might have a single, accessible pathway through an administrative process to deal with such complaints. This would involve rethinking whether discrimination complaints ought to be treated as a matter of vindicating legal rights, or as a matter of arbitrating competing interests. Abandoning the language of rights may facilitate a pathway around the Boilermakers' doctrine (which mandates that only Chapter III courts can determine legal rights), and so enable the establishment of a more accessible and effective avenue for dealing with discrimination at work.
Redundancy in the Australian Public Service — Some Critical Reflections
Authors: Roles Cameron 
Published: January 2018

AbstractThis article critically examines the law concerning dismissal on grounds of redundancy as it applies to the Australian Public Service (‘APS’). Such an examination is timely, given the newly elected Coalition government's stated intention to reduce the APS by 12 000 employees through natural attrition.The article argues that a reduction of 12 000 employees through natural attrition alone is unlikely, and that redundancies are almost inevitable. Against this backdrop, the article considers recent legislative developments concerning dismissal on grounds of redundancy. Its focus is the genuine redundancy exclusion contained in s 389 of the Fair Work Act 2009 (Cth) (‘FW Act’) and its application to APS employment. The genuine redundancy exclusion precludes unfair dismissal claims if the redundancy is genuine, the employer complies with any consultation obligations in a modern award or enterprise agreement and it would not have been reasonable in all the circumstances to redeploy the affected employee within the employer's enterprise or that of an associated entity.The article argues that, prior to the FW Act, redundancy obligations were predominantly dealt with in collective agreements, and did not require consultations or redeployment of redundant employees beyond the individual agency. However the FW Act fundamentally changed the law in this area. The article contends that a failure to comply with consultation obligations in an agency enterprise agreement will increase the prospects of a dismissal being found to be unfair. In the APS this is problematic, given the convoluted nature of many consultation clauses in enterprise agreements. The article also argues that the redeployment obligations in s 389(2) are extremely broad and, contrary to past practice under the Public Service Act 1999 (Cth) (‘PS Act’), encompass redeployment across the APS. The obligation to redeploy across the APS creates tensions in the law between the provisions of the FW Act and the devolution of managerial powers under the PS Act.
Digital Citizenship and the Right to Identity in Australia
Authors: Sullivan Clare 
Published: January 2018

AbstractAustralia has announced the need to review the distribution of responsibility among individuals, businesses and governments, as a consequence of the move to digital citizenship. Australia has formally framed the issues in these terms and has opened dialogue between government and citizens regarding responsibilities for the use and protection of digital identity.This article examines digital citizenship in Australia and considers the implications for individuals, government and the private sector of the requirement for an individual to use his/her digital identity for transactions. The features and functions of digital identity are examined, and the consequences for individuals, business and government of system failure are considered. The analysis shows that, while there are consequences for all, individuals are most affected.The author argues that the traditional approach of relying on privacy for protection is inadequate in these circumstances. Privacy, by its nature, cannot adequately protect the part of digital identity which is required for transactions. The argument presented is that, unlike privacy, the right to identity can protect the set of digital information required for transactions. Considering the new system is literally being imposed by government, the inherent vulnerabilities of the system, and the consequences of system failure for individuals, formal recognition of the right to identity is an essential element of accountable and responsible governance. Whilst in time the right to identity in this context may be recognised by the courts, the author argues that legislative recognition and protection of an individual's right to digital identity is needed now as a key component of the distribution of responsibility in this new digital era.
Interpretación de Ortega y Gasset de la filosofía de Kant: del idealismo marburgués a la ontología crítica
Authors: Leszczyna Dorota Maria 
Published: January 2018

El objetivo del presente artículo consiste en presentar la evolución de los estudios orteguianos relativos a la filosofía de Immanuel Kant. El filósofo madrileño recorrió en ellos un camino desde el idealismo lógico, específico de la escuela de Marburgo, hasta el enfoque metafísico y ontológico presentado por los alumnos de los maestros neokantianos, tales como Nicolai Hartmann, Heinz Heimsoeth, Karl Jaspers y Martín Heidegger. Estos filósofos hicieron de la filosofía de Kant su punto de partida, puesto que en ella radicaban las cuestiones metafísicas y ontológicas olvidadas y omitidas por los representandes de las escuelas neokantianas. TITLE: Interpretation of Kant’s philosophy by Ort ega y Gasset: from marburguian idealism to the critical ontologyABSTRACT: The purpose of this article is to present the evolution of Orteguian studies on the philosophy of Immanuel Kant. The spanish philosopher went from the logical idealism of the Marburg School to the metaphysical and ontological interpretations presented by the students of neo-Kantian masters such as Nicolai Hartmann, Heinz Heimsoeth, Karl Jaspers y Martín Heidegger. Those philosophers made the starting point of their reflection the philosophy of Kant because they found there metaphysical and ontological problems which were forgotten and omitted by the representatives of Neo-Kantian schools.
ОБГРУНТУВАННЯ ЗАСТОСУВАННЯ СХЕМ МУЛЬТИМОДАЛЬНОЇ АНАЛГЕЗІЇ ДЛЯ ПІСЛЯОПЕРАЦІЙНОГО ЗНЕБОЛЕННЯ У ДІТЕЙ
Authors: Dmytriyev D. V. , Zaletskiy B. V. , Dmytriyeva K. Yu. 
Published: January 2018

Дослідження проведені у 26 пацієнтів віком у середньому (17,3 ± 0,6) року, яких оперували з приводу пухлин черевної порожнини - 20 (76,9%) та пухлин яєчника - 6 (23,1%). Залежно від методики знеболення пацієнти розподілені на дві групи, у 14 – застосована мультимодальна аналгезія, призначали парацетамол 1,5 мг/кг внутрішньовенно за 40 хв до початку оперативного втручання та внутрішньовенну постійну інфузію фентанілу в дозі 5 мкг/(кг×год); у 12 - використовували морфін 10 мг внутрішньом’язово. За даними комплексного вивчення реакцій больової поведінки, фізіологічних показників і лабораторних стресових тестів, використання мультимодальної аналгезії забезпечує ефективне післяопераційне знеболення у дітей.
Ключові слова: мультимодальна аналгезія; аналгетики; післяопераційне знеболення; діти.