bluuebunny/crossref_metadata_2025_split huggingface dataset:
Striking the Balance: A Human Rights Approach to Consent for People with Dementia in Residential Aged Care
Authors: Barry Lise , Parsons Rachel 
Published: August 2024

Older people are often stigmatised as ageless and sexless individuals. This perception, and the increasing need for care as people age, means that many older people are subjected to prejudices when entering residential aged care facilities, and denied opportunities for sexual expression. This paper considers the often-forgotten human dignity of people with dementia in aged care facilities, and the need to provide opportunities for sexual expression. The paper considers the broad capacity spectrum for individuals with cognitive impairments and the difficulties of assessing decision-making abilities. Drawing on international human rights instruments, the paper identifies rights to intimacy and sexual expression, and argues that those rights should be recognised in reforms to aged care legislation and policy. The paper considers some of the existing barriers to intimacy and sexual expression, including staff attitudes, and, taking New South Wales as an example, existing criminal legislation which provides a narrow view of consent. Recommendations are made with respect to emphasising the intrinsic benefits of intimacy and sexual expression for all people, regardless of age or cognitive impairment.
Ag-Gag Laws: Corporate Attempts to Keep Consumers in the Dark
Authors: Potter Will 
Published: August 2024

The only way we, as consumers, have begun to see behind the closed doors of factory farms is through the work of whistleblowers and undercover investigators. In recent years, the animal agriculture industry has been rocked by a series of exposés that have revealed the true story of our food. These investigations, led by non-profit animal protection organisations, have used photography and video cameras to document egregious acts of animal cruelty, along with standard industry practices. They have garnered international media coverage, prompted historic prosecutions, and most importantly, created a cultural shift in how consumers understand animal agriculture. Rather than condemn these abuses, change their policies, and respond to consumer demand, the agriculture industry has responded by attempting to shoot the messenger. The industry has labelled whistleblowers as “terrorists" and supported new laws to silence them. ‘Ag-gag’ laws — ‘ag’ is for ‘agriculture’, ‘gag’ is ‘to silence’ — are an explicit attempt that began in the United States to outlaw undercover investigations and whistleblowing if they negatively portray the industry. These proposals — introduced in 25 states, passed into law in six, and now spreading internationally, including Australia — eliminate the only meaningful oversight of this massive industry and allow it to continue operating without oversight or accountability. The industry's efforts to restrict information in the United States has become an international model for corporate efforts to keep consumers in the dark.
Participation in Social Media by Potential Jurors
Authors: Barns Greg , Downey Kaylene 
Published: August 2024

This article examines the issue of the impact media publicity in a criminal trial context given the unprecedented reach of pre-trial commentary on social media platforms such as Facebook and Twitter. The paper considers how courts have responded to these phenomena, with reference to a particular criminal trial in New South Wales in 2014 when a well-known actor was subjected to an extraordinary level media frenzy following his arrest for sexual offences. Relevant to this and other high profile cases is whether jurors can act impartially in the face of relentless pre-trial commentary and publicity and whether courts should simply rely on selected jurors to remove themselves from participation in the trial if their impartiality is compromised. The question is posed as to whether it is timely to consider allowing the prosecution and defence to investigate juror participation in pre-trial social media commentary during the jury selection process.
Defining Rape in War: Challenges and Dilemmas
Authors: Simić Dr Olivera , Collings Jean 
Published: August 2024

This paper is an analysis of the International Criminal Court (‘ICC’) decision in the case of The Prosecutor v Jean-Pierre Bemba, handed down in 2016. This case was the first at the ICC to deliver a conviction for the crime of rape during armed conflict and marks the most recent attempt to accurately and comprehensively define the crime of wartime rape. In assessing the ICC’s definition, we have drawn significantly from the case law in relation to wartime rape that emerged from the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia. These international tribunals provided a space for significant development in this area of law and were the catalyst for rich feminist academic discourse. We argue that the ICC has inadequately addressed gender stereotypes that have dominated the process of criminalising wartime rape since it was first introduced into international law. We base this argument on the ICC’s decision to adopt a definition of wartime rape that is over-reliant on a consideration of the surrounding circumstances of the act and does not link these circumstances to a consideration of the victim’s lack of consent. We identify three ways in which the Bemba definition has failed to challenge the generalising and over-simplification of gender roles in armed conflict. The first is that it has diminished female sexual agency by representing armed conflict as a zone in which consensual sexual penetration is a legal impossibility. Second, this has contributed to the perpetuation of the ideal victim archetype that plagues narratives of wartime rape and sexual violence. The representation of victims as powerless, female civilians or refugees creates a dangerous binary construct of the victim and perpetrator roles that only serves to flatten the complex and nuanced ways in which sexual agency is exercised during times of war. Finally, the perpetuation of the ideal victim/perpetrator archetype also threatens the ICC’s ability to appropriately protect the right of the accused to a fair trial and a presumption of innocence.
The Kapo on Film: Tragic Perpetrators and Imperfect Victims
Authors: Drumbl Mark A 
Published: August 2024

The Nazis coerced and enlisted detainees into the administration of the labour and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested, and at times tabooified, element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuse. This project explores treatment of the Kapo on film. This paper considers two films: Kapò (1959, directed by Pontecorvo, Italy) and Kapo (2000, directed by Setton, Israel). These two films vary in genre: Kapò (1959) is a feature fiction movie, whereas Kapo (2000) is a documentary. Both films nonetheless vivify themes of agency, blame, survival, shame, sacrifice, and recrimination. This paper interrogates how these creative works speak of victims who victimise others and the pain that results; how these works contribute to history, memory, and recollection; and didactically how they explain ‘what happened,’ ‘why,’ and ‘what to do now’. This paper additionally contrasts cinematographic accounts and criminal law’s accounts, in particular, those in Israel’s Kapo trials. In the 1950’s, the Knesset passed legislation — the Nazi and Nazi Collaboration Punishment Act — to criminally charge suspected Jewish Kapos who had immigrated to the state of Israel following the Holocaust. Authorities conducted approximately forty prosecutions. The trials were awkward, the language of judgment gnarly, the absolutes of conviction or acquittal crudely reductionist, and the judges ‘trembled’ at having to sentence. This paper contends that cinematographic depictions of victim-victimisers can sooth the criminal law’s anxieties by filling spaces it poorly serves.
FINANCIAL EQUALITY, THE IGNORED HUMAN RIGHT: HOW E-CURRENCIES CAN LEVEL THE PLAYING FIELD
Authors: Abu-Meita Zeina , Inglis Nick 
Published: August 2024

Digitisation of currency is inevitable as less people are using cash, and the reliance on plastic, apps, and online services is ever increasing. Anonymity/privacy, equal access to financial services, and monetary sovereignty are but a few issues that arise from digitisation. Because most e-financial services are provided through corporate means, anonymity/privacy have been eroded while also excluding those who are not target clients, creating a gap in financial equality. Governments could remedy the contention by enshrining in the law access to financial services as a human right for their citizens. The law and human rights would then drive the direction of the technology, rather than commercial interests.
'Doing Her Time': A Human Rights Analysis of Overcrowding in Brisbane Women's Correctional Centre
Authors: Leach Erin 
Published: August 2024

At the end of 2016, the Queensland Ombudsman released his report ‘Overcrowding at Brisbane Women’s Correctional Centre’. This investigation, alongside reports from the Anti-Discrimination Commission Queensland and Crime and Corruption Commission Queensland reveal that, despite the best efforts of Queensland Correctives Services, there are a number of potential human rights violations that have arisen within Brisbane Women’s Correctional Centre as a result of ongoing overcrowding. As of 27 February 2019, Queensland has become the third Australian state or territory to pass a human rights Act, 14 years after the Australian Capital Territory introduced the Human Rights Act 2004, and 12 years after Victoria introduced the Charter of Human Rights and Responsibilities Act 2006. In 2019, Australia remains to be the only Western democracy that is yet to introduce a national Act or bill of human rights. This article will consider the potential violations of female prisoners’ human rights inside Queensland’s largest female correctional facility, drawing on case law from Canada, Scotland, and the ECtHR to discuss their potential for recourse under Queensland’s new Human Rights Act 2019.
When Transparency Can Be Deadly: Reporting of Identifiable and Locatable Personal Information in AAT Couple Rule Decisions that Involve Domestic Violence
Authors: Sleep Lyndal Naomi , Gras Diaz Luisa 
Published: August 2024

When a person discloses domestic or family violence, it is vital that identifying or locatable information be managed with appropriate protective factors in place. This is because there is a very real risk of perpetrators locating their victims and their children and inflecting further harm. It is also due to the sensitive nature of this information. Sleep found that one in five ‘couple rule’ decisions reported by the Administrative Appeals Tribunal (AAT) involved domestic violence. Further, that these decisions report identifiable and locatable information about domestic violence victims and their children and are freely accessible to the public online. This puts victims and their children at increased risk of further abuse from their perpetrator. This paper argues that more care should be taken when disclosing individual’s identifiable and locatable information in reporting of decisions by tribunals like the AAT, especially in situations that involve sensitive and/or risky information like ‘couple rule’ decisions that involve domestic violence. This is demonstrated through a content analysis of AAT ‘couple rule’ decisions that are publically available online and involve domestic violence.
The Coronavirus: Old vs Young
Authors: Allan James 
Published: August 2024

This paper makes a sceptical case against the way Australia’s government (and most other governments) invoked lockdowns to handle the coronavirus outbreak. This governmental response amounted to one of the biggest inroads into civil liberties in this country ever. It was based on modelling that has not stood the test of time. It significantly hurt those in the small business private sector but not those in public service or the politicians themselves. And most particularly, it was a response that differentially affected those who are young considerably more than those who are old. The author considers the morality of that and argues that this has been one of the worst public policy misfires of the last century.
Ideological Vandalism of Public Statues: Copyright, The Moral Right of Integrity and Racial Justice
Authors: Hadley Marie , Hook Sarah , Orr Nikolas 
Published: August 2024

This paper considers the regulation of ideological vandalism by the Australian copyright and moral rights regimes in the context of the defacement of public art statues that occurred in Australia and overseas during the Black Lives Matter protests in 2020. Statue vandalism is approached as a form of anti-racist or anti-colonial iconoclasm that contributes to discourse around previous and continuing racial inequities. Law is approached as a form of symbolic action that can consolidate the alienation and othering of vulnerable groups in public spaces. The authors investigate whether, when public statues are within the copyright term, intellectual property rights symbolically devalue anti-racist discourse by de-prioritising agonistic art encounters. It is identified that copyright’s exclusive rights do not render direct physical interventions with the statue unlawful, but that the moral right of integrity held by the statue’s creator is problematic. The moral right of integrity privileges the connection between the artist and their work as a matter of reputation, and any public interest in the graffitied counter-monument is irrelevant to a finding of infringement, which in our view justifies reform. The paper concludes that public spaces should be democratic spaces, and that intellectual property law in post-colonial states and states with a history of racial injustice should do more in support of this goal.
Tree regeneration and ontogenetic strategies of northern European hemiboreal forests: transitioning towards closer-to-nature forest management
Authors: Petrokas Raimundas , Manton Michael , Kavaliauskas Darius 
Published: August 2024

Background
Tree ontogeny is the genetic trajectories of regenerative processes in trees, repeating in time and space, including both development and reproduction. Understanding the principles of tree ontogeny is a key priority in emulating natural ecological patterns and processes that fall within the calls for closer-to-nature forest management. By recognizing and respecting the growth and development of individual trees and forest stands, forest managers can implement strategies that align with the inherent dynamics of forest ecosystem. Therefore, this study aims to determine the ontogenetic characteristics of tree regeneration and growth in northern European hemiboreal forests.

Methodology
We applied a three-step process to review i) the ontogenetic characteristics of forest trees, ii) ontogenetic strategies of trees for stand-forming species, and iii) summarise the review findings of points i and ii to propose a conceptual framework for transitioning towards closer-to-nature management of hemiboreal forest trees. To achieve this, we applied the super-organism approach to forest development as a holistic progression towards the establishment of natural stand forming ecosystems.

Results
The review showed multiple aspects; first, there are unique growth and development characteristics of individual trees at the pre-generative and generative stages of ontogenesis under full and minimal light conditions. Second, there are four main modes of tree establishment, growth and development related to the light requirements of trees; they were described as ontogenetic strategies of stand-forming tree species: gap colonisers, gap successors, gap fillers and gap competitors. Third, the summary of our analysis of the ontogenetic characteristics of tree regeneration and growth in northern European hemiboreal forests shows that stand-forming species occupy multiple niche positions relative to forest dynamics modes.

Conclusions
This study demonstrates the importance of understanding tree ontogeny under the pretext of closer-to-nature forest management, and its potential towards formulating sustainable forest management that emulates the natural dynamics of forest structure. We suggest that scientists and foresters can adapt closer-to-nature management strategies, such as assisted natural regeneration of trees, to improve the vitality of tree communities and overall forest health. The presented approach prioritizes ecological integrity and forest resilience, promoting assisted natural regeneration, and fostering adaptability and connectivity among plant populations in hemiboreal tree communities.
Museomics allows comparative analyses of mitochondrial genomes in the family Gryllidae (Insecta, Orthoptera) and confirms its phylogenetic relationships
Authors: Dong Jiajia , Liu Yong , Tan Ming Kai , Wahab Rodzay Abdul , Nattier Romain , Chifflet-Belle Pascaline , Robillard Tony 
Published: August 2024

Background
Next-generation sequencing technology can now be used to sequence historical specimens from natural history collections, an approach referred to as museomics. The museomics allows obtaining molecular data from old museum-preserved specimens, a resource of biomolecules largely underexploited despite the fact that these specimens are often unique samples of nomenclatural types that can be crucial for resolving scientific questions. Despite recent technical progress, cricket mitogenomes are still scarce in the databases, with only a handful of new ones generated each year from freshly collected material.

Methods
In this study, we used the genome skimming method to sequence and assemble three new complete mitogenomes representing two tribes of the cricket subfamily Eneopterinae: two were obtained from old, historical type material of Xenogryllus lamottei (68 years old) and X. maniema (80 years old), the third one from a freshly collected specimen of Nisitrus vittatus. We compared their genome organization and base composition, and reconstructed the molecular phylogeny of the family Gryllidae.

Results
Our study not only confirmed that the genome skimming method used by next generation sequencing allows us to efficiently obtain the whole mitogenome from dry-pinned historical specimens, but we also confirmed how promising it is for large-scale comparative studies of mitogenomes using resources from natural history collections. Used in a phylogenetic context the new mitogenomes attest that the mitogenomic data contain valuable information and also strongly support phylogenetic relationships at multiple time scales.
Effect of Liquid and Single Compound NPK Fertilizer on Soil and Plant Nitrogen Content and Yield of Sweet Corn (Zea mays L. Saccharata) in Inceptisols of Jatinangor
Authors: Sofyan Emma Trinurani , Yuniarti Anni , Alparidzy Mohammad 
Published: August 2024

The main problem in Inceptisols soil is its low fertility level. One of the efforts to overcome this problem is by providing additional nutrients that can be absorbed by the soil through compound NPK fertilization, which supplies available nutrients to optimize soil fertility, thereby improving the quality and quantity of sweet corn plants. This research aims to determine the effect of liquid compound NPK fertilizer and single fertilizer on total soil N content, plant N content, and yields of sweet corn crops; and to obtain a combination of compound NPK inorganic fertilizer and single fertilizer that provides the highest yield of sweet corn on Inceptisols soil from Jatinangor. The experiment was carried out in the experimental garden of the soil chemistry and plant nutrition laboratory, Faculty of Agriculture, Universitas Padjadjaran, Jatinangor, from July 2023 to December 2023. The research design used was a Completely Randomized Block Design (CRBD) consisting of nine treatments and three replications, namely: A (control); B (1 dose NPK fertilizer standard); C (¾ NPK compound + ¾ NPK standard); D (1 NPK compound + ¾ NPK standard); E (1½ NPK compound + ¾ NPK standard); F (½ NPK compound + 1 NPK standard); G (¾ NPK compound + 1 NPK standard); H (1 NPK compound + 1 NPK standard), and I (1½ NPK Compound + 1 NPK standard). The data collected were initial soil yield before treatment, soil N-total content, N-plant content, cob diameter, cob length, husked cob weight, peeled cob weight, and cob weight per plot. Data analysis was carried out using variance analysis and continued with the 5% level Duncan’s Mutiple Range Test (DMRT). Data analysis using SPSS software. The research results show that the application of liquid and single compound NPK fertilizer had a significant effect on increasing soil N-total, N-plant content, and yields of sweet corn on Inceptisols soil from Jatinangor; and the combination dose of 1 NPK compound (8 L ha-1) + 1 dose of NPK standard (Urea 300 kg ha-1, TSP 100 kg ha-1, and KCl 50 kg ha-1) provides the best sweet corn crop results on Inceptisols soil from Jatinangor.
The significance of the episodic nature of atmospheric deposition to Low Nutrient Low Chlorophyll regions
Authors: Guieu C. , Aumont O. , Paytan A. , Bopp L. , Law C. S. , Mahowald N. , Achterberg E. P. , Marañón E. , Salihoglu B. , Crise A. , Wagener T. , Herut B. , Desboeufs K. , Kanakidou M. , Olgun N. , Peters F. , Pulido‐Villena E. , Tovar‐Sanchez A. , Völker C. 
Published: October 2014

AbstractIn the vast Low Nutrient Low‐Chlorophyll (LNLC) Ocean, the vertical nutrient supply from the subsurface to the sunlit surface waters is low, and atmospheric contribution of nutrients may be one order of magnitude greater over short timescales. The short turnover time of atmospheric Fe and N supply (<1 month for nitrate) further supports deposition being an important source of nutrients in LNLC regions. Yet, the extent to which atmospheric inputs are impacting biological activity and modifying the carbon balance in oligotrophic environments has not been constrained. Here, we quantify and compare the biogeochemical impacts of atmospheric deposition in LNLC regions using both a compilation of experimental data and model outputs. A metadata‐analysis of recently conducted field and laboratory bioassay experiments reveals complex responses, and the overall impact is not a simple “fertilization effect of increasing phytoplankton biomass” as observed in HNLC regions. Although phytoplankton growth may be enhanced, increases in bacterial activity and respiration result in weakening of biological carbon sequestration. The application of models using climatological or time‐averaged non‐synoptic deposition rates produced responses that were generally much lower than observed in the bioassay experiments. We demonstrate that experimental data and model outputs show better agreement on short timescale (days to weeks) when strong synoptic pulse of aerosols deposition, similar in magnitude to those observed in the field and introduced in bioassay experiments, is superimposed over the mean atmospheric deposition fields. These results suggest that atmospheric impacts in LNLC regions have been underestimated by models, at least at daily to weekly timescales, as they typically overlook large synoptic variations in atmospheric deposition and associated nutrient and particle inputs. Inclusion of the large synoptic variability of atmospheric input, and improved representation and parameterization of key processes that respond to atmospheric deposition, is required to better constrain impacts in ocean biogeochemical models. This is critical for understanding and prediction of current and future functioning of LNLC regions and their contribution to the global carbon cycle.