The restorative role of apology in resolving medical disputes: Lessons from Chinese legal culture

This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation. The article further places the three-dimensional apology in the context of the Chinese concept of "the relations of humanity," arguing that an apology accompanying admission of fault and responsibility may help to restore the harmony of relations and, by so doing, resolve medical disputes positively.

Indices for the identification of biologically productive cashmere goats within farms

Objectively comparing cashmere goats with different cashmere production, mean fibre diameter (MFD) and staple length (SL) is difficult for farmers. We aimed to develop indices to enable cashmere producers to identify productive goats within their own farms once adjustments had been made for the primary determinants of cashmere production. That is we aimed to develop indices that identify goats and herds that biologically have a high fleece weight in relation to MFD and SL. We used a sample of 1244 commercial cashmere fleeces from goats originating from many Australian farms based in different environmental zones and a previously developed general linear model that related the logarithm of clean cashmere production (CCMwt) and any other potential determinant. In the present study, sub-models were investigated in order to develop new indices for comparing goats in the same farm, based on fleece characteristics and biological efficiency. New Index (MFD), equal to 6.02×CCMwt/1.1531^MFD, was developed to identify animals of biologically high CCMwt in relation to their MFD. Unlike previously reported results that MFD is not a useful measurement for comparing the biological efficiency of cashmere goats across farms, the New Index (MFD) allows comparison of the biological efficiency of cashmere goats within farms. New Index (SL), equal to 2.70 × CCMwt/1.1414^SL, was developed to identify animals of biologically high CCMwt in relation to their SL. New Index (SL) is very similar to the Clean Cashmere Staple Length Index (CCSLI) that had been previously reported for comparison of cashmere goats across farms, and thus the CCSLI can be usefully used for comparing the biological efficiency of cashmere goats both across and within farms. New Index MFD, SL = 8.90 × CCMwt/1.243^(MFD+SL)/2 was developed to identify animals of biologically high CCMwt in relation to both their MFD and SL within farms, and provides useful information above using either New Index (MFD) or CCSLI. The indices can be presented in the same measurement units as fleece weight, which is a biological concept easily understood by cashmere producers, and enable comparisons to be made between animals using just one attribute, clean cashmere weight.

Environmental barriers and enablers to physical activity participation among rural adults: A qualitative study

Issue addressed Social-ecological models of health behaviour acknowledge environmental influences, but research examining how the environment shapes physical activity in rural settings is limited. This study aimed to explore the environmental factors that act as barriers or facilitators to physical activity participation among rural adults. Methods Forty-nine adults from three regions of rural Tasmania, Australia, participated in semi-structured interviews that explored features of the environment that supported or hindered physical activity. Interviews were digitally recorded, transcribed verbatim and analysed thematically. Results Four key themes emerged: functionality, diversity, spaces and places for all and realistic expectations. 'Functionality' included connectivity with other destinations, distance, safety, continuity, supporting infrastructure and surfacing. While there was limited 'diversity' of structured activities and recreational facilities, the importance of easy and convenient access to a natural environment that accommodated physical activity was highlighted. 'Spaces and places for all' highlighted the importance of shared-use areas, particularly those that were family-and dog-friendly. Despite desires for more physical activity opportunities, many participants had 'realistic expectations' of what was feasible in rural settings. Conclusions Functionality, diversity, spaces and places for all and realistic expectations were identified as considerations important for physical activity among rural adults. Further research using quantitative approaches in larger samples is needed to confirm these findings. So what? Urban-centric views of environmental influences on physical activity are unlikely to be entirely appropriate for rural areas. Evidence-based recommendations are provided for creating new or modifying existing infrastructure to support active living in rural settings.

Food security among asylum seekers in Melbourne

Objectives: This research explores food insecurity among asylum seekers who are members of the Asylum Seeker Resource Centre (ASRC) in Melbourne, Australia. Methods: Structured person-assisted questionnaires were conducted with 56 asylum seekers. The questionnaires examined issues around access to food, cultural appropriateness of available food, transport issues, use of the ASRC Foodbank and questions about general health. Results: Findings suggest that: 1) almost all asylum seekers in this study were food insecure; 2) most of the asylum seekers using the ASRC Foodbank have no access to food other than that provided at the centre; and 3) the reason that most asylum seekers are food insecure is related to structural problems associated with limitations imposed by different visas. Conclusions and implications: The ability of asylum seekers to achieve food security is limited by their restricted access to welfare and government or work-related income. Given that the current policy situation is likely to continue, providers such as the ASRC will find continuing demands on their services and increasing pressures to provide more than a 'supplemental' food supply.

Australian government budget balance numbers: the hybrid nature of public sector accrual accounting

Purpose - The purpose of this paper is to analyse the nature and comparability of budget balance (surplus/deficit) numbers headlined by the Australian Commonwealth Government and the governments of the six Australian States and the two Australian Territories. It does this in the context of the transition to Australian accounting standard AASB 1049 Whole of Government and General Government Sector Financial Reporting. Design/methodology/approach - A case study research method is adopted, based on a content/documentary analysis of the headline budget balance numbers in the general government sector budget statements of each of the nine governments for the eight financial years from 2004-2005 to 2011-2012. Findings - Findings indicate some variation in the measurement bases adopted and a number of departures from the measurement bases prescribed in the reporting frameworks, including AASB 1049. Findings also reveal that none of the nine governments have headlined a full accrual based budget balance number since the implementation of AASB 1049 in 2008. Research limitations/implications - While the study focuses on the Australian general government sector environment, it has significant implications in highlighting the ambiguity in the government budget balance numbers presented and the monitoring and information asymmetry problems that can arise. Research findings have wider relevance internationally in highlighting issues arising with the public sector adoption of accrual accounting. Practical implications - The paper highlights the manner in which governments have been selective in the manner in which they present important budget aggregates. This has important practical and social implications, as the budget balance number is one of the most important measures used to evaluate a government's fiscal management and responsibility. Originality/value - The paper represents the first detailed examination of aspects of the effect of the transition to AASB 1049.

Examining the perception of tenants in sustainable office buildings

Purpose – The purpose of this paper is to address two major challenges faced by sustainable building owners: first, address the gap between an occupant’s expectations of sustainable building outcomes and what the building actually provides and second, overcome the lack of user knowledge about sustainability design and operation for a particular with regards to performance. Design/methodology/approach – This study used a focus group approach to investigate the gap between: user expectations and sustainable building performance. The study surveyed occupants of sustainable office buildings in Melbourne, Australia. Findings – There is no significant relationship between users’ expectations and users’ experience of sustainable building performance and users’ knowledge about sustainability and the building they were worked in. Research limitations/implications – The research was limited to sustainable office buildings. New office buildings seeking to incorporate sustainability which need to focus on the needs of tenants in order to maximise value. Practical implications – There is an urgent need to ensure sustainable office buildings meet the needs of present and future occupiers without compromising short and long-term occupier satisfaction levels with regards to sustainability and operation of the building. Social implications – Increasing the level of sustainability in office buildings has been a major trend over the past decade however the tenants need to be consulted in the post-occupancy phase. Originality/value – Little attention has been given in the property management literature to sustainable office buildings and value drivers. This is an original and innovative study, partly due to the recent developments in sustainable buildings.

Association of different forms of bullying victimisation with adolescents' psychological distress and reduced emotional wellbeing

OBJECTIVE: The frequency and emotional response to bullying victimisation are known to be associated with adolescent mental ill health. A potentially important under-investigated factor is the form of bullying. Four common forms of bullying behaviours are name-calling, physical threats or harm, rumour spreading and social exclusion. To more comprehensively understand bullying victimisation in adolescence, we examined the association of all three factors (frequency, emotional response, form) to psychological distress and emotional wellbeing. METHOD: A stratified, random sample of adolescents (n = 10, 273; mean age = 14.33 years, standard deviation = 1.68 years) completed validated measures of bullying victimisation (Gatehouse Bullying Questionnaire), psychological distress (K10) and emotional wellbeing (Mental Health Inventory) in classroom time. Associations between the form of bullying victimisation and mental health outcomes were examined. RESULTS: Adolescents reported a high prevalence of all four forms of bullying: teased or called names (30.6%), rumour spreading (17.9%), social exclusion (14.3%) and physical threats or harm (10.7%). Victimisation was independently associated with significantly higher levels of psychological distress and reduced levels of emotional wellbeing for all forms of bullying. In particular, social exclusion had a strong association with mental ill health. Adolescents who experienced frequent bullying that was upsetting reported higher psychological distress and reduced emotional wellbeing. CONCLUSION: Different forms of bullying victimisation were independently associated with psychological distress and reduced emotional wellbeing. In particular, frequent and upsetting social exclusion requires a targeted and measured response by school communities and health practitioners.

Feminist challenges to the constraints of law : donning uncomfortable robes?

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change.

Validity of a trunk-mounted accelerometer to measure physical collisions in contact sports

CONTEXT: Accelerometer peak impact accelerations are being used to measure player physical demands in contact sports. However, their accuracy to do so has not been ascertained. PURPOSE: To compare peak-impact-acceleration data from an accelerometer contained in a wearable tracking device with a 3-dimensional motion-analysis (MA) system during tackling and bumping. METHODS: Twenty-five semielite rugby athletes wore a tracking device containing a 100-Hz triaxial accelerometer (MinimaxX S4, Catapult Innovations, Australia). A single retroreflective marker was attached to the device, with its position recorded by a 12-camera MA system during 3 physical-collision tasks (tackle bag, bump pad, and tackle drill; N = 625). The accuracy, effect size, agreement, precision, and relative errors for each comparison were obtained as measures of accelerometer validity. RESULTS: Physical-collision peak impact accelerations recorded by the accelerometer overestimated (mean bias 0.60 g) those recorded by the MA system (P < .01). Filtering the raw data at a 20-Hz cutoff improved the accelerometer's relationship with MA data (mean bias 0.01 g; P > .05). When considering the data in 9 magnitude bands, the strongest relationship with the MA system was found in the 3.0-g or less band, and the precision of the accelerometer tended to reduce as the magnitude of impact acceleration increased. Of the 3 movements performed, the tackle-bag task displayed the greatest validity with MA. CONCLUSIONS: The findings indicate that the MinimaxX S4 accelerometer can accurately measure physical-collision peak impact accelerations when data are filtered at a 20-Hz cutoff frequency. As a result, accelerometers may be useful to measure physical collisions in contact sports.

A practical functional observer scheme for interconnected time-delay systems

This paper proposes a partially distributed functional observer scheme for a class of interconnected linear systems with very strong non-instantaneous subsystems interaction and with time delays in the local states and in the transmission of output information from the remote subsystems. A set of easily verifiable existence conditions is established and upon its satisfaction, simple distributed observers are designed using a straightforward design procedure. Simulation results of a numerical example are given to substantiate the feasibility of the approach.

Localization and degmentation of 3D intervertebral discs in MR Images by data driven estimation

This paper addresses the problem of fully-automatic localization and segmentation of 3D intervertebral discs (IVDs) from MR images. Our method contains two steps, where we first localize the center of each IVD, and then segment IVDs by classifying image pixels around each disc center as foreground (disc) or background. The disc localization is done by estimating the image displacements from a set of randomly sampled 3D image patches to the disc center. The image displacements are estimated by jointly optimizing the training and test displacement values in a data-driven way, where we take into consideration both the training data and the geometric constraint on the test image. After the disc centers are localized, we segment the discs by classifying image pixels around disc centers as background or foreground. The classification is done in a similar data-driven approach as we used for localization, but in this segmentation case we are aiming to estimate the foreground/background probability of each pixel instead of the image displacements. In addition, an extra neighborhood smooth constraint is introduced to enforce the local smoothness of the label field. Our method is validated on 3D T2-weighted turbo spin echo MR images of 35 patients from two different studies. Experiments show that compared to state of the art, our method achieves better or comparable results. Specifically, we achieve for localization a mean error of 1.6-2.0 mm, and for segmentation a mean Dice metric of 85%-88% and a mean surface distance of 1.3-1.4 mm.

Making sense of business leadership vis-à-vis china’s reform and transition

Purpose – The purpose of this paper is to explore the contemporary paradigm of business leadership vis-à-vis China’s reform and transitional context. Design/methodology/approach – The paper employs an evidence-based approach to explore the business leadership issues influenced by economic reform and within the context of societal transition in China. A qualitative research method was adopted based on in-depth interviews with a number of middle managers from a variety of Chinese enterprises, including state-owned, domestic-private and foreigninvested enterprises. Content analysis of several rounds of interviews added depth to the data analysis. Findings – The findings complement existing thoughts and illustrate concepts, issues, and characteristics not yet emphasized in mainstream literature. General patterns and associated characteristics of business leadership in China, as well as specific patterns associated with different forms of enterprise ownerships, are identified. Research limitations/implications – The study makes a timely and necessary contribution that enriches context-specific understandings of business leadership against the backdrop of surrounding economic, social, and cultural changes. Practical implications – The study enriches understandings of commonalities and differences in leadership across the globe, facilitating working collaboratively to achieve common goals in a global community. Originality/value – The study offers new insights into business leadership by linking contextual, personal, and cognitional factors together and demonstrates some unique characteristics of leadership styles in transitional economies like China.

Performance analysis and prediction in triathlon

Performance in triathlon is dependent upon factors that include somatotype, physiological capacity, technical proficiency and race strategy. Given the multidisciplinary nature of triathlon and the interaction between each of the three race components, the identification of target split times that can be used to inform the design of training plans and race pacing strategies is a complex task. The present study uses machine learning techniques to analyse a large database of performances in Olympic distance triathlons (2008–2012). The analysis reveals patterns of performance in five components of triathlon (three race “legs” and two transitions) and the complex relationships between performance in each component and overall performance in a race. The results provide three perspectives on the relationship between performance in each component of triathlon and the final placing in a race. These perspectives allow the identification of target split times that are required to achieve a certain final place in a race and the opportunity to make evidence-based decisions about race tactics in order to optimise performance.