Historical evolution and modern implications of concepts of consent to, and refusal of, medical treatment in the law of trespass

Many mischiefs arise on the change of a maxim and rule of the Common Law, which those who altered it could not see when they made the change.

Historical dynamics of the fur seal population : evidence of regulation by man?

The Australian fur seal (Arctocephalus pusillus doriferus) was severely over-exploited in the 18th and 19th centuries and until relatively recently its population had remained steady at well below estimated presealing levels. However, the population is now increasing rapidly (6%–20% per annum) throughout its range and there is a need to understand its dynamics in order to assess the potential extent and impact of interactions with fisheries. Age distribution (n = 156) and pregnancy rate (n = 110) were determined for adult females collected at a breeding colony on Seal Rocks, southeast Australia, in 1971–1972. Mean ± SE and maximum observed ages were 9.37 ± 0.41 and 20 years (n = 1), respectively. A stochastic modelling approach was used to fit an age distribution to the observed age-structure data and calculate rates of recruitment and adult survival. Annual adult female survival and recruitment rates between 1954 and 1971 were 0.478 ± 0.029 (mean ± SE) and 0.121 ± 0.007, respectively, suggesting that the population was experiencing a decline during the 1960s. The pregnancy rate increased from 78% at 3 years of age to an average of 85% between 4–13 years of age before significantly decreasing in older females (the oldest was 19 years of age). There was no significant effect of body mass or condition on the probability of a female being pregnant (P > 0.5 in both cases) and the nutritional burden of lactation did not appear to affect pregnancy rates or gestational performance. These findings suggest that the low survivorship was due to density-independent effects such as mortality resulting from interactions with fishers, which are known to have been common at the time. The recent increase in the population is consistent with anecdotal evidence that such interactions have decreased as fishing practices have changed.

Nasogastric tubes : an historical context

Nurses commonly care for patients with nasogastric tubes. Many authors have addressed the management of nasogastric tubes; however, discussion rarely considers the historical perspective. The purpose of this article is to provide an historical context on nasogastric tubes

Estimating expected excess returns using historical and option-implied volatility

We test the relation between expected and realized excess returns for the S&P 500 index from January 1994 through December 2003 using the proportional reward-to-risk measure to estimate expected returns. When risk is measured by historical volatility, we find no relation between expected and realized excess returns. In contrast, when risk is measured by option-implied volatility, we find a positive and significant relation between expected and realized excess returns in the 1994–1998 subperiod. In the 1999–2003 subperiod, the option-implied volatility risk measure yields a positive, but statistically insignificant, risk-return relation. We attribute this performance difference to the fact that, in the 1994–1998 subperiod, return volatility was lower and the average return was much higher than in the 1999–2003 subperiod, thereby increasing the signal-to-noise ratio in the latter subperiod.

The sword and the pen in the pre-modern Arabic heritage : a literacy representation of an important historical relationship

The so-called "literary debate" in Greek, Latin and many Near Eastern
languages is a well-developed genre. In his 1987 article, Geert Jan van Gelder surveyed its background more than adequately, 1 and very few details of that paper need to be repeated here. He assessed thoroughly the historical contribution of numerous poets to the relationship between "the sword and the pen," and also analyzed various aspects of this relationship in a few prose texts.

Historical fictions : the historical novel in Australia during the 1930s and 1940s

The thesis examines historical novels written in Australia during the 1930s and 1940s, providing close readings of Xavier Herbert's Caprocornia, Miles Franklin's All That Swagger, M. Barnard Eldershaw's Tomorrow and Tomorrow and Tomorrow, Katherine Susannah Prichard's goldfields trilogy, and Eleanor Dark's The Timeless Land. No attempt has been made at encyclopaedic completeness. The organising principle behind the study relates, instead, to the question of the status of the historical novel as a genre. The thesis considers the importance of genre in literary theory, and reflects on the construction of Australian literary history, which in the post-war period has consistently involved a debunking of historical fiction. In the first chapter, various approaches to historical fiction are considered, special attention being paid to Lukacs's The Historical Novel. This leads on to an examination of Marxist approaches to literature, including Frederic Jameson's The Political Unconscious, in order to establish some of the coordinates of the subsequent analysis. While Lukacs's study represents an inadequate theoretical basis for an examination of the historical novel, his popular frontism suggests a useful context for an examination of historical fiction written in Australia during the 'thirties and 'forties, raising the question of the relationship between literature and ideology during this period. The thesis, however, embraces a wider ideological spectrum than the Popular Front, including P.R. Stephensen's 'Australia First' Movement, as well as Katherine Susannah Prichard's communism. The next two chapters are devoted to a consideration of Capricornia and All That Swagger, novels P. R. Stephensen praised in the columns of The Publicist for being 'authentically Australian'. The thesis is generally concerned with the question of the relationship between Australian nationalism and literary production, a concern which is taken up in the following chapter, where Tomorrow and Tomorrow and Tomorrow and Prichard's goldfields trilogy are examined in connection with the Popular Front. Eleanor Dark's development as a writer forms the subject matterof the concluding chapters of this study, when the significance of the historical novel for writers of her generation is established through considering the importance of the historical novel within her oevre.