The principle of legality as clear statement rule: significance and problems

In Australia, the common law principle of legality has hardened into a strong clear statement rule that is applied when legislation engages common law rights and freedoms. It has transformed a loose collection of rebuttable interpretive presumptions into a quasi-constitutional common law bill of rights. However, these developments are not without controversy or issue. The analysis undertaken in this article suggests that the principle of legality as clear statement rule -- as mandated by the High Court in Coco v The Queen -- can only work legitimately if Parliament has clear and prior notice of the rights and freedoms that it operates to protect. But it is problematic if what a common law right, such as freedom of speech, requires or guarantees in any given legislative context is unclear and contested, and so must be judicially divined at the point of application. In these cases, the principle operates to enforce a (post-legislative) judicial approximation of what best protects and promotes an abstract legal value or principle. It amounts to the illegitimate judicial remaking of prior legislative decisions on rights. This undercuts the normative justifications for the principle of legality as it obscures from Parliament the common law (rights) backdrop against which its legislation is enacted and interpreted.

Data replication approach with consistency guarantee for data grid

Data grids have been adopted by many scientific communities that need to share, access, transport, process, and manage geographically distributed large data collections. Data replication is one of the main mechanisms used in data grids whereby identical copies of data are generated and stored at various distributed sites to either improve data access performance or reliability or both. However, when data updates are allowed, it is a great challenge to simultaneously improve performance and reliability while ensuring data consistency of such huge and widely distributed data. In this paper, we address this problem. We propose a new quorum-based data replication protocol with the objectives of minimizing the data update cost, providing high availability and data consistency. We compare the proposed approach with two existing approaches using response time, data consistency, data availability, and communication costs. The results show that the proposed approach performs substantially better than the benchmark approaches.

A hybrid weighted aggregation method based on consistency and consensus in group decision making

A recent study in Science indicated that the confidence of a decision maker played an essential role in group decision making problems. In order to make use of the information of each individual's confidence of the current decision problem, a new hybrid weighted aggregation method to solve a group decision making peoblem is proposed in this paper. Specifically, the hybrid weight of each expert is generated by a convex combination of his/her subjective experience-based weight and objective problem-domain-based weight. The experience-based weight is derived from the expert's historical experiences and the problem-domain-based weight is characterized by the confidence degree and consensus degree of each expert's opinions in the current decision making process. Based on the hybrid weighted aggregation method, all the experts' opinions which are expressed in the form of fuzzy preference relations are consequently aggregated to obtain a collective group opinion. Some valuable properities of the proposed method are discussed. A nurse manager hiring problem in a hospital is employed to illustrate that the proposed method provides a rational and valid solution for the group decision making problem when the experts are not willing to change their initial preferences, or the cost of change is high due to time limitation.

Towards consistency, rigour and compatibility of risk assessments for ecosystems and ecological communities

Ecosystem-level conservation is increasingly important at global, national and local levels. Many jurisdictions have developed and apply their own protocols for assessing the threat status of ecosystems, often independently, leading to inconsistencies between and within countries which are problematic for cross-jurisdictional environmental reporting. Australia is a good example of these historic legacies, with different risk assessment methods applied nationally and in most states. The newly developed criteria for the International Union for the Conservation of Nature (IUCN) Red List of Ecosystems (RLE) provide a framework to compare and contrast apparently divergent protocols. We critically reviewed the Australian protocols and compared them with the IUCN RLE, based on the following components of a risk assessment protocol: (i) categories of threat; (ii) assessment units; (iii) underlying concepts and definitions; (iv) assessment criteria; (v) uncertainty methods; and (vi) assessment outcomes. Despite some differences in specific objectives, criteria and their expression, the protocols were structurally similar, included broadly similar types of criteria, and produced assessment outcomes that were generally concordant. Alignment with the IUCN RLE would not require extensive changes to existing protocols, but would improve consistency, rigour and robustness in ecosystem risk assessment across jurisdictions. To achieve this, we recommend: (i) more quantitative assessments of functional change; (ii) separation of management and policy considerations from risk assessment; and (iii) cross-referencing of assessment units in different jurisdictions. We argue that the focus on processes and ecological function, rather than only patterns, is key to robust risk assessment. © 2014 The Authors.

LNA aptamer based multi-modal, Fe3O4-saturated lactoferrin (Fe3O4-bLf) nanocarriers for triple positive (EpCAM, CD133, CD44) colon tumor targeting and NIR, MRI and CT imaging

This is the first ever attempt to combine anti-cancer therapeutic effects of emerging anticancer biodrug bovine lactoferrin (bLf), and multimodal imaging efficacy of Fe3O4 nanoparticles (NPs) together, as a saturated Fe3O4-bLf. For cancer stem cell specific uptake of nanocapsules/nanocarriers (NCs), Fe3O4-bLf was encapsulated in alginate enclosed chitosan coated calcium phosphate (AEC-CP) NCs targeted (Tar) with locked nucleic acid (LNA) modified aptamers against epithelial cell adhesion molecule (EpCAM) and nucleolin markers. The nanoformulation was fed orally to mice injected with triple positive (EpCAM, CD133, CD44) sorted colon cancer stem cells in the xenograft cancer stem cell mice model. The complete regression of tumor was observed in 70% of mice fed on non-targeted (NT) NCs, with 30% mice showing tumor recurrence after 30 days, while only 10% mice fed with Tar NCs showed tumor recurrence indicating a significantly higher survival rate. From tumor tissue analyses of 35 apoptotic markers, 55 angiogenesis markers, 40 cytokines, 15 stem cell markers and gene expression studies of important signaling molecules, it was revealed that the anti-cancer mechanism of Fe3O4-bLf was intervened through TRAIL, Fas, Fas-associated protein with death domain (FADD) mediated phosphorylation of p53, to induce activation of second mitochondria-derived activator of caspases (SMAC)/DIABLO (inhibiting survivin) and mitochondrial depolarization leading to release of cytochrome C. Induction of apoptosis was observed by inhibition of the Akt pathway and activation of cytokines released from monocytes/macrophages and dendritic cells (interleukin (IL) 27, keratinocyte chemoattractant (KC)). On the other hand, the recurrence of tumor in AEC-CP-Fe3O4-bLf NCs fed mice mainly occurred due to activation of alternative pathways such as mitogen-activated protein kinases (MAPK)/extracellular signal-regulated kinases (ERK) and Wnt signaling leading to an increase in expression of survivin, survivin splice variant (survivin 2B) and other anti-apoptotic proteins Bad, Bcl-2 and XIAP. Apart from the promising anti-cancer efficacy and the exceptional tumor targeting ability observed by multimodal imaging using near-infrared (NIR) imaging, magnetic resonance imaging (MRI) and computerized tomographic (CT) techniques, these NCs also maintained the immunomodulatory benefits of bLf as they were able to increase the RBC, hemoglobin, iron calcium and zinc levels in mice.

Youth Depression Alleviation-Augmentation with an anti-inflammatory agent (YoDA-A): protocol and rationale for a placebo-controlled randomized trial of rosuvastatin and aspirin

AIM: There is growing support for the role of inflammation and oxidative stress in the pathophysiology of major depressive disorder (MDD). This has led to the development of novel strategies targeting inflammation in the treatment of depression. Rosuvastatin and aspirin have well-documented, anti-inflammatory and antioxidant properties. The aim of the Youth Depression Alleviation: Augmentation with an anti-inflammatory agent (YoDA-A) study is to determine whether individuals receiving adjunctive anti-inflammatory agents, aspirin and rosuvastatin experience a reduction in the severity of MDD compared with individuals receiving placebo. METHODS: YoDA-A is a 12-week triple-blind, randomized controlled trial funded by the National Health and Medical Research Council, Australia. Participants aged 15-25, with moderate-to-severe MDD, are allocated to receive either 10 mg/day rosuvastatin, 100 mg/day aspirin, or placebo, in addition to treatment as usual. Participants are assessed at baseline and at weeks 4, 8, 12 and 26. The primary outcome is change in the Montgomery-Åsberg Depression Rating Scale (MADRS) from baseline to week 12. RESULTS: The study is planned to be completed in 2017. At date of publication, 85 participants have been recruited. CONCLUSION: Timely and targeted intervention for youth MDD is crucial. Given the paucity of new agents to treat youth MDD, adjunctive trials are not only pragmatic and 'real-world', but additionally aim to target shortfalls in conventional medications. This study has the potential to first provide two new adjunctive treatment options for youth MDD; aspirin and rosuvastatin. Second, this study will serve as proof of principle of the role of inflammation in MDD.

Consistency of the Health of the Nation Outcome Scales (HoNOS) at inpatient-to-community transition

OBJECTIVES: The Health of the Nation Outcome Scales (HoNOS) are mandated outcome-measures in many mental-health jurisdictions. When HoNOS are used in different care settings, it is important to assess if setting specific bias exists. This article examines the consistency of HoNOS in a sample of psychiatric patients transitioned from acute inpatient care and community centres.

SETTING: A regional mental health service with both acute and community facilities.

PARTICIPANTS: 111 psychiatric patients were transferred from inpatient care to community care from 2012 to 2014. Their HoNOS scores were extracted from a clinical database; Each inpatient-discharge assessment was followed by a community-intake assessment, with the median period between assessments being 4 days (range 0-14). Assessor experience and professional background were recorded.

PRIMARY AND SECONDARY OUTCOME MEASURES: The difference of HoNOS at inpatient-discharge and community-intake were assessed with Pearson correlation, Cohen's κ and effect size.

RESULTS: Inpatient-discharge HoNOS was on average lower than community-intake HoNOS. The average HoNOS was 8.05 at discharge (median 7, range 1-22), and 12.16 at intake (median 12, range 1-25), an average increase of 4.11 (SD 6.97). Pearson correlation between two total scores was 0.073 (95% CI -0.095 to 0.238) and Cohen's κ was 0.02 (95% CI -0.02 to 0.06). Differences did not appear to depend on assessor experience or professional background.

CONCLUSIONS: Systematic change in the HoNOS occurs at inpatient-to-community transition. Some caution should be exercised in making direct comparisons between inpatient HoNOS and community HoNOS scores.