115 resultados para extent to which court should exercise discretion


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The aim of the current study was to generate socially conditioned fear in two different strains of rat (Wistar, W and Sprague Dawley, SD) using social conflict, in order to investigate whether the magnitude of the conditioned fear responses in each strain was related to behaviour exhibited prior to or during fear induction (i.e. social conflict). On day one of the study, all intruders were assessed for exploratory activity in a novel environment. Twenty four hours following the novel environment test the locomotor activity of the intruders was assessed, while they underwent a single familiarisation exposure to the arena in which the conflict was subsequently to occur in. Twenty-four hours following familiarisation, intruders underwent either a 10 min social conflict or sham conflict session. One day later we examined the response of the intruders when they were returned to the vacant resident's cage. Upon return to the conflict context, we examined the intruder's ultrasonic distress vocalisations and the extent to which locomotor activity was inhibited. We found that W rats displayed significantly more immobility (i.e. conditioned fear) upon return to context than did SD rats (p < 0.05). Importantly, we observed that the differences in the two strains behaviour upon return to context appeared to be related to their quite different patterns of coping behaviour. The results of the current study indicate that preclinical between-strain comparisons potentially have much to offer in regard to understanding the basis of resilience to social stress.

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Demutualisation became a global trend amongst financial sector firms in the last two decades of the twentieth century. Changes to the organisational foundations of mutual firms represented a shift in operational cultures and have often been viewed as an end point or demise of the co-operative business model. It is the intention of this article to investigate the extent to which this was the case within a major mutual institution, the Australian Mutual Provident, Australia's oldest and largest mutual insurer. The article's key argument is that the concept of mutuality is organic, and that within this organisation it evolved as the structure of the firm became more sophisticated as it developed from a supplier of life insurance products into a sophisticated financial services provider, which ultimately generated internal pressures to demutualise.

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Background While the relationship between socio-economic disadvantage and cardiovascular disease (CVD) is well established, the role that traditional cardiovascular risk factors play in this association remains unclear. The authors examined the association between education attainment and CVD mortality and the extent to which behavioural, social and physiological factors explained this relationship.

Methods Adults (n=38 355) aged 40–69 years living in Melbourne, Australia were recruited in 1990–1994. Subjects with baseline CVD risk factor data ascertained through questionnaire and physical measurement were followed for an average of 9.4 years with CVD deaths verified by review of medical records and autopsy reports.

Results CVD mortality was higher for those with primary education only, compared with those who had completed tertiary education, with an HR of 1.66 (95% CI 1.10 to 2.49) after adjustment for age, country of birth and gender. Those from the lowest educated group had a more adverse cardiovascular risk factor profile compared with the highest educated group, and adjustment for these risk factors reduced the HR to 1.18 (95% CI 0.78 to 1.77). In analysis of individual risk factors, smoking and waist circumference explained most of the difference in CVD mortality between the highest and lowest education groups.

Conclusions Most of the excess CVD mortality in lower socio-economic groups can be explained by known risk factors, particularly smoking and overweight. While targeting cardiovascular risk factors should not divert efforts from addressing the underlying determinants of health inequalities, it is essential that known risk factors are addressed effectively among lower socio-economic groups.

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Purpose:  The aim was to determine world-wide patterns of fitting contact lenses for the correction of presbyopia.

Methods:  Up to 1,000 survey forms were sent to contact lens fitters in each of 38 countries between January and March every year over five consecutive years (2005 to 2009). Practitioners were asked to record data relating to the first 10 contact lens fittings or refittings performed after receiving the survey form.

Results:  Data were received relating to 16,680 presbyopic (age 45 years or older) and 84,202 pre-presbyopic (15 to 44 years) contact lens wearers. Females are over-represented in presbyopic versus pre-presbyopic groups, possibly reflecting a stronger desire for the cosmetic benefits of contact lenses among older women. The extent to which multifocal and monovision lenses are prescribed for presbyopes varies considerably among nations, ranging from 79 per cent of all soft lenses in Portugal to zero in Singapore. There appears to be significant under-prescribing of contact lenses for the correction of presbyopia, although for those who do receive such corrections, three times more multifocal lenses are fitted compared with monovision fittings. Presbyopic corrections are most frequently prescribed for full-time wear and monthly replacement.

Conclusions:  Despite apparent improvements in multifocal design and an increase in available multifocal options in recent years, practitioners are still under-prescribing with respect to the provision of appropriate contact lenses for the correction of presbyopia. Training of contact lens practitioners in presbyopic contact lens fitting should be accelerated and clinical and laboratory research in this field should be intensified to enhance the prospects of meeting the needs of presbyopic contact lens wearers more fully.

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This thesis engages in critical policy analysis to examine the ways in which violence is problematised in social policy. The extent to which (policy) constructions of violence reflect and reinforce gender(ed) discourses, as manifest in the naming of some violence(s) as ‘problem violences’ and not others, represents a key finding of this thesis.

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The Japanese currency has appreciated substantially against most other currencies over the last two decades. During the same time Japan has become one of the world's largest providers of FDI. Japan's share of total FDI outflows increased from about 6 percent during the late 70's to 21 percent in 1990 while its share of the total stock of FDI in the world increased from less than 1 percent in 1960 to more than 13 percent in 1993. Not surprisingly, Japan's role in international business in general and its FDI activities, in particular, have attracted considerable attention from researchers world wide. However, much of this attention has been directed towards the patterns and determinants of Japanese foreign direct investment, in particular to the United States. The impact of changes in the value of the Yen on Japanese FDI has been largely overlooked. Thus, this paper fills an important gap in the literature by focusing on the influence of changes of the exchange rate on Japanese foreign direct investment. A comprehensive simultaneous equa-tion model of Japanese FDI is developed on a regional level to gauge the extent to which currency fluctuations affect Japanese FDI activities. The results suggest that the exchange rate is an effective mechanism through which to influence FDI. Thus, the exchange rate should not be overlooked by the World Trade Organisation in its efforts to further liberalise investment through the Multilateral Agreement on Investment.

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Purpose – The purpose of this paper is to present an analytical summary of UK housing policies. It aims to evaluate UK government's housing policies, before and after the publication of the Barker Review, to tackle affordability issues in the owner-occupied sector. It examines the extent to which housing policy contributes to or alleviates the problem of the affordability of owner-occupied housing.

Design/methodology/approach – This paper evaluates the impact of UK government housing policies since 2000 on housing affordability by analysing their impact on the dynamics of housing demand and supply.

Findings – The Barker Review, which applied simple economic ideas and techniques in analysing the owner-occupied UK housing market, argued that increases in new housing supply would help to improve housing affordability. The second Barker Review suggested that changes to the planning system were needed in order not only to increase new housing supply, but to make housing supply more sensitive to changing demands. The Barker Reviews brought about a major re-think in government policy towards housing, particularly relating to new build and the planning system. However, the heavy reliance on the private sector to provide additional housing has reduced the effectiveness of policy changes. In addition, the adoption by the government of “demand-side” housing policies has done little to negate the volatility of UK house prices or to raise the overall affordability of owner-occupied housing.

Originality/value – This paper reflects on government failures in UK housing policy in addressing the affordability of owner-occupied housing. The findings will be of interest to policy makers and housing researchers.

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In a previous Strategic Insights article [issue no.31, March 2011]  there was a focus on increasing use of maritime shipping containers by drug traffickers pointing to their use as a transport method. This raised the quetion of the extent to which counterterrorism efforts that have raised security levels in ports, as part of a general heightening of security levels. This article questions whether current counterterrorism arrangements on the landside of ports can be effective tools against the presence of organised crime.

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We examine the relationship between corporate governance and the extent of corporate social responsibility (CSR) disclosures in the annual reports of Bangladeshi companies. A legitimacy theory framework is adopted to understand the extent to which corporate governance characteristics, such as managerial ownership, public ownership, foreign ownership, board independence, CEO duality and presence of audit committee influence organisational response to various stakeholder groups. Our results suggest that although CSR disclosures generally have a negative association with managerial ownership, such relationship becomes significant and positive for export-oriented industries. We also find public ownership, foreign ownership, board independence and presence of audit committee to have positive significant impacts on CSR disclosures. However, we fail to find any significant impact of CEO duality. Thus, our results suggest that pressures exerted by external stakeholder groups and corporate governance mechanisms involving independent outsiders may allay some concerns relating to family influence on CSR disclosure practices. Overall, our study implies that corporate governance attributes play a vital role in ensuring organisational legitimacy through CSR disclosures. The findings of our study should be of interest to regulators and policy makers in countries which share similar corporate ownership and regulatory structures.

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Previous studies have revealed that C20 PUFA are significantly less oxidised to CO2 in whole-body studies compared with SFA, MUFA and C18 PUFA. The present study determined the extent to which three long-chain PUFA, namely 20 : 5n-3 EPA, 22 : 5n-3 docosapentaenoic acid (DPA) and 22 : 6n-3 DHA, were catabolised to CO2 or, conversely, incorporated into tissue lipids. Rats were administered a single oral dose of 2·5 μCi [1-14C]DPA, [1-14C]EPA, [1-14C]DHA or [1-14C]oleic acid (18 : 1n-9; OA), and were placed in a metabolism chamber for 6 h where exhaled 14CO2 was trapped and counted for radioactivity. Rats were euthanised after 24 h and tissues were removed for analysis of radioactivity in tissue lipids. The results showed that DPA and DHA were catabolised to CO2 significantly less compared with EPA and OA (P< 0·05). The phospholipid (PL) fraction was the most labelled for all three n-3 PUFA compared with OA in all tissues, and there was no difference between C20 and C22 n-3 PUFA in the proportion of label in the PL fraction. The DHA and DPA groups showed significantly more label than the EPA group in both skeletal muscle and heart. In the brain and heart tissue, there was significantly less label in the cholesterol fraction from the C22 n-3 PUFA group compared with the C20 n-3 PUFA group. The higher incorporation of DHA and DPA into the heart and skeletal muscle, compared with EPA, suggests that these C22 n-3 PUFA might play an important role in these tissues.

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An Australian research facility, MABEL (the Mobile Architecture and Built Environment Laboratory) measured several school classrooms for their indoor environmental performance (IEQ) performance. This paper is a reporting of a case study, highlighting the processed measurement of a classroom and its findings. A review of the literature, also reveals particular sectors of IEQ in schools that are worthy of measurement. A primary intention here is to determine the type of IEQ measurements and their evaluation methods together with their corresponding instrumentation. A secondary intention is to highlight particular IEQ discrepancies in existing school classroom design resulting from these case study measurements, suggesting construction and operational conditioning improvements.In particular this research reveals international research on the subject of IEQ in school buildings and confirms the usefulness, urgency and necessity of IEQ measurements, world wide, in this area. As most of the existing literature on the subject seems to fall short of acknowledging all sectors of IEQ, this paper would like to address the importance of multiple IEQ parameters, experienced through on-site measurement case studies. It is suggested that the existing literature intends to target a specific IEQ sector or parameter, predetermining its effect on student absenteeism or reduced performance. In contrast to this, this paper would like to acknowledge the interactive effects of an IEQ index (standard) in general. One of the reasons for this are that such an index still appears to remain in the developmental stages.Various sectors of IEQ measurements, as measured with the MABEL facility, are demonstrated in this paper. They illustrate a cross-section of typical classroom evidence-based problems backed by measurement. A literature review confirms that similar problems in school buildings are evident in other parts of Australia as well as throughout the world, in identical and different climates. A holistic IEQ measurement acknowledges that there may be several outstanding, as well as poor IEQ parameters within the same classroom. Solutions to these poor IEQ results may be remedied, yet, it is the measurement that highlights the periods, degree and extent to which these problems occur. It is suggested here that a holistic approach to IEQ is required and that the development of its measurement standards and reporting are desperately needed.

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Purpose – Following the demise of the Soviet Union in 1992, Russia undertook major institutional and market-oriented reforms to enhance the competitive advantage of domestic enterprises. Although Russia has experienced rapid growth over the last two decades, the extent to which institutions in Russia impact on firm innovation and performance remains poorly understood due to a lack of research on the subject. This paper seeks to contribute to the literature on the competitiveness of Russian firms by focussing specifically on the extent to which the state of the regulatory quality, rule of law, and corruption affect the innovation capacity and performance of firms in Russia.

Design/methodology/approach – The study uses structural equation modelling and data from a large-scale firm level survey (n=787) of firms in Russia undertaken by the World Bank in 2009. It investigates the direct and indirect perceptions of respondents of the effects the current institutional environment has on the innovation capacity and performance of their respective organisations.

Findings – The results show that regulatory quality, rule of law and corruption have strong direct and negative impacts on both the innovation capacity and performance of firms, and that innovation capacity strongly mediates the effects of institutions on firm performance. The results suggest that the current state of the regulatory quality, rule of law and corruption in Russia inhibit firm innovation and their resulting performance.

Research limitations/implications – The findings should be interpreted with caution to the extent that the study is limited to only three elements of the formal institutional environment and does not take into consideration the role of informal institutions. These two limitations present avenues for future research.

Originality/value – The study is one of the first to provide empirical evidence based on a large-scale survey of the extent to which formal institutions inhibit innovation and firm performance in Russia, and provides valuable guidance to business policy-makers in Russia on possible avenues for enhancing the overall competitiveness of Russian firms.

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The Australian Law Reform Commission is at present considering the scope of exceptions to copyright infringement. Its consideration will no doubt be influenced to some degree by the outcome in EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd (2011) 191 FCR 444; (2011) 90 IPR 50 which concerned the quotation of a musical phrase in a later musical work. This article addresses the problem of creative appropriations and the extent to which a quotation exception, consistent with Art 10 of the Berne Convention, should be incorporated into Australian law. In doing so it considers the practical application of such a quotation exception in European jurisdictions (most notably Germany) and suggests the form in which such an exception might be incorporated into Australian law.

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Sentencing involves the deliberate infliction of harm by society on individuals. It is the most coercive means through which the community imposes its collective (albeit civilised) displeasure at harmful conduct. It is an important and complex process, which involves balancing fundamental interests of victims and the community on the one hand and offenders on the other. The single most important determinant in setting criminal sanctions is the principle of proportionality, which provides that the harshness of the penalty should match the seriousness of the offence. The principle is intuitively appealing but in reality is an illusion, and hence the reason why penalties for criminal offences vary enormously within and across jurisdictions. The main reason is because there is no agreement regarding the considerations that inform offence severity or sanction hardship. This article injects content into the proportionality principle by suggesting that both limbs of the principle should be informed by the extent to which the crime and the sanction set back the well-being of victims and offenders, respectively. These interests are not conclusively mapped. However, a methodology is set out for establishing these interests. This will lead to greater consistency in sentencing and provide a sounder, normative foundation for the manner in which society deals with criminals.

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The authors of this viewpoint initially came together as colleagues to debate whether occupational therapy curricula (the programmes that each author teaches intoprepared students to not only survive but thrive within the increasingly complex or supercomplex world of professional practice (Barnett, 2011). Through reflective conversations on our collective experiences working with students at capstone (transition-to-practice) level, coupled with further exploration of literature surrounding graduate attributes, employability and professional issues within occupational therapy practice our attention focussed on capacities of agency and political skill, and specifically, the extent to which our graduates are explicitly or implicitly prepared to be agentic and politically adept in practice. In the context of this viewpoint, we refer to agency as an intentional motivation to work toward strategic goals (both personal and organisational). As a construct, Ferris et al. (2007) propose that political skill is comprised of four critical dimensions: social astuteness; interpersonal influence; networking ability and apparent sincerity. Early professional success in most contemporary workplaces we argue, as have others (e.g. Pollard, Sakellariou & Kronenburg, 2008), relate to graduates’ political adeptness.