Opting only in: Contractarians, waiver of liability provisions, and the race to the bottom

This paper will test the core claim of scholars in the nexus of contracts tradition—that private ordering as a process of bargaining creates optimal rules. We do this by analyzing empirical evidence in the context of waiver of liability provisions. These provisions allow companies to eliminate monetary damages for breach of the duty of care through amendments to the articles of incorporation. With all states allowing some form of these provisions, they represent a good laboratory to examine the bargaining process between management and shareholders. The contractarian approach would suggest that shareholders negotiate with management to obtain agreements that are in their best interests. If a process of bargaining is at work as they claim, the opt-in process for waiver of liability provisions ought to generate a variety of approaches. Shareholders wanting a high degree of accountability would presumably not support a waiver of liability. In other instances, shareholders might favor them in order to attract or retain qualified managers. Still others would presumably want a mix, allowing waiver but only in specified circumstances.Our analysis reveals that the diversity predicted by a private ordering model is not borne out by the evidence with waiver of liability provisions for Fortune 100 companies. All states permit such provisions and in the Fortune 100, all but one company has them. Moreover, they are remarkably similar in effect, waiving liability to the fullest extent permitted by law. In other words, one categorical rule was merely replaced by another, dealing a significant blow to the contractarian thesis.

Incorporation of oxygen into the succinate co-product of iron(II) and 2-oxoglutarate dependent oxygenases from bacteria, plants and humans.

The ferrous iron and 2-oxoglutarate (2OG) dependent oxygenases catalyse two electron oxidation reactions by coupling the oxidation of substrate to the oxidative decarboxylation of 2OG, giving succinate and carbon dioxide coproducts. The evidence available on the level of incorporation of one atom from dioxygen into succinate is inconclusive. Here, we demonstrate that five members of the 2OG oxygenase family, AlkB from Escherichia coli, anthocyanidin synthase and flavonol synthase from Arabidopsis thaliana, and prolyl hydroxylase domain enzyme 2 and factor inhibiting hypoxia-inducible factor-1 from Homo sapiens all incorporate a single oxygen atom, almost exclusively derived from dioxygen, into the succinate co-product.

Misuse of the term 'stakeholder' in public relations

This article queries the relatively recent adoption of the term 'stakeholder', borrowed from the UK political and the US business management spheres, in public relations academic writing. The article concludes that these spheres use the term in a normative or ideological manner that has worrying implications. The term frames people as having a pre-existing relationship with the governments or business organisations which name them as such. This process of incorporation prejudges and potentially obscures the real relations of groups of people vis-à-vis governments and business organisations which they may wish to have nothing to do with. An argument is mounted for the defence of the term 'publics'. It is pointed out that a key originator of stakeholder theory opposes the notion of 'publics' as closer to a notion of an uncontrolled audience. The article argues that the notion of 'publics' is more fitting than the notion of 'stakeholders' if public relations is about acknowledging this uncontrollability, and to do with advising organisations about their positioning in the democratic milieu. On the other hand, the notion 'stakeholders' may be the right one if public relations is simply aimed at immediately shaping people's behaviour, irrespective of longer term and wider political implications.

Race, genetic determinism and the media: an exploratory study of media coverage of genetics and Indigenous Australians

Social scientists and Indigenous people have voiced concerns that media messages about genetics and race may increase the public's belief in genetic determinism and even increase levels of racism. The degree of genetic determinism in media messages has been examined as a determining factor. This study is the first to consider the implications of this area of scholarship for the indigenous minority in Australia. A search of the last two decades of major Australian newspapers was undertaken for articles that discussed Indigenous Australians and genetics. The review found 212 articles, of which 58 concerned traits or conditions that were presented in a genetically deterministic or antideterministic fashion. These 58 articles were analysed by topic, slant, and time period. Overall, 23 articles were anti-deterministic, 18 were deterministic, 14 presented both sides and three were ambiguous. There was a spike in anti-deterministic articles in the years after the Human Genome Diversity Project, and a parallel increase in deterministic articles since the completion of the Human Genome Project in 2000. Potential implications of the nature of media coverage of genetics for Indigenous Australians is discussed. Further research is required to test directly the impact of these messages on Australians.

The National Safety and Quality Health Service Standards requirements for orientation and induction within Australian healthcare: a review of the literature

Introduction: A workplace orientation program is a core requirement of the National Safety and Quality Health Service (NSQHS) Standards in Australia. This is particularly important within healthcare as patient safety and the patient experience are at risk if the healthcare workforce is not supported with an effective orientation and induction program. Aim: This study aimed to review the literature and map the requirements of the NSQHS Standards in relation to orientation and induction. Method: This study utilised online databases to search for literature pertaining to orientation and induction within healthcare. Inclusion criteria included relevance to research questions, and originating in a country with a comparative health system to Australia. Results: The search identified a total of 202 articles of potential relevance with 42 articles meeting the inclusion criteria. Articles were ranked according to hierarchy of evidence criteria for both qualitative and quantitative studies. The importance of using orientation to detail safety and quality roles, the organisations' risk management system, governance structure, operational processes and procedures was highlighted. Patient-centred care, antimicrobial stewardship, clinical handover and mechanisms for escalation of care and emergency assistance should also be covered within the orientation process. Conclusion: There is a dearth of studies in relation to orientation and induction in the healthcare literature. Orientation content is now clearly prescribed, what is lacking within healthcare is a standardised framework. Concept mapping, educational theory and adult learning methods have been shown to enhance workforce problem solving and engagement with orientation, however further research is needed to enhance practice

Systematic review and meta-analyses investigating whether risk stratification explains lower rates of coronary angiography among women with Non-ST-Segment Elevation Acute Coronary Syndrome

BACKGROUND: Guidelines recommend that all non-ST-segment elevation acute coronary syndrome (NSTEACS) patients with high-risk features receive a coronary angiogram. We hypothesised that the widely reported gender disparity in the use of angiography might be the result of women more frequently being stratified into the lower-risk category.

OBJECTIVES: The aim of the study was to review studies reporting risk stratification of NSTEACS patients by gender, compare risk profiles, and assess impact on use of coronary angiography.

METHODS: PubMed, Scopus, and EMBASE databases were searched on June 17, 2014, using MeSH terms/subheadings and/or key words with no further limits. The search revealed 1230 articles, of which 25 met our objective.

RESULTS: Among the 28 risk-stratified populations described in the 25 articles, women were more likely to be stratified as high-risk in 13 studies; men were more likely to be stratified as high-risk in 3 studies. After meta-analyses, women had a 23% higher odds of being stratified as high-risk than did men (P = .001). Lower-risk patients were more likely to receive an angiogram in 15 study populations.

CONCLUSIONS: Contrary to our hypothesis, this review showed that women with NSTEACS are more likely than men to be considered high-risk when stratified using a range of risk assessment methods. Lower rates of angiography in women form part of a broader treatment-risk paradox, which may involve gender bias in the selection of patients for invasive therapy.

Multi-criteria evaluation of wave energy projects on the south-east Australian coast

In the last decade, multiple studies focusing on national-scale assessments of the ocean wave energy resource in Australia identified the Southern Margin to be one of the most energetic areas worldwide suitable for the extraction of wave energy for electricity production. While several companies have deployed single unit devices, the next phase of development will most likely be the deployment of parks with dozens of units, introducing the risk of conflicts within the marine space. This paper presents a geo-spatial multi-criteria evaluation approach to identify optimal locations to deploy a wave energy farm while minimizing potential conflicts with other coastal and offshore users. The methodology presented is based around five major criteria: ocean wave climatology, nature of the seabed, distance to key infrastructure, environmental factors and potential conflict with other users such as shipping and fisheries. A case study is presented for an area off the south-east Australian coast using a total of 18 physical, environmental and socio-economic parameters. The spatial restrictions associated with environmental factors, wave climate, as well as conflict of use, resulted in an overall exclusion of 20% of the study area. Highly suitable areas identified ranged between 11 and 34% of the study area based on scenarios with varying criteria weighting. By spatially comparing different scenarios we identified persistence of a highly suitable area of 700 km2 off the coast of Portland across all model domains investigated. We demonstrate the value of incorporation spatial information at the scale relevant to resource exploitation when examining multiple criteria for optimal site selection of Wave Energy Converters over broad geographic regions.

Directors' duty to use their powers for proper or permissable purposes

This article focuses generally on the interaction among several internal company law doctrines such as the supremacy of the articles of association; that other organs cannot interfere with powers exclusively conferred upon a particular organ; that courts will not readily interfere with internal company matters; that directors are under a duty to act in good faith and in the best interest of the company as a whole and under a duty to use their powers for proper or permissible purposes; and that there are some remedies available to shareholders if directors did not perform their powers for a proper or permissible purpose. The specific aim with the article is to establish when and why the courts will be prepared to set aside decisions by directors if they have taken them for an improper or impermissible purpose. The article concludes that the courts will be prepared to set the decisions of directors aside when they have used a particular power substantially or primarily for an improper or impermissible purpose. When the exercise of directors' powers is challenged under circumstances where there were both permissible and impermissible purposes for exercising a particular power, there is no alternative for the court but to inquire into the complex area of the state of mind of those who acted and the motive on which they acted. This is, in fact, second-guessing the decisions of directors.

The stakeholder debate and directors' fiduciary duties

It is usually said that a company is a legal entity separate from its management and shareholders and that the business and affairs of a company must be managed by or under the direction of its board. This implies various duties and responsibilities for directors.<br>Directors' duties traditionally include onerous fiduciary duties and obligations of care, skill and diligence in terms of the common law, various statutory provisions in the Companies Act 61 of 1973 requiring certain things of directors or preventing them from doing certain things (see, eg, ss 221-227 and 234-246 of the Act), and possible duties imposed by the articles of association or even separate agreements between directors and their companies.

GST legislation plus 2002 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

GST legislation plus 2003 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

GST legislation plus 2004

Provides a comprehensive set of GST and related legislation in easy- to-read layout, plus extensive history notes and annotations. Includes annotations to Australian GST rulings, section-by-section overviews, defined term locators and relevant overseas case precedents.

Catholic intermarriages in Australia : attitudes to children, identity and sharing household responsibilities

A cursory glance of the human history shows a changing view about marriage on various aspects and levels. One of which is the level of people’s exploration leading to marriage with a spouse that may have different articles of faith.

This study’s focal concern is on Australia’s Catholics’ and Christians’ interfaith marriages, and its level of influence on attitudes to children, identity, and sharing household responsibilities. Expectations are predetermined from both parties but it can be discerned that with sound values, relationships can be rockbed strong.

Raising a family for two individuals with distinct spiritual formation can bring multidisciplinary results. It may be a source of inspiration not only for children seeing their parents respecting each other’s belief— for the love of fellow, own children, and especially the love that has flourished through the union of faith.

Fungi associated with Asphondylia (Diptera : Cecidomyiidae) galls on Sarcocornia quinqueflora and Tecticornia arbuscula (Chenopodiaceae)

Galls induced by the gall-forming midges Asphondylia floriformis and A. sarcocorniae on Sarcocornia quinqueflora, and A. tecticorniae and A. peelei on Tecticornia arbuscula, were collected from two sites nearMelbourne, Victoria. Microfungi belonging to a broad range of families were found to be associated with external surfaces of galls and Journal Articles of Sarcocornia quinqueflora. However, only Botryosphaeria dothidea was isolated from the fungal mycelium lining gall-midge larval chambers of all four Asphondylia species, on both host plants

Contemporary planning education and Indigenous cultural competency agendas : erasing terra nullius, respect and responsibility

As noted in Universities Australia’s (2011a, 2011b) investigations into Indigenous Cultural Competency, most universities have struggled with successfully devising and achieving a translation of Indigenous protocols into their curricula. Walliss & Grant (2000: 65) have also concluded that, given the nature of the built environment disciplines, including planning, and their professional practice activities, there is a “need for specific cultural awareness education” to service these disciplines and not just attempts to insert Indigenous perspectives into their curricula. Bradley’s policy initiative at the University of South Australia (1997-2007), “has not achieved its goal of incorporation of Indigenous perspectives into all its undergraduate programs by 2010, it has achieved an incorporation rate of 61%” (Universities Australia 2011a: 9; http://www.unisa.edu.au/ducier/icup/default.asp).

Contextually, Bradley’s strategic educational aim at University of South Australia led a social reformist agenda, which has been continued in Universities Australia’s release of Indigenous Cultural Competency (2011a; 2011b) reports that has attracted mixed media criticism (Trounson 2012a: 5, 2012b: 5) and concerns that it represents “social engineering” rather than enhancing “criticism as a pedagogical tool ... as a means of advancing knowledge” (Melleuish 2012: 10). While the Planning Institute of Australia’s (PIA) Indigenous Planning Policy Working Party has observed that fundamental changes are needed to the way Australian planning education addresses Indigenous perspectives and interests, it has concluded that planners “! perceptual limitations of their own discipline and the particular discourse of our own craft” were hindering enhanced learning outcomes (Wensing 2007: 2). Gurran (PIA 2007) has noted that the core curriculum in planning includes an expectation of “knowledge of ! Indigenous Australian cultures, including relationships between their physical environment and associated social and economic systems” but that it has not been addressed. This paper critiques these discourses and offers an Indigenous perspective of the debate.