Medical negligence, causation and 'exceptional cases' under the civil liability legislation

Under the civil liability legislation enacted in most Australian jurisdictions, factual causation will be established if, on the balance of probabilities, the claimant can prove that the defendant's negligence was 'a necessary condition of the occurrence of the [claimant's] harm'. Causation will then be satisfied by showing that the harm would not have occurred 'but for' the defendant's breach of their duty of care. However, in an exceptional or appropriate case, sub-section 2 of the legislation provides that if the 'but for' test is not met, factual causation may instead be determined in accordance with other 'established principles'. In such a case, 'the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed' on the negligent party.

Crop Classification using Biologically-inspired Techniques with High Resolution Satellite Image

Remote sensing provides a lucid and effective means for crop coverage identification. Crop coverage identification is a very important technique, as it provides vital information on the type and extent of crop cultivated in a particular area. This information has immense potential in the planning for further cultivation activities and for optimal usage of the available fertile land. As the frontiers of space technology advance, the knowledge derived from the satellite data has also grown in sophistication. Further, image classification forms the core of the solution to the crop coverage identification problem. No single classifier can prove to satisfactorily classify all the basic crop cover mapping problems of a cultivated region. We present in this paper the experimental results of multiple classification techniques for the problem of crop cover mapping of a cultivated region. A detailed comparison of the algorithms inspired by social behaviour of insects and conventional statistical method for crop classification is presented in this paper. These include the Maximum Likelihood Classifier (MLC), Particle Swarm Optimisation (PSO) and Ant Colony Optimisation (ACO) techniques. The high resolution satellite image has been used for the experiments.

Australian court holds Google is responsible for linking to defamatory website

The South Australian Supreme Court this week found that Google is legally responsible when its search results link to defamatory content on the web. In this long-running case, Dr Janice Duffy has been trying for more than six years to clear her name and remove links to defamatory material when people search for her using Google. The main culprit is the US based website Ripoff Reports, where people have posted negative reviews of Dr Duffy. Under United States law, defamation is very hard to prove, and US websites are not liable for comments made by their users. Since it was not possible to get harmful or abusive comments removed from the source, Dr Duffy instead asked Google to remove the links from its search results. Google removed some of these links, but only from its Australian domain (google.com.au), and it left many of them active. This latest court decision is a big win for Dr Duffy. The court found that once Google was alerted to the defamatory material, it was then under an obligation to act to censor its search results and prevent further harm to Dr Duffy’s reputation.

An upper bound for Cubicity in terms of Boxicity

An axis-parallel b-dimensional box is a Cartesian product R-1 x R-2 x ... x R-b where each R-i (for 1 <= i <= b) is a closed interval of the form [a(i), b(i)] on the real line. The boxicity of any graph G, box(G) is the minimum positive integer b such that G can be represented as the intersection graph of axis-parallel b-dimensional boxes. A b-dimensional cube is a Cartesian product R-1 x R-2 x ... x R-b, where each R-i (for 1 <= i <= b) is a closed interval of the form [a(i), a(i) + 1] on the real line. When the boxes are restricted to be axis-parallel cubes in b-dimension, the minimum dimension b required to represent the graph is called the cubicity of the graph (denoted by cub(G)). In this paper we prove that cub(G) <= inverted right perpendicularlog(2) ninverted left perpendicular box(G), where n is the number of vertices in the graph. We also show that this upper bound is tight.Some immediate consequences of the above result are listed below: 1. Planar graphs have cubicity at most 3inverted right perpendicularlog(2) ninvereted left perpendicular.2. Outer planar graphs have cubicity at most 2inverted right perpendicularlog(2) ninverted left perpendicular.3. Any graph of treewidth tw has cubicity at most (tw + 2) inverted right perpendicularlog(2) ninverted left perpendicular. Thus, chordal graphs have cubicity at most (omega + 1) inverted right erpendicularlog(2) ninverted left perpendicular and circular arc graphs have cubicity at most (2 omega + 1)inverted right perpendicularlog(2) ninverted left perpendicular, where omega is the clique number.

In vivo velocity vector imaging and time-resolved strain rate measurements in the wall of blood vessels using MRI

In this paper, we present a new approach for velocity vector imaging and time-resolved measurements of strain rates in the wall of human arteries using MRI and we prove its feasibility on two examples: in vitro on a phantom and in vivo on the carotid artery of a human subject. Results point out the promising potential of this approach for investigating the mechanics of arterial tissues in vivo.

Complexes of lanthanide perchlorates with the open-chain pentadentate ligand n,n,$n^{'},n^{'}$-tetramethyl-3,6,9-trioxaundecane diamide

Complexes of lanthanide perchlorates with the ligand N,N,N,N-tetra-methyl-3,6,9-trioxaundecane diamide (TUD) of the composition Ln(TUD)2-(ClO4)3 (Ln triple bond; length as m-dash La, Nd, Ho, Er, Y) were isolated. Electrical conductivity values indicate that all the perchlorate groups are ionic. IR and nuclear magnetic resonance (1H and 13C) data prove that the ligand coordinates to the metal via the three ether oxygens and the two carbonyl oxygens. A probable coordination number of ten can be assigned for all the complexes.

Rank regression for analysis of clustered data: A natural induced smoothing approach

We consider rank regression for clustered data analysis and investigate the induced smoothing method for obtaining the asymptotic covariance matrices of the parameter estimators. We prove that the induced estimating functions are asymptotically unbiased and the resulting estimators are strongly consistent and asymptotically normal. The induced smoothing approach provides an effective way for obtaining asymptotic covariance matrices for between- and within-cluster estimators and for a combined estimator to take account of within-cluster correlations. We also carry out extensive simulation studies to assess the performance of different estimators. The proposed methodology is substantially Much faster in computation and more stable in numerical results than the existing methods. We apply the proposed methodology to a dataset from a randomized clinical trial.

A revisit to Pope's cohort analysis

Gulland's [Gulland, J.A., 1965. Estimation of mortality rates. Annex to Arctic Fisheries Working Group Report (meeting in Hamburg, January 1965). ICES. C.M. 1965, Doc. No. 3 (mimeographed)] virtual population analysis (VPA) is commonly used for studying the dynamics of harvested fish populations. However, it necessitates the solving of a nonlinear equation for the instantaneous rate of fishing mortality of the fish in a population. Pope [Pope, J.G., 1972. An investigation of the accuracy of Virtual Population Analysis using cohort analysis. ICNAF Res. Bull. 9, 65-74. Also available in D.H. Cushing (ed.) (1983), Key Papers on Fish Populations, p. 291-301, IRL Press, Oxford, 405 p.] eliminated this necessity in his cohort analysis by approximating its underlying age- and time-dependent population model. His approximation has since become one of the most commonly used age- and time-dependent fish population models in fisheries science. However, some of its properties are not well understood. For example, many assert that it describes the dynamics of a fish population, from which the catch of fish is taken instantaneously in the middle of the year. Such an assertion has never been proven, nor has its implied instantaneous rate of fishing mortality of the fish of a particular age at a particular time been examined, nor has its implied catch equation been derived from a general catch equation. In this paper, we prove this assertion, examine its implied instantaneous rate of fishing mortality of the fish of a particular age at a particular time, derive its implied catch equation from a general catch equation, and comment on how to structure an age- and time-dependent population model to ensure its internal consistency. This work shows that Gulland's (1965) virtual population analysis and Pope's (1972) cohort analysis lie at the opposite end of a continuous spectrum as a general model for a seasonally occurring fishery; Pope's (1972) approximation implies an infinitely large instantaneous rate of fishing mortality of the fish of a particular age at a particular time in a fishing season of zero length; and its implied catch equation has an undefined instantaneous rate of fishing mortality of the fish in a population, but a well-defined cumulative instantaneous rate of fishing mortality of the fish in the population. This work also highlights a need for a more careful treatment of the times of start and end of a fishing season in fish population models.

A Note on the Genericity of Simultaneous Stabilizability and Pole Assignability

n this paper we study the genericity of simultaneous stabilizability, simultaneous strong stabilizability, and simultaneous pole assignability, in linear multivariable systems. The main results of the paper had been previously established by Ghosh and Byrnes using state-space methods. In contrast, the proofs in the present paper are based on input-output arguments, and are much simpler to follow, especially in the case of simultaneous and simultaneous strong stabilizability. Moreover, the input-output methods used here suggest computationally reliable algorithms for solving these two types of problems. In addition to the main results, we also prove some lemmas on generic greatest common divisors which are of independent interest.

Modelling Mortality and Reproduction Rates for Management of Sheep Flocks in Northern Australia

By quantifying the effects of climatic variability in the sheep grazing lands of north western and western Queensland, the key biological rates of mortality and reproduction can be predicted for sheep. These rates are essential components of a decision support package which can prove a useful management tool for producers, especially if they can easily obtain the necessary predictors. When the sub-models of the GRAZPLAN ruminant biology process model were re-parameterised from Queensland data along with an empirical equation predicting the probability of ewes mating added, the process model predicted the probability of pregnancy well (86% variation explained). Predicting mortality from GRAZPLAN was less successful but an empirical equation based on relative condition of the animal (a measure based on liveweight), pregnancy status and age explained 78% of the variation in mortalities. A crucial predictor in these models was liveweight which is not often recorded on producer properties. Empirical models based on climatic and pasture conditions estimated from the pasture production model GRASP, predicted marking and mortality rates for Mitchell grass (Astrebla sp.) pastures (81% and 63% of the variation explained). These prediction equations were tested against independent data from producer properties and the model successfully validated for Mitchell grass communities.

Suomen rautakautiset kulkuset, kellot ja kelloriipukset : äänimaiseman arkeologiaa

The thesis addresses the problem of Finnish Iron Age bells, pellet bells and bell pendants, previously unexplored musical artefacts from 400–1300 AD. The study, which contributes to the field of music archaeology, aims to provide a gateway to ancient soundworlds and ideas of music making. The research questions include: Where did these metal artefacts come from? How did they sound? How were they used? What did their sound mean to the people of the Iron Age? The data collected at the National Museum of Finland and at several provincial museums covers a total of 486 bells, pellet bells and bell pendants. By means of a cluster analysis, each category was divided into several subgroups. The subgroups, which all seem to have a different dating and geographical distribution, represent a spread of both local and international manufacturing traditions. According to an elemental analysis, the material varies from iron to copper-tin, copper-lead and copper-tin-lead alloys. Clappers, pellets and pebbles prove that the bells and pellet bells were indisputably instruments intended for sound production. Clusters of small bell pendants, however, probably produced sound by jingling against each other. Spectrogram plots reveal that the partials of the still audible sounds range from 1 000 to 19 850 Hz. On the basis of 129 inhumation graves, hoards, barrows and stray finds, it seems evident that the bells, pellet bells and bell pendants were fastened to dresses and horse harnesses or carried in pouches and boxes. The resulting acoustic spaces could have been employed in constructing social hierarchies, since the instruments usually appear in richly furnished graves. Furthermore, the instruments repeatedly occur with crosses, edge tools and zoomorphic pendants that in the later Finnish-Karelian culture were regarded as prophylactic amulets. In the Iron Age as well as in later folk culture, the bell sounds seem to have expressed territorial, social and cosmological boundaries.

Signifying Angels : Analyses and Interpretations of Rautavaara s Instrumental Compositions

The subject of doctoral thesis is the analysis and interpretation of instrumental pieces composed by Einojuhani Rautavaara (b. 1928) that have been given angelic titles: Archangel Michael Fighting the Antichrist from the suite Icons (1955)/Before the Icons (2006), Angels and Visitations (1978), the Double Bass Concerto Angel of Dusk (1980), Playgrounds for Angels (1981)and the Seventh Symphony Angel of Light (1994). The aim of the work is to find those musical elements common to these pieces that distinguish them from Rautavaara s other works and to determine if they could be thought of as a series. I prove that behind the common elements and titles stands the same extramusical idea the figure of an angel that the composer has described in his commentaries. The thesis is divided into three parts. Since all of the compositions possess titles that refer to the spiritual symbol of an angel, the first part offers a theoretical background to demonstrate the significant role played by angels in various religions and beliefs, and the means by which music has attempted to represent this symbol throughout history. This background traces also Rautavaara s aesthetic attitude as a spiritual composer whose output can be studied with reference to his extramusical interests including literature, psychology, painting, philosophy and myths. The second part focuses on the analysis of the instrumental compositions with angelic titles, without giving consideration to their commentaries and titles. The analyses concentrate in particular on those musical features that distinguish these pieces from Rautavaara s other compositions. In the third part these musical features are interpreted as symbols of the angel through comparison with vocal and instrumental pieces which contain references to the character of an angel, structures of mythical narration, special musical expressions, use of instruments and aspects of brightness. Finally I explore the composer s interpretative codes, drawing on Rilke s cycle of poems Ten Duino Elegies and Jung s theory of archetypes, and analyze the instrumental pieces with angelic titles in the light of the theory of musical ekphrasis.

Writing Otherwise than Seeing : Writing and Exteriority in Maurice Blanchot

Maurice Blanchot (1907-2003), the French writer and novelist, is one of the most important figures in post-war French literature and philosophy. The main intention of this study is to figure out his position and originality in the field of phenomenology. Since this thesis concentrates on the notion of vision in Blanchot s work, its primary context is the post-war discussion of the relation between seeing and thinking in France, and particularly the discussion of the conditions of non-violent vision and language. The focus will be on the philosophical conversation between Blanchot and his contemporary philosophers. The central premise is the following: Blanchot relates the criticism of vision to the criticism of the representative model of language. In this thesis, Blanchot s definition of literary language as the refusal to reveal anything is read as a reference pointing in two directions. First, to Hegel s idea of naming as negativity which reveals Being incrementally to man, and second, to Heidegger s idea of poetry as the simultaneity of revealing and withdrawal; the aim is to prove that eventually Blanchot opposes both Hegel s idea of naming as a gradual revelation of the totality of being and Heidegger s conception of poetry as a way of revealing the truth of Being. My other central hypothesis is that for Blanchot, the criticism of the privilege of vision is always related to the problematic of the exteriority. The principal intention is to trace how Blanchot s idea of language as infinity and exteriority challenges both the Hegelian idea of naming as conceptualizing things and Heidegger s concept of language as a way to truth (as aletheia). The intention is to show how Blanchot, with his concepts of fascination, resemblance and image, both affirms and challenges the central points of Heidegger s thinking on language. Blanchot s originality in, and contribution to, the discussion about the violence of vision and language is found in his answer to the question of how to approach the other by avoiding the worst violence . I claim that by criticizing the idea of language as naming both in Hegel and Heidegger, Blanchot generates an account of language which, since it neither negates nor creates Being, is beyond the metaphysical opposition between Being and non-Being.

Analysis of the serological variability of Lettuce mosaic virus using monoclonal antibodies and surface plasmon resonance technology

A panel of 19 monoclonal antibodies (mAbs) was used to study the immunological variability of Lettuce mosaic virus (LMV), a member of the genus Potyvirus, and to perform a first epitope characterization of this virus. Based on their specificity of recognition against a panel of 15 LMV isolates, the mAbs could be clustered in seven reactivity groups. Surface plasmon resonance analysis indicated the presence, on the LMV particles, of at least five independent recognition/binding regions, correlating with the seven mAbs reactivity groups. The results demonstrate that LMV shows significant serological variability and shed light on the LMV epitope structure. The various mAbs should prove a new and efficient tool for LMV diagnostic and field epidemiology studies.

Development and validation of an ELISA for detecting antibodies to Eimeria tenella in chickens

The aim of this study was to develop and validate an ELISA for detecting chicken antibodies to Eimeria tenella. An initial comparison of merozoite and sporozoite antigen preparations revealed few differences in their ability to monitor the onset, kinetics and magnitude of the antibody response suggesting that both antigens would be equally useful for development of an ELISA. Furthermore the cross-reactivity of these antigens with sera from birds infected with chicken Eimeria species was similar. The merozoite antigen was selected for further evaluation because it was easier to prepare. Discrimination between sera from birds experimentally infected with E. tenella and birds maintained in an Eimeria-free isolation facility was excellent. In sera collected from free-range layers and commercial broilers there also appeared to be clear discrimination between infected and uninfected birds. The ELISA should prove useful for monitoring infectivity in vaccination programmes in layer and breeder flocks and for assessing the effectiveness of biosecurity measures in broiler flocks.