Where shall the future student learn? Student expectations of university facilities for teaching and learning

This paper examines some of the issues surrounding educational facilities - their design and impact upon student learning now and into the future. It details some of the recent literature in this area with particular emphasis upon teaching and learning trends that match the needs of modern students. The responses of a group of first year university students in the School of Property, Construction and Project Management at RMIT University are also matched against these trends. The conclusions from these responses drawn indicate that the future university student will want flexible learning spaces that can adapt to both individual and collaborative work with a strong emphasis on social learning and advanced technology. The responses also indicate a mismatch between existing lecture theatres and tutorial rooms and the third space learning that these graduates of 2011 want. The results have implications for all higher education institutions as we enter the new millennium.

Operation of guardianship laws in the emergency ward

Enduring and workable legislative schemes typically include (a) a balanced approach to the rights and duties of all parties under their purview; and (b) consideration of all major consequences that may flow from the codification of underpinning doctrines. This column examines the 1999 amendments to the Guardianship and Administration Act 1986 (Vic) regulating patients’ consent to medical treatment focusing on their application in modern emergency departments. The legislation needs to reconcile the human rights principle that humane and appropriate treatment is a fundamental right of all those who suffer from ill health and disease, with the principle that all patients (including those with impaired, but not totally absent, decisional capacity) have an absolute right to refuse life-saving treatment. Consent and refusal of treatment provisions should be based on the notion of reasonableness, including recognition that the mental and emotional states experienced by physically ill people may, in the short term, adversely affect their decision-making capacity. Unless the consent legislation factors in the realities of modern emergency practice and resources, statutory thresholds for decisional competence, instead of affording protection, may result in much worse outcomes for vulnerable patients.

The nature and scope of rights of removal

The rationale underlying the fixtures and accession presumptions is the need to protect the value of the chattel as well as the need to protect third-party interests. The destruction of the independent legal status of an attached chattel is generally deemed appropriate where the value of the co-mingled asset will be diminished if the chattel retains a separate legal title and this would generate unfairness because third parties have dealt with the co-mingled asset on the basis of its overall value. Rights to remove have evolved under both common law and equity to moderate the scope of these presumptions. Common law will uphold the right of a tenant to remove chattels that have been attached to leased premises during the currency of the lease. Equity on the other hand will uphold the right to remove affixed chattels in circumstances where the enforcement of such an entitlement is consistent with contractual intention and transactional fairness. This article examines the different rights of removal that have evolved under Australian law to date and the emergent statutory framework supporting these rights. It discusses the historical purpose and structural utility of these entitlements within a land framework that supports fixtures presumptions. Rights of removal, whether validated at law or in equity, confer positive entitlements upon the holder to access and remove affixed goods in circumstances where, because of the fixtures and accession presumptions, those goods no longer retain any separate legal status. The capacity of the holder to enforce this right against third parties is illustrative of their distinctive proprietary perspective.

Competency expectations for property professionals in Australia

Purpose – The aim of this paper is to identify the competency expectations for property
professionals in Australia. It further discusses differences in competency expectations between property professionals who have different professional backgrounds, such as valuers or non-valuers, and property professionals who work in different sectors or different-sized companies and who have differing amounts of experience. The competencies identified in this paper include knowledge areas, skills and attributes.

Design/methodology/approach – This paper presents the research findings of a questionnaire survey sent to Australian Property Institute members, which aimed to gather Australian property professionals’ views on the knowledge, skills and attributes required to perform their roles effectively.  The percentage of the respondents who provided different choices of given answers for each of the 31 knowledge areas, 20 skills and 21 attributes was identified and discussed. The professional backgrounds of the respondents were also identified to see whether these impact on competency expectations for property professionals. Content analysis was used to analyse written comments collected in the questionnaire.

Findings – The most important categories of knowledge, skill and attribute for Australian property professionals are valuation, effective written communication and practical experience, respectively.  The least important are international real estate, second language and creativity. Knowledge of rural valuation is very important in Australia, although this has not been mentioned in previous studies.  Professional backgrounds have a large influence on Australian property professionals’ views on knowledge requirements, but less so on skills and attributes.

Practical implications – The findings of this paper can be used as guidance for property professionals in their professional development plan. In addition, property course providers can use the research findings of this paper to inform their curriculum development and redesign.

Originality/value – This project is the first to identify the comprehensive competency expectations of property professionals as a whole in Australia. At the same time, it identifies differences in the competency expectations of property professionals who have different professional backgrounds.  Similar types of study have been conducted in the UK, the USA, Hong Kong and New Zealand but not yet in Australia. An understanding of the knowledge, skills and attributes required for property professionals is important for continuing professional development, curriculum development and the redesign of relevant property courses in order to maintain performance and competitiveness in the property sector.

A tale of two expropriations: Newcrestia and Agrizania

A comparison will be made between the decision of the High Court of Australia in Newcrest Mining (WA) Ltd v The Commonwealth1 (“Newcrest”) and the decisions of the South African Courts in the Agri South Africa line of cases.2 Although the mineral law systems of the two countries differ insofar as historical development and content,3 the simplified facts of the Newcrest and Agri SA decisions and principles of expropriation law are similar enough to draw an interesting comparison between the respective cases. Both cases dealt with the issue of whether the mineral rights/mining rights of private holders were expropriated by legislation which prohibited mining in one way or another. A comparison between the cases shows the approaches towards the issues and what exactly constitutes deprivation and/or acquisition of property for purposes of expropriation and whether deprivation and/or acquisition actually took place.The differences between the mineral law systems of Australia and South Africa (before the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter “MPRDA”)) and the protection afforded against the resumption/expropriation of mineral rights or mining rights will be set as background information for a better understanding of the respective decisions. The facts of the two cases will first be set out and simplified for comparative purposes before the respective decisions are discussed. At the end, a comparison will be made between the decisions and a conclusion reached about the similarity of principles and the correctness of the respective decisions.

Freedom of choice of occupation and academic freedom in Hong Kong

This chapter discusses two unrelated topics which are successively provided for in the Basic Law of the Hong Kong Administrative Region (HKSAR). These are the right of Hong Kong residents to a freedom of choice of occupations (art..33) and the right to academic freedom of Hong Kong's academic institutions and by implication of their academics (art.34). The first section of this chapter will focus on art.33, while the second section will focus on art.34.

Aspectos polêmicos da arbitragem: as tutelas de urgência no âmbito do procedimento arbitral

Através do presente trabalho, buscar-se-á discorrer sobre o cabimento das tutelas de urgências na esfera do procedimento arbitral, englobando a possibilidade de decretação e execução das medidas urgentes pelo árbitro – seja previamente ou no curso da arbitragem –, a partir da análise dos dispositivos da Lei de Arbitragem (Lei nº 9.307/1996), bem como da doutrina nacional dominante sobre o tema. Tal estudo faz-se relevante na medida em que o processo arbitral vem sendo amplamente utilizado por particulares como meio eficaz de solução de litígios relativos a direitos patrimoniais disponíveis. Todavia, mesmo sendo dotada de maior celeridade do que o provimento judicial, nem sempre a arbitragem conseguirá tutelar o direito material alegado pelas partes até que seja proferida a decisão final de mérito. Assim, em algumas situações, nas quais haja fundado receio de dano irreparável à parte, as medidas de urgência são imprescindíveis a fim de assegurar o direito pleiteado, tornando possível a prolação de uma sentença justa e revestida de utilidade prática. Neste contexto, entende-se o árbitro é dotado de poder jurisdicional para conceder medidas cautelares e antecipatórias que se façam necessárias, ainda que tal poder não esteja expressamente delimitado na convenção de arbitragem. Para efetivá-las, no entanto, precisará recorrer ao Poder Judiciário (monopolizador do poder de coerção) para dar cumprimento às medidas decretadas pelo árbitro, sempre que a parte em face da qual a medida for decretada se recusar a cumprir a determinação arbitral espontaneamente.

Expropriações normativas

Esta dissertação busca investigar as consequências jurídicas das expropriações normativas. Trata-se de um ato regulatório, genérico e abstrato, que subtrai ou minimiza o direito de propriedade, do qual não decorre a transferência formal do domínio para Poder Público. A problemática tem lugar na medida em que essa ablação normativa é levada a efeito, sem o estabelecimento do devido processo legal expropriatório (previsto no art. 5º, inciso XXXIV, da Constituição da República – CRFB), o qual impõe o pagamento de uma prévia e justa indenização ao expropriado. Para este fim, será investigado se os institutos por meio dos quais o Estado intervém na propriedade privada (desapropriação, limitação administrativa, ocupação temporária, requisição administrativa, tombamento) dão conta desse fenômeno, ou se se trata de uma falha da regulação, que produz consequências jurídicas. Ao final, será apresentada uma proposta, de lege ferenda, de disciplina desse fenômeno

Plano setorial: a construção de estratégias para implementação do plano diretor de Natal

The Sectoral Plan was inserted as an urban instrument in Master Plan of Natal (LC82/07), since then it has been deepened. It is guided to the equitable distribution of the benefits of urbanization, aimed the efetivation of the Right to the City and the Environmental function of property in the context of urban planning. Thereby, the Sectoral Plan was inserted into the perspective of promoting a favorable field for applying articulated of instruments defined in the Master Plan, and them with urban interventions, through the deepening of macrozoning - coming out of dimension of the city and going to a small fraction of the urban by reducing scaling - facilitating democratic management in accordance with the City Statute. However, the absence of regulation and the conceptual and operational fragility of the instrument, approached it of other existent experiences and instruments, limiting its application and evaluation. Considering the innovative nature of the instrument and the intense social participation, we inquire about conceptual and operational elements which could give greater effectiveness to Sector Plan in construction? Guided by that question, this dissertation aim to understand the nature and operational procedures of Sectoral Plan, seeking to do indications about the conceptual and operational aspects of implementing a Sector Plan. The neighborhood of Ponta Negra was selected as empirical universe because it was the first sector defined in the Master Plan. This research adopts reference authors who´s make reflection and insights about the matrix of Urban Reform, whose principles constitute the basis of the trajectory of revision of urban planning in Brazil since the 1980s, highlighting Raquel Rolnik, Nelson Saule Júnior and Orlando Alves dos Santos Júnior. For the local monitoring, we use the authors Alexsandro Ferreira Cardoso Silva, Rosa Maria Pinheiro Oliveira e Marise Costa da Souza Duarte, in order to understand the growth dynamics of Natal, lawfully and urbanistically

A Servidão Administrativa e o Estado Regulador: Compatibilidade com o Princípio Constitucional da Legalidade e a Limitação ao Direito Real de Propriedade

The economic changes occurred in the 90s, with the restructuring and privatization of various sectors of the economy have led to a redefinition of the State role, assuming a position of regulator and supervisor of public services in place to direct its role as straight intervenor. It is through the regulatory agencies, autarchies with special legal personality under public law, that the Regulator State will act. In this context, the first objective of this research is to analyze the legality of easements imposed by entities of the Direct Administration and Regulatory Agencies, whose execution is delegated to legal persons of private law, being those public service companies or mixed-economy societies. This examination in question the limits of servitude as a restrictive institute of property rights, observing the principles of function, supremacy of the public interests over the private ones, legality and the separation of powers. Defend the property rights like a fundamental right and your insurance as determining factor of economic development and social justice. Use the procedure in use will be the historiccomparative procedure, in order to demonstrate the legality of the public act as a maximum attempt to preserve the balance between the expansion of public services in various sectors of the economy, and the preservation of property rights, through regulation

Short report: Application of an alternative Aedes species (Diptera : Culicidae) surveillance method in Botucatu City, São Paulo, Brazil

One of the main problems with dengue is the control of Aedes aegypti, its major vector. In Brazil, the current control program for Ae. aegypti and Aedes albopictus populations includes larval density surveys. An interesting alternative is the use of a distinct index, the Premise Condition Index (PCI). This tool relates conditions of property, such as houses and yards, and the degree of shade with the occurrence of Aedes sp. oviposition, and is calculated as scores from 3 to 9. The lowest score indicates property in good condition and an unfavorable breeding environment, while the highest score indicates property at high risk for infestation by Aedes sp. The present study is based on the application of the PCI in an urban area of Botucatu, Brazil to confirm its effectiveness.

Effects of lithium and myoinositol on the rat bisected vas deferens

1. The effects of lithium (Li+) on the concentration-response curves (CRC) to norepinephrine (NE) and acetylcholine (Ach) on the bisected rat vas deferens (RVD) were investigated, as well as its action on the neuronal uptake of [H-3] NE.2. Li+ did not affect the 50% effective concentration (EC(50)) of NE and Ach in the epididymal (EP) portion of the RVD.3. Li+ caused a significant increase of the EC(50) to NE and Ach in the prostatic (PP) portion of the RVD. This shift to the right of the CRC to NE was prevented by the presence of myoinositol.4. Incubation of the PP of the RVD with Li+, increased the neuronal uptake of NE. The simultaneous incubation with myoinositol prevented this increase.5. After the pre-treatment of the rats with 6-hydroxydopamine (6-OHDA), or in the presence of cocaine, Li+ failed to desensitize the PP of the RVD to NE.6. These results suggest that the effect of Li+ on the PP of the RVD occurs mainly at the pre-synaptic level and may be related to the increase of neuronal uptake and to the interference of Li+ on phosphatidylinositol hydrolysis.

Changes in sensitivity of the isolated guinea-pig vas deferens induced by a lyophilized Phoradendron latifolium leaf infusion

The effect of a lyophilized mistletoe infusion (LMI) was studied on isolated guinea-pig vas deferens. LMI caused a contraction which was partially blocked by phentolamine but not by atropine. LMI caused a shift to the left of the norepinephrine concentration-effect curve (CEC), an effect which appeared to be blocked by atropine and was absent in animals previously treated with reserpine and α-methyl-para-tyrosine. The increase of the norepinephrine maximal response induced by LMI was not blocked by atropine or pharmacological denervation. LMI caused a shift to the right of the acetylcholine CEC and had no effect on the acetylcholine maximal response. These results suggest that the effects seem to be due mainly to the presence of potassium ion in the LMI; however, the participation of muscarinic agonist(s) of reduced intrinsic activity or some tyramine-like substance could not be ruled out.

Renal effects of angiotensin II receptor subtype 1 and 2-selective ligands injected into the paraventricular nucleus of conscious rats

We determined the effects of losartan and CGP42112A (selective ligands of the AT1 and AT2 angiotensin receptors, respectively) and salarasin (a relatively nonselective angiotensin receptor antagonist) on urinary volume and urinary sodium and potassium excretion induced by administration of angiotensin II (ANG II) into the paraventricular nucleus (PVN) of conscious rats. Both the AT1 and AT2 ligands and salarasin administered in the presence of ANG II elicited a concentration-dependent inhibition of urine excretion, but losartan inhibited only 75% of this response. The IC50 for salarasin, CGP42112A, and losartan was 0.01, 0.05, and 6 nM, respectively. Previous treatment with saralasin, CGP42112A and losartan competitively antagonized the natriuretic responses to PVN administration of ANG II, and the IC50 values were 0.09, 0.48, and 10 nM, respectively. The maximum response to losartan was 65% of that obtained with saralasin. Pretreatment with saralasin, losartan, and CGP42112A injected into the PVN caused shifts to the right of the concentration-response curves, but the losartan concentrations were disproportionately greater compared with salarasin or CGP42112A. The IC50 values were 0.06, 0.5, and 7.0 for salarasin, CGP42112A, and losartan, respectively. These results suggest that both AT1 and AT2 receptor subtypes in the PVN are involved in ANG II-related urine, sodium, and potassium excretion, and that the inhibitory responses to AT2 blockade are predominant. Copyright (C) 1999 Elsevier Science B.V.

The contribution of biofuels to the sustainability of development in Latin America and the Caribbean

Includes bibliography