Global rules on conflict-of-laws matters in international insolvency law cases: An Australian perspective

The 2012 Report “Transnational Insolvency: Global Principles for Co-operation in International Insolvency Cases” – commissioned by The American Law Institute in conjunction with The International Insolvency Institute – annexed 23 “Global Rules on Conflict-of-Laws Matters in International Insolvency Cases”. These proposed “Global Rules” are intended to “serve as legislative recommendations” to (inter alia) promote uniformity and greater certainty in the unpredictable area of conflict of laws. This article provides a brief commentary upon the 23 proposed Global Rules from an Australian perspective (comparing the effect and intent of each rule with the current Australian conflict-of-laws position) and offers some conclusions as to the merits of the “Global Rules” initiative.

Spontaneous and episodic volunteers: The legislative, insurance and risk management framework

Baby Boomers are a generation of life long association joiners, but following generations prefer spontaneous and episodic volunteering. This trend is apparent not only during natural disasters, but in most other spheres of volunteering. Legal liability for such volunteers is a growing concern, which unresolved, may dampen civic participation. We critically examine the current treatment of these liabilities through legislation, insurance and risk management.

Reflecting on Reggio: An evaluation of design intent in an early childhood learning environment

Reggio Emilia is an educational philosophy that encourages teachers, students and their parents to collaborate and actively engage with the environment. This study investigates how the Reggio Emilia design approach was translated architecturally for a kindergarten in an Australian context, and provides insights into the operation of this Reggio kindergarten and the impact that it is now having on the occupants. It evaluates the original architectural design intent of the Reggio Emilia early childhood learning environment against its spatial provision. The relationship that the Reggio Emilia approach facilitates between students and the environment, and the contribution that this approach has on their learning, are also explored. Several key themes emerging from the Reggio values were identified in the literature. These were then used to inform an exploration of the kindergarten spaces and places.. Architects, teachers and a sustainability manager of the kindergarten were interviewed with their experiences constituting the primary data of this study. Using a Grounded Theory methodology, systematic data coding and analysis were then conducted. Themes and concepts that emerged from this process include: differing interpretations of the Reggio Emilia philosophy; motivations for neglect of traditional external structures and play equipment; the impact of education for sustainability; and the positive effects that Reggio Emilia is having on the rest of the institution’s development.

Assessing taxpayer response to legislative changes: A case study of ‘in-house’ fringe benefits rules

On 22 October 2012, the Australian Federal Government announced the removal of the $1,000 in-house fringe benefits concession when used as part of a salary packaging arrangement. At the time of the announcement, the Federal Government predicted that the removal of the concession would contribute additional tax revenue of $445 million over the following four years as well as an increase of GST payments to the States and Territories. However, anecdotal evidence at the same time indicated that the Australian employer response was to immediately stop providing employees with such in-house fringe benefits via salary sacrificing arrangements. Data presented in this article, collected from a combination of interviews with tax managers of four Australian entities as well as a review of the published archival data, confirms that the abolition of the $1,000 in-house fringe benefits concession was perceived as a negative change, whereby employees were considered the ‘big losers’ despite assertions by the Federal Government to the contrary. Using a conceptual map of tax rule change developed by Oats and Sadler, this article seeks to understand the reasons for this fringe benefits tax change and taxpayer response. In particular, the economic and political factors, and the responses of the relevant taxpayers (employers) are explored. Drawing on behavioural economic concepts, the actions, attitudes and response of employers to the rule change are also examined. The research findings suggest that the decision by Australian employers to cease providing the in-house fringe benefits as part of a salary-packaging arrangement after the legislative amendment was impacted by more than simple rational behaviour.

Criminal intent

The High Court recently heard submissions of counsel in Zaburoni v The Queen. This case concerns an appeal against conviction for transmitting a serious disease with intent under section 317(b) and (e) of the Queensland Criminal Code. It raises important issues about the meaning of intent and how intent can be proven in Queensland criminal offences. Since intent is an element of so many of the more serious crimes, it is surprising to see that the courts, both in England and Australia, continue to grapple with how best to define it. In murder, for example, the accused is potentially going to be locked up for a very long time, so it is essential that the courts and juries are very clear on what intent actually means, so that they can be confident in correctly finding that it was present on the facts of the case.

Intent Based Clustering of Search Engine Query Log

The keyword based search technique suffers from the problem of synonymic and polysemic queries. Current approaches address only theproblem of synonymic queries in which different queries might have the same information requirement. But the problem of polysemic queries,i.e., same query having different intentions, still remains unaddressed. In this paper, we propose the notion of intent clusters, the members of which will have the same intention. We develop a clustering algorithm that uses the user session information in query logs in addition to query URL entries to identify cluster of queries having the same intention. The proposed approach has been studied through case examples from the actual log data from AOL, and the clustering algorithm is shown to be successful in discerning the user intentions.

SiD Letter of Intent

Letter of intent describing SiD (Silicon Detector) for consideration by the International Linear Collider IDAG panel. This detector concept is founded on the use of silicon detectors for vertexing, tracking, and electromagnetic calorimetry. The detector has been cost-optimized as a general-purpose detector for a 500 GeV electron-positron linear collider.

SiD Letter of Intent

Letter of intent describing SiD (Silicon Detector) for consideration by the International Linear Collider IDAG panel. This detector concept is founded on the use of silicon detectors for vertexing, tracking, and electromagnetic calorimetry. The detector has been cost-optimized as a general-purpose detector for a 500 GeV electron-positron linear collider.

The International Large Detector: Letter of Intent

The International Large Detector (ILD) is a concept for a detector at the International Linear Collider, ILC. The ILC will collide electrons and positrons at energies of initially 500 GeV, upgradeable to 1 TeV. The ILC has an ambitious physics program, which will extend and complement that of the Large Hadron Collider (LHC). A hallmark of physics at the ILC is precision. The clean initial state and the comparatively benign environment of a lepton collider are ideally suited to high precision measurements. To take full advantage of the physics potential of ILC places great demands on the detector performance. The design of ILD is driven by these requirements. Excellent calorimetry and tracking are combined to obtain the best possible overall event reconstruction, including the capability to reconstruct individual particles within jets for particle ow calorimetry. This requires excellent spatial resolution for all detector systems. A highly granular calorimeter system is combined with a central tracker which stresses redundancy and efficiency. In addition, efficient reconstruction of secondary vertices and excellent momentum resolution for charged particles are essential for an ILC detector. The interaction region of the ILC is designed to host two detectors, which can be moved into the beam position with a push-pull scheme. The mechanical design of ILD and the overall integration of subdetectors takes these operational conditions into account.

Scalable multi-dimensional user intent identification using tree structured distributions

The problem of identifying user intent has received considerable attention in recent years, particularly in the context of improving the search experience via query contextualization. Intent can be characterized by multiple dimensions, which are often not observed from query words alone. Accurate identification of Intent from query words remains a challenging problem primarily because it is extremely difficult to discover these dimensions. The problem is often significantly compounded due to lack of representative training sample. We present a generic, extensible framework for learning the multi-dimensional representation of user intent from the query words. The approach models the latent relationships between facets using tree structured distribution which leads to an efficient and convergent algorithm, FastQ, for identifying the multi-faceted intent of users based on just the query words. We also incorporated WordNet to extend the system capabilities to queries which contain words that do not appear in the training data. Empirical results show that FastQ yields accurate identification of intent when compared to a gold standard.

Product aesthetics: representing designer intent and consumer response

This thesis reports on the development of a conceptual framework for product aesthetics. By adopting the theoretical perspective that products are a medium of communication between designers and consumers, the nature of consumer response and designer intent is explored. By integrating a range of disparate literature within a single coherent framework, the varieties of consumer response to product visual form are illustrated. To investigate the ways in which designers intend to evoke these responses, a qualitative research study was undertaken. This primarily involved interviews with industrial designers and consumer investigators. Analysis of these interviews led to the development of a conceptual framework for designer intent which both mirrors, and integrates with, that produced for consumer response. By representing processes beyond design that are influential in determining product form, a broader contextual framework is presented within which product aesthetics is situated. In concluding the thesis, applications for this framework are discussed and future research directions are proposed.

Analysis of the legislative framework in the Brazilian policymaking process

Analisa os aspectos da estrutura política brasileira que contribuem para falhas nos processos decisórios e ineficácia nos resultados finais de políticas de governo, com ênfase nos problemas institucionais do poder legislativo. Aborda os seguintes tópicos: fragmentação do sistema partidário, infidelidade partidária, modelo de federalismo, preenchimento de cargos públicos, larga utilização de medidas provisórias, disfunções do processo legislativo.

Group size and decision rules in legislative bargaining

We conduct experiments to investigate the effects of different majority requirements on bargaining outcomes in small and large groups. In particular, we use a Baron-Ferejohn protocol and investigate the effects of decision rules on delay (number of bargaining rounds needed to reach agreement) and measures of "fairness" (inclusiveness of coalitions, equality of the distribution within a coalition). We find that larger groups and unanimity rule are associated with significantly larger decision making costs in the sense that first round proposals more often fail, leading to more costly delay. The higher rate of failure under unanimity rule and in large groups is a combination of three facts: (1) in these conditions, a larger number of individuals must agree, (2) an important fraction of individuals reject offers below the equal share, and (3) proposers demand more (relative to the equal share) in large groups.