Guest Editorial: Emerging Scholars' Section

This issue of the QUT Law Review features an Emerging Scholars’ section containing contributions from early career researchers and doctoral students. This section was conceived by the previous General Editor of the journal, Prof Dan Hunter, as a forum to showcase high-quality legal scholarship from emerging scholars. We are grateful to Prof Hunter for his work on this initiative.

Guest Editorial: Emerging Scholars' Section

This issue of the QUT Law Review also features an Emerging Scholars’ section containing contributions from early career researchers and doctoral students. This section was conceived by the previous General Editor of the journal, Prof Dan Hunter, as a forum to showcase high-quality legal scholarship from emerging scholars. We are grateful to Prof Hunter for his work on this initiative.

Moments of flux in intermediary liability for copyright infringement

This chapter provides an overview of a recent shift in regulatory strategies to address copyright infringement toward enlisting the assistance of general purpose Internet Service Providers. In Australia, the High Court held in 2012 that iiNet, a general purpose ISP, had no legal duty to police what its subscribers did with their internet connections. We provide an overview of three recent developments in Australian copyright law since that decision that demonstrate an emerging shift in the way that obligations are imposed on ISPs to govern the actions of their users without relying on secondary liability. The first is a new privately negotiated industry code that introduces a 'graduated response' system that requires ISPs to pass on warnings to subscribers who receive allegations of infringement. The second involves a recent series of Federal Court cases where rightsholders made a partially successful application to require ISPs to hand over the identifying details of subscribers whose households are alleged to have infringed copyright. The third is a new legislative scheme that will require ISPs to block access to foreign websites that 'facilitate' infringement. We argue that these shifts represent a greater sophistication in approaches to enrolling general purpose intermediaries in the regulatory project. We also suggest that these shifts represent a potentially disturbing trend towards enforcement of copyright law in a way that does not provide strong safeguards for the legitimate constitutional due process interests of users. We conclude with a call for greater attention and research to better understand how intermediaries make decisions when governing the conduct of users, how those decisions may be influenced by both state and non-state actors, and how the rights of individuals to due process can be adequately protected.

The influence of pre-processing on the estimation of readability of web documents

This paper investigates the effect that text pre-processing approaches have on the estimation of the readability of web pages. Readability has been highlighted as an important aspect of web search result personalisation in previous work. The most widely used text readability measures rely on surface level characteristics of text, such as the length of words and sentences. We demonstrate that different tools for extracting text from web pages lead to very different estimations of readability. This has an important implication for search engines because search result personalisation strategies that consider users reading ability may fail if incorrect text readability estimations are computed.

Fruit traits of vertebrate-dispersed alien plants: smaller seeds and more pulp sugar than indigenous species

Vertebrates play a major role in dispersing seeds of fleshy-fruited alien plants. However, we know little of how the traits of alien fleshy fruits compare with indigenous fleshy fruits, and how these differences might contribute to invasion success. In this study, we characterised up to 38 fruit morphology, pulp nutrient and phenology traits of an assemblage of 34 vertebrate-dispersed alien species in south-eastern Queensland, Australia. Most alien fruits were small (81%\15 mm in mean width), and had watery fruit pulps that were high in sugars and low in nitrogen and lipids. When compared to indigenous species, alien fruits had significantly smaller seeds. Further, alien fruit pulps contained more sugar and more variable (and probably greater) nitrogen per pulp wet weight, and species tended to have longer fruiting seasons than indigenous species. Our analyses suggest that fruit traits could be important in determining invasiveness and could be used to improve pre- and post-border weed risk assessment.

Quantifying surfactant interaction effects on soil moisture and turf quality

Soil water repellency occurs widely in horticultural and agricultural soils when very dry. The gradual accumulation and breakdown of surface organic matter over time produces wax-like organic acids, which coat soil particles preventing uniform entry of water into the soil. Water repellency is usually managed by regular surfactant applications. Surfactants, literally, are surface active agents (SURFace ACTive AgeNTS). Their mode of action is to reduce the surface tension of water, allowing it to penetrate and wet the soil more easily and completely. This practice improves water use efficiency (by requiring less water to wet the soil and by capturing rainfall and irrigation more effectively and rapidly). It also reduces nutrient losses through run-off erosion or leaching. These nutrients have the potential to pollute the surrounding environment and water courses. This project investigated potential improvements to standard practices (product combination and scheduling) for surfactant use to overcome localised dry spots on water repellent soils and thus improve turf quality and water use efficiency. Weather conditions for the duration of the trial prevented the identification of improved practices in terms of combination and scheduling. However, the findings support previous research that the use of soil surfactants decreased the time for water to infiltrate dry soil samples taken from a previously severely hydrophobic site. Data will be continually collected from this trial site on a private contractual basis, with the hope that improvements to standard practices will be observed during the drier winter months when moisture availability is a limiting factor for turfgrass growth and quality.

Increasing attractiveness of high-end products

An important decision brand managers have to make when positioning their products in a retail setting is to whether price new line extensions at parity or let products vary in the price/quality spectrum. Despite the growing interest in vertical line extension issues, there has been little research investigating how product-line length affects extension favorability. Therefore, this paper investigates the framing effect that a product line price structure has on consumer judgments of vertical extensions and, in particular, of upscale extensions. A basic proposition of this research is that the parent brand price range affects the perceived or psychological distance between extension and parent brand, influencing extension favorability ratings. In two experiments, it is shown that positioning an upscale extension in the context of a wide product-line will lead to higher consistency perceptions between the parent brand and a new upscale extension than an equivalent upscale extension positioned in the context of a narrow parent brand product-line.

Framing as status or benefits? Consumers’ reactions to hierarchical loyalty program communication

Purpose A fundamental aspect of hierarchical loyalty programs is that some consumers get rewards that others do not. Despite the widespread use of such programs, academics have long debated whether these benefits are outweighed by the potential negative impact of the differential treatment of customers. This study extends our understanding, examining the impact of message framing on consumers’ reactions to hierarchical loyalty structures. Design/methodology/approach Three online studies were conducted. Study 1 uses advertisements to manipulate the message frame’s emphasis (benefits vs. status). Study 2 manipulates consumers’ frame of thought by directing their attention to either changes in benefits or status. Finally, Study 3 uses the proposed framework to reconcile contradictory findings from past research. Findings Low-frequency customers who do not expect to qualify for a superior customer tier tend to reject hierarchical programs when thinking about status. In contrast, when these customers think about concrete rewards, loyalty program messages produce no negative reactions. High-frequency customers are positively affected by communication regardless of the type of benefits framed. Research limitations/implications All studies were done online potentially limiting the external validity of the results. Nevertheless, the impact of message framing on perceptions about the loyalty program seems to be quite robust across different studies and manipulations. Practical implications When communicating with low-frequency customers managers should avoid promising status; customers should instead be motivated based on concrete rewards. High-frequency customers are indifferent to alternative emphasis of communication frames. Originality/value Marketing academics have acknowledged the importance of being able to reward top customers without demotivating light and moderate users. Our research is the first to provide a solution to this issue.

Modeling population growth and site specific control of the invasive Lantana camara L. (Verbenaceae) under differing fire regimes

It is at the population level that an invasion either fails or succeeds. Lantana camara L. (Verbenaceae) is a weed of great significance in Queensland Australia and globally but its whole life-history ecology is poorly known. Here we used 3 years of field data across four land use types (farm, hoop pine plantation and two open eucalyptus forests, including one with a triennial fire regime) to parameterise the weed’s vital rates and develop size-structured matrix models. Lantana camara in its re-colonization phase, as observed in the recently cleared hoop pine plantation, was projected to increase more rapidly (annual growth rate, λ = 3.80) than at the other three sites (λ 1.88–2.71). Elasticity analyses indicated that growth contributed more (64.6 %) to λ than fecundity (18.5 %) or survival (15.5 %), while across size groups, the contribution was of the order: juvenile (19–27 %) ≥ seed (17–28 %) ≥ seedling (16–25 %) > small adult (4–26 %) ≥ medium adult (7–20 %) > large adult (0–20 %). From a control perspective it is difficult to determine a single weak point in the life cycle of lantana that might be exploited to reduce growth below a sustaining rate. The triennial fire regime applied did not alter the population elasticity structure nor resulted in local control of the weed. However, simulations showed that, except for the farm population, periodic burning could work within 4–10 years for control of the weed, but fire frequency should increase to at least once every 2 years. For the farm, site-specific control may be achieved by 15 years if the biennial fire frequency is tempered with increased burning intensity.

Aaron Lopez papers, undated, 1752-1794, 1846, 1852, 1953.

Contains approximately 6800 manuscripts arranged chronologically by year for years 1752-1794. Approximately 100 are letters received or written by Lopez, his partner and father-in-law, Jacob Rodriguez Rivera, members of his family and company, and commercial agents pertaining to business activities and sailing orders for the captains of various ships. Several also refer to personal matters and acquaintances, including a series of six letters from Silas Cooke of White Hall (Middletown), R.I., to Aaron Lopez, asking his aid in returning a run-away slave (1776). The great majority of the collection consists of account records, bills of sale, orders, shipping agreements, lists of sailors on the various ships, repair records and cargo invoices. Of particular interest are a receipt for payment of a half-year's subscription to the "tzedakah" of Congregation Nefutzei Israel, Newport (1755) and several documents that reveal Lopez as a supplier of kosher meat and other religious articles to people in various parts of the colonies, Surinam, and Jamaica. Also included in this group are copies of sailing lists, documents pertaining to Lopez's naturalization which shed light upon the status of a Jew applying for citizenship in Massachusetts and a check to Lopez from the United States government for a loan made during the Revolutionary War (1779).

Complete genome sequence and intracellular protein localization of Datura yellow vein nucleorhabdovirus

A limited number of plant rhabdovirus genomes have been fully sequenced, making taxonomic classification, evolutionary analysis and molecular characterization of this virus group difficult. We have for the first time determined the complete genome sequence of 13,188 nucleotides of Datura yellow vein nucleorhabdovirus (DYVV). DYVV genome organization resembles that of its closest relative, Sonchus yellow net virus (SYNV), with six ORFs in antigenomic orientation, separated by highly conserved intergenic regions and flanked by complementary 3′ leader and 5′ trailer sequences. As is typical for nucleorhabdoviruses, all viral proteins, except the glycoprotein, which is targeted to the endoplasmic reticulum, are localized to the nucleus. Nucleocapsid (N) protein, matrix (M) protein and polymerase, as components of nuclear viroplasms during replication, have predicted strong canonical nuclear localization signals, and N and M proteins exclusively localize to the nucleus when transiently expressed as GFP fusions. As in all nucleorhabdoviruses studied so far, N and phosphoprotein P interact when co-expressed, significantly increasing P nuclear localization in the presence of N protein. This research adds to the list of complete genomes of plant-infecting rhabdoviruses, provides molecular tools for further characterization and supports classification of DYVV as a nucleorhabdovirus closely related to but with some distinct differences from SYNV.

Subscription for building the first Mill Street Synagogue

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Application of Moses Calo, Curaçao for the post of hazan at K.K.S.I.

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Opinion of Whitehead Hicks regarding distribution of synagogue seats

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