How does the cookie crumble? legal costs under a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods

A family owned Mexican company, Zapata Hermanos Sucesores, S.A. ("Zapata"), sold approximately US$950,000 worth of cookie tins over a period of four years to the Maurice Lenell Cooky Company ("Lenell"), an American company that produced baked goods. Lenell failed to pay Zapata for the cookie tins so Zapata sought legal advice and instituted legal proceedings against Lenell for breach of contract in the Federal District Court of Illinios. The cookie tin sale contracts were governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Zapata succeeded in its Federal District Court claim and, as part of the Court's order, was awarded US$550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. On appeal to the Federal Appellate Court, however, the award of legal fees was overturned. The parties now find themselves contesting a leave application to appeal to the Supreme Court of the United States of America in a much anticipated debate over who should pay the lawyers.

Looking beyond HRM practices in enhancing employee retention in BPOs: focus on employee–organisation value fit

This paper argues that the effectiveness of HRM practices in tackling employee retention can be enhanced by improving the compatibility between employee and organisational values. We test our hypothesis using structural equation modelling on a sample of 258 employees in business process outsourcing (BPO) firms in the Philippines. The results show that the fit between employee and organisation values positively and partially mediates the effects of HRM practices on employee retention. However, employee–organisation value clash in US-owned BPOs was found to have a negative effect on employee retention. Because employees are less likely to leave when they share similar values as their organisations, HRM practices can be used strategically to improve the employee–organisation value fit to improve retention. The implications of the findings for HR managers of BPOs in developing countries are fully discussed.

Words Between Worlds: Portal Fantasy as Dialogic in Gaiman and Miéville

Step through the looking-glass and where do you go? Inherently, every text exposes the reader to other worlds. However, the fantastic, like no other mode, not only exposes, but explores, explains, and employs other worlds (and how we enter them) to question what is real and unreal, possible and impossible.Using Farah Mendelsohn’s (2008) examination of portal fantasy, this paper argues that when you step into another world you leave something behind and bring something back. This Bakhtinian dialogic will then frame an analysis of Neil Gaiman’s American Gods (2001) and China Miéville’s The City and the City (2009) which explore notions of organic subjectivity, reader expectations, and if gaps actually exist between textual and extra-textual, real and unreal.These atypical, self- reflexive, satirical portal fantasies express how writers position readers (not unlike their protagonists) in alternative conceptual realms, disturbing the everyday, the commonplace realities we often take for granted. As such, both texts and the discursive strategies they use ask: what do we see, or, as may be the case, un-see? Significantly, this paper suggests that, via self-conscious world-building, portal fantasies allow reader and writer the opportunity to inhabit those spaces between textual, ideological, generic, metaphorical, irrational, fantastic worlds.

Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism

Too often, legal and sociopolitical scholars concerned with European policies anddecision-making procedures focus their efforts only on the official essence ofconventional opt-out forms of nonparticipation in the European integration process,such as those established in the Treaty of Lisbon. Yet, far from being just an internalmatter, the independentist instances which informed the Scottish referendum had asignificant impact on delicate issues of EU law, biopolitics, political anthropology,political theology, and foreign policy which deserve to be properly addressed. Thenecessity of conducting such an analysis is self-evident, and mainly related to thepossibility that the Scottish experience may be soon replicated, with different results,in the Italian regions of Venetia, Sardinia, and Lombardy, and in the Spanishcommunity of Catalonia. Delving into this dimension through Schmitt’s politicaldecisionism and adopting a comparative and interdisciplinary approach thattranscends the limits of pure positivistic and analytical lines of inquiry, this paperpresents a country’s choice to leave the EU or stop cooperating with it through thedirect opt-out mechanisms officially regulated in its Treaties, or through indirectforms of secessionism, in terms of an ‘exceptional’ act of sovereign will.

A novel aggregate gene selection method for microarray data classification

This paper introduces a novel method for gene selection based on a modification of analytic hierarchy process (AHP). The modified AHP (MAHP) is able to deal with quantitative factors that are statistics of five individual gene ranking methods: two-sample t-test, entropy test, receiver operating characteristic curve, Wilcoxon test, and signal to noise ratio. The most prominent discriminant genes serve as inputs to a range of classifiers including linear discriminant analysis, k-nearest neighbors, probabilistic neural network, support vector machine, and multilayer perceptron. Gene subsets selected by MAHP are compared with those of four competing approaches: information gain, symmetrical uncertainty, Bhattacharyya distance and ReliefF. Four benchmark microarray datasets: diffuse large B-cell lymphoma, leukemia cancer, prostate and colon are utilized for experiments. As the number of samples in microarray data datasets are limited, the leave one out cross validation strategy is applied rather than the traditional cross validation. Experimental results demonstrate the significant dominance of the proposed MAHP against the competing methods in terms of both accuracy and stability. With a benefit of inexpensive computational cost, MAHP is useful for cancer diagnosis using DNA gene expression profiles in the real clinical practice.

Flocking and feeding in the fiddler crab (UCA tangeri): prey availability as risk-taking behaviour

For a full understanding of prey availability, it is necessary to study risk-taking behaviour of the prey. Fiddler crabs are ideally suited for such a study, as they have to leave their safe burrow to feed on the surface of the intertidal flats during low tide, thereby exposing themselves to avian predators. A study in an intertidal area along the coast of Mauritania showed that small crabs always stayed in the vicinity of their burrow, but large crabs wandered in large flocks (also referred to as droves) to feed on sea-grass beds downshore. Transplanting downshore feeding substrate to the burrowing zone of the small crabs proved that they too preferred to feed on it. Since small crabs can be preyed upon by more species of birds, this suggests that the decision not to leave the burrowing zone might be related to the risk of being fed upon by birds. We calculated predation risk from measurements on the density and feeding activity of the crabs, as well as the feeding density, the intake rate and the size selection of the avian predators. Per hour on the surface, crabs in a flock were more at risk than crabs feeding near their burrow. Thus, though flocking crabs may have benefited from ‘swamping the predator’ by emerging in maximum numbers during some tides only, this did not reduce their risk of predation below that of non-flocking crabs. Furthermore we found that irrespective of activity, large crabs suffered a higher mortality per tide from avian predators than small crabs. This suggests that large crabs could not sufficiently reduce their foraging time to compensate for the increased risk while foraging in a flock, even though they probably experienced better feeding conditions than small crabs staying near their burrow. The greater energy demands of large crabs were reflected in a greater surface area grazed. Thus, with increasing size a fiddler crab has to feed further away from its burrow and so may derive less protection from staying near to it. It seems that growing big does not reduce the risk of predation for fiddler crabs, as it does in many other species with indeterminate growth. As in such species, the most probable advantage of growing big is increased mating success. Ultimately, therefore, prey availability must be understood from the life-history decisions of the prey species.

Fathers with highly demanding partners and offspring in a semidesert environment: energetic aspects of the breeding system of Monteiro's Hornbills (Tockus monteiri) in Namibia

Molting females of Monteiro's Hornbills (Tockus monteiri) seal themselves in nest cavities to breed until chicks are about half grown. To gain insight into the chronology of energy requirements of the Monteiro's Hornbill family unit in relation to this peculiar breeding strategy, we measured a number of ecological, physiological, and environmental variables during the Monteiro's Hornbill's breeding season. Those measurements included rates of energy expenditure of female Monteiro's Hornbills while in the nest cavity, characterizing their thermal environment, timing of egg laying, molt, hatching and fledging of chicks, as well as measuring clutch size and chick growth. Temperatures within the nest box varied between 12 and 39°C and did not affect the female energy expenditure. Female body mass and energy expenditure averaged 319 g and 5 W, respectively, at the start of concealment and decreased by on average 1.1 g day -1 and 0.05 W day -1 during at least the first 30 days of the 52-58 day concealment period. Clutch size varied between 1 and 8 and averaged 4.1 eggs, with eggs averaging only 66% of the mass predicted for a bird of this size. Over the range of chick ages at which the female might leave the nest, the predicted energy requirements for maintenance and tissue growth for a Monteiro's Hornbill chick increase sharply from 1.2 W at age 8 to 3.0 W at age 25. Reduction of the female energy requirement with time, the relatively low growth rate and therewith low energy requirements of Monteiro's Hornbill chicks, and an appropriate timing of the female's exodus from the nest cavity all aid in containing peak energy demands to levels that are sustainable for the food provisioning male.

Identifying consumers who resist looking for information

Entities like advertisers and public service agencies encounter consumers who are
resistant to searching for information. Resistance to information-search is a latent
phenomenon that has received little attention from marketers (Case, 2007; Levy, Webster & Kerin, 1983).This is perhaps due to difficulties associated with finding and identifying those who are resistant to looking; those who don’t search do not leave a detectable mark. These consumers miss out on information that may help them make better consumption decisions. They also remain uninformed about crucial broadcasts like product recalls and warnings (Capon & Lutz, 1979).

Bisexuality in education: erasure, exclusion and the absence of intersectionality

Although many schools and educational systems, from elementary to tertiary level, state that they endorse anti-homophobic policies, pedagogies and programs, there appears to be an absence of education about, and affirmation of, bisexuality and minimal specific attention paid to bi-phobia. Bisexuality appears to be falling into the gap between the binary of heterosexuality and homosexuality that informs anti-homophobic policies, programs, and practices in schools initiatives such as health education, sexuality education, and student welfare. These erasures and exclusions leave bisexual students, family members and educators feeling silenced and invisibilized within school communities. Also absent is attention to intersectionality, or how indigeneity, gender, class, ethnicity, rurality and age interweave with bisexuality. Indeed, as much research has shown, erasure, exclusion, and the absence of intersectionality have been considered major factors in bisexual young people, family members and educators in school communities experiencing worse mental, emotional, sexual and social health than their homosexual or heterosexual counterparts.This book is the first of its kind, providing an international collection of empirical research, theory and critical analysis of existing educational resources relating to bisexuality in education. Each chapter addresses three significant issues in relation to bisexuality and schooling: erasure, exclusion, and the absence of intersectionality. From indigenous to rural schools, from tertiary campuses to elementary schools, from films to picture books as curriculum resources, from educational theory to the health and wellbeing of bisexual students, this book's contributors share their experiences, expertise and ongoing questions.

Cameras and body memory create new blends of performance with visual art practice

I propose that a learnt somatic experience of dance can translate into another discipline such as visual art. In my visual art practice I combine both photography, which is traditionally seen as a still medium, and performance in order to create a new form of embodiment. I have developed two series of art works of prints and video made in response to the Australian landscape. By analyzing my method of movement and photography I will describe how an embodied dance language can result in a material outcome – a series of drawings of light and movement, a body signature made possible through old and new technology. I have activated a performative state while capturing images discovering new ways of using technology reliant upon my knowledge of dance, performance and photography. Making a human size camera to make analogue prints I gained an intuitive knowledge of light – a skill that has become foundational in performance and photography. In response to space and light in the Australian landscape I then built a custom made camera that allows for the longest possible time to capture an image. I move while taking the image and use the camera as if an eye at the end of my arm. In this way I activate dance skills and embodied knowledge of space, timing and light, opening up a radical space for new thinking, making and performing.Furthermore this process engages memory and sentiment embodied through age. Many artists have responded to the unique qualities of the Australian landscape and by using a performative/photographic approach I have engaged with my own body memory. Being brought up in the landscape and training in ballet my body has acquired memories at a cellular level. My method has given memory a voice. In doing these works I have become conscious of how unconscious memories of the space and light in the landscape is a movement vocabulary activated in a way that ‘feels’ like dancing. As an ageing person this experience is profound and the resultant materialisation of the photographs and videos leave a material record of the event. The sentiments evoked through my process bridge the past with the present, the body with the mind, memory with body and space connecting disciplines in a new way.The materialisation of artworks itself continues cross-disciplinary processes using a technique that is a continuum of the performative. Through using technology I release memory of the landscape and pixel by pixel build imagery that relies on and is a part of the performative process. It is a photographic performance dance manifesting as pigment on paper exhibited a gallery context. The exhibition allows a space for the viewer to respond - re-membering the universal the act of moving. The works titled ‘body signatures’ and ‘Fly Rhythm’ become a communicative device in the gallery context.My paper through an analysis of process and methods used in making the two series will talk to several of the subjects listed and reveal a new way of connecting performance and visual art and old and new technologies.

Seven heavens? The character and importance of afterlife belief among contemporary Australians

This article draws on in-depth qualitative interviews with 52 people to examine the meaning and character of afterlife belief among contemporary Australians. It explores the varieties of afterlife belief and considers the impact such beliefs have, particularly in relation to death and dying. The analysis reveals that afterlife belief is varied, individualistic and mainly arrived at with little to no reference to orthodox religious teaching. People variously believe in heaven, reincarnation, life on another planet or something more abstract. Those who follow faithfully a religious tradition are largely ignorant of detailed theological doctrines about life after death and like other kinds of believers, exercise their own authority and judgment over matters of belief.

Fully automatic localization and segmentation of 3D vertebral bodies from CT/MR images via a learning-based method

In this paper, we address the problems of fully automatic localization and segmentation of 3D vertebral bodies from CT/MR images. We propose a learning-based, unified random forest regression and classification framework to tackle these two problems. More specifically, in the first stage, the localization of 3D vertebral bodies is solved with random forest regression where we aggregate the votes from a set of randomly sampled image patches to get a probability map of the center of a target vertebral body in a given image. The resultant probability map is then further regularized by Hidden Markov Model (HMM) to eliminate potential ambiguity caused by the neighboring vertebral bodies. The output from the first stage allows us to define a region of interest (ROI) for the segmentation step, where we use random forest classification to estimate the likelihood of a voxel in the ROI being foreground or background. The estimated likelihood is combined with the prior probability, which is learned from a set of training data, to get the posterior probability of the voxel. The segmentation of the target vertebral body is then done by a binary thresholding of the estimated probability. We evaluated the present approach on two openly available datasets: 1) 3D T2-weighted spine MR images from 23 patients and 2) 3D spine CT images from 10 patients. Taking manual segmentation as the ground truth (each MR image contains at least 7 vertebral bodies from T11 to L5 and each CT image contains 5 vertebral bodies from L1 to L5), we evaluated the present approach with leave-one-out experiments. Specifically, for the T2-weighted MR images, we achieved for localization a mean error of 1.6 mm, and for segmentation a mean Dice metric of 88.7% and a mean surface distance of 1.5 mm, respectively. For the CT images we achieved for localization a mean error of 1.9 mm, and for segmentation a mean Dice metric of 91.0% and a mean surface distance of 0.9 mm, respectively.

How small-scale variation in oyster reef patchiness influences predation on bivalves

As oyster fishing continues to degrade reef habitat along the US Atlantic coast, oyster reefs appear increasingly fragmented on small spatial scales. In outdoor mesocosms, experiments tested how consumption of representatives of 4 different bivalve guilds by each of 3 mesopredators varies between continuous and fine-scale patches of oyster reef habitat. The mesopredator that fed least (stone crab) exhibited no detectable change in consumption on any bivalve (ribbed mussel, bay scallop, hard clam, and 3 size classes of eastern oyster). Consumption of bay scallops by both blue crabs and sheepshead fish was greater in small patches than in continuous oyster reef habitat. Of the bivalve guilds tested, only the scallop possesses swimming motility sufficient to reduce predation, an escape response that would likely leave the bivalve protected within structured habitat in larger continuous oyster reefs. Sheepshead consumed more small oysters in the continuous habitat than in the fine patches, while no other predator-prey interaction exhibited differential feeding as a function of habitat patchiness. Consequently, predation by mesopredators on bivalves can vary with the scale of oyster reef patchiness, but this process may depend upon the bivalve guild. Understanding the role of habitat patchiness on fine scales may be increasingly important in view of the declines in apex predatory sharks leading to mesopredator release, and global climate change directly and indirectly enhancing stone crab abundances, thereby increasing potential predation on bivalves.

Into the mystic - bereaved parents, love and spontaneous creativity

 An inter-subjective and creative exploration of spontaneous creative activities engaged in by parents after the death of a child, this thesis produces new and revealing insights into how bereaved parents respond to their grief through symbolically representing and expressing their love for the child who has died.

Money and Education: How Economic Distribution Corresponds to Academic Success

Urban sprawl is a significant issue in the United States, one effect of which is the departure of the wealth from cities. This study examined the distribution of wealth in Erie County, New York, focused around Buffalo. The question is then raised, why do those with the money leave the city, and to where do they go? While this study does not attempt to explain all of the reasons, it does examine two significant issues: quality of public school education, and proximity to main highways with easy access to the city. Using ArcGIS, I was able to place the public high schools and their relative ranking over a distribution of per capita income. The results of this analysis show that the wealthiest areas are located within the best school districts. Moreover, the areas where the wealth accumulates are directly connected by major highways.