995 resultados para Statutory interpretation


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The output of a differential scanning fluorimetry (DSF) assay is a series of melt curves, which need to be interpreted to get value from the assay. An application that translates raw thermal melt curve data into more easily assimilated knowledge is described. This program, called “Meltdown,” conducts four main activities—control checks, curve normalization, outlier rejection, and melt temperature (Tm) estimation—and performs optimally in the presence of triplicate (or higher) sample data. The final output is a report that summarizes the results of a DSF experiment. The goal of Meltdown is not to replace human analysis of the raw fluorescence data but to provide a meaningful and comprehensive interpretation of the data to make this useful experimental technique accessible to inexperienced users, as well as providing a starting point for detailed analyses by more experienced users.

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Section 180 of the Property Law Act 1974 (Qld) makes provision for an applicant to seek a statutory right of user over a neighbour’s property where such right of use is reasonably necessary in the interests of effective use in any reasonable manner of the dominant land. A key issue in an application under s 180 is compensation. Unfortunately, while s 180 expressly contemplates that an order for compensation will include provision for payment of compensation to the owner of servient land there are certain issues that are less clear. One of these is the basis for determination of the amount of compensation. In this regard, s 180(4)(a) provides that, in making an order for a statutory right of user, the court: (a) shall, except in special circumstances, include provision for payment by the applicant to such person or persons as may be specified in the order of such amount by way of compensation or consideration as in the circumstances appears to the court to be just The operation of this statutory provision was considered by de Jersey CJ (as he then was) in Peulen v Agius [2015] QSC 137.

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A continuum for describing the degree to which teachers interpret the various features of a curriculum is presented. The continuum has been developed based upon the observation of classroom practices and discussions with a group of teachers who are using an innovative junior secondary mathematics curriculum. It is anticipated that the ongoing use of the continuum will lead to its improvement as well as the refinement of the curriculum, more focussed support for the teachers,improved student learning, and the building of explanatory theory regarding mathematics teaching and learning.

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Article 38(1) of the Statute of International Court of Justice (hereinafter ICJ) is today generally seen as a direction to the significant sources of international law, which the world court must consider in resolving disputes; however, the list is not exhaustive nor encompasses all the formal and material sources of the international legal system. Article 38 of the Statute of ICJ was written ninety years ago in a different world, a question is under debate in many states, whether or not sources mentioned in Article 38 of the statute are compatible with needs of 21st century ? In recent decade, many new actors come on the stage which have transformed international law and now it is not only governs relations among states but also covers many International Organizations. Article 38(2) does refer to the other possible sources but does not define them. Moreover, law is a set of rules that citizens must follow to regulate peace and order in society. These laws are binding on both the individual and the state on a domestic and international level. Do states regard this particular rule as a rule of international law? The modern legal system of states is in the form of a specified and well organized set of rules, regulating affairs of different organs of a state. States also need a body of rules for their intercourse with each other. These sets of rules among states are called “International Law.” This article examines international law, its foundation and sources. It considers whether international conventions and treaties can be the only way states can considerably create international law, or there is a need for clarity about the sources of international law. Article is divided into two parts, the first one deals with sources of international law discussed in Article 38 of the statute of International Court of Justice whereas the second one discusses the material and formal sources of law, which still need reorganization as sources of law.

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Context Increasing client awareness of valuer's duty of care - Webb Resolutions Ltd v E.Surv Ltd [2012] - Provident Capital Limited v John Virtue Pty Ltd (No 2) [2012] - Including disciplinary actions: Valuers Registration Board of Qld v Conroy [2013] QCAT 688 combined with Post-GFC ‘drops’ in value!

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This study focuses on two philosophical issues related to the interpretation of art. Firstly, it considers the role of authorial intentions in interpretation. Secondly, the study raises the issue of relativism in interpretation through a discussion of the relativistic tendencies apparent in the views of three major figures of contemporary philosophy: Joseph Margolis, Hans-Georg Gadamer, and Richard Rorty. The major goal of the thesis is to develop a theory of interpretation supporting the role of authorial intentions in interpretation on the basis of Donald Davidson s late philosophy of language and the holistic account of interpretation that underlies different parts of his philosophy. It is my belief that an intentionalist view of interpretation built on Davidsonian elements manages to form the most convincing defense of that interpretive position against the skepticism present in the views of Margolis, Gadamer, and Rorty. The theoretical issues addressed in the thesis are illuminated by discussions of case-examples, most importantly Richard Wagner s The Valkyrie, Thomas Adés America: A Prophecy, and some symphonies by Dimitri Shostakovich. In chapter one, I present a critical discussion of Margolis robust relativism. While finding Margolis criticism of the self-refutive argument plausible, I, nevertheless, argue that the relativistic logic Margolis offers should not be favored in interpretation. The first parts of chapter two outline Davidsonian intentionalism by presenting a reading of Davidson s later work in philosophy of language and mind, and by indicating its relationship to Davidson s views of literature. Then, I shall compare Davidson s ideas with some recent modest forms of intentionalism found in analytic aesthetics, and argue that Davidsonian intentionalism is in many respects more satisfactory compared to them. Chapter three engages Gadamer s hermeneutics by defending E.D. Hirsch s criticism of Gadamer. Uncovering the shortcomings in the replies of Gadamer s followers to Hirsch s criticism serves as a basis for the defense of intentionalism in interpretation carried out in the chapter. That defense is then extended with a discussion of some recent hermeneutic readings of Davidson s views. Chapter four deals with the standing of intentionalism through Rorty s pragmatist approach to literature. By indicating the position of pragmatist notions of aesthetic experience and imagination in Davidsonian intentionalism, it is shown that an intentionalist approach need not be as impoverished with regard to the value Rorty attributes to literature as he assumes. The concluding chapter outlines some ways in which one can be a pluralist with regard to art and interpretation without falling into relativism.

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In the wake of the GFC and with ever increasing consumer-protection-related laws, clients are more aware of their rights and your obligations as a professional valuer. They also are more likely to take legal action if, as a result of their reliance on a valuation, they suffer a financial loss. In some Australian jurisdictions, in response to a claim of negligence, the professional valuer may be able to raise a professional practice defence under civil liability legislation. This article considers the nature of this statutory defence, what is required to rely upon it and in which jurisdictions it applies.

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Whilst the topic of soil salinity has received a substantive research effort over the years, the accurate measurement and interpretation of salinity tolerance data remain problematic. The tolerance of four perennial grass species (non-halophytes) to sodium chloride (NaCl) dominated salinity was determined in a free-flowing sand culture system. Although the salinity tolerance of non-halophytes is often represented by the threshold salinity model (bent-stick model), none of the species in the current study displayed any observable salinity threshold. Further, the observed yield decrease was not linear as suggested by the model. On re-examination of earlier datasets, we conclude that the threshold salinity model does not adequately describe the physiological processes limiting growth of non-halophytes in saline soils. Therefore, the use of the threshold salinity model is not recommended for non-halophytes, but rather, a model which more accurately reflects the physiological response observed in these saline soils, such as an exponential regression curve.

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The standard land contracts in Queensland require a seller of land to disclose to a buyer not only registered encumbrances, but also statutory encumbrances affecting the land. Whether a statute creates a statutory encumbrance over the title to the property is therefore a key question for a seller when completing a contract. This article examines relevant case law and provides some guidelines for when a statute creates a statutory encumbrance that should be disclosed to a buyer as a defect in title.

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A correlation has been established between the heat of depolymerization (DeltaH) of vinyl polymers for going from solid polymer state to gaseous monomer state and the activation energy (E) of degradation. On this basis it has been shown that the rate controlling step in the degradation lies in the initiation step. Attempt has been made to correlate theE and DeltaH with glass transition temperature (Tg) and melting temperature (Tm) of the polymers.[/ p]

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ssSNPer is a novel user-friendly web interface that provides easy determination of the number and location of untested HapMap SNPs, in the region surrounding a tested HapMap SNP, which are statistically similar and would thus produce comparable and perhaps more significant association results. Identification of ssSNPs can have crucial implications for the interpretation of the initial association results and the design of follow-up studies. AVAILABILITY: http://fraser.qimr.edu.au/general/daleN/ssSNPer/

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The Inönü-Wigner contractions which interrelate the Lie algebras of the isometry groups of metric spaces are discussed with reference to deformations of the absolutes of the spaces. A general formula is derived for the Lie algebra commutation relations of the isometry group for anyN-dimensional metric space. These ideas are illustrated by a discussion of important particular cases, which interrelate the four-dimensional de Sitter, Poincaré, and Galilean groups.

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Explaining the survival and failure of firms is an important issue for researchers and managers of firms in society. Ecological approaches to the study of firms have existed for over 100 years, and have been increasingly popular during the past 40 years, especially since the pioneering works of Hannan and Freeman on one hand, and Aldrich on the other. This paper, in keeping with recent developments elsewhere in mainstream ecology outlines and positions the theoretical and philosophical foundations of an alternative ecological approach, autecology, that has not yet been formulated for the study of firms. The autecological approach affords the individual firm more autonomy in creating its own future evolutionary trajectory. The idea of an ecological complex is developed to provide clear focus on what is central to the application of autecology to the study of firms. The paper also considers several emergent research opportunities that highlight the potential value of employing an autecological approach to the study of firms.