Digital Commons Network^™

Equitable Estoppel: Defining The Detriment - A Rejoinder, Denis S. K Ong

Denis Ong

[extract] In my article, I also suggested that, applying the doctrine of equitable estoppel, the promisor (the inducing party) would be compelled to fulfil his promise because that was the only way to avoid detriment to the promisee (the induced party), notwithstanding that the promised act was disproportionately more valuable than the induced act. I noted that in contract law consideration need not be adequate and I argued, but by way of analogy only, that the promisee’s induced act should likewise not be required to be adequate. My views, as summarised above, have been criticised by Michael G Pratt in …

The Rule In Turquand's Case: Estoppel Without Representation, Denis S. K Ong

Denis Ong

This article endeavours to show that the rule in The Royal British Bank v Turquand is a unique form of estoppel; it has the effect of estoppel by representation, but it does not require a representation to be made by the party estopped - at least this was the original ambit of Turquand. An examination of the rule at common law will be followed by an assessment of the statutory modifications thereof.

Libraries Interact - A Personal View Of Practical 2.0, Peta J. Hopkins

Peta Hopkins

Libraries Interact is a group blog established in 2006 to focus on topics of interest to Australian libraries and their friends. After 18 months the blog is still going strongly with a core membership of librarians spread around Australia who rarely meet in person and over 300 posts on topics covering all library sectors. This paper will look at the practical ways that web 2.0 tools and services are employed by the core group of contributors to Libraries Interact. These include: Google Groups, Peanut Butter wiki, Wordpress, Frappr and others.

Using Electronic Resources To Enhance Teaching And Learning, Wendy Abbott, Peta J. Hopkins

Peta Hopkins

This is a powerpoint presentation from a Teaching and Learning Seminar for Bond University academic staff. The presentation covers the use of electronic resources provided by the Library and how to keep up to date using alerting services by email and rss feeds.

Selecting An Ilms For A Future You Can't Imagine, Joanna P. Richardson Dr., Peta J. Hopkins

Peta Hopkins

The changing nature of the ILMS selection process is examined in light of factors such as user expectations and behaviour, emerging technologies and standards, and the evolution of new business models .The paper focuses on core ILMS functionalities rather than federated searching and other related products. The authors include a brief discussion of the experiences of Bond University Library in reviewing current options in the ILMS marketplace.

Marc Records Services - An Aggregated Assault, Peta J. Hopkins

Peta Hopkins

This paper examines the use of MARC records for electronic journals using the Spydus library system.

El Defensor Protagonista, Javier Revelo-Rebolledo

Javier E Revelo-Rebolledo

No abstract provided.

South Asia: Quota Expiry And Issues In Global Textiles & Clothing Trade, Umair H. Ghori

Umair H. Ghori

No abstract provided.

Juvenile Justice: The Fourth Option, Christopher Slobogin

Christopher Slobogin

De-Fanging Rluipa: Religion And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe

Christopher Serkin

Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply strict scrutiny to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should not give …

Bi-Criteria Single Facility Location Problem With Limited Distances, Ali Shahabi, Amin Vafadar Nikjoo, Mohammad Reza Kazemi

Amin Vafadarnikjoo

This paper deals with a bi-criteria model for locating single new facility on the plane where the effective service distance becomes a constant when the actual distance attains or exceeds a certain value. The criteria that are used in this bi-criteria model are minisum, that minimizes the sum of all the transportation costs and minimax, that minimizes the maximum distances from the new facility to the demand points. By using a mixed integer programming formulation, the model is transformed to an easier form, and then the technique of fuzzy programming has been applied to solve it. A numerical example is …

Applying Fundamental Analysis And Neural Networks In The Australian Stockmarket, Bruce J. Vanstone, Gavin Finnie, Clarence Tan

Bruce Vanstone

This paper demonstrates how Neural Networks may be successfully applied to the problem of security selection in the Australian stockmarket. In practice, it is unrealistic for a trader to apply capital to all securities available in the market, and a selection technique must be employed to reduce the number of securities competing for capital. Selection techniques are generally based on either fundamental analysis procedures, or technical analysis procedures. This paper focuses on fundamental procedures, and implements a neural network which enhances the effectiveness of these procedures.

A Survey Of The Application Of Soft Computing To Investment And Financial Trading, Bruce Vanstone, Clarence Tan

Bruce Vanstone

This paper surveys recent literature in the domain of applying Soft Computing to Investment and Financial Trading. It analyses the literature according to the style of soft computing used, the investment discipline used, the successes demonstrated, and the applicability of the research to real world trading. This papers contribution is to expose the key areas where research is being undertaken, and to attempt to quantify the degree of successes associated with the different research approaches.

Enhancing Security Selection In The Australian Stockmarket Using Fundamental Analysis And Neural Networks, Bruce Vanstone, Gavin Finnie, Clarence Tan

Bruce Vanstone

This paper examines financial trading from the aspect of security selection. In practice, it is unrealistic for a financial trader to participate in the full market of tradeable securities, and a selection mechanism must be employed to reduce the number of possible securities competing for investment capital. Essentially, there are two main methodologies used, namely, Fundamental Analysis, and Technical Analysis. This paper examines the practice of Fundamental Analysis, and demonstrates how neural networks can be practically employed to enhance the fundamentalist selection process.

Demonstration Of 5-Ht3 Receptor Function And Expression In The Mouse Bladder , N Chetty, I Coupar, Russ Chess-Williams, K Kerr

Russ Chess-Williams

Extract: The aim of this study was to demonstrate the presence of 5-HT3 receptors in the mouse bladder and to determine their location.

Bladder Afferent Sensitivity In Wildtype And Trpv1 Knockout Mice, D Daly, W Rong, Russ Chess-Williams, Christopher Chapple, D Grundy

Russ Chess-Williams

Understanding bladder afferent pathways may reveal novel targets for therapy of lower urinary tract disorders such as overactive bladder syndrome and cystitis. Several potential candidate molecules have been postulated as playing a significant role in bladder function. One such candidate is the transient receptor potential vanilloid 1 (TRPV1) ion channel. Mice lacking the TRPV1 channel have altered micturition thresholds suggesting that TRPV1 channels may play a role in the detection of bladder filling. The aim of this study was therefore to investigate the role of TRPV1 receptors in controlling bladder afferent sensitivity in the mouse using pharmacological receptor blockade and …

The Α1a/L-Adrenoceptor Subtype Mediates Contraction Of The Internal Anal Sphincter To Noradrenaline, Russ Chess-Williams, A. Shorthouse, Natasha Hausman

Russ Chess-Williams

Contraction of the internal anal sphincter contributes 50-85% towards resting anal tone. Small clinical trials with phenylephrine suggest that α1-adrenoceptor agonists could be used to increase IAS tone as a treatment for faecal incontinence. However, there are three subtypes of α1-adrenoceptor, namely α1A, α1B and α1D. It is possible that the α1A-subtype may also exist in another form known as the α1L-adrenoceptor which has a low affinity for prazosin. The aim of the present study was to determine the α1-adrenoceptor subtypes present in the IAS, with a view to possibly finding a more specific therapeutic target for the treatment of …

The Role Of The Urothelium In Mediating Bladder Responses To Isoprenaline, Shigetaka Murakami, Christopher Chapple, Hironobu Akino, Donna Sellers, Russ Chess-Williams

Russ Chess-Williams

To investigate whether the responses of the pig bladder to isoprenaline (a nonselective β-adrenoceptor agonist) are influenced by the presence of an intact urothelium and whether any influence might be attributed to the release of nitric oxide (NO), since stimulation of β-adrenoceptors induces a direct relaxation of detrusor smooth muscle and β-adrenoceptors are also present on the urothelium.

Introduction, Laurence Boulle, Bobette Wolski

Bobette Wolski

This issue of the Bond Law Review is devoted to developments in alternative dispute resolution (ADR) in international perspective.

Book Review: The Advocate’S Notebook, By Anthony Young, Bobette Wolski

Bobette Wolski

I have not read The Advocate’s Notebook, by Mr Anthony Young, from cover to cover. It is not the kind of book that one picks up and reads from beginning to end. It is more akin to an encyclopaedia. I have heard of people who read (or claim to read) the entirety of encyclopaedias, but most people I think refer to them only if and when the need arises.

Government Media Relations: A 'Spin' Through The Literature, Mark Pearson, Roger Patching

Roger Patching

Extract: Government media relations is deserving of serious study because it sits at the interface between the executive and journalism, two of the fundamental institutions in a modern democratic society. That line of communication is central crucial if citizens are to be kept informed of the workings of government and the machinations of the political system. The Australian High Court underscored its importance in the 1990s when it introduced an ‘implied constitutional freedom of communication on matters of politics and government’ through a series of decisions (2007, pp. 35-38). It is a communication channel where truth and transparency should be …

Gender Preference In Journalism Education: Why Sport Misses Out, John Cokley, Roger Patching, Paul Scott

Roger Patching

Sports and research into sports journalism features in only a tiny minority of international articles and conference papers at the academic end of the profession. This article looks at sport’s place in the research literature, its importance among journalistic practitioners and their audiences, and theorises that sports research in academic journalism has become an unpopular field for two measurable reasons: (1) gender, and (2) market forces.

Sport Rules - Ok? A Study Of Media Usage In 2005, Roger Patching

Roger Patching

They say there are only two certainties in life – death and taxes. The author suggests you add another for the average Australian: the need to know ‘the latest score’. The author has ‘crunched the numbers’ on the News Value column in The Australian’s media section during 2005 to demonstrate the overwhelming popularity of sports coverage in the Australian media. Of the ‘top five’ stories nominated in the column in the 44 weeks surveyed, 41% involved sports coverage, nearly double the next category. There are also preliminary findings of a study of the first 41 weeks of the surveys for …

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

David S. Bogen

No abstract provided.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

David S. Bogen

No abstract provided.

The World Trade Constitutional Court, Sungjoon Cho

Sungjoon Cho

The World Trade Constitutional Court Sungjoon Cho Abstract Although a court, as a judicial organ, usually fulfils its mission by resolving specific disputes brought to it, it occasionally goes beyond this simple dispute-resolving function and more actively engages in building policies which define, and “constitute,” the very polity to which the court belongs, as was seen in Brown v. Board of Education. If this “constitutional adjudication” is an integral function of any domestic high court, could (and should) an international tribunal, in particular the World Trade Organization (WTO) tribunal, also play such a distinctive role? This paper contends that the …

Existing Uses And The Limits Of Land Use Regulation, Christopher Serkin

Christopher Serkin

This Article identifies the various ways in which property law provides special protection for existing uses, explores the possible justifications for this protection, and argues that none of them support the strong protection that existing uses currently enjoy. Various land use doctrines, from zoning, to the vested rights doctrine, to amortization rules for prior non-conforming uses, all assume that the government cannot eliminate existing uses without paying compensation. The Article asks whether this result is compelled either by constitutional rules or by normative considerations. Neither the Takings Clause nor the Due Process Clause requires this level of protection for existing …

A Rebellious Son? Hugo Odeberg And The Interpretation Of John 5.18, James F. Mcgrath

James F. McGrath

A solution to the difficult question of how to interpret John 5.18 appeared to have been provided with the publication of Hugo Odeberg's monumental work, The Fourth Gospel, published in 1929. Odeberg cited a rabbinic expression which characterized a rebellious son as one who 'makes himself equal with his father, and thus suggested that 'the Jews' are here making a similar accusation: they regard Jesus as rebelling against the divine authority. Subsequent scholarship for a long time cited Odeberg as a definitive demonstration of the background and meaning of John 5.18, and thus of the entire passage.

This Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport, N. Jeremi Duru

N. Jeremi Duru

Sport is a potent unifying force and a potentially powerful tool in bridging societal divides. As such, the increasing frequency of professional athletes leaving their home nations and continents to access employment opportunities abroad portends positively for greater cultural understanding in our global community. This paper argues, however, that in America’s professional sporting context, internationalization of sport plays an additional, unsavory, role – it serves as a means of manipulating leagues’ racial compositions.

Studies conducted during the past twenty years reveal that spectators at professional American sporting contests – a substantial majority of whom are Caucasian – exhibit preferences for …

Real Americans, Real Catholics: Race, Religion And The 2008 Election, Vincent D. Rougeau

Vincent D. Rougeau

No abstract provided.