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The ‘basis rule’ is, in general terms, a rule which restricts expert witnesses to giving opinion evidence in respect of which there is or will be proof, by other admissible evidence, of the facts and assumptions upon which the opinion is based. There has been no clear consensus as to whether the basis rule exists either at common law or under the Uniform Evidence Legislation, or whether the rule goes to admissibility or weight. This article examines the jurisprudence, with a particular focus on the recent High Court decision of Dasreef Pty Ltd v Hawchar. The authors argue that the controversy surrounding the basis rule has been the result of a misunderstanding and misconstruction of the rule. They argue that the conflict may be resolved by understanding the basis rule as simply a rearticulation, in the specific context of expert evidence, of the requirement that evidence must be relevant to be admissible. The weight of that expert evidence remains to be determined in accordance with ordinary principles.
The digital revolution has transformed the dissemination of messages and the construction of public debate. This article examines the disintermediation and fragmentation of the public sphere by digital platforms. Disinformation campaigns, that aim at assuming the power of determining a truth alternative to reality, highlight the need to enhance the traditional view of freedom of expression as negative freedom with an institutional perspective. The paper argues that freedom of expression should be seen as an institution of freedom, an organizational space leading to a normative theory of public discourse. This theory legitimizes democratic systems and requires proactive regulation to enforce its values.
Viewing freedom of expression as an institution changes the role of public power: this should not be limited to abstention but instead has a positive obligation to regulate the spaces where communicative interactions occur. The article discusses how this regulatory need led to the European adoption of the Digital Services Act (DSA) to correct DPs through procedural constraints. Despite some criticisms, the DSA establishes a foundation for a transnational European public discourse aligned with the Charter of Fundamental Rights and member states’ constitutional traditions.
Cross-linguistic interactions are the hallmark of bilingual development. Theoretical perspectives highlight the key role of cross-linguistic distances and language structure in literacy development. Despite the strong theoretical assumptions, the impact of such bilingualism factors in heritage-language speakers remains elusive given high variability in children's heritage-language experiences. A longitudinal inquiry of heritage-language learners of structurally distinct languages – Spanish–English and Chinese–English bilinguals (N = 181, Mage = 7.57, measured 1.5 years apart) aimed to fill this gap. Spanish–English bilinguals showed stronger associations between morphological awareness skills across their two languages, across time, likely reflecting cross-linguistic similarities in vocabulary and lexical morphology between Spanish and English. Chinese–English bilinguals, however, showed stronger associations between morphological and word reading skills in English, likely reflecting the critical role of morphology in spoken and written Chinese word structure. The findings inform theories of literacy by uncovering the mechanisms by which bilingualism factors influence child literacy development.
Sucrose yield in sugarcane is a complex process regulated by both environmental and endogenous factors. However, the metabolic balance driving vegetative growth and sucrose accumulation remains poorly understood. Herein, we carried out a comprehensive assessment of carbohydrate dynamics throughout the crop cycle in two sugarcane varieties varying in biomass production, evaluating the carbon metabolism in both leaves and stalks. Our data revealed that the decline in photosynthetic rates during sugarcane maturation is associated not only to accumulation of sugars in leaves but also due to stomatal and non-stomatal limitations. We found that metabolic processes in leaves and stalks were intrinsically linked. While IACSP94-2094 had higher stalk sucrose concentration than IACSP95-5000, this latter produced more biomass. Compared to IACSP95-5000, IACSP94-2094 showed higher sucrose phosphate synthase (SPS) activity in leaves and stalks, along with lower soluble acid invertase (SAI) activity in leaves during the maximum growth stage. Interestingly, IACSP94-2094 also exhibited higher stalk SPS activity and lower stalk SAI activity than IACSP95-5000 during maturation. High biomass production by IACSP95-5000 was associated with higher sucrose synthase (SuSy) and SAI activity in leaves and higher SuSy and soluble neutral invertase (SNI) activity in stalks when compared to IACSP94-2094 during the maximum growth. Despite the contrasting strategies, both varieties displayed similar total sucrose yield, a balance between sucrose concentration and biomass production. This phenomenon implies the presence of a compensatory mechanism in sugarcane, with high biomass production compensating low sucrose accumulation and vice versa.
Neurolaw is an area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. This Element addresses the potential contributions of neuroscience, and the brain sciences more generally, to criminal justice decision-making and policy. It distinguishes between three different areas and domains of investigation in neurolaw: assessment, intervention, and revision. The first concerns brain-based assessments, which may be used for predicting future violence, lie detection, judging legal insanity, and the like. The second concerns potential treatments and other interventions that aim at rehabilitating criminals and/or preventing crime before it occurs. The third investigates the ways that neuroscience may impact the law by changing or revising commonsense views about human nature and the causes of human action.
We report an uncommon case report of total anomalous pulmonary venous returns into the right atrium at the base of the superior caval vein’s ostium without a sinus venosus defect, in situs solitus, without vertical vein or a posterior pulmonary venous confluence.
Electroconvulsive therapy (ECT) is one of the most studied and validated available treatments for severe or treatment-resistant depression. However, little is known about the neural mechanisms underlying ECT. This systematic review aims to critically review all structural magnetic resonance imaging studies investigating longitudinal cortical thickness (CT) changes after ECT in patients with unipolar or bipolar depression.
Methods:
We performed a search on PubMed, Medline, and Embase to identify all available studies published before April 20, 2023. A total of 10 studies were included.
Results:
The investigations showed widespread increases in CT after ECT in depressed patients, involving mainly the temporal, insular, and frontal regions. In five studies, CT increases in a non-overlapping set of brain areas correlated with the clinical efficacy of ECT. The small sample size, heterogeneity in terms of populations, comorbidities, and ECT protocols, and the lack of a control group in some investigations limit the generalisability of the results.
Conclusions:
Our findings support the idea that ECT can increase CT in patients with unipolar and bipolar depression. It remains unclear whether these changes are related to the clinical response. Future larger studies with longer follow-up are warranted to thoroughly address the potential role of CT as a biomarker of clinical response after ECT.
Answer set programming (ASP) is a popular declarative programming language for solving hard combinatorial problems. Although ASP has gained widespread acceptance in academic and industrial contexts, there are certain user groups who may find it more advantageous to employ a higher-level language that closely resembles natural language when specifying ASP programs. In this paper, we propose a novel tool, called CNL2ASP, for translating English sentences expressed in a controlled natural language (CNL) form into ASP. In particular, we first provide a definition of the type of sentences allowed by our CNL and their translation as ASP rules and then exemplify the usage of the CNL for the specification of both synthetic and real-world combinatorial problems. Finally, we report the results of an experimental analysis conducted on the real-world problems to compare the performance of automatically generated encodings with the ones written by ASP practitioners, showing that our tool can obtain satisfactory performance on these benchmarks.
This article focuses on the shift toward post-revolutionary politics supported by reform-minded aristocratic clans and their bourgeois allies. Using the example of the Balbo family – one of the leading aristocratic families in Sardinia-Piedmont – I will argue that the quest for stability and pragmatism is crucial to understanding the political, cultural, and ideological reorientations within the noble-bourgeois elites in the first age of global revolutions. Family history is a lens through which it is possible to look afresh at this vital period of social transformations, state expansion, and political modernization. The article explores the Balbos’ family history across generations and genders, not only in the revolutionary and Napoleonic period, but also in the decades after the Congress of Vienna. In doing so, it sheds new light on the course of state-building processes, constitutional reforms, and the formation of a new, composite elite, which would largely dominate European politics until the end of the nineteenth century.
Ethiopia’s commitment to achieving universal health coverage (UHC) requires an efficient and equitable health priority-setting practice. The Ministry of Health aims to institutionalize health technology assessment (HTA) to support evidence-based decision making. This commentary highlights key considerations for successful formulation, adoption, and implementation of HTA policies and practices in Ethiopia, based on a review of international evidence and published normative principles and guidelines. Stakeholder engagement, transparent policymaking, sustainable financing, workforce education, and political economy analysis and power dynamics are critical factors that need to be considered when developing a national HTA roadmap and implementation strategy. To ensure ownership and sustainability of HTA, effective stakeholder engagement and transparency are crucial. Regulatory embedding and sustainable financing ensure legitimacy and continuity of HTA production, and workforce education and training are essential for conducting and interpreting HTA. Political economy analysis helps identify opportunities and constraints for effective HTA implementation. By addressing these considerations, Ethiopia can establish a well-designed HTA system to inform evidence-based and equitable resource allocation toward achieving UHC and improving health outcomes.
This comment aims to show how Klaus Eller's paper on ‘The Political Economy of Tenancy Contract Law’1 raises the stakes of private law scholarship and contributes to the larger project of remodeling legal institutions in a progressive direction. The comment starts by contextualising the rapid spread of the Law and Political Economy (LPE) movement; illustrates through examples the generative impact of LPE on contemporary contracts scholarship; and highlights two strands of Eller’s original contribution to such literature: a welcome reflection on the value and limits of Materialisierung, and a radical widening of the private law inquiry to include institutional dimensions of legal reform. The point of fostering such new directions is not to ditch the very logic of private law and its endogenous mechanisms of justice, which are still essential to progressive legal work. What is no longer tenable is to keep seeking socially oriented solutions exclusively within the private law arsenal of possibilities, even when it has become obvious that only a synergic approach can produce accurate diagnoses of – and perhaps cures for – the structural predicaments of the market economy.
Archaeological investigation of Circum-Alpine lake, or pile, dwellings has afforded unprecedented insight into Neolithic and Bronze Age societies. The discovery in 1989 of a submerged settlement near Rome added an early (eighth millennium BP) geographical outlier to this distribution. Two decades of excavation at La Marmotta have identified more than a dozen dwellings and an enormous assemblage of organic remains. Here, the authors present an overview of the textiles, basketry and cordage recovered, and the tools used to manufacture them. The assemblage paints a more complete picture of the technological expertise of Neolithic societies and their ability to exploit and process plant materials to produce a wide range of crafts.
The maned wolf Chrysocyon brachyurus, the fourth largest canid, is categorized as Near Threatened on the IUCN Red List. The objectives of this study were to update information on the occurrence of this species in Argentina, compare the current distribution to that previously described for 1988–2008, and indicate the areas in which the species is exposed to particular hazards. We created a database that included 1,051 new records of C. brachyurus for 2009-2021, in addition to records for 1988–2008 that had not been reported previously. We calculated the area of occupancy of the species in Argentina to be 500,000 km2. Most of the new records of C. brachyurus are in the Chaco Seco, Espinal and Pampas ecoregions. Our findings indicate a current area of occupancy 61% higher than that calculated from records for 1988–2008. However the location and frequency of reported threats and the intense environmental transformation that characterizes the areas for which we obtained new records suggest counterintuitive implications for the conservation of the species because of increased human–wildlife interactions. Our study reveals the need for systematic research to improve the understanding of the ecological processes that affect the maned wolf in Argentina, and will aid in the development of conservation strategies for the species.
Death anxiety (DA), a condition characterized by fear, angst, or panic related to the awareness of one’s own death, is commonly observed in advanced cancer patients. The aim of this study was to examine the psychometric properties of the Italian version of the Death and Dying Distress Scale (DADDS-IT) in a sample of patients with advanced cancer.
Methods
The sample included 200 Italian advanced cancer patients meeting eligibility criteria to access palliative care. Patients’ levels of DA were assessed by using the DADDS-IT, while the levels of depression, anxiety, demoralization, spiritual well-being, and symptom burden were assessed using the Patient Health Questionnaire-9, the Generalized Anxiety Disorder-7, the Demoralization Scale, the Functional Assessment of Chronic Illness Therapy–Spiritual Well-Being Scale, and the Edmonton Symptom Assessment System, respectively; Karnofsky Performance Status was used to measure functional impairment. Confirmatory factor analyses (CFA) of previous structures and exploratory factor analyses (EFA) were conducted.
Results
CFA revealed that none of the previous structures adequately fitted data from our sample. EFA revealed a 4-factor model comprising Finitude (α = 0.91), Regret (α = 0.86), Dying (α = 0.88), and Relational Burden (α = 0.73), accounting for the 77.1% of the variance. Dying subscore was higher in hospice patients than in those recruited in medical wards.
Significance of results
The present study provides further evidence that DA is a condition that deserves attention and that DADDS-IT shows good psychometric properties to support its use in research and clinical settings.
Effective transboundary corridors play a crucial role in jaguar Panthera onca conservation. Local residents reported jaguar sightings along the Baritú–Tariquía Biological Corridor, which prompted us to carry out this camera-trap survey. We surveyed an area of 1,243 km2 across the corridor to confirm jaguar presence. We used 50 single camera stations, with cameras placed c. 5 km apart. We placed the cameras along trails, streams and mountain ridges. We recorded jaguars at seven sites across the Corridor; at least three different individuals were identified. These records confirm the presence of the jaguar in the Baritú–Tariquía Biological Corridor between Argentina and Bolivia, a trans-frontier area of the Austral Yungas facing multiple threats but hosting one of the southernmost jaguar populations. Conservation efforts in border regions can promote collaboration and synergies between agencies and other conservation stakeholders, with important implications for wide-ranging predators such as jaguars and their habitats.
This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic and non-basic desert conceptions of moral responsibility and considers a number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life.
To provide an update on the use of health technology assessment (HTA) in Asia and lessons for countries seeking to advance HTA.
Methods
Build upon the research by Chootipongchaivat and the World Health Organization identifying eighteen “factors conducive to the development of HTA in Asia.” These factors were used to create a balanced scorecard to assess the progress of HTA, measuring progress against each factor in China, India, Indonesia, Malaysia, Philippines, South Korea, Taiwan, Thailand, and Vietnam. A scoring system was used wherein: 1, No progress; 2, milestone at early stages, ad hoc HTA use; 3, progress on milestone but limited impact; 4, significant progress but limited remit; and 5, significant progress on milestone, routine HTA informs decisions. Total scores indicated progress of HTA while milestone scores provided contextual insights within countries. Literature reviews and expert interviews were used to complete scorecards.
Results
South Korea and Thailand scored highest with seventy-three and seventy-one points, respectively, while Vietnam scored lowest at 28.5. Advanced HTA programs have independent HTA agencies with a broad remit, explicit process and methods, network of researchers, and routine use of HTA. Taiwan and Malaysia fall in a middle tier, with established HTA programs with limited remit. The final tier with China, India, Indonesia, Philippines, and Vietnam, emerging HTA processes.
Conclusions
Universal Health Coverage goals have catalyzed expansion of HTA. Political will, technical expertise, and sustained financing remain challenges for sustainable HTA programs. Legislation supporting HTA is helpful but political will is key. Recommendations for regional collaboration are provided.
Diabetes mellitus (DM) is a dominant chronic disease in the older adult population in the United States as well as in many other countries of the world. The prevalence of DM in the future is only expected to grow with the increase in the population of adults aged 65 and over, the prevalence of obesity, and physical inactivity. Clinicians are faced with many unique challenges when caring for this older diabetic population. The clinician’s major challenges are (1) to avoid symptoms and complications of hyper- and hypoglycemia, (2) to minimize or delay micro- and macrovascular complications, if possible, and (3) to maximize daily functioning. Underlying these challenges is the realization that the geriatric population is a heterogeneous one. Goals of care and treatment decisions may vary, depending more on the patient’s functional abilities and on other comorbidities or coexisting geriatric syndromes, and less on the age of the patient. This chapter will focus on specific aspects of diabetes care in the older adult.