BURNS V CORBETT: WHAT IF THE HIGH COURT HAD DECIDED THE IMPLIED FREEDOM OF POLITICAL COMMUNICATION ISSUE?

Because the Commonwealth has never fulfilled its promise to domesticate the International Covenant on Civil and Political Rights 1966 (ICCPR), human rights in Australia remain an uncertain blend of federal and state anti-discrimination statutes, common law rights and constitutional implications. The litigation surrounding Tess Corbett’s media interview in Hamilton, Victoria when she was campaigning as a candidate in the 2013 federal election, highlights that uncertainty. Should her statements have been protected because the voters in Wannon, Victoria needed to know her views so as to vote in an informed way, or did New South Wales’ interest in stamping out the vilification of gay people justify a law in that state that burdened Ms Corbett’s expression? While the New South Wales Court of Appeal and the High Court eventually agreed that the New South Wales’ tribunals involved had no jurisdiction to hear the case in the first place, the underlying anti-discrimination v freedom of political communication issue was not resolved despite many hearings. This article considers how that question might have been resolved since the New South Wales Court of Appeal in the Sunol case in 2012 seem to have preferred the views of the minority in the High Court in Coleman v Powerin 2004

Recent Cases

If the instant case, rather than Northway, is to become the accepted rule in the area of discounting, consumers and state lenders will be protected while the national bank-lenders will be burdened only slightly, if at all. National banks located in states that permit state lenders to discount loans at the maximum rate, with-out regard to the actual yield, will not be affected. National banks located in states that permit state lenders to discount only to the extent that the actual yield is within the statutory maximum will need to change their practices merely by charging the statutory rate only when it becomes due, or by charging a lower rate in advance that yields an effective rate not in excess of the maximum. Furthermore, the impact of the instant decision on national banks will be practically limited to consumer loans, because of the usual exemption of corporations from usury laws and of section 85\u27s higher alternative rate for business or agricultural loans. This limited restriction on the national banks will be justified by its beneficent effect on the borrower and on the competing state lenders, who have always been subject to the state restrictions. Linda A. Bunsey ======================= With the instant decision, federal defamation law has advanced within the space of ten years from no constitutional privilege, even for the press in defending against a public person, to the realized prospect of a constitutional privilege so sweeping that it prevents recovery of an element of damages by a public person who has been defamed by an individual. Specifically, the instant court\u27s holding completes a four-part scheme for liability and damages in defamation actions: under Supreme Court decisions, a private figure must prove negligence to receive compensatory damages and actual malice to receive punitive damages, and a public figure must prove actual malice to recover compensatory damages; under the instant decision, a public figure is almost totally precluded from recovering punitive damages. As the Sullivan Court in large measure adopted the minority position concerning fair comment and liability, so too the Maheu court in large measure adopted the minority position concerning punitive damages. Nevertheless, the instant decision was solidly based: the court fully considered the Supreme Court\u27s prior concerns with encouraging debate and discouraging self-censorship, shielding reputation and privacy, and, most importantly, scrutinizing the need for punitive damages. David M. Thompson ============================ In rejecting the State\u27s reliance upon the stated rule of the Brady trilogy and Tollett, the instant Court noted the suggestion originally made in a McMann footnote that an exception might exist if the applicable state law permitted appeal from adverse pretrial rulings despite a subsequent guilty plea. Under New York procedure, a defendant who chooses to plead guilty does not deliberately by-pass state appellate review of certain constitutional claims, and the State acquires no legitimate expectation of finality in the ensuing conviction. As to these constitutional claims, the plea does not constitute a break in the chain, but operates merely as a procedural device to secure review of the adverse pretrial ruling without the necessity of a time-consuming and expensive trial. The Court held that because the respondent\u27s guilty plea was entered in reliance upon a guarantee of the availability of further appellate review of his constitutional claims, it was essentially different from guilty pleas entered in other states that result in an absolute conviction and a waiver of all further state review. Charles K. Campbell, Jr. ======================================== In determining whether the challenged statute met the procedural requirements of the fourteenth amendment, the instant Court looked to the statutory safeguards protecting the debtor\u27s property interest in the absence of prior notice and hearing. Comparing the instant statute to the Fuentes statutes, the Court asserted that the same constitutional infirmities were present. Each statute allowed the seizure of property without prior notice and opportunity for a hearing by the issuance of a writ by a court clerk after the filing of an affidavit containing conclusory allegations. The instant Court restated its belief set forth in Sniadach and Fuentes that even a temporary deprivation of property does not put the seizure beyond scrutiny under due process requirements. The Court then asserted that the Georgia statute had none of the saving characteristics of the Louisiana sequestration statute upheld in Mitchell. According to the Court, the Mitchell statute survived challenge because of the presence of safeguards which imposed judicial control over the process of issuance of the writ; required the creditor\u27s affidavit to contain factual allegations; and provided for an immediate post-seizure hearing at which the debtor could seek dissolution of the writ. Keith B. Simmons ============================== The instant court rejected arguments based mainly on the vague wording of the statute and relied on two basic policies-(1)to compel pro rata distributions of unneeded funds that will be taxable to shareholders and (2) to avoid constructions that lead to inconsistent results in similar fact situations. Also, the court seemed to contemplate two theories of liability available to the Commissioner-first, that the corporation was availed of by permitting funds not used in the redemption to remain accumulated, and secondly, that the corporation was availed of through the redemption itself. The arguments based on the equivalency of the phrases to accumulate and to remain accumulated , the purpose of Congress to reach any corporation with an undue accumulation, and the relevance of past accumulations, plus the remand for determination of whether an unreasonable accumulation actually occurred, relate to the first theory. Other arguments used by the court relate more to the second theory-the repeated idea that preferential distribution of unneeded funds is not a congressionally approved method of abating the penalty tax with respect to those funds, the mention of corporations formed for the proscribed purpose that may be liable without regard to actual accumulation, and especially the concluding statement that the judgment concerning 1967 made liability in 1968 apparent. Thomas C. Hundle

Estimation of self-sustained activity produced by persistent inward currents using firing rate profiles of multiple motor units in humans

Persistent inward calcium and sodium currents (IP) activated during motoneuron recruitment help synaptic inputs maintain self-sustained firing until de-recruitment. Here, we estimate the contribution of the IP to self-sustained firing in human motoneurons of varying recruitment threshold by measuring the difference in synaptic input needed to maintain minimal firing once the IP is fully activated compared with the larger synaptic input required to initiate firing prior to full IP activation. Synaptic input to ≈20 dorsiflexor motoneurons simultaneously recorded during ramp contractions was estimated from firing profiles of motor units decomposed from high-density surface-EMG. To avoid errors introduced when using high-threshold units firing in their nonlinear range, we developed methods where the lowest-threshold units firing linearly with force were used to construct a composite (control) firing rate profile to estimate synaptic input to the higher-threshold (test) units. The difference in the composite firing rate (synaptic input) at the time of test unit recruitment and de-recruitment (ΔF=Frecruit-Fde-recruit) was used to measure IP amplitude that sustained firing. Test units with recruitment thresholds 1-30% of maximum had similar ΔFs, which likely included both slow and fast motor units activated by small and large motoneurons, respectively. This suggests that the portion of the IP that sustains firing is similar across a wide range of motoneuron sizes. Higher-threshold units had more prolonged accelerations in firing rate at the onset of recruitment compared to lower-threshold units, likely reflecting IP activation closer to firing onset in the higher-threshold units, but well before firing onset in the lower-threshold units

Inter-species variation in colour perception

Inter-species variation in colour perception poses a serious problem for the view that colours are mind-independent properties. Given that colour perception varies so drastically across species, which species perceives colours as they really are? In this paper, I argue that all do. Specifically, I argue that members of different species perceive properties that are determinates of different, mutually compatible, determinables. This is an instance of a general selectionist strategy for dealing with cases of perceptual variation. According to selectionist views, objects simultaneously instantiate a plurality of colours, all of them genuinely mind-independent, and subjects select from amongst this plurality which colours they perceive. I contrast selectionist views with relationalist views that deny the mind-independence of colour, and consider some general objections to this strategy

Eight gamma-ray pulsars discovered in blind frequency searches of Fermi LAT data

We report the discovery of eight gamma-ray pulsars in blind frequency searches using the LAT, onboard the Fermi Gamma-ray Space Telescope. Five of the eight pulsars are young (tau_c10^36 erg/s), and located within the Galactic plane (|b|<3 deg). The remaining three are older, less energetic, and located off the plane. Five pulsars are associated with sources included in the LAT bright gamma-ray source list, but only one, PSR J1413-6205, is clearly associated with an EGRET source. PSR J1023-5746 has the smallest characteristic age (tau_c=4.6 kyr) and is the most energetic (Edot=1.1E37 erg/s) of all gamma-ray pulsars discovered so far in blind searches. PSRs J1957+5033 and J2055+25 have the largest characteristic ages (tau_c~1 Myr) and are the least energetic (Edot~5E33 erg/s) of the newly-discovered pulsars. We present the timing models, light curves, and detailed spectral parameters of the new pulsars. We used recent XMM observations to identify the counterpart of PSR J2055+25 as XMMU J205549.4+253959. In addition, publicly available archival Chandra X-ray data allowed us to identify the likely counterpart of PSR J1023-5746 as a faint, highly absorbed source, CXOU J102302.8-574606. The large X-ray absorption indicates that this could be among the most distant gamma-ray pulsars detected so far. PSR J1023-5746 is positionally coincident with the TeV source HESS J1023-575, located near the young stellar cluster Westerlund 2, while PSR J1954+2836 is coincident with a 4.3 sigma excess reported by Milagro at a median energy of 35 TeV. Deep radio follow-up observations of the eight pulsars resulted in no detections of pulsations and upper limits comparable to the faintest known radio pulsars, indicating that these can be included among the growing population of radio-quiet pulsars in our Galaxy being uncovered by the LAT, and currently numbering more than 20.Comment: Submitted to Ap

Three Millisecond Pulsars in FERMI LAT Unassociated Bright Sources

We searched for radio pulsars in 25 of the non-variable, unassociated sources in the Fermi LAT Bright Source List with the Green Bank Telescope at 820 MHz. We report the discovery of three radio and gamma-ray millisecond pulsars (MSPs) from a high Galactic latitude subset of these sources. All of the pulsars are in binary systems, which would have made them virtually impossible to detect in blind gamma-ray pulsation searches. They seem to be relatively normal, nearby (<=2 kpc) millisecond pulsars. These observations, in combination with the Fermi detection of gamma-rays from other known radio MSPs, imply that most, if not all, radio MSPs are efficient gamma-ray producers. The gamma-ray spectra of the pulsars are power-law in nature with exponential cutoffs at a few GeV, as has been found with most other pulsars. The MSPs have all been detected as X-ray point sources. Their soft X-ray luminosities of ~10^{30-31} erg/s are typical of the rare radio MSPs seen in X-rays.Comment: Accepted for publication in ApJ Letter

The Commensal Real-time ASKAP Fast Transients (CRAFT) survey

We are developing a purely commensal survey experiment for fast (<5s) transient radio sources. Short-timescale transients are associated with the most energetic and brightest single events in the Universe. Our objective is to cover the enormous volume of transients parameter space made available by ASKAP, with an unprecedented combination of sensitivity and field of view. Fast timescale transients open new vistas on the physics of high brightness temperature emission, extreme states of matter and the physics of strong gravitational fields. In addition, the detection of extragalactic objects affords us an entirely new and extremely sensitive probe on the huge reservoir of baryons present in the IGM. We outline here our approach to the considerable challenge involved in detecting fast transients, particularly the development of hardware fast enough to dedisperse and search the ASKAP data stream at or near real-time rates. Through CRAFT, ASKAP will provide the testbed of many of the key technologies and survey modes proposed for high time resolution science with the SKA.Comment: accepted for publication in PAS

Discovery of millisecond pulsars in radio searches of southern Fermi LAT sources

Using the Parkes radio telescope we have carried out deep observations of eleven unassociated gamma-ray sources. Periodicity searches of these data have discovered two millisecond pulsars, PSR J1103-5403 (1FGL J1103.9-5355) and PSR J2241-5236 (1FGL J2241.9-5236), and a long period pulsar, PSR J1604-44 (1FGL J1604.7-4443). In addition we searched for but did not detect any radio pulsations from six gammaray pulsars discovered by the Fermi satellite to a level of - 0.04 mJy (for pulsars with a 10% duty cycle). Timing of the millisecond pulsar PSR J1103-5403 has shown that its position is 9' from the centroid of the gamma-ray source. Since these observations were carried out, independent evidence has shown that 1FGL J1103.9-5355 is associated with the flat spectrum radio source PKS 1101-536. It appears certain that the pulsar is not associated with the gamma-ray source, despite the seemingly low probability of a chance detection of a radio millisecond pulsar. We consider that PSR J1604-44 is a chance discovery of a weak, long period pulsar and is unlikely to be associated with 1FGL J1604.7-4443. PSR J2241-5236 has a spin period of 2.2 ms and orbits a very low mass companion with a 3.5 hour orbital period. The relatively high flux density and low dispersion measure of PSR J2241-5236 makes it an excellent candidate for high precision timing experiments. The gamma-rays of 1FGL J2241.9-5236 have a spectrum that is well modelled by a power law with exponential cutoff, and phasebinning with the radio ephemeris results in a multi-peaked gamma-ray pulse profile. Observations with Chandra have identified a coincident X-ray source within 0.1" of the position of the pulsar obtained by radio timingComment: 9 Pages 6 Figures, for publication in MNRA

Melanoma staging: Evidence‐based changes in the American Joint Committee on Cancer eighth edition cancer staging manual

Answer questions and earn CME/CNETo update the melanoma staging system of the American Joint Committee on Cancer (AJCC) a large database was assembled comprising >46,000 patients from 10 centers worldwide with stages I, II, and III melanoma diagnosed since 1998. Based on analyses of this new database, the existing seventh edition AJCC stage IV database, and contemporary clinical trial data, the AJCC Melanoma Expert Panel introduced several important changes to the Tumor, Nodes, Metastasis (TNM) classification and stage grouping criteria. Key changes in the eighth edition AJCC Cancer Staging Manual include: 1) tumor thickness measurements to be recorded to the nearest 0.1 mm, not 0.01 mm; 2) definitions of T1a and T1b are revised (T1a, <0.8 mm without ulceration; T1b, 0.8‐1.0 mm with or without ulceration or <0.8 mm with ulceration), with mitotic rate no longer a T category criterion; 3) pathological (but not clinical) stage IA is revised to include T1b N0 M0 (formerly pathologic stage IB); 4) the N category descriptors “microscopic” and “macroscopic” for regional node metastasis are redefined as “clinically occult” and “clinically apparent”; 5) prognostic stage III groupings are based on N category criteria and T category criteria (ie, primary tumor thickness and ulceration) and increased from 3 to 4 subgroups (stages IIIA‐IIID); 6) definitions of N subcategories are revised, with the presence of microsatellites, satellites, or in‐transit metastases now categorized as N1c, N2c, or N3c based on the number of tumor‐involved regional lymph nodes, if any; 7) descriptors are added to each M1 subcategory designation for lactate dehydrogenase (LDH) level (LDH elevation no longer upstages to M1c); and 8) a new M1d designation is added for central nervous system metastases. This evidence‐based revision of the AJCC melanoma staging system will guide patient treatment, provide better prognostic estimates, and refine stratification of patients entering clinical trials. CA Cancer J Clin 2017;67:472‐492. © 2017 American Cancer Society.Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/139981/1/caac21409_am.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/139981/2/caac21409-sup-0001-suppinfo01.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/139981/3/caac21409.pd