The Application of the Fundamental Freedoms to Member State Tax Measures: Guarding against Protectionism or Second-guessing National Policy Choices?

The provisions of the EC Treaty which deal with Member State tax measures clearly seem to indicate that, in the absence of provisions of secondary law harmonizing such measures, Community law provides simply for a rule against discrimination. However, in the application of the fundamental freedoms to this area, the Court of Justice does not distinguish it specifically from other types of regulation. At least on the level of language, therefore, it often appears to apply a "restriction" approach which would go well beyond a search for discrimination in national measures. This article examines the Court's case law in some detail in order to determine what type of analysis the Court is really engaged in. It shows that, although the Court has never found a non-discriminatory measure to be contrary to Community law, there is often an ambiguity in its analysis of tax rules which leaves this possibility open and creates legal uncertainty.competences; European law; free movement; judicial review; non-discrimination

Short-term climate response to a freshwater pulse in the Southern Ocean

The short-term response of the climate system to a freshwater anomaly in the Southern Ocean is investigated using a coupled global climate model. As a result of the anomaly, ventilation of deep waters around Antarctica is inhibited, causing a warming of the deep ocean, and a cooling of the surface. The surface cooling causes Antarctic sea-ice to thicken and increase in extent, and this leads to a cooling of Southern Hemisphere surface air temperature. The surface cooling increases over the first 5 years, then remains constant over the next 5 years. There is a more rapid response in the Pacific Ocean, which transmits a signal to the Northern Hemisphere, ultimately causing a shift to the negative phase of the North Atlantic Oscillation in years 5–10

Rapid seafloor mapping of the northern Galapagos Islands, Darwin and Wolf

Darwin and Wolf are the most remote of the Galapagos islands and are famous for their remarkable pelagic and benthic marine species abundance and diversity. However, little is known about their surrounding bathymetry. Rapid surveys were carried out in 2008 and 2009 to collect geo-referenced depth soundings down to 100 m around both islands, as a step towards a better understanding of their habitat and species distribution. Five spatial interpolation methods were tested on the data, to find the most accurate. The Triangular Irregular Network (TIN) was the best interpolator for these data sets with the fewest interpolation errors, and was then used to create contour and three dimensional maps of the seafloor topography of both islands. Darwin has a bigger insular platform with gentle submarine slopes whereas Wolf has very steep slopes with a smaller platform

Identifying invertebrate invasions using morphological and molecular analyses: North American Daphnia ‘pulex’ in New Zealand fresh waters

We used a DNA barcoding approach to identify specimens of the Daphnia pulex complex occurring in New Zealand lakes, documenting the establishment of non-indigenous North American Daphnia 'pulex'. Morphological delineation of species in this complex is problematic due to a lack of good morphological traits to distinguish the species, as there is a relatively high degree of morphological stasis within the group through evolutionary time. Accordingly, genetic analyses were used to determine the specific identity and likely geographic origin of this species. Morphologically, individuals most closely resembled Daphnia pulicaria or Daphnia pulex sensu lato, which cannot be separated morphologically. Furthermore, each of these taxa comprises separate species in North America and Europe, despite carrying the same names. We identified individuals using a 658 bp nucleotide portion of the mitochondrial cytochrome c oxidase subunit 1 gene (COI) as North American Daphnia 'pulex', being distinct from European Daphnia pulex sensu stricto and D. pulicaria from Europe or North America. Cellulose allozyme electrophoresis was used to confirm that individuals were not hybrids with D. pulicaria. North American Daphnia 'pulex' in New Zealand were first recorded in New Zealand from South Island lakes that are popular for overseas recreational fishers, indicating a possible source of introduction for this species (e.g. on/in fishing gear). Our study provides an additional example of how genetic techniques can be used for the accurate identification of non-indigenous taxa, particularly when morphological species determination is not possible. The growth of global databases such as GenBank and Barcode of Life Datasystems (BOLD) will further enhance this identification capacity

Inequalities in pediatric avoidable hospitalizations between Aboriginal and non-Aboriginal children in Australia: a population data linkage study

Background: Australian Aboriginal children experience a disproportionate burden of social and health disadvantage. Avoidable hospitalizations present a potentially modifiable health gap that can be targeted and monitored using population data. This study quantifies inequalities in pediatric avoidable hospitalizations between Australian Aboriginal and non-Aboriginal children. Methods: This statewide population-based cohort study included 1 121 440 children born in New South Wales, Australia, between 1 July 2000 and 31 December 2012, including 35 609 Aboriginal children. Using linked hospital data from 1 July 2000 to 31 December 2013, we identified pediatric avoidable, ambulatory care sensitive and non-avoidable hospitalization rates for Aboriginal and non-Aboriginal children. Absolute and relative inequalities between Aboriginal and non-Aboriginal children were measured as rate differences and rate ratios, respectively. Individual-level covariates included age, sex, low birth weight and/or prematurity, and private health insurance/patient status. Area-level covariates included remoteness of residence and area socioeconomic disadvantage. Results: There were 365 386 potentially avoidable hospitalizations observed over the study period, most commonly for respiratory and infectious conditions; Aboriginal children were admitted more frequently for all conditions. Avoidable hospitalization rates were 90.1/1000 person-years (95 % CI, 88.9–91.4) in Aboriginal children and 44.9/1000 person-years (44.8–45.1) in non-Aboriginal children (age and sex adjusted rate ratio = 1.7 (1.7–1.7)). Rate differences and rate ratios declined with age from 94/1000 person-years and 1.9, respectively, for children aged <2 years to 5/1000 person-years and 1.8, respectively, for ages 12- < 14 years. Findings were similar for the subset of ambulatory care sensitive hospitalizations, but in contrast, non-avoidable hospitalization rates were almost identical in Aboriginal (10.1/1000 person-years, (9.6–10.5)) and non-Aboriginal children (9.6/1000 person-years (9.6–9.7)). Conclusions: We observed substantial inequalities in avoidable hospitalizations between Aboriginal and non-Aboriginal children regardless of where they lived, particularly among young children. Policy measures that reduce inequities in the circumstances in which children grow and develop, and improved access to early intervention in primary care, have potential to narrow this gap

Pathways to Institutional Transformation at HBCUs: Recommendations from HBCU Black Women STEM Faculty

Black women STEM faculty at historically Black colleges and universities (HBCUs) experience many barriers to promotion, tenure, and the attainment of leadership positions. Institutional transformation is essential in addressing these inequities. However, there is a lack of literature that addresses the pathways for institutional transformation at HBCUs. The purpose of this paper is to share Black women STEM faculty from HBCUs recommendations for institutional transformation. Inter-views were conducted with fifteen Black women STEM faculty at HBCUs. Find-ings revealed several themes including the need for: (1) institutional accountability and oversight, (2) investment in the representation of Black women in faculty and administration ranks, (3) leadership training and opportunities, (4) increased support for research scholarship, (5) opportunities for internal and external mentorship on scholarship and tenure, and (6) expanding student support services. Based on participants’ reflections recommendations are offered to facilitate institutional transformation that supports the advancement of Black women STEM faculty at HBCUs

"If he could speak, he would be able to point out who does those things to him": Experiences of violence and access to child protection among children with disabilities in Uganda and Malawi.

INTRODUCTION: There is growing evidence that children with disabilities face an increased risk of violence globally. While child protection mechanisms to prevent and respond to violence-including formal government systems and more informal programmes and activities run by local communities or NGOs-are slowly becoming operationalised in low- and- middle-income countries, little is known about whether existing mechanisms are disability-inclusive. The aim of this study is to provide a better understanding of children with disabilities' experiences of violence and their access to available child protection mechanisms in low resource settings. METHODS: This study was conducted in Kasungu and Mulanje districts in Malawi and Kamuli district in Uganda between October-December 2015. In-depth, semi-structured interviews were conducted with approximately 20 purposively selected child/caregiver pairs in each country (43 pairs total). Interviews with key informants involved in the provision of child protection and disability support were also conducted. All interviews were recorded, transcribed and coded in NVivo. Thematic Analysis, complemented by constant comparison as described in Grounded Theory, was used to analyse the data. RESULTS: Almost all children with disabilities reported experiencing violence, with verbal abuse and bullying the most common forms. Very few of these children sought recourse through available child protection mechanisms. Some of the key factors impeding access to child protection for children with disabilities included: lack of local government disability-inclusive planning and budgeting; centralization of limited disability and social protection services; financial barriers to seeking and receiving care; and stigma and negative attitudes toward disabilities. CONCLUSION: Children with disabilities face both high levels of violence and high barriers to accessing available child protection mechanisms. There is an urgent need to ensure that all efforts to prevent and respond to violence against children are more disability-inclusive. In addition, it may be appropriate to target child protection mechanisms specifically toward children with disabilities because of the different and intersecting vulnerabilities that they face

Reducing Physical Violence Toward Primary School Students With Disabilities.

PURPOSE: We tested whether the Good School Toolkit reduces physical violence from peers and school staff toward students with and without disabilities in Ugandan primary schools. METHODS: We conducted a cluster randomized controlled trial, with data collected via cross-sectional surveys in 2012 and 2014. Forty-two primary schools in Luwero District, Uganda, were randomly assigned to receive the Good School Toolkit for 18 months, or to a waitlisted control group. The primary outcome was past week physical violence from school staff, measured by primary 5, 6, and 7 students' (aged 11-14 years) self-reports using the International Society for the Prevention of Child Abuse and Neglect Child Abuse Screening Tool-Child Institutional. Disability was assessed through the six Short Set Washington Group questions on functioning. Analyses were by intention to treat. RESULTS: At endline, 53% of control group students with no functional difficulties reported violence from peers or school staff, versus 84% of students with a disability. Prevalence of past week physical violence from school staff was lower in intervention schools than in the control schools after the intervention, in students with no functional difficulties (adjusted odds ratio [aOR] = .41, 95% confidence interval [CI .26-.65]), students with some functional difficulties (aOR = .36, 95% CI .21-.63), and students with disabilities (aOR = .29, 95% CI .14-.59). The intervention also reduced violence from peers in young adolescents, with no evidence of a difference in effect by disability status. CONCLUSIONS: The Good School Toolkit is an effective intervention to reduce violence perpetrated by peers and school staff against young adolescents with disabilities in Ugandan primary schools