M.R. Denning, L.J. Diplock and L.J. Salmon
November 27,1967 Trade Union — Membership — Rules — Provision of legal assistance “on happening of… event which would … reasonably appear” to entitle member to claim damages at…
Abstract
November 27,1967 Trade Union — Membership — Rules — Provision of legal assistance “on happening of… event which would … reasonably appear” to entitle member to claim damages at common law — Accident at work — Particulars supplied by injured member passed by union to experienced solicitor — Solicitor's advice that no ground for claim against employers — Advice communicated to and accepted by injured member — Later query on claim raised by injured member — Standard of duty of union under rules — Whether duty fulfilled.
In 1899 the medical practitioners of Dublin were confronted with an outbreak of a peculiar and obscure illness, characterised by symptoms which were very unusual. For want of a…
Abstract
In 1899 the medical practitioners of Dublin were confronted with an outbreak of a peculiar and obscure illness, characterised by symptoms which were very unusual. For want of a better explanation, the disorder, which seemed to be epidemic, was explained by the simple expedient of finding a name for it. It was labelled as “beri‐beri,” a tropical disease with very much the same clinical and pathological features as those observed at Dublin. Papers were read before certain societies, and then as the cases gradually diminished in number, the subject lost interest and was dropped.
The recent history and present state of the canning industry in the United States make anything but cheerful reading. If growers and producers can derive any satisfaction by…
Abstract
The recent history and present state of the canning industry in the United States make anything but cheerful reading. If growers and producers can derive any satisfaction by reflecting that all the other great industries are in much the same state of suspended animation, with no immediate prospect of “coming to,” they are certainly welcome to it, as under present conditions it is about the only satisfaction they will get, for the problems facing the trade and associated industries are as urgent as they seem insoluble. Prices of agricultural products have suffered an all‐round and very serious decline, and all exports are down. Packing‐house products have lessened by about one‐third in value and about one‐half in quantity when compared with those of 1930. The 1932 Year Book of Agriculture states that the exports of canned vegetables have declined by 33 per cent. in quantity and in value. The causes hardly need restating. Expansion as a result of war conditions and those immediately succeeding the war, and then restricted buying power in the home and foreign markets, has resulted in a futile attempt to market about twice as much as people were able to buy. A cursory inspection of the official figures relating to production in field and orchard, output in the factory, and export oversea, tell the tale with the dreadful eloquence of figures. The industry is fiscally well protected. The Tariff Act of 1930 shows that there is a duty on “ meat—prepared or preserved ” of six cents per lb., but not less than 20 per cent. ad valorem, unless it is otherwise specially provided for (paragraph 706). Fish prepared or preserved in any manner in oil or in oil and other substances 30 per cent. ad valorem (paragraph 718a), or prepared or preserved in any manner (except as in para. 718a) when packed in airtight containers weighing with their contents not more than 15 lbs. each, 25 per cent. ad valorem, and (paragraph 721c) fish sauce and fish paste 30 per cent. ad valorem. Apricots, berries, plums, peaches, pears, other fruits and all jellies, jams, marmalades and fruit butters, fruit pastes and fruit pulps have (paragraphs 735, 736, 745, 748, 749, 751, 752 and 775) a duty levied on them of 35 per cent. ad valorem. Apples—and the United States is by far the largest exporter of apples in the world—when dried, desiccated, or evaporated are subject to a duty of two cents per lb., and if otherwise prepared or preserved, and not specially provided for, 2½ cents per lb. Most assuredly all would be well with the industry if a tariff wall could do it. The home market is immense, and all fruits, temperate, tropical or semi‐tropical varieties, can be grown in the United States or its dependencies, and many of the fruits cannot be grown at all in countries that otherwise might be their competitors, or if grown are grown at disadvantages arising from either climate or limitation of area, late development of the industry, distance from the chief markets, insufficient means of transport, or want of development in technique, skill or knowledge. It has been said that the United States' packers spend twenty millions of money a year in advertising, and they make use, as is well known, of every device that modern science combined with the skill of specialists in this respect places at their disposal. It seems that for the past ten or fifteen years a growing competition has existed between canned and fresh fruits, or, to put it a little more accurately, between canners of fruit and growers of fruit. This would to some extent explain how it has come about that the powers of advertisement have been so strongly appealed to, as the figures just quoted show. The “ prejudice,” to use the official word, in favour of raw as opposed to canned fruit has by this means been partly overcome. We may remark in passing that the word “ prejudice ” is here not very happily chosen, as it seems to imply an unreasonable dislike on the part of the consumer. The preference, however, for the raw fruits of the earth is as old as the human race itself. No matter how skilfully canning may be carried out—and it is stated that no case of botulism due to commercially‐packed fruit has been encountered by the health authorities for the past two years—man, woman and especially the child will always in the future as in the past prefer freshly‐picked fruit to canned fruit, other things being equal. Good though it may be, canned fruit suffers from a deficiency of Vitamin C, and for that reason it can only be regarded as a substitute for the fresh stuff when this is not obtainable. No amount of propaganda will alter this. Not only, however, is there competition between the sellers of raw and the sellers of canned fruit, but there is competition between the canners themselves, and sharp competition may very easily in the long run lead to inferiority of product. Thus in an effort to stop “ some of the trade abuses which have grown up,” we are told that several trade organisations have been established, each one handling one particular product and to thereby control the orderly marketing of some lines of canned food. What exact form the implied disorderly marketing took we are not told, but we do know that some packers were marketing stuff which though not in conflict with the terms of the Food and Drugs Act was still of a quality distinctly inferior to the products which were being marketed by their competitors who paid more regard to the spirit of the law. A decided tendency was thereby created to lower the general standard of excellence of canned food products and thus injuriously to affect, if not to nullify, the good name of American canned foods. It is of little use to stand, so to speak, in the markets of the world and shout to gods and men to acknowledge the superior quality of your goods when it is only a question of time for the consumers to find out that they are not that which they are said to be. The man at home or abroad very naturally will not pay top prices for a tin of scraps or second‐rate stuff if he can help it. A compromise was then brought about to which exception might conceivably be taken on theoretical as well as on practical grounds by those whom we may call food purists, but the spirit of compromise has often been the saviour of Anglo‐Saxon civilisation and vested interests. It was so in this case. The Mc‐Nary Mapes Amendment to the Food and Drugs Act was at the instance of the more reputable packing houses applied to the trade of canned fruits and vege tables. By the terms of this amendment sub‐standard material may be marketed, but it must be clearly labelled as such in order that the consumer may at least receive a warning as to the real nature of the stuff he is buying. “ Below United Stales standard. Low quality, but not illegal.” Caveat emptor ! At first the canned fruit trade had not been affected by this amendment, which applied to other kinds of canned foods, but in July of 1931 the canning industry was given an official grading service under the Federal Government, the Department of Agriculture being made responsible for its administration. Grading offices are now being established in various parts of the States. A canner may on application to the Secretary of Agriculture submit samples either drawn by himself, or by an officer of the Department, or by an official sampler. The Department will then, after examination, issue a certificate of grade. This certificate has the important property of “ being admissible in all Courts of the United States as primâ facie evidence of the truth of the statements contained therein.” It is hardly necessary to point out how useful such a document proves in the case of legal actions, or to the wholesale buyer or agent. The canners, buyers and warehousemen, we are told, support the idea enthusiastically, and it seems that it is only a question of time before all canned fruits and vegetables will be officially standarised and graded. One result of the amendment is that before a grade certificate is issued the contents of the tin must be proved to be tender and well cooked. This in addition to quality in other respects and to fill of can. The apparatus used to determine this is essentially a mercury‐loaded steal plunger of given diameter working in a vertical collar. The point of the plunger is brought into contact with a specimen of the fruit to be tested. The plunger is loaded. The fruit being at length penetrated by the plunger. The combined weight of plunger, flask and mercury needed to bring this about being a measure of the tenderness of the fruit.
The environment surrounding U.S. higher education has changed substantially over the past 40 years. However, we have a limited understanding of what these changes mean for the…
Abstract
The environment surrounding U.S. higher education has changed substantially over the past 40 years. However, we have a limited understanding of what these changes mean for the higher education organizations (HEOs) that occupy this organizational field. In this paper, I use descriptive statistics and multilevel latent class analysis (MLCA) to analyze the financial behaviors of public four-year HEOs from 1986 to 2010 to evaluate how HEOs adapt financially to their changing environments. I advance the current conceptual and empirical understanding of public HEO behaviors by evaluating how public HEOs utilize combinations of revenue and spending streams to accomplish their mission and the extent to which the revenues and spending patterns of these institutions are related. Descriptive results confirm the shift away from state funding toward tuition revenues and the relative stability in spending patterns. MLCA results, which allow for the investigation of how combinations of revenue and spending streams work together, indicate that public HEOs are changing the combinations of revenues they rely on in different ways, revealing multiple specific pathways for how public HEOs adapt to their changing environments. The spending profiles, in contrast, remain stable with only a few HEOs changing their profile over time. I argue that the loose coupling between revenues and spending and discontinuity in their patterns of change over time suggests that public HEOs are able to establish a buffer between their environment and spending or activities that allows them to continue engaging in the same broad set of activities despite environmental changes.
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Nigel Purves, Scott James Niblock and Keith Sloan
The purpose of this paper is to explore the relationship of non-financial and financial factors to firm survival, provide evidence of factors related to financial success and…
Abstract
Purpose
The purpose of this paper is to explore the relationship of non-financial and financial factors to firm survival, provide evidence of factors related to financial success and distress for prominent Australian agricultural firms, and improve the predictive capacity of financial failure models.
Design/methodology/approach
The paper utilizes mixed method exploratory case studies across four Australian agricultural firms (two successful and two failed) listed on the Australian Securities Exchange.
Findings
The authors found that the use of an Integrated Multi-Measured approach provided a higher classification rate for the failed group than those provided by an individual measure. We also discovered that non-financial factors associated with the agricultural organizations studied impacted their success or failure. These factors included managements’ involvement in organizational strategy and the composition of the board of directors. It was also apparent that management decision-making approaches may become frozen, or at best restricted, in the face of impending failure, dependent upon the stress level within the organization and the management skill base.
Practical implications
The cases studied indicated that non-financial factors of failure occurred prior to any financial predictors, intuitively indicating a relationship between non-financial and financial factors in Australian agricultural firms.
Originality/value
The identification of financial and non-financial factors and sound internal processes which distinguish successful and failing firms can be utilized for the development of an early warning predictor of organizational success or failure.
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Numerous problems have arisen in the application of freezing methods to the various types of food products. One problem is concerned with the determination of the direct effects…
Abstract
Numerous problems have arisen in the application of freezing methods to the various types of food products. One problem is concerned with the determination of the direct effects of low temperatures upon the food itself and another problem is to determine the effects of low temperatures upon other factors which may in turn affect the quality of the food. We are especially interested in knowing the exact effects of freezing and other low temperatures upon the micro‐organisms associated with foods. Bacteria constitute the most significant group of micro‐organisms affecting the sanitation and keeping qualities of foods. Those bringing about the decomposition of food products, while they are many and vary greatly, depending upon the nature of the food, are chiefly organisms from the air, water and soil. The types of bacteria found in foods vary greatly in their action on the food and also in reaction or response to varying temperature conditions. The action of micro‐organisms on foods of high carbohydrate content results in fermentations, while the action of the micro‐organisms on foods of high protein content will result, chiefly, in putrefactive changes. The former type of change usually occurs at a more rapid rate, when conditions are favourable, but the latter change usually results in a more undesirable condition of the food. While certain types of bacteria grow best at temperatures well above human body temperatures and others even as low as the freezing point of water, a large majority of those found in foods and the ones normally responsible for the detrimental changes in foods, are active only between 50° and 100° F. It is this latter group which is most implicated in food spoilage and it is significant that this group will be most effectively suppressed by low temperatures. Bacteria are much less affected by low than by high temperatures. Cold alone does not kill most types of bacteria, but slows down their activities to such an extent that they multiply very slowly, if at all. Many bacteria will die off, however, when held at a temperature below that which permits growth and reproduction. Bacteria, generally speaking, will be more easily killed when frozen in pure water than when frozen in foods containing albuminous matter and fats. There are a few bacteria of the cold‐loving type, which may actually multiply and cause slow decomposition at temperatures of 0° C. or less, if substances in solution are present to depress the crystallising point of water. Cold not only retards the growth of bacteria by the direct physiological effect of slowing down the rate of metabolism, but also depresses bacterial activity through its effect on their water and food supplies. Bacteria cannot grow and multiply in a completely frozen or crystallised medium, since they are by nature aquatic and are unable to carry on their normal activities except in a liquid medium. There is no evidence that bacteria maintain a body temperature which would make water available from a completely frozen medium. Bacteria may only utilise food when it is in soluble form, and thus capable of diffusion through their semipermeable cell membranes. When the temperature is sufficiently low to cause the crystallisation of most of the water, the remaining constituents become relatively more concentrated and this will further suppress the activity of the bacterial cells by affecting their osmotic pressures. These effects are very similar to those of partial desiccation or drying. In the course of experimentation some very striking examples of bacterial resistance to low temperatures have been reported. Lactobacillus and aerobacter have been reported to survive in peas stored at −10° C. for two years; whilst bacteria of the genus Pseudomonas were reported to increase in numbers when stored at −4° C. In general it may be said that practically all pathogenic bacteria likely to be found in foods will die off rather rapidly at low temperatures. However, this should not be interpreted to mean that infected foods can be made safe by low temperatures alone. Among the disease producing bacteria transmitted through foods, those of special significance include the organisms and toxins of botulism, typhoid fever, the several organisms of food poisoning called ptomaine poisoning, belonging to the Salmonella group (Salmonella enteritidis, etc.), and various organisms causing infections of the general nature of dysenteries or summer complaints of infants and adults. Frozen foods present no greater threat of botulism than foods preserved by other methods, yet it has been shown that Clostridium botulinum spores may survive freezing at −16° C. for as long as 14 months. The vegetables when thawed become toxic in from three to six days. Experiments have shown that Clostridium botulinum in foods preserved by “quick freezing” and subsequent storage at temperatures below 10° C., show no toxin production for at least 30 days. The lower the temperature of storage the greater the protection against botulism. All foods in which Clostridium botulinum might be present, and which have not been thoroughly heated, should be refrigerated at or near the freezing point. All foods which may harbour the botulism organisms or toxins should be selected with special care, before they are frozen, and care should be taken to see that they are kept frozen until used by the customer. Frozen vegetables should be used immediately after thawing. Thawing and refreezing is always objectionable since such a practice leads to loss of quality, and since bacterial growth and activity may occur during the period of thawing. While the typhoid organisms (Eberthella typhosa) shows considerable variation in resistance to low temperatures, it has been shown that about 99 per cent. will be killed immediately by freezing. Temperatures below freezing apparently have little more effect than the freezing point temperature. Small numbers of the Salmonella and similar organisms of the food poisoning groups may survive in frozen foods for periods of several weeks. It has been shown, however, that no significant growth of activity of these organisms will occur if the foods are refrigerated at 5° C. (41° F.) or less. Moulds and yeasts are of relatively little importance in frozen foods, both from the standpoint of sanitation and food spoilage. While low temperatures will materially retard the rate of enzymatic changes within food products, there is evidence that such changes continue to take place in frozen foods, even considerably below the freezing point. These changes probably account, in part, for the fact that frozen foods once thawed, will decompose more rapidly than foods which have not been frozen.
Steven W. Hartley and James Cross
Expenditures for sales promotion activities have increased dramatically during the past decade. Along with this added emphasis, however, have come some undesirable effects. This…
Abstract
Expenditures for sales promotion activities have increased dramatically during the past decade. Along with this added emphasis, however, have come some undesirable effects. This article considers some of the key issues that influence sales promotion decisions. It describes current sales promotion activities, identifies some of the negative consequences of these activities, introduces a cost‐benefit philosophy for sales promotion decisions, and proposes a specific method for making those decisions.
LIBRARIANS in Britain stand at the threshold of great possibilities. Having passed through the ages of the ecclesiastical library, the rich collector's private library, the…
Abstract
LIBRARIANS in Britain stand at the threshold of great possibilities. Having passed through the ages of the ecclesiastical library, the rich collector's private library, the academic institutional library, and the rate‐supported public library—all general libraries —they have reached the age of the special library. The next will be that of the co‐ordinated, co‐operative library service.
John P. Portelli and Soudeh Oladi
The post-truth moment comes at a time of deference for epistemic authority, which has serious implications for democracy. If democracy implies an epistemology, attempting to live…
Abstract
The post-truth moment comes at a time of deference for epistemic authority, which has serious implications for democracy. If democracy implies an epistemology, attempting to live a democratic way of life implies a theory about the nature of knowledge among other theoretical aspects (e.g. political and ethical). At the time of ‘fluid modernity’, the post-truth politics of renouncing truth damages the foundations of democracy, for how could we proceed with a democratic way of life without truth as a common denominator for deliberation? While a defining feature of the post-truth era is its intrinsic relativism, Gellner (2013) warns this could lead to ‘cognitive nihilism’. Thus, it is imperative to (i) find our way back to reasonableness (based on both reason and emotions) based on a Freirean dialogic middle ground, instead of renouncing truth (that is any notion of truth), and (ii) critically discuss possibilities for various approaches to truth-seeking. While it is important to question the foundation and reasonableness of truth, two crucial issues arise: which theory of knowledge and whose theory of knowledge should be accepted as the epistemological basis of truth? Moreover, this chapter will argue that a more plausible notion of truth is neither one that is based on intrinsic objectivity nor intrinsic relativism, but one that is based on the relationship between objectivity and subjectivity; that is a relational (nor relative) and dialectic understanding of truth which does not rule out the existence of facts but questions the political constructs of facts. The final section of the chapter focuses on the application of the understanding of truth as a relational dialogical epistemology. While arguing for a dialogical theory of truth, the chapter also problematizes the predominant view of evidence-based research and policy and offers an in-depth discussion of how our understanding of the relational dialogical notion of truth can be utilized in the analysis of cases involving pro-active discrimination and affirmative action.