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Full-Text Articles in Law
Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes
Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes
Faculty of Law, Humanities and the Arts - Papers (Archive)
Every year thousands of young people across Australia audition to join actor-training institutions.1 In major cities, as well as the existing university-based performing arts degrees, independent institutions have proliferated, teaching acting via full-time, part-time and short courses.2 Yet the Bureau of Statistics reveals that the number of Australians claiming to earn a living from the performing arts is low.3 Whilst parents often caution their teenage school leavers against University courses in the performing arts, the numbers applying have not dropped in response to the reality of the career outcomes, as would be expected. This paper suggests a phenomenological approach to …
Employment Of Graduates Of Japanese Language, Rowena G. Ward
Employment Of Graduates Of Japanese Language, Rowena G. Ward
Faculty of Law, Humanities and the Arts - Papers (Archive)
An underlying assumption behind the former Australian Federal Labor Government's 2012 Asian Century White Paper was that language skills were not only important for Australia's future engagement with its regional neighbours but would also lead to employment opportunities. Yet, little research has been undertaken into the employment of graduates with majors in languages, irrespective of the language. This paper discusses the results of an online survey on the use of their Japanese language in employment by graduates who undertook a major or a minor in Japanese language between 2008 and 2012. The results discussed here focus on the questions which …
Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima
Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady
3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady
Faculty of Law, Humanities and the Arts - Papers (Archive)
This project explores the potential for 3D modelling and printing to create customised flutes that can play music in a variety of microtonal scales. One of the challenges in the field of microtonality is that conventional musical instruments are inadequate for realising the abundance of theoretical tunings that musicians wish to investigate. This paper focuses on the development of two types of flutes, the recorder and transverse flute, with interchangeable mouthpieces. These flutes are designed to play subharmonic microtonal scales. The discussion provides an overview of the design and implementation process, including calculation methods for acoustic modelling and 3D printing …
Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow
Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article provides an analysis of the Australian 'Twin Peaks' model of financial system regulation. It does so by examining the theoretical underpinnings of Twin Peaks, and investigates the crucial question of the jurisdictional location of the prudential regulator. This includes a description of how Twin Peaks functions and its strengths and weaknesses. The article argues that while Twin Peaks is the best solution to the problem of regulating for financial system stability and consumer protection, it is nonetheless imperfect to the task, and susceptible to failures.
Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy
Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy
Faculty of Law, Humanities and the Arts - Papers (Archive)
Since the fi rst wave of law-and-economics scholarship in the United States in the early 1970s, scholars have spent a tremendous amount of time trying to come to grips with tort law from a theoretical perspective. Richard Posner was on the crest of that wave, and his voluminous writings 1 revolutionised how tort law is understood. He contended that tort law (as well as the law generally) is best explained on the ground that it maximises societal wealth. Posner, writing together with William Landes, asserted that ' the common law of torts ' should be accounted for ' as if …
Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose
Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose
Faculty of Law, Humanities and the Arts - Papers (Archive)
Since the adoption of an "open door" economic policy in 1986, drug trafficking in Vietnam has increased significantly. In 1997, Vietnam ratified the three UN drug control conventions and launched efforts to bring its national laws into line with them. As a newcomer to these international standards, Vietnam lacked experience in developing laws to combat drug trafficking. Fifteen years on, how well does Vietnamese legislation comply with the international requirements? How could compliance and, more broadly, the relevant legislation be improved? The first part of this paper draws a picture of drug trafficking in Vietnam since the "open door" economic …
Reflections On Censorship, Brian Martin
Reflections On Censorship, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Sue Curry Jansen's book Censorship: The Knot that Binds Knowledge and Power was published in 1988. I only discovered it several years later, and was immediately impressed. Normally, censorship is thought of as a government restriction on information, for example in dictatorships or during wartime. Therefore, most of the concerns expressed about censorship - including condemnations, justifications and discussions - are about governments. Sue took a broader view, seeing corporate power as a key driver of censorship: keeping some sorts of information confidential can serve the interests of corporations, and likewise certain sorts of knowledge claims are threatening to them. …
Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis
Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis
Faculty of Law, Humanities and the Arts - Papers (Archive)
There is ample evidence of systematic cruelty and regulatory failure with which to justify the New South Wales government's decision to ban greyhound racing. But this is a single industry in a single state - if we step back and look at the wider picture we see a telling lack of consistency in animal welfare policy and practice around the nation.
Defences In Unjust Enrichment: Questions And Themes, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith
Defences In Unjust Enrichment: Questions And Themes, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith
Faculty of Law, Humanities and the Arts - Papers (Archive)
This book is the second in a series of four that is concerned with defences to liability arising in private law. We felt, and still feel, that the topic has not received the attention that it deserves. 1 We are not alone in holding this view. 2 By contrast, defences have dominated the research agendas of many scholars of the criminal law.3 The asymmetry in attention to defences in these different fields is striking in part because of the apparent parallels between the two domains. For instance, the distinction in private law between causes of action and defences arguably mirrors …
Linebaugh: Metaphors, Rebellion, And Socialist Dreaming, Rowan Cahill
Linebaugh: Metaphors, Rebellion, And Socialist Dreaming, Rowan Cahill
Faculty of Law, Humanities and the Arts - Papers (Archive)
Writing in 1896, not long before his death, indefatigable socialist thought-maker and dreamer William Morris wrote that May Day is “above all days of the year fitting for the protest of the disinherited against the system of robbery that shuts the door betwixt them and a decent life” – and that system was capitalism. On another matter, the previous year he published a letter trenchantly criticising ‘experts’ and their plans to cull, tame and ‘manage’ the remnants of Epping Forest. This letter reflected an ecological awareness well ahead of the time, Morris cognizant of the complex unities of nature, the …
Unclear About Fairness, Australia's Major Parties Focus On Expediency, Gregory C. Melleuish
Unclear About Fairness, Australia's Major Parties Focus On Expediency, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
Both of Australia’s major parties have variously used “fairness” to describe key policies and in their election pitches. Labor leader Bill Shorten emphasised the concept in Sunday’s first leaders’ debate, while Treasurer Scott Morrison said the superannuation changes announced in the May budget were done in the name of fairness.
"Good Relationships Mean Good Lives": Warrior-Survivor Identity/Ies In David Alexander Robertson's 7 Generations, Debra L. Dudek
"Good Relationships Mean Good Lives": Warrior-Survivor Identity/Ies In David Alexander Robertson's 7 Generations, Debra L. Dudek
Faculty of Law, Humanities and the Arts - Papers (Archive)
David Alexander Robertson's graphic novel 7 Generations: A Plains Cree Saga，illustrated by Scott B. Henderson，moves backwards and forwards through and overlaps time in order to connect remembered stories and current experiences to Indigenous identities in Canada. This graphic novel，rendered in colour，was first published as four individual black-and-white comics with coloured covers: Stone，Scars，Ends/ Begins，and The Pact. The series follows the protagonist，Edwin，as he listens to the stories his mother and father tell him about his Plains Cree ancestors and family in order to help him heal after his attempted suicide. Although the stories embody the personal histories of Edwin's …
Pit Covers And Other Things Under Foot, Ian C. Willis
Pit Covers And Other Things Under Foot, Ian C. Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
Utilities like electricity, water, gas, sewerage, communications and others are essential in any community. Camden has acquired the utilities as time has progressed over the past 150 years to the present. Argyle Street has a number of utilities buried beneath the street and footpaths. Their histories provide a valuable insight into the town's development and progress, particularly in the 20th century. The arrival of electricity, gas and water were part of Camden modernism and its influence on the town. Each of these utilities has transnational origins well beyond the township and illustrate the linkages between the town and wider world. …
Marine Science And Technology Transfer: Can The Intergovernmental Oceanographic Commission Advance Governance Of Biodiversity Beyond National Jurisdiction?, Harriet Harden-Davies
Marine Science And Technology Transfer: Can The Intergovernmental Oceanographic Commission Advance Governance Of Biodiversity Beyond National Jurisdiction?, Harriet Harden-Davies
Faculty of Law, Humanities and the Arts - Papers (Archive)
Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea. The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources …
The Wondrous (Baroque) Gender Revolution, Or The Rise And Fall Of The Empire Of Fairies, Luis Gomez Romero
The Wondrous (Baroque) Gender Revolution, Or The Rise And Fall Of The Empire Of Fairies, Luis Gomez Romero
Faculty of Law, Humanities and the Arts - Papers (Archive)
The essay which follows is mainly concerned with how the history of ideas on norms, justice and power is shaped by the stories we tell and how we tell them. It specifically addresses the normative codes introduced into Western imaginaries by the raise of the literary fairy tale in France during the late seventeenth century. In both their oral and literary varieties, wonder fairy tales (Zaubermärchen or contes merveilleux) have constantly charted and undermined the contours of our cultural and political realities by escaping or retreating from them.³ The merveilleux genre allowed the first writers of fairy tales to act …
Tattoos, Paula Arvela
Tattoos, Paula Arvela
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Te Arewhana Kei Roto I Te Ruma: An Indigenous Neo-Disputatio On Settler Society, Nullifying Te Tiriti, 'Natural Resources' And Our Collective Future In Aotearoa New Zealand, Hemopereki Simon
Faculty of Law, Humanities and the Arts - Papers (Archive)
This practice-research based article explores the relationship between mana motuhake and white patriarchal sovereignty in Aotearoa New Zealand, focusing on Ngāti Tūwharetoa as a case study. It seeks to find the relevance of Aboriginal academic Aileen Moreton-Robinson's white possessive doctrine to the Aotearoa New Zealand context. In particular, it highlights the racist nature of the law and planning systems and their inadequacies to provide for hapū and iwi. It provides a key theoretical analysis regarding the nature of white patriarchal sovereignty in Aotearoa and the need of the state to appear virtuous, to continue the legacy that started with the …
Who's Got The Power?, Sharon Beder
Who's Got The Power?, Sharon Beder
Faculty of Law, Humanities and the Arts - Papers (Archive)
Electricity service is essential to modern life, yet the struggle to keep electricity within democratic control is being lost. Electricity systems are being progressively sold off and deregulated as if they were simple commodities in the market place, and decisions about electricity supply and distribution are being relegated to market forces.
Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew
Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew
Faculty of Law, Humanities and the Arts - Papers (Archive)
The peoples of the Pacific region live across a vast swathe of the world's largest ocean, mostly on isolated islands and atolls. The region includes countries that are highly vulnerable to the effects of climate change and natural disasters.
Coal Was King Of The Industrial Revolution, But Not Always The Path To A Modern Economy, Simon Ville
Coal Was King Of The Industrial Revolution, But Not Always The Path To A Modern Economy, Simon Ville
Faculty of Law, Humanities and the Arts - Papers (Archive)
As the world moves to combat climate change, it's increasingly doubtful that coal will continue to be a viable energy source, because of its high greenhouse gas emissions. But coal played a vital role in the Industrial Revolution and continues to fuel some of the world's largest economies. This series looks at coal's past, present and uncertain future, starting today with how it's formed.
What's Gender Solidarity Got To Do With It? Woman Shaming And Hillary Clinton, Sharon Crozier-De Rosa
What's Gender Solidarity Got To Do With It? Woman Shaming And Hillary Clinton, Sharon Crozier-De Rosa
Faculty of Law, Humanities and the Arts - Papers (Archive)
Shame has its hands all over the US presidential campaign, whether through slut-shaming, fat-shaming, vote-shaming or just plain old Hillary-shaming.
Neoliberalism, Massification And Teaching Transformative Politics And International Relations, Susan N. Engel, Dan Halvorson
Neoliberalism, Massification And Teaching Transformative Politics And International Relations, Susan N. Engel, Dan Halvorson
Faculty of Law, Humanities and the Arts - Papers (Archive)
'Massification' describes the significant increase in the proportion of the global population seeking tertiary qualifications. It is a defining feature of the global international education sphere and is often seen as linked to negative outcomes such as declining academic standards and increasing managerialism in universities. Massification, however, is not wholly or even mostly a negative for the generations of new students who now have access to tertiary education. Education can still be a transformative experience for students exposed to a rich learning environment. The question this symposium raises is how the disciplines of politics and international relations can ensure they …
Introducing A Special Issue On Rescuing Taste From The Nation: Oceans, Borders, And Culinary Flows, Cecilia Y. Leong-Salobir, Krishnendu Ray, Jaclyn Rohel
Introducing A Special Issue On Rescuing Taste From The Nation: Oceans, Borders, And Culinary Flows, Cecilia Y. Leong-Salobir, Krishnendu Ray, Jaclyn Rohel
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper introduces a special issue on "Rescuing Taste from the Nation: Oceans, Borders, and Culinary Flows." It examines culinary linkages and sensory geographies across national boundaries, and highlights alternative spatial configurations of taste. From the politics of tea to the transnational pathways of turtle soup, papers attend to culinary cultures, systems of preparation, and forms of knowledge that escape or challenge a strictly national circumscription.
Agnosis In The University Workplace, Andrew M. Whelan
Agnosis In The University Workplace, Andrew M. Whelan
Faculty of Law, Humanities and the Arts - Papers (Archive)
One significant, tangible and interesting challenge for the privatised university is its impedance of particular forms of effective engagement and action in teaching and research, notably with respect to inequities in the broader social context, and the position of the university within that context. In the face of significant resource constraints (themselves the outcome of complex political and economic dynamics) intersecting organisational imperatives toward competition, administrative accountability, unilateral managerial style and 'best foot forward' promotional culture combine to produce a particular lack in socio-political epistemology, referred to here as bad faith 'not-knowing', or ignorance. A central paradox is that, although …
The Classical Canon And/As Transformative Work, Ika Willis
The Classical Canon And/As Transformative Work, Ika Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
When Transformative Works and Cultures launched in 2008, with its focus on "transformative works, broadly conceived," my first thought, as a Classical reception scholar— that is, someone who studies transformative adaptations and rewritings of ancient Greek and Roman literary texts in the post-Classical period—was that this journal would be an ideal venue for exploring and expanding notions of transformative work by analyzing practices of transformation comparatively, across different cultural, historical, and material contexts. Eight years later, I am delighted to be editing this special issue on the relationships between Classical literature (and its afterlives) and contemporary fan work.
Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin
Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin
Faculty of Law, Humanities and the Arts - Papers (Archive)
In Australian universities, non-Indigenous educators teaching Indigenous studies and/or Indigenous content must engage critically with anti-colonialism, not simply as lip service to syllabus content, but also, as an ethical consideration whereby consultation and collaboration with Indigenous scholars must necessarily direct praxis. Such an engagement might be referred to as a 'critical alliance': an engagement with Others about whom we are speaking that forms the basis for an ethical relationship. A 'critical alliance' with Others seeks always to undermine the colonial relations of power that discursively position both Indigenous and non-Indigenous subjects. This paper explores what such an alliance might 'look …
Pain, Politics And Volunteering In Tourism Studies, Ryan Frazer, Gordon R. Waitt
Pain, Politics And Volunteering In Tourism Studies, Ryan Frazer, Gordon R. Waitt
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper is an ethnography of how six Australian volunteers experience a house-build project in the Philippines. Contingencies of empathic pain arising from the living conditions of those they aimed to help were felt through their bodies. Drawing on Sara Ahmed's ideas on pain enabled us to explore the politics of volunteer tourism. We suggest the intensification of volunteers' empathic pain constitute ambivalent spaces. In some volunteering contingencies, pain led to a blurring of conventional boundaries of 'them' and 'us', giving priority to difference over dominance. In others, volunteers reproduced dominant understandings of volunteering that mobilised neoliberal and colonial discourses. …
Yoko Ono's Magical Thinking, Vera C. Mackie
Yoko Ono's Magical Thinking, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Western Jihadist Threats To The Military, Samuel J. Mullins
Western Jihadist Threats To The Military, Samuel J. Mullins
Faculty of Law, Humanities and the Arts - Papers (Archive)
In a recent high-profile terrorism case in the U.K., a British-born ISIS sympathizer named Junead Khan was convicted for plotting to attack and kill U.S. military personnel stationed in Britain.[1] His plan was to ram into a vehicle carrying American soldiers and then behead the incapacitated victims. Had police intervened at any point, the intention was to detonate a pressure cooker bomb, committing suicide in the process and maximizing the number of casualties. Far from being an isolated case, this is just one of a long list of attacks on military personnel which have been planned and sometimes executed by …