Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 114

Full-Text Articles in Law

Servant Mobilities Between Fiji And New Zealand: The Transcolonial Politics Of Domestic Work And Immigration Restriction, C.1870-1920, Frances Steel Jan 2018

Servant Mobilities Between Fiji And New Zealand: The Transcolonial Politics Of Domestic Work And Immigration Restriction, C.1870-1920, Frances Steel

Faculty of Law, Humanities and the Arts - Papers (Archive)

In the late nineteenth and early twentieth centuries, Europeans travelling beyond Fiji were often accompanied by Melanesian, Indian or Indigenous Fijian servants. Occasionally, families resident in the Australasian settler colonies also hired servants, mostly men, from Fiji. This article traces such patterns of transcolonial domestic labour mobility, and highlights instances of servants challenging employer controls and seeking out more autonomous futures. Viewed together, these fragmentary histories suggest possibilities for juxtaposing and integrating temporary, short-term and circular transcolonial mobilities that tend to be overlooked in nation-centred histories of immigration and colonial domesticity.


Size Matters: Class Numbers And The Creative Writing Workshop, Shady E. Cosgrove Jan 2018

Size Matters: Class Numbers And The Creative Writing Workshop, Shady E. Cosgrove

Faculty of Law, Humanities and the Arts - Papers (Archive)

With heightened funding pressures on Australian universities, academics are being placed under more pressure to increase class sizes. Creative writing workshops, where students provide feedback on each other's creative work, can be rigorous and demanding sites for teachers in ways that differ from 'traditional' classroom settings. This article surveys critical research on class sizes and the workshop model, as well as third-year University of Wollongong creative writing student perspectives, arguing that the in-person workshop model, while imperfect, remains vital to the discipline of creative writing. When successful, it can teach students the technical elements of craft as well as the …


"Stir Up The Australian Youth To Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) And The Theatrical Transmutability Of Law's Texts, Marett Leiboff Jan 2018

"Stir Up The Australian Youth To Merriment": A Midsummer Night's Dream, Summer 1989-1990 (Sydney, Australia) And The Theatrical Transmutability Of Law's Texts, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.


Introduction: On The Critical Importance Of Colonial Formations, Jane L. Carey, Frances Steel Jan 2018

Introduction: On The Critical Importance Of Colonial Formations, Jane L. Carey, Frances Steel

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 1921 the National Geographic Magazine published a special issue on 'The Islands of the Pacific'. Richly illustrated with photographs, as was the hallmark of the magazine, the issue also featured a map produced as a special colour supplement (see Figure 1). In his introductory essay for the edition, J.P. Thomson, C.B.E., LL.D., who was the Honorary Secretary and Treasurer of the Royal Geographical Society of Australasia, referred readers directly to this map, so they might situate themselves within what he assumed would be an unfamiliar geography for most. He also included a detailed written description of 'this Polynesian Empire, …


Science And The Management Of Coral Reefs, Richard Kenchington Jan 2018

Science And The Management Of Coral Reefs, Richard Kenchington

Faculty of Law, Humanities and the Arts - Papers (Archive)

Increasing accessibility of coral reefs from the latter third of the 20th century led quickly to recognition of the vulnerability of coral reef communities to a combination of direct and indirect human impacts. Coral reefs are confronted by the stark threats of climate and ocean changes from the increasing number, intensity and forms of human use impacting global and marine systems. Management, particularly of accessible coral reefs, occurs in the context of multiple scale transboundary water column linkages of lifecycle processes and increasing human use of coastal and marine space. Four decades of experience have demonstrated the combined importance of …


'Captured By Evils' - Combatting Black Money, Corruption And Money Laundering In Bangladesh: The Dog Must Bark To Keep Predators Away', S M. Solaiman Jan 2018

'Captured By Evils' - Combatting Black Money, Corruption And Money Laundering In Bangladesh: The Dog Must Bark To Keep Predators Away', S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Purpose: The purpose of this paper is to demonstrate that the recurrent amnesties to black money holders (BMHs) in Bangladesh have not benefited the national economy, rather have increased corruption and money laundering, and that offering further opportunity to whiten back money as recommended by the Anti-Corruption Commission of Bangladesh will do more harm than good.

Design/methodology/approach: This research relies on both primary and secondary materials adopting an archival analysis of the existing literature.

Findings: The major findings include the following: the recurrent amnesties to BMHs have damaging impacts on corruption and money laundering in Bangladesh; the Anti-Corruption Commission of …


How Trump's Nafta Renegotiations Could Help Mexican Workers, Luis Gomez Romero Jan 2018

How Trump's Nafta Renegotiations Could Help Mexican Workers, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Trump has attacked NAFTA, saying that cheap, under-regulated Mexican labor hurts American workers. If he's right, then NAFTA negotiations could be a chance to push Mexico on workers' rights.


Amnesty For Drug Traffickers? That's One Mexican Presidential Candidate's Pitch To Voters, Luis Gomez Romero Jan 2018

Amnesty For Drug Traffickers? That's One Mexican Presidential Candidate's Pitch To Voters, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Mexico's presidential front-runner wants to end violence in Mexico by pardoning drug traffickers and corrupt officials. Some 235,000 people have died in the country's 11-year cartel war.


Mexico's Next President Likely To Defy Trump On Immigration, Luis Gomez Romero Jan 2018

Mexico's Next President Likely To Defy Trump On Immigration, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Mexico elects a new president on July 1. Frontrunner Andrés Manuel López Obrador says Trump's immigration policy is 'arrogant, racist and inhuman' and that he won't do the US's 'dirty work' anymore.


Mexico Elects A Leftist President Who Welcomes Migrants, Luis Gomez Romero Jan 2018

Mexico Elects A Leftist President Who Welcomes Migrants, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Leftist Andrés Manuel López Obrador, a former Mexico City mayor and career outsider, won Mexico's July 1 presidential election in a landslide. The US-Mexico relationship is about to change.


Analysis Of A Beat-Up: The Structuring Of A Sensational Media Story, Brian Martin Jan 2018

Analysis Of A Beat-Up: The Structuring Of A Sensational Media Story, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Media beat-ups are sensationalised stories that greatly exaggerate or misrepresent the significance of otherwise unremarkable events or issues. To illustrate how beat-ups can be analysed, a front-page story in Sydney's Daily Telegraph newspaper is examined in terms of its venue, the journalist and the content of the story. The features of a beat-up may be less arbitrary than they appear on the surface.


Andrés Manuel López Obrador Was Elected To 'Transform' Mexico. Can He Do It?, Luis Gomez Romero Jan 2018

Andrés Manuel López Obrador Was Elected To 'Transform' Mexico. Can He Do It?, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Mexico's leftist president-elect made many strange bedfellows to win the 2018 race, including business moguls, evangelicals and Marxists. How this motley new party will run Mexico is anyone's guess.


If There's One Thing Pacific Nations Don't Need, It's Yet Another Infrastructure Investment Bank, Susan N. Engel Jan 2018

If There's One Thing Pacific Nations Don't Need, It's Yet Another Infrastructure Investment Bank, Susan N. Engel

Faculty of Law, Humanities and the Arts - Papers (Archive)

If Scott Morrison was looking for a way to prove Australia is a good neighbour to Pacific nations, he could hardly have chosen a worse option. Looking for a policy to combat both China and his domestic Opposition, the Australian prime minister last week announced a plan involving billions of dollars for Pacific nations. Billions of dollars in loans, that is.


Protecting Internally Displaced Persons: The Role Of National Legislation And Policies, Philip C. Orchard Jan 2018

Protecting Internally Displaced Persons: The Role Of National Legislation And Policies, Philip C. Orchard

Faculty of Law, Humanities and the Arts - Papers (Archive)

With over forty million conflict-induced internally displaced persons globally, how the international community provides them with protection and assistance has become a critical issue. A core part of this response has been built around the Guiding Principles on Internal Displacement, first introduced in 1998. The Guiding Principles provide a comprehensive set of durable solutions for IDPs and have been widely recognized at the international level, incorporated into regional law, and introduced in a range of domestic laws and policies. Such efforts at the domestic level should rightly be lauded, however this is only the first step. While some forty States …


The Simpsons Do The Nineties, Renee Middlemost Jan 2018

The Simpsons Do The Nineties, Renee Middlemost

Faculty of Law, Humanities and the Arts - Papers (Archive)

Now in its thirtieth season, in 2018, The Simpsons is a popular culture phenomenon. The series is known as much for its social commentary as its humour and celebrity appearances. Nonetheless, The Simpsons' ratings have declined steadily since the early 2000s, and fans have grown more vocal in their calls for the program's end. This article provides a case study of episode "That 90s Show" (S19, E11) as a flashpoint that exemplifies fan desires for the series' conclusion. This episode is one of the most contentious in the program's history, with online outrage at the retconning of canon and both …


Law And Order Is No Get-Out-Of-Jail Card For Floundering Politicians, Luke J. Mcnamara, Julia Quilter Jan 2018

Law And Order Is No Get-Out-Of-Jail Card For Floundering Politicians, Luke J. Mcnamara, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

With confidence in politicians at an all-time low, it would be easy to assume criminal law-making is only ever about "law and order" bidding and winning elections. For example, when it emerged that Hassan Khalif Shire Ali was on bail when he killed one man and injured two others in Bourke Street, Melbourne, on November 9, the Victorian opposition reiterated its plan for a "one strike and you're out" bail system. This was classic law and order politics - though it didn't produce the result Victorian Liberal leader Matthew Guy had hoped.


The Extended Mind: State Of The Question, Shaun Gallagher Jan 2018

The Extended Mind: State Of The Question, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers (Archive)

It has been twenty years since Clark and Chalmers published "The Extended Mind." In the present article I review the development of the extended mind hypothesis across what some proponents have defined as three theoretical "waves." From first-wave extended mind theory, based on the parity principle, to second-wave complementarity, to the third wave, characterized as an uneasy integration of predictive processing and enactivist dynamics, extended mind theorists have faced and solved a number of problems along the way. The fact that the hypothesis continues to spark debate and to generate both new insights and new objections suggests that it continues …


Here's The Seafood Australians Eat (And What We Should Be Eating), Anna K. Farmery, Gabrielle M. O'Kane, Gilly Hendrie Jan 2018

Here's The Seafood Australians Eat (And What We Should Be Eating), Anna K. Farmery, Gabrielle M. O'Kane, Gilly Hendrie

Faculty of Law, Humanities and the Arts - Papers (Archive)

Many Australians are concerned with the sustainability of their seafood. While definitions of sustainability vary, according to government assessments, over 85% of seafood caught in Australia is sustainable. However, just because a fish is sustainably caught, it doesn't make it the most nutritious and healthy option - and vice versa. For the first time, research has investigated the seafood Australians eat in terms of what's best for us and the planet.


Ocean Or Oubliette?, Ian M. Buchanan Jan 2018

Ocean Or Oubliette?, Ian M. Buchanan

Faculty of Law, Humanities and the Arts - Papers (Archive)

There is now enough plastic in the world to wrap the entire planet. Plastic is now so pervasive scientists are saying that it is a new geological marker. And no part of the planet has been more affected by the spread of plastic waste than the ocean. Eventually the things we dispose of will dispose of us. We are suffocating the planet in our toxic waste. The ocean, as vast as it is, has somehow slipped from view-it is used as a dumping ground for all kinds of waste, and it is steadily dying, but no-one seems able to raise …


#Fear&Loathing In Sydney: Law, Justice And The Experience Of Fear In A Hashtag World, Cassandra E. Sharp Jan 2018

#Fear&Loathing In Sydney: Law, Justice And The Experience Of Fear In A Hashtag World, Cassandra E. Sharp

Faculty of Law, Humanities and the Arts - Papers (Archive)

It is now commonplace for political discourse, news reports, and popular fictions to draw on themes of political violence and threats to national and individual security as mechanisms for the perpetuation of fear. Stories (whether fictive or factual) of terrorism, crisis, surveillance, racial stereotyping, and the fallibility of law have become a very real part of the mediated experience of fear for the public, and they provoke a number of questions surrounding complex issues of protectionism, identity, trust, and the conflation of law and justice. It has been argued that such stories are constructed and utilized by key decision-makers as …


Context And Vowel Harmony: Are They Essential To Identify Underlying Word-Final /S/ In Eastern Andalusian Spanish?, Alfredo Herrero De Haro Jan 2018

Context And Vowel Harmony: Are They Essential To Identify Underlying Word-Final /S/ In Eastern Andalusian Spanish?, Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers (Archive)

Eastern Andalusian Spanish has been studied in detail; however, scholars have focused on production and the debate regarding its phonetic and phonological features is still ongoing. This paper analyses Eastern Andalusian Spanish perceptually to establish whether contextual information (articles, numerals, etc.) and vowel harmony are essential to identify underlying word-final /s/. The correct identification of underlying /s/ has been attributed to contextual information and to vowel harmony; however, no perceptual study has been performed to support these claims. A total of 7126 answers from 153 participants across two experiments are analysed to establish whether context and vowel harmony are necessary …


Promoting Learning: What Universities Don't Do, Brian Martin Jan 2018

Promoting Learning: What Universities Don't Do, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Universities seek to promote student learning, but assessment and credentials can undermine students' intrinsic motivation to learn. Findings from research on how people learn, mindsets, expert performance and good health are seldom incorporated into the way universities organise learning experiences.


The Markov Blankets Of Life: Autonomy, Active Inference And The Free Energy Principle, Michael D. Kirchhoff, Thomas Parr, Ensor Palacios, Karl Friston, Julian Kiverstein Jan 2018

The Markov Blankets Of Life: Autonomy, Active Inference And The Free Energy Principle, Michael D. Kirchhoff, Thomas Parr, Ensor Palacios, Karl Friston, Julian Kiverstein

Faculty of Law, Humanities and the Arts - Papers (Archive)

This work addresses the autonomous organization of biological systems. It does so by considering the boundaries of biological systems, from individual cells to Home sapiens, in terms of the presence of Markov blankets under the active inference scheme-a corollary of the free energy principle. A Markov blanket defines the boundaries of a system in a statistical sense. Here we consider how a collective of Markov blankets can self-assemble into a global system that itself has a Markov blanket; thereby providing an illustration of how autonomous systems can be understood as having layers of nested and self-sustaining boundaries. This allows us …


Under Mccormack, The Nationals Need To Accept They Are A Minority And Preserve Their Independence, Gregory C. Melleuish Jan 2018

Under Mccormack, The Nationals Need To Accept They Are A Minority And Preserve Their Independence, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

The demise of Barnaby Joyce as leader of the National Party is an event of considerable importance in the long-term trajectory of Australian politics.


An Activist For All Seasons, Rowan Cahill Jan 2018

An Activist For All Seasons, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

During his lifetime Robert Daniel "Bob" Walshe (1923-2018) was many things, variously factory labourer, soldier, communist, organiser, activist, pamphleteer, teacher, editor, publisher, historian, educationist, environmentalist. He was the author/co-author/editor of some forty books.


Menzies And Howard On Themselves: Liberal Memoir, Memory And Myth Making, Zachary Gorman, Gregory C. Melleuish Jan 2018

Menzies And Howard On Themselves: Liberal Memoir, Memory And Myth Making, Zachary Gorman, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article compares the memoirs of Sir Robert Menzies and John Howard, as well as Howard's book on Menzies, examining what these works by the two most successful Liberal prime ministers indicate about the evolution of the Liberal Party's liberalism. Howard's memoirs are far more 'political', candid and ideologically engaged than those of Menzies. Howard acknowledges that politics is about political power and winning it, while Menzies was more concerned with the political leader as statesman. Howard's works can be viewed as a continuation of the 'history wars'. He wishes to create a Liberal tradition to match that of the …


Can The Basel And Stockholm Conventions Provide A Global Framework To Reduce The Impact Of Marine Plastic Litter?, Karen Raubenheimer, Alistair Mcilgorm Jan 2018

Can The Basel And Stockholm Conventions Provide A Global Framework To Reduce The Impact Of Marine Plastic Litter?, Karen Raubenheimer, Alistair Mcilgorm

Faculty of Law, Humanities and the Arts - Papers (Archive)

The issues resulting from plastic waste in the marine environment have highlighted a general failure to control this pollutant on both land and at sea. The international community is now realising that the increasing growth in the amount of plastic pollution in the ocean is reaching a critical point. This has led to a questioning of the current international governance arrangements for marine litter. The environmental and socio-economic impacts of marine litter are a symptom of policy failures and greater action is required "upstream" by industry on land to reduce these impacts. The Stockholm and Basel Conventions are international binding …


Transcultural Memory And The Troostmeisjes/Comfort Women Photographic Project, Katharine E. Mcgregor, Vera Mackie Jan 2018

Transcultural Memory And The Troostmeisjes/Comfort Women Photographic Project, Katharine E. Mcgregor, Vera Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 2008 and 2009, a Dutch photographer, Jan Banning, and an anthropologist, Hilde Janssen, traveled around Indonesia to document, with photographs and testimonies, survivors of militarized sexual abuse by the Japanese military during the three-year occupation (1942-1945) of the former Dutch colony, the Netherlands East Indies. We argue that the resultant photographic project can best be understood within the framework of the "politics of pity" and the associated genres of representation. The project creators anticipated a cosmopolitan audience that might be moved to action to support the survivors. Yet, as the project was exhibited in different sites, the women's memories …


Grey Networks: The Contradictory Dimensions Of Australia's Immigration Detention System, David A. Neil, Michelle A. Peterie Jan 2018

Grey Networks: The Contradictory Dimensions Of Australia's Immigration Detention System, David A. Neil, Michelle A. Peterie

Faculty of Law, Humanities and the Arts - Papers (Archive)

The notion of dark networks has recently received attention in the literature on policy network analysis. Dark networks are defined as illegal and covert, in contrast to bright networks which are legal and overt. In this article, we suggest a third category - grey networks - which are characterised by their use of secrecy and concealment despite their ostensibly legal status. These networks are subject to contradictory imperatives. They employ methods that cannot be openly acknowledged within the larger legal and social framework in which they function. In this article, we illustrate this concept through an interview-based study of Australia's …


"Vaporwave Is (Not) A Critique Of Capitalism": Genre Work In An Online Music Scene, Andrew M. Whelan, Raphael Nowak Jan 2018

"Vaporwave Is (Not) A Critique Of Capitalism": Genre Work In An Online Music Scene, Andrew M. Whelan, Raphael Nowak

Faculty of Law, Humanities and the Arts - Papers (Archive)

Vaporwave, first emerging in the early 2010s, is a genre of music characterised by extensive sampling of earlier "elevator music," such as smooth jazz, MoR, easy listening, and muzak. Audio and visual markers of the 1980s and 1990s, white-collar workspaces, media technology, and advertising are prominent features of the aesthetic. The (academic, vernacular, and press) writing about vaporwave commonly positions the genre as an ironic or ambivalent critique of contemporary capitalism, exploring the implications of vaporwave for understandings of temporality, memory and technology. The interpretive and discursive labour of producing, discussing and contesting this positioning, described here as "genre work," …