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

Law Commons

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

Articles 1 - 30 of 65

Full-Text Articles in Law

Nano-Sunscreens - A Double-Edged Sword In Protecting Consumers From Harm: Viewing Australian Regulatory Policies Through The Lenses Of The European Union, S M. Solaiman, Jennifer Algie, Shahnaz Bakand, Ronald Sluyter, Vitor Sencadas, Michael L. F Lerch, Xu-Feng Huang, Konstantin K. Konstantinov, Philip J. Barker Jan 2019

Nano-Sunscreens - A Double-Edged Sword In Protecting Consumers From Harm: Viewing Australian Regulatory Policies Through The Lenses Of The European Union, S M. Solaiman, Jennifer Algie, Shahnaz Bakand, Ronald Sluyter, Vitor Sencadas, Michael L. F Lerch, Xu-Feng Huang, Konstantin K. Konstantinov, Philip J. Barker

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

Nanotechnology has the potential to bring about revolutionary changes in manufacturing products, including sunscreens. However, a knowledge gap between benefits and detriments of engineered nano-materials used in sunscreens exists, which gives rise to safety concerns. This article is concerned with the protection of consumers without impairing the embellishment of this promising technology. It is widely argued that the harm associated with nano-sunscreens may only occur under certain conditions related mainly to users skin vulnerability, which can be avoided by informed and careful use of such a product. We thus recognize the need for fostering the growth of nanotech simultaneously with …


The Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara Jan 2018

The Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara

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

Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about ''intoxication'' in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly ''intoxicated.'' It shows that in the absence of legislative guidance on how the task should be approached, courts …


Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths Jan 2018

Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths

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

Non-Indigenous Australian writers face a dilemma. On the one hand, they can risk writing about Aboriginal people and culture and getting it wrong. On the other, they can avoid writing about Aboriginal culture and characters, but by doing so, erase Aboriginality from the story they tell.


Belonging In Time: Australian Women Playwrights In A Changing Landscape', Janys Hayes Jan 2018

Belonging In Time: Australian Women Playwrights In A Changing Landscape', Janys Hayes

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

No abstract provided.


Australian Politics Explainer: Robert Menzies And The Birth Of The Liberal-National Coalition, Gregory C. Melleuish Jan 2017

Australian Politics Explainer: Robert Menzies And The Birth Of The Liberal-National Coalition, Gregory C. Melleuish

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

It has become an established fact of Australian politics that when the non-Labor side of politics is in power, the government will be a coalition of the Liberal Party and the National Party. This has been the case for almost 100 years, since the formation of the Country Party in 1920. Even on those occasions when the Liberals have won a House of Representatives majority in their own right, the Coalition has held


Evidence Of Intoxication In Australian Criminal Courts: A Complex Variable With Multiple Effects, Luke J. Mcnamara, Julia Quilter, Kate Seear, Robin Room Jan 2017

Evidence Of Intoxication In Australian Criminal Courts: A Complex Variable With Multiple Effects, Luke J. Mcnamara, Julia Quilter, Kate Seear, Robin Room

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

This article reports on the second stage of a national study of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. Based on a mixed methods analysis of more than 300 appellate court decisions from all Australian jurisdictions handed down in the period 2010-2014, we identify the multiple points at which legal significance is attached to evidence that the accused, the victim or a witness was 'intoxicated' at the time of the alleged commission of a criminal offence. Focusing on the rules and principles endorsed by appellate courts in relation to …


E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish Jan 2017

E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish

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

How are we to understand the place of the Whitlam government in Australian history? My starting point is an observation that history is not only contingent but our understanding of it is nominalist. That is to say that it does not have a necessary, or natural, structure. We make, and re-make, narratives according to the way in which we arrange and re-arrange what we know about what has happened in the past. Human beings crave a satisfactory narrative to explain the past as a means of understanding the present but, in so doing, they usually have to make use of …


Chinese As A Foreign Language: Cultural Components In An Australian Classroom, Xiaoping Gao Jan 2017

Chinese As A Foreign Language: Cultural Components In An Australian Classroom, Xiaoping Gao

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

Culture and language are intertwined with each other. Understanding the target language culture has long been one of the central goals of foreign language teaching and learning. However, there remains considerable scope for exploring how to integrate cultural components into second language teaching practice. This paper first reinforces the role of culture in foreign language education and language pedagogy in the international arena. It focuses on Chinese language education and the cultural components in Chinese as a foreign language class in Australia. Surveys with Chinese teachers and their students in Australian schools and universities show that the explicit explanation of …


Remembering Bellona: Gendered Allegories In The Australian War Memorial, Vera C. Mackie Jan 2016

Remembering Bellona: Gendered Allegories In The Australian War Memorial, Vera C. Mackie

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

It was just before Anzac Day this year. On the way into the Australian War Memorial to do some research I walked around its Sculpture Garden, looking at the statues and memorials.


Too Big To Fail: Explaining The Timing And Nature Of Intervention In The Australian Wool Market, 1916-1991, Simon Ville, David T. Merrett Jan 2016

Too Big To Fail: Explaining The Timing And Nature Of Intervention In The Australian Wool Market, 1916-1991, Simon Ville, David T. Merrett

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

From the early twentieth century, many Australian farm products have had their prices set by some form of intervention, often administered by a statutory marketing board. Wool was different: intervention, other than war-related exigencies, came much later and in a different mechanism, a reserve price scheme (hereafter RPS). The RPS that operated from 1970 until its collapse in 1991 has been roundly criticised. Four key elements explain the belated emergence and particular form of price controls: the specific characteristics of wool - its importance to the economy, its export orientation, and its non-perishability; the shifting locus of economic and political …


Translated Lives In Australian 'Crónicas', Michael R. Jacklin Jan 2016

Translated Lives In Australian 'Crónicas', Michael R. Jacklin

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

The genre of writing known as crónicas throughout the Spanish-speaking world has been described by Mexican novelist and cronista Juan Villoro as "the platypus of prose". These short, column-length prose pieces published regularly in newspapers and magazines in Spanish America and in Spain may take the form of an essay, narrative, reportage or opinion piece or any combinations of these. Villoro's comparison of the crónica with the odd looking, egg-laying, Australian monotreme underscores the hybrid nature of the genre, which, like the platypus, appears to be both one thing and another: both fact and fiction, real and imagined, serious and …


The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room Jan 2016

The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room

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

Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between 'intoxication' and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes …


Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell Jan 2016

Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell

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

We wrote Class Structure in Australian History in a period of heightened social struggle. It grew out of collaborative research projects at Sydney's Free U in the late 1960s. The book was distinctive in both emphasising the socialist tradition of class analysis and trying to find new paths for it. Its first edition was ignored by mass media, and often mis-interpreted in professional journals. Nevertheless it circulated widely and has continued to be a point of reference for progressive scholarship. Its method tried to carry forward the Free U project of democratic knowledge making, linking documents with analysis and inviting …


An Australian Head Of State Wont Save Us From Being A De Facto Monarchy, Gregory C. Melleuish Jan 2016

An Australian Head Of State Wont Save Us From Being A De Facto Monarchy, Gregory C. Melleuish

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

It happens this time of year with a certain monotony. There are calls for Australia to become a republic and to cast off the bonds that tie it to a supposedly outmoded past.


Mediatisation, Marginalisation And Disruption In Australian Indigenous Affairs, Kerry Mccallum, Lisa Waller, Tanja Dreher Jan 2016

Mediatisation, Marginalisation And Disruption In Australian Indigenous Affairs, Kerry Mccallum, Lisa Waller, Tanja Dreher

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

This article considers how changing media practices of minority groups and political and media elites impact on demo-cratic participation in national debates. Taking as its case study the state-sponsored campaign to formally recognise In-digenous people in the Australian constitution, the article examines the interrelationships between political media and Indigenous participatory media-both of which we argue are undergoing seismic transformation. Discussion of consti-tutional reform has tended to focus on debates occurring in forums of influence such as party politics and news media that privilege the voices of only a few high-profile Indigenous media 'stars'. Debate has progressed on the assumption that …


12 Deadly Indigenous Australian Social Media Users To Follow, Bronwyn Carlson Jan 2016

12 Deadly Indigenous Australian Social Media Users To Follow, Bronwyn Carlson

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

No abstract provided.


Capitalism, Regulation Theory And Australian Labour Law: Towards A New Theoretical Model, Brett Heino Jan 2015

Capitalism, Regulation Theory And Australian Labour Law: Towards A New Theoretical Model, Brett Heino

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

This article employs the methodology of the Parisian regulation approach to periodise Australian capitalism into distinct models of development. Within such models, labour law plays a key role in articulating the abstract capitalist need to commodify labour-power with the concrete realities of class struggle. Given the differential ordering of social contradictions and the distinct relationship of social forces within the fabric of each model of development, such formations will crystallise distinct regimes of labour law. This is demonstrated by a study of the two successive models of development that have characterised Australian political economy since the post-Second World War era: …


The Refugee Limbo: Negotiating The Bar Of Australian Law, Benjamin Hightower Jan 2015

The Refugee Limbo: Negotiating The Bar Of Australian Law, Benjamin Hightower

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

Often refugees and asylum seekers are said to be in some sort of limbo: physical, social, and/or legal. This article picks apart the limbo-concept through the expanded metaphor of the Limbo dance; a performance that illustrates an ‘inner history’ that evolved from the conditions aboard the slave ships of the Middle Passage. ‘Playing‘ the Limbo allows the experiences of the slaves to be reenacted: due to the limited space and terrible conditions, slaves had to arch their backs in order to fit inside the ship’s hulls. They had to remain limber or limba before they could re-emerge on the other …


Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter Jan 2015

Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter

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

Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …


Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin Jan 2015

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

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

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …


The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas Jan 2015

The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas

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

With the recent re-approval of Adani’s Carmichael coal mine in Queensland, debate over the future of coal has reached fever pitch again. Green groups have argued that Australia should account for the climate impacts of burning coal produced in the country. Meanwhile, the government has once again come out in support of coal to provide cheap power to developing nations. It can be hard to make sense of the different sides. In a paper recently published in Energy Research and Social Science, I looked at the long-term future for coal in Australia. My research suggests the current coal woes are …


El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin Jan 2015

El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin

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

'El contestador australiano y otros cuentos' [The Australian answering machine and other stories] is the title of a collection of short stories written in Spanish by Uruguayan-born Ruben Fernández. It was published in 2008 in Montevideo by the well-regarded publishing house Del Sur Ediciones. In 2009 Fernández was interviewed by the Uruguayan newspaper 'El País' and spoke about how his stories relate to his experience of thirty years as a migrant living in Australia. Many of the stories in this collection first appeared in Australia in the 1980s and early 1990s, a number of them as prize-winning entries in literary …


Towards A Multilingual National Literature: The Tung Wah Times And The Origins Of Chinese Australian Writing, Huang Zhong, Wenche Ommundsen Jan 2015

Towards A Multilingual National Literature: The Tung Wah Times And The Origins Of Chinese Australian Writing, Huang Zhong, Wenche Ommundsen

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

Australian literature has over the last 50 years witnessed the gradual inclusion of writers and texts formerly considered marginal: from a predominantly white, Anglo canon it has come to incorporate more women writers, writers of popular genres, Indigenous writers, and migrant, multicultural or diasporic writers. However, one large and important body of Australian writing has remained excluded from histories and anthologies: literature in languages other than English. Is this the last literary margin? How might it be incorporated into the national canon, and how might it enhance our understanding of the cross-cultural traffic that feeds into the literature of a …


Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish Jan 2015

Australian Universities: Bureaucracy, Scholasticism And The End Of Beauty, Gregory C. Melleuish

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

This article argues that development of the modern university in many ways mirrors that of the modern state. Over time it has become increasingly centralized and bureaucratic with power passing from its members to the central administration. This has led to a bureaucratization of the university mind. In turn this has increased the tendency of universities to more extreme forms of scholasticism. The consequence is the creation of knowledge which is removed from the wider world and which mirrors its bureaucratic nature. In such a world there can be no true creativity or beauty. The only way to reverse this …


Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall Jan 2015

Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall

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

Most Australian historians will tell you that there was a “before Trove” and an “after Trove”. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.


Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall Jan 2015

Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall

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

Most Australian historians will tell you that there was a ‘before Trove’ and an ‘after Trove’. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.


Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen Jan 2015

Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen

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

At the turn of the twentieth century bicycles and motorcars constituted a significant break from organic modes of mobility, such as walking, horses and camels. In Australia, such mechanical modes of personal transport were settler imports that generated local meanings and practices as they were integrated into the material, cultural and political conditions of the settler nation-in-the-making. For settlers, new technologies confirmed their racial superiority and reinforced a collective sense of their own modernity. Aboriginal people frequently expressed fear and epistemological confusion when they first encountered the strange vehicles. Contrary to settler investments in Aboriginal people as outside of the …


Regulation Theory And Australian Labour Law: From Antipodean Fordism To Liberal-Productivism, Brett Heino Jan 2014

Regulation Theory And Australian Labour Law: From Antipodean Fordism To Liberal-Productivism, Brett Heino

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

This paper employs the methodology of the Parisian Regulation Approach to periodise Australian political economy into distinct models of development. Within such models, labour law plays a key role in articulating the abstract capitalist need to commodify labour-power with the concrete realities of class struggle. Given the differential ordering of social contradictions and the distinct relationship of social forces within the fabric of each model of development, such formations will crystallise distinct regimes of labour law. This is demonstrated by a study of the two successive models of development which characterised Australian political economy since the post-World War II era; …


Spying On Dissent: It's The Australian Way, Rowan Cahill Jan 2014

Spying On Dissent: It's The Australian Way, Rowan Cahill

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

The clandestine involvement of military folk in the political and industrial affairs of the nation has a long history. Dissenting organisations should adopt counter-intelligence measures 'Oppositional, dissident organisations owe it to themselves and their supporters to adopt counter-intelligence procedures.' Photograph: Guardian Australia Allegations this week that the anti-mining camp at Maules creek in NSW was infiltrated by corporate spies should come as no surprise. While one activist told the Guardian Australia she felt "a sickening feeling of betrayal", in reality this is the Australian way. The clandestine involvement of military folk in the political and industrial affairs of the nation, …


Tone It Down A Bit!: Euphemism As A Colonial Device In Australian Indigenous Studies, Colleen Mcgloin Jan 2014

Tone It Down A Bit!: Euphemism As A Colonial Device In Australian Indigenous Studies, Colleen Mcgloin

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

In a previous article discussing the politics of language in Australian Indigenous Studies teaching and learning contexts, my colleague and I stated our objective in writing that article was to ‘‘instill’’ a sense of the importance of the political nature of language to our student body (McGloin and Carlson 2013). We wanted to engage students in the idea that language, as a conduit for describing the world, is not a neutral channel for its portrayal or depiction; rather, that it is a political device that is often a contributing force to racism and the perpetuation of colonial violence.While reviews of …