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Articles 901 - 930 of 1911

Full-Text Articles in Law

Mh17: How Safe Are The Skies?, Mohd Hazmi Bin Mohd Rusli Jan 2014

Mh17: How Safe Are The Skies?, Mohd Hazmi Bin Mohd Rusli

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

From the earliest kites to hypersonic flights, the history of aviation extends to more than a thousand years. The flying machine created by the Wright Brothers gradually changed the world’s transportation industry. Commercial flights or airlines were subsequently introduced to replace sea transportation as the fastest way to convey people to various destinations around the world. The Malayan Airways came into the picture in 1947. Upon Malaysia’s independence and separation of Singapore, the Malaysia Airlines System (MAS) was founded in 1972, serving not only Malaysia, but the world. The recent MH17 tragedy is a tragic episode in global aviation history …


The Minerals Resource Rent Tax: The Australian Labor Party And The Continuity Of Change, John Passant Jan 2014

The Minerals Resource Rent Tax: The Australian Labor Party And The Continuity Of Change, John Passant

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

Purpose - The purpose of this paper is to look at the recent history of proposals to tax resource rents in Australia, from Australia's Future Tax System Report (the "Henry Tax Review") through to the proposed Resource Super Profits Tax ("RSPT") and then the Minerals Resource Rent Tax ("MRRT"). The process of change from Henry to the RSPT to the MRRT can best be understood in the context of the Australian Labor Party (ALP) as a capitalist workers' party. The author argues that it is this tension in the ALP, the shift in its internal balance further towards capital and …


Extensive Enactivism: Why Keep It All In?, Daniel D. Hutto, Michael D. Kirchhoff, E Myin Jan 2014

Extensive Enactivism: Why Keep It All In?, Daniel D. Hutto, Michael D. Kirchhoff, E Myin

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

Radical enactive and embodied approaches to cognitive science oppose the received view in the sciences of the mind in denying that cognition fundamentally involves contentful mental representation. This paper argues that the fate of representationalism in cognitive science matters significantly to how best to understand the extent of cognition. It seeks to establish that any move away from representationalism toward pure, empirical functionalism fails to provide a substantive "mark of the cognitive" and is bereft of other adequate means for individuating cognitive activity. It also argues that giving proper attention to the way the folk use their psychological concepts requires …


Harry Potter Contra El Legalismo, O La Magia Republicana Del Pluralismo Jurídico, Luis Gomez Romero Jan 2014

Harry Potter Contra El Legalismo, O La Magia Republicana Del Pluralismo Jurídico, Luis Gomez Romero

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

This essay undertakes a radical criticism of legalist ideologies through a pluralist revision of the sources of law. Literary texts –specifically, the Harry Potter series of novels– are catalogued as sources of law. For this purpose, the law inscribed in fictional narrative worlds is considered as a matter that concerns the law in the real-world and the lives of audiences who read such fictional worlds. Law is literature and literature is law. On this basis, the article analyzes from a republican perspective the fictionalization of the rule of law in the Potter novels.


A Book-End Approach To Ethics: The Increasing Importance Of Incorporating Ethics Into The First-Year Curriculum, Karina Murray Jan 2014

A Book-End Approach To Ethics: The Increasing Importance Of Incorporating Ethics Into The First-Year Curriculum, Karina Murray

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

Recently, the law degree has become a more generalist degree. Yet the Council of Australian Law Deans advises that almost two-thirds oflaw graduates ultimately seek admission to practice. This means that the majority of students commencing a law degree intend to become a solicitor or barrister. Few first-year students, however, are aware of the processes surrounding admission to the profession. They are unaware that merely completing an LLB degree does not a solicitor make. Prospective law students often do not realise that the degree needs to be supplemented by practical legal training (PLT). Beyond that, having satisfied these two academic …


"If You Can Hold On...": Counter-Apocalyptic Play In Richard Kelly’S Southland Tales, Marcus O'Donnell Jan 2014

"If You Can Hold On...": Counter-Apocalyptic Play In Richard Kelly’S Southland Tales, Marcus O'Donnell

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

Richard Kelly’s Southland Tales (2006) presents a dystopic, post-apocalyptic, near-future through an aesthetic, which fuses contemporary postmodern screens with the phantasmagorical of traditional apocalyptic visions. This article argues that Southland Tales is an example of what feminist theologian Catherine Keller calls the “counter-apocalyptic” (Keller 1996:19-20). Through strategies of ironic parody Kelly both describes and questions the apocalyptic and its easy polarities. In situating the film as counter-apocalyptic the paper argues that the film both resists the apocalyptic impulse however it is also located within it. In this sense it produces a unique take on the genre of the post-apocalyptic film …


Hayloft's Thyestes: Adapting Seneca For The Australian Stage And Context, Margaret Hamilton Jan 2014

Hayloft's Thyestes: Adapting Seneca For The Australian Stage And Context, Margaret Hamilton

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

This essay examines The Hayloft Project's theatre production Thyestes, first performed at the Malthouse Theatre in Melbourne in 2010. It takes as its starting point public criticism of the practice of adaptation as a derivative form. Contrary to this position, the essay applies recent theorizations of theatre as a hypermedium in order to argue that adaptation is an integral, structural component of theatre rather than simply an intertextual, representational strategy. In doing so, it positions Brechtian approaches to the medium as a historical precedent through which to consider the dramaturgical strategies at work in the production, and it extrapolates on …


Dissent In Science, Brian Martin Jan 2014

Dissent In Science, Brian Martin

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

Dissent is questioning or challenging an established idea, practice, or policy. It occurs in all sorts of areas. For example, people can dissent against wars, school rules, or evolutionary theory. Dissent is usually expressed in words, for example in blogs, articles, and speeches, but it can also be expressed in actions or at events, such as a protest rally. Dissent in science can refer to challenges to dominant scientific theories and also questioning of priorities or practices within science, for example, questioning whether a person should have received the Nobel Prize or whether Nobel prizes are a good idea at …


Research The Whistleblowers Want - And What They Need, Brian Martin Jan 2014

Research The Whistleblowers Want - And What They Need, Brian Martin

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

The topic of this chapter is research helpful to whistleblowers. I begin by outlining my experiences as a whistleblower adviser and describing some of the insights this role provides. Then I discuss what whistleblowers really need: practical skills and insights into the ways organizations and society operate. Next is an outline of the ways that research can help whistleblowers. Finally, I list a variety of research areas that I think are highly relevant to whistleblowers. These offer a research agenda oriented to those on the front line.


Tactics Of Political Lying: The Iguanas Affair, Brian Martin Jan 2014

Tactics Of Political Lying: The Iguanas Affair, Brian Martin

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

Political lying recurrently becomes a major issue in the media. Audience members seldom have first-hand information and hence rely on media stories to assess claims. Although background information may not be available, the tactics used by key players are more likely to be reported. Two models for analysing tactics are introduced, one based on methods of deception, detection and response, the other based on methods to reduce or increase outrage over something perceived to be wrong. Each model is applied to claims and counterclaims concerning the behaviour of two Australian politicians. Most of the tactics used in the case study …


Gleams Of Light: Evolving Knowledge In Writing Creative Arts Doctorates, Diana Wood Conroy Jan 2014

Gleams Of Light: Evolving Knowledge In Writing Creative Arts Doctorates, Diana Wood Conroy

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

From the mid-1980s to the present, art schools have embedded themselves within university structures in Australia. Around 35 universities now offer research degrees in creative arts (Baker and Buckley, 2009). Accompanying this development, the teaching of art practice and theory has followed the humanities in embracing philosophies of semiotics and post-structuralism from Europe and America through the lenses of feminism and postcolonialism.


The Necessity Of The New: Between The Modern And The Contemporary, Ian A. Mclean Jan 2014

The Necessity Of The New: Between The Modern And The Contemporary, Ian A. Mclean

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

'"The contemporary" is a curious neologism,' observed James Meyer, as the definite article lends this 'adjective or noun denoting a shared temporality of persons, things, or events ... a new importance.' The definite article announced the art world's big discovery around the turn of the twenty-first century: that the word 'contemporary' had, like the term 'modern' before it, acquired a theoretical and, indeed, metaphysical density. The contemporary, as more than a few art critics say these days, is the new modern. To make this claim, whether as an act of succession or negation, is to invest in a loaded history. …


Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken Jan 2014

Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken

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

The attraction and retention of professionals generally in rural and regional Australia is an on-going concern. Recent attention has focused upon the recruitment of lawyers and legal professionals to rural and regional areas, where the proportion of lawyers practising has steadily declined over the past twenty years. While the precise extent of the decline is difficult to assess, and the causes of recruitment and retention issues for lawyers in rural and regional areas are nuanced and can vary from region to region, it is clear that concern about attraction and retention is a national one. A national survey conducted in …


Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa Jan 2014

Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa

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

Malaysia shares the Straits of Malacca and Singapore with Indonesia, Singapore and briefly, with Thailand. Before colonial times, there were no proper maritime boundary delimitation within the Straits of Malacca and Singapore. The Anglo-Dutch Treaty of 1824 has divided the Straits of Malacca and Singapore into two spheres of dominions, which later on became the basis of modern territories of Malaysia, Indonesia and Singapore. Since independence in 1957, Malaysia has been working closely with Thailand, Indonesia and Singapore to properly demarcate maritime boundary lines in the Straits of Malacca and Singapore. Nevertheless, there are still unresolved issues between these littoral …


Primal Impression And Enactive Perception, Shaun Gallagher, Dan Zahavi Jan 2014

Primal Impression And Enactive Perception, Shaun Gallagher, Dan Zahavi

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

Philosophers and cognitive scientists have recently argued that perception is enactive (e.g., Varela, Thompson, & Rosch 1991; Noe, 2004; Di Paolo, 2009). 1 To put it simply, perception is action-oriented. When I perceive something, I perceive it as actionable. That is, I perceive it as something I can reach, or not; something I can pick up, or not; something I can hammer with, or not, and so forth. Such affordances (Gibson, 1977, 1979) for potential actions (even if I am not planning to take action) shape the way that I actually perceive the world. One can find the roots of …


The Diggers' Wish: Set The Record Straight, Ben Morris Jan 2014

The Diggers' Wish: Set The Record Straight, Ben Morris

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

This paper explores the issues of the participant interviewer in a military history context. Participant interviewers may have a stake in the results of their work, as they are part of the story that is under investigation and can influence the result to fit their prejudices. This paper focuses on the strong desire that the interviewees have to correct errors in the official record. As Alessandro Portelli says, 'oral history is not just a collection of stories, but also their interpretation and representation.' A narrative recorded by a participant may produce a realistic interpretation of battlefield events rather than the …


Securing Blue Wealth: The Need For A Special Sustainable Development Goal For The Ocean And Coasts And For Future Ocean Spatial Planning, Martin Visbeck, Ulrike Kronfeld-Goharani, Barbara Neumann, Wilfried Rickels, Jorn Schmidt, Erik Van Doorn, Nele Matz-Luck, Konrad Ott, Martin F. Quaas Jan 2014

Securing Blue Wealth: The Need For A Special Sustainable Development Goal For The Ocean And Coasts And For Future Ocean Spatial Planning, Martin Visbeck, Ulrike Kronfeld-Goharani, Barbara Neumann, Wilfried Rickels, Jorn Schmidt, Erik Van Doorn, Nele Matz-Luck, Konrad Ott, Martin F. Quaas

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

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. Both economic theory and many case studies suggest that there is no “tragedy of the commons” but a “tragedy of open access”. With high likeliness, structures of open access …


Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti Jan 2014

Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti

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

Titled UNESCO Internet Study: Privacy and Journalists' Sources, this major global research project requires the direct input of editors, journalists, publishers, media organisations and associations, policy experts, media lawyers, press freedom activists and NGOs, and public interest bloggers.


User Generated Content: Time To Consider The Ethical Conundrums As Well As The Opportunities, Julie N. Posetti Jan 2014

User Generated Content: Time To Consider The Ethical Conundrums As Well As The Opportunities, Julie N. Posetti

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

Local police confirm there is an active shooter situation in a shopping centre... User-generated content is going to be the only source of content before your crews can get there. A producer identifies someone in the shopping centre. You can see that they have a good vantage point because they’ve already tweeted a photo of what looks like bodies on the ground. If verified this would be the first image from inside. How do you proceed?"


Juggling Ethical Dilemmas Of User-Generated Content In The Newsroom, Julie N. Posetti, J Sparks, A Matthews Jan 2014

Juggling Ethical Dilemmas Of User-Generated Content In The Newsroom, Julie N. Posetti, J Sparks, A Matthews

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

That is one of the User Generated Content- (UGC) related ethical conundrums posed by a panel of experts at the International Newsroom Summit in Amsterdam last week. The panel, featuring the BBC's Steve Herrmann, AP's Fergus Bell and Google's Director of Communications for Europe, the Middle East and Africa Peter Barron, was moderated by UNHCR social media strategist Claire Wardle. Jessica Sparks and Alice Matthews explore the UGC issues that should have newsrooms ethically engaged.


Silencing And Subjugation Masquerading As Love And Understanding, Maureen Clark Jan 2014

Silencing And Subjugation Masquerading As Love And Understanding, Maureen Clark

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

No abstract provided.


Official Discourses Of The Australian 'Welfare Cheat', Scarlet I. Wilcock Jan 2014

Official Discourses Of The Australian 'Welfare Cheat', Scarlet I. Wilcock

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

Using critical discourse analysis, this article argues that contemporary discourses of the 'welfare cheat' promulgated by Centrelink and Australian Government officials since 1997 are highly gendered, and serve to legitimise the prosecution of women for welfare fraud offences. Across this timeframe, 'welfare cheats' have been disproportionately identified as female, and are frequently inscribed with the characteristics of selfishness, greed and deceit. This discursive construction of the 'welfare cheat' accords with both neoliberal individualist understandings of crime, in which the 'rational' perpetrator is wholly responsible for his or her wrongdoing, along with deep-seated sexist characterisations of 'bad women' as deceitful, calculated …


A Small, Dead Thing, Luke M. Johnson Jan 2014

A Small, Dead Thing, Luke M. Johnson

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

No abstract provided.


Comparative Legal Cultural Analyses Of International Economic Law: Insights, Lessons And Approaches, Colin B. Picker Jan 2014

Comparative Legal Cultural Analyses Of International Economic Law: Insights, Lessons And Approaches, Colin B. Picker

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

The effective development and operation of the law faces many obstacles. Among the more intractable but hidden barriers are legal cultural disconnects and discontinuities. These occur when opposing legal cultural characteristics from different legal cultures are forced to interact as part of the implementation of the law across two different legal cultures. That conflictual interaction can impede or block the successful implementation and development of the law. While present in domestic legal systems, those conflicts are more likely and the conflicts may be deeper between the many different legal cultures involved in the international legal order. This article aggregates and …


Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman Jan 2014

Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman

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

Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.


The Coral Triangle Atlas: An Integrated Online Spatial Database System For Improving Coral Reef Management, Annick Cros, Nurulhuda Ahamad Fatan, Alan White, Shwu Jiau Teoh, Stanley Tan, Christian Handayani, Charles Huang, Nate Peterson, Ruben Venegas Li, Hendra Yusran Siry, Ria Fitriana, Jamison Gove, Tomoko Acoba, Maurice Knight, Renerio Acosta, Neil L. Andrew, Doug Beare Jan 2014

The Coral Triangle Atlas: An Integrated Online Spatial Database System For Improving Coral Reef Management, Annick Cros, Nurulhuda Ahamad Fatan, Alan White, Shwu Jiau Teoh, Stanley Tan, Christian Handayani, Charles Huang, Nate Peterson, Ruben Venegas Li, Hendra Yusran Siry, Ria Fitriana, Jamison Gove, Tomoko Acoba, Maurice Knight, Renerio Acosta, Neil L. Andrew, Doug Beare

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

In this paper we describe the construction of an online GIS database system, hosted by WorldFish, which stores bio-physical, ecological and socio-economic data for the 'Coral Triangle Area' in South-east Asia and the Pacific. The database has been built in partnership with all six (Timor-Leste, Malaysia, Indonesia, The Philippines, Solomon Islands and Papua New Guinea) of the Coral Triangle countries, and represents a valuable source of information for natural resource managers at the regional scale. Its utility is demonstrated using biophysical data, data summarising marine habitats, and data describing the extent of marine protected areas in the region.


Women's Leadership In The Trades: An Overview, Georgine W. Clarsen Jan 2014

Women's Leadership In The Trades: An Overview, Georgine W. Clarsen

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

Advocacy to encourage women to enter male-dominated trades has a long history, though leadership in this sphere of activism has rarely been documented in feminist histories. Efforts to improve women's working lives have most often focused on facilitating women's entry into the professions, company boards or upper management, and on campaigns to secure equal pay for work of equal value. Throughout the 20th century, however, numbers of women have promoted women's entry into skilled, working-class jobs that were thought to be the natural domain of men. One important reason for questioning the high levels of gender segregation in these trades …


Visions And Revisions: Performance, Memory, Trauma, Sarah B. Miller Jan 2014

Visions And Revisions: Performance, Memory, Trauma, Sarah B. Miller

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

Visions and Revisions is a collection of essays edited by Bryoni Trezise and Caroline Wake. Read individually, they are impressive and as a collection, quite compelling, but the subtext of all, and certainly the preoccupation of several, is human beings' ongoing cruelty to others. In seeking to explore the various ways in which we might enact, embody, perform, commemorate, intervene or take responsibility for terrible histories and current cruelties the effects and affects of which extend into our everyday, this collection also-to paraphrase Bryoni Trezise-reminds us of the potential for falling into a repertoire of behaviours, in order only to …


Transnational Law And Refugee Identity: The Worldwide Effect Of European Norms, Helene T. Lambert Jan 2014

Transnational Law And Refugee Identity: The Worldwide Effect Of European Norms, Helene T. Lambert

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

No abstract provided.


The National And The Transnational In British Anti-Suffragists’ Views Of Australian Women Voters, Sharon Crozier-De Rosa Dec 2013

The National And The Transnational In British Anti-Suffragists’ Views Of Australian Women Voters, Sharon Crozier-De Rosa

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

The issue of woman suffrage, and the unevenness of its development worldwide, provoked much heated discussion in the early twentieth century. In Britain women were campaigning – often violently – for the vote, while in the antipodes women already had at least the national vote. This paper looks at national and transnational aspects of this debate as it was played out in the pages of the British Anti-Suffrage Review. It looks at how conservatives in the British metropole were compelled to articulate, even reformulate, their sense of national and imperial identity in light of the existence of the Australian woman …