Law Commons^™

The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz

Animal Studies Journal

This article offers a legal explanation for the decline of honeybees. While most investigations into bee populations and bee survival rates have been scientific, this article provides an additional set of causes, showing how our legal definitions of property and standards of negligence contribute to a landscape hostile to the lives of bees. Examining recent litigation in the United States and Canada, it shows how legal concepts of property impact the lives of bees, especially in cases of pesticide overspray near property boundaries, and in the forms of knowledge and ignorance in play in contesting duties of care in negligence …

Greedy Bat Eaters Versus Cruel Pig Killers: The Lose-Lose Battle Of Divisive Discourse, Angela Lee

Animal Studies Journal

Unsurprisingly, the circumstances and challenges brought about by the COVID-19 pandemic have generated strong reactions. Among the more notable, Canadian musician and animal activist Bryan Adams made headlines when he went on a tirade on social media denouncing ‘fucking bat eating, wet market animal selling, virus making greedy bastards’ and advocating for veganism. This article uses this incident as a prism through which to examine the values and assumptions informing some of the central debates within the mainstream animal advocacy movement today. Certainly, there is an urgent need for a critical re-evaluation of the policies and practices that have created …

A Different Kind Of Justice: Review 2, Claudia Taranto

RadioDoc Review

A Different Kind of Justice tells the story of two people who met across a table in a restorative justice (RJ) conference, facilitated by Karl James, an RJ professional. Margaret’s home is robbed; Ian, a burglar and heroin addict, took a few small items, including a laptop with all her family photos. Margaret reveals that her daughter Jessica died in a car accident a few months after the burglary and the missing photos now mean so much more to the family.

The program is essentially interviews with the two characters, intercut, as they each tell their version of their shared …

A Different Kind Of Justice: A Critical Reflection, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind of …

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …

Indian Millennials: Are Microchip Implants A More Secure Technology For Identification And Access Control?, Christine Perakslis, Katina Michael

Associate Professor Katina Michael

This mixed methods study with a sequential explanatory strategy explored qualitatively the statistically significant quantitative findings relative to Indian respondents’ perceptions about RFID (radio frequency identification) transponders implanted into the human body. In the first analysis phase of the study, there was a significant chi-square analysis reported (χ2 = 56.64, df = 3, p = .000) relative to the perception of small business owners (N = 453) that implanted chips are a more secure form of identification and/or access control in organizations and the respondents’ country of residence. Countries under study included Australia, India, the UK and US. The country …

The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz Al-Debei

Associate Professor Katina Michael

The adoption of mobile technologies for emergency management has the capacity to save lives. In Australia in February 2009, the Victorian Bushfires claimed 173 lives, the worst peace-time disaster in the nation’s history. The Australian government responded swiftly to the tragedy by going to tender for mobile applications that could be used during emergencies, such as mobile alerts and location services. These applications, which are becoming increasingly accurate with the evolution of positioning techniques, have the ability to deliver personalized information direct to the citizen during crises, complementing traditional broadcasting mediums like television and radio. Indeed governments have a responsibility …

Commentary On: Mann, Steve (2012): Wearable Computing, Katina Michael, M.G. Michael

Associate Professor Katina Michael

In Professor Steve Mann- inventor, physicist, engineer, mathematician, scientist, designer, developer, project director, filmmaker, artist, instrumentalist, author, photographer, actor, activist- we see so much of the paradigmatic classical Greek philosopher. I recall asking Steve if technology shaped society or society shaped technology. He replied along the lines that the question was superfluous. Steve instead pointed to praxis, from which all theory, lessons or skills stem, are practiced, embodied and realized. Steve has always been preoccupied by the application of his ideas into form. In this way too, he can be considered a modern day Leonardo Da Vinci.

Book Review: Securing The Cloud: Cloud Computer Security Techniques And Tactics, Katina Michael

Associate Professor Katina Michael

With so much buzz around Cloud Computing, books like this one written by Winkler are much in demand. Winkler’s experience in the computing business shines through and as readers we are spoiled with a great deal of useful strategic information- a jam packed almost 300 page volume on securing the cloud.

In Memoriam: Associate Professor Dr Elaine Lawrence, Katina Michael

Associate Professor Katina Michael

Despite being a graduate of the rigorous Bachelor of Information Technology at the University of Technology, Sydney (UTS) in 1996, I was unfortunate in that I missed being taught by Associate Professor Elaine Lawrence who began working at UTS in 1990 as a Lecturer in Computing Science. Dr Lawrence became a senior lecturer in 2000, and subsequently an associate professor in 2006. Our paths crossed in 2002 when I was tasked to deliver a new course entitled “eBusiness Principles” in my first year of lecturing at the University of Wollongong, and after an initial scurry to find an adequate textbook, …

Sousveillance And The Social Implications Of Point Of View Technologies In The Law Enforcement Sector, Katina Michael, M.G. Michael

Associate Professor Katina Michael

Policing today has become a high-tech affair; especially in the provision of incident event tracking and reporting systems increasingly being used to provide evidence in a court of law. These in-car video (ICV) and body worn recording systems are said to increase convictions and eliminate false claims made by defendants, providing documentary support to police officers and their associated actions in an incident. But today, new technologies such as smart phones equipped with cameras and global positioning system chipsets can also be found in the hands of the everyday citizen, used to capture everyday happenings and distributed to social networks …

Book Review: Security Risk Management: Building An Information Security Risk Management Program From The Ground Up, Katina Michael

Associate Professor Katina Michael

In an age of outsourcing tasks that are not considered to be a core competency of the business, organisations have often relied on external consultants for matters pertaining to security. In actual fact, most companies could have utilized existing skill-sets in-house to produce a security risk management program, if only they knew what steps to take, and how to go about it all. Evan Wheeler in his book on information security risk management does just that- he equips professionals tasked with security, with the thinking required to create a program that is more preoccupied with the complex strategic-level questions than …

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …

The Social And Behavioral Implications Of Location-Based Services, Katina Michael, M.G. Michael

Associate Professor Katina Michael

The social and behavioral implications of location-based services (LBS) are only now beginning to come to light in advanced markets where the services have been adopted by just a little over half the market (Microsoft 2011). Depending on one’s definition of what constitutes location-based services, statistics on the level of adoption differ considerably. While it is helpful to provide as broad a list of applications as possible in what constitutes LBS (e.g. everything from in-vehicle navigation systems to downloading a map using a computer), it can also cloud the real picture forming behind this emerging technology. Emerging not in the …

Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix

Sydney Business School - Papers

This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …

Industrial Relations And The Sociological Study Of Labour Law, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This article examines the prospect for more fruitful collaborative research between labour law and industrial relations, using recent studies in labour law as a starting point. An increased and more sophisticated interest in labour law as regulation, particularly in Australia, has moved the discipline towards some of the traditional interest areas of industrial relations. However there remains a need for more empirically-based research, with the social reality of law as its primary focus. The legal studies paradigm is not well geared to social science research and an interdisciplinary approach is required. Industrial relations is the obvious candidate for such a …