Law Commons^™

The Locus Of Decision-Making Authority In Circle Sentencing: The Significance Of Criteria And Guidelines, Luke Mcnamara

Faculty of Law - Papers (Archive)

This article analyses the criteria and guidelines that have been developed for the operation of circle sentencing as a method of First Nation community participation in the Canadian criminal justice system. The objective of this analysis is to determine whether circle sentencing has the potential to transfer decision-making authority over sentencing from judges within the non-Aboriginal justice system to sentencing circle participants and First Nation communities. This article concludes that although it operates under certain judicially imposed constraints, and without a solid legislative foundation, circle sentencing does have the potential to shift the locus of decision-making authority in a manner …

Authorised Performances: The Procedural Sources Of Judicial Authority, Richard Mohr

Faculty of Law - Papers (Archive)

Media criticism of the courts, or perceptions of a declining 'public confidence' in the judiciary have led to concems over law's authority. There has been dcbate on concems over 'judicial activism' in North and South America, Europe and Australia. In Australia this has been played out in political criticism of the judges of the High Court, while other courts have come in for criticism from sections of the media for being too lenient in sentencing and generally being 'soft on crime'. Judicial concern over these criticisms has been expressed in extra-curial responses by High Court judges and in several recent …

The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett

Faculty of Law - Papers (Archive)

The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …

The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier

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

Historians are continually constructing and reconstructing, making and remaking history. Present-day preoccupations offer the historian new questions to ask and new directions to take and such an opening up of relatively unexplored areas of study has also led to the search for, and finding of, new sources to analyse. This is especially so in the branches of social history referred to as 'the history of mentalities' and 'cultural history'.

Australia On The Small Screen 1970-1995: The Complete Guide To Tele-Features And Mini-Series (Book Review), Margaret Nixon

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

Book review of: Australia on the Small Screen 1970-1995: The Complete Guide to Tele-Features and Mini-Series by Scott Murray. Melbourne: Oxford University Press, 1996. Pp.248; index. £14.99 (paperback). ISBN 0 195 53949 4

Research Grants: Problems And Options, Brian Martin

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

Researchers often complain about research grant schemes, but usually within a narrow frame of reference. Looking more broadly, problems with grant schemes can be classified as bias, waste, discouragement and orientation to interests. There are various ways to allocate research funds, including administrative decision, peer review, performance-based allocation, equality and community-based bids. Each has different sorts of problems and serves different interests. By looking at diverse systems for allocating research funds, some of the assumptions underlying usual discussions become more apparent. Recent changes in Australian government policy on higher education research are examined using the framework provided here.

Defamation Havens, Brian Martin

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

Defamation law is frequently used to suppress free speech. The Internet provides a means to challenge this. A country without laws against defamation could become a "defamation haven" by providing Web sites and publication assistance. A more immediate alternative is reproducing material on multiple Web sites, thus creating a "virtual defamation haven." Struggles over defamation on the Internet illustrate the way media forms are influencing free speech battles.

Garantías Mercantiles Del Crédito Y Democracia: Un Estudio Doctrinal, Luis Gomez Romero

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

Introduccion; I. El credito y su garantia desde la perspec-tiva economica; II. Las garantias del credito frente a los principios de igualdad juridica y justicia social; III. El caracter instrumental de la garantia en el marco de la Teoria General del Derecho; IV. Dos visiones de las garantias del credito: cumplimiento efectivo vs. cumplimiento optico; V. Las garantias del credito frente al acceso a la justicia; VI. La ejecucion de las garantias del credito y los principios del debido proceso; Epilogo; Bibliografia.

The Muggletonian Message: E. P. Thompson, William Blake And Intellectual Radicalism, Rowan Cahill

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

I read Witness Against the Beast: William Blake and the Moral Law (Cambridge University Press) soon after it was published in 1993, and following the death that same year of its author, veteran radical historian and anti-nuclear campaigner E P Thompson.

I found the book a source of strength because it dealt with themes and issues I was grappling with as the Greedy 1980s gave way to the Economic Rationalism of the 1990s, corporate banditry, and as post-Cold War intellectuals heaped scorn on anyone who still took socialism and/or Marxism seriously. For me Thompson’s book was a statement of radical …

Threats To Democracy: Conference Proceedings: The Corporate Assault On Democracy., S. Beder

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

Thank you for inviting me. The issue in the news at the moment, of course, is the Laws-Jones Affair and ‘Cash for Comment’. But what I would like to point out is that this is just the tip of the iceberg of what’s going on in our society. The corporations are not just using journalists to put forward the corporate point of view but they are using every institution of our society. They are using universities, schools, think tanks, and research institutes–anyone they can get who is willing to put the corporate point of view–rather than be up-front and put …

Renewing Cultural Studies, Philip Marshall

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

Renew is an awkward word. Its prefix seems to make its idea of something 'new' impossible. And everyday experience further underlines the contradiction. My first memory of using the word 'renew' was related to the anxiety of library overdue books: renewing those books was a pragmatic way to avoid the impending fines.

This is a useful starting point for pondering any cultural moment of renewal. Renew describes the impetus towards change while acknowledging the past's weighted effect on producing any transformation. It articulates a challenged continuity rather than a break or discontinuity with a particular past. Where I would like …

Convivial Media, Brian Martin, Wendy Varney

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

The Net has been used in numerous episodes of people's action in varying ways, from straightforward communication to Website blockades and sabotage. Here we look briefly at two Net campaigns: the campaign against the Multilateral Agreement on Investment (MAI) and the ongoing Net campaign in support of the Zapatistas in Mexico. These case studies help provide insight into features of "convivial media" that activists should be using and promoting.

Pro-Activity, Partnership And Prevention: The Uk Contribution To Policing Organised Crime In Europe, Clive Harfield

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

Whatever the outcome of political initiatives within the European Union (EU) and other European states regarding closer integration of political and economic institutions, there has long been evident an increasing integration and cooperation amongst the higher echelon of criminals across the continent.1 Whether or not the EU expands its membership, refines its constitution, harmonises the laws of Member States or even disintegrates, law enforcement agencies across Europe will continue to have to deal with the significant threat posed to national and global infrastructures by the free market of organised crime (Fiorentini & Peltzman, 1995; see also Williams, 1998: 265-8). This …

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

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

No abstract provided.