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

Law Commons

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

Articles 1 - 30 of 159

Full-Text Articles in Law

Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes Jan 2016

Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes

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

Every year thousands of young people across Australia audition to join actor-training institutions.1 In major cities, as well as the existing university-based performing arts degrees, independent institutions have proliferated, teaching acting via full-time, part-time and short courses.2 Yet the Bureau of Statistics reveals that the number of Australians claiming to earn a living from the performing arts is low.3 Whilst parents often caution their teenage school leavers against University courses in the performing arts, the numbers applying have not dropped in response to the reality of the career outcomes, as would be expected. This paper suggests a phenomenological approach to …


Employment Of Graduates Of Japanese Language, Rowena G. Ward Jan 2016

Employment Of Graduates Of Japanese Language, Rowena G. Ward

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

An underlying assumption behind the former Australian Federal Labor Government's 2012 Asian Century White Paper was that language skills were not only important for Australia's future engagement with its regional neighbours but would also lead to employment opportunities. Yet, little research has been undertaken into the employment of graduates with majors in languages, irrespective of the language. This paper discusses the results of an online survey on the use of their Japanese language in employment by graduates who undertook a major or a minor in Japanese language between 2008 and 2012. The results discussed here focus on the questions which …


Camden Cafes And Milk Bars, Ian C. Willis Jan 2016

Camden Cafes And Milk Bars, Ian C. Willis

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

The local milk bar is a largely unrecognized part of Camden modernism where the latest trends in American food culture made their way into the small country town by Australian Greek immigrants. The design, equipment and fitout of local cafes and milk bars was at the cutting edge of Interwar fashion. The cafes were a touch of the exotic with their Art Deco style interiors, where fantasy met food without the social barriers of daily life of the Interwar period. Camden milk bars rarely just sold milk shakes unlike their counterparts in the city. To make a living and ensure …


The Seaside Holiday, Ian C. Willis Jan 2016

The Seaside Holiday, Ian C. Willis

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

Local folk from the Camden district have been going to Wollongong and the South Coast for beach holidays for generations. It is a time to relax, chill out, slow down, drop out, and generally escape the hum drum of daily existence of home and work.


Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima Jan 2016

Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima

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

No abstract provided.


3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady Jan 2016

3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady

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

This project explores the potential for 3D modelling and printing to create customised flutes that can play music in a variety of microtonal scales. One of the challenges in the field of microtonality is that conventional musical instruments are inadequate for realising the abundance of theoretical tunings that musicians wish to investigate. This paper focuses on the development of two types of flutes, the recorder and transverse flute, with interchangeable mouthpieces. These flutes are designed to play subharmonic microtonal scales. The discussion provides an overview of the design and implementation process, including calculation methods for acoustic modelling and 3D printing …


Introducing A Special Issue On Rescuing Taste From The Nation: Oceans, Borders, And Culinary Flows, Cecilia Y. Leong-Salobir, Krishnendu Ray, Jaclyn Rohel Jan 2016

Introducing A Special Issue On Rescuing Taste From The Nation: Oceans, Borders, And Culinary Flows, Cecilia Y. Leong-Salobir, Krishnendu Ray, Jaclyn Rohel

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

This paper introduces a special issue on "Rescuing Taste from the Nation: Oceans, Borders, and Culinary Flows." It examines culinary linkages and sensory geographies across national boundaries, and highlights alternative spatial configurations of taste. From the politics of tea to the transnational pathways of turtle soup, papers attend to culinary cultures, systems of preparation, and forms of knowledge that escape or challenge a strictly national circumscription.


Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow Jan 2016

Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow

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

This article provides an analysis of the Australian 'Twin Peaks' model of financial system regulation. It does so by examining the theoretical underpinnings of Twin Peaks, and investigates the crucial question of the jurisdictional location of the prudential regulator. This includes a description of how Twin Peaks functions and its strengths and weaknesses. The article argues that while Twin Peaks is the best solution to the problem of regulating for financial system stability and consumer protection, it is nonetheless imperfect to the task, and susceptible to failures.


Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy Jan 2016

Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy

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

Since the fi rst wave of law-and-economics scholarship in the United States in the early 1970s, scholars have spent a tremendous amount of time trying to come to grips with tort law from a theoretical perspective. Richard Posner was on the crest of that wave, and his voluminous writings 1 revolutionised how tort law is understood. He contended that tort law (as well as the law generally) is best explained on the ground that it maximises societal wealth. Posner, writing together with William Landes, asserted that ' the common law of torts ' should be accounted for ' as if …


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.


Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose Jan 2016

Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose

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

Since the adoption of an "open door" economic policy in 1986, drug trafficking in Vietnam has increased significantly. In 1997, Vietnam ratified the three UN drug control conventions and launched efforts to bring its national laws into line with them. As a newcomer to these international standards, Vietnam lacked experience in developing laws to combat drug trafficking. Fifteen years on, how well does Vietnamese legislation comply with the international requirements? How could compliance and, more broadly, the relevant legislation be improved? The first part of this paper draws a picture of drug trafficking in Vietnam since the "open door" economic …


Western Jihadist Threats To The Military, Samuel J. Mullins Jan 2016

Western Jihadist Threats To The Military, Samuel J. Mullins

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

In a recent high-profile terrorism case in the U.K., a British-born ISIS sympathizer named Junead Khan was convicted for plotting to attack and kill U.S. military personnel stationed in Britain.[1] His plan was to ram into a vehicle carrying American soldiers and then behead the incapacitated victims. Had police intervened at any point, the intention was to detonate a pressure cooker bomb, committing suicide in the process and maximizing the number of casualties. Far from being an isolated case, this is just one of a long list of attacks on military personnel which have been planned and sometimes executed by …


A Decade Of Murder And Grief: Mexico's Drug War Turns Ten, Luis Gomez Romero Jan 2016

A Decade Of Murder And Grief: Mexico's Drug War Turns Ten, Luis Gomez Romero

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

A few weeks before the Mexico's 2006 election, La Familia Michoacana - among the most vicious of Mexico's major drug cartels - tossed five severed heads onto the dance floor of the Sol y Sombra night club in Uruapan, Michoacán, along with a message outlining its strategy for targeted killings, which it called "divine justice".


How The Us Is Outsourcing Border Enforcement To Mexico, Luis Gomez Romero Jan 2016

How The Us Is Outsourcing Border Enforcement To Mexico, Luis Gomez Romero

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

In describing the complex relationship between the two countries, Jeffrey Davidow, American ambassador to Mexico from 1998 to 2002, spoke of "the bear and the porcupine". The US is an arrogant bear, brawny and insensitive to Mexico's concerns. Mexico is a resentful porcupine, paranoid about American plots to undermine its sovereignty.


Just Who Are The Millions Of 'Bad Hombres' Slated For Us Deportation?, Luis Gomez Romero Jan 2016

Just Who Are The Millions Of 'Bad Hombres' Slated For Us Deportation?, Luis Gomez Romero

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

In an interview with CBS's 60 Minutes, United States president-elect Donald Trump highlighted some campaign promises that he actually plans to keep. Among others, he confirmed that he will build his promised wall on the Mexican border and deport up to three million undocumented migrants.


The Wall And The Beast: Trump's Triumph From The Mexican Side Of The Border, Luis Gomez Romero Jan 2016

The Wall And The Beast: Trump's Triumph From The Mexican Side Of The Border, Luis Gomez Romero

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

Donald Trump is the president-elect of the United States, even though political pundits predicted that he would not even win the Republican presidential nomination. In the end, more 59 million Americans voted for him. On inauguration day in January, many of Trump's voters will be looking forward - among other campaign promises - to the construction of a wall along the Mexican border. This means a physical barrier over 3,000 kilometres in length, on a border that one million people legally cross on a daily basis, producing half a trillion dollars in annual trade.


The Limits To Maritime Security Collaboration In The Indo-Pacific Region, Christopher Rahman Jan 2016

The Limits To Maritime Security Collaboration In The Indo-Pacific Region, Christopher Rahman

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

This paper takes a somewhat negative approach to the goal of building collaboration to address transnational maritime security issues in the Indo-Pacific. It does not make the case that seeking improvements in cooperation is unreasonable, unworkable or simply not worthwhile - only that there exist sound reasons why strict limits to maritime security cooperation pertain in many circumstances. Some of those reasons may be due to temporary contexts, such as short-term political factors. Others may relate to problems inherent in the particular issue in question, and yet others may be deeply structural and, indeed, intractable. My argument therefore is structured …


Five Propositions On Ferals, Fiona Probyn-Rapsey Jan 2016

Five Propositions On Ferals, Fiona Probyn-Rapsey

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

In September 2015, I gave a talk at Siteworks, an arts festival that takes place at Bundanon (see Bundanon Trust https://bundanon.com.au/) on the South Coast of New South Wales about two hours south of Sydney, Australia. The theme for the festival was "The Feral Amongst Us." In my talk, I started off by asking the audience about their relationships with companion animals; the response indicated that most had companion animals in their lives and cared about the quality of their relationships with animals. Asking an audience about their own relationships with animals is a common and useful strategy in Animal …


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 …


Review Of "Transcultural Writers And Novels In The Age Of Global Mobility", Michael R. Jacklin Jan 2016

Review Of "Transcultural Writers And Novels In The Age Of Global Mobility", Michael R. Jacklin

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

Mobility is a fact of contemporary life. Whether voluntary or forced, experiences of relocation are shaping the lives of millions and, increasingly, literature is turning to matters of transcultural and translingual identity that follow such relocations.


Who's Got The Power?, Sharon Beder Jan 2016

Who's Got The Power?, Sharon Beder

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

Electricity service is essential to modern life, yet the struggle to keep electricity within democratic control is being lost. Electricity systems are being progressively sold off and deregulated as if they were simple commodities in the market place, and decisions about electricity supply and distribution are being relegated to market forces.


Reflections On Censorship, Brian Martin Jan 2016

Reflections On Censorship, Brian Martin

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

Sue Curry Jansen's book Censorship: The Knot that Binds Knowledge and Power was published in 1988. I only discovered it several years later, and was immediately impressed. Normally, censorship is thought of as a government restriction on information, for example in dictatorships or during wartime. Therefore, most of the concerns expressed about censorship - including condemnations, justifications and discussions - are about governments. Sue took a broader view, seeing corporate power as a key driver of censorship: keeping some sorts of information confidential can serve the interests of corporations, and likewise certain sorts of knowledge claims are threatening to them. …


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 …


State Of The States: New South Wales And The Issues Resounding In Bellwether Seats, Gregory C. Melleuish Jan 2016

State Of The States: New South Wales And The Issues Resounding In Bellwether Seats, Gregory C. Melleuish

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

Elections in Australia tend to be won and lost in regional and outer suburban areas, often including semi-rural areas. This is certainly the case in New South Wales, which has a good number of such seats, both surrounding Sydney and up and down the coast.


Nsw Budget Delivers A Fat Surplus, But Mixed Bag For Turnbull's Chances, Gregory C. Melleuish Jan 2016

Nsw Budget Delivers A Fat Surplus, But Mixed Bag For Turnbull's Chances, Gregory C. Melleuish

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

At the most basic level a government budget is about two things: revenue and spending. True happiness, as Mr Micawber would say, lies in ensuring that outgoings do not exceed what comes in.


Coal Was King Of The Industrial Revolution, But Not Always The Path To A Modern Economy, Simon Ville Jan 2016

Coal Was King Of The Industrial Revolution, But Not Always The Path To A Modern Economy, Simon Ville

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

As the world moves to combat climate change, it's increasingly doubtful that coal will continue to be a viable energy source, because of its high greenhouse gas emissions. But coal played a vital role in the Industrial Revolution and continues to fuel some of the world's largest economies. This series looks at coal's past, present and uncertain future, starting today with how it's formed.


What's Gender Solidarity Got To Do With It? Woman Shaming And Hillary Clinton, Sharon Crozier-De Rosa Jan 2016

What's Gender Solidarity Got To Do With It? Woman Shaming And Hillary Clinton, Sharon Crozier-De Rosa

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

Shame has its hands all over the US presidential campaign, whether through slut-shaming, fat-shaming, vote-shaming or just plain old Hillary-shaming.


The Sea, The Sea, Catherine Cole Jan 2016

The Sea, The Sea, Catherine Cole

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

In this short story from the collection, Sea Birds Crying in the Harbour Dark, a small boy from the Australian outback brings the sea into the class room.


Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis Jan 2016

Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis

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

There is ample evidence of systematic cruelty and regulatory failure with which to justify the New South Wales government's decision to ban greyhound racing. But this is a single industry in a single state - if we step back and look at the wider picture we see a telling lack of consistency in animal welfare policy and practice around the nation.