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

Law Commons

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

Articles 31 - 60 of 1888

Full-Text Articles in Law

Dynamic Paths Of Innovation In Natural Resource Industries In Australia And Norway Since World War Two, Simon Ville, Olav Wicken, John Dean Jan 2019

Dynamic Paths Of Innovation In Natural Resource Industries In Australia And Norway Since World War Two, Simon Ville, Olav Wicken, John Dean

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

This paper challenges Ed Barbier's influential contribution to the resources and economic development debate and extends our understanding of the process of resource-based development in two relevant economies since World War Two. We argue that: the expansion of resource-based industries remained a viable path of economic development in the 'contemporary era' since the 1950s; nations have modernised their economies while continuing to invest in resource industries; and innovation frontiers more than physical frontiers shaped the development of natural resource industries. We build our argument by providing a comparative study of two successful resource-based economies, Australia and Norway. Our focus is …


Gendered Emotion Management And Teacher Outcomes In Secondary School Teaching: A Review, Rebecca Olson, Jordan J. Mckenzie, Kathy Mills, Roger Patulny, Alberto Bellocchi, Fiona Caristo Jan 2019

Gendered Emotion Management And Teacher Outcomes In Secondary School Teaching: A Review, Rebecca Olson, Jordan J. Mckenzie, Kathy Mills, Roger Patulny, Alberto Bellocchi, Fiona Caristo

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

This systematic search and review of international literature (1979-2017) finds links between emotion management and gender (in 1/2 the studies), and teaching attrition outcomes (1/3). Results contextualise these connections, suggesting female teachers use deep acting strategies, though experience more emotional exhaustion and unpleasant emotions. Male teachers practice distancing and surface acting, and experience depersonalisation, but also success in controlling disruptions and stimulating subject interest. Studies are limited by self-reported data and omission of school context, but highlight important teacher organisational identifications, suggesting future research use observational methods for understanding emotion management as an embedded, interactionist phenomenon.


Acting Oneself As Another: An Actor's Empathy For Her Character, Shaun Gallagher, Julia Gallagher Jan 2019

Acting Oneself As Another: An Actor's Empathy For Her Character, Shaun Gallagher, Julia Gallagher

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

What does it mean for an actor to empathize with the character she is playing? We review different theories of empathy and of acting. We then consider the notion of "twofoldness" (Wollheim), which has been used to characterize the observer or audience perspective on the relation between actor and character (Smith). This same kind of twofoldness or double attunement applies from the perspective of the actor herself who must, at certain points of preparation, distinguish between the character portrayed and her own portrayal effected in her craft. We argue that this concept helps us to understand how the actor can …


Submission To Nsw Law Reform Commission Review Into Consent In Relation To Sexual Offences In Response To Consultation Paper 21, Julia Quilter Jan 2019

Submission To Nsw Law Reform Commission Review Into Consent In Relation To Sexual Offences In Response To Consultation Paper 21, Julia Quilter

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

No abstract provided.


Killed In The Line Of Work Duties: We Need To Fix Dangerous Loopholes In Health And Safety Laws, Diana J. Kelly Jan 2019

Killed In The Line Of Work Duties: We Need To Fix Dangerous Loopholes In Health And Safety Laws, Diana J. Kelly

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

There is a pressing need to define employer responsibility when there is a "triangulated" employment relationship - such as between a worker, labour hire organisation and a host employer. This is an area where unions have rightly been calling for greater clarity and specificity.


Enactive Social Cognition: Diachronic Constitution & Coupled Anticipation, Alan Jurgens, Michael D. Kirchhoff Jan 2019

Enactive Social Cognition: Diachronic Constitution & Coupled Anticipation, Alan Jurgens, Michael D. Kirchhoff

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

This paper targets the constitutive basis of social cognition. It begins by describing the traditional and still dominant cognitivist view. Cognitivism assumes internalism about the realisers of social cognition; thus, the embodied and embedded elements of intersubjective engagement are ruled out from playing anything but a basic causal role in an account of social cognition. It then goes on to advance and clarify an alternative to the cognitivist view; namely, an enactive account of social cognition. It does so first by articulating a diachronic constitutive account for how embodied engagement can play a constitutive role in social cognition. It then …


Why Slow Tv Deserves Our (Divided) Attention, Aaron L. Burton Jan 2019

Why Slow Tv Deserves Our (Divided) Attention, Aaron L. Burton

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

SBS's suite of slow TV programs, "Slow Summer", arrived at a fortuitous time in our annual media trajectory, when we were briefly relieved of the busyness plaguing our lives.


Low-Key Nsw Election Likely To Reveal A City-Country Divide, Gregory C. Melleuish Jan 2019

Low-Key Nsw Election Likely To Reveal A City-Country Divide, Gregory C. Melleuish

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

It may come as news to many people living in New South Wales, but there is a state election to be held on March 23. There has been little of the hullabaloo associated with elections, although I have noticed the occasional election poster in the front yards of houses as I walk along the street.


Conceptions Of Human Rights, David A. Neil Jan 2019

Conceptions Of Human Rights, David A. Neil

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

This chapter considers moral realism, our capacity for moral judgment, the diversity of systems of moral belief, and the normative force of human rights. It argues that the justification of moral practice, as we ordinarily understand it, does not require belief in God. Indeed, in some areas of ethical theory, atheism has explanatory advantages over theism.


López Obrador Clashes With Courts After Vowing ‘Poverty’ For Mexican Government, Luis Gomez Romero Jan 2019

López Obrador Clashes With Courts After Vowing ‘Poverty’ For Mexican Government, Luis Gomez Romero

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

Mexico's new president has reduced his own salary and demanded that all federal workers – including lawmakers and judges – take a massive pay cut, too. That may be illegal.


Babashook: The Babadook, Gay Iconography And Internet Cultures, Renee Middlemost Jan 2019

Babashook: The Babadook, Gay Iconography And Internet Cultures, Renee Middlemost

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

Upon its 2014 release, Australian film The Babadook (Kent, 2014), gained critical acclaim worldwide. While the film gathered high praise, its domestic release was impeded by a lack of marketing support and ongoing debate about the quality of Australian horror films. By 2015, The Babadook was available to stream on Netflix in the United States, and one would imagine, to gradually fade from view. Yet a seemingly innocent categorization error on Netflix in 2016, which listed The Babadook as an LGBT interest film, resulted in a revival of the film's popularity as a cult film and the emergence of the …


Securing A Just Space For Small-Scale Fisheries In The Blue Economy, Philippa J. Cohen, Edward H. Allison, Neil L. Andrew, Joshua E. Cinner, Louisa S. Evans, Michael Fabinyi, Len R. Garces, Stephen J. Hall, Christina C. Hicks, Terry P. Hughes, Svein Jentoft, David J. Mills, Rosalie Masu, Emmanuel K. Mbaru, Blake D. Ratner Jan 2019

Securing A Just Space For Small-Scale Fisheries In The Blue Economy, Philippa J. Cohen, Edward H. Allison, Neil L. Andrew, Joshua E. Cinner, Louisa S. Evans, Michael Fabinyi, Len R. Garces, Stephen J. Hall, Christina C. Hicks, Terry P. Hughes, Svein Jentoft, David J. Mills, Rosalie Masu, Emmanuel K. Mbaru, Blake D. Ratner

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

The vast developmental opportunities offered by the world's coasts and oceans have attracted the attention of governments, private enterprises, philanthropic organizations, and international conservation organizations. High-profile dialogue and policy decisions on the future of the ocean are informed largely by economic and ecological research. Key insights from the social sciences raise concerns for food and nutrition security, livelihoods and social justice, but these have yet to gain traction with investors and the policy discourse on transforming ocean governance. The largest group of ocean-users - women and men who service, fish and trade from small-scale fisheries (SSF) - argue that they …


It's All About The Sex, Or Is It? Humans, Horses And Temperament, Kate Fenner, Georgina Caspar, Michelle Hyde, Cathrynne Henshall, Navneet Dhand, Fiona S. Probyn-Rapsey, Katherine Dashper, Andrew Mclean, Paul Mcgreevy Jan 2019

It's All About The Sex, Or Is It? Humans, Horses And Temperament, Kate Fenner, Georgina Caspar, Michelle Hyde, Cathrynne Henshall, Navneet Dhand, Fiona S. Probyn-Rapsey, Katherine Dashper, Andrew Mclean, Paul Mcgreevy

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

We propose that the anthropomorphic application of gender stereotypes to animals influences human-animal interactions and human expectations, often with negative consequences for female animals. An online survey was conducted to explore riders' perceptions of horse temperament and suitability for ridden work, based on horse sex. The questionnaire asked respondents to allocate three hypothetical horses (a mare, gelding and stallion) to four riders compromising a woman, man, girl and boy. Riders were described as equally capable of riding each horse and each horse was described as suitable for all riders. Participants were also asked which horses (mares, geldings or stallions) were …


Normativity With A Human Face: Placing Intentional Norms And Intentional Agents Back In Nature, Glenda L. Satne, Bernardo Ainbinder Jan 2019

Normativity With A Human Face: Placing Intentional Norms And Intentional Agents Back In Nature, Glenda L. Satne, Bernardo Ainbinder

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

Many philosophers identify normativity as the distinctive mark of intentionality. Among them, John McDowell has underscored the need to overcome any form of dualism between reason and nature in order to properly account for the way in which such norms can be about the world around us, dubbing this project a "rehabilitation of empiricism." Steven Crowell argues that McDowell's notion of experience falls short in accounting for the way in which we can experience the world as normative and is hence insufficient for rehabilitating empiricism in McDowell's sense. In this chapter, we will contend that Crowell's attempt to provide a …


Perceptions Of Islam And Muslims In Contemporary Japan, Atsushi Yamagata Jan 2019

Perceptions Of Islam And Muslims In Contemporary Japan, Atsushi Yamagata

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

In Japan, the population of Muslim residents is estimated to be only around 170,000; however, the number of Muslims visiting or living in Japan is expected to increase in the future. There have been some studies to date focusing on the development of Muslim communities in Japan, but there has only been limited discussion of perceptions of Islam and Muslims in Japan. In this article, I explore perceptions of Islam and Muslims by analysing incidences of official surveillance of Muslims in Japan, displays of anti-Islamic sentiment by ultra-conservative activists, and newspaper articles about Muslims in Japan. Following the recent influx …


Who Was Jane Walker? Remembering Women's Activism, Sharon Crozier-De Rosa, Vera Mackie Jan 2019

Who Was Jane Walker? Remembering Women's Activism, Sharon Crozier-De Rosa, Vera Mackie

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

In April 2019, Time Magazine released its annual list of the ‘100 most influential people’. Alongside such leaders as US House Speaker Nancy Pelosi and New Zealand Prime Minister Jacinda Ardern, a surprising figure came in at number 101: Jane Walker.


How Fighting For The Vote Exposed The Hierarchy Of Nationalisms In The Uk, Sharon Crozier-De Rosa Jan 2019

How Fighting For The Vote Exposed The Hierarchy Of Nationalisms In The Uk, Sharon Crozier-De Rosa

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

The Irish border, and subsequently Irish politics, have been declared ‘troublesome’ in negotiations over Brexit – Britain’s exit out of the European Union. As the BBC reports, "In 2018, the Irish border assumed a greater role in British politics than at probably any time since it was created." Yet, ongoing attempts to make sense of Brexit has led some commentators to claim that it is not troublesome Irish politics – it is not even Britain’s relationship with Europe – but rather, it is the relationship between the four-nation state United Kingdom and British democracy that is the problem.


As Question Time Becomes Political Theatre, Does It Still Play A Vital Role In Government?, Gregory C. Melleuish Jan 2019

As Question Time Becomes Political Theatre, Does It Still Play A Vital Role In Government?, Gregory C. Melleuish

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

Question Time is, in a sense, the highlight of any day of parliament. It is televised and attracts the attention of the media, providing political leaders with fairly regular public exposure. If parliament is about theatre, this is the headlining act. It is a major opportunity for the government of the day to strut its stuff and for the opposition to embarrass the government. In theory, question time is about accountability. But in practice, it is about politics.


On The Margins, Rowan Cahill Jan 2019

On The Margins, Rowan Cahill

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

An overview of the work of Iain McIntyre, and a review of his anthology, On the Fly! Hobo Literature and Songs, 1879-1941.


Comparative Hierophany At Three Object Scales, Teodor E. Mitew Jan 2019

Comparative Hierophany At Three Object Scales, Teodor E. Mitew

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

There was once a village, and close by it there was a waterfall. Villagers believed that under the waterfall there lived a stone golem. This golem was thought to be largely good-natured, as it wouldn't mind people bathing in the pool downstream. Old people remembered that once the golem saved a drowning child by putting a rock under its feet. Many years passed, and the Bureau of Tourism and Recreation briefly considered using this story in its advertising materials for the region. Senior management rejected the idea, as it was thought to contain folklore elements that may be confusing to …


A Slow Reading Of Olive Senior's Hurricane Story, Anne A. Collett Jan 2019

A Slow Reading Of Olive Senior's Hurricane Story, Anne A. Collett

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

Over the course of the 20th century, recourse to satellite and radar technology, and the use of reconnaissance aircraft, has greatly assisted the tracking of tropical cyclones. In addition, data buoys are now employed throughout the Gulf of Mexico and along the Atlantic and Pacific seaboards to relay air and water temperature, wind speed, air pressure and wave conditions that enable more accurate prediction and monitoring of storm systems. But before the people of the Caribbean had recourse to modern instrumentation and communication, surviving a regular hurricane season was founded on sensitivity to environment, accumulated knowledge passed from one generation …


Over-The-Top Policing Of Bike Helmet Laws Targets Vulnerable Riders, Julia Quilter, Russell G. Hogg Jan 2019

Over-The-Top Policing Of Bike Helmet Laws Targets Vulnerable Riders, Julia Quilter, Russell G. Hogg

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

Cycling is often held up as a model of healthy and sustainable urban transport. So why have bike laws become more, not less, draconian? Our ongoing research shows mandatory helmet laws have become a tool of disproportionate penalties and aggressive policing.


Interactive Expertise In Solo And Joint Musical Performance, Simon Hoffding, Glenda L. Satne Jan 2019

Interactive Expertise In Solo And Joint Musical Performance, Simon Hoffding, Glenda L. Satne

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

The paper presents two empirical cases of expert musicians-a classical string quartet and a solo, free improvisation saxophonist-to analyze the explanatory power and reach of theories in the field of expertise studies and joint action. We argue that neither the positions stressing top-down capacities of prediction, planning or perspective-taking, nor those emphasizing bottom-up embodied processes of entrainment, motor-responses and emotional sharing can do justice to the empirical material. We then turn to hybrid theories in the expertise debate and interactionist accounts of cognition. Attempting to strengthen and extend them, we offer 'Arch': an overarching conception of musical interaction as an …


Designing Virtuous Sex Robots, Anco Peeters, Pim Haselager Jan 2019

Designing Virtuous Sex Robots, Anco Peeters, Pim Haselager

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

We propose that virtue ethics can be used to address ethical issues central to discussions about sex robots. In particular, we argue virtue ethics is well equipped to focus on the implications of sex robots for human moral character. Our evaluation develops in four steps. First, we present virtue ethics as a suitable framework for the evaluation of human-robot relationships. Second, we show the advantages of our virtue ethical account of sex robots by comparing it to current instrumentalist approaches, showing how the former better captures the reciprocal interaction between robots and their users. Third, we examine how a virtue …


The Imitation Game: Mock Foods In The Australian Women's Weekly, 1933-82, Lauren Samuelsson Jan 2019

The Imitation Game: Mock Foods In The Australian Women's Weekly, 1933-82, Lauren Samuelsson

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

This article explores the rise and demise of mock food in Australian food culture by analysing recipes drawn from the pages of the Australian Women's Weekly. Mock foods were approximations and substitutions for 'the real thing' and were especially popular during the years of austerity and scarcity generated by the Great Depression and World War II. The fluctuating popularity of these foods, including mock chicken and mock cream, reveals the shifting cultural importance of various foodstuffs to the Australian diet. Their appearance also demonstrates the remarkable ability of Australian domestic cooks, especially women, to adopt, adapt and innovate, an important …


Exoticism Or Visceral Cosmopolitanism: Difference And Desire In Chinese Australian Women's Writing, Wenche Ommundsen Jan 2019

Exoticism Or Visceral Cosmopolitanism: Difference And Desire In Chinese Australian Women's Writing, Wenche Ommundsen

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

In Visceral Cosmopolitanism, Mica Nava posits a positive and, by her own admission, utopian alternative to postcolonial readings of the sexualisation of difference: a cosmopolitanism located with the antiracist 'micro-narratives and encounters of the emotional, gendered and domestic everyday' (2007: 14). Olivia Khoo, in The Chinese Exotic, defines a new, diasporic Chineseness which 'conceives of women and femininity, not as the oppressed, but as forming part of the new visibility of Asia' (2007: 12). My reading of recent fiction by Chinese Australian women writers proposes to test these theories against more established models for understanding East/West intimate encounters such as …


The Impending Demise Of The Wto Appellate Body: From Centrepiece To Historical Relic?, Markus Wagner Jan 2019

The Impending Demise Of The Wto Appellate Body: From Centrepiece To Historical Relic?, Markus Wagner

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

The current crisis engulfing the multilateral trading system has crystalized in the dispute over the (re-)appointment of the members of the World Trade Organization's Appellate Body. While the legislative arm of the organization has never lived up to its potential, its dispute settlement arm with the Appellate Body at its apex was seen as a lodestar for other international courts and tribunals. The United States has taken issue not only with individual decisions of the Appellate Body (as well as individual Appellate Body members), but with the institution as such. The article recounts the important institutional redesign that has led …


Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis Jan 2019

Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis

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

This article analyses the relationships between the colonial government in the Federated Malay States (FMS), international social movement organisations, the League of Nations and sex trafficking. While there is considerable scholarship on social movement organisations and the League of Nations, far less is known about the links between internationalism, colonialism and sex trafficking. After the First World War, trafficking became the focus of social movement organisations and the League of Nations, but colonial regulation of prostitution and tolerated brothels complicated international responses to trafficking. Colonial administrators saw prostitution as an essential service, whereas feminist and international social movement organisations saw …


The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk Jan 2019

The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk

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

Model United Nations (MUN) simulations are an increasingly popular approach to teaching international relations, in both secondary and tertiary education. There is some evidence, however, that these simulations disadvantage female participants. Studies by Rosenthal et al. and Coughlin found that female students participate less in simulations than their male classmates. This may limit the value of simulations, which have otherwise been recognized as an effective active learning technique. This study investigates the impact of gender, and an intervention designed to address gender disparities in participation, on a MUN simulation conducted in a second-year undergraduate course. The study confirmed previous findings …


Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo Jan 2019

Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo

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

While it has long been accepted that a 'confirmed criminal is as much entitled to redress as his most virtuous fellow citizen',1 the defence of illegality has the potential to entirely divest plaintiffs of private law remedies. In light of the anomalous approach to the illegality defence adopted by the High Court of Australia in Miller v Miller, this article considers whether Australia's illegality defence in the general law of torts requires reformulation. In adopting a comparative approach, the article demonstrates that although Australia's duty-based illegality defence is criticised for being unusual and indeed unjust, the discretionary-based approach implemented within …