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

Law Commons

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

Articles 31 - 60 of 265

Full-Text Articles in Law

The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson Jan 2013

The ‘New Frontier’: Emergent Indigenous Identities And Social Media, Bronwyn Carlson

Faculty of Law, Humanities and the Arts - Papers

The rapid rise in the use of social media as a means of cultural and social interaction among Aboriginal people and groups is an intriguing development. It is a phenomenon that has not yet gained traction in academia, although interest is gaining momentum as it becomes apparent that the use of social media is becoming an everyday, typical activity. In one episode of Living Black (an Australian television show featuring stories of interest to Indigenous people) entitled ‘‘Cyber Wars’’ (April 19th, 2010), several Aboriginal people commented on their Facebook use. Allan Clarke, one of the Aboriginal Facebook users featured, stated ...


Precarious Work, Neoliberalism And Young People’S Experiences Of Employment In The Illawarra Region, Scott Burrows Jan 2013

Precarious Work, Neoliberalism And Young People’S Experiences Of Employment In The Illawarra Region, Scott Burrows

Faculty of Law, Humanities and the Arts - Papers

Understanding young people’s employment experiences and transitions gives a greater appreciation of the nature of precarious work. Drawing on interview data with 30 participants from research conducted in 2011–2012, this article examines young people’s experiences of employment in the Illawarra region of New South Wales, Australia. Levels of unemployment and under-employment above the national average reflect two decades of globalised restructuring of the steel, coal and manufacturing industries which, together with agriculture, have historically been the region’s economic base. The growth of service and knowledge industries has been accompanied by new, ‘atypical’ or insecure work patterns ...


How Do You …? Use Film Viewing To Enhance Students’ Analytical Skills?, Alfredo Herrero De Haro Jan 2013

How Do You …? Use Film Viewing To Enhance Students’ Analytical Skills?, Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers

Many teachers, and I have been one of them, treat listening skills as something that is innate and that can be neither learnt nor taught. That is, as something that students either can or cannot do, and as something that teachers have no control over. However, trial and error in lessons has shown me how, irrespectively of students’ level in the L2, there are certain things that we can teach students to make them better listeners and to help them understand how to improve their (foreign) language comprehension.

The starting point will be preventing our students from being passive listeners ...


Water-Earth (3 Poems - Water Trail / Funeral Of The River /The Flowers That Would Not Open), Merlinda C. Bobis Jan 2013

Water-Earth (3 Poems - Water Trail / Funeral Of The River /The Flowers That Would Not Open), Merlinda C. Bobis

Faculty of Law, Humanities and the Arts - Papers

In the house, the taps have dried I am searching for the water In the backyard, the pump has dried I am searching for the water Around the corner, the well has dried I am searching for the water Up the hill, the creek has dried


Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr Jan 2013

Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr

Faculty of Law, Humanities and the Arts - Papers

This paper explores some issues at the intersection of regulation and religion, as they apply to food. It reports on a work in progress examining the regulations and values that affect choices at food and drink outlets in an inner suburban street in Sydney.

It is part of a larger projected study of food as a central social, material and religious concern. In it we are exploring questions around community relations in a culturally and religiously diverse society. Here I focus on the ways religious, ethical and scientific considerations interact with regulatory regimes, whether those of government, industry, or religious ...


Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland Jan 2013

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least ...


'The Books Don't Talk To Me!': Postgraduate Student Groups And Research Student Identity Formation, Felicity Bell, Rita Shackel, Linda Roslyn Steele Jan 2013

'The Books Don't Talk To Me!': Postgraduate Student Groups And Research Student Identity Formation, Felicity Bell, Rita Shackel, Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers

This paper explores alternative spaces for learning amongst postgraduate research (PGR) students in the form of research-related groups such as reading and discussion groups, writing groups, seminar series or social groups. Our research with PGR students and academics explores the pedagogy and role of such groups in student learning and identity formation. In this paper, we discuss our findings related to PGR student needs and the factors prompting the formation of research-related groups. A survey of 36 PGR students revealed that students were reasonably satisfied with the formal components of their research degrees such as supervision and mandatory units of ...


The Landmark James Hardie Case In Australia: A Wakeup Call For Non-Executive Directors, S M. Solaiman Jan 2013

The Landmark James Hardie Case In Australia: A Wakeup Call For Non-Executive Directors, S M. Solaiman

Faculty of Law, Humanities and the Arts - Papers

Company directors are not an ornament, but they are an essential component of corporate governance, and vigilant non-executive directors (NEDs) are believed to be crucial to good governance of corporations.' Recent corporate failures in the developed world underscore the need for an active role of private actors such as directors in good governance of corporations.

A company in legal concept is an entity created by law conferring artificial personality to represent individuals who operate it for profits or other purposes with perpetuity in its existence and simplicity in its contractual relations. • Corporations emerged as a division of society and gradually ...


Swells Of Enchantment, Agnieszka Golda, Martin V. Johnson Jan 2013

Swells Of Enchantment, Agnieszka Golda, Martin V. Johnson

Faculty of Law, Humanities and the Arts - Papers

Through a collaborative mixed-media installation, Golda and Johnson activate a critical space about the ways in which migrant and non-migrant artists can address the entanglement between the felt and socio-political dimensions of migratory and intercultural living in Australia.


One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield Jan 2013

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted


Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard Jan 2013

Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

Faculty of Law, Humanities and the Arts - Papers

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and ...


The Churchie Art Award For Emerging Artists, Teo Treloar Jan 2013

The Churchie Art Award For Emerging Artists, Teo Treloar

Faculty of Law, Humanities and the Arts - Papers

In contemporary art and culture, we are living within a constant flood of images, diluting our attention spans. Wollongong-based artist Teo Treloar would like to challenge our state, and to bring us back to central focus. He practices in painting and drawing, usually within an intimate scale, and uses a muted colour palette and minimal, relaxed tones.


Brazil's Economic Success: Between The Classic And The New Developmental State Models, Gabriel Garcia Jan 2013

Brazil's Economic Success: Between The Classic And The New Developmental State Models, Gabriel Garcia

Faculty of Law, Humanities and the Arts - Papers

In the aftermath of the Asian financial crisis, developing countries began questioning the neo-liberal development paradigm embedded in the so-called ‘Washington Consensus’ sponsored by international financial institutions such as the World Bank and the International Monetary Fund (IMF). The debate was reopened to discuss not only about which economic model was most suitable to promote development but also the role of the government and law in the development process.


The Legal Aspects Of Connectivity Conservation: A Concept Paper, Barbara Lausche, Malcolm Farrier, Jonathan Verschuuren, Antonio G. M La Vina, Arie Trouwborst Jan 2013

The Legal Aspects Of Connectivity Conservation: A Concept Paper, Barbara Lausche, Malcolm Farrier, Jonathan Verschuuren, Antonio G. M La Vina, Arie Trouwborst

Faculty of Law, Humanities and the Arts - Papers

This publication aims to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in this paper span international, regional, national and local levels. A range of legal instruments existing in most national legal systems, from conservation and sustainable use laws to land use planning, development control, voluntary conservation and economic instruments are explored. The paper is intended to offer concrete ideas of existing and potential legal tools and approaches that countries can use immediately to initiate priority connectivity conservation actions and ...


Remix: Practice, Context, Culture (Editorial), Andrew M. Whelan, Katharina Freund Jan 2013

Remix: Practice, Context, Culture (Editorial), Andrew M. Whelan, Katharina Freund

Faculty of Law, Humanities and the Arts - Papers

The word ‘remix’ marks venerable and longstanding creative practices and embeds them in a particular aesthetic, social and technological conjuncture. This is both the strength and the weakness of the term: in foreshortening the histories of that which it now names, it highlights the relationship between the participatory affordances of contemporary media technologies and the sense of contemporary media flows as recombinant; as involving the distributed reassembly, reconfiguration and circulation of pre-existing cultural and material elements. Remix situates this work as both artefact and practice, noun and verb. The risk is that in doing so, it is both dehistoricizing, and ...


(Wo)Man With Mirror - A User's Manual, Lucas M. Ihlein, Louise Curham Jan 2013

(Wo)Man With Mirror - A User's Manual, Lucas M. Ihlein, Louise Curham

Faculty of Law, Humanities and the Arts - Papers

Between 1966 and 1976, some independent filmmakers began to make works which questioned the mechanics of cinema. Expanded Cinema went beyond mere projection. This was the event of cinema -the space, the audience and the projection. The artists employed physical interventions in the cinema space, such as flashing light bulbs which illuminated the whole room, clouds of smoke which lit up the cone of light from the projector, and even the creation of mini-cinemas where the sense of touch, rather than sight, was utilised.*


"Global Jihad": The Canadian Experience, Samuel J. Mullins Jan 2013

"Global Jihad": The Canadian Experience, Samuel J. Mullins

Faculty of Law, Humanities and the Arts - Papers

This study aims to address the relative lack of research examining the Canadian experience of terrorism relating to the “Global Salafi Jihad.” The fundamental research question was “What have people living in, or from, Canada been doing to support or advance violent jihad either at home or abroad?” Data were collected on individuals active from the 1980s through to the end of 2011 in an effort to be as exhaustive as possible. They were analysed according to three broad categories: background variables; operational variables; and investigations and outcomes. The sample was further divided into two and results compared according to ...


Review Of Orgasmology By Annamarie Jagose, Guy R. Davidson Jan 2013

Review Of Orgasmology By Annamarie Jagose, Guy R. Davidson

Faculty of Law, Humanities and the Arts - Papers

As a scholarly object, orgasm, Annamarie Jagose notes, is -unruly- (XII). This book, however, amply demonstrates that orgasm-s unruliness can be conceptually and theoretically productive.


Target: Biomedicine And Racialized Geo-Body-Politics, Shiloh Krupar, Nadine Ehlers Jan 2013

Target: Biomedicine And Racialized Geo-Body-Politics, Shiloh Krupar, Nadine Ehlers

Faculty of Law, Humanities and the Arts - Papers

On August 1, 1896, W. E. B. Du Bois began a fifteen-month sociological study of "forty thousand or more people of Negro blood . . . living in the city of Philadelphia." Commissioned by the University of Pennsylvania, and eventually published as The Philadelphia Negro: A Social Study (1899), this work is widely recognized as the first great empirical book on black life in American society. Part of Du Bois' study included an analysis of the health conditions of Philadelphia's black population and might be seen as an example of a race-specific biopolitics of health. For Michel Foucault, biopolitics is that form ...


Tony Harris 1948-2013, Rowan Cahill Jan 2013

Tony Harris 1948-2013, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

Tony Harris was adept and multi-skilled. During his lifetime he was variously a public servant, teacher, academic, historian, journalist/editor. His teaching work also varied, and over time he taught in the secondary school, the Technical and Further Education (TAFE), and university systems.


Cultural Myths And Open Secrets: The Cattle Industries In Australia, Melissa Boyde Jan 2013

Cultural Myths And Open Secrets: The Cattle Industries In Australia, Melissa Boyde

Faculty of Law, Humanities and the Arts - Papers

In a meditation on the “question of identity” Gertrude Stein, modernist writer, art collector, dog lover, writes about one of the dogs she and her partner Alice B. Toklas lived with: “I am I because my little dog knows me” (Geographical History 99). In a later discussion on identity and creativity Stein again includes the statement about her dog, adding: I was just thinking about anything and in thinking about anything I saw something. In seeing that thing shall we see it without it turning into identity, the moment is not a moment and the sight is not the thing ...


Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall Jan 2013

Dodgy Science Or Global Necessity? Local Media Reporting Of Marine Parks, Michelle Voyer, Tanja Dreher, William Gladstone, Heather Goodall

Faculty of Law, Humanities and the Arts - Papers

The digital age and globalization has brought international issues to our doorstep and placed the local in the context of the global. News media have played a crucial role in allowing recognition and exploration of the global origins and outcomes of many environmental crises such as climate change, deforestation, threatened species management and biodiversity loss (Cottle, 2011c). The modern environmental movement has responded to the global scale of these crises with campaigns for global solutions. Many of these campaigns rely heavily on coordinated, collective action across a multitude of jurisdictions around the world, with the success of global campaigns dependent ...


Cultural Politics: Who Cares About The Arts?, Marcus O'Donnell Jan 2013

Cultural Politics: Who Cares About The Arts?, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers

The fact that the arts haven’t starred in this election and its media coverage is perhaps no big surprise. But it sends a disturbing signal about the place of the arts in our public discourse.

When Arts Minister Tony Burke and shadow arts spokesperson George Brandis addressed an arts forum in Western Sydney last week it was one of the few moments when the arts got a focus in media reporting, but even then coverage was scant. A single story appeared in the Fairfax papers, The Australian followed up their debate story with a Brandis profile and this week ...


Reporting That Silly $4bn Climate Funding Gaffe, Marcus O'Donnell Jan 2013

Reporting That Silly $4bn Climate Funding Gaffe, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers

My colleague David Holmes pointed out that the reporting on climate issues has been scant during this election.

This could change after today’s release of a report from the Climate Institute, based on modelling from Sinclair Knight Merz/MMA and Monash University’s Centre of Policy Studies.

The report found that the coalition’s Direct Action Plan would not achieve its target of 5% reduction in emissions by 2020 unless they spent a further $4.07bn. Based on the coalition’s currently projected expenditure, the report estimated emissions would rise by 9%.


They’Re Off In The Canberra Cup, Marcus O'Donnell Jan 2013

They’Re Off In The Canberra Cup, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers

The media’s focus on opinion polls, who’s in front, how close the election result will be and what the odds are in an election campaign is often criticized as horse race journalism.


Should Operations To Turn The Boats Around Be Kept Secret?, Sam Bateman Jan 2013

Should Operations To Turn The Boats Around Be Kept Secret?, Sam Bateman

Faculty of Law, Humanities and the Arts - Papers

Acting opposition leader Chris Bowen said in a doorstop interview earlier this week that:

There is absolutely no operational reason for the new minister of immigration not to be up front with the Australian people when a boat arrives and when a turn-back is attempted.

Unfortunately, this statement is not correct. Operation Sovereign Borders, a key plank of the Abbott government’s policy to stop asylum seeker arrivals by boat, is a military-led activity and there are operational reasons for information related to stopping the boats not being made public.

These relate to the modus operandi of the Special Forces ...


The End Of The Homosexual?, Marcus O'Donnell Jan 2013

The End Of The Homosexual?, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers

In a recent speech celebrating 30 years of the Victorian AIDS Council, Adam Carr, one of its founders who went onto pursue a PhD in history, made the point that:

…not many people get to make history in their youth, and then to come back 30 years later and pass judgement on their own actions.

Indeed, some academic historians might say it is a privilege too fraught to indulge.

But many contemporary academics have come to understand that the personal can be scholarly: that we not only have little to fear in foregrounding our own experience but that we have ...


The Paradox Of Power: Conceptions Of Power And The Relations Of Reason And Emotion In European And Chinese Culture, Jack Barbalet, Xiaoying Qi Jan 2013

The Paradox Of Power: Conceptions Of Power And The Relations Of Reason And Emotion In European And Chinese Culture, Jack Barbalet, Xiaoying Qi

Faculty of Law, Humanities and the Arts - Papers

An historical consequence of power relations in European culture has been a dichotomy of reason and emotion. This pattern did not arise in China, one of the oldest and most enduring structures of power in human history. The social basis of the Chinese concept of xin (heart-mind) is considered in the paper, and a discussion of a characteristic Chinese conception of power is also presented.


Justice And The Identities Of Women: The Case Of Indonesian Women Victims Of Domestic Violence Who Have Access To Family Court, Rika Saraswati Jan 2013

Justice And The Identities Of Women: The Case Of Indonesian Women Victims Of Domestic Violence Who Have Access To Family Court, Rika Saraswati

Faculty of Law, Humanities and the Arts - Papers

The Family Court is the most important institution for Indonesian women who have experienced domestic violence. The institution becomes their last resort to end the violence and to obtain their rights as wives when the performance of criminal justice system is not satisfying. The women’s rights as wives are basically regulated in the Marriage Act 1974 and other implementing regulations of the Act. In reality, the rights of the women in this study, that they expected to be fulfilled, were different for each individual woman victim of domestic violence because of the diverse implementation of regulations in the Family ...


Being In The Moment: Art And Mindfullness (Urban Abstractions), Marcus O'Donnell Jan 2013

Being In The Moment: Art And Mindfullness (Urban Abstractions), Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers

NTI’s third art exhibition will continue to explore and develop the conversation and related themes of Australian Artists in the Asian Century. being in the moment: art and mindfulness will feature contemporary local artists whose works respond to teachings about mindfulness, and the concepts of attention and awareness.