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Full-Text Articles in Law

Defending University Integrity, Brian Martin Jan 2017

Defending University Integrity, Brian Martin

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

Universities are seldom lauded publicly for maintaining good processes and practices; instead, media stories commonly focus on shortcomings. Furthermore, universities, even when doing everything right, sometimes are unfairly targeted for criticism in circumstances in which making a public defence is difficult. A prominent case at the University of Wollongong shows how defending a university's integrity can be hampered by confidentiality requirements, lack of public understanding of thesis examination processes and of disciplinary expectations, and university procedures not designed for extraordinary attacks. The implication is that there can be value in fostering greater awareness of the ways that universities and disciplinary …


Early Challenges To Multilingualism On The Internet: The Case Of Han Character-Based Scripts, Mark J. Mclelland Jan 2017

Early Challenges To Multilingualism On The Internet: The Case Of Han Character-Based Scripts, Mark J. Mclelland

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

In today's hyper-mediated world where computer software can deal seamlessly with a variety of the world's languages and scripts, it is difficult to recall the seemingly insurmountable computing problems raised by "Han" character-based scripts such as Chinese, Japanese (and to a lesser extent, Korean). In the early days of networked computing, some commentators even argued that the continued use of Han characters was a lost cause, and could only result in "intolerable inefficiencies" when used to communicate digital information. In this paper, I consider the orthographic factors that delayed the implementation of cross-platform protocols allowing for the input, display and …


A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs Jan 2017

A History Of Aboriginal Illawarra, Volume 2 : Colonisation, Mike Donaldson, Les Bursill, Mary Jacobs

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

Near Broulee Point, south of Batemans Bay, once stood a wooden look-out platform used for generations by Leonard Nye’s family. The Dhurga were fisherfolk and through the ages they would gather to assess the seas and the weather before setting off. The job of the lookout who remained there was to signal those on the water and on the beach below about the location and direction of sea mammals and shoals of fish. Such lookout posts exist also at Hill 60 at Port Kembla and up and down the South Coast, and it is from them that people observed the …


The Deceptive Activist, Brian Martin Jan 2017

The Deceptive Activist, Brian Martin

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

In your action group, is it ever beneficial to lie to other members? When is it wise to lie to authorities? If a member of your group has done something wrong, is it better to be open about it now or keep it hidden in the hope that outsiders will never know? What are the pros and cons of infiltrating opposition groups to collect information about harmful activities? Should we wear masks at rallies? There's lots of research showing that lying is an everyday occurrence in most people's lives, and furthermore that lies can be beneficial in some circumstances. But …


Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin Jan 2017

Ruling Tactics: Methods Of Promoting Everyday Nationalism, How They Serve Rulers And How To Oppose Them, Brian Martin

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

Most people think of the world as divided into countries, and many people identify with their "own" country. Because there's nothing natural in this, governments and others need to continually encourage identification with the nation. This serves those with power and wealth. Ruling Tactics outlines the methods commonly used to foster everyday nationalism and how they can be countered. These methods are described in a range of areas, including crime, sport, language, economics, terrorism and war. This book can serve as a practical manual for recognising how thinking is oriented towards the state, and how this sort of thinking can …


Funding Our Farmers, Simon Ville Jan 2017

Funding Our Farmers, Simon Ville

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

While we may think of the energy and manufacturing industries as the capital intensive consumers of financial markets funds, farmers have required extensive financial assistance since the earliest days of colonial settlement.


The Legal Status Of Jerusalem: Is Trump Right?, Gregory L. Rose Jan 2017

The Legal Status Of Jerusalem: Is Trump Right?, Gregory L. Rose

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

President Donald Trump's decision to move the US embassy in Israel from Tel Aviv to Jerusalem has been subject to intense international scrutiny. Amid the debate, what does the law suggest?


Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore Jan 2017

Histories Of Internet Games And Play: Space, Technique, And Modality, Teodor E. Mitew, Christopher L. Moore

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

No abstract provided.


Cognitive Ontology In Flux: The Possibility Of Protean Brains, Daniel D. Hutto, Anco Peeters, Miguel Segundo Ortin Jan 2017

Cognitive Ontology In Flux: The Possibility Of Protean Brains, Daniel D. Hutto, Anco Peeters, Miguel Segundo Ortin

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

This paper motivates taking seriously the possibility that brains are basically protean: that they make use of neural structures in inventive, on-the-fly improvisations to suit circumstance and context. Accordingly, we should not always expect cognition to divide into functionally stable neural parts and pieces. We begin by reviewing recent work in cognitive ontology that highlights the inadequacy of traditional neuroscientific approaches when it comes to divining the function and structure of cognition. Cathy J. Price and Karl J. Friston, and Colin Klein identify the limitations of relying on forward and reverse inferences to cast light on the relation between cognitive …


Convicts In The Cowpastures, An Untold Story, Ian C. Willis Jan 2017

Convicts In The Cowpastures, An Untold Story, Ian C. Willis

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

The story of European settlement in the Cowpastures is intimately connected to the story of the convicts and their masters. This story has not been told and there is little understanding of the role of the convicts in the Cowpastures district before 1840. Who were they? What did they do? Did they stay in the district? The convicts that ended up the in Cowpastures district were part of the 160,000 who were transported to the Australian colonies from England, Wales, Ireland and the British colonies. The convicts were a form of forced labour, with a global history that goes back …


Duterte And His Quixotic War On Drugs, Lowell B. Bautista Jan 2017

Duterte And His Quixotic War On Drugs, Lowell B. Bautista

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

Philippine President Rodrigo Duterte has remained an enduring fodder of international news since he was sworn in as the country's 16th president in June 2016. Despite massive criticisms from within the Philippines and overseas, he seems intent on taking his country down an untrodden, dangerous, lawless and bloody path. The president's relentless campaign to eliminate drugs in the country has resulted in a rapidly rising number of deaths occurring on a daily basis. A little more than six months into the presidency of Rodrigo Duterte, records show that his anti-drug war campaign has resulted in over 7,000 deaths, or an …


In Mexico, Gas Is Fueling The Flames Of Revolt, Luis Gomez Romero Jan 2017

In Mexico, Gas Is Fueling The Flames Of Revolt, Luis Gomez Romero

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

It is already clear that 2017 will be a difficult year for Mexico - and not just because it will (or won't) have to pay for a "big, beautiful wall".


Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan Jan 2017

Contested Spaces: We Shall Fight On The Beaches..., Michelle A. Voyer, Natalie Gollan

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

Picture this. It's a beautiful sunny day. You arrive on the beach, find yourself a nice quiet area away from the crowds and set yourself up for a day of relaxation and fun in the sun. But then a large group arrives and sets themselves up right next to you. They're drinking heavily, swearing loudly and leaving their rubbish in the sand. And things are about to get worse. In the distance you can hear the unmistakable buzz of a jet ski heading for your once-quiet part of the beach. The day is lost. You pack up and head home. …


Mexico's New Plan For Facing Trump: Resistance, Luis Gomez Romero Jan 2017

Mexico's New Plan For Facing Trump: Resistance, Luis Gomez Romero

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

It's not easy to share a 3,000km border with a superpower.


What Does Donald Trump Think About Drugs?, Luis Gomez Romero Jan 2017

What Does Donald Trump Think About Drugs?, Luis Gomez Romero

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

In recent years, many countries - with the conspicuous exception of Indonesia and the Philippines - have been rethinking the international war on drugs. The world, it seems, has grown tired of mass incarceration, militarised law enforcement and endless interdiction of drug shipments that nonetheless keep arriving at borders.


El Chapo, Story Of A Kingpin - Or Why Trump's Plan To Defeat Mexican Cartels Is Doomed To Fail, Luis Gomez Romero Jan 2017

El Chapo, Story Of A Kingpin - Or Why Trump's Plan To Defeat Mexican Cartels Is Doomed To Fail, Luis Gomez Romero

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

Infamous Mexican drug kingpin Joaquín Archivaldo Guzmán Loera - aka "El Chapo" - currently faces 17 drug trafficking, murder, kidnapping and money laundering charges in the US, accrued over the past quarter-century.


Submission Re: City Of Melbourne's Proposed Activities (Public Amenity And Security) Local Law 2017, Luke J. Mcnamara, Julia Quilter, Tamara Walsh Jan 2017

Submission Re: City Of Melbourne's Proposed Activities (Public Amenity And Security) Local Law 2017, Luke J. Mcnamara, Julia Quilter, Tamara Walsh

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

No abstract provided.


Twitter Diplomacy: How Trump Is Using Social Media To Spur A Crisis With Mexico, Luis Gomez Romero Jan 2017

Twitter Diplomacy: How Trump Is Using Social Media To Spur A Crisis With Mexico, Luis Gomez Romero

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

Six days after taking office, President Donald Trump is facing the first international crisis of his administration. And it's unfolding on Twitter.


Germany's Government-Civil Society Development Cooperation Strategy: The Dangers Of The Middle Of The Road, Susan N. Engel Jan 2017

Germany's Government-Civil Society Development Cooperation Strategy: The Dangers Of The Middle Of The Road, Susan N. Engel

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

The Organisation for Economic Cooperation and Development (OECD) has been busy since the late 2000s studying the way aid donors manage their relations with development civil society organisations (CSOs). More than studying these relations, they have made some very detailed suggestions about how CSOs should be organised and how donor governments should fund and otherwise relate to them. This came out of the debate about aid effectiveness, which was formally aimed at improving both donor and recipient processes. Donors have quietly dropped many of the aspects related to improving their own performance and yet a number have created new interventionist …


The Drivers Of Firm Longevity: Age, Size, Profitability And Survivorship Of Australian Corporations, 1901-1930, Laura Panza, Simon Ville, David Merrett Jan 2017

The Drivers Of Firm Longevity: Age, Size, Profitability And Survivorship Of Australian Corporations, 1901-1930, Laura Panza, Simon Ville, David Merrett

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

Why do some firms last longer than others? This question has attracted considerable interest among scholars from business history, management and economics. Our article combines the business historian's macro view of the relationship between size, longevity, and economic development with quantitative modelling. We apply survival analysis to data relating to size, age and profitability, three first-order explanations of longevity, for Australian stock exchange (ASX) listed corporations from 1901 to 1930. The novelty of the article is twofold: we find that firm size is a poor predictor of longevity for the full sample but its age and profitability are highly significant; …


Australian Politics Explainer: Robert Menzies And The Birth Of The Liberal-National Coalition, Gregory C. Melleuish Jan 2017

Australian Politics Explainer: Robert Menzies And The Birth Of The Liberal-National Coalition, Gregory C. Melleuish

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

It has become an established fact of Australian politics that when the non-Labor side of politics is in power, the government will be a coalition of the Liberal Party and the National Party. This has been the case for almost 100 years, since the formation of the Country Party in 1920. Even on those occasions when the Liberals have won a House of Representatives majority in their own right, the Coalition has held


Brandom And The Second Person, Glenda L. Satne Jan 2017

Brandom And The Second Person, Glenda L. Satne

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

Brandom is one of the main advocators of the idea that meaning is instituted within basic linguistic practices through mutual exchanges. The aim of this paper is to show that such framework cannot do the required job if the dynamics of mutual exchanges is understood in interpretational terms. After arguing that the interpretational framework does not work, the paper presents an alternative second-personal conversational model capable of meeting the challenge.


'And The Lives Are Many': The Print Culture Of Australian Communism, Anthony I. Ashbolt, Rowan Cahill Jan 2017

'And The Lives Are Many': The Print Culture Of Australian Communism, Anthony I. Ashbolt, Rowan Cahill

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

The tradition of communist thought and practice in Australia is strong and fertile. So, too, the print culture associated with official Australian communism has a vibrant heritage and is populated by significant figures from the field of literature, history, politics, art, theatre and journalism. This article investigates that culture by focussing upon key characters, critical issues, and significant debates that propelled a movement whose influence and power in Australian life is too easily underestimated.


Sick Bunnies And Pocket Dumps: "Not-Selfies" And The Genre Of Self-Representation, Katrin Tiidenberg, Andrew M. Whelan Jan 2017

Sick Bunnies And Pocket Dumps: "Not-Selfies" And The Genre Of Self-Representation, Katrin Tiidenberg, Andrew M. Whelan

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

This article develops and troubles existing approaches to visual self-representation in social media, questioning the naturalized roles of faces and bodies in mediated self-representation. We argue that self-representation in digital communication should not be treated as synonymous with selfies, and that selfies themselves should not be reductively equated with performances of embodiment. We do this through discussing "not-selfies": visual self-representation consisting of images that do not feature the likenesses of the people who share them, but instead show objects, animals, fictional characters, or other things, as in the practices of #EDC ("everyday carry") and #GPOY ("gratuitous picture of yourself") on …


What Happens When Scientists Stand Up For Science, Brian Martin Jan 2017

What Happens When Scientists Stand Up For Science, Brian Martin

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

The 2017 March for Science was a powerful political statement by scientists. The marchers opposed political interference, budget cuts and lack of support for science at a government level. More commonly, though, scientists stay in their labs and avoid the public political spotlight. CSIRO scientist John Church - who initially acted as an individual (not a representative of his research institution) to "stand up for science" in 2015 - is cited as a recent example of the career ramifications that can flow from public activity. Actually, he's not alone. For years, outspoken scientists have encountered career difficulties and personal repercussions. …


'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez Jan 2017

'Unwanted Scraps' Or 'An Alert, Resolute, Resentful People'? Chinese Railroad Workers In French Congo, Julia T. Martinez

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

In the late 1920s, the colonial government of French Equatorial Africa decided to employ Chinese workers to complete their railway line. The employment of Chinese indentured labor had already become the subject of considerable international criticism. The Chinese government was concerned that the French could not guarantee worker health and safety and denied their application. However, the recruitment went ahead with the help of the government of French Indochina. This article explores the nature of Chinese worker protest during their time in Africa and their struggle against French notions of what constituted appropriate treatment of so-called coolie labor.


Asian Servants For The Imperial Telegraph: Imagining North Australia As An Indian Ocean Colony Before 1914, Julia T. Martinez Jan 2017

Asian Servants For The Imperial Telegraph: Imagining North Australia As An Indian Ocean Colony Before 1914, Julia T. Martinez

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

In the late nineteenth century, the officers of the Eastern Extension Australasia and China Telegraph Company provided north Australia with a cable connection to London via Java, Singapore, and India. The telegraph project prompted a new era of colonisation in tropical north Australia and the officers of the company sought to ensure that the north would be shaped according to their notions of Indian Ocean colonial culture. They insisted on employing Asian domestic servants in opposition to White Australian nationalists who advocated restrictions on Asian migration. Like the pearling industry, which was permitted ongoing access to Asian labour, the telegraph …


Where There Is Life There Is Mind: In Support Of A Strong Life-Mind Continuity Thesis, Michael D. Kirchhoff, Tom Froese Jan 2017

Where There Is Life There Is Mind: In Support Of A Strong Life-Mind Continuity Thesis, Michael D. Kirchhoff, Tom Froese

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

This paper considers questions about continuity and discontinuity between life and mind. It begins by examining such questions from the perspective of the free energy principle (FEP). The FEP is becoming increasingly influential in neuroscience and cognitive science. It says that organisms act to maintain themselves in their expected biological and cognitive states, and that they can do so only by minimizing their free energy given that the long-term average of free energy is entropy. The paper then argues that there is no singular interpretation of the FEP for thinking about the relation between life and mind. Some FEP formulations …


A Brush With Weimer, Rowan Cahill Jan 2017

A Brush With Weimer, Rowan Cahill

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

Forty-eight years ago tonight, it was the night before Pam (1948-2015) and I married, and we were amongst the small number of guests invited to a function to farewell Associate Professor Ernest K. Bramsted (1901-1978) as he retired from Sydney University and prepared to return to the UK where he had citizenship. He had come to Sydney University in 1952, but was now deemed to have reached his use-by date. As it turned out, he still had a couple of books in him, and some teaching gigs.


Governmentality And Fan Resistance In The Japan Pop Culture Sphere, Mark J. Mclelland Jan 2017

Governmentality And Fan Resistance In The Japan Pop Culture Sphere, Mark J. Mclelland

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

This essay looks at the mismatch between how ratings authorities and other 'juridical' bodies have authority to fix the meaning of a text in a manner that often opposes the understandings that circulate among a text's intended community of use. I look at a specific case - the banning in New Zealand of the popular anime Puni Puni Poemy due to the perception that it was liable to promote child abuse. I look at how the perception that manga, anime and other genres of Japanese popular culture are rated negatively by these juridical bodies as well as the press and …