Law Commons^™

Language Literacy And Diversity @ 21st Century: A New Basics For Designing Global Learning, Koo Yew Lie, Peter Kell, Wong Fook Fei

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

Editorial: This volume examines learning and the learner as situated in a range of social and institutional contexts in Australia and Malaysia. This is the second volume in a special themed collection of two volumes on language, literacy and education in changing times. This volume explores the intersections between ICT, globalisation and institutional change with the issue of multilingualism and literacy (ways of reading, writing, speaking, listening and communicating in two or more languages) in environments of complex multiple and intersecting agendas of change.

Arthur And Corinne Cantrill: The Film's The Thing. [Experimental Film Makers Interviewed By Burt, Warren.], Warren Burt

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

They bought their Bolex camera in 1960, and their first experimental films followed in 1961-62. Films like Mud, Kinegraffiti, Galaxy and Nebulae, were all more or less stylised or abstract with sound-tracks inspired by musique concrete experiments. In the years that followed, they made a large number of films, published 100 issues of Cantrills Film notes and gave innumerable screenings of works by themselves and other experimental filmmakers. This is a severely edited version of an interview conducted by Warren Burt via telephone on 2 September 2006.

Pvi Collective, Sarah Miller

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

Review: reform, pvi collective, Northbridge, Perth, 25 May - 4 June 2006

Working With Global English: The Experience Of English Language Teachers In A University Language College, Peter Kell, Gillian Vogl

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

Through in-depth interviews and focus groups with English Language teachers employed at a university bridging college, this paper explores the challenges that teachers face in preparing international students for university life in Australia. Findings from this research suggest that the narrow business focused objectives of the English Language market undermine more holistic approaches to teaching English. A more holistic approach is required to respond to the social and cultural needs of students while they are studying in Australia. Nevertheless, this research suggests that regardless of the instrumental and reductionist neo liberal philosophy which informs these programs, meaningful intercultural dialogue, critical …

Investor Protection And Civil Liabilities For Defective Prospectuses: Bangladeshi Laws Compared With Their Equivalents In India And Malaysia, S M. Solaiman

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

The Bangladesh securities market came into being in 1954, but it still remains in its infancy. The Disclosure-Based Regulation (DBR), a regulatory regime useful for the developed securities markets, was adopted in January 1999 for an embryonic securities market in Bangladesh by discarding the previous merit regulation. The new philosophy came into effect without any significant changes being made in the old legal and regulatory framework of initial public offerings (IPOs).

A Cappella And Diva: A Collaborative Process For Individual Academic Writing, Wendy Beck, Kerry Dunne, Josie Fisher, Jane O'Sullivan, Alison Sheridan

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

Picture this: Five academic women are sitting at a round table in an elegant nineteenth century room located in a rural landscape in regional NSW. Sometimes with coffee, sometimes over lunch, the conversation ranges broadly across the spectrum of the personal, policy and university politics. Having traversed the terrain in which they work-workload, juggling the responsibilities that traditionally fall to women-the talk comes round to the business of the day: writing for publication. Here is how a typical meeting unfolds: they provide updates on their research successes, and then proceed to the discussion and critical response to a current piece …

Japanese Government Policy And The Reality Of The Lives Of The Zanryu Fujin, Rowena G. Ward

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

The zanryu fujin, (or stranded war wives) are former Japanese female emigrants to Manchuria who, for various reasons, remained in China at the end of World War Two. They were for a long time the forgotten members of Japan's imperialist past. The reasons why the women did not undergo repatriation during the years up to 1958, when large numbers of the former colonial emigrants returned to Japan, are varied, but in many cases, their 'Chinese' families played some part. The stories of survival by these women during the period immediately after the entry of Russia into the Pacific War …

To The Smell Of Pineapples: Writing A Queensland Auto-Bio-Graphie, Francesca T. Rendle-Short

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

I grew up eating pineapples in everything; well, nearly everything (let's not exaggerate). They were a sweetener, made things juicy. Pineapple jam, pineapple breadcrumbs stuffed in the chicken roast for Sunday lunch after church, pineapple on the barbeque for the Christian folk my parents (MotherJoy and Onward) invited home, crushed pineapple in the punch, pineapple in the boiled fruitcake, pineapple in sandwiches as a treat through the summer holidays, pineapple in the curried rice salad for days my mother felt adventurous. We ate from pineapples too. Imagine then refined white sugar being spooned out of a fancy pineapple canister with …

Covert Disclosures: Unauthorised Leaking, Public Officials And The Public, Kathryn Flynn

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

This paper highlights the role of unofficial sources—unauthorized “leakers”—in the public sector and their contribution to investigative journalism and to a lesser extent to routine news production. Unauthorized sources do not enjoy the ease of access to journalists, the economic resources, the human resources, nor the legitimacy conferred on official sources. Interviews conducted with journalists and sources show that at times these barriers have been overcome through the establishment of relationships of trust based on the confidentiality of the identity of the source and through careful cross-checking by journalists of information supplied by leakers.

Out Of The Blue: An Act For Australia's Oceans, Chris Smyth, Meg Lee, Rob Prof Rob Fowler, Gregory L. Rose, Marcus Haward

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

The National Environmental Law Association (NELA) and the Australian Conservation Foundation (ACF) have prepared Out of the blue to initiate public discussion about the future of Australia’s oceans laws, planning and management.

NELA is a multi-disciplinary national organisation with the objectives of furthering the role of environmental law in Australia and serving the needs of practitioners in law, planning, natural resources and environmental management, environmental science and environmental impact assessment to obtain and exchange information on issues relevant to environmental law and policy.

One of its themes is to focus on the harmonisation of environmental laws across Australia. ACF is …

Media Representations Of The Hijab, Julie N. Posetti

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

Over the past decade, the appropriateness of traditional clothing worn by some Muslim women, particularly the head covering known as the hijab, has been the focus of often fierce media debates. The hijab debate has come to symbolise the clash of cultures fanned by links between Islamic extremism and 21st century terrorism. While in several Islamic states such as Saudi Arabia, Afghanistan and Iran, the full covering, known as the chador or burqa, has been mandatory, a backlash against Muslim culture has seen such clothing banned, along with the much more common hijab, in the interests of secularism. In this …

Blending Educational Tools And Strategies: Integrating Online Learning In Practical Legal Training Programs., J. Pastellas, K. F. Maxwell

Faculty of Law - Papers (Archive)

Over the past decade, there has been an increasing use of on-line learning tools and strategies in pre-admission practical legal training (PLT) programs. Where once on-line learning may have been regarded as experimental novelty in these programs, it has now become an indispensable adjunct to traditional methods of practical instruction. Although the rapid development and implementation of on-line learning may present difficulties when adopted indiscriminately, it also presents opportunities to develop thoughtful learning environments which use a range of learning techniques that appeal to a range of students and meet a variety of learning needs. This paper will explore the …

Environmental Justice In Australia: When The Rats Became Irate, E. Arcioni, Glenn Mitchell

Faculty of Law - Papers (Archive)

Environmental justice is a concept used in the United States to describe and analyse environmental politics. That concept also has application outside the country of its origin. In Australia the case study of a dispute between residents, industry and government in the town of Port Kembla provides an example of how environmental justice can be given specific meaning in a local context. Observations of the ‘politics’ of an environmental dispute are made.

The United Nations As A Source Of International Legal Authority, G. L. Rose

Faculty of Law - Papers (Archive)

What are the connections between the United Nations and The Samuel Griffith Society? One is that Australian constitutional lawyers are now examining the relationship between international law and constitutional law. Justice Kirby of the High Court of Australia first argued for the relevance of international law in construing the federal constitutional requirement of "just terms" in compensation for compulsorily acquired property (s. 51(xxxi)). In Newcrest Mining v. Commonwealth in 1997, he stated that in cases of ambiguity in the federal Constitution, "international law is a legitimate and important influence on the development of the common law and constitutional law, especially …

Some Conditions For Culturally Diverse Deliberation, Richard Mohr

Faculty of Law - Papers (Archive)

This is an inquiry into the ways in which reasoning attaches to cultural context. It considers whether to seek grounds for decision-making in some common ground or in a recognition of diversity. The essay considers feminist criticisms of Habermas's discourse ethics and Benhabib's efforts to revise such an approach in response to cultural diversity. While the conditions for communication across cultures may be readily met with good will and good procedures, the conditions for reaching binding or consensual decisions are more challenging. The essay rejects the possibility of universal standards for reasoned decisions on three grounds. Reasons conforming to the …

Towards An Asean Counter-Terrorism Treaty, G. L. Rose, D. Nestorovska

Faculty of Law - Papers (Archive)

The benefits for Association of Southeast Asian Nations (ASEAN) members of a regional treaty to combat terrorism include improved coordination in mutual legal assistance and harmonisation of best practice legal approaches. The conceptual framework for a common definition of terrorism is set out in this paper. Precedent regional and multilateral treaties are analysed into legal formulae and their components, such as obligations to indict or to extradite, to provide mutual legal assistance, and to build regional implementation capacity, are assessed as potential models for inclusion in an ASEAN regional treaty. The paper concludes by considering ASEAN progress in adopting cooperative …

Developments In Free Speech Law In Australia: Coleman And Mulholland, E. Arcioni

Faculty of Law - Papers (Archive)

This article provides an overview of the developments in 2004 regarding the constitutional freedom of political communication. This will be done through a discussion of the cases of Coleman v Power and Mulholland v Australian Electoral Commission. These two cases have confirmed the validity of the general propositions in Lange v Australian Broadcasting Corporation, regarding the existence of a freedom of political communication implied from the Australian Constitution, and provide the basis for some observations with respect to that implication. In this article an overview is given of the basic principles in Lange, followed by a detailed discussion of relevant …

Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Laws In Canada, Luke Mcnamara

Faculty of Law - Papers (Archive)

This article has examined more than half a century of operation of provincial and territorial hate speech laws in Canada. This examination has confirmed that free speech sensitivity has long been an integral and enduring feature of the administration and interpretation of legislative regimes for the regulation of hate speech—a finding that should come as a shock to no-one. What is surprising is the way in which free speech sensitivity has impacted on the operation of hate speech laws, and the effects of that influence on the quality of the protection provided to victims by existing provincial and territorial laws.... …

Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett

Faculty of Law - Papers (Archive)

The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure …

Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons

Faculty of Law - Papers (Archive)

This paper will present a short survey of various approaches to traditional knowledge and folklore protection in Australia and Southeast Asia. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. Over the last decade there has been an explosion of international declarations and organisations advocating internationally harmonised notions of rights to culture, often on behalf of indigenous minorities or other local communities. This often leads to what Cowan, Dembour and Wilson2 have called “strategic essentialism”. The term refers to the attempts by activists from or working …

Freedom Of Navigation, Surveillance And Security: Legal Issues Surrounding The Collection Of Intelligence From Beyond The Littoral, Stuart Kaye

Faculty of Law - Papers (Archive)

Hugo Grotius, in his work Mare Liberum, asserted that the world's oceans were free and incapable of acquisition by states. His work sparked a debate in the seventeenth century as to the freedom of the seas, and whether states could exclude the vessels of other states from certain waters. Grotius' viewpoint ultimately prevailed, and is still prevalent within the law of the sea. Greater security concerns of states since 11 September 2001, have raised questions as to the current extent of the doctrine of freedom of navigation, and whether the old norm remains intact. This article will consider this issue, …

The Paradoxical Success Of Unclos Part Xv: A Half-Hearted Reply To Rosemary Rayfuse, Andrew Serdy

Faculty of Law - Papers (Archive)

This contribution will depart less from Rosemary Rayfuses conclusions than might have been predicted by anyone present at the September 2004 symposium, since the authors brief on that occasion was to exaggerate his differences with her for theatrical effect.

The Historical Lessons And Intellectual Rigour Of Admiral Sir Herbert William Richmond, Bruce Mclennan

Faculty of Law - Papers (Archive)

Admiral Sir Herbert William Richmond (1871-1946) is remembered as a naval officer, an historian, and an intellectual. He was nurtured during an era when the Royal Navy was assimilating the advent of ‘mechanisation’, and forming its doctrine in the artificial conditions of peace. This was the Dreadnought era: the era of the ‘materialist’ school of strategic thought when the Royal Navy was driven by the arguments of the technical rationalists, to the neglect of the historical strategists. Richmond led the intellectual counter— the ‘historical’ school of strategic thought— and while never producing an overall theory of naval strategy, he did …

South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan

Faculty of Law - Papers (Archive)

The end of the Cold war catalysed considerable recalibration in the world's security architecture. In Australia, whilst this entailed a closer embrace of Asia, the South Pacific did not initially engage Australian security interests. However, post 11 September 2001 and post the terrorist attacks in Bali of October 2002, much has changed. The notion of 'comprehensive security'—in which Pacific security is seen as a function of a wide variety of social, political and strategic phenomena—has assumed such prominence it has ushered in an expanded justification for one state to intervene in the affairs of another. Although, as in the case …

Capacity Building For Maritime Security Cooperation: What Are We Talking About?, Sam Bateman

Faculty of Law - Papers (Archive)

This paper discusses the notions of "maritime security" and "capacity building" in the context of capacity building for maritime security cooperation in the Asia-Pacific. What constitutes capacity for providing maritime security at the national, sub-regional and regional levels? What capabilities does a country require to ensure its security against maritime threats, including the threat of maritime terrorism and the risk that its maritime transportation system may be used for terrorist purposes? How do all these capabilities fit together to provide security against both conventional and non-conventional threats? Can we put capabilities for conventional (or traditional) security threats into one box …

Re-Shaping Australian Intelligence, Sandy Gordon

Faculty of Law - Papers (Archive)

security challenges and the information and communications technology (ICT) revolution have radically altered the environment in which Australian intelligence operates. Despite some changes at the margin, Australias intelligence community is still primarily configured to meet the kinds of challenges it dealt with in the Cold War.

The Extreme Makeover Effect Of Law School: Students Being Transformed By Stories, Cassandra E. Sharp

Faculty of Law - Papers (Archive)

The relationship between law and popular culture has caused great interest among scholars over the years. It is a field that invites the merging of disciplinary boundaries and allows for plurality in the ways that law can be viewed. This paper seeks to view this relationship from the vantage point of the first year law student and to explore the representation and transformation of meaning about law and lawyering within the social and academic context of law school. Situated within the expanding scholarship on law and popular culture, this paper examines how the image of the lawyer is constructed and …

Adoption Of The Disclosure-Based Regulation For Investor Protection In The Primary Share Market In Bangladesh: Putting The Cart Before The Horse?, S M. Solaiman

Faculty of Law - Papers (Archive)

The Bangladesh securities market, despite ifs operation of half of a century, remains in embryonic form. The market has been suffering from a chronic lack of investor confidence since 1997 following an unprecedented share scam. Ever since, the government has been striving in vain to promote investment by progressively offering incentives to investors and corporations. The government watchdog unexpectedly introduced the Disclosure-Based Regulation (DBR) in January 1999 to protect investors from the misfeasance of other players in the market for Initial Public Offerings. Recent studies have identified some problems in the market, which are unfavourable for the new regime. In …

Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert

Faculty of Law - Papers (Archive)

Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …

Boomerangs Of Academic Freedom, Brian Martin

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

The Ted Steele case is an important episode in the defense of academic freedom in Australia. In addition, it offers a wealth of evidence on how a dismissal, perceived as an attack on academic freedom and free speech, can boomerang on the administration. Yet the matter is more complex than a simple boomerang: the actions of dissidents and unions can also boomerang. In this paper, I examine academic boomerang dynamics through a close analysis of the Steele case.