Law Commons^™

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Research outputs 2013

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

Recent Developments In Third-Party Funding, Victoria Sahani

Faculty Scholarship

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Faculty Scholarship

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …

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 (Archive)

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 infringement …

Indian Movies, Brand Australia And The Marketing Of Australian Cosmopolitanism, Andrew Hassam

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

Indian movies shot overseas have attracted the attention of not only advertising agencies keen to see their clients' brands appearing on-screen, but also government tourism commissions eyeing India's growing middle classes as potential visitors. Australian federal and state governments offer Indian film producers financial incentives to film in Australia, and Australian cities now regularly supply Indian movies with backdrops of upmarket shopping malls, stylish apartments and exclusive restaurants. Yet in helping to project the lifestyle fantasies of India's new middle classes, Australian government agencies are supporting an Indian view of Australia. While this image may attract Indian tourists to Australia, …

Academic Employment And Gender Equity Legislation In Australia And Japan, 1970-2010, Kirsti Rawstron

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

Purpose - The purpose of this paper is to examine the rate of change of men and women's employment as university academic staff in Australia and Japan; and, drawing on quantitative methods, show differences in the rate of change since the introduction of anti-sex discrimination legislation. The author also includes a discussion of programmes designed to increase female participation in academic positions to provide background to the existing changes.

Design/methodology/approach - Using statistics published by the Ministries of Education of both countries, a time series of female participation at each level of academic staff was constructed. Breakpoint analysis is used …

Not Dead Yet: Emerging Trends In Radio Documentary Forms In Australia And The Us, Mia Lindgren, Siobhan A. Mchugh

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

This paper maps contemporary trends in Australian and American radio documentary production. The genre is experiencing a renaissance, as can be seen in the growing number of websites, blogs and podcasts dedicated to radio documentary productions. In addition, the number of freelancers wanting to produce radio documentaries has increased dramatically in Australia over the past five years. This paper traces the evolution of radio documentary forms and explores how globalisation of radio listenership via podcasting and sharing of content on social media is beginning to change documentary. It explores how stellar programs such as This American Life (TAL) and Radiolab …

Legislative Implementation Of The Law Of The Sea Convention In Australia, Warwick Gullett

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

All States with marine and maritime interests need to ensure that their domestic laws enable them to meet their obligations, and to take advantage of the rights afforded to them, under the international law of the sea. This body of international law is structured around one of the most extensive and widely ratified international treaties: the United Nations Convention on the Law of the Sea ('LOSC').1 This paper reviews the general process by which obligations and rights in international treaties become part of domestic law and then examines Australia's experience in incorporating into its domestic law three broad areas of …

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 (Archive)

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 …

Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labour Laws In Light Of Their Equivalents In Australia, S M. Solaiman

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

Right to life is a core human right, but workers' lives seem to be dreadfully cheap in Bangladesh. This is so because the government appears to be complacent by offering a small amount of money to the families of victims of fires at garment factories and collapses of factory buildings. Previously, at least 1,000 workers have been killed in garment factories alone in Bangladesh from 1990 to 2012, ironically, all went unpunished. Recently, the devastating fire at Tazreen Fashions Ltd. which killed 112 in November 2012 and, just a few months apart, the horrifying collapse of Rana Plaza which housed …

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

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

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 …

An End To Australia’S Auto Dream: Why We Loved Holden, Georgine Clarsen

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

Yesterday we learned that our collective support for Holden is coming to an end. The demise of “Australia’s Own” has been on the cards for years. After all, this country is one of the most expensive places in the world to produce cars.

We are not alone or even the biggest subsidisers of car manufacturing, of course.

National economies as different as China, Japan, France and the USA have always offered incentives to keep cars rolling off assembly lines. But public funding for private enterprise runs deep in Australia – and it has never been just a matter of economics.

Chinese Language Teaching And Teacher Training In Australia, Xiaoping Gao

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

摘要：

自国家汉办2006年启动海外汉语教师志愿者项目以来，志愿者的素质问题逐渐成为志愿者选派、培训及国际汉语教育专业人才培养关注的焦点。本文旨在探讨赴澳大利亚志愿者的必备素质与培养策略。文章以澳大利亚的中文教育状况为背景，通过对比澳洲本土教师从业资格与志愿者的选拔条件、培训内容，提出满足澳大利亚教学需求的志愿者应具备良好的英语沟通能力、扎实的专业素养、踏实的敬业精神，娴熟的多媒体课件制作技巧、和适合学生特点的组织管理课堂教学活动的技能。本文并就如何培养志愿者的上述素质提出了相应的培养策略，以期丰富国际汉语教师志愿者的选拔、培训及相关研究，探索高质量国际汉语人才培养的新途径。

The Sum Of All Our Fears: Transnational Corporations And The Crisis Of Convergence In Australia, Caroline Colton

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

The article discusses the desire of the businesses to improve infrastructure construction by increase their infrastructure investment in superannuation funds and in the government of Australia. It highlights the privatisation of public assets and reduction of services for corporate profit optimisation in the government. It examines the impact of environmental law to the development of infrastructure such as power plants for economic development.

Blending Fairness And Efficiency: An Analysis Of Its Desirability In The Context Of Insider Trading Laws In Australia, Afroza Begum

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

Purpose - The regulatory approach to insider trading (IT) in Australia is premised on a "blend" of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/ approach - This research is based on existing primary and secondary legal resources.

Findings - Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant …

Comments On Alrc Discussion Paper 79, Copyright And The Digital Economy, June M. Besek, Jane C. Ginsburg, Philippa Loengard

Faculty Scholarship

We provide these comments in connection with the Australian Law Reform Commission’s ongoing study of copyright and the digital economy, and in particular its request for comments on the recommendations put forth in its Discussion Paper 79 (June 2013). We focus on US law, and how the US experience bears on the possibility of an open-ended uncompensated "fair use" type exception in Australia, and other related issues.

The fair use doctrine in the US provides great flexibility, but that flexibility in many instances comes at the cost of certainty and predictability. We are not suggesting that reasonable judgments cannot be …