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Full-Text Articles in Law

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 ...


Blog: Australia's Rude, Crude Election Debate, Anthony Ashbolt Jan 2013

Blog: Australia's Rude, Crude Election Debate, Anthony Ashbolt

Faculty of Law, Humanities and the Arts - Papers

Tony Abbott's spin on the de Niro catchphrase reveals the depths to which we have sunk, writes Anthony Ashbolt. Like Robert de Niro in Taxi Driver, Abbott turned to his sparring partner and said, in an admittedly less than menacing voice, “Does this guy ever shut up?” Abbott’s tame version of “You talkin’ to me?” sent a jarring note through the debate on Wednesday night and was a reminder of the lack of civility in politics I discussed in my first blog. This is simply not the stuff of genuine debate and in an ordinary contest might have ...


Camera Journalism - Ethical And Legal Hazards, David Blackall Jan 2013

Camera Journalism - Ethical And Legal Hazards, David Blackall

Faculty of Law, Humanities and the Arts - Papers

There are many legal and ethical obstacles that film-based journalists must consider before moving their product to completion.

Sometimes restraint on broadcast is beyond the control of producers, when a program is restrained unexpectedly due to the likelihood of it prejudicing court proceedings. While producers have no control over suppression orders, disastrous outcomes can be minimised and the chance of legal action decreased, through ongoing dialogue and informed consent with camera subjects. Where a situation justifies reduced informed consent, or when deceit is overwhelmingly in the public interest, producers need an ethical forum, an ethics committee, to discuss and document ...


De Hogwarts A Warner: La Jurisprudencia Visual De Harry Potter Y Los Derechos Humanos, Luis Gomez Romero Jan 2013

De Hogwarts A Warner: La Jurisprudencia Visual De Harry Potter Y Los Derechos Humanos, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers

Cada época se define por sus prácticas de saber y estrategias de poder, mismas que se componen por distintos regímenes de visibilidad y procedimientos de expresión. La vista juega un papel fundamental en la construcción de los paradigmas éticos, políticos y jurídicos vigentes en un momento histórico determinado. Aristóteles apunta en De Anima que el alma humana jamás piensa al margen de las imágenes. La conexión entre imagen y pensamiento establecida por Aristóteles ha subsistido en una buena parte de las modernas lenguas occidentales –cuando menos, en alemán, castellano, francés, inglés e italiano- a través de la palabra idea que ...


Natural Selection Among The Ruins, Su Ballard Jan 2013

Natural Selection Among The Ruins, Su Ballard

Faculty of Law, Humanities and the Arts - Papers

At about the same time that the railways were snaking their way across the major continents of the earth, animals and plants were finding themselves increasingly enclosed. Exponential increases in industrialization had facilitated shifts in scale and experience. For the human, the movement was from the local to the national, for the animal, it was from the farm to the factory, for the plants it was the process of becoming fuel for the massive belching machines inhabiting the landscape in their place.


‘Labour History And Its Political Role – A New Landscape’, Terence H. Irving Jan 2013

‘Labour History And Its Political Role – A New Landscape’, Terence H. Irving

Faculty of Law, Humanities and the Arts - Papers

As I was thinking about what to say today I read an article on Manning Clark and found something that made me pause. It was a description of our venerable journal, Labour History, but characterizing it in terms that none of us would use, at least not in public. Instead of describing our field, our sources or our methods, our long list of illustrious contributors, it said that Labour History was the journal of Australia’s left-wing historians.

Well, this was in Wikipedia – but nonetheless it struck me that, yes, this is a truth I am prepared to accept. I ...


The Boundary Riders: Artists In Academia / Artists And Academia, Sarah B. Miller, Brogan S. Bunt Jan 2013

The Boundary Riders: Artists In Academia / Artists And Academia, Sarah B. Miller, Brogan S. Bunt

Faculty of Law, Humanities and the Arts - Papers

This paper seeks to explore the challenges and the rewards of supervision from two perspectives: artists who are employed as lecturers within the academy and mature artists returning to the academy to undertake a higher degree by research.

The University of Wollongong introduced its Doctorate of Creative Arts (DCA) program in 1986. As one of the earliest doctoral programs in the country, this apparent perspicacity was arguably more to do with Creative Arts as a resident faculty within the University, and the need to work within a university framework. This is in contradistinction to the forced marriages undertaken between many ...


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.


A Line Made By Walking And Assembling Bits And Pieces Of The Bodywork Of Illegally Dumped Cars Found At The Edge Of Roads And Tracks In The Illawarra Escarpment, Brogan S. Bunt Jan 2013

A Line Made By Walking And Assembling Bits And Pieces Of The Bodywork Of Illegally Dumped Cars Found At The Edge Of Roads And Tracks In The Illawarra Escarpment, Brogan S. Bunt

Faculty of Law, Humanities and the Arts - Papers

Make seven walks up from my home to places where there are illegally dumped cars in the escarpment bush. On each occasion, cut out a square section of a car with an angle grinder and carry the piece home.

This scheme provides the basis for a work that responds to the impure complexity of the local illawarra environment. The aim is not only to intervene, in a small way, within sites of vandalism, but also to descend down into the space where car and forest meet. The work takes shape partly as a set of sculptural samples and absences, and ...


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


Erewhon: Media, Ecology, And Utopia In The Antipodes, Susan (Su) Ballard Jan 2013

Erewhon: Media, Ecology, And Utopia In The Antipodes, Susan (Su) Ballard

Faculty of Law, Humanities and the Arts - Papers

On June 22, 2005, an essay by the Association of Freed Time was published in Artforum International. With little contextual information, "El Diaro del Fin del Mundo: A Journey That Wasn't" described environmental damage to the Antarctic ice shelf and the subsequent mutations that were occurring within the Antarctic ecosystem. One of these mutants was rumored to be a solitary albino penguin, living on an uncharted island near Marguerite Bay. The Artforum article tells of French artist Pierre Huyghe's journey with ten others to find the island and its mysterious inhabitant. The article forms the first part of ...


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 ...


New Women, Modern Girls And The Shifting Semiotics Of Gender In Early Twentieth Century Japan, Vera C. Mackie Jan 2013

New Women, Modern Girls And The Shifting Semiotics Of Gender In Early Twentieth Century Japan, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone Jan 2013

Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone

Faculty of Law, Humanities and the Arts - Papers

It is now widely accepted that significant sea level rise is taking place and that this phenomenon is likely to accelerate in the future. This poses potentially disastrous implications for many coastal States, especially those with large and heavily populated low-lying coastal areas, as well as small low-lying island States. In addition to the essentially terrestrial, inward-looking threat posed to low-lying coastal areas and their associated populations from inundation by rising seas, threats also exist looking outward from the land to the ocean spaces adjacent to such threatened territories. In particular, sea level rise has the potential to significantly affect ...


Intellectual Entrepreneurs And The Diffusion Of Ideas: Two Historical Cases Of Knowledge Flow, Xiaoying Qi Jan 2013

Intellectual Entrepreneurs And The Diffusion Of Ideas: Two Historical Cases Of Knowledge Flow, Xiaoying Qi

Faculty of Law, Humanities and the Arts - Papers

This article argues that the diffusion of concepts and theories from one culture or society to another requires the active engagement of a category of agents which I identify as ‘intellectual entrepreneurs’. Two historically contrasting cases of the transmission of ideas are examined in order to explain the processes whereby alien concepts are diffused across cultures. Foreign ideas and concepts that are successfully assimilated into a culture are neither automatically accepted nor externally imposed. Rather, knowledge flow succeeds on the basis of selection and transformation by local intellectual entrepreneurs who at the same time transform the receiving context to accommodate ...


Explainer: The Law Of The Sea And Asylum Seekers, Sam Bateman Jan 2013

Explainer: The Law Of The Sea And Asylum Seekers, Sam Bateman

Faculty of Law, Humanities and the Arts - Papers

Prime minister Tony Abbott said on Monday he expects Jakarta to take responsibility for the asylum seekers that Australian authorities rescue in Indonesia’s search and rescue zone. He claims this is the international law of the sea – but this is only half right.

What the law of the sea actually says on this issue can be found in the 2006 amendments to the International Convention on Maritime Search and Rescue, known as the SAR Convention. The amendment to Chapter Three of the convention says the country responsible for the region in which the search and rescue takes place shall ...


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.


Discoursing Love: The Writer And X A Fictional Response To Roland Barthes, Catherine Mckinnon Jan 2013

Discoursing Love: The Writer And X A Fictional Response To Roland Barthes, Catherine Mckinnon

Faculty of Law, Humanities and the Arts - Papers

Discoursing Love —The Writer and X’ offers a series of microfictions written in response to Roland Barthes’ A Lover’s Discourse: Fragments (1990 [1978]). In A Lover’s Discourse Barthes seeks to ‘stage an utterance not an analysis ... amorously confronting the other (the loved object), who does not speak’ (3). Likewise I have written short pieces—outbursts, ripostes, manoeuvres—each less than seven hundred words and connected by meditations on love as experienced by a writer towards her lover. Questions include: How does love confront us? Can the emotional complexity of love, and of the loved Other, find voice in ...


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 ...


A Word In Your Ear: How Audio Storytelling Got Sexy, Siobhan A. Mchugh Jan 2013

A Word In Your Ear: How Audio Storytelling Got Sexy, Siobhan A. Mchugh

Faculty of Law, Humanities and the Arts - Papers

In a cultural milieu dominated by long-form television dramas such as Breaking Bad and Madmen, how has the apparently simple activity of audio storytelling gained such clout? In the US, documentary radio programs such as RadioLab, This American Life and Radio Diaries enjoy sold-out stage shows telling real-life stories that combine serious journalism with compelling personal narratives, philosophical discourse and an irreverent but always engaging tone.


Un Viaje Redondo A Las Antípodas Normativas: La Contextualización Cultural De La Modernidad Jurídica En La Narrativa De D.H. Lawrence, Luis Gomez Romero Jan 2013

Un Viaje Redondo A Las Antípodas Normativas: La Contextualización Cultural De La Modernidad Jurídica En La Narrativa De D.H. Lawrence, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers

A few months before the collapse of the Soviet Union, the Mexican poet Octavio Paz was proclaimed at a crossroads uppercase: praising the modernity as a blessing or regret it as a curse. This dilemma was paradoxical that peace in both professed an almost mystical commitment by the modernity: that is a destination: if Mexico wants to be, will be modern, stated (Peace, 2003: 57). Such an assertion requires some additional explanation, especially if we take into account that modernity is a theoretical concept extremely debatido. What peace I wanted to say on the threshold of the last decade of ...


Book Review: Wilful Blindness By Margaret Heffernan, Brian Martin Jan 2013

Book Review: Wilful Blindness By Margaret Heffernan, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

Whistleblowers see a problem and speak out about it. But what about the people who know there's a problem but say nothing? What about those who can't even see there's a problem?

If you're wondering about these questions, get a copy of Margaret Heffernan's book Willful Blindness. She surveys the evidence about how and why people turn away from unwelcome information, often to their own detriment.


Psychology Unified: From Folk Psychology To Radical Enactivism, Daniel Hutto Jan 2013

Psychology Unified: From Folk Psychology To Radical Enactivism, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers

A properly radical enactivism—one that eschews the idea that all mentality is necessarily contentful and representational—has better prospects of unifying psychology than does traditional cognitivism. This paper offers a five-step argument in support of this claim. The first section advances the view that a principled way of characterizing psychology’s subject matter is what is required if it is to be regarded as a special science. In this light, section two examines why and how cognitivism continues to be regarded as the best potential unifier for the discipline. But the third section exposes a serious problem about the ...


Doing Without Concepts, Daniel Hutto Jan 2013

Doing Without Concepts, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers

The title is apt to mislead. This book does not provide an argument for thinking that we live in a world without concepts. At least, it provides no direct argument for believing any such thing. Rather it argues for the elimination of concepts from psychological theorizing on the grounds that concepts are not natural kinds, where natural kinds are understood as classes of things with many properties in common and the source of many successful scientific generalizations. Machery labels this the causal notion of natural kinds. Arguing that concepts are not natural kinds, in the causal sense, the book concludes ...


Why Believe In Contentless Beliefs?, Daniel D. Hutto Jan 2013

Why Believe In Contentless Beliefs?, Daniel D. Hutto

Faculty of Law, Humanities and the Arts - Papers

This paper motivates the idea that the most basic kind of believing is a contentless attitude. It gives reasons for thinking that the most basic sort of belief – the sort that both we and other animals adopt toward situations – does not represent those situations in truth-evaluable ways. I call such attitudes pure intentional attitudes. They are not propositional attitudes, which I take to be linguistically mediated intentional attitudes.


Indigenous Identities And The Politics Of Authenticity, Michelle Harris, Bronwyn Carlson, Evan S. Poata-Smith Jan 2013

Indigenous Identities And The Politics Of Authenticity, Michelle Harris, Bronwyn Carlson, Evan S. Poata-Smith

Faculty of Law, Humanities and the Arts - Papers

The very question of Indigenous authenticity, as Jeffrey Sissons reminds us, ‘‘…has deep roots within colonial racism’’ (2005, 43). Racialisation and the practice of creating and imbuing racial categories with seemingly impermeable boundaries and indestructible meanings has, after all, underpinned a range of colonial practices from the systematic alienation of Indigenous land and resources to child abduction. Regimes of biological and cultural authenticity continue to shape state policies and practices that regulate the everyday lives of Indigenous people around the world. Indeed, in some contexts, expectations of Indigenous cultural purity or environmental naturalness exist alongside the imposition of varying degrees ...


Why Wasn’T Capitalism Born In China?: Deleuze And The Philosophy Of Non-Events, Craig A. Lundy Jan 2013

Why Wasn’T Capitalism Born In China?: Deleuze And The Philosophy Of Non-Events, Craig A. Lundy

Faculty of Law, Humanities and the Arts - Papers

In this paper, I will address Deleuze and Guattari’s consideration of capitalism’s aborted birth in China by approaching the problematic from within their philosophy of history. To begin with, I will set out Deleuze and Guattari’s immediate answer, canvassing their machinic ontology and the significance that they place on immanence to the emergence of capitalism. In doing so, the question of history and historical interpretation will be raised. Following, I will investigate the status of such questions and inquire as to why Deleuze and Guattari continually pose them. From this analysis I will suggest that a critical ...


Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie Jan 2013

Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers

The Universal Declaration of Human Rights (UDHR) was adopted on 10 December 1948 by the United Nations General Assembly. We have thus seen 65 years of the international project of addressing human rights issues at a global level through the United Nations and associated organisations. Human rights occupy a paradoxical place in international politics. Human rights treaties address the most intimate issues of personal freedom, autonomy and self-determination, but the institutions developed for the promotion of human rights operate at a global level seemingly distanced from this intimate and individual scale. In human rights advocacy there is thus constant mediation ...


Hidden Sidetracks, Terumi Narushima Jan 2013

Hidden Sidetracks, Terumi Narushima

Faculty of Law, Humanities and the Arts - Papers

Ensemble Offspring: "Hidden Sidetracks" by Terumi Narushima .

ENSEMBLE OFFSPRING in their Partch's Bastards Program (all instruments using the same microtonal tuning system called centaur)

The Utzon Room, Sydney Opera House, 2nd September 2011

Performers: Anna McMichael Tarhu | Claire Edwardes Centaur Vibraphone | Jason Noble Clarinis | Diana Springford Clarinis