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Full-Text Articles in Law

Carlton, Catherine Cole Jan 2013

Carlton, Catherine Cole

Faculty of Law, Humanities and the Arts - Papers

A late dark comes down

Cardigan Street

crows call from London planes.

By now you will be chopping at the sink

..............................


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 ...


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 ...


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.


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 ...


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.


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 ...


Book Review Of D. Cahill, L. Edwards And F. Stilwell (Eds.) (2012) ‘Neoliberalism: Beyond The Free Market, Scott Burrows Jan 2013

Book Review Of D. Cahill, L. Edwards And F. Stilwell (Eds.) (2012) ‘Neoliberalism: Beyond The Free Market, Scott Burrows

Faculty of Law, Humanities and the Arts - Papers

Neoliberalism: Beyond the Free Market comes at a time of major economic crisis. This very timely book addresses the nature of neoliberalism as part of, and a consequence of, the global financial crisis. The book is structured in four parts each exploring neoliberalism from a range of inter-disciplinary perspectives. These include historical institutionalists, regulation theorists, Foucauldians, Marxists, Polanyi-inspired scholars and experts on the history of ideas. These approaches provide a useful contextual framework for understanding the concept of neoliberalism.


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 ...


Creative Praxis And Cross-Cultural Research, Sukhmani Khorana Jan 2013

Creative Praxis And Cross-Cultural Research, Sukhmani Khorana

Faculty of Law, Humanities and the Arts - Papers

This article theorises the process of conducting and exhibiting cross-cultural research through a particular kind of creative praxis, a hybrid visual essay. Beginning with a model for understanding such a visual form, I then go on to detail the pre-production, production and post-production stages. This helps comprehend the potential cross-cultural impact of the chosen methodology, as well as the consequences of various production choices. The article ends with an overview of the impact of the screenings of the visual essay.


‘The Triumph Of Green Hearts Over Sere’: Reflections On Student Radicalism At Sydney University In The 1910s And The 1960s’, Terence H. Irving Jan 2013

‘The Triumph Of Green Hearts Over Sere’: Reflections On Student Radicalism At Sydney University In The 1910s And The 1960s’, Terence H. Irving

Faculty of Law, Humanities and the Arts - Papers

At the end of the paper I sketch an argument for considering these two periods together, but I want to begin on a personal note. For some time I’ve been writing about left intellectuals in the early twentieth century, one of whom is Gordon Childe, and in the course of researching his undergraduate years at Sydney University between 1911 and 1913 I made a couple of interesting discoveries about student radicalism. I discovered the existence of a University Socialist Society in 1910 and 1911, a fact that nullified Alan Barcan’s claim in his book, Radical Students, that political ...


Negotiating Gender In Men’S Research Among Men, Michael G. Flood Jan 2013

Negotiating Gender In Men’S Research Among Men, Michael G. Flood

Faculty of Law, Humanities and the Arts - Papers

What happens when men are the subjects of research? Gender and other forms of social difference are performed and negotiated in part through face-to-face interactions, including through such research methods as interviews and focus groups. When men or women conduct gender-conscious research with male research subjects, a host of issues are raised: practical, political, and epistemological. This chapter explores three dimensions of face-to-face research among men. It draws on the male author’s qualitative research among young heterosexual men regarding their sexual and social relations with women, as well as others’ gender-sensitive research among men in a variety of settings ...


Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff Jan 2013

Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers

This article takes a very different path through which to explore the challenges affecting and shaping innovation and communications law. It reports on a facet of an empirical pilot study into generational differences in legal interpretation that revealed the porosity and friability of doctrine. The article focuses on one facet of the study apposite to this special issue: a fleeting reference by Finkelstein J to icons of pop culture in an otherwise unremarkable passing off I misleading and deceptive conduct case - Hansen v Bickfords - involving the marketing of an energy drink. As the responses of lawyer and law student participants ...


'The Geopolitical Context', Christopher Rahman Jan 2013

'The Geopolitical Context', Christopher Rahman

Faculty of Law, Humanities and the Arts - Papers

The seas and oceans of the Indo-Pacific region present a number of maritime security challenges including piracy, terrorism, territorial claims, jurisdictional disputes, illegal fishing, criminal trafficking, and arguments over the Law of the Sea Convention. The differences among coastal and maritime user nations involving navigation and military operations represent some of the pressing issues affecting the region.

Some challenges are localized and others are widespread. For example, in the former case, a number of incidents of maritime terrorism have occurred in the Philippines over the last decade and a half. Yet most attacks against ferries and related infrastructure have been ...


Whistleblowing: A Practical Guide, Brian Martin Jan 2013

Whistleblowing: A Practical Guide, Brian Martin

Faculty of Law, Humanities and the Arts - Papers

In 1998 and 1999, when I was writing the first edition of this book, I had been president of Whistleblowers Australia for several years, and regularly received phone calls from whistleblowers seeking advice and support. Their stories were remarkably similar, typically involving someone who spoke out about a problem at work, suffered reprisals and then tried to deal with the situation by going to some official channels such as ombudsmen but received no useful help. What I had to say in response was often along standard lines: identify your goals, analyse your situation, consider your options and take action — 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.*


Review: "Konkretion" By Marion May Campbell, Catherine Cole Jan 2013

Review: "Konkretion" By Marion May Campbell, Catherine Cole

Faculty of Law, Humanities and the Arts - Papers

Campbell’s novella, konkretion, follows an elderly ex-communist, Monique Piquet, through Paris, as she meets up with a former student who has published a book about German political activists, Ulrike Meinhof and Gudrun Ensslin, who were former and founding members of the Red Army Faction (RAF). The book offers a segueing and poetic re-examination of Meinhof, who died in suspicious circumstances in prison in 1976, and her fellow conspirators.