Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 721 - 750 of 1513

Full-Text Articles in Law

The Looming War On Trade Unions, Rowan Cahill Jan 2014

The Looming War On Trade Unions, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

In October 2013, the right-wing journal Quadrant published the book Australia’s Secret War, an account by Hal Colebatch of homefront industrial disruptions by Australian trade unions during the Second World War. Described as a secret history rescued from ‘folk memory’ – and one previously suppressed by leftists – it detailed ‘treacherous’ industrial actions by unionists that denied/delayed vital war materials to the frontlines between 1939 and 1945, resulting in the deaths of service personnel. These actions, the argument went, pointed to a deliberate and coordinated attempt at sabotaging the war effort courtesy of the communist leaderships of the unions involved ...


Engendering 'Rural' Practice: Women’S Lived Experience Of Legal Practice In Regional, Rural And Remote Communities In Queensland, Trish Mundy Jan 2014

Engendering 'Rural' Practice: Women’S Lived Experience Of Legal Practice In Regional, Rural And Remote Communities In Queensland, Trish Mundy

Faculty of Law, Humanities and the Arts - Papers

The experience and marginalised status of women lawyers within the Australian legal profession has been well documented over the past two decades. However, very little is known empirically about the ways in which 'rural' space and place might transform or impact that experience, and their relationship with the retention of women in rural, regional and remote (RRR) practice. This article reports on a phenomenological study of the lived experience of female solicitors practising in RRR communities in Queensland. The study asked 23 solicitors (male and female) about their experience of life and legal practice in their communities. This article concludes ...


Women And Leadership: Theatre, Sarah Miller Jan 2014

Women And Leadership: Theatre, Sarah Miller

Faculty of Law, Humanities and the Arts - Papers

"We have something of the utmost importance to contribute: the sensibility, the experience and the expertise of one half of humanity. All we ask is that we are able to do this in conditions of complete equality." (Dorothy Hewitt, launching the Australia Council's 'Women in the Arts' report, 1983) Published in 2005, Rachel Fensham and Denise Varney's important book, The Doll's Revolution: Australian Theatre and Cultural Imagination, argues that the 1990s was a period in which women entered the theatrical mainstream and radically changed not just theatre but the way in which we think about Australian culture ...


'Medieval' Makes A Comeback In Modern Politics. What's Going On?, Clare Monagle, Louise D'Arcens Jan 2014

'Medieval' Makes A Comeback In Modern Politics. What's Going On?, Clare Monagle, Louise D'Arcens

Faculty of Law, Humanities and the Arts - Papers

According to Hansard, in the parliament of John Howard's first term of government the adjective "medieval" was used eight times. In the following term, however, it cropped up 46 times. What happened? Why did our members and senators suddenly need to describe things as medieval? What happened was 9/11. The spectacle of planes crashing into skyscrapers prompted myriad politicians, in Australia and elsewhere, to denounce the perpetrators as "medieval" What we have seen in recent weeks is medieval barbarism, perpetrated and spread with the most modern of technology. Abbott is not alone; it has become commonplace to describe ...


Thực Thi Công Ước Quyền Trẻ Em Ở Việt Nam:Tuổi Chịu Trách Nhiệm Hình Sự Và Chế Tài Đối Với Người Chưa Thành Niên Phạm Tội, Thi Thanh Nga Pham Jan 2014

Thực Thi Công Ước Quyền Trẻ Em Ở Việt Nam:Tuổi Chịu Trách Nhiệm Hình Sự Và Chế Tài Đối Với Người Chưa Thành Niên Phạm Tội, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers

Giới thiệu chung

Tuổi chịu trách nhiệm hình sự (TNHS) và chế tài hình sự hay hình phạt là những vấn đề cơ bản và không thể thiếu trong cả hệ thống pháp luật quốc gia và quốc tế, thể hiện quan điểm và cách thức xử lý người phạm tội, cũng như các biện pháp bảo vệ trật tự xã hội, an toàn công cộng và quyền con người. Việc xác định những giới hạn độ tuổi chịu TNHS thích hợp, đặc biệt là tuổi tối thiểu luôn là vấn đề khó khăn khi xây dựng chính sách hình ...


Careful Who You Chat With: It Could Turn You Into A Criminal, Luke Mcnamara Jan 2014

Careful Who You Chat With: It Could Turn You Into A Criminal, Luke Mcnamara

Faculty of Law, Humanities and the Arts - Papers

Next time you strike up a conversation at your local coffee shop, have a chat in the pub after work, or have a natter with fellow dog lovers as you follow your pooch around the park, you may want to get in early with a few key questions. Like, “Do you have a criminal record?” If yes, I suggest you ask a delicate follow-up: “How serious was your crime?”


A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard Jan 2014

A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard

Faculty of Law, Humanities and the Arts - Papers

On the 1st February 2011 Google unleashed the Google Art Project, a new way to engage with the major collections of the world’s art galleries. With the Google Art Project came a new way of viewing, not just art but the other objects that inhabit art galleries. Google Art Project depends on a robot looking machine. This aesthetic machine is a different form of digital material that has entered into what have for a long time been quiet still spaces for human, and not machine contemplation. With an equal focus on the spaces between things as much as on ...


Fisheries, Quentin A. Hanich, Warwick Gullett, Duncan Leadbitter, Alistair Mcilgorm, Glenn J. Sant Jan 2014

Fisheries, Quentin A. Hanich, Warwick Gullett, Duncan Leadbitter, Alistair Mcilgorm, Glenn J. Sant

Faculty of Law, Humanities and the Arts - Papers

Fisheries management is inherently difficult, and often 'wicked'. 'Wicked' problems are difficult to define because they are intermeshed with other complicated and larger problems and include multiple factors that are hard to quantify (Jentoft and Chuenpagdee 2009). Such problems have no clear single solution and require the engagement of stakeholders in an ongoing, cyclical and consultative manner.


Snobbery In The Academy Is Alive And Well And Doing Harm, Brian Martin, Majken J. Sorensen Jan 2014

Snobbery In The Academy Is Alive And Well And Doing Harm, Brian Martin, Majken J. Sorensen

Faculty of Law, Humanities and the Arts - Papers

A female engineering student walked into her first lab class. One of the male students said: “The cookery class is in another room.”

A professor was always willing to drop everything to talk with a colleague. But when one of his research assistants contacted him, he would say to come back later.

A student wanted to do a survey and commented to a mathematician friend: “I think I’ll seek advice from some sociologists.” The mathematician responded: “What would they know about it?”

Snobbery is a sense of superiority or exclusiveness, often expressed with condescending comments or actions that reject ...


War Crimes And The Parisian Regulation Approach: Representations Of The Crisis Of Antipodean Fordism, Brett Heino, James Dahlstrom Jan 2014

War Crimes And The Parisian Regulation Approach: Representations Of The Crisis Of Antipodean Fordism, Brett Heino, James Dahlstrom

Faculty of Law, Humanities and the Arts - Papers

The crisis of global (and Australian) capitalism that began in the early 1970s was a phenomenon that has been the subject of many competing explanations. Often, however, these accounts artificially separate the economic and the cultural as forces of social change. The result can be forms of reductionism that, although acknowledging important causal factors, fail to link the economic and extra-economic moments of capitalism within a theoretically rigorous political economy. This article deploys a critical political economy perspective that unifies the economic and the cultural within the capitalist mode of production. We do this through a study of Peter Carey ...


Mullen's Choices, Rowan Cahill Jan 2014

Mullen's Choices, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers

In late November 2014, illness claimed the life of Geoff Mullen, long-time letter writer to the ‘Letters to the Editor’ page of the Sydney Morning Herald. For years the ‘Letters to the Editor’ section of newspapers had been his public forum, and the Herald published his ‘last hurrah’ the day before his death. Dictated from his deathbed, the letter concerned wealth and income inequality, ending with the caution: “Remember that the enemies of progress are always on the attack”.


A Book-End Approach To Ethics: The Increasing Importance Of Incorporating Ethics Into The First-Year Curriculum, Karina Murray Jan 2014

A Book-End Approach To Ethics: The Increasing Importance Of Incorporating Ethics Into The First-Year Curriculum, Karina Murray

Faculty of Law, Humanities and the Arts - Papers

Recently, the law degree has become a more generalist degree. Yet the Council of Australian Law Deans advises that almost two-thirds oflaw graduates ultimately seek admission to practice. This means that the majority of students commencing a law degree intend to become a solicitor or barrister. Few first-year students, however, are aware of the processes surrounding admission to the profession. They are unaware that merely completing an LLB degree does not a solicitor make. Prospective law students often do not realise that the degree needs to be supplemented by practical legal training (PLT). Beyond that, having satisfied these two academic ...


Ministering Angels, The Camden District Red Cross, 1914-1945, Ian Willis Jan 2014

Ministering Angels, The Camden District Red Cross, 1914-1945, Ian Willis

Faculty of Law, Humanities and the Arts - Papers

Ministering Angels is the story of conservative country women doing their patriotic duty in an outpost of the British Empire. From 1914 Camden district women joined local Red Cross branches and their affiliates in the towns and villages around the colonial estate of the Macarthur family at Camden Park. They sewed, knitted and cooked for God, King and Country throughout the First and Second World Wars, and the years in-between. They ran stalls and raffles, and received considerable community support through cash donations from individuals and community organisations.

Using the themes of soldier and civilian welfare, patriotism, duty, sacrifice, motherhood ...


Hope Logics: Biomedicine, Affective Conventions Of Cancer, And The Governing Of Biocitizenry, Nadine Ehlers, Shiloh Krupar Jan 2014

Hope Logics: Biomedicine, Affective Conventions Of Cancer, And The Governing Of Biocitizenry, Nadine Ehlers, Shiloh Krupar

Faculty of Law, Humanities and the Arts - Papers

This essay explores the deployment of hope within biomedicine. Drawing on Michel Foucault’s account of biopolitics, it argues that hope works in the service of biopolitical imperatives to govern life, and to secure, optimize, and speculate on that life. The essay broadly considers the operations of affect in biomedicine, and specifically examines the governing function of affective conventions of hope—that is, the perceptual, emotional, and corporeal modes of managing and responding to events that support biomedicine’s telos toward the affirmation of life. In relation to illness, hope conditions responses to bodily vulnerability and uncertainty, manages the present ...


Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum Jan 2014

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

Faculty of Law, Humanities and the Arts - Papers

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.


Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken Jan 2014

Educating Law Students For Rural And Regional Practice: Embedding Place Based Perspectives In Law Curricula, Amanda Kennedy, Trish Mundy, Jennifer Nielsen, Caroline Hart, Richard Coverdale, Reid Mortensen, Theresa Smith-Ruig, Claire Macken

Faculty of Law, Humanities and the Arts - Papers

The attraction and retention of professionals generally in rural and regional Australia is an on-going concern. Recent attention has focused upon the recruitment of lawyers and legal professionals to rural and regional areas, where the proportion of lawyers practising has steadily declined over the past twenty years. While the precise extent of the decline is difficult to assess, and the causes of recruitment and retention issues for lawyers in rural and regional areas are nuanced and can vary from region to region, it is clear that concern about attraction and retention is a national one. A national survey conducted in ...


Unhcr As A Subsidiary Organ Of The Un: Plurality, Complexity And Accountability, Niamh H. Kinchin Jan 2014

Unhcr As A Subsidiary Organ Of The Un: Plurality, Complexity And Accountability, Niamh H. Kinchin

Faculty of Law, Humanities and the Arts - Papers

The global space is a place where decision-making and regulation involve diverse actors who act outside of State control yet who affect the rights and obligations of individuals and groups. Its innate plurality speaks against the temptation to understand accountability as a predetermined concept. Instead, it is argued that accountability within the global context should be reconceptualised through the relationships of global decision-making bodies. The United Nations High Commissioner for Refugees (UNHCR) is a subsidiary organ of the UN. If an enquiry into what UNHCR is accountable for is undertaken through an examination of its relationship with the UN according ...


Review Of "Speaking The Earth's Languages: A Theory For Australian-Chilean Postcolonial Poetics', Michael R. Jacklin Jan 2014

Review Of "Speaking The Earth's Languages: A Theory For Australian-Chilean Postcolonial Poetics', Michael R. Jacklin

Faculty of Law, Humanities and the Arts - Papers

Critical connections between Australian and Latin American literature are few and far between. Equally rare are readings which place Aboriginal literary production in Australia alongside that of Indigenous writing from Hispanic or Lusophone America. While a number of scholars have drawn comparisons between Australian Aboriginal writing and English-language Indigenous literature from North America, Indigenous writing from South and Central America has remained an almost terra incognita for Australian scholarship. Stuart Cooke’s study Speaking the Earth’s Languages: A Theory for Australian-Chilean Postcolonial Poetics reads Aboriginal poetic works by Paddy Roe, Butcher Joe Nangan and Lionel Fogarty along with poetry ...


Illawarra Co-­‐Operatives: The First One Hundred Years, Mike Donaldson, Nick Southall Jan 2014

Illawarra Co-­‐Operatives: The First One Hundred Years, Mike Donaldson, Nick Southall

Faculty of Law, Humanities and the Arts - Papers

The hope and promise of co-operative marketing were to return all profits fairly to the producers and to control the price of dairy products through collective market power. Soon the South Coast and West Camden Co-op opened its own selling floors in Sussex Street, Sydney. Illawarra and Shoalhaven farmers immediately withdrew their consignments from ‘the system’ and sent their produce instead to the fledgling co-operative. On Mondays and Thursdays steamers arrived from Wollongong, Kiama and Shoalhaven. Carrier after carrier had to be engaged to convey the butter, bacon and cheese sent from the South Coast to the Co-op’s floor ...


Women's Leadership In The Trades: An Overview, Georgine W. Clarsen Jan 2014

Women's Leadership In The Trades: An Overview, Georgine W. Clarsen

Faculty of Law, Humanities and the Arts - Papers

Advocacy to encourage women to enter male-dominated trades has a long history, though leadership in this sphere of activism has rarely been documented in feminist histories. Efforts to improve women's working lives have most often focused on facilitating women's entry into the professions, company boards or upper management, and on campaigns to secure equal pay for work of equal value. Throughout the 20th century, however, numbers of women have promoted women's entry into skilled, working-class jobs that were thought to be the natural domain of men. One important reason for questioning the high levels of gender segregation ...


Disability At The Periphery: Legal Theory, Disability And Criminal Law, Linda Roslyn Steele, Stuart Dm Thomas Jan 2014

Disability At The Periphery: Legal Theory, Disability And Criminal Law, Linda Roslyn Steele, Stuart Dm Thomas

Faculty of Law, Humanities and the Arts - Papers

This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been ...


Interaction And Self-Correction, Glenda L. Satne Jan 2014

Interaction And Self-Correction, Glenda L. Satne

Faculty of Law, Humanities and the Arts - Papers

In this paper, I address the question of how to account for the normative dimension involved in conceptual competence in a naturalistic framework. First, I present what I call the naturalist challenge (NC), referring to both the phylogenetic and ontogenetic dimensions of conceptual possession and acquisition. I then criticize two models that have been dominant in thinking about conceptual competence, the interpretationist and the causalist models. Both fail to meet NC, by failing to account for the abilities involved in conceptual self-correction. I then offer an alternative account of self-correction that I develop with the help of the interactionist theory ...


Perhaps Tea And Scones Are Ok: The Cwa And Feminism Today, Sharon Crozier-De Rosa Jan 2014

Perhaps Tea And Scones Are Ok: The Cwa And Feminism Today, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers

Next month the Country Women’s Association (CWA) of New South Wales will vote whether or not to put one of their most valuable assets, their Potts Point headquarters, up for sale. The prospect of the sale has caused concern among some members that the CWA is signalling it is a dying institution. It seems a good time, then, to reflect on the history of the CWA and how it fits in with the modern world of feminism.


Industry Needs And Tertiary Journalism Education: Views From News Editors, Trevor Cullen, Stephen J. Tanner, Marcus O'Donnell, Kerry Green Jan 2014

Industry Needs And Tertiary Journalism Education: Views From News Editors, Trevor Cullen, Stephen J. Tanner, Marcus O'Donnell, Kerry Green

Faculty of Law, Humanities and the Arts - Papers

This research paper discusses the findings from a 2012 Australian Learning and Teaching Council (ALTC) sponsored project that canvassed the views of news editors around Australia about the "job readiness" of tertiary educated journalism graduates. The focus of this paper is limited to responses from news editors in Western Australia. Data was collected via face to face interviews with eleven news editors in Perth, Western Australia. The editors work in print, online, broadcast and television and all of them employ journalism graduates. The aim was to assess whether the five university based journalism programs in Perth provide graduates with the ...


Official Discourses Of The Australian 'Welfare Cheat', Scarlet I. Wilcock Jan 2014

Official Discourses Of The Australian 'Welfare Cheat', Scarlet I. Wilcock

Faculty of Law, Humanities and the Arts - Papers

Using critical discourse analysis, this article argues that contemporary discourses of the 'welfare cheat' promulgated by Centrelink and Australian Government officials since 1997 are highly gendered, and serve to legitimise the prosecution of women for welfare fraud offences. Across this timeframe, 'welfare cheats' have been disproportionately identified as female, and are frequently inscribed with the characteristics of selfishness, greed and deceit. This discursive construction of the 'welfare cheat' accords with both neoliberal individualist understandings of crime, in which the 'rational' perpetrator is wholly responsible for his or her wrongdoing, along with deep-seated sexist characterisations of 'bad women' as deceitful, calculated ...


Phedre (Shanghai Theatre Academy And National Academy Of Chinese Theatre Arts), Georgina Grisold, Tara Ridley, Lauren Scott-Young, Amanda Stewart, Brett Johnson, Zephyr Larkin, Gretchen Habermann, Sarah Meacham Jan 2014

Phedre (Shanghai Theatre Academy And National Academy Of Chinese Theatre Arts), Georgina Grisold, Tara Ridley, Lauren Scott-Young, Amanda Stewart, Brett Johnson, Zephyr Larkin, Gretchen Habermann, Sarah Meacham

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


Justice With A Vengeance: Retributive Desire In Popular Imagination, Cassandra Sharp Jan 2014

Justice With A Vengeance: Retributive Desire In Popular Imagination, Cassandra Sharp

Faculty of Law, Humanities and the Arts - Papers

The punishment of criminal behaviour has always been a hot topic in popular culture. Whether in fictional crime dramas or in mainstream news coverage, issues of law, justice, and punishment are constantly being refracted and reframed in a myriad of ways. We seem to like watching criminals not only being caught but also receiving the punishment they deserve. We love it when Sherlock Holmes or Patrick Jayne solves the crime on fictional television, and too often we hear stories in the media of a victim’s family that is indignant and angry that the perpetrator is seemingly “getting away” with ...


Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter Jan 2014

Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers

Re: Bail - Additional show cause offences

We refer to the Attorney General's request for the Sentencing Council to consider a proposal to make amendments to the Bail Act 2013 (NSW) ('the 2013 Act') and specifically the Terms of Reference regarding the addition to the categories of offences for which the accused must 'show cause' before bail may be granted. The specific addition under consideration is with respect to an accused charged with a serious indictable offence committed:

• while subject to a good behaviour bond, intervention program order, intensive correction order;

• while serving a sentence in the community; or

• while ...


Shame And The Anti-Suffragist In Britain And Ireland: Drawing Women Back Into The Fold?, Sharon Crozier-De Rosa Jan 2014

Shame And The Anti-Suffragist In Britain And Ireland: Drawing Women Back Into The Fold?, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers

Shame has been heavily relied on as a political tool in the modern world and yet it is still a much under-historicised emotion. Using the examples of early twentieth-century Britain and Ireland, I examine how women opposed to the campaign for female suffrage used shame instrumentally in their writing. Exploring the versatility of this political device, I find that shame was used with the oppositional intentions of binding and excluding. Whereas British conservatives used it to protect an already well-established imagined community of good imperial women, Irish radicals drew on it to invite women to take part in the construction ...


The Ephemeral Coast: On The Edge Of The Otherly Realm, Ian Buchanan Jan 2014

The Ephemeral Coast: On The Edge Of The Otherly Realm, Ian Buchanan

Faculty of Law, Humanities and the Arts - Papers

The coastline –the space between the ocean and the land– is a both a barrier and an invitation to go beyond the land’s edge and enter an otherly realm. Humans have skated over the water in boats and other kinds of watercraft for thousands of years. But they have always been (and continue to be) reluctant to immerse themselves in the ocean. Despite humanity’s eons long interaction with water, as Charles Sprawson’s marvellous paean to swimming Haunts of the Black Masseur documents, it is only the past 150 years or so that humans have been swimmers and ...