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Full-Text Articles in Law

A Lost Opportunity For Imf Reform?, Georgia Lysaght Jan 2011

A Lost Opportunity For Imf Reform?, Georgia Lysaght

Faculty of Law, Humanities and the Arts - Papers

The International Monetary Fund executive board will complete interviews of the two leading candidates to replace Dominique Strauss-Kahn this week, with the aim of picking a new managing director by June 30.

Mexican central bank chief Agustin Carstens fronted the board overnight, promising a consensus-building approach to running the institution.

But given the long-standing tradition of only Europeans being selected to head the IMF, it should come as little surprise that Carstens is likely to lose out French Foreign Minister Christine Lagarde.

Nonetheless, this changing of the guard has afforded the IMF the perfect opportunity to showcase its promised structural ...


State Of Nsw: Weighing The Cost Of The Privatisation Of Power, Sharon Beder Jan 2011

State Of Nsw: Weighing The Cost Of The Privatisation Of Power, Sharon Beder

Faculty of Law, Humanities and the Arts - Papers

Successive governments in NSW, of both political persuasions, have tried to privatise electricity despite strong and consistent citizen opposition. Citizen opposition is based on the desire to maintain public control of an essential service as well as awareness that around the world privatisation has led to higher electricity prices and lower reliability of electricity supply.

Nonetheless governments have been pressured to privatise electricity by businesses and banks as well as the federal government. They have also been attracted to the lure of an influx of funds in the short-term to spend on other government priorities, such as urban infrastructure projects ...


The Practice And Politics Of Leaking, Kathryn Flynn Jan 2011

The Practice And Politics Of Leaking, Kathryn Flynn

Faculty of Law, Humanities and the Arts - Papers

Civic-minded people who encounter what they believe to be corrupt and illegal conduct in the workplace may take it upon themselves to release relevant confidential information. This is done either through an open disclosure, where the identity of the whistleblower is publicly known, or an unauthorised disclosure where the identity of the leaker is not revealed. This information is typically leaked to journalists or activists who may be able to seek redress. Leaking is an alternative to whistleblowing and carries fewer risks of reprisals but leakers need to be alert to pitfalls with this practice.


No Idea: Tristram Shandy, Transgressive Creativity, John Locke’S Tabula Rasa, And The Legal Imaginary, Marett Leiboff Jan 2011

No Idea: Tristram Shandy, Transgressive Creativity, John Locke’S Tabula Rasa, And The Legal Imaginary, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers

Pray, Sir, in all the reading which you have ever read, did you ever read such a book as Locke’s Essay upon the Human Understanding? ——Don’t answer me rashly, –because many, I know, quote the book, who have not read it,—and many have read it who understand it not:— Laurence Sterne, The Life and Opinions of Tristram Shandy, Gentleman, Vol. II, Chap. II


Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista Jan 2011

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues ...


Binary Love - Artwork Exhibited In The Exhibition New Psychedelia, Madeleine T. Kelly Jan 2011

Binary Love - Artwork Exhibited In The Exhibition New Psychedelia, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers

In recent years psychedelic ideas and aesthetics have made a notable return to contemporary art. The current influence of psychedelia has developed in response to the growing impact of global capital and technology on daily life. New Psychedelia presents a range of contemporary Australian artworks that display psychedelic influences and strategies for addressing the themes of consciousness, capitalism and technology. The exhibition will feature existing artworks alongside new site-specific works commissioned for the exhibition.


Computational Drawing: Code And Invisible Operation, Brogan S. Bunt Jan 2011

Computational Drawing: Code And Invisible Operation, Brogan S. Bunt

Faculty of Law, Humanities and the Arts - Papers

Drawing upon my own experience in developing the algorithmic drawing project, Loom, this paper considers the relationship between conceptual and non-conceptual dimensions of drawing in computational art. It is concerned particularly to reflect upon the nature of this aesthetic labour, which involves not only programming but also the blind space of procedure.


Building Future Sustainability And Democratic Practices: The Role Of Adult Education In Post-Conflict Communities , Georgia Lysaght, Peter Kell Jan 2011

Building Future Sustainability And Democratic Practices: The Role Of Adult Education In Post-Conflict Communities , Georgia Lysaght, Peter Kell

Faculty of Law - Papers (Archive)

This paper documents and analyses a range of literature and policy statements that identifies issues and looks at the role which adult education plays in building communities and peace in post-conflict states. This paper explores and documents these developments in countries in close proximity to Australia which have been viewed by the former Australian government as constituting an 'arc of instability'. This is a term which will be critically discussed in the paper for the way in which it positions the nations of the Pacific and Australia's foreign policy as well as its aid and development policy. This paper ...


Life Before Somerville, Andrew Whelan Jan 2011

Life Before Somerville, Andrew Whelan

Faculty of Law, Humanities and the Arts - Papers

Life before Somerville: certainly there must have been such a thing, though it seems a foreign country. My background is perhaps 'unconventional', although at the stage where my trajectory towards Somerville began to sediment, oddly representative of the time. I was born in 1974 in Dublin, a second child with a brother 4 years senior. There was a younger brother to come, 8 years later. My parents met at Oxford. My father was working for a BPhil in International Law at Pembroke and my mother was doing English at Somerville: there is rather a long line of Somervillians in my ...


Evaluations Of Im/Politeness Of An Intercultural Apology, Wei-Lin Melody Chang, Michael Haugh Jan 2011

Evaluations Of Im/Politeness Of An Intercultural Apology, Wei-Lin Melody Chang, Michael Haugh

Faculty of Law, Humanities and the Arts - Papers

This study examines variation in evaluations of im/politeness of a recording of a naturally occurring intercultural apology, focusing in particular on potential cultural differences in these evaluations across speakers of (Australian) English and (Mandarin) Chinese. We first closely analyse the apology itself as a form of social action, and suggest in the course of this analysis that evaluations of im/politeness are closely tied to converging and diverging interpretations of actions and meanings that are interactionally achieved in situated discourse. The results of a survey of evaluations of the apology and follow-up interviews with Australian and Taiwanese informants are ...


Islamist Terrorism And Australia: An Empirical Examination Of The "Home-Grown" Threat, Sam Mullins Jan 2011

Islamist Terrorism And Australia: An Empirical Examination Of The "Home-Grown" Threat, Sam Mullins

Faculty of Law - Papers (Archive)

Australian interests have been considered viable targets for Islamist terrorists since at least 2001, and Australians have suffered from attacks in Bali in 2002 and 2005, and Jakarta in 2004 and 2009. Moreover, Australian citizens have been involved in militant Islamist networks since the late 1980s, and similar to other Western countries in recent years there have been examples of ‘‘home-grown’’ plots to carry out domestic terrorist attacks. This article seeks to clarify the nature of the contemporary security threat within Australia by analysing the involvement of Australian citizens and residents in Islamist terrorism, both at home and abroad. The ...


Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher Jan 2011

Scanning The Lifeworld: Toward A Critical Neuroscience Of Action And Interaction, Shaun Gallagher

Faculty of Law, Humanities and the Arts - Papers

A recent report published in Neuron, a leading journal of neuroscience, by researchers at Japan's ATR Computational Neuroscience Laboratories (Miyawaki et al., 2008) has been the basis for a claim that new technology able to analyze signals in the brain "can reconstruct the images inside a person's mind and display them on a computer monitor." Although claims made in the actual research paper were much more modest, in the media the standard, optimistic predictions were quick to come. "These results are a breakthrough in terms of understanding brain activity. In as little as 10 years, advances in this ...


'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff Jan 2011

'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff

Faculty of Law - Papers (Archive)

On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and ...


Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Julian Aiken, Femi Cadmus Jan 2011

Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Julian Aiken, Femi Cadmus

Librarian Scholarship Series

No abstract provided.


Book Review: The Legal Landscape -- A Review Of John Copeland Nagle, Law's Environment: How The Law Shapes The Places We Live, Julie G. Krishnaswami Jan 2011

Book Review: The Legal Landscape -- A Review Of John Copeland Nagle, Law's Environment: How The Law Shapes The Places We Live, Julie G. Krishnaswami

Librarian Scholarship Series

In "Law's Environment: How the Law Shapes the Places We Live," Hone Copeland Nagle reflects on unremarkarkable geographical lands impacted by major environmental legislation and considers the values implicit in environmental legislation. Nagle's thesis is that multiple environmental laws typically weave together to shape a region. IN this text, the consequences of environmental legislation are examined by looking at the impact of the laws on the natural environment of five distinct places.


Yale Law School Dean Robert Post Commencement Remarks - May 23, 2011, Robert Post Jan 2011

Yale Law School Dean Robert Post Commencement Remarks - May 23, 2011, Robert Post

Yale Law School Commencement Addresses

No abstract provided.


Graduation May 23, 2011, A Confession, Professor Fiss, Owen M. Fiss Jan 2011

Graduation May 23, 2011, A Confession, Professor Fiss, Owen M. Fiss

Yale Law School Commencement Addresses

No abstract provided.


Commencement Address, Professor Drew S. Days, Iii, Drew S. Days Iii Jan 2011

Commencement Address, Professor Drew S. Days, Iii, Drew S. Days Iii

Yale Law School Commencement Addresses

No abstract provided.


Yale Law School, Guido Calabresi Graduation Remarks, Delivered June 1, 2011, Guido Calabresi Jan 2011

Yale Law School, Guido Calabresi Graduation Remarks, Delivered June 1, 2011, Guido Calabresi

Yale Law School Commencement Addresses

No abstract provided.


Restitution, Tiong Min Yeo Jan 2011

Restitution, Tiong Min Yeo

Research Collection School Of Law

The most important case on restitution in 2010 is probably the Court of Appeal decision in George Raymond Zage III v Ho Chi Kwong [2010] 2 SLR 589 (Chan Sek Keong CJ, Andrew Phang Boon Leong JA and V K Rajah JA) which discussed the state of knowledge required to establish liability for knowing receipt of misapplied trust property and implicitly rejected the strict liablity restitutionary analysis. In addition, there were a number of decisions on different aspects of the law of restitution. Notable on a preliminary point is Cheng William v DBS Bank Ltd [2010] SGHC 34 at [42 ...


Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen Jan 2011

Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen

Research Collection School Of Law

Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.


Tort Law, Gary Kok Yew Chan, Kumaralingam Amirthalingam Jan 2011

Tort Law, Gary Kok Yew Chan, Kumaralingam Amirthalingam

Research Collection School Of Law

No abstract provided.


Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann Jan 2011

Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann

Faculty Scholarship

No abstract provided.


A Review Of Post-Pga Tour, Inc. V. Martin Legal Developments Regarding The Participation Rights Of Disabled Athletes, Matthew J. Mitten Jan 2011

A Review Of Post-Pga Tour, Inc. V. Martin Legal Developments Regarding The Participation Rights Of Disabled Athletes, Matthew J. Mitten

Faculty Publications

No abstract provided.


Games And Other Uncopyrightable Systems, Bruce E. Boyden Jan 2011

Games And Other Uncopyrightable Systems, Bruce E. Boyden

Faculty Publications

This article solves two puzzles in copyright law. First, it has long been blackletter law that games are not copyrightable. But the origins of this rule are lost to history, and the reasons for it are not obvious. Second, it has never been adequately explained what makes something a “system” excluded from copyright protection under Section 102(b) of the Copyright Act. Modern courts interpret “system” as merely a synonym for “idea” or “process,” two other categories of exclusions. Others have interpreted it using the broadest definition in the dictionary, which would sweep in large amounts of copyrightable material as ...


There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury Jan 2011

There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Faculty Publications

This article analyzes the theory of dispute system design when put into action to meet a current economic crisis. In partnership with the City of Milwaukee, Marquette University Law School designed and now operates a voluntary mediation program to deal with the foreclosure crisis. The creation of the Marquette Foreclosure Mediation Program (MFMP) is a case study in dispute system design. Because MFMP is unlike other foreclosure mediation programs - in that it is was designed in conjunction with and is now operated by a law school - the design structure and results analysis are unique and can provide important insights for ...


Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda Jan 2011

Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda

Faculty Publications

The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without ...


Research At Your Own Risk: Free Online Statutory Codes Are Widely Available But Are They Good Enough To Meet Users' Needs?, Paul Hellyer Jan 2011

Research At Your Own Risk: Free Online Statutory Codes Are Widely Available But Are They Good Enough To Meet Users' Needs?, Paul Hellyer

Library Staff Publications

No abstract provided.


Copyright And Research In Google Book Search, Benjamin J. Keele Jan 2011

Copyright And Research In Google Book Search, Benjamin J. Keele

Library Staff Publications

Many researchers—even trained professionals—often use the Google search engine to begin searches for information. Google’s many products enable researchers to search public websites, scholarly articles, and even patents. One vast area of information not yet thoroughly indexed by Google is print books. Google Book Search (also at times referred to as Google Books, Google Print and Google Library Project) is the company’s effort to digitize and index the world’s print literature.


Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele Jan 2011

Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele

Library Staff Publications

No abstract provided.