Law Commons^™

The Wicker Baby, Tara Goedjen

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

A woman is told to collect rocks and wood for the hearth. She walks across a field beside a cliff where she finds a pile of tiny stones. By and by, one begins to move. She picks it up and it cracks open, dousing her hands................

The Dirt Baby, Tara Goedjen

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

A woman has nothing in her hands and she is lonely. She goes outside and the sky is black without stars or planets. In the middle of the yard she kneels and spits on the ground beside her legs. Her saliva mixes..........................

The Fish Baby, Tara Goedjen

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

A young mother carries her drooling baby through the parking lot. Shiny cars pass on either side of her as her heels click on the pavement. The baby begins to cry and its face turns red and swollen. The mother hushes............................

The Pool Baby, Tara Goedjen

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

A woman swimming laps wants desperately to have a child. She dries off and asks the man doing backstroke if he would like to a have a baby. He says no. She continues to ask the other swimmers. No one wants ...................................

Waiting, Sally Evans

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

she knows his engine’s sound —— & the car door closing waits at the window ..................

Old Earth, Jo Law

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

Jo Law works across multiple artforms and media. Her approach to material and conceptual experimentation is expansive with a particular interest on an engagement with objects. The focus of her practice is in the making of things. These things include: films, videos, collages, drawings, diagrams, maps, prints, books, installations, interactive and online works.

Jo"s works have been shown widely across Australia and internationally in Hong Kong, the United States, Mexico, Norway, the Philippines, and Taiwan. She has received awards including the Silver Spire Award at the San Francisco International Film Festival. She was the Australia Council"s artist-inresidence in Tokyo in …

Cubicles, Joshua M. Lobb

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

Research Background: The work is an original short prose piece. It uses as its starting point the hypothesis that narratives surrounding gay male sexual encounters tend towards visual details, where as heterosexual narratives often depend on verbal exchanges. The research questions for the project are: what are the narrative and formal implications of writing about heterosexual and homosexual ‘courtship’? Which narrative form is the more limiting for characters’ agency?

Research Contribution: The work is situated in the methodology of research-led practice. It is a practical application of research, combining analysis of dialogue in realism with the writing on the ideological …

Towards Aphrodite, Diana Wood Conroy

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

I wasn't sure I could walk that far to be honest - 17 km seemed quite a long way for a day's walk. It had been in my mind for years to make the walk from new Paphos to old Paphos along the pilgrim's way mentioned by the geographer Strabo in the first century. He wrote that every year 'men and women came from other cities to celebrate all along the road' ITom the port at new Paphos to the sanctuary of Aphrodite on the hill high above the coast. I tried to research the ro ute by looking for …

'Integration', Vietnamese Australian Writing, And An Unfinished Boat Story, Michael R. Jacklin

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

This article contributes to the critical commentary on boat narratives through a reading of an early and little-known example of a Vietnamese Australian boat story: ‘The Whitish-Grey Dove on the Disorientated Boat’, a serialised novella which was published in Integration: The Magazine for Multicultural and Vietnamese Issues from 1994 to 1998. Focusing on this novella and the magazine in which it appeared serves two objectives: the first is to make the argument that Vietnamese Australian writing has a longer and more active history than may be commonly recognized or acknowledged and that ‘the boat’ is a significant figure in this …

Heterogeneous Agendas Around Public Engagement In Stem Cell Research: The Case For Maintaining Plasticity, Sarah Parry, Wendy Faulkner, Sarah Cunningham-Burley, Nicola J. Marks

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

Although public engagement is now part of the business of doing science, there is considerable divergence about what the term means and what public engagement ought to be doing. This paper refl ects on these heterogeneous meanings and agendas through an analysis of focus group data from research on public engagement in stem cell research. Three broad visions of public engagement are identifi ed: as education and information provision; as dialogue; and as participation in policy making. In analysing the implications of these visions three dimensions are highlighted: weakly and strongly structured visions of public engagement; the co production of …

Transitivity Analysis Of Heroic Mother By Hoa Pham, Thu Hanh Nguyen

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

The paper investigates the application of Halliday’s theory of transitivity in the construction of personality. The essay aims to identify and explain how the main character’s personality is portrayed and represented through language used in Hoa Pham’s “Heroic Mother”. The findings hope to prove that linguistic choices in transitivity play an important role in building up the main character of the story.

The essay is divided into six parts. The first part explains the roles of language and language studies in social life. The second part notes the functions of Halliday’s transitivity system in literary studies by reviewing previous studies …

Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin

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

Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …

Researching With Communities: Towards A Leading Edge Theory And Practice For Community Engagement, Robin Durie, Craig A. Lundy, Katrina Wyatt

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

This project seeks to determine the extent to which complexity theory might offer the most effective means for understanding how communities can be successfully engaged in and with academic research. In the project, we adopted a case study approach, working with participants in a number of projects which had significant community engagement. These projects were all supported by the UK Beacons for Public Engagement, with which we also collaborated in our work. From the outset our research was informed by a Community Advisory Group, comprising community partners and engagement specialists.

The objective of our research was to identify the initial …

'Deep Cleavages That Divide': The Origins And Development Of Ethnic Violence In Rwanda, Deborah Mayersen

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

While Hutu and Tutsi subgroups have existed since pre-colonial times in Rwanda, major interethnic violence is a much more recent phenomenon. During the 1950s, issues of race, power and privilege became highly politicised. As decolonisation loomed, the intersections between race and power became bitterly contested, leading to the 1959 Hutu Uprising. The Hutu Uprising was the first major outbreak of interethnic violence in Rwanda, however following this, such violence recurred repeatedly. This article explores key issues that contributed to and emerged from the Hutu Uprising, including the conflation of political and ethnic issues, perceptions of the Tutsi minority as a …

Chinese Merchants In Singapore And The China Trade, 1819-1959, Jason Lim

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

Chinese merchants in Singapore were involved with the China trade after the British established a trading post in Singapore in 1819. These merchants were regarded as Chinese citizens by the Chinese state and expected to be engaged in patriotic activities such as the promotion of Chinese goods as “national products” in the 1930s, and comply with Chinese government regulations during the Sino-Japanese War and after the communist victory in China in 1949. This paper traces the vicissitudes of the China trade for the Chinese merchants in Singapore as the island went through phases of political and economic stability, international competition, …

Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim

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

Both Personal names in Asia: History, culture and identity and Rebuilding the ancestral village: Singaporeans in China share a common theme of individuals and communities having to change with the times. Personal names examines individual and collective reactions to societal transformation through name changes; Rebuilding the ancestral village examines Chinese Singaporeans’ collective memory of, and struggles to maintain ties with, such villages in China.

Social Connectedness And Generalized Trust: A Longitudinal Perspective, Patrick Sturgis, Roger Patulny, Nick Allum, Franz Buscha

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

Social, or ’generalized‘, trust refers to beliefs that people hold about how other people in society will in general act towards them. Can people in general be trusted? Or must one be careful in dealing with people? Research on the antecedents of social trust has typically relied on cross-sectional regression estimators to evaluate putative causes. Our contention is that much of this research over-estimates the importance of many of these causes because of the failure to account for unmeasured confounding influences. In this paper we use longitudinal data to assess the causal status of a particularly prominent mooted cause of …

Aplicando El Empirismo Trascendental: Deleuze En Medio-Oriente, Marcelo G. Svirsky

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

This article applies some of Gilles Deleuze’s concepts, particularly the ideas supporting his transcendental empiricism onto a particular field of action: Arab-Jewish radical activism in Israel- Palestine. Specifically, the article interrogates three scenes: housing activism, bilingual education and professional football. Deleuze’s empiricism, the findings help to argue, is not only an approach to understanding but necessarily also an activist perspective on social life.

L'Ecole De La Republique: Inclusive Ou Exclusive, Henri A. Jeanjean

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

La politique d’exclusion des langues régionales et de leurs locuteurs s’est clairement manifestée dans les décisions législatives prises au cours des siècles par les gouvernements successifs, depuis François 1er et son Edit de Villers-Cotterêts jusqu’aux gouvernements de la Vème République, qu’ils soient de droite ou de gauche1. On la retrouve toujours dans les discours de dirigeants politiques ou encore dans certaines décisions prises par différentes strates de l’administration, notamment l’Education Nationale. Un phénomène relativement nouveau est venu se greffer sur cette politique Jacobine et la renforcer: le refus du Communautarisme. Cette appellation avait été popularisée en 1999 au cours des …

The Injustice Of Ignorance, Nicholas Tavares

Common Reading Essay Contest Winners

Third Place (tie)

Legal Promise And Psychological Contract, Tess Wilkinson-Ryan

All Faculty Scholarship

No abstract provided.

Introduction: Punishment And Culpability, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Perceptions Of Fairness And Justice: The Shared Aims And Occasional Conflicts Of Legitimacy And Moral Credibility, Josh Bowers, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach

All Faculty Scholarship

No abstract provided.

Portia's Deal, Karen M. Tani

All Faculty Scholarship

The New Deal, one of the greatest expansions of government in U.S. history, was a “lawyers’ deal”: it relied heavily on lawyers’ skills and reflected lawyers’ values. Was it exclusively a “male lawyers’ deal”? This Essay argues that the New Deal offered important opportunities to women lawyers at a time when they were just beginning to graduate from law school in significant numbers. Agencies associated with social welfare policy, a traditionally “maternalist” enterprise, seem to have been particularly hospitable. Through these agencies, women lawyers helped to administer, interpret, and create the law of a new era.

Using government records and …

The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively

Honors Theses

The world of politics entails a large variety of men and women from diverse backgrounds. Politicians range from mayors of local cities and state representatives to Congressmen and presidents. One other group that I consider to be included under the realm of politicians are those that serve in the judicial branch of the United State government. While Judges may not be labeled Republican or Democratic, the political backgrounds of appointees are some of the driving forces to decide who serves on the bench. Studying the judiciary leads to coming across some historical figures that shaped history through the opinions that …

The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Design patents are an area of intellectual property law focused entirely on the visual, unlike copyright, patent, trademark, trade secret, or the various sui generis protections that have occasionally been enacted for specific types of innovation. Judges and lawyers in general are highly uncomfortable with images, yet design patents force direct legal engagement with images. This short piece offers an outsider’s view of what design patent law has to say about the use of images as legal tools, why tests for design patent infringement are likely to stay unsatisfactory, and what lessons other fields of intellectual property, specifically copyright, might …

Why Marriage?, Suzanne B. Goldberg

Faculty Scholarship

In a well-known New Yorker cartoon, a man and a woman sit together on a couch, clearly in the midst of a conversation about marriage for gay and lesbian couples. “Haven't they suffered enough?” one of them asks. Although the cartoon characters jest, the question of why gay people are fighting so hard for the right to marry is a serious one. After all, marriage rates have been dropping steadily in the United States and in much of the world, and divorce rates remain high. Why, then, are lesbians and gay men fighting so hard to join an institution that …

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …

Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner

Lorin C. Geitner

Amish are being tried under a Federal Hate Crimes statute in Ohio for cutting the beards of elders in another Amish community. Why such a strange form of assault? Since this is an Amish on Amish crime, does it constitute a hate crime? And is the reliance of the statute on the commerce clause over-reaching, and potentially under-reaching as well?