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2001

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Juror Comprehension And Complexity: Strategies To Enhance Understanding, Mark Findlay Jan 2001

Juror Comprehension And Complexity: Strategies To Enhance Understanding, Mark Findlay

Research Collection Yong Pung How School Of Law

Recent law reform debate proposes the complexity of trials as generally reducing juror comprehension. This in turn is said to impact on the accuracy of the verdict. The empirical studies of three very different jury systems examined in detail in the paper challenge these assumptions against problematic measures of complexity. Critics of the jury, particularly in commercial fraud trials, often take the issue of trial complexity as a given. The studies demonstrate that features of the trial which trouble jurors in terms of concentration, comprehension and decision making are consistent, while often specific to the trial and interrelated. The paper …

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Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay Jan 2001

Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay

Research Collection Yong Pung How School Of Law

Critical to analysing the recent synthesis of criminal trialprocedures is an understanding of the internationalisation of criminal law andprocedure. As well as the creation of international tribunals to investigateand try crimes of world significance, there is emerging an internationaljurisprudence on criminal law (and procedural hybrids to support and developthis) which require integrated analysis.

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Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price Jan 2001

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection Yong Pung How School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.

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Gaming And Wagering Contracts, Boon Leong, Andrew Phang Jan 2001

Gaming And Wagering Contracts, Boon Leong, Andrew Phang

Research Collection Yong Pung How School Of Law

No abstract provided.

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Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee Jan 2001

Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The present article surveys various issues in the law relating to the award of restitutionary damages in contract law, utilising as its point of focus the recent House of Lords decision in Attorney-General v Blake. It explores, in particular, two possible (albeit quite different) routes towards the recovery of such damages; the first based on the (more traditional) compensatory basis and the second on the (more controversial) restitutionary basis for disgorgement of the defendant's gain. While we argue that there is, on a more general level, no overriding objection in principle to the award of restitutionary damages for cynical breach …

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The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh Jan 2001

The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh

Research Collection Yong Pung How School Of Law

As a mechanism for shareholder control of corporate wrongs and thus as a tool of corporate governance, the statutory derivative action has had much international attention given to it, particularly in the last 10 years. Singapore introduced its statutory derivative action in 1993 and since then, there have been two reported cases in which the action was invoked. In this paper, I consider the Singapore derivative action as contained in sections 216A and 216B of the Singapore Companies Act. The approach taken is a comparative one as I also look at the statutory derivative actions in Australia and other common …

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A Socio-Historical Study Of The Construction Of Knowledge In Secondary Media Education In Western Australia - Whose Knowledge?, Robyn Quin Jan 2001

A Socio-Historical Study Of The Construction Of Knowledge In Secondary Media Education In Western Australia - Whose Knowledge?, Robyn Quin

Theses: Doctorates and Masters

This thesis investigates the history of the construction of knowledge in the school subject media studies using the Western Australian experience as the case for the study. It seeks to explain why the subject media studies looks and sounds the way it does today through the production of a genealogy of the subject. The problems addressed are first, why was this subject introduced into the curriculum in the 1970s. Secondly, how has the knowledge in the subject been defined and contested, how and why has it changed in the course of the subject’s history. Thirdly, which knowledge attains the status …

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The Role Of Children's Talk In Writing Development, Belinda Nelson Jan 2001

The Role Of Children's Talk In Writing Development, Belinda Nelson

Theses: Doctorates and Masters

This study is a 'snap shot' into the interactions and utterances of developing writers. It provides insight into the usefulness of talk, the need to model and encourage talk in the composing processes of children and also into the factors that impact on such talk making it more or less effective for young writers. The study observed six middle primary school students during the writing of two texts and recorded the accompanying talk. Classroom observations provided insight into the pedagogical and cultural influences within the writing contexts. Writing samples enabled each student's writing development to be analysed and became a …

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The History And Development Of The Education And Training Of Library Technicians In Australia, Christine E. Hart Jan 2001

The History And Development Of The Education And Training Of Library Technicians In Australia, Christine E. Hart

Theses: Doctorates and Masters

The history and development of the education and training of library Technicians in Australia is currently recorded in the literature in a piecemeal und uncoordinated manner. The aim of this research is to provide a current and coherent account of the history and development of courses, examine the role of major stakeholders and identify the major issues that have accompanied the evolution of education and training for paraprofessional library staff. A comprehensive chronicle of the education and training of library technicians will contribute to the research and literature of Library and information science in Australia. The research will examine: • …

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History, Culture And Alcohol: Drinking Patterns In Poland And Australia, Barbara Wolska Jan 2001

History, Culture And Alcohol: Drinking Patterns In Poland And Australia, Barbara Wolska

Theses: Doctorates and Masters

It is a widely held view in Poland that for centuries those in power have promoted heavy drinking among their subjects in order to achieve their various goals and that this contributed to the development of Polish drinking patterns. There is some empirical evidence that the political economy of alcohol in Poland promoted heavy drinking among the Polish population. Drinking alcohol in Poland was an important aspect of social situations. The most popular beverage was vodka(s). Social pressure to drink in the extreme was attributed to the tradition of hospitality. Cultural norms encouraged very heavy drinking among men and imposed …

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Creating Non-Representational Art By Students Who Are Severely Intellectually Disabled Through A Pictorial And Musical Program, Jane Riddoch Jan 2001

Creating Non-Representational Art By Students Who Are Severely Intellectually Disabled Through A Pictorial And Musical Program, Jane Riddoch

Theses: Doctorates and Masters

The main purpose of this research study was to investigate the worth of a recently developed Pictorial and Musical art program for severely intellectually disabled students, and to compare the non-representational art work produced by lower primary students in a special education school to similar art work being produced by lower primary students in a regular school, when taught in the same program. A subsidiary purpose of the study was to investigate teacher reactions in the art classroom of each participating school, and to observe the extent of the Pictorial and Musical program interventions on the students' attitudes and production …

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Early Childhood Teachers' Knowledge Of Children With Disabilities And Teaching Children With Disabilities, Pamela A. Kilgallon Jan 2001

Early Childhood Teachers' Knowledge Of Children With Disabilities And Teaching Children With Disabilities, Pamela A. Kilgallon

Theses: Doctorates and Masters

Trends to integrate students with disabilities into general education schools, rely on early childhood teachers utilising their knowledge and skills to provide successful induction into the education system, and fully including students with disabilities in the teaching program. This study describes early childhood teachers' knowledge of children with disabilities, and the teaching of these children, through teachers recounting their sources of knowledge and experiences in teaching children with disabilities. This study was conducted in the northern metropolitan teaching districts of Perth, Western Australia. Using both quantitative and qualitative methodology, 22 early childhood teachers completed a survey involving open-ended questions, followed …

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Monday Morning And The Millennium : Cultural Studies, Scepticism And The Concept Of Power, Mark Gibson Jan 2001

Monday Morning And The Millennium : Cultural Studies, Scepticism And The Concept Of Power, Mark Gibson

Theses: Doctorates and Masters

The thesis examines the use or the concept of power in cultural studies, offering a revisionist perspective on the history or this use. The dominant approach to questions or power in the field, it is argued, is a 'rationalist' one: the various phenomena comprehended under the concept are conceived ultimately as instances or the one phenomenon. This approach implies that positions in relation to power share a common referent allowing them to be assessed according to general criteria of 'correctness' or theoretical adequacy. It also allows developments in debates around power to be represented in terms or a narrative or …

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Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright Jan 2001

Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright

Theses: Doctorates and Masters

The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n …

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Genetic Variation And Disease In The Roma (Gypsies), David J. Gresham Jan 2001

Genetic Variation And Disease In The Roma (Gypsies), David J. Gresham

Theses: Doctorates and Masters

The Roma (Gypsies) are a European people composed of a mosaic of culturally heterogeneous populations. Linguistic analyses point to their origins in the Indian subcontinent. Cultural diversity in extant Romani populations suggests that they are descended from a mixture of Indian populations. Previous population genetic studies of the Roma have supported this claim by demonstrating the genetic heterogeneity of Romani populations. More recently, medical genetic research has detected identical founder mutations in separated Romani populations, which provides evidence of their relatedness. In this thesis, the genetic heritage of the Roma and its significance for genetic disease and research is investigated. …

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Communicative Interaction In The English Language Classroom : A Field Study Of A Western Teacher As Change Agent In Two Chinese Primary Schools In Zhong Shan, People's Republic Of China, Monika Trittibach-Andres Jan 2001

Communicative Interaction In The English Language Classroom : A Field Study Of A Western Teacher As Change Agent In Two Chinese Primary Schools In Zhong Shan, People's Republic Of China, Monika Trittibach-Andres

Theses: Doctorates and Masters

The purpose of this study was to investigate the influence of a 'Change Agent' in teaching English as a Foreign Language (EFL) in Chinese primary schools, and to determine whether changes were perceivable in the number and type of communicative interactions that occurred in EFL classrooms. The Department of Education of Zhong Shan, People's Republic of China, welcomed this research as the communicative approach to teaching English is sanctioned by the authorities. However, the formality of the actual classroom in primary schools often precludes much use of this method. An Investigation of the influence of a Westerner in the role …

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In Search Of A Conceptualisation Of The Term 'Community' In Metropolitan Perth, Andria W. Green Jan 2001

In Search Of A Conceptualisation Of The Term 'Community' In Metropolitan Perth, Andria W. Green

Theses: Doctorates and Masters

Communities arc dynamic, historically determined, and complex, and the topic itself has concerned social scientists for some time (Durkhcim, 1964, Weisenfeld, 1996). However, there has been an intrinsic problem in previous research arising from the ambiguity of the concept of the term 'community' itself, specifically the contradictions concerning its essential meaning. The aim of this study was to determine whether there are other ways of thinking about community without taking on any unwanted connotations of previous conceptualisations from past research. The research was based on the social constructivist paradigm and qualitative methodology was employed. Conceptualisations of the term community were …

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The Reproductive Biology And Temporal Distribution Of A Great Egret And Nankeen Night Heron Colony At The Perth Zoo, Robyn Phillimore Jan 2001

The Reproductive Biology And Temporal Distribution Of A Great Egret And Nankeen Night Heron Colony At The Perth Zoo, Robyn Phillimore

Theses: Doctorates and Masters

A colony of Great Egrets (Ardea alba) and Nankeen Night Herons (Nycticorax caledonicus) has existed at the Perth Zoo in Metropolitan Perth for over 25 years. The colony is particularly significant for the conservation and management of Great Egrets in Western Australia as it is the only colony located in the Metropolitan area. Baseline information of their breeding biology was needed to facilitate the development of management guidelines for the zoo colony. Foraging behaviour was used to highlight specific adaptations in hunting strategies and diet. However, it was not possible to observe foraging Nankeen Night Herons as they forage at …

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A Framework For River Restoration Planning : Considering Conceptual And Structural Perspectives From Case Studies Of The Liao River In China And The Kalgan River In Australia, Ye Sun Jan 2001

A Framework For River Restoration Planning : Considering Conceptual And Structural Perspectives From Case Studies Of The Liao River In China And The Kalgan River In Australia, Ye Sun

Theses: Doctorates and Masters

Over the last decade, restoration ecology has been considered a new paradigm for dealing with many of the environmental problems of river systems. It is also recognized that management decisions have a greater chance of being successful if they are based on a thorough understanding of a concept or a plan. A review of current studies on river restoration and river restoration planning revealed that managers and scientists have put a substantial emphasis on ecological science and technology in restoration, while many sociopolitical and economic elements have been de-emphasized Besides this, understanding and experiences of river restoration, especially those of …

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Student Empowerment In A Primary School Classroom : A Descriptive Study, Anna M. Sullivan Jan 2001

Student Empowerment In A Primary School Classroom : A Descriptive Study, Anna M. Sullivan

Theses: Doctorates and Masters

Empowering students to take control to lead functional and fulfilling lives should help them meet their needs for power and belonging, and enable them to realise their social goals. Such an outcome should positively affect students' achievement motivation. However, there is little understanding and research on the construct of student empowerment particularly in the primary school context from the teacher and student perspective. Teachers have a power-over relationship with students and arc in a position to decide how they exercise that power. Teachers who choose to enable student empowerment can share power with students to establish positive forces of power, …

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Factors In The Development Of Early Childhood Distance Education Curriculum Materials For Language And Literacy In Western Australia, Elisabeth Turner Jan 2001

Factors In The Development Of Early Childhood Distance Education Curriculum Materials For Language And Literacy In Western Australia, Elisabeth Turner

Theses: Doctorates and Masters

Many factors influence the changing nature of education: family structures, cultural diversity, rapid technological change, social conditions. In response to these changes the Curriculum Framework for Western Australian schools has been developed to establish the learning outcomes expected of all students from K-12. Students in isolated and distance education settings are supplied curriculum materials designed to meet their diverse educational needs. This study presents one snapshot of an ongoing research project in which new language and literacy curriculum materials for early childhood distance education learners were developed, trialled and further developed. Some factors that appear to be important in the …

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A Journey Into Self-Actualization, William Rubar Jan 2001

A Journey Into Self-Actualization, William Rubar

Theses

The MFA Thesis Exhibition is a presentation of ceramic sculpture. The theme for this body of work is a self-portrait that uses text as an integral part of the composition. The medium is clay, which interacts with the two-dimensional and three-dimensional properties of space. Therefore, it is my goal to establish a union with these dimensional properties. My tablet paintings serve to catalog significant events affecting both our culture and my life, resulting in a self-portrait. These paintings create a dialogue between the emotion of language, passage of time and the properties of space. The preparation of the clay and …

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Discipleship Out Of Transition : A Study Of The New Membership Policies And Procedures Of The Free Methodist Church And Its Impact On Discipleship, Barton T. Herndon Jan 2001

Discipleship Out Of Transition : A Study Of The New Membership Policies And Procedures Of The Free Methodist Church And Its Impact On Discipleship, Barton T. Herndon

ATS Dissertations

No abstract provided.

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Impromptu Creation Of Metal Sculpture, Yu-Ting Shih Jan 2001

Impromptu Creation Of Metal Sculpture, Yu-Ting Shih

Theses

Not listed.

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What The Future Holds: Policy Choices In A Global Marketplace, Maureen A. O'Rourke Jan 2001

What The Future Holds: Policy Choices In A Global Marketplace, Maureen A. O'Rourke

Faculty Scholarship

This essay's title is a misnomer. No one knows "What the Future Holds" in the global marketplace. We can, however, make some educated guesses about the issues that will assume particular importance in the next year or so. Thus, the essay might be more accurately titled, "What May or May Not Be the Important Issues in Internet Commerce in the Next Year or So'"-less catchy, admittedly, but closer to the truth.

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Health Care, Technology And Federalism, Kevin Outterson Jan 2001

Health Care, Technology And Federalism, Kevin Outterson

Faculty Scholarship

The regulation of health care has traditionally been the province of the states, most often grounded in the police power. In Colonial times, this division of responsibility was a rational response to the technological level of the eighteenth century, although even in the youth of the Republic some health and safety regulation required national and international action. With the growth of distancecompression technology, the increase in mobility of goods and services, and a significant federal financial role in health care, the grip of the police power on the regulation of health care has been weakened. Discussion of the police power …

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Arbitration And The Fisc: Nafta's "Tax Veto", William W. Park Jan 2001

Arbitration And The Fisc: Nafta's "Tax Veto", William W. Park

Faculty Scholarship

Taxes, said Franklin Roosevelt, "are the dues that we pay for the privileges of membership in an organized society." Harsher tongues describe tax as a form of property seizure. Somewhere between these competing characterizations of revenue raising-club dues and forced takings-lies a clue to why the North American Free Trade Agreement ("NAFTA") reserves special treatment for investment disputes implicating fiscal matters. NAFTA gives foreign investors a right to settle investment disputes by arbitration, a process more politically and procedurally neutral than either host state courts or foreign gunboats. Without the option to arbitrate, the specter of unfair expropriation might chill …

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Accounting For Family Change, Katharine B. Silbaugh Jan 2001

Accounting For Family Change, Katharine B. Silbaugh

Faculty Scholarship

The legal focal point of familial obligation in the United States has long been the relationship between paired adults-most centrally marriage. Obligations to children, and rights to their company, were derivative; they were to be met through the framework of the all-important pairing of adults. Over the past several decades, that core source of legal obligation has shifted from the adult relationship between partners to the relationship between parent and child. The shift has occurred at a number of different levels, and it has had a variety of consequences, the majority of which are still shaking out. The legal catalyst …

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Emigration, Yuhay-Raymond Ng Jan 2001

Emigration, Yuhay-Raymond Ng

Theses

A descriptive narration of a project to create a 3-D computer animated film, "Emigration," about the lives of people of different social classes in a high-rise apartment building in Hong Kong right around the time of the Chinese takeover in 1997. In particular it focuses on a rich family and a poor family who both try to emigrate from Hong Kong.

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Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili Jan 2001

Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili

Scholarly Works

No abstract provided.

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