Digital Commons Network^™

When Is Fiction Just Fiction? Applying Heightened Threshold Tests To Defamation In Fiction, Mark Arnot

Fordham Law Review

Whenever a work of fiction can be reasonably read as stating actual facts about a real person, courts allow juries to decide whether the work actually conveys a defamatory meaning. As a result, current defamation law essentially forces fiction authors to write about unidentifiable people or unbelievable events. This Note examines the jurisprudence surrounding defamation in fiction and, for comparison, defamation by implication. After surveying policy arguments, the Note concludes that current defamation law is inconsistent, inefficient, and burdensome as applied to fiction. Finally, the Note suggests that courts apply a heightened threshold test to defamation in fiction claims, similar …

Pagbukadkad Ng Bulaklak = Blooming Of The Flower : An Ethnographic Study Of A Friendship Group Of Same-Sex Attracted Middle-Class Young Men From Metro Manila In The Philippines, Ronald Macdonald

Theses: Doctorates and Masters

In this dissertation I examine “gay” life in the Philippines by focusing on a longstanding friendship group of same-sex attracted middle-class young men living in Metro Manila who identify as bakla/gay/homosexual. I explain how dynamics of gender and sexuality including identity expression are conceptualised, articulated and negotiated through the interphase of Philippine culture, social class, economic status and the cultural appropriation and adaptation of elements of Western gay discourse and lifestyle. Ethnography was selected as the most appropriate qualitative research method because of its theoretical and philosophical “fit” with the methodological assumptions that underpin this study. A key feature in …

Changes In A Chinese Interior Design Firm Due To The Development And Use Of A Blog-Based Reflective Practitioner Knowledge Management System Inspired By Chinese Philosophy: An Autoethnographic Case Study, Chun Kwan Law

Theses: Doctorates and Masters

Dao (Way)

The Way that can be experienced is not true;

The world that can be constructed is not true.

The Way manifests all that happens and may happen;

The world represents all that exists and may exist.

To experience without intention is to sense the world:

To experience with intention is to anticipate the world.

These two experiences are indistinguishable;

Their construction differs but their effect is the same.

Beyond the gate of experience flows the Way'.

Which is ever greater and more subtle than/he world.

Lao-Tzu, TaoDeChing, tr. Peter A. Merel

This thesis is a reflective practitioner autoethnographic …

From Cannibal To Consumer: The Shifting Poetic Metaphor Of The Vampire, Emma Margetts

Theses: Doctorates and Masters

The Vampire is a parasitic demon who has ·haunted humanity for thousands of years. Feeding off the living, this bloodsucking, animated corpse could generally be said to embody human fears surrounding death and sexuality. Appearing in a variety of mythologies around the world, the vampire has been connected with excessive and/or repressed desire, the subconscious and dark side of human nature. The vampire and associated metaphors' reflect social boundaries and express forbidden desires, in particular, when the figure appeared in late-Gothic literature of the 18th-century novel. The transitions occurring within the vampire's iconography over the last 200 years of Western …

A Comparative Study Of National Government Elite Sport Systems In Australia And Taiwan: A Model For Olympic Success, Hui-Yuan M. Tang

Theses: Doctorates and Masters

This study was prompted by the stagnation facing the Taiwanese Government in promoting elite sport and pursuing sporting achievement at the Olympic Games. The main purpose of the study was to explore and compare the national government elite sports systems (NGESS) of Australia and Taiwan and make recommendations for Taiwan to improve its elite sports development and performances at future Olympics. To accomplish this purpose, the present study examined the similarities and differences between Australia and Taiwan in terms of stakeholders' viewpoints on the definition of Olympic success; the profiles of the current national government elite sport agencies; the mechanisms …

Industry Value At Risk In Australia, Robert Powell

Theses: Doctorates and Masters

Value at Risk (VaR) models have gained increasing momentum in recent years. Market VaR is an important issue for banks since its adoption as a primary risk metric in the Basel Accords and the requirement that it is calculated on a daily basis. Credit risk modelling has become increasingly important to banks since the advent of Basel 11 which allows banks with sophisticated modelling techniques to use internal models for the purpose of calculating capital requirements. A high level of credit risk is often the key reason behind banks failing or experiencing severe difficulty. Conditional Value at Risk (CVaR) measures …

Sensemaking And The Management Of Older Volunteers, Megan Paull

Theses: Doctorates and Masters

This study explores the experiences of older volunteers and their managers in particular when a change in the perfonnance of the volunteer is noticed by the manager. The impetus for this study was an expressed concern of the managers of volunteers which classified the management of 'older volunteers" as being somehow different from their younger counterparts. Conducted within an interpretivist framework this study employed a two-phase methodology comprising a context setting descriptive quantitative study followed by an in-depth qualitative grounded theory approach. The importance of the in-depth examination revealed the importance of context to the management process.

Cultural Acclimatisation: Foreign Students Studying In A Private Educational Institution In Singapore, Chor Khoon Chey

Theses: Doctorates and Masters

This Portfolio aims to examine the problems of acclimatisation and coping strategies of such foreign students. A sample of tweleve students was chosen from Chinese students studying at one private educational institution in Singapore. Drawing on the findings of Furnham (1997) and Murphy-Lejenne (2002), among others, the present study looks at the reasons why the participants decided to travel overseas, why they chose Singapore as their destination, what problems they encountered while here, and how they coped with the problems. They were also asked what specific problems they encountered with the schools they enrolled in. It is the contention of …

The Introduction Of Recurrent Funding To Non-Government Schools In Western Australia : National Statesmanship Or Provincial Pragmatism?, Heather De Leuil

Theses: Doctorates and Masters

State aid to private schools has been a controversial issue in Australia since the beginning of European settlement. This was true in all colonies' and remains a national issue in the twenty-first century. At various times colonial governments chose to provide to private schools, principally those operated by the Catholic and major churches. However as the colonies grew and statehood loomed, the of the day sought to withdraw their aid from private schools and their funding on the growing non-denominational, public school systems.