Law Commons^™

A Slow Reading Of Olive Senior's Hurricane Story, Anne A. Collett

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

Over the course of the 20th century, recourse to satellite and radar technology, and the use of reconnaissance aircraft, has greatly assisted the tracking of tropical cyclones. In addition, data buoys are now employed throughout the Gulf of Mexico and along the Atlantic and Pacific seaboards to relay air and water temperature, wind speed, air pressure and wave conditions that enable more accurate prediction and monitoring of storm systems. But before the people of the Caribbean had recourse to modern instrumentation and communication, surviving a regular hurricane season was founded on sensitivity to environment, accumulated knowledge passed from one generation …

Over-The-Top Policing Of Bike Helmet Laws Targets Vulnerable Riders, Julia Quilter, Russell G. Hogg

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

Cycling is often held up as a model of healthy and sustainable urban transport. So why have bike laws become more, not less, draconian? Our ongoing research shows mandatory helmet laws have become a tool of disproportionate penalties and aggressive policing.

Interactive Expertise In Solo And Joint Musical Performance, Simon Hoffding, Glenda L. Satne

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

The paper presents two empirical cases of expert musicians-a classical string quartet and a solo, free improvisation saxophonist-to analyze the explanatory power and reach of theories in the field of expertise studies and joint action. We argue that neither the positions stressing top-down capacities of prediction, planning or perspective-taking, nor those emphasizing bottom-up embodied processes of entrainment, motor-responses and emotional sharing can do justice to the empirical material. We then turn to hybrid theories in the expertise debate and interactionist accounts of cognition. Attempting to strengthen and extend them, we offer 'Arch': an overarching conception of musical interaction as an …

Designing Virtuous Sex Robots, Anco Peeters, Pim Haselager

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

We propose that virtue ethics can be used to address ethical issues central to discussions about sex robots. In particular, we argue virtue ethics is well equipped to focus on the implications of sex robots for human moral character. Our evaluation develops in four steps. First, we present virtue ethics as a suitable framework for the evaluation of human-robot relationships. Second, we show the advantages of our virtue ethical account of sex robots by comparing it to current instrumentalist approaches, showing how the former better captures the reciprocal interaction between robots and their users. Third, we examine how a virtue …

The Imitation Game: Mock Foods In The Australian Women's Weekly, 1933-82, Lauren Samuelsson

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

This article explores the rise and demise of mock food in Australian food culture by analysing recipes drawn from the pages of the Australian Women's Weekly. Mock foods were approximations and substitutions for 'the real thing' and were especially popular during the years of austerity and scarcity generated by the Great Depression and World War II. The fluctuating popularity of these foods, including mock chicken and mock cream, reveals the shifting cultural importance of various foodstuffs to the Australian diet. Their appearance also demonstrates the remarkable ability of Australian domestic cooks, especially women, to adopt, adapt and innovate, an important …

Exoticism Or Visceral Cosmopolitanism: Difference And Desire In Chinese Australian Women's Writing, Wenche Ommundsen

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

In Visceral Cosmopolitanism, Mica Nava posits a positive and, by her own admission, utopian alternative to postcolonial readings of the sexualisation of difference: a cosmopolitanism located with the antiracist 'micro-narratives and encounters of the emotional, gendered and domestic everyday' (2007: 14). Olivia Khoo, in The Chinese Exotic, defines a new, diasporic Chineseness which 'conceives of women and femininity, not as the oppressed, but as forming part of the new visibility of Asia' (2007: 12). My reading of recent fiction by Chinese Australian women writers proposes to test these theories against more established models for understanding East/West intimate encounters such as …

The Impending Demise Of The Wto Appellate Body: From Centrepiece To Historical Relic?, Markus Wagner

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

The current crisis engulfing the multilateral trading system has crystalized in the dispute over the (re-)appointment of the members of the World Trade Organization's Appellate Body. While the legislative arm of the organization has never lived up to its potential, its dispute settlement arm with the Appellate Body at its apex was seen as a lodestar for other international courts and tribunals. The United States has taken issue not only with individual decisions of the Appellate Body (as well as individual Appellate Body members), but with the institution as such. The article recounts the important institutional redesign that has led …

Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis

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

This article analyses the relationships between the colonial government in the Federated Malay States (FMS), international social movement organisations, the League of Nations and sex trafficking. While there is considerable scholarship on social movement organisations and the League of Nations, far less is known about the links between internationalism, colonialism and sex trafficking. After the First World War, trafficking became the focus of social movement organisations and the League of Nations, but colonial regulation of prostitution and tolerated brothels complicated international responses to trafficking. Colonial administrators saw prostitution as an essential service, whereas feminist and international social movement organisations saw …

The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk

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

Model United Nations (MUN) simulations are an increasingly popular approach to teaching international relations, in both secondary and tertiary education. There is some evidence, however, that these simulations disadvantage female participants. Studies by Rosenthal et al. and Coughlin found that female students participate less in simulations than their male classmates. This may limit the value of simulations, which have otherwise been recognized as an effective active learning technique. This study investigates the impact of gender, and an intervention designed to address gender disparities in participation, on a MUN simulation conducted in a second-year undergraduate course. The study confirmed previous findings …

Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo

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

While it has long been accepted that a 'confirmed criminal is as much entitled to redress as his most virtuous fellow citizen',1 the defence of illegality has the potential to entirely divest plaintiffs of private law remedies. In light of the anomalous approach to the illegality defence adopted by the High Court of Australia in Miller v Miller, this article considers whether Australia's illegality defence in the general law of torts requires reformulation. In adopting a comparative approach, the article demonstrates that although Australia's duty-based illegality defence is criticised for being unusual and indeed unjust, the discretionary-based approach implemented within …

Writing Regularly As A Thesis-Completion Strategy, Brian Martin

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

In 2008, I had been supervising Ph.D. students for 20 years when I happened on a short book by Tara Gray (2005/2015) entitled Publish & Flourish. Tis led me to change my approach considerably. In supervising, I now focus more on the process of doing research, especially writing, and less on the content. Te results have been positive.

Following The Fish Inland: Understanding Fish Distribution Networks For Rural Development And Nutrition Security, Dirk J. Steenbergen, Hampus B. Eriksson, Kimberley Hunnam, David J. Mills, Natasha Stacey

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

© 2019, International Society for Plant Pathology and Springer Nature B.V. In developing countries, small-scale fisheries are both a pivotal source of livelihood and essential for the nutritional intake of larger food insecure populations. Distribution networks that move fish from landing sites to coastal and inland consumers offer entry points to address livelihood enhancement and food security objectives of rural development initiatives. To be able to utilize fish distribution networks to address national development targets, a sound understanding of how local systems function and are organized is imperative. Here we present an in-depth examination of a domestic market chain in …

Comparing Sustainability Claims With Assurance In Organic Agriculture Standards, Francisco Ascui, Anna K. Farmery, Fred Gale

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

© 2019, © 2019 Environment Institute of Australia and New Zealand Inc. Voluntary organic standard-setting organisations (SSOs) depend upon public trust in the truth claims implied by their labels: that the product in question has been produced using organic methods. They create and maintain this trust through assurance frameworks based on third-party verification of compliance with organic standards. It is therefore potentially problematic if an SSO makes additional claims that are not capable of being supported by their assurance frameworks. We investigate the claims made about the sustainability of organic agriculture by three voluntary organic SSOs, compared with assurance provisions …

How Our Screen Stories Of The Future Went From Flying Cars To A Darker Version Of Now, Aaron L. Burton

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

While classics like Blade Runner looked to the future to ignite our technological desires, near-future fiction, such as Years and Years (2019) and Black Mirror (2011-2019), reveal how new technologies are injected into our lives with little choice as to whether we should adopt them and little thought to their long-term appropriateness and sustainability.

Xenophobia Towards Asylum Seekers: A Survey Of Social Theories, Michelle A. Peterie, David A. Neil

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

In recent decades, there has been a global rise in fear and hostility towards asylum seekers. Xenophobia - or 'fear of the stranger' - has become a pressing issue in a range of disciplines. Several causal models have been proposed to explain this fear and the hostility it produces. However, disciplinary boundaries have limited productive dialogue between these approaches. This article draws connections between four of the main theories that have been advanced in the existing literature: (1) false belief accounts, (2) xenophobia as new racism, (3) sociobiological explanations and (4) xenophobia as an effect of capitalist globalisation. While this …

Of 'Rage Of Party' And The Coming Of Civility, Gregory C. Melleuish

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

The article discusses the emergence of political parties in Great Britain during the English Civil War. According to the author the conflict brought an end to political division which was replaced by etiquettes as a standard of political behavior. Topics include the political transformation of England in the year 1690, the conflict between the Royalists and Parliamentarians, and propagating ideals of politeness, moderation, and enlightenment.

Financial Services Need To Wake Up To Fact That Treating Customers Well Is Good Business, Andrew D. Schmulow

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

South Africa's regulatory regime for the financial services sector is going through major changes. The question is whether companies can adapt to a principles-based approach. Or will they default back to rules-based compliance during the implementation of the Conduct of Financial Institutions Act? The aim of the new law is to improve financial sector conduct and ensure fairer outcomes, particularly for customers.

In The Air: Whipbird/Human/Koel, Joshua M. Lobb

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

At a time when climate panic obscures clear thought, 100 Atmospheres is an invitation to think differently. Through speculative, poetic, and provocative texts, thirteen writers and artists have come together to reflect on human relationships with other species and the planet. The process of creating 100 Atmospheres was shared, with works (written, photographic and drawn) created individually and collectively. To think differently, we need to practice differently. The book contains thirteen chapters threaded amidst one hundred co-authored micro-essays. "In the Air" asks questions about our encounters with bird life, and how reconsidering our relationships with birds might also allow us …

Exploring Diversity With A "Culture Box" In First-Year Legal Writing, Ann N. Sinsheimer

Articles

Studying law is in many ways like studying another culture. Students often feel as though they are learning a new language with unfamiliar vocabulary and different styles of communication. Throughout their legal education, students are also exposed to a profession comprised of unique traditions and expectations. As a result, learning law takes time and energy. It can be both engaging and frustrating and may even challenge some of students’ values and belief systems. To ease her students’ transition to law school, the author starts her course each year with a “culture box” exercise, which encourages students to examine who they …

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Articles

This paper examines impressive new applications of legal text analytics in automated contract review, litigation support, conceptual legal information retrieval, and legal question answering against the backdrop of some pressing technological constraints. First, artificial intelligence (Al) programs cannot read legal texts like lawyers can. Using statistical methods, Al can only extract some semantic information from legal texts. For example, it can use the extracted meanings to improve retrieval and ranking, but it cannot yet extract legal rules in logical form from statutory texts. Second, machine learning (ML) may yield answers, but it cannot explain its answers to legal questions or …

Using Ai To Analyze Patent Claim Indefiniteness, Dean Alderucci, Kevin D. Ashley

Articles

In this Article, we describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent claim satisfies the definiteness requirement. Although fully automating such a high-level cognitive task is well beyond state-of-the-art AI, we show that AI can nevertheless assist the decision maker in making this determination. Specifically, the use of custom AI technology can aid the decision maker by (1) mining patent text to rapidly bring relevant information to the decision maker attention, and (2) suggesting simple inferences that can be drawn from that information.

We begin by summarizing the …

Remembering, David Schlitz

Mighty Pen Project Anthology & Archive

A Coastie recalls the life onboard with his mates, the many rescues, the hard work of the sea, and his youth.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Going Home, Charles Williamson

Mighty Pen Project Anthology & Archive

A soldier and his squad take one of their own home during a mission in Iraq.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Shadows, Richard H. Geisel

Mighty Pen Project Anthology & Archive

A Vietnam veteran considers the consequences of investigating a death during war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

James Wilson As The Architect Of The American Presidency, Christopher S. Yoo

All Faculty Scholarship

For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …

“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin

All Faculty Scholarship

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of …

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

All Faculty Scholarship

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …

The Aesthetics Of Disability, Jasmine E. Harris

All Faculty Scholarship

The foundational faith of disability law is the proposition that we can reduce disability discrimination if we can foster interactions between disabled and nondisabled people. This central faith, which is rooted in contact theory, has encouraged integration of people with and without disabilities, with the expectation that contact will reduce preju­dicial atti­tudes and shift societal norms. However, neither the scholarship nor disa­bility law sufficiently accounts for what this Article calls the “aesthetics of disability,” the proposition that our interaction with dis­ability is medi­ated by an affective process that inclines us to like, dislike, be attracted to, or be repulsed by …