Law Commons^™

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 reviews …

Decent Work, Older Workers And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew D. Frazer, Malcolm Sargeant

Faculty of Law - Papers (Archive)

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries - Australia, the United Kingdom, and the United States - this article considers several decent work principles applicable to older workers and provides evaluations in light of …

Australia's Maritime Economic Interests, Andrew Forbes

Faculty of Law - Papers (Archive)

Over the past two decades there has been an increasing lament from Western navies that their countries suffer from ‘sea blindness’. What is meant is that there is an apparent lack of public understanding and appreciation of the importance of the oceans for national prosperity. The concern is that if the importance of the oceans is not understood, then the importance of the multifaceted roles of navies in providing protection will not be understood. Whether or not sea blindness exists, maritime economic interests represented by the oceans are important and are discussed below.

'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, after …

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 (Archive)

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

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

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

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.

Naval Modernisation And Southeast Asia's Security, Sam Bateman

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

Bateman focused on the role of national coastguards in contemporary naval security, with particular focus on Southeast Asian maritime security. He highlighted the increased complexity of naval warfare, with the relationship between maritime law enforcement and security forces becoming more legally complex. Bateman provided examples of coastguard activities in the Southeast Asian region, emphasising the active role of the Japanese coastguard in capacity-building initiatives in the area, China's use of its civil maritime security forces in the recent fishing trawler dispute, and the regional activities of the US Coastguard.

The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman

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

Human Papillomavirus (HPV) infection has been linked with cervical cancer. Some medical professionals see it as the determining causal agent and therefore promote vaccination as an effective prevention strategy. However, the biological plausibility of a causal theory requires that the incidence of the causal agent varies with the incidence and mortality of the disease. Yet the incidence and mortality of cervical cancer do not vary with the incidence of infection with HPV strains 16 and 18; the strains covered by the HPV vaccine. Though HPV infection is a necessary precursor to most cervical cancer, most high-risk HPV infections (with one …

"American Dreams - Presentation", Stephen Dupont

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

Online photojournalism students came from locations across the country to join other lovers of photography in attending a fully subscribed symposium in Bendigo organised by La Trobe University and Bendigo Art Gallery.

http://www.bendigoartgallery.com.au/Exhibitions/Past_Exhibitions/2011_Exhibition_Archive/American_Dreams

Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben M. Tsamenyi, Joytishna Jit

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

The forty-first meeting of Pacific Island Forum (PIF) in Port Vila, Vanuatu in August 2010 endorsed the new concept of 'Pacific Oceanscape' to support development, management and conservation of the Pacific Islands region. The leaders also encouraged all Pacific Islands regional organisations to implement the concept in partnership with other relevant organisations. The Pacific Oceanscape concept is a renewed effort to implement the Pacific [slands Regional Oceans Policy (PIROP). [t reflects all PIROP principles and aligns them with urgencies associated with climate change impacts on small island developing states. It also promotes regional cooperation in the establishment and management of …

Food Culture In Colonial Asia: A Taste Of Empire, Cecilia Y. Leong-Salobir

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

Presenting a social history of colonial food practices in India, Malaysia and Singapore, this book discusses the contribution that Asian domestic servants made towards the development of this cuisine between 1858 and 1963. Domestic cookbooks, household management manuals, memoirs, diaries and travelogues are used to investigate the culinary practices in the colonial household, as well as in clubs, hill stations, hotels and restaurants. Challenging accepted ideas about colonial cuisine, the book argues that a distinctive cuisine emerged as a result of negotiation and collaboration between the expatriate British and local people, and included dishes such as curries, mulligatawny, kedgeree, country …

Biopolitical Correspondences: Settler Nationalism, Thanatopolitics, And The Perils Of Hybridity, Michael R. Griffiths

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

'How does (post)colonial literary culture, so often annexed to nationalist concerns, interface with what Michel Foucalt called biopolitics? Biopolitics can be defined as the regularisation of a population according to the perceived insistence on norms. Indeed, biopolitics is crucially concerned with what is perceptible at the macroscopic level of an entire population - often rendering its operations blind to more singular, small, identitarian, or even communitarian representations and imaginaries. Unlike the diffuse, microscopic, governmental mechanisms of surveillance that identify the need for disciplinary interventions, biopolitics concerns itself with the regularisation of societies on a large scale, notably through demography. As …

The Practice And Politics Of Leaking, Kathryn Flynn

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

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.

The Slap: Whose Side Are You On?, Leigh Dale

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

Talking to people about The Slap reveals a range of responses, but one opinion is shared: author Christos Tsiolkas has “nailed it” in terms of family tensions. If people have struggled to keep watching until the final episode tonight, it’s because the arguing and the dishonesty are too close to home, rather than being implausible.

Interactive Coordination In Joint Attention, Shaun Gallagher

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

Joint attention is located at the intersection of a complex set of capacities that serve our cognitive, emotional, and action-oriented relations with others. In one regard, it involves social cognition, our ability to understand others, what they intend, and what their actions mean. Here there is a two-way relationship between joint attention and social cognition. On the one hand, certain social cognitive abilities allow us to enter into jointattentional situations with others; on the other hand, our engagements in joint-attentional situations with others allow us to better understand their intentions and their actions.

Strong Interaction And Self-Agency, Shaun Gallagher

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

The interaction theory of social cognition contends that intersubjective interaction is characterized by both immersion and irreducibility. This motivates a question about autonomy and self-agency: If I am always caught up in processes of interaction, and interaction always goes beyond me and my ultimate control, is there any room for self-agency? I outline an answer to this question that points to the importance of communicative and narrative practices.

International Trade And Development Law: A Legal Cultural Critique, Colin B. Picker

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

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture-arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in …

Review Of "Murdering Stepmothers - The Execution Of Martha Rendell" By Anna Haebich, Catherine Cole

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

Stepmothers have received a bad press over the centuries. They are the cruel replacement mothers of fairytales, women who may not have children themselves and whose relationship with their new offspring is hostile or neglectful. Stepmothers usurp another woman’s role, generally that of the idealised, biological mother who has died tragically and can never be replaced in her children’s hearts. This antithetical role plays out in folk narratives such as Hansel and Gretel, Snow White and the Seven Dwarfs and Cinderella, which offer murderous stepmothers and absent fathers who are blind or indifferent to their children’s peril.

Undead Ghosts: Spectrality And The Transgression Of Cultural Norms, Frances Devlin-Glass, Antonio Simoes Da Silva

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

When on 30 December 2010, JASAL received a 'last will and testament' from Mudrooroo from Nepal-'Portrait of the Artist as a Sick Old Villain 'Me Yes I Am He the Villain': Reflections of a Bloke From Outside'-we were both energized and relieved. Coming as it did after a long self- and other-imposed silence, it was exciting to have one of the foremost theorists of Indigenous Australian writing enter the national conversation again.

The Transcolonial Politics Of Chinese Domestic Mastery In Singapore And Darwin 1910s-1930s, Claire K. Lowrie

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

Feminist and postcolonial scholars have long argued that the home was a microcosm and a symbol of the colony. To exercise power in the home, to practice domestic mastery over colonised servants, was an expression of colonial power. At the same time, intimate contact and domestic conflicts between non-white servants and their employers had the potential to destabilise hierarchical distinctions, thereby threatening the stability of colonial rule. As Ann Laura Stoler puts it, the home was a site where "racial classifications were defined and defied" and where relations between coloniser and colonised could sustain or challenge colonial rule. The vast …

Euis Nurlaelawati, Modernization, Tradition And Identity: The Kompilasi Hukum Islam And Legal Practice In The Indonesian Religious Courts, Nadirsyah Hosen

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

Book review:

Euis Nurlaelawati, Modernization, Tradition and Identity:·the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, Amsterdam University Press, Amsterd,am, 2010, 304 pp.

The Program Era: Review By Catherine Cole, Catherine Cole

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

Book review of:

Mark McGurl The Program Era: Postwar Fiction and the Rise of Creative Writing Harvard University Press, Cambridge, MA 2009 ISBN 9780674062092 Pb 466pp AUD24.95 ISBN 9780674033191 Hb 466pp AUD64.99

Life Before Somerville, Andrew Whelan

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

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 …

The Development Of Local Government In Australia, Focusing On Nsw: From Road Builder To Planning Agency To Servant Of The State Government And Developmentalism, Andrew H. Kelly

Faculty of Law - Papers (Archive)

This paper follows the legal and functional advancement of local government in NSW, Australia by examining three historical stages. It commences with its nineteenth century vestiges, moving on to compulsory incorporation and the gradual changes to modern but diverse individual councils. Issues include financial scarcity, the traditional property-based stranglehold and the burgeoning sheer power of the State Government in the planning sector.

Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini

Faculty of Law - Papers (Archive)

The article analyses the ways in which technology and law disperse, channel and reassemble agency in ICT-enabled legal proceedings. It works from case studies of online civil claims in England and Italy, and the automatically issued speed camera fine process in Australia. Information and communication technologies affect legal procedures in three dimensions: legitimacy, efficacy and performativity. The law can legitimate ensembles of technological and performative procedures, but it cannot construct them by regulation. Technology is a distinct regulative regime that opens some channels of communication while closing others. Machines and software codes identify and admit participants and direct human activity. …

Australian Maritime Defence Council, Andrew Forbes

Faculty of Law - Papers (Archive)

Navies have had a long relationship with their respective maritime industries and the Royal Australian Navy (RAN) is no exception. Naval capability cannot be built, maintained and supported without a strong industrial sector. This is well known, but there are other aspects to the RAN relationship with the maritime industry that are less well known, and this Semaphore examines the relationship with the shipping and port associations through what is now called the Australian Maritime Defence Council (AMDC). While its discussions are not classified, they are occasionally sensitive, so what follows focuses on administrative issues before providing a general outline …

Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

The Straits of Malacca and Singapore are two of the world's most congested straits used for international shipping. There are existing hazards impeding safe navigation through the Straits. What would be the impact of a proposed bridge linking Sumatra and Malaysia?

Imf Standby Arrangement: Its Role In The Resolution Of Crises In The 1990s., Gabriel Garcia

Faculty of Law - Papers (Archive)

This paper explores the role played by Stand-By Arrangements (SBAs) in the resolution of financial crises in the 1990s. It does so by examining these arrangements through a ceremony and ritual approach.

This presentation is divided in three parts. The first one reviews the legal nature of SBA as a form of international law. The second analyses SBAs using a ceremony and ritual approach; and the last part review the case of Venezuela.

Australian Jihad: Radicalisation And Counter-Terrorism, Samuel J. Mullins

Faculty of Law - Papers (Archive)

This ARI summarises the findings from an-depth empirical study of all publicly-confirmed cases of Islamist terrorism involving Australians. The domestic situation of Australian Muslims is briefly described, followed by an overview of Islamist terrorism cases to date, including the number and location of cases and the level of threat they have presented, both domestically and internationally. The background characteristics of offenders and details of radicalisation are discussed, followed by an examination of the national counter-terrorism (CT) strategy, with a focus upon counter-radicalisation initiatives. Current CT tactics appear to be appropriate to the nature of the threat; however, it will be …

Graduate Capabilities Assessment Rubric For The Bachelor Of Laws: Problem Solving, John P. Littrich, Judith May Marychurch, Margaret C. Wallace

Faculty of Law - Papers (Archive)

Problem solving is the process of designing, evaluating and implementing a strategy to answer an open-ended question or achieve a desired goal. This Graduate Capabilities Assessment rubric, commissioned as part of the Assuring Graduate Capabilities ALTC Project, will assist course coordinators in implementing standards for problem solving skills for graduates of the Bachelor of Laws and in demonstrating evidence of their graduates achi8evement of these standards.