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Full-Text Articles in Law

The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas Jan 2015

The Long-Term Future Of Australian Coal Is Drying Up, Adam Robert Lucas

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

With the recent re-approval of Adani’s Carmichael coal mine in Queensland, debate over the future of coal has reached fever pitch again. Green groups have argued that Australia should account for the climate impacts of burning coal produced in the country. Meanwhile, the government has once again come out in support of coal to provide cheap power to developing nations. It can be hard to make sense of the different sides. In a paper recently published in Energy Research and Social Science, I looked at the long-term future for coal in Australia. My research suggests the current coal woes are …


The Senate Committee That Deals With Animal Welfare Is Riding Roughshod Over Dissenting Views, Elizabeth J. Ellis Jan 2015

The Senate Committee That Deals With Animal Welfare Is Riding Roughshod Over Dissenting Views, Elizabeth J. Ellis

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

A Senate committee last week effectively killed off a proposal to create an independent animal welfare authority for Australia. Without the committee’s support, the Voice for Animals Bill introduced by the Greens has no hope of being enacted. But the Senate inquiry that preceded the report gave a valuable insight into how animal welfare issues are viewed within our political and wider culture. The inquiry was conducted by the Rural and Regional Affairs and Transport Legislation Committee. Senators who have had direct involvement in livestock industries and/or represent states that are closely aligned with rural agricultural interests played a dominant …


A Climate-Informed, Ecosystem Approach To Fisheries Management, Adel Heenan, Robert S. Pomeroy, Johann D. Bell, Philip L. Munday, William Cheung, Cheryl Logan, Russell E. Brainard, Affendi Yang Amri, Porfirio Alino, Nygiel Armada, Laura David, Rebecca Rivera-Guieb, Stuart Green, Jamaluddin Jompa, Teresa Leonardo, Samuel Mamauag, Britt Parker, Janna Shackeroff, Zulfigar Yasin Jan 2015

A Climate-Informed, Ecosystem Approach To Fisheries Management, Adel Heenan, Robert S. Pomeroy, Johann D. Bell, Philip L. Munday, William Cheung, Cheryl Logan, Russell E. Brainard, Affendi Yang Amri, Porfirio Alino, Nygiel Armada, Laura David, Rebecca Rivera-Guieb, Stuart Green, Jamaluddin Jompa, Teresa Leonardo, Samuel Mamauag, Britt Parker, Janna Shackeroff, Zulfigar Yasin

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

This paper outlines the benefits of using the framework for an ecosystem approach to fisheries management (EAFM) for dealing with the inevitable yet unclear impacts of climate change and ocean acidification on coastal fisheries. With a focus on the Asia-Pacific region, it summarizes the projected biological and socio-economic effects of increased emissions of carbon dioxide (CO2) for coastal fisheries and illustrates how all the important dimensions of climate change and ocean acidification can be integrated into the steps involved in the EAFM planning process. The activities required to harness the full potential of an EAFM as an adaptation to climate …


A World Of Things, Jo Law, Redmond Bridgeman Jan 2015

A World Of Things, Jo Law, Redmond Bridgeman

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

A World of Things is an experimental image-based collaborative installation composed of three image collections. Each collection approaches a set of objects via the photographic image. This wunderkammer makes references to natural history and scientific research, maquette theatre, and pre-cinema optical devices. The cyanotype series and photographic prints form ecologies between objects and draw attention to palpability of photochemical processes, things, and their ghostly image. While a set of ten miniature dioramas invite viewers to examine ‘a world of things’ on a number of spatial scales. The collections immerse viewers into the different physical, astronomical, and biological phenomenon, suggested by …


A National (Diasporic?) Living Treasure: Thomas Keneally, Paul Sharrad Jan 2015

A National (Diasporic?) Living Treasure: Thomas Keneally, Paul Sharrad

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

Although Thomas Keneally is firmly located as a national figure, his international literary career and his novels’ inspection of colonial exile, Aboriginal alienation, and movements of people throughout history reflect aspects of diasporic experience, while pushing the term itself into wider meaning of the transnational.


How Activists Can Challenge Double Standards, Brian Martin Jan 2015

How Activists Can Challenge Double Standards, Brian Martin

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

Activists often encounter double standards: powerful groups make a huge outcry about a problem, meanwhile ignoring their own greater role in exactly the same problem. For example, governments with major nuclear arsenals raise the alarm about the possibility that others might acquire nuclear weapons. Powerful groups use a variety of tactics to reduce awareness and concern about their own actions while raising the alarm about others; activists can try to counter these tactics. As a general rule, it is better for campaigners to choose methods that highlight and accentuate double standards and make it more difficult for opponents to adopt …


Rape Trials, Medical Texts And The Threat Of Female Speech, Julia Quilter Jan 2015

Rape Trials, Medical Texts And The Threat Of Female Speech, Julia Quilter

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

Despite more than three decades of law reform, debate and scholarship designed to improve the legal response to rape, reporting rates remain low, attrition rates high, conviction rates low and conviction appeals in sexual assault matters have one of the highest rates of success (Kelly, Lovett & Regan 2005; Fitzgerald 2006; Daly and Bourhous 2010; Brown et al 2015). Furthermore, dissatisfaction with the criminal justice system remains a key issue for victims of sexual assault (Clark 2010; Daly 2011). This dilemma led Penny Pether to state: But all the speech and the writing, the scholarship and the legislation and the …


Mabuhay, Papa Francis! The Papal Visit To The Philippines, Peter M. Sales Jan 2015

Mabuhay, Papa Francis! The Papal Visit To The Philippines, Peter M. Sales

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

The dogs bark, but the caravan moves on. Pope Francis has paid a spectacular visit to the Philippines. The welcome extended to him was amazing - at least six million people attended an open-air mass in Metro Manila after large crowds greeted him inTacloban, the typhoon-ravaged city which was virtually destroyed at the end of 2013.


Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare Jan 2015

Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare

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

This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Inshore marine resources play an important role in the livelihoods of Pacific Island coastal communities. However, such reliance can be detrimental to inshore marine ecosystems. Understanding the livelihoods of coastal communities is important for devising relevant and effective fisheries management strategies. Semi-structured household interviews were conducted with householders in Langalanga Lagoon, Solomon Islands, to understand household livelihoods and resource governance in fishing-dependent communities. Households were engaged …


Decoding Double Desire: A Conversation With Ian Mclean, Marina Tyquiengco Jan 2015

Decoding Double Desire: A Conversation With Ian Mclean, Marina Tyquiengco

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

No abstract provided.


El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin Jan 2015

El Contestador Australiano And The Transnational Flows Of Australian Writing In Spanish, Michael R. Jacklin

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

'El contestador australiano y otros cuentos' [The Australian answering machine and other stories] is the title of a collection of short stories written in Spanish by Uruguayan-born Ruben Fernández. It was published in 2008 in Montevideo by the well-regarded publishing house Del Sur Ediciones. In 2009 Fernández was interviewed by the Uruguayan newspaper 'El País' and spoke about how his stories relate to his experience of thirty years as a migrant living in Australia. Many of the stories in this collection first appeared in Australia in the 1980s and early 1990s, a number of them as prize-winning entries in literary …


New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland Jan 2015

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

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

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …


Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall Jan 2015

Early Chinese Newspapers: Trove Presents A New Perspective On Australian History, Kate Bagnall

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

Most Australian historians will tell you that there was a ‘before Trove’ and an ‘after Trove’. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.


The Awesomeness Of Space, Shaun Gallagher Jan 2015

The Awesomeness Of Space, Shaun Gallagher

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

No abstract provided.


Resistiendo Al Mobbing: La Opcion Asertiva, Brian Martin, Florencia Pena Saint Martin Jan 2015

Resistiendo Al Mobbing: La Opcion Asertiva, Brian Martin, Florencia Pena Saint Martin

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

No abstract provided.


Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp Jan 2015

Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp

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

In most of the common-law world, legislation provides for damages to be apportioned where the claimant is guilty of contributory negligence. This legislation gives judges considerable latitude to determine the extent to which damages should be diminished for contributory negligence. It imposes what will be called a system of 'discretionary appor- tionment'. This paper draws attention to the fact that, although most common-law juris- dictions are, by virtue of their apportionment legislation, in the thrall of the paradigm of discretionary apportionment, there are many, varied departures from this paradigm. This paper classifies these departures (which will be called 'fixed apportionment …


Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton Jan 2015

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4).


Community Gardens And Farmers' Markets: Exploring Representations Of Food Culture In The Illawarra, Paula Arvela Jan 2015

Community Gardens And Farmers' Markets: Exploring Representations Of Food Culture In The Illawarra, Paula Arvela

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

Over recent years, farmers' markets and community gardens have increasingly become a feature of the urban landscape and a popular representation of food culture. In endorsing the increasingly popular paddock-to-plate ethos, they purportedly promote sustainable food systems thus contributing to the reduction of food miles, increase of food security and building of strong communities. For these reasons, farmers' markets and community gardens have become significant mechanisms for the expansion of local food systems, regional socio-cultural development, and local economic revitalisation. The Illawarra, in regional NSW, has embraced them wholeheartedly. Since the 1980s the region has experienced a transition to a …


Barren Grounds, Madeleine T. Kelly Jan 2015

Barren Grounds, Madeleine T. Kelly

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

No abstract provided.


Financial Sector Regulation Bill In South Africa, Second Draft: Lessons From Australia, Andrew J. Godwin, Andrew D. Schmulow Jan 2015

Financial Sector Regulation Bill In South Africa, Second Draft: Lessons From Australia, Andrew J. Godwin, Andrew D. Schmulow

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

The proposed reforms to financial regulation in South Africa, as embodied in the Financial Sector Regulation Bill, (second draft, 10 December 2014) ('the FSR Bill'), available at http://www.treasury.gov.za/public%20comments/FSR2014/2014%2012%2011%20FSRB%20including%20Consequential%20Amendments%20and%2OMemo%20ofo200bjects.pdf), represent the most important reforms to South Africa's financial regulatory architecture since the 1987 De Kock Commission. The degree to which these reforms succeed will determine the extent to which South Africa can maintain financial stability, and manage the effects of a future financial crisis.


Snapshots Of The Past, Ian C. Willis Jan 2015

Snapshots Of The Past, Ian C. Willis

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

When photography was still in its infancy it was used as a tool to capture moments that would become a chronology of the past for future gen- erations. Here is a snapshot of special moments from the Perkins family album of Cawdor. Harold E. Perkins was a smallholder dairy farmer at Cawdor living on the family farm of Verdundale. One of his pastimes was photography.


Clocks And Clouds Live Performance Ears Have Ears: Unexplored Territories In Sound, Kraig Grady, Terumi Narushima Jan 2015

Clocks And Clouds Live Performance Ears Have Ears: Unexplored Territories In Sound, Kraig Grady, Terumi Narushima

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

No abstract provided.


Me Haka I Te Haka A Tānerore?: Māori 'Post-War' Culture And The Place Of Haka In Commemoration At Gallipoli, Hemopereki Simon Jan 2015

Me Haka I Te Haka A Tānerore?: Māori 'Post-War' Culture And The Place Of Haka In Commemoration At Gallipoli, Hemopereki Simon

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

This article is an extensive discussion from a Maori perspective into issues around the use of Maori cultural terms, in particular haka, to commemorate the fallen in WWI. Embedded in the article are key theories of cultural memory, 'war culture' and 'post-war culture'. The research outlines the differences between European and Indigenous war and post war cultural practices focusing on Maori. It seeks to understand the reluctance of Turkish officials to see haka being performed when it was apparently banned from ceremonies in 2005. It outlines the media reporting on the issue and the subsequent reintroduction of haka in August …