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Full-Text Articles in Law

Explainer: What Are The Legal Implications Of The South China Sea Ruling?, Clive H. Schofield Jan 2016

Explainer: What Are The Legal Implications Of The South China Sea Ruling?, Clive H. Schofield

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

The ruling in the case brought by the Philippines against China's activities in the South China Sea is significant - not just because it involves China, but because it tackles key ambiguities and uncertainties in the United Nations Convention on the Law of the Sea (UNCLOS).


Neoliberalism, Massification And Teaching Transformative Politics And International Relations, Susan N. Engel, Dan Halvorson Jan 2016

Neoliberalism, Massification And Teaching Transformative Politics And International Relations, Susan N. Engel, Dan Halvorson

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

'Massification' describes the significant increase in the proportion of the global population seeking tertiary qualifications. It is a defining feature of the global international education sphere and is often seen as linked to negative outcomes such as declining academic standards and increasing managerialism in universities. Massification, however, is not wholly or even mostly a negative for the generations of new students who now have access to tertiary education. Education can still be a transformative experience for students exposed to a rich learning environment. The question this symposium raises is how the disciplines of politics and international relations can ensure they …


Agnosis In The University Workplace, Andrew M. Whelan Jan 2016

Agnosis In The University Workplace, Andrew M. Whelan

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

One significant, tangible and interesting challenge for the privatised university is its impedance of particular forms of effective engagement and action in teaching and research, notably with respect to inequities in the broader social context, and the position of the university within that context. In the face of significant resource constraints (themselves the outcome of complex political and economic dynamics) intersecting organisational imperatives toward competition, administrative accountability, unilateral managerial style and 'best foot forward' promotional culture combine to produce a particular lack in socio-political epistemology, referred to here as bad faith 'not-knowing', or ignorance. A central paradox is that, although …


The Classical Canon And/As Transformative Work, Ika Willis Jan 2016

The Classical Canon And/As Transformative Work, Ika Willis

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

When Transformative Works and Cultures launched in 2008, with its focus on "transformative works, broadly conceived," my first thought, as a Classical reception scholar— that is, someone who studies transformative adaptations and rewritings of ancient Greek and Roman literary texts in the post-Classical period—was that this journal would be an ideal venue for exploring and expanding notions of transformative work by analyzing practices of transformation comparatively, across different cultural, historical, and material contexts. Eight years later, I am delighted to be editing this special issue on the relationships between Classical literature (and its afterlives) and contemporary fan work.


Ocean Diplomacy: The Pacific Island Countries' Campaign To The Un For An Ocean Sustainable Development Goal, Genevieve Quirk, Quentin A. Hanich Jan 2016

Ocean Diplomacy: The Pacific Island Countries' Campaign To The Un For An Ocean Sustainable Development Goal, Genevieve Quirk, Quentin A. Hanich

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

In this article we examine how Pacific Island Countries (pics) successfully championed a stand-alone Ocean Sustainable Development Goal (sdg) goal at the United Nations (un). We analyse how the un Post-2015 development process provided pics with a unique opportunity to use their experience with collective diplomacy and regional oceans governance to propose this international goal. In this article we establish how pics' national and regional quest to strengthen their sovereign rights over marine resources motivated their diplomatic efforts for an Ocean sdg. The campaign was a significant political achievement, positioning these Large Ocean Island States (lois) as global ocean guardians. …


Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew Jan 2016

Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew

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

The peoples of the Pacific region live across a vast swathe of the world's largest ocean, mostly on isolated islands and atolls. The region includes countries that are highly vulnerable to the effects of climate change and natural disasters.


Chinese Transnational Cinema And The Collaborative Tilt Toward South Korea, Brian Yecies Jan 2016

Chinese Transnational Cinema And The Collaborative Tilt Toward South Korea, Brian Yecies

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

To shed light on the important and growing trend in international filmmaking, this chapter investigates the increasing levels of co-operation in co-productions and post-production work between China and Korea since the mid-2000s, following a surge in personnel exchange and technological transfer. It explains how a range of international relationships and industry connections is contributing to a new ecology of expertise, which in turn is boosting the expansion of China’s domestic market and synergistically transforming the shape and style of Chinese cinema.


Changes To Radio National Are Gutting A Cultural Treasure Trove, Siobhan Mchugh Jan 2016

Changes To Radio National Are Gutting A Cultural Treasure Trove, Siobhan Mchugh

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

"RN is the home of big thinking, big ideas, and the national conversation," the statement from ABC management said. It seems odd that, in pursuit of that notion, RN intends to halve the output of its documentary program, Earshot; cease almost all music broadcasting; abort its flagship sound art show, Soundproof, and a short-form storytelling show, PocketDocs; and dispense with the services of respected religious broadcaster John Cleary as well as seven music and features producers.


Mikelangelo And The Black Sea Gentlemen, Guy Freer, Michael Simic, Phillip Moriarty, Samuel Martin Jan 2016

Mikelangelo And The Black Sea Gentlemen, Guy Freer, Michael Simic, Phillip Moriarty, Samuel Martin

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

Two performances at Harcourts Hawkes Bay Arts Festival, NZ


Defences In Unjust Enrichment: Questions And Themes, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith Jan 2016

Defences In Unjust Enrichment: Questions And Themes, Andrew Dyson, James Goudkamp, Fred Wilmot-Smith

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

This book is the second in a series of four that is concerned with defences to liability arising in private law. We felt, and still feel, that the topic has not received the attention that it deserves. 1 We are not alone in holding this view. 2 By contrast, defences have dominated the research agendas of many scholars of the criminal law.3 The asymmetry in attention to defences in these different fields is striking in part because of the apparent parallels between the two domains. For instance, the distinction in private law between causes of action and defences arguably mirrors …


Not Just A Passing Fad: Insights From The Use Of Artisanal Fish Aggregating Devices For Food Security In Kiribati, Brooke M. Campbell, Quentin A. Hanich, Aurelie Delisle Jan 2016

Not Just A Passing Fad: Insights From The Use Of Artisanal Fish Aggregating Devices For Food Security In Kiribati, Brooke M. Campbell, Quentin A. Hanich, Aurelie Delisle

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

Fish are the most important renewable resource in Pacific Island Countries and Territories (PICTs) for food protein, livelihoods, and economic growth (Bell et al., 2009 and Gillett and Cartwright, 2010). Considering food protein benefits alone, subsistence and small-scale commercial (i.e., artisanal) catches of fish account for over half of the total animal protein consumed annually in most PICTs (Bell et al., 2009; Gillett, 2009). The sustainable use and development of coastal Pacific fisheries resources plays an accordingly key role in strategic policy developments around the region (see e.g., Vava'u Declaration, 2007; Apia Policy 2008; Cairns Compact, 2009 and FSPWG., 2010). …


Financial Fraud In The Private Health Insurance Sector In Australia: Perspectives From The Industry, Kathryn Flynn Jan 2016

Financial Fraud In The Private Health Insurance Sector In Australia: Perspectives From The Industry, Kathryn Flynn

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

Purpose - While financial fraud against the private health insurance sector in Australia has commonalities to other countries with similar health systems, in Australia fraud against the industry has garnered unique characteristics. The purpose of this article is to shed light on these features, especially the fraught relationship between the private health funds and the public health insurance agency, Medicare and the problematic impact of the Privacy Act on fraud detection and financial recovery. Design/methodology/approach – A qualitative methodological approach was used and interviews were conducted with fraud managers from Australia’s largest private health insurance funds and experts in fields …


The Acquisition Of Spanish Pronunciation By Welsh Learners: Transfer From A Regional Variety Of English Into Spanish, Alfredo Herrero De Haro Jan 2016

The Acquisition Of Spanish Pronunciation By Welsh Learners: Transfer From A Regional Variety Of English Into Spanish, Alfredo Herrero De Haro

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

Language teachers agree that the phonetic/phonological distance between a learner’s L1 and L2 is of vital importance in mastering the sounds of the L2; however, no attention is given to the phonetic/phonological distance between the regional variety of the speaker’s L1 and the L2. After comparing linguistic peculiarities of English, and of Welsh English in particular, with Castilian Spanish, the author proceeds to study the interlanguage of advanced students of Spanish from Wales. This helps to explain positive and negative transfer from this variety of English into Spanish and assists in producing a catalogue of the interferences to be corrected. …


Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell Jan 2016

Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell

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

We wrote Class Structure in Australian History in a period of heightened social struggle. It grew out of collaborative research projects at Sydney's Free U in the late 1960s. The book was distinctive in both emphasising the socialist tradition of class analysis and trying to find new paths for it. Its first edition was ignored by mass media, and often mis-interpreted in professional journals. Nevertheless it circulated widely and has continued to be a point of reference for progressive scholarship. Its method tried to carry forward the Free U project of democratic knowledge making, linking documents with analysis and inviting …


Why Was Tony Abbott So Unpopular?, Gregory C. Melleuish Jan 2016

Why Was Tony Abbott So Unpopular?, Gregory C. Melleuish

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

Malcolm Turnbull has enjoyed some excellent polls since becoming prime minister. The man he replaced, Tony Abbott, remained consistently at low levels. So why has Turnbull proven to be so popular?


Evidencing The Harms Of Hate Speech, Katharine Gelber, Luke J. Mcnamara Jan 2016

Evidencing The Harms Of Hate Speech, Katharine Gelber, Luke J. Mcnamara

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

The ways in which targeted communities experience hate speech is an important, but often neglected, component of the debate over the legitimacy of hate speech laws. This article reports on data drawn from interviews conducted with 101 members of Indigenous and minority ethnic communities in Australia regarding their experiences of hate speech. We give voice to targets’ experiences of face-to-face and more widely broadcast hate speech, and outline the constitutive and consequential harms they claim to have suffered. We assess these against the alleged harms of hate speech in the literature, finding a close correlation between targets’ reports and the …


An Australian Head Of State Wont Save Us From Being A De Facto Monarchy, Gregory C. Melleuish Jan 2016

An Australian Head Of State Wont Save Us From Being A De Facto Monarchy, Gregory C. Melleuish

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

It happens this time of year with a certain monotony. There are calls for Australia to become a republic and to cast off the bonds that tie it to a supposedly outmoded past.


Explainer: What Is The Placebo Effect And Are Doctors Allowed To Prescribe Them?, David A. Neil Jan 2016

Explainer: What Is The Placebo Effect And Are Doctors Allowed To Prescribe Them?, David A. Neil

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

Suppose you discovered that some past prescription a GP gave you was actually a placebo. The treatment made you feel better, but now you know that the perceived benefit was really a placebo effect. Would you be upset at the deception, or pleased the doctor had found a way to help you?


The Role Of Hegemonic Masculinity And Hollywood In The New Korea, Richard Howson, Brian Yecies Jan 2016

The Role Of Hegemonic Masculinity And Hollywood In The New Korea, Richard Howson, Brian Yecies

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

We argue that during the 1940s Hollywood films had an important role to play in the creation of a postwar South Korean society based on the new global U.S. hegemony. The connections between political and economic change in South Korea and sociocultural factors have hitherto scarcely been explored and, in this context, we argue that one of the key socio-cultural mechanisms that supported and even drove social change in the immediate post-war period was the Korean film industry and its representation of masculinity. The groundbreaking work of Antonio Gramsci on hegemony is drawn on in particular, his understanding of the …


"Bush Law 101": Realising Place And Conscious Pedagogy In The Law Curriculum, Amanda Kennedy, Trish Mundy, Jennifer Nielsen Jan 2016

"Bush Law 101": Realising Place And Conscious Pedagogy In The Law Curriculum, Amanda Kennedy, Trish Mundy, Jennifer Nielsen

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

In 2012, a team of academics from six universities worked on an OLT-funded project, ‘Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia’. The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional Australia. The main outcome of the project was an open education resource designed to sensitise students to the realities of the rural and regional legal practice context in the form of a customisable curriculum package that can be embedded as components within existing units of study, or developed as …


Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill Jan 2016

Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill

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

In recent years, in various places and on our blog ‘Radical Sydney/Radical History’ we have written about radical history. As radical historians we seek out, explore, and celebrate the diversities of alternatives and oppositions, arguing there is a basic tension between radical history and ‘mainstream history’, a history that is constituted to prop up both capitalism and the state. We see our history as part of the struggle against capitalism and the state. In researching the past, we do not do it nostalgically, but with utilitarian, political intent, recognising that the past has the capacity to variously inspire and inform …


Four Mid Front Vowels In Western Almeria: The Effect Of /S/, /R/, And /Θ/ Deletion In Eastern Andalusian Spanish, Alfredo Herrero De Haro Jan 2016

Four Mid Front Vowels In Western Almeria: The Effect Of /S/, /R/, And /Θ/ Deletion In Eastern Andalusian Spanish, Alfredo Herrero De Haro

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

Eastern Andalusian Spanish neutralises consonants in coda, although despite the neutralisation of most coda consonants, phonemic value has only been given to vowels preceding deleted /s/. The present paper expands on this traditional view and shows a more complex reality. This study will analyse differences between word-final /e/ and /e/ preceding deleted word-final /s/, /r/, and /θ/ in Western Almería (Eastern Andalusia) to determine if the deletion of each of these consonants causes consistent changes of quality to /e/, creating a system of four mid front vowels. A perception analysis will then determine if Western Almería speakers can distinguish between …


New Laws For The High Seas: Four Key Issues The Un Talks Need To Tackle, Harriet Harden-Davies, Genevieve Quirk, Robin M. Warner Jan 2016

New Laws For The High Seas: Four Key Issues The Un Talks Need To Tackle, Harriet Harden-Davies, Genevieve Quirk, Robin M. Warner

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

United Nations negotiations begin today in New York on the elements of an international agreement to govern the conservation and sustainable use of the high seas.


Three Tax Alternatives To Restore Sovereignty To Australias States, Gregory C. Melleuish Jan 2016

Three Tax Alternatives To Restore Sovereignty To Australias States, Gregory C. Melleuish

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

No abstract provided.


Anti-Semitic Anti-Zionism On Campus How Should Universities Respond?, Gregory L. Rose Jan 2016

Anti-Semitic Anti-Zionism On Campus How Should Universities Respond?, Gregory L. Rose

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

There was a significant development in the global fight against anti-Semitism last week when the University of California’s Board of Regents unanimously adopted a new statement of Principles Against Intolerance.


'Such Slow Murder': Feminism, Moral Panic And Homicidal Women, Katherine Biber, Arlie Loughnan, Julia Quilter Jan 2016

'Such Slow Murder': Feminism, Moral Panic And Homicidal Women, Katherine Biber, Arlie Loughnan, Julia Quilter

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

Maternal infanticide is an issue of perennial interest to sociohistorical scholars, criminologists and feminist researchers. In this wide-ranging book, Annie Cossins argues that infanticide is a uniquely ‘feminine’ form of criminality insofar as it draws social and legal attention to women’s bodies.


Greater Police Powers And Penalties Threaten Civil Liberties In Nsw For Public Safety, Luke Mcnamara, Julia Quilter Jan 2016

Greater Police Powers And Penalties Threaten Civil Liberties In Nsw For Public Safety, Luke Mcnamara, Julia Quilter

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

The New South Wales government recently introduced two new laws that impose serious constraints on how we use public spaces. They represent just the latest round of expanded police powers and higher criminal penalties justified in the name of “public safety”. The government’s solution is to let police decide who has the right to protest.


Buskers Enrich Our Streets And Laws Dont Have To Hinder They Can Help, Luke Mcnamara, Julia Quilter Jan 2016

Buskers Enrich Our Streets And Laws Dont Have To Hinder They Can Help, Luke Mcnamara, Julia Quilter

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

Street performers have been part of cityscapes for centuries, yet buskers have often had an ambiguous relationship with the law. At various times they have been policed as “beggars in disguise,” or treated as an urban nuisance.


Review Of The Effectiveness Of The 1.30am Lock Outs, 3am Cessation Of Liquor Sales, 10pm Take-Away Liquor Laws And The Annual Liquor Licence Fee Program, Julia Quilter, Luke J. Mcnamara Jan 2016

Review Of The Effectiveness Of The 1.30am Lock Outs, 3am Cessation Of Liquor Sales, 10pm Take-Away Liquor Laws And The Annual Liquor Licence Fee Program, Julia Quilter, Luke J. Mcnamara

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

No abstract provided.


Submission To Senate Has Asked The Legal And Constitutional Affairs References Committee 'Inquiry Into The Need For A Nationally-Consistent Approach To Alcohol-Fuelled Violence', Julia Quilter, Luke Mcnamara Jan 2016

Submission To Senate Has Asked The Legal And Constitutional Affairs References Committee 'Inquiry Into The Need For A Nationally-Consistent Approach To Alcohol-Fuelled Violence', Julia Quilter, Luke Mcnamara

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

No abstract provided.