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Full-Text Articles in Law

Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes Jan 2016

Sensitive Space: Malmgren's Inner Attitudes, Janys Hayes

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

Every year thousands of young people across Australia audition to join actor-training institutions.1 In major cities, as well as the existing university-based performing arts degrees, independent institutions have proliferated, teaching acting via full-time, part-time and short courses.2 Yet the Bureau of Statistics reveals that the number of Australians claiming to earn a living from the performing arts is low.3 Whilst parents often caution their teenage school leavers against University courses in the performing arts, the numbers applying have not dropped in response to the reality of the career outcomes, as would be expected. This paper suggests a phenomenological approach to …


Employment Of Graduates Of Japanese Language, Rowena G. Ward Jan 2016

Employment Of Graduates Of Japanese Language, Rowena G. Ward

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

An underlying assumption behind the former Australian Federal Labor Government's 2012 Asian Century White Paper was that language skills were not only important for Australia's future engagement with its regional neighbours but would also lead to employment opportunities. Yet, little research has been undertaken into the employment of graduates with majors in languages, irrespective of the language. This paper discusses the results of an online survey on the use of their Japanese language in employment by graduates who undertook a major or a minor in Japanese language between 2008 and 2012. The results discussed here focus on the questions which …


Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima Jan 2016

Clocks And Clouds Live Performance Pretty Gritty #14: Overtonal Undertow, Kraig Grady, Terumi Narushima

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

No abstract provided.


3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady Jan 2016

3d Modelling And Printing Of Microtonal Flutes, Matthew Dabin, Terumi Narushima, Stephen T. Beirne, Christian H. Ritz, Kraig Grady

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

This project explores the potential for 3D modelling and printing to create customised flutes that can play music in a variety of microtonal scales. One of the challenges in the field of microtonality is that conventional musical instruments are inadequate for realising the abundance of theoretical tunings that musicians wish to investigate. This paper focuses on the development of two types of flutes, the recorder and transverse flute, with interchangeable mouthpieces. These flutes are designed to play subharmonic microtonal scales. The discussion provides an overview of the design and implementation process, including calculation methods for acoustic modelling and 3D printing …


Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow Jan 2016

Twin Peaks: An Analysis Of The Australian Architecture, Andrew D. Schmulow

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

This article provides an analysis of the Australian 'Twin Peaks' model of financial system regulation. It does so by examining the theoretical underpinnings of Twin Peaks, and investigates the crucial question of the jurisdictional location of the prudential regulator. This includes a description of how Twin Peaks functions and its strengths and weaknesses. The article argues that while Twin Peaks is the best solution to the problem of regulating for financial system stability and consumer protection, it is nonetheless imperfect to the task, and susceptible to failures.


Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy Jan 2016

Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy

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

Since the fi rst wave of law-and-economics scholarship in the United States in the early 1970s, scholars have spent a tremendous amount of time trying to come to grips with tort law from a theoretical perspective. Richard Posner was on the crest of that wave, and his voluminous writings 1 revolutionised how tort law is understood. He contended that tort law (as well as the law generally) is best explained on the ground that it maximises societal wealth. Posner, writing together with William Landes, asserted that ' the common law of torts ' should be accounted for ' as if …


Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose Jan 2016

Criminalization Of Drug Trafficking In Vietnam: Developments And Challenges, Hoa Phuong T. Nguyen, Gregory L. Rose

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

Since the adoption of an "open door" economic policy in 1986, drug trafficking in Vietnam has increased significantly. In 1997, Vietnam ratified the three UN drug control conventions and launched efforts to bring its national laws into line with them. As a newcomer to these international standards, Vietnam lacked experience in developing laws to combat drug trafficking. Fifteen years on, how well does Vietnamese legislation comply with the international requirements? How could compliance and, more broadly, the relevant legislation be improved? The first part of this paper draws a picture of drug trafficking in Vietnam since the "open door" economic …


Reflections On Censorship, Brian Martin Jan 2016

Reflections On Censorship, Brian Martin

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

Sue Curry Jansen's book Censorship: The Knot that Binds Knowledge and Power was published in 1988. I only discovered it several years later, and was immediately impressed. Normally, censorship is thought of as a government restriction on information, for example in dictatorships or during wartime. Therefore, most of the concerns expressed about censorship - including condemnations, justifications and discussions - are about governments. Sue took a broader view, seeing corporate power as a key driver of censorship: keeping some sorts of information confidential can serve the interests of corporations, and likewise certain sorts of knowledge claims are threatening to them. …


Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis Jan 2016

Greyhound Ban Shows Need For Joined-Up Thinking Across All Animal Industries, Elizabeth J. Ellis

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

There is ample evidence of systematic cruelty and regulatory failure with which to justify the New South Wales government's decision to ban greyhound racing. But this is a single industry in a single state - if we step back and look at the wider picture we see a telling lack of consistency in animal welfare policy and practice around the nation.


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 …


Linebaugh: Metaphors, Rebellion, And Socialist Dreaming, Rowan Cahill Jan 2016

Linebaugh: Metaphors, Rebellion, And Socialist Dreaming, Rowan Cahill

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

Writing in 1896, not long before his death, indefatigable socialist thought-maker and dreamer William Morris wrote that May Day is “above all days of the year fitting for the protest of the disinherited against the system of robbery that shuts the door betwixt them and a decent life” – and that system was capitalism. On another matter, the previous year he published a letter trenchantly criticising ‘experts’ and their plans to cull, tame and ‘manage’ the remnants of Epping Forest. This letter reflected an ecological awareness well ahead of the time, Morris cognizant of the complex unities of nature, the …


Unclear About Fairness, Australia's Major Parties Focus On Expediency, Gregory C. Melleuish Jan 2016

Unclear About Fairness, Australia's Major Parties Focus On Expediency, Gregory C. Melleuish

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

Both of Australia’s major parties have variously used “fairness” to describe key policies and in their election pitches. Labor leader Bill Shorten emphasised the concept in Sunday’s first leaders’ debate, while Treasurer Scott Morrison said the superannuation changes announced in the May budget were done in the name of fairness.


"Good Relationships Mean Good Lives": Warrior-Survivor Identity/Ies In David Alexander Robertson's 7 Generations, Debra L. Dudek Jan 2016

"Good Relationships Mean Good Lives": Warrior-Survivor Identity/Ies In David Alexander Robertson's 7 Generations, Debra L. Dudek

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

David Alexander Robertson's graphic novel 7 Generations: A Plains Cree Saga,illustrated by Scott B. Henderson,moves backwards and forwards through and overlaps time in order to connect remembered stories and current experiences to Indigenous identities in Canada. This graphic novel,rendered in colour,was first published as four individual black-and-white comics with coloured covers: Stone,Scars,Ends/ Begins,and The Pact. The series follows the protagonist,Edwin,as he listens to the stories his mother and father tell him about his Plains Cree ancestors and family in order to help him heal after his attempted suicide. Although the stories embody the personal histories of Edwin's …


Pit Covers And Other Things Under Foot, Ian C. Willis Jan 2016

Pit Covers And Other Things Under Foot, Ian C. Willis

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

Utilities like electricity, water, gas, sewerage, communications and others are essential in any community. Camden has acquired the utilities as time has progressed over the past 150 years to the present. Argyle Street has a number of utilities buried beneath the street and footpaths. Their histories provide a valuable insight into the town's development and progress, particularly in the 20th century. The arrival of electricity, gas and water were part of Camden modernism and its influence on the town. Each of these utilities has transnational origins well beyond the township and illustrate the linkages between the town and wider world. …


Marine Science And Technology Transfer: Can The Intergovernmental Oceanographic Commission Advance Governance Of Biodiversity Beyond National Jurisdiction?, Harriet Harden-Davies Jan 2016

Marine Science And Technology Transfer: Can The Intergovernmental Oceanographic Commission Advance Governance Of Biodiversity Beyond National Jurisdiction?, Harriet Harden-Davies

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

Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea. The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources …


The Wondrous (Baroque) Gender Revolution, Or The Rise And Fall Of The Empire Of Fairies, Luis Gomez Romero Jan 2016

The Wondrous (Baroque) Gender Revolution, Or The Rise And Fall Of The Empire Of Fairies, Luis Gomez Romero

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

The essay which follows is mainly concerned with how the history of ideas on norms, justice and power is shaped by the stories we tell and how we tell them. It specifically addresses the normative codes introduced into Western imaginaries by the raise of the literary fairy tale in France during the late seventeenth century. In both their oral and literary varieties, wonder fairy tales (Zaubermärchen or contes merveilleux) have constantly charted and undermined the contours of our cultural and political realities by escaping or retreating from them.³ The merveilleux genre allowed the first writers of fairy tales to act …


Tattoos, Paula Arvela Jan 2016

Tattoos, Paula Arvela

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

No abstract provided.


Te Arewhana Kei Roto I Te Ruma: An Indigenous Neo-Disputatio On Settler Society, Nullifying Te Tiriti, 'Natural Resources' And Our Collective Future In Aotearoa New Zealand, Hemopereki Simon Jan 2016

Te Arewhana Kei Roto I Te Ruma: An Indigenous Neo-Disputatio On Settler Society, Nullifying Te Tiriti, 'Natural Resources' And Our Collective Future In Aotearoa New Zealand, Hemopereki Simon

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

This practice-research based article explores the relationship between mana motuhake and white patriarchal sovereignty in Aotearoa New Zealand, focusing on Ngāti Tūwharetoa as a case study. It seeks to find the relevance of Aboriginal academic Aileen Moreton-Robinson's white possessive doctrine to the Aotearoa New Zealand context. In particular, it highlights the racist nature of the law and planning systems and their inadequacies to provide for hapū and iwi. It provides a key theoretical analysis regarding the nature of white patriarchal sovereignty in Aotearoa and the need of the state to appear virtuous, to continue the legacy that started with 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 …


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.


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 …


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.


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.


'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.


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.


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.


How Podcasting Is Changing The Audio Storytelling Genre, Siobhan Mchugh Jan 2016

How Podcasting Is Changing The Audio Storytelling Genre, Siobhan Mchugh

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

This article explores the impact of the post-2014 podcast resurgence on nonfictional audio storytelling formats. The empirical study comprises themed commentary by five significant US, European and Australian editors who commission and produce audio documentaries and features for broadcast and/or podcast. The article provides insights into the changing role played by public broadcasters, the growth of independent podcast networks and the perceived differences between radio and podcasting as a mode of delivering and receiving audio content. Of particular significance is the belief of senior commissioning editors that podcasting is fomenting a new, more informal, genre of audio narrative feature centred …


The Who Emf Project: Legitimating The Imaginary Of Global Harmonization Of Emf Safety Standards, David Mercer Jan 2016

The Who Emf Project: Legitimating The Imaginary Of Global Harmonization Of Emf Safety Standards, David Mercer

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

An important topic for studies of STS and globalization are the ways “global” institutions create and attempt to implement health guidelines and safety standards to address risks associated with new technologies. In the following discussion this topic is examined through a case study of the activities of the World Health Organization’s Electric and Magnetic Field Project (WHO EMF Project).


Linking Adaptation Science To Action To Build Food Secure Pacific Island Communities, C Cvitanovic, Steven Crimp, Alexander Fleming, Johann D. Bell, M Howden, Alistair Hobday, Me Stuart Taylor, R B. Cunningham Jan 2016

Linking Adaptation Science To Action To Build Food Secure Pacific Island Communities, C Cvitanovic, Steven Crimp, Alexander Fleming, Johann D. Bell, M Howden, Alistair Hobday, Me Stuart Taylor, R B. Cunningham

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

Climate change is a major threat to food security in Pacific Island countries, with declines in food production and increasing variability in food supplies already evident across the region. Such impacts have already led to observed consequences for human health, safety and economic prosperity. Enhancing the adaptive capacity of Pacific Island communities is one way to reduce vulnerability and is underpinned by the extent to which people can access, understand and use new knowledge to inform their decision-making processes. However, effective engagement of Pacific Island communities in climate adaption remains variable and is an ongoing and significant challenge. Here, we …