Law Commons^™

She's Already Waited Too Long: Affective Transtemporality In Ben Ferriss's "Penelope", Ika Willis

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

This essay investigates some ways in which affect is deployed in historical cinema to produce distinctive experiences of temporality. It argues that the experience of watching historical film is irreducibly and originarily asynchronous, and that affect - including emotion and mood - produces a circuit of attachment between the present time of viewing and the represented past. I contrast a mainstream cinematic retelling of Homer's Iliad, Petersen's Troy (2004), where emotion is used to repair temporal disjuncture, to Ferris's more interesting Homeric film, Penelope (2009), which explores the experience of asynchrony itself, both through the subjective time of waiting and …

The Wanarn Painters Of Place And Time: Old Age Travels In The Tjukurrpa, Ian A. Mclean

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

No abstract provided.

With Secrecy And Despatch, Ian A. Mclean

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

No abstract provided.

Critical Allies And Feminist Praxis: Rethinking Dis-Ease, Colleen Mcgloin

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

In Australian universities, non-Indigenous educators teaching Indigenous studies and/or Indigenous content must engage critically with anti-colonialism, not simply as lip service to syllabus content, but also, as an ethical consideration whereby consultation and collaboration with Indigenous scholars must necessarily direct praxis. Such an engagement might be referred to as a 'critical alliance': an engagement with Others about whom we are speaking that forms the basis for an ethical relationship. A 'critical alliance' with Others seeks always to undermine the colonial relations of power that discursively position both Indigenous and non-Indigenous subjects. This paper explores what such an alliance might 'look …

Pain, Politics And Volunteering In Tourism Studies, Ryan Frazer, Gordon R. Waitt

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

This paper is an ethnography of how six Australian volunteers experience a house-build project in the Philippines. Contingencies of empathic pain arising from the living conditions of those they aimed to help were felt through their bodies. Drawing on Sara Ahmed's ideas on pain enabled us to explore the politics of volunteer tourism. We suggest the intensification of volunteers' empathic pain constitute ambivalent spaces. In some volunteering contingencies, pain led to a blurring of conventional boundaries of 'them' and 'us', giving priority to difference over dominance. In others, volunteers reproduced dominant understandings of volunteering that mobilised neoliberal and colonial discourses. …

Yoko Ono's Magical Thinking, Vera C. Mackie

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

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 …

Enduring Debates: Closing The Gender Gap In Japan, Vera C. Mackie

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

Women in Japan voted and stood for office for the first time on 10 April 1946. It was the country's first postwar election and the first election after the Japanese government amended the Electoral Law to include women. Of the 79 female candidates, 39 were elected to Japan's national parliament, the Diet. Seventy years on, what is the state of gender relations in Japan? What issues now stimulate feminist campaigns and activism?

Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel

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

For decades, politics and international relations (PaIR) programs across Australia have taken a smorgasbord or student consumption approach to curriculum development. This article examines whether, with the Australian Qualifications Framework (AQF), there has been a systematisation and transformation of curriculum. It surveys 21 programs and majors in the field offered at 10 universities. It analyses directions in program structure, content and to a lesser extent delivery in order to discover whether there is a shared picture of graduate outcomes. The model of curriculum as a product students' select elements of to consume has largely continued and there has been no …

Flood Free Crossing Via Macarthur Bridge, Ian C. Willis

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

One of the most important pieces of economic and social infrastructure in the Macarthur area is the Macarthur Bridge. The bridge is also one of the most significant pieces of engineering heritage in the Camden local government area. It provides a highlevel flood free crossing of the Nepean River which can isolate the township of Camden when the numerous low-level bridges in the area are flooded - the Cowpasture Bridge (Camden), the Cobbitty Bridge and the Menangle Bridge.

The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

The conduct of international affairs is subject to three kinds of normative standards. The first of these is prudence or rational self-interest, and its most common manifestation in international affairs involves reference to a state's national interest as a basis for defending or critiquing its international conduct. Justice provides a second metric for assessing the international conduct of states, and sometimes other actors, and a set of normative concepts including freedom, equality and fairness with which to argue for or against particular acts or policies. Law, including both international law and the foreign law of particular states, provides the third …

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

All Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …

Crashing An Officers-Only Cav Party, Steve Tedder

Mighty Pen Project Anthology & Archive

Thirty years after Vietnam, an enlisted man attends a reunion intended only for the officer fliers of his troop. He finds a warm welcome, and learns, again, that all warriors are a band of brothers.

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 …

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the majority …

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Educational Leadership Faculty Publications

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,² likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …