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Full-Text Articles in Law

Sonic Havens: How We Use Music To Make Ourselves Feel At Home, Michael J. Walsh, Eduardo De La Fuente Jan 2019

Sonic Havens: How We Use Music To Make Ourselves Feel At Home, Michael J. Walsh, Eduardo De La Fuente

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

The concept of "home" refers to more than bricks and mortar. Just as cities are more than buildings and infrastructure, our homes carry all manner of emotional, aesthetic and socio-cultural significance. Our research investigates music and sound across five settings: home, work, retail spaces, private vehicle travel and public transport.


Language And Attitude Shift Of Young Mauritians In Secondary Education, Anu Bissoonauth-Bedford Jan 2019

Language And Attitude Shift Of Young Mauritians In Secondary Education, Anu Bissoonauth-Bedford

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

This study investigated the changing patterns of language use and language attitudes of younger generations of Mauritians over the last two decades. This article discusses the shift in language attitudes of students in secondary education with special emphasis on Kreol*, taught since 2012 in primary schools and from 2018 in secondary schools. A comparison with results from earlier studies suggests a positive attitude shift towards Kreol in education as well as an acceptance of multilingualism and multiculturalism as an integral part of being Mauritian. Asian heritage languages lag behind in the multi-diglossic patterns of language use. Nonetheless, despite a steady …


Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis Jan 2019

Sex Trafficking To The Federated Malay States 1920-1940: From Migration For Prostitution To Victim Or Criminal?, Vicki D. Crinis

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

This article analyses the relationships between the colonial government in the Federated Malay States (FMS), international social movement organisations, the League of Nations and sex trafficking. While there is considerable scholarship on social movement organisations and the League of Nations, far less is known about the links between internationalism, colonialism and sex trafficking. After the First World War, trafficking became the focus of social movement organisations and the League of Nations, but colonial regulation of prostitution and tolerated brothels complicated international responses to trafficking. Colonial administrators saw prostitution as an essential service, whereas feminist and international social movement organisations saw …


The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk Jan 2019

The Impact Of Gender On International Relations Simulations, Susan N. Engel, Deborah Mayersen, David Pedersen, Joakim Eidenfalk

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

Model United Nations (MUN) simulations are an increasingly popular approach to teaching international relations, in both secondary and tertiary education. There is some evidence, however, that these simulations disadvantage female participants. Studies by Rosenthal et al. and Coughlin found that female students participate less in simulations than their male classmates. This may limit the value of simulations, which have otherwise been recognized as an effective active learning technique. This study investigates the impact of gender, and an intervention designed to address gender disparities in participation, on a MUN simulation conducted in a second-year undergraduate course. The study confirmed previous findings …


The Vowel /U/ Before Deleted Word-Final /S/, /R/, And /Θ/ In Eastern Andalusian Spanish, Alfredo Herrero De Haro Jan 2019

The Vowel /U/ Before Deleted Word-Final /S/, /R/, And /Θ/ In Eastern Andalusian Spanish, Alfredo Herrero De Haro

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

Eastern Andalusian Spanish deletes all coda consonants; yet, coda deletion analyses have focused on /-s/. The acoustic and statistical analyses of 317 tokens of /u/ in 24 Eastern Andalusian speakers confirm that the differences in quality between word-final /u/ and /u/ preceding deleted /-s/, /-r/, and /-θ/ are statistically significant. Furthermore, /-s/, /-r/, and /-θ/ deletion changes the quality of a preceding /u/ in different degrees but the difference of quality between these three realisations of /u/ is not statistically significant. Likewise, a perception experiment confirms that Eastern Andalusian speakers can identify whether or not /u/ is followed by an …


Boycott Them! No, Boycott This! Do Choice Overload And Small-Agent Rationalization Inhibit The Signing Of Anti‐Consumption Petitions?, Ulku Yuksel, Nguyen T. Thai, Michael S. Lee Jan 2019

Boycott Them! No, Boycott This! Do Choice Overload And Small-Agent Rationalization Inhibit The Signing Of Anti‐Consumption Petitions?, Ulku Yuksel, Nguyen T. Thai, Michael S. Lee

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

The Internet and social media have increased the number of organizations and individuals asking consumers to sign petitions against transgressing brands. This raises a question as to whether such increases in requests to sign a petition to support a boycott positively or negatively impact on consumer willingness to enact anti-consumption. Via experiments, this study investigates the effect that choice overload has on consumers signing a petition in support of a boycott call. The findings establish that individuals who need to make a choice from numerous boycott calls (i.e., large choice-sets) are less likely to sign a petition to support a …


Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo Jan 2019

Re-Examining Miller V Miller: A Search For Rationality And Coherence In Australia's Illegality Defence, Aidan Lerch, Yvonne M. Apolo

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

While it has long been accepted that a 'confirmed criminal is as much entitled to redress as his most virtuous fellow citizen',1 the defence of illegality has the potential to entirely divest plaintiffs of private law remedies. In light of the anomalous approach to the illegality defence adopted by the High Court of Australia in Miller v Miller, this article considers whether Australia's illegality defence in the general law of torts requires reformulation. In adopting a comparative approach, the article demonstrates that although Australia's duty-based illegality defence is criticised for being unusual and indeed unjust, the discretionary-based approach implemented within …


Writing Regularly As A Thesis-Completion Strategy, Brian Martin Jan 2019

Writing Regularly As A Thesis-Completion Strategy, Brian Martin

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

In 2008, I had been supervising Ph.D. students for 20 years when I happened on a short book by Tara Gray (2005/2015) entitled Publish & Flourish. Tis led me to change my approach considerably. In supervising, I now focus more on the process of doing research, especially writing, and less on the content. Te results have been positive.


Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner Jan 2019

Area-Based Management Tools: Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner

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

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (abnj). This article examines the scope of these threats and the role of area-based management mechanisms such as marine protected areas (mpas) in addressing those threats. It discusses the law and policy rationale for establishing mpas in abnj and some regional examples of mpa designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally, it reviews global initiatives in the United Nations to …


Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto Jan 2019

Similarity-Based Cognition: Radical Enactivism Meets Cognitive Neuroscience, Miguel Segundo Ortin, Daniel D. Hutto

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

2019, Springer Nature B.V. Similarity-based cognition is commonplace. It occurs whenever an agent or system exploits the similarities that hold between two or more items-e.g., events, processes, objects, and so on-in order to perform some cognitive task. This kind of cognition is of special interest to cognitive neuroscientists. This paper explicates how similarity-based cognition can be understood through the lens of radical enactivism and why doing so has advantages over its representationalist rival, which posits the existence of structural representations or S-representations. Specifically, it is argued that there are problems both with accounting for the content of S-representations and with …


Following The Fish Inland: Understanding Fish Distribution Networks For Rural Development And Nutrition Security, Dirk J. Steenbergen, Hampus B. Eriksson, Kimberley Hunnam, David J. Mills, Natasha Stacey Jan 2019

Following The Fish Inland: Understanding Fish Distribution Networks For Rural Development And Nutrition Security, Dirk J. Steenbergen, Hampus B. Eriksson, Kimberley Hunnam, David J. Mills, Natasha Stacey

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

© 2019, International Society for Plant Pathology and Springer Nature B.V. In developing countries, small-scale fisheries are both a pivotal source of livelihood and essential for the nutritional intake of larger food insecure populations. Distribution networks that move fish from landing sites to coastal and inland consumers offer entry points to address livelihood enhancement and food security objectives of rural development initiatives. To be able to utilize fish distribution networks to address national development targets, a sound understanding of how local systems function and are organized is imperative. Here we present an in-depth examination of a domestic market chain in …


Comparing Sustainability Claims With Assurance In Organic Agriculture Standards, Francisco Ascui, Anna K. Farmery, Fred Gale Jan 2019

Comparing Sustainability Claims With Assurance In Organic Agriculture Standards, Francisco Ascui, Anna K. Farmery, Fred Gale

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

© 2019, © 2019 Environment Institute of Australia and New Zealand Inc. Voluntary organic standard-setting organisations (SSOs) depend upon public trust in the truth claims implied by their labels: that the product in question has been produced using organic methods. They create and maintain this trust through assurance frameworks based on third-party verification of compliance with organic standards. It is therefore potentially problematic if an SSO makes additional claims that are not capable of being supported by their assurance frameworks. We investigate the claims made about the sustainability of organic agriculture by three voluntary organic SSOs, compared with assurance provisions …


Developing Expertise: Benefits Of Generalising Learning From The Graphic Design Project, Grant N. Ellmers, Marius Foley Jan 2019

Developing Expertise: Benefits Of Generalising Learning From The Graphic Design Project, Grant N. Ellmers, Marius Foley

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

2019 NSEAD and John Wiley & Sons Ltd The ability to transfer knowledge between design projects has been linked to developing expertise and, as such, is an important skill for designers. However, externalising and analysing the knowledge from the design project in ways that support transfer can be a challenge. This article explores how reflective practice can foster the conditions for knowledge transfer and links these outcomes with design expertise characteristics. A structured and critical approach to reflection was introduced alongside a graphic design project with the aim to foster the conditions for transfer to other projects. A case study …


How Our Screen Stories Of The Future Went From Flying Cars To A Darker Version Of Now, Aaron L. Burton Jan 2019

How Our Screen Stories Of The Future Went From Flying Cars To A Darker Version Of Now, Aaron L. Burton

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

While classics like Blade Runner looked to the future to ignite our technological desires, near-future fiction, such as Years and Years (2019) and Black Mirror (2011-2019), reveal how new technologies are injected into our lives with little choice as to whether we should adopt them and little thought to their long-term appropriateness and sustainability.


Xenophobia Towards Asylum Seekers: A Survey Of Social Theories, Michelle A. Peterie, David A. Neil Jan 2019

Xenophobia Towards Asylum Seekers: A Survey Of Social Theories, Michelle A. Peterie, David A. Neil

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

In recent decades, there has been a global rise in fear and hostility towards asylum seekers. Xenophobia - or 'fear of the stranger' - has become a pressing issue in a range of disciplines. Several causal models have been proposed to explain this fear and the hostility it produces. However, disciplinary boundaries have limited productive dialogue between these approaches. This article draws connections between four of the main theories that have been advanced in the existing literature: (1) false belief accounts, (2) xenophobia as new racism, (3) sociobiological explanations and (4) xenophobia as an effect of capitalist globalisation. While this …


Of 'Rage Of Party' And The Coming Of Civility, Gregory C. Melleuish Jan 2019

Of 'Rage Of Party' And The Coming Of Civility, Gregory C. Melleuish

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

The article discusses the emergence of political parties in Great Britain during the English Civil War. According to the author the conflict brought an end to political division which was replaced by etiquettes as a standard of political behavior. Topics include the political transformation of England in the year 1690, the conflict between the Royalists and Parliamentarians, and propagating ideals of politeness, moderation, and enlightenment.


A Soul Divided: The Un's Misconduct Over West Papua, Julian Mckinlay King Jan 2019

A Soul Divided: The Un's Misconduct Over West Papua, Julian Mckinlay King

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

2019 by the author(s). The soul of the Papuan people is divided. Separated by an arbitrary line established during the early colonial period-dissecting language groups, tribal lands, gardens, and villages-the people to the west of this line are regarded as Indonesian and live under a military dictatorship described by legal scholars and human rights advocates as systemic terror and alleged genocide while those people to the east of this line enjoy freedom within the independent state of Papua New Guinea. This paper revisits the range of agreements between the United Nations, Indonesia, and the Netherlands from 1962, which include the …


'Rock The Boat': Song-Writing As Geographical Practice, Leah Maree Gibbs, Kim Williams, Sarah Hamylton, Lucas M. Ihlein Jan 2019

'Rock The Boat': Song-Writing As Geographical Practice, Leah Maree Gibbs, Kim Williams, Sarah Hamylton, Lucas M. Ihlein

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

Climate change science is unequivocal on the link between fossil fuels and climate change. Yet, some governments - including those in Australia - fail to meet agreed targets and continue to invest in the coal industry. Scientists and other scholars have expressed concern that the science is not prompting shifts in policy adequate to address current and future effects of climate change. Many have called for other tools - specifically, the arts and social sciences - to investigate and communicate about the environmental and social changes underway. In this context, this article explores the potential of interdisciplinary collaborative song-writing as …


Writing On Common Ground: The Lyric Essay As A Decolonising Form, Christine Howe Jan 2019

Writing On Common Ground: The Lyric Essay As A Decolonising Form, Christine Howe

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

Is it possible for Australian settler writers to decolonise their writing, and if so, what form might this writing take? This paper explores the challenges facing settler writers who wish to respectfully acknowledge the sovereignty of Aboriginal and Torres Strait Islander peoples, and to participate in the movement towards a 'fair and truthful relationship' ('Uluru statement from the heart' 2017). The value of the lyric essay as a poetic form that resists straightforward answers -but rather allows for links to be drawn between the past and the present, complicity and healing, and the land and our experience of it -is …


Financial Services Need To Wake Up To Fact That Treating Customers Well Is Good Business, Andrew D. Schmulow Jan 2019

Financial Services Need To Wake Up To Fact That Treating Customers Well Is Good Business, Andrew D. Schmulow

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

South Africa's regulatory regime for the financial services sector is going through major changes. The question is whether companies can adapt to a principles-based approach. Or will they default back to rules-based compliance during the implementation of the Conduct of Financial Institutions Act? The aim of the new law is to improve financial sector conduct and ensure fairer outcomes, particularly for customers.


In The Air: Whipbird/Human/Koel, Joshua M. Lobb Jan 2019

In The Air: Whipbird/Human/Koel, Joshua M. Lobb

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

At a time when climate panic obscures clear thought, 100 Atmospheres is an invitation to think differently. Through speculative, poetic, and provocative texts, thirteen writers and artists have come together to reflect on human relationships with other species and the planet. The process of creating 100 Atmospheres was shared, with works (written, photographic and drawn) created individually and collectively. To think differently, we need to practice differently. The book contains thirteen chapters threaded amidst one hundred co-authored micro-essays. "In the Air" asks questions about our encounters with bird life, and how reconsidering our relationships with birds might also allow us …


Belonging, Being, Becoming: Exploring The Value Of A Statement Of Law Student Ideals, Karina Murray, Trish Mundy Jan 2019

Belonging, Being, Becoming: Exploring The Value Of A Statement Of Law Student Ideals, Karina Murray, Trish Mundy

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

In 2017, the School of Law at the University of Wollongong commenced an educational 'experiment', designed to make an important symbolic message to students that their career as a legal professional starts from the day they begin their law studies. It invited First Year Students to commit to core values, attitudes and practices that are seen as important to developing a positive legal professional identity. As part of the evaluation and review process, in 2018 the original 'Pledge' was redesigned as the Law Student Statement of Ideals. This article reports on the learnings gained through adopting the Law Student Statement …