Law Commons^™

Responses To The Death Of Thomas Kelly: Taking Populism Seriously, Julia Ann Quilter

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

This comment explores the range of responses to Thomas Kelly’s death. Mr Kelly suffered fatal head injuries after being king-hit in the face when walking down the street in Kings Cross, Sydney, in July 2012. It is argued that these responses form a populist and far more nuanced response than the more typical ‘law and order’ reactions of state governments witnessed in the past, making us think about taking populism more seriously.

Staging Patti Smith: (Un)Reliable Stories, Identity, And The Audience-Text-Reader Relationship, Catherine Mckinnon

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

Humans are the only animals that use stories to help make sense of the world. Shlomith Rimmon-Kenan argues that ‘we lead our lives as stories, and our identity is constructed both by the stories we tell ourselves and others about ourselves and by the master narratives that consciously or unconsciously serve as models for ours’ (2002:11). An inquiry into how humans construct stories is also an inquiry into reliable and unreliable narration, into identity, and into the relationship between author, text and reader. It goes to the root of what it means to be human.

In this paper these three …

Can We Inhabit (Narrative) Time?, Shady E. Cosgrove

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

With the emergence of time-based movements (such as the ‘Slow Food’ movement and Japan’s ‘Sloth Club’) that question the pace of late-capitalist economies, time is emerging as a critical issue in the twenty-first century. This is of particular interest to authors because so much of time is understood within the context of narrative – and time has always been a key issue for authors in constructing texts. A novel can span one day (James Joyce’s Ulysses) or family generations (Jung Chang’s Wild Swans). It can be recounted from a position in the far-off future (Charlotte Bronte’s Jane Eyre) or the …

Wikinews - A Safe Haven For Learning Journalism, Free Of The Usual Suspects Of Spin And Commercial Agendas, David Blackall, Leigh T. Blackall, Brian Mcneil

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

Online distributed and networked voluntary journalism, across all media, is attracting attention as an alternative news service - offering situated, active, learning opportunities for emerging journalists. The internationally oriented journalism site Wikinews is positioned to offer high-quality learning in newswriting; while emphasizing ethics, reliability and therefore accuracy. Wikinews also offers opportunities for supported production and learning in the converged media context for original investigative journalism across the print, audio and visual formats.

This paper reviews the assignment processes in two 2011 undergraduate subjects in journalism, where Wikinews was used for publishing and assessment. Wikinews was effective for improving student engagement, …

'They Don’T Flinch’: Creative Writing/Critical Theory, Pedagogy/Students, Joshua M. Lobb

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

In Creative Writing and the New Humanities, Paul Dawson declared that “Creative Writing needs to answer the critique of authorship and of the category of literature offered by Theory” and that central to discussion is the question “how do writing programmes negotiate the insights of contemporary theory, and the critique of literature which these offer?” (2005, 161). In the late 1990s, the rhetoric of Creative Writing academics certainly reflected this challenge. Jen Webb proposed that “one of the skills writing students need is an understanding of the politics of identity and representation” (2000); Kevin Brophy agreed, declaring that Creative Writing …

Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner

Faculty of Law - Papers (Archive)

The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives …

Tools To Conserve Ocean Biodversity: Developing The Legal Framework For Environmental Impact Assessment In Marine Areas Beyond National Jurisdiction, Robin Warner

Faculty of Law - Papers (Archive)

Several decades of endeavor since the 1972 Stockholm Declaration on the Human Environment have produced an established international law framework for the protection of the marine environment with the focal point being Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC), supplemented by complementary instruments on international environmental law and an evolving body of customary international law principles. Substantial jurisdiction with some collaboration between states in differenct regions to promtect the marine environment across national boundaries. The regulatory framework for environmental protection in marine areas beyond national jurisdiction is at a much earlier stage …

Departures From The Coast: Trends In The Application Of Territorial Sea Baselines Under The Law Of The Sea Convention, Clive Schofield

Faculty of Law - Papers (Archive)

Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.

'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff

Faculty of Law - Papers (Archive)

Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …

Envisioning The Shôjo Aesthetic In Miyazawa Kenji's 'The Twin Stars' And 'Night Of The Milky Way Railway', Helen Kilpatrick

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

Despite an ever-growing body of scholarship on the shôjo (girl) in manga and anime, little has been written about representations of the ‘girl’ in Japanese picture books. Shôjo literature and culture have grown exponentially in Japan since about the 1980s, but there has been a tendency in popular media to overemphasise the 'cute', disempowering aspects of the ‘girl’. By using Takahara Eiri's (1999) concept of “girl consciousness” and Honda Masuko's (1992) envisioning of the girl’s imagined freedom through a hirahira (fluttering) aesthetic, notions of the powerless or mindlessly consuming shôjo can be dispelled. Such concepts help demonstrate that the girl …

Delivering Design: Testing A New Model For Developing Regional Audiences For Touring Exhibitions And Design Projects, Jennie A. Lawson, Lisa Cahill

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

Object: Australian Design Centre (Object) partnered with the Western Plains Cultural Centre (WPCC) and the University of Wollongong (UOW) to undertake a research project to examine the relationship between the touring organisation and the host venue and how strengthening that relationship may lead to increased engagement with regional audiences.

The Correspondence Of Bernard O'Dowd And Walt Whitman: Indigeneity And The Cosmopolitics Of Settler Literary Nationalism, Michael R. Griffiths

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

In the last two years before his death, Walt Whitman corresponded regularly with an Australian poet named Bernard O'Dowd. While he would later reach great prominence O'Dowd was, at this time, an obscure antipodean nobody, a poetic dilettante whose voice was yet to emerge. On 15 March 1891, Whitman wrote to his admiring antipodean correspondent noting that "[t]houghtful folks here are paying much attention to you south there & Canada north" (Whitman, Collected Writings 5:176). Despite this gesture of transnational comparison between the two countries, Whitman makes no apparent connection between the indigenous peoples of either dominion, nor does he …

Chinese Merchants In Singapore And The China Trade, 1819-1959, Jason Lim

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

Chinese merchants in Singapore were involved with the China trade after the British established a trading post in Singapore in 1819. These merchants were regarded as Chinese citizens by the Chinese state and expected to be engaged in patriotic activities such as the promotion of Chinese goods as “national products” in the 1930s, and comply with Chinese government regulations during the Sino-Japanese War and after the communist victory in China in 1949. This paper traces the vicissitudes of the China trade for the Chinese merchants in Singapore as the island went through phases of political and economic stability, international competition, …

'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff

Faculty of Law - Papers (Archive)

On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and, after …

Biopolitical Correspondences: Settler Nationalism, Thanatopolitics, And The Perils Of Hybridity, Michael R. Griffiths

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

'How does (post)colonial literary culture, so often annexed to nationalist concerns, interface with what Michel Foucalt called biopolitics? Biopolitics can be defined as the regularisation of a population according to the perceived insistence on norms. Indeed, biopolitics is crucially concerned with what is perceptible at the macroscopic level of an entire population - often rendering its operations blind to more singular, small, identitarian, or even communitarian representations and imaginaries. Unlike the diffuse, microscopic, governmental mechanisms of surveillance that identify the need for disciplinary interventions, biopolitics concerns itself with the regularisation of societies on a large scale, notably through demography. As …

Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter

Faculty of Law - Papers (Archive)

Through a close reading of a rape trial, this article discusses the seemingly intractable problem of the disconnect between rape law reform and the resilience of outdated common law practices being used in the courtroom. It is argued that certain requirements (the location of the event; a focus on resistance and the presence of injuries; recent complaint; and the underlying assumption of the untrustworthiness of the complainant) form a ‘rape schema’ which operate to distinguish the ‘true’ from the ‘false’ complaint of rape. Finally, this article turns to the insights of critical theory to think about how concepts of ‘readability’, …

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

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

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …

Choreography Of War Reportage; Pathfinder Closing; Dream Weapon; Protean World - Works Of Art Exhibited In The Exhibition Ten Years Of Contemporary Art: The James C Sourris Collection, Madeleine T. Kelly

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

Madeleine Kelly’s paintings present an inscrutable iconography, drawing on complex associations — from contemporary politics to classical mythology and the artist’s own concern with environmental degradation. While Kelly often engages topical issues, her work is never didactic.

These two paintings were created out of the artist’s concern with humanity’s dependence on fossil fuels and the devastating consequences this will have. Kelly says she ‘investigated the archaeological metaphor and its potential to create new meaning . . . to represent our relationship with the environment, both natural and artificial’. The end result is a persistent sense of foreboding.

Other Side Art: Trevor Nickolls, Ian Mclean

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

In a review of Gordon Bennett's retrospective at the National Gallery of Victoria in 2007, Rex Butler claimed that there have been two revolutions in Australian art, the first at Papunya in 1971 and the second, an echo of the first, around 1990, when Bennett burst upon the scene.

Report On Remembering Forward Forum, Cologne, Ian Mclean

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

Exhibiting Aboriginal art was a symposium organised by the Museum Ludwig, Cologne on 17-18 February 2011, in cooperation with the Institute of Art History of the University of Basel, as part of the exhibition Remembering Forward. Kasper König, Claus Volkenandt, Emily Evans and Frank Wolf organized the symposium. This article is based on closing remarks I gave at the seminar.

Hollow Mark, Madeleine T. Kelly

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

At three metres in height, the figure of a man looms over the viewer. Painted on two fibreglass resin panels with a thin wash of paint in muted, sombre colours, the man is stretched and anamorphically distorted. His elongated legs seem to enable him to reach towards the sky, so it takes a moment to realize that this is a figure with no head or face, an anonymous figure burdened by two heavy bags of books that bend his back and drag his arms groundward.

Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix

Sydney Business School - Papers

This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …

Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black

Faculty of Law - Papers (Archive)

In Australia, there has been confusion and misunderstanding surrounding the term 'fatwa'. This goes both to its meaning and also to the role fatwas fulfil for Muslims, whether in Australia or in other parts of the world. This paper seeks to address both of these issues, first by demystifying fatwa through exploration of the distinctive place the have in Islamic jurisprudence, and second by identifying the methodology used by jurists in ifta (the giving of fatwas), which has enabled Islamic law to be responsive to new developments and contemporary challenges. Given the recent expansion of technological, economic and medical advances …

Reflections On Transgender Immigration, Nan Seuffert

Faculty of Law - Papers (Archive)

Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …

Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner

Faculty of Law - Papers (Archive)

The legal regime for the high seas is fragmented both sectorally and geographically and is incomplete. Governance, regulatory, substantive and implementational gaps in the legal framework serve to limit the effectiveness of the high seas regime in securing a sustainable future for the conservation and use of the high seas environment and its resources. A global approach to further developing the high seas regime based on the concept of international public trusteeship for the oceans beyond national jurisdiction could foster environmentally responsible use of of the high seas and its resources and ensure the application of modern conservation principles and …

Current Legal Developments: The Arctic, Clive H. Schofield, Tavis Potts

Faculty of Law - Papers (Archive)

The planting of a flag in a titanium canister on the seabed at the North Pole in August 2007 on the part of the Russian Federation and efforts by the other Arctic Ocean littoral states to reinforce their territorial and, particularly, maritime jurisdictional claims in the region, led to the Arctic becoming the focus of considerable global media attention in recent months. Much of this coverage has been alarmist in tone, replete with tales of a “scramble” or “race” for the Arctic, talk of an Arctic “land-grab”, and unease over a resultant Arctic resource “gold rush”. Although some of the …