Why ADR must be a mandatory subject in the law degree - the profession

The Australian legal profession, as well as the content and pedagogy of legal education across Australia, are steeped in tradition and conservatism. Indeed, the legal profession and our institutions of legal education are in a relationship of mutual influence which leaves the way we teach law resistant to change. There has traditionally been pushback against the notion that dispute resolution should have a place amongst black letter law subjects in the legal curriculum. This paper argues that this position cannot be maintained in the modern legal climate. We challenge legal education orthodoxy and promote NADRAC’s position that alternative dispute resolution should be a compulsory, stand alone subject in the law degree. We put forward ten simple arguments as to why every law student should be exposed to a semester long course of DR instruction.

Why ADR must be a mandatory subject in the law degree - the academy

The profession of law is deeply steeped in tradition and conservatism. The content and pedagogy employed in law faculties across Australia is similarly steeped in tradition and conservatism. Indeed, the practice of law and our institutions of legal education are in a relationship of mutual influence; a dénouement which preserves the best aspects of our common law legal system, but also leaves the way we educate, practice, and think about the role of law, resistant to change. In this article, we lay down a challenge to legal education orthodoxy and a call to arms for legal academic progressivists. It is our simple argument that alternative dispute resolution should be a compulsory, stand alone subject in the law degree. There has been traditional pushback against the notion that alternative dispute resolution should have a place amongst black letter law subjects in the legal curriculum. This position cannot be maintained in the modern day legal climate. We put forward ten simple arguments as to why every law student should be exposed to a semester long course of ADR instruction. With respect to relationships of mutual influence, whether legal education should assimilate the practise of law, or shape the practise of law makes no difference here. Both views necessitate the inclusion of ADR as a compulsory subject in the law degree.

The ethical demands of settler colonial theory

This article explores the strengths and limitations of settler colonial theory (SCT) as a tool for non-Indigenous scholars seeking to disturb rather than re-enact colonial privilege. Based on an examination of recent Australian academic debates on settler colonialism and the Northern Territory intervention, we argue that SCT is useful in dehistoricizing colonialism, usually presented as an unfortunate but already transcended national past, and in revealing the intimate connections between settler emotions, knowledges, institutions and policies. Most importantly, it makes settler investments visible to settlers, in terms we understand and find hard to escape. However, as others have noted, SCT seems unable to transcend itself, in the sense that it posits a structural inevitability to the settler colonial relationship. We suggest that this structuralism can be mobilized by settler scholars in ways that delegitimize Indigenous resistance and reinforce violent colonial relationships. But while settlers come to stay and to erase Indigenous political existence, this does not mean that these intentions will be realized or must remain fixed. Non-Indigenous scholars should challenge the politically convenient conflation of settler desires and reality, and of the political present and the future. This article highlights these issues in order to begin to unlock the transformative potential of SCT, engaging settler scholars as political actors and arguing that this approach has the potential to facilitate conversations and alliances with Indigenous people. It is precisely by using the strengths of SCT that we can challenge its limitations; the theory itself places ethical demands on us as settlers, including the demand that we actively refuse its potential to re-empower our own academic voices and to marginalize Indigenous resistance.

Experimental studies of hollow flange channel beams subject to combined bending and shear actions

This paper presents the details of an experimental study of a cold-formed steel hollow flange channel beam known as LiteSteel Beam (LSB) subject to combined bending and shear actions. The LSB sections are produced by a patented manufacturing process involving simultaneous cold-forming and electric resistance welding. Due to the geometry of the LSB, as well as its unique residual stress characteristics and initial geometric imperfections resultant of manufacturing processes, much of the existing research for common cold-formed steel sections is not directly applicable to LSB. Experimental and numerical studies have been carried out to evaluate the behaviour and design of LSBs subject to pure bending actions and predominant shear actions. To date, however, no investigation has been conducted into the strength of LSB sections under combined bending and shear actions. Combined bending and shear is especially prevalent at the supports of continuous span and cantilever beams, where the interaction of high shear force and bending moment can reduce the capacity of a section to well below that for the same section subject only to pure shear or moment. Hence experimental studies were conducted to assess the combined bending and shear behaviour and strengths of LSBs. Eighteen tests were conducted and the results were compared with current AS/NZS 4600 and AS 4100 design rules. AS/NZS 4600 design rules were shown to grossly underestimate the combined bending and shear capacities of LSBs and hence two lower bound design equations were proposed based on experimental results. Use of these equations will significantly improve the confidence and cost-effectiveness of designing LSBs for combined bending and shear actions.

Within-subject intra- and inter-method consistency of two experimental risk attitude elicitation methods

We compare the consistency of choices in two methods used to elicit risk preferences on an aggregate as well as on an individual level. We ask subjects to choose twice from a list of nine decisions between two lotteries, as introduced by Holt and Laury (2002, 2005) alternating with nine decisions using the budget approach introduced by Andreoni and Harbaugh (2009). We find that, while on an aggregate (subject pool) level the results are consistent, on an individual (within-subject) level, behaviour is far from consistent. Within each method as well as across methods we observe low (simple and rank) correlations.

Nonrigid face alignment for unknown subject in video

Non-rigid face alignment is a very important task in a large range of applications but the existing tracking based non-rigid face alignment methods are either inaccurate or requiring person-specific model. This dissertation has developed simultaneous alignment algorithms that overcome these constraints and provide alignment with high accuracy, efficiency, robustness to varying image condition, and requirement of only generic model.

A CLASS act : the teaching team approach to subject coordination

Advancing the development of good practice around the teaching team has been the focus of a recently completed, nationally funded Australian grant entitled Coordinators Leading Advancement of Sessional Staff (CLASS). The project focused on developing leadership capacity of subject coordinators to provide supportive contexts for sessional staff to enhance their knowledge of teaching practice and contribute to subject improvement through a team approach. An action learning approach and notions of distributed leadership underpinned the activities of the teaching teams in the program. This paper provides an overview of a practical approach, led by the subject coordinator, to engaging sessional staff through the facilitation of a supportive network within the teaching team. It addresses some of the gaps identified in the recent literature which includes lack of role clarity for all members of the team and provides some examples of initiatives that teams engaged with to address some of the challenges identified. Resources to support this approach were developed and are shared through the project website. Recommendations for future direction include improved policy and practice at the institutional level, better recognition and reward for subject coordinators and resourcing to support the participation and professional development needs of sessional staff.

The subject and architecture

Invited Presentation on my book Architecture for a Free Subjectivity. In March of 1982, Skyline, the Institute for Architecture and Urban Studies serial, published the landmark interview between Paul Rabinow, an American anthropologist, and Michel Foucault, which would only appear two years later under the title “Space, Knowledge, and Power,” in Rabinow’s edited book The Foucault Reader. Foucault said that in the spatialization of knowledge and power beginning in the 18th century, architecture is not a signifier or metaphor for power, it is rather the “technique for practising social organization.” The role of the IAUS in the architectural dissemination of Foucault’s ideas on the subject and space in the North American academy – such as the concept “heterotopia,” and Foucault’s writing on surveillance and Jeremy Bentham’s Panopticon, subsequently analysed by Georges Teyssot, who was teaching at the Venice School – is well known. Teyssot’s work is part of the historical canalization of Foucauldianism, and French subjectivity more broadly, along its dizzying path, via Italy, to American architecture schools, where it solidified in the 1980s paradigm that would come to be known as American architecture theory. Foucault was already writing on incarceration and prisons, from the 1970s. (In the 1975 lectures he said “architecture was responsible for the invention of madness.”) But this work was not properly incorporated into architectural discussion until the early ’80s. What is not immediately apparent, what this history suggests to me is that subjectivity was not a marginal topic within “theory”, but was perhaps a platform and entry point for architecture theory. One of the ideas that I’m working on is that “theory” can be viewed, historically, as the making of architectural subjectivity, something that can be traced back to the Frankfurt School critique which begins with the modern subject...

Never-Never Land : affective landscapes, the touristic gaze and heterotopic space in Australia

This article explores how the imaginative use of the landscape in Baz Luhrmann’s Australia (2008) intersects with the fantasy of Australianness that the film constructs. We argue the fictional Never-Never Land through which the film’s characters travel is an, albeit problematic, ‘indigenizing’ space that can be entered imaginatively through cultural texts including poetry, literature and film, or through cultural practices including touristic pilgrimages to landmarks such as Uluru and Kakadu National Park. These actual and virtual journeys to the Never-Never have broader implications in terms of fostering a sense of belonging and legitimating white presence in the land through affect, nostalgia and the invocation of an imagined sense of solidarity and community. The heterotopic concept of the Never-Never functions to create an ahistorical, inclusive space that grounds diverse conceptions of Australianness in a shared sense of belonging and home that is as mythical, contradictory and wondrous as the idea of the Never-Never itself. The representations of this landscape and the story of the characters that traverse it self-consciously construct a relationship to past events and to film history, as well as constructing a comfortable subject position for contemporary Australians to occupy in relation to the land, the colonial past, and the present.

Why ADR must be a mandatory subject in the law degree : A cheat sheet for the willing and a primer for the non-believer

The profession of law is deeply steeped in tradition and conservatism, which influences the content and pedagogy employed in law faculties across Australia. Indeed, the practice of law and the institutions of legal education are in a relationship of mutual influence; a dénouement which preserves the best aspects of the common law legal system, but also leaves the way we educate, practice and think about the role of law resistant to change. In this article, the authors lay down a challenge to legal education orthodoxy and a call to arms for legal academic progressivists: that alternative dispute resolution (ADR) should be a compulsory, stand alone subject in the law degree. The authors put forward 10 simple arguments as to why every law student should be exposed to a semester-long course of ADR instruction.

Numerical modelling and design of lipped channel beams subject to shear

Cold-formed steel members are increasingly used as primary structural elements in buildings due to the availability of thin and high strength steels and advanced cold-forming technologies. Cold-formed lipped channel beams (LCB) are commonly used as flexural members such as floor joists and bearers. Many research studies have been carried out to evaluate the behaviour and design of LCBs subject to pure bending actions. However, limited research has been undertaken on the shear behaviour and strength of LCBs. Hence a numerical study was undertaken to investigate the shear behaviour and strength of LCBs. Finite element models of simply supported LCBs with aspect ratios of 1.0 and 1.5 were considered under a mid-span load. They were then validated by comparing their results with test results and used in a detailed parametric study based on the validated finite element models. Numerical studies were conducted to investigate the shear buckling and post-buckling behaviour of LCBs. Experimental and numerical results showed that the current design rules in cold-formed steel structures design codes are very conservative for the shear design of LCBs. Improved design equations were therefore proposed for the shear strength of LCBs. This paper presents the details of this numerical study of LCBs and the results.

Numerical studies and design of hollow flange channel beams subject to combined bending and shear actions

LiteSteel beam (LSB) is a cold-formed steel hollow flange channel section produced using a patented manufacturing process involving simultaneous cold-forming and dual electric resistance welding. It is commonly used as floor joists and bearers in residential, industrial and commercial buildings. Design of the LSB is governed by the Australian cold-formed steel structures code, AS/NZS 4600. Due to the geometry of the LSB, as well as its unique residual stress characteristics and initial geometric imperfections resultant of manufacturing processes, currently available design equations for common cold-formed sections are not directly applicable to the LSB. Many research studies have been carried out to evaluate the behaviour and design of LSBs subject to pure bending actions and predominant shear actions. To date, however, no investigation has been conducted into the strength of LSB sections under combined bending and shear actions. Hence experimental and numerical studies were conducted to assess the combined bending and shear behaviour of LSBs. Finite element models of LSBs were developed to simulate their combined bending and shear behaviour and strength of LSBs. They were then validated by comparing the results with available experimental test results and used in a detailed parametric study. The results from experimental and finite element analyses were compared with current AS/NZS 4600 and AS 4100 design rules. Both experimental and numerical studies show that the AS/NZS 4600 design rule based on circular interaction equation is conservative in predicting the combined bending and shear capacities of LSBs. This paper presents the details of the numerical studies of LSBs and the results. In response to the inadequacies of current approaches to designing LSBs for combined bending and shear, two lower bound design equations are proposed in this paper.