152 resultados para Geisthardt, Rachael
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The Australian tertiary sector is becoming increasingly concerned about the psychological well-being of its students.Empirical research in Australia indicates that more than one-third of law students suffer from psychological distress, and the competitive, isolated, adversarial learning environment at law school has been suggested as partly responsible (Brain and Mind Research Institute, 2009). This fellowship program has mobilised strategic change to improve the psychological health of law students. It has lead and stimulated advancement in the legal curriculum, its pedagogy, and assessment practice to better engage, motivate and support student learning of law, focussing on the potential of non-adversarial legal practice. A new conceptual framework for legal education has been developed, demonstrating the pursuit of excellence in the teaching of law, and raising the profile of learning and teaching in Australian law schools. In addition the fellowship has created a national community of practice around this issue through the Wellness Network for Law, and made significant contributions to research and scholarship in the field.
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This text is designed to implement the Threshold Learning Outcomes (TLOs) for law in the first year, and to incorporate Sally Kift’s First Year Curriculum principles: http://tls.vu.edu.au/portal/site/trans/Resources/KiftTransitonPedagogySixPrinciples_16Nov09.pdf This is a learning-centered text book intentionally designed for first year students and written by experts in legal education and the first year experience. It is written in a tone and style that engages and communicates effectively with first year law students, without compromising its rigour. It provides students with opportunities to contextualise and make sense of their learning by connecting that learning with what they already know, and with current contemporary issues and affairs. This work is designed to ease students through the transition from a diverse variety of backgrounds (such as high school, work or other disciplines) to the first year of law. It provides practical guidance about adjusting to law school and to university. Students are asked to regularly reflect upon why they are studying law. The book also prepares law students for success in their latter year studies in law by ensuring that they are equipped with the necessary threshold concepts and foundational skills to do well: for example, research skills (particularly, online research skills), reasoning skills, written communication skills, negotiation skills, and self-management skills. A range of practical tips on studying law are provided throughout the book. The work also asks students to engage with developing an emergent sense of professional identity – including what it means to ‘think like a lawyer’. In supporting the students to engage with the concept of professional identity, the work begins a process of preparing students for transition from law school to legal practice. This is achieved by providing explanations of how the material being presented relates to the practice of law, as well as practical information relating to employability skills as a new graduate. This work has a number of learning and teaching objectives to enhance the quality of student learning in their first year of law by engaging, motivating and supporting that learning. First, the work is designed to engage first year students with their legal education and with a future sense of professional identity. It does this through its: • Dynamic writing style • Engaging format • Inclusion of contemporary issues and events • Flowcharts, checklists, mind-maps, tables and timelines • Inclusion of real-world problems and dilemmas. Second, the text motivates student learning by promoting active learning. It does this by: • Demonstrating, and asking students to practice, what they need to do – that is, the work is not simply focussed on telling students what they need to know • Including regular self-directed learning exercises throughout each chapter, such as practical exercises for the development of important foundational legal skills • Including exercises that promote student collaboration, and that require students to apply their learning to practical situations, and • Incorporating a range of interesting active thinking points and research activities. Third, the book supports student learning by encouraging reflective learning and independent learning. It does this by including: • Specific content on how to be a reflective practitioner and an independent learner • Exercises that require students to engage in independent learning, particularly in relation to legal research skill development • Exercises requiring students to reflect upon what they have learned, and encouraging students to keep a reflective learning journal • Exercises requiring students to reflect upon their own views and beliefs • Reflection on whether students have achieved the learning objectives articulated at the beginning of the chapter. The work also: • Demonstrates respect for student experiences, views, opinions and values • Acknowledges student diversity • Recognises the importance of being globally minded law students and lawyers • Supports law teachers in using the work in their classrooms through the provision of comprehensive teaching materials.
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Alternative dispute resolution, or ‘ADR’, is defined by the National Alternative Dispute Resolution Advisory Council as: … an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them. ADR is commonly used as an abbreviation for alternative dispute resolution, but can also be used to mean assisted or appropriate dispute resolution. Some also use the term ADR to include approaches that enable parties to prevent or manage their own disputes without outside assistance. A broad range of ADR processes are used in legal practice contexts, including, for example, arbitration, conciliation, mediation, negotiation, conferencing, case appraisal and neutral evaluation. Hybrid processes are also used, such as med-arb in which the practitioner starts by using mediation, and then shifts to using arbitration. ADR processes generally fall into one of three general categories: facilitative, advisory or determinative. In a facilitative process, the ADR practitioner has the role of assisting the parties to reach a mutually agreeable outcome to the dispute by helping them to identify the issues in dispute, and to develop a range of options for resolving the dispute. Mediation and facilitated negotiation are examples of facilitative processes. ADR processes that are advisory involve the practitioner appraising the dispute, providing advice as to the facts of the dispute, the law and then, in some cases, articulating possible or appropriate outcomes and how they might be achieved. Case appraisal and neutral evaluation are examples of advisory processes. In a determinative ADR process, the practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a determination. Arbitration is an example of a determinative ADR process. The use of ADR processes has increased significantly in recent years. Indeed, in a range of contemporary legal contexts the use of an ADR process is now required before a party is able to file a matter in court. For example, Juliet Behrens discusses in Chapter 11 of this book how the Family Law Act 1975 (Cth) now effectively mandates attendance at pre-filing family dispute resolution in parenting disputes. At the state level, in Queensland, for example, attendance at a conciliation conference can be required in anti-discrimination matters, and is encouraged in residential tenancy matters, and in personal injuries matters the parties must attend a preliminary compulsory conference. Certain ADR processes are used more commonly in the resolution of particular disputes. For example, in family law contexts, mediation and conciliation are generally used because they provide the parties with flexibility in terms of process and outcome while still ensuring that the negotiations occur in a positive, structured and facilitated framework. In commercial contexts, arbitration and neutral evaluation are often used because they can provide the parties with a determination of the dispute that is factually and legally principled, but which is also private and more timely than if the parties went to court. Women, as legal personalities and citizens of society, can find themselves involved in any sort of legal dispute, and therefore all forms of ADR are relevant to women. Perhaps most commonly, however, women come into contact with facilitative ADR processes. For example, through involvement in family law disputes women will encounter family dispute resolution processes, such as mediation. In this chapter, therefore, the focus is on facilitative ADR processes and, particularly, issues for women in terms of their participation in such processes. The aim of this chapter is to provide legal practitioners with an understanding of issues for women in ADR to inform your approach to representing women clients in such processes, and to guide you in preparing women clients for their participation in ADR. The chapter begins with a consideration of the ways in which facilitative ADR processes are positive for women participants. Next, some of the disadvantages for women in ADR are explored. Finally, the chapter offers ways in which legal practitioners can effectively prepare women clients for participation in ADR. Before embarking on a discussion of issues for women in ADR, it is important to acknowledge that women’s experiences in these dispute resolution environments, whilst often sharing commonalities, are diverse and informed by a range of factors specific to each individual woman; for example, her race or socio-economic background. This discussion, therefore, addresses some common issues for women in ADR that are fundamentally gender based. It must be noted, however, that providing advice to women clients about participating in ADR processes requires legal practitioners to have a very good understanding of the client as an individual, and her particular needs and interests. Some sources of diversity are discussed in Chapters 13, 14 and 15.
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Architecture in the South Pacific: The Ocean of Islands recounts the recent developments of the South Pacific and its fascinating architecture. This volume traces the European architectural overlay onto this scattered group of islands as well as the transition of these same islands towards a regional identity that has been fashioned by the remoteness of each location, the incomparable setting, and the distinctive ethnic mix of its inhabitants. A series of themed essays present the story of architectural development in the Solomon Islands, Vanuatu, New Caledonia, Fiji, Wallis and Futuna, Tonga, the Cook Islands, Samoa and American Samoa, and French Polynesia. Recent architecture typifies the evolution of the islands as they have been subjected to the transformative waves of alien trade, religion, colonization, war and tourism, followed by post-colonialism and revived nationalism. As with the Pacific region itself, the most prominent characteristic of the architecture is its diversity. The blending of the universal and the local sets the stage for a fresh vision of the South Pacific across a wide range of building types, from spectacular mission churches to sensational resorts in paradise. This book, in full colour, will appeal to architects, armchair-tourists, students and all those for whom the South Pacific is the idyll of their dreams.
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A collaborative series of limited edition canvas tote bags, each bearing a different feminist slogan, produced by the feminist collective LEVEL for exhibition and distribution as part of the Queensland Government-funded Q[ARI] Project at Sydney Contemporary Art Fair at Carriageworks in 2013.
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A collaborative, participatory denim craft station installed by the LEVEL feminist collective in the Q[ARI] Project - Artist-Run Initiatives exhibition, at the Griffith University Art Gallery in 2013. The exhibition was funded by the Queensland Government through Arts Queensland, and featured seven artist-run-initiatives from Brisbane.
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This collaborative, participatory work by feminist collective LEVEL took place at the Museum of Contemporary Art (MCA) as part of the official program of activities surrounding the exhibition 'War is over: (If you want it!): Yoko Ono', 2013. It took the form of a public picnic where women and their friends were invited to share food and discuss what they wanted to see in the world. Groups discussed their desires before a public declaration of these outside the museum at Circular Quay in Sydney.
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Sans Faute (without fail) considers how technology has influenced Chinese society, culture and practice. The exhibition seeks to reveal a shared language between Western and Chinese contexts that exists through employing technology as a universal creative meeting point. The pervasive impact of the current digital landscape has been widely recognised, embraced and continues to influence many aspects of Chinese lives. The significance of these shifting contexts on contemporary art is explored in Sans Faute. Through the presentation of a range of video installations, the exhibition aims to initiate rigorous and critical engagement with these provocative works that challenge traditional ideologies to discover emergent ideas. Featuring works by eight artists from mainland China, Sans Faute is an exploration of different attitudes collected together to provide a complete picture of how these artists build a new iconic imagery. "The works of these artists present a younger generation's thinking of the reality of contemporary China through their own emotional and individual life experience," says Stephen Danzig, IDAprojects director. "We are currently witnessing an amazing re-identification in so many elements that make up China's social fabric - none more so than what's happening in the arts currently. You only need to see what's happening in Beijing to realise the pace of change." Sans Faute has been supported by QUT Confucius Institute.
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This collaborative, participatory work by feminist collective LEVEL took place at the Gallery of Modern Art (GOMA) as part of the official program of activities surrounding the exhibition 'Harvest', 2014. It took the form of a public picnic, where women and their friends were invited to share cooking recipes while also discussing the possible recipe for a gender revolution. Groups discussed their ideas, before a public reading of potential 'ingredients' and 'methods' outside the museum on the Maiwar Green.
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"Contemporary society is in the midst of the boundless generation and collection of data, data that is produced from almost any measurable act. Be it weather or transport data sets published by government agencies, or the individual and interpersonal data generated by our digital interactions; a server somewhere is collating. With the rise of this digital data phenomenon comes questions of comprehension, purpose, ownership and translation. Without mediation digital data is an immense abstract list of text and numbers and in this abstracted form data sets become detached from the circumstances of their creation. Artists and digital creatives are building works from these constantly evolving data sets to develop a discourse that investigates, appropriates, reveals and reflects upon the society and environment that generates this medium. Datascape presents a range of works that use data as building blocks to facilitate connections and understanding around a range of personal, social and worldly issues. The exhibition is concerned with creating an opportunity for experiential discovery through engaging with work from some of the world’s prominent creatives in this field of practice. Utilising three thematic lenses: Generative Currents, the Anti-Sublime and the Human Context, the works offer a variety of pathways to traverse the Datascape. Lubi Thomas and Rachael Parsons, QUT Creative Industries Precinct"
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'We need to talk (Performace Space)' is a 3 channel audio work with round table and custom cushions, examining the discursive framework of LEVEL as a feminist art collective. It was included in the exhibition 'Sexes', curated by Bec Dean, Jeff Khan and Deborah Kelly, at Performance Space. The audio works feature recontextualised excerpts from a series of dinner party conversations, which focused on the role of women and feminism in the 21st century. Placed in a specially constructed ‘lazy susan’, this audio installation speaks of the experience of sharing information, ideas and experiences ‘around the table’. The fabric patterns on the floor cushions have been designed from banners created in collective workshops with women in Brisbane and Melbourne, Australia, as a way of translating personal statements and political ideas into the everyday.
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Dispute resolution processes such as mediation are now central to contemporary legal practice. For this reason it is critical that the law curriculum includes instruction on mediation ethics, so that law graduates enter the profession equipped to deal with ethical dilemmas arising in this context. However, our recent content analysis of the unit outlines for professional responsibility subjects in Australian law schools indicates that this important area of legal ethics is often excluded from the curriculum. In most Australian law schools, dispute resolution subjects (where mediation ethics might also be considered) continue to be offered as stand-alone electives in the law degree. This means that many law students are graduating without the ethical knowledge and judgment-making skills needed in dispute resolution environments. This is contrary to the intentions of the Threshold Learning Outcomes for Law. This paper argues that the current paucity of mediation ethics instruction in the Australian law curriculum is problematic, given mediation’s relevance to contemporary legal practice. The paper discusses the importance of including mediation ethics in the law curriculum, and the importance of dispute resolution more broadly as a mandatory component of the law degree in Australia. It offers an outline of a possible mediation ethics module that could be included in professional responsibility subjects.
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As of now, there is little evidence on the questions of whether pro bono services are effective, whether lawyer charity is a cheaper way to provide them (because it does cost money to do pro bono), or whether it would in fact be more efficient and effective if firms and attorneys stopped giving their time and instead donated money to the organizations already specializing in these clients and causes. Pro bono may or may not be an efficient way of doing socially important work; at this point, we simply do not know