Discourse of conscience in the assessment of voluntary assignments in equity

This article examines the continuing suitability of the existing Australian test for determining when a voluntary assignment of legal property has passed in equity. It suggests that the current test, which focuses upon the ‘completion’ by the donor of the all the necessary transfer formalities, and the underlying equitable maxims that support it, should be revised to better reflect the dual concerns of assignment and constructive trust. The article reviews the English authorities, in particular the English Court of Appeal in Pennington v Waine, which held that the equitable jurisdiction can validate a voluntary assignment of legal property where, in the circumstances, it would be unconscionable to allow the donor to resile. It is argued that this approach represents an appropriate progression because it provides greater scope for a particularised examination of the intention, circumstances and behaviour surrounding the purported assignment. A test which encourages greater contextual examination of the overall circumstances underlying the assignment process is consistent with the core expectations of equitable methodology. It supports the multi-layered process of determining whether a donor intended the assignment and further, whether that donor should be held liable as constructive trustee.

Making difference SUPER : a critical approach to the politics of celebrity-authored children's books

Recent years have seen a flood of celebrity-authored children’s books enter the children’s literature marketplace. This paper tracks the evolution of this phenomenon as it pertains to contemporary celebrity culture, and responds to the question: what are the embedded messages about identity at play in such texts? The key contention here is that these works endorse celebrity as the most desirable identity category for the children of the new millennium, going so far as to position difference as a commodity to be traded in the quest for fame. Using critical theory around celebrity culture, and through a close reading of a short celebrity-authored picture book, this paper demonstrates that far from being innocuous pieces of popular culture, such books beckon children into a world that increasingly values visibility and stardom above all else.

Expanding the horizons of accounting education : incorporating social and critical perspectives

This paper examines a case of accounting education change in the context of increased interest in ethical, social, and environmental accountability, presenting a reflexive case study of a new university accounting subject incorporating social and critical perspectives. Foundational pedagogical principles and key aspects of curriculum are outlined. The pedagogy draws on the integration of humanistic and formative education (principally based on Gramscian and Freirean approaches) and deep and elaborative learning. Two key aspects of curriculum and pedagogy are analysed. First, a curriculum based on a broad conception of accounting and accountability as power-laden social processes, drawing on a range of research literature. Second, the adoption of an authentic, supportive, and collegial team teaching approach. Students’ feedback relating to identified issues is presented. The paper contributes to the renewal of the social and ethical worth of accounting education, concluding that deep accounting educational change encompasses both the content and practice of classroom activity and changes in the self-consciousness of staff and students.

How did we ever arrive at the conclusion that teachers are the problem? A critical reading in the discourses of Australian schooling

A Quality Teacher debate is presented within historical and contemporary contexts, including a political history of Australian schooling over the last 20 or so years. It is argued that there is a crisis of confidence in schooling, which is currently being played out by positioning teachers as the 'problem' and not just the 'solution' to this crisis.

New online ethnicities and the politics of representation

The paper interrogates the literature on online cultural and religious identities through a critical engagement of Stuart Hall's work on new ethnicity and regimes of representation. It suggests that this literature conflates Hall's notion of ‘new ethnicity’ with one that argues that online cultural and religious identities are ‘new’ because of transnational and global processes, the pervasiveness of computer-mediated communication and the global mobility of immigrants. Thus, current research on online ethnic and religious identities underestimates the complexity of Hall's concept and to highlight this complexity we ponder the extent to which new online ethnicities – as expressed in the current literature – reflect, construct or renegotiate so-called offline ethnicities. The paper concludes that online ethnic subjectivities, while providing alternative representations to counteract the dominant racist discourse within host societies, still reflect mimic essentialist voices.

Research subjects/research subjections : exploring the ethics and politics of critical research

I use this paper to reflect upon the ethics and politics of Critical Management Studies (CMS) research. I highlight a potential for problematic power relations in CMS and, drawing upon Foucault’s (1976) ‘five methodological precautions’ for analysing power, I explore these power relations as an effect of the micro-constitution of ‘subordinate’ and ‘superior’ subject positions within the research process. Through detailed analysis of a research interview transcript I illustrate how the researched’s ‘subordinate’ and researcher’s ‘superior’ subject positions may be constructed as an outcome of normal and well-intentioned CMS research.

The effects of testing procedure on critical fall height determination for third-generation synthetic turf

Test procedures and their accuracy in determining critical fall height (CFH) on sporting grounds are paramount to player safety. The procedure currently adopted for synthetic turf in Australian football [1] consists of four consecutive drops at various drop heights at three test locations on the sample. The quantity and packing of the infill in third-generation turf and the pooling effect of the rubber particles with consecutive drops suggests that the current standard protocol may need re-assessment. Therefore, the purpose of this pilot study was to investigate whether current methods of testing for CFH are appropriate for third-generation synthetic turf or whether an alternative or adapted method needs to be developed. CFH was measured, using a HISUN Uniaxe-II Impact Tester, on 12 combinations of synthetic turf samples (four different products with three shock pad options). Three conditions were investigated on each sample; the existing protocol; an alternative 12 single-drop protocol and four single drops from the CFH determined from the existing protocol. A significant difference was found for both absolute and percentage difference between the existing and 12 single-drop protocol, with p = 0.001 and t = 4.33 and p < 0.001 and t = 6.03, respectively. There was also a significant difference between the CFH reached with and without a shock pad for both the existing protocol and the 12 single-drop protocol. The results of this pilot study demonstrate that differences do occur with alterations to the existing protocol and highlight the need for a more detailed characterisation of testing methods on third-generation synthetic turf and the response of surfaces to them.

Functional imaging to understand biomechanics : a critical tool for the study of biology, pathology and the development of pharmacological solutions

We present four case studies of the literature discussing the effects of physical forces on biological function. While the field of biomechanics has existed for many decades, it may be considered by some a poor cousin to biochemistry and other traditional fields of medical research. In these case studies, including cardiovascular and respiratory systems, we demonstrate that, in fact, many systems historically believed to be controlled by biochemistry are dominated by biomechanics. We discuss both the previous paradigms that have advanced research in these fields and the changing paradigms that will define the progressions of these fields for decades to come. In the case of biomechanical effects of flowing blood on the endothelium, this has been well understood for decades. In the cases of platelet activation and liquid clearance from the lungs during birth, these discoveries are far more recent and perhaps not as universally accepted. While only a few specific examples are examined here, it is clear that not enough attention is paid to the possible mechanical links to biological function. The continued development of these research areas, with the inclusion of physical effects, will hopefully provide new insight into disease development, progression, diagnosis and effective therapies.