Modulating power and 'new weapons': Taking aim at the education revolution

This paper looks at the emergent performative culture seducing education in the Australian context. It links this corporate discourse to Deleuzean theorising of control societies to postulate that what we are experiencing is a new form of power relations – that of the modulating mechanisms of power. These modulating mechanisms overlay disciplinary power such that the self is modulated through the amplification and frequencies of the instruments of modulation: the simulation, the categorical sorting and the sample. These instruments are increasingly utilised within the performative culture of the Australian Federal Government’s Education Revolution as examples of the performative ‘terror’ or the abstraction of the self from the terrain in which they move. Finally, some new weapons are suggested that may offer preliminary and tentative ‘movement’ in deterritorialising ways through the enclosed spaces of mass, compulsory school and the policy that shapes it.

Trick or treaty?: The Australian debate over the Anti-Counterfeiting Trade Agreement

The secretive 2011 Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement 1994, and TRIPS-Plus Agreements, such as the Australia-United States Free Trade Agreement 2004. ACTA lacks the language of other international intellectual property agreements, which emphasise the need to balance the protection of intellectual property owners with the wider public interest in access to medicines, human development, and transfer of knowledge and technology. In Australia, there was much controversy both about the form and the substance of ACTA. While the Department of Foreign Affairs and Trade was a partisan supporter of the agreement, a wide range of stakeholders were openly critical. After holding hearings and taking note of the position of the European Parliament and the controversy in the United States, the Joint Standing Committee on Treaties in the Australian Parliament recommended the deferral of ratification of ACTA. This was striking as representatives of all the main parties agreed on the recommendation. The committee was concerned about the lack of transparency, due process, public participation, and substantive analysis of the treaty. There were also reservations about the ambiguity of the treaty text, and its potential implications for the digital economy, innovation and competition, plain packaging of tobacco products, and access to essential medicines. The treaty has provoked much soul-searching as to whether the Trick or Treaty reforms on the international treaty-making process in Australia have been compromised or undermined. Although ACTA stalled in the Australian Parliament, the debate over it is yet to conclude. There have been concerns in Australia and elsewhere that ACTA will be revived as a ‘zombie agreement’. Indeed, in March 2013, the Canadian government introduced a bill to ensure compliance with ACTA. Will it be also resurrected in Australia? Has it already been revived? There are three possibilities. First, the Australian government passed enhanced remedies with respect to piracy, counterfeiting and border measures in a separate piece of legislation – the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth). Second, the Department of Foreign Affairs and Trade remains supportive of ACTA. It is possible, after further analysis, that the next Australian Parliament – to be elected in September 2013 – will ratify the treaty. Third, Australia is involved in the Trans-Pacific Partnership negotiations. The government has argued that ACTA should be a template for the Intellectual Property Chapter in the Trans-Pacific Partnership. The United States Trade Representative would prefer a regime even stronger than ACTA. This chapter provides a portrait of the Australian debate over ACTA. It is the account of an interested participant in the policy proceedings. This chapter will first consider the deliberations and recommendations of the Joint Standing Committee on Treaties on ACTA. Second, there was a concern that ACTA had failed to provide appropriate safeguards with respect to civil liberties, human rights, consumer protection and privacy laws. Third, there was a concern about the lack of balance in the treaty’s copyright measures; the definition of piracy is overbroad; the suite of civil remedies, criminal offences and border measures is excessive; and there is a lack of suitable protection for copyright exceptions, limitations and remedies. Fourth, there was a worry that the provisions on trademark law, intermediary liability and counterfeiting could have an adverse impact upon consumer interests, competition policy and innovation in the digital economy. Fifth, there was significant debate about the impact of ACTA on pharmaceutical drugs, access to essential medicines and health-care. Sixth, there was concern over the lobbying by tobacco industries for ACTA – particularly given Australia’s leadership on tobacco control and the plain packaging of tobacco products. Seventh, there were concerns about the operation of border measures in ACTA. Eighth, the Joint Standing Committee on Treaties was concerned about the jurisdiction of the ACTA Committee, and the treaty’s protean nature. Finally, the chapter raises fundamental issues about the relationship between the executive and the Australian Parliament with respect to treaty-making. There is a need to reconsider the efficacy of the Trick or Treaty reforms passed by the Australian Parliament in the 1990s.

Australian Consumer Law Commentary and Materials [5th Ed.]

"The Australian Consumer Law came into operation on 1 January 2011 as a single national law. It replaced 17 different pieces of Commonwealth, State and Territory legislation relating to consumer protection. Its introduction meant that for the first time, consumers throughout Australia had the same rights and remedies and correspondingly, businesses had the same obligations and responsibilities towards consumers without the barrier of confusing and expensive local variations in the law. Australian Consumer Law: Commentary and Materials contains up-to-date material on the Australian Consumer Law, and in particular the fifth edition incorporates: a revised treatment of unconscionability, taking account of the changes to Part 2-2 of the ACL that became effective in 2012; other State and Federal provisions relating to unfair terms and cases such as Kakavas v Crown Melbourne, ACCC v Lux Distributors, Director of Consumer Affairs v Scully and PT Ltd v Spuds Surf; a comprehensive treatment of the impact of Google v ACCC, Forrest v ASIC and ACCC v TPG – the trilogy of decisions that provide the most recent insights into the High Court’s thinking on aspects of the prohibitions of misleading conduct in the ACL and the Corporations Act 2001; numerous decisions of note; and the possible impact of the Harper Review."--publisher website

A note on Gittins indexes for pharmaceutical research

The Bernoulli/exponential target process is considered. Such processes have been found useful in modelling the search for active compounds in pharmaceutical research. An inequality is presented which improves a result of Gittins (1989), thus providing a better approximation to the Gittins indices which define the optimal search policy.

A Note on the Genericity of Simultaneous Stabilizability and Pole Assignability

n this paper we study the genericity of simultaneous stabilizability, simultaneous strong stabilizability, and simultaneous pole assignability, in linear multivariable systems. The main results of the paper had been previously established by Ghosh and Byrnes using state-space methods. In contrast, the proofs in the present paper are based on input-output arguments, and are much simpler to follow, especially in the case of simultaneous and simultaneous strong stabilizability. Moreover, the input-output methods used here suggest computationally reliable algorithms for solving these two types of problems. In addition to the main results, we also prove some lemmas on generic greatest common divisors which are of independent interest.

Experimental and Analytical Investigations of the actions taking place in a Synchronous machine during the starting period when the starting Is effected by means of alternating current

The literature on the subject of the present investigation is somewhat meagre. A rotary converter or synchronous motor no! provided with any special starting devices forms, when started from the alternating current side, a type of induction motor whoso Htator is provided with a polyphase winding, and whoso rotor has a single-phase (or single magnetic axis) winding.

Note on the Similarity Solutions of Unsteady Jets in Rotating Fluids

The structure of time dependent jets in rotating fluids using similarity transformations is studied theoretically for which exact solutions are discussed. Approximate solution using a modified yon Mises transformation is also explored.

A note on acyclic edge coloring of complete bipartite graphs

An acyclic edge coloring of a graph is a proper edge coloring such that there are no bichromatic (2-colored) cycles. The acyclic chromatic index of a graph is the minimum number k such that there is an acyclic edge coloring using k colors and is denoted by a'(G). Let Delta = Delta(G) denote the maximum degree of a vertex in a graph G. A complete bipartite graph with n vertices on each side is denoted by K-n,K-n. Alon, McDiarmid and Reed observed that a'(K-p-1,K-p-1) = p for every prime p. In this paper we prove that a'(K-p,K-p) <= p + 2 = Delta + 2 when p is prime. Basavaraju, Chandran and Kummini proved that a'(K-n,K-n) >= n + 2 = Delta + 2 when n is odd, which combined with our result implies that a'(K-p,K-p) = p + 2 = Delta + 2 when p is an odd prime. Moreover we show that if we remove any edge from K-p,K-p, the resulting graph is acyclically Delta + 1 = p + 1-edge-colorable. (C) 2009 Elsevier B.V. All rights reserved.

Note On The Stability Of Parallel Magnetic-Fields - Comment

It is shown that the conclusions arrived at regarding the instability of an incompressible fluid cylinder in the presence of the magnetic field and the streaming velocity in a recent communication easily follow from the study of propagation characteristics of Alfvén surface waves along cylindrical plasma columns made earlier.

A note on the existence of Alfvén surface waves

The Alfvén surface waves can arise due to the discontinuity in the Alfvén speed across the interface along which these waves propagate. This note studies the relationship between v A1 and v A2 which is required for the existence of Alfvén surface waves in low-beta.

Note on the one-parameter scaling theory of localisation

The necessary and sufficient condition for the existence of the one-parameter scale function, the /Munction, is obtained exactly. The analysis reveals certain inconsistency inherent in the scaling theory, and tends to support Motts’ idea of minimum metallic conductivity.