Sodomy laws and gender variance in Tahiti and Hawai‘i

In both Hawaiian and Tahitian, the central meaning of mahu denotes gender-variant individuals, particularly male-bodied persons who have a significant investment in femininity. However, in Hawai‘i, unlike Tahiti, the word mahu is now more commonly used as an insult against gay or transgender people. The negative connotation of the term in Hawaiian indexes lower levels of social acceptability for mahu identity on O‘ahu (Hawai‘i’s most populous island) as compared to Tahiti. The article argues that these differences are partly due to a historical legacy of sexually repressive laws. The article traces the history of sodomy laws in these two Polynesian societies and argues that this history supports the hypothesis that sodomy laws (in conjunction with such social processes as urbanisation and Christianisation) are partially to blame for the diminished social status of mahu on O‘ahu. A different social and legal history in Tahiti accounts for the fact that the loss of social status experienced by Tahitian mahu has been lesser than that of their Hawaiian counterparts.

Workers with elderly dependants: employment law’s response to the latest care-giving conundrum

This paper considers how employment laws are being used in response to what we have termed ‘the eldercare/workplace conundrum’. It is well known that people are now living longer but health is still failing in a significant percentage of older people, meaning that many adults require care for longer, albeit to varying degrees and for varying amounts of time. Many of these individuals will receive care from relatives or close friends who are participating in the labour market: this is increasingly likely as adults are expected / wanting to remain in paid work for longer, often into their 60s and 70s. The requirements of elderly dependants can cause these workers huge difficulties and dilemmas as they attempt, across time, to accommodate the particular needs of the person for whom they wish to provide care, often a loved one, and meet the particular demands of their employment relationship. In this paper we consider why this is an area of social policy that warrants effective legal engagement and consider, drawing on various examples of legal responses in other countries that face similar conundrums, what might improve legal engagement in this area.

A Posteriori analysis of discontinuous Galerkin schemes for systems of hyperbolic conservation laws

In this work we construct reliable a posteriori estimates for some semi- (spatially) discrete discontinuous Galerkin schemes applied to nonlinear systems of hyperbolic conservation laws. We make use of appropriate reconstructions of the discrete solution together with the relative entropy stability framework, which leads to error control in the case of smooth solutions. The methodology we use is quite general and allows for a posteriori control of discontinuous Galerkin schemes with standard flux choices which appear in the approximation of conservation laws. In addition to the analysis, we conduct some numerical benchmarking to test the robustness of the resultant estimator.

On aposteriori error analysis of dG schemes approximating hyperbolic conservation laws

This contribution is concerned with aposteriori error analysis of discontinuous Galerkin (dG) schemes approximating hyperbolic conservation laws. In the scalar case the aposteriori analysis is based on the L1 contraction property and the doubling of variables technique. In the system case the appropriate stability framework is in L2, based on relative entropies. It is only applicable if one of the solutions, which are compared to each other, is Lipschitz. For dG schemes approximating hyperbolic conservation laws neither the entropy solution nor the numerical solution need to be Lipschitz. We explain how this obstacle can be overcome using a reconstruction approach which leads to an aposteriori error estimate.

Do laws influence the cost of real estate brokerage services? A state fixed effects approach

A FTC-DOJ study argues that state laws and regulations may inhibit the unbundling of real estate brokerage services in response to new technology. Our data show that 18 states have changed laws in ways that promote unbundling since 2000. We model brokerage costs as measured by number of agents in a state-level annual panel vector autoregressive framework, a novel way of analyzing wasteful competition. Our findings support a positive relationship between brokerage costs and lagged house price and transactions. We find that change in full-service brokers responds negatively (by well over two percentage points per year) to legal changes facilitating unbundling

Family-friendly employment laws (re)assessed: the potential of care ethics

In light of various reforms in recent years, this article provides a (re)assessment of the broad package of family-friendly employment rights and relevant dispute resolution procedure now available to pregnant workers and working carers. It exposes how the realities of working life for many pregnant workers and carers and the long standing desire to promote gender equality in informal care-work remain at odds with the legal framework. An argument is presented in favour of an approach that, based upon the concept of care ethics, better engages with the impact of the provisions upon crucial interdependent care relationships.

Conservation laws and tachyon potentials in the sliver frame

Conservation laws have provided an elegant and efficient tool to evaluate the open string field theory interaction vertex, they have been originally implemented in the case where the string field is expanded in the Virasoro basis. In this work we derive conservation laws in the case where the string field is expanded in the so-called sliver L(0)-basis. As an application of this new set of conservation laws, we compute the open string field action relevant to the tachyon condensation and in order to present not only an illustration but also an additional information, we evaluate the action without imposing a gauge choice.

ENO adaptive method for solving one-dimensional conservation laws

In this work an efficient third order non-linear finite difference scheme for solving adaptively hyperbolic systems of one-dimensional conservation laws is developed. The method is based oil applying to the solution of the differential equation an interpolating wavelet transform at each time step, generating a multilevel representation for the solution, which is thresholded and a sparse point representation is generated. The numerical fluxes obtained by a Lax-Friedrichs flux splitting are evaluated oil the sparse grid by an essentially non-oscillatory (ENO) approximation, which chooses the locally smoothest stencil among all the possibilities for each point of the sparse grid. The time evolution of the differential operator is done on this sparse representation by a total variation diminishing (TVD) Runge-Kutta method. Four classical examples of initial value problems for the Euler equations of gas dynamics are accurately solved and their sparse solutions are analyzed with respect to the threshold parameters, confirming the efficiency of the wavelet transform as an adaptive grid generation technique. (C) 2008 IMACS. Published by Elsevier B.V. All rights reserved.

Corporate liability for workplace deaths and injuries-reflecting on Victoria's laws in the light of the Esso Longford explosion

The purpose of this article is to consider some different legal models for the liability of corporations for the deaths and serious injuries of their employees, with particular emphasis on the law in Victoria.

Two recent developments in Victoria prompt this consideration. First, on 30 July 2001, the Victorian Supreme Court handed down its sentencing decision in the case arising from the explosion on 25 September 1998 at the Longford gas plant operated by Esso Australia Pty Ltd. The decision marked the end of the formal public consideration of a devastating event in Victorian industrial history, which began with the Royal Commission set up on 20 October 1998 to investigate the causes of an explosion in which two workers died and eight others were injured. Second, in early 2002, the Victorian Government failed in its attempt to introduce new criminal offences for corporate employers whose employees are killed or seriously injured at work. In spite of their failure to be passed by the Legislative Council in Victoria, these proposals warrant consideration. They represent a growing trend by policy makers in attempting to address more effectively the question of the liability for deaths and serious injuries of workers to employers who operate through the corporate form.

So far so good? : A critical evaluation of racial vilification laws in Australia

Problems with Australia's racial vilification laws - s 18C of the Commonwealth's Racial Discrimination Act - free speech and public interest defences under the Racial Discrimination Act as well as State and Territory racial vilification laws - impact of free speech cases on the content of the racial vilification defences.

So far no good: the regulatory failure of criminal racial vilification laws in Australia

This article considers the efficacy of the two main legislative models in Australia which make racial vilification a crime. To this end, it considers whether the laws are compatible with the protection and promotion of freedom of speech; whether they sit comfortably within the existing criminal law frameworks; and whether the text of the offences is sufficiently clear and precise. It considers that the current models are fundamentally flawed and ought to be repealed, arguing, instead, for a particular kind of penalty enhancement statute.