Dominating search: Google before the law

For many, particularly in the Anglophone world and Western Europe, it may be obvious that Google has a monopoly over online search and advertising and that this is an undesirable state of affairs, due to Google's ability to mediate information flows online. The baffling question may be why governments and regulators are doing little to nothing about this situation, given the increasingly pivotal importance of the internet and free flowing communications in our lives. However, the law concerning monopolies, namely antitrust or competition law, works in what may be seen as a less intuitive way by the general public. Monopolies themselves are not illegal. Conduct that is unlawful, i.e. abuses of that market power, is defined by a complex set of rules and revolves principally around economic harm suffered due to anticompetitive behavior. However the effect of information monopolies over search, such as Google’s, is more than just economic, yet competition law does not address this. Furthermore, Google’s collection and analysis of user data and its portfolio of related services make it difficult for others to compete. Such a situation may also explain why Google’s established search rivals, Bing and Yahoo, have not managed to provide services that are as effective or popular as Google’s own (on this issue see also the texts by Dirk Lewandowski and Astrid Mager in this reader). Users, however, are not entirely powerless. Google's business model rests, at least partially, on them – especially the data collected about them. If they stop using Google, then Google is nothing.

No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260

In Hayes v Westpac Banking Corporation [2015] QCA 260 the Queensland Court of Appeal examined the relationship between rules 7 (extending and shortening time) and 667 (setting aside) of the Uniform Civil Procedure Rules 1999 (Qld), and held that r667(1) does not enable the court to set aside or vary an order after the order has been filed. The court found that, to the extent that this conclusion was contrary to the decision in McIntosh v Linke Nominees Pty Ltd [2010] 1 Qd R 152, the decision in McIntosh was wrong and should not be followed.

Domestic violence on #qanda: The “Man” question in live Twitter discussion on the Australian Broadcasting Corporation's Q&A

Domestic violence is currently undergoing a period of heightened visibility in Australia. This article uses social media to analyze public discussions about this violence with respect to a specific theoretical frame, which Adrian Howe has called the “Man” question: where and how are men visible or invisible in narratives about their violence against women? The article presents a qualitative study of the Twitter conversation surrounding a special episode of the Australian Broadcasting Corporation's television program Q&A, themed around family violence, which aired in February 2015. We found that the place of men in this conversation was contested. Some tweets privileged men's voices and concerns, as did the organization and production of the program. However, feminist voices were also highly visible via presenting facts, legitimating survivor voices, and recuperating anti-feminist memes to challenge hegemonic patriarchal discourses on men's violence against women. La violence conjugale connait actuellement une visibilité accrue en Australie. Les auteures du présent article utilisent les réseaux sociaux pour analyser les débats publics sur cette violence selon un cadre théorique précis, qu'Adrian Howe a appelé la question de « l'homme » : où et comment les hommes sont-ils visibles ou invisibles dans les récits de leur violence envers les femmes? L'article présente une étude qualitative d'une conversation sur Twitter au sujet d'un épisode axé sur la famille diffusé en février 2015 dans le cadre de l'émission Q & A, à la télévision nationale d'Australie. Nous avons remarqué que dans cette conversation la place des hommes était remise en question. Certains tweets privilégiaient les voix et les craintes des hommes, comme l'ont fait les organisateurs et les producteurs de l'émission. Cependant, il y avait une forte présence de voix féministes dans la présentation des faits, légitimant le point de vue des survivantes et relevant des éléments culturels antiféministes afin de défier les discours hégémoniques et patriarcaux sur la violence des hommes envers les femmes.

The relationship between class participation and law students' learning, engagement and stress: Do demographics matter?

Student participation in the classroom has long been regarded as an important means of increasing student engagement and enhancing learning outcomes by promoting active learning. However, the approach to class participation common in U.S. law schools, commonly referred to as the Socratic method, has been criticised for its negative impacts on student wellbeing. A multiplicity of American studies have identified that participating in law class discussions can be alienating, intimidating and stressful for some law students, and may be especially so for women, and students from minority backgrounds. Using data from the Law School Student Assessment Survey (LSSAS), conducted at UNSW Law School in 2012, this Chapter provides preliminary insights into whether assessable class participation (ACP) at an Australian law school is similarly alienating and stressful for students, including the groups identified in the American literature. In addition, we compare the responses of undergraduate Bachelor of Laws (LLB) and graduate Juris Doctor (JD) students. The LSSAS findings indicate that most respondents recognise the potential learning and social benefits associated with class participation in legal education, but remain divided over their willingness to participate. Further, in alignment with general trends identified in American studies, LLB students, women, international students, and non-native English speakers perceive they contribute less frequently to class discussions than JD students, males, domestic students, and native English speakers, respectively. Importantly, the LSSAS indicates students are more likely to be anxious about contributing to class discussions if they are LLB students (compared to their JD counterparts), and if English is not their first language (compared to native English speakers). There were no significant differences in students’ self-reported anxiety levels based on gender, which diverges from the findings of American research.

(Failed) voluntary euthanasia law reform in Australia: Two decades of trends, models and politics

Within Australia, there have been many attempts to pass voluntary euthanasia (VE) or physician-assisted suicide (PAS) legislation. From 16 June 1993 until the date of writing, 51 Bills have been introduced into Australian parliaments dealing with legalising VE or PAS. Despite these numerous attempts, the only successful Bill was the Rights of the Terminally Ill Act 1995 (NT), which was enacted in the Northern Territory, but a short time later overturned by the controversial Euthanasia Laws Act 1997 (Cth). Yet, in stark contrast to the significant political opposition, for decades Australian public opinion has overwhelmingly supported law reform legalising VE or PAS. While there is ongoing debate in Australia, both through public discourse and scholarly publications, about the merits and dangers of reform in this field, there has been remarkably little analysis of the numerous legislative attempts to reform the law, and the context in which those reform attempts occurred. The aim of this article is to better understand the reform landscape in Australia over the past two decades. The information provided in this article will better equip Australians, both politicians and the general public, to have a more nuanced understanding of the political context in which the euthanasia debate has been and is occurring. It will also facilitate a more informed debate in the future.

Optimal infinite-horizon feedback laws for a general class of constrained discrete-time systems: stability and moving-horizon approximations

Stability results are given for a class of feedback systems arising from the regulation of time-varying discrete-time systems using optimal infinite-horizon and moving-horizon feedback laws. The class is characterized by joint constraints on the state and the control, a general nonlinear cost function and nonlinear equations of motion possessing two special properties. It is shown that weak conditions on the cost function and the constraints are sufficient to guarantee uniform asymptotic stability of both the optimal infinite-horizon and movinghorizon feedback systems. The infinite-horizon cost associated with the moving-horizon feedback law approaches the optimal infinite-horizon cost as the moving horizon is extended.

Adaptive optimal tuning of a general class of stable LTI systems with restricted inputs

The problem addressed is one of model reference adaptive control (MRAC) of asymptotically stable plants of unknown order with zeros located anywhere in the s-plane except at the origin. The reference model is also asymptotically stable and lacking zero(s) at s = 0. The control law is to be specified only in terms of the inputs to and outputs of the plant and the reference model. For inputs from a class of functions that approach a non-zero constant, the problem is formulated in an optimal control framework. By successive refinements of the sub-optimal laws proposed here, two schemes are finally design-ed. These schemes are characterized by boundedness, convergence and optimality. Simplicity and total time-domain implementation are the additional striking features. Simulations to demonstrate the efficacy of the control schemes are presented.

Generalized distributive law for ML decoding of STBCs

The Generalized Distributive Law (GDL) is a message passing algorithm which can efficiently solve a certain class of computational problems, and includes as special cases the Viterbi's algorithm, the BCJR algorithm, the Fast-Fourier Transform, Turbo and LDPC decoding algorithms. In this paper GDL based maximum-likelihood (ML) decoding of Space-Time Block Codes (STBCs) is introduced and a sufficient condition for an STBC to admit low GDL decoding complexity is given. Fast-decoding and multigroup decoding are the two algorithms used in the literature to ML decode STBCs with low complexity. An algorithm which exploits the advantages of both these two is called Conditional ML (CML) decoding. It is shown in this paper that the GDL decoding complexity of any STBC is upper bounded by its CML decoding complexity, and that there exist codes for which the GDL complexity is strictly less than the CML complexity. Explicit examples of two such families of STBCs is given in this paper. Thus the CML is in general suboptimal in reducing the ML decoding complexity of a code, and one should design codes with low GDL complexity rather than low CML complexity.

A general geomorphological recession flow model for river basins

Recession flows in a basin are controlled by the temporal evolution of its active drainage network (ADN). The geomorphological recession flow model (GRFM) assumes that both the rate of flow generation per unit ADN length (q) and the speed at which ADN heads move downstream (c) remain constant during a recession event. Thereby, it connects the power law exponent of -dQ/dt versus Q (discharge at the outlet at time t) curve, , with the structure of the drainage network, a fixed entity. In this study, we first reformulate the GRFM for Horton-Strahler networks and show that the geomorphic ((g)) is equal to D/(D-1), where D is the fractal dimension of the drainage network. We then propose a more general recession flow model by expressing both q and c as functions of Horton-Strahler stream order. We show that it is possible to have = (g) for a recession event even when q and c do not remain constant. The modified GRFM suggests that is controlled by the spatial distribution of subsurface storage within the basin. By analyzing streamflow data from 39 U.S. Geological Survey basins, we show that is having a power law relationship with recession curve peak, which indicates that the spatial distribution of subsurface storage varies across recession events. Key Points The GRFM is reformulated for Horton-Strahler networks. The GRFM is modified by allowing its parameters to vary along streams. Sub-surface storage distribution controls recession flow characteristics.

A new hardening law for strain gradient plasticity

A new hardening law of the strain gradient theory is proposed in this paper, which retains the essential structure of the incremental version of conventional J(2) deformation theory and obeys thermodynamic restrictions. The key feature of the new proposal is that the term of strain gradient plasticity is represented as an internal variable to increase the tangent modulus. This feature which is in contrast to several proposed theories, allows the problem of incremental equilibrium equations to be stated without higher-order stress, higher-order strain rates or extra boundary conditions. The general idea is presented and compared with the theory given by Fleck and Hutchinson (Adv. in Appl. Mech. (1997) 295). The new hardening law is demonstrated by two experimental tests i.e. thin wire torsion and ultra-thin beam bending tests. The present theoretical results agree well with the experiment results.

The art of human rights : enriching the life of the law school through drawings and other visual resource

In the life of the Law School, focus on the “visual” can operate at three different levels: learning, teaching, and examining (legal concepts). My main interest in this paper is to explore the latter level, “examining”, broadly considered so as to encompass evaluation in general. Furthermore, that interest is pinned down here to the area of constitutional rights and human rights in general, even though the conclusions reached can (and should) likely be extrapolated to other areas of the law... In effect, the first logical step regarding the relevance of the visual approach has to do with using it yourself when you study —assuming that you came to the conclusion that you are a “visual learner”. As you know, VARK theorists propose a quadripartite classification of learners. The acronym VARK stands for Visual, Aural, Read/write, and Kinesthetic sensory modalities that are used for learning information. This model was designed in the late 80s by Neil Fleming and it has received some acceptance and a lot of attention...

Una teoría general para la enseñanza del derecho civil : una propuesta para el Bicentenario

Resumen: El presente trabajo propone elementos para una reformulación de la enseñanza del Derecho Civil en la Argentina del Bicentenario. Parte del análisis del estado actual de la enseñanza en esta rama jurídica, con especial referencia a sus etapas históricas. Considera luego lo que se denomina “el modelo del cententario”, con particular atención a la influencia de la modernidad ilustrada y la cultura del Código. Evalúa luego la cuestión a partir de la tensión entre modernidad ilustrada y posmodernidad, proponiendo una alternativa al modelo de enseñanza surgido de la posmodernidad. Como hipótesis de trabajo propone una lectura de la denominada cultura jurídica desde los principios del derecho, y aportar así una alternativa desde la perspectiva del realismo jurídico clásico.

Study of drag reduction by gas injection for power-law fluid flow in horizontal stratified and slug flow regimes

In this work, the drag reduction by gas injection for power-law fluid flow in stratified and slug flow regimes has been studied. Experimentswere conducted to measure the pressure gradient within air/CMC solutions in a horizontal Plexiglas pipe that had a diameter of 50mm and a length of 30 m. The drag reduction ratio in stratified flow regime was predicted using the two-fluid model. The results showed that the drag reduction should occur over the large range of the liquid holdup when the flow behaviour index remained at the low value. Furthermore, for turbulent gas-laminar liquid stratified flow, the drag reduction by gas injection for Newtonian fluid was more effective than that for shear-shinning fluid, when the dimensionless liquid height remained in the area of high value. The pressure gradient model for a gas/Newtonian liquid slug flow was extended to liquids possessing the Ostwald–de Waele power law model. The proposed model was validated against 340 experimental data point over a wide range of operating conditions, fluid characteristics and pipe diameters. The dimensionless pressure drop predicted was well inside the 20% deviation region for most of the experimental data. These results substantiated the general validity of the model presented for gas/non-Newtonian two-phase slug flows.

Intensity-moments characterization of general pulsed paraxial beams with the Wigner distribution function

On the basis of the space-time Wigner distribution function (STWDF), we use the matrix formalism to study the propagation laws for the intensity moments of quasi-monochromatic and polychromatic pulsed paraxial beams. The advantages of this approach are reviewed. Also, a least-squares fitting method for interpreting the physical meaning of the effective curvature matrix is described by means of the STWDF. Then the concept is extended to the higher-order situation, and what me believe is a novel technique for characterizing the beam phase is presented. (C) 1999 Optical Society of America [S0740-3232(99)001009-1].