The issue of consent: For the plaintiff or defendant to prove in trespass to person?

In White v Johnston1 the vexed question of whether it is for a plaintiff to prove lack of consent to a trespass to person or for the defendant to establish consent as defence was considered. The court also considered the principles of assessing an award of exemplary damages...

Lock the gate: Fracking, investor-state dispute settlement, and the Trans-Pacific Partnership

There has been much debate about the relationship between international trade, the environment, biodiversity protection, and climate change.The Obama Administration has pushed such issues into sharp relief, with its advocacy for sweeping international trade agreements, such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership. There has been much public concern about the impact of the mega-trade deals upon the protection of the environment. In particular, there has been a debate about whether the Trans-Pacific Partnership will promote dirty fracking. Will the Trans-Pacific Partnership transform the Pacific Rim into a Gasland?There has been a particular focus upon investor-state dispute settlement being used by unconventional mining companies. Investor-state dispute settlement is a mechanism which enables foreign investors to seek compensation from national governments at international arbitration tribunals. In her prescient 2009 book, The Expropriation of Environmental Governance, Kyla Tienhaara foresaw the rise of investor-state dispute resolution of environmental matters. She observed:'Over the last decade there has been an explosive increase of cases investment arbitration. This is significant in terms of not only the number of disputes that have arisen and the number of states that have been involved, but also the novel types of dispute that have emerged. Rather than solely involving straightforward incidences of nationalization or breach of contract, modern disputes often revolve around public policy measures and implicate sensitive issues such as access to drinking water, development on sacred indigenous sites and the protection of biodiversity.'In her study, Kyla Tienhaara observed that investment agreements, foreign investment contracts and investment arbitration had significant implications for the protection for the protection of the environment. She concluded that arbitrators have made it clear that they can, and will, award compensation to investors that claim to have been harmed by environmental regulation. She also found that some of the cases suggest that the mere threat of arbitration is sufficient to chill environmental policy development. Tienhaara was equally concerned by the possibility that a government may use the threat of arbitration as an excuse or cover for its failure to improve environmental regulation. In her view, it is evident that arbitrators have expropriated certain fundamental aspects of environmental governance from states. Tienhaara held: As a result, environmental regulation has become riskier, more expensive, and less democratic, especially in developing countries. This article provides a comparative analysis of the battles over fracking, investment, trade, and the environment in a number of key jurisdictions including the United States, Canada, Australia, and New Zealand. Part 1 focuses upon the United States. Part 2 examines the dispute between the Lone Pine Resources Inc. and the Government of Canada over a fracking moratorium in Quebec. Part 3 charts the rise of the Lock the Gate Alliance in Australia, and its demands for a moratorium in respect of coal seam gas and unconventional mining. Part 4 focuses upon parallel developments in New Zealand. This article concludes that Pacific Rim countries should withdraw from investor-state dispute settlement procedures, because of the threat posed to environmental regulation in respect of air, land, and water.

National Profiles of In-Country Capacity to Support Disability-Inclusive Education; Fiji, Samoa, Soloman Islands and Vanuatu

This publication emanates from the four-country research project entitled “Strengthening capacity for disability-inclusive education development policy formulation, implementation and monitoring in the South Pacific region” funded by the Australian Development Research Award Scheme (ADRAS) and conducted jointly by the academic staff from the Queensland University of Technology and the University of the South Pacific.

Mobilising School and Community Engagement to Implement Disability-Inclusive Education through Action Research: Fiji, Samoa, Solomon Islands and Vanuatu

This publication emanates from the four-country research project entitled “Strengthening capacity for disability-inclusive education development policy formulation, implementation and monitoring in the South Pacific region” funded by the Australian Development Research Award Scheme (ADRAS) and conducted jointly by the academic staff from the Queensland University of Technology and the University of the South Pacific.

The artist is a thief: A book review

Stephen Gray is a writer and law lecturer who has been living in Darwin since 1989. He started out writing formal legal pieces about how copyright law had unsuccessfully sought to accommodate Aboriginal art. Such work led him to further investigate the philosophical questions underlying the legal issues affecting both traditional and urban Indigenous people. Gray has also explored matters of bioprospecting in relation to Indigenous biological resources. He has investigated the introduction of a label of authenticity into Australia. Gray has also published a number of articles about other legal issues affecting Indigenous people. He has explored such topics as native title, customary law, alternative dispute resolution, and criminal law. Gray has recently been awarded The Australian/ Vogel Literary Award for his novel The Artist is a Thief. He was inspired to write a book after being sent out to a community on a possible copyright claim as part of his job in the law faculty of Northern Territory University: "I wrote an academic article and then a more philosophical piece talking about the copyright act and the way it doesn't really protect traditional artists who have a very different view of the place of their art. The pieces were interesting, but I felt there was something more there that needed a fictional expression as well." It is ironic that such a self-conscious and sophisticated meditation upon appropriation and authenticity should win The Australian/ Vogel Literary Award. The inaugural award in 1980 was won by Paul Radley, who later revealed his books were mostly written by his uncle, and in 1993 it was won by Helen Demidenko, aka Darville, who had lied about her Ukrainian background and family history.

Do Nobel laureates change their patterns of collaboration following prize reception?

We investigate whether Nobel laureates’ collaborative activities undergo a negative change following prize reception by using publication records of 198 Nobel laureates and analyzing their coauthorship patterns before and after the Nobel Prize. The results overall indicate less collaboration with new coauthors post award than pre award. Nobel laureates are more loyal to collaborations that started before the Prize: looking at coauthorship drop-out rates, we find that these differ significantly between coauthorships that started before the Prize and coauthorships after the Prize. We also find that the greater the intensity of pre-award cooperation and the longer the period of pre-award collaboration, the higher the probability of staying in the coauthor network after the award, implying a higher loyalty to the Nobel laureate.

African mahogany (Khaya senegalensis) plantations in Australia - status, needs and progress

The Australian African mahogany estate comprises over 12,000 ha of industrial plantations, farm-forestry plots and trials, virtually all derived from Africa-sourced wild seed. However, the better trees have given high-value products such as veneers, high-grade boards and award-winning furniture. Collaborative conservation and improvement by the Northern Territory (NT) and Queensland governments since 2000 realised seed orchards, hedge gardens and genetic tests revealing promising clones and families. Private sector R&D since the mid 2000s includes silvicultural-management and wood studies, participatory testing of government material and establishing over 90 African provenances and many single-tree seedlots in multisite provenance and family trials. Recent, mainly public sector research included a 5-agency project of 2009-12 resulting in advanced propagation technologies and greater knowledge of biology, wood properties and processing. Operational priority in the short term should focus on developing seed production areas and ‘rolling front’ clonal seed orchards. R&D priorities should include: developing and implementing a collaborative improvement strategy based on pooled resources; developing non-destructive evaluation of select-tree wood properties, micropropagation (including field testing of material from this source) to ‘industry ready’ and a select-tree index; optimising seed production in orchards; advancing controlled pollination techniques; and maximising benefits from the progeny, clone and provenance trials. Australia leads the world in improvement and ex situ conservation of African mahogany based on the governments’ 13-year program and more recent industry inputs such that accumulated genetic resources total over 120 provenances and many families from 15 of the 19 African countries of its range. Having built valuable genetic resources, expertise, technologies and knowledge, the species is almost ‘industry ready’. The industry will benefit if it exploits the comparative advantage these assets provide. However the status of much of the diverse germplasm introduced since the mid 2000s is uncertain due to changes in ownership. Further, recent reductions of government investment in forestry R&D will be detrimental unless the industry fills the funding gaps. Expansion and sustainability of the embryonic industry must capitalise on past and current R&D, while initiating and sustaining critical new work through all-stakeholder collaboration.

On the orientation of grain boundaries in cadmium recrystallized during hot deformatio

The authors are grateful to Professor K. P. Abraham for the provision of facilities and encouragement. One of us (PRR) acknowledges the award of a National Associateship by the UGC which facilitated a short-time visit to the Indian Institute of Science.

Schoolman family papers, undated, 1889-1994

The Schoolman Papers reflect Dr. Albert P. and Mrs. Bertha Schoolmans' staunch dedication to Jewish education, Jewish causes, and Israel. Bertha Schoolman, a lifelong member of Hadassah, assisted thousands of Israeli youth as chairman of the Youth Aliyah Committee. Her diaries, photos, scrapbooks, and correspondence record her numerous visits to Israel on which she helped set up schools, met with Israeli dignitaries, and participated in Zionist Conferences and events. The collection includes a 1936 letter from Hadassah founder, Henrietta Szold, praising Mrs. Schoolman's work as well as a letter from the father of Anne Frank, thanking Mrs. Schoolman for naming a Youth Aliyah center the "Anne Frank Haven" after his later daughter.

Elihu Stone collection undated, 1913-1962.

Collection contains materials pertaining to the life and work of Stone.

Appalling behaviour

'Appalling Behaviour' is a critically acclaimed contemporary Australian monologue, written by AWGIE Award winning playwright, Stephen House. This production, directed and creatively adapted by Shane Pike, was presented at the Brisbane Powerhouse in February 2016, as part of Queensland's LGBTIQ festival, Melt. This adaptation of the work experimented with notions of gender, taking the original script and manipulating character and scene to investigate expressions of identity beyond the traditional notions of binary gender-norms. To this end, the sole character (and actor) was (re)presented as a homeless bi-sexual queen with the aim of inferring that gender un/ab-normative characters can exist not only as disruptors/comments on/agitators of traditional expectations of performed gender (both onstage and off), but can also exist as accepted characters in and of themselves. Put simply: can a bi-sexual queen just be an actor/character in a play, or do all gender extra-normative characters inherently exist as political, social and cultural challengers? If so, why is this the case and should we be aiming for this kind of character to be an accepted part of the performative fabric, seamless and fitting within any onstage situation and play (why can't Willy Loman, King Lear or Nora be gender non-normative), or should such (re)presentations always exist as 'different'? Is it time for individual expressions of gender to just 'be' and be accepted as givens, or are we not quite there yet?

Trehalose accumulation triggers autophagy during plant desiccation

Global climate change, increasingly erratic weather and a burgeoning global population are significant threats to the sustainability of future crop production. There is an urgent need for the development of robust measures that enable crops to withstand the uncertainty of climate change whilst still producing maximum yields. Resurrection plants possess the unique ability to withstand desiccation for prolonged periods, can be restored upon watering and represent great potential for the development of stress tolerant crops. Here, we describe the remarkable stress characteristics of Tripogon loliiformis, an uncharacterised resurrection grass and close relative of the economically important cereals, rice, sorghum, and maize. We show that T. loliiformis survives extreme environmental stress by implementing autophagy to prevent Programmed Cell Death. Notably, we identified a novel role for trehalose in the regulation of autophagy in T.loliiformis. Transcriptome, Gas Chromatography Mass Spectrometry, immunoblotting and confocal microscopy analyses directly linked the accumulation of trehalose with the onset of autophagy in dehydrating and desiccated T. loliiformis shoots. These results were supported in vitro with the observation of autophagosomes in trehalose treated T. loliiformis leaves; autophagosomes were not detected in untreated samples. Presumably, once induced, autophagy promotes desiccation tolerance in T.loliiformis , by removal of cellular toxins to suppress programmed cell death and the recycling of nutrients to delay the onset of senescence. These findings illustrate how resurrection plants manipulate sugar metabolism to promote desiccation tolerance and may provide candidate genes that are potentially useful for the development of stress tolerant crops.

The Art of Studio Teaching

This project began in 2013, with the award of an internal QUT Teaching and Learning grant. The task we wished to undertake was to document and better understand the role of studio teaching practice in the Creative Industries Faculty. While it was well understood that the Faculty had long used studio pedagogies as a key part of its teaching approach, organizational and other changes made it productive and timely to consider how the various study areas within the Faculty were approaching studio teaching. Chief among these changes were innovations in the use of technology in teaching, and at an organizational level the merging of what were once two schools within different faculties into a newly-structured Creative Industries Faculty. The new faculty consists of two schools, Media, Entertainment and Creative Art (MECA) and Design. We hoped to discover more about how studio techniques were developing alongside an ever-increasing number of options for content delivery, assessment, and interaction with students. And naturally we wanted to understand such developments across the broad range of nineteen study areas now part of the Creative Industries Faculty. This e-book represents the first part of our project, which in the main consisted in observing the teaching practices used in eight units across the Faculty, and then interviews with the unit coordinators involved. In choosing units, we opted for a broad opening definition of ‘studio’ to include not only traditional studios but also workshops and tutorials in which we could identify a component of studio teaching as enumerated by the Australian Learning and Teaching Council’s Studio Teaching Project: • A culture, a creative community created by a group of students and studio teachers working together for periods of time • A mode of teaching and learning where students and studio teachers interact in a creative and reflective process • A program of projects and activities where content is structured to enable ‘learning in action’ • A physical space or constructed environment in which the teaching and learning can take place (Source: http://www.studioteaching.org/?page=what_is_studio) The units we chose to observe, and which we hoped would represent something of the diversity of our study areas, were: • Dance Project 1 • Furniture Studies • Wearable Architecture • Fashion Design 4 • Industrial Design 6 • Advanced Writing Practice 3 • Introduction to Creative Writing • Studio Art Practice 2 Over the course of two semesters in 2013, we attended classes, presentations, and studio time in these units, and then conducted interviews that we felt would give further insight into both individual and discipline-specific approaches to studio pedagogies. We asked the same questions in each of the interviews: • Could you describe the main focus and aims of your unit? • How do you use studio time to achieve those aims? • Can you give us an example of the kind of activities you use in your studio teaching? • What does/do these example(s) achieve in terms of learning outcomes? • What, if any, is the role of technology in your studio teaching practice? • What do you consider distinctive about your approach to studio teaching, or the approach taken in your discipline area? The unit coordinators’ responses to these questions form some of the most interesting and valuable material in this book, and point to both consistencies in approach and teaching philosophies, as well as areas of difference. We believe that both can help to raise our critical awareness of studio teaching, and provide points of comparison for the future development of studio pedagogy in the Creative Industries. In each of the following pages, the interviews are placed alongside written descriptions of the units, their aims and outcomes, assessment models, and where possible photographs and video footage, as well as additional resources that may be useful to others engaged in studio teaching.

The application of learning analytics to improve learning: Questions from the academy

Since 2007, close collaboration between the Learning and Teaching Unit’s Academic Quality and Standards team and the Department of Reporting and Analysis’ Business Objects team resulted in a generational approach to reporting where QUT established a place of trust. This place of trust is where data owners are confident in date storage, data integrity, reported and shared. While the role of the Department of Reporting and Analysis focused on the data warehouse, data security and publication of reports, the Academic Quality and Standards team focused on the application of learning analytics to solve academic research questions and improve student learning. Addressing questions such as: • Are all students who leave course ABC academically challenged? • Do the students who leave course XYZ stay within the faculty, university or leave? • When students withdraw from a unit do they stay enrolled on full or part load or leave? • If students enter through a particular pathway, what is their experience in comparison to other pathways? • With five years historic reporting, can a two-year predictive forecast provide any insight? In answering these questions, the Academic Quality and Standards team then developed prototype data visualisation through curriculum conversations with academic staff. Where these enquiries were applicable more broadly this information would be brought into the standardised reporting for the benefit of the whole institution. At QUT an annual report to the executive committees allows all stakeholders to record the performance and outcomes of all courses in a snapshot in time or use this live report at any point during the year. This approach to learning analytics was awarded the Awarded 2014 ATEM/Campus Review Best Practice Awards in Tertiary Education Management for The Unipromo Award for Excellence in Information Technology Management.

Promoting and providing expert guidance in work-intensive clinical settings

This paper discusses how expert guidance can be best provided in work intensive clinical settings. The adequacy for supporting learning in the clinical practicum for health care disciplines is often complicated by the intensive work practices in healthcare settings. Often, clinicians' work is so intense that the scope for providing close guidance for students is quite restricted. The case advanced here draws on a range of empirical work to propose how clinician-student interactions might be optimized through the provision of a clinical ccn guided learning such as demonstrating and role-modeling. These roles can contribute in essential ways to the development of learning environments where clinicians have the opportunity to facilitate the learning of others as part of their workload, and without being burdened by the requirements of teaching and assessment processes. It differs from other approaches because although clinicians partner students and provide feedback to them, clinicians are not expected to formally assess or award a grade for student performance. Assessment and remedial action, when required, is undertaken by the role of a designated clinical supervisor qualified to perform such activities. © 2010 Springer Science+Business Media B.V.