Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

L'observateur au muséum, ou, La critique des tableaux, en vaudeville.

A series of satirical verses on some of the paintings exhibited at the 1802 Salon.

Russkīĭ muzeĭ Imperatora Aleksandra III /

The plates are photogravures.

Lijst der Kunstwerken van nog in leven zijnde nederlandsche meesters, welke zijn toegelaten tot de tentoonstelling van den Jare 1826.

Mode of access: Internet.

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Conceptual Sketch of Site Plan], untitled. Ink sketch with green and yellow marker coloring on tracing paper, 12 1/4 x 22 inches [from photographic copy by Lance Burgharrdt]

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Conceptual Sketches of Site Plan], untitled. Blue ink sketches on graph paper, initialed, 8 1/2 x 11 inches [from photographic copy by Lance Burgharrdt]

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Conceptual Sketch], untitled. Ink sketch with green and yellow marker coloring on tracing paper, 12 1/4 x 25 inches [from photographic copy by Lance Burgharrdt]

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Conceptual Sketch], untitled. Black ink sketch with yellow marker coloring on tracing paper, 12 1/4 x 22 inches [from photographic copy by Lance Burgharrdt]

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Conceptual Sketch], untitled. Black ink sketch with yellow marker coloring on graph paper, 8 1/2 x 11 inches [from photographic copy by Lance Burgharrdt]

University of Wyoming Museum Competition, Laramie, Wyoming, 1986 (unbuilt project)

[Schematic Design Drawing of Elevation], untitled. Black and blue ink sketch with gray and brown marker coloring on one sheet of tracing paper taped to black-line print, 12 3/4 x 36 inches [from photographic copy by Lance Burgharrdt]

Perpetual motion; comprising a history of the efforts to attain self-motive mechanism, with a classified, illustrated, collection and explanation of the devices whereby it has been sought and why they failed, and comprising also a revision and re-arrangement of the information afforded by "Search for self-motive power during the 17th, 18th and 19th centuries," London, 1861, and "A history of the search for self-motive power from the 13th to the 19th century," London, 1870, by Henry Dircks ...

Mode of access: Internet.

The Making of Intermedia: John Cage to Yoko Ono, 1952 to 1972

Thesis (Ph.D.)--University of Washington, 2016-06

Career counselling in Australia

Historically, perhaps because of its matching process traditions, career counselling has tended to be viewed more simplistically than other fields of counselling. However, in the latter part of the 20th century the career development industry witnessed rapid growth and seems set for a promising future. Such growth has corresponded with irreversible change in the world of work, the emergence of lifelong learning as integral to people's careers, and broader and more holistic definitions of career and career development that have gained widespread acceptance. With the increased influence of constructivism, career counselling has emerged from its vocational guidance origins as a profession in its own right. Increasingly, policymakers are recognizing the importance of career guidance and counselling in assisting to achieve policy goals related to lifelong learning, employment, and social equity. Thus, closer links have been created between policymakers and practitioner associations such as the Australian Association of Career Counsellors (AACC). Such intense focus on career guidance and counselling has also resulted in closer scrutiny of its professional standards and qualifications. Consequently, at the same time as there being increased demand for and interest in career counselling, practitioner associations are faced with issues related to redefining their roles with members, the community, and policymakers. This article will describe the changed context of career counselling, current issues such as standards and accreditation, and redefinition of the profession. The AACC's response to these challenges will be the focus of this article.

Oscar Asche's Modernisms: Flesh, Colour and Light

The article examines the early 20th century Australian actor, theater director, and writer Oscar Asche and how various aspects of his work are expressive of an aesthetic modernism. His theatrical productions with his wife Lily Brayton are discussed, as well as his solo projects like the highly acclaimed musical "Chu Chin Chow." Asche is described as a "vitalist."