The legal profession and the business of law

‘Professional Responsibility and Ethics’ is one of the ‘Priestley 11’ law subjects compulsorily undertaken by Australian law students who aspire to be admitted to practice. Many of the brightest join the major corporate law firms. Nevertheless, there is little theoretical analysis of how those firms are functioning to affect the professional and ethical conduct of their practitioners in the neoliberal state. In this article it is argued that in the mature and highly competitive marketplace for legal services, rather than working as autonomous professionals, corporate lawyers are now finding themselves working more and more as functionaries subservient to the dictates of their corporate clients. Drawing on interviews with Australian major law firm corporate lawyers and Charles Derber’s theory on the proletarianisation of professional workers, it is argued that corporate lawyers are losing key elements of their professional identity in the impetus to maintain the client list and the profit motive. Furthermore, as the balance of power in the corporate legal sector is shifting from law firms to clients, the professional ethics of law firm lawyers are at risk of being compromised as they find themselves being reduced to little more than ‘flush’ factory fodder for the major corporations.

Multimodal theatre experiences : Africa and 2 dimensional life of her

Australia’s theatre for young audiences (TYA) has concentrated on young people’s interest in techno-savvy narrative complexities since the early 1990s, and has done so with positive outcomes. Building from a reflective inquiry, which is based on a TYA practitioner’s viewpoint, I explore two Australian contemporary theatre productions for mixed audiences: My Darling Patricia’s Africa (2011) and Fleur Elise Noble’s 2 Dimensional Life of Her (2011), which utilize old and new technologies for differing purposes. I present the following article in two parts: The first section briefly contextualizes TYA plays in Australia using digital technologies, along with a review of the literature that introduces an ongoing dialogue about digital media in theatre. The second part showcases the creative development process and the synopsis of Africa and 2 Dimensional Life of Her before I discuss the use of old technology in Africa in the form of a techno-tele-character, and the impact of new technologies in 2 Dimensional Life of Her as a transmediated theatrical occurrence. Recommendations are made for ways that TYA practitioners might consider mixing old and new technologies with the live to compete in the cultural marketplace.

Three arguments against ‘soft innovation’: towards a richer understanding of cultural innovation

This paper critiques recent research on innovation in the cultural and creative industries. In particular, this paper examines Paul Stoneman’s idea of ‘soft innovation’ as a jumping off point for discussing theories of cultural innovation more broadly. Three critiques are advanced. Firstly, soft innovation is a theoretical perspective that has developed from neoclassical economics, and is therefore vulnerable to criticisms levelled at neoclassical explanations of economic behaviour. Secondly, the theory of soft innovation can be criticised for being contin- gently inaccurate: the observed reality of cultural industries and marketplaces may not reflect the theory’s premises. Thirdly, because soft innovation defines the significance of an innovation in terms of marketplace success, it implies that only high-selling cultural products are significant, a difficult claim to substantiate. This paper concludes by arguing that our understanding of innovation in the cultural sphere can benefit from a multi-disciplinary approach grounded in the full gamut of human creativity.

Using mobile media to create a more diverse public sphere in marginalised communities : how to mojo

Mojo is a new mobile journalism project in isolated Indigenous communities providing skills and mobile technologies to empower Indigenous people to create locally produced user-generated stories (UGS), from their own perspective. This paper explores the degree to which these practices and technologies can help create a more diverse cultural voice in remote Indigenous environments. Diversity is a central component of the broader principle of a robust marketplace of ideas and a catalyst for greater democratic representation. A lack of diversity of opinion from and about marginalized communities in Indigenous Australia has led to underrepresentation in a highly mediated Indigenous public sphere. In the mid-1980s the deployment of AUSSAT—the Australian communications satellite—led to an influx of Western media into remote communities, creating even greater marginalization of content at the source. This resulted in an under representation of local views and culture and a lack of exposure. This paper describes the empirical study—the technical practices and outcomes of mojos recording, editing and publishing complete UGS directly from their iPhones to the Internet. This practice has the potential to create more diverse media skills, representation and new job opportunities in local media. A making of NT Mojo video can be viewed at the following URL: http://www.youtube.com/watch?v=jRmGACFJd Jo. Mojo stories can be viewed at the following URL: http://ntmojos.indigneous.gov.au

Multiple-object tracking in cluttered and crowded public spaces

This paper addresses the problem of tracking moving objects of variable appearance in challenging scenes rich with features and texture. Reliable tracking is of pivotal importance in surveillance applications. It is made particularly difficult by the nature of objects encountered in such scenes: these too change in appearance and scale, and are often articulated (e.g. humans). We propose a method which uses fast motion detection and segmentation as a constraint for both building appearance models and their robust propagation (matching) in time. The appearance model is based on sets of local appearances automatically clustered using spatio-kinetic similarity, and is updated with each new appearance seen. This integration of all seen appearances of a tracked object makes it extremely resilient to errors caused by occlusion and the lack of permanence of due to low data quality, appearance change or background clutter. These theoretical strengths of our algorithm are empirically demonstrated on two hour long video footage of a busy city marketplace.

Contextually Learnt Detection of Unusual Motion-Based Behaviour in Crowded Public Spaces

In this paper we are interested in analyzing behaviour in crowded publicplaces at the level of holistic motion. Our aim is to learn, without user input, strong scene priors or labelled data, the scope of ‘‘normal behaviour’’ for a particular scene and thus alert to novelty in unseen footage. The first contribution is a low-level motion model based on what we term tracklet primitives, which are scenespecific elementary motions. We propose a clustering-based algorithm for tracklet estimation from local approximations to tracks of appearance features. This is followed by two methods for motion novelty inference from tracklet primitives: (a) an approach based on a non-hierarchial ensemble of Markov chains as a means of capturing behavioural characteristics at different scales, and (b) a more flexible alternative which exhibits a higher generalizing power by accounting for constraints introduced by intentionality and goal-oriented planning of human motion in a particular scene. Evaluated on a 2 h long video of a busy city marketplace, both algorithms are shown to be successful at inferring unusual behaviour, the latter model achieving better performance for novelties at a larger spatial scale.

Advocating avatars: the salesperson in second life

Interactive digital media are revolutionizing the marketing landscape. The virtual world is a dominant player in this new panorama, with exchanges in the virtual marketplace approaching $2 billion annually. While virtual, like real world, exchanges require buyers and sellers, there is little or no understanding of this disembodied sales process. The current study seeks to address this gap in knowledge by employing an ethnographic methodology in which researchers incarnate in Second Life to explore the personal selling process. Specifically, the various notions of the "self" that constitute the avatar salesperson are explored. Findings from this exploratory study suggest a relationship between the nature of the self and the type of exchange. From this, a conceptual model for the study of the virtual selling self is presented, propositions developed, and managerial implications for the virtual sales force suggested.

Univariate and multivariate process yield indices based on location-scale family of distributions

Several measures of process yield, defined on univariate and multivariate normal process characteristics, have been introduced and studied by several authors. These measures supplement several well-known Process Capacity Indices (PCI) used widely in assessing the quality of products before being released into the marketplace. In this paper, we generalise these yield indices to the location-scale family of distributions which includes the normal distribution as one of its member. One of the key contributions of this paper is to demonstrate that under appropriate conditions, these indices converge in distribution to a normal distribution. Several numerical examples will be used to illustrate our procedures and show how they can be applied to perform statistical inferences on process capability.

After Charlie: free speech and the political economy of communication

Three significant events at the start of 2015 have put freedom of speech firmly on the global agenda. The first was the carry-over from the December 2014 illegal entry to the Sony Corporation’s file servers by anonymous hackers, believed to be linked to the North Korean regime. The second was the horrible attack on journalists, editors, and cartoonists at the French satirical magazine, Charlie Hebdo on 7 January. The third was the election of leftwing anti-austerity party Syrzia in Greece on 25 January.While each event is different in scope and size, they are important to scholars of the political economy of communication because they all speak to ongoing debates about freedom of expression, freedom of speech and freedom of the press. I name each of these concepts separately because, despite popular confusion, they are not the same thing (Patching and Hirst, 2014) . Freedom of expression is the right to individual self-expression through any means; it is an inalienable human right. Freedom of speech refers to the right (and the physical ability) to utter political speech, to say what others wish to repress and to demand a voice with which to express a range of social and political thoughts. Freedom of the press is a very particular version of freedom of expression that is intimately bound with the political economy of speech and of the printing press. Freedom of the press is impossible without the press and, despite its theoretical availability to all of us, this principle is impossible to articulate without the material means (usually money) to actually deploy a printing press (or the electronic means of broadcasting and publishing).Freedom of expression is immutable; freedom of speech subject to legal, ethical and ideological restriction (for better, or worse) and freedom of the press is peculiar to bourgeois society in that it entails the freedom to own and operate a press, not the right to say or publish on a level playing field. Access to freedom of the press is determined in the marketplace and is subject to the unequal power relationships that such determination implies.It is fitting to start with the Charlie Hebdo massacre because the loss of 17 lives makes this the most chilling of the three events and demands that it be given prominence in any analysis. No lives have been lost yet because Sony’s computers were hacked and the election of Syriza has not (yet) led to mass deaths in Greece.

An examination of service quality dimensionality and positive word-of-mouth intentions in a Chinese telecommunication context

Word-of-mouth is a powerful force in today’s marketplace. However, few researchers
examine how the dimensions of SERVQUAL relate to positive word-of-mouth, particularly in
the Chinese market. This study attempts to fill this gap. The context is Chinese
telecommunication market. A survey was conducted with a sample of 241 respondents. The
results showed that Reliability and Assurance encouraged more positive word-of-mouth
intention, while Tangibles, Responsiveness, and Empathy did not have any significant effect
on one’s word-of-mouth. These findings have useful implications to international service
companies, particularly those operating in a Chinese environment, by identifying factors that
are salient to the generation of positive word-of-mouth.

Understanding poverty and promoting poverty alleviation through transformative consumer research

Consumer research holds potential for expanding society's understanding of how people experience poverty and mechanisms for poverty alleviation. Capitalizing on this potential, however, will require more exploration of how consumption experiences shape individual and collective well-being among the poor. This article proposes a framework for transformative consumer research focused on felt deprivation and power within the lived experience of poverty. The framework points to consumer choice, product/service experiences, consumer culture, marketplace forces, and consumption capabilities as research streams with potential to help alleviate poverty. Future research in these areas will expand pathways for transforming the lives of the poor by alleviating stress, engaging marketplace institutions, fulfilling life aspirations, leveraging trust and social capital, and facilitating creativity and adaptation.

Reflexões sobre a gestão das organizações educacionais particulares educação infantil e ensino fundamental

The paper's main goal is to promote a deeper reflection on the use of the most important tools concerning business management, by respecting certain changes, in order to fit private elementary schools - both kindergarten and primary schools. It focuses on the main functions and support functions related to business administration, marketing elements concerning both related services and the department structures, in order to sketch the elementary school's reference matrixes. The study was carried out in Curitiba-Pr, between June and October/2001, gathering data from five different elementary school's management strategies and models, chosen according to their importance in the marketplace and structure. After this database had been created, the analogous study on the case report - São Judas Tadeu de Curitiba School - proceeded, focusing on its main management elements.

Um estudo sobre a percepção do cliente pré-pago quanto ao serviço de roaming de chamadas terminadas

o serviço móvel celular apresentou, nos últimos anos, mudanças significativas em termos de evolução tecnológica e dos produtos e serviços oferecidos ao cliente. O ambiente de prestação do serviço evoluiu a partir de um monopólio estatal para um regime de duopólio regional privado. A introdução da competição trouxe benefícios aos clientes, dentre os quais podem ser citados a redução dos preços de aquisição e das tarifas de uso do serviço e o aumento da oferta de linhas celulares, antes em falta no mercado. A introdução do serviço pré-pago, em 1999, representou um marco na história do Serviço Móvel Celular no Brasil. O produto, adequado para usuários que querem controlar seus gastos com telefonia celular, permitiu o acesso das classes econômicas C e D ao serviço. O pré-pago trouxe vantagens e desvantagens para clientes e prestadores de serviço. Uma de suas limitações, quando lançado, era a impossibilidade de utilização do servIço fora da área de atuação da operadora ("roaming"). O problema técnico que impedia o oferecimento de roammg para chamadas terminadas foi resolvido e as empresas prestadoras adotaram estratégias distintas em relação a isso. Algumas ofereceram o serviço para todos os clientes pré-pago, indistintamente; outras segmentaram o mercado pré-pago, criando produtos novos com a facilidade de roaming e mantendo os produtos já lançados no mercado sem a facilidade de roaming. A Americel, empresa operadora do Serviço Móvel Celular na região Centro Oeste e parte da região Norte, possui dois produtos pré-pago: o primeiro, chamado Legal, não permite o roaming de chamadas terminadas. Foi criado também o Legal Pacas que oferecia, entre outras novas funcionalidades, a possibilidade de roaming de chamadas terminadas. Os dois produtos possuem outras características diferentes e planos de tarifa próprios. O objetivo da pesquisa é avaliar como o cliente pré-pago da Americel percebe a funcionalidade de roaming de chamadas terminadas. A pesquisa pretende avaliar a importância do serviço para o cliente, como ele avalia o serviço prestado pela empresa e como essa funcionalidade é classificada (básica, de desempenho ou de encantamento). A partir da compreensão da percepção do cliente quanto ao roaming, será avaliada a estratégia de marketing de segmentar o mercado pré-pago por meio dessa funcionalidade. VI A metodologia empregada utiliza-se de ferramentas de medição da satisfação dos clientes. A Americel realiza mensalmente uma pesquisa de satisfação com uma amostra de 400 clientes que são entrevistados por telefone. O questionário de pesquisa possui 50 perguntas sobre vários aspectos relacionados à prestação do serviço. Os resultados anteriores dessa pesquisa apontam a cobertura como sendo a característica mais importante do serviço do ponto de vista do cliente e, ao mesmo tempo, uma característica mal avaliada por ele. A pesquisa também demonstra uma confusão do cliente que, quando questionado sobre onde necessita de cobertura, indica regiões onde a empresa não atua e, portanto, não poderia oferecer cobertura, mas roaming. Para uma parte dos clientes, roaming e cobertura são o mesmo atributo. Foram acrescentadas ao questionário padrão perguntas relacionadas ao roaming. As perguntas foram elaboradas para avaliar a freqüência com que os clientes viajam, a importância atribuída ao roaming, a avaliação do serviço de roaming e a avaliação geral da Americel. Os resultados permitem concluir que, apesar do usuário do serviço pré-pago não viajar freqüentemente, ele considera a funcionalidade de roaming como importante ou muito importante. A avaliação do serviço é ruim, o que implica na necessidade de priorizar ações no sentido de melhorar o serviço de roaming para os clientes pré-pago. Isso pode ser feito através da extensão do oferecimento do roaming a todos os clientes pré-pago. O resultado da análise penalidade-recompensa foi de que a funcionalidade de roaming é uma funcionalidade de desempenho do Serviço Móvel Celular. Isso significa que sua ausência causa insatisfação do cliente, enquanto sua presença aumenta a sua satisfação. Sendo assim, mais uma vez é confirmada a necessidade de oferecimento dessa facilidade a toda a base de clientes pré-pago. A pesquisa permite, então, concluir que a estratégia de marketing de segmentar o mercado de clientes pré-pago por meio do uso da facilidade de roaming tem como conseqüência final a insatisfação do cliente, uma vez que, de acordo com sua percepção, o roaming é uma funcionalidade importante do serviço móvel celular, que deve ser oferecido para toda a base de clientes. As características do serviço que devem ser usadas para segmentação devem ser aquelas que, quando ausentes, não causam insatisfação nos clientes, mas, quando presentes, o encantam.

The human side of project management - an investigation of critical chain concepts in the Argentinean Project Environment

The global marketplace is rapidly intensifying. Longer product sales lives, greater profit margins or simply survival, is dependent on management¿s ability to create and lead change. Project Management has become an important competency, combined with other business practices to adapt to the trend of changing conditions. Critical Chain is a relatively new project methodology, elaborated by Eliyahu Goldratt in order to complete projects faster, make more efficient use of resources and securing the project deliverables. The methodology is based on the assumption that traditional project techniques such as CPM and PERT, do not recognize critical human behavior. The methodology claims that many project failures are a direct result of how safety is built into the task delivery times, and then wasted by human behavior such as Student Syndrome, Parkinson Law and Multitasking. However, there has been little or no previous research regarding this topic in the Argentine marketplace. This study intended to investigate to what extent the human behavior concepts of critical chain project management are present, by performing in-depth interviews with Argentine project stakeholders. It appears that the four human behavior concepts are present in Argentina and that the majority of Argentine companies are yet to apply project management techniques.

Mudanças na Natureza do Comércio no Mundo conectado através do E-commerce

The Internet has taken the world by storm. It has eliminated the barriers of technology, and unlocked the doors to electronic commerce and the 'Virtual Economy'. It has given us a glimpse into the future of 'Business' itself, and it has created a bewildering variety of choices in our personal and professional lives. It has taken on a life of its own, and we are all frantically trying to keep up. Many overwhelmed companies are asking questions like: 'What should our Internet Strategy be?' Or 'How do we put our business on the Internet like everybody else is doing?' or 'How do we use this thing to make money without spending any?'. These questions may seem reasonable on the surface, but they miss the point because they focus on the technologies rather than the core issues of conducting day-to-day business. The Internet can indeed offer fast returns in marketing reach, speed, director consumer sales and so on, and many companies are using it to good advantage, but the highest and best use of any such technology is to support, enhance and even re-invent the fundamentals of general business practice. When the initial excitement is over, and companies gain experience and confidence with the new business models, this larger view will begin to assert itself. Companies will then start to position their 'Internet Strategies' in context of where the business world itself is going over time, and how they can prepare for what is to come. Until now, the business world has been very fragmented, its collective progress limited (in part) by the inability to communicate within and between companies. Now that the technical remedy seems to be at hand and standards are beginning to emerge, we are starting to see a trend toward consolidation, cooperation, and economic synergy. Companies are improving their internal business processes with Intranets, and Electronic Commerce initiatives have sprung up using EDI, the World Wide Web, E-Mail, secure credit card payments and other tools. Companies are using the Internet to talk to each other and to sell their goods and services to the end consumer. Like Berlin, the walls are coming down because they have to. Electronic 'Communities of Common Interest' are beginning to surface, with the goal of supporting and aligning similar industries (such as Government, Insurance, Transportation and Health care) or similar business functions (such as Purchasing, Payments, and Human Resources). As these communities grow and mature, their initial scope will broaden and their spheres of influence will expand. They will begin to overlap into other communities, creating a synergistic effect and reshaping the conduct of business. The business world will undergo a gradual evolution toward globalization, driven by economic imperatives and natural selection in the marketplace, and facilitated by Electronic Commerce and Internet technologies. The business world 'beyond 2000' will have a substantially different look and feel than that which we see today.