Why ADR must be a mandatory subject in the law degree - the profession

The Australian legal profession, as well as the content and pedagogy of legal education across Australia, are steeped in tradition and conservatism. Indeed, the legal profession and our institutions of legal education are in a relationship of mutual influence which leaves the way we teach law resistant to change. There has traditionally been pushback against the notion that dispute resolution should have a place amongst black letter law subjects in the legal curriculum. This paper argues that this position cannot be maintained in the modern legal climate. We challenge legal education orthodoxy and promote NADRAC’s position that alternative dispute resolution should be a compulsory, stand alone subject in the law degree. We put forward ten simple arguments as to why every law student should be exposed to a semester long course of DR instruction.

Why ADR must be a mandatory subject in the law degree - the academy

The profession of law is deeply steeped in tradition and conservatism. The content and pedagogy employed in law faculties across Australia is similarly steeped in tradition and conservatism. Indeed, the practice of law and our institutions of legal education are in a relationship of mutual influence; a dénouement which preserves the best aspects of our common law legal system, but also leaves the way we educate, practice, and think about the role of law, resistant to change. In this article, we lay down a challenge to legal education orthodoxy and a call to arms for legal academic progressivists. It is our simple argument that alternative dispute resolution should be a compulsory, stand alone subject in the law degree. There has been traditional pushback against the notion that alternative dispute resolution should have a place amongst black letter law subjects in the legal curriculum. This position cannot be maintained in the modern day legal climate. We put forward ten simple arguments as to why every law student should be exposed to a semester long course of ADR instruction. With respect to relationships of mutual influence, whether legal education should assimilate the practise of law, or shape the practise of law makes no difference here. Both views necessitate the inclusion of ADR as a compulsory subject in the law degree.

Airport enclaves : bridging boundary tensions between airports and cities

Current approaches to airport development and land use sit at odds with the tradition of airports as spaces for aviation (Stevens et a/. 2010). While airports remain the primary interface between air transport and society, the functions they include within their boundaries have expanded well beyond the provision of infrastructure for aviation and logistics. Shopping malls, commercial office space, hotels, golf courses and conference facilities arc increasingly normal uses of land within airport boundaries (Kasarda 2008), and enhance the role of airports from transport infrastructure to a new form of economic infrastructure (Freestone 2009). However, the expanding role of airports, and the resulting diversification in airport land uses, has not been without opposition.

Rethinking cultural sensitivity

The concept of cultural sensitivity is located within the tradition of anthropology and the history of colonisation and immigration in Australian society. This history provides a basis for examining the largely uncritical introduction of cultural considerations to the discipline of nursing. This paper argues that contemporary understandings of multiculturalism in nursing and health care policy tend to obscure, ignore and thus perpetuate notions of racial superiority. Recent works in transcultural nursing are med to illustrate the way in which ahistorical and therefore quite arbitrary traits are attributed to particular cultural groups. This perspective, given legitimacy in terms of cultural sensitivity, encourages political neutrality and thereby avoids questioning the discriminatory practices embedded in fundamental social relations.

Methodological developments in phenomenography : investing using information to learn in the discipline classroom

This paper discusses methodological developments in phenomenography that make it apropos for the study of teaching and learning to use information in educational environments. Phenomenography is typically used to analyze interview data to determine different ways of experiencing a phenomenon. There is an established tradition of phenomenographic research in the study of information literacy (ex: Bruce, 1997; 2008; Lupton, 2008; Webber, Boon, & Johnston, 2005). Drawing from the large body of evidence complied in two decades of research, phenomenographers developed variation theory, which explains what a learner can feasibly learn from a classroom lesson based on how the phenomenon being studied is presented (Marton, Runesson, & Tsui, 2004). Variation theory’s ability to establish the critical conditions necessary for learning to occur has resulted in the use of phenomenographic methods to study classroom interactions by collecting and analyzing naturalistic data through observation, as well as interviews concerning teachers’ intentions and students’ different experiences of classroom lessons. Describing the methodological developments of phenomenography in relation to understanding the classroom experience, this paper discusses the potential benefits and challenges of utilizing such methods to research the experiences of teaching and learning to use information in discipline-focused classrooms. The application of phenomenographic methodology for this purpose is exemplified with an ongoing study that explores how students learned to use information in an undergraduate language and gender course (Maybee, Bruce, Lupton, & Rebmann, in press). This paper suggests that by providing a nuanced understanding of what is intended for students to learn about using information, and relating that to what transpires in the classroom and how students experience these lessons, phenomenography and variation theory offer a viable framework for further understanding and improving how students are taught, and learn to use information.

How do Chinese fashion designers become global fashion leaders? A new perspective on legitimisation in China’s fashion system

The term fashion system describes inter-relationships between production and consumption, illustrating how the production of fashion is a collective activity. For instance, Yuniya Kawamura (2011) notes systems for the production of fashion differ around the globe and are subject to constant change, and Jennifer Craik (1994, 6) draws attention to an ‘array of competing and intermeshing systems cutting across western and non-western cultures. In China, Shanghai’s nascent fashion system seeks to emulate the Eurocentric system of Fashion Weeks and industry support groups. It promises designers a platform for global competition, yet there are tensions from within. Interaction with a fashion system inevitably means becoming validated or legitimised. Legitimisation in turn depends upon gatekeepers who make aesthetic judgments about the status, quality, and cultural value of a designers work (Becker 2008). My paper offers a new perspective on legitimisation that is drawn mainly from my PhD research. I argue that some Chinese fashion designers are on the path to becoming global fashion designers because they have embraced a global aesthetic that resonates with the human condition, rather than the manufactured authenticity of a Eurocentric fashion system that perpetuates endless consumption. In this way, they are able to ‘self-legitimise’. I contend these designers are ‘designers for humans’, because they are able to look beyond the mythology of fashion brands, and the Eurocentric fashion system, where they explore the tensions of man and culture in their practice. Furthermore, their design ethos pursues beauty, truth and harmony in the Chinese philosophical sense, as well as incorporating financial return in a process that is still enacted through a fashion system. Accordingly, cultural tradition, heritage and modernity, while still valuable, have less impact on their practice.

Criminalisation and normative theory

Criminal law scholarship is enjoying a renaissance in normative theory, evident in a growing list of publications from leading scholars that attempt to elucidate a set of principles on which criminalisation and criminal law might — indeed should — be based. This development has been less marked in Australia, where a stream of criminologically influenced criminal law scholarship, teaching and practice has emerged over nearly three decades. There are certain tensions between this predominantly contextual, process-oriented and criminological tradition that has emerged in Australia, characterised by a critical approach to the search for ‘general principles’ of the criminal law, and the more recent revival of interest in developing a set of principles on which a ‘normative theory of criminal law’ might be founded. Aspects of this tension will be detailed through examination of recent examples of criminalisation in New South Wales that are broadly representative of trends across all Australian urisdictions. The article will then reflect on the links between these particular features of criminalisation and attempts to develop a ‘normative theory’ of criminalisation.

Horror

The monstrous landscape and the revenge of nature are recurring motifs in Australian cinema. In the horror genre, the idea of the monstrous landscape emerges from, and builds upon, an established tradition in Australian cinema in which landscape functions not just as a setting for action, but also as a character in its own right. Rather than a picturesque wilderness or countryside, or a serene natural world untainted by civilisation – representations common in landscape cinema celebrating positive aspects of the Australian ‘outback’ – the monstrous landscape is a dangerous, malevolent and threatening force. Drawing upon themes also common in Australian Gothic narratives such as entrapment in a hostile environment, isolation and fear of the unknown (Turcotte, 1988, see also Jonathan Rayner’s essay in this volume), the monstrous landscape acts according to its own logic indecipherable to non-Indigenous Australians and is represented in terms of its alien-ness and inhuman horror.

QUT Architecture Film Studio (Aus)

Research Statement: An urban film produced by Luke Harrison Mitchell Benham, Sharlene Anderson, Tristan Clark. RIVE NOIR explores the film noir tradition, shot on location in a dark urban space between high-rises and the river, sheltered by a highway. With an original score and striking cinematography, Rive Noir radically transforms the abandoned river’s edge through the production of an amplified reality ordinarily unseen in the Northbank. The work produced under my supervision was selected to appear in the Expanded Architecture Research Group’s International Architecture Film Festival and Panel Discussion in Sydney: The University of Sydney and Carriageworks Performance Space, 06 November 2011. QUT School of Design research submission was selected alongside exhibits by AA School of Architecture, London; The Bartlett School of Architecture, London; University of The Arts, London; Arrhaus School of Architecture, Denmark; Dublin as a Cinematic City, Ireland; Design Lab Screen Studio, Australia; and Sona Cinecity, The University of Melbourne. The exhibit included not only the screening of the film but the design project that derived from and extended the aesthetics of the urban film. The urban proposal and architectural intervention that followed the film was subsequently published in the Brisbane Times, after the urban proposal won first place in The Future of Brisbane architecture competition, which demonstrates the impact of the research project as a whole. EXPANDED ARCHITECTURE 2011 - 6th November Architecture Film Night + Panel Discussion @ Performance Space CarriageWorks was Sydney's first International Architectural Film Festival. With over 40 architectural films by local and international artists, film makers and architects. It was followed by Panel Discussion of esteemed academics and artists working in the field of architectural film.

Supermarkets and agro-industrial foods : the strategic manufacturing of consumer trust

There is increasing evidence of a weakened platform of consumer trust in mass produced food products. The resistance shown by consumers to the agro-industrial paradigm is evident in an emergent phase of reflexive consumerism, public reactions to an overly-concentrated retail sector and the rise of alternative food networks such as farmers' markets and organic box schemes. Supermarkets are responding strategically by aiming to manufacture new trust relations with consumers. This paper identifies three key strategies of trust manufacturing: (i) reputational enhancement though the institution of “behind the scenes,” business-to-business private standards; (ii) direct quality claims via private standard certification badges on food products, and ; (iii) discursive claimsmaking through symbolic representations of “authenticity” and “tradition.” Drawing upon the food governance literature and a “visual sociology” of supermarkets and supermarket produce, we highlight how trust is both commoditized and increasingly embedded into the marketing of mass-produced foods.

Cultural flows in an Aboriginal school : deterritorializing textual production through a socially mediated Indigenous heritage

Flows of cultural heritage in textual practices are vital to sustaining Indigenous communities. Indigenous heritage, whether passed on by oral tradition or ubiquitous social media, can be seen as a “conversation between the past and the future” (Fairclough, 2012, xv). Indigenous heritage involves appropriating memories within a cultural flow to pass on a spiritual legacy. This presentation reports ethnographic research of social media practices in a small independent Aboriginal school in Southeast Queensland, Australia that is resided over by the Yugambeh elders and an Aboriginal principal. The purpose was to rupture existing notions of white literacies in schools, and to deterritorialize the uses of digital media by dominant cultures in the public sphere. Examples of learning experiences included the following: i. Integrating Indigenous language and knowledge into media text production; ii. Using conversations with Indigenous elders and material artifacts as an entry point for storytelling; iii. Dadirri – spiritual listening in the yarning circle to develop storytelling (Ungunmerr-Baumann, 2002); and iv. Writing and publicly sharing oral histories through digital scrapbooking shared via social media. The program aligned with the Australian National Curriculum English (ACARA, 2012), which mandates the teaching of multimodal text creation. Data sources included a class set of digital scrapbooks collaboratively created in a multi-age primary classroom. The digital scrapbooks combined digitally encoded words, images of material artifacts, and digital music files. A key feature of the writing and digital design task was to retell and digitally display and archive a cultural narrative of significance to the Indigenous Australian community and its memories and material traces of the past for the future. Data analysis of the students’ digital stories involved the application of key themes of negotiated, material, and digitally mediated forms of heritage practice. It drew on Australian Indigenous research by Keddie et al. (2013) to guard against the homogenizing of culture that can arise from a focus on a static view of culture. The interpretation of findings located Indigenous appropriation of social media within broader racialized politics that enables Indigenous literacy to be understood as a dynamic, negotiated, and transgenerational flows of practice. The findings demonstrate that Indigenous children’s use of media production reflects “shifting and negotiated identities” in response to changing media environments that can function to sustain Indigenous cultural heritages (Appadurai, 1696, xv). It demonstrated how the children’s experiences of culture are layered over time, as successive generations inherit, interweave, and hear others’ cultural stories or maps. It also demonstrated how the children’s production of narratives through multimedia can provide a platform for the flow and reconstruction of performative collective memories and “lived traces of a common past” (Giaccardi, 2012). It disrupts notions of cultural reductionism and racial incommensurability that fix and homogenize Indigenous practices within and against a dominant White norm. Recommendations are provided for an approach to appropriating social media in schools that explicitly attends to the dynamic nature of Indigenous practices, negotiated through intercultural constructions and flows, and opening space for a critical anti-racist approach to multimodal text production.

Sedation breaks : are they good for the critically ill patient? A review.

Background:  Tradition has led us to believe that a heavily sedated patient is a comfortable, settled, compliant patient for whom sedation will improve outcome. The current move witnessed in clinical practice today of limiting sedation has led health care in recent years to question the benefit and necessity of routine, continuous sedation for all patients requiring mechanical ventilation. However, as a result there has been a rise in the amount of agitation being reported as being experienced by patients with the daily withdrawal of sedation. Aims:  The purpose of this paper is to review current arguments for and against perserving with agitation versus re-sedating, when it presents during the daily sedation breaks. Findings:  Of the literature reviewed, the question to re-sedate the mechanically ventilated agitated patient during sedation breaks remains an issue of contention. Although there is evidence focusing on the psychological effects of long-term sedation and sedation breaks specifically, the complex nature of critical illness in some cases means that individualized care is of paramount importance and in-depth assessment is crucial when deciding to re-sedate in the face of undetermined agitation. Agitation has been closely linked with several incidents that can be detrimental to patient safety, such as removal of lines and unplanned self-extubation. Conclusion:  The recommendations of this review are that nurses should re-commence sedation if the patient becomes agitated following a sedation break. Aims:  The purpose of this paper is to review current arguments for and against perserving with agitation versus re-sedating, when it presents during the daily sedation breaks. Findings:  Of the literature reviewed, the question to re-sedate the mechanically ventilated agitated patient during sedation breaks remains an issue of contention. Although there is evidence focusing on the psychological effects of long-term sedation and sedation breaks specifically, the complex nature of critical illness in some cases means that individualized care is of paramount importance and in-depth assessment is crucial when deciding to re-sedate in the face of undetermined agitation. Agitation has been closely linked with several incidents that can be detrimental to patient safety, such as removal of lines and unplanned self-extubation. Conclusion:  The recommendations of this review are that nurses should re-commence sedation if the patient becomes agitated following a sedation break.

Digital Literacy and the Spaces of Academic Discourse

Digital literacy poses a particular challenge to the research-led university. Although these universities are often at the forefront of introducing digital literacy initiatives—such as e-learning platforms, technological infrastructure, and digital repositories—these applications of digital literacy tend to be more instrumental or functional than critical or creative. Certainly, this clash of cultures between the instrumental/functional and the critical/analytical is at the heart of debates over the uses of digital literacy in higher education. However, this simple equation of political forces with instrumentality and the corresponding equation of the university with a tradition of reflective thought that brings criticism to bear on instrumentality elide the fact that this conflict is more deeply rooted within the academy. This essay argues that, in fact, much of the resistance to critical uses of digital literacy comes from within the institution of the university itself. That is, the university is bound up in a scriptural economy that prioritises the printed word and that reinforces its power by way of a normative, political, and spatialised academic discourse. It is this print-based scriptural economy—in which this essay must acknowledge its own complicity—that a critical approach to digital literacy threatens to disrupt or lay bare.

Constructing the Architext : Georges Perec's life a user's manual

Mitchell critiques Georges Perec's Life a User's Manual, which articulates compellingly the confluence of literature and architecture studies that emerged in the late twentieth century. He argues the Perec's novel diverges from this tradition, for, rather than being a search for origins and true expression, Life a User's Manual denies the very possibility of originality. He adds that Perec's architext is de-constructive and ironic.

Settling the Pop Score : Pop Texts and Identity Politics [Book Review]

Review(s) of: Settling the Pop Score: Pop Texts and Identity Politics, Stan Hawkins, Aldershot, Hants. : Ashgate, 2002, ISBN 0 7546 0352 0; pb, 234pp, ill, music exx, bibl. , discog. , index. The scholarly study of popular music has its origins in sociology and cultural studies, disciplinary areas in which musical meaning is often attributed to aspects of economical and sociological function. Against this tradition, recent writers have offered what is now referred to as ‘popular musicology’: a method or approach that tends towards a specific engagement with ‘pop texts’ on aesthetic, and perhaps even ‘musical’ terms. Stan Hawkins uses the term popular musicology ‘at his own peril,’ clearly recognising the implicit scholarly danger in his approach, whereby ‘formalist questions of musical analysis’ are dealt with ‘alongside the more intertextual discursive theorisations of musical expression’ (p. xii). In other words, popular musicologists dare to tread that fine line between text and context. As editor of the journal Popular Musicology Online, Hawkins is a leading advocate of this practice, specifically in the application of music-analytical techniques to popular music. His methodology attests to the influence of other leading figures in the area, notably Richard Middleton, Allan F. Moore and Derek Scott (general editor of the Ashgate Popular and Folk Music Series in which this book is published).