A model for the integration of legal research into Australian undergraduate law curricula

The marginalisation of the teaching and learning of legal research in the Australian law school curriculum is, in the author's experience, a condition common to many law schools. This is reflected in the reluctance of some law teachers to include legal research skills in the substantive law teaching schedule — often the result of unwillingness on the part of law school administrators to provide the resources necessary to ensure that such integration does not place a disproportionately heavy burden of assessment on those who are tempted. However, this may only be one of many reasons for the marginalisation of legal research in the law school experience. Rather than analyse the reasons for this marginalisation, this article deals with what needs to be done to rectify the situation, and to ensure that the teaching of legal research can be integrated into the law school curriculum in a meaningful way. This requires the use of teaching and learning theory which focuses on student-centred learning. This article outlines a model of legal research. It incorporates five transparent stages which are: analysis, contextualisation, bibliographic skills, interpretation and assessment and application.

Sustainable Management of the Great Artesian Basin: An Analysis Based on Law and Environmental Economics

Current policy issues surrounding management of the Great Artesian Basin - historical development of existing legislation and institutions - hydrological and historical background information - development of concerns over unsustainable use of resources and possible adverse environmental impacts - recent developments associated with the general reforms to water law and policy initiated by the Council of Australian Governments (COAG) - comparison of issues surrounding the Murray-Darling Basin and the Great Artesian Basin.

Pace of Civil Litigation in the Queensland Supreme Court

The overriding philosophy of the Uniform Civil Procedure Rules 1999 in Queensland is to facilitate the just and expeditious resolution of the issues in a civil proceeding at minimum expense. The court is enjoined to apply the rules to avoid undue delay, expense and technicality. Parties impliedly undertake to the court and each other to proceed expeditiously. These rules adopt management theories developed to contain delay and cost in the civil justice system. A survey was designed to determine whether the overriding objective is being achieved in practice. The results indicate a reduction in the time from initiation of a proceeding to termination as compared to a sample of similar cases determined under the repealed Rules of the Supreme Court.

Homing devices in choice of Tort Law: Australian, British and Canadian Approaches

Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

Levinas and the defination of philosophy: An ethical approach

Emmanuel Levinas’ thought seems to be strictly neither rational, phenomenological nor ontological, and it thus intentionally exposes itself to the asking of the question ‘why call it philosophy at all’? While we may have trouble containing Levinas’ thought within our traditional philosophical boundaries, I argue that this gives us no reason to exclude him from philosophy proper as a mere poser, but rather provides the occasion for reflection on just what it means, in an ethical manner, to call something ‘philosophical’. Instead of asking whether or not philosophy can ‘contain’ Levinas’ thought, I contend that it would be more ethical to instead re-phrase the question in terms of ‘sociality’. When we do this, I argue, we can indeed justifiably call Levinas’ thought philosophy.

The Hindu-Jewish relationship and the significance of dialogue : participants' reflections on the 2007 and 2008 Hindu-Jewish summits at New Delhi and Jerusalem

The purpose of this study was to determine whether or not new and significant developments for the Hindu and Jewish faiths, and the relationship that exists between them, can be demonstrated from the results of the Hindu-Jewish Leadership Summits of 2007 and 2008 in Delhi and Jerusalem. I argue that new and significant developments can be observed with this Hindu-Jewish encounter with regards to official rulings of Halacha (Jewish law), proper understandings of sacred symbols of Hinduism, and even improved Islamic-Jewish relations. After analyzing the approaches, themes, and unique framework found within this encounter, it is clear that the Hindu-Jewish leadership summits mark new and significant developments in inter-religious dialogue between the two traditions, culminating in the redefinition of Hinduism as a monotheistic religion.

An investigation of twentieth century observant Jewish fine artists

People of the Jewish faith base their belief on the written word of the Torah. Presented in this paper are fine artists that produce work within these laws. The Torah sets guidelines for life and morality. The belief system within this domain is that visual images have an impact on the viewers, and artists are accountable for what they produce. This is in opposition with art education, where freedom of expression takes precedence over morality. The results of this study will form the basis for a curriculum for the community college. The researcher's area of inquiry is directed to painting and sculpture made by artists of the Jewish faith who follow the Torah, meaning those who are observant of their faith and practices. Their skills and perceptions will be presented to educate the viewer about their visions. The research questions were posed to rabbinical authorities and artists in order to establish a clear and defined statement of what the Jewish law is regarding the fine arts. The evidence presented was obtained by questionnaires, personal interviews, articles, and opinions from Jewish scholars. Four rabbis were selected based on their erudition on Torah law, and their strong leadership positions in Jewish educational institutions. The ten artists were selected based on recommendations from art historians, and art and gallery directors. The artists and the rabbis were mailed questionnaires, which was followed by an interview. The conclusion from this study is that fine artists are encouraged to use their talents, this is supported by the Torah text, and rabbinic explanation. The restriction for the Jewish artist is in making a replication of a realistic full-scale figure, making a visual rendition of G-d, a nude, or violent image. Art is made by the observant Jew with the intention of enhancing the world with visions inspired by their belief in the Torah. A crucial belief in Judaism is that there is but one G-d, and all man-made images should reflect the majesty of G-d's creations.

Acting on impulse: using the neuroscience of impulse control to improve the law

This thesis investigates the potential legal utility of neurotechnologies which measure correlates of impulsive behaviors. Chapter 1 explains my philosophical position and how this position compares to others in the field. Chapter 2 explores some of the technical concepts which must be understood for the discussion of neurotechnologies and their applications to be fruitful. These chapters will be important for both explaining the capabilities of a neuroscientific approach to neural abnormalities as well as how they relate to the kind of regulation in which the law is engaged. The purpose of Chapter 3 will be a descriptive account of Canadian law where I will begin to explore how to apply ideas and experiments from neuroscience to specific areas of law. Chapter 3 will look at actual examples of Canadian criminal law and will span topics from the creation of law to the construction of appropriate sentences. Chapter 4 will debate if and how we should apply the neuroscientific perspective to the law given the ethical concerns surrounding the applications described in Chapter 3. The thrust of the chapter is that the development of the law does not occur in a vacuum and any alteration either to the laws themselves, how they are interpreted, or the technologies used to provide evidence, must have an ethical justification, that is, a way in which the proposed change will better meet the needs of society and the ethical objectives of the law. Sometimes these justifications can be drawn directly from constitutional documents, such as the Charter, or from the Criminal Code, while at other times these justifications depend upon arguments about furthering meaningful responsibility and therapeutic outcomes.