Prosecution history estoppel in the UK?

The doctrine of 'prosecution history estoppel' (PH estoppel) as developed in the United States has strong intuitive appeal, especially when applied to counterbalance a related patent law principle, the doctrine of equivalents. The doctrines are receiving increasing attention in US patent decisions, to the point where one patent litigator recently compared them to "two cars that keep bumping fenders. They are frequently returned to the shop for repairs". Could PH estoppel find its way into UK patent law? This article briefly examines the doctrine, its evolution in the US and the problems associated with importing the doctrine into the UK. As the EU legislation stands, Article 69 and the Protocol to the European Patent Convention (EPC) pose serious obstacles to using the doctrine directly in claim construction. However there appears to be some scope to apply the doctrine as a limited form of defence in infringement actions.

Teaching English as an additional language in senior high school : critical discourses in critical times

This paper presents a Critical Discourse Analysis (CDA) of four policy documents currently offering ‘sets of possibilities’ for the teaching of English as an additional or second language (hereafter EAL/ESL) in senior classrooms in Queensland, Australia. The aim is to identify the ways in which each document re-presents the notion of critical literacy. Leximancer software, and Fairclough’s textually-oriented discourse analysis method (2001, 2003) are used to interrogate the relevant sections of the documents for the ways in which they re-present (sic) and construct the discourses around critical language study. This paper presents the description, interpretation and explanation of the discourses in these documents which constitute part of a larger project in which teacher interviews and classroom teaching are also investigated for the ways in which ‘the critical’ is constructed and contested in knowledge and practice.

Enterprise systems in universities : a teaching case

This teaching case aims to contribute to understanding the phenomenon of Enterprise Systems (ES) implementations in universities. Through this case, students will gain understanding of the importance of ‘contextual elements’ for large scale information systems (IS) implementations, in particular ES. This teaching case illustrates how these contextual factors contribute to the success or failure of such implementations, and how they can influence the decisions that dictate the lifecycle of such systems. The case describes ES implementations at a leading Australian university, and presents a rich account of the institutional, national and industry-sector contexts that have influenced the directions and decisions taken. The journey encountered with the main Enterprise Systems that support Financials, Human Resources and Facilities are described suggesting the lifecycle phases, critical success factors and lessons learnt.

Making use of pedagogic models as reflective catalysts for investigating pedagogic practice

The notion of pedagogy for anyone in the teaching profession is innocuous. The term itself, is steeped in history but the details of the practice can be elusive. What does it mean for an academic to be embracing pedagogy? The problem is not limited to academics; most teachers baulk at the introduction of a pedagogic agenda and resist attempts to have them reflect on their classroom teaching practice, where ever that classroom might be constituted. This paper explores the application of a pedagogic model (Education Queensland, 2001) which was developed in the context of primary and secondary teaching and was part of a schooling agenda to improve pedagogy. As a teacher educator I introduced the model to classroom teachers (Hill, 2002) using an Appreciative Inquiry (Cooperrider and Srivastva 1987) model and at the same time applied the model to my own pedagogy as an academic. Despite being instigated as a model for classroom teachers, I found through my own practitioner investigation that the model was useful for exploring my own pedagogy as a university academic (Hill, 2007, 2008). Cooperrider, D.L. and Srivastva, S. (1987) Appreciative inquiry in organisational life, in Passmore, W. and Woodman, R. (Eds) Research in Organisational Changes and Development (Vol 1) Greenwich, CT: JAI Press. Pp 129-69 Education Queensland (2001) School Reform Longitudinal Study (QSRLS), Brisbane, Queensland Government. Hill, G. (2002, December ) Reflecting on professional practice with a cracked mirror: Productive Pedagogy experiences. Australian Association for Research in Education Conference. Brisbane, Australia. Hill, G. (2007) Making the assessment criteria explicit through writing feedback: A pedagogical approach to developing academic writing. International Journal of Pedagogies and Learning 3(1), 59-66. Hill, G. (2008) Supervising Practice Based Research. Studies in Learning, Evaluation, Innovation and Development, 5(4), 78-87

Use of advanced computer graphics and data visualisation technologies in teaching and learning of steel structural design

A teaching and learning development project is currently under way at Queens-land University of Technology to develop advanced technology videotapes for use with the delivery of structural engineering courses. These tapes consist of integrated computer and laboratory simulations of important concepts, and behaviour of structures and their components for a number of structural engineering subjects. They will be used as part of the regular lectures and thus will not only improve the quality of lectures and learning environment, but also will be able to replace the ever-dwindling laboratory teaching in these subjects. The use of these videotapes, developed using advanced computer graphics, data visualization and video technologies, will enrich the learning process of the current diverse engineering student body. This paper presents the details of this new method, the methodology used, the results and evaluation in relation to one of the structural engineering subjects, steel structures.

Artful shaping : the ethics of fictionalising oral history

The paper documents the development of an ethical framework for my current PhD project. I am a practice-led researcher with a background in creative writing. My project invovles conducting a number of oral history interviews with individuals living in Brisbane, Queensland, Australia. I use the interviews to inform a novel set in Brisbane. In doing so, I hope to provide a lens into a cultural and historical space by creating a rich, textured and vivid narrative while still retaining some of the essential aspects of the oral history. While developing a methodology for fictionalising these oral histories, I have encountered a derserve range of ethical issues. In particular I have had to confront my role as a writer and researcher working with other people’s stories. In order to grapple with the complex ethics of such an engagment, I examine the devices and stratedgies employed by other creative practioners working in similar fields. I focus chielfy on Miguel Barnet’s Biography of a Runaway Slave (published in English in 1968) Dave Eggers’What is the what: The autobiography of Valentino Achek Deng, a novel (2005) in order to understand the complex processes of mediation invloved in the artful shaping of oral histories. The paper explores how I have confronted and resolved ethical considerations in my theoretical and creative work.

Australian landscape lineages

Stephen Krog has pointed out that landscape architecture has an ill-studied Modernist history, and further suggested that landscape architecture is too theoretically bereft to have a considered theoretical Post-Modernism anyway. The projects that make up the Sunburnt exhibition all emerge from practitioners who were educated during the Post-Modern period in Australia, roughly the 10 years between 1985 and 1995 - a period corresponding to the Australian Bicentennial celebrations in 1988. This essay will quickly trace lineages of education, office experience and ideas through the projects and practices during that period. In common with theories of Post-Modernism in architecture propounded at the time, many of the projects exhibit an interest in pluralistic views of places, cultures and issues, including engaging contextual relationships with places, and involving urban form. These designers were interested in form at a time when it was regarded as incidental rather than important.

Teachers’ conceptions of essential knowledge for integrated social education : a middle years of schooling perspective from Australia

Integrated social education in Australia is a divisive educational issue. The last decade has been marked by a controversial integrated social studies curriculum called Studies of Society and Environment (SOSE) where history, geography and environmental studies were integrated with civics and citizenship. The introduction of a compulsory K-10 Australian Curriculum from 2011, however, marks the return to history and geography and the abandonment of SOSE. Curriculum reform aside, what do teachers think is essential knowledge for middle years social education? The paper reports on a phenomenographical exploration of thirty-one middle school teachers’ conceptions of essential knowledge for SOSE. Framed by Shulman’s (1986, 1987) theoretical framework of the knowledge base for teaching, the research identified seven qualitatively different ways of understanding essential knowledge for integrated social education. The study indicates a practice-based theorization of integrated social education that justifies attention to disciplinary process and teacher identity in middle school social education.

Visual arts, technology and education : how can teaching and learning in high school visual arts classrooms be enriched by the use of computer technology?

Whilst a variety of studies has appeared over the last decade addressing the gap between the potential promised by computers and the reality experienced in the classroom by teachers and students, few have specifically addressed the situation as it pertains to the visual arts classroom. The aim of this study was to explore the reality of the classroom use of computers for three visual arts highschool teachers and determine how computer technology might enrich visual arts teaching and learning. An action research approach was employed to enable the researcher to understand the situation from the teachers' points of view while contributing to their professional practice. The wider social context surrounding this study is characterised by an increase in visual communications brought about by rapid advances in computer technology. The powerful combination of visual imagery and computer technology is illustrated by continuing developments in the print, film and television industries. In particular, the recent growth of interactive multimedia epitomises this combination and is significant to this study as it represents a new form of publishing of great interest to educators and artists alike. In this social context, visual arts education has a significant role to play. By cultivating a critical awareness of the implications of technology use and promoting a creative approach to the application of computer technology within the visual arts, visual arts education is in a position to provide an essential service to students who will leave high school to participate in a visual information age as both consumers and producers.