Gifts, the law and functional rationalism

This paper examines the legal facilitation (or rather lack of facilitation) of gifts. The emerging western political ideology of welfare is based on the premise that nonprofit organisations are to play a far greater role in the delivery of welfare services. This role will be enabled in part by increased gifts. The ideology has not addressed the fundamental hostility of the law to the facilitation of gifts. The nature of the legal obstruction of such gifts is compared to equivalent commercial transactions, the reasons given for this obstruction are analysed and the appropriateness of such nonfacilitation is challenged. A state that does not alter the legal hostility to gifts may find that organisations do not attain their expected role in the changing welfare state.

Confronting consensus : the art and politics of Christopher Howlett

The article discusses the art career and works of Brisbane artist Christopher Howlett. Howlett has engaged with a number of political issues in a range of media. Issues include the artist as 'labourer', art in the age of tabloid media, art and celebrity culture in media such as performance, installation, sound works, and digital frameworks.

Data mining traditional Chinese medicine (TCM) lessons learnt from mining in law and allopathic medicine

Key decisions at the collection, pre-processing, transformation, mining and interpretation phase of any knowledge discovery from database (KDD) process depend heavily on assumptions and theorectical perspectives relating to the type of task to be performed and characteristics of data sourced. In this article, we compare and contrast theoretical perspectives and assumptions taken in data mining exercises in the legal domain with those adopted in data mining in TCM and allopathic medicine. The juxtaposition results in insights for the application of KDD for Traditional Chinese Medicine.

The battered child syndrome : changes in the law and child advocacy

In 1962, Dr C. Henry Kempe and his colleagues published the single most important article written to date about child maltreatment: The Battered-Child Syndrome. This chapter analyses the threefold nature of what these authors achieved: clearly identifing the medical evidence of severe child physical abuse and naming it as a syndrome; identifying the medical profession's resistance to its identification; and then translating their scholarship into advocacy for social and legal change. The chapter also traces some of the effects of Kempe's work, including the nature and effect of the subsequent introduction of mandatory reporting laws in the USA and internationally.

Property law and practice in Queensland : being a commentary on the Property Law Act 1974

A Commentary on the Property Law Act 1974 Queensland

Reasonable adjustments in assessment : putting law and policy into practice in Australia

The Australian Disability Standards for Education 2005 (Cth) require education providers to make reasonable adjustments in educational assessment so that students with disability can participate on the same basis as other students and be able to demonstrate what they know and can do. Reasonableness is governed by a determination of the balance of interests, benefits and detriment to the parties involved. The Standards require providers to consult with students and associates on adjustments, although guidance on how consultation should occur and how the views of students and associates are to be taken into account is vague. In this article, we identify three principles to be considered in order to put appropriate and effective reasonable adjustments in assessment into practice. While Australian law and assessment contexts are used to examine intentions, expectations and practices in educational assessment for students with disability, we argue that these three principles must be considered in any national education system to ensure equitable assessment practices and achieve equitable educational inclusion for students with disability.

National electronic conveyancing : outline of national law and rules

This article will outline the impact of the Electronic Conveyancing National Law (ECNL) and the draft Model Participation Rules (MPR) on conveyancing practice and the obligations of lawyers and conveyancers.

Environmental pollution from shipbreaking industry : international law and national legal response

The international legal regime on shipbreaking is in its formative years. At the international level, the shipbreaking industry is partially governed by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. However, how far this convention will be applicable for all aspects of transboundary movement of end-of-life ships is still, at least in the view of some scholars, a debatable issue. Against this backdrop, the International Maritime Organisation (IMO) has adopted a new, legally binding convention for shipbreaking. There is a rising voice from the developing countries that the convention is likely to impose more obligations on recycling facilities in the developing countries than on shipowners from rich nations. This may be identified as a clear derogation from the globally recognized international environmental law principle of common but differentiated treatment. This article will examine in detail major international conventions regulating transboundary movement and environmentally sound disposal of obsolete ships, as well as the corresponding laws of Bangladesh for implementing these conventions in the domestic arena. Moreover this article will examine in detail the recently adopted IMO Ship Recycling Convention.

Emptiness and fullness : Pinter, anti-architecture and politics

Classical architecture has a long history of representing the idealized proportions of the human body, derived from the Vitruvian man. This association with the idealized human form has also associated architecture as symbiotic with prevailing power structures. Meaning that architecture is always loaded with some signification, it creates a highly inscribed space. In the absence of architecture space is not necessarily without inscription, for within the void there can exist an anti-architecture. Like the black box theatre, it is both empty and full at the same time, in the absence of the architecture, the void of space and how it is occupied becomes much more profound. As Dorita Hannah writes, ‘In denying a purely visual apprehension of built space, and suggesting a profound interiority, the black-box posits a new way of regarding the body in space.’ This paper analyses the work of Harold Pinter and his use of the body to create an anti-architecture to subvert oppressors and power structures. Pinter’s works are an important case study in this research due to their political nature. His works are also heavily tied to territory, which bound the works in a dependent relationship with a simulated ‘place’. In the citation accompanying the playwright’s Nobel Laureate it states, '...in his plays [he] uncovers the precipice under everyday prattle and forces entry into oppression's closed rooms.' In Pinter’s work oppression manifests itself in the representation of a room, the architecture, which is the cause of a power struggle when objectified and defeated when subjectified. The following work examines how Pinter uses the body to subjectify and represent architecture as authority in his earlier works, which relied on detailed mimetic sets of domestic rooms, and then in his later political works, that were freed of representational scenography. This paper will also look at the adaption of Pinter’s work by the Belarus Free Theatre in their 2008 production of ‘Being Harold Pinter.’ The work of Pinter and the Belarus Free Theatre are concerned with authoritarian political structures. That is, political structures that works against ideas of individualism, ascribing to a mass-produced body as an artifact of dictatorship and conservatism. The focus on the body in space on an empty stage draws attention to the individual – the body amongst scenography can become merely another prop, lost in the borders and boundaries the scenery dictates. Through an analysis of selected works by Harold Pinter and their interpretations, this paper examines this paradox of emptiness and fullness through the body as anti-architecture in performance.

Socio-Spatial Approaches To Literacy Studies: Rethinking the Social Constitution and Politics of Space

Literacy studies have begun to examine the spatial dimension of literacy practices in a way that foregrounds space, and that considers space as constitutive to human relations and practices. This chapter provides an introduction to spatial literacy research, providing a guide to key theorists, themes, and studies that have shaped historical and new developments in spatial approaches to literacy practice and pedagogy. It begins by reconceptualising socio-spatial approaches to literacy research and defines terms. Intersections with related social theories are examined, with an emphasis on critical approaches and the politics of space. It clarifies the relationship between socio-spatial and socio-cultural paradigms, revisiting the spatial in seminal socio-cultural research. It covers new ground,including networks, flows, and deterritorialisation of literacy practice. The chapter concludes with challenges and recommendations for future language research and educational practice.

Copyrights and copyfights : copyright law and the digital economy

This paper will consider questions around the reform of copyright law, and how they are increasingly being framed by the challenges of the digital economy. It discusses the review of copyright and the digital economy being undertaken by the Australian Law Reform Commission, with particular reference to the costs and benefits of copyright law to consumers and creative producers. We argue that there is a pressing need to develop fair copyright rules that encourage investment in the digital economy, allow widespread dissemination of knowledge through society, and support the innovative reuse of copyright works. To better align copyright law with these goals, we recommend that Australia introduce an open ended ‘fair use’ style copyright exception, and encourage the development of a digital copyright exchange of the sort discussed in the UK by the Hargreaves and Hooper Reports.