Implementing the self-management threshold learning outcome for law : some intentional design strategies from the current curriculum toolbox

There is a growing awareness of the high levels of psychological distress being experienced by law students and the practising profession in Australia. In this context, a Threshold Learning Outcome (TLO) on self-management has been included in the six TLOs recently articulated as minimum learning outcomes for all Australian graduates of the Bachelor of Laws degree (LLB). The TLOs were developed during 2010 as part of the Australian Learning and Teaching Council’s (ALTC’s) project funded by the Australian Government to articulate ‘Learning and Teaching Academic Standards’. The TLOs are the result of a comprehensive national consultation process led by the ALTC’s Discipline Scholars: Law, Professors Sally Kift and Mark Israel.1 The TLOs have been endorsed by the Council of Australian Law Deans (CALD) and have received broad support from members of the judiciary and practising profession, representative bodies of the legal profession, law students and recent graduates, Legal Services Commissioners and the Law Admissions Consultative Committee. At the time of writing, TLOs for the Juris Doctor (JD) are also being developed, utilising the TLOs articulated for the LLB as their starting point but restating the JD requirements as the higher order outcomes expected of graduates of a ‘Masters Degree (Extended)’, this being the award level designation for the JD now set out in the new Australian Qualifications Framework.2 As Australian law schools begin embedding the learning, teaching and assessment of the TLOs in their curricula, and seek to assure graduates’ achievement of them, guidance on the implementation of the self-management TLO is salient and timely.

IT pricing: Copyright law, consumer rights, and competition policy. A submission to the House of Representatives Standing Committee on Infrastructure and Communications Inquiry into IT Pricing

For a hundred years, since Federation, Australian consumers have suffered the indignity and the tragedy of price discrimination. From the time of imperial publishing networks, Australia has been suffered from cultural colonialism. In respect of pricing of copyright works, Australian consumers have been gouged; ripped-off; and exploited. Digital technologies have not necessarily brought an end to such price discrimination. Australian consumers have been locked out by technological protection measures; subject to surveillance, privacy intrusions and security breaches; locked into walled gardens by digital rights management systems; and geo-blocked.

The fight for fair use in Australia: Copyright law in an age of cloud computing

Fair Use Week has celebrated the evolution and development of the defence of fair use under copyright law in the United States. As Krista Cox noted, ‘As a flexible doctrine, fair use can adapt to evolving technologies and new situations that may arise, and its long history demonstrates its importance in promoting access to information, future innovation, and creativity.’ While the defence of fair use has flourished in the United States, the adoption of the defence of fair use in other jurisdictions has often been stymied. Professor Peter Jaszi has reflected: ‘We can only wonder (with some bemusement) why some of our most important foreign competitors, like the European Union, haven’t figured out that fair use is, to a great extent, the “secret sauce” of U.S. cultural competitiveness.’ Jurisdictions such as Australia have been at a dismal disadvantage, because they lack the freedoms and flexibilities of the defence of fair use.

Law as lore

Law is saturated with stories. People tell their stories to lawyers; lawyers tell their clients’ stories to courts; legislators develop regulation to respond to their constituents’ stories of injustice or inequality. In legal education, professors devise hypothetical scenarios to test student understanding of legal doctrine; in law examinations and assignments, students construct advice to fictional clients. The common law legal system derives many of its foundational principles from case law — in effect, stories with legal solutions — that have accumulated over time. The civil law system, despite a different design centred on legal codes, also relies on judicial story-telling to interpret the code provisions and flesh out the gaps.

The Role of the Law in Communicating Patient Safety

This chapter considers the role of the law in communicating patient safety. Downie, Lahey, Ford, et al’s (2006) preventing, knowing and responding theoretical framework is adopted to classify the different elements of patient safety law. Rather than setting out all relevant patient safety laws in detail, this chapter highlights key legal strategies which are employed to: prevent the occurrence of patient safety incidents (preventing); support the discovery and open discussion of patient safety incidents when they do occur (knowing),; and guide responses after they occur (responding) (Downie, Lahey, Ford, et al 2006). The law is increasingly being invoked to facilitate open discussion of and communication surrounding patient safety. After highlighting some legal strategies used to communicate patient safety, two practice examples are presented. The practice examples highlight different aspects of patient safety law and are indicative of communication issues commonly faced in practice. The first practice example focuses on the role of the Ccoroner in communicating patient safety. This example highlights the investigative role of the law in relation to patient safety (knowing). It also showcases the preventing responding and preventing elements in respect of the significant number of communication errors that can occur in a multi-disciplinary, networked health system. The main focus of the second practice example is responding example illustrates how the law responds to health service providers’ and professionals’ miscommunication (and subsequent incidents) during treatment, however it also touches upon knowing and preventing.

Kansanomainen moraali : Tutkimus savolaisista ja pohjalaisista uskomustarinoista

In my research I discuss belief legends as representations of folk morals. Doing wrong is not one s private affair because it can have consequences for the life of a whole community, and therefore, it is in a community s interest to control the conduct of its members. Belief legends have served as a means of instruction for proper behaviour. In this way a community has contributed to the socialization of its members so as to make them comply with common norms and morals. My study is focused on belief legends relating to some type of offence (a crime, an infringement or another kind of misdeed) and its consequences. I try to find out whether there are regional differences and similarities. The material consists of 3120 warning legends that have been recorded in the years 1881‒1981, mainly in Southern Savo and Southern Ostrobothnia, partly in Northern Savo and Northern Ostrobothnia. I have collected the material at the Folklore Archives of the Finnish Literature Society. As a research method I apply discourse analysis to outline the schematic model of the legends, the superstructure, and the substance of the legends, the semantic macrostructure. Also I apply quantitative methods such as cross tabulations in order to establish regional differences and similarities in the concentrated and far abstracted semantic macrostructure of the legends. I look for explanations for the perceptions made in, above all, the cultural context but also with the view of the development of judicial history. Warning legends relating to what is wrong or right are clearly an expression of peasant folklore. The most common types of offences are violations of law and transgressions of Christian traditions and of social conduct. Transgression of Christian traditions is the most frequently committed offence in all geographical areas surveyed. Warning legends have an explicit focus on offence committed by a single person. The most common punishing figure in Southern Savo is the Devil, in Southern Ostrobothnia the Dead, in Northern Savo God, and in Northern Ostrobothnia the Dead or God. The most rigid folk morals are manifested in legends from Northern Savo, where narratives of mortal sin are more frequent than in other areas. The influence of the revivalist movements may be alleged in explanation of this phenomenon. According to these legends people living in Southern Savo are the most tolerant of those included in the study, presumably because of a more liberal revivalist movement in this area, called the Friendship movement. In folk morals women are treated more severely than men. Characteristic of the legends from Ostrobothnia is the emphasis on community, while the legends from Savo lay stress on individuality. The legends from Ostrobothnia manifest a more explicit distinction between the offence committed by a woman and one committed by a man than do legends from Savo. An explanation may be found in the prevailing industries, adherent in the division of labour between the sexes, in this region. The legends are man-centric. Women s occupations are connected with home and family, whereas men s fields of activities are wider. Women moralise each other harsher than do men. Folk morals advise people to be moderate in every sense. Through belief legends people are taught to respect human beings and the rest of creation, to obey the Christian religion and God, and to be moderate in search of wealth.

Rolling out the future: The current status of the Australian NBN and its impact for property

The future functioning of the digital economy is inextricably linked to the use of high-speed broadband networks. As evidenced by recent Australian federal election campaigns, a focus has been on the rollout of the physical networks. The research seeks to determine the effectiveness of the current NBN rollout as a measure of Australia’s progression towards a fully functioning digital economy. The author examines submissions to the recent RTIRC Telecommunications Review 2015 in order to ascertain the NBN’s current impact upon Australia’s digital economy.

Promoting law student well-being – A developing program and the use of animation

It is widely acknowledged that student mental well-being is a critical factor in the tertiary student learning experience and is important to student learning success. The issue of student mental well-being also has implications for effective student transition out of university and into the world of work. It is therefore vital that intentional strategies are adopted by universities both within the formal curriculum, and outside it, to promote student well-being. This paper describes the ongoing development of the ‘I Belong in the LLB’ program at the Queensland University of Technology Law School, and the use of animation to engage students with the importance of mental health.

Posted Workers and Free Movement of Services in the European Union – the Impact on National Employment and Immigration Law

This thesis examines posting of workers within the free movement of services in the European Union. The emphasis is on the case law of the European Court of Justice and in the role it has played in the liberalisation of the service sector in respect of posting of workers. The case law is examined from two different viewpoints: firstly, that of employment law and secondly, immigration law. The aim is to find out how active a role the Court has taken with regard these two fields of law and what are the implications of the Court’s judgments for the regulation on a national level. The first part of the thesis provides a general review of the Community law principles governing the freedom to provide services in the EU. The second part presents the Posted Workers’ Directive and the case law of the European Court of Justice before and after the enactment of the Directive from the viewpoint of employment law. Special attention is paid to a recent judgment in which the Court has taken a restrictive position with regard to a trade union’s right to take collective action against a service provider established in another Member State. The third part of the thesis concentrates, firstly, on the legal status of non-EU nationals lawfully resident in the EU. Secondly, it looks into the question of how the Court’s case law has affected the possibilities to use non-EU nationals as posted workers within the freedom to provide services. The final chapter includes a critical analysis of the Court’s case law on posted workers. The judgments of the European Court of Justice are the principal source of law for this thesis. In the primary legislation the focus is on Articles 49 EC and 50 EC that lay down the rules concerning the free movement of services. Within the secondary legislation, the present work principally concentrates on the Posted Workers’ Directive. It also examines proposals of the European Commission and directives that have been adopted in the field of immigration. The conclusions of the case study are twofold: while in the field of employment law, the European Court of Justice has based its judgments on a very literal interpretation of the Posted Workers’ Directive, in the field of immigration its conclusions have been much more innovative. In both fields of regulation the Court’s judgments have far-reaching implications for the rules concerning posting of workers leaving very little discretion for the Member States’ authorities.

Deformation dynamics of SS-316 Between 1023-K TO 1223-K In The Framework of Cottrell-Stokes Law

Kocks' formalism for analysing steady state deformation data for the case where Cottrell-Stokes law is valid is extended to incorporate possible back stresses from solution and/or precipitation hardening, and dependence of pre-exponential factor on the applied stress. A simple graphical procedure for exploiting these equations is demonstrated by analyzing tensile steady state data for a type 316 austentic stainless steel for the temperature range 1023 to 1223 K. In this instance, the computed back stress values turned out to be negative, a physically meaningless result. This shows that for SS 316, deformation in this temperature regime can not be interpreted in terms of a mechanism that obeys Cottrell-Stokes law.

Robustness Study of a Dynamic Inversion Control Law for a High Performance Aircraft

In the design of °ight control system modeling uncertainties in the form of param-eter variations is one of the major problems. It is even more critical for high performance aircrafts,since such aircrafts are purposefully designed unstable to enhance their performance (especially ma-neuverability). Hence the °ight control system needs to be quite e®ective in both assuring accurate tracking of pilot commands, while simultaneously assuring overall stability of the aircraft. In addi-tion, the control system must also be su±ciently robust to cater for possible parameter variations and inaccuracies . The primary aim of this paper is to carry out a robustness study of a dynamic inversion based nonlinear control design for a high performance aircraft, which has been developed recently [1].

Data acquisition and processing at ocean bottom for a Tsunami warning system

The design and development of a Bottom Pressure Recorder for a Tsunami Early Warning System is described here. The special requirements that it should satisfy for the specific application of deployment at ocean bed and pressure monitoring of the water column above are dealt with. A high-resolution data digitization and low circuit power consumption are typical ones. The implementation details of the data sensing and acquisition part to meet these are also brought out. The data processing part typically encompasses a Tsunami detection algorithm that should detect an event of significance in the background of a variety of periodic and aperiodic noise signals. Such an algorithm and its simulation are presented. Further, the results of sea trials carried out on the system off the Chennai coast are presented. The high quality and fidelity of the data prove that the system design is robust despite its low cost and with suitable augmentations, is ready for a full-fledged deployment at ocean bed. (C) 2013 Elsevier Ltd. All rights reserved.

Higher-order analysis of crack tip fields in elastic power-law hardening materials

A HIGHER-ORDER asymptotic analysis of a stationary crack in an elastic power-law hardening material has been carried out for plane strain, Mode 1. The extent to which elasticity affects the near-tip fields is determined by the strain hardening exponent n. Five terms in the asymptotic series for the stresses have been derived for n = 3. However, only three amplitudes can be independently prescribed. These are K1, K2 and K5 corresponding to amplitudes of the first-, second- and fifth-order terms. Four terms in the asymptotic series have been obtained for n = 5, 7 and 10; in these cases, the independent amplitudes are K1, K2 and K4. It is found that appropriate choices of K2 and K4 can reproduce near-tip fields representative of a broad range of crack tip constraints in moderate and low hardening materials. Indeed, fields characterized by distinctly different stress triaxiality levels (established by finite element analysis) have been matched by the asymptotic series. The zone of dominance of the asymptotic series extends over distances of about 10 crack openings ahead of the crack tip encompassing length scales that are microstructurally significant. Furthermore, the higher-order terms collectively describe a spatially uniform hydrostatic stress field (of adjustable magnitude) ahead of the crack. Our results lend support to a suggestion that J and a measure of near-tip stress triaxiality can describe the full range of near-tip states.

Sliding mode control law for a variable speedwind turbine

Modern wind turbines are designed in order to work in variable speed operations. To perform this task, wind turbines are provided with adjustable speed generators, like the double feed induction generator. One of the main advantage of adjustable speed generators is improving the system efficiency compared to fixed speed generators, because turbine speed can be adjusted as a function of wind speed in order to maximize the output power. However this system requires a suitable speed controller in order to track the optimal reference speed of the wind turbine. In this work, a sliding mode control for variable speed wind turbines is proposed. An integral sliding surface is used, because the integral term avoids the use of the acceleration signal, which reduces the high frequency components in the sliding variable. The proposed design also uses the vector oriented control theory in order to simplify the generator dynamical equations. The stability analysis of the proposed controller has been carried out under wind variations and parameter uncertainties by using the Lyapunov stability theory. Finally simulated results show, on the one hand that the proposed controller provides a high-performance dynamic behavior, and on the other hand that this scheme is robust with respect to parameter uncertainties and wind speed variations, that usually appear in real systems.

Investigation on average void fraction for air/non-Newtonian power-law fluids two-phase flow in downward inclined pipes

The present work has been carried out to investigate on the average void fraction of gas/non-Newtonian fluids flow in downward inclined pipes. The influences of pipe inclination angle on the average void fraction were studied experimentally. A simple correlation, which incorporated the method of Vlachos et al. for gas/Newtonain fluid horizontal flow, the correction factor of Farooqi and Richardson and the pipe inclination angle, was proposed to predict the average void fraction of gas/non-Newtonian power-law stratified flow in downward inclined pipes. The correlation was based on 470 data points covering a wide range of flow rates for different systems at diverse angles. A good agreement was obtained between theory and data and the fitting results could describe the majority of the experimental data within ±20%.