Lawyers behaving badly in mediations : lessons for legal educators

This article will discuss some real life case examples of what will be termed “lawyers behaving badly” where it will be argued that legal representatives have not performed as effectively as they could have in mediation settings. These instances of “lawyer misbehaviour” will be grouped under several broad headings: the Process Thwarter, the Zealous Adversarial Advocate, the Misguided Advisor, the Distributive Bargainer, the Passive Advocate, and the Legal Takeover. Reflecting on these situations will provide guidance to legal educators as to the specific areas of dispute resolution knowledge and skills that future lawyers need to learn and develop.

Displaced granulosa cells in peritoneal washings : a rare diagnostic pitfall

Developing follicles and follicular cysts in the ovary are lined by granulosa cells. Approximately the size of histiocytes, non-neoplastic granulosa cells have scant granular to foamy cytoplasm and mildly atypical hyperchromatic nuclei, which may be mitotically active. 1 Displaced granulosa cells, derived from normal follicles and introduced into ovarian vascular channels, ovarian stroma and the fallopian tube, have been reported to cause diagnostic difficulty in histol- ogy, as they may mimic small cell carcinoma or other metastatic carcinomas. 2–4 The cells are thought to be displaced artefactually due to surgical trauma or during sectioning in the laboratory or during ovulation...

Academic honors and performance

Despite the social importance of awards, they have been largely disregarded by academic research in economics. This paper investigates whether receiving prestigious academic awards—the John Bates Clark Medal and the Fellowship of the Econometric Society—is associated with higher subsequent research productivity and status compared to a synthetic control group of non-recipient scholars with similar previous research performance. Our results suggest statistically significant positive publication and citation differences after award receipt.

“This is not a burning issue for me”: How citizens justify their use of wood heaters in a city with a severe air pollution problem

Although wood smoke pollution has been linked to health problems, wood burning remains a popular form of domestic heating in many countries across the world. In this paper, we describe the rhetoric of resistance to wood heater regulation amongst citizens in the regional Australian town of Armidale, where wood smoke levels regularly exceed national health advisory limits. We discuss how this is related to particular sources of resistance, such as affective attachment to wood heating and socio-cultural norms. The research draws on six focus groups with participants from households with and without wood heating. With reference to practice theory, we argue that citizen discourses favouring wood burning draw upon a rich suite of justifications and present this activity as a natural and traditional activity promoting comfort and cohesion. Such discourses also emphasise the identity of the town as a rural community and the supposed gemeinschaft qualities of such places. We show that, in this domain of energy policy, it is not enough to present ‘facts’ which have little emotional association or meaning for the populace. Rather, we need understand how social scripts, often localised, inform identity and practice.

Alarm setting for the critically ill patient : A descriptive pilot survey of nurses’ perceptions of current practice in an Australian Regional Critical Care Unit

Aim: The aim of this survey was to assess registered nurse’s perceptions of alarm setting and management in an Australian Regional Critical Care Unit. Background: The setting and management of alarms within the critical care environment is one of the key responsibilities of the nurse in this area. However, with up to 99% of alarms potentially being false-positives it is easy for the nurse to become desensitised or fatigued by incessant alarms; in some cases up to 400 per patient per day. Inadvertently ignoring, silencing or disabling alarms can have deleterious implications for the patient and nurse. Method: A total population sample of 48 nursing staff from a 13 bedded ICU/HDU/CCU within regional Australia were asked to participate. A 10 item open-ended and multiple choice questionnaire was distributed to determine their perceptions and attitudes of alarm setting and management within this clinical area. Results: Two key themes were identified from the open-ended questions: attitudes towards inappropriate alarm settings and annoyance at delayed responses to alarms. A significant number of respondents (93%) agreed that alarm fatigue can result in alarm desensitisation and the disabling of alarms, whilst 81% suggested the key factors are those associated with false-positive alarms and inappropriately set alarms.

Community environment education centers : Facilitating community created ecoscapes

This study focuses on designing a community environment education center (CEEC) for Chillingham, as a hub for community transition to sustainability, redressing social fragmentation, youth unemployment, a high eco-footprint and economic rural decline due to globalisation. The ecologically sustainable development framework was delivered by integrating environment education and community development through project-based experiential learning. The development of Chillingham Community Centre involved case study research and incorporated participatory design charrettes, transformative learning, eco-positive development and community-public-private partnerships. This process evolved from community strategic planning in a small rural village buffering world heritage rainforests impacted by a rapidly expanding urban conurbation on Australia’s east coast. This community space encompasses socio-environmental flows connecting people to each other and the ecoscape to grow natural capital, community cohesion and empower eco-governance. Modelling passive solar design, on-site renewable energy/water/nutrient cycling, community garden/market and environment education programs sowed the seeds for a green local economy, demonstrating community capacity to participate in transition to sustainability. A small rural community can demonstrate to other communities that a CEEC enables people to meet their socio-environmental and economic needs locally and sustainably. The ecologically sustainable solution is holistic, all settlements need to be richly biodiverse, locally specific and globally wise.

Predicting Australian builders’ intentions to use prefabrication

This study presents the results of the first large scale survey of Australian builders’ beliefs about prefabrication, drawing on 454 surveys completed by representatives of building companies in Queensland and Western Australia. Previous literature has identified a number of broad themes affecting the uptake of prefabrication. The current study builds on this work by using a structured theoretical model based on the Theory of Planned Behaviour (TPB) and the Technology Acceptance Model (TAM), to further explore the specific factors influencing builders’ intentions to increase their use of prefabrication. Information was gathered concerning the characteristics of respondents in addition to three aims. The aims were: (1) To identify the relative importance of a number of key factors which may affect builders’ use of prefabrication, (2) To compare the characteristics of builders using various levels of prefabrication (including none), and; (3) To determine if a model based on the TPB, TAM, and other control variables can explain builders’ intentions to adopt prefabrication on their housing projects.

Offending behaviour and mental illness : characteristics of a mental health court liaison service

This paper begins with a brief review of recent literature about relationships between offending behaviour and mental illness, classifying studies by the settings within which they occurred. The establishment and role of a mental health court liaison (MHCL) service is then described, together with findings from a 3-year service audit, including an examination of relationships between clients’ characteristics and offence profiles, and comparisons with regional offence data. During the audit period, 971 clients (767 males, 204 females) were referred to the service, comprising 1139 service episodes, 35.5% of which involved a comorbid substance use diagnosis. The pattern of offences for MHCL clients was reasonably similar to the regional offence data, except that among MHCL clients there were proportionately more offences against justice procedures (e.g., breaches of apprehended violence orders [AVOs]) and fewer driving offences and “other offences”. Additionally, male MHCL clients had proportionately more malicious damage and robbery offences and lower rates of offensive behaviour and drug offences. A range of service and research issues is also discussed. Overall, the new service appears to have forged more effective links between the mental health and criminal justice systems.

The impact of Internet marketing capabilities on international network capability, a cross country study comparison between Australia, Chile and Taiwan internationalised SMEs

The Internet has been shown to positively enhance internationalisation for SMEs, but scant empirical testing limits our understanding of the explicit impact of the Internet on firm internationalisation. This paper highlights key areas where the integration of the Internet can be leveraged through Internet-related capabilities within the internationalisation of the firm. Specifically, this study investigates how Internet marketing capabilities play a role in altering international information availability, international strategic orientation, and international business network relationships. This study provides evidence, indicating that these key relationships may vary between countries. To examine these key relationships this study utilises draws from data small and medium sized enterprises (SMEs) in three export intensive markets; Australia (215 international SMEs), Chile (204 international SMEs) and Taiwan (130 international SMEs); and tests a conceptual model through structural equation modelling. Results from the data show the impact of Internet marketing capabilities in positively impacting traditional internationalisation elements, which varies between countries. That is, our findings highlight the international business network relationships in Australia and Taiwan are directly impacted by Internet marketing capabilities, but not in Chile. We offer some insight into why we see variance across comparative exporting countries in how they leverage new technological capabilities for internationalisation and firm performance.

Cosmopatriatism in Indonesian pop music imagings

In this article, cosmopatriotism is seen to describe an effect of transnational capitalism’s need to “settle down” in particular localities. The self-imaging of female singer Krisdayanti and punk band Superman is Dead serve as agentive forces in the working out of novel, post-New Order modernities. The body, in particular, is an important site to inscribe a sense of authenticity and social mobility, as well as to work out a sense of post-Suharto Indonesian-ness.

A vibrational spectroscopic study of the silicate mineral kornerupine

We have studied the mineral kornerupine, a borosilicate mineral, by using a combination of scanning electron microscopy with energy-dispersive analysis and Raman and infrared spectroscopy. Qualitative chemical analysis of kornerupine shows a magnesium–aluminum silicate. Strong Raman bands at 925, 995, and 1051 cm−1 with bands of lesser intensity at 1035 and 1084 cm−1 are assigned to the silicon–oxygen stretching vibrations of the siloxane units. Raman bands at 923 and 947 cm−1 are attributed to the symmetrical stretching vibrations of trigonal boron. Infrared spectra show greater complexity and the infrared bands are more difficult to assign. Two intense Raman bands at 3547 and 3612 cm−1 are assigned to the stretching vibrations of hydroxyl units. The infrared bands are observed at 3544 and 3610 cm−1. Water is also identified in the spectra of kornerupine.

No laughing matter: Blaming the victim of online fraud

There is a strong sense of negativity associated with online fraud victimization. Despite an increasing awareness, understanding about the reality of victimization experiences is not apparent. Rather, victims of online fraud are constructed as greedy and gullible and there is an overwhelming sense of blame and responsibility levelled at them for the actions that led to their losses. This belief transcends both non-victims and victims. The existence of this victim-blaming discourse is significant. Based on interviews with 85 seniors across Queensland, Australia, who received fraudulent emails, this article establishes the victim-blaming discourse as an overwhelmingly powerful and controlling discourse about online fraud victimization. However, the article also examines how humour acts as a tool to reinforce this discourse by isolating victims and impacting on their ability to disclose to those around them. Identifying and challenging this victim-blaming discourse, as well as the role of humour and its social acceptance, is a first step in the facilitation of victim recovery and future well-being.

Designing hubs for connected learning: social, spatial and technological insights from Coworking, Hackerspaces and Meetup groups

Connected learning, as a design approach, does not restrict learning to a dedicated learning space (school, university, etc.), but considers it to be an aggregation of individual experiences made through intrinsically motivated, active participation in and across various socio-cultural, every-day life environments. Urban places for meeting, interacting and connected learning with people from diverse backgrounds, cultures and areas of expertise are highly significant in the knowledge economy of our 21st century. However, little is yet known about best practices to design and curate such hubs that attract and support interest-driven and socially embedded learning experiences. The research study presented in this paper investigates design aspects that contribute to successful place-based spaces for connected learning. The paper reports findings from observations as well as interviews with users and managers of three different types of local, community-led learning environments, i.e., coworking spaces, hackerspaces, and meetup groups across Australia. The findings reveal social, spatial and technological interventions that these spaces apply to nourish a culture of connected learning, sharing and peer interaction. The discussion suggests a set of design implications for designers, managers and decision makers that have an interest in nourishing a connected learning culture among their user community.

Outdated journal rankings and the ERA exercise

As the results of the latest Excellence in Research Australia (ERA) exercise come closer to being announced, universities around Australia are holding their collective breaths. The ERA claims to be an assessment of research strengths and quality at Australian universities. While it is not supposed to produce a set of league tables, ultimately that is what tends to happen...

A proposal for a clean technology directive: European patent law and climate change

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies - especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law - considering patentable subject matter; patent incentives; and patent exceptions.