Unconscionability and commercial law

Standard of unconscionability in private and commercial cases - argument for caution in the standard's use - instability as a juridical notion - concern about the coherence of the doctrine - statutory provisions in Australia compound current problems - questionable status of unconscionability as a legally useful term.

Offensive language, offensive behaviour and public nuisance: Empirical and theoretical analyses

Offensive behaviour and offensive language - new Queensland public nuisance offence - interpretation and enforcement by police and magistrates - impact of changes to legislation on the number and nature of prosecutions for legally unacceptable behaviour and language coming before the courts - results of empirical study indicate that public nuisance offence is not meeting its objectives - not being targeted only at behaviour which threatens the safety or security of people using public space as was its intention.

South Pacific law materials bibliography

The South Pacific is an area of emerging importance to lawyers in North America and throughout the world. Dr. Care's bibliography provides a comprehensive introduction to the legal materials of Melanesia, Micronesia, and Polynesia.

Numerical solutions of the sediment conservation law: A review and improved formulation for coastal morphological modelling

Numerical solutions of the sediment conservation law are reviewed in terms of their application to bed update schemes in coastal morphological models. It is demonstrated that inadequately formulated numerical techniques lead to the introduction of diffusion, dispersion and the bed elevation oscillations previously reported in the literature. Four different bed update schemes are then reviewed and tested against benchmark analytical solutions. These include a first order upwind scheme, two Lax-Wendroff schemes and a non-oscillating centred scheme (NOCS) recently applied to morphological modelling by Saint-Cast [Saint-Cast, F., 2002. Modelisation de la morphodynamique des corps sableux en milieu littoral (Modelling of coastal sand banks morphodynamics), University Bordeaux 1, Bordeaux, 245 pp.]. It is shown that NOCS limits and controls numerical errors while including all the sediment flux gradients that control morphological change. Further, no post solution filtering is required, which avoids difficulties with selecting filter strength. Finally, NOCS is compared to a recent Lax-Wendroff scheme with post-solution filtering for a longer term simulation of the morphological evolution around a trained river entrance. (C) 2006 Elsevier B.V. All rights reserved.

Liberal Democracy and the Inferior 'Other'Other’: Could the peace liberal democracy promises to bring not extend to ‘Others’?

Advocates of liberal democracy argue that its principles and practices contribute directly to peace (at both inter-state and domestic levels). They rely on ideals such as the rule of law, institutional checks and balances on power, an ethos of tolerance, and free market economics to deliver the liberal peace. Liberals, however, overlook three important features embedded in the construction of liberal democracy which can serve to facilitate political violence: 1) the fixed and thus non-negotiable nature of liberal democracy’s core principles, 2) the inferior manner in which it conceives ‘Other’ social orders that do not share its core principles, and 3) the urge to proselytise Others. Together, these constitutive qualities can facilitate moves by leaders of Other groups to argue that liberal democracy threatens ‘their’ preferred identity, and thus its promised peaceful outcomes can be put in doubt.