982 resultados para legal professional privilege


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The professional sport broadcasting landscape has received much attention from an economic and legal perspective. While the economic and legal focus has been the predominant association with sport broadcasting, there has been little research undertaken into the breadth of delivery and significance of broadcast coverage. The aim of this paper was to identify the professional sport broadcasting landscape in Australia. The sport broadcast landscape was examined from the perspective of two professional football codes. In-depth interviewing of senior managers of 11 AFL, and 10 NRL clubs was undertaken with the resulting data analysed, coded and emergent themes identified. Three core themes emerged: identified as territory, distribution and profile. A further seven sub-themes specific to the outcomes associated within each category were also identified. Major findings highlight the territorial nature of the Australian professional football league market, identifying the way in which clubs are representative of particular regions. Issues associated with free-to-air delivery, brand recognition and core market attributes were also identified. Results are presented; implications for management and opportunities for future research are discussed.

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IS professionals are primarily concerned with the development of a project to meet the goals of a client. Unfortunately, IS professional do not always pay close attention to the contract or to its management and are often unaware of the legal implications of the contracts to which they are assenting. Legal advice can be sought during pre-contractual processes to help ensure that the contract meets the expectations of all the parties. If the project does not meet stakeholder’s expectations, thus causing a contract to come into dispute, lawyers may be called in to review the contract and to seek a settlement. This paper reports an exploratory study of the differences in perceptions of IS development contracts that exist between IS professionals and legal practitioners.

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The article outlines the legal context for Vietnamese artists that is not discussed in other literature, including the scarcity of data on the art market, the reasons for failure to enforce intellectual property (IP) rights and legal contracts, and the rapid growth of private-sector art dealing that makes an examination of the legal context so essential. The author's field research in Vietnam since 2003 is linked to analyses of Vietnam's art market and to civil codes and other international agreements that determine professional artists’ IP rights. This illustrates the reasons why IP rights have not been enforced or arbitrated in Vietnam. The author includes a discussion of the importance of enforcing IP law for the maintenance of artists’ incomes and careers, the development of a national art market, and for innovation and cultural sustainability in Vietnam.

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While there is a considerable body of research on law student identity construction based on interviews and transcripts of classroom talk, there is very little work based on student written texts. In this article two letters of advice written by beginning law students are analysed, using Ivanic and Camps’s (2001) framework, as an example of identity formation. Legal identity is argued to be formed by students’ attempts to accommodate a dynamic, partial, practitioner role of provider of advice to the traditional analytic focus of the law student. The process of accommodation is evident in the language of the letters, which show disfluencies resulting from attempts to combine different roles into a coherent legal identity. Comparison with a professionally written letter suggests that, rather than seeking to shape a coherent position, lawyers are able simultaneously to hold incompatible perspectives, concealing the tensions by foregrounding some perspectives and backgrounding others.

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Forensic Psychology is a recognised and important sub-specialty of the Psychology discipline. However, after an expansion in the number of training places that were offered when programmes were first developed, recent years have seen these diminish in response to changes in university policies, resulting from reformulated Federal government funding models. In this article, we argue that it is important for the future of specialist areas of professional psychology to not only articulate the core skills and competencies that are associated with specialist practice but also to develop unique and distinctive approaches to teaching and learning signature pedagogies. Based on the premise that forensic psychological practice is, indeed, a distinctive activity that requires different skills and, importantly, different ways of thinking about the work from other areas of professional psychology, it is suggested that professional training in this area should aim to develop a signature pedagogy which combines methods of teaching and learning that have been developed in legal training programmes with principles of problem-based learning.

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An analysis of legislation and court decisions demonstrates that the privilege of autonomous decision making by surgeons in Victoria has become progressively constrained. Factors that have led to this include workforce issues and the protection of the public combined with increasing involvement of the courts in questions involving medical ethics.

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A scholarship of teaching in post-graduate pre-admission practical legal training is germane to perceptions of the quality of accreditation of young Australian lawyers practicing in a globalised profession. Traditional forms of teaching scholarship in law have been identified as influencing the well being of law students and practitioners. This article reviews literature that frames a definition and prerequisites for a scholarship of teaching, its traditional and potential forms, and its subject matter. It considers the present position of a scholarship of teaching in practical legal training, and the historical and organisational epistemological approaches to professional practical training (compared to academic education) that shape that position. Problems of validity, measurement, performativity, and engagement in teaching scholarship are introduced, followed by consideration of possible methodological approaches drawing on Schon’s conception of action research, together with emergent methodologies, technologies and practical considerations that enable individual practitioners to pursue and lead a scholarship of teaching in practical legal training. The article frames questions for further doctoral research in relation to practical legal training teachers’ engagement with the scholarship of teaching.

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Despite the implementation of policies and procedures to redress the gender imbalance at the higher echelons in Australian corporate law firms, only a paucity of women successfully tread the path to equity partnership. In this article, it is argued that it is the systemic, rather than the overt, barriers that present the major obstacle to sexual equality within the corporate legal workplace. Neo-Marxian thought, in particular the work of Charles Derber on the proletarianisation of professional workers, as well as contemporary feminist thought, is utilised to explore why profoundly gendered assumptions in relation to the 'ideal worker' norm remain deeply embedded in the mindsets and attitudes of those organising the legal workplace. It is suggested that fear of change to work practices within firms has not only an ideological but also a material base. It is economically determined. Highly trained women lawyers with family work responsibilities who take up flexible work arrangements in firms are fulfilling a proletarian role and their under-utilised labour is being extracted to increase profit share at the apex and facilitate the progress of their unencumbered colleagues along the path to partnership.

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This article seeks to promote discussion about scholarship of teaching in Australian postgraduate pre-admission practical legal training (PLT). This is germane to perceptions of the quality of accreditation of young Australian lawyers practicing in a globalised profession. The article gives a definition and outlines the prerequisites for scholarship of teaching. The present position of teacher engagement with scholarship of teaching in Australian PLT is considered, together with the historical and organisational epistemological approaches to professional practical training. Problems of validity, measurement, performativity, and engagement in teaching scholarship are discussed. Possible methodological approaches, including Schön’s conception of action research, together with other methodologies, technologies, and practical considerations, are considered. These discussion points are directed toward future exploration of PLT teachers’ engagement with, and leadership in, the scholarship of teaching in PLT.

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Historically, gendered boundaries and their impacts on education have been widely contested. The global gender policy debate over the last sixty years has significantly vacillated between prioritising issues of educational and social practice that appear to privilege one gender over another (Lingard, Martino & Mills, 2009). The very nature of the title ‘Boys’ school’ conveys a hard gendered boundarying. In a socio-political climate where boys’ supposed underachievement has been attributed to the presumed “feminisation of teaching” (Hoff Sommers, 2000) it is not surprising that the rhetoric around the purpose and intent of boys’ education privileges masculinist discourses and practices. Physical Education (PE) and sport is often implicated as prominent curriculum spaces where the tensions produced through gendered discourse-power relations are played out, often at the expense of marginalised others.

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Professional Responsibility and Ethics’ is one of the ‘Priestley 11’ law subjects compulsorily undertaken by Australian law students who aspire to be admitted to practice. Many of the brightest join the major corporate law firms. Nevertheless, there is little theoretical analysis of how those firms are functioning to affect the professional and ethical conduct of their practitioners in the neoliberal state. In this article it is argued that in the mature and highly competitive marketplace for legal services, rather than working as autonomous professionals, corporate lawyers are now finding themselves working more and more as functionaries subservient to the dictates of their corporate clients. Drawing on interviews with Australian major law firm corporate lawyers and Charles Derber’s theory on the proletarianisation of professional workers, it is argued that corporate lawyers are losing key elements of their professional identity in the impetus to maintain the client list and the profit motive. Furthermore, as the balance of power in the corporate legal sector is shifting from law firms to clients, the professional ethics of law firm lawyers are at risk of being compromised as they find themselves being reduced to little more than ‘flush’ factory fodder for the major corporations.

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Masters research paper submitted in fulfilment of the requirements for the degree of Master of Professional Education and Training. The objectives of this study were to investigate students’ perceptions and satisfaction regarding CMC activities, including community of inquiry framework elements and self-system factors, and to frame recommendations that might improve the use of online discussions as a teaching medium in practical legal training.

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I am interested in how Australian lawyers who teach lawyers’ skills at the post-graduate pre-admission stage (“PLT practitioners) engage in scholarly activities regarding their teaching practice. This presentation will relate Bourdieu’s ‘reflexive sociology of law’ to my doctoral research in which I focus on how PLT practitioners engage in scholarly activities around their teaching work. Drawing on Kemmis’s ‘practice table’, Bourdieu and Passeron’s theory of ‘reproduction’ in education and culture, and de Certeau’s theory of ‘practice in everyday life’, I will describe how PLT practitioners’ professional identity, as lawyers, constrains scholarship around teaching and mentoring practice.

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The moral rights of contemporary design projects has arisen as a difficult ethical dilemma in Australian architectural discourses, and is more complex when matters of heritage are implicated. This paper considers the position of moral rights under the AustralianCopyright Act 19682 having regard to the Australian exemplars of Peter Muller. Muller is one of the most highly regarded Australian architects of the twentieth century possessing a passion for organic architecture realised in several significant Australian and Indonesian design exemplars. The paper considers recent Australian debates about moral rights and projects that implicate several architectural and landscape architecture projects, the current legal interpretations, and explains the ideas, values, and opinions and practice of Muller in this context. A clear conclusion is that while the Act confers rights, there is no mechanism to ensure adherence to these rights, and particularly in the situation of a living designer where one of their designs is being accorded heritage status.