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The 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases’ ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.
Shakespeare was fascinated by law, which permeated Elizabethan everyday life. The general impression one derives from the analysis of many plays by Shakespeare is that of a legal situation in transformation and of a dynamically changing relation between law and society, law and the jurisdiction of Renaissance times. Shakespeare provides the kind of literary supplement that can better illustrate the legal texts of the sixteenth and early seventeenth centuries. There was a strong popular participation in the system of justice, and late sixteenth-century playwrights often made use of forensic models of narrative. Uncertainty about legal issues represented a rich potential for causing strong reactions in the public, especially feelings concerning the resistance to tyranny. The volume aims at highlighting some of the many legal perspectives and debates emplotted in Shakespearean plays, also taking into consideration the many texts that have been produced during the latest years on law and literature in the Renaissance.
Until the late 20th century, ‘an archive’ generally meant a repository for documents, as well as the generic name for the wide range of documents the repository might hold. An archive could be visited, and then also searched, to discover past actions or lives that had meaning for the present. While historians and historiographers have long understood the contests that archives contain and represent, the very idea of ‘the archive’ has, over the last 40 years, become the subject and object of widening and intensified consideration. This consideration has been intellectual (from scholars in a wide range of disciplines) and public (from communities and individuals whose stories are held captive, or sometimes hidden or excluded from official archives), as well as institutional. It has involved scrutiny and critique of official archives’ limitations and practices, as well as symbolic, affective and theoretical expansion and heightened expectation of what ‘the archive’ is or should be. The very language of ‘the archive’ now carries freight as administrative practice, normative value, metaphor, description and aspiration in different ways than it did in the 20th century. This collection offers a unique contribution to these reinvigorated and sometimes new conversations about what an archive might be, what it can do as a consequence, and to whom it bears custodial responsibilities. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care for those materials in a way that understands their public meaning and public value for the Australian people, in the past, in the present and for the future.
In 2008 Clive Hamilton was at Parliament House in Canberra when the Beijing Olympic torch relay passed through. He watched in bewilderment as a small pro-Tibet protest was overrun by thousands of angry Chinese students. Where did they come from? Why were they so aggressive? And what gave them the right to shut down others exercising their democratic right to protest? The authorities did nothing about it, and what he saw stayed with him. In 2016 it was revealed that wealthy Chinese businessmen linked to the Chinese Communist Party had become the largest donors to both major political parties. Hamilton realised something big was happening, and decided to investigate the Chinese government’s influence in Australia. What he found shocked him. From politics to culture, real estate to agriculture, universities to unions, and even in our primary schools, he uncovered compelling evidence of the Chinese Communist Party’s infiltration of Australia. Sophisticated influence operations target Australia’s elites, and parts of the large Chinese-Australian diaspora have been mobilised to buy access to politicians, limit academic freedom, intimidate critics, collect information for Chinese intelligence agencies, and protest in the streets against Australian government policy. It’s no exaggeration to say the Chinese Communist Party and Australian democracy are on a collision course. The CCP is determined to win, while Australia looks the other way. Thoroughly researched and powerfully argued, Silent Invasionis a sobering examination of the mounting threats to democratic freedoms Australians have for too long taken for granted. Yes, China is important to our economic prosperity; but, Hamilton asks, how much is our sovereignty as a nation worth? ‘Anyone keen to understand how China draws other countries into its sphere of influence should start with Silent Invasion. This is an important book for the future of Australia. But tug on the threads of China’s influence networks in Australia and its global network of influence operations starts to unravel.’ –Professor John Fitzgerald, author of Big White Lie: Chinese Australians in White Australia
Australia 1943 is the first detailed single-volume study of Australia's military operations in the Pacific during 1943 - Australia's 'finest hour' in the Second World War. It investigates critical operations from January 1943 to April 1944, including Salamaua, Lae/Nadzab, Finschhafen, Shaggy Ridge, the Markham Valley and the Huon Peninsula.
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Kozier and Erb’s Fundamentals of Nursing prepares students for practice in a range of diverse clinical settings and help them understand what it means to be a competent professional nurse in the twenty-first century. This third Australian edition has once again undergone a rigorous review and writing process. Contemporary changes in the regulation of nursing are reflected in the chapters and the third edition continues to focus on the three core philosophies: Person-centred care, critical thinking and clinical reasoning and cultural safety. Students will develop the knowledge, critical thinking and clinical reasoning skills to deliver care for their patients in ways that signify respect, acceptance, empathy, connectedness, cultural sensitivity and genuine concern.
This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Uniting forensics, law, and social science in meaningful and relevant ways, Forensic Science and the Administration of Justice, by Kevin J. Strom and Matthew J. Hickman, is structured around current research on how forensic evidence is being used and how it is impacting the justice system. This unique book—written by nationally known scholars in the field—includes five sections that explore the demand for forensic services, the quality of forensic services, the utility of forensic services, post-conviction forensic issues, and the future role of forensic science in the administration of justice. The authors offer policy-relevant directions for both the criminal justice and forensic fields and demonstrate how the role of the crime laboratory in the American justice system is evolving in concert with technological advances as well as changing demands and competing pressures for laboratory resources.
- Increased global considerations relevant to international context of critical care nursing alongside its key focus within the ANZ context - Aligned to update NMBA RN Standards for Practice and NSQHS Standards - An eBook included in all print purchases