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Law's Anthropology

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ISBN: 9781921862434 Year: Pages: 326 DOI: 10.26530/OAPEN_459356 Language: English
Publisher: ANU Press
Subject: Law --- Anthropology
Added to DOAB on : 2011-11-26 11:36:55
License: ANU Press

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Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider’s perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.

The Future of Audit

Authors: --- --- ---
ISBN: 9781921666513 Year: Pages: 700 DOI: 10.26530/OAPEN_459250 Language: English
Publisher: ANU Press
Subject: Business and Management
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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At a time when increased independence requirements for auditors, legal backing for auditing standards, and increased audit documentation requirements have occurred, this book examines key issues in the market for audit services in Australia. It investigates issues including: the understandability of audit and the state of the audit expectations gap; auditors’ business acumen and industry expertise; the auditors’ use of materiality; whether or not the increasingly prescriptive nature of auditing is creating a distraction from the ‘real’ audit task and stifling auditors’ judgement; whether or not CLERP 9 reforms involving audit partner rotation and restrictions on non-audit service provision are efficient and effective and reactions to the increasing scrutiny of auditors and audit firms by regulators. With its thorough coverage of contemporary issues, this book intersperses the authors’ summaries, interpretations and recommendations with the perceptions, expressed in their own words in order to faithfully convey their candid assessments, of users of audit reports, purchasers and suppliers of the audit product, auditing standard setters and regulators of the audit market.

Heritage Politics in Adelaide

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ISBN: 9780987073037 Year: Pages: 202 DOI: 10.1017/UPO9780987073037 Language: English
Publisher: University of Adelaide Press
Subject: History
Added to DOAB on : 2012-05-14 09:52:19
License: University of Adelaide Press

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In the 1970s the Australian Commonwealth Government and three States, Victoria (1974), New South Wales (1977) and South Australia (1978), passed legislation to protect the built heritage within their jurisdictions. The legislation was primarily a response to two factors: a large number of public protests against the demolition of historic buildings in all Australian states by the 1970s and the influence of the UNESCO World Heritage Convention, which the Whitlam Government (1972-75) embraced enthusiastically. The other states, with governments that were more influenced by development interests, were slow to follow the federal lead. 

In this study, Sharon Mosler examines heritage issues and conflicts in Adelaide from enactment of the first South Australian Heritage Act in 1978 to its successor in 1993, and also analyses issues leading from that period into the twenty-first century. State legislation introduced by the Labor government of Premier Mike Rann (2002 – present) has affected the built environment significantly since this book began. The Rann government has given the built heritage a low priority in its strategic plan compared to population growth, while the Adelaide City Council has become more balanced in the past decade, although the council too has focussed on increasing Adelaide’s population. The result has been more high-rise buildings at the expense of heritage conservation and historic precincts.

Capturing the Wealth From Tuna: case stude's from the Pacific

Authors: ---
ISBN: 9781921313639 Year: Pages: 268 DOI: 10.26530/OAPEN_458838 Language: English
Publisher: ANU Press
Subject: Law
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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The Western and Central Pacific Ocean is home to the largest tuna fishery in the world – around half of the world’s tuna supply – and is a vital economic resource for Pacific island countries. The potential of the Pacific tuna fishery to contribute to economic development in the Pacific island countries is enormous, but will require a cooperative regional strategy to maximise access fees from distant water fishing nations, as well as targeted domestic policy and legislation to encourage local fishing industries. Together with the importance of acting strategically with regard to such a variable resource, the lesson of fisheries management globally is that it is most effective when it takes into consideration social, cultural and political contexts.

Based on an extensive study of six Pacific island states, Capturing Wealth from Tuna maps out the aspirations and limitations of six Pacific island countries and proposes strategies for capturing more wealth from this resource in a sustainable and socially equitable manner.

Fresh Perspectives on the 'War on Terror'

Authors: ---
ISBN: 9781921313745 Year: Pages: 419 DOI: 10.26530/OAPEN_459241 Language: English
Publisher: ANU Press
Subject: Law --- Religion
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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On 20 September 2001, in an address to a Joint Session of Congress and the American people, President George W Bush declared a ‘war on terror’. The concept of the ‘war on terror’ has proven to be both an attractive and a potent rhetorical device. It has been adopted and elaborated upon by political leaders around the world, particularly in the context of military action in Afghanistan and Iraq. But use of the rhetoric has not been confined to the military context. The ‘war on terror’ is a domestic one, also, and the phrase has been used to account for broad criminal legislation, sweeping agency powers and potential human rights abuses throughout much of the world. This collection seeks both to draw on and to engage critically with the metaphor of war in the context of terrorism. It brings together a group of experts from Australia, Canada, the United Kingdom, France and Germany who write about terrorism from a variety of disciplinary perspectives including international law and international relations, public and constitutional law, criminal law and criminology, legal theory, and psychology and law.

Whistleblowing in the Australian Public Sector: Enhancing the theory and practice of internal witness management in public sector organisations

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ISBN: 9781921536199 Year: Pages: 333 DOI: 10.26530/OAPEN_459791 Language: English
Publisher: ANU Press
Subject: Law --- Political Science --- Philosophy
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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Of the many challenges in public sector management, few are as complex as the management of whistleblowing. Because it can lead to the discovery and rectification of wrongdoing, public interest whistleblowing is widely acknowledged as being positive for organisations and for society at large. However, the conflicts and reprisal risks often associated with whistleblowing also support a widespread belief that every whistleblower is destined to suffer, and nothing can be done to protect them from reprisals. Even if they did it once, sensible employees are often seen as unlikely to ever blow the whistle a second time around. The extensive research in this book reveals a more complex and, fortunately, more positive picture. The product of one of the world’s most comprehensive research projects on whistleblowing, evidence from over 8,000 public servants in over 100 federal, state and local government agencies shows that whistleblowers can and do survive, and that often their role is highly valued. Public sector managers face significant challenges in better managing and protecting whistleblowers. There is great variation between the many public agencies making the effort, and the many agencies where the outcomes — for managers and whistleblowers alike — are still likely to be grim. This book is compulsory reading for all public sector managers who wish to turn this negative trend around, and for anyone interested in public accountability generally.

Sex Discrimination in Uncertain Times

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ISBN: 9781921666773 Year: Pages: 379 DOI: 10.26530/OAPEN_459527 Language: English
Publisher: ANU Press
Subject: Law --- Psychology
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.

Discrimination at Work: Comparing European, French, and American Law

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ISBN: 9780520283800 9780520959583 Year: Pages: 386 DOI: 10.1525/luminos.11 Language: English
Publisher: University of California Press
Subject: Law --- Sociology
Added to DOAB on : 2016-03-09 11:01:06
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How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examines hot-button issues such as racial and religious bias, sexual harassment, gender discrimination, and equality for LGBT individuals, highlighting comparisons that will further discussions on social equality and fundamental human rights across borders.

Law, Liberty, And The Pursuit Of Terrorism

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ISBN: 9780472029662 9780472119097 Year: Pages: 336 DOI: 10.3998/mpub.1965125 Language: English
Publisher: University of Michigan Press Grant: Knowledge Unlatched
Subject: Law
Added to DOAB on : 2014-07-12 11:01:06
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It is commonly believed that a state facing a terrorist threat responds with severe legislation that compromises civil liberties in favour of national security. Roger Douglas compares responses to terrorism by five liberal democracies— the United States, the United Kingdom, Canada, Australia, and New Zealand— over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning. Douglas finds that terrorist attacks elicit pressures for quick responses, which often allow national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by institutional interests and prior beliefs and are complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst anti-terror excesses have taken place outside of, rather than within, the law and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers. This title was made Open Access by libraries from around the world through Knowledge Unlatched.

To Advance Their Opportunities: Federal Policies Toward African American Workers from World War I to the Civil Rights Act of 1964

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ISBN: 0984644571 9780984644575 Year: Pages: xx, 298 DOI: 10.7290/V7PN93HC Language: English
Publisher: Newfound Press
Subject: History
Added to DOAB on : 2015-05-06 20:11:32
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