UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL最新文献

{"title":"Belonging and the sociology of folktales","authors":"Moon, Roxarne","doi":"10.26190/unsworks/31315","DOIUrl":"https://doi.org/10.26190/unsworks/31315","url":null,"abstract":"The purpose of this thesis is to demonstrate how the sociological study of folktales can generate new insights about the experience of belonging in everyday life. Situated within the sociology of literature, my thesis uses folktales in order to consider a broad range of belonging experiences. My thesis begins from the claim that many theories of belonging are conditioned by inclusion and, consequently, tend to be preoccupied with an idea of belonging as synonymous with ease and/or comfort. I term this approach, the ‘familiar configuration of belonging’ and contend that this approach is not able to account for a fuller range of belonging experiences such as awkward, conflictual and/or straight-out odd experiences that are had by those who ostensibly belong and who are seemingly included. In other words, I seek to develop an account of belonging in order to capture a fuller range of belonging experiences. This thesis argues that belonging is better conceived as ‘attunement’, an insight derived from Georg Simmel’s theory of sociation and Stanley Cavell’s insights on skepticism. To achieve this, the thesis adopts a methodological approach to the sociological study of folktales that John Frow terms a ‘regime of reading’. Accordingly, it makes three contributions to the literature: (1) it advances a new conception of belonging that fruitfully begins from the premises that we cannot know the other; (2) it demonstrates that the study of folktales can contribute productively to the sociology of literature; and (3) it shows how belonging is embodied in both sociable and conflictual contexts.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://unsworks.unsw.edu.au/bitstreams/6dc1827b-60bd-48ff-baed-709561a078c5/download","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147893876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Laser Powder Bed Fusion Ta-Ti alloys for biomedical application","authors":"Liu, Qian","doi":"10.26190/unsworks/31399","DOIUrl":"https://doi.org/10.26190/unsworks/31399","url":null,"abstract":"Despite advancements, metallic materials for load-bearing medical applications still face ongoing challenges. Titanium (Ti) and tantalum (Ta) are widely used due to their mechanical and biological properties, but both have limitations: Ta is highly bioactive but heavy and expensive, while Ti is lightweight but less bioactive. Metal additive manufacturing (AM) offers a new pathway for the design of porous metallic biomaterials. This thesis explores the potential of Ta-Ti alloys fabricated using Laser Powder Bed Fusion (LPBF), a metal additive manufacturing technique capable of processing materials with significantly different melting points, such as titanium and tantalum, enabling the precise fabrication of advanced biomedical implants with customized complex structures. This thesis focuses on designing and optimizing Ta-Ti alloys for orthopedic implants to integrate titanium’s lightweight properties and tantalum’s superior fatigue performance and bioactivity. Comprehensive analyses of density, hardness, microstructure and phase composition were conducted across the Ta-Ti alloy system. Machine learning (ML) approach was employed to predict properties, optimize compositions and LPBF process parameters, enabling efficient small-dataset analysis for LPBF material development. Extensive evaluations, including fatigue testing, wettability analysis, in vitro and in vivo biocompatibility assessments, were conducted on a group of Ta-Ti 50 wt% alloys. The results revealed the superior fatigue and biocompatibility performance of LPBF-fabricated Ti-Ta alloys compared to pure Ti. The alloy demonstrated exceptional fatigue resistance, enduring up to 105 cycles at 110% of yield strength, and achieved a 40% bone-implant contact rate after 12 weeks implantation in rabbit femurs. This study, through a combined experimental and data-driven machine learning approach, uncovers for the first time the mechanism by which LPBF process parameters (i.e., laser power and scan speed) influence surface roughness, phase transformation, mechanical properties, and biocompatibility in Ti-Ta alloys, filling a theoretical gap in the understanding of process-structure-property relationships for biomedical applications of Ta-Ti alloys. These findings validate LPBF’s capability to produce bioactive, mechanically robust Ti-Ta scaffolds, underscoring their potential for advanced orthopedic applications.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147921043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Administrative Review in Refugee Cases: The Vulnerable Persons Guidelines and the Role of Legal Representatives","authors":"Frances Simmons, Chantal Bostock","doi":"10.53637/fkny7132","DOIUrl":"https://doi.org/10.53637/fkny7132","url":null,"abstract":"In this article, we examine how the vulnerability of asylum seekers informs the refugee status determination process in Australia, focussing on administrative review. As vulnerability is not defined under Australian migration law, we turn to international law to explore its meaning and its relationship with international non- refoulement obligations. We then examine the Administrative Appeals Tribunal’s (‘AAT’) Guidelines on Vulnerable Persons and, following a systematic review of published AAT decisions between 2015 and 2022, explore its impact on decision-making. This analysis shows that identifying a person as ‘vulnerable’ can have significant procedural and substantive implications for the review process. With a significant backlog of protection visa cases at the AAT and the imminent establishment of the new Administrative Review Tribunal, finally, we consider the role of legal representatives in complex cases involving vulnerable persons.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"47 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://doi.org/10.53637/fkny7132","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147890342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 Vaccine Mandates: A Coercive but Justified Public Health Necessity","authors":"Kay Wilson, Christopher Rudge","doi":"10.53637/kxul1406","DOIUrl":"https://doi.org/10.53637/kxul1406","url":null,"abstract":"In response to the COVID-19 pandemic, governments worldwide introduced vaccine mandates and ‘passports’, creating tension between individual liberties and public health. This article provides an overview of the history of vaccine mandates in Australia and the United Kingdom, before examining the COVID-19 period, when Australian states introduced various conditional mandates while the United Kingdom largely avoided doing so. This article considers several medico-legal and human rights arguments for and against the imposition of conditional mandates. Although this article concludes that vaccine coercion is both legally and morally justified, it acknowledges the right to refuse medical treatment, freedom of thought, conscience, and opinion, and the right to bodily integrity as important precepts deserving serious consideration. In many cases, alternatives to coercion are preferable. This article has ongoing relevance, both for COVID-19 (as new variants and treatments emerge) and beyond, including for the use of coercion in childhood vaccination and future pandemics.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44473614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indigenous Experience Reports: Addressing Silence and Deficit Discourse in Sentencing","authors":"A. Hopkins, T. Anthony, L. Bartels, Sinead Allen, Emma Henke","doi":"10.53637/kjat3372","DOIUrl":"https://doi.org/10.53637/kjat3372","url":null,"abstract":"The hyper-incarceration of Indigenous Australians urges analysis of unconscious bias, the application of criminogenic risk assumptions, and structural impediments to consideration of Indigenous experience in sentencing. Disrupting deficit-based discourses requires new approaches to sentencing, in which First Nations voices are heard. This article examines all 149 sentences delivered in the Supreme Court of the Australian Capital Territory between 2009 and 2019, in which the defendant’s Indigenous status was identifiable. We consider the extent and nature of engagement with Indigenous experience, finding a prevailing silence and limited evidence of strengths-based approaches. We argue that listening to First Nations voices in sentencing can provide a counterpoint to deficit discourses and a holistic understanding of the individual and their background, including the ongoing relevance of colonisation in their lives. The use of Indigenous Experience Reports to enable this listening may also promote strengths-based considerations and challenge the efficacy of carceral options.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43805862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Letting the Market Decide? The Rise – and Regulatory Risks – of the Australian Nanotechnology Industry","authors":"Paris Jeffcoat, Cary di Lernia, Elizabeth New","doi":"10.53637/eggy8437","DOIUrl":"https://doi.org/10.53637/eggy8437","url":null,"abstract":"In 2022, the European Union moved to ban the use of titanium dioxide as a food additive after it had been on the market for over four decades, due to safety concerns related to the additive’s nanoparticulate nature. Marking a significant backflip in the international regulatory approach to consumer products containing nano-objects, the global shifting of regulatory gears following the decision has already begun to filter through to domestic policymaking, with regulator Food Standards Australia New Zealand forced to reconsider their regulatory approach to the additive, which remains largely permissive. In view of the evolving understanding that technologies and objects at the nanoscale present new risks to humans and the environment, it is argued that a more precautionary approach should be considered by Australian regulators to fill the significant gaps in existing regulatory frameworks and safeguard stakeholders.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44572736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reversing the ‘Quasi-tribunal’ Role of Human Research Ethics Committees: A Waiver of Consent Case Study","authors":"Lisa Eckstein, M. Otlowski, M. Taylor, Rebekah E. McWhirter","doi":"10.53637/jnsp7349","DOIUrl":"https://doi.org/10.53637/jnsp7349","url":null,"abstract":"This article traces the history of Human Research Ethics Committees (‘HRECs’) in Australia, noting their development from peer review bodies to a model more akin to quasi-tribunals. We illustrate this shift through the role of HRECs in authorising waivers of consent for health and medical research: a responsibility that is codified under federal and state privacy laws and national research ethics guidelines. Despite the increasingly rule-based nature of HREC decisions, the manner in which HRECs operate has barely changed from their peer review roots. In particular, very limited substantive oversight or appeals mechanisms apply to HREC decisions. Given the stakes involved in authorising – or refusing to authorise – waivers of consent, this may lead to a loss of trust in, and trustworthiness of, the Australian research enterprise. We suggest looking to the model in the United Kingdom and the Republic of Ireland, which delineates the ethical acceptability of a waiver of consent from its legal compliance.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43925154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to Disconnect in Australia: Creating Space for a New Term Implied by Law","authors":"G. Golding","doi":"10.53637/hjmq5885","DOIUrl":"https://doi.org/10.53637/hjmq5885","url":null,"abstract":"A French labour law commenced in 2017 attempting to preserve a ‘right to disconnect’, requiring companies with 50 employees or more to negotiate policies about work-related communications with employees outside work. This legislation points to a universal problem, equally affecting Australian employees. The expectation to stay connected out-of-hours is making employees miserable, leading to burnout, poor performance, and high turnover. While a right to disconnect has not yet been widely recognised in Australia, this article explores the several forms it could take. Some employers have begun implementing equivalent changes to their workplace policies and enterprise agreements. The right could be formulated as an express contractual term. Modern awards and the National Employment Standards could be varied to include it. However, these options depend on direct intervention at the workplace level, or by Parliament. Instead, the common law could be instrumental in recognising it as a term implied by law.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49336817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Evolving Conceptions of Legal Personhood: What might Recent Legal Developments Herald for Non-human Animals in Australia?","authors":"Jane Katzmann, Morgan Stonebridge, Paulien Christiaenssen","doi":"10.53637/dktu6447","DOIUrl":"https://doi.org/10.53637/dktu6447","url":null,"abstract":"Legal personhood has traditionally been associated with human persons and their representatives, for example, corporations. Recent years, however, have seen the binary conception of legal personhood challenged and reconceived, and the circle of legal persons expanded in numerous jurisdictions. In particular, the utter failure of environmental laws to protect the environment has led to the recognition of nature bodies as legal persons. Within this context, this article considers whether these developments might lead to recognition of animals as legal persons in Australia. The parallel deficiencies of environmental and animal laws, together with the willingness of some Australian legislatures to entertain legal personhood for nature, may suggest that the concept of legal personhood for animals in Australia is not completely far-fetched.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48738565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Spectacle of Respectable Equality: Queer Discrimination in Australian Law Post Marriage Equality","authors":"Emma Genovese","doi":"10.53637/nafg1780","DOIUrl":"https://doi.org/10.53637/nafg1780","url":null,"abstract":"This article explores Australian legislation and policy since marriage equality to emphasise the pattern of prejudice that persists against the queer community through the theory of spectacles of ‘respectable equality’. Spectacles of respectable equality describe theatrical legislation or policy that is qualified by heterosexual privilege and produces a faux imitation of equality. In demonstrating that this pattern amounts to discrimination against the queer community, this article explores direct and indirect forms of discrimination. Direct discrimination is scrutinised through an assessment of blood donation policy and birth certificate legislation. Indirect discrimination is considered through an analysis of gender-neutral legislative drafting policies in the Victorian and Commonwealth jurisdictions, and Australian interpretative legislation. Ultimately, this article identifies examples of spectacles of respectable equality to demonstrate how discrimination against the queer community is not a disparate issue, but a connected pattern that must be broken.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}