subject:(Anglo Australian common law)

University of Melbourne

1. Barr, Olivia McLeod. A minor jurisprudence of movement.

Degree: 2012, University of Melbourne

► Different offices carry different responsibilities. This thesis addresses the office of jurist and their responsibilities in relation to common law, including the creation and conduct… (more)

▼ Different offices carry different responsibilities. This thesis addresses the office of jurist and their responsibilities in relation to common law, including the creation and conduct of lawful relations. In Australia, where the dominant form of law continues to be Anglo-Australian common law, it is for the jurist to attend to common law and its practices. By taking seriously the question of office, this thesis shows the jurist how to account for and take responsibility for some of the forms of common law practice as a matter of office. As a way of taking responsibility for this colonial form of law, this thesis creates a minor jurisprudence of movement that accounts for technical and material forms of common law practice. Paying attention to the material dynamic of movement and its relation to the practice of the care of the dead, this thesis reveals how common law moves with a tendency to slide by, unnoticed, through technologies of jurisdiction. Noticing these movements, especially movements in relation to the dead, this thesis carefully engages with two sets of materials, one historical and one contemporary: the historical is a burial party that walked in colonial New South Wales and the contemporary is the struggle to bury the dead in Antarctica. Engaging with these materials with a jurisprudential method of slowness, this thesis narrates and redescribes two vignettes as a way of accounting for the place of movement in the technical and material forms of common law practice. Through the creation of a minor jurisprudence of movement, this thesis offers a better understanding of the place of movement in the technical and material forms of common law practice. In doing so, this thesis challenges the jurist to move well; to attend to the responsibilities of office. While taking responsibility for the practice of a colonial form of law is not an easy task, it is part of what it means for the jurist to take up and hold office. Moving carefully, this thesis offers a way this might be done.

Subjects/Keywords: jurisprudence; minor jurisprudence; movement; jurisdiction; office of jurist; care for the dead; Anglo-Australian common law; responsibilities of office; technologies of law; material practices of law; critical legal theory

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APA (6^th Edition):

Barr, O. M. (2012). A minor jurisprudence of movement. (Doctoral Dissertation). University of Melbourne. Retrieved from http://hdl.handle.net/11343/37689

Chicago Manual of Style (16^th Edition):

Barr, Olivia McLeod. “A minor jurisprudence of movement.” 2012. Doctoral Dissertation, University of Melbourne. Accessed January 19, 2021. http://hdl.handle.net/11343/37689.

MLA Handbook (7^th Edition):

Barr, Olivia McLeod. “A minor jurisprudence of movement.” 2012. Web. 19 Jan 2021.

Vancouver:

Barr OM. A minor jurisprudence of movement. [Internet] [Doctoral dissertation]. University of Melbourne; 2012. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/11343/37689.

Council of Science Editors:

Barr OM. A minor jurisprudence of movement. [Doctoral Dissertation]. University of Melbourne; 2012. Available from: http://hdl.handle.net/11343/37689

University of Melbourne

2. CUI, XIA. Problematic Chinese-Australian social interactions at work.

Degree: 2012, University of Melbourne

URL: http://hdl.handle.net/11343/37635

► There is growing evidence that social interactions at work with locally born and educated colleagues in English speaking countries present a real challenge to those… (more)

▼ There is growing evidence that social interactions at work with locally born and educated colleagues in English speaking countries present a real challenge to those from a distinctly different sociocultural background, including many Chinese immigrants working in Australia (e.g. Hou, 2010; Tomazin, 2009; Zhou, Windsor, Coyer & Theobald, 2010). This challenge has a negative impact on immigrants’ career achievement and social well-being, and also prevents the host society from fully utilizing its workplace diversity. While the challenge has been the subject of extensive research which shows a pattern to it and suggests sociocultural differences as the underlying causes, studies conducted to date have predominantly focused on describing the problem from the immigrants’ perspective. Not many exist that investigate the dynamics of workplace social interactions from a dual perspective and at the depth of their sociocultural roots, and little is known about the situation of Chinese immigrants working in Australia, in particular. As the number of Chinese arriving in Australia to work and live increases, understanding the challenges they face in making social adjustment to the workplace is urgently needed. This study takes a sociolinguistic perspective on language use in social interactions. It considers linguistic expression needs to be seen in relation to its situational and sociocultural context, and conceives of problems arising in exchanges primarily to be grounded in gaps in participants’ common ground (e.g. Clark, 1996; Halliday, 1991). A mixed method approach was employed in the research design. Data collection consisted of an initial quantitative survey procedure, followed by a qualitative case investigation. Survey results from 80 recent Chinese immigrants revealed the most significant problems in their social interactions with Australian colleagues, indicated by their frequency and severity. Using ethnographic interviews and Argyris and Schön’s (1974) left-right case protocol, case studies of problematic interactions experienced by 15 Chinese volunteers from among the survey respondents were documented. Australian views on participants’ accounts of, and explanations for, their problematic experience, were then gathered in focus group discussions. Data were analyzed in light of the nature of language in use in social interactions to reveal the culturally shaped beliefs, values, and action strategies which underpin the conduct reported and the interlocutors’ responses to it. Results of the cases show the type of situations in which Chinese participants’ intercultural difficulties are most evidently experienced, the differences between Chinese and Australians in their understanding of the situations, and mismatches in beliefs and values which form the basis of their action strategies. Study findings suggest that engaging in workplace small talk presents the most challenge to Chinese professionals, and this is because the nature…

Subjects/Keywords: small talk; workplace social interaction; common ground; sociopragmatic competence; Chinese culture; Anglo-Australian culture; Chinese immigrants

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APA (6^th Edition):

CUI, X. (2012). Problematic Chinese-Australian social interactions at work. (Doctoral Dissertation). University of Melbourne. Retrieved from http://hdl.handle.net/11343/37635

Chicago Manual of Style (16^th Edition):

CUI, XIA. “Problematic Chinese-Australian social interactions at work.” 2012. Doctoral Dissertation, University of Melbourne. Accessed January 19, 2021. http://hdl.handle.net/11343/37635.

MLA Handbook (7^th Edition):

CUI, XIA. “Problematic Chinese-Australian social interactions at work.” 2012. Web. 19 Jan 2021.

Vancouver:

CUI X. Problematic Chinese-Australian social interactions at work. [Internet] [Doctoral dissertation]. University of Melbourne; 2012. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/11343/37635.

Council of Science Editors:

CUI X. Problematic Chinese-Australian social interactions at work. [Doctoral Dissertation]. University of Melbourne; 2012. Available from: http://hdl.handle.net/11343/37635

3. Frazier, Dustin M. A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 .

Degree: 2013, University of St. Andrews

URL: http://hdl.handle.net/10023/4146

► For the past century, medievalism studies generally and Anglo-Saxonism studies in particular have largely dismissed the eighteenth century as a dark period in English interest… (more)

▼ For the past century, medievalism studies generally and Anglo-Saxonism studies in particular have largely dismissed the eighteenth century as a dark period in English interest in the Anglo-Saxons. Recent scholarship has tended to elide Anglo-Saxon studies with Old English studies and consequently has overlooked contributions from fields such as archaeology, art history and political philosophy. This thesis provides the first re-examination of scholarly, antiquarian and popular Anglo-Saxonism in eighteenth-century England and argues that, far from disappearing, interest in Anglo-Saxon culture and history permeated British culture and made significant contributions to contemporary formulations and expressions of Englishness and English national, legal and cultural identities. Each chapter examines a different category of Anglo-Saxonist production or activity, as those categories would be distributed across current scholarship, in order to explore the ways in which the Anglo-Saxons were understood and deployed in the construction of contemporary cultural- historiographical narratives. The first three chapters contain, respectively, a review of the achievements of the ‘Oxford school’ of Saxonists of the late seventeenth and early eighteenth centuries; antiquarian Anglo-Saxon studies by members of the Society of Antiquaries of London and their correspondents; and historiographical presentations of the Anglo-Saxons in local, county and national histories. Chapters four and five examine the appearance of the Anglo-Saxons in visual and dramatic art, and the role of Anglo-Saxonist legal and juridical language in eighteenth-century politics, with reference to discoveries resulting from the academic and antiquarian research outlined in chapters one to three. It is my contention that Anglo-Saxonism came to serve as a unifying ideology of origins for English citizens concerned with national history, and political and social institutions. As a popular as well as scholarly ideology, Anglo-Saxonism also came to define English national character and values, an English identity recognised and celebrated as such both at home and abroad. Advisors/Committee Members: Jones, Chris (advisor), Luxford, Julian (advisor).

Subjects/Keywords: Anglo-Saxonism; Cultural history; Medievalism; Antiquarianism; 18th century; Old English; History painting; Local history; Political theory; Liberalism; English common law; Anglo-Saxon; Alfred the Great; Nationalism

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APA (6^th Edition):

Frazier, D. M. (2013). A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 . (Thesis). University of St. Andrews. Retrieved from http://hdl.handle.net/10023/4146

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Frazier, Dustin M. “A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 .” 2013. Thesis, University of St. Andrews. Accessed January 19, 2021. http://hdl.handle.net/10023/4146.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Frazier, Dustin M. “A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 .” 2013. Web. 19 Jan 2021.

Vancouver:

Frazier DM. A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 . [Internet] [Thesis]. University of St. Andrews; 2013. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10023/4146.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Frazier DM. A Saxon state : Anglo-Saxonism and the English nation, 1703-1805 . [Thesis]. University of St. Andrews; 2013. Available from: http://hdl.handle.net/10023/4146

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Nairobi

4. Odhiambo, Evans O. Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya .

Degree: 2014, University of Nairobi

URL: http://hdl.handle.net/11295/94977

► Abstract The Greek word nomos translates to Convection, laws of great importance and longstanding.'. The Constitution of Kenya ably fits within the understanding of nomos… (more)

Subjects/Keywords: common law

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APA (6^th Edition):

Odhiambo, E. O. (2014). Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya . (Thesis). University of Nairobi. Retrieved from http://hdl.handle.net/11295/94977

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Odhiambo, Evans O. “Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya .” 2014. Thesis, University of Nairobi. Accessed January 19, 2021. http://hdl.handle.net/11295/94977.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Odhiambo, Evans O. “Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya .” 2014. Web. 19 Jan 2021.

Vancouver:

Odhiambo EO. Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya . [Internet] [Thesis]. University of Nairobi; 2014. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/11295/94977.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Odhiambo EO. Is the common law method a threat to democracy and the rule of law? A case for an administrative law statute in Kenya . [Thesis]. University of Nairobi; 2014. Available from: http://hdl.handle.net/11295/94977

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of St. Andrews

5. Ivarsen, Ingrid. The production of the Anglo-Saxon laws : from Alfred to Cnut .

Degree: 2020, University of St. Andrews

URL: http://hdl.handle.net/10023/20295

► This thesis examines the production of written law in Anglo-Saxon England by asking some basic questions. What is ‘an Anglo-Saxon law’? Where and when were… (more)

Subjects/Keywords: Law; Anglo-Saxon history

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APA (6^th Edition):

Ivarsen, I. (2020). The production of the Anglo-Saxon laws : from Alfred to Cnut . (Thesis). University of St. Andrews. Retrieved from http://hdl.handle.net/10023/20295

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Ivarsen, Ingrid. “The production of the Anglo-Saxon laws : from Alfred to Cnut .” 2020. Thesis, University of St. Andrews. Accessed January 19, 2021. http://hdl.handle.net/10023/20295.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Ivarsen, Ingrid. “The production of the Anglo-Saxon laws : from Alfred to Cnut .” 2020. Web. 19 Jan 2021.

Vancouver:

Ivarsen I. The production of the Anglo-Saxon laws : from Alfred to Cnut . [Internet] [Thesis]. University of St. Andrews; 2020. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10023/20295.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Ivarsen I. The production of the Anglo-Saxon laws : from Alfred to Cnut . [Thesis]. University of St. Andrews; 2020. Available from: http://hdl.handle.net/10023/20295

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Deakin University

6. Strugnell, Claudia. Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents.

Degree: School of Exercise and Nutritional Sciences, 2013, Deakin University

URL: http://hdl.handle.net/10536/DRO/DU:30062521

► This thesis examined the influences on physical activity, sedentary behaviour and overweight and obesity among a sample of Chinese-Australian and Anglo-Australian adolescents. The results found… (more)

Subjects/Keywords: Chinese-Australian adolescents; Anglo-Australian adolescents; Obesity; Physical activity

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Strugnell, C. (2013). Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents. (Thesis). Deakin University. Retrieved from http://hdl.handle.net/10536/DRO/DU:30062521

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Strugnell, Claudia. “Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents.” 2013. Thesis, Deakin University. Accessed January 19, 2021. http://hdl.handle.net/10536/DRO/DU:30062521.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Strugnell, Claudia. “Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents.” 2013. Web. 19 Jan 2021.

Vancouver:

Strugnell C. Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents. [Internet] [Thesis]. Deakin University; 2013. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10536/DRO/DU:30062521.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Strugnell C. Correlates of physical activity and obesity among a sample of Chinese-Australian adolescents. [Thesis]. Deakin University; 2013. Available from: http://hdl.handle.net/10536/DRO/DU:30062521

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Technology, Sydney

7. McVeigh, Robert Shaun. The office of the jurisprudent : the status and care of the dying and the dead.

Degree: 2018, University of Technology, Sydney

URL: http://hdl.handle.net/10453/129350

► The central concern of this thesis is the investigation of a contemporary ethic of the office of the jurisprudent – that is, someone who cares… (more)

Subjects/Keywords: Common law jurisprudent

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APA (6^th Edition):

McVeigh, R. S. (2018). The office of the jurisprudent : the status and care of the dying and the dead. (Thesis). University of Technology, Sydney. Retrieved from http://hdl.handle.net/10453/129350

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

McVeigh, Robert Shaun. “The office of the jurisprudent : the status and care of the dying and the dead.” 2018. Thesis, University of Technology, Sydney. Accessed January 19, 2021. http://hdl.handle.net/10453/129350.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

McVeigh, Robert Shaun. “The office of the jurisprudent : the status and care of the dying and the dead.” 2018. Web. 19 Jan 2021.

Vancouver:

McVeigh RS. The office of the jurisprudent : the status and care of the dying and the dead. [Internet] [Thesis]. University of Technology, Sydney; 2018. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10453/129350.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

McVeigh RS. The office of the jurisprudent : the status and care of the dying and the dead. [Thesis]. University of Technology, Sydney; 2018. Available from: http://hdl.handle.net/10453/129350

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Wollongong

8. McCaffrie, Jack. Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy.

Degree: Doctor of Philosophy, 2014, University of Wollongong

URL: ; https://ro.uow.edu.au/theses/4339

► For thousands of years, navies have been used primarily for military purposes; battling against opposing naval forces, protecting trade and supporting land forces. They… (more)

▼ For thousands of years, navies have been used primarily for military purposes; battling against opposing naval forces, protecting trade and supporting land forces. They have other roles, which have evolved over time, and are now commonly categorized as the diplomatic and constabulary functions of navies. The diplomatic function relies on the ability of navies to operate freely at sea and to exert influence through their presence. The constabulary function of navies involves law enforcement at sea and relates to the protection of borders, natural resources and the marine environment. Not all navies have become equally involved in the constabulary function. For some smaller navies it marks the limit of their capability, while for others it is only a very small part of their total responsibility. For example, the United States Navy undertakes relatively few constabulary functions; leaving most to the United States Coast Guard which has been established specifically for law enforcement duties. On the other hand, the Royal Navy has played a larger role in the constabulary function, alongside several civilian law enforcement agencies. This thesis examines Australia’s approach to law enforcement at sea, from the time of Federation until the end of 2012, and what it has meant for the Royal Australian Navy. The examination covers the nature and evolution of the law enforcement challenges, noting that illegal immigration and resources protection have been recurring issues from the beginning. In considering government responses to illegal activities at sea the thesis identifies the slow, tentative and relatively informal approach that characterized action until the extension of resource zones, and the arrival of large numbers of asylum seekers by boat, demanded a more effective approach. The thesis also tracks the evolution of supporting legislation, from an early trickle to a growing flood, reflecting the increasing internationalization and complexity of law enforcement at sea. Despite the longstanding involvement of navies in the constabulary function the Royal Australian Navy was slow to engage in it, with wars, funding restrictions and government ambivalence contributing factors. This thesis demonstrates, however, that since the Navy took on the constabulary function, formally from 1967, it has become integral to the Navy’s operations. Furthermore, the constabulary function has had profound impacts on the Navy’s force structure, basing, people and public image, not all of which have been to the Navy’s advantage.

Subjects/Keywords: Law enforcement; sea; Australian navy

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APA (6^th Edition):

McCaffrie, J. (2014). Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy. (Doctoral Dissertation). University of Wollongong. Retrieved from ; https://ro.uow.edu.au/theses/4339

Chicago Manual of Style (16^th Edition):

McCaffrie, Jack. “Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy.” 2014. Doctoral Dissertation, University of Wollongong. Accessed January 19, 2021. ; https://ro.uow.edu.au/theses/4339.

MLA Handbook (7^th Edition):

McCaffrie, Jack. “Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy.” 2014. Web. 19 Jan 2021.

Vancouver:

McCaffrie J. Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy. [Internet] [Doctoral dissertation]. University of Wollongong; 2014. [cited 2021 Jan 19]. Available from: ; https://ro.uow.edu.au/theses/4339.

Council of Science Editors:

McCaffrie J. Protecting Australia's offshore estate: an evolving commitment for the Royal Australian Navy. [Doctoral Dissertation]. University of Wollongong; 2014. Available from: ; https://ro.uow.edu.au/theses/4339

University of New South Wales

9. Pillai, Sangeetha. The legal parameters of Australian citizenship.

Degree: Law, 2015, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/55894 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:39622/SOURCE02?view=true

► Rhetoric on the topic of Australian citizenship has widely emphasised its significance, particularly as a source of important rights and corresponding obligations. Despite this, as… (more)

▼ Rhetoric on the topic of Australian citizenship has widely emphasised its significance, particularly as a source of important rights and corresponding obligations. Despite this, as many commentators have noted, the constitutional limits of Parliament’s power over citizenship remain unsettled, and the rights and obligations that legally distinguish citizens from non-citizens are not easy to identify. This thesis is motivated by a desire to determine the extent to which claims about the significance of Australian citizenship are reflected in its reality, as a legal concept.There are three dimensions in which the legal concept of Australian citizenship is shaped: constitutional law, statute law and the common law. The thesis conducts a doctrinal study driven by two questions: First, what are the parameters of citizenship, and what rights and obligations are generated for citizens, within each of the three dimensions identified? Secondly, to what extent do the three dimensions intersect in a manner that helps to inform the legal meaning of Australian citizenship?The study finds that, within each individual dimension, silences and ambiguities limit the potential for a cohesive notion of citizenship that gives rise to clear rights and obligations to emerge. However, it demonstrates that, by paying close attention to the intersections between the three dimensions, it is possible to arrive at a conceptualisation of Australian legal citizenship that is more cohesive than the law within any individual domain would suggest. The thesis illustrates one way in which the intersections between the different citizenship dimensions might be coherently resolved. This is by no means the only interpretation available, nor does it provide an answer to every question that has plagued citizenship law in Australia. However, it serves as an indication of the potential for a clearer notion of Australian legal citizenship than that which exists at present to be developed through focus on the connections between existing conceptualisations of citizenship.Note: There have been a number of very recent changes and proposals for change in the area of citizenship law, both in Australia and in foreign countries. I have endeavoured to incorporate these developments into this thesis, as far as possible. The state of the law reflected in the thesis is, to the best of my knowledge, correct as at March 10 2015. Advisors/Committee Members: Williams, George, Gilbert + Tobin Centre of Public Law, Faculty of Law, UNSW, Davis, Fergal, Gilbert + Tobin Centre of Public Law, Faculty of Law, UNSW.

Subjects/Keywords: Public law; Australian citizenship; Constitutional law

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APA (6^th Edition):

Pillai, S. (2015). The legal parameters of Australian citizenship. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/55894 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:39622/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Pillai, Sangeetha. “The legal parameters of Australian citizenship.” 2015. Doctoral Dissertation, University of New South Wales. Accessed January 19, 2021. http://handle.unsw.edu.au/1959.4/55894 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:39622/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Pillai, Sangeetha. “The legal parameters of Australian citizenship.” 2015. Web. 19 Jan 2021.

Vancouver:

Pillai S. The legal parameters of Australian citizenship. [Internet] [Doctoral dissertation]. University of New South Wales; 2015. [cited 2021 Jan 19]. Available from: http://handle.unsw.edu.au/1959.4/55894 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:39622/SOURCE02?view=true.

Council of Science Editors:

Pillai S. The legal parameters of Australian citizenship. [Doctoral Dissertation]. University of New South Wales; 2015. Available from: http://handle.unsw.edu.au/1959.4/55894 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:39622/SOURCE02?view=true

University of Warwick

10. Warner, Sara-Louise. A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia.

Degree: PhD, 2017, University of Warwick

URL: http://wrap.warwick.ac.uk/105145/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752453

► Digitalisation and convergence continue to transform the ways in which audio-visual content is supplied and consumed. This thesis examines the implications for the legacy regulatory… (more)

▼ Digitalisation and convergence continue to transform the ways in which audio-visual content is supplied and consumed. This thesis examines the implications for the legacy regulatory frameworks of the analogue era. It explores the relationship between the prevailing approach to concurrent regulation under sector-specific legislation and general competition law, and the competitive conditions for the supply of premium pay-TV in the UK and Australia. Theories of harm for the assessment of market power relating to horizontal concentration of ownership, exclusive rights and refusal to supply, are also reviewed. Whilst acknowledging an enduring role for sector-specific regulation, the thesis advocates an increasing residual role for the enforcement of general competition law. This is supported by the reinforcing effects of digitalisation and convergence upon the network industry aspect of pay-TV and the multi-sided platform characteristics of pay-TV providers. The thesis identifies the need for greater emphasis on the dynamic aspect of competition in the premium pay-TV context. This calls for a broader conceptualisation of competition which critically reflects the growth of online streaming, the global phenomenon around premium drama and the rise of multi-media firms in a global communications sector. These findings are significant and timely because failure to employ a sufficiently broad concept of effective competition may perversely deter competitive conduct and unduly impede the investment incentives that are critical to premium pay-TV. It may also produce outcomes that are ostensibly inconsistent with the normative basis for sector-specific regulation. The thesis suggests reform at the interface between sector-specific legislation and general competition law, and refinement of the principles of competition law in their application to premium pay-TV. In doing so, it proposes a model of regulation which aims to more effectively balance the shared interest of viewers, as consumers and citizens, in the future development of pay-TV and the wider communications sector.

Subjects/Keywords: 340; KN Common Law, Private Law

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APA (6^th Edition):

Warner, S. (2017). A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia. (Doctoral Dissertation). University of Warwick. Retrieved from http://wrap.warwick.ac.uk/105145/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752453

Chicago Manual of Style (16^th Edition):

Warner, Sara-Louise. “A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia.” 2017. Doctoral Dissertation, University of Warwick. Accessed January 19, 2021. http://wrap.warwick.ac.uk/105145/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752453.

MLA Handbook (7^th Edition):

Warner, Sara-Louise. “A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia.” 2017. Web. 19 Jan 2021.

Vancouver:

Warner S. A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia. [Internet] [Doctoral dissertation]. University of Warwick; 2017. [cited 2021 Jan 19]. Available from: http://wrap.warwick.ac.uk/105145/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752453.

Council of Science Editors:

Warner S. A comparative perspective on competition law and regulation of premium pay-TV in the UK and Australia. [Doctoral Dissertation]. University of Warwick; 2017. Available from: http://wrap.warwick.ac.uk/105145/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752453

University of Warwick

11. Baier, Waltraud. Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment.

Degree: PhD, 2019, University of Warwick

URL: http://wrap.warwick.ac.uk/143569/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.817644

► The Criminal Justice System of England and Wales is currently facing major challenges. One is the financial pressure of government funding cuts, the other the… (more)

▼ The Criminal Justice System of England and Wales is currently facing major challenges. One is the financial pressure of government funding cuts, the other the increasing need for professionalisation and rigour within the system. This thesis presents the use of micro Computed Tomography, Additive Manufacturing, and 3D visualisation to address both challenges. By drawing on data from live murder investigations the project examines how these digital technologies can be used to improve the investigation of strangulation deaths, sharp force injuries, and fractures. Each of these categories was treated as a separate case in the overall multiple-case study research design. The increased detail enabled by micro-CT assisted pathologists in the diagnosis of strangulation as previously undetected injuries of the larynx could be identified. A validation study comparing injured to uninjured samples was conducted to increase the strength of the interpretations. For sharp force injuries analysis, micro-CT proved useful for providing the necessary injury characteristics and highly accurate measurements to allow weapon identification. The high resolution of micro-CT scanning also enabled the visualisation of trauma on the smallest of skeletal elements, often encountered in non-accidental injuries in children. The cross-case synthesis revealed the main themes of clarity, objectivity, and visualisation which were improved by using micro-CT irrespective of type of homicide. The significance of these themes further crystallised in semi-structured interviews conducted with various stakeholders of the Criminal Justice System. Management concepts proved suitable to assess the project’s success as the themes used in operations management such as quality, delivery, and cost apply to the delivery of justice as well. A good working relationship with West Midlands Police’s homicide investigators and researchers at WMG was crucial to providing the technology and expertise to address real-life problems whilst ultimately saving taxpayers’ money.

Subjects/Keywords: KM Common Law, Public Law; QA Mathematics

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Baier, W. (2019). Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment. (Doctoral Dissertation). University of Warwick. Retrieved from http://wrap.warwick.ac.uk/143569/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.817644

Chicago Manual of Style (16^th Edition):

Baier, Waltraud. “Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment.” 2019. Doctoral Dissertation, University of Warwick. Accessed January 19, 2021. http://wrap.warwick.ac.uk/143569/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.817644.

MLA Handbook (7^th Edition):

Baier, Waltraud. “Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment.” 2019. Web. 19 Jan 2021.

Vancouver:

Baier W. Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment. [Internet] [Doctoral dissertation]. University of Warwick; 2019. [cited 2021 Jan 19]. Available from: http://wrap.warwick.ac.uk/143569/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.817644.

Council of Science Editors:

Baier W. Applications of micro-CT in the Criminal Justice System of England and Wales : an impact assessment. [Doctoral Dissertation]. University of Warwick; 2019. Available from: http://wrap.warwick.ac.uk/143569/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.817644

University of Melbourne

12. Yencken, Edward William. From conflict to cooperation: the transformation of Australian foreign policy towards the European Union.

Degree: 2017, University of Melbourne

URL: http://hdl.handle.net/11343/194528

► Given the emphasis placed on the US alliance and engagement with the Asia-Pacific region, Australian foreign policy can appear restricted in its focus. Australia’s approach… (more)

Subjects/Keywords: Australian foreign policy; European Union; common agricultural policy; Eurozone crisis

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Yencken, E. W. (2017). From conflict to cooperation: the transformation of Australian foreign policy towards the European Union. (Doctoral Dissertation). University of Melbourne. Retrieved from http://hdl.handle.net/11343/194528

Chicago Manual of Style (16^th Edition):

Yencken, Edward William. “From conflict to cooperation: the transformation of Australian foreign policy towards the European Union.” 2017. Doctoral Dissertation, University of Melbourne. Accessed January 19, 2021. http://hdl.handle.net/11343/194528.

MLA Handbook (7^th Edition):

Yencken, Edward William. “From conflict to cooperation: the transformation of Australian foreign policy towards the European Union.” 2017. Web. 19 Jan 2021.

Vancouver:

Yencken EW. From conflict to cooperation: the transformation of Australian foreign policy towards the European Union. [Internet] [Doctoral dissertation]. University of Melbourne; 2017. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/11343/194528.

Council of Science Editors:

Yencken EW. From conflict to cooperation: the transformation of Australian foreign policy towards the European Union. [Doctoral Dissertation]. University of Melbourne; 2017. Available from: http://hdl.handle.net/11343/194528

University of Sydney

13. Abdullah, Nurhidayah binti. An empirical analysis of the status of good faith in contractual performance: the Australian experience .

Degree: 2014, University of Sydney

URL: http://hdl.handle.net/2123/13880

► This thesis examines the concept of good faith in contractual performance as an important element in Australian contract law. The research begins with an empirical… (more)

▼ This thesis examines the concept of good faith in contractual performance as an important element in Australian contract law. The research begins with an empirical investigation of the extent of judicial support for an obligation of good faith in contract law since it was first put onto the judicial agenda in Australia by the case of Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234 through the obiter comments of Priestley J in 1992. The research continues with an empirical investigation of the meaning of good faith. There are many possible interpretations of the meaning of good faith, most of which are complex, contradictory, and unclear, which has led to undesirable uncertainty in the concept of good faith. The research then critically evaluates the possibility of legislating an obligation of good faith in contractual performance. 104 Australian cases from 1992 to 2009 that raised the issue of good faith were identified. The study period was divided into three phases; ‘Introduction Phase 1992- 1998’, ‘Development Phase 1999-2003’, and ‘Consolidation Phase 2004-2009’. These phases are examined for trends and development of the concept. A four Likerttype scale was used to access the attitude of the judges regarding the concept of good faith. In order to measure the validity and reliability of the data, the ‘average’ and ‘standard deviation’ is used in this study. The empirical observation concluded that there is still inconsistency of support from judges towards the issue of good faith. A rigorous thematic analysis of the meaning of good faith was conducted to propose a workable meaning of good faith. Despite the traditional reservations arising from uncertainty associated with the many meanings of good faith, an empirical analysis concluded that a workable meaning of good faith could be achieved by way of ‘multi-categories’. The previous Australian government accepted the recommendation to legislate good faith in the context of franchising to regulate the unethical behaviour of franchisors toward franchisees. In the context of franchising, good faith is legislated by way of ‘non-discretionary reference criteria’ as prescribed in S 22 of Australian Consumer Law. The development of good faith in the context of franchising offers a valuable opportunity for legislating good faith in contractual performance. Overall, this thesis argues that in the absence of a High Court decision regarding the application and meaning of good faith in contract law, there is scope for legislating a good faith obligation by defining good faith. This thesis suggests that good faith can be defined by way of ‘multi -categories’.

Subjects/Keywords: Good faith; Contractual performance; Australian contract law

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APA (6^th Edition):

Abdullah, N. b. (2014). An empirical analysis of the status of good faith in contractual performance: the Australian experience . (Thesis). University of Sydney. Retrieved from http://hdl.handle.net/2123/13880

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Abdullah, Nurhidayah binti. “An empirical analysis of the status of good faith in contractual performance: the Australian experience .” 2014. Thesis, University of Sydney. Accessed January 19, 2021. http://hdl.handle.net/2123/13880.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Abdullah, Nurhidayah binti. “An empirical analysis of the status of good faith in contractual performance: the Australian experience .” 2014. Web. 19 Jan 2021.

Vancouver:

Abdullah Nb. An empirical analysis of the status of good faith in contractual performance: the Australian experience . [Internet] [Thesis]. University of Sydney; 2014. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/2123/13880.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Abdullah Nb. An empirical analysis of the status of good faith in contractual performance: the Australian experience . [Thesis]. University of Sydney; 2014. Available from: http://hdl.handle.net/2123/13880

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

14. Zein, Sarah. La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts.

Degree: Docteur es, Droit privé, 2017, Aix-Marseille; Université Libanaise. Faculté de Droit et des Sciences Politiques et Administratives (Beyrouth, Liban)

URL: http://www.theses.fr/2017AIXM0078

►

L'analyse des textes internationaux démontre que les règles du droit anglo-américain sont les plus sollicitées pour régir les contrats internationaux dès leur formation et jusqu'à… (more)

▼

L'analyse des textes internationaux démontre que les règles du droit anglo-américain sont les plus sollicitées pour régir les contrats internationaux dès leur formation et jusqu'à leur extinction. La combinaison de différents facteurs explique ce phénomène actuel d'influence du droit anglo-américain et dévoile son ampleur. D'une part, le phénomène de la mondialisation, qui s'exprime essentiellement par l'internationalisation de l'économie, a entraîné une concurrence entre les nations, relative à l'attractivité de leur droit. La flexibilité et le pragmatisme du droit anglo-américain semblent, d'autre part, l'avoir emporté sur le légicentrisme du droit civil. Enfin, l'expansion des outils issus de l'analyse économique du droit dans les différents systèmes juridiques cosmopolites matérialise indubitablement ce phénomène anglo-américain de pénétration de la dimension économique dans la sphère juridique. Par ailleurs, plusieurs mécanismes contractuels anglo-américains sont importés dans les projets d'unification du droit des contrats; ceux-ci véhiculent effectivement la philosophie juridique des « commonlawyers ». Par rapport aux autres normes incorporées dans les textes internationaux essentiellement du droit romano-germanique, l'intégration des règles anglo-américaines a abouti à un renforcement des principes directeurs de la liberté et de la loyauté contractuelle ainsi qu'un affaiblissement du principe de la sécurité contractuelle

The analysis of international texts shows that the rules of Anglo-American law are the most used to regulate International contracts from their formation until their extinction. The combination of various factors explains this current phenomenon of influence of Anglo-American law and reveals its magnitude. On the one hand, the phenomenon of globalization, which is expressed essentially by the internationalization of the economy, has led to competition between nations for the attractiveness of their norms. The flexibility and pragmatism of Anglo-American law, on the other hand, seem to have prevailed over the legitimacy of civil law. Finally, the expansion of the tools resulting from the economic analysis of the law in the different cosmopolitan legal systems undoubtedly materializes this Anglo-American phenomenon of penetration of the economic dimension in the legal sphere. In addition, several Anglo-American contractual mechanisms are imported into the the projects of unification of the law of international contracts ; the effectively convey the legal philosophy of the common lawyers. The integration of Anglo-American rules has resulted in a strengthening of the guiding principles of freedom and contractual loyaulty, as well as weakening of the principle of contractual security

Advisors/Committee Members: Blanc, Gérard (thesis director), Mansour, Sami (thesis director).

Subjects/Keywords: Droit anglo-Américain; Principes directeurs; Pragmatisme; Conventions internationales; Soft law

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APA (6^th Edition):

Zein, S. (2017). La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts. (Doctoral Dissertation). Aix-Marseille; Université Libanaise. Faculté de Droit et des Sciences Politiques et Administratives (Beyrouth, Liban). Retrieved from http://www.theses.fr/2017AIXM0078

Chicago Manual of Style (16^th Edition):

Zein, Sarah. “La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts.” 2017. Doctoral Dissertation, Aix-Marseille; Université Libanaise. Faculté de Droit et des Sciences Politiques et Administratives (Beyrouth, Liban). Accessed January 19, 2021. http://www.theses.fr/2017AIXM0078.

MLA Handbook (7^th Edition):

Zein, Sarah. “La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts.” 2017. Web. 19 Jan 2021.

Vancouver:

Zein S. La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts. [Internet] [Doctoral dissertation]. Aix-Marseille; Université Libanaise. Faculté de Droit et des Sciences Politiques et Administratives (Beyrouth, Liban); 2017. [cited 2021 Jan 19]. Available from: http://www.theses.fr/2017AIXM0078.

Council of Science Editors:

Zein S. La place du droit anglo-américain dans les contrats internationaux : The place of Anglo-American law on the international contracts. [Doctoral Dissertation]. Aix-Marseille; Université Libanaise. Faculté de Droit et des Sciences Politiques et Administratives (Beyrouth, Liban); 2017. Available from: http://www.theses.fr/2017AIXM0078

University of Oxford

15. Abbasi, Muhammad Zubair. Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law.

Degree: PhD, 2013, University of Oxford

URL: http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588469

► This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India.… (more)

▼ This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance and rule making because of its flexibility. The translation of classical Islamic legal texts, the Hidāya and certain parts of the Fatāwā al-‘Ālamgīriyya, relieved English judges of the need for a reliance on local legal advisors. However, Muslim lawyers, judges, legal commentators, and some religious scholars (‘ulamā’) simultaneously collaborated and negotiated with, and resisted colonial administrators in the process of legal transformation. As adjudication was a preferred mode of transformation, legal commentaries played a crucial role in legal developments. A majority of legal commentators were Muslims, such as Ameer Ali, Abdur Rahim and Faiz Tyabji. They used their legal treatises to resist any colonial intervention in Islamic law. Although English educated Muslims replaced ‘ulamā’ as cultural intermediaries between the state and society, this did not eliminate the role of ‘ulamā’ as the custodians of Islamic law. They established closer links with society and issued fatāwā (legal opinions) on legal issues. Fatāwā were sought regarding every important aspect of waqf law, from the validity of family awqāf to the management of awqāf and the permissibility of awqāf of movables such as shares of companies. ‘Ulamā’ also lobbied for the enforcement of Islamic law in order to promote women’s rights of inheritance and to get a divorce. This study finds that Anglo-Muhammadan law was a product of interaction between various sections of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between divergent interest holders. Despite replacing the traditional institutional structure, the overall legal system became more inclusive. It could interact with various stakeholders and represent them in the process of law making in order to respond to social change.

Subjects/Keywords: 340.59; Islam; Comparative Law; Property law; waqf (endowment); colonial India; English law; Islamic law; Anglo-Muhammadan law

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APA (6^th Edition):

Abbasi, M. Z. (2013). Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588469

Chicago Manual of Style (16^th Edition):

Abbasi, Muhammad Zubair. “Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law.” 2013. Doctoral Dissertation, University of Oxford. Accessed January 19, 2021. http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588469.

MLA Handbook (7^th Edition):

Abbasi, Muhammad Zubair. “Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law.” 2013. Web. 19 Jan 2021.

Vancouver:

Abbasi MZ. Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law. [Internet] [Doctoral dissertation]. University of Oxford; 2013. [cited 2021 Jan 19]. Available from: http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588469.

Council of Science Editors:

Abbasi MZ. Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law. [Doctoral Dissertation]. University of Oxford; 2013. Available from: http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588469

University of Warwick

16. Byrom, Natalie Louise. Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres.

Degree: PhD, 2018, University of Warwick

URL: http://wrap.warwick.ac.uk/106387/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752516

► This thesis explores the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act (2012) (“LASPO”)… (more)

▼ This thesis explores the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act (2012) (“LASPO”) on the ability of those who are vulnerable to access justice. In doing so it focuses on the experience of UK Law Centres, a network of not-for-profit providers of legal advice and representation. Law Centres were established in the 1970’s as a response to acknowledged deficiencies in the legal aid scheme that existed at this time. Principal amongst these deficiencies was the failure of the scheme to provide legal assistance to those individuals who were most in need of it. Since their inception Law Centres have developed a reputation for specialising in the delivery of legal services to marginalised communities, making them an ideal lens through which to observe the impact of cuts to legal aid on the vulnerable. This thesis explores the relationship between the Law Centres movement and the legal aid scheme; characterising this as one of reluctant yet increasing dependency. By the time LASPO was introduced, contracts for the delivery of legal aid comprised 46% of the funding for Law Centres in England and Wales, leaving Law Centres highly exposed to the swingeing cuts brought about by this legislation. The thesis seeks to understand the impact of LASPO on Law Centres as a movement, and in particular on their ability to deliver services to those individuals who are most vulnerable. In the absence of a consensus definition of what a Law Centre is, the thesis reviews the extant literature on the Law Centres movement to propose an “ideal type” framework of Law Centre values, which can be used as a tool against which to evaluate the impact of different strategies for surviving the cuts. It proposes a novel definition of vulnerability, to assist in assessing whether the strategies adopted by Law Centres in response to LASPO are likely to prove more or less effective in enabling the movement to prioritise delivering their services to those who are in greatest need. The thesis then uses these analytical tools to evaluate the three most popular funding models adopted by Law Centres in response to the cuts, drawing on original empirical research. The thesis concludes that if Law Centres wish to retain both their unique position within the landscape of legal service providers and their ability to support those in greatest need, their response to LASPO must by driven by cognisance of and fidelity to the values that render them distinctive.

Subjects/Keywords: 340; KF Common Law, British Isles

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Byrom, N. L. (2018). Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres. (Doctoral Dissertation). University of Warwick. Retrieved from http://wrap.warwick.ac.uk/106387/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752516

Chicago Manual of Style (16^th Edition):

Byrom, Natalie Louise. “Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres.” 2018. Doctoral Dissertation, University of Warwick. Accessed January 19, 2021. http://wrap.warwick.ac.uk/106387/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752516.

MLA Handbook (7^th Edition):

Byrom, Natalie Louise. “Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres.” 2018. Web. 19 Jan 2021.

Vancouver:

Byrom NL. Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres. [Internet] [Doctoral dissertation]. University of Warwick; 2018. [cited 2021 Jan 19]. Available from: http://wrap.warwick.ac.uk/106387/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752516.

Council of Science Editors:

Byrom NL. Exploring the impact of the cuts to civil legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act [2012] on vulnerable people : the experience of law centres. [Doctoral Dissertation]. University of Warwick; 2018. Available from: http://wrap.warwick.ac.uk/106387/ ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752516

Universidad Peruana de Ciencias Aplicadas

17. Vega Castro-Sayán, Diego. Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación .

Degree: 2018, Universidad Peruana de Ciencias Aplicadas

URL: http://hdl.handle.net/10757/624057

► El origen de nuestra idea surge de la observación de la evolución del mercado en materia de Derecho con la llegada a nuestro medio de… (more)

Subjects/Keywords: Common Law; Derecho; Maestrías; Creación de empresas

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APA (6^th Edition):

Vega Castro-Sayán, D. (2018). Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación . (Thesis). Universidad Peruana de Ciencias Aplicadas. Retrieved from http://hdl.handle.net/10757/624057

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Vega Castro-Sayán, Diego. “Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación .” 2018. Thesis, Universidad Peruana de Ciencias Aplicadas. Accessed January 19, 2021. http://hdl.handle.net/10757/624057.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Vega Castro-Sayán, Diego. “Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación .” 2018. Web. 19 Jan 2021.

Vancouver:

Vega Castro-Sayán D. Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación . [Internet] [Thesis]. Universidad Peruana de Ciencias Aplicadas; 2018. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10757/624057.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Vega Castro-Sayán D. Análisis de factibilidad y de viabilidad de un programa internacional en Maestría de Derecho con doble titulación . [Thesis]. Universidad Peruana de Ciencias Aplicadas; 2018. Available from: http://hdl.handle.net/10757/624057

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

18. SMITH, PAUL GERARD. Catholics and the Law in Restoration Ireland 1660 -1691.

Degree: School of Histories & Humanities. Discipline of History, 2019, Trinity College Dublin

URL: http://hdl.handle.net/2262/86072

► By 1660, the Common Law was widely, if not universally, applied in Ireland. For the English and Protestant interest, the law was the principal means… (more)

Subjects/Keywords: English Common Law; Catholics; Restoration Ireland

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APA (6^th Edition):

SMITH, P. G. (2019). Catholics and the Law in Restoration Ireland 1660 -1691. (Thesis). Trinity College Dublin. Retrieved from http://hdl.handle.net/2262/86072

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

SMITH, PAUL GERARD. “Catholics and the Law in Restoration Ireland 1660 -1691.” 2019. Thesis, Trinity College Dublin. Accessed January 19, 2021. http://hdl.handle.net/2262/86072.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

SMITH, PAUL GERARD. “Catholics and the Law in Restoration Ireland 1660 -1691.” 2019. Web. 19 Jan 2021.

Vancouver:

SMITH PG. Catholics and the Law in Restoration Ireland 1660 -1691. [Internet] [Thesis]. Trinity College Dublin; 2019. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/2262/86072.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

SMITH PG. Catholics and the Law in Restoration Ireland 1660 -1691. [Thesis]. Trinity College Dublin; 2019. Available from: http://hdl.handle.net/2262/86072

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Melbourne

19. Hepburn, Samantha. Fusion development between law and equity.

Degree: 1994, University of Melbourne

URL: http://hdl.handle.net/11343/37234

► This thesis attempts to present a structured definition of the concept of fusion in a modern legal environment. It examines the forces and influences which… (more)

▼ This thesis attempts to present a structured definition of the concept of fusion in a modern legal environment. It examines the forces and influences which have encouraged and shaped fusion developments and goes on to consider the manifestations of actual and potential fusions occurring in a variety of different legal and equitable doctrines. The recognition and acceptance of fusion does not necessarily signify the automatic destruction of all jurisdictional distinctions between law and equity and it is hoped that a systematic analysis of what fusion refers to and how it is evidenced within our legal infrastructure will allay this fear. Fusion is literally defined as a close union of things. The intimacy of this union is variable; it can range from a complete blending of two separate objects to a close interaction between those objects. When considering fusion in the context of the growing intimacy between the common law and equity jurisdiction, the same principles apply. There are different measures of fusion which are continually occurring between legal and equitable doctrines and not all fusion involves a complete meltdown of jurisdictional distinctions. Some fusion simply encourages a change in attitude or approach to a principle. This sort of fusion is an interactive rather than a merging fusion because it influences related doctrines instead of subsuming them. Some of the main jurisdictional difficulties encountered within a modern Judicature system are increasingly being addressed through fusion developments. Common concerns experienced by the courts include the perpetuation of doctrinal and discretionary inconsistencies between law and equity which are outdated and unnecessary and the artificial imposition of jurisdictional constraints in the application of remedy. Fusion can offer a rationalised, interactive alternative to strict jurisdictional segregation thereby providing a viable method for the resolution of these concerns. The difficulty in implementing fusion stems, however, from a lack of understanding about the nature of consequences of the concept. If fusion is constantly perceived to be an absolute merger rather than a discrete integrating process then inevitably any reference to fusion will be considered radical and unjustified. (From Introduction)

Subjects/Keywords: common law; equity

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APA (6^th Edition):

Hepburn, S. (1994). Fusion development between law and equity. (Masters Thesis). University of Melbourne. Retrieved from http://hdl.handle.net/11343/37234

Chicago Manual of Style (16^th Edition):

Hepburn, Samantha. “Fusion development between law and equity.” 1994. Masters Thesis, University of Melbourne. Accessed January 19, 2021. http://hdl.handle.net/11343/37234.

MLA Handbook (7^th Edition):

Hepburn, Samantha. “Fusion development between law and equity.” 1994. Web. 19 Jan 2021.

Vancouver:

Hepburn S. Fusion development between law and equity. [Internet] [Masters thesis]. University of Melbourne; 1994. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/11343/37234.

Council of Science Editors:

Hepburn S. Fusion development between law and equity. [Masters Thesis]. University of Melbourne; 1994. Available from: http://hdl.handle.net/11343/37234

20. Clark, Benjamin. The Invention of American Nationhood: Joseph Story and the Federal Common Law.

Degree: 2017, The Catholic University of America

URL: http://hdl.handle.net/1961/cuislandora:64702

►

This dissertation examines the relationship of the early 19th Century debate over the existence of a national common law to a deeper disagreement over the… (more)

▼

This dissertation examines the relationship of the early 19th Century debate over the existence of a national common law to a deeper disagreement over the nature of the federal union. More particularly, this dissertation suggests that Supreme Court Justice Joseph Story’s argument for a federal common law underlying the Constitution was contingent upon his view that the United States government was the direct creation of a national American people. Those who opposed a federal common law did so based upon an opposing view of the union, asserting instead that the federal constitution was created by means of a compact or agreement between the separate people of each state. Both of these views of the Union—commonly referred to as the Nationalist Theory and Compact Theory—are traced out from their earliest expressions in the Continental Congress until Story’s day. Although Story was not the first to assert the basic premise of the Nationalist Theory, his magisterial Commentaries on the Constitution did much to systematize that theory and provide its fullest articulation and defense. Story’s Nationalist Theory is thus drawn out from his Commentaries and applied to his arguments for a federal common law in such cases as United States v. Coolidge (1813) and Swift v. Tyson (1842). This dissertation also considers and rejects a number of competing interpretations of the federal common law debate, in favor of viewing the debate as an outgrowth of competing theories of the union. The dissertation closes by taking up the long-term impact of this debate. First, why did Story’s eventual establishment of a partial federal common law fail to have the significant impact that both critics and proponents thought it would? Second, to what extent do modern constitutional debates still reflect the tension between the incommensurable claims of the Nationalist Theory and Compact Theory? It is suggested that many current constitutional debates, no less than the debate over the federal common law, essentially boil down to these competing constitutional theories.

Political science

Law

Commentaries on the Constitution, Common law, Compact Theory, Federal Common Law, Joseph Story, Nationalist Theory

Politics

Degree Awarded: Ph.D. Politics. The Catholic University of America

Advisors/Committee Members: The Catholic University of America (Degree granting institution), Coyle, Dennis (Thesis advisor), Schneck, Stephen (Committee member), Ryn, Claes (Committee member).

Subjects/Keywords: Commentaries on the Constitution; Common law; Compact Theory; Federal Common Law; Joseph Story; Nationalist Theory

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APA (6^th Edition):

Clark, B. (2017). The Invention of American Nationhood: Joseph Story and the Federal Common Law. (Thesis). The Catholic University of America. Retrieved from http://hdl.handle.net/1961/cuislandora:64702

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Clark, Benjamin. “The Invention of American Nationhood: Joseph Story and the Federal Common Law.” 2017. Thesis, The Catholic University of America. Accessed January 19, 2021. http://hdl.handle.net/1961/cuislandora:64702.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Clark, Benjamin. “The Invention of American Nationhood: Joseph Story and the Federal Common Law.” 2017. Web. 19 Jan 2021.

Vancouver:

Clark B. The Invention of American Nationhood: Joseph Story and the Federal Common Law. [Internet] [Thesis]. The Catholic University of America; 2017. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/1961/cuislandora:64702.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Clark B. The Invention of American Nationhood: Joseph Story and the Federal Common Law. [Thesis]. The Catholic University of America; 2017. Available from: http://hdl.handle.net/1961/cuislandora:64702

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Oxford

21. Mountford, Benjamin Wilson. The open door swings both ways : Australia, China and the British World System, c.1770-1907.

Degree: PhD, 2012, University of Oxford

URL: http://ora.ox.ac.uk/objects/uuid:f5f97280-2bda-4dec-86e6-0b9238ed9f21 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.581098

► This doctoral thesis considers the significance of Australian engagement with China within British imperial history between the late-eighteenth and early-twentieth centuries. It sets out to… (more)

Subjects/Keywords: 327.94051; History; International,imperial and global history; British imperial history; Australian history; Anglo-Chinese relations; British history

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Mountford, B. W. (2012). The open door swings both ways : Australia, China and the British World System, c.1770-1907. (Doctoral Dissertation). University of Oxford. Retrieved from http://ora.ox.ac.uk/objects/uuid:f5f97280-2bda-4dec-86e6-0b9238ed9f21 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.581098

Chicago Manual of Style (16^th Edition):

Mountford, Benjamin Wilson. “The open door swings both ways : Australia, China and the British World System, c.1770-1907.” 2012. Doctoral Dissertation, University of Oxford. Accessed January 19, 2021. http://ora.ox.ac.uk/objects/uuid:f5f97280-2bda-4dec-86e6-0b9238ed9f21 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.581098.

MLA Handbook (7^th Edition):

Mountford, Benjamin Wilson. “The open door swings both ways : Australia, China and the British World System, c.1770-1907.” 2012. Web. 19 Jan 2021.

Vancouver:

Mountford BW. The open door swings both ways : Australia, China and the British World System, c.1770-1907. [Internet] [Doctoral dissertation]. University of Oxford; 2012. [cited 2021 Jan 19]. Available from: http://ora.ox.ac.uk/objects/uuid:f5f97280-2bda-4dec-86e6-0b9238ed9f21 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.581098.

Council of Science Editors:

Mountford BW. The open door swings both ways : Australia, China and the British World System, c.1770-1907. [Doctoral Dissertation]. University of Oxford; 2012. Available from: http://ora.ox.ac.uk/objects/uuid:f5f97280-2bda-4dec-86e6-0b9238ed9f21 ; https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.581098

University of New South Wales

22. Powell, Diane. Reverberations: An exploration of memory and cultural identity.

Degree: English, Media, & Performing Arts, 2008, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/41224 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:1630/SOURCE02?view=true

► This thesis is about the way memory and identity are continually reconstituted and how they shape and impinge upon each other. I use my own… (more)

Subjects/Keywords: Italian culture; Anglo Australian culture; Community identity

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APA (6^th Edition):

Powell, D. (2008). Reverberations: An exploration of memory and cultural identity. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/41224 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:1630/SOURCE02?view=true

Chicago Manual of Style (16^th Edition):

Powell, Diane. “Reverberations: An exploration of memory and cultural identity.” 2008. Doctoral Dissertation, University of New South Wales. Accessed January 19, 2021. http://handle.unsw.edu.au/1959.4/41224 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:1630/SOURCE02?view=true.

MLA Handbook (7^th Edition):

Powell, Diane. “Reverberations: An exploration of memory and cultural identity.” 2008. Web. 19 Jan 2021.

Vancouver:

Powell D. Reverberations: An exploration of memory and cultural identity. [Internet] [Doctoral dissertation]. University of New South Wales; 2008. [cited 2021 Jan 19]. Available from: http://handle.unsw.edu.au/1959.4/41224 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:1630/SOURCE02?view=true.

Council of Science Editors:

Powell D. Reverberations: An exploration of memory and cultural identity. [Doctoral Dissertation]. University of New South Wales; 2008. Available from: http://handle.unsw.edu.au/1959.4/41224 ; https://unsworks.unsw.edu.au/fapi/datastream/unsworks:1630/SOURCE02?view=true

Universidade do Rio Grande do Sul

23. Maman, Tobias Scheffer de. Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história.

Degree: 2014, Universidade do Rio Grande do Sul

URL: http://hdl.handle.net/10183/111684

►

A presente pesquisa pretende verificar a compatibilidade do ordenamento jurídico brasileiro com o sistema de precedentes; pretende apurar a viabilidade da introdução do stare decisis… (more)

▼

A presente pesquisa pretende verificar a compatibilidade do ordenamento jurídico brasileiro com o sistema de precedentes; pretende apurar a viabilidade da introdução do stare decisis em sistema predominantemente de direito legislado. A análise parte de uma comparação histórica entre a tradição romano-canônica e o common law, a fim de identificar as origens, momentos de divergências e o atual estágio de aproximação, sob a ideia de que representam as tradições, em conjunto, uma grande tradição jurídica ocidental. A partir dessa origem histórica, a pesquisa avança à análise do perfil estrutural-funcional de cada uma das tradições, com a identificação dos instrumentos e dos métodos de aplicação do direito, além do perfil das respectivas interpretações jurídicas. Ainda, propõe-se a aferir a superação do paradigma racionalista, na faceta do paradigma ideológico, que afasta do Poder Judiciário do civil law o papel de participação ativa na criação de direito. Sob os avanços da teoria da interpretação jurídica e das novas funções atribuídas aos tribunais de vértice, a pesquisa busca ainda identificar uma norma constitucional que impõe a utilização de precedentes no direito brasileiro.

This research investigates the compatibility of the brazilian legal system with the doctrine of precedents; investigates the possibillity of introducing the stare decisis in a statutory legal system. The analysis starts from a historical comparison between the civil law and the common law traditions, in order to identify the origins, moments of divergences and the current stage of proximity, with the north that the traditions, together, represents a large western legal tradition. From this historical background, the research advances to the analysis of structural and functional profile of each of the traditions, identifying the instruments and the methods of application of law, besides the related legal interpretations theory. In addition, the research seeks to check the resilience of the rationalist paradigm, on the ideological fashion, that removes from the civil law’s judiciary any participation in the creation of law. Under the advances of the legal interpretation theory and the new tasks assigned to the superior courts, this research also seeks to identify a constitutional rule to impose the use of precedents in brazilian law.

Advisors/Committee Members: Knijnik, Danilo.

Subjects/Keywords: Civil law; Common law; Common law; Civil law; Precedentes judiciais; Stare decisis; Interpretacao juridica; Precedent; História do direito

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APA (6^th Edition):

Maman, T. S. d. (2014). Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história. (Thesis). Universidade do Rio Grande do Sul. Retrieved from http://hdl.handle.net/10183/111684

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Maman, Tobias Scheffer de. “Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história.” 2014. Thesis, Universidade do Rio Grande do Sul. Accessed January 19, 2021. http://hdl.handle.net/10183/111684.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Maman, Tobias Scheffer de. “Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história.” 2014. Web. 19 Jan 2021.

Vancouver:

Maman TSd. Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história. [Internet] [Thesis]. Universidade do Rio Grande do Sul; 2014. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10183/111684.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Maman TSd. Precedentes no direito brasileiro : a tradição jurídica ocidental entre instrumentos, métodos e história. [Thesis]. Universidade do Rio Grande do Sul; 2014. Available from: http://hdl.handle.net/10183/111684

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of South Africa

24. Richards, Daniel Ross. The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses .

Degree: 2019, University of South Africa

URL: http://hdl.handle.net/10500/26353

► The purpose of this dissertation is to understand the impact of the Consumer Protection Act 68 of 2008 (CPA) on the enforceability of exemption clauses,… (more)

Subjects/Keywords: Exemption clause(s); Consumer Protection Act 68 of 2008; Consumer/Supplier; Common law; Public policy; Bargaining position(s); Unfairness; Reasonableness; Standard-form contracts; Plain language; Constitution; Ubuntu; Grey list; Black list; Regulation 44(3) of the Consumer Protection Act 68 of 2008; Australian Consumer Law (ACL); Unfair Contract Terms Act 1977; Unfair Terms in Consumer Contracts Regulation 1999; Consumer Rights Act 2015

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Richards, D. R. (2019). The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses . (Masters Thesis). University of South Africa. Retrieved from http://hdl.handle.net/10500/26353

Chicago Manual of Style (16^th Edition):

Richards, Daniel Ross. “The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses .” 2019. Masters Thesis, University of South Africa. Accessed January 19, 2021. http://hdl.handle.net/10500/26353.

MLA Handbook (7^th Edition):

Richards, Daniel Ross. “The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses .” 2019. Web. 19 Jan 2021.

Vancouver:

Richards DR. The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses . [Internet] [Masters thesis]. University of South Africa; 2019. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/10500/26353.

Council of Science Editors:

Richards DR. The impact of the Consumer Protection Act 68 of 2008 on the enforceability of exemption clauses . [Masters Thesis]. University of South Africa; 2019. Available from: http://hdl.handle.net/10500/26353

University of Victoria

25. Clark, Jan Katherine. Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law.

Degree: Faculty of Law, 2012, University of Victoria

URL: http://hdl.handle.net/1828/4071

► During the latter half of the 11th century through to the end of the 13th century, Europe was experiencing what is considered by some historians… (more)

Subjects/Keywords: Royal Law; Church Law; Canon Law; Common Law; Henry II; Legal History; Church; England

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APA (6^th Edition):

Clark, J. K. (2012). Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law. (Masters Thesis). University of Victoria. Retrieved from http://hdl.handle.net/1828/4071

Chicago Manual of Style (16^th Edition):

Clark, Jan Katherine. “Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law.” 2012. Masters Thesis, University of Victoria. Accessed January 19, 2021. http://hdl.handle.net/1828/4071.

MLA Handbook (7^th Edition):

Clark, Jan Katherine. “Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law.” 2012. Web. 19 Jan 2021.

Vancouver:

Clark JK. Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law. [Internet] [Masters thesis]. University of Victoria; 2012. [cited 2021 Jan 19]. Available from: http://hdl.handle.net/1828/4071.

Council of Science Editors:

Clark JK. Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law. [Masters Thesis]. University of Victoria; 2012. Available from: http://hdl.handle.net/1828/4071

University of New South Wales

26. Blayden, Lynsey. Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action.

Degree: Law, 2020, University of New South Wales

URL: http://handle.unsw.edu.au/1959.4/66850

► In recent decades Australian judicial review of administrative action has been characterised as having taken a different shape to review in countries with a similar… (more)

▼ In recent decades Australian judicial review of administrative action has been characterised as having taken a different shape to review in countries with a similar common law heritage. One explanation given for this difference is an attachment to what has been called ‘formalism’ or ‘legalism’ in Australian judicial doctrine. This thesis argues that instead, the source of the difference lies in the different normative institutional values of the Australian system of law and government. This thesis is divided into two parts. Part I sketches the contemporary framework of judicial review of administrative action in Australia. It looks at three defining features of it, the constitutional separation of judicial power, the distinction between merits and legality and the concept of jurisdictional error. This part of the thesis draws out the ways in which these features can be recognised as the product of a notion of judicial power which is responsive to institutional context. Part II of the thesis turns to a consideration of the normative values that have shaped conceptions of institutional power in Australia. This part of the thesis argues that, owing to the period in which the Australian Constitution was adopted, and certain aspects of Australian history, the Australian conception of government is characterised by what can be termed ‘new liberalism’ or ‘progressivism’, giving what can be recognised as a ‘functionalist’ character to Australian public law. A key tenet of new liberalism was that freedom was to be achieved through the state. A further tenet was that the people should be ‘self-governing’. Both ideas can be distinguished from the classical conception of liberalism at the centre of the traditional Diceyan conception of constitutionalism. This thesis argues that the presence of these ideas in the decades before and after Federation can be regarded as having helped to shape a concept of judicial power, which operates to prevent arbitrary state action and protect the overall health of the constitutional system itself, but otherwise leave questions of public policy or morality for resolution by the people themselves through the political process. Advisors/Committee Members: Aronson, Mark, Law, Faculty of Law, UNSW, Appleby, Gabrielle, Gilbert + Tobin Centre of Public Law, Faculty of Law, UNSW, Burton-Crawford, Lisa, Gilbert + Tobin Centre of Public Law, Faculty of Law, UNSW.

Subjects/Keywords: Judicial review; Constitutional law; Administrative law; Australian political theory

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APA (6^th Edition):

Blayden, L. (2020). Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action. (Doctoral Dissertation). University of New South Wales. Retrieved from http://handle.unsw.edu.au/1959.4/66850

Chicago Manual of Style (16^th Edition):

Blayden, Lynsey. “Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action.” 2020. Doctoral Dissertation, University of New South Wales. Accessed January 19, 2021. http://handle.unsw.edu.au/1959.4/66850.

MLA Handbook (7^th Edition):

Blayden, Lynsey. “Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action.” 2020. Web. 19 Jan 2021.

Vancouver:

Blayden L. Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action. [Internet] [Doctoral dissertation]. University of New South Wales; 2020. [cited 2021 Jan 19]. Available from: http://handle.unsw.edu.au/1959.4/66850.

Council of Science Editors:

Blayden L. Conceptions of democracy and the administrative state in the shaping of Australian judicial review of administrative action. [Doctoral Dissertation]. University of New South Wales; 2020. Available from: http://handle.unsw.edu.au/1959.4/66850

27. Victor, Sérgio Antônio Ferreira. Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição.

Degree: PhD, Direito do Estado, 2013, University of São Paulo

URL: http://www.teses.usp.br/teses/disponiveis/2/2134/tde-19022014-161546/ ;

►

O controle judicial de constitucionalidade moderno nasceu nos Estados Unidos, a partir da decisão do caso Marbury v. Madison, em 1803. Desde então pode-se dizer… (more)

▼

O controle judicial de constitucionalidade moderno nasceu nos Estados Unidos, a partir da decisão do caso Marbury v. Madison, em 1803. Desde então pode-se dizer que as atenções do meio acadêmico jurídico, especialmente no campo do direito contitucional, foram progressivamente voltando-se a essa prática, com vistas a melhor compreendê-la. A partir da segunda metade do século XX, o controle de constitucionalidade foi amplamente difundido e hoje está presente na grande maioria dos países democráticos. Mais recentemente, os debates sobre o tema convergiram para os excessos cometidos pelos órgãos incumbidos, em cada Estado, da tarefa de revisar a constitucionalidade da legislação. Foram colocados no centro das discussões não apenas o modo por meio do qual os órgãos de controle atuam, especialmente o Poder Judiciário, mas também a própria legitimidade do exercício dessa função, tendo em vista as tensões existentes entre o controle de constitucionalidade das leis por órgãos não representativos e os princípios democrático e do Estado de Direito. Dessa forma, a tese inicia-se buscando compreender as origens do judicial review na tradição do common law inglês; em seguida, procura desvendar como a tradição do direito inglês foi incorporada aos Estados Unidos e compatibilizada à sua constituição escrita; passa, então, a descrever as dificuldades que os autores modernos encontraram para justificar o exercício do controle judicial de constitucionalidade, tendo em vista a dificuldade contramajoritária que enfrenta; expõe, assim, algumas críticas ao que se convencionou chamar de supremacia judicial, tese que afirma competir ao Poder Judiciário proferir a última palavra sobre o significado da Constituição; e, por fim, reinserindo o debate no plano do constitucionalismo político, a tese explicita a noção de diálogo institucional e tenta imaginar os papéis institucionais que Cortes e Parlamentos exercem ou devem exercer nesse debate, com foco especialmente no Brasil e na relação entre o Supremo Tribunal Federal e o Congresso Nacional relativamente à interpretação da Constituição.

This thesis focuses on the problems of the contemporary constitutional review in Brazil. It is widely recognised that constitutional review was established in 1803 with the landmark case Marbury v Madison. By the second half of the 20th century some form of constitutional review had been adopted by most western democracies. More recently the excesses of such a form of control of the legislative function have shifted the experts attention to the phenomenon of judicial supremacy. Because it is most frequently performed by unelected officials, the procedures of judicial review have been put under scrutiny and its very legitimacy has been questioned. This tension between the majoritarian principle and the judicial function of constitutional review became known as the counter-majoritarian difficulty. Although our main focus is on the Brazilian constitutional review, we start by going back to the beginnings of the judicial review within the common law tradition…

Advisors/Committee Members: Amaral Júnior, José Levi Mello do.

Subjects/Keywords: Common law; Common law; Controle da constitucionalidade; Democracia; Democracy; Direito constitucional; Estado (direito); Institutional dialogue; Judicial review; Rule of law

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APA (6^th Edition):

Victor, S. A. F. (2013). Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição. (Doctoral Dissertation). University of São Paulo. Retrieved from http://www.teses.usp.br/teses/disponiveis/2/2134/tde-19022014-161546/ ;

Chicago Manual of Style (16^th Edition):

Victor, Sérgio Antônio Ferreira. “Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição.” 2013. Doctoral Dissertation, University of São Paulo. Accessed January 19, 2021. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-19022014-161546/ ;.

MLA Handbook (7^th Edition):

Victor, Sérgio Antônio Ferreira. “Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição.” 2013. Web. 19 Jan 2021.

Vancouver:

Victor SAF. Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição. [Internet] [Doctoral dissertation]. University of São Paulo; 2013. [cited 2021 Jan 19]. Available from: http://www.teses.usp.br/teses/disponiveis/2/2134/tde-19022014-161546/ ;.

Council of Science Editors:

Victor SAF. Diálogo institucional, democracia e estado de direito: o debate entre o Supremo Tribunal Federal e o Congresso Nacional sobre a interpretação da constituição. [Doctoral Dissertation]. University of São Paulo; 2013. Available from: http://www.teses.usp.br/teses/disponiveis/2/2134/tde-19022014-161546/ ;

Bond University

28. McKenzie, Christopher Lawrence. Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform.

Degree: 2011, Bond University

URL: https://epublications.bond.edu.au/theses/61

The thesis assesses whether the public possess rights at public places and whether these public rights are adequately safeguarded during public sporting events by reason of the development of the common law in public nuisance litigation.

Subjects/Keywords: Common law; Civil rights; Special events; Management; Law (0398)

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APA (6^th Edition):

McKenzie, C. L. (2011). Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform. (Thesis). Bond University. Retrieved from https://epublications.bond.edu.au/theses/61

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

McKenzie, Christopher Lawrence. “Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform.” 2011. Thesis, Bond University. Accessed January 19, 2021. https://epublications.bond.edu.au/theses/61.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

McKenzie, Christopher Lawrence. “Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform.” 2011. Web. 19 Jan 2021.

Vancouver:

McKenzie CL. Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform. [Internet] [Thesis]. Bond University; 2011. [cited 2021 Jan 19]. Available from: https://epublications.bond.edu.au/theses/61.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

McKenzie CL. Sport, the Crown & the Common Law : an Appraisal of the Common Law Offence of Public Nuisance and the Human Activity of Sport, Embodying Assessment of the Responsibilities of the Executive Branch of Government in Managing the Circumstances in which Public Nuisances are Created and Assessment of the Need for Legislative Reform. [Thesis]. Bond University; 2011. Available from: https://epublications.bond.edu.au/theses/61

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Utah

29. Vester, Adam Benny. Community property law and cohabitation rates.

Degree: PhD, Economics, 2013, University of Utah

URL: http://content.lib.utah.edu/cdm/singleitem/collection/etd3/id/2337/rec/496

► This research looks at the impact that community property law has on cohabitation rates. The risk ingrained in community property states discourages individuals from marriage… (more)

Subjects/Keywords: cohabitation; common law; community property; divorce law; Wisconsin

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Vester, A. B. (2013). Community property law and cohabitation rates. (Doctoral Dissertation). University of Utah. Retrieved from http://content.lib.utah.edu/cdm/singleitem/collection/etd3/id/2337/rec/496

Chicago Manual of Style (16^th Edition):

Vester, Adam Benny. “Community property law and cohabitation rates.” 2013. Doctoral Dissertation, University of Utah. Accessed January 19, 2021. http://content.lib.utah.edu/cdm/singleitem/collection/etd3/id/2337/rec/496.

MLA Handbook (7^th Edition):

Vester, Adam Benny. “Community property law and cohabitation rates.” 2013. Web. 19 Jan 2021.

Vancouver:

Vester AB. Community property law and cohabitation rates. [Internet] [Doctoral dissertation]. University of Utah; 2013. [cited 2021 Jan 19]. Available from: http://content.lib.utah.edu/cdm/singleitem/collection/etd3/id/2337/rec/496.

Council of Science Editors:

Vester AB. Community property law and cohabitation rates. [Doctoral Dissertation]. University of Utah; 2013. Available from: http://content.lib.utah.edu/cdm/singleitem/collection/etd3/id/2337/rec/496

University of North Texas

30. Helge, Kristyn Swen. Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation.

Degree: 2016, University of North Texas

URL: https://digital.library.unt.edu/ark:/67531/metadc849727/

► This dissertation examined how previous information literacy training, law student gender, age, and previously obtained education affects first, second, and third year law students selection… (more)

Subjects/Keywords: law students; common knowledge; citation; source selection; plagiarism; Information Science; Law

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APA (6^th Edition):

Helge, K. S. (2016). Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation. (Thesis). University of North Texas. Retrieved from https://digital.library.unt.edu/ark:/67531/metadc849727/

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Helge, Kristyn Swen. “Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation.” 2016. Thesis, University of North Texas. Accessed January 19, 2021. https://digital.library.unt.edu/ark:/67531/metadc849727/.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Helge, Kristyn Swen. “Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation.” 2016. Web. 19 Jan 2021.

Vancouver:

Helge KS. Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation. [Internet] [Thesis]. University of North Texas; 2016. [cited 2021 Jan 19]. Available from: https://digital.library.unt.edu/ark:/67531/metadc849727/.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Helge KS. Impetuses for First, Second, and Third Year Law Student Information Seeking Behavior, and Perception of Common Knowledge and Citation. [Thesis]. University of North Texas; 2016. Available from: https://digital.library.unt.edu/ark:/67531/metadc849727/

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

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Open Access Theses and Dissertations