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Forensic aspects of aboriginal skeletal remains in Australia

The assessment of Aboriginal skeletal remains and their distinction from whites is an area of major importance to the Australian forensic pathologist. The Aborigines, the indigenous people of Australia, are a distinct racial group with many characteristic anthropological features. The assessment of race is best made from an examination of cranial traits, 20 which are of value. A characteristic pattern of attrition of the teeth provides a method for establishing a skeleton as pre-European contact Aboriginal or postcontact tribal Aboriginal. The limb proportions of Aborigines differ significantly from other races and provide a useful adjunct to other racial discriminants. Quantifiable sex discriminants in the Aboriginal pelvis and femur differ in their ranges of values from other races. The humerus and shoulder girdle are of no value in making a racial distinction and are of limited value in sexing Aboriginal skeletons. Some pathological changes seen in Aboriginal skeletons are of value in corroborating race. These pathological changes include evulsion of incisor teeth, healed "parry fractures" of the ulnae, tibial squatting facets, treponemal changes, and auditory exostoses. The place and manner of burial together with related artefacts, features, and ecofacts may also provide corroboration.     

Auction fakes: how to avoid criminal responsibility for selling counterfeit goods in Poland

This judgment clearly confirms that the resolution of PolishSupreme Court (I KZP 13/05) of 24 May 2005 interpreting theterm ‘introduction to market’, as provided in Article305(1) of the Act of 30 June 2000 on Industrial Property Law(Dziennik Ustaw z 2003 r. No 119, pos. 1117, as amended), isa major obstacle to the proper protection of trade mark holdersin Poland.     

美国证券欺诈赔偿检诉制度对我国的启示

美国的证券欺诈赔偿检诉制度是由检察官提起私诉的做法,这种私诉形式具有强化市场公开竞争、恢复公平交易秩序,促进社会财富实现最大化的价值.从法律经济学的角度看,检察官提起证券欺诈赔偿诉讼可以最大限度节省管理诉讼和弥补错误疏漏的成本,并且在社会收益和诉讼效率方面都有所提升,能够最大限度恢复交易秩序、促进社会财富的再分配.反观我国的证券欺诈赔偿民事诉讼,在诉讼成本控制、社会收益获取、诉讼效率提升以及法律供需均衡方面都有待提高.为此,借鉴美国的证券欺诈赔偿检诉制度,探索我国的检察机关提起证券欺诈公益诉讼,是解决证券欺诈赔偿纠纷的一条新路.     

Social and legal alienation: The case of aboriginal peoples in Canada

The concept ‘alienation’ has become a relatively common expression in contemporary society, the usage of which often belies the varied meanings it has had historically and in contemporary literature. Using the sociology of knowledge, an historical analysis of the use of ‘alienation’ in law, the social sciences, and religion reveals a rich and varied tradition. ‘Alienation’ arose with a positive religious meaning and subsequently became a cornerstone for the new property rights of an emerging capitalist economic order. In this new industrial order, social critics gave a negative meaning to ‘alienation’ that became the basis for the social scientific concept. The legal freedom to alienate property has arguably led to the marginalization of certain segments of society. A specific example of this process can be found in the struggles of Aboriginal peoples against their colonizers. Through the process of legal alienation, Aboriginal peoples lost not only their land, but their culture and self-worth. In recent years, Aboriginal peoples have attempted to reduce their social alienation through a variety of de-alienation strategies, including social, political, and legal struggles. One tactic has been land claim litigation. Therefore, through efforts to obtain legal alienation of land, Aboriginal peoples strive to reduce their social alienation and oppression.     

Complaint reduction in Australian federal policing in the Australian Capital Territory

Across fifteen years to 2015–2016 the rate of public complaints against police in the Australian Capital Territory fell by an extraordinary 79%. This was a much larger and longer-term reduction in complaints than occurred anywhere else in Australia, and it is very unusual in the international policing literature. The paper attempts to examine the nature of this change in greater detail, and possible factors that may have influenced the change. Unlike some other studies, however, there was limited evidence of specific point-in-time innovations that may have affected the trend. Nonetheless, it is likely that a range of reforms in policing influenced the change, with possible lessons for other departments struggling with significant complaint problems. The main reforms included improved custody procedures, greater attention to ethics in recruitment and training, a complaints system focused on managing officer behaviour, enlarged external oversight, and more attention to de-escalation skills in use-of-force training.     

The art of law (and the law of art) is perpetual crisis

In this performance-based work, which essentially concerns the fable of ‘Khi + Ordo’, we obliquely—through visual-textual storytelling—focus on what we call ‘the agency of the artist-scholar’, deconstructing, inter alia, many of the rules and regulations associated with the art-academic industrial complex—i.e., the institutional dictates to produce commodifiable works, the enforced metrics associated with authorised forms of research and publication, and the often-inelegant and mostly unnecessary dance that the artist-scholar performs with ‘all of that’. The photo-essay is developed from the archive of the Out of India Collective (OOI), but in association with the Metropolitan Transmedia Authority (MTA), its successor collective. It draws upon documents associated with OOI experiments in transmedia undertaken across multiple submissions for residencies, exhibitions, and publications in both academia and the art world in the years 2017–2019, even as it focuses upon the fable of ‘Khi + Ordo’. ‘Ordo’ is a synonym (or metaphor) for totalitarian states and regimes—‘regimes’ being, in this case, those that rule art + law. ‘Law’ here infers, through its negation, the appearance of a higher law, one that is entered upon when one resists assimilation to the rules and regulations associated with police states—incipient or otherwise. We call that other law ‘works-based agency’, and the artist-scholar is beholden to it once s/he departs company with all such quotidian systems of abject hegemony. One crisis leads to another, so to speak, on multiple levels and all at once.

     

Trace element fingerprinting of Australian ocher using laser ablation inductively coupled plasma-mass spectrometry (LA-ICP-MS) for the provenance establishment and authentication of indigenous art

The expansion of indigenous art and the interest it has generated both at a domestic and international level means large monetary transactions are taking place between art galleries or centers and purchasers. As such, an accurate and conclusive method for provenance determination of traditional indigenous artistic materials must be established that can, if necessary, be used to assist in authentication of artworks. Laser ablation inductively coupled plasma mass spectrometry was utilized for elemental differentiation and provenance establishment of ocher samples. This research was used to develop a robust scientific protocol which facilitates definitive and accurate determination of provenance of Australian ochers and the artworks created using them. Analysis of the results obtained through this study show that the trace metal distribution patterns alone appear to be sufficient evidence to establish provenance of specific ochers, although additional differentiation between ocher samples, using major element distribution patterns, was achieved through the utilization of X-ray analytical techniques.     

Is there a role for the application of customary law in addressing aboriginal criminality in Australia

In the past decade, there has been no shortage of empirical evidence that supports the poor health, education, and employment prospects for Aboriginal Australians. Moreover, Aboriginal people are far more likely than non-Aboriginal people to be drawn to the attention of police and taken into custody. Their presence in the criminal courts is disproportionately high and they are vastly over-represented in prison. Commission after commission and study after study have concluded that Indigenous Australians are at vastly greater risk of threat to life, victimization, and health than non-Indigenous Australians. This essay argues that there are grounds for greater recognition of Aboriginal customary law as a means of addressing the malaise. It reviews the political and legal climate in which such responses to Aboriginal criminality are currently being addressed. Presented at the Academy of Criminal Justice Sciences Conference, Louisville, Kentucky, 13 March 1997. The author acknowledges the help of Paul Martin, legal practice librarian, University of South Australia and the resources of Graceland College.     

Co-determination and the market economy

In this article attention is paid to Böhm's ideas on codetermination and on the related subject of public industrial organization. According to Böhm the government has to take care of the institutional framework of the market economy. The coordinating function of prices has to be improved by competition policy and by monetary and financial policy. Public industrial organization and codetermination based on the parity principle are thought by him to be incompatible with the market economy because they frustrate price formation.     

Innovation in the Australian legal profession

Over the next decades, advances in technology and new business practices will challenge a traditionally conservative legal profession. With a focus on the Australian legal profession, this article explores the nature of the challenges and, in particular, considers whether the challenges pose a threat of disruptive innovation. The article aims to add to understanding of how Australian law firms are responding to the challenges by drawing on empirical data that examines the drivers and inhibitors of innovation in Australian law firms, the areas where Australian legal firms are innovating, and the outcomes of their innovation. The article concludes that there is limited evidence of incumbent displacement and that, gradually, the profession is rising to the challenges.     

The art of the unsettlement

The best litigation lawyer, it is often said, is not the onewhose rapier-like wit demolishes the foe in court but the onewho knows how to negotiate. Having demonstrated that your clienthas the upper hand, why grind remorselessly through the mechanismsof the court when you can press your advantage home by sellingthe losing party a settlement agreement? There is so much to be said in favour of settlement. The losing     

Conferencing in aboriginal communities in Canada: Finding middle ground in criminal justice?

This essay was written while the author was a Visiting Fellow, Law Program, Research School of Social Science, Australian National University, Canberra, Australia. The outline for this essay was first presented at a seminar convened jointly by the Law Program and the Centre for Aboriginal Economic Policy Research, Australian National University, March 22, 1995.