Melbourne Law School - Research Publications

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2002 - 2009 292
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Start date: 2002 × End date: 2009 × Type: Journal Article ×

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    Rewinding Sony: An Inducement Theory of Secondary Liability
    Giblin, R (Sweet and Maxwell, 2005)
    Discusses the US Supreme Court ruling in Metro - Goldwyn - Mayer Studios Inc v. Grokster Ltd, which preserved the technology protecting rule established by its earlier decision in Sony Corp of America v. Universal City Studios Inc but failed to clarify its application to peer to peer (P2P) technologies. Reviews the operation of the Sony rule on vicarious and contributory liability in copyright cases, its application in subsequent case law, the Grokster judgment's likely impact on the Sony principles and the remaining areas of uncertainty regarding the revised test to be met by P2P companies seeking to escape secondary liability for inducement of copyright infringement. Reflects on the likely effects of the Grokster ruling for future technologies.
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    THE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA
    Waugh, J (ROYAL HISTORICAL SOC VICTORIA, 2006-11-01)
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    Contempt of Parliament in Victoria
    Waugh, J (Adelaide Law Review Association, 2005)
    The wide powers of State Parliaments to punish members and outsiders vary from State to State. Authorities on contempt of Parliament have compared the different jurisdictions, but there has been no specific study of contempt of the Victorian Parliament. Its powers are different from those of the Commonwealth, New South Wales and Tasmanian parliaments, and it has a distinctive record of little-known contempt cases. This article provides an overview of the Victorian Parliament’s powers and the way they have been used.
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    The doctrine of 'strict compliance' in the Italian legal system
    Arban, E (The University of Arizona, 2005)
    In recent years, courts all over the world have been called upon more and more often to resolve disputes involving transactions made through letters of credit. This paper analyzes the doctrine of strict compliance in letters of credit in the Italian legal system in light of some decisions issued by Italian courts over the past fifty years. It is not the intent of this paper to explain in detail the "technical" function of letters of credit, since the mechanism underlying this trade tool is already known: the buyer of merchandise asks a bank (issuing bank) to issue a letter of credit payable to the seller of the merchandise (beneficiary) upon presentation of certain documents tendered by the seller to the issuing bank. In international transactions, a separate bank often confirms the obligation at the beneficiary's place of business (confirming bank). When the required documents, complying on their face with the conditions of the credit, are tendered, the bank honors its undertaking. Due to its characteristics, the letter of credit is used for the most part among merchants residing in different countries.
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    Left Out in the Cold: Homelessness and Anti-Discrimination Law
    Hardy, T (Council of Homeless Persons, 2005)
    Anti-discrimination legislation has long been accepted as an integral part of Australian law and culture. However, the current legal framework at both Commonwealth and State levels fails to adequately protect people who are homeless, unemployed or in receipt of social security benefits. (1) This omission in the law masks the fact that discrimination against these groups is deeply ingrained and currently lawful. Not only does this seem to indicate a lack of awareness on the part of the legislature, it also seems to demonstrate ignorance of the fact that homeless people, although impoverished, possess basic human rights.
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    Developing a matrix to explore the relationship between partnering and total quality management in construction
    TANG, W ; Duffield, C ; YOUNG, D (Harbin Gongye Daxue/Harbin Institute of Technology, 2004-08-01)
    The findings of a theoretical analysis of an integrated approach for the use of Partnering and TQM are presented. A matrix approach is used to explore the extent to which Partnering may improve TQM implementation in construction. The matrix is based on 3 indexes, namely: the Degree of Partnering, the Degree of TQM and the Project Success Index and which enables the relationship between Partnering and TQM to be analyzed quantitatively. It also assists in understanding the trends of Partnering and TQM and their relationship to project performance. The results of a case study using this matrix are also presented. It is concluded that the integrated use of Partnering can facilitate improvements, and in the way TQM is implemented in construction.
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    Changing work organisation and skill requirements
    Martin, B ; Healy, J (National Institute of Labour Studies Incorporated, 2009)
    This paper brings together all the case studies of work organisation and workplace change in Australian workplaces during the past decade, using these to assess exactly what we do and do not know about such change and its effects on skill requirements.
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