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43 results

Page 1 of 3

  • Chapter 31 - Performance Today: Hearing Debussy Anew on Period Instruments

  • from Part VI - Performers, Reception, and Posterity
  • Edited by Simon Trezise, Trinity College Dublin
  • Book:
    Debussy in Context
    Published online:
    23 May 2024
    Print publication:
    23 May 2024, pp 291-298

  • Summary

    In recent decades the interest in ‘period performance’ has moved beyond the Classical and early Romantic periods to embrace early twentieth-century composers, including Debussy. Beginning in the 1990s with recordings on pianos with which he would have been familiar, the movement has extended to his works in other genres. This chapter looks briefly at some of the major developments in period recordings of the composer’s piano music, mélodies, and orchestral works. The best of these recordings show that in hearing these pieces on the instruments of his day we may gain new insights into his compositional and scoring choices as well as his own performance practice. In short, hearing performances on these instruments allows us new insights into the composer’s sound-world and also throws potential light on reasons behind some of his compositional choices in particular works.

  • A ranching economic analysis of ventenata (Ventenata dubia) control in northeast Wyoming

  • Marshall Hart, John Ritten, Brian A. Mealor
  • Journal:
    Invasive Plant Science and Management / Volume 16 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    27 February 2023, pp. 56-63
    • Article
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  • Invasive species pose a threat to the livelihoods of many people living on rangelands of the western United States. Invasive species impact many ecosystem goods and services of the areas they invade and represent one of the largest causes of habitat degradation. On private ranches, economic analyses often find that conservation practices, such as invasive species control, are not economically viable, in contrast to what is found at the landscape scale. In northeast Wyoming, ventenata [Ventenata dubia (Leers) Coss.] is a relatively new invader in the Great Plains ecoregion that threatens forage production on ranches. Our objective was to explore the economic costs of V. dubia for two options available to a ranch operation: purchasing extra hay to offset losses in forage and controlling V. dubia with herbicide. Using a partial budget analysis, we compare these two options in three invasion scenarios using a range of forage utilization rates and discount rates. Controlling V. dubia with herbicide was a cheaper option compared with purchasing additional hay in many cases. In fact, at 50% utilization, it is cheaper to control V. dubia in all of our scenarios at all discount rates given our assumptions. For lower grazing utilization rates, it becomes cheaper to purchase hay in some cases other than in our worst-case invasion scenario. In these cases, coordination among ranchers is needed to effectively control V. dubia. There are many ranch-specific differences that may make a different option more feasible, and we did not explore options of reducing herd sizes. However, our results suggest that controlling V. dubia can be an economically viable option under certain circumstances. Additional assistance in the form of a cost-share program, and facilitation of coordination is needed to overcome the difficulties of private management of invasive species.

  • Effects of Ventenata dubia removal on rangelands of northeast Wyoming

  • Marshall Hart, Brian A. Mealor
  • Journal:
    Invasive Plant Science and Management / Volume 14 / Issue 3 / September 2021
    Published online by Cambridge University Press:
    11 June 2021, pp. 156-163

  • Ventenata [Ventenata dubia (Leers) Coss.] is one of several annual grass invaders of the western United States. Ventenata dubia is documented reducing the forage availability for livestock and wildlife as well as lowering biodiversity in the Great Basin. This species has recently spread to the Great Plains, where it could bring these impacts with it. We attempt to answer questions on whether or not conservation practices, in this case removal of V. dubia with herbicide, result in recovery of forage resources and biodiversity. We answer these questions by measuring biomass, cover, and nutrient content 1-yr posttreatment at 9 sites in Sheridan County, WY, conducted in two years. Perennial grasses have higher crude protein and total digestible nutrients than V. dubia, and removal of V. dubia resulted in a positive perennial grass response both years. Further, the differences in pattern of growth between perennial and annual species, with annual grasses quickly senescing early in the year, make perennial grasses a more dependable forage base with higher available nutrients. Interestingly, total biomass and nutrient mass did not change after V. dubia removal due to equal replacement with perennial grasses. Species richness and diversity were unaffected by removal of V. dubia. Our results suggest that managing invasive annual grasses, particularly V. dubia, in the Northern Great Plains can improve forage resources for livestock and wildlife while maintaining species diversity. Therefore, proactive monitoring and management efforts to prevent spread should be prioritized in this region.

Learning Law
  • Anthony Marinac, Brian Simpson, Caroline Hart, Rhianna Chisholm, Jennifer Nielsen, Michael Brogan
  • Published online:
    05 December 2019
    Print publication:
    16 November 2017
  • Learning Law is an indispensable guide for students beginning their law studies. It provides the foundational knowledge and skills required for the study and practice of law, and also instils in students a passion and excitement for the law. This text challenges students' traditional notions of the law and encourages them to think critically. Each chapter is supported by tools for self-assessment and self-reflection: review questions to revise complex concepts; 'Alternative Voices' breakout boxes, which provide a different perspective on each topic; and case studies, which illustrate how law qualifications can be applied in various settings, from traditional law firms to government and academia. Learning Law is written in an engaging and accessible style designed to demystify the law. This text is an essential and comprehensive resource that can be carried as a practical reference throughout a student's law studies.

  • Chapter 03 - Parliaments And Courts

  • from ONE - LAW, LAWYERS AND JUSTICE
  • Anthony Marinac, Central Queensland University, Brian Simpson, University of New England, Australia, Caroline Hart, University of Southern Queensland, Rhianna Chisholm, Curtin University, Perth, Jennifer Nielsen, Southern Cross University, Australia, Michael Brogan, University of Western Sydney
  • Book:
    Learning Law
    Published online:
    05 December 2019
    Print publication:
    16 November 2017, pp 49-90

  • Summary

    Learning Objectives

    On completion of this chapter you should be able to:

  • • Understand the ideals and motivations upon which Australia has based its system of government;

  • • Understand the existence and creation of the most important legal document in Australia – the Constitution – that is the basis of all our laws and institutions;

  • • Gain an overview of how the institutions of Parliament and the courts are structured, and how they relate to each other in their roles of making laws and judging laws;

  • • Discuss the roles and responsibilities of the people who put laws into effect;

  • • Gain an overview of the federal, state and territory court hierarchies.

    • INTRODUCTION

    Why is Australia able to deal with social unrest, and not decline into a society where chaos, violence and deep corruption are constant? This chapter is about why and how Australia is a country where there is order, security and safety. Beneath our relatively peaceful lives in Australia, there exist key elements that create that ‘peacefulness’. Australia's institutions – Parliaments and courts – provide a way for people to voice unhappiness and dissatisfaction; to improve laws, and to provide a mechanism to independently judge the laws.

    It's not enough to have the institutions of a ‘parliament’ or ‘courts’, if they are not reviewed, questioned, scrutinised and criticised. Everyone in Australia has a role to play in making sure these institutions are fulfi lling the responsibilities they were set up to carry out. For lawyers, this is an especially important role. And as lawyers in training, this will become part of your role.

    In this chapter, we are going to look at the institutions of the courts and Parliaments, that form the basis of the Australian legal system. Institutions are based on theories or ideals about how best to deal with protecting rights, dealing with conflicts, and managing how we move into new situations.

    This chapter is all about the institutions of parliament and the courts that are based on ‘ideals’. Institutions are housed in physical structures (they are also accessible online) and they function because people carry out various roles and responsibilities. Institutions are not stagnant but very much alive and responsive to forces upon them including changing social values, economic development and advances in technologies.

  • Chapter 04 - Categories Of Law

  • from TWO - LEARNING THE LAWS
  • Anthony Marinac, Central Queensland University, Brian Simpson, University of New England, Australia, Caroline Hart, University of Southern Queensland, Rhianna Chisholm, Curtin University, Perth, Jennifer Nielsen, Southern Cross University, Australia, Michael Brogan, University of Western Sydney
  • Book:
    Learning Law
    Published online:
    05 December 2019
    Print publication:
    16 November 2017, pp 93-107

  • Summary

    Learning Objectives

    On completion of this chapter you should be able to:

  • • Identify the Constitution as the fundamental law in a jurisdiction, with specifi c attention to the Australian Constitution's role in the Commonwealth jurisdiction;

  • • Differentiate between statute, common law and equity, and explain their hierarchy;

  • • Identify the role of the court in the interpretation of statutes;

  • • Identify the criminal law by its special procedures and by its exposing the defendant to criminal punishments;

  • • Differentiate between private law and public law, and give examples of each; and

  • • Identify international law as a further, quite distinct type of law with its own characteristics.

    • INTRODUCTION

    Have you noticed how people refer to ‘the law’ as though it is a single thing?

    People say things like ‘I try to obey the law’ and ‘the law is on my side’ and ‘possession is nine-tenths of the law’. You could be forgiven for thinking of some monolithic beast called the law, rampaging around the countryside demanding obedience!

    In reality there are a range of types of law, and it is important to understand what these types of law are, and how they are made. Doing so allows you to understand the principles underlying each category of law, and makes the whole learning process more approachable. Without an understanding of the general categories of law, you will be left learning bits and pieces of law without any sense of how they all fi t together.

    In this chapter, we begin by looking at the sources of law (the Constitution, the Parliament, and judge-made law) and arranging them into a hierarchy in order to determine which of them takes precedence over the others.

    We then examine four broad categories of law: criminal law, private law, public law, and international law. All the subjects which you will study for the rest of your degree are very likely to fall into one of those four categories. By starting out with a general understanding of what those categories are and how they work, you will have a general sense of the landscape in which the law lives.

  • Chapter 02 - History And Justice

  • from ONE - LAW, LAWYERS AND JUSTICE
  • Anthony Marinac, Central Queensland University, Brian Simpson, University of New England, Australia, Caroline Hart, University of Southern Queensland, Rhianna Chisholm, Curtin University, Perth, Jennifer Nielsen, Southern Cross University, Australia, Michael Brogan, University of Western Sydney
  • Book:
    Learning Law
    Published online:
    05 December 2019
    Print publication:
    16 November 2017, pp 21-48

  • Summary

    Learning Objectives

    On completion of this chapter you should be able to:

  • • Understand in general terms the historical developments which led to the creation of the common law;

  • • Identify the commencement of parliamentary and legal institutions in the period between the Magna Carta(1215) and the Glorious Revolution (1688);

  • • Understand the manner in which English law became the basis of the law in Australia;

  • • Identify the process by which Australian law became independent;

  • • Distinguish between (and discuss) the natural law, positivist and integrity of law approaches to understanding the law;

  • • Discuss the feminist and critical legal scholarly challenge to our understanding of law.

    • INTRODUCTION

    Have you ever heard of a ‘chain novel’?

    A chain novel is written by two or more authors. The first author writes a few hundred words, then passes it on to the next author, who picks up the story, and then passes it on to another author, and so on. Each author tries their best to develop a coherent story, based on everything that has gone before, while adding their own changes and developments in the most recent chapter. It's a lot of fun.

    A legal philosopher named Ronald Dworkin once described the common law as being a chain novel. Parliaments and courts, generation after generation, can add their own pages to the end of the novel, but the story itself began nearly 1500 years ago and many of the basic concepts of the story are now set in stone.

    As students of the law, we will spend most of our degrees studying contemporary law – the way the law is today. The problem is that this means we are reading the novel backwards! We are reading the current chapters – and these are not even the fi nal chapters, because the story continues witheach passing year. How on earth are we to make sense of the current chapters, if we have no idea how the story began?

    Beyond this, the law lives with its history much more than other professions. To take one example, when you study contract law, you will learn about Pinnel's Case, which was handed down in 1602 – but which is still important to know.

  • Chapter 13 - Influencing The Law

  • from FOUR - PROFESSION AND COMMUNITY
  • Anthony Marinac, Central Queensland University, Brian Simpson, University of New England, Australia, Caroline Hart, University of Southern Queensland, Rhianna Chisholm, Curtin University, Perth, Jennifer Nielsen, Southern Cross University, Australia, Michael Brogan, University of Western Sydney
  • Book:
    Learning Law
    Published online:
    05 December 2019
    Print publication:
    16 November 2017, pp 303-317

  • Summary

    Learning Objectives

    On completion of this chapter, you should be able to:

  • • Understand the diverse range of roles filled by lawyers in Australia;

  • • Understand the history of law reform in Australia;

  • • Identify the various ways in which lawyers can influence the law;

  • • Analyse the complexity of the lawyer's role in influencing the law.

    • INTRODUCTION

    When you entered law school, you probably assumed that most of your time would be spent learning a lot of rules and reading a lot of cases. While that is a big part of what is necessary to become a lawyer, in this chapter you will be thinking about your future role as lawyers who participate in changing the law. At the outset, it is important to recognise that law reform can be a double-edged sword. Law reformers can try to change the law to achieve things which are basically helpful for people's lives, or they can agitate for changes that might act in a few people's interests while hurting a lot of people. Changing the law also often gets wrapped up in discussions of ‘justice’ or ‘freedoms’ and they are sometimes diffi cult terms to defi ne and can mean different things to different people. Sometimes you will hear people say that ‘law has nothing to do with justice’, but this is because those people tend to see the law as a set of rigid rules. For law reformers, they would say ‘law should have everything to do with justice.’ But then, what do they mean by ‘justice’?

    You may think that Australia has a fair legal system that does not need many changes. But even in the fairest system there is a need to change the law just to keep up with social change, new technologies and shifts in the economy. Of course, precisely which changes are needed in the law often sparks controversy and public debate. For example, Australia has a good reputation for respecting human rights and our laws broadly reflect this. Yet you will have heard about how Australia's immigration laws send people who attempt to enter Australia by boat to detention centres even when they claim to be refugees. Australia has been criticised for this internationally and many groups within Australia would like to see those laws changed to provide fairer and more just treatment of such people.

  • Chapter 01 - Welcome To The Law

  • from ONE - LAW, LAWYERS AND JUSTICE
  • Anthony Marinac, Central Queensland University, Brian Simpson, University of New England, Australia, Caroline Hart, University of Southern Queensland, Rhianna Chisholm, Curtin University, Perth, Jennifer Nielsen, Southern Cross University, Australia, Michael Brogan, University of Western Sydney
  • Book:
    Learning Law
    Published online:
    05 December 2019
    Print publication:
    16 November 2017, pp 3-20

  • Summary

    INTRODUCTION

    Every single lawyer you have ever seen, or heard of, or read about, once sat right where you are sitting now. Every single one of them sat down, for the very first time, pulled open their very first law textbook, took a deep breath, and began to learn.

  • • Michael Kirby did, on his way to becoming a High Court judge who taught us that morality and dignity still belonged in the law;

  • • Julia Gillard did, on her way to becoming Australia's first female Prime Minister in 2010;

  • • Ronald Dworkin, did, on his way to becoming a Professor at both Oxford and New York University (simultaneously!), and teaching us new ways to think about the law itself;

  • • Quentin Bryce did, on her way to becoming Sex Discrimination Commissioner, Governor of Queensland, Governor-General of Australia and then undertaking a signifi cant inquiry into the protection of women from domestic violence;

  • • Alfred, Lord Denning did, although he soon put his books aside to serve in World War I, before returning to become one of the greatest judges in history;

  • • Susan Kiefel did, on her way to becoming universally acclaimed as Australia's first female Chief Justice;

  • • Samuel Griffi th did, on his way to becoming Attorney-General of Queensland, Premier of Queensland, Chief Justice of Australia, and one of the principal authors of our Constitution;

  • • Pat O'Shane did, on her way to becoming Australia's first Aboriginal Magistrate.

    • And now it is your turn.

    Some of you may write your name alongside those above. Many of you will have no such aspirations, but will serve your communities in dozens of other ways. Because of you, separating families will do their best to resolve their aff airs. Because of you, families will buy their homes in smoothly conveyed sales. Because of you, the innocent will be defended and the guilty sentenced in a way that is just. Because of you, businesses will be safely formed and conducted, laws will be properly written, consumers will be protected, the environment will be supported, and rights will be maintained. Because thatis what it means to be a lawyer.

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