5 10 441 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Holmes, Jacob Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article analyses the Australian National Basketball League’s ‘Player Points System’ to ascertain the real impact of the system on the sport, clubs and athletes. It argues that the system works against the best interests of the sport and is an unreasonable restraint on the trade of the athletes. Ultimately, this article calls for the Player Points System to be abandoned and replaced by a more effective system such as the Restricted Free Agency labour market restraint model that is used in the Australian Football League and American National Basketball Association. It concludes that this system could more adequately promote the best interests of the National Basketball League and the players without constituting an unreasonable restraint of trade. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1248 10.21913/USLRunisaslr.v1i0.1248 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1248/809 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource PROFESSIONAL SPORT AND MARKET RESTRICTIONS: IS THE PLAYER POINTS SYSTEM IN THE AUSTRALIAN NATIONAL BASKETBALL LEAGUE AN UNFAIR RESTRAINT OF TRADE? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Moulds, Jordan Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource Sadomasochism has traditionally been categorised as a deviant sexual desire, painted with the same brush of immorality that was applied to homosexuality and transvestism for decades. It has been denounced, not only by society, but also by the medical profession and the judiciary. In R v Brown, the House of Lords highlighted society’s revulsion for such practices and refused, as an issue of public policy, to allow consent to be raised as a defence by those who engage in such activities. In the 22 years since the decision, however, the weight placed on the protection of our bodily autonomy and freedom of sexual expression has significantly increased. The applicability of R v Brown in light of these changes is yet to be considered in Australia with any binding authority. This article seeks to provide readers with an insight into the likely outcome of an attempt to prosecute those who, in 2015, engage in sadomasochism. Ultimately, this article concludes that as a result of s 22 of the Criminal Law Consolidation Act 1935 (SA), construed in light of the increased value placed on protecting bodily autonomy, sexual self-determination and the preservation of privacy, a South Australian court, and to a lesser extent, all Australian courts, would recognise the consent of those who sustain harm in the pursuit of pain-induced pleasure. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1247 10.21913/USLRunisaslr.v1i0.1247 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1247/807 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource IS SOCIETY STILL SHACKLED WITH THE CHAINS OF A 1993 ENGLAND?: CONSENT, SADO-MASOCHISM AND R V BROWN Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Spyrou, Peta Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource Cyberbullying is a form of covert bullying that affects the lives of young people and adults alike. Empirical evidence suggesting that the effects of cyberbullying may lead to protracted mental harm highlights the need for schools to take a proactive stance against this form of bullying. This article looks specifically at the effectiveness of the anti-bullying policies implemented by South Australian school authorities in order to comply with their legal duty of care in negligence. Part I introduces the topic of cyberbullying, while Part II explains a school’s legal liability for instances of cyberbullying and identifies the requisite need for anti-bullying polices. In addition, Part III highlights the need for a multifaceted approach to reduce the occurrence of cyberbullying that recognises the important roles played by parents and student bystanders. This section concludes by providing specific recommendations on how anti-bullying policies should be implemented. The article argues that while school authorities may bear legal liability for instances of cyberbullying, schools cannot effectively implement anti-bullying policies without forming a partnership with the whole school community. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1246 10.21913/USLRunisaslr.v1i0.1246 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1246/806 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource CIVIL LIABILITY FOR NEGLIGENCE: AN ANALYSIS OF CYBERBULLYING POLICIES IN SOUTH AUSTRALIAN SCHOOLS Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Brand, Seamus PJ Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource The Australian live animal export trade has long been under scrutiny due to repeated public outcries over the animal welfare abuses that are seemingly intrinsic to the trade. This article examines the regulatory regimes of Australia’s international competitors and asks whether Australian authorities should adopt their solutions to the problem of protecting the welfare of animals who are exported live to other nations. The article begins by providing an overview of the current Australian regulatory framework in Part II. Parts III and IV discuss the approaches taken by two of Australia’s international competitors in the animal export trade, New Zealand and Brazil. Part V examines the merits of a proposed international treaty governing animal welfare worldwide and asks whether such an umbrella treaty can create a more focused global standard for both live animal export and import nations. It concludes that Australia must follow the lead of Brazil and New Zealand by crafting a new regime that protects the welfare of export animals, while simultaneously sponsoring the creation of a multilateral animal welfare treaty. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://ojs.unisa.edu.au/index.php/uslr/article/view/1244 10.21913/USLRunisaslr.v1i0.1244 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1244/803 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource AUSTRALIAN LIVE ANIMAL EXPORT: A COMPARATIVE EXAMINATION OF VIABLE ALTERNATIVES Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Sreejith, S.G. Srinivasan, Lakshmi Irani, Vistasp Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource “International Air Law” has been justifiably arrested in a straight-jacketed approach centred on the classical doctrines of state sovereignty and sources, which is in addition to a limiting classicism in IAL’s discourses, methods, and meanings. This Article problematizes the said classicism on account of it distancing, and often dissociating, IAL from the global realities in civil aviation. It proposes an alternative approach to read IAL including rechristening it as “International Aviation Law,”, a new epistemological and disciplinary category, which has a modernist approach, and which stays close to the reality of functions in civil aviation. In making a case for IAvL, the Article primarily draws on many renewalist and radical thinking in international law and elsewhere mindful of the prevailing global and economic realities. Motivated by the same, the Article lets orthodoxies to fall for making ground for an epistemological revolution in the regulation of civil aviation. The Article organizes its critique and construction under four major heads: Sovereignty, Sources, Subjects, and Meanings.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27369 10.18060/27369 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27369/24992 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 169-190 2169-3226 Title A name given to the resource The Philosophy of International Aviation Law Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Reich, Arie Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource       Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27368 10.18060/27368 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27368/24991 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 129-168 2169-3226 Title A name given to the resource Should Forum Selection Clauses in International Websites be Enforced? -- A Proposed New Model Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lin, Mao-Hong Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource Taiwan follows its East Asian counterparts to establish a system of lay participation in criminal trials, which is called citizen judges and took effect in January 2023. But Taiwan will soon face similar conundrums, like Japan and South Korea have encountered, about whether to allow professional judges to review and even reverse decisions made by citizen judges. In a mock case, the Taiwan High Court and Taiwan’s Supreme Court both attempted to address the conflict from a perspective of American law, but more controversies have emerged than been solved. This Article follows the route of the two courts and deals with those unsettled controversies in four aspects: legal errors, factual errors, sentencing errors, and the mixed questions of law and fact. This Article advises appellate courts to: (1) employ principles like preservation of claims, plain errors, and harmless errors when reviewing legal errors de novo, (2) incorporate the substantial evidence review with the existing law into a two-step test, through which the appellate review of factual errors may work better, (3) interpret the standard of exceeding unreasonableness in an abuse-of-discretion way when investigating errors in sentencing, and (4) replace the de novo standard with a spectrum approach when reviewing the errors of impropriety, namely the mixed question of law and fact in Taiwan’s context. Through these adjustments in the appellate review process, the new system of citizen judges will better serve to enhance the public knowledge of and confidence in criminal trials as the new system has been entailed.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27367 10.18060/27367 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27367/24990 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 93-127 2169-3226 Title A name given to the resource Trial and Error: A Comparative Perspective on the Lay Participation in Criminal Trials and Appellate Review of Errors in Taiwan Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Kim, Kun Chol Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource Resolving tax treaty disputes and improving dispute resolution mechanisms for tax treaty disputes have been important topics for international tax for decades, but it has not been an easy journey for the international tax community including policymakers, international bodies, and academics to come up with a clear solution. Similar to other global policies that require a multilateralagreement, a multilateral approach to a global tax policy cannot be easy as relations among the states with different backgrounds need to be coordinated and it involves critical issues relevant to national interests such as tax sovereignty, revenue, conflicts with domestic laws, and financial resources. That being said, the current global approach to resolve unsuccessful Mutual Agreement Procedure (“MAP”) cases of a tax treaty seems fairly straightforward under both the Organization for Economic Co-operation and Development and the United Nations’ Model Tax Conventions as both simply suggest arbitration to step in to render a final decision for the unsuccessful MAP cases. However, due to the factors mentioned earlier, the vast majority of the bilateral tax treaties do notcontain the arbitration clause, and it seems quite clear that an approach needs to be made from both within and outside the boundaries of international tax, tackling sub-issue by sub-issue, in order to improve dispute resolution mechanism for tax treaty disputes. This Article aims to highlight the importance of having the arbitration clause in a tax treaty, and focusing on the financial aspects of tax treaty arbitration, examines whether third-party funding (“TPF”), which has become more mainstream in traditional international arbitration proceedings, could be utilized in tax treaty arbitration to remove certain financial barriers as in other traditional arbitration proceedings by analyzing (i) any legal barriers, (ii) benefits from a justice perspective, and (iii) investment merit from a funder perspective. For the analysis, the Article specifically discusses (a) the current issues and the status quo of the MAP and tax treaty arbitration, (b) how TPF has been utilized in international arbitration and helping parties without orinsufficient financial resources, (c) differences and similarities between tax treaty arbitration and other types of international arbitration i.e., international commercial arbitration, investor-state arbitration, and state-state arbitration, and (d) TPF from both the taxpayer claimant and the funder perspective.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27366 10.18060/27366 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27366/24989 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 39-91 2169-3226 Title A name given to the resource Justice, Third-Party Funding, and Tax Treaty Arbitration Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Emmert, Frank Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource       Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27365 10.18060/27365 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27365/24988 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 1-37 2169-3226 Title A name given to the resource The Long Arm of the SEC in the Regulation of Digital Currencies Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Tian, George Date A point or period of time associated with an event in the lifecycle of the resource 2022-12-05 Description An account of the resource Over the past four decades, Intellectual Property (IP) has been one of the main controversies of US-China trade relations. But the current US-China trade war contains a new focus – technology transfer. This article adopts a socio-legal and economic approach to examine the current technology and trade tensions between these two countries and why China became an Information Technology (IT) powerhouse. It first provides an overview of IP and technology transfer rules under the Phase One US-China Economic and Trade Agreement (POA). It then explores different forms of forced technology transfer activities and the in-depth reasons for the US to shift its main IP concerns from IP enforcement to technology transfer. It explains why the US and China trade war is inevitable, why the current US-China IP-trade war is significantly different from previous ones, and the economic and political reasons behind the global technology leadership competition by the two countries. Finally, the author concludes that the POA and its technology transfer rules are not the ends of the game but just the start of the global technology leadership competition between the US and China. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26852 10.18060/26852 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26852/24601 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 4 (2022); 531-561 2169-3226 Title A name given to the resource The Political Economy of Technology Transfer Rules of the US-China Phase One Trade Agreement: Competition of Global Technology Leadership Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion