scholarly journals Hidden depths: diversity, difference and the High Court of Australia

Author(s):  
Rachel Cahill-O'Callaghan ◽  
Heather Roberts

Abstract There is a growing international emphasis on the importance of diversity in the judiciary and the impact of the individual in decision-making. However, it can be a challenge to gain insight into the individuals who sit on the bench. For instance, there is limited official information about the individuals who sit on the High Court of Australia. One of the rare glimpses provided by the justices themselves is their judicial swearing-in speech. Drawing on a case-study of the swearing-in speeches of High Court justices sitting between 2008 and 2016, this paper illustrates how these speeches can illuminate key demographic information about the judiciary, as well as facets of the individual rarely explored in studies of judicial diversity: personality and values. This study demonstrates how swearing-in speeches can assist with filling information gaps about judicial diversity, and so extend debates about judicial selection.

Author(s):  
William Donges

The impact of juvenile delinquency on society is an issue of great concern. The impact of delinquent behaviors goes beyond the victim to include the offender, the offender’s family and society as a whole. A review of the existing literature reveals multiple studies, which examine delinquency from a causal perspective. Despite the efforts of researchers a definitive causal link is not readily determined. Ethical concerns centering around a quantitative study on delinquency precludes the discovery of such a causal link. Utilizing a qualitative study approach we may not be able to identify causal relationships; however, this approach provides clear insight into the lived experiences of the individuals being studied and in turn offers us the possibility of understanding what these experiences were and how they possibly impacted the individual. It is through this understanding of the lived experiences that we gain insight. This insight will, hopefully, facilitate the prediction of and the mediation of anti-social juvenile behavior.


Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4100
Author(s):  
Mariana Huskinson ◽  
Antonio Galiano-Garrigós ◽  
Ángel Benigno González-Avilés ◽  
M. Isabel Pérez-Millán

Improving the energy performance of existing buildings is one of the main strategies defined by the European Union to reduce global energy costs. Amongst the actions to be carried out in buildings to achieve this objective is working with passive measures adapted to each type of climate. To assist designers in the process of finding appropriate solutions for each building and location, different tools have been developed and since the implementation of building information modeling (BIM), it has been possible to perform an analysis of a building’s life cycle from an energy perspective and other types of analysis such as a comfort analysis. In the case of Spain, the first BIM environment tool has been implemented that deals with the global analysis of a building’s behavior and serves as an alternative to previous methods characterized by their lack of both flexibility and information offered to designers. This paper evaluates and compares the official Spanish energy performance evaluation tool (Cypetherm) released in 2018 using a case study involving the installation of sunlight control devices as part of a building refurbishment. It is intended to determine how databases and simplifications affect the designer’s decision-making. Additionally, the yielded energy results are complemented by a comfort analysis to explore the impact of these improvements from a users’ wellbeing viewpoint. At the end of the process the yielded results still confirm that the simulation remains far from reality and that simulation tools can indeed influence the decision-making process.


2005 ◽  
Vol 37 (5) ◽  
pp. 895-907 ◽  
Author(s):  
Ari Goelman

My research explores the question: how can theorists better understand the ways in which planning technologies are used by municipal planners? In the case-study municipality, a recently introduced web-GIS technology had little demonstrable success in attaining two of its stated goals: enabling increased public access to municipal geographic information and encouraging planners to produce their own maps. My research links these outcomes not only to the technologies themselves, but to organizational structure and human agency. Planners and planning theorists can gain additional insight into the impact of planning technologies through closer attention to the process through which planners come to use information technologies and the way this process both alters and is constrained by existing organizational constraints, including previously adopted technologies.


2006 ◽  
Vol 22 (2) ◽  
pp. 161-168 ◽  
Author(s):  
Florence Bodeau-Livinec ◽  
Emmanuelle Simon ◽  
Catherine Montagnier-Petrissans ◽  
Marie-Eve Joël ◽  
Elisabeth Féry-Lemonnier

Objectives: The objective of this study is to assess the impact of CEDIT (French Committee for the Assessment and Dissemination of Technological Innovations) recommendations on the introduction of technological innovations within the AP-HP (Assistance Publique–Hôpitaux de Paris), the French hospital network to which this body is attached.Methods: In 2002, a study based on semidirective interviews of fourteen people affected by these recommendations and a case study relating to thirteen recommendations issued between 1995 and 1998 were conducted.Results: The CEDIT is very scientifically reputable among interviewees. There is generally widespread interest for the recommendations. They are used as decision-making tools by administrative staff and as negotiating instruments by doctors in their dealings with management. Based on the case study, ten of thirteen recommendations had an impact on the introduction of the technology in health establishments. One recommendation appears not to have had an impact. Furthermore, the impact of two technologies was impossible to assess.Conclusions: This study highlights the significant impact of recommendations arising from a structure that is attached to a hospital network and the good match between CEDIT's objectives and its assignments.


2015 ◽  
Vol 28 (4) ◽  
Author(s):  
Martine J.H. Coun ◽  
Cees J. Gelderman ◽  
José Pérez-Arendsen

Shared leadership and proactivity in the New Ways of Working Shared leadership and proactivity in the New Ways of Working Increasingly, employees are experiencing so-called New Ways of Working (NWW), facilitated by advanced ICT. They must deal with more autonomy and responsibilities in combination with flexibility in time and location of work. It has been argued that NWW combine well with novel leadership styles, such as shared leadership, although this relationship has not been studied before. Similarly, the expected consequences of NWW on proactivity of employees and teams requires academic investigation. This paper reports on a study on the impact of NWW implementation on shared leadership and the proactivity within SNS REAAL (a large banking and insurance company in the Netherlands). The case study is particularly interesting since NWW employees (N = 51) are compared with non-NWW employees (N = 77). The results confirm that NWW have a positive, significant relationship with team proactivity behaviour. In addition, the implementation of NWW can have an indirect impact on the individual proactivity of employees, which is only effective if team proactivity is promoted. Merely implementing NWW will not result in shared leadership. The findings suggest that NWW characteristics, such as an open feedback culture, more autonomy, and internal entrepreneurship, are most effective in the pursuit of proactivity and shared leadership.


Prologia ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 128
Author(s):  
Johanna Ruthllianie ◽  
Diah Ayu Candraningrum

This research attempts to adopt the individual motivation behind the decision in purchasing an idol merchandise. In addition the resources focused on the concept of consumer motivation and the consumer decision making process. The concept of motivation includes sources of motivation, divided into motivational intrinsic and motivation extrinsic. While the consumer decision-making process is divided into five steps which are recognized the need, looking for information, evaluation of decision, buying decision, and the consumer behavior after purchasing. The researcher uses a case study of the shirt Uniqlo X BT21 with qualitative method. The results of the research which is the consumer motivation lead to purchasing a Uniqlo X BT21 shirt. Parasocial interaction in fact can influence consumers to purchase merchandise. The more closely the relation between society can lead to higher motivation to purchase the needs. The collaboration between Uniqlo and BTS succeeds in attracting the fans. The results of collaboration between brand and public figures now is a strategy for creating promotional products. Entrepreneurs, who also use this strategy need to see the opportunity by using this phenomenon. Penelitian ini mengangkat tentang motivasi individu dalam keputusan pembelian merchandise idola. Konsep yang digunakan yaitu motivasi dan keputusan pembelian. Konsep motivasi meliputi sumber motivasi, yaitu melalui motivasi intrinsik dan motivasi ekstrinsik. Sedangkan untuk keputusan pembelian melalui lima tahapan yaitu, mengenali kebutuhan, pencarian informasi, evaluasi alternatif, keputusan pembelian dan perilaku pasca pembelian. Penelitian ini menggunakan studi kasus terhadap kaos Uniqlo X BT21 dengan metodologi kualitatif. Hasil penelitian ini yaitu motivasi yang menyebabkan pembelian kaos Uniqlo X BT21. Interaksi parasosial terbukti mampu untuk mempengaruhi pembelian merchandise. Semakin lekat sebuah hubungan parasosial, maka akan semakin tinggi motivasi minat beli. Kolaborasi yang diadakan Uniqlo dengan BTS dapat dikatakan berhasil menarik minat penggemar. Sehingga kolaborasi merek dan public figure kini merupakan sebuah strategi yang dapat dilakukan untuk mempromosikan produk. Pebisnis perlu melihat peluang yang hadir dalam fenomena tersebut.


Author(s):  
Brahim Jabir ◽  
Noureddine Falih ◽  
Khalid Rahmani

<p>In the socio-economic world, the human resources are in the most top phase of the enterprise evolution. This evolution began when the arithmetic, statistics are applicable over a vast of opportunities and used to identify problems and support decision. However, analytics has been emerged to provide predictions and understand the people performance based on available data.</p>In light of this vast amount of information, human resources services need to deploy a predictive management model and operating system of analytics that can be an efficient and an instead solution that can respond to the gaps of the traditional existing ones and facilitate the decision making. In this paper, we present a literature review of this HR analytics concept and a case study concerning the impact of interventions using an analytics solution.<p> </p>


2016 ◽  
Vol 47 (1) ◽  
pp. 19
Author(s):  
Scott William Hugh Fletcher

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This article argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent application of a single test for vulnerability – that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd – vulnerability can be conceptually certain and provide useful insight into the issues posed by the law of negligence.


Author(s):  
Simon Evans ◽  
Julia Watson

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.


Author(s):  
Kai Jakobs

This chapter discusses the influence individuals have in the ICT standards development process. The chapter draws upon ideas underlying the theory of the Social Shaping of Technology (SST). Looking through the SST lens, a number of non-technical factors that influence ICT standards development are identified. A literature review on the role of the individual in ICT standards setting and a case study of the IEEE 802.11 Working Group (WG) show that in a standards body's WG, the backgrounds, skills, attitudes, and behaviour of the individual WG members are crucially important factors. Yet, the case study also shows that in most cases employees tend to represent the ideas and goals of their respective employer. The chapter observes that the non-technical factors are ignored all too often in the literature. It argues that a better understanding of the impact and interplay of these factors, specifically including the skills and attitudes of the WG members, will have significant implications both theoretical and managerial.


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