Ultra Vires as an Unjust Factor in the Law of Unjust Enrichment

This article examines the application of unjust enrichment and restitution law to ultra vires government acts. It posits a general theory about how courts should deal with the effect of unconstitutionality

Bionomics of the pied stilt (Himantopus leucocephalus) in New Zealand : with special reference to breeding behaviour: a thesis presented in partial fulfilment of the requirements for the degree of Master of Science in Zoology at Massey University

Aims of the Study. Although the Pied Stilt, Himantopus h.leucocephalus, Gould,1837*Nomenclature for New Zealand birds follows that laid down in the Annotated Checklist of the Birds of New Zealand (Kinsky,1970). Other bird species are as prescribed in the Handbook of British Birds (Witherby et al, 1943) or in the specific reference works quoted. is one of New Zealand's most common wading birds there has been very little published work on it. The purpose of this study therefore was to gain knowledge of the general biology of the Pied Stilt with special reference to breeding behaviour. It has been suggested (L.Gurr, pers.comm.) that the large numbers of Pied Stilt may be responsible for genetic swamping, through interbreeding, of the Black Stilt Himantopus novaezealandiae Gould, 1841 which is now quite rare and its breeding range restricted to a very small area of New Zealand - the Waitaki River system. The intention was that this study should provide information as a background to further investigation of the problem. This study is based on field observations made between February 1969 and December 1970 in the Manawatu district around Palmerston North, where Pied Stilts are found in large enough numbers to permit relatively easy observation, except during the winter months when their numbers drop considerably

Unjust enrichment as a principle of Australian constitutionalism

This article examines the central role of unjust enrichment in Australian constitutionalism. The Australian Constitution, amongst other things, divides the legislative powers of the Australian federal system between the Commonwealth (central) and State (regional) governments. Section 51 Constitution provides that the Commonwealth Parliament shall have power to make laws for the peace, order, and good government of the Commonwealth with respect to an enumerated list of powers. One of the enumerated legislative powers of the Commonwealth is the power to make laws with respect to the "acquisition of property on just terms from any State or person ...". The provision operates firstly to give the Commonwealth power to acquire property and secondly as an individual right or guarantee of just terms; that is as a constitutional protection of the right to private property..

Discrete Nodal Domain Theorems

We give a detailed proof for two discrete analogues of Courant's Nodal Domain Theorem

Nobody Wants to Eat Them Alive:” Ethical Dilemmas and Dual Media Narratives on Domestic Rabbits as Pets and Commodity

Using semiotic analysis, this study explores changes occurring in the societal perception of rabbits as farm animals as juxtaposed to their increasing popularity as domestic companions. This study is based on a preliminary hypothesis that rabbits are increasingly perceived and portrayed in media as domestic companion animals similar to cats and guinea pigs, which challenges a parallel narrative that views rabbits as commodities for their meat and fur. Operating within a theoretical framework that considers news media as both socially constructed reality and recorded history, the study examines the dynamics of change in numbers of coded news narratives drawn as a 1000-piece convenience sample from a database of news stories published worldwide between 1990 and 2011

The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer

In August 2008 one of, if not the most, influential Intellectual Property courts in the USA known as the Court of Appeals for Federal Circuit upheld the validity of a free and open source software licence known as the Artistic Licence. The case is significant because up until this point there has been little judicial discussion of the legal operation of this new type of copyright licensing that is sweeping across the world fuelled by the ubiquity of the Internet. The decision in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. 2008 U.S. App. LEXIS 17161 (Fed. Cir. 2008) issued on 13 August 2008 provides a unique and welcomed insight into the legal operation of free and open source software licences and by analogy Creative Commons styled open content licences. This article analyses the judgment and provides commentary on its reasoning