Wik Peoples v State of Queensland: Extinguishment of Native Title

The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland  will be remembered by all as the first fruits of the Mabo  decision.  Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past.  The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises.  This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates.  This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title

Williams Lake and Mikisew Cree: Update on Fiduciary Duty and the Honour of the Crown

This article considers the Supreme Court’s two Aboriginal law decisions of 2018. They are not ground-breaking: the first applies existing Aboriginal law jurisprudence, and the second limits the application of existing jurisprudence. Neither case says anything fundamental about the nature of reconciliation or the honour of the Crown. When seen together, however, they show a court that is invested in reconciliation but wanting to limit its role in achieving reconciliation

A Constitution of Our Own : The Constitutional Convention of 1872 and the Resurrection of Confederate West Virginia The Constitutional Convention of 1872 and the Resurrection of Confederate West Virginia

The Radical wing of the Republican Party, which created the state of West Virginia, imposed a punitive reconstruction program on its citizens. The disenfranchisement of most returning Confederate soldiers and the state\u27s Confederate supporters was carried out illegally in many cases. The overzealous administering of restrictive measures longer than necessary or acceptable caused a split in the Republican Party leading to the rise of the Democratic Party in the state. The Liberal Republicans joined the Democrats in successfully removing many of the reconstruction measures affecting the disenfranchised. Once the Democratic Party regained the legislative majority, they swept away all the remaining mechanics of reconstruction by 1870. Firmly in control of the executive and legislative branches of government, the Democrats sought a new constitution for West Virginia. The truth of the matter was that there was not a need for a new constitution to dismantle reconstruction in West Virginia. Why did the Democrats call for a constitutional convention to rewrite the 1863 Constitution? The Democrats demanded a constitutional convention to achieve four goals: restrict, repeal or diminish the civil rights of the Negro and return him to a place of pre-war subservience; take control over the remaining branch of government: the judiciary; regain control over local governance; and create a constitution of their own to return the political culture of West Virginia to an ante-bellum status of political oligarchy and bigotry. The Democrats were largely successful in achieving their goals. A split within the Democratic Party, however, helped modify the most damaging proposals and produced a more progressive and less strident constitution. Regardless, the 1872 Constitutional Convention and its resulting document insured a southern leaning Bourbon democracy in West Virginia that lasted for a generation

Sounds on the margins of language, at the heart of interaction

What do people do with sniffs, lip-smacks, grunts, moans, sighs, whistles and clicks, where these are not part of their language's phonetic inventory? They use them, we shall show, as irreplaceable elements in performing all kinds of actions - from managing the structural flow of interaction to indexing states of mind, and much more besides. In this introductory essay we outline the phonetic and embodied interactional underpinnings of language, and argue that greater attention should be paid to its non-lexical elements. Data in English and Estonian

Impacts of distributed generation on low-voltage distribution network protection

This paper reports work of a MEng student final year project, which looks in detail at the impacts that distributed generation can have on existing low-voltage distribution network protection systems. After a review of up-to-date protection issues, this paper will investigate several key issues that face distributed generation connections when it comes to network protection systems. These issues include, the blinding of protection systems, failure to automatically reclose, unintentional islanding, loss of mains power and the false tripping of feeders. Each of these problems impacts on protection systems in its own way. This study aims to review and investigate these problems via simulation demonstrations on one representative network to recommend solutions to practices

Public Service Mutuals : Spinning out or standing still?

Richard Hazenberg and Kelly Hall from the University of Northampton and Allison Ogden-Newton, Chair of the Transition Institute, consider how a more nuanced discussion of where, and under what conditions mutualisation brings social and financial value would be helpful. In his conclusion, Paul Buddery suggests that, just as the Enterprise Solutions project has itself seen a range of solutions, including but not limited to mutualisation, so the future of spin-outs is likely to take a number of different forms. Employee led mutuals may grow but so too will collaborative models, joint ventures, asset transfers and in house trading companies. As the appetite for spin-outs increases and new providers move into delivery, important opportunities arise for reviewing the evidence. It is important to assess the extent to which social enterprises and mutuals will or will not be able to effectively involve service users and deliver more efficient, responsive and high quality services than the public sector

Swallowing in conversation

Swallowing — a complex physical process that involves closure of the mouth and nasal cavities, as well as the glottis, and the raising and lowering of the larynx — is at the boundary between speech and the body, yet almost nothing is known about how it works in conjunction with speech in spoken interaction. Research into swallowing, mostly in speech therapy, has explored the articulations required, how long it takes the bolus to pass through the mouth to the stomach, and the sounds occur on the way. In the phonetics literature, swallowing is regularly excluded from study: in experiments, tokens with swallowing are excluded; and while swallowing is used to set up certain experiments, its effect on speech is not the object of such studies, though it is sometimes mentioned as a possible action during a stretch of silence, as in word search. Although speaking and swallowing are mutually incompatible, in conversation, swallowing has to be coordinated around the processes of speaking. It can be part of the preparations for speech; it can also occur within and after stretches of speech. While swallowing has been marked in conversation analytic transcripts in several languages, it is almost never commented on. Like sniffing, crying or laughing, swallowing occurs in the vocal tract and may accompany speech, but is not considered as part of the stream of speech. It is clearly related to drinking, which Hoey (2015, 2017, 2020b) shows is strategically placed in the sequential unfolding of talk. In the same spirit, this paper will treat swallowing as an interactional resource which is bound up with language, and which has particular affordances and demands. This paper fills a gap in our knowledge, by focusing on swallowing that is embedded within, before, or after stretches of speech. It considers the phonetic, linguistic and interactional features of swallowing. It thus explores how verbal conduct is intertwined with one aspect of bodily conduct