Law: Chapters and Books
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Item Open Access When Public Goods Go Private: The CGIAR Approach to Intellectual Property, 1990–2020(Cambridge University Press, 2024) Jefferson, David; Curry HA; Lorek TThis content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/Item Open Access The Journey of a Pākehā through Prison Education for Māori(Bloomsbury, 2024) Farley, Helen; Corbett EItem Open Access Law of the Sea in the ‘Plasticene'(Edward Elgar, 2024) Scott, Karen; Kirk E; Popattanachai NOcean plastics constitute a source of pollution and a threat to the marine environment and are thus subject to the general obligations to protect and preserve the marine environment in Part XII of the 1982 United Nations Convention on the Law of the Sea. This chapter will critically examine the scope and extent of these obligations, which impose a due diligence obligation to prevent, reduce, and control pollution of the marine environment. The law of the sea, through the London dumping regime and the 1973/78 MARPOL Convention establishes a robust set of obligations relating to the discharge of plastics at sea from vessels although implementation and compliance with these rules is not always effective. By contrast, the global regime for land-based plastic marine pollution is far from robust, comprising largely soft law instruments and initiatives, supported by extensive but normatively variable regional action plans and other measures. The new plastics treaty, consequently, has the potential to make a genuinely meaningful contribution to the ocean plastics regime complex and the ways in which this might occur are explored in the concluding part of this chapter.Item Open Access Digital Skills in Healthcare Practice(Cambridge University Press, 2015) Moloney C; Farley, Helen; Lawrence J; Perrin C; Kiernan EThe healthcare industry is rapidly evolving in tandem with a demand for increased flexibility in the delivery of education in our fast-paced society. As a result, the passive reception of content by students, delivered by an expert from the front of the class, is becoming increasingly redundant. Students are now being taught, ubiquitous connectivity allowing widespread access to online materials (Collier, Gray, & Ahn, 2011). Programs such as nursing are often offered in an external, online delivery mode (Wright, 2013). Due to an increasingly aging population, healthcare is by far one of the fastest-growing industries, and graduate job seekers choosing to enter healthcare, will need to ensure they have developed sound digital literacies, particularly as they apply to professional communication. It is imperative that students develop and leverage emerging communication technologies as part of their portfolio prior to seeking employment (Clark, 2009; Hargittai & Litt, 2013).Item Open Access The Tower and the Devil in the Visconti-Sforza Deck(Valley Home Books, 2014) Farley, Helen; Auger EItem Open Access Introduction to Volume III(Routledge, 2016) Farley, Helen; Cusack C; Farley HItem Open Access Transitioning a Face-to-Face Criminal Justice Program in Aotearoa New Zealand to Online in a Post-COVID-19 World(Springer, 2023) Ware J; Farley, Helen; Spamers M; Bull D; Green J; Padró FCriminal justice educators in Aotearoa New Zealand, as around the world, are currently grappling with challenges posed by the post-pandemic realities of higher education, including declining lecture attendance. This chapter examines our proposed strategy for an ordered transition to a well-tailored blended learning approach for the Bachelor of Criminal Justice at Faculty of Law at the University of Canterbury in Aotearoa New Zealand. This strategy has developed in response to the need to future-proof education offerings to address the emerging needs of students and potential disruptions, delivering high-quality programs that prepare graduates for employment, as well as consideration of the needs of criminal justice agencies as prospective employers. The chapter provides an overview of what is known about the common characteristics shared by criminal justice students, and an examination of the contemporary knowledge and abilities required to prepare criminal justice students for employment, which is then contextualising within Aotearoa New Zealand – where indigenous Māori are over-represented in every part of the criminal justice system. Against this backdrop, we discuss how to teach this in the context of post-COVID blended learning by providing an overview of the evidence regarding face-to-face and online effectiveness in general and differentiating this from the use of emergency use of remote learning during COVID restrictions, before outlining what is known about teaching criminal justice online. Finally, we offer suggestions for the use of blended teaching approaches within the context of knowing who our students are and what we need to teach themItem Open Access Austin Spare and the Ages of Tarot(Lost Envoy, 2016) Farley, Helen; Allen JItem Open Access Falun Gong: A Narrative of Pending Apocalypse, Shape-Shifting Aliens and Relentless Persecution(Oxford University Press, 2014) Farley, Helen; Lewis J; Petersen JFew people outside of China fully understand the full scope of Falun Gong. Practitioners adhere to a complex theology replete with shape-shifting aliens, multiple planes of existence and warnings of an impending apocalypse brought about by extreme moral degradation which only a lucky few will survive. In this worldview karma plays a pivotal role, but not the abstract karma of Buddhism, but rather a tangible sticky black substance which can be at least partially removed by practising five physically demanding yet meditative exercises. This alone would warrant Falun Gong’s inclusion in this volume, yet another controversy exists that equally qualifies the movement. Since 1999, Falun Gong practitioners have been brutally persecuted by the Chinese Government, both parties making claims and counterclaims about evildoing, clever conspiracies and other such injustices. Amid a torrid propaganda war of considerable vehemence from both sides, the truth can be difficult to discern. This chapter will briefly examine both sources of controversy within Falun Gong while providing an overview of the beliefs, practices and history of the movement.Item Open Access Supporting the Sustainable Implementation of Mobile Learning for Higher Education in the Asia-Pacific Region(Springer, 2017) Murphy, Angela; Farley, Helen; Murphy A; Farley H; Dyson L; Jones HThe Asia-Pacific region has become a growth centre for digital innovation and economic prosperity, with innovations in mobile technologies and applications acting as a vehicle for disparate populations to gain greater access to education and other essential services. The successful integration of innovations that leverage the potential of mobile technologies for learning is therefore high on the agenda for higher education leaders from the Asia-Pacific. This book brings together discussion papers and case studies from authors in 16 countries within the Asia-Pacific region including China, Japan, the Republic of Korea, Malaysia, Indonesia, Laos PDR, Cambodia, Singapore, Vietnam, Pakistan, Russia, Australia (including regional and remote areas), New Zealand, Papua New Guinea, Samoa and Fiji. Each chapter highlights the personal experiences or insights obtained from pioneers who are developing and implementing mobile learning initiatives as either pilot projects or as part of a cross-institutional strategy within learning institutions or Asia-Pacific communities. Chapters also address the implications of mobile learning for the four levels of stakeholders within higher education institutions. This introductory chapter provides an overview of each of these levels that form a framework to guide the implementation of sustainable mobile learning solutions for teaching and learning in the Asia-Pacific Region.Item Open Access Introduction to Volume IV(Routledge, 2016) Farley, Helen; Cusack C; Farley HItem Open Access The Reality of Authentic Learning in Virtual Worlds(Athabasca University Press, 2016) Farley, Helen; Gregory S; Lee M; Dalgarno B; Tynan BThere is considerable hype around the purported affordances of virtual worlds to facilitate authentic learning in a variety of discipline areas. Though at first glance, virtual worlds look as if they would provide an ideal environment for this type of learning, in reality there are a number of factors that need to be considered in relation to these claims. As Sherry Turkle suggests, even though new technologies provide opportunities for being and learning, there is a risk that because the virtual is deliberately compelling, we believe that we are achieving more than we actually are (Turkle, 1995). Though experiences in virtual worlds can be immersive and engaging, they still may not be authentically educative for the user (Jackson & Lalioti, 2000). This chapter examines the claims surrounding authentic learning in virtual worlds with a view to determining their veracityItem Open Access Developing a framework for evaluating the impact and sustainability of mobile learning initiatives in higher education(Open and Distance Learning Association of Australia, 2013) Farley, Helen; Murphy, A; Sims , R; Kigotho , MThe potential of mobile technologies to enhance the learning experience for students has been recognised by researchers and educators. Few learning institutions, however, have moved beyond piloting and developmental studies and embedded well-financed and highly visible mobile learning strategies into everyday learning and teaching practices. The aim of this project is to develop a comprehensive framework for evaluating the impact and sustainability of mobile learning initiatives within Higher Education.Item Open Access Moving Towards the Effective Evaluation of Mobile Learning Initiatives in Higher Education Institutions(Springer Singapore, 2019) Murphy A; Todd NA; Lane M; Hafeez-Baig A; Midgley W; Johnson C; Farley, HelenMobile learning is viewed by many institutional leaders as the solution for a student cohort that is demanding an increasingly flexibility in study options. These students are fitting study around other aspects of their lives including work and caring responsibilities, or they are studying at a geographical location far removed from the university campus. With ubiquitous connectivity available in many parts of the world and with the incremental improvements in design and affordability of mobile devices, many students are using mobile technologies to access course materials and activities. Even so, there are relatively few formal mobile learning initiatives underway and even fewer evaluations of those initiatives. This is significant because without a rigorous evaluation of mobile learning, it is impossible to determine whether it provides a viable and cost-effective way of accessing courses for both the student and the institution. This chapter examines the broad groupings of uses for mobile devices for learning, before considering the evaluation frameworks that are currently in use. The characteristics, affordances and issues of these frameworks are briefly discussed. A project to develop a Mobile Learning Evaluation Framework is introduced, which will consider evaluation from four aspects: 1) Pedagogical (Learning); 2) Pedagogical (Teaching); 3) Technical; and 4) Organizational.Item Open Access Treating dangerous offenders(Wiley-Blackwell. m., 2012) harkins L; mann R; ware, jayson; Davies G; Beech AItem Open Access Managing Sexual Offender Treatment Programs(Wiley, 2011) Mann RE; Fernandez YM; ware, jaysonSummary: This chapter addresses some of the demands, pressures and complications experienced by those who manage sex offender treatment programs. Some of the key issues for which managers are responsible include ensuring programs are faithful to risk need and responsivity principles; managing, supporting and developing treatment delivery staff (therapists); engaging the organisation and other stakeholders to support the treatment process; and ensuring that monitoring and evaluation strategies are in place. We discuss some of the challenges that managers face and offer some examples based on our experience of managing sex offender programs in three jurisdictions.Item Open Access The Importance of Contextual Issues within Sexual Offender Treatment(Wiley, 2011) ware, jaysonItem Open Access Addressing Denial(John Wiley & Sons, Ltd, 2014) Harkins L; ware, jaysonThe issue of how to deal with denial of offenses has presented longstanding challenges for practitioners working with sex offenders. Historically, this was viewed as an obstacle to treatment that needed to be targeted. More recently, denial has been recognized as an understandable reaction to being convicted of a sexual offense and thus, efforts are made to work with individuals in denial in different ways. This chapter uses the case study method to present Brian, a man convicted of sexually assaulting an unknown 12-year-old girl in a park. Brian reported that he was not in the vicinity of the park the evening when the sexual assault took place and that he was "being set up". Work with Brian focused first on encouraging treatment involvement and then to attempting to engage him sufficiently to allow work on all of the factors assessed to relate to his ongoing risk of committing further such sexual crimes. The approach used was that developed by Marshall, Thornton, Marshall, Fernandez and Mann (2001) in which there is no attempt to overcome the denial but instead the focus is on reducing the likelihood of further allegations. This engaged him into treatment. This approach was followed until Brian was ready to accept responsibility of his own accord. At that stage, it was decided to positively challenge the denial. The impact of this approach and recommendations for working effectively with offenders in denial are explored.Item Open Access Responding to categorical denial, treatment refusers, and drop-out(Wiley-Blackwell, 2016) Blagden N; ware, jayson; Marshall W; Marshall LThe Wiley Handbook on the Theories, Assessment and Treatment of Sexual Offending is a three-volume collection of up-to-date readings contributed by international experts relating to the assessment, intervention, and theoretical foundations ...Item Open Access Higher Education for all: Prisoners, Social Justice, and Digital Technology(Springer International Publishing, 2022) Seymour S; Farley, HelenAs most universities move to blended or entirely online digital delivery models, large cohorts of students are excluded from participation. For those universities that espouse the idea that education is democratic, this proves to be problematic. The digital delivery of education, while enabling participation from certain groups such as regional learners or stay-at-home carers, excludes those without ready access to technology or connectivity. Prominent among the latter group are prisoners who in most correctional jurisdictions do not have access to modern technologies or to the internet. This chapter will examine how one university, the University of Southern Queensland, responded to the challenge of delivering digital higher education to prisoners. The journey has been a tortuous one that began with a few idealistic academics acting as champions some three decades ago and became a university-wide project pushing the boundaries of what was technically possible and culturally palatable. The university is now the largest supplier of higher education into prisons in Australia and one of the largest in the world. This chapter will argue that this was enabled by a shift in culture in both the university and in the correctional jurisdictions in which it operates. The university has challenged the largely unspoken but widely held notion that prisoners have limited intellects and are only capable of completing low-level qualifications. The incarcerated learners engaged with the university boast both higher retention rates and better results than their non-incarcerated counterparts.