bluuebunny/crossref_metadata_2025 huggingface dataset:
Internal quality assurance of institutional learning outcomes: United States case study and implications for Vietnam higher education
Authors: Pham Nhung Tuyet Thi , Nguyen Binh Thanh Thi
Published: June 2021

Higher education institutions (HEIs) are under pressure to provide evidence of student success. In addition to traditional performance indicators such as GPA, grades, and rates of retention, graduation and employment, stakeholders also required institutions to provide evidence of institutional learning outcomes (ILOs). ILOs encompass the knowledge and skills that all students regardless of disciplines from a specific university are expected to demonstrate upon their graduation. This case study examines a complete internal quality assurance (IQA) cycle from a U.S. comprehensive university, including the adaptation of national authentic assessment measures, the use of technology in data analysis, the best practices to communicate assessment results to multiple internal stakeholders to facilitate leadership decision-making, the challenges encountered, and the improvement plans to sustain the procedure. Researchers also make recommendations to Vietnam HEIs that want to adopt IQA of ILOs for both quality improvement and accountability purposes.
Approaching classical Japanese Haiku poetry through the perspective of ink painting art and application to teaching foreign literature for Literature Pedagogy students at Dong Thap University
Authors: Nguyen Lien Mai Thi , Nguyen Nhu Chan Minh Dieu
Published: June 2021

Exploring the culture and literature of countries around the world is increasingly important in the current trend of international exchange and integration. Therefore, foreign literature disciplines, including Japanese literature, occupies an increasingly essential position in the curriculum of Dong Thap University. However, the perception and teaching of Japanese Haiku poems have long been challenged due to language barriers as well as cultural differences. In order for enhancing the quality of teaching Haiku poetry to Literature Pedagogy majors at Dong Thap University, the article presents a new approach towards classical Haiku poetry through the perspective of ink painting art (aka painting art). With the aim of observing the beauty of Japanese literature and culture, the study analyzes the causes and some specific manifestations of the similarities between Japanese ink painting art and classical Haiku poetry in terms of artistic methods. The root cause lies in the influence of Zen, as a cultural characteristic of the Japanese spirit, and the specific manifestations include the technique of empty spaces in ink painting art, and the empty poetic strategy in classical Haiku poetry, the features of the conception scenery and the moment characteristic in both Oriental art genres.
Chronic Pain and Fear-Avoidance Beliefs: A Narrative Review
Authors: Panhale Vrushali P. , Walankar Prachita P. , Khedekar Sayali S.
Published: June 2021

Chronic pain has an impact not only on the physical function but also affects the quality of life of an individual. Psychosocial factors play an important role in mediating chronic pain. Fear-avoidance belief is considered as the important psychosocial factor in predicting patient's avoidance for work and physical activity as well as disability and has strong association with chronic pain. The aim of the study is to review the studies on the relationship between chronic pain and fear-avoidance beliefs. Articles from the PubMed, Research gate, Google Scholar and APTA databases were searched for this narrative review with related keywords like chronic pain, chronic musculoskeletal pain, fear avoidance beliefs, psychosocial factors and quality of life. Total fifteen articles were found. Out of which, five were excluded and ten were studied further. The sum of evidences proves that the fear-avoidance belief is an important predictor of pain. Through this we conclude that the anticipation of chronic pain can further provoke fear-avoidance behaviour and can give rise to a vicious cycle, in which fear can contribute to avoidance of physical activity and work leading to disability.

Key words: chronic, pain, fear avoidance beliefs.
Patterns of Range of Motion Restriction in Subjects with Adhesive Capsulitis
Authors: Soni Krupa M. , Bhatt Urmi , Solanki Vidhya
Published: June 2021

Background: Adhesive capsulitis is one of the most common problems of the arm. It is a painful and disabling condition and the etiology is unclear. Adhesive capsulitis is caused by tightening of the joint capsule and results in stiffness and pain. Adhesive capsulitis occurs in three distinct stages. Freezing stage, Frozen stage & Thawing stage. Till date, adhesive capsulitis remains to be more of a clinical diagnosis rather than radiological. Cyriax’s proposed shoulder capsular pattern was external rotation most limited followed by abduction followed by internal rotation. It remains unclear whether this pattern is exists in all the phases of adhesive capsulitis or not.
Aim: To identify pattern of restriction of ROM in subjects with adhesive capsulitis in three phases of adhesive capsulitis.
Methodology: The study included 60 subjects with idiopathic adhesive capsulitis. Passive ROM for shoulder Abduction, internal and external rotation was measured with universal Goniometer.
Results & Conclusion: Findings suggest that various patterns of restrictions were found in different phase of Adhesive capsulitis.

Key words: Adhesive capsulitis, Shoulder passive ROM, Pattern of restriction.
PISA Ölçütünde Metinsellik Rubriği Geliştirme
Authors: BENZER Ahmet , EVCİ Büşra
Published: June 2021

Çalışmada ders kitaplarındaki metinleri değerlendirmek üzere “PISA Ölçütünde Metinsellik Rubriği”nin (PÖMR) geliştirilmesi amaçlanmıştır. Veriler 2019-2020 eğitim-öğretim yılında okutulan ortaokul (5-8. sınıf) Türkçe ders kitaplarında serbest okuma metni olarak yer alan ve PISA’nın sürekli metin özelliklerini taşıyan 20 okuma metninin 4 bağımsız puanlayıcı tarafından puanlanmasıyla elde edilmiştir. Analitik rubrik için ölçüt atanırken PISA 2018 okuma becerileri değerlendirme çerçevesindeki bilişsel süreçler ve okuma yeterlik düzeyleri dikkate alınmıştır. Her ölçüt için 3 farklı başarı derecesi tanımlanmıştır. Geliştirilen analitik rubriğin geçerlik kanıtlarının sağlanması için öncelikle 8 uzmanın görüşüne başvurulmuştur. Toplanan uzman tepkileri üzerinden her bir ölçüt için kapsam geçerlik oranı hesaplanmıştır. Uzman görüşünden gelen dönütler ile geçerlik kanıtı olması amacıyla temel bileşenler analizi uygulanmıştır. Analitik rubriğin güvenirlik kanıtları için hesaplanan sınıf içi korelasyon katsayısı .96 ve Cronbach alfa değeri .96 olarak bulunmuştur. Puanlayıcılar arası güvenirliğe kanıt sağlamak için 2 Türkçe öğretmeninin yaptığı puanlamalar üzerinden ağırlıklandırılmış Kappa hesaplanmıştır. Elde edilen ağırlıklandırılmış Kappa katsayısı testine göre analitik rubriğin ölçütleri iyi ve çok iyi uyuşma göstermiştir. Yapılan çalışmalarla “bilgiye ulaşma”, “anlama” ve “derinlemesine düşünme ve değerlendirme” olmak üzere 3 ana ölçüt ve toplam 8 alt ölçütten oluşan “PISA Ölçütünde Metinsellik Rubriği” geliştirilmiştir. Geliştirilen analitik rubriğin geçerli ve güvenilir bir ölçme aracı olduğu sonucuna ulaşılmıştır.
Özel Eğitim Bölümü Lisans Programının Birleştirilmesine Yönelik Özel Eğitim Öğretmenlerinin Görüşlerinin Değerlendirilmesi
Authors: AYDIN Gözdenur , ŞENTÜRK Şener
Published: June 2021

Bu araştırmanın amacı, özel eğitim öğretmenlerinin mezun oldukları eski lisans programlarının eksiklerinin neler olduğu yönündeki görüşlerinin belirlenmesi ve bu görüşler üzerinden 2016-2017 Özel Eğitim Öğretmenliği Lisans Programının neleri karşılayıp karşılamadığının saptanmasıdır. Nitel araştırma yöntemi ile gerçekleştirilen çalışmanın veri analizi içerik analizi ile gerçekleştirilmiştir. Geçerlik ve güvenirliğin sağlanması için katılımcı teyidine başvurulmuş ve katılımcı görüşlerine araştırmada doğrudan yer verilmiştir. Araştırmanın katılımcı kitlesi farklı üniversitelerden mezun ve Türkiye’nin farklı bölgelerinde görev yapmakta olan 53 özel eğitim öğretmeninden oluşmaktadır. Araştırmaya katılan öğretmenlerin %67’si resmî kurumlarda, %33’ü özel kurumlarda çalışmaktadır. Katılımcıların %45’i zihin engelliler öğretmenliği, %51’i işitme engelliler öğretmenliği, %4’ü görme engelliler öğretmenliği mezunudur. Yarı yapılandırılmış görüşme formunun kullanıldığı araştırmada veriler, belirli temalar altında gruplandırılarak yorumlanmıştır. Araştırma bulgularına göre eski lisans programlarının niteliğine yönelik uygulama derslerinin verimsiz olması; müfredatın, akademik kadronun yetersizliği ve niteliksizliği; programın mesleki becerileri karşılayamaması gibi sonuçlara ulaşılmıştır. İncelenen 2016-2017 Özel Eğitim Lisans Programı ve alınan öğretmen görüşleri neticesinde birleştirilen programın teoride ihtiyacı karşılayacağı görüşüne varılmıştır.
Visuals that Portray a Wind Farm
Authors: Le Rouge Mary
Published: June 2021

John Debes, the founder of the IVLA, argues that our first language is body language – visual and tactile information together helping us make sense of the world (Debes, 1972). During research of the public response to what could be the first freshwater offshore wind farm in North America, on Lake Erie, participants have a distinctly embodied understanding of environmental information. Their oral stories, drawings, and written responses reflect use of visual literacy that personifies wind turbines, the lake, fish and birds, and Earth’s processes as human in nature. In return, participants’ perception of the wind farm’s features, size, and distance is skewed toward an immediate, physical presence. Between anthropomorphism and embodiment, what the general population sees as important in a large-scale sustainable energy project is very different from what is shown in technical documentation from scientists, engineers, and policymakers, complicating public decision making.
Effect of Artificial Intelligence-Based Application on Saudi Preparatory -Year Students’ EFL Speaking Skills at Albaha University
Authors: Khalaf Ismail Makhlouf Mohammed
Published: June 2021

This study aimed at investigating the effect of Artificial Intelligence(AI) for developing non-English major students at preparatory year, Albaha University some speaking skills. Two instruments were developed for the purpose of this study; a pre-post-speaking test and a speaking rubric. The participants were 20 engineering students at preparatory-year Albaha University, Saudi Arabia. A speaking pre and posttest, speaking rubric and students' self-reflection were administered. The study followed a quasi-experimental one-group pretest-posttest design. The selected speaking skills were developed through a mobile application [ELSA Speak] based on Artificial Intelligence (AI). The selected speaking sub-skills skills were fluency and accuracy. Findings of the study revealed significant differences in the mean scores of the treatment group on the speaking pretest and posttest in favor of the posttest. The results showed that AI enhanced the students’ speaking skills. This study concluded with recommendations pertinent to using artificial intelligence as a tool for teaching speaking skills.
The Efficiency of Two Nile Fishes as Biocontrol Agents Against Different Stages of Schistosomiasis Intermediate Host.
Authors: Afifi A A , Ahmed A A
Published: June 2021

The present investigation is dealing with the biological control of schistosome intermediate host, two Nile fishes Debs (Labeo niloticus) and the Nile Bulti or Tilabia (Cyrinus carbio) were selected to determine their efficiency to control schistosomiasis intermediate host (snails). Six laboratory sets of experiments were designed, three for Bulinus truncatus and other three for Biomphalaria pfeifferi. The first set in each snail species were control group, while the other two provided with the two Nile fishes, to investigate the efficiency of the selected biocontrol agents. In control set, gradual reduction of egg-masses, neonates and adult snails of both schistosomiasis snails. Compared with the control set, the two fishes verified to be highly efficient predators against egg-masses and neonates of the two snails (P < 0.001). While in case of the adults of both species reduced also very gradually.
Pharmacognostical Study of the Fruits of Acacia nilotica, Ammi visnaga and Pimpinella anisum
Authors: , Hatil Hashim El-Kamali Ahlam Salih Eltahir , Rofidah Yasen Ahmed Diab
Published: June 2021

This study deals with Acacia nilotica fruits, Ammi visnaga fruits and Pimpinella anisum fruits, these plants were selected because of their popularity and they are highly used, they were purchased from herbarium markets of Khartoum. The study is divided into two parts, the main part is morph anatomical studies of the fruits of the plants because it is important in the identification of the medicinal plant when it is in the powder or broken forms. The preparation of permanent slides was done using wax methods. The results of the morphanatomical studies were described and shown in photomicrographs. The transverse sections of the fruits of A. nilotica, A. visnaga and P. anesum are formed of many layers. The epicarp is one layer of small cells covered with cuticle. Many trichomes appeared projecting from the epidermal cells. The mesocarp is formed of parenchyma cells filled with reserved materials, tannins in A. nilotica and vittae oil cavities in A. visnaga and P. anesum. Part two includes physichemical studies of the powder of the studied plant fruits to determine the percentage values of moisture, ash, acid insoluble ash, alcol soluble extractives, and water soluble ash.
Biochemical effects of Cigarettes Smoking on Liver functions of Sudanese diabetics smokers
Authors: Abdelraouf Ahmed Abass Salah Ahmed Mohamed Ali ,
Published: June 2021

The present study was conducted in Khartoum state (Sudan) as a cross-sectional study in 200 participants (100 smokers and 100 non-smokers), to investigate the effects of Cigarettes Smoking on Liver functions of Sudanese smokers. The smokers were categorized into either current smokers (70 participants) or past smokers (30 Participants). Parameters were analyzed by using spectrophotometer. From the results, the levels of liver function tests (TB, Albumin and globulin) were significantly higher in non-smokers (6.0, 3.6 and 2.43 g/dl) as compared to current smokers (4.4, 2.4 and 1.98 g/dl) and past smokers (4.7, 2.7 and 1.93 g/dl). Meanwhile, ALT was significantly increased in current and past smokers as compared to non-smokers, where as AST was significantly higher in current smokers as compared to non-smokers, while there was no significant difference between current and past smokers as well as between past and non-smokers for this parameter. In addition, heavy and long duration of smoking were both associated with low total protein, albumin and AST levels .Also liver function tests were not significantly differing in current smoker's non-diabetics and non-smokers diabetics except total protein. From the results when, liver enzymes raised that may lead to increase proteins metabolism and increase blood glucose. These signs may place cigarettes smoking one of the top causes of hepatitis, pancreatitis, insulin resistance and finally diabetes mellitus type II. On the other hand, smoking cessation in diabetics lead to decrease the risk of hepatitis, Also regular physical activity and using medication regularly in diabetics lead to the same actions above; in addition diabetes complications were decreased.
Physico-chemical Characteristics and Heavymetal contents in Soil of South West EL-Fasher City,Western Sudan.
Authors: Abdel Wahed Fatima Siddig Adam , EL-Kamali Hatil Hashim
Published: June 2021

The objectives of this study were to assess levels of trace and heavy elements in South west EL-Fasher cityin North Darfur soils and to provide information regarding accumulation of these metalsin top and sub-soils and to determine the most important soil factors (chemical and physical) which influence trace and heavy elements concentrations in soil.Top and sub-soil samples were taken at various locations in South west EL-Fasher city. The soil characterization was carried out for parameters like pH, E.C, O.C, M.C, soil texture, and trace and heavy elements (Cd, Co, Cr, Cu, Fe, Mn, Mo, Ni, Pb and Zn). The results obtained in this research work provides documentation of the relationship between physicochemical properties and heavy metals concentrations in soils of North Darfur. The pH was found to be slightly alkaline. The values of E.C indicated that all samples of the soils are non-saline. Fe, Mn, Cr, Zn and Cu were distributed in very high concentrations compared to other metals. This study will help the industrial section and can be benefit from it for commercial purposes.There were obvious differences in correlation coefficients among the selected criteria (65.6% from total number of correlated between pH and some other selected physicochemical characteristics, whereas 42.3% from the total number were positive correlated between soil texture and some other selected physicochemical characteristics. This study can serves as a database of trace and heavy elements build-up in soil, allowing preventive actions to be taken.
The effect of the addition of limestone from Khor Eit on soil stabilization of Omdurman.
Authors: Elhag Amna Mubarak Mohamed
Published: June 2021

The present investigation considered the damages arising from the expansive clay type in the presence of water in Omdurman –Sudan.Geographic Information System (GIS), and Remote Sensing techniques were used to map the geotechnical parameters and accurately locate the problematic clay zones.Soil samples recovered from the Bore Holes and Trial Pits in Al muhandessen, Elbustan, Alarda, Bit Almal and Almulazmeen, during the field work carried out in August 2018 were studied using standard Geotechnical Laboratory methods. The liquid limit varies between 50% and 65%.The samples locations were determined using the Global Positioning System (GPS). The thematic mapper 2000Tm was used for mapping the soil properties in Digital format using ERDAS Imaging 8.5 integrated with other software such as Arc Map. Modeling of the problematic soil was carried out also.The results of the geotechnical data show that montomorillonite and Illite are the dominant high expansive clay type with thickness ranging from one to three meters.The limestone collected from Khor Eit North of Port Sudan, was studied chemically and Calcined at 900°C and slaked to get lime. (10 - 20%) of the lime was added to the sample soil with compaction, results in enhancement of the soil properties, reduction of the plasticity index, reduction of clay activity and hence stabilization of the soil.
Kinship Politics in the 2020 Pilkada in Central Java: The Actors Involved and Their Influences
Authors: Diniyanto Ayon , Muhtada Dani , Sofanudin Aji
Published: June 2021

Kinship politics in the 2020 Pilkada in Central Java occurred in 11 out of 21 regions that held Pilkada. This number indicates that more than half of the regions in Central Java are exposed to kinship politics in the 2020 Pilkada. This condition would not have happened without the actors involved. The role of actors in constructing kinship politics is something that is difficult to deny. Therefore, this research is important to find actors involved in kinship politics in the 2020 Pilkada in Central Java. The fundamental question that is important to ask is who is involved in kinship politics in the 2020 Pilkada in Central Java? How do these actors influence the 2020 Pilkada contest in Central Java? The purpose of this research is to find the formulation of the problem. This article shows three actors who play a role in constructing kinship politics in Central Java, namely (1) the main actor; (2) relative actor; and (3) other actors. The influence of these three actors can be classified into large, medium, and small influences. This article shows that these three actors have varied and inconsistent effects. This article concludes that kinship politics is not a guarantee for a candidate to win local political contestation.
Failed Kinship Politics: Three Cases of the 2020 Regional-Head Election in Jambi
Authors: Arfan Arfan , Fadhilah Sinta Rahmatil , Aminah Siti
Published: June 2021

The 2020 Regional Head Election continued to show the presence of Kinship Politics at the regional level, including in Jambi. The incumbents encouraged their family members to run as candidates in the election for Governor and Deputy Governor of Jambi, Regent of Batang Hari, and Mayor of Sungai Penuh. Surprisingly, Kinship politics failed to win in all three locations. This study aimed to analyze the failure of Kinship politics in the 2020 Regional Head Election in Jambi (namely Yuninta Asmara-Muhammad Mahdan in Batang Hari Regency, Cek Endra-Ratu Munawaroh in the election for the Governor of Jambi, and Fikar Azami-Yos Andrino in the election for Mayor of Sungai Penuh) through an independent observation from November 2020 to January 2021, as well as documentation of data and news related to the 2020 Regional Head Election in Jambi. The failure of the three candidate pairs was due to: first, the lack of public trust in the incumbent's family; second, the lack of campaign fund contributions; third, lack of promotions for the candidate pairs on social media; fourth, the lack of political communication between candidates, political parties, and constituents, while the alternative candidates optimally, effectively and efficiently managed the campaign team, campaign logistics, and their constituents; five, the alternative candidates' track records showed better credibility and capability; and six, better electability and acceptability of the alternative candidates. This study concluded that Jambi could be an example of minimizing the dominance of Kinship politics by using an alternative candidate who has a solid team, good online campaign management, and effective logistics management. Jambi can be a barometer of the rise of real democracy.
Faktor-faktor yang mempengaruhi kinerja karyawan Bank Syariah Indonesia
Authors: Rofiliana Lugas , Rofiuddin Mohammad
Published: June 2021

The purpose of this research is to determine the influence of leadership, work environment, Islamic work ethics, and job satisfaction on employee performance of BSI KC Semarang. The sample used in this study was 43 employees with the sampling technique using surfeited sampling, which made the entire population a sample. Retrieval of data through the distribution of structured questionnaires. The analytical method used is multiple linear regression. The results showed that the variables of leadership and work environment were positive towards employee performance. Meanwhile, Islamic work ethics and job satisfaction have no effect on employee performance.
A COMPETITIVIDADE DAS FONTES ENERGÉTICAS RENOVÁVEIS EM UMA ABORDAGEM DE LEARNING CURVES
Authors: Kileber Solange , Parente Virginia
Published: June 2021

O objetivo deste capítulo foi estimar os efeitos da curva de aprendizado sobre a competitividade de fontes energéticas renováveis, tais como biomassa (etanol), hidroeletricidade, eólica e fotovoltaica, e propor medidas regulatórias que incentivem tais tecnologias. Para tanto, se propôs a utilização da abordagem de learning curves, que considera três efeitos principais para explicar a redução dos custos de produção: o efeito especialização (chamado de learning by doing), o efeito escala (scale effect) e o efeito da pesquisa e desenvolvimento - P&D (learning by searching). Identificou-se o peso desses efeitos por fonte energética com vistas a auxiliar no direcionamento de incentivos às energias renováveis, de modo a se decidir se a ênfase deve ser dada à especialização, escala ou P&D. Os resultados indicaram que as fontes fotovoltaica e hidrelétrica reagiram ao efeito aprendizado, embora não tenham mostrado resposta expressiva quanto aos gastos em P&D. Já as fontes eólicas e etanol mostraram-se sensíveis aos gastos em P&D, sendo a escala determinante dos preços da energia hidrelétrica e da eólica. Esses resultados auxiliaram na proposição de medidas públicas específicas como estímulo às fontes renováveis.
ANÁLISE QUALIQUANTITATIVA DAS ESTRUTURAS DE LAZER DO PARQUE ECÓLOGICO DANILO MARQUES MOURA EM GOIOERÊ – PR: PROPOSTA DE MELHORIAS
Authors: Godoi Bruna Dequi de , Camilo Rodrigo , Miranda Yara Campos
Published: June 2021

As áreas verdes são importantes para qualidade de vida urbana, agindo sobre o lado físico e mental do homem, tornando essencial no bem-estar da população. Em cidades de pequeno porte ocorre a intensificação da utilização de praças e áreas verdes pela população como espaço de lazer e socialização, visto a pouca disponibilidade de outros atrativos. Desta forma, o trabalho objetivou analisar a estrutura de lazer existente no Parque Municipal Danilo Marques Moura, situado em Goioerê – PR buscando a proposição de melhorias para o local. A metodologia adotada consistiu em uma análise quali-quantitativa dos mobiliários/estruturas disponíveis no parque a partir de parâmetros previamente definidos, para a proposição de melhorias e adequações para as estruturas disponíveis. Verificou-se a deficiência dos mobiliários/estruturas principalmente referentes a lixeiras, bebedouros, sinalização e iluminação. Ainda, quanto aos mobiliários/estruturas disponíveis no parque, a grande maioria foi classificada entre ruim e regular ou inexistente, sendo que nenhum se enquadrou na escala boa. A partir disso, como propostas de melhoria destacam-se a necessidade de sinalizações ao longo do percurso de caminhada com o uso de placas de incentivo a preservação ambiental, bem como o uso do espaço para oficinas de educação ambiental. As melhorias propostas podem aumentar o uso do parque, fazendo com que o mesmo seja cenário de estratégias de educação ambiental e promova o lazer para toda a população.
A Quiet Harbour: Finding a Balanced Approach to the Copyright Liability of Online Service Providers
Authors: Alexander Sam
Published: June 2021

The United States, via the Online Copyright Infringement Liability Limitation Act, provides a safe harbour from copyright liability for online service providers. This safe harbour has been described as one of the laws that ‘built’ Silicon Valley. Despite the experience in the United States, Australia has not extended its own copyright safe harbour provisions to online service providers. This article seeks to understand the underlying reasons for such different approaches by adopting a comparative analysis methodology. After reviewing the legislative history and case law in the United States and in Australia, this article presents evidence suggesting copyright safe harbours support innovation. As such, this article contends there is a need to reconsider the scope of Australia’s copyright safe harbour. However, it is also demonstrated that the approach taken by the United States has not been without its flaws and, therefore, rather than a complete adoption of this position, Australia should consider a more ‘balanced’ approach—namely, extending the copyright safe harbour, while also introducing amendments to bring clarity and balance to the safe harbour provisions.
Motivated to Collaborate: A Self-determination Framework to Improve Group-Based Learning
Authors: Rogers Justine , Nehme Marina
Published: June 2021

Before they enter practice, law students need to be able to work effectively in groups. This reality has been acknowledged by the universities and legal professional bodies. The Threshold Learning Outcomes (TLOs) for the Australian Law degree stipulate, for instance, that law students must acquire and be able to demonstrate skills in collaboration and communication. Meanwhile, a growing body of research is establishing the positive links between group work and a range of benefits, including achievement, critical thinking, problem-solving ability, creativity, wellbeing and satisfaction. Not only does group work enhance a student’s experience and individual performance, it also equips them with critical practice skills. Despite this, law students typically dislike and resist group work, which means they may not be achieving important professional competencies.

Nevertheless, to force students into group learning would seem counterproductive. As we examine in this paper, students’ aversion to group work likely signals low intrinsic motivation – where intrinsic motivation means doing something because it is in itself enjoyable or optimally challenging; and where extrinsic motivation, by contrast, means doing something because it leads to or avoids a separate outcome. Making group work assessable as the primary way to induce student collaboration, or otherwise simply mandating it, means participation rests on external rewards and punishments. Extrinsic teaching approaches usually result in less effective learning. We argue in this paper that when designing group work, it is essential to consider and apply theories of learning motivation. This article asks the following: How can we increase the likelihood that law students positively engage in collaborative learning?

To address this, the article draws on a theory of motivation, Self-Determination Theory (‘SDT’), to propose a framework and set of strategies for effective group-based learning in legal education. Pintrick and Schunk describe SDT as ‘one of the most comprehensive and empirically supported theories of motivation available today.’ It has been used in other legal educational areas, including curriculum design and assessment, and ethics and wellbeing. However, we consider it especially useful for group-based learning. The article adds to the small but growing legal education scholarship on teamwork, and makes distinct contributions in its motivational theory dimension, setting up an SDT framework designed to promote collaborative learning.
The Tax Treatment of Haircuts in Financial Reorganizations
Authors: Gurrea-Martinez Aurelio , Ooi Vincent
Published: June 2021

Over the past few years, Singapore has implemented various ambitious insolvency reforms aimed at making the country an international hub for debt restructuring. This article argues that while Singapore has put in place one of the most sophisticated restructuring frameworks in the world, some tax reforms might be useful to maximise the potential of this new restructuring framework. Namely, it will be pointed out that the tax treatment of debt forgiveness granted by creditors in corporate reorganisation (‘haircuts’) should be reviewed. Under the current legislation, these haircuts may be treated as taxable income. As a result, financially distressed debtors may be required to pay taxes for certain income that did not involve any actual generation of cash flows. This article argues that, by implementing tax reforms, local and foreign companies will be able to maximise the benefits associated with having access to the efficient insolvency framework implemented in Singapore.
Directors and Officers - Strategic Leadership or Bondage?
Authors: Millhouse David G
Published: June 2021

Scholarly empirical analyses provide guidance to policy makers in Australia’s ascent from the viral abyss to entrepreneurial sunlit uplands on which post-Covid prosperity might be built. These analyses provide regulatory options which can substantially diminish or lengthen the damage inflicted by the present crisis. They are policy choices only exercisable by the federal government. Damage reduction rests upon releasing the entrepreneurial spirits of directors, most of whom control SME’s of various corporate forms. Present regulatory policy and the posture adopted by the regulators is achieving the opposite ― being responses to demonstrated egregious behaviours of the past. In the present environment, this is akin to fighting the last war. Present policy initiatives focus on tax and economic policy rather than the removal of the dead-hand of spirit-crushing regulation. This paper proposes three options to facilitate entrepreneurship ― to increase business capital availability, consistency in definitions, and to address the insurability of directors and officers. Each are consistent with Hayne’s law simplification proposals and none re-open opportunities for a return to egregious behaviours.
Student evaluations: Pedagogical tools, or weapons of choice?
Authors: Fisher Warwick , Orr John , Page John , Pelizzon Alessandro , Walsh Helen
Published: June 2021

In this paper, we survey the recent literature of student evaluation surveys (‘SETs’) in the university sector, in so doing identifying a number of diverse issues that this literature reveals, and contextualising its general findings to the teaching practices of a regional Australian law school.

This article argues that, contrary to their original intention, SETs are more often used as blunt instruments than nuanced pedagogical tools. Case studies drawn from Southern Cross University’s School of Law and Justice corroborate the general tenor of the literature, namely that there is ‘little evidence that study findings are being used to change or improve the student learning experience.’ Rather, these increasingly streamlined surveys provide online opportunities to take the subjective ‘pulse’ of student satisfaction, momentary snapshots that often generate instant heat, but shed little light.

We argue that SETs need to be seen in context, as part of a wider and more pedagogically informed measure of good teaching. While it seems unlikely that SETs in their present form will disappear overnight, their continuing validity requires current teaching evaluation to be itself evaluated, the first priority being the paring back of survey questions to only those factors capable of objective and verifiable measurement.
A Conspiracy of Paper? William Paterson and the Mysterious Origins of Banking and Company Law
Authors: Farrar John
Published: June 2021

This article examines the creation of the Bank of England and other contemporary banks, the Scottish Darien Scheme and the South Sea Bubble. It considers the role of William Paterson, a progressive Scottish merchant and economist, in all of these and the negotiations over the Act of Union of England and Scotland. The article reflects on the use of legislation and royal charters, together with the idea of joint stock and negotiability. It seeks to untangle the complex relationships of the Darien Company and the South Sea Company to banking operations of the time. Although Paterson had a minor role in the South Sea company, it was based on some of his ideas but he opposed the ultimate scheme to take over the national debt in exchange for stock which followed the policies of his compatriot John Law for France. Law in his turn had been influenced by the Bank of England and the Darien Scheme fund raising. The Bubble Act 1720, responding to the panic caused by collapse of bubble companies, was passed a year after his death and impeded the development of company and banking law for over a century.

What this history demonstrates is the difficulty in benefitting from innovation. How the idea of projection or promotion began as something which was thought of in dubious terms. Vested interests were keen to exploit innovation after they initially fought hard to resist it. Then speculative mania took over. The history also reflects a surprisingly high fiduciary duty on a director based on guild ideas before the modern concept developed. Notwithstanding this conflict of interest was practised by influential people often with impunity until it became a political issue when the results were draconian but not necessarily consistent in the absence of modern winding up laws and insolvent trading. A similar picture is illustrated by the experience of John Law in France with the Banque Royale and the Mississippi Company. Their writings represent some of the earliest theorising on economics, banking and international trade more than fifty years before Adam Smith’s Wealth of Nations. It was not simply a conspiracy of paper
The Importance of Inculcating the ‘Pro Bono Ethos’ in Law Students, and the Opportunities to Do It Better
Authors: Corker John
Published: June 2021

This paper argues why it is vital to inculcate law students with a pro bono ethos on their journey through law school to becoming a lawyer, and suggests ways that we might do this better during a student’s legal education and practical legal training in Australia.

Based on the argument that professionalism is more than ever under threat and its survival in the law, as much as anywhere, seems increasingly fragile, it makes the case for the importance of this issue and suggests practical opportunities for students, law schools, providers of practical legal training, and regulation to better inculcate law students with the pro bono ethos, and to enhance the ethical value of lawyers providing ‘public service’.

The paper examines what we might mean by the pro bono ethos, the current ways that this issue is approached in Australia and compares student pro bono, clinical legal education’ pre-admission rules, and other initiatives in the USA, Canada and the UK, as well as the Australian regulatory framework, to arrive at conclusions about opportunities for change.
The Sharing of Abhorrent Violent Materials Act: The realities and implications of Australia’s new laws regulating social media companies
Authors: Valcic Jasmine
Published: June 2021

On 15 March 2019, a Facebook Live video was broadcast from Christchurch, New Zealand, documenting a terror attack which resulted in the death of fifty-one people. This attack highlighted a weakness in social media protections and a gap in legislation globally. In response, the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) seeks to make internet service and social media providers accountable for the removal of abhorrent and violent content. This legislation sent waves through the international community, attracting criticisms for its fast adoption, perceived unrealistic obligations and harsh penalties, as well as its broad extraterritorial reach. This article will explore these criticisms. It asks, how is the Act exercising extraterritorial jurisdiction? Is there an unrealistic burden created? And if there is a breach, who will be charged? The article concludes that if these challenges are not adequately addressed, the Act will not only fail to achieve its goal of reducing the accessibility of abhorrent violent material, but will also pose a serious threat to the protection of human rights.
For What Purpose? The Australian Government and the Use of Creative Commons Licences
Authors: Thampapillai Dilan
Published: June 2021

The Australian Government has overwhelmingly adopted the use of Creative Commons licences to facilitate the dissemination of public sector information. However, very little is understood about the consequences in law and policy of using CC licences online on a mass scale. This article considers whether the Australian Government’s use of CC licences goes beyond a mere permission to use and tends towards contract. The Government might intend that the CC licences be no more than a conditional promise, but the obsequious nature of contract law makes it quite possible that a browsewrap agreement exists in this context. Further, this article considers how the Australian Government is actually using CC licences and questions whether the endeavour is ultimately worthwhile.
The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong
Authors: Pascoe Daniel
Published: June 2021

Criminal law syllabi throughout the common law world, including in Hong Kong, primarily focus on homicide, other violent offences, sexual offences, and property offences – offences typically categorised as mala in se (evil in and of themselves). They do this largely for traditional reasons – because these are the crimes which the syllabus has always focused on. Yet this is not what criminal law practice really looks like, whether in the courtroom or in advising clients. This research study utilises data on crime prevalence in Hong Kong as well as a self-reporting survey of criminal law practitioners in an effort to more closely align the LLB/JD criminal law teaching syllabus with the present and future realities of legal practice in Hong Kong, at least in terms of the specific offences covered. The empirical findings suggest that legal educators in Hong Kong ought to consider adding drugs, driving, regulatory and ‘white collar’ offences to the criminal law syllabus, while removing homicide and sexual offences entirely. These new inclusions serve as sufficiently nuanced illustrations of the general principles of criminal liability, help students to develop a critical perspective towards crime and criminalisation, while being frequently encountered in local criminal practice.
Bitcoin: Where Two Worlds Collide
Authors: Marshall Russ
Published: June 2021

There are over 275 virtual currencies in existence today. One of these currencies is Bitcoin, the largest andmost recognised virtual currency in the world. With its exponential growth over recent years, Bitcoin isbringing a degree of permanence for, and dependability on virtual currencies that can no longer be ignored byregulators. While an increase in international regulatory activity over the past 12 months suggests that somegovernments understand this, Australian regulators appear reluctant to act. In addition to examining Bitcoin’soperational system in detail, this article examines the affect that Bitcoin is having on two key features of thefinancial system: (1) the money laundering and illicit finance supply system; and (2) the payment system. Bycomparing the effectiveness of the response measures enacted by Australian and international regulators inCanada, Singapore, the United States, and the United Kingdom, this article demonstrates that even thoughAustralia’s current payment system policy is capable of addressing the threats posed by virtual currencies, thecurrent money laundering and terrorist financing regulations fail to satisfy Australia’s international obligations,and stifle the legitimate use and development of virtual currencies in Australia.
Trial by Motive
Authors: Field David
Published: June 2021

This article examines the implications of the High Court ruling in The Queen v Baden-Clay(‘Baden-Clay’)1 for future murder accused with strong motives for killing their spouses who deny all knowledge of their deaths. The article argues that apart from underlining the risk run by any criminal accused who opts to remain silent at their trial, the reasoning of the Court has left open the possibility that a conviction of murder could become a ‘default’ verdict under Queensland law in the absence of clear evidence of manslaughter, once the act of homicide has been proved. It has also provided a ‘pro-Crown’ precedent for future cases in which a conviction may be obtained by means of items of purely circumstantial evidence, not all of which are established beyond reasonable doubt.
Collaborating with Students to Create Law Assessment: A Case Study
Authors: Deagon Alex
Published: June 2021

Many students are driven by their perceptions of assessment, and consequently, assessment can be used as a tool to enhance the learning process. The increased focus on student-centred learning in this context has resulted in student involvement in assessment. However, the literature in law focuses primarily on self-assessment and peer assessment, or criteria and marking, rather than student involvement in the creation of assessment content. This article investigates collaborative assessment in the context of legal education by undertaking a case study of staff collaborating with students to create the content of assessment in the undergraduate law subject ‘Evidence’ at the Queensland University of Technology. The case study found through surveys that when students have a degree of choice in the creation of assessment, they feel more confident, engaged and motivated to complete the assessment. Students felt this enhanced their learning experience. This study adds to the literature on student involvement in assessment by specifically considering collaborative assessment in law, which can then inform teaching practices with the aim of enhancing the learning experience for students.
Foreword
Authors: Ireland-Piper Danielle
Published: June 2021

The theme of this edition, ‘The Law and Politics of Control and Power’, is drawn from the 2017 Interdisciplinary Conference of the Global and Comparative Law and Policy Network (then known as the Transnational, International and Comparative Law and Policy Network) held at Bond University, Australia. Many of the papers included here had their genesis at that event. Bond University is situated on the traditional lands of the people of the Yugambeh language group and, to that end, sincere acknowledgements are offered to the traditional custodians, as are deepest respects to elders past, present and emerging.
Comparing an Apple with a Pear? The Australian Immunity Program and the Chinese Leniency Program
Authors: Feng Jinheng , Fang Xiaomin , Lo Vai Io
Published: June 2021

The US introduced the cartel leniency program in 1978. In the past two decades, there has been a surge in the implementation of leniency programs in more than sixty jurisdictions. Although there have been numerous scholarly discussions to support the cartel leniency program, inconsistent views exist among different jurisdictions and stakeholders as to the effectiveness of the leniency program in practice. In evaluating new leniency programs, scholars and commentators have typically referred to the US and the EU models as benchmarks, but little attention has been paid to the question of whether it is desirable to apply these models in designing various leniency programs in different jurisdictions and societies. Given that Australia has recently revised its cartel immunity program for the third time, and that China’s competition authorities have proactively relied on the leniency concept to combat cartels in the past few years and are currently drafting a guideline for more effective implementation of the cartel leniency program, the time is now ripe for an apple-versus-pear comparison of these two immunity/leniency programs so as to provide more insights into the different institutional designs of immunity/leniency programs.
Preface: The evolving roles of Attorneys-General and Solicitors-General
Authors: Field Iain , Keyzer Patrick
Published: June 2021

This is a collection of papers that were prepared to coincide with a symposium of AustralianSolicitors-General convened by the Centre for Law, Governance and Public Policy at Bond University in April2011. A small group of public law scholars with an interest in this topic were invited to prepare short papersthat traversed the history and evolution of the law officer role in jurisdictions of their choice. The result is thissymposium edition of the Bond Law Review.