This dissertation examines whether the regulation of the franchise sector is effective in achieving two of the stated goals of the Franchising Code of Conduct. These two goals are redressing the imbalance of power in the relationship and increasing levels of certainty for participants in the sector. Based on the ‘new learning’ in regulation, this dissertation takes an expansive approach to the concept of regulation. It considers how, in a ‘multi-layered system of governance’, the layers of regulation of the franchising sector contribute to these goals. The results of the analysis suggest that private, self-regulation through the layers of market and contract sets up a relationship where there is an imbalance of power in favour of a franchisor and uncertainty for a franchisee. The market interaction between the parties establishes these conditions, which are reinforced by the contract, in particular by the interaction of the standard form and relational qualities of the contract. A public layer of governance, direct intervention in the form of the Franchising Code of Conduct, relies largely on selfregulatory tools such as disclosure and is also ineffective in addressing the imbalance of power in the relationship and in increasing levels of certainty for franchisees. Because neither self-regulatory mechanisms nor legislative intervention achieves the stated goals of redressing imbalance of power and uncertainty in the franchise relationship, the analysis concludes that a reframing of regulation is necessary. The recommended revised regulatory program features collaborative, participative, democratic process to gather and assess good measurements that inform the identification of problems and the selection of tools appropriate to address those problems.

Judicial enforcement of arbitral awards is necessary where there is no voluntary compliance by the relevant parties. Courts world-wide may refuse to enforce arbitral awards if such enforcement would be contrary to the public policy of their countries. This is known as ‘the public policy exception to the enforcement of arbitral awards’. It is enshrined in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration 1985 (Model Law), which are two of the most prominent international instruments in promoting and regulating international commercial arbitration.The public policy exception is one of the most controversial exceptions to the enforcement of arbitral awards, causing judicial inconsistency and therefore unpredictability in its application. It is often likened to an ‘unruly horse’, which may lead us from sound law. The International Law Association’s Resolution on Public Policy as a Bar to Enforcement of International Arbitral Awards 2002 (ILA Resolution) endorses a narrow approach to the public policy exception – namely, refusal of enforcement under the public policy exception in exceptional circumstances only. The ILA Resolution seeks to facilitate the finality of arbitral awards in accordance with the New York Convention’s primary goal of facilitating the enforcement of arbitral awards. The courts of many countries refer to this as the New York Convention’s ‘pro-enforcement policy’, which demands a narrow approach to the public policy exception.This thesis explores the main controversies and complexities in the judicial application of the public policy exception from an Australian perspective. It is a critical analysis of the prevalent narrow approach to the public policy exception. It examines the extent of the ILA Resolution’s suitability and applicability in Australia, considering past problems experienced by the courts of other countries, the distinctive features of the Australian legal system, and future challenges confronting the Australian judiciary. It examines when and how the Australian judiciary may need to swim against the tide by departing from the narrow approach to the public policy exception. For instance, such departure may be appropriate for ensuring that their application of the public policy exception neither causes nor condones injustice, and thereby preserves the integrity and faith in the system of arbitration. The author’s perspective throughout this thesis is that of an academic lawyer, as she has not had the benefit of practical experience in this area of the law.The recommendations throughout this thesis are tailor-made for the Australian judiciary. They are Australian in perspective yet international in character. They canvass certain issues not addressed in the ILA Resolution, encouraging the Australian judiciary to participate in the ongoing debate and the ultimate resolution of those issues. In doing so, this thesis contributes to refining the judicial application of public policy in determining the enforceability of arbitral awards. The public policy exception to the enforcement of arbitral awards, or its application, need not be an unruly horse in Australia.“This version contains corrections of typographical errors identified in the original version of the thesis submitted for completion of the SJD program”.

This dissertation examines whether the regulation of the franchise sector is effective in achieving two of the stated goals of the Franchising Code of Conduct. These two goals are redressing the imbalance of power in the relationship and increasing levels of certainty for participants in the sector. Based on the ‘new learning’ in regulation, this dissertation takes an expansive approach to the concept of regulation. It considers how, in a ‘multi-layered system of governance’, the layers of regulation of the franchising sector contribute to these goals. The results of the analysis suggest that private, self-regulation through the layers of market and contract sets up a relationship where there is an imbalance of power in favour of a franchisor and uncertainty for a franchisee. The market interaction between the parties establishes these conditions, which are reinforced by the contract, in particular by the interaction of the standard form and relational qualities of the contract. A public layer of governance, direct intervention in the form of the Franchising Code of Conduct, relies largely on selfregulatory tools such as disclosure and is also ineffective in addressing the imbalance of power in the relationship and in increasing levels of certainty for franchisees. Because neither self-regulatory mechanisms nor legislative intervention achieves the stated goals of redressing imbalance of power and uncertainty in the franchise relationship, the analysis concludes that a reframing of regulation is necessary. The recommended revised regulatory program features collaborative, participative, democratic process to gather and assess good measurements that inform the identification of problems and the selection of tools appropriate to address those problems.

Master of Science / Department of Architectural Engineering and Construction Science / Kimberly W. Kramer / Building Information Modeling (BIM) is altering the way that the construction industry is developing design documents by involving all members of the design team as well as the general contractor early in the design process. The members are encouraged to offer advice on the design and constructability on the project. However, not only is the design process changing, but the liability and responsibility of each team member is changing as well. The alteration in responsibility can severely impact structural engineers because of the level of responsibility already associated with their role in the design process. This report looks at the concerns industry leaders and legal professionals have with how BIM is altering the liability landscape, such as standard contracts, software interoperability, data misuse, intellectual property, loss of data, the legal status of the model, the standard of care, and design delegation. In addition to the liability concerns, this report examines the steps that industry leaders have taken to prevent any unnecessary additional liability from affecting structural engineers.

This thesis examines the balance between copyright owners and users by studying the nature of the rights and exceptions related to transmission of copyrighted works over the internet, focusing on three different jurisdictions: Australia, Japan and the United States.The choice of Japan and the United States is based on consideration of the following elements: 1. Both countries possess advanced information technology; 2. Both countries too the lead in legislating for copyright protection in the digital environment; 3. Both countries have different legal systems. In the matter of statutory reaction of transmission of works over the internet, there is no uniform solution around the world as the divergent laws in the three chosen countries demonstrate.

This thesis examines the Russian Constitution 1993 and the legislation flowing from it against the background of the former (Soviet) constitutions and international human rights instruments at the beginning of Russia’s path towards democratization.Research for the thesis was conducted over a period of four years (1998 - 2002) during particular political and economic instability in the country following the financial crisis of 17 August 1998.A review was conducted of Russian laws that aim to protect, what are arguably the most fundamental rights of any democratic constitutional system - civil rights. Unlike political rights (which relate to the system of government), civil rights are the rights to liberty and equality granted to citizens of a country.The civil rights enumerated in this thesis are known as ‘natural’ rights, and include the right to life; right to personal inviolability, right to privacy; right to dignity and good reputation; the freedom of information, movement, religion, language and nationality. These rights, are also referred to as ‘personal civil rights’, which is the term used in this thesis.The thesis presents a critical analysis of personal civil rights proclaimed in the Russian Constitution, demonstrating that although their articulation accords with international standards, there are obvious problems associated with economic and political factors that limit their enjoyment by Russian people.Most of the research for this thesis was conducted in Russia, providing a specific insight into the political, social and economic peculiarities (such as enduring totalitarian idiosyncrasies, and a prevailing context of corruption) the full extent of which is difficult to perceive from outside the country. Since, these peculiarities have a direct influence on the administration of justice in Russia, the thesis refers to local literature sources that contain an intimate knowledge of the effect of these factors on Russia’s current legal system.Chapter 1 of the thesis discusses the history and modern understanding of personal rights, as well as relevant parts of the current Russian Constitution, including how these differ from the previous constitutions. Subsequent chapters (2-9) discuss selected personal civil rights, which are particularly important in the context of Russian social, political, economic and legislative development; namely the rights to life and personal inviolability, privacy, dignity; and the freedom of information, movement, language nationality and religion,. These rights are at the core of any democratic constitutional system as they are essential in securing fundamental human freedoms.The Conclusion then summarizes the extent to which the personal civil rights proclaimed by the Russian Constitution are enjoyed by Russian people in light of Russia’s present political and economic reality. For most of the rights discussed, specific problems are identified and suggestions made as to what measures may be taken in order to overcome them.

This thesis examines the Russian Constitution 1993 and the legislation flowing from it against the background of the former (Soviet) constitutions and international human rights instruments at the beginning of Russia’s path towards democratization.Research for the thesis was conducted over a period of four years (1998 - 2002) during particular political and economic instability in the country following the financial crisis of 17 August 1998.A review was conducted of Russian laws that aim to protect, what are arguably the most fundamental rights of any democratic constitutional system - civil rights. Unlike political rights (which relate to the system of government), civil rights are the rights to liberty and equality granted to citizens of a country.The civil rights enumerated in this thesis are known as ‘natural’ rights, and include the right to life; right to personal inviolability, right to privacy; right to dignity and good reputation; the freedom of information, movement, religion, language and nationality. These rights, are also referred to as ‘personal civil rights’, which is the term used in this thesis.The thesis presents a critical analysis of personal civil rights proclaimed in the Russian Constitution, demonstrating that although their articulation accords with international standards, there are obvious problems associated with economic and political factors that limit their enjoyment by Russian people.Most of the research for this thesis was conducted in Russia, providing a specific insight into the political, social and economic peculiarities (such as enduring totalitarian idiosyncrasies, and a prevailing context of corruption) the full extent of which is difficult to perceive from outside the country. Since, these peculiarities have a direct influence on the administration of justice in Russia, the thesis refers to local literature sources that contain an intimate knowledge of the effect of these factors on Russia’s current legal system.Chapter 1 of the thesis discusses the history and modern understanding of personal rights, as well as relevant parts of the current Russian Constitution, including how these differ from the previous constitutions. Subsequent chapters (2-9) discuss selected personal civil rights, which are particularly important in the context of Russian social, political, economic and legislative development; namely the rights to life and personal inviolability, privacy, dignity; and the freedom of information, movement, language nationality and religion,. These rights are at the core of any democratic constitutional system as they are essential in securing fundamental human freedoms.The Conclusion then summarizes the extent to which the personal civil rights proclaimed by the Russian Constitution are enjoyed by Russian people in light of Russia’s present political and economic reality. For most of the rights discussed, specific problems are identified and suggestions made as to what measures may be taken in order to overcome them.

Master of Regional and Community Planning / Department of Landscape Architecture/Regional and Community Planning / John Keller / The purpose of this thesis is to discover whether disability access regulations are being met and whether the regulations fulfill their intended purpose. Is Kansas State University Campus in Manhattan, Kansas ADA compliant (follows the current law) and convenient (user-friendly)? This inquiry can be split into two research questions: (1) Do the main entrances (entry experience being the sidewalk, ramp, and door) to buildings on the Kansas State University campus comply with current ADA guidelines? (2) Do students on campus find the access to these buildings user-friendly? This study has two main questions, and therefore multiple research methodologies: a focus group, audit, and guided activity. The focus group was made up of physically disabled students at KSU who are therefore familiar with access on the campus. The second method involved a yes-no checklist to test whether the buildings meet code. The third involved disabled and non-disabled students using a wheelchair for a day, with post-event survey to test public opinion of access on campus. My hypothesis anticipated that Kansas State University is code compliant, but not user-friendly. The conclusion is that no structure is fully sidewalk/ramp/door compliant, but two structures’ doors are fully compliant. According to the audit: ramps are mostly not needed (only 35 percent of structures need a ramp), sidewalks are 66 percent compliant, and doors are 63 percent compliant. According to the survey: doors are in the best condition, with ramps next, and sidewalks last. When comparing the checklist (compliance) and survey (convenience) results, sidewalk results were different, the ramp results were non-conclusive, and the door results were similar. This means that sidewalks meet code, but people do not find them accessible. Because ramps are not always needed, it made the checklist and survey difficult to compare. The analysis did not result in a clear “Similar” or “Different” result, therefore the comparison was non-conclusive. Doors were in the best condition on the checklist, and most people felt they were in good conditions. The application of this project allows other universities and communities to test whether their structures adequately provide access to students with a disability in a way that is user-friendly.

The aims of this thesis are to determine to what extent the Crown remains important as a source of legitimacy for the constitutional order and as a focus of sovereignty; how the Crown has developed as a distinct institution; and what the prospects are for the adoption of a republican form of government in New Zealand. The imperial Crown has evolved into the New Zealand Crown, yet the implications of this change are as yet only slowly being understood. Largely this is because that evolution came about as a result of gradual political development, as part of an extended process of independence, rather than by deliberate and conscious decision. The continuing evolution of political independence does not necessarily mean that New Zealand will become a republic in the short-to-medium term. This is for various reasons. The concept of the Crown has often been, in New Zealand, of greater importance than the person of the Sovereign, or that of the Governor-General. The existence of the Crown has also contributed to, rather than impeded, the independence of New Zealand, through the division of imperial prerogative powers. In particular, while the future constitutional status of the Treaty of Waitangi remains uncertain, the Crown appears to have acquired greater legitimacy through being a party to the Treaty. The expression of national identity does not necessarily require the removal of the Crown. The very physical absence of the Sovereign, and the all-pervading nature of the legal concept of the Crown, have also contributed to that institution's development as a truly national organ of government. The concept of the Crown has now, to a large extent, been separated from its historical, British, roots. This has been encouraged by conceptual confusion over the symbolism and identity of the Crown. But this merely illustrates the extent to which the Crown has become an autochthonous polity, grounded in our own unique settlement and evolution since 1840. Whether that conceptual strength is sufficient to counterbalance symbolic and other challenges in the twenty-first century remains uncertain. But it is certain that the Crown has had a profound affect upon the style and structure of government in New Zealand.

The aims of this thesis are to determine to what extent the Crown remains important as a source of legitimacy for the constitutional order and as a focus of sovereignty; how the Crown has developed as a distinct institution; and what the prospects are for the adoption of a republican form of government in New Zealand. The imperial Crown has evolved into the New Zealand Crown, yet the implications of this change are as yet only slowly being understood. Largely this is because that evolution came about as a result of gradual political development, as part of an extended process of independence, rather than by deliberate and conscious decision. The continuing evolution of political independence does not necessarily mean that New Zealand will become a republic in the short-to-medium term. This is for various reasons. The concept of the Crown has often been, in New Zealand, of greater importance than the person of the Sovereign, or that of the Governor-General. The existence of the Crown has also contributed to, rather than impeded, the independence of New Zealand, through the division of imperial prerogative powers. In particular, while the future constitutional status of the Treaty of Waitangi remains uncertain, the Crown appears to have acquired greater legitimacy through being a party to the Treaty. The expression of national identity does not necessarily require the removal of the Crown. The very physical absence of the Sovereign, and the all-pervading nature of the legal concept of the Crown, have also contributed to that institution's development as a truly national organ of government. The concept of the Crown has now, to a large extent, been separated from its historical, British, roots. This has been encouraged by conceptual confusion over the symbolism and identity of the Crown. But this merely illustrates the extent to which the Crown has become an autochthonous polity, grounded in our own unique settlement and evolution since 1840. Whether that conceptual strength is sufficient to counterbalance symbolic and other challenges in the twenty-first century remains uncertain. But it is certain that the Crown has had a profound affect upon the style and structure of government in New Zealand.