Privatization of Juvenile Facilities Essay Example | Topics and Well Written Essays - 1000 words

Privatization of Juvenile Facilities - Essay Example This represented over 30,000 juvenile offenders (Bayer, & Pozen, 2003). In 1974, Congress passed the Juvenile Justice and Delinquency Prevention Act which encouraged the community to develop reasonable alternatives to incarceration. This request saw the adoption of privatization as an appropriate mechanism that could be used for deinstitutionalization. As a result, by 1990, nearly 90 % of states had a minimum of one contract with a private corporation that was non profit. On the other hand, 60% of states had a minimum of one contract with a private corporation for profit to operate a facility for juveniles. Due to the overcrowding experienced in prisons, high costs of operating prisons, and the high cost of building new prisons, many states find privatization a viable option. The issue of privatization of juvenile facilities raises certain important issues. If a state were to privatize its juvenile facilities, which component of the facilities will be most effectively privatized? Suc h that the negative impact of privatization is minimized. Armstrong (2001) notes that the government or the state must retain and continue funding the costs that are associated with incarceration of the delinquents. The private corporation on the other hand, should take care of the programmatic and custodial managerial services. This is an effective approach as it allows the private sector to handle issues that are less sensitive. The state continues to meet the direct costs of incarcerated delinquents. This way the incarcerated juveniles will be able to access critical services like educational programming and quality nutrition. Many of the private corporations are out to make profits. Privatization of the costs of incarceration of the delinquents will see incarcerated delinquents being deprived of essential services as observed in the Oklahoma example. The Office of Juvenile Affairs contracted a for- profit private corporation. This contract was terminated in the year 2002 after c oncerns were raised about the operations of the juvenile facility. The contract was also terminated in an effort to cut down the budget of the Office of Juvenile Affairs. The OCCY (Oklahoma Commission on Children and Youth) raised concerns about the absence of educational programs and proper nutrition for the juveniles (Office of Juvenile Affairs, 2010). The state stands a better chance to effectively manage juvenile facilities. This is because the state is a non profit organization that will emphasize on delivering the essential services to the incarcerated juveniles as opposed to maintaining the bottom line and cutting costs at the detriment of the incarcerated juveniles. Today, it is a fact that many states consider privatization of juvenile facilities a viable option. Despite the negative aspects closely associated with privatization of these facilities, states continue to privatize the facilities in an effort to reduce overcrowding and minimize operation costs. What can then be done to ensure that the interests of the public are preserved by the privatized juvenile facilities? One good and effective approach is the setting up of a state agency mandated with the constant evaluation and monitoring of state juvenile facilities and the juvenile programs. These agencies will have the ability to conduct random visits to the privatized juvenile facilities and assess conditions of the facilities and state of juveniles and staff. In this way,

Should drivers of automobiles be prohibited from using cellular phones Essay - 1

Should drivers of automobiles be prohibited from using cellular phones - Essay Example (Lissy et al p. 67) A study has been published in the Journal of Experimental Psychology and this study lends credence to this position. It showed that a subject engaged simultaneously in driving and a verbal task (repeating the words of the experimenter) visually scanned a much smaller area outside of the vehicle than when not engaged in such a secondary task (Recarte & Nunes p. 31-42). Performing simple spatial imagery tasks while driving (e.g., mental rotation of letters) caused the scanned area to shrink even more. Critics cite this study (among many others) to buttress the position that any task which significantly occupies a driver's mental resources (such as talking on a cellular phone) may have a negative impact on safety (by making the driver less likely to notice unexpected events) and, thus, should be addressed by legislation. Driver distraction is a definite problem in terms of its impact on safety. National Highways Traffic Safety Administration (NHTSA) estimates that 25 percent of traffic accidents involve at least some degree of distraction on the operator's part, although only a small fraction of these involve the use of cellular phones. (Dreyer et al p. 1814) Driver distraction is a long-standing concern, one that has been debated for more than 90 years.

Humanism and Marxist Theory in Geography

Humanism and Marxist Theory in Geography Humanism and Marxist Theory in Geography; how it differs from Positivism. Philosophical ways of knowing cannot be avoided when research is being conducted in geography. Philosophy is used as a way communication between what we know and how we know it. It helps put into context and justify answers regarding research questions; therefore it is used widely throughout geography (Aitken and Valentine, 2006). Up until the 1950s, geography was in actual fact detailed in nature, as it examined patterns and processes, usually on a regional bias, when trying to understand specific places (Aitken and valentine, 2006). However after the 1950s, numerous geographers such as Schaefer started â€Å"to argue that geographical research needed to become more scientific in nature† (Schaefer, 1953). It was then that Comte (1798-1857) formed the theory of positivism (Kitchin and Tate, 2013). Unwin (1992) noted that Comte used the â€Å"term ‘positive’ to refer to the actual, the certain, the exact, the useful and the relative rather than the imaginary, the undecided, the imprecise, the vain and the absolute† (Unwin, 1992). In Comte’s positivism he stated that the formulation of theories should be experimented by and proven using certain methods that provide â€Å"society with knowledge so that speculation could be avoided† (Kitchin and Tate, 2013). In Geography, positivism was implemented so that the principles of science could be applied to geographic understanding (Aitken and Valentine, 2006). â€Å"The positivist approach requires experience to be verified rather than just simply presented as fact† (Johnston, 1986a) and there are various versions of positivism. Positivism can be separated into two methods of thought: logical positivism regarding verification and critical rationalism which regards falsification (Kitchin and Tate, 2013). â€Å"Logical positivism was first developed by the Vienna Circle in the 1920s and 1930s† (Holt-Jensen, 1988) but Schaefer supported the development of a logical positivist approach within geography. Critical rationalism was developed by Karl Popper as a different method than logical positivism. Popper disputed that the validity of a law did not relay upon how many times it was examined or proven, but instead relies on whether it can be falsified (Kitchin and Tate, 2013). Popperà ¢â‚¬â„¢s approach of critical rationalism was highly criticised (Sayer, 1992) and therefore many human geographers have not adopted his theory (Gregory, 1986b). Within geography positivism is closely connected with quantitative methodologies which came about in the late 1950s after geography was involved in a quantitative uprising; as geographers wanted to â€Å"replace description with explanation, individual understanding with general laws, and interpretation with prediction† (Unwin, 1992). Consequently, in the 1970s the implementation of positivism came under attack with new modes of explanation being established as a reaction to positivisms growing use in geography. However, quantitative methodologies are not just used by positivists and the use of these methods does not ensure a piece of research positivistic in nature. It is in fact the implementation of the hidden fundamentals of impartiality and explicit logic (Kitchin and Tate, 2013). Humanistic geography was one of two key 1970s rational developments that formed out of a discontent with positivism (Aitken and Valentine, 2006). â€Å"The second was regarding social purpose and politics that took its most coherent form in Marxism† (Harvey, 1973). Humanistic geography illustrates the significance of individuals’ experiences, beliefs and attitudes when constructing opinions that we make and in our engagement with the world. The importance within humanistic geography has regarded â€Å"exposing meaning, values and interpretations in order to incorporate a more complex understanding of human reality into geography† (Aitken and Valentine, 2006). Humanism believes that humanity acquires a common excellence, and that this excellence is evident in human individuals, human interests, and human works. â€Å"Humanism elaborates this dogma of human dignity in four important ways: metaphysical humanism, topical humanism, methodological humanism, and philanthropic humanism† (Smith, 2009). The particular focal point in humanistic geography is the topic of conflict between other methods that require â€Å"emphasizing how individuals’ choices are forced by social structures such as Marx’s capitalism, and with this have attempted to tease out the complex relationship between agencies and structure† (Aitken and Valentine, 2006). Humanists presuppose that humans are intricate beings that do not essentially act in ways that are easy to represent. Therefore in relation to geographical research, humanistic geographers â€Å"proposed the adoption of geographical enquiry that was sensitive to capturing the complex lives of people through in-depth, qualitative studies† (Aitken and Valentine, 2006). Though methodological humanist is typically antipositivist, coincidentally in this sense the word humanist may very often be strongly linked to positivism and science when conducting geographical research (Smith, 2009). This is because many humanists state to be unbiased and impartial, with their research having no social position, a lot like positivists (Kitchin and Tate, 2013). Therefore positivism and scientific views were seen as the logical part of humanistic evaluations that purely provide qualitative data in which quantitative classification can be built (Aitken and Valentine, 2006). Humanists stated that the experimental scientist may be able to explain the objective world, and even human consciousness (Smith, 2009). On the other hand the positivist tries to â€Å"objectively study conditions using empirical measures; whereas humanists place more emphasis on subjective experiences, values and opinions and this is where conflict began (Kitchin and Tate, 2013)† therefore humanists believe that it is only them, using the humanistic tools of understanding, explanation and critical analysis, can expect to ‘understand’ the impartial world and human consciousness as they appear (Smith, 2009). Also according to the new humanistic geographers, positivist geographers dehumanized individuals by stating that they were passive agents of social, psychological, and economic forces. These forces, according to positivists, caused individuals to act in expected ways, and a growing and logical society seeks to control individual manners indirectly, through modulation of these forces. â€Å"As well as this it was argued that positivism not acknowledge people’s beliefs, values, opinions, feelings and so on, in shaping everyday geographies† (Aitken and Valentine, 2006).Therefore, against this view a different image was raised by humanistic geographers, which involved individuals deliberately acting on the base of reason that they considered where in the â€Å"light of their own intentions, interests, and values† (Smith, 2009). All in all, humanistic geographers insist that humans are free, decision-making beings, â€Å"in part because this fit more closely to the first-person perspective of the humanities, but also because it gave them reason to hope that people could choose to change† (Smith, 2009) and in this sense humanism is very much linked to Marxism in geography. Marxists approaches within geography arose at roughly the same time as humanistic approaches, and likewise was a reaction in opposition to the growth of positivism within geography. â€Å"Humanistic approaches criticized positivism because of its disregard of human agency, whereas Marxists argued that it failed to recognise the effects of social, economic and political structures in creating spatial patterns† (Cloke et al., 1991; Kitchin and Tate, 2013). Further, Marxism suggested that positivism limited examination to how things really seemed to be, rather than allowing for how they might be under different social circumstances and how it did not take into account of processes of originality and independence among individuals (Cloke et al., 1991). The Marxist geographers’ purpose was to bring some of the opinions and examination of Marxism into geographical thought. Marxism itself existed as theory since its development by Karl Marx in the 19th century (Johnston et al., 2000) but until the 1970s it had not been significant in geography (Cloke et al., 1991). Marxist geography talks in terms of ‘modes of production’ such as feudalism, capitalism and socialism. Marxism largely targets the capitalist mode of production and recognizes the need for a constant flow of capital with profit as its main purpose. â€Å"In order to do this Marxists suggest that we need to consider how conditions might be under difficult social conditions to highlight how society operates (Kitchin and Tate, 2013)† and also that there must be a constant growth of the value of products produced in order for this flow of capital to be maintained and thus lead to ‘economic growth’. Marxist geography was also interested in how under different social circumstances geographies alter and wanted to have an involvement towards these changes and thus did not just suggest the cause of geographical patterns that lay within capitalist socio-economic systems. â€Å"Marxist geography was therefore not just about understanding the world but also about changing it† (Harvey, 1985b). Undeniably change is significant to the Marxist theory and Marxist geography now assumes that conditions continuously change rather than assuming economic conditions remain constant when decisions are made (Holloway et al., 2003). As seen throughout this essay, positivism has been widely criticized for a number of reasons, and therefore led to the development of humanism and Marxism. However these two have also had certain criticisms. For instance, Marxism was criticized for the ethnocentric nature, for the passive role administered to its individuals, for its obsession with class and industry and its abandonment of environmental issues. Whereas critics found humanism to be a â€Å"diffuse target, that emphasized the relatively neglected tie of geography to the humanities and the ideals of liberal education† (Entrikin, 2001). Even with these criticisms for some geographers the only way to tackle issues in positivism is to turn to radical theories such as Marxism and due to the fact that this generation seems to be more interested in â€Å"esthetics, human values, and ‘lifestyle’ than with social ‘laws’ that a humanistic approach may prove more congenial to the coming generatio n† (Smith, 2009). Despite the criticism towards the positivist reasoning, implicit positivism is still used strongly within human geography (Aitken and Valentine, 2006).

Grant :: essays research papers

The American Cancer Society Youth Initiative Cancer Prevention and Youth For the first time in recorded history, children are less healthy than their parents were at the same age. According to the most recent Youth Risk Behavior Survey conducted by the Centers for Disease Control, youth tobacco rates are at an all time high among high school students (28.5%), only 21.4% of youth report eating five servings of fruit and vegetables daily, and only 32.2% of these youth report participation in daily physical exercise. It is now a widely accepted notion that much of the risks of cancer can be reduced through healthy behaviors and that cancer is mostly a preventable disease. In fact, research shows that nearly two-thirds of all cancers may be prevented by reducing tobacco use, increasing physical activity and changing nutrition behaviors. It is the belief of many experts that these health behaviors are ultimately learned as children and youth. The American Cancer Society is dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research, education, advocacy and service. To achieve the goal of reducing cancer incidence and mortality, we must commit ourselves to a strategic and integrated approach to cancer prevention and influence the healthy choices that youth make while they are open to learning and change. Youth Programs at the American Cancer Society The Northwest Division of the American Cancer Society, serving Washington, Oregon, Montana, and Alaska, began to formalize its cancer prevention youth activities in 1998 through a program titled Speak Out! These programs and activities began with a primary focus on preventing and reducing tobacco use among youth and served overall approximately 450 youth and 110 adult mentors annually, the majority (85%) from Washington State. Speak Out! activities continue today and include Speak Out! Summer Summit, a week-long youth leadership and advocacy training program for high school aged youth. Youth are trained in team-building, leadership skills, planning skills and advocacy techniques to learn how to mobilize peers and communities to prevent tobacco use. In addition to Summer Summit, youth programs originally designed included 6 workshops spread out over four days. These annual workshops continue today and provide education, information and the tools to assist youth and adult leaders in their efforts to build effective youth coalitions and community partnerships to support tobacco prevention and advocacy efforts. This year (2003) we plan to add advanced-track programs and offer a total of 12 workshops.

Effect of Drum Pad Machines on Today’s Musicians and their Performances Essay

The chief use of drums and percussion keeps a song’s rhythm intact. Under a layering series of melodies and additional harmonies, the direction in varying yet calculated overall tempo of a song is maneuvered through as the percussionist’s prerogative changes. The natural pulse of the song is kept by the musical intelligence quotient through the musician’s ear. But with the ever-enduring evolution of technology in music and vice-versa, electronic percussion equipment and devices have boomed through different artists’ musical expression and have impacted diverse evolution among genres, especially and significantly on live performances. It seems like the powerful beats and thumps of a traditionally played drum kit have indeed found a rival in loops and grooves of electronic percussion. It can be argued that, with the introduction of this, specifically with drum pads, machines, and software, it has an effect on live music which somewhat eliminates a key human contributory component integral in percussions to song and performance. Effects of Drum Pad Machines on Today’s Musicians and their performances In every live musical performance, the percussion element of the music being delivered by a musician or group of musicians fundamentally serves as the pulse and momentum for a song, and the song changes as the performance develops. Moreover, it considerably serves as the main musical queue as the pace of the song slowly builds up for an array of artistically audible outbursts or surprisingly dies down for a more instant tone-tempo change effect as required in a performance—adding sense of presentation and colorful musical tones within. In this generation’s music scene, the rise of drum pad machines have ushered in electronic loops and grooves for musicians’ convenience in song composition, song rehearsals and more importantly, even upon live performances. Definition of a Drum, Drum Kit, and Drum Pad Machine The most common image of a drum or any form of drums of which many hold could be believed to be anything that is round, and as a series of striking motion hits are applied to, sound is produced. Though this is somewhat true from what truly a drum is, it is not completely accurate. As explained by Drumdojo. com (2008): A drum is any cylindrical object (shell) or object with an open top that has a membrane normally called a head or skin stretched across it, this is known as a membranophone. The drum is struck on the membrane to produce a tone (n p. ). In a drum kit, which is traditionally and mainly used by drummer-musicians in live bands and performances as the main provider for a song’s percussion ingredients, it essentially consists of â€Å"percussion instruments generally including but not limited to bass drum, operated with a foot pedal, snare drum, cymbals, and toms† (Drumdojo. com, 2008, n p. ). A drum machine is basically considered to be an electronic musical gadget, the main purpose of which is to mimic a traditional drums kit—from every single instrument belonging to a kit and with every single sound it is capable of producing. Effects of Using Drum Pad Machines Live Despite the certain differentiations between drum pad machines and traditional percussion instruments such as a drum set, the option of choosing to use a drum pad machine truly lies within the motive and intent of various artists and their expression amongst genres. However, one must understand that with a drum pad machine, there are certain overlooked limitations it holds which in turn constrain the artists’ over-all performance. Since a drum pad machine is a developed piece of technology, a mechanical gadget and a traditional drum kits is crafted through key specifications of size, material, and everything else in between. There would always be a direct comparison, and it could be said that a drum pad machine creation is fuelled by convenience and technology in music, while the drum kits’ creation is duly developed for the art and science of music. As the comparison builds, it would more often than not end only in how musically and significantly restrictive a drum pad machine is to a live performance. With a drum pad machine, the player is considered rather mechanical than artistic. Since the beats, grooves, and loop are pre-programmed and just available for drum pad machine player’s use on the machine, there is somewhat a reduction of the live aspect of a live performance. Buttons and pads available in the drum pad machine can be meddled and pressed by anyone. Thus, there are fewer requirements of truly learning the electronic instrument which translates to even lesser basis of substantiating a drum pad machine player to be skillful in anyway. In terms of a musician’s confidence, since a drum machine could indeed be so compact, there would be much faith in its utilization, but there is a dismissed aspect of being confident in playing live which is the essence of any live performance. In addition, it is known that with the use of a manual and probably minimal practice, anyone could claim the throne being a skilled drum pad machine musician. Being in this age of accessible information, all these carry on and are known by the fans and music enthusiasts who attend live musical performances. Using drum pad machines in a live performance could be translated to perfect pitches and tones since there are already pre-set programming which rather does the work for the artist as opposed to fatigue that could take place as a percussionist performs via hands or sticks. But with this, the use of such only removes the human aspect of artistic expression and justifies a live performance to be strictly a calculation. Fatigue is part of any and every live performance because it only shows that the artists express themselves to be able to connect with their audience—it may be a factor, but is not a good enough reason to compromise an aspect for a live performance. Hence, using a drum pad machine instead of live percussion instrument defeats the purpose of a live performance, for it limits not only individual musical fills and additions a musician may place to highlight style, but it also reduces artistic improvisation that is usually found in a live performance. There is also another important feature which drum pad machines falls short off in a live performance. In varying world cultures which entail diverse musical genres, a drum machine would hold to be off-putting in almost every sense. Musically, almost all cultures in the world holds a percussion instrument of their own which sets not only as a brand of the music they have, but more importantly is part of their cultural and nationalistic identity. For instance, Arabic music is known for the role of percussion instruments like the tabla (University of Florida. com, 2008, n. p. ). Al-Hammar (1999) describes the tabla as an hour-glass shaped drum which is â€Å"traditionally made of clay, [but] more recently, it has been made of metal. The head is made of fish, goat or other animal skins, [and it] has also largely been replaced by a plastic substitute† (n. p. ). In a live performance, it is rather disloyal and to every extent be only a poor imitation and expression of Arabic music in performing such hymns from their culture through a drum machine—to purposely mechanize a culture’s music. It is rather a futile attempt to replace the original sound produced from a distinctive percussion instrument. The main discrepancy lies not in perceived purpose but by intended function. In terms of serving their purpose, both can be of true service in providing the percussion for songs but vary in live performances. The major advantage which a traditional drum kit or a live percussion instrument may hold is of crucial disadvantage for the drum pad machine. Since different percussion instruments comprise a drum kit, particular specifications for each could be done, made, and assembled most fittingly for the musician’s unique and artistic style of playing—in terms of tuning, material used, alloy utilized, etc. More importantly, with a drum kit and other live percussion instruments being played in a performance, a definitive and distinctive sound for the percussion line could be identified. Significantly, the genuine trademark of the artist is imbedded within a song which is indeed crucial in any musical form of expression. Nevertheless, it could be rebutted that aside from being handy and portable as compared to a drum set, the compact drum pad machine holds tone and tempo programming that a drum kit has, and more— all is just a click, touch, or button away. However, its perceived purpose is also its key weakness because the various percussion tones found in the drum pad machine’s electronic memory chips is produced mainly not by the artist but essentially by the machine, as compared to the authentically noteworthy contribution by a musician in performance as the parts of a drum kit or a percussion instrument is played. The musician playing would pour on and express the themes and emotions of the song and connect with the audience with every commanding yet calculated strike, with every forceful and fierce kick, and every dominant splash. This visual and musical performance experience is not as illuminating or animated as a drum machine player pressing buttons on a drum pad machine. Thus, drum pad machines constrict the overall aspect of a live musical performance and do hold back the artist’s live execution. References Al-Hammar, A. (1999). The Arabic Music. The Time Machine, College of Education, University of Florida. Retrieved November 25, 2008 from http://www. coe. ufl. edu/webtech/Timemachine/music/Arabic/answer. htm. Drumdojo. com. (2008). Equipment. Drumdojo. com. Retrieved November 24, 2008 from http://www. drumdojo. com/equipment. htm.

Kindred by Octavia E. Butler

Octavia Estelle Butler was an American science fiction writer, one of very few African-American women in the field. In 1979, she published Kindred, a novel which uses the science fiction technique of time travel to explore slavery in the United States.THESIS STATEMENTButler takes on and redrafts the Slave narrative by portraying the true circumstances of slavery as a long dark period during which the blacks were denied individuality and even humanity.INTRODUCTION TO THE TEXTThe novel relates the story of Dana, an African American woman living in 1976 who is repeatedly thrown back in time to the ante-bellum south. She is summoned by her ancestor, Rufus, from the time he is a child through to adulthood. Rufus is white and from a slave owning family. Dana is placed in the difficult position of making certain that Rufus and Alice have a child, Hagar, who is Dana's direct ancestor Each time she travels back in time, she stays longer, and comes back only when her life is in danger. She sto ps getting sent back in time after she kills Rufus.Jobs assigned to the slaves in the house and in the fieldsEnslaved people had to clear new land, dig ditches, cut and haul wood, slaughter livestock, and make repairs to buildings and tools. In many instances, they worked as mechanics, blacksmiths, drivers, carpenters, and in other skilled trades. Black women carried the additional burden of caring for their families by cooking and taking care of the children, as well as spinning, weaving, and sewing.The family structure of the slaves and the social relationships among the slavesSlaves married, had children, and worked hard to keep their families together. Black men, women, and children developed an underground culture through which they affirmed their humanity. House servants would come down from the â€Å"big house† and give news of the master and mistress, or keep people laughing with their imitations of the whites.the relationship between slaves and their mastersBecause t hey lived and worked in such close proximity, house servants and their owners tended to form more complex relationships. Black and white children were especially in a position to form bonds with each other. Black children might also become attached to white caretakers, such as the mistress, and white children to their black nannies. Because they were so young, they would have no understanding of the system they were born into, as Dana reveals, â€Å"Without knowing it, they prepared me to survive† (pg94 Kindred) African American women had to endure the threat and the practice of sexual exploitation.There were no safeguards to protect them from being sexually stalked, harassed, or raped, or to be used as long-term concubines by masters and overseers. Soon after her last child is born, Alice runs away again because she fears that she will â€Å"turn into just what people call her† (pg 235 Kindred). She fears that she will lose her sense of self and accept her position as sexual chattel†.CONCLUSIONSince the beginning of anti-African American reaction through our existing contemporary society, slavery carries on to be a contentious and inconsistent issue.   Slavery affects each individual living within the United States borders and throughout our world.  No subject in the American past has provoked greater discussion and inflamed more controversy than slavery. From the arrival of the first Africans at Jamestown in 1619, through the Emancipation Proclamation in 1863, to contemporary historical debates, the presence and enslavement of Africans has been defended, attacked and analyzed.WORKS CITEDOctavia E. Butler (1979) Kindred, Page 94 and 235. Retrieved on 1st November 2006

Native Title Law In Australia

Native Title Law In Australia On June 3rd 1992, the Australian High Court trailed a man that would change property law in Australia, as we knew it. The case of Eddie Mabo vs. The State of Queensland was the first successful case to bring about recognition of the concept of native title in Australia. Native title is the name given to the traditional land system of indigenous Australians, which was developed over thousands of years. In 1992, with Mabo, the Australian High Court finally recognized that Australia was not simply an empty piece of land when Captain Cook sailed up the coast in 1770 and claimed the eastern part of a continent which had already been occupied by our indigenous people for at least 40,000 years as a piece of British real estate.Unlike 'land rights', which are created by governments, 'native title' is a right that existed before the coming of the Europeans to Australia.As you can imagine the concept of native title have had important consequences for property law in Australia. The precedent c ase judgement overthrew the legal fiction of 'terra nullius' stating that the land of Australia had belonged to no one when the British arrived in 1778. The judgement found that a native title to land existed in 1778 and may continue to exist provided it has not been extinguished by later government acts and provided Indigenous groups continue to observe their traditional laws and customs.In the Native Title Act 1998 it was decided that a claim of native title could be made over land in Australia, provided the following two elements are satisfied:(a) ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ That those indigenous people (Aborigines and Torres Strait Islanders) claiming the land or waters can prove a continuing association with the land claimed (physical, cultural or spiritual).(b) ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ ÂÆ'‚‚ That th ere has been no act...