Booth, T 2004, 'Homicide, family victims and sentencing: continuing the debate about Victim Impact Statements', Current Issues in Criminal Justice, vol. 15, no. 3, pp. 253-257.
Booth, T 2004, 'Homicide, family victims and sentencing: continuing the debate about Victim Impact Statements', Current Issues in Criminal Justice, vol. 15, no. 3, pp. 253-257.
Booth, T 2004, 'Key Elements to Writing a Good Essay', Surviving Law School: A Guide to the Study of Law, vol. None, pp. 13-14.
Booth, T 2004, 'Student pro bono: Developing a Public Service Ethos in the Contemporary Australian Law School', The Alternative Law Journal, vol. 29, no. 6, pp. 280-284.
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IIn 2001 the National Pro Bono Task Force ('the Task Force') found .that although the legal profession makes a signi.ficant contribution to the community through its pro bono work, a high level of unmet demand for legal as~stance remains.' The objective of the Task Force was to increase the number of lawyers offering pro bono services in areas where there is the greatest need. The Task Force recommended that action be taken to actively promote 'a strong pro bono cutture in Australia'2 and. to this end, that law students be given opportunities to participate in intemships outreach programs with a pro bono focus
Millbank, J 2004, 'It's about This: Lesbians, prison, desire', SOCIAL & LEGAL STUDIES, vol. 13, no. 2, pp. 155-190.
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This article explores three narratives of violently transgressive lesbians in a prison setting. The stones are two English novels, Nights at the Circus by Angela Carter (1985), Affinity by Sarah Waters (1999) and an English TV series, Bad Girls (1999-ongoing). A number of disruptive and counter-hegemonic aspects run through these stories including their portrayal of violence as a reasonable response to oppressive social conditions, a distinct problematizing of heterosexuality and the metaphor of a prison panopticon to explore the constraints imposed on all women's lives. The article argues that the representation of lesbian desire in all three tales is truly radical in that it acts to dissolve unequal power dyads, although it also comes to question the extent to which it is possible, even in fiction, to sustain such rupture in the face of dominant cultural imperatives to 're-capture' and 'domesticate' homo-normative images.
Millbank, J 2004, 'The Role of Rights in Asylum Claims Based on Sexual Orientation', Human Rights Law Review Human Rights Law Review, vol. 4, no. 2, pp. 193-228.
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It is now widely accepted that lesbians, gay men and transgendered people may make refugee claims on the grounds of their membership of the 'particular social group' category of the Refugee Convention. Claims to protection made by lesbians and gay men based on sexual orientation extend the outsider nature of the refugee claim and its relationship to human rights. To claim 'core' human rights for lesbians and gay men is paradoxical given the marginality of sexual minorities in human rights jurisprudence to date. Sexual orientation has only very recently been acknowledged as a valid loci of human rights in international law and is typically still far from widely accepted as the basis for equality claims in many refugee receiving nations. This paper does not propose that Constitutional equality guarantees are a panacea for discrimination on the basis of sexuality (or indeed on any other basis). Nor do I argue that there is necessarily a direct and demonstrable impact upon refugee decision-making in the countries under discussion. Rather, I suggest that a greater familiarity with lesbian and gay claims across a range of areas in tandem with a deeper and longer standing engagement with equality analysis has meant that Canadian decision-makers, unlike those in Australia and especially those in the UK, have been more ready to connect sexual orientation claims with human rights norms. This, in turn, has had a pervasive impact upon what decision-makers are prepared to construe as persecutory in sexuality based claims.
Millbank, J & Lovric, J 2004, 'Relationship Debt and Guarantees: Best Practice v Real Practice', Journal of Banking and Finance Law and Practice, vol. 15, no. 2, pp. 89-115.
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Guarantee transactions have generated an enormous volume of litigation over the past 20 years in Australia and elsewhere. There have been numerous major reports referring to the problem of relationship debt in recent years as concern about guarantee transactions has grown. This article outlines the major findings of the first comprehensive Australian empirical research into the law and practices governing third party guarantees. The research was directed to finding out more about the experiences of the people who agree to guarantee the loans of others. Why do they sign on, how do they get into trouble in those transactions and what might have assisted them in avoiding such difficulties? Despite measures such as the Consumer Credit Code (1996) and the Code of Banking Practice (1993)(2003) , guarantee practice shows little evidence of what either the finance industry or consumer advocates would regard as best, or even adequate, practice.
Stuhmcke, A 2004, 'Looking backwards, looking forwards: judicial and legislative trends in the regulation of surrogate motherhood in the UK and Australia.', Aust J Fam Law, vol. 18, no. 1, pp. 13-40.
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It has been a quarter of a century since the first reported decision was handed down with respect to surrogate motherhood by a common law court. Since that initial decision Australian jurisdictions and the United Kingdom have seen a plethora of parliamentary inquiries, legislation and case law. This article reviews these historical legal developments in case law and legislation in both Australia and the UK to identify what, if any, trends are occurring in the regulation of surrogacy. It is suggested from this review that there is a trend towards recognising and allowing altruistic surrogacy. This raises issues of practical and theoretical importance in relation to the definition of family and the regulation of surrogacy.
Stuhmcke, AG 2004, 'Privatisation and Corporatisation: What now for the Commonwealth Ombudsman ?', Australian Journal of Administrative Law, vol. 11, no. 2, pp. 101-114.
Booth, T & Fitzpatrick, S 1970, 'A New Law School: The Challenges of Amalgamation', Crossing Boundaries, ALTA, Darwin.
Stuhmcke, AG 1970, 'Using Foetal tissue for reseacrh: issues of regulation, property and identity', Macquarie University.
