Stewart, PE & Stuhmcke, AG 2008, 'The Child in Utero and Ex Utero' in Monahan, G & Young, L (eds), Children and the Law in Australia, LexisNexis Butterworths, Butterworth-Heinemann, pp. 54-82.
Stuhmcke, AG 2008, 'Ombudsmen and Integrity Review' in Pearson, L, Harlow, C & Taggart, M (eds), Administrative Law in a Changing State, Hart Publishing, Oxford, UK, pp. 349-376.
Millbank, J 2008, 'The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family', International Journal of Law, Policy and the Family, vol. 22, no. 2, pp. 149-177.
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This article contends that a 'functional family' model falters in the context of lesbian and gay intra-family disputes. Functional family arguments have frequently been misused by birth-mothers in child-related disputes between separated lesbian parents. Moreover, functional family claims have been completely excluded from consideration in disputes between lesbian mothers and known sperm donors/biological fathers. I argue that the rise of fathers' rights movements and increasing emphasis on biological family gives both discursive and legal authority to essentialized, gendered and symbolic status claims made by biological parents, valorizing distant biological fathers over mother-led family units, and separated biological mothers over non-biological mothers. Finding that the functional family approach cannot usefully resist the current ideological climate, this article concludes with exploration of an alternative: framing a form of parental status for lesbian co-parents based on intentionality.
Millbank, J 2008, 'The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family', International Journal of Law, Policy and the Family, vol. 22, no. 2.
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Millbank, J 2008, 'Unlikely Fissures and Uneasy Resonances: Lesbian Co-Mothers, Surrogate Parenthood and Fathers' Rights', Feminist Legal Studies, vol. 16, no. 2, pp. 141-167.
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This article explores commonalities between parental claims for lesbian co-mothers and other contexts in which intention is a key aspect to family formation for (mostly) heterosexual families: in particular, surrogacy and pre-birth disputes over embryos. Through a series of case studies drawn from recent reproductive controversies, the paper uses the lens of empathy to argue for social or non-genetic modes of parenthood connecting lesbian mothers and other 'reproductive outsiders'. © 2008 Springer Science+Business Media B.V.
Stuhmcke, A 2008, 'Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman', Australian Journal of Public Administration, vol. 67, no. 3, pp. 321-339.
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This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.
Booth, T 1970, 'Victim Participation in Sentencing: a challenge to the requirements of due process in the courtroom?', National Victims of Crime Conference, Victim Support Service Inc, Adelaide.
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This paper presented findings from a qualitative research project that seeks to investigate the interaction of victim participation in sentencing through VISs and traditional criminal procedure in the courtroom.. Data collected from the observation of VIS submitted to the NSW supreme Court when sentencing homicide offenders and interviews with family victims will be presented and discussed.
Booth, T & Townsley, L 1970, 'Bail as a Punitive Process in NSW', Crimiinology: Linking Theory, Policy and Practice: 21st Annual Australian and New Zealand Society of Criminology Conference, Canberra.
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This paper focuses on a recent amendment to the NSW Bail Act that represents a punitive reconfiguration of bail in NSW. Section 22A now imposes major restrictions on the number of bail applications that an accused can make to any court in relation to an offence. The adverse repercussions of this provision are already being keenly felt by those involved in the bail process, particularly juvenile accused. In this paper we argue that the provision lacks a rational, empirical foundation and undermines the law's long-standing commitment to the funamental criminal justice principles of the presumption of innocence and concomitant rights to release and liberty. Ostensibly the amendment was introduced to prevent 'magistrate shopping' and alleviate the worry and anguish of crime victims. We contend however that section 22A is really intended as punishment and to promote the government's tough law and order policies.
Stuhmcke, AG 1970, 'The tripartite roles of ombudsmen and the need for accountability', Joint Interest Group of Ombudsman/Complaints Handling Agencies, Sydney.
