Stewart, PE & Stuhmcke, AG 2012, Australian Principles of Tort Law, 3rd, Federation Press, Sydney.
Stuhmcke, AG 2012, Legal Referencing, 4th, LexisNexis, Sydney.
Booth, T 2012, ''Cooling out' victims of crime: Managing victim participation in the sentencing process in a superior sentencing court', AUSTRALIAN AND NEW ZEALAND JOURNAL OF CRIMINOLOGY, vol. 45, no. 2, pp. 214-230.
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Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is a contentious aspect of contemporary criminal justice. A particular concern is that the disjuncture between the legal goals of the sentencing hearing on the one hand and the goals of victims on the other can generate tension and conflict in the courtroom and threaten the integrity of the process. The subject of this article is the management and containment of victim participation in 18 sentencing hearings observed in the NSW Supreme Court. It is argued that various cooling out structures and processes effectively managed and contained the emotional tension in the courtroom as well as assisted victims to adjust to the legal constraints and the compromise inherent in their position in the process.
Millbank, J 2012, 'From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of ‘New’ Surrogacy in Australia', Griffith Law Review, vol. 21, no. 1, pp. 101-136.
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© 2012, (publisher). All rights reserved. This article explores the role of discourse and narrative in shaping the recent wave of reforms to surrogacy law and policy around Australia. I examine two sites of dialogue – parliamentary debate and media representations – where discourses concerning surrogacy have been reframed dramatically to justify a new era of regulation. The themes that have emerged through these reform dialogues both reflect and recraft contemporary understandings of surrogacy specifically, and non-traditional family formation more broadly. As such, this is both an analysis of the role of evolving discourses of surrogacy, infertility and assisted reproductive technology in Australia, and a case study of a multiple-jurisdiction law reform process dominated by narrative and anecdote.
Stuhmcke, A 2012, 'The evolution of the classical ombudsman: a view from the antipodes', International Journal of Public Law and Policy, vol. 2, no. 1, pp. 83-83.
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The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen. Copyright © 2012 Inderscience Enterprises Ltd.
Varnham, S, Evers, M & Booth, T 1970, 'Valuing their voices: responsibility and retention through student participation in school decision making', Socio-Legal Studies Association Annual Conference, de Mountfort University, Leicester, UK.
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Annual conference of Socio-Legal Studies Association. Dissemination of ECRG Research project
