Carney, T 2001, 'Protecting Aged Citizenship' in Aging: Culture, Health, and Social Change, Springer Netherlands, pp. 43-64.
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Fermon, C 2001, 'Introduction' in Biber, K, Sear, T & Trudinger, D (eds), Playing the man: new approaches to masculinity, Pluto Press, Sydney, pp. 1-15.
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Karpin, I & Mykitiuk, R 2001, 'Regulating inheritable genetic modification, or policing the fertile scientific imagination? A feminist legal response' in Basko, J, O'Sullivan, G & Ankeny, R (eds), The Ethics of Inheritable Genetic Modification, Cambridge University Press, New York, USA, pp. 193-222.
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© Cambridge University Press 2006. Introduction: The past few years have seen an explosion of legislative activity around developments in genetics and assisted reproduction. In this chapter we examine recently passed legislation in Australia and Canada in the area of genetic modification technologies and reproductive genetics. We demonstrate that legislative control in this area has a twofold purpose. Less controversially it is aimed at providing limits to scientific innovation for the purpose of ensuring safe and ethical research and experimentation. More controversially it is concerned with what should be the proper “nature of reproduction,” namely, how it happens (sexually), between whom (a man and a woman, both human), in what kinds of relationships (heterosexual), such that progeny, the product of reproduction, inherit the blood/genes (bodily substances) of only two biological progenitors. It is to this latter purpose that we turn our attention in this chapter, analyzing the role of law in limiting, determining, and constituting reproductive possibilities in an age of genetic modification. Our focus is on new and potential technologies that enable inheritable genetic modification (IGM) of humans, but we read these, and their legislative limits, in the context in which they appear medically and legally, namely alongside other assisted reproductive technologies (ARTs) such as reproductive cloning. We ask what is at stake in the new legislative limits, who benefits, who loses, and what kinds of humans are we left with?
Lee, K & Prime, J 2001, 'Overview of US Telecommunications Regulation' in Walden, I & Angel, J (eds), Telecommunications Law, Blackstone Press, London, pp. 314-345.
Libesman, T 2001, 'Cultural Rights, Human Rights and the Contemporary removal of Aboriginal and Torres Strait Islander Children from their Families' in Garkawe, S, Kelly, L & Fisher, W (eds), Indigenous Human Rights, The Sydney Institute of Criminology, Sydney, pp. 41-63.
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Indigenous children's human rights
Stokman, FN & Doreian, P 2001, 'Introduction' in Anthony, T & Cuneen, C (eds), The Critical Criminology Companion, Hawkins Press, An imprint of the Federation Press, Sydney, pp. 1-4.
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Alexander, IJ 2001, 'White Law, Black Art', International Journal of Cultural Property, vol. 10, no. 2, pp. 185-216.
Allen, R, Chung, P, Mowbray, A & Greenleaf, G 2001, 'Austlii's Aide – Natural Language Legislative Rulebases', Proceedings of the International Conference on Artificial Intelligence and Law, pp. 223-224.
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Aide ('AustLII Inferencing Development Environment') provides a quasi-natural language form of knowledge representation which is reasonably close to statutory language, but at the same time represents knowledge so that it can be used by an inferencing engine using predicate calculus.Aide also provides a supportive development environment for the user by parse tree differentiation to assist the user choosing the correct parsing of rules. The development environment and the user environment are both web-based, facilitating collaborative development of knowledgebases, and the integration of inferencing dialogues with legal source texts on the web. Copyright 2001 ACM.
Biber, K 2001, ''The Threshold Moment: Masculinity at home and on the road in Australian cinema'', Limina: A Journal of Historical and Cultural Studies, vol. 7, pp. 67-86.
Booth, T 2001, 'Learning Environments, Economic Rationalism and Criminal Law: Towards Quality Teaching and Learning Outcomes', UTS Law Review, vol. 3, pp. 17-39.
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The subject of this article is a teaching and learning model developed by the author to faciltate quality learning outcomes for students of Criminal Law at UWS. The model utilises both traditional and emergent online teaching technologies to actively engage students with Criminal Law, develop life-long learning skills and hopefully generate an enjoyable learning experience.
Booth, T 2001, 'Voices after the killing : hearing the stories of family victims in New South Wales.', Griffith Law Review, vol. 10, no. 1, pp. 25-41.
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Report on the preliminary findings of a research project - evaluates and analyses 78 victim impact statements from family victims submitted in 32 homicide cases in New South Wales - between 2 April 1997 and 31 December 2000 - strong common themes - impact upon family victims - manner and circumstances of the deceased's death - personal qualities of the deceased - negative characterisation of the offender - need for justice - frustration with the processes of criminal justice.
Carney, T 2001, 'Globalisation and guardianship: harmonisation or (postmodern) diversity?', International Journal of Law and Psychiatry, vol. 24, no. 2-3, pp. 95-116.
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Goldblatt, BA 2001, 'Litigating Equality- the Example of Child Care', Acta Juridica, pp. 8-8.
Goldblatt, BA 2001, 'Litigating Equality- the Example of Child Care', Acta Juridica, pp. 8-8.
Hitchens, LP 2001, 'Digital Television Broadcasting - An Australian Approach', Entertainment Law Review, vol. 12, no. 4, pp. 112-119.
Lenta, P 2001, 'Executing the death sentence: Law and justice in Alan Paton'scry, the beloved countryand nadine gordimer'sthe house gun', Current Writing, vol. 13, no. 1, pp. 49-69.
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Opeskin, BR 2001, 'Constitutional modelling: The domestic effect of international law in commonwealth countries†', Commonwealth Law Bulletin, vol. 27, no. 2, pp. 1242-1278.
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Opeskin, BR 2001, 'Mechanisms for intergovernmental relations in federations', International Social Science Journal, vol. 53, no. 167, pp. 129-138.
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Federations employ a large variety of mechanisms for conducting relations between central, regional, and local levels of government. These mechanisms span the executive, legislative, and judicial branches of government within each level. Executive involvement ranges widely in degree of formality, from the making of formal intergovernmental agreements to informal liaison between governmental officers. Executive mechanisms have also evolved for correcting vertical and horizontal fiscal imbalances in federal systems. Legislatures play an important role in giving the force of law to cooperative policies initiated by the executive. These legislative mechanisms include reciprocal schemes, complementary schemes, mirror legislation, and the reference or delegation of powers from one level of government to another. The judiciary, though often undervalued, is significant for its role in establishing the legal framework within which other branches of government conduct their intergovernmental relations, through articulation of powers and competencies. The article concludes that policy makers should exercise care in selecting mechanisms that are appropriate to their task. In particular, regard should be had to the efficiency of each mechanism, and its conformity with federal values and the rule of law.
Opeskin, BR 2001, 'Mechanisms for intergovernmental relations in federations', INTERNATIONAL SOCIAL SCIENCE JOURNAL, vol. 53, no. 1, pp. 129-+.
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Ramia, G & Carney, T 2001, 'Contractualism, managerialism and welfare: the Australian experiment with a marketised employment services network', Policy & Politics, vol. 29, no. 1, pp. 59-80.
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EnglishThis article aims to assess critically the use of contractualist and managerialist ideas in social policy by focusing on the Australian experience with employment services. The primary conclusion is that policy based on contractualism and managerialism results in an alarming increase in the vulnerability of beneficiaries’ rights. This vulnerability stems from various factors - the most important being the necessary delegalisation of welfare, the associated increase in discretion available to a wide range of public and private managers and officials, and the reduction of public accountability for the service recipients.
Riley, J 2001, 'Industrial Legislation In 2000', Journal of Industrial Relations, vol. 43, no. 2, pp. 148-160.
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A review of legislation passed and proposed in 2000 suggests a change in the direction of regulatory reform in Australia and New Zealand. A fresh concern with equity issues has tempered the push for efficiency-oriented reform. The Australian Federal Government’s attempts to further restrict industry-wide industrial activity in favour of enterprise based bargaining and individual contracting have met resistance from a Senate concerned with the fairness of the proposed reforms. New legislation passed or proposed in other jurisdictions (notably New Zealand, Victoria and New South Wales) has focused on amendments to take care of the casualties of the 1990s reform agenda—dependent contractors, long term casuals, and the low-paid. Changes to the Corporations Law have been enacted to make company directors more responsible for protecting employees’ accrued entitlements.
Riley, J 2001, 'Trust law and commercial contracts', Commercial Law Quarterly, vol. Sept-Nov, pp. 23-27.
Sheldon, S 2001, '', Feminist Legal Studies, vol. 9, no. 2, pp. 93-118.
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Sheldon, S 2001, '‘Sperm bandits’, birth control fraud and the battle of the sexes', Legal Studies, vol. 21, no. 3, pp. 460-480.
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This paper briefly reviews the US case law dealing with the issue of birth control fraud and speculates on the possibility of a similar action succeeding in the UK. It then focuses on newspaper reporting of one such case. A common media reading of this case, and one which can also be detected in some academic commentary of similar cases, is to contextualise it as part of an ongoing ‘battle of the sexes’, where historic poles of inequality have become reversed and women have gained unfair (legal) advantage in procreative matters. It is argued that such an understanding is flawed and misleading, serving to distract attention from the legal structuring of these kinds of disputes. The paper concludes that the operation of the law can here be better understood as seeking to support the nuclear family in a way which can impact negatively on both individual men and individual women. The birth control fraud cases invite us to rethink the way that parental obligations are imposed and to justify more rigorously the choices which we make in this regard.
Sheldon, S 2001, ''On the Sharpest Horns of a Dilemma': Re A (Conjoined Twins)', Medical Law Review, vol. 9, no. 3, pp. 201-207.
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Sheldon, S 2001, 'Termination of Pregnancy for Reason of Foetal Disability: Are There Grounds for a Special Exception in Law?', Medical Law Review, vol. 9, no. 2, pp. 85-109.
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Stuhmcke, A 2001, 'Access to infertility treatments and single women: what is the state of play?', J Law Med, vol. 9, no. 1, pp. 12-14.
Thomson, M 2001, 'eXistenZ: bio-ports/boundaries/bodies', Legal Studies, vol. 21, no. 2, pp. 325-343.
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In focusing on David Cronenberg's film eXistenZ this paper interrogates the place of cyberpunk and the cyborg in understanding and challenging law's bodies and embodied subjectivities. The genre proves descriptive of the gendered bodies of law's imagination, yet it also contains the possibility of dissolving the prescriptive binaries of law and other discursive fields. The essay works with Donna Haraway's contention that the cyborg in its boundary transgression is a metaphor for gender obsolescence. Relating cyborg theory to law, and noting how law has colonised other discursive fields, the oppositional/binary construction of men's bodies as bounded and safe whilst women's are constructed as fluid and dangerous is examined. To illustrate this the essay considers the industrial bodies of law's imagination, an area which replays this bounded/fluid binary. Reading eXistenZ, the essay attempts to sketch an alternative analysis which recognises and challenges the gendered bodies of law's imagination. In focusing on the issues of permeability, of boundary pollution and fusion, the analysis privileges a recognition of bodies as both bounded and fluid. In this the analysis challenges the construction of gendered bodies within these policies and hence the construction of gender appropriate employment, behaviour and environments.
Thomson, M 2001, 'Femocrats and Babes: Women and Power', Australian Feminist Studies, vol. 16, no. 35, pp. 193-208.
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Varnham, S 2001, 'Conduct unbecoming: The dilemma of a school's responsibility in respect of teacher misconduct towards pupils', Education and the Law, vol. 13, no. 2, pp. 109-125.
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It was recently remarked that if the infamous schoolmaster, Wackford Squeers, in Charles Dickens's Nicholas Nickleby, was around today his pupils would probably accuse him of assault and the police would be paying a visit to his school, Dotheboys Hall. Though a casual comment, a great deal of truth lies therein. In the 'rights culture' of today, the manner in which adults may exercise authority over children is markedly different to that of even 20 years ago. The majority of teachers act in a professional manner and carry out their duties, often under great pressure, with the best interests of their students uppermost in their minds. However, this is not always the case. With reasonable frequency, there are reports of teachers behaving towards their students in ways which range from inappropriate to culpable. In the worst scenario the accusations are of sexual abuse, but there are also those of physical or verbal bullying. There is nowadays an increased recognition of the harmful and lasting effects of different forms of abuse, and the responsibility of those in authority to prevent it happening. In recent years New Zealand school administrators have been faced with dealing appropriately with allegations of a teacher's misconduct in a variety of different ways towards their students. A school board of trustees has a dilemma in that it must discharge dual responsibilities, in respect of its students and its staff. This article examines the legal implications of those responsibilities. It also considers the responsibility of a school in a wider context to other schools and to the community at large.
Varnham, S 2001, 'Straight talking, straight teaching: Are New Zealand tertiary institutes potentially liable to their students under consumer protection legislation?', Education and the Law, vol. 13, no. 4, pp. 303-317.
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Consumerism has become an officially approved fashion. In recent years we have seen the enactment of progressive consumer rights legislation aimed at redressing the balance between consumers and suppliers. In New Zealand the reform of tertiary education, begun with the Education Act 1989, has led to a shift in the relationship between institutes and students. Market culture is progressively being applied to tertiary education. Institutes are holding themselves out as providing an 'educational product' and are actively competing for students both nationally and internationally. In turn students, as purchasers of that product, at an ever-increasing cost, are demanding greater standards of straight talking and straight teaching. There are indications that this is leading to thoughts of legal accountability for any deficiencies in the education product. This is both in terms of what institutes hold themselves out as providing and the quality of that provision. This article considers the effect of provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 on the potential liability of tertiary institutes.
Watson, N 2001, 'A Denial of Religious Freedoms: Section 190C(3) of the Native Title Act', Indigenous Law Bulletin, vol. 5, no. 7, pp. 4-7.
Watson, N & Black, R 2001, 'New Cultural Heritage Legislation: One Small Step for Murris, One Giant Leap Forward for the Queensland Government', Indigenous Law Bulletin, vol. 5, no. 13, pp. 8-78.
