Publications

McKeough, J, Bowrey, K & Griffith, PB 2002, Intellectual Property: Commentary and materials, 3rd, Thomson Legal and Regulatory Group, Pyrmont NSW Australia.
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This book deals with the area of the knowledge economy and the essential aspects of the nature of property rights involved in copyright, patents, designs, trademarks, protection for confidential information and passing off. The book adopts a particular perspective on analysing those rights and has sold so well it has been re-printed and the publisher has requested a new edition, manuscript delivered in August 2006.

Frost, A & Varnham, S 2002, 'Julia Robb Bon Appetit Clothing' in Cameron, A & Massey, C (eds), Entrepreneurs at Work, Pearson Education, New Zealand.

Goldblatt, BA 2002, 'Litigating Equality: the example of child care' in Jagwanth, S & Kalula, E (eds), Equality Law: Reflections from South Africa and elsewhere, Juta and Company Ltd, pp. 8-38.
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Of interest or benefit to: Lawyers, Academics, Students, Libraries

Karpin, IA 2002, 'She's Watching the Judges:media Feedback Loops and Judicial Notice' in Margaret Thornton (ed), Romancing the Tomes: Popular Culture, Law and Feminism, Cavendish Publishing, London, pp. 47-68.

Stoianoff, NP 2002, 'Environmental Expenditure and the Natural Resources Industry in Australia' in Kreiser, L (ed), Critical Issues in International Environmental Taxation, CCH Incorporated, Chicago, USA, pp. 127-148.
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2001 marks the l0th anniversary since the Australian Federal Government made a marked effort to use taxation policy as a means of encouraging environmental responsibility. To the natural resources industry this translated into the provision of a special deduction for current or capital expenditure incurred on rehabilitation-related activities on or after 1 July 1991. More generally, a regime for the deductibility of environmental expenditure, such as environmental impact studies, and a regime for environmental protection expenditure were also introduced during this period.

Adams, MA, Barker, DL & Lancaster, J 2002, 'Business Law and Ethics - Does it have a Future?', E Law - Murdoch University Electronic Journal of Law, vol. 9, pp. 1-20.
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This paper traces the history of teaching introductory business law at the former Kuring-gai College of Education, which was incorporated into the University of Technology, Sydney, in January 1990 through until the present time. It explains the challenges faced by the Law Faculty cross-disciplinary teaching team when in 2001 Ethics was introduced as a component of the introductory Business Law subject. It also discusses how the team overcame the logistical problems of teaching the subject across two university campuses as well as an offshore campus in Kuala Lumpur. A further complexity was the necessity for the subject to be taught to two cohorts annually, totalling in excess of 1,400 students. The paper will elaborate on the methodology adopted by the team to resolve these issues.

Barker, DL 2002, 'Beyond Australia and the Pacific Rim: Challenges for the Internationalization of Australian Legal Education', Penn State International Law Review, vol. 21, no. 1, pp. 75-87.

Barker, DL 2002, 'The Evolution of a Community Law and Legal Research Centre - The UTS Experience', The Law Teacher, vol. 36, no. 1, pp. 1-14.

Biber, K 2002, '"The Hooded Bandit: Aboriginality, Photography and Criminality in Smith v The Queen'', Current Issues in Criminal Justice, vol. 13, no. 3, pp. 286-300.

Carney, T & Ramia, G 2002, 'Mutuality, Mead & McClure: More 'big m's' for the unemployed?', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 37, no. 3, pp. 277-300.
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Cunneen, C & Libesman, T 2002, 'Removed and Discarded: The contemporary legacy of the stolen generations', Australian Indigenous Law Review, vol. 7, pp. 1-20.
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Dorsett, SG 2002, ''Since Time Immemorial': A Story of Common Law Jurisdiction, Native Title and the Case of Tanistry', Melbourne University Law Review, vol. 26, no. 1, pp. 32-59.

Dorsett, SG 2002, 'The Case of Tanistry', Australian Indigenous Law Reporter.

Dorsett, SG & McVeigh, S 2002, 'Just So: "The Law Which Governs Australia is Australian Law"', Law and Critique, vol. 13, no. 1, pp. 289-309.

Graycar, R, Morgan, J & Biber, K 2002, 'The Hidden Gender of Law', The Hidden Gender of Law, vol. Vol 24(4), pp. 603-607.

Greenleaf, GW, Mowbray, AS, Chow, KP & Pun, KH 2002, 'The Hong Kong Legal Information Institute (HKLII): Its Role In Free Access To Global Law Via The Internet', Hong Kong Law Journal, vol. 32, no. 2, pp. 401-428.
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This article discusses the importance of free access to essential legal information to the rule of law and the role of Legal Information Institutes (LIIs) in providing such access. The main features of the new Hong Kong Legal Information Institute (HKLII) and its differences from pre-existing systems are described. HKLII is the first LII in Asia: a LII is a free, independent, non-profit Internet facility providing relatively comprehensive coverage of the essential legal information of a jurisdiction, in this case Hong Kong. This article describes HKLII's first year (July 2001-July 2002), from the initial discussions on its possible creation to the installation of its own server in Hong Kong. It explains that the development of HKLII has been made possible by the policies of the Hong Kong Special Administrative Region Government and judiciary, which support access to legal information. The future development of HKLII and its potential impact on free access to legal information elsewhere in China and other jurisdictions in Asia is discussed.

Grossi, R 2002, ''The wife as legal subject in equity and commercial law'', Alternative Law Journal, vol. 27, no. 4.

Hawes, C 2002, 'Chinese Justice, the Fiction: Law and Literature in Modern China (review)', China Review International, vol. 9, no. 2, pp. 474-478.
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Hitchens, LP 2002, 'Regulation of Election and Political Broadcasting', Communications Law Bulletin, vol. 21, no. 1, pp. 1-5.

Karpin, IA & O'Connell, K 2002, 'Intimate Strangers: law, genetics, Globalisation and the 'Human Family'', Australian Feminist Law Journal, vol. 17, no. December, pp. 63-82.
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MatriLineTM, one of the services offered by the Oxford Ancestors project, a genetic mapping exercise carried out by Professor Brian Sykes of Oxford University, offers women the opportunity of using 'the proven power of mirochondrial DNA to probe into the deep past') MatriLine analyses individual DNA to locate women in relation to a framework of European maternal ancestors, linking them 'to one of seven women: Ursula~ Tara, Helena, Katrine~ Velda, Xenia or Jasmine'

Lenta, P 2002, 'Is There a Class in This Text-Law and Literature in Legal Education', S. African LJ, vol. 119, pp. 841-841.

Lenta, P 2002, 'Law and Literature: A Gene Resi (gh) ted', JS Afr. L., pp. 419-419.

Lenta, P 2002, 'Looking sideways: constitutional interpretation, ethics and theory', Stellenbosch L. Rev., vol. 13, pp. 3-3.

Millbank, J 2002, 'Imagining Otherness: Refugee Claims on the Basis of Sexuality in Canada and Australia', Melbourne University Law Review, vol. 26, no. 1, pp. 144-177.
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Refugee tribunal cases in Australia and Canada - sexuality, otherness and the public private divide in the context of refugee case law - sexuality as the basis of gay and lesbian applicants claims for protection - empathy and imagination - inability of decision makers to be empathetic with gay and lesbian refugee applicants and therefore put at risk the applicants persecution claims.

Riley, J 2002, 'Bargaining for Security: Lessons for Employees from the World of Corporate Finance', Journal of Industrial Relations, vol. 44, no. 4, pp. 491-507.
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Riley, J 2002, 'Industrial Legislation in 2001', Journal of Industrial Relations, vol. 44, no. 2, pp. 198-210.
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Riley, J 2002, 'Lessons from Ansett', Alternative Law Journal, vol. 27, no. 3, pp. 112-116.
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Riley, J 2002, 'Review: Mee, J "The Property Rights of cohabitees"', Australian Journal of Family Law, vol. 16, no. 3, pp. 259-266.

Riley, J 2002, 'Unfair contracts review: Unfair favouritism for high flyers? A review of the proposal to amend s 106 of the Industrial Relations Act 1996 (NSW)', Commercial Law Quarterly, vol. 16, no. 2, pp. 15-22.

Stuhmcke, AG 2002, 'Limiting Access to Assisted Reproduction JM V QFG', Australian Journal of Family Law, vol. 16, no. 3, pp. 245-252.
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Stuhmcke, AG 2002, 'The Relevance of industry Ombudsman', Law Society Journal, vol. 40, no. 2, pp. 73-76.

Stuhmcke, AG 2002, 'The Rise of the Australian Telecommunications Industry Ombudsman', Telecommunications Policy, vol. 26, no. 1-2, pp. 69-85.
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Australia is the first jurisdiction in the world to introduce a national private telecommunications industry ombudsman. Created in 1993, the Telecommunications Industry Ombudsman (TIO) has grown in jurisdiction and importance, becoming a regulatory cornerstone of the fully competitive post-1997 Australian telecommunications regime. This paper examines the role of the TIO as a mechanism for dispute resolution and as an industry regulator, suggesting that it provides an example of an innovatory regulatory process which transcends the divide between deregulation and proregulation. This raises the question as to the applicability of the ombudsman institution in terms of the regulation of telecommunications. Through highlighting the conciliatory nature of the ombudsman, the role of the TIO as a regulator is considered in its Australian context.

Stuhmcke, AG 2002, 'When does a child have no father?', Health Law Bulletin, vol. 10, no. 5, pp. 73-76.

Varnham, S 2002, 'Copping Out or Copying? An exploration of the legal issues relating to students' challenging academic decisions', Australia and New Zealand Journal of Law and Education, vol. 7, no. 1, pp. 21-38.
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Varnham, S 2002, 'Do cheats Prosper?', New Zealand Law Journal, vol. 13, no. 4, pp. 416-419.

Varnham, S 2002, 'Special Education 2000 and Daniels v the Attorney-General: Equality of access to education for children with special needs in New Zealand', Education And The Law, vol. 14, no. 4, pp. 283-300.
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Focuses on the equality of access to education for children with special needs in New Zealand. Discussion of the case 'Daniels v. The Attorney-General'; Consideration for degrees of disability; Legislative basis for equality of education

Booth, T 2002, 'The Aftermath of Homicide: Meeting needs and expectations of Survivors through conferencing in NSW', Conferencing, Circles and other Restorative Practices, Minneapolis, US.
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This paper aims to introduce an innovative family group conferencing program that has been recently implemented in NSW and to explore the program's potential to meet the needs and expectations of homicide survivors currently unmet by conventional criminal justice processes. The program is an overtly victim-oriented, communitarian model of restorative justice that operates on a post-conviction basis. There are no restrictions as to the nature of the offences that may be the subject of a conference provided there is an identifiable victim. Using a case study of a recent conference involving a homicide, the presentation will demonstrate the operation of the conferencing program and its application for homicide survivors.

Dorsett, SG 2002, 'Legal Obligations of Managers', Brisbane.

Dorsett, SG 2002, 'Since Time Immemorial: Native Title and the Common Law', Griffith University, Brisbane.

Stuhmcke, AG 2002, 'Balancing the scales: achieving diversity in Australian law school admission', International Bar Association, South Africa.

Stuhmcke, AG 2002, 'Balancing the scales: achieving diversity in Australian law school admission', International Bar Association, Durban.

Stuhmcke, AG 2002, 'Looking Backwards, Looking Forwards', Australian Institute of Health, Law and Ethics, Australian Institute of Health, Law and Ethics, Newcastle.

Stuhmcke, AG 2002, 'Looking Backwards, Looking Forwards: Surrogacy', Australian Institute of Health Law & Ethics, Newcastle.

Stuhmcke, AG 2002, 'Necessary or sufficient: what do we do when there are no rules?', Biennial conference of ombuds and deans of students, Brisbane.

Stuhmcke, AG 2002, 'Necessary or sufficient: what do we do when there are no rules?', OMDOSHEAA, 3rd Annual Conference, QUT.

Stuhmcke, AG 2002, 'The Commonwealth Ombudsman', Public Law, Canberra.

Stuhmcke, AG 2002, 'The Commonwealth Ombudsman', Executive Power, ANU, Canberra, pp. 161-172.

Varnham, S 2002, 'Mainstreaming or maindumping? Special education 2000 and Daniels v the Attorney-General', Annual Conference of ANZELA, Annual Conference of the Australia and New Zealand Education Law Association, ANZELA, Brisbane,Australia.

Cantley-Smith, R Clingendael International Energy Programme 2002, Changing the Game: Emerging Law and New Stakeholders in Traditional Energy Markets, The Netherlands.

Libesman, T & Cunneen, C Department of Community Services Grant, Sydney Australian Legal Information Institute 2002, A Review of International Models for Indigenous Child Protection.

Wilding, D, Ang, I, Noble, G & Brand, J SBS 2002, Living Diversity: Australia's Multicultural Future, Sydney.

Wilding, D, McNiell, K & Casson, C Communications Law Centre 2002, One Size Fits None: Australian Telecommunications Household Profiles, Sydney.

Lenta, P 2002, 'Stupidity', JSTOR.