Publications

Collier, R & Sheldon, S 2006, Fathers’ Rights Activism and Law Reform in Comparative Perspective.
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The legal status, responsibilities and rights of men who are fathers - married or unmarried, cohabiting or separated, biological or social in nature - is a topic with a long and well-documented history. Yet recent developments in a number of countries suggest a growing politicisation of the relationship between law and fatherhood. In some countries, an increasingly vocal, visible and well-organised fathers’ rights movement has been credited with influencing perceptions of the politics of family justice. Fathers, it is argued, have become the new victims of family law justice systems that have swung ‘too far’ in favour of mothers. Armed with such claims, fathers’ rights activists have set out to achieve a range of legal reforms, most notably in the areas of child support law and contact and residence rights following separation. This book presents an attempt to understand these developments. Bringing together leading international commentators it provides a careful, critical and comparative analysis of the work of fathers’ rights activists, the role law has played in their campaigning, their legal strategies, their success (or otherwise) in achieving legal reform, similarities and divergences with the women’s movement, and the relationship between fathers’ rights movements and the societies that frame them. In addition to Collier and Sheldon, contributors include: Susan B Boyd (University of British Columbia, Canada), Jocelyn Crowley (Rutgers University, USA), Maria Eriksson (Goteborg University, Sweden), Keith Pringle (Aalborg University, Denmark), Helen Rhoades (Melbourne University, Australia), and Carol Smart (Manchester University, UK).

Griffith, PB, McKeough, J & Bowrey, K 2006, Intellectual Property: Commentary and Materials, 4, Law Book Co.

Hitchens, L 2006, Broadcasting Pluralism and Diversity: A Comparative Study of Policy and Regulation, 1, Hart Publishing, Oxford, UK.
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Broadcasting Pluralism and Diversity is a study of the policy and regulatory measures relating to the promotion of media diversity in three jurisdictions: the United Kingdom, the United States, and Australia. A central focus of the book is regulation of media ownership and control, and, taking an historical approach, the book argues that early policy and regulatory decisions continue to have a significant influence on current reforms. Whilst policy and reform debates focus on ownership and control measures, the book also argues that such measures can not be considered in isolation from other regulatory instruments, and that a holistic regulatory approach is required. As such, content regulation and competition regulation are also considered. Underlying the study is the contention that much of the policy informing pluralism and diversity regulation, although making reference to the importance of the media's role in the democratic process, has also been skewed by a futile focus on the different regulatory treatment of the press and broadcasting, which is adversely influencing current policy debates. The book argues that a different approach, using the public sphere concept, needs to be adopted and used as a measure against which regulatory reform in the changing media environment can be assessed.

Riley, J & Peterson, K 2006, Work choices: A Guide to the 2005 Changes, Thomson, Sydney.

Vrdoljak, A 2006, International Law, Museums and the Return of Cultural Objects, 1, Cambridge University Press, United Kingdom.

Buonamano, RL 2006, 'Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms' in Parry, JT (ed), Evil, law and the state: perspectives on state power and violence, Rodopi, Amsterdam, The Netherlands, pp. 159-171.

Collier, R & Sheldon, S 2006, 'Fathers’ Rights, Fatherhood and Law Reform-International Perspectives' in Fathers’ Rights Activism and Law Reform in Comparative Perspective, pp. 1-26.

Fox, M & Thomson, M 2006, 'Children's Health and Children's Rights' in Freeman, M (ed), Children's health and children's rights, Brill | Nijhoff, pp. 161-182.
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Fox, M & Thomson, M 2006, 'Short Changed? the Law and Ethics of Male Circumcision' in Children's Health and Children's Rights, Brill | Nijhoff, pp. 161-181.
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Goldblatt, BA 2006, 'Evaluating the gender content of reparations: lessons from South Africa' in Rubio-Marín, R (ed), What Happened to the Women? Gender and reparations for human rights violations, SSRC, pp. 48-91.
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The first volume of the International Center for Transitional Justice's new Advancing Transitional Justice Series. Published with the support of the International Development Research Centre.

Grossi, R 2006, ''Legal Issues in International Business'' in International Business, Pearson Education Australia.

Hawes, C 2006, 'Improving the quality of the judiciary in China: Recent reforms to the procedures for appointing, promoting, and discharging judges' in MALLESON, K & RUSSELL, PH (eds), Appointing Judges in an Age of Judicial Power: Critical Perspectives from Around the World, University of Toronto Press, Toronto, Canada, pp. 395-419.

Kelly, AH & Stoianoff, NP 2006, 'Local Government Rates in New South Wales, Australia: An Environmental Tax' in Cavaliere, A, Ashiabor, H, Deketelaere, K, Kreiser, L & Milne, J (eds), Critical Issues in Environmental Taxation. International and Comparative Perspectives: Volume III, Richmond Law & Tax Ltd., Richmond, UK, pp. 537-556.
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It is well recognised that environmentally related taxes play a crucial role in the mix of economic instruments used to enhance environmental policies in OECD countries.' In general terms, economic instruments 'provide an incentive to polluters to modify their production or consumption behaviour via price signals',' This affords ,1 significant difference from traditional and familiar 'command and control' environmental regulation. The use of environmentally related taxes is also in line with 'he 1972 OEeD concept of the Polluter Pays Principle (PPP), defined by the OEeD as a non-subsidisatlon prmciple.' It concerns who should pay for environmental protection by ensuring that the cost of pollution measures is reflected in the price of goods and services that cause the pollution.'! There is nothing like this mechanism at the local government level in New South Wales, the most populated state of Australia.

Lindsay, D & Ricketson, S 2006, 'Copyright, privacy and digital rights management (DRM)' in New Dimensions in Privacy Law, Cambridge University Press, pp. 121-153.
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The combination of tracking technology and online licensing on the one hand, and extra-copyright limitations based in privacy rights on the other, would in my opinion yield a better copyright regime than many national laws now afford with respect to the problem of private copying. Jane C. Ginsburg. Introduction: The quotation from Jane Ginsburg provides a useful entry point into the subject of this chapter: the relationship between copyright law, privacy laws and the emerging phenomenon of digital rights management (DRM). There can be little doubt that the production and distribution of copyright-protected material in digital form has created challenges for its owners, in particular new horizons for seemingly endless forms of infringement by users. These challenges have, in turn, spawned DRM systems and technologies that are designed to deter infringement and facilitate management of rights in new and different ways and which may well provide copyright owners with more control over their material and over users than was possible in the non-digital environment. The phenomenon of ‘digital lock-up’ and the restrictions that this may place upon users of copyright material has already received much attention from policy makers and commentators, but a matter that has received less consideration is the subject of the present chapter: the threat that the development of such systems may pose to the privacy of users.

Rawling, MJ 2006, 'A Generic Model of Regulating Supply Chain Outsourcing' in Arup, C, Howe, J, Mitchell, R, Gahan, P, Johnstone, R & Donnell, AO (eds), Labour Law and Labour Market Regulation, The Federation Press, Leichhardt, Australia, pp. 520-541.
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In Australia and other common law countries, judicial, statutory and contractual definitions of employment have traditionally defined the purview of labour laws. This focus on the employment relationship has been ingrained in labour law to the extent that a branch of law (employment law) and a field of work relations (employment relations) have been founded on the concept of direct employment. Moreover, industrial legislation and industrial instruments have been substantially confined to matters pertaining to employers and employees. Consequently, a crucial task of judicial deCision-making in labour law proceedings has been to determine whether a worker is an employee whose engagement is governed by social and industrial regulation as distinguished from an independent contractor engaged under commercial contractual principles

Richardson, M & Hitchens, L 2006, 'Celebrity privacy and benefits of simple history' in Kenyon, AT & Richardson, M (eds), New Dimensions in Privacy Law, Cambridge University Press, Cambridge, UK, pp. 250-269.
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Riley, J 2006, 'Regulating unequal work relationships for fairness and efficiency: A study of business format franchising' in Arup, C, Gahan, P, Howe, J, Johnstone, R, Mitchell, R & O'Donnell, A (eds), Labour Law and Labour Market Regulation Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, Federation Press, pp. 561-578.
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Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating.

Riley, J & Sarina, T 2006, 'Industrial Legislation in 2005' in Industrial Relations: A Current Review, SAGE Publications Ltd, pp. 48-62.
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Sheldon, S 2006, 'Reproductive Choice: Men’s Freedom and Women’s Responsibility?' in Freedom and Responsibility in Reproductive Choice, pp. 175-195.

Weisbrot, D & Opeskin, B 2006, 'Insurance and Genetics: Regulating a Private Market in the Public Interest' in Betta, M (ed), The Moral, Social and Commercial Imperatives of Genetic Testing and Screening. The Australian Case, Kluwer, pp. 125-163.

Anthony, T 2006, 'Indigenous Self-Determination & Crime:Out of Tune & out of time', This Century's Review, no. 03/06.

Biber, K 2006, 'Book Review: 'Law's Moving Image'', Social & Legal Studies, vol. 15, no. 4, pp. 607-609.

Biber, K 2006, 'Photographs and Labels: Against a Criminology of Innocence', Law Text Culture, vol. 10, pp. 19-40.
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The American photographer Taryn Simon was inspired by the Innocence Project (which aims to acquit falsely convicted people by introducing evidence that was unavailable during their trial) to begin her own photographic project. Simons project explicitly scrutinises the role played by photography, especially its role in producing guilt from innocence, in the criminal justice system.

Biber, K 2006, 'The Spectre of Crime: Photography, Law and Ethics', Social Semiotics, vol. 16, no. 1, pp. 133-149.
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A grainy series of surveillance photographs was tendered into evidence at the trial of a young Aboriginal man accused of robbing a bank. Two police officers testified that they recognised him from the photographs. On appeal to the High Court of Australia, the judges thought that the hooded bandit in the image looked like the spectre from Hamlet. This article uses the discourse of spectrality to explore the consequences for law and ethics when haunted by the transgressive image. It examines the confrontation between the foundational illegality of the Australian nation, and the indigenous man who is accused of a crime against property.

Biber, K & Graham, N 2006, 'Customs in Common: Law, Culture, Memory', MACQUARIE LAW JOURNAL, vol. 6, pp. 1-3.

Burn, J & Simmons, F 2006, 'Trafficking and Slavery in Australia: An Evaluation of Victim Support Strategies', Asian and Pacific Migration Journal, vol. 15, no. 4, pp. 553-570.
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The paper evaluates legal protections and social support systems for victims of trafficking and slavery in Australia within a human rights framework based on the United Nations Protocol to Prevent and Suppress Trafficking in Persons, Especially Women and Children and the UN Principles and Guidelines on Human Rights and Human Trafficking. A major focus of the paper is the evaluation of a system of visas offered by the Australian government to victims of trafficking and slavery. The paper argues that the visa system and social support program is restricted to the assistance of victims who participate in the criminal justice process, thereby limiting state protection of victims of trafficking and slavery.

Carney, T 2006, 'Neoliberal welfare reform and ‘rights’ compliance under Australian social security law', Australian Journal of Human Rights, vol. 12, no. 1, pp. 223-253.
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© 2006 Taylor and Francis Group, LLC. Recent neoliberal reforms to Australian social security and labour law privilege individual industrial bargaining and adopt a ‘job-first’ policy for welfare recipients, which exposes them to greater market pressures. This builds on earlier conservative Howard Government reforms, such as the privatisation of job matching services; insistence on mutual obligation and workfare expectations of social security clients; and intensification of loss of payment penalties for compliance breaches. This article examines the extent to which social security decision-making in Australia is favourably influenced by international treaties that include social security among the social and economic rights sought to be protected. It is argued that rights to social security are of their nature weak and sometimes internally conflicted, but this is compounded by their more limited purchase in Australian law. Consequently, international law has been of less assistance in protecting social security rights within Australia than is the case internationally. Everyone, as a member of society, has the right to social security and is entitled to realization… of the economic, social and cultural rights indispensable for… dignity and the free development of… personality. [Article 22, Universal Declaration of Human Rights, 10 December 1948.].

Carney, T 2006, 'Welfare to work; or work-discipline re-visited?', Australian Journal of Social Issues, vol. 41, no. 1, pp. 27-48.
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Australia recently enacted welfare-to-work reforms for sole parents, the partially disabled and the long-term unemployed. At the same time, it enacted labour law reforms which dismantled labour law award protections in favour of 'individual bargaining'. This paper argues that the. combined effect of these reforms not only brings about closer integration between social security and labour law, but also increases the 'disciplinary' controls over the lives of welfare clients, while also degrading the conditions of the most vulnerable welfare clients, whether they are in work (on reduced employment conditions) or on welfare (on less generous benefits).

Carney, T, Crim, D, Wakefield, A, Tait, D & Touyz, S 2006, 'Reflections on coercion in the treatment of severe anorexia nervosa.', Isr J Psychiatry Relat Sci, vol. 43, no. 3, pp. 159-165.
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BACKGROUND: The high mortality of severe anorexia nervosa causes clinicians to consider any legal avenues for coercing acutely-ill patients to remain in treatment or refeeding programs, such as mental health laws or adult guardianship laws. METHOD: Review of pattern of laws for coercing treatment in various jurisdictions and retrospective file analysis over 4.7 years for a specialist anorexia unit in the State of New South Wales, Australia, to isolate attributes associated with resort to two different avenues of legal coercion. RESULTS: Coercion is most likely indicated for patients with more chronic histories (prior AN admissions), already known to the unit, where they present with other psychiatric illnesses and a low BMI. Compared to voluntary admissions, coerced patients were significantly more likely to experience the refeeding syndrome (an indicator of being seriously medically compromised). They were more likely to be tube fed and placed on a locked unit. LIMITATIONS: Sample size, limited variables and retrospective analysis method. CONCLUSIONS: The study suggests that, where available, clinicians will use legal coercion to help treat severe medical crisis situations, or manage behaviors such as vomiting, excessive exercise/sit-ups, or of absconding to no fixed abode when patients are very young.

Dorsett, S 2006, 'Aboriginal Rights in the Offshore', Griffith Law Review, vol. 15, no. 1, pp. 74-110.
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This article considers the new Foreshore and Seabed Act 2004 (NZ). This Act was passed in response to the Court of Appeal decision in Ngāti Apa in 2003, which determined that Māori customary rights had not been extinguished in the foreshore. The Act constitutes one of the more significant international developments in Aboriginal rights in recent years. This article will situate the main aspects of the Act within Commonwealth native title jurisprudence. In particular, it contrasts the approach of the New Zealand courts, and the subsequent legislation, with that of the High Court of Australia, and to a lesser extent the Supreme Court of Canada, in recent years. The article concludes that the New Zealand Act constitutes a particularly ungenerous approach to Aboriginal rights: one that imposes significant hurdles on claimants, even in comparison to Australian native title law. © 2006 2006 Taylor and Francis Group LLC.

Goldblatt, B 2006, 'Case note: Same-sex Marriage in South Africa –the constitutional Court's Judgment', Feminist Legal Studies, vol. 14, no. 2, pp. 261-270.
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Greenleaf, G, Chung, P & Mowbray, A 2006, 'Emerging Global Networks for Free Access to Law', Journal of Electronic Resources in Law Libraries, vol. 1, no. 1, pp. 1-54.
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Those who value free access to law need to respond to the increasingly global nature of legal research, and the fact that most countries still do not have effective facilities for free access to law. The free access to law movement, centred around University-based Legal Information Institutes (LIIs), is assisting and encouraging the development of free access law facilities in many countries in the developing world. While doing so, it is also creating a global network of interconnected free-access legal research facilities on the Internet. This network is becoming comparable to the global legal research facilities provided by the multinational legal publishers. The free access to law movement is explained: its history, methods of cooperation, and Declaration on Free Access to Law. Public policies to maximise free access to law are advanced to explain why it is not good enough for governments to provide access to law through their own websites. Instead, a ‘competitive model’ is advanced, stressing the right of others to republish legal information. The task of developing global legal research is explained through categorisation of the elements of the visible and ‘hidden’ webs of legal information, and the implications this has for tools that LIIs must develop. This helps explain the modestly decentralised global free access to law network which is emerging, based on independent national and regional LIIs, with a smaller number of ‘hubs'. The World Legal Information Institute (WorldLII), one of the hubs of this network, is explained in detail, particularly as a locus of five strategies to advance global free access to law. It is a Legal Information Institute in its own right with a focus on international content such as the decisions of International Courts and Tribunals. It is an ‘incubator’ of LIIs, hosting collections of national databases which may and have matured into separate LIIs. Third, WorldLII is an integrator of LIIs, providing not only a combined searc...

Hawes, C & Chiu, T 2006, 'Flogging a dead horse? Why Western-style corporate governance reform will fail in China and what should be done instead', Australian Journal of Corporate Law, vol. 20, no. 3, pp. 25-54.
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In terms of legislation and regulation, China's corporate governance regime is now as comprehensive as that of developed Western nations. Yet it has failed to result in noticeable improvements in the performance of Chinese corporate managers. In this article, we argue first, that the continuing failures of corporate governance in China are partly due to Western-style reforms being inappropriate in the current Chinese corporate context. Second, even the effectiveness of such reforms in their countries of origin, such as the United States, is highly doubtful. In some cases, such as creating incentives to `align' the interests of management with shareholders, the reforms have been counterproductive. In other cases, such as the system of establishing independent directors and auditors, reforms have not stopped the abuses that they were designed to address. To transpose these dubious reform methods to China and expect them mysteriously to succeed in the Chinese legal environment is like flogging a dead horse. Instead of tinkering further with imported corporate governance rules, we propose some innovative and culturally specific measures that the Chinese Government, media and business leaders can take to foster greater public awareness of the importance of good corporate governance and to begin to create a culture of compliance among Chinese corporations.

Hawes, CSC 2006, 'The Yijing and Chinese politics: Classical commentary and literati activism in the Northern Song period, 960-1127.', JOURNAL OF ASIAN STUDIES, vol. 65, no. 3, pp. 608-609.
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Hohmann, J 2006, '‘The Thin End of the Wedge: Executive Detention of Non-Citizens & the Australian Constitution’', Yearbook of New Zealand Jurisprudence.

Joint, N 2006, 'Teaching intellectual property rights as part of the information literacy syllabus', Library Review, vol. 55, no. 6, pp. 330-336.
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PurposeTo argue that in the knowledge economy, those who are expert in understanding intellectual property issues, such as librarians and information professionals, have a special responsibility for creating policy, encouraging understanding and resolving legal disputes and conflicts unique to this aspect of the information society. One way of achieving this is through the educational impact of systematic information literacy programmes which include intellectual property issues as part of the syllabus.Design/methodology/approachAn overview of current practice and current opinion.FindingsThat the current culture, especially in higher education towards intellectual property rights, remains both confused and confusing, above all for the “information illiterate” starting out on degree‐level programmes. Attitudes and policies need to be clarified so that a coherent approach to a range of different but related intellectual property (IP) matters such as plagiarism, self‐archiving on research repositories and respect for commercially owned copyright material is uniformly developed. Debate must be differentiated from policy which in turn must be implemented via the information literacy (IL) syllabus.Research limitations/ImplicationsThis is a statement of opinion that could be tested by practical case study investigation.Practical implicationsSuggests that information literacy programmes be promoted as a way of enhancing students' understanding of intellectual property issues.

Kamvounias, P & Varnham, S 2006, 'Getting What They Paid For', Griffith Law Review, vol. 15, no. 2, pp. 306-332.
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Consumer rights of students in higher education: hot or not? Higher education institutions are increasingly viewed as service providers, and students are increasingly referred to as customers. This trend gives rise to questions as to the application of consumer protection laws in a university context. Recent judicial authority in Australia has arguably limited the public law rights of students in respect of universities. The way forward for aggrieved students now may be to take private law actions in contract and pursuant to consumer laws. There is evidence that suggests a use of consumer protection legislation beyond what was contemplated when this legislation was introduced. This paper will review recent developments in the case law in Australia and New Zealand and consider the effectiveness and appropriateness of consumer law as a means of redress for disgruntled university students.

Kamvounias, P & Varnham, S 2006, 'In-house or in court? Legal challenges to university decisions', Education and the Law, vol. 18, no. 1, pp. 1-17.
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Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between `purely academic' decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US.

Karpin, I & Bennett, B 2006, 'Genetic technologies and the regulation of reproductive decision-making in Australia.', J Law Med, vol. 14, no. 1, pp. 127-134.
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This article provides a critical analysis of the current Australian regulatory landscape at the interface between genetics and reproductive decision-making. The authors argue that a comparative analysis with other countries and international law and a contextual examination of the way law regulates concepts such as disease and health, abnormality and normality is necessary before we can develop appropriate policy and legislative responses in this area. Specific genetic testing technologies are considered including prenatal genetic testing, preimplantation genetic diagnosis and inheritable genetic modification. An increasing number of members of the Australian community are using genetic testing technologies when they decide to have a baby. The authors argue that as concepts of disease and health vary among members of the community and the potential to test for traits other than illness increases, a new tension arises between an ethic of individual choice and a role for government in regulating reproductive decision-making.

Karpin, IA 2006, 'Finding a place for altruism in Australian stem cell debates', Human Rights Defender, vol. 15, no. 3, pp. 17-19.

Karpin, IA 2006, 'The Uncanny Embryos: Legal Limits to the Human and Reproduction Without Women', Sydney Law Review, vol. 28, no. 4, pp. 599-623.
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Law through both regulation and prohibition carries us forward in the imaginary leap that is necessary to take us from the embryonic being to the post-human being. Such beings include the hybrid, the chimera, the genetically enhanced, the inheritably genetically manipulated, the embryo with three genetic progenitors and the embryo produced by the fusion of same sex gametes. In this paper I explore how the law, by prohibiting the creation of certain kinds of embryos, is nevertheless giving legislative life to entities that are yet to be made. I consider how the law currently defines these entities and how it would define them if they were developed from the embryo to a fully birthed (human) being.

Kirkby, D & Luckins, T 2006, '‘Winnies and pats ... brighten our pubs’: Transforming the gendered spatial economy in the Australian pub, 1920–1970', Journal of Australian Studies, vol. 30, no. 87, pp. 75-86.
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Landrigan, M 2006, 'Competition for Content: Pay TV and the Anti-Siphoning Laws'.

Leahy, CJ & Stewart, PE 2006, 'Dangerous Recreational Activity in NSW', Tort Law Review, vol. 14, no. 2, pp. 58-63.

Lee, K 2006, '’Creating a Level Playing Field or Expanding the Nanny State? Regulating the Content of Premium Rate SMS/MMS and Walled-Garden Services in Australia', Media and Arts Law Review, vol. 11, no. 2, pp. 99-128.

Lenta, P 2006, 'Waiting for the Barbariansafter September 11', Journal of Postcolonial Writing, vol. 42, no. 1, pp. 71-83.
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Lenta, P 2006, 'Judicial deference and rights', JS Afr. L., pp. 456-456.

Lenta, P 2006, 'The Purposes of Torture', South African Journal of Philosophy, vol. 25, no. 1, pp. 48-61.
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Lenta, P & Beck, S 2006, 'A Sporting Dilemma and Its Jurisprudence', Journal of the Philosophy of Sport, vol. 33, no. 2, pp. 125-143.
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Lindsay, D & Dewan, G 2006, 'Lessons from the USA: Recent U.S. legal and regulatory developments and what they might mean for Australia', Telecommunications Journal of Australia, vol. 56, no. 1, pp. 45-53.
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Some of the legal and regulatory developments in the USA are presented, and their relevance for Australia are assessed. A distinct set of Federal Communications Commission (FCC) regulatory decisions has concerned access to broadband Internet services. The key policy consideration underlying the FCC's approach rested on its views regarding market implications on existing and predicted developments in competing broadband infrastructure platforms. Some of the lessons that could be learned from these regulatory developments in the US are access pricing methodology is inherently controversial and always gives rise to regulatory delays, the FCC's discussion of potential anti-competition implications of residual control of essential infrastructure has been incomplete.

Mauger, L & Stoianoff, NP 2006, 'Protecting Australia's Trade Mark Interests through the Australia-China Free Trade Agreement', LawAsia Journal, vol. 2006, no. 1, pp. 125-162.
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Intellectual property provisions and trade marks consideration in the proposed Australia-China Free Trade Agreement - significant implications for Australian interests.

Millbank, J 2006, 'Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples', Federal Law Review, vol. 34, no. 1, pp. 1-44.
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Millbank, J 2006, 'Recognition of Lesbian and Gay Families in Australian Law — Part One: Couples', Federal Law Review, vol. 34, no. 1, pp. 1-44.
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Millbank, J 2006, 'Recognition of Lesbian and Gay Families in Australian Law — Part One: Couples', Federal Law Review, vol. 34, no. 1, pp. 1-44.
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Millbank, J 2006, 'Recognition of Lesbian and Gay Families in Australian Law - Part Two: Children', Federal Law Review, vol. 34, no. 2, pp. 205-260.
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Millbank, J 2006, 'Recognition of Lesbian and Gay Families in Australian Law — Part Two: Children', Federal Law Review, vol. 34, no. 2, pp. 205-259.
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Millbank, J 2006, 'The Changing Meaning of 'De Facto' Relationships', Sydney Law School Research Paper, vol. 12, no. 06, pp. 82-93.
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The meaning of "de facto relationship" has changed dramatically in Australian law in recent years. The most obvious changes are the raft of legislative reforms including same-sex couples as de facto couples in a wide array of state laws through 1999-2004. Additionally, an examination of recent case law reveals notable changes to the definition of "de facto relationship" through judicial interpretation, with a distinct trend towards a broader, more flexible interpretation of the de facto category, a less formalistic approach to the indicia of cohabitation, and a lesser focus on the traditional hallmarks that are thought to be "marriage-like" (such as public reputation, mingled finances and putative monogamy). These cases are important signposts as the Family Court will soon be grappling with questions around de facto relationships, including how to determine the existence and duration of a relationship.

Rawling, MJ 2006, 'Australian Trade Unions as Shareholder Activists: The Rocky Path Towards Corporate Democracy', Sydney Law School Research Paper, vol. 28, no. 06, pp. 227-258.
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This article examines the use of the "100 shareholder rule' by trade unions to address the common concerns ofworkers and shareholders such as the work safety perfonnance of corporations. The shareholder action by the Transport Workers' Union at the 2003 Boral Annual General Meeting is used as an illustrative example of union shareholder activism. In light of the withdrawal ofconsultation with trade unions by way of labour law mechanisms, particularly tbe individualisation and union exclusion tbat has marked Australian workplace relations in recent years, shareholder activism is an important avenue for trade unions to pursue their concerns. Consequently, this article argues for maintaining the' 100 shareholder rule' (part of which is undcr threat by federal governl11ent proposals) pal1icularly so that it can continue to be used by worker shareholder groups. Two theories of the corporation - the director-centrcd stakeholder theory and the del110crutic theory - are considered as theoretical devices to .i ustify un ion shurcholder activism. It is argued that whilst both theories may huve some merit in this context, the democratic theory provides the best foundation for union shareholder activism.

Rawling, MJ 2006, 'Capital Reintegration into Supply Chains and its Implications for Labour Law', Employment Relations Record, vol. 6, no. 2, pp. 1-19.
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The task of regulation, particularly the regulation of work is becoming more complex. Consequently, labour law initiatives are becoming more sophisticated. This paper uses supply chain or commodity chain analysis (2) to assist with an understanding of the causes of contingent work (3) and to comment on the best way of regulating work. To that end, the paper examines the reintegration of large-scale profit-making organizations into chains characterized by hierarchy and control. It will be shown that this aspect of commodity chain analysis resonates with explanations of contingent work drawing on 'macro-social factors'--such as change in state regulatory approaches, the changing balance of power between capital and labour, and the constant pursuit of profit by capital. It is argued that an explanation drawing on business integration into commodity chains and macro-social factors has significant advantages over alternative explanations of the rise in contingent work, such as those that focus on a paradigm shift from Fordism and the large firm to flexible specialization and 'flat' networks of smaller firms.

Rawling, MJ 2006, 'Satisfying Employee and Shareholder Demands in an Era of Shareholder Activism', Keeping Good Companies, vol. 58, no. 2, pp. 104-108.
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LL abour activism in the corporate sphere has been a feature of corporate governance for a number of decades in the United States of America. In the last few years, Australian trade unions have followed the lead of their US counterparts by proposing resolutions at annua l general meetings. This shareholder activism is an important avenue for employees to pursue their concerns

Redmond, PM 2006, 'The thrall of shareholder value: Implications for corporate social responsibility and directors' duties', Keeping Good Companies, vol. 58, no. 2, pp. 79-83.

Riley, J 2006, 'A Fair Deal for the Entrepreneurial Worker? Self-employment and Independent Contracting Post Work Choices', Australian Journal of Labour Law, vol. 19, no. 3, pp. 246-262.

Riley, J 2006, 'The Evolution of the Contract of Employment Post Work Choices', University of New South Wales Law Journal, vol. 29, no. 1, pp. 166-180.

Riley, J & Sarina, T 2006, 'Industrial Legislation in 2005', Journal of Industrial Relations, vol. 48, no. 3, pp. 341-355.
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The federal government’s WorkChoices reforms - finally passed by both houses of Parliament in December 2005 - dominated legislative development in the industrial relations field in 2005. This report digests the main features of the extensive changes wrought by this legislation, including the ‘hostile takeover’ of the State systems, the establishment of a new wage-fixing body, changes to workplace bargaining, more draconian controls on industrial action, and the changes to unfair dismissal protection. A constitutional challenge to this legislation has been lodged by several State governments. The outcome of this challenge will not be known for some time.

Schofield-Georgeson, E & Campbell, G 2006, 'Tying aid to the State Building Corporations', Yale Globalist, vol. 1, no. 1, pp. 4-5.

Stewart, P & Leahy, C 2006, 'Dangerous Recreational Activity in New South Wales'.

Stewart, PE 2006, 'More on Obvious Risk and Dangerous Receational Activity', Australian Civil Liability, vol. 3, no. 7, pp. 67-70.

Thomson, M 2006, 'Viagra Nation: Sex and the Prescribing of Familial Masculinity', Law, Culture and the Humanities, vol. 2, no. 2, pp. 259-283.
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This article takes as its focus the discourses that emerged around access to Viagra. More specifically, the construction and privileging of a legal familial masculinity is addressed. These responses to Viagra provide the focus for a number of reasons. The debates marked a shift in public consideration of masculine sexuality in a variety of ways. Most notably, it introduced a degree of transparency in the public consideration of what was and what was not appropriate, and hence deserving, masculinity. The article starts by outlining the understanding of masculinity that underpins the subsequent analysis. It then moves to introduce aspects of the relationship between law and masculinity. It considers how the discourses around access relate to broader legal and cultural matrices that privilege a certain masculinity, one which is heterosexual, genito-centric, naturalistic, and above all familial. Importantly, the privileging of penile/ vaginal contact denies the legitimacy of other connections that do not exist within this economy. Finally, consideration is given to the wider question of what Viagra tells us about techniques of social organization.

Thorpe, D & Stewart, P 2006, 'Not to Be Too Pedantic...But What Exactly Is a Dangerous Recreational Activity?', Australian and New Zealand Sports Law Journal, vol. 1, no. 1, pp. 121-158.
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This article examines the defence to a claim in negligence which is provided by Section 5L of the Civil Liability Act 2002 (NSW). The section was enacted as part of the extensive reform of tort law in New South Wales following the Review of the Law of Negligence Final Report, in late 2002 (the Ipp Report). The section provides a complete defence where a plaintiff is injured by an obvious risk of a dangerous recreational activity. Similar provisions exist in other states tort law reform legislation. This article examines in detail the decision of the New South Wales Court of Appeal in Fallas v Mourlas, the leading case so far in New South Wales, on the interpretation and application of section 5L and, in particular, the manner in which the Court of Appeal interpreted the key words used in the section. The definition of a dangerous recreational activity as one which involves a significant risk of physical harm is crucial to the application of the defence and the authors conclude that the interpretation of those words by Ipp JA in the New South Wales Court of Appeal is problematic. The authors consider some relevant rules of statutory interpretation as well as relevant parts of the IPP Report and other decisions in the Supreme Court of New South Wales and Court of Appeal concerning the `dangerous recreational activity defence. The authors conclude that the circumstances in which the defence will be available are far from certain and that further appellate consideration of section 5L or legislative amendment is needed.

Watson, N 2006, 'Howard's End: The Real Agenda Behind the Proposed Review of Indigenous Land Titles', Australian Indigenous Law Reporter, vol. 9, no. 4, pp. 1-12.

Watson, N 2006, 'The Corporations (Aboriginal and Torres Strait Islander) Bill 2005 Cth: Coming Soon to a Community Organisation Near You', Indigenous Law Bulletin, vol. 6, no. 19, pp. 13-16.
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In June 2005, the Minister for Indigenous Affairs, Amanda Vanstone, announced that the Corporations (Aboriginal and Torres Strait Islander) Bill 2005 (Cth) (`CATSIB) would replace the Aboriginal Councils and Associations Act 1976 (Cth) (`ACAA). Senator Vanstone described the CATSIB as a response to Indigenous demands for greater scrutiny of community organisations: Indigenous people expect their corporations to provide the best possible services and they are sick and tired of being the victims of unscrupulous or incompetent administrators. This Bill is an important part of the Governments reforms and will ensure that Aboriginal people get a better deal and better value for money.[1] This paper will argue that the CATSIB is more likely to frustrate Indigenous organisations than deliver `a better deal. Although the Bill has some positive features, it is a complex regime that has the potential to usurp Indigenous self-determination. This paper will be divided into two parts. Part One will discuss the history of the ACAA and deficiencies identified by various reviews. Part Two will analyse key provisions of the CATSIB.

Watson, N & Davis, MJ 2006, ''It's the Same Old Song': Draconian Counter-Terrorism Laws and the Deja Vu of Indigenous Australians', Borderlands E-Journal, vol. 5, no. 1, pp. 1-8.
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Over the course of the past four years, the Australian government's legislative response to the terrorist attacks in New York 11 September 2001 has been controversial. Central to the legislative response package has been the Security Legislation Amendment (Terrorism) Act 2002 (Cth) and the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth) which has been scrutinised by many sectors of the Australian community for the way in which it impinges upon the fundamental human rights of all Australians such as freedom of speech, freedom of movement and freedom of association.

Weisbrot, D & Opeskin, B 2006, 'Insurance and Genetics: Regulating A Private Market in the Public Interest'.

Weisstub, DN & Carney, T 2006, 'Forensic mental health law reform in Japan: From criminal warehousing to broad-spectrum specialist services?', International Journal of Law and Psychiatry, vol. 29, no. 2, pp. 86-100.
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Wilding, D, Dwyer, T, Curtis, S & Wilson, H 2006, 'Too Soon: The Government's Media Ownership Proposals', Media International Australia, vol. 119, no. 1, pp. 38-47.
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In response to Minister Helen Coonan's discussion paper on media reform released in March, the authors survey the recent history of media ownership policy with particular reference to the Productivity Commission's visionary 2000 report on broadcasting. They argue that the present proposals fall short of the plan laid out in this report and are premature pending further development of digital media.

Zacharias, U & Arthurs, J 2006, 'Intaroduction', Feminist Media Studies, vol. 6, no. 1, pp. 101-120.
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Anthony, T 1970, 'Comparative Analysis and the Sociology of Law', Reading Julius Stone Intersections Series, University of Sydney, Faculty of Law.

Anthony, T 1970, 'Land Rights and Indigenous Legal Identities', Law and Society Conference, University of Wollongong.

Anthony, T 1970, 'William Blackstone's Feaudal Influence on north Australian Mode of production', 50th Anniversary Conference of the Oriental Society of Australia, University of Sydney.

Barker, DL 1970, 'The American Case Method and its Influence on Modern Legal Education', ALTA 2006 refereed Conference Papers, Legal Knowledge: Learning, Communicating, Doing, ALTA, Melbourne, Australia, pp. 1-15.
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This paper is concerned with the development of the case method system of teaching which has remained at the core of American legal education until the present time. Whilst Christopher Columbus Langdell has been credited with originating the case method form of teaching law, there is evidence that it had been adopted as a form of instruction prior to Langdells appointment to the Harvard Law School in 1870. Martin Lloyd Levine states that ‘the case method had been developed by Clerke, who ran his own law school, and by Pomeroy at New York University and at Hastings’.1

Booth, T 1970, 'Dispute Resolution in the Criminal Justice Context: Through the Lens of the Crime Victim', Meiji/UWS Research Symposium, Parramatta, NSW.

Booth, T 1970, 'Homicide Matters and Victim Impact Evidence: a New Sentencing Paradigm in NSW', UWS Research Symposium at Parramatta, UWS, Parramatta.

Booth, T 1970, 'Homicide, Victim Impact Evidence and the Conceptualisation of Harm: the Role of Victim Impact Statements in Sentencing Homicide Offenders', Centre for Sentencing Research conference, University of Strathclyde, UK.

Booth, T 1970, 'Victims of crime, vulnerable citizens and the criminal justice paradigm', Sentencing: Principles Perspectives and Possibilities Conference, Canberra.
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This paper explores recent amendments to the Crimes (Sentencing Procedure) Act (NSW) that require the sentencing court to take account of the harm sustained by the victim and the community when formulating penalty. In particular the issue addressed is whether these amendments require NSW sentencing courts to change their approach to victim impact statements from family victims in the sentencing of homicide offenders.

Booth, T 1970, 'Victims of Crime, Vulnerable Citizens and the Criminal Justice Paradigm', Sentencing: Principles, Perpectives and Possibilities, National Judicial College of Australia, Canberra.

Buxton, K, Jackson, K, DeZwart, M, Webster, L & Lindsay, D 1970, 'Recorded lectures: Looking to the future', ASCILITE 2006 - The Australasian Society for Computers in Learning in Tertiary Education, pp. 101-104.
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Monash University's Faculty of Law has been providing undergraduate students with audio tapes of lectures for many years. Traditionally students would borrow the audio tape and listen to it within the Library. In 1999 the University Library began investing in digital recording technology enabling selected lectures to be made available to students via streaming servers. By Semester 1 2006, 64 undergraduate law classes were being taped, with some classes registering over 7000 hits for the semester. Student expectations of and reliance on these online lectures has steadily grown, with teachers facing increasing pressure to tape their lectures. This pressure is now expanding to demands for more flexible methods of access to the lectures. This paper looks at the development of recorded lectures at Monash University, with a particular emphasis on the experience of the Faculty of Law. Teacher concerns regarding the provision of recorded lectures and the potential implications for other teachers and units in the faculty of a Semester 2 trial of podcast lectures is discussed. Copyright © 2006 Buxton, K., Jackson, K., deZwart, M., Webster, L. and Lindsay, D.

Crofts, P 1970, 'Visual Contamination: Disgust and the Regulation of Brothels', Passages: Law, Aesthetics, Politics, Passages: Law, Aesthetics, Politics, University of Melbourne Law School, Melbourne, Australia, pp. 1-11.
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Brothels have been able to operate as legitimate commercial businesses in NSW for over a decade. Despite this, brothels continue to be treated differently from other commercial businesses with similar amenity impacts. The ‘planning principles’ enunciated by the Land and Environment Court in Martyn v Hornsby Shire Council [2004] have been highly influential in the differential treatment of brothels. These planning principles are highly restrictive and go beyond traditional planning concerns. This paper argues that these principles are animated by an aesthetic of disgust. William Miller’s text Anatomy of Disgust, provides insight into why brothels may trigger disgust, due to their association with sex and immorality. The planning principles reflect disgust reactions, particularly in terms of the desire to remove the polluting and contaminating objects from the visual field. Finally, this paper considers strategies for reform in light of the association of brothels with disgust.

Dorsett, SG 1970, 'National Report on Occupational Safety and Health for New Zealand, Conference Proceedings, International Society for Social Security and Labour Law', Paris.

Dwyer, A 1970, 'Species Listing and Precaution Under the Environmental protection and Biodiversity Conservation Act 1999 (Cth)', 2006 Refereed Published ALTA Conference Papers, Legal Knowledge: Learning, Communicating and Doing, ALTA Secretariat, Melbourne, Australia, pp. 1-19.
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The process of listing and delisting of species for the purpose of conservation of biodiversity is complex and the subject of considerable debate.1 The consequences of listing may have an environmental benefit but there are also social, economic and cultural implications and as a result the decision makers work within a volatile environment. One of the important issues to be resolved is how decisions for listing are made in the face of scientific uncertainty and the role of the precautionary principle in the decision making process.

Hitchens, L 1970, 'Citizen Versus Consumer in the Digital World', UNSW Law Research Paper, University of Melbourne, Parkville, Victoria.

Jackson, K, Potter, B, Lindsay, D, Webster, L, Buxton, K & deZwart, M 1970, 'Reducing staff and student workload: Redevelopment of an online law unit', ASCILITE 2006 - The Australasian Society for Computers in Learning in Tertiary Education, p. 976.
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Law of the Internet was the first entirely online postgraduate unit offered by the Faculty of Law at Monash University. It was first offered in 1999 and has been offered at least twice a year since that time. The unit was designed around a website presenting ten modules of content and four discussion forums. Online tasks were submitted via the discussion forum or via email, with student-teacher interaction facilitated via the discussion forums. The constantly changing nature of the unit content, the volume of tasks completed by the students and associated assessment, and the heavy administrative load have created a unit that is very labour intensive for both students and staff. As the Faculty moves to the provision of increasing numbers of online postgraduate units, it was decided to revisit the design of Law of the Internet with a view to reducing the workload commitment of the teacher and support staff. This poster outlines the process of that review, the selection and implementation of alternative technologies, including wikis and an in-house collaborative learning environment, LEX. Preliminary results as to the impact of the redesign on staff and student workloads will be presented. © 2006 Jackson, K., Potter, B., Lindsay, D., Webster, L., Buxton, K., deZwart, M.

Lenta, P 1970, 'The purposes of torture', South African Journal of Philosophy, pp. 46-60.
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In this essay, I take seriously Jeremy Bentham's caution against treating torture as though it were a single phenomenon, susceptible to moral justification or condemnation independently of the purposes for which it is used. My aim is to identify the types of torture that occur nowadays. I discuss a number of forms of violence that have recently been identified as types of torture, including interrogational, terroristic, dehumanising and sadistic torture, as well as torture as a form of punishment. To this list of types I add a further, often overlooked, type: 'spectacular' torture as described by Michel Foucault. Rather than obsolete, as Foucault's Disciple and Punish might suggest, I argue that there is no reason why a form of spectacular torture could not take place today. I consider the possibility that the torture that has taken place at Guantanamo Bay is of this kind.

Marychurch, J & Stoianoff, NP 1970, 'Blurring the Lines of Environmental Responsibility: How Corporate and Public Governance was Circumvented in the Ok Tedi Mining Limited Disaster', Legal Knowledge: Learning, Communicating and Doing: Australasian Law Teachers Association - ALTA 2006 Refereed Conference Papers, ALTA, Australasian Law Teachers Association, Victoria University, Melbourne, Australia, pp. 3-25.
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This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.

Maxwell, KF & Monahan, GI 1970, 'Planning for the Future: Clinical legal education for contemporary law', Australasian Law Teachers Association (ALTA) Conference 2006, Australasian Law Teachers Association (ALTA) Conference 2006, ALTA Secretariat, Victoria University, Melbourne, pp. 1-16.

Rawling, MJ 1970, 'Outworkers and the Federal Takeover of Labour Law', Australian Labour Law Association Third Biennial Conference: The Challenge for Contemporary Labour Law - New Directions and Disciplines, Brisbane, Australia.

Rawling, MJ 1970, ''Union Shareholder Activism at Boral: The Rocky Path Towards Corporate Democracy'', Corporate Law Teachers Association Conference 2006, Corpoarte Law Teachers Association Conference, The University of Queensland,Australia.

Riley, S 1970, 'The Electronic Age: Virtual Conveyancing and the Torrens Title System', Proceedings of the 31st Australasian University Building Educators Association Conference, Australasian Universities Building Eduication, Faculty of Design Architecture and Building, University of Technology, Sydney, Sydney, pp. 1-21.

Stoianoff, NP 1970, 'China and the Protection of Intellectual Property', China: The New Legal Scene: Opportunities and Risks, Centre for Continuing Legal Education, University of New South Wales, Kensington, New South Wales.

Stoianoff, NP 1970, 'Convergent Law, Divergent Behaviour: The Enforcement of Intellectual Property Rights in the People's Republic of China', The Development of Law in Asia: Convergence versus Divergence?, Asian Law Institute, East China University of Politics and Law, Shanghai, China, pp. 967-972.

Stoianoff, NP 1970, 'The Problem of Intellectual Property Enforcement in China: a cultural issue or just a stage in the making of a new Superpower?', UNSW School of Law Seminar Series, University of New South Wales.

Stuhmcke, AG 1970, 'Complaining hard and complaining often: what now for the future of grievance handling in Australian Universities', OMDOSHEAA 5th Conference, UNE.

Stuhmcke, AG 1970, 'University ombudsman: the need for a national grievance handler', OMDOSHEAA, Armidale.

Tian, Y & Zengpei, X 1970, 'Implication of TRIPs & Future Strategies for Consideration', WIPO/ESCAP Colloquium on Intellectual Property, Bangkok, Thailand.

Varnham, S 1970, 'Search and Seizure in New Zealand Schools', Annual Conference of Australia and New Zealand Education Law Association, Keeping People and Property Safe in the Educational Environment, ANZELA, Hobart, Tasmania.

Varnham, S & Kamvounias, P 1970, 'Keeping them honest:higher education institutions and consumer protection laws', Annual Conference of the Australia and new Zealand Education Law Association, Keeping People and Property Safe in the Education Environment, ANZELA, Hobart, Tasmania.

Wangmann, JM 1970, ''It's not new, but it's SMART: Recent work in the Sutherland Shire'.', WDVCAP Annual Conference,Creating a Seamless Justice System, Sydney.

McCallum, R & Rawling, MJ Standing Committee on Social Issues, Legislative Council of New South Wales 2006, Inquiry into Impact of Commonwealth WorkChoices Legislation, pp. 1-41, NSW, Australia.

Millbank, J Human Rights and Equal Opportunity Commission 2006, Areas of Federal Law that Exclude Same-Sex Couples and their Children, pp. 1-131, Australia.
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Independent book length research report auditing all federal law that impacts on couple and parenting relationships, undertaken for HREOC.

Wilding, D, Atmore, C & Beal, E Communications Law Centre 2006, Not So Special: Telecommunications Contracts, Disability and Unfair Practices, Melbourne.

Wilding, D, Dwyer, T, Curtis, S & Wilson, H Communications Law Centre 2006, Content, Consolidation and Clout: How Will Regional Australia Be Affected by Medi Ownership Changes?, pp. 1-179, Sydney.

Anthony, T 2006, 'Review: Black Glass: Western Australian Courts of Native Affairs 1936-54', ANU Printing.

Biber, K 2006, 'Book Review: Law’s Moving Image.', SAGE Publications, pp. 607-609.
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Hawes, CSC 2006, 'The Yijing and Chinese Politics: Classical Commentary and Literati Activism in the Northern Song Period, 960–1127. By Tze-Ki Hon. Albany: State University of New York Press, 2005. xiii, 217 pp. $75.00 (cloth); $24.95 (paper).', Duke University Press, pp. 608-609.
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NA

Leary, DK 2006, 'The Precautionary Principle in Practice: Environmental Decision-Making and Scientific Uncertainty, by Jacqueline Peel', Legal Service Bulletin Co-operative Ltd, pp. 179-179.