Anthony, T & Anthony, D 2008, 'Psychologising Criminals and the Frankfurt School's Critique' in Anthny, A & Cuneen, C (eds), The Critical Criminology Companion, Hawkins Press, An imprint of the Federation Press, Sydney, Australia, pp. 43-54.
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The birth of criminology and psychology as scientific pursuits in the mid-19th century drew together the two disciplines (Hollin 2002: 147). Institutional criminologists, the courts1 and popular culture2 have maintained their fascination with and reliance on psychological models to explain criminal behaviour. They assume that the individuals psychology is the cause of crime and that psychotherapy can be relevant in the eradication of crime. But despite this focus on the individual criminal or act of crime, psychology has a broader tradition in criminology, including in critical criminologies. Notably, the Frankfurt School engaged neo-Freudian psychoanalysis to provide a political critique of the criminal justice functions of the authoritarian state. Such an approach tends to be overlooked by those who associate psychology with positivism.
Bennett, B, Karpin, I, Ballantyne, A & Rogers, W 2008, 'Gender Inequities in Health Research: An Australian Perspective' in Michael Freeman (ed), Law and Bioethics: Current Legal Issues, Oxford University Press, New York, USA, pp. 409-431.
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This chapter presents the current challenges facing legislators, regulators, researchers, and ethics committees in determining how and when to include women appropriately in research, and ensure that sex analysis of research results is routinely performed. It offers five issues that require attention to address these challenges: that national regulatory statements could provide researchers with definitions of the terms 'sex' , 'gender', and 'gender equity' in research; that sex and gender analysis should be built into health research protocols; the lack of internationally comparable data regarding the rates of inclusion of men and women presents a major hurdle for analysing the efficacy of different regulatory strategies; the accessibility of data would be facilitated by a requirement for publication of the results of health research to include descriptions of sex analysis performed on research data; and that institutional review boards, research ethics committees, and researchers themselves require better education about the scientific and ethical importance of including of women in clinical research.
Blazey, P & Tian, G 2008, 'Intellectual Property Law in China' in Blazey, P & Chan, K (eds), The Chinese Commercial Legal System, Lawbook Co, Pyrmont, NSW, pp. 321-334.
Carney, T 2008, 'Culture, Community Or Rights' in Autonomy and Human Rights in Health Care, Springer Netherlands, pp. 155-172.
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Gillies, P, Stoianoff, NP & Dahdal, A 2008, 'Chinese Company Law' in Blazey, P & Chan, K (eds), The Chinese Commercial Legal System, Lawbook Co, Pyrmont, NSW, pp. 241-257.
Goldblatt, BA & Albertyn, C 2008, 'Towards a Substantive Right to Equality' in Woolman, S & Bishop, M (eds), Constitutional Conversations, PULP, pp. 231-254.
Hawes, C 2008, 'Corporate CEOs as cultural promoters' in The New Rich in China: Future Rulers, Present Lives, pp. 85-98.
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The CEOs and other senior executives of large corporations, both state-controlled and privately-managed, are an influential group among the new rich in China. However, the majority of these corporate executives are not content to be seen merely as materially rich: they also wish to become culturally rich too, and to raise the cultural level of their employees and even of their customers. Culture in this context refers primarily to high culture activities such as literature, art, architecture and philosophy, but also to more popular cultural forms such as television dramas if they have a didactic purpose beyond mere entertainment.
Hawes, C 2008, 'Corporate CEOs as Cultural Promoters' in Goodman, DSG (ed), The New Rich in China: Future Rulers, Present Lives, Routledge, London, UK, pp. 85-98.
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Hitchens, LP 2008, 'Media Concentration' in Cane, P & Conaghan, J (eds), The New Oxford Companion to Law, Oxford University Press, Oxford, pp. 768-768.
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For any reader needing a concise yet expert explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than can be found in legal dictionaries but always accessible to the non-specialist, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation. The Companion draws upon the expertise of over 700 scholars and practitioners, offering the widest possible range of perspectives on legal topics.
Karpin, IA 2008, 'Constructing the Body Inside and Out:genetic and Somatic Modification' in Bennett, B, Carney, TR & Karpin, I (eds), The Brave New World of Health, Federation Press, Sydney, Australia, pp. 73-92.
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Libesman, T 2008, 'Indigenous Children and Contemporary Child Welfare' in Monahan, G & Young, L (eds), Children and the law in Australia, LexisNexis Butterworths, Australia, pp. 329-351.
Riley, J & Sarina, T 2008, 'The New Conflict Managers: A Critical Assessment of Alternative Dispute Resolution Methods under Work Choices' in Michelson, G, Jamieson, S & Burgess, J (eds), New Employment Actors Developments from Australia, Peter Lang, Bern, pp. 223-234.
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This volume contains a selection of papers which go back to a conference on new employment actors, held at the University of Sydney in November 2006.
Stewart, PE & Stuhmcke, AG 2008, 'The Child in Utero and Ex Utero' in Monahan, G & Young, L (eds), Children and the Law in Australia, LexisNexis Butterworths, Butterworth-Heinemann, pp. 54-82.
Stoianoff, NP 2008, 'Chinese Taxation Law' in Blazey, P & Chan, KW (eds), The Chinese Commercial Legal System, Lawbook Co, Pyrmont, NSW, pp. 307-319.
Stuhmcke, AG 2008, 'Ombudsmen and Integrity Review' in Pearson, L, Harlow, C & Taggart, M (eds), Administrative Law in a Changing State, Hart Publishing, Oxford, UK, pp. 349-376.
van Rijswijk, HM 2008, 'Judy Grahn's Violent, Feminist Camp' in Byron, G & Sneddon, A (eds), The Body and the Book, Rodopi, Amsterdam, The Netherlands, pp. 319-330.
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It is often said that feminists, especially radical lesbian feminists, are not funny. Conservatives have levelled lack of humour at feminists as a political weapon, as a sort of baseline attack: the claims of feminists, they have argued, are a bit of a joke, whereas they themselves are not funny. With Judy Grahn, we see this weapon being wielded figuratively in retaliation: not only is her work funny, it is violently funny and both funny and violent. In my reading of two of her poems, 'The Psychoanalysis of Edward the Dyke' and 'I have come to claim', I argue that Grahn's humour plays on elements of camp and violence as a site of political subversion. At the time of writing both poems, during the 1960s, Grahn was very concerned with working-class, feminist, lesbian politics. These concerns arise thematically in her work of the 1960s, where she deals with sexual violence, homosexuality, racism and class politics. My focus here is not so much on thematics but on the aesthetics of Grahn's poetry. How do camp humour and violent imagery articulate her concerns?
Vrdoljak, A 2008, 'Access to Justice for Minority Groups' in Francioni, F, Gestri, M, Ronzitti, N & Scovazzi, T (eds), Accesso Alla Giustizia Dell'individuo Nel Diritto Internazionale E Dell'unione Europea, Giuffre Editore, Milano, Italy, pp. 115-148.
Vrdoljak, A 2008, 'The Secretariat and Support of the World Heritage Committee' in Francioni Francesco (ed), The 1972 World Heritage Convention: A Commentary, Oxford University Press, New York, United States, pp. 243-268.
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The World Heritage Committee shall receive and study requests for international assistance formulated by States Parties to this Convention with respect to property forming part of the cultural or natural heritage, situated in their territories, and included or potentially suitable for inclusion in the lists mentioned referred to in paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the protection, conservation, presentation or rehabilitation of such property.
Vrdoljak, A 2008, 'World Heritage Committee and International Assistance' in Francioni Francesco (ed), The 1972 World Heritage Convention: A Commentary, Oxford University Press, New York, United States, pp. 219-241.
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The World Heritage Committee shall recieve and study requests for international assistance formulated by State Parties to this Convention with respect to property forming part of the cultural or national heritage, situated in their territories, and included or potentially suitable for inclusion in the lists mentioned referred to in paragraphs 2 and 4 of Article 11.
Vrdoljak, AF 2008, 'Reparations for Cultural Loss' in Lenzerini Federico (ed), Reparations for Indigenous PeoplesInternational and Comparative Perspectives, Oxford University Press, United States, pp. 197-228.
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Vrdoljak, AF 2008, 'Self-determination and cultural rights' in Francioni, F & Scheinin, M (eds), Cultural Human Rights, Martinus Nijhoff Publishers, The Netherlands, pp. 41-78.
Behrendt, L & Watson, N 2008, 'A Response to Louis Nowra', Alternative Law Journal, vol. 33, no. 1, pp. 45-47.
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It is easyt o understandw hy it is that when non- Aboriginal people see images of crisis in Aboriginal I communities they are moved to do something.But sometimes those good intentions are not enough. In the samew ay the architects of the removal policy who thoughtt hat assimilation was in the best interests of Aboriginal children often did not see the tragic consequences so those they were trying to help, it can often be the case that attempts to help can do more harm than good.
Bello y Villarino, JM & Vijeyarasa, R 2008, 'The international implications of the European consensus against the death penalty: The obligation of the EU to protect European citizens abroad from execution', Journal of European Studies, Universitas Indonesia,, vol. 4, no. 2, pp. 58-73.
Bennett, B & Karpin, I 2008, 'Regulatory options for gender equity in health research', International Journal of Feminist Approaches to Bioethics, vol. 1, no. 2, pp. 80-99.
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It is clear that where a disease affects men and women differently, research on potential therapies or cures should include both men and women and should examine whether the therapy is effective and safe for both sexes. In this paper we consider whether there is an appropriate role for law in regulating to ensure an examination of these sex- and gender-specific aspects in health research. We consider the relative advantages and disadvantages of pursuing a regulatory approach to achieving gender equity in the field of women's health by exploring first, the meaning of gender equity, and second, the regulatory mechanisms that might be best suited to promoting the goal of gender equity. Within our examination of different regulatory forms and mechanisms, we also interrogate the shift from gender-neutral provisions relating to sex in favor of generalized notions of fairness that remove any specific consideration of sex.
Biber, K 2008, 'Being/Nothing: Native Title and Fantasy Fulfilment', Indigenous Law Journal, vol. 3, no. 1, pp. 1-17.
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This paper proceeds from the idea that the nation is a fantasy, an imaginary zone through which identity, belonging and control are mediated. I explore the consequences of imagining the nation in this way by reading the formative Australian cases through which Native title jurisprudence developed in this country. Those cases - Mabo, Wik and Yorta Yorta - and the public discourses surrounding them reveal the competing national fantasies at stake in disputes over property, recognition and co-existence. Using the theoretical writing of psychoanalytic scholars Slavoj iek and Julia Kristeva, and the critique of nationalist practices from the work of Benedict Anderson and Ghassan Hage, I interrogate what it means to possess the nation.
Biber, K 2008, 'Beseiged at Home: Jimmy Governor's Rampage', Public Space: The Journal of Law and Social Justice, vol. 2, pp. 1-41.
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In July 1900, Jimmy Governor and his brother Joe commenced their murderous rampage across central New South Wales, killing nine women and children, maiming others, and raping a teenage girl. They were pursued for three months across 3000 kilometres, taunting their hunters with clues, letters and tricks. The last men in the state to be proclaimed outlaws, their pursuit and capture fascinated and terrified a nation on the eve of its Federation.After his conviction, Governors execution was delayed until after the conclusion of Federation celebrations; even a fragile nation understood the perilous symbolism of launching nationhood whilst hanging a transgressive black man. This article re-examines the crimes, evidence and trial of Governor, and the intense media reportage around them. It reveals a perpetually contested claim for control: of the family, the workplace, race, nation and empire.
Biber, K 2008, 'Besieged at Home: Jimmy Governor's Rampage', Public Space: Journal of Law and Social Justice, vol. 2, pp. 1-41.
Carney, T 2008, 'The mental health service crisis of neoliberalism — An antipodean perspective', International Journal of Law and Psychiatry, vol. 31, no. 2, pp. 101-115.
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Carney, T & Beaupert, F 2008, 'Mental health tribunals: rights drowning in un-‘Chartered’ health waters?', Australian Journal of Human Rights, vol. 13, no. 2, pp. 181-208.
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© 2008 Taylor and Francis Group, LLC. This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic ‘Charters’ of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time assessing the merits of each case in line with civil rights standards for prompt and fair hearings, especially where individual liberty is at stake. Because overseas research demonstrates that mental health is a very special jurisdiction, the article summarises those findings before turning to the human rights implications.
Carney, T, Tait, D, Richardson, A & Touyz, S 2008, 'Why (and when) clinicians compel treatment of anorexia nervosa patients', European Eating Disorders Review, vol. 16, no. 3, pp. 199-206.
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AbstractObjectiveThis paper addresses the question of the circumstances which lead clinicians to use legal coercion in the management of patients with severe anorexia nervosa, and explores similarities and differences between such formal coercion and other forms of ‘strong persuasion’ in patient management.MethodLogistic regression and other statistical analysis was undertaken on 75 first admissions for anorexia nervosa from a sample of 117 successive admissions to an eating disorder facility in New South Wales, Australia, where an eating disorder was the primary diagnosis. Admissions with other primary diagnoses, such as bulimia nervosa (25 episodes), and entries with a co‐morbid diagnosis (e.g. depression or opiate overdose), were discarded, leaving 96 admissions by 75 individuals.ResultsResort to measures of legal coercion into treatment was found to be associated with three main indicators: the patient's past history (number of previous admissions); the complexity of their condition (the number of other psychiatric co‐morbidities); and their current health risk (measured either by Body Mass Index (BMI) or the risk of re‐feeding syndrome).ConclusionsOur study is consistent with the few earlier studies about indicators for legal coercion in anorexia nervosa management, and suggests that clinicians use legal coercion very sparingly, distinguishing legal coercion from other forms of close clinical management of patients. Copyright © 2007 John Wiley & Sons, Ltd and Eating Disorders Association.
Crofts, P, Amarasekara, S, Briffa, P, Makari, R & Remedios, M 2008, 'Design and Children's Courts', Alternative Law Journal, vol. 33, no. 4, pp. 229-234.
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Dobinson, I & Townsley, L 2008, 'Sexual Assault Law Reform in NSW: Issues of Consent and Objective Fault', Criminal Law Journal, vol. 32, no. 3, pp. 152-166.
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The purpose of this article is to assess the recent reforms to the Crimes Act 1900 (NSW) in relation to sexual assault. Two of the main reasons for reform were to increase the reporting of sexual assault and to increase conviction rates. It is not possible to assess the impact of the reforms on these two factors; as such, the article focuses on the legal changes and their predictive impact upon the proof of liability for sexual assault offences. Specifically, it assesses the statutory definition of consent, the expansion of the circumstances whereby consent would be negated or vitiated, and the adoption of an objective fault element. The article also considers, where relevant, the current law on sexual assault in other Australian jurisdictions, as well the United Kingdom, New Zealand and Canada.
Dorsett, S & McVeigh, S 2008, 'The Persona of the Jurist in Salmond's Jurisprudence: On the Exposition of 'What law is ...'', Victoria University of Wellington Law Review, vol. 38, no. 4, pp. 771-796.
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If Sir John Salmond is taken as being an inaugural or founding father of not only a law school, but also of a New Zealand jurisprudence, two questions arise: 'What might have been inherited from Salmond's jurisprudence?' And, 'How might that inheritance be received today?' This article offers a response to these questions by considering Salmond's jurisprudence in terms of a conduct of life organised around the office and persona of the jurist.
Dorsett, SG 2008, 'Non-Wage Clauses in Collective Agreements', IRC Newsletter.
Evers, M 2008, 'Legal costs and the duty of disclosure', Precedent, vol. Issue 87, no. Issue 87, pp. 10-14.
Evers, M 2008, 'Relational, Networked and Collaborative Approaches to Public Diplomacy', Australasian Dispute Resolution Journal, vol. 19, no. 3, pp. 179-188.
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Collaborative practice is emerging as a legitimate option in family law disputes. Its impressive growth over almost two decades indicates that it is likely to continue as a form of dispute resolution, both in terms of the numbers of practitioners and clients practising under the collaborative law framework and the expansion of areas of law suited to this process. One of the fundamental principles of collaborative practice is the engagement of professionals to assist and support the parties in resolving disputes. This article considers the role of legal and non-legal professionals in collaborative practice. An analysis and assessment of ethical issues in collaborative practice demonstrates the benefits of an ethical framework for a coherent set of protocols based on both lawyers' and non-lawyers' common objectives and shared values. The article concludes with a recommendation that there needs to be continuing discussion concerning the intersection of ethics and collaborative practice.
Fox, M & Thomson, M 2008, 'Older Minors and Circumcision: Questioning the Limits of Religious Actions', Medical Law International, vol. 9, no. 4, pp. 283-310.
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On two occasions the Court of Appeal in England has addressed the legality of non-therapeutic circumcision performed on a minor unable to provide consent. Both cases involved disputes in post-separation families where one parent sought a male child's circumcision against the wishes of the other parent. In January 2008 the Supreme Court of Oregon was faced with a similar factual situation in the case of Boldt v Boldt. However, the boy at the centre of the dispute in Boldt was significantly older than in the English cases. The Supreme Court therefore concluded that the testimony of the boy himself, who is now 13, was required and remanded the case for a re-hearing in order that the trial court could specifically address his wishes with regard to circumcision. In this paper we offer a critique of the Oregon Court's somewhat elliptical reasoning in the Boldt case. We argue that cases involving male circumcision of older children raise important ethico-legal issues, which the Boldt judgements gloss over, and which English courts have yet to confront in the context of circumcision. Consequently, our aim in this paper is to use Boldt as a lens through which to explore and inform UK practice. We argue that this case fits into a characteristic pattern according to which judges, law makers and professional bodies shy away from confronting key ethico-legal questions raised by the tolerance in Anglo-American society of non-therapeutic genital cutting of male infants. In raising explicitly for the first time the position of older minors, the factual situation in Boldt affords us an opportunity to begin to address the limits of parents' rights to determine the future religious identity of their children. In seeking to analyse how Boldt and the questions to which it gives rise might inform UK law we focus on three issues. The first is the right of the boy at the centre of the dispute to determine which medical treatments or interventions to his body are permi...
Grey, A 2008, 'Blue chip or green wash? Keeping super funds in the black', Australian Superannuation Law Bulletin, vol. 19, no. 10, pp. 150-157.
Johns, F 2008, 'Product Overviews--LexisNexis AU maintenance upgrade, JADE and Harzing.com', Online Currents, vol. 22, no. 4, pp. 126-131.
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Online database review
Karpin, I & Mykitiuk, R 2008, 'GOING OUT ON A LIMB: PROSTHETICS, NORMALCY AND DISPUTING THE THERAPY/ENHANCEMENT DISTINCTION', Medical Law Review, vol. 16, no. 3, pp. 413-436.
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The development of genetic technologies, nano-technologies and technologies related to artificial intelligence have provoked discussion about the different uses to which they may be put; namely, their potential for therapeutic and non-therapeutic use. Resisting claims that individuals should be free to use these technologies as they see fit to alter their own physical, psychological and intellectual capacities, lifespan and morphologies or those of their existing or future children, some authors contend that both ethical and regulatory limits should be placed on this exercise of free choice.1 A number of academics have suggested that the therapy/enhancement distinction can perform both moral and regulatory work in assisting us with resolving the tricky issue of which uses of these technologies to permit and which to discourage or ban.
Karpin, IA & Bennett, B 2008, 'Freedom to Choose? Embryo Selection, Reproductive Decision Making and the Role of the State', Precedent, vol. 88, pp. 4-8.
Kirkby, D 2008, '“From Wharfie Haunt to Foodie Haven”', Food, Culture & Society, vol. 11, no. 1, pp. 29-48.
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In the first half of the twentieth century, indeed until the 1960s, dining out was unusual for ordinary Australians, saved for special occasions when they ate in the dining room of the local hotel. This formal and conventional style of dining provided utterly predictable food in surroundings that emphasized the specialness of the occasion and the status of the diners, rather than the imaginative quality of the food. Pubs also provided cheap food at the counter, to customers drinking at the bar. This had all changed by the end of the twentieth century, as pub dining rooms became restaurants, catering to the pleasures of modern urban life, offering adventure, fantasy and the lure of the exotic. This paper traces this transformation and argues that the change in pub food culture was a feature of modernity and universalizing US capitalism, not a consequence of postwar immigration but a business enterprise in which Europeanness featured as an alternative to Americanness. In this, the transformation of pub licensing laws was a crucial catalyst.
Landrigan Ph.D., M 2008, 'Playing with Privilege', International In-House Counsel Journal, vol. 1, no. 4.
Leary, D 2008, 'Bi‐polar Disorder? Is Bioprospecting an Emerging Issue for the Arctic as well as for Antarctica?', Review of European Community & International Environmental Law, vol. 17, no. 1, pp. 41-55.
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Bioprospecting has recently emerged as a new challenge for environmental governance in Antarctica. While considerable attention now surrounds this issue in Antarctica, there has been little, if any, debate on the question of whether bioprospecting is also an issue requiring a policy or regulatory response in the Arctic. This article briefly considers the emerging debate with respect to bioprospecting in Antarctica. It then provides a detailed survey of the nature and extent of bioprospecting in the Arctic, with a focus on the Nordic countries. It goes on to outline legislative developments in several Nordic countries concerning the regulation of access and benefit sharing in relation to naturally occurring biological materials of actual or potential value commonly referred to as wild genetic resources. It concludes by highlighting some potential disputes raised by the creation of such regimes, especially around the disputed waters of Svalbard. This analysis suggests that a more coordinated regional response may be warranted in the Arctic in the future.
Leary, D 2008, 'Greenland's new legislation on commercial and research-related use of biological resources: implications for the International Polar Year and later', POLAR RECORD, vol. 44, no. 229, pp. 97-106.
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New possibilities for economic development have been identified by the Greenland Home Rule Government in recent years. One of these is the potential for development of biotechnology based on Greenlands biodiversity. To ensure that Greenland shares in benefits derived from the exploitation of these resources the Home Rule Parliament recently enacted legislation on commercial and research-related use of biological resources that is premised on rights recognised by the 1992 Convention on Biological Diversity. This legislation represents the first law in an Arctic jurisdiction specifically to create a mechanism for access and benefit sharing in relation to Arctic genetic resources. The main area of research and commercial interest so far relates to potential developments in biotechnology from the microbial diversity of ikaite tufa columns located in the Ikka Fjord in southwest Greenland. The legislation seeks to provide a mechanism for regulating access to such biological resources and a means for Greenland to share in the potential benefits that may come from scientific research on them and subsequent commercialisation. Much research in Greenland now falls within the scope of this legislation. The purpose of this article is to explain the provisions of the legislation to the polar research community as well as to review its implications for research in the International Polar Year and later. The legislation imposes many new obligations on researchers in Greenland including obligations to obtain survey licences, obligations on reporting and the regulation of publication of scientific research. Commercially focussed research is also tightly regulated with a particular emphasis on patent rights. However, many aspects of the legislation are uncertain and it is unclear how much of the legislation will be implemented in practice.
Leary, DK 2008, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 18, no. 2007, pp. 663-670.
Leary, DK 2008, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 17, no. 2006, pp. 734-740.
Leary, DK 2008, 'The Standing of Civil Society to Enforce Commonwealth Environmental Law Under Section 475 of the Environment Protection and Biodiversity Conservation Act and its International Implications: The Japanese Whaling Case and the Law of Unintended Conseque', Macquarie Law Journal, vol. 8, pp. 153-178.
Lenta, P 2008, 'Iron Law and Colonial Desire: Legality and Criminality in Paton'sToo Late the Phalarope', Journal of Literary Studies, vol. 24, no. 3, pp. 68-85.
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Lenta, P & Farland, D 2008, 'Desert, Justice and Capital Punishment', Criminal Law and Philosophy, vol. 2, no. 3, pp. 273-290.
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Libesman, T 2008, 'A human rights framework for contemporary Aboriginal and Torres Strait Islander Children's well being', Australian Indigenous Law Review, vol. 12, no. Special Edition, pp. 68-75.
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It is a good opportunity on the 10th anniversary of Bringing Them Home and with the election of a new Federal Government to consider a human rights framework for Indigenous children's wellbeing. This paper will discuss Aboriginal and Torres Strait Islander children's welfare within a human rights framework, and begins with an analysis of what such a framework entails. It then will discuss three matters related to Aboriginal and Torres Strait Islander children's contemporary human rights. Firstly, it discusses misconceptions about the relationship between Aboriginal and Torres Strait Islander children's welfare and rights which have gained some currency in Australia in the past weeks and months. Secondly, it examines the human rights framework recommended by Bringing Them Home for Aboriginal and Torres Strait Islander children's welfare. Finally, it evaluates reform to Australian child welfare legislation that has taken place over the past decade. This paper suggests that a human rights framework offers an opportunity for both an immediate response to Indigenous children's wellbeing and for structuring a longer-term response to Indigenous children's needs.
Lindsay, D 2008, 'Does regulating telecommunications interconnection amount to compulsory acquisition of property?', Telecommunications Journal of Australia, vol. 58, no. 1, pp. 6.1-6.9.
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This article is a critical analysis of the High Court's decision in Telstra Corporation Ltd v The Commonwealth, in which Telstra argued unsuccessfully that the application of the telecommunications access regime, established under Part XIC of the Trade Practices Act, to the ULLS and LSS, was an acquisition of property on unjust terms, contrary to s 51(xxxi) of the Constitution. Although the article does not disagree with the High Court's decision on the facts of this case, it contends that the narrow focus of the judgment, which is based mainly on the historically contingent circumstances that a telecommunications access regime was implemented prior to the privatisation of Telstra, provides little guidance about the extent to which future regulatory interventions may breach s 51(xxxi). The court's expansive understanding of what amounts to an 'acquisition of property' under s 51(xxxi), however, suggests that proposals for greater regulatory intervention, such as proposals for structural separation involving, for example, divestiture of the CAN, may well amount to a breach of s 51(xxxi), thereby requiring payment of compensation to Telstra.
Lindsay, D, Rodrick, S & de Zwart, M 2008, 'Regulating Internet and convergent mobile content', Telecommunications Journal of Australia, vol. 58, no. 2-3, pp. 31.1-31.29.
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The purpose of this article is to explain the new regulatory regime (the 'content services regime') that applies to the wide range of content delivered via the Internet and mobile devices. The article will first outline the various regimes that regulated content delivered by these technologies prior to the introduction of the content services regime. It will then provide an overview of the new regime, including details of its objectives and of the legal complexities involved in determining its scope. It will then summarise the Australian system for classifying content, and explain how the content services regime adapts and applies the classification system to forms of content delivered via the Internet and mobile devices. After detailing some of the minutiae of the scheme, the article will conclude with comments about the policy choices made in designing the new regime and some observations about the likely effectiveness, and the attendant benefits and costs, of the regime.
Luker, T 2008, 'Ineffaceable Memories: The Truth of Testimony', The Australian Feminist Law Journal, vol. 29, pp. 133-154.
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The traditional approaches to evidence law are analysed through an investigation of claimant Lorna Cubillo's testimony in the historic Stolen Generations trial against Australia's Commonwealth government. The significance of Cubillo's testimony is the narration of an event that left an ineradicable impression on her, giving rise to her racialised status. The author argues that the true power of testimony is in its effect, its ability to destabilise dominant narratives and in the fact of the narrator's survival.
Luker, T 2008, 'Witnessing Whiteness: Law and Narrative Knowledge', Australian Critical Race and Whiteness Studies Association e-journal, vol. 4, no. 2, pp. 1-14.
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In this article, I interrogate the reception of testimonial evidence given by Lorna Cubillo in the trial of Cubillo v Commonwealth (2000) ('Cubillo'), the landmark action taken by members of the Stolen Generations. Drawing on Lyotard's account of the distinction between narrative knowledge and scientific knowledge, I argue that while law makes its claim to legitimacy through demonstrable proof, it must ultimately seek an appeal to narrative forms of knowledge. The relationship between law and narrative is key to a critical reading of the Cubillo decision, which provides an important site for an analysis of the function of whiteness in the treatment of evidence in Anglo- Australian law. I argue that through reliance on legal positivism as the method of judicial interpretation, the decision privileges forms of 'scientific' knowledge which most readily support dominant paradigms of historical truth. At the same time, the significance of 'narrative' knowledge to the arguments presented in the case, particularly that which does not support notions of white cultural memory, is discredited.
McKeough, J 2008, 'Tribute to Professor Jim Mooney', Oregon Law Review, vol. 87, no. 1, pp. 20-24.
Millbank, J 2008, 'The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family', International Journal of Law, Policy and the Family, vol. 22, no. 2, pp. 149-177.
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This article contends that a 'functional family' model falters in the context of lesbian and gay intra-family disputes. Functional family arguments have frequently been misused by birth-mothers in child-related disputes between separated lesbian parents. Moreover, functional family claims have been completely excluded from consideration in disputes between lesbian mothers and known sperm donors/biological fathers. I argue that the rise of fathers' rights movements and increasing emphasis on biological family gives both discursive and legal authority to essentialized, gendered and symbolic status claims made by biological parents, valorizing distant biological fathers over mother-led family units, and separated biological mothers over non-biological mothers. Finding that the functional family approach cannot usefully resist the current ideological climate, this article concludes with exploration of an alternative: framing a form of parental status for lesbian co-parents based on intentionality.
Millbank, J 2008, 'The Limits of Functional Family: Lesbian Mother Litigation in the Era of the Eternal Biological Family', International Journal of Law, Policy and the Family, vol. 22, no. 2.
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Millbank, J 2008, 'Unlikely Fissures and Uneasy Resonances: Lesbian Co-Mothers, Surrogate Parenthood and Fathers' Rights', Feminist Legal Studies, vol. 16, no. 2, pp. 141-167.
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This article explores commonalities between parental claims for lesbian co-mothers and other contexts in which intention is a key aspect to family formation for (mostly) heterosexual families: in particular, surrogacy and pre-birth disputes over embryos. Through a series of case studies drawn from recent reproductive controversies, the paper uses the lens of empathy to argue for social or non-genetic modes of parenthood connecting lesbian mothers and other 'reproductive outsiders'. © 2008 Springer Science+Business Media B.V.
Nakata, M, Nakata, V, Gardiner, G, McKeough, J, Byrne, A & Gibson, J 2008, 'INDIGENOUS DIGITAL COLLECTIONS: AN EARLY LOOK AT THE ORGANISATION AND CULTURE INTERFACE', AUSTRALIAN ACADEMIC & RESEARCH LIBRARIES, vol. 39, no. 4, pp. 223-236.
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Research findings of study into the first generation issues with Indigenous digital collections in libraries
Nicholls, R 2008, 'Axes of integration in the delivery of audiovisual services', Telecommunications Journal of Australia, vol. 58, no. 1, pp. 13.1-13.21.
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Nicholls, R & Rowland, M 2008, 'Regulating the use of telecommunications location data by Australian law enforcement agencies', CRIMINAL LAW JOURNAL, vol. 32, no. 6, pp. 343-350.
O'Connell, K 2008, 'Pinned Like a Butterfly: Whiteness and Racial Hatred Laws', Australian Critical Race and Whiteness Studies, vol. 4, no. 2, pp. 1-12.
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This article explores ideas of whiteness and racial harm by focusing on an area of law in which these themes are pivotal: the regulation of racial hatred. Racial hatred provisions in anti-discrimination laws were established to provide a public space protected from offensive or intimidating racist behaviour. However, based as they are in equality doctrines, they also allow whites to bring claims of racial hatred against blacks. How does law respond, and how should it, when white applicants present themselves as victims of racial harm? This article argues for a legal response that makes embodiment central to the resolution of these cases.
Pisupati, B, Leary, D & Arico, S 2008, 'Access and benefit sharing: Issues related to marine genetic resources', Asian Biotechnology and Development Review, vol. 10, no. 3, pp. 49-68.
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Since the entry into force of the CBD in 1993, countries have struggled to find answers to several questions related to ABS issues and have spent considerable amounts of time, energy and money in understanding how to operationalise these principles. One critical area that is beginning to appear during the discussions under the international regime is the status of marine genetic resources with a particular emphasis emerging on genetic resources available in areas beyond national jurisdiction. This paper presents some key legal and policy issues that negotiators of the international regime on ABS need to consider in relation to marine genetic resources. © 2008, RIS.
Riley, J 2008, 'Innovation put on Ice? How overly jealous intellectual property protection discourages creativeity and productivity', Australian Intellectual Property Law Bulletin, vol. 20, no. 7, pp. 102-104.
Riley, J & Sheldon, P 2008, 'Remaking Industrial Relations in Australia', The Economic and Labour Relations Review, vol. 18, no. 2, pp. 1-6.
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Savell, K & Karpin, I 2008, 'The meaning of 'serious disability' in the legal regulation of prenatal and neonatal decision-making.', J Law Med, vol. 16, no. 2, pp. 233-245.
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The concept of 'serious disability' appears to play a significant role in circumscribing treatment-limiting decisions in neonatal care, prenatal counselling, preimplantation genetic diagnosis, and abortion following prenatal diagnosis. However, there is no legal definition for this concept and its meaning varies among members of the community and the medical profession. Legal and policy responses to 'serious disability' consist of an assortment of ethical guidelines, specific legislative frameworks and longstanding provisions of the criminal law, some of which were neither enacted nor developed with modern medical practices and dilemmas in mind. In addition, many of these regulatory frameworks and prohibitions vary between State and Territory jurisdictions. This leaves service providers, families wishing to utilise (or avoid utilising) diagnostic technologies and the broader community uncertain about the legal limits. This uncertainty has implications for women's autonomy in reproductive decision-making. For instance, services may be withheld, or their use encouraged, depending on differing understandings of the concept of 'serious disability'. The time has arrived for governments to consider whether it is appropriate to introduce a uniform set of guidelines and/or regulations across Australia for guiding clinical determinations of 'serious disability'.
Spady, D, Ries, N, Ladd, BD, Buka, I, Osornio-Vargas, AR & Soskolne, CL 2008, 'Governance Instruments That Protect Children's Environmental Health: Is Enough Being Done?', Environmental Law Review, vol. 10, no. 3, pp. 200-217.
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We describe our efforts to find and assess governance instruments: laws, regulations, guidelines, addressing specifically the issue of children's environmental health in OECD countries in the European Union (EU) and in the United States of America (US). The ultimate purpose is to inform policy that will further Canada's commitment to children's environmental health. Among governance instruments found, most EU country governance instruments duplicated EU Directives; American governance instruments were found at both the federal and state level. With a few clear exceptions, the effects of environmental agents on the child have not been considered specifically in those OECD governance instruments that address environmental health concerns. We found multiple governance instruments with a clear children's environmental health focus, but little emphasis on the uniqueness of children. We also found laws not specifically addressing children in the text, but which clearly involved concern for child health. Some legislation was impeded because of scientific uncertainty, which, on occasion, appeared to be industry-driven. The precautionary principle appeared to be applied most frequently in European legislation. We conclude that children's environmental health is not well-addressed for the majority of laws relating to the environment.
Steele, LR 2008, 'Making Sense of the Family Court's Decisions on the Non-Therapeutic Sterilisation of Girls with Intellectual Disability', Australian Journal of Family Law, vol. 22, no. 1, pp. 1-23.
Stewart, P & Monahan, G 2008, 'Roads and Traffic Authority of NSW v. Dederer: Negligence and the Exuberance of Youth', Melbourne Univeristy Law Review, vol. 32, no. 2, pp. 739-739.
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This case note examines the decision of the High Court of Australia in Roads and Traffic Authority of New South Wales v Dederer, which marks the common law's continued departure from shared liability for tragic accidents into the realm of personal liability. The decision has particular significance for children and young people who may be held accountable for their reckless actions, notwithstanding the 'exuberance of youth'. In particular, the case note analyses the High Court's emphasis on obvious risks and personal responsibility and the Court's attempt to limit liability through a consideration of the plaintiff's conduct on questions of the scope of the duty of care and at the breach of duty enquiry, rather than confining it to the issue of the plaintiff's contributory negligence.
Stewart, PE & Monahan, GI 2008, 'Roads and Traffic Authority of New South Wales v Dederer', Melbourne University Law Review, vol. 32, no. 3, pp. 739-761.
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This case note examines the decision of the High Court of Australia in Roads and Traffic Authority of New South Wales v Dederer, which marks the common law's continued departure from shared liability, for tragic accidents into the realm of personal liability The decision has particular significance for children and young people who may be held accountable for their reckless actions, notwithstanding the 'exuberance of youth. In particular the case note analyses the High Court's emphasis on obvious risks and personal responsibility and the Court's attempt to limit liability through a consideration of the plaintiffs conduct on questions of the scope of the duty of care and at the breach of duty enquiry rather than confining it to the issue of the plaintiff's contributory negligence.
Stuhmcke, A 2008, 'Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman', Australian Journal of Public Administration, vol. 67, no. 3, pp. 321-339.
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This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.
Sutherland, C & Riley, J 2008, 'Industrial Legislation in 2007', Journal of Industrial Relations, vol. 50, no. 3, pp. 417-428.
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The Howard government's draconian Work Choices laws will soon be history. A change of government at the 2007 federal election means that Australian industrial relations legislation will continue to be a turbulent field, for some time yet. This review provides an account of the last piece of industrial legislation passed by the Howard government, to introduce a `Fairness Test' in an attempt to ameliorate public concern about the patent unfairness of some aspects of the Work Choices laws. The same Act made some changes to the way in which `prohibited content' is regulated in workplace agreements. We also provide a brief summary of some of the more significant State manoeuvres in what remains to them of the field of industrial relations law.
Thorpe, DE 2008, 'Contract and Athlete Selection', Australian and New Zealand Sports Law Journal, vol. 3, no. 1, pp. 37-68.
Varnham, S 2008, 'My Home, My School, My Island: Home Education in Australia and New Zealand', Public Space: The Journal of Law and Social Justice, vol. 2, pp. 1-30.
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There is evidence that more and more parents in the developed countries worldwide are choosing to educate their children at home. This is despite, or because of, the existence of comprehensive government education systems which assume state responsibility. New Zealand and Australia, in common with countries in the European Community, the United States and Canada have education legislation which aims to ensure that education is free, available and compulsory to all children generally between the ages of 5 and 15. Government schools are publicly funded and this funding inevitably comes with varying degrees of state control. There is also, in New Zealand and Australia, private and church education available for those parents who want a formal education for their children outside the government system. Despite these alternatives, parents are increasingly electing not to entrust the education of their children to any of the formal systems and are choosing instead to assume sole responsibility for this education. How do governments respond to this exercise of parental choice? This paper examines the current legal position of home education in Australia and New Zealand. It considers the reasons so many parents are now choosing to opt their children out of schools and keep them at home; and the extent to which the state allows them this choice.
Varnham, S & Squelch, J 2008, 'Rights, responsibilities and regulation – the three Rs of education: a consideration of the state's control over parental choice in education', Education and the Law, vol. 20, no. 3, pp. 193-208.
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Education is both a right and a responsibility. International instruments such as the International covenant on civil and political rights and the International convention on the rights of the child affirm the right of all children to education. This right is spelt out in the education legislation of all states and territories in Australia. Education is not only free but is compulsory for all children between certain ages. The obligation is imposed on parents (in accordance with definitions contained therein) to ensure that their children are both enrolled at and attend school. However, parental choice of education provider is allowed within each jurisdiction by way of state, private or church schools, all of which are registered and regulated to varying degrees by the state. The legislation of each jurisdiction also makes some degree of provision for parents who choose to opt out their children from any formal education setting and to educate them at home. Home education is also subject to state regulation. The assumption by the state of the responsibility for education guides this policy and legislation. The argument for state control of all education, no matter how and by whom it is provided, is that the state has an overriding interest in ensuring the economic well-being of its citizens and the growth of its intellectual capital. The state acknowledges that the responsibility for education is shared with parents, primarily by providing penalties for parents who fail to ensure enrolment and attendance of their children at a school. There is evidence that more and more parents in developed countries worldwide are choosing to educate their children at home, and anecdotal evidence suggests that Australia is part of this trend.
Vrdoljak, A 2008, 'How to choose a judge', Economist, vol. 389, no. 8609.
Wangmann, JM 2008, 'Different types of intimate partner violence? A comment on the Australian Institute of Family Studies report examining allegations of famly violence in child proceedings under the Family Law Act', Australian Journal of Family Law, vol. 22, pp. 123-151.
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In June 2007 the Australian Institute of Family Studies published a study that examined allegations of family violence and child abuse in child proceedings under the Family Law Act. The study examined a large number of court files from two registries of the Family Court of Australia and the Federal Magistrates Court. It looked at the nature of the allegations, who made them, whether the allegations were supported by evidence, and the response by the other party to these allegations.Many of its findings are in accord with other studies which have also demonstrated that violence is prominent in family law proceedings and that outcomes rarely reflect whether there are allegations of violence or not. Importantly the study reported on the lack of detail and evidence to support many allegations and the difficulty that this creates for the court in determining final orders (or in providing a framework for negotiations). However, rather than suggesting that we need to look at the ways that violence can be better reported and responded to in family law proceedings, the authors instead suggest that we need to differentiate between different kinds of intimate partner violence. This finding does not flow from the data. This article explores the AIFS study by focusing on concerns around differentiation between different kinds of domestic violence, and its connection to debates about definitions and understandings of intimate partner violence.
Watson, N 2008, 'Raiders of the Lost Capital', Ngiya: Talk the Law, vol. 2, pp. 49-61.
Watson, N 2008, 'The Abuse of Indigenous Land Tenure as a Tool of Social Engineering', Journal of the Australasian Law Teachers Association, vol. 1, no. 1 & 2, pp. 163-170.
Watson, N 2008, 'The Family Responsibilities Commission Act 2008 (Qld): Cause For Concern', Indigenous Law Bulletin, vol. 7, no. 8, pp. 18-20.
White, FA, Charles, MA & Nelson, JK 2008, 'The role of persuasive arguments in changing affirmative action attitudes and expressed behavior in higher education.', Journal of Applied Psychology, vol. 93, no. 6, pp. 1271-1286.
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Wilkinson, GM 2008, 'Finding a Healthy Balance: Evaluating Models for Change to International Intellectual Property Laws Affecting Global Access to Medicine and Realisation of the Human Right to Health', Yearbook on humanitarian action and human rights.
Anthony, T 1970, 'Developments in Sentencing Principles for Indigenous Offenders: Comparisons and Complexities', Critical Criminology Conference, University of New South Wales.
Anthony, T 1970, 'Late-Modern Developments in Sentencing Principles for Indigenous Offenders:Beyond David Garland's framework', Proceedings of the 2nd Australian and New Zealand Critical Criminology Conference, Crime & justice Research Network, Australian and New Zealand Critical Criminology Conference, The Crime and Justice Research Network, University Of New South Wales, pp. 2-29.
Anthony, T 1970, 'Teaching Indigenous Issues in Tort Law', conference on the future of Indigenous Studies in Australia & New Zealand Law School, Sydney Law School.
Anthony, T 1970, 'The Northern Territory Intervention & Stolen Wages', Law & Society Conference University of Sydney.
Booth, T 1970, 'Victim Participation in Sentencing: a challenge to the requirements of due process in the courtroom?', National Victims of Crime Conference, Victim Support Service Inc, Adelaide.
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This paper presented findings from a qualitative research project that seeks to investigate the interaction of victim participation in sentencing through VISs and traditional criminal procedure in the courtroom.. Data collected from the observation of VIS submitted to the NSW supreme Court when sentencing homicide offenders and interviews with family victims will be presented and discussed.
Booth, T & Townsley, L 1970, 'Bail as a Punitive Process in NSW', Crimiinology: Linking Theory, Policy and Practice: 21st Annual Australian and New Zealand Society of Criminology Conference, Canberra.
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This paper focuses on a recent amendment to the NSW Bail Act that represents a punitive reconfiguration of bail in NSW. Section 22A now imposes major restrictions on the number of bail applications that an accused can make to any court in relation to an offence. The adverse repercussions of this provision are already being keenly felt by those involved in the bail process, particularly juvenile accused. In this paper we argue that the provision lacks a rational, empirical foundation and undermines the law's long-standing commitment to the funamental criminal justice principles of the presumption of innocence and concomitant rights to release and liberty. Ostensibly the amendment was introduced to prevent 'magistrate shopping' and alleviate the worry and anguish of crime victims. We contend however that section 22A is really intended as punishment and to promote the government's tough law and order policies.
Boydell, S, Behrendt, LY, Goodall, H, Sankaran, S, Watson, N, Mangioni, V, McMillan, MD & McDermott, MD 1970, 'Sydney Restored: Aboriginal ownership of city spaces', Cities Nature Justice: Abstracts, Cities Nature Justice: dialogues for social sustainability in public spaces, a UTS Trans/forming cultures symposium, UTS : Trans/forming Cultures, University of Technology, Sydney, pp. 1-1.
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Challenge Grant output, presented by Nicole Watson This paper explores an irredentist model of justice in the city, one in which Aboriginal title is taken as the superior property interest over Sydney. It reports on a trans-disciplinary UTS funded research initiative investigating the impact on the institutional landscape of a solution that prioritises the human and property rights of the indigenous population. Methodologically, this research adopts what Creswell and Tashakkori (2007) refer to as a paradigm perspective. The approach integrates an eclectic combination of research modes into history, law, social inquiry, theory, practice, and beliefs, with the attitudes of finance, finance providers, capital users and indigenous property owners. Such a dynamic trans-disciplinary engagement demands that the researchers discuss an overarching worldview (or several worldviews) that provide a philosophical foundation for mixed methods research. Building on the role of land in Aboriginal politics, we explore Native title and the interplay with freehold and leasehold models. Our model raises a range of issues for the contemporary commons. as well as conceptions of ownership when long leasehold interests replace freehold titles. Whilst in the short term, we suggest that there is no significant financial impact on those holding the new 99-year tenancies, a range of issues arise in respect of the reversionary interest including rights, obligations, and restrictions surrounding improvements on the land. We also highlight the complexity surrounding land tax and the role of the State in such a model.
Buck, A, Dorsett, SG & Salter, B 1970, '' A one -man Selden society',or,recovering colonial case law: The Kercher Reports and their influence', The 27th Australian and New Zealand Law and History Society Conference, Adelaide.
Dorsett, SG 1970, ''A one-man seldom society', or, recovering colonial case law: The Kercher Reports and their influence', The 27th Australian and New Zealand Law and History Society Conference Adelaide, Adelaide.
Dorsett, SG 1970, 'To Barter Sovereignty for a Blanket: Judicial Perspectives on Sovereignty and the Treaty of Waitangi in the Early New Zealand Crown Colony Period', Melbourne Law School.
Graycar, R & Wangmann, JM 1970, 'A feminist adjudication process: Is there such a thing? Lessons from Grandview', Law and Society Association and the Canadian Law and Society Association, Placing Law, Montreal.
Leary, DK 1970, 'Nanotechnology in agriculture: the emerging international debate on the need for regulation', Sustainability on Food, Feed, Fiber, Water, Energy: Science, Technologies, and Global Strategies, International Conference on Sustainable Agriculture for Food, Energy and Industry 2008 (ICSA2008), Hokkaido University, Research Faculty of Agriculture, Sapporo, Japan, pp. 344-351.
Libesman, T 1970, 'How does the Victorian child protection legislation measure up?', River of culture runs deep - learning from old ways creating new ways forward, Melbourne, Ausrtalia.
Rawling, MJ 1970, 'Using Supply Chain Regulation to Promote Precarious Workers' Health', Third International Commission on Occupational Health International Conference on Psychosocial Factors at Work: From Knowledge to Action, Quebec.
Stoianoff, NP 1970, 'An Institutional Analysis of Intellectual Property Rights Enforcement in China', Australian Intellectual Property Academics Conference, University of Victoria, Wellington, New Zealand.
Stuhmcke, AG 1970, 'The tripartite roles of ombudsmen and the need for accountability', Joint Interest Group of Ombudsman/Complaints Handling Agencies, Sydney.
van Rijswijk, HM 1970, 'Mrs Donoghue and the Law's Strange Neighbour: An Alternate Genealogy of Modernist Trauma', Intersections Interdisciplinary Graduate Student Conference, University of Queensland.
van Rijswijk, HM 1970, 'Representing Pain, Imagining the Subject', PNASA Conference, Washington.
van Rijswijk, HM 1970, 'Strange Neighbours: Proximity, Suffering and Responsibility in Modern Law and Literature', Literature and History Conference, Australian Association for Literature, Macquarie University.
van Rijswijk, HM 1970, 'The Poetics and Politics of Past Injuries', W(h)ither Human Rights : 25th Law and Society Conference 2008, University of Sydney, Sydney.
van Rijswijk, HM 1970, 'The Poetics and Politics of Personal Injury: Claiming in the Tort of Slavery and in Toni Morrison's Beloved.', ANZASA Conference, University of Sydney.
van Rijswijk, HM 1970, 'The Poetics and Politics of Politics of Past Injuries: Claiming in Reparations Law and in Toni Morrison's novel Beloved', 25th Annual Conference of the Law and Society Association of Australia and New Zealand, Annual Conference of the Law and Society Association of Australia and New Zealand, University of Sydney, University of Sydney, pp. 1-12.
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Why is there such a discrepancy between legal time and historical time? Or rather, whose historical time is tacitly represented and silently justified in legal representations? Whose interests are served by the laws particular fictions and whose injuries are privileged? In exploring these questions I will focus on the 2006 case of In re African- American Slave Descendants, a claim made for reparations for slavery in the U.S. Since the 1980s a number of litigants have filed claims for injuries arising out of slavery and none has succeeded, but these very failures are worth examining for what they reveal about the contemporary inability to reconcile the demands of the past on the present.
Varnham, S & Evers, M 1970, 'Secular, Singular or Self-expression? Religious Freedom in schools in Australia and New Zealand', Achieving Excellence: Lawyers and Educators working together, Achieving Excellence: Lawyers and Educators working together, Australia and New Zealand Education Law Association (ANZELA), Christchurch, New Zealand, pp. 255-278.
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Bound collection of conference papers - 463 pages
Vrdoljak, A 1970, 'Remembering and reconciliation: an international law perspective', Crimes Committed by Totalitarian Regimes, Slovenian Presidency of the Council of the European Union, Brussels, pp. 265-273.
Wangmann, JM 1970, ''She said...' ' He said....':Cross applications in domestic violence protection order proceedings in NSW', Annual Law & Society Association & Canadian Law and Society Association Joint Meetings,Placing Law, Montreal.
