Cantley-Smith, R & Bowman, D 2009, Green Power: An Environmental Audit of the NEM, Research Publications, Australia.
Nutrigenomics is the rapidly developing field of science that studies nutrient-gene interaction. This field has broad implications for understanding the interaction of human genomics and nutrition, but can also have very specific implications for individual dietary recommendations in light of personal genetics. Predicted applications for nutrigenomics include genomics-based dietary guidelines and personalized nutrition based on individual genetic tests. These developments have sweeping ethical, legal and regulatory implications for individuals, corporations and governments. This book brings together experts in ethics, law, regulatory analysis, and communication studies to identify and address relevant issues in the emerging field of nutritional genomics. Contributing authors are experts in the social aspects of biotechnology innovation, with expertise in nutrigenomics. From addressing the concern that nutrigenomics will transform food into medicine and undermine pleasures associated with eating to the latest in the science of nutrigenomics, this book provides a world-wide perspective on the potential impact of nutrigenomics on our association with food. Explores the rapidly developing, yet not fully understood, impact of nutrigenomics on the relationship to food medicalization, genetic privacy, nutrition and health. Provides ground for further exploration to identify issues and provide analysis to aid in policy and regulation development Provides ethical and legal insights into this unfolding science, as well as serving as a model for thinking about issues arising in other fields of science and technology. © 2009 Elsevier Inc. All rights reserved.
Issues of Ethics, Law, Regulation and Communication David Castle, Nola Ries. The chapters in this book follow nutrigenomics from the laboratory bench, to the market, regulatory domains, individuals and health care professionals, the Internet ...
Jackson, J, Fleming, H, Kamvounias, P & Varnham, S 2009, Good Practice Guide for Handling Complaints and Appeals in Australian Universities, first, Southern Cross University, Australia.
Publication following research project Student Grievances and Discipline Matters. Separate publication to Report
A corporate law text book written in English and Mandarin, specifically aimed at business students studying Australian Corporate Law.
McRae, H, Nettheim, G, Anthony, T, Beacroft, L, Brennan, S, Davis, MJ & Janke, T 2009, Indigenous Legal Issues:Commentary and Materials, 4th edition, Thomson Reuters Law Book Co, Sydney.
This multidisciplinary book explores the concept of a 'healthy' embryo, its implications on the health of children and adults, and how perceptions of what constitutes child and adult health influence the concept of embryo 'health'.
© Cambridge University Press 2012. International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
© Cambridge University Press 2012. International migration has been a topic on the lips of policy makers for a very long time. The policy interests of States vary widely. Some seek to promote immigration to meet local labour shortages, or facilitate emigration to generate a stream of remittances and foster local development. Others take a more cautious approach because of concerns about irregular migration or national security, or because their societies historically have not welcomed foreigners. These different policy stances are reflected in a vast and complex array of national migration laws that span issues of nationality, entry, exit, deportation, detention, visa classes, status determination, migration-related crime and access to social services. These laws are generally well known within States because they are applied on a daily basis by immigration officials, consular officers, border patrols and crime investigators. By contrast, the framework of international law governing migration is fragmented and unfamiliar. While some pockets are well recognised - refugee law being the principal example - many dimensions of the international legal framework remain unknown to all but a small coterie of specialists. Many individuals who formulate national migration laws, policies and practices, or are required to implement them, are thus unaware of the rich lode of international agreements, customary law, resolutions, recommendations and guidelines informing developments at the national level.
Redmond, PM 2009, Companies and Securities Law: Commentary and Materials, 5th editin, Lawbook Co, Sydney.
Connecting with Law covers the foundations of law in an interesting and thought provoking way, challenging students to think critically, question ideas, and connect with law. It provides students with a broader context which allows them to start thinking about the values law embodies and their relationship to society. This fresh approach to introductory law is designed to engage students with contemporary examples and case studies they can relate to, and which help them understand the law.
Legislative reform has recently transformed the law of torts in Australia. It is no longer a body of unified common law but is an area governed by a diverse array of non-uniform statutes in each Australian jurisdiction. This textbook is one of the first to provide both commentary and critical analysis of this tort law reform legislation. It provides a fresh interpretation of historical events and analyses the new challenges and developments facing the law of torts in the twenty first century. Offering ideas and perspectives on the law of torts, it assists all those wishing to traverse this fascinating area of law. Nevertheless the work is written with the aim of making tort law accessible to students new to the field and provides a foundation for ongoing engagement in the area. Essential reading for all those seeking guidance on the tort law reform legislation, this text makes a valuable contribution to scholarship in the field, while its clear and comprehensive style make it a reliable and interesting textbook for law students.
This book examines the problems in the current Intellectual Property Rights regime, in the context of digitization, knowledge economy, and globalization. The volume also provides specific theoretical, policy and legislative suggestions for changes which would contribute to the establishment of an international knowledge equilibrium society.
[From back cover] Concise Legal Research details the techical aspects of legal sources and explains how to research law with confidence and in good time.
Anthony, T 2009, 'Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations' in Wilfred Prest (ed), Blackstone and his Commentaries Biography, Law, History, Hart, Oxford, pp. 129-150.
Anthony, T 2009, 'Commentaries on Colonialism: Australian Judicial Interpretation' in Wilfred Prest (ed), Blackstone and his Commentaries Biography, Law, History, Hart Publishing, Oxford, UK, pp. 129-150.
The focus of this chapter is how Australian courts construed Blackstone's doctrines on the processes of and justification for Australian colonisation. It argues that Australian courts took Blackstone's writings on colonialism out of their original context in order to meet the imperatives of British sovereignty. After analysing the use of Blackstone in judgments by the New South Wales Supreme Court from the 1820s to the 1840s, this chapter will then consider how Blackstone's feudal proposition justifying British land colonisation materialised in New South Wales and northern Australia, and was eventually dealt with in native title case law.
Berg, LA, Samson, A, Robinson, PK & Wills, J 2009, 'Economic Migrants, the Banana Supply Chain, and the London Living Wage: Three Cases of Global Civil Society Activism on Poverty' in Fiona Holland (ed), Global Civil Society, Sage Publications, London, UK, pp. 166-185.
Biber, K, Staines, D & Arrow, M 2009, 'Introduction' in Deborah Staines, MA & Biber, K (eds), The Chamberlain Case: Nation, Law, Memory, Australian Scholarly Publishing, North Melbourne, Australia, pp. 3-6.
Briskman, L & Libesman, T 2009, 'Social work practice and Indigenous Australians' in Swain, P & Rice, S (eds), In the shadow of the law, The Federation Press, Sydney, Australia, pp. 3-19.
Contemporary expereince of Indigenous children and families who have contact with the child welfare and juvenile justice systems
Brunk, C, Ries, N & Rodgers, L 2009, 'Regulatory and Innovation Implications of Religious and Ethical Sensitivities Concerning GM Food' in Brunk, C & Coward, H (eds), Acceptable Genes: Religious Traditions and Genetically Modified Foods, SUNY Press.
Cantley-Smith, R 2009, 'Demanding More: The Role of Demand Management and Improved End Use Efficiency in Australian Electricity Markets' in Critical Issues of Environmental Taxation, Oxford Univesrity Press, UK.
Cantley-Smith, R 2009, 'Energy and the Environment: International and Australian Perspectives' in Bowman, D & Cantley-Smith, R (eds), Green Power: An Environmental Audit of the NEM, Research Publications, Australia.
Cantley-Smith, R 2009, 'Greening the NEM: Environmental Managing Demand and Improved Energy' in Green Power: An Environmental Audit of the NEM, Research Publications Pty Ltd, Australia.
Cantley-Smith, R 2009, 'How Green is the NEM? The Environment and The National Electricity Market' in Cantley-Smith, R & Bowman, D (eds), Green Power: An Environmental Audit of the NEM, Research Publications Pty Ltd, Australia.
Cantley-Smith, R 2009, 'Regulatory Uncertainty in the NEM: Sustainable Decision Making and Climate Change Law' in Cantley-Smith, R & Bowman, D (eds), Green Power: An Environmental Audit of the NEM, Research Publications Pty Ltd, Australia.
Karpin, IA & Ellison, D 2009, 'Reproduction without women: Frankenstein and the legal prohibition of human cloning' in Catherine Kevin (ed), Feminism and the Body, Interdisciplinary Perspectives, Cambridge Scholars Publishing, Cambridge, pp. 29-48.
Putting events in Genesis to one side, the most famous nonconventional act of creation recorded in Western literature occurs in Mary Shelley's Frankenstein.' Painstakingly assembled in Victor's "workshop of filthy creation", the life that emerges from this gothic setting is not confined to the plot of the novel, but oddly for a creature doomed to sterility and apparent death, produces innumerable copies across a variety of genre and media. Significant among the novels, films, cartoons, games and toys that perpetuate the creature's existence, is its presence as a rhetorical device employed in the language of ethical restraint. When legislators or advocates of varying stripe call for science to just stop, now, Frankenstein (in monster or progenitor form) makes his inevitable appearance
Kassisieh, G & Millbank, J 2009, 'Same-sex couples and their families' in Fallon, M (ed), The law handbook: Your practical guide to the law in New South Wales 11th edition, Redfern Legal Centre, Redfern, pp. 957-992.
In 2008, significant reforms to state and federal laws have brought greater recognition to same-sex couples and their children. Equal rights and responsibilities have been extended to same-sex couples who are de facto partners across almost all laws throughout Australia, and to lesbian co-parents also in NSW and federal law. This chapter describes recent changes in state and federal law, and how same-sex couples and parents are recognised. The new definitions and their interpretation are outlined, then rights in various substantive areas are discussed.
Refugee. Law: Dominant. and. Emerging. Approaches. Hélène. Lambert. International refugee law scholarship has long been dominated by a positivist tradition within which the human rights approach has now become the dominant approach ...
Li, G 2009, 'Deciphering Pervasive Computing: A study of jurisdiction, e-fraud and privacy in pervasive computing environment' in Godara, V (ed), Risk Assessment and Management in Pervasive Computing:, IGI Global, US, pp. 218-232.
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Pervasive computing and communications is emerging rapidly as an exciting new paradigm and discipline to provide computing and communication services all the time and everywhere. Its systems are now invading every aspect of life to the point that they are disappearing inside all sorts of appliances or can be worn unobtrusively as part of clothing and jewelry.This emergence is a natural outcome of research and technological advances in wireless networks, embedded systems, mobile computing, distributed computing, and agent technologies. At the same time, this emergence brings challenging issues to the legal framework surrounding it. As well recognized, law is a discipline that has direct relevance to human behaviour and its adjoining environment. Thus, a study of law can be a study of the living environment and the people who are in it
McKeough, J 2009, 'Horses and the Law: the Enduring Legacy of Victoria Park Racing' in Kenyon, A, Richarson, M & Ricketson, S (eds), Landmarks in Australian Intellectual Property Law, Cambridge University Press, Melbourne, Australia, pp. 53-72.
The Victoria Park Racing and Recreation Ground was a popular racecourse in Sydney in the 1930s. Built on an open fairground, the owners erected a.fence around the track to ensure that only ticket buyers could watch the action or place bets on the races. The defendant, Taylor, built a tower that was uS:d by a Mr Angles to peer over the fence and, using a telephone, broadcast descriptions of the races on radio 2UW. In Victoria Park Racing and Recreation Grounds Company v Taylor (Victoria Park Racing),1 both the neighbour and the broadcaster were sued in nuisance and infringement of property rights by the owners of the racecourse. The High Court dismissed the suit but the minority judgment of Evatt··J foreshadowed the potential problems for those mounting spectacles and events with the advent of television on the horizon.
© Cambridge University Press 2012. Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad. Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.
Ries, N 2009, 'Longitudinal Studies Involving Children and Adolescents' in Knoppers, BM, Avard, D & Samuel, J (eds), Paediatric Research in Canada, Les Éditions Thémis.
Riley, J 2009, 'Commodifying Sheer Talent: Perverse Developments in the Law's Enforcement of Restrictive Covenants' in Arup, C & van Caenegem, W (eds), Intellectual Property Policy Reform Fostering Innovation and Development, Edward Elgar Pub, pp. 267-284.
The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and license specifications.Providing ...
Riley, J 2009, 'From Industrial Arbitration to Workplace Mediation: Changing Approaches to Dispute Resolution' in Forsyth, A & Stewart, A (eds), Fair Work The New Workplace Laws and the Work Choices Legacy, Federation Press, pp. 186-206.
This wide-ranging collection is an authoritative and accessible analysis of the profound changes to labour regulation under the Howard and Rudd Governments.
Samuel, J, Ries, N, Malkin, D & Knoppers, BM 2009, 'Biobanks and Children: Comparative International Policies' in Knoppers, BM, Avard, D & Samuel, J (eds), Paediatric Research in Canada, Les Éditions Thémis.
Stoianoff, NP 2009, 'The Recognition of Traditional Knowledge under Australian Biodiscovery Regimes: Why Bother with Intellectual Property Rights?' in Antons, C (ed), Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region, Kluwer Law International, The Hague, Netherlands, pp. 293-311.
Thomson, M & Fox, M 2009, 'Sexing the cherry: fixing masculinity' in Sullivan, N & Murray, S (eds), Queer(ing) Somatechnics: Critical Engagements with Bodily (Trans) Formations, Ashgate, pp. 107-126.
This Comment considers the sentencing of Palm Islander man, Lex Patrick Wotton, for his involvement in the protest following the death in custody of Mulrunji. It examines the protest as a response to the police role in the death and the police mishandling of the consequent investigation. The Comment critiques the media trial that paralleled Wotton's court trial. The mainstream media, along with the Queensland Government and police union, produced a moral panic over the Palm Island protest that overshadowed the death in custody. This Comment argues that the court that sentenced Wotton appropriated the moral panic over the offence to remove the death in custody as a sentencing factor.
Anthony, T 2009, 'Quantum of strategic litigation — quashing public participation', Australian Journal of Human Rights, vol. 14, no. 2, pp. 1-38.
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© 2009 Taylor and Francis Group, LLC. The focus of human rights scholars in recent times has been on the state's coercive powers to curtail civil liberties (Fitzpatrick 2003; Roberts 2004, 721–49; Hamilton and Maddison 2007). However, less attention has been given to the increasing role of large corporations in containing resistance. This article will discuss the corporate use of private civil actions to deter and punish protesters. These are known as Strategic Lawsuits Against Public Participation (SLAPPs) and have had many legal guises, including negligence, defamation and nuisance. However, they are most easily identified by their targets: individuals and groups which publicly protest against activities by corporations that undermine human rights or result in damage to the environment. SLAPPs are being used across Western societies not to acquire damages (as many of these cases are not successful, or do not even reach trial), but, rather, to silence the protest and instill fear of a civil action in the minds of current and potential participants. This article looks at the impact of SLAPPs on human rights, particularly those embraced by Art 20 of the Universal Declaration of Human Rights, such as freedom of assembly, association, expression and political participation. Essentially, the article argues that legislation directed to this abuse of legal process is needed to combat SLAPPs. It draws on the experience of the United States and other jurisdictions in developing ‘model’ anti-SLAPP legislation, and the recent enactment in the Australian Capital Territory of similar legislation. It argues specifically that the legislation needs to provide an objective test based on a broad definition of public participation, as well as adequate provisions for summary dismissal, if the anti-SLAPP legislation is to be effective.
Anthony, T 2009, 'Quantum of Strategy: Models to combat Strategic Law Suits Against Public Participation', Australian Journal of Human Rights, vol. 14, no. 2, pp. 1-38.
Anthony, T 2009, 'Reviews: Crime, Aboriginality and the Decolonisation of Justice, Harry Blagg, Hawkins Press, Sydney 2008', Current Issues in Criminal Justice, vol. 20, no. 3, pp. 490-491.
Almost thirty years ago in the case of R'v Neal (1982),1 members ofthe HighCourt recognised that an Indigenous defendant's assault (swearing and spitting) on a reserve officer inYarrabah, Queensland, needed to be understood in its paternalistic aQd racist context. Two ofthe four High Courtjudges acknowledged. that racist tensio.os onreserves that provoke 'violent' crimes against non-Indigenous officers can be factors that reduce the offender's criminal sentence; because they reduce the culpability of the Indigenous offender.
This article will suggest that the universal quarantining of Indigenous people's social security in Northern Territory communities is a departure from Indigenous peoples' citizenship rights. The Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth), which is part of the Commonwealth's Northern Territory 'emergency' measures, represents a return to a historical legal void where Indigenous people had neither rights to their culture nor citizenship rights.
Berg, LA & Loughnan, A 2009, 'Preface - W(h)ither Human Rights?', Public Space: The Journal of Law and Social Justice, vol. 4, pp. 1-2.
Berg, LA & Millbank, J 2009, 'Constructing the Personal Narratives of Lesbian, Gay and Bisexual Asylum Claimants', Journal of Refugee Studies, vol. 22, no. 2, pp. 195-223.
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This article draws upon psychological and sociological literature to explore the issues that arise in eliciting and presenting a refugee narrative when the claim is based upon sexual orientation. In particular we explore the psychological âstage modelâ of sexual identity development and examine the pervasive impact this model has had upon decision-makersâ âpre-understandingâ of sexual identity development as a uniform and linear trajectory.
In 2002 the Jewish Museum in New York exhibited Mirroring Evil, in which contemporary artists represented the Holocaust. Holocaust survivors demonstrated against the exhibition, holding placards in the street outside. An 81 year old survivor of Buchenwald, Isaac Leo Kram, carried a sign that read: `I was there. I testify: Genocide is not art! (Kershaw 2002). A sign at the entrance of the museum warned visitors that some might be upset by the exhibition. The New York press, typically supportive of the citys art institutions when attacked by critics, repeatedly questioned the Museums judgment in holding the exhibition. At the heart of the controversy was grave concern that some of the artworks were testing the limits of how the Holocaust could be represented and remembered.
Biber, K 2009, 'Visual jurisprudence: the dangers of photographic identification evidence', Criminal Justice Matters, vol. 78, pp. 35-37.
Biber, K & Dalton, D 2009, 'Making art from evidence:Secret sex and police surveillance in the Tearoom', Crime, Media, Culture: an International Journal, vol. 5, no. 3, pp. 243-267.
In 1962, police officers concealed themselves for two weeks in a mens public toilet in Mansfield, Ohio, and filmed men performing illicit homosexual sex acts. The film footage was used to secure convictions for sodomy, and inaugurated a new form of police surveillance of homosexual public sex. In 2008, the visual artist William E. Jones screened the police footage in art galleries around the world, to both critical acclaim and public objection. This article examines the film, both as a prosecutorial artefact and an artwork, to explore what it says about public sex, police surveillance, the criminalization of homosexual practices, visual evidence, and contemporary art.
Biber, K, Edmond, G, Kemp, RI & Porter, GR 2009, 'Law's Looking Glass: Expert Identification Evidence Derived from Photographic and Video Images', Current Issues in Criminal Justice, vol. 20, no. 3, pp. 337-377.
This article offers a critical overview of expert identification evidence based on images. It reviews the Australian case law and then, in an interdisciplinary manner, endeavours to explain methodological, technical and theoretical problems with facial mapping evidence. It suggests that extant admissibility jurisprudence and traditional safeguards associated with expert opinion evidence and the adversarial trial might not adequately protect those accused of committing criminal acts when they are confronted with incriminating expert identification evidence.
In the context of bail, punitive crime policies in NSW have led to a gradual erosion of the presumption in favour of bail, the conflation of bail conditions and penalty and a steady increase in the number of persons being held on remand. Continuing this punitive turn in crime police, the Bail Act 1978 was recently amended in respect of s22A. It is this amendment and the resultantant changes to the configuration of bail that is the subject of this article.
This article reviews the new changes to the visa framework for victims of human trafficking, which simplify a once complex and uncertain process, make family reunification easier and strengthen access to government support services.
Regulating media ownership is not a simple task. The media represents a field where public interest collides with technological and economic interests. The law is challenged to strike a balance between all three dimensions. This paper attempts to deconstruct cross media ownership regulation amidst this field. Firstly, chapter two establishes the theoretical viewpoints that influence the development of cross- media ownership laws, which puts forward the relevant principles and viewpoints that support the social/political, economic, and technological dimensions. Then, Chapter three and four demonstrate the interaction of these dimensions in practice by presenting a comparative case study of cross-media ownership laws in Australia and Italy. In doing so, this paper finds that cross-media ownership regulation requires the careful balancing of competing influences. Sound understanding of competing spheres of influence that interact in the realm of media ownership policy allows legislators to best formulate the directions of Australian law.
Dorsett, SG 2009, 'Sworn on the Dirt of Graves: Sovereignty, Jurisdiction and the Judicial Abrogation of 'Barbarous' Customs in New Zealand in the 1840s', The Journal of Legal History, vol. 30, no. 2, pp. 175-197.
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This paper examines the judicial construction of jurisdiction over Maori in the 1840s in New Zealand. Using new data, including case material and extra-judicial commentary, it examines the first decisions by the New Zealand Supreme Court on crime between Maori (crime 'inter se'). In so doing, it briefly places New Zealand in a broader context of settler colonies, and considers how colonial judges (such as Chapman J of the Supreme Court of New Zealand) fashioned the common law to fit the contingency of local circumstance, thereby playing their part in constituting local sovereignty. Finally, the article also considers the reaction of settlers to Maori crime and these decisions.
Evers, M 2009, 'Overcharging:Are there different rules for solicitors and barristers?', Precedent, vol. 94, pp. 36-39.
Evers, M 2009, 'The ethics of collaborative practice', Current Family Law, vol. 12, no. 2, pp. 139-148.
Recent cases involving in-house and external lawyers have attracted much media attention, from the C7litigation to the AWB Inquiry. Some of the media commentary and judicial remarks were directed at the role of the internal legal advisers in the conduct of the parties, both before and during litigation. The cases acknowledge the challenges faced by in-house counsel where the duty to client is blended with loyalty to the employer. The requirement for independence is a fundamental principle of the legal profession. The increasing use of in-house counsel challenges this principle. The conflict faced by in-house counsel is predominant in claims for privilege. This article examines the scope for privilege to be claimed in respect of communications involving in-house counsel.
Farrell, J, Ries, NM, Kachan, N & Boon, H 2009, 'Foods and natural health products: Gaps and ambiguities in the Canadian regulatory regime', FOOD POLICY, vol. 34, no. 4, pp. 388-392.
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Goldblatt, B & McLean, K 2009, 'INTRODUCTION: WOMEN AND SOCIAL AND ECONOMIC RIGHTS', SOUTH AFRICAN JOURNAL ON HUMAN RIGHTS, vol. 25, pp. 407-409.
South Africas disability grant is critical for the survival of many disabled people and their families, and is especially important to disabled women, who face further disadvantage because of their family responsibilities, their generally deeper poverty and their greater vulnerability to HIV/AIDS and other illnesses. Valuable engagement between feminism and disability theory offers a useful framework for understanding the needs of disabled women in South Africas social assistance system. This paper sets out the findings of a study of the disability grant system in two provinces in South Africa. It discusses the administrative problems with the system and the financial and other costs that burden the grant applicants and beneficiaries. It proposes that a comprehensive response to poverty, disability and gender inequality is needed, and makes specific recommendations for an improved system.
Women in South Africa are generally poorer than men and more vulnerable. They perform the bulk of the caring functions in society, usually without remuneration. Their greater need is reflected in their disproportionate use of the social assistance system. This system is evaluated in terms of the right to social security contained in South Africa's Bill of Rights. The right is explored, interpreted and developed from a feminist legal perspective. The categories of reformism, feminist critique and utopianism are used to 'engender' the right. International law, as well as the emerging jurisprudence on the right to social security, is considered in the reconceptualisation of the right. This article briefly discusses some of the gender dimensions of each of South Africa's three, largest social assistance grants - the Old Age Pension, Child Support Grant and Disability Grant. It points to some of the areas of research and future examination that would assist those attempting to expand the meaning and reach of the right to social security so that it is able to help everyone in South Africa, and in particular, poor women to 'improve their quality of life' and 'free their potential'.
Goldblatt, BA & McLean, K 2009, 'Special Issue: Women and Social and Economic Rights', South African Journal on Human Rights, vol. 27, no. 3.
Grossi, R 2009, ''Racial Discrimination Protection in Australian Law - A Snapshot'', Legal Date, no. 3.
Grossi, R 2009, ''Same Sex Marriage and the Law'', Legal Date, no. 1.
Grossi, R 2009, ''The Northern Territory Intervention and the Racial Discrimination Act'', Legal Date, vol. 21, no. 1.
Hitchens, LP 2009, 'Media Concentration and Democracy: Why Ownership Matters, by C Edwin Baker', Media & Arts Law Review, vol. 14, no. 3, pp. 379-382.
Hitchens, LP 2009, 'Product Placement - US and UK Regulatory Reviews of an Expanding Market', Communications Law Bulletin, vol. 27, no. 3, pp. 1-4.
Hohmann, J 2009, '‘Igloo as Icon: A Human Rights Approach to Climate Change for the Inuit?’', Transnational Law & Contemporary Problems, vol. 18, no. 2.
Kelly, AH & Stoianoff, NP 2009, 'Biodiversity conservation, local government finance and differential rates: The good, the bad and the potentially attractive', Environmental and Planning Law Journal, vol. 26, no. 1, pp. 5-18.
Lambert, H 2009, 'TRANSNATIONAL JUDICIAL DIALOGUE, HARMONIZATION AND THE COMMON EUROPEAN ASYLUM SYSTEM', INTERNATIONAL & COMPARATIVE LAW QUARTERLY, vol. 58, no. 3, pp. 519-543.
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Leary, DK 2009, 'Bioprospecting in Antartica and the Arctic. Common Challenges?', The Yearbook of Polar Law, vol. 1, pp. 145-174.
Leary, DK 2009, 'Climate Change and other Human Rights Challenges in the Arctic', Human Rights Defender, vol. 18, no. 2, pp. 14-16.
Leary, DK 2009, 'Climate Code Red: the case for emergency action, by David Spratt & Philip Sutton', Law Society Journal, vol. 47, no. 1, pp. 78-78.
Australia has moved rapidly from being one of the coalition of the unwilling (that small group of countries whose policy response to climate change was directed by a group of self-confessed climate change sceptics) to a nation that is beginning to take its responsibility to act on climate change seriously and is now playing its part in shaping an effective international response to climate change, but much still remains to be done. This article examines major developments in climate change law and policy in Australia in 2008. This includes the Carbon Pollution Reduction Scheme (CPRS), outlined in the recently released White Paper on the CPRS; the positions adopted by Australia at the 14th Meeting of the Conference of Parties to the United Nations Framework Convention on Climate Change on Reducing Emissions for Deforestation and Degradation (REDD) in developing countries, held in Poznan, Poland; and the role of carbon capture and storage (CCS) in the post-2012 climate change regime. Major structural defects in the CPRS, such as the low medium-term target for emission reductions, the exemption of significant polluters from the CPRS's initial start up phase, the emphasis on the unproven technology of CCS both domestically and in Australia's negotiating stance in the lead up to the crucial Copenhagen meeting in 2009, as well as the failure to engage with the significant opportunities presented by energy efficiency and renewable energy, are all significant weaknesses in Australia's new found engagement with climate change.
Leary, DK 2009, 'Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority, by David B Goldman', Law Society Journal, vol. 47, no. 1, pp. 77-77.
Leary, DK 2009, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 19, no. 2008, pp. 674-680.
Leary, DK 2009, 'Law at the Vanishing Point: A Philosophical Analysis of International Law, by Aaron Fichtelberg', Law Society Journal, vol. 47, no. 2, pp. 90-90.
Leary, DK 2009, 'Looking beyond the International Polar Year: What are the Emerging and Re-emerging Issues in International Law and Policy in the Polar Regions?', The Yearbook of Polar Law, vol. 1, pp. 1-19.
Leary, DK 2009, 'Yasuni Green Gold: The Amazon Fight to Keep Oil Underground, by Gines Haro Pastor and Georgina Donati', Law Society Journal, vol. 47, no. 7, pp. 83-83.
Leary, DK & Esteban, M 2009, 'Climate Change and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty', The International Journal of Marine and Coastal Law, vol. 24, no. 4, pp. 617-651.
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We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts
Leary, DK & Esteban, M 2009, 'Renewable Energy from the Ocean and Tides: A Viable Renewable Energy Resource in Search of a Suitable Regulatory Framework', Carbon and Climate Law Review, vol. 3, no. 4, pp. 417-425.
Leary, DK, Vierros, M, Hamon, G, Arico, S & Monagle, C 2009, 'Marine genetic resources: A review of scientific and commercial interest', Marine Policy, vol. 33, pp. 183-194.
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Marine genetic resources both within and beyond national jurisdiction have been the focus of international negotiations in a range of forums in recent years. One recurrent theme throughout these discussions has been the absence of detailed information upon which policy responses to the emerging issue of the conservation and sustainable use of marine genetic resources (especially in areas beyond national jurisdiction) could be based. In an effort to address some of these knowledge gaps, this article examines the level and nature of scientific and commercial interest in marine genetic resources, including in areas beyond national jurisdiction. It also examines the changing perspectives of the scientific community in relation to the potential of marine genetic resources.
Lee, K 2009, '’Counting the Casualties of Telecom: The Adoption of Part 6 of the Telecommunications Act 1997 (Cth)', Federal Law Review, vol. 37, pp. 41-69.
Lee, K 2009, 'Achieving Network Neutrality: Maintaining Competition Between Content and Application Providers', Trade Practices Law Journal, vol. 17, pp. 133-139.
Lenta, P 2009, '“Everyday Abnormality”: Crime and In/security in Ivan Vladislavić’s Portrait with Keys', The Journal of Commonwealth Literature, vol. 44, pp. 117-133.
Lenta, P 2009, 'Justice and Reconciliation in Post-Apartheid South Africa, Francois Du Bois and Antje du Bois-Pedain (Eds.): book review', South African Journal of Philosophy= Suid-Afrikaanse Tydskrif vir Wysbegeerte, vol. 28, pp. 259-260.
Lenta, P 2009, 'Review of Du Bois, Francois and Antje du Bois-Pedain (eds.) Justice and Reconciliation in Post-Apartheid South Africa (Cambridge: Cambridge University Press, 2008)', South African Journal of Philosophy, vol. 28, pp. 259-260.
Lenta, P 2009, 'Taking diversity seriously: Religious associations and work-related discrimination', South African Law Journal, vol. 126, pp. 827-860.
Lenta, P 2009, 'The Constitution in the Classroom: Law and Education in South Africa 1994-2008, Stu Woolman and Brahm Fleisch: book review', South African Law Journal, vol. 126, pp. 615-617.
Lenta, P 2009, 'What Conditional Amnesty Is Not', Theoria, vol. 56, pp. 44-64.
Li, G 2009, 'Can the PRC's New Anti-Monopoly Law Stop Monopolistic Activities: Let the PRC's Telecommunications Industry Tell You the Answer', Telecommunications Policy, vol. 33, no. 7, pp. 360-370.
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This paper studies the new AML and its various provisions in relation to antimonopoly and anti-competitive conducts and attempts to validate those provisions against the recent PRC telecommunications reform. Part 1 provides an introduction of the telecommunications industry in China, including its regulatory framework and its market arrangement. Part 2 studies the 13-year long law making history of the new AML and highlights some of the major aspects of this act. Part 3 analyses the recent telecommunications reform in China. Part 4 analyses the interplay between the AML and the recent telecommunications reform.
This paper briefly introduces a recent history of the development of the Chinese contract law. It then analyses various specific contract law issues including formation of the contract, liability for breach of contract and the notion of subrogation. This paper finds that PRCs contract law presents a hybrid version with key concepts from both Common law tradition and the Civil law tradition. This hybrid is however unique in the way of enforcing contracting parties rights/obligations in many contract matters. Unfortunately, without a proper case recording system in the jurisdiction, the unique Chinese legal method is somehow difficult to solve complex contract issues. This paper then argues further that there is a need to update the current system in the law of contract, particular in dealing with the right of subrogation
In Cubillo v Commonwealth (2000), a form of consent with the purported thumbprint of Topsy Kundrilba was found to offer sufficiently persuasive evidence to reject the claim of forcible removal of an Indigenous child. In this landmark action in relation to the Stolen Generations, the thumbprint was imbued with the status of a signature which was interpreted as indicating a motherï½s informed consent to the removal of her son. Drawing on Derridaï½s concept of iterability, I suggest that the thumbprint cannot be read as a signature, and propose an alternative deconstructive reading. I argue that the form of consent exemplifies colonial documentary practices which were implemented in an attempt to make Indigenous subjects legible and to produce subjectivity which conformed to normative white patriarchal order.
Millbank, J 2009, 'De facto Relationships, Same-Sex and Surrogate Parents: Exploring the Scope and Effects of the 2008 Federal Relationship Reforms', Australian Journal of Family Law, vol. 23, no. 3, pp. 160-193.
In October 2008 a suite of major reforms concerning family relationships passed federal parliament. Broadly speaking these reforms include same-sex couples within the category of âde facto relationshipâ in all federal laws (previously limited to unmarried heterosexual couples), extend the definition of âparentâ and âchildâ in much federal law to include lesbian parents who have a child through assisted reproductive means and, in more limited circumstances, to include parents who have children born through surrogacy arrangements. The reforms also bring de facto couples, both heterosexual and same-sex, from the territories and referring states (which to date do not include Western Australia and South Australia) within the federal family law property division regime. This article is divided into two main parts, examining the reforms relating to de facto partners first and then exploring those concerning parental status.
Millbank, J 2009, 'From Discretion to Disbelief: Recent Trends in Refugee Determinations on the Basis of Sexual Orientation in Australia and the United Kingdom', International Journal of Human Rights, vol. 13, no. 2/3, pp. 391-414.
In Appellants S395/2002 and S396/2002 v. Minister for Immigration and Multicultural Affairs, the High Court of Australia was the first ultimate appellate court to consider a claim to refugee status based upon sexual orientation. By majority the court rejected the notion prevalent in earlier cases that decision-makers could âexpectâ refugee applicants to âco-operate in their own protectionâ by concealing their sexuality. This paper explores the impact of S395 and S396 on the refugee jurisprudence of Australia and the United Kingdom five years on. Refugee decision-makers in both countries have been slow to fully appreciate the fact that sexual minorities are secretive about their sexuality and relationships as a result of oppressive social forces rather than by âchoiceâ. In addition, in Australia there has been a clear shift away from discretion towards disbelief as the major area of contest, with a significant increase in decisions where the applicantâs claim to actually being gay, lesbian or bisexual is outright rejected. In an alarming number of cases tribunal members used highly stereotyped and westernised notions of âgaynessâ as a template against which the applicants were judged.
Millbank, J 2009, 'From Discretion to Disbelief: Recent Trends in Refugee Determinations on the Basis of Sexual Orientation in Australia and the United Kingdom', International Journal of Human Rights, Vol. 13, no. 2.
Millbank, J 2009, 'The Ring of Truth: A Case Study of Credibility Assessment in Particular Social Group Refugee Determinations', International Journal of Refugee Law, vol. 21, no. 1, pp. 1-33.
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Credibility assessment has always been a major issue in refugee determinations and its importance increases in the context of widespread introduction of âfast-trackâ processes and the manifest trans-national trend to truncate (or indeed remove) avenues for review. This article explores the practice of credibility assessment in lower level tribunals using a case study of over 1000 particular social group ground (PSG) decisions made on the basis of sexual orientation over the past 15 years. Credibility played an increasingly major role in claim refusals, and negative credibility assessments were not always based on well-reasoned or defensible grounds. The article uses this specific case study in order to ground recommendations for structural and institutional change aimed at improving the credibility assessment process in refugee determinations more broadly.
Moran, T, Ries, N & Castle, D 2009, 'a cause of action for regulatory negligence? The regulatory framework for genetically modified crops in Canada and the potential for regulator liability', Revue de Droit et Technologie de l'Université d'Ottawa / University of Ottawa Law and Technology Journal, vol. 6, pp. 1-23.
The dividing line between the stigmatised and normalised, `clean and proper, body is integral to law. Disability discrimination laws, even as they set out to offer protection to those defined as disabled, entrench the division between normalised self and stigmatised other, projecting onto the `disabled body those abject qualities of incapacity or vulnerability that the privileged normalised body seeks to deny. This seemingly static relationship, however, has the potential to be transformed by the disruptive qualities of the new genetics. Genetic technologies create novel forms of abjection, revealing all bodies as flawed and undermining the fantasy of the clean and proper body. This allows for the possibility of a new approach to disability discrimination laws, based on a more ethical relationship between the normalised and stigmatised body
Most Pacific Island countries are located in the tropics, where there is an abundance of mosquitoes with the potential to carry debilitating or life-threatening vector-borne diseases. This article examines three Melanesian countries in which malaria is endemic - Papua New Guinea, Solomon Islands and Vanuatu - but the threat posed by the spread of malaria gives the issues a broader significance to the Pacific region. After discussing the spatial distribution and prevalence of malaria in the Pacific, the article examines a number of health interventions through which people have sought to control malaria. Although the disease was nearly eradicated in the Pacific in the 1970s, it is no longer in retreat. The article concludes by examining why there are still grounds for cautious optimism, and the challenges that Pacific Island countries face in reducing the impact of malaria on their populations. There is a need for prompt and concerted action on malaria at the national, regional and international levels if the public health concerns arising from the disease are to be adequately addressed. © Springer Science & Business Media BV 2009.
Opeskin, B 2009, 'The Influence of International Law on the International Movement of Persons'.
Opeskin, B & MacDermott, T 2009, 'Resources, population and migration in the Pacific: Connecting islands and rim', ASIA PACIFIC VIEWPOINT, vol. 50, no. 3, pp. 353-373.
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Purcell, KC & McAdam, J 2009, 'Refugee Protection in the Howard Years: Obstructing the Right to Seek Asylum', Australian Year Book of International Law, vol. 27, pp. 87-114.
This article examines the potential scope of legal protections for certain outworkers as a result of recently enacted federal legislative provisions. The article begins with an overview of existing legal protections under state and territory laws for independent contractor outworkers labouring in industries outside the textile, clothing and footwear sector protections which survived the Howard governments federal takeover of labour law. The article then examines how the further centralisation of labour law under the Rudd Labor government has affected these existing legal protections. In particular, the article analyses the impact upon these state jurisdiction legal protections from the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) and the Fair Work Act 2009 (Cth).
Redmond, PM 2009, 'Corporate social responsibility: An overview of trends and issues', Reform, vol. Smr2005-06, no. 87, pp. 7-11.
Riley, J 2009, 'The Boundaries of Mutual Trust and Confidence', Australian Journal of Labour Law, vol. 22, no. 1, pp. 73-86.
Riley, J 2009, 'Transfer of business under the Fair Work Act', Commercial Law Quarterly, vol. 23, no. 2, pp. 15-22.
Riley, J 2009, 'Workplace Dispute Resolution under the Fair Work Act: Is there a role for Private Alternative Dispute Resolution Providers?', Australasian Dispute Resolution Journal, vol. 20, no. 4, pp. 236-243.
Riley, S 2009, 'A Weed by any Other Name: Would the Rose Smell as Sweet if it Were a Threat to Biodiversity?', The Georgetown International Environmental Law ..., vol. 22, no. 1, pp. 157-184.
Defining and determining what amounts to an invasive alien species has always been a challenging task for states. In particular, where a species is regarded as a resource by one product sector or regime, but considered harmful by another sector or regime, States must often balance or compromise competing claims. Such is the case with respect to the emerging issue of biofuels. Biofuels which are plants from which precursor alcohols such as methanol and ethanol are distilled are seen by states as a potential solution to the problems of climate change and the energy crisis. Yet, many plant species that are promoted as efficient sources of biofuels are also amongst the worldâs worst invasive species. Effective IAS regimes need to be based on a variety of features, including the formulation of definitions that clearly articulate the object and parameters of regulation, as well as the political will to make definitions operational by implementing appropriate regulation. Without clarity of definition and political will, regulators face uncertainty with respect to the establishment of meaningful regimes. Although environmental instruments such as the CBD Guiding Principles and the IUCN Guidelines contain definitions of âinvasive alien speciesâ that are wide enough to include species considered a resource, States have not predominantly embraced these approaches. This hesitancy fundamentally reflects a lack of political will on the part of States to regard useful species as an actual or potentially invasive alien species â a situation that is set to reoccur in the case of biofuels.
Riley, S 2009, 'Preventing Transboundary Harm from Invasive Alien Species', Review of European Community and International Environmental Law, vol. 18, no. 2, pp. 198-210.
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The problem of invasive alien species (IAS) is the second biggest threat to biodiversity after loss of habitat. The introduction and spread of IAS can also be a source of transboundary environmental harm. Although customary international law obliges States to prevent transboundary environmental harm, international law does not clearly articulate these obligations in the context of IAS. A potentially helpful mechanism lies in the use of transboundary environmental impact assessment and risk analysis. However, the operation of these processes, within international environmental law, international quarantine law, and international trade law has generated obligations that largely remain soft, ill-defined and inconsistent. This situation is counter productive to preventing or minimizing transboundary harm caused by IAS.
Riley, S & Li, G 2009, 'Disclosure Requirements and Investor Protection: the compatibility of Commonwealth, state and territory laws in serviced strata schemes', Australian Property Law Journal, vol. 16, no. 3, pp. 262-278.
Policy objectives at the Commonwealth level call for unified and uniform disclosure as part of the law applying to managed investment schemes. Serviced strata schemes are a type of managed investment scheme and are therefore subject to Commonwealth objectives. However, the acquisition of an interest in a serviced strata scheme also comprises the purchase of an interest in real property, which is subject to laws applying in state and territory jurisdictions. The purpose of this article is to examine pre-contract disclosure mechanisms, applying at the state and territory level, to determine their compatibility with policy objectives advanced by the Corporations Act 2001 (Cth).The authors argue that the present regime does not promote a uniform response in accordance with Commonwealth policy. Consequently the authors advocate the adoption of Australia-wide standards in pre-contract disclosure, enabling state and territory disclosure provisions to work in synergy with Commonwealth aims and objectives.
Riley, S & Li, G 2009, 'Disclosure Requirements and Investor Protection: The Compatibility of Commonwealth, State and Territory Laws in Serviced Strata Schemes', Australian Property Law Journal, vol. 16, no. 3, pp. 262-262.
Rodal, R, Ries, N & Wilson, K 2009, 'Influenza Vaccination for Health Care Workers: Towards a Workable and Effective Standard', Health Law Journal, vol. 17, pp. 297-337.
Simmonds, A 2009, 'Rebellious Bodies and Subversive Sniggers?: Embodying Women’s Humour and Laughter in Colonial Australia', History Australia, vol. 6, no. 2, pp. 39.1-39.16.
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© 2009 Taylor and Francis Group LLC. This article challenges orthodox interpretations of the relationship between laughter and agency among women in nineteenth-century colonial Australia. It seeks to complicate functionalist accounts of laughter and play as always representing a working-class challenge to the imposition of middle-class values: not by denying such accounts, but by opening up debate on the relationship between laughter, class and place. While it is true that laughter could operate as an affront to male authority and the repressive colonial penal system, this article suggests that it was a contested discourse, reliant on social class and a sense of place in the colonial order of things. Through a re-reading of the infamous Cascades bottom-slapping incident, it explores the ways in which womens1 humour and the corporeal expression of their laughter functioned to draw the contours of social class. This article has been peer-reviewed.
Simmonds, AP 2009, 'Friendly fire: forced friendship and violent embraces in British-Tahitian first contact', Melbourne Historical Journal, vol. 37, pp. 115-136.
This article challenges orthodox interpretations of the relationship between laughter and agency among women in nineteenth-century colonial Australia. It seeks to complicate functionalist accounts of laughter and play as always representing a working-class challenge to the imposition of middle-class values: not by denying such accounts, but by opening up debate on the relationship between laughter, class and place. While it is true that laughter could operate as an affront to male authority and the repressive colonial penal system, this article suggests that it was a contested discourse, reliant on social class and a sense of place in the colonial order of things. Through a re-reading of the infamous Cascades bottom-slapping incident, it explores the ways in which women¹s humour and the corporeal expression of their laughter functioned to draw the contours of social class. This article has been peer-reviewed.
Storr, C 2009, 'The Aurukun Rape Case, Indigenous Sentencing and the Normalisation of Disadvantage', Australian Indigenous Law Review, vol. 13, no. 1, pp. 107-113.
Stuhmcke, AG 2009, 'Evaluating Ombudsman: A Case Study In Developing A Quantitative Methology To Measure The Performance Of The Ombudsman', International Ombudsman Yearbook, vol. 10, pp. 23-82.
Thomson, M 2009, 'Foreskin is a feminist issue', Australian Feminist Studies, pp. 195-210.
This article considers the ground of religious belief under anti-discrimination law and argues that it is a spectral ground. Religious belief is never defined under anti-discrimination law; it merely has to be 'lawful', which is also not defined. This gives the proscription a permeable character, allowing mainstream Christianity, neoconservatism and other variables to seep in. An analysis of discrimination complaints shows how this occurs metonymically through other proscribed grounds, such as sexuality, ethnicity and race. The phenomenon is most marked post-9/11 in relation to 'Islamophobia'. The proscription of religious vilification and incitement to religious hatred further reveals the tendency of the spectral ground to absorb prevailing political influences.
The exploitative practices by employers that led to the situation of 'stolen wages' of Indigenous Australians, which denied them their rightful employment wages during the 19th and 20th centuries are discussed, as also the legal efforts undertaken by the Indigenous people to rectify the situation. It is suggested that anti-discrimination legislation should be used when considering the resolution of the relevant cases instead of the breach of fiduciary duty clause being used currently.
With the development of the globalization and international trade, the international registration of Trade Marks (TMs) becomes increasingly important for a country to accumulate business fortune and maintain sustainable economic growth. Against this backdrop, the 'tendency towards integration and internationalization ofTM law is consequential'.
Tian, Y 2009, 'Intellectual property (IP) protection versus IP abuses: The recent development of Chinese IP abuse rules and recommendations for foreign technology-driven companies', Computer Law & Security Report, vol. 25, no. 4, pp. 352-366.
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This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and the operation of technology-driven foreign enterprises in China. Firstly, it will provide a brief overview of the TRIPS's requirements on IPR abuse and technology transfer, and the recent development of IP abuse laws at the domestic level, particularly in the US and the EC. Secondly, by drawing a comparison with similar laws in the US and the EC, this paper will critically examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other prior-AML regulations. Thirdly, the paper will examine both opportunities and potential risks these laws may bring to foreign IP holders/technology-driven companies when operating in China, particularly focusing on the impact of the IP-related provision in the AML. Recent development in antitrust litigation in which Microsoft is a party, including the recent anti-monopoly investigation against Microsoft in China, will also be examined. Lastly, it will provide some practical suggestions for foreign IP holders and technology-driven companies to operate in China, such as useful defences against potential IP abuse claims, and other strategies for flexibly applying the IP abuse rules and better participating in future IP abuse legislative process in China.
Varnham, S & Evers, M 2009, 'Secular, Singular and self-expression: Religious freedom in Australian and New Zealand education', Irish Educational Studies, vol. 28, no. 3, pp. 279-296.
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Religious diversity in Australian and New Zealand Education
Varnham, S & Kamvounias, P 2009, 'Unfair, Unlawful or Just Unhappy? Issues Surrounding Complaints of Discrimination made by Students Against their Universities in Australia', Australia and New Zealand Journal of Law and Education, vol. 14, no. 1, pp. 5-22.
Unfair treatment, discrimination or unsatisfactory results? Recent years have seen a Significant increase in complaints ofdiscrimination made to external bodies by students against Australian universities. Some complaints start and finish in specialist tribunals, others move to re-examination in the courts. Whatever course the actions take, they have many jactors in common. Overwhelmingly, the complaints are precipitated bya decision ofacademicjudgement. Almost universally, the students represent themselves while universities retain legal counsel. Frequently the tribunals concerned pay heed to the difficulties faced by a student in such a position, expressly recognising the possibility of a miscarriage ofjustice and stressing the need to ensure against this occurring. Invariably. while the members ofthe tribunal or thejudge may show sympathy for the student in his or her plight, they are not satisfied that there was unlawful discrimination. Almost always, the complaints are dismissed or the actions are unsuccessful.
Vijeyarasa, R 2009, 'Putting Reproductive Rights on the Transitional Justice Agenda: The Need to Redress Violations and Incorporate Reproductive Health Reforms in Post Conflict Development', New England Journal of International and Comparative Law, vol. 15, no. 1, pp. 41-62.
von Tigerstrom, B & Ries, N 2009, 'Cancer Surveillance in Canada: Analysis of Legal and Policy Frameworks and Tools for Reform', Health Law Journal, vol. 17, pp. 1-49.
Vrdoljak, A 2009, 'Human Rights and Genocide: The Work of Lauterpacht and Lemkin in Modern International Law', The European Journal of International Law, vol. 20, no. 4, pp. 1163-1194.
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2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Uni versal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by the then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 1940s, the United Nations Charter speaks of human rights and to the import ance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims. The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, whose personal and familial histories traverse the tragedies of 20th century Europe, was instrumental in the realization of these twin efforts. This article examines their respective contributions to contemporary international law by concentrating on their European experi ence from their youth in Central Europe and the early days of the League of Nations to their mature work up to and including the Nuremberg Judgment.
Anthony, T 2009, 'From Paradise to Prison: Palm Island', University of Sydney Macleay Museum Public Lecture, Macleay Museum.
Anthony, T 2009, 'Indigenous issues in the lasw curricula: moving beyond neo-colonial legal education', UTS Faculty of Law Teaching & Learning Seminar series, UTS.
This paper considered the recharacterisation of Indigenous communities and the rising importance of Indigenous victims in criminal sentencing over the past decade. It focused on sentencing jurisprudence in relation to Indigenous offenders in remote communities. It argued that recognition of Indigenous communities in criminal sentencing is a malleable concept that is prone to law and order politics as well as the politics of Indigenous affairs. If Indigenous community factors are to be deemed relevant as sentencing factors they require clearer enunciation that is derived through an Indigenous community consultative and legislative process.
Anthony, T 2009, 'Sentencing Indigenous Resisters as if the Death in Custody Never Occured', Australia and New Zealand Critical Criminology Conference, Critical Criminology Conference, School of Politcial and Social Inquiry, Monash University, Monash University, pp. 6-18.
This paper addresses the trends in sentencing by higher courts of Indigenous protesters against `white racist violence. It contrasts earlier sentencing decisions affecting resisters on the Yarrabah Reserve in 1981 and towards the 1987 death in custody of Lloyd Boney at Brewarrina (NSW), with later sentencing of protesters after Mulrunjis death in custody on Palm Island in 2004. It argues that Indigenous resisters are increasingly characterised by sentencing judges as out-of-control rather than capable of legitimate political engagement. This dovetails a denunciation of the Indigenous community in media moral panics that demands more punitive restraint.
Anthony, T 2009, 'Sentencing indigenous 'rioters' as if the death in custody never occurred', Australia & New Zealand Critical Criminology Conference 2009, Monash University, Melbourne.
Booth, T 2013, 'Sentencing and a Multitude of Victims: towards the development of a victimology for crimes involving mass victimisation', Victimology and Human Security: the 13th International Symposium on Victimology, Mito, Japan.
This paper aims to contribute to developing victimology with regard to victim participation in the sentencing of offenders convicted of crimes involving mass victimisation. Such crimes include terrorism related offences, human trafficking and arson. Although not without controversy, victim participation in the sentencing of 'conventional' homicide offenders has become a well established feature of many national systems. Unique issues arise however in circumstances of mass victimisation and several jurisdictions have already experienced significant legal and political difficulties grappling with victim impat evidence in domestic terrorim cases (Indonesia, USA). A contemporary challenge for legislators is to formulate policy and implement an appropriate legislative framework that will maintain due process and faciltate participation by crime victims in conformity with community standards and expectations. Drawing on the exeperiences of US courts that have recently grappled with the phenomenon of victim impact evidence in domestic terrorism cases, this paper will explore particular issues including the selection of victims to be heard, the enormous volume of victim impact evidence an courtroom governance of concomitant emotions.
Boydell, S, Crofts, P, Prior, JH, Jakubowicz, AH & Searle, GH 2009, 'Sex in the city: regulations, rights and responsibilities in Sydney', State of Australian Cities (SOAC) Conference, State of Australian Cities Conference, Promaco Conventions Pty Ltd and DiskBank, Perth, Australia, pp. 1-24.
The state regulates sex industry types in accordance with a range of complex, overlapping and often conflicting legal, policing, planning and administrative mechanisms. The sex industry in Sydney is currently regulated through all levels of Australian government. New South Wales (NSW) is seen as leading the charge within Australia for its neoliberal market model of occupational and premises regulation. Taking a transdisciplinary research design, this paper identifies positive steps towards citizenship and the sex industry in inner Sydney.
Dorsett, SG 2009, ''Defects of Religious Principle' and Unsworn Maori Testimony in the New Zealand Courts 1840-1850', 28th Annual Australian and New Zealand Law and History Conference, Victoria University of Wellington.
Dorsett, SG 2009, 'Perspectives on Sovereignty as Colonial Administration in the Early New Zealand Crown Colony Period', Transpositions of Empire, Prato, Italy.
Holland, G 2009, 'The Federal System in Australia', 21st Commonwealth Parliamentary Seminar, Commonwealth Parliamentary Association, NSW Parliament House, Sydney.
Li, G 2009, 'An Interplay between the PRC Anti-Monopoly Law and Its Recent Telecommunications Reform', PTC'09, PTC'09 Collaborating for Change: Strategies, Opportunities, Partnerships, Pacific Telecommunications Council, HAWAII.
Li, G 2009, 'Challenge or opportunity: 3G rollout in China in the Economic downturn', Legal Discourse in Cyberlaw and Trade, International Conference on Legal, Security and Privacy Issues in IT Law, International Association of IT Lawyers, Malta, pp. 186-198.
Mowbray, AS, Chung, PT & Greenleaf, GW 2008, 'Free-access Law Enhancements for Australian Law', Proceedings of the 9th International Conference "Law via the Internet", International Conference "Law via the Internet", European Press Academic Publishing, Florence, Italy, pp. 285-298.
Rawling, MJ & Johnstone, R 2009, 'Regulating Supply Chains', Paradoxes of the supply chain workers' health and safety: An international seminar on the role of the supply chain in health and safety management and performance, Cardiff University, UK.
Riley, S 2009, 'Law is Order and Good law is Good Order', Law is Order and Good law is Good Order, Governance and Environment Sustainability, IUCN, China, pp. 1-34.
Riley, S & Li, G 2009, 'Disclosure Requirements and Investor Protection: the compatibility of Commonwealth, state and territory laws in serviced strata schemes', Disclosure Requirements and Investor Protection: the compatibility of Commonwealth, state and territory laws in serviced strata schemes, Raising Confidence in the Capital Markets through Gatekeeper Accountability: Lessons from the credit crunch., Corporate Law Teachers Association, Sydney, pp. 1-19.
Policy objectives at the Commonwealth level call for unified and uniform disclosure as part of the law applying to managed investment schemes. Serviced strata schemes are a type of managed investment scheme, and are therefore, subject to Commonwealth objectives. However, the acquisition of an interest in a serviced strata scheme also comprises the purchase of an interest in real property, which is subject to laws applying in state and territory jurisdictions. The purpose of this paper is to examine pre-contract disclosure mechanisms, applying at the state and territory level, to determine their compatibility with policy objectives advanced by the Corporations Act 2001 (Cth). The authors argue that the present regime does not promote a uniform response in accordance with Commonwealth policy. Consequently the authors advocate the adoption of Australia-wide standards in pre-contract disclosure, enabling state and territory disclosure provisions to work in synergy with Commonwealth aims and objectives.
Riley, S & Li, G 2009, 'Serviced Strata Schemes: Real Property or A Financial Product?', Serviced Strata Schemes: Real Property or A Financial Product?, Pacific Rim Real Estate Society 15th Annual Conference, Pacific Rim Real Estate Society, Sydney, pp. 1-15.
Over the last two decades, serviced strata schemes have become a popular investment vehicle for many people aspiring to enter the real estate market. On one level, serviced strata schemes are based on ownership of strata title and are regulated according to state and territory strata title and conveyancing laws. Yet, serviced strata schemes are also a way of pooling resources and are additionally regulated as managed investment schemes under the Corporations Act 2001 (Cth). These dual layers of regulation are primarily, although not exclusively based on disclosure mechanisms. The purpose of this paper is to examine those mechanisms to determine the compatibility of state/territory laws to commonwealth objectives and also to determine the extent to which the present regime meets the needs of investors. It is concluded that lack of uniformity amongst state and territory laws is at odds with the unified approach fostered by the Corporations Act 2001 (Cth). This discrepancy potentially undermines the protection of investors. We therefore argue that the way forward should encompass Australia-wide codes applying to disclosure regimes with respect to the acquisition of an interest in strata title.
Annual conference of ANZELA
Squelch, J & Varnham, S 2009, 'Rights, Responsibilities and Regulation - the three Rs of Education: A consideration of the state's control over parental choice in education', Annual Conference of Australasian Law Teachers Association (ALTA), Cairns, QLD, Australia.
Paper given by co-author A/Prof Joan Squelch in Law in non-law schools interest group
Tian, Y 2009, 'China's IP Abuse Rule: Another approach to protecting the public domain', Unlocking IP Conference: National and Global Dimensions of the Public Domain, University of New South Wales, Faculty of Law, Sydney Australia.
This paper will focus on the recent development of the Chinese IP abuse legislation and its potential impact on IP protection and technology transfer in China. Firstly, a brief overview of the TRIPS requirement concerning IPR abuse and technology transfer, and the recent development of IP abuse laws at domestic levels, particularly in the US and the EC, will be given. The paper will then examine the recent development of the Chinese laws regarding technology transfer and IP abuse prevention, including both the recently enacted Anti-Monopoly Law 2008 (AML) and other regulations. Specifically, the ways in which IP-related provisions in the Chinese Anti-monopoly law 2008 balance the interests of different stakeholders, and facilitate technology transfer from developed nations to developing nations, will be discussed. Recent antitrust lawsuits, including the antimonopoly investigation against Microsoft in China, will also been examined. Finally, this paper will argue that rules preventing IP abuse and antitrust laws may serve as a supplement to current public rights measures (such as fair use and fair dealing doctrine and the open source movement), to enhance the public domain, consumer interests and fair competition.
Tian, Y 2009, 'Intellectual Property and Antitrust Risks of Foreign Investors in the Process of Direct Investment or Acquisition in Australia', presented to the Foreign Direct Investment Delegation from the State-owned Assets Supervision and Administration Commission (SASAC) of the State Council, P.R. China, (invited by Australian Technical Experts Network (ATEN)),, University of Sydney.
Tian, Y 2009, 'Recent Development of Chinese IP Abuse Rules & Recommendations for Foreign Technology-driven Companies', IP Academics Conference: Forty Years of Intellectual Property as an Academic Discipline â Taking Stock and Looking Forward, Melbourne Law School, Australia.
Tian, Y 2009, 'The Impacts of the Chinese Anti-Monopoly Law on IP Commercialization in China and General Strategies for Foreign Investors and Future Regulators', Intellectual Property Scholars Roundtable, Drake University Law School, Iowa USA.
Tian, Y 2009, 'Towards More Balanced IP Protection: Chinese Anit-Monopoly Law and its Impacts on Innovation Stimulation and IP Abuse Prevention in China', The 5th International Conference on Intellectual Property Protection of HIgh Technology, Tsinghua University, Beijing, China.
van Rijswijk, HM 2009, 'A Civil Ethics of Injury? Discourses of Justice in Negligence Law', Law and Society Conference of Australia and New Zealand, Griffith Law School.
van Rijswijk, HM 2009, 'A Civil Ethics of Injury?: Transgressive Moral Language in Negligence Law Reform', Law and Literature Association of Australia and Law and Society Association of Australia and New Zealand Joint Conference, Griffith Law School.
van Rijswijk, HM 2009, 'Literary and Legal Judgment in Carpentaria and Mabo', Literature and Politics Conference, University of Sydney.
van Rijswijk, HM 2009, 'The Poetics and Politics of the Past: Time and Responsibility in Tort, Trauma Theory and Literary Fiction', Law, Culture and Humanities Association Conference, Boston, USA.
van Rijswijk, HM 2009, 'Transformative Spatiality and the Adjudication of the Private/Public Divide in Literary Claims for Justice', joint Law and Literature Association of Australia (LLAA) and Law and Society Association of Australia and New Zealand Inc. (LSAANZ) Conference, Griffith Law School, Brisbane, Australia.
van Rijswijk, HM 2009, 'Transformative Spatiality and the Adjudication of the Private/Public Divide in Literary Claims for Justice', Law and Literature Association of Australia and Law and Society Association of Australia and New Zealand Joint Conference, Griffith Law School.
Varnham, S 2009, 'Up with students' rights downunder: Students and university ombudsmen in Australia and New Zealand', Annual Conference of the European Network of Ombudsmen in Higher Education, University of Hamburg, Hamburg, Germany.
Esteban, M, Websersik, C & Leary, DK Henley Media Group Ltd in association with the Commonwealth Secretariat 2009, Nanotechnology, ocean energy and forestry - making climate change mitigation work, pp. 163-169, United Kingdom.
Since the mid 1990s, participation in Australian higher education has increased markedly. According to statistics published by the Commonwealth, the total number of students enrolled in Australian higher education institutions in 1995 was 604,176. That figure increased to 1,029,846 in 2007, an increase of about 70.5%.1 There has been much speculation about whether there has been a marked increase in complaints (including litigation). While our research reveals a marked increase in overall numbers of complaints (including litigation), commensurate with increases in student numbers since 1995, it is another thing to say that the rise in complaints is out of proportion to increases in student numbers. Indeed, our research findings were inconclusive (Jackson, Fleming, Kamvounias, & Varnham, 2009, Ch 3.2.6). Since the establishment of the Australian Universities Quality Agency in 2000, universities have had to turn their attention to irnprovements in the provision of quality teaching and learning. However, unlike developments in the United Kingdom, little attention has been paid to establishing any code, set of principles or guidelines in relation to the handling of student grievances and discipline matters. The project team is of the view that quality learning and teaching in universities should encompass quality in internal mechanisms for handling student complaints and appeals. To that end, the project team undertook research in this area during 2007 and 2008 to identify and scope some of the problems that arise in the way universities handle complaints and appeals, and to suggest ways in which mechanisms might be improved.
Rawling, MJ Senate Education, Employment and Workplace Relations Committee 2009, Senate Submission: Inquiry into the Fair Work Bill 2008- Will The Rudd Federal Labor Government Abolish Key Legal Protections For Certain Exploited Vulnerable Workers?, pp. 1-19, Canberra, Australia.
This article examines the potential loss of legal protections for certain outworkers as a result of recently enacted (or foreshadowed) federal legislative provisions. The article begins with an overview of existing legal protections under State and Territory laws for independent contractor outworkers labouring in industries outside the textile clothing and footwear sector - protections which survived the Howard governments federal takeover of labour law. The article then examines how the proposed further centralization of labour law under the Rudd federal Labor government may lead to the abolition of these existing legal protections. In particular, the article focuses upon the threats posed by provisions of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) and the Fair Work Bill 2008 (Cth). The article concludes by setting out the necessary steps to avoid the unjust obliteration of key legal protections for these exploited vulnerable workers.]
Redmond, PM Diplomacy Traing Program, UNSW 2009, The UN Guidelines and emerging standards on corporate accountability for human rights, Sydney.
Report of recommendations following a review of the Banks and Banks Holidays Act 1912 (NSW), with a view to enacting new public holidays legislation
Riley, S National Health and Medical Research Council 2009, Submission on ETHICS AND THE EXCHANGE, SALE OF AND PROFIT FROM PRODUCTS DERIVED FROM HUMAN TISSUE: AN ISSUES PAPER, pp. 1-12, Canberra.
The submission deals with ethical considerations deriving from commercialisation of human tissue products.
Riley, S THE DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS 2009, SUBMISSION TO THE DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS onAUSTRALIA'S BIODIVERSITY CONSERVATION, pp. 1-8, Canberra.
The report is a submission to Australia's draft Biodiversity strategy drawing attention to the need for a more unified response to the problem of invasive alien species and their impact on biodiversity.
Kirkby, D 2009, 'Celluloid ANZACS: The Great War Through Australian Cinema', UNIV MELBOURNE, pp. 121-122.
Rawling, MJ 2009, 'Working Paper 64: Will the Rudd Federal Labor Government Abolish Key Legal Protections For Certain Exploited Vulnerable Workers?', Regulatory Institutions Network.