Alexander, I 2010, 'Inspiration or infringement: the plagiarist in court' in Bently, L, Davis, J & Ginsburg, J (eds), Copyright and Piracy, Cambridge University Press, New York, United States, pp. 3-16.
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Alexander, I 2010, ''Neither Bolt Nor Chain, Iron Safe, Nor Private Watchman, Can Prevent the Theft of Words': The Birth of the Performing Right in Britain' in Deazley, R, Kretschmer, M & Bently, L (eds), Privilege and Property: Essays on the History of Copyright, OpenBook Publishers, United Kingdom, pp. 321-346.
Alexander, I 2010, 'The genius and the labourer: authorship in eighteenth and nineteenth-century copyright law' in Bently, L, Davis, J & Ginsburg, J (eds), Copyright and Piracy, Cambridge University Press, New York, United States, pp. 300-308.
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Dorsett, S 2010, 'Sovereignty as Governance in the Early New Zealand Crown Colony Period' in Dorsett, S & Hunter, I (eds), Law and Politics in British Colonial Thought, Palgrave Macmillan US, New York, USA, pp. 209-228.
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This chapfer discusses the movement of laws and the transmission of ideas across Empire,' In parricuiac, it rracesseveral ways in which sovereignty was understood in certain British intellectual contexts during [he key period of the first half of the nineteenth ceorury, and the various constructs of sovereignty that were employed in response co specific circumstances of colonial governance. The topic around which chis consideration of sovereignty is organized is char of the problem of the ordering of empire and of the management of colonial relations, both between merropole and colony, and with respect to the internal legal order of one colony-New Zealand
Dorsett, SG 2010, 'Comparative Perspectives on Communal Lands and Individual Ownership' in Godden, L & Tehan, M (eds), Sustainable Futures: Comparative Perspectives on Communal Lands and Individual Ownership, Routledge-Cavendish, London, UK, pp. 290-306.
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Fox, M & Thomson, M 2010, 'Older Minors and Circumcision: Questioning the Limits of Religious Actions' in Denniston, GC, Hodges, FM & Milos, MF (eds), Genital Autonomy:, Springer Netherlands, pp. 15-38.
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Hunter, I & Dorsett, S 2010, 'Introduction' in Law and Politics in British Colonial Thought, Palgrave Macmillan US, pp. 1-8.
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Karpin, IA 2010, 'Taking care of the health of the preconceived embryos or constructing legal harm' in Nisker, J, Baylis, F, Karpin, McLeod, C & Mykitiuk, R (eds), The Healthy Embryo, Cambridge University Press, Cambridge, pp. 136-150.
Leary, D 2010, '19. International Law And The Genetic Resources Of The Deep Sea' in Vidas, D (ed), Law, Technology and Science for Oceans in Globalisation, Brill | Nijhoff, Leiden and Boston, pp. 353-369.
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Leary, DK & Pisupati, B 2010, 'Conclusion' in Leary, D & Pisupati, B (eds), The Future of International Environmental Law, United Nations University Press, Tokyo, pp. 292-295.
Leary, DK & Pisupati, B 2010, 'Emerging technologies: Nanotechnology' in Leary, D & Pisupati, B (eds), The Future of International Environmental Law, United Nations University Press, Tokyo, pp. 227-246.
Millbank, J 2010, 'Reproductive outsiders - the perils and disruptive potential of reproductive coalitions' in Brooks, K & Leckey, R (eds), Queer Theory: Law, Culture, Empire, Routledge, London, UK, pp. 105-121.
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Scholarship and activism concerning reproduction and parenting evinces a distinctly bifurcated trend. Lesbian and gay issues and those of heterosexual parents are usually addressed entirely separately, by different people writing to, and speaking with, different audiences. Mainstream family law texts and courses in universities continue to barely acknowledge the existence of gay and lesbian families (Parkinson 2009), while major scholars on reproductive rights are more likely to mention gay or lesbian cases in passing as evidence of a wider point (such as the role of intention in determining parentage) rather than to centre their issues in analysis, or explore them in any detail (Dolgin 2008: 360). Meanwhile, gay and lesbian family-related scholarship has had a far greater focus on family recognition issues specific to gay men and lesbians, rather than on issues of reproductive rights related to family formation. Perhaps because many gay and lesbian families conceive in collaboration with each other in informal circumstances, access to family formation avenues has not been felt to be as pressing an issue as the legal recognition of families already in existence. Yet, there is a sizable portion of gay and lesbian intending parents who are either unable or unwilling to reproduce in concert with each other and thus need fertility services and adoption. Both of these avenues have traditionally been, and often continue to be, highly discriminatory against same-sex couples. While commentators have pointed out the lack of reasoned basis for exclusion from fertility and adoption services, and identified avenues for challenging exclusions (Storrow 2007; Millbank 2006), discussion has tended not to extend beyond quite formalistic in-or-out parameters. Moreover, when challenges have been brought, or campaigns waged, for change by gay and lesbian parenting groups or individuals, there has been little sense of common cause with straight people who are also prospecti...
Simmonds, AP 2010, 'Barring Disabled Migrants Makes Australia The Loser' in Justin Healey (ed), Disability Rights and Awareness, The Spinney Press, Melbourne, p. 14.
Smith, SJ, Searle, BA & Powells, GD 2010, 'Introduction' in Leary, D & Pisupati, B (eds), The Blackwell Companion to the Economics of Housing, Wiley, Tokyo, pp. 1-27.
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Thomson, M 2010, 'A tale of two bodies: The male body and feminist legal theory' in Transcending the Boundaries of Law Generations of Feminism and Legal Theory, pp. 144-155.
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Thornton, M & Luker, T 2010, 'The Sex Discrimination Act and Its Rocky Rite of Passage' in Margaret Thornton (ed), Sex Discrimination in Uncertain Times, ANU E Press, Canberra, pp. 25-45.
van Rijswijk, HM 2010, 'Mrs Donoghue and The Law's Strange Neighbour: New Narratives of Modernist Trauma' in Sheehan, P & Groth, H (eds), Remaking Literary History, Cambridge Scholars Publishing, Newcastle upon Tyne, pp. 155-166.
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There is a strange English case, one that is also a quintessentially modernist text, which all students of the common law are taught. In this case, Donoghue v Stevenson [1932] AC 562, the House of Lords reformulated the responsibility owed by one person to another in civil society, (despite its legal importance, it is irreverently known as 'the-snailin- the-bottle case'). The case has had a hold on the imagination of lawyers ever since it was heard in 1932; but as to why this case matters so much to lawyers, and why it should also matter to modernists, I need to start by telling a story. Like all good stories, this one starts with a journey-Mrs May Donoghue's tram trip from her tenement in the heart of Glasgow to the Welhneadow Cafe in Paisley.
Vrdoljak, A 2010, 'Cultural Diversity, Heritage and Human Rights' in Langfield, M, Logan, W & Craith, MN (eds), Cultural Diversity, Heritage and Human Rights: Intersections in theory and practice, Routledge, London, pp. 65-82.
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Watson, N 2010, 'Death By Inertia - Native Title in the Twenty-First Century' in Andrew Gunstone (ed), Over a Decade of Despair, Australian Scholarly Publishing, North Melbourne, Australia, pp. 31-50.
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this book analyses the impact of the Howard Government on Indigenous Affairs
Alexander, I 2010, 'All Change for the Digital Economy: Copyright and Business Models in the Early Eighteenth Century', Berkeley Technology Law Journal, vol. 25, no. 3, pp. 1351-1379.
Anthony, T 2010, 'Aboriginal Self-determination after ATSIC: reappropriation of the 'original position'', Polemic, vol. 14, no. 1, pp. 4-15.
Bennett, B & Carney, T 2010, 'Law, ethics and pandemic preparedness: the importance of cross‐jurisdictional and cross‐cultural perspectives', Australian and New Zealand Journal of Public Health, vol. 34, no. 2, pp. 106-112.
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Bennett, B & Carney, T 2010, 'Trade, travel and disease: The role of law in pandemic preparedness', Asian Journal of WTO and International Health Law and Policy, vol. 5, no. 2, pp. 301-329.
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In 2009 the world experienced an influenza pandemic caused by the H1N1 virus. While the pandemic was milder then expected, it nonetheless provided the world with an opportunity to do realtime testing of pandemic preparedness. This paper examines the threats to human health posed by infectious diseases and the challenges for the global community in development of effective surveillance systems for emerging infectious diseases. In 2005 a new revised version of the International Health Regulations (IHR) was adopted. The requirements of the IHR (2005) are outlined and considered in light of the constraints facing resource-poor countries. Finally, the paper addresses the role of domestic lawmaking in supporting public health preparedness and articulates a number of ethical principles that should be considered when developing new public health laws.
Bennett, B, Carney, T & Saint, C 2010, 'Swine flu, doctors and pandemics: is there a duty to treat during a pandemic?', J Law Med, vol. 17, no. 5, pp. 736-747.
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The swine influenza (H1N1) outbreak in 2009 highlighted the ethical and legal pressures facing general practitioners and health workers in emergency departments in determining the nature and limits of their obligations to their patients and the public. Health workers require guidance on the multiple, overlapping, and at times conflicting legal and ethical duties owed to patients and prospective patients, employers and fellow health workers, and their families. Existing sources of advice on these issues in Australia, by way of statements of medical ethics and other sources of advice, are shown to be in need of further amplification if health workers are to be provided with the certainty and guidance required. Given the complexity of the issues, Australia would therefore benefit from more extensive consultation with the variety of stakeholders involved in these questions if pandemic plans are to smoothly deal with future crises in an ethically and legally sound manner.
Berg, LA 2010, 'Reforms to Skilled Migration', The Alternative Law Journal, vol. 35, no. 3, pp. 179-180.
Biber, K 2010, 'Fact-Finding, Proof and Indigenous Knowledge', Alternative Law Journal, vol. 35, no. 4, pp. 208-212.
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The rules of evidence enable law to discover its truths. The rules enable material facts to be 'found' in a haystack of data, and they erect thresholds along a single pathway to admissibility. Each piece of evidence follows the same passage, is tested against the same thresholds, and if it survives it is ruled admissible, and can be used in adversarial litigation in the proof of claims or charges. In teaching the rules of evidence to law students, we are teaching them law's methodology for proving facts that are in dispute. Through the rules of evidence, we teach students to classify, abstract and reason like lawyers. This article questions whether Indigenous perspectives might offer an opportunity to think afresh about how we teach and use laws of evidence.
Buonamano, RL 2010, 'The Problem of Subjectivity and the Critique of Human Rights after Foucault', Griffith Law Review, vol. 19, no. 2, pp. 288-306.
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The problem of subjectivity - of how to conceptualise the subject - remains at the threshold of our understanding of human rights, both as a historical construct and a functional, juridical technology. Moving away from the idea of liberalism as the thought relating to political society based on the juridico-contractual relation of sovereign to subject, Foucault's account of the economic basis for liberal governmentality, developed in the series of lectures delivered during 1978 and 1979, provides scope to reconsider the problem of subjectivity in human rights. Our focus here should be on the possibility of situating the constitution of the subject of human rights within the historical processes associated with the development of the liberal and neo-liberal arts of government, and more specifically at the juncture at which the heterogenous forms of subjectivity associated with homo juridicus (the subject of rights) and homo economicus (the subject of interests) coexist. Further, a critique of human rights with this orientation might be used to address the fundamental political contradiction inherent in the divided subjectivity of the sovereign-subject, and of individual human life as the ultimate biopolitical foundation of the state.
Carney, T 2010, 'Securing Social Security for Migrant Workers: Orthodox Approaches or an Alternative (Regional/Political) Path for Southern Africa?', African Journal of International and Comparative Law, vol. 18, no. 1, pp. 24-45.
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Caulfield, T, Ries, NM, Ray, PN, Shuman, C & Wilson, B 2010, 'Direct‐to‐consumer genetic testing: good, bad or benign?', Clinical Genetics, vol. 77, no. 2, pp. 101-105.
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Caulfield T, Ries NM, Ray PN, Shuman C, Wilson B. Direct‐to‐consumer genetic testing: good, bad or benign?A wide variety of genetic tests are now being marketed and sold in direct‐to‐consumer (DTC) commercial transactions. However, risk information revealed through many DTC testing services, especially those based on emerging genome wide‐association studies, has limited predictive value for consumers. Some commentators contend that tests are being marketed prematurely, while others support rapid translation of genetic research findings to the marketplace. The potential harms and benefits of DTC access to genetic testing are not yet well understood, but some large‐scale studies have recently been launched to examine how consumers understand and use genetic risk information. Greater consumer access to genetic tests creates a need for continuing education for health care professionals so they can respond to patients' inquiries about the benefits, risks and limitations of DTC services. Governmental bodies in many jurisdictions are considering options for regulating practices of DTC genetic testing companies, particularly to govern quality of commercial genetic tests and ensure fair and truthful advertising. Intersectoral initiatives involving government regulators, professional bodies and industry are important to facilitate development of standards to govern this rapidly developing area of personalized genomic commerce.
Crofts, P, Morris, T, Wells, K & Powell, A 2010, 'Illegal dumping and crime prevention: A case study of Ash Road, Liverpool Council', Public Space: The Journal of Law and Social Justice, vol. 5, pp. 1-23.
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Illegal waste disposal is an increasingly significant and costly problem. This paper considers a specific hot-spot for illegal dumping in Sydney, Australia from criminological perspectives. We contribute to the developing criminological literature that considers environmental harms as a crime. This draws upon the symbolic aspect of criminal law, contributing to the notion of environmental harms as wrongs worthy of sanction, and facilitates analysis through the prism of criminological literature. We apply theories of crime prevention to the site and argue that these techniques of crime prevention would be cheaper and more effective long-term than current council responses of simply reacting to dumping after it has occurred
Dauvergne, C & Millbank, J 2010, 'Forced Marriage as a Harm in Domestic and International Law', MODERN LAW REVIEW, vol. 73, no. 1, pp. 57-88.
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This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages both within Europe and elsewhere. We pay particular attention to British initiatives because they are in many ways the most far-reaching and innovative, and thus the contrast with the response of British refugee law is all the more stark.
Davis, M 2010, 'A little give and take: problems in the empiricism of Sellars and his followers', Discusiones Filosoficas, no. 11, pp. 53-67.
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The starting point of this paper is Sellars's rejection of foundationalist empiricism as found in his discussion of the Myth of the Given. Sellars attacks the Myth from two main angles, corresponding to the two elements of empiricism: the idea that our beliefs are justified by the world, and the idea that our concepts are derived from experience. In correctly attacking the second, Sellars is also, incorrectly, led to attack the first. Thus, Sellars rejects the commonsensical idea that at least some of our ideas can be justified by appeal to the empirical world. My purpose is to examine why Sellars is led to this point, and how the same assumptions that lead him there also operate in his followers, such as Brandom, Rorty and McDowell. I then show how a rejection of these assumptions gives us a way around this problem that does not fall back into foundationalism.
Dorsett, S 2010, 'Making Up the Issue: The Judges' Role in Formulating Actions in the Crown Colony Period: Pharazyn v Smith (1844)', Victoria University of Wellington Law Review, vol. 41, no. 3, pp. 427-452.
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This article considers one of the key procedural innovations of the first Supreme Court rules – the making up of the issue – through the lens of the Supreme Court decision in Pharazyn v Smith (1844). Making up the issue referred to the process whereby pleadings were drafted in conference with the judge hearing the case. This contrasted with the English system of the time of a series of written exchanges between parties designed to identify the disputed issues of fact and law, and in which the role of the judge was essentially a passive one. Through Pharazyn v Smith we can see one of the ways in which judges sought to modify English laws to the circumstances of the colony, as well as the judges' role in shaping litigation, and hence law, in the infant colony.
Dorsett, S & Lafferty, G 2010, 'Good Faith and the Fair Work Act: Its Potential, in Light of the New Zealand Experience', The Economic and Labour Relations Review, vol. 21, no. 1, pp. 53-67.
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AbstractThis article addresses the potential of the Fair Work Act’s good faith bargaining provision to enhance good faith bargaining and employment relationships, using New Zealand’s good faith provisions under the Employment Relations Act 2000 as a comparative frame of reference. It explores the limitations of the Fair Work Act’s compliance-based approach to good faith, which consists mainly of the parties presenting a legally defensible appearance of not acting in bad faith. In contrast, the New Zealand legislation aims to suffuse good faith with considerable content and definition, enabling parties to the employment relationship to extend good faith well beyond bargaining. In contrast to the Employment Relations Act, the formalistic, procedural approach promoted by the Fair Work Act is unlikely to encourage a significant cultural change towards meaningful good faith principles and practices.
Dorsett, SG 2010, 'Case Note: R v E Hipu', Victoria University of Wellington Law Review, vol. 41, no. 1, pp. 89-96.
Edmond, G, Kemp, R, Porter, G, Hamer, D, Burton, M, Biber, K & Roque, MS 2010, 'Atkins v The Emperor: The ‘Cautious’ Use of Unreliable ‘Expert’ Opinion', The International Journal of Evidence & Proof, vol. 14, no. 2, pp. 146-166.
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What happens to a country under constant surveillance? The recent decision in Atkins v The Queen provides a partial answer.1 The sheer availability of images seems to be driving decisions about their admissibility and use as identification evidence. Confronted with CCTV recordings associated with criminal activities English courts have been reluctant to restrict their admission or impose limitations on the scope or form of incriminating opinion derived from them. Although the Court of Appeal decision in Atkins v The Queen is concerned primarily with the way in which an opinion derived from CCTV images was expressed, the decision exposes jurisprudential weakness and continuing problems with photo comparison and facial-mapping evidence.
Esteban, M, Leary, D, Zhang, Q, Utama, A & Ishihara, K 2010, 'The greening of the offshore energy sector in the North Sea', International Journal of Labour Research, vol. 2, no. 2, pp. 245-268.
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Fox, M & Thomson, M 2010, 'HIV/AIDS and circumcision: lost in translation', Journal of Medical Ethics, vol. 36, no. 12, pp. 798-801.
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In April 2009 a Cochrane review was published assessing the effectiveness of male circumcision in preventing acquisition of HIV. It concluded that there was strong evidence that male circumcision, performed in a medical setting, reduces the acquisition of HIV by men engaging in heterosexual sex. Yet, importantly, the review noted that further research was required to assess the feasibility, desirability and cost-effectiveness of implementation within local contexts. This paper endorses the need for such research and suggests that, in its absence, it is premature to promote circumcision as a reliable strategy for combating HIV. Since articles in leading medical journals as well as the popular press continue to do so, scientific researchers should think carefully about how their conclusions may be translated both to policy makers and to a more general audience. The importance of addressing ethico-legal concerns that such trials may raise is highlighted. The understandable haste to find a solution to the HIV pandemic means that the promise offered by preliminary and specific research studies may be overstated. This may mean that ethical concerns are marginalised. Such haste may also obscure the need to be attentive to local cultural sensitivities, which vary from one African region to another, in formulating policy concerning circumcision.
Greenleaf, G, Mowbray, A & Chung, P 2010, 'Building a commons for the common law: the Commonwealth Legal Information Institute (CommonLII) four years on', Commonwealth Law Bulletin, vol. 36, no. 1, pp. 127-134.
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Hawes, C 2010, 'China's Legal System: New Developments, New Challenges. Donald C. Clarke', The China Journal, vol. 63, pp. 192-195.
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Hawes, C 2010, 'The Power of the Internet in China: Citizen Activism Online. Guobin Yang', The China Journal, vol. 64, pp. 245-247.
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Henderson, M, de Zwart, M, Lindsay, D & Phillips, M 2010, 'Legal risks for students using social networking sites', Australian Educational Computing, vol. 25, no. 1, pp. 3-7.
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There are significant privacy, intellectual property, copyright and disclosure risks associated with the ill-considered use of social networking sites, however, the implementation of regulatory actions may also undermine the social and emerging educational utility of social networking sites for young people. Inevitably the burden of dealing with the risks of social networking sites must necessarily fall on the development of educational strategies designed to equip young people with the skills and tools to manage their own personal information, and respect the privacy of others, including their teachers. While several valuable projects have tackled the issue of cyberbullying surrounding the use of social network sites, little research has been performed in Australia on the broader legal issues. This paper describes some of these serious and frequently misunderstood legal risks and outlines the current large scale research project aimed at identifying student practices as well as the perceptions of their teachers and parents. This paper will provide a valuable discussion point for teachers and administrators who are trying to understand the broader legal implications of personal and educational use of social networking sites.
Hohmann, J 2010, '‘Visions of Social Transformation and the Invocation of Human Rights in Mumbai: The Struggle for the Right to Housing’', Yale Human Rights & Development Law Journal, vol. 13, no. 1, pp. 135-184.
Jackson, J, Fleming, H, Kamvounias, P & Varnham, S 2010, 'Student Complaint Handling and Disciplinary Processes in the 21st Century Australian University', Education Law Journal, vol. 11, no. 2, pp. 108-116.
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Many university students at some time during their studies have a complaint or are the subject of disciplinary proceedings for academic misconduct. A course or assessment of a student's work may not measure up to expectations or a student may feel treated unfairly during a misconduct process. When this occurs, students may feel that their learning and engagement with the curriculum has been compromised. Inevitably, some students pursue their complaints, while others simply move on or, in more extreme cases, leave the system altogether. Conflicts with university faculties have been cited as one major reason why students leave graduate programmes in universities in the US.1 Aggrieved students are less likely to integrate and identify with the values and processes of the university.2 On the other hand, there are some students who are very aware of their rights and quite prepared to use internal and external mechanisms to exercise them.
Kaine, S & Rawling, M 2010, '‘Comprehensive Campaigning’ in the NSW Transport Industry: Bridging the Divide Between Regulation and Union Organizing', Journal of Industrial Relations, vol. 52, no. 2, pp. 183-200.
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The transport industry in New South Wales is characterized by widespread precarious employment in the form of a workforce of truck owner-drivers who largely fall outside the scope of common law protections for employee drivers. A sizeable proportion of these contingent owner-drivers have been successfully organized to become active members of the New South Wales Transport Workers Union (TWU). This article briefly examines the industry structure within which this contingent workforce of truck owner-drivers has arisen. It analyses the strategic campaign strategy that underpins the leading role of this trade union in its (so far) successful struggle to obtain and maintain innovative regulatory protections providing substantial material benefits to this workforce, in the form of enforceable minimum working conditions. In so doing, the article demonstrates the considerable potential for union involvement in diverse regulatory frameworks, which may expand existing approaches to organizing and building union capacity.
Landrigan Ph.D., M 2010, 'Religion, Politics and Asylum Seekers', Alternative Law Journal, vol. 35, no. 4, pp. 213-216.
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This paper explores Kevin Rudd's use of religion in politics on the topic of asylum seekers when he was Shadow Minister for Foreign Affairs. The article examines how Rudd sought to use religious language to win votes. Identifying Dietrich Bonhoeffer as a role model and citing the parable of the Good Samaritan in relation to asylum seekers, Rudd said Christianity must always take the side of the marginalised. As Prime Minister, Rudd faced challenging political circumstances in relation to asylum seekers. However, it is surprising how little tough criticism Rudd endured when his government failed to live up to the high Christian standards he had laid out as Shadow Minister.
Landrigan Ph.D., M 2010, 'Voices in the Political Wilderness – Women in the Sydney Anglican Diocese', Alternative Law Journal, vol. 34, no. 3.
Landrigan Ph.D., M 2010, 'Www.Aussiefirewall.Com.Au/Blocked', Communications Law Bulletin, vol. 29, no. 3.
Leary, D 2010, 'Eds. Jessica M. Shadian and Monica Tennberg, 2009. Legacies and Change in Polar Sciences: Historical, Legal and Political Reflections on the International Polar Year.', The Yearbook of Polar Law Online, vol. 2, no. 1, pp. 343-346.
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Leary, D 2010, 'The corporatisation of international responses to climate change: The Global Carbon Capture and Storage Institute', Asia Pacific Journal of Environmental Law, vol. 13, no. 1, pp. 17-37.
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This article examines the legal and policy implications of the recent establishment of the Global Carbon Capture and Storage Institute ('Global CCS Institute') which is a new global entity whose primary aim is to accelerate the commercial deployment of Carbon Capture and Storage ('CCS') technology and projects around the world. It arises out of a diplomatic initiative by Australia but its emergence can only be understood against the backdrop of the emphasis on CCS in Australia's climate change law, policy and diplomacy, which is driven by the fact that Australia is heavily dependent on coal as a major export commodity and for the generation of electricity. This article examines the nature and structure of this new entity and whether this entity qualifies as a new international organisation with distinct international legal personality. While no conclusive answer can be given on this latter question, it is clear nonetheless that this new global body will have a significant role to play in future diplomacy and policy developments concerning climate change. It is argued that relying solely or even significantly on CCS is a very high risk strategy and represents a policy of 'business as usual' with respect to climate change. Initiatives such as the Global CCS Institute should not be used by governments and other vested interests as a distraction from the need to make significant reductions in greenhouse gas emissions immediately or to divert funding and attention from more promising solutions such as expansion of renewable energy and measures to promote greater energy efficiency. © Australian Centre for Climate and Environmental Law 2010.
Leary, DK & Walton, DW 2010, 'Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?', Ethics in Science and Environmental Politics, vol. 10, no. 1-4, pp. 1-4.
Leary, DK & Walton, DWH 2010, 'Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?', Ethics in Science and Environmental Politics, vol. 10, no. 1, pp. 1-4.
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The value of chemical compounds and their genetic sources in species from the polar regions is becoming widely recognised as a resource not yet fully exploited. Bioprospecting is a growing activity in the Arctic, where the states concerned are signatories to the Convention on Biological Diversity, providing a national framework for ownership, management and control of the activities. In the Antarctic, no such framework exists, and with increasing interest in both microbes and marine species there are concerns that uncontrolled exploitation will damage biodiversity, inhibit scientific research and data exchange, and (through disputes) undermine the authority of the Antarctic Treaty. Papers in this Theme Section highlight the ethical problems of commercialisation of science in the Antarctic for both governments and individuals, and discuss the concept of exclusive reward in a global common, leading finally to a suggestion that a new legal instrument is needed to manage Antarctic bioprospecting for the future. © Inter-Research 2010.
Lee, K 2010, 'The Reforms to Part XIB of the TPA: 21st Century Broadband?', Trade Practices Law Journal, vol. 18, no. 1, pp. 40-42.
Lenta, P 2010, 'Discipline in disgrace', Mosaic, vol. 43, no. 3, pp. 1-16.
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In Disgrace, J.M. Coetzee provides a critique of the contemporary market-driven university and its disciplinary apparatus that is indebted to Michel Foucault's analysis of disciplinary power. Coetzee stages the disciplining of an academic whose conduct, driven by deviant desires, runs counter to the objectives of the corporate university. ©Mosaic.
Lenta, P 2010, 'Introduction: Law and South African literature', Current Writing, vol. 22, no. 2, pp. 1-18.
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Lenta, P 2010, 'Law, subject de/formation and resistance in bloke Modisane'sblame me on history', Current Writing, vol. 22, no. 2, pp. 101-118.
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Li, G 2010, 'Challenges in the Telecom Sector: A Case Study of 3G Rollout in China', International Journal of Private Law, vol. 3, no. 4, pp. 393-402.
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The year 2008 was a big one for the telecommunications industry of the People's Republic of China (PRC). In May 2008, the PRC State Council conducted a significant reform in the telecom sector, which created a mega- telecommunications regulator and three mega-operators. Shortly after this reform, on 31 December 2008, the PRC government decided in favour of a rollout and issued three 3G licences to all the three mega-operators against the big picture of the global economic downturn and with the government decision to stimulate domestic consumption. This paper studies the PRC telecommunications sector, focusing on the current 3G rollout and its impact on the industry regulator's function and power. It also analyses whether the industry is equipped with proper regulatory measures to embrace the forthcoming 3G era in China. In the course of doing this, the paper brings out various regulatory challenges that the PRC regulator should carefully address. This paper concludes that 3G rollout in the PRC is a good opportunity for the country at the present time if the regulatory regime can keep pace with the industry movement. © 2010 Inderscience Enterprises Ltd.
Lindsay, D 2010, 'Liability of ISPs for end-user copyright infringements', Telecommunications Journal of Australia, vol. 60, no. 2, pp. 29.1-29.21.
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In Roadshow Films Pty Ltd v iiNet [2010] FCA 24, Cowdroy J held that the ISP, iiNet, was not liable for authorising infringements of copyright committed by its subscribers downloading films by means of the BitTorrent peer-to-peer (P2P) system. This article critically analyses the decision of the trial judge, which is now on appeal to the full federal court, pointing out that key aspects of the reasoning are contrary to established law on authorisation liability, as well as to the text of the Copyright Act. As the article explains, while there are good grounds for an appeal, the outcome in the appeal court is far from certain. The article also examines the extent to which an ISP should be held liable for the infringing activities of its subscribers, concluding that this is a complex issue best dealt with by the legislature. If ISPs are to be given greater responsibility for the infringing activities of their subscribers, there may be a need for procedural safeguards to protect against unjust suspensions or terminations of subscriber accounts. In any case, the existing law on the indirect liability of Internet intermediaries, such as ISPs, is manifestly inadequate, and requires reform.
MacDermott, T & Opeskin, B 2010, 'Regulating Pacific Seasonal Labour in Australia', Pacific Affairs, vol. 83, no. 2, pp. 283-305.
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McWilliam, NJ 2010, 'A School Peer Mediation Program as a Context for Exploring Therapeutic Jurisprudence (TJ): Can a Peer Mediation Program Inform the Law?', International Journal of Law and Psychiatry, vol. 33, no. 5-6, pp. 293-305.
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This paper reports an exploratory study of a school peer mediation program implemented as an alternative way to manage bullying and other destructive conflict. The study explores the effects of the program on the well-being of members of the school community by examining perceptions of students, staff and a sample of parents and former students. Drawing on therapeutic jurisprudence (TJ) the study explores whether the component parts of the program, separately or together, promote intended or unintended therapeutic effects. The preliminary findings of the study emphasize the importance of peer mediation training and suggest that existing scholarship in the area of school conflict resolution and peer mediation, when viewed through a TJ lens, may provide valuable insights into how to optimally configure programs for development and adoption in schools and other community settings. The study highlights the lack of attention paid by the legal system to valuable scholarship in the area of school conflict resolution and peer mediation, which may have implications for the understanding and development of legal processes and the law in general.
Opeskin, B 2010, 'Constitutions and Populations: How Well has Constitution Accommodated a Century of Demographic Change?', Public Law Review, vol. 21, pp. 109-140.
Ramia, G & Carney, T 2010, 'The Rudd Government's Employment Services Agenda: Is it Post‐NPM and Why is that Important?', Australian Journal of Public Administration, vol. 69, no. 3, pp. 263-273.
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Perhaps the most potent symbol of the Howard government's faith in New Public Management (NPM) was the Job Network. Interrogating the Rudd government's replacement package, this article assesses whether the recent restructuring of employment services constitutes a post‐NPM environment. It is argued that there are major post‐NPM elements, seen most clearly in: the softening of jobseeker sanctions; greater deliberation on policy direction and results; a more inclusive employment super‐ministry and reliance on other ‘horizontal’ governance reforms; and enhanced government resources for multiple‐disadvantage clients. However, categorising these changes as post‐NPM is problematic because the steering mechanism remains the market‐based contract, a central NPM characteristic. Theoretical difficulties in applying paradigmatic concepts to services provide additional barriers to conclusive assessments, though the Rudd government's employment services regime provides a basis for taking stock in the post‐NPM debate.
Ries, NM 2010, 'Ethics, Health Research, and Canada’s Aging Population', Canadian Journal on Aging / La Revue canadienne du vieillissement, vol. 29, no. 4, pp. 577-580.
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Ries, NM 2010, 'Ethics, health research, and Canada's aging population.', Can J Aging, vol. 29, no. 4, pp. 577-585.
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Ries, NM 2010, 'L’éthique, la recherche en santé du Canada et le vieillissement de la population', Canadian Journal on Aging / La Revue canadienne du vieillissement, vol. 29, no. 4, pp. 581-585.
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Ries, NM & von Tigerstrom, B 2010, 'Roadblocks to laws for healthy eating and activity', Canadian Medical Association Journal, vol. 182, no. 7, pp. 687-692.
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Ries, NM, Hyde-Lay, R & Caulfield, T 2010, 'Willingness to Pay for Genetic Testing: A Study of Attitudes in a Canadian Population', Public Health Genomics, vol. 13, no. 5, pp. 292-300.
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<i>Background:</i> This article reports results of a 2008 telephone survey of approximately 1,200 residents of the Province of Alberta, Canada. The majority of respondents reside in urban centers, have some post-secondary education, and report annual family income near or above the Canadian average. The goal was to explore attitudes and interest regarding different types of genetic tests. <i>Methods: </i>Respondents were asked about their willingness to pay for tests to gain information about genetic factors related to manageable conditions, serious, unpreventable disease, healthy food choices, psychiatric conditions, going bald (asked of men only), and gaining weight. The price categories were CAD 0, CAD 1–499, CAD 500–1,999 and CAD 2,000+. Respondents were also asked about factors that would motivate interest in genetic testing, such as availability of treatment, curiosity, and reproductive decision-making. They were also asked if the public health insurance system should pay for certain types of tests. <i>Results:</i> Across all test categories, few respondents expressed willingness to pay more than CAD 500 out of their own pocket. 62% stated that the public health insurance system should pay for genetic tests for manageable conditions and opinion was divided about whether the government should fund tests for serious, unpreventable conditions and tests to inform healthy eating choices. <i>Conclusion: </i>The principal motivator for interest in genetic testing was to learn clinically relevant details to inform health-related decisions. Curiosity about genetic risk had only a modest impact on consumer interest. In general, younger respondents (18–35 years) expressed somewhat greater willingness to pay than older respondents, especially those 65 and older.
Ries, NM, LeGrandeur, J & Caulfield, T 2010, 'Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries', BMC Medical Ethics, vol. 11, no. 1.
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Abstract Background Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma) or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS) issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Methods Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. Results The studies vary in breadth of initial consent, but none adopt a blanket consent fo...
Riley, J 2010, 'Australian labour law responses to the global financial crisis', Lavoro E Diritto, vol. 24, no. 1, pp. 151-164.
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Riley, J 2010, 'Australie: L'egalite des sexes, enfin?', Revue de droit compare du ravail et de la securite social, vol. [2010], pp. 234-237.
Riley, J 2010, 'La riposte del diritto del lavoro australiano all crisi finanziaria globale (trans: Australian Labour Law Responses to the Global Financial Crisis)', Lavoro e Diritto, vol. 24, no. 1, pp. 151-164.
Riley, J 2010, 'The Tolpuddle Martyrs: Injustice Within the Law By Herbert Vere Evatt (with a new introduction by Geoffrey Robertson)', Australian Journal of Human Rights, vol. 16, no. 1, pp. 223-225.
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Russo, CJ, Squelch, J & Varnham, S 2010, 'Teachers and Social Networking Sites: Think before you post', Public Space: The Journal of Law and Social Justice, vol. 5, no. 1, pp. 1-15.
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Social networking sites are highly popular and have profoundly changed the way people, including educators, communicate and interact. For many teachers the use of Facebook and MySpace is seen as a valuable educational tool and an integral part of their private social interaction. However, the exponential growth in the use of social networking sites by students and teachers alike has presented new legal, ethical and professional challenges for teachers and school administrators. Teachers might argue that their social networking sites are personal websites but they are ultimately very public spaces that leave an electronic trail that can have serious, albeit unintended, consequences for teachers who breach professional codes of conduct and education laws. Teachers face the risk of censured speech, professional misconduct and possible dismissal for posting inappropriate information including comments and pictures on these websites. The purpose of this article is to examine the legal and professional risks for teachers using social networking sites and it offers suggestions that school administrators might incorporate in their policies with regard to teachers use of social networking sites. The first part of the article reviews relevant US cases and the second part focuses on the following legal issues free speech, privacy and security of information, professional conduct, and the implications for teachers and school administrators in the US, Australia and New Zealand. Included in the second part are some practical recommendations for teachers and their lawyers as they develop policies addressing the use of social networking websites in the educational workplace.
Ryan, CJ & Callaghan, S 2010, 'Legal and ethical aspects of refusing medical treatment after a suicide attempt: the Wooltorton case in the Australian context', Medical Journal of Australia, vol. 193, no. 4, pp. 239-242.
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Ryan, CJ, Callaghan, S & Large, M 2010, 'Long Time, No See', Alternative Law Journal, vol. 35, no. 3, pp. 147-148.
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Simmons, F & Burn, J 2010, 'Evaluating Australia's response to all forms of trafficking: Towards rights-centered reform', AUSTRALIAN LAW JOURNAL, vol. 84, no. 10, pp. 708-724.
Simmons, FH & Burn, JM 2010, 'Evaluating Australia's Response to all forms of Trafficking: Towards Rights-centered Reform', The Australian Law Journal, vol. 84, no. 10, pp. 712-730.
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The 2009 US Trafficking in Persons Report predicted that the global financial crisis would increase the supply and demand for all forms of human trafficking, including trafficking for labour exploitation. 2 While Australia's initial response to trafficking focused on trafficking for sexual exploitation, there is now a growing focus on trafficking for labour exploitation outside the sex industry. 3 A decade after the United Nations Convention against Transnational Organized Crime: Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) 4 was adopted by the United Nations, is an opportune moment to assess how well Australian laws address the complex phenomena of human trafficking. The question this article focuses upon is do anti-trafficking laws fully reflect Australia's international obligations to prohibit all forms of trafficking and can Australia improve the ability of trafficked people to access remedies within and beyond the criminal justice system? This article assesses the trafficking and slavery offences in the Criminal Code Act 1995 (Cth) (Criminal Code) against Australia's international obligations. After observing that the Criminal Code does not contain specific offences of forced labour or forced marriage, the authors propose a review of Australia's anti-trafficking laws. The review should consider how to improve the protection of therights of trafficked people, including the opportunity to seek compensation. The authors conclude by observing that trafficking for labour exploitation exists at the extreme end of a continuum of exploitation
Stewart, P & Evers, M 2010, 'The Requirement that Lawyers Certify Reasonable Prospects of Success: Must 21st Century Lawyers Boldly Go Where No Lawyer Has Gone Before?', Legal Ethics, vol. 13, no. 1, pp. 1-38.
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There is a growing trend in Australia to require lawyers to certify reasonable prospects of success for the cases they bring and defend. New South Wales has led the way with the Legal Profession Act 2004 (NSW) Pt 3.2 Division 10 requiring legal practitioners to certify reasonable prospects of success in all claims for damages. The requirement places a significant onus on lawyers to make a judgment about the merits of a case before it is begun, yet the common law has long provided mechanisms to ensure that cases without prospects of success do not go to trial. This article considers Australian legislative provisions requiring lawyers to certify reasonable prospects of success of cases. It examines the application of the NSW legislation by the courts highlighting the difficulties of interpretation of what constitute 'reasonable prospects of success' and the application of the legislation in the context of the dynamic litigation process. It is argued that these legislated obligations on lawyers will have a detrimental effect on access to justice by denying parties, in particular plaintiffs, the opportunity to have their cases properly and fully determined in the courts. This article examines common law mechanisms for dissuading cases without prospects and argues that the general law is an effective system for ensuring that cases without prospects of success are not maintained. The Australian experience is instructive for consideration of optimal reform packages for the administration of justice and to evaluate the role of any litigation lawyer within the judicial and court process.
Stuhmcke, A 2010, '‘Each for Themselves’ or ‘One for all’? the Changing Emphasis of the Commonwealth Ombudsman', Federal Law Review, vol. 38, no. 1, pp. 143-167.
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The three clear functions that the Commonwealth Ombudsman has currently reflecting a change in emphasis towards what may be broadly termed the quality control of government administration are discussed. The need is for observers of Ombudsman, administrative law and policy makers to ensure that the Ombudsman institution to evolve and diversify its functions without compromising its principles or aims.
Stuhmcke, A 2010, 'The role of Australian ombudsmen in the protection and promotion of human rights', Australian Journal of Human Rights, vol. 16, no. 1, pp. 37-62.
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© 2010, © 2010 Taylor and Francis Group, LLC. On 1 January 2007, the Victorian Ombudsman was granted the power to inquire into whether an administrative action of a public authority is incompatible with a human right. This express human rights mandate transforms the Victorian Ombudsman from a classical ombudsman into a human rights ombudsman. It is the first time that any Australian government has given a classical ombudsman a legislative mandate to perform an oversight role with respect to human rights protection. That noted, there is synergy between the role and function of existing state, territory and federal Australian classical ombudsmen and the protection of human rights. This article explains how Australian ombudsmen currently address human rights violations. The article argues that the Victorian model represents a significant step forward in recognising the explicit role that ombudsmen may play in the protection and advancement of human rights in Australia. It proposes the Victorian model as an example of how increased human rights protection may be provided by ombudsmen in all Australian jurisdictions without compromising the essential nature of Australian classical ombudsmen, which is to focus upon individual complaint handling to redress government maladministration. The article first examines the human rights mandate of the Victorian Ombudsman; then compares and contrasts that mandate with the existing role and function of Australian classical ombudsmen; and, finally, assesses the advantages and limitations of the classical ombudsman's role in relation to the protection of human rights.
Sutherland, C & Riley, J 2010, 'Industrial Legislation in 2009', Journal of Industrial Relations, vol. 52, no. 3, pp. 275-287.
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In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government’s commitment to replace Work Choices with laws for ‘Fair Work’. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia’s workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.
Thornton, M & Luker, T 2010, 'Age Discrimination in Turbulent Times', Griffith Law Review: Law Theory Society, vol. 19, no. 2, pp. 141-171.
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Concerns about the ramifications of a rapidly ageing population have generally focused on the post-retirement period, with limited scholarly attention to the experience of ageism in the workplace. Despite a shift in policy against early retirement, Ê»older workersʼ â who may be as young as 40 â are disproportionately experiencing age discrimination, often resulting in joblessness. We argue that in a postmodern environment, where the culture of Ê»youthismʼ predominates, the workplace is undergoing significant changes. In the new knowledge economy, characterised by technological knowhow, flexibility and choice, traditional values such as maturity, experience and loyalty have become passé. Drawing on Australian complaints and reported decisions of age discrimination in the workplace in the context of the international literature, we demonstrate the variety of forms ageism is taking. We argue that age discrimination legislation reflects an outdated modernist paradigm that fails to address the experience of older workers. In addition, as part of the culture of youthism, work is now being gauged by its capacity to create an aesthetic of pleasure.
Thornton, M & Luker, T 2010, 'The New Racism in Employment Discrimination: Tales from the Global Economy', Sydney Law Review, vol. 32, no. 1, pp. 1-27.
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Neoliberal employment strategies, immigration policies, economic globalisation and the events of 9/11 have created new environments for racism in Australia. In this article, the ramifications of the shifting political environment on race discrimination against ethnicised Others in employment since 1990 are examined, with particular regard to the post-9/11 period. Drawing on complaints made to anti-discrimination agencies and decisions of courts and tribunals, it is argued that there has been a contraction in the ambit of operation of the legislation through the application of exemptions and a heightened burden of proof for complainants which has had a chilling effect on the jurisdiction. Drawing on David Goldberg's thesis of the racial state, it is posited that in the contemporary political environment, the state is active in producing and sustaining racism.
Thorpe, DE 2010, 'Compliance, Third Party Payments and the Threat to the NRL Salary Cap', Australian and New Zealand Sports Law Journal, vol. 5, no. 1, pp. 81-98.
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This paper questions whether the NRL salary cap is sustainable in respect to a protectable interest under the common law restraint of trade doctrine given long term breaches of the salary cap and the use of third party sponsors by some clubs.
Tian, Y 2010, 'The Impacts of the Chinese Anti-Monopoly Law on IP Commercialization in China & General Strategies for Technology-Driven Companies and Future Regulators', Duke Law and Technology Review, vol. 004, pp. 1-23.
van Rijswijk, H 2010, 'Mabel Hannah's Justice: A Contextual Re-Reading of Donoghue v. Stevenson', Public Space: The Journal of Law and Social Justice, vol. 5, no. 1, pp. 1-26.
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In Donoghue v Stevenson,1 the House of Lords established negligence as an independent tort and reformulated the responsibility owed by one person to another in civil society. The accident of Mabel Hannah finding a snail in her ginger beer became the occasion for the law to disrupt the (then) normal practices of manufacture specifically, and socioeconomic conditions more generally, by introducing attentiveness to vulnerability as a civil ethic. This essay looks back at the case and reads it in its cultural and material contextswith the intention of illuminating Lord Atkins neighbour principle within its specific historical framework, and to look again at the justice Mabel Hannah received through the decision. This reading will examine the gap between law and social justice, and re-contextualise the potential of tort law to operate as a kind of civil ethics or system of moral value. In this reading I consider the inflections of the neighbour figure, reading the cases Biblical `Golden Rule alongside the anti-ethics of Nietzsche and Freud. I also consider the ongoing paradox of the neighbour as a figure for the recognition of suffering.
Vijeyarasa, R 2010, 'Exploitation or expectations? Moving beyond consent in prostitution, trafficking and migration discourse', Women’s Policy Journal of Harvard, vol. 7, pp. 11-22.
Vijeyarasa, R 2010, 'Review of Routledge Handbook of Sexuality, Health and Rights', World Medical & Health Policy, vol. 2, no. 4, pp. 121-123.
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Vijeyarasa, R 2010, 'Scrutinizing Vietnam's Progress Towards Gender Equality', Development, vol. 53, no. 1, pp. 91-97.
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Ramona Vijeyarasa explores the issue of gender equality in Vietnam and argues that the picture is far more complex than one of rapid advancement towards attainment of Millennium Development Goal (MDG) 3. She shows that when data is disaggregated and progress is measured against other international standards - including those set out in the Convention on the Elimination of Discrimination against Women and global commitments made at the United Nations (UN) Conference on population and development in Cairo and women in Beijing - greater investment, both financial and human resources, and increased political will, are needed well beyond 2015. Vijeyarasa examines Vietnams achievements and shortfalls as measured against the MDGs with an eye to the potential for institutional reform of gender machinery at the national and international levels in order to create stronger accountability for the rights of Vietnamese women and progress towards womens empowerment.
Vijeyarasa, R 2010, 'The Impossible Victim', Alternative Law Journal, vol. 35, no. 4, pp. 217-222.
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Vijeyarasa, R 2010, 'The State, the family and language of ‘social evils’: re-stigmatising victims of trafficking in Vietnam', Culture, Health & Sexuality, vol. 12, no. sup1, pp. S89-S102.
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Vijeyarasa, R & Stein, RA 2010, 'HIV and Human Trafficking–Related Stigma', JAMA, vol. 304, no. 3, pp. 344-344.
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Wangmann, JM 2010, ''Gender and Intimate Partner Violence: A Case Study from NSW', The University of New South Wales Law Journal, vol. 33, no. 3, pp. 945-969.
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The issue of gender and its importance in understanding intimate partner violence (IPV) through an examination of the differences in men's and women's complaints for civil protection orders in New South Wales (NSW) are discussed. The key findings from the study are highlighted.
Weir, M, Morin, K, Ries, N & Castle, D 2010, 'Canadian health care professionals' knowledge, attitudes and perceptions of nutritional genomics', British Journal of Nutrition, vol. 104, no. 8, pp. 1112-1119.
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Nutritional genomics has reached the public through applications of the Human Genome Project offered direct to consumers (DTC). The ability to pursue nutrigenetic testing without the involvement of a health care professional has received considerable attention from academic and policy commentators. To better understand the knowledge and attitudes of Canadian health care professionals regarding nutritional genomics and nutrigenetic testing, qualitative research in the form of focus group discussions was undertaken. Four key themes emerged: (1) concerns over DTC testing; (2) lack of health care professional competency; (3) genetic scepticism and inevitability; (4) expectation of regulation. Together, they indicate that health care professionals have little knowledge about nutritional genomics and hold contradictory attitudes towards genomics in general, and to nutritional genomics in particular. Respondents argue in favour of a delivery model where health care professionals act as intermediaries. They are also aware of their lack of competency to provide such services. To ensure greater public protection, respondents cite the importance of more stringent regulatory oversight of DTC genetic testing. Whether such an approach is necessary to address the various ethical and social issues raised by nutrigenetic testing remains an open debate.
