Publications

Alexander, I 2010, Copyright Law and the Public Interest in the Nineteenth Century, 1, Hart Publishing Ltd, Oxford.

Kirkby, D, Luckins, T & McConville, C 2010, The Australian Pub, UNSW Press.
View description>>

This beautiful book not only celebrates pubs, but proves that they are--and always have been--more than just a place to drink.

Leary, DK 2010, Law, Technology and Science for Oceans in Globalisation, 1, Brill | Nijhoff, The Netherlands.
View/Download from: Publisher's site
View description>>

Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

McKeough, J, Griffith, PB & Stewart, A 2010, Intellectual Property in Australia, 4th, Butterworths, Australia.

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site
View description>>

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

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

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.

McGinnity, F, Nelson, J, Lunn, P & Quinn, E 2010, 'Are Eamon and Eithne more employable than Hardeep and Heike? Evidence from a field experiment in Ireland' in McGinnity, F & Russell, H (eds), Making Equality Count: Irish and International Research Measuring Equality and Discrimination, The Liffey Press, Dublin, Ireland, pp. 64-83.

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.
View/Download from: Publisher's site
View description>>

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

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.
View description>>

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.
View/Download from: Publisher's site

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.
View description>>

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.
View/Download from: Publisher's site

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.
View description>>

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.
View/Download from: Publisher's site
View description>>

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, R 2010, 'The Problem of Subjectivity and the Critique of Human Rights After Foucault', Griffith Law Review, vol. 19, no. 2, pp. 288-306.
View/Download from: Publisher's site
View description>>

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site
View description>>

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.
View description>>

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.
View/Download from: Publisher's site
View description>>

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.
View description>>

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, 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.
View/Download from: Publisher's site
View description>>

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, DK, Zhang, L, 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. 245-267.

Fox, M & Thomson, M 2010, 'HIV/AIDS and circumcision: lost in translation', Journal of Medical Ethics, vol. 36, no. 12, pp. 798-801.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

Hawes, C 2010, 'China's Legal System: New Developments, New Challenges. Donald C. Clarke', The China Journal, vol. 63, pp. 192-195.
View/Download from: Publisher's site

Hawes, C 2010, 'The Power of the Internet in China: Citizen Activism Online. Guobin Yang', The China Journal, vol. 64, pp. 245-247.
View/Download from: Publisher's site

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.
View description>>

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.

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.
View/Download from: Publisher's site
View description>>

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.
View description>>

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, '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.
View description>>

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.
View/Download from: Publisher's site
View description>>

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.
View description>>

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: Text and Reception in Southern Africa, vol. 22, pp. 1-18.

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.
View/Download from: Publisher's site

Lindsay, D 2010, 'Liability of ISPs for end-user copyright infringements', Telecommunications Journal of Australia, vol. 60, no. 2, pp. 29.1-29.21.
View/Download from: Publisher's site
View description>>

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.
View/Download from: Publisher's site

McCandless, J & Sheldon, S 2010, '“No Father Required”? The Welfare Assessment in the Human Fertilisation and Embryology Act 2008', Feminist Legal Studies, vol. 18, no. 3, pp. 201-225.
View/Download from: Publisher's site

McCandless, J & Sheldon, S 2010, 'The Human Fertilisation and Embryology Act (2008) and the Tenacity of the Sexual Family Form¹', The Modern Law Review, vol. 73, no. 2, pp. 175-207.
View/Download from: Publisher's site
View description>>

The new parenthood provisions set out in Part 2 of the Human Fertilisation and Embryology Act 2008 have been attacked as dangerous and radical, offering a ‘lego‐kit model of family life’ and a ‘magical mystery tour’ in how legal fatherhood is to be determined. In this paper, we explain what is innovative about these new provisions but also explore what they owe to deep‐rooted traditional assumptions about the family. Relying both on published documentation relating to this reform process and a small number of key actor interviews, we trace the imprint of what Fineman has described as the ‘sexual family’ model on the provisions. We conclude that the way that parenthood is framed within the legislation relies on a number of important normative assumptions which received very little scrutiny in this process. We also highlight a number of tensions within this framing which, we suggest, may create future problems for judicial determination.

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.
View/Download from: Publisher's site
View description>>

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.

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.
View/Download from: Publisher's site
View description>>

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.
View/Download from: Publisher's site

Riley, J 2010, 'Australian labour law responses to the global financial crisis', Lavoro e Diritto, vol. 24, no. 1, pp. 151-164.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

Riley, S & Li, G 2010, 'Bridging the Language Divide: An Innovative Teaching Project to Help International Students from China in Learning Business Law Subjects', International Journal of Law and Education, vol. 15, no. 1, pp. 109-124.
View description>>

NA

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.
View/Download from: Publisher's site

Ryan, CJ, Callaghan, S & Large, M 2010, 'Long Time, No See', Alternative Law Journal, vol. 35, no. 3, pp. 147-148.
View/Download from: Publisher's site

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.
View description>>

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

Sozou, PD, Sheldon, S & Hartshorne, GM 2010, 'Consent agreements for cryopreserved embryos: the case for choice', Journal of Medical Ethics, vol. 36, no. 4, pp. 230-233.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site
View description>>

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, '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.
View/Download from: Publisher's site
View description>>

© 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.
View/Download from: Publisher's site
View description>>

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.
View description>>

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.
View description>>

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.
View description>>

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, HM 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.
View description>>

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.
View/Download from: Publisher's site

Vijeyarasa, R 2010, 'Scrutinizing Vietnam's Progress Towards Gender Equality', Development, vol. 53, no. 1, pp. 91-97.
View/Download from: Publisher's site
View description>>

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.
View/Download from: Publisher's site

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.
View/Download from: Publisher's site

Vijeyarasa, R & Stein, RA 2010, 'HIV and Human Trafficking–Related Stigma', JAMA, vol. 304, no. 3, pp. 344-344.
View/Download from: Publisher's site

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.
View description>>

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.

Anthony, T 1970, 'Crime issues since the Northern Territory intervention: The drive to convict', Australian and New Zealand Society of Criminology, Australia and New Zealand Society of Criminology, Australian and New Zealand Society of Criminology Program, Alice Springs.
View description>>

Since the Northern Territory Intervention in 2007, there has been a spike in criminalisation, especially in remote Indigenous communities. The result has been a rise in Northern Territory incarceration to over four times the national average. This paper argues that an unanticipated significant feature of the rise in Northern Territory Indigenous criminalisation is the increased conviction of driving offences, particularly âdrive unregistered / unlicensed / uninsuredâ. This âdriving trifectaâ captures the Indigenous offender in one police process. This paper is based on a research project with Harry Blagg, which is funded by the Criminology Research Council. It suggests that the legality of Indigenous drivers and road safety would be better addressed through more effective means of regulating drivers and vehicles than law enforcement.

Anthony, T 1970, 'The Drive to Criminalise: Consequences of the Northern Territory Intervention', Australian and New Zealand Critical Criminology Abstracts, The Australian and New Zealand Critical Criminology Conference, Sydney Law School, Faculty of Law, University of Sydney.

Anthony, T & van Rijswijk, HM 1970, 'Historical and Ahistorical Narratives: drawing boundaries of 'consent' in Stolen Generations Cases', Owning the Past: Whose past? Whose present?, 29th Annual Australian and New Zealand Law and History Conference, Melbourne University.

de Zwart, M, Henderson, M, Phillips, M & Lindsay, D 1970, '‘I like, stalk them on Facebook’: Teachers' ‘privacy’ and the risks of social networking sites', 2010 IEEE International Symposium on Technology and Society, 2010 IEEE International Symposium on Technology and Society (ISTAS), IEEE, Univ Wollongong, Wollongong, AUSTRALIA, pp. 319-326.
View/Download from: Publisher's site

Graycar, R & Wangmann, JM 1970, ''A feminist adjudication process: Is there such a thing?Lessons from a Canadian redress program', AIJA Conference,Non -Adversarial Justice:Implications for the legal System and Society Conference, Melbourne.

Hitchens, LP 1970, 'Perspectives on Self-Regulation from Different Communications Sectors', Comparative Perspectives on Media Regulation and Society, Delhi, India.

Leary, DK 1970, 'Ocean Energy Opportunities and Challenges in the Pacific Islands Region within the Context of Climate Change', Proceedings of International Seminar on Islands and Oceans 2010, International Seminar on Islands and Oceans 2010, Ocean Policy Research Foundation, Tokyo, pp. 34-47.

Stuhmcke, AG 1970, 'Ombudsman Research', Australasian and Pacific Ombudsman Region Annual Conference, Canberra.

Tian, Y 1970, 'Financial Downturn vs Innovation Capability: The Role of Intellectual Property and Competition Laws in the Australian National Innovation Policies', The IPRIA Pacific Rim Innovation Conference 2010, University of Melbourne Law School.

Tian, Y 1970, 'Recent Development of the Chinese Anti-Monopoly Law', Australia China Business Council Lunch Research Seminar Program, Australia China Business Council, Hunt & Hunt, Sydney.

Tian, Y 1970, 'The Impacts of the Bilateral/Regional FreeTrade Agreements on the Recent Development of IP and Digital Legislation', 31st International Trade Law Symposium, Old Parliament House, Canberra.

van Rijswijk, HM 1970, 'Multiple Narratives of History, Suffering and Responsibility in the Trevorrow Cases', Critical Legal Conference, Critical Legal Conference Utrecht 2010, Critical Legal Assocation, Utrecht, the Netherlands.

Vijeyarasa, R 1970, 'Vietnam's MDG report card: An assessment of progress on reproductive heath', Asian Conference on Social Sciences: East Meets West in Pursuit of a Sustainable World, Osaka, Japan.

Wangmann, JM 1970, ''She said...' 'He said...' : Cross Applications in Domestic Violence Protection Order Proceedings', Domestic Violence Court Assistance Network (DVCAN) Conference, Brisbane.

Hitchens, LP Australian Communications and Media Authority 2010, International Regulation of Advertising, Sponsorship and Commercial Disclosure for Commercial Radio Broadcasting, pp. 1-128, Australia.
View description>>

Australian Communications and Media Authority

Nelson, J, Dunn, K, Paradies, Y, Pedersen, A, Sharpe, S, Hynes, M & Guerin, B Victorian Health Promotion Foundation (VicHealth) 2010, Review of Bystander Approaches in Support of Preventing Race-Based Discrimination, Carlton, Victoria.

SaratChandran, P, O'Connell, K & Rosenman, E Australian Human Rights Commisson 2010, Age Discrimination - exposing the hidden barrier for mature age workers, pp. 1-19, Sydney.

Simmons, F & Burn, JM 2010, Strengthening Australia's Response to Human Trafficking: Report to the Australian Women's Coalition, pp. 1-52.

Anthony, T 2010, 'Rights and Redemption: History, Law and Indigenous People. By Ann Curthoys, Ann Genovese and Alexander Reilly, UNSW Press, Sydney, 2008, 304pp, ISBN 978 0 868408 07 1', Adelaide Law Review Association, pp. 95-98.

Biber, K 2010, 'Book Review: 'Neurotic, Perverse and Psychotic: 'Lacan at the Scene', by Henry Bond'', Photo Works North, pp. 64-66.

Hawes, C 2010, 'Review of Donald C. Clarke, ed., China's Legal System: New Developments, New Challenges', Contemporary China Centre, Australian National University, pp. 192-195.

Hawes, C 2010, 'Review of Guobin Yang, The Power of the Internet in China: Citizen Activism Online', Contemporary China Centre, Australian National University, pp. 245-247.

Leary, DK 2010, 'Legacies and Change in Polar Sciences: Historical, Legal and Political Reflections on the International Polar Year, edited by Jessica M Shadian and Monica Tennberg', Martinus Nijhoff Publishers, pp. 343-346.

Luker, T 2010, 'White Mother to a Dark Race', Queensland University of Technology, pp. 51-53.
View/Download from: Publisher's site
View description>>

Historical accounts of the removal of Aboriginal children from their families and communities in Australia under colonial assimilation policies have proliferated over recent decades. Within the field, white feminist historiography has involved investigations of the function of gender, domestic space and intimate relations in the colonial enterprise. In this, it has often placed the problematic trope of the maternal as 'a central model of historical identity' (Moore 2000, 95). While similar histories exist in other settler-colonial nations, notably the United States and Canada, there has been relatively little comparative research. In White Mother to a Dark Race, Jacobs provides a substantial comparative account of the removal of indigenous children in North America and Australia during the late 19th and early 20th centuries, the period when this was a key government policy in both continents. She focuses on the gendered character of the policies and practices and the role of white women as agents of the state in the removal of children. In particular, Jacobs provides a critique of the discourse of maternalism in its various manifestations. In this task, she takes up a point raised in white feminist analysis that a 'disconcerting maternalism persists both in the context of academic theory and the practical politics of forging international alliances' (Jolly 1993, 104).

Vijeyarasa, R 2010, 'Hate Crimes Rise as Homophobia Spreads Across Africa', Rewire News.

Vijeyarasa, R 2010, 'There is No Choice Without Knowledge', Rewire News.