Publications

Alexander, IJ 2010, Copyright Law and the Public Interest in the Nineteenth Century, 1, Hart Publishing Ltd, Oxford.
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Goodwin-Gill, GS & Lambert, H 2010, The limits of transnational law: Refugee law, policy harmonization and judicial dialogue in the European Union.
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© Cambridge University Press 2010. State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

Lambert, H 2010, International Refugee Law, Routledge.
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The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving.

Lambert, H 2010, International Refugee Law, Ashgate Publishing.
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The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving.

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

Sanson, M, Anthony, T & Worswick, D 2010, Connecting With Law, 2nd, Oxford University Press, Melbourne.
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Connecting with Law 2nd edition covers the foundations of law in an interesting and thought provoking way, encouraging critical thinking and contextual understandings of the law. This edition provides a greater focus on jurisprudence, legal history and statutory interpretation.

Stuhmcke, AG 2010, Essential Tort Law, 4th, Zortonomy, Sydney.

Alexander, IJ 2010, 'Inspiration or infringement: the plagiarist in court' in Bently, L, Davis, J & Ginsburg, J (eds), Copyright and Piracy: An Interdisciplinary Critique, Cambridge University Press, New York, United States, pp. 3-16.
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Alexander, IJ 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.
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Alexander, IJ 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: An Interdisciplinary Critique, Cambridge University Press, New York, United States, pp. 300-308.
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Dorsett, SG 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: Transpositions of Empire, Palgrave Macmillan, 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, 'The Act that almost was: The Fijian Qoliqoli Bill 2006' in Godden, L & Tehan, M (eds), Sustainable Futures: Comparative Perspectives on Communal Lands and Individual Ownership, Routledge, London, UK, pp. 290-306.
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Kaidonis, MA, Stoianoff, NP & Andrew, J 2010, 'The Shifting Meaning of Sustainability' in Aras, G & Crowther, D (eds), A Handbook of Corporate Governance and Social Responsibility, Gower Publishing Limited, England, pp. 83-90.
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Sustainability, as a concept, gained momentum as international non-government organizations developed the term. The United Nations' Brundtland Report is credited with first referring to sustainability as having three necessary and coexisting components being, environmental, economic and social sustainability. International accounting professional institutions also responded to this momentum, at first with an in principle adoption of the term. As sustainability reporting accompanied financial reporting, the concepts of business were also imposed on the term. The objective of global equity was surpassed by financial terminology which also prioritized concepts of risks and opportunities to explore market potentials.

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.
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Lambert, H 2010, 'The British Judiciary and the Search for Reciprocal Relations with its Continental Partners' in The Limits of Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union, pp. 125-149.

Lambert, H 2010, 'Transnational Law, Judges, and Refugees in the European Union' in The Limits of Transnational Law Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union, Cambridge University Press, pp. 1-16.
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A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

Lambert, H 2010, 'Transnational Refugee Law in the French Courts' in The Limits of Transnational Law Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union, Cambridge University Press, pp. 35-56.

Leary, DK 2010, 'International Law and the Genetic Resources of the Deep Sea' in Vidas, D (ed), Law, Technology and Science for Oceans in Globalisation. IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf, Martinus Nijhoff Publishers, 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.
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Leary, DK & Pisupati, B 2010, 'Introduction' in Leary, D & Pisupati, B (eds), The Future of International Environmental Law, United Nations University Press, Tokyo, pp. 1-16.
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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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This chapter explores commonalities and differences among families formed through assisted means.

Seuffert, N 2010, 'Reproducing empire in same-sex relationship recognition and immigration law reform' in Queer Theory: Law, Culture, Empire, pp. 173-190.
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Simmonds, AP 2010, 'Barring Disabled Migrants Makes Australia The Loser' in Justin Healey (ed), Disability Rights and Awareness, The Spinney Press, Melbourne, p. 14.

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.
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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, 'Unravelling the cradle of civilization 'layer by layer': Iraq, its peoples and cultural heritage' in Langfield, M, Logan, W & Nic Craith, M (eds), Cultural Diversity, Heritage and Human Rights: Intersections in theory and practice, Routledge, London, pp. 65-82.
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Alexander, IJ 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.
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Alexander, IJ 2010, 'Landmarks in Australian Intellectual Property Law, by Andrew T Kenyon, Megan Richardson and Sam Ricketson', Cambridge Law Journal, vol. 69, no. 1, pp. 211-212.

Anthony, T 2010, 'A New National Indigenous Representative Body ... Again', Indigenous Law Bulletin, vol. 7, no. 18, pp. 5-9.
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Comparison between the functions and governance of the new Aboriginal representative body, the National Congress of Australia's First Peoples and the Aboriginal and Torres Strait Islander Commission (ATSIC) - background - whether a new Indigenous representative body can play a meaningful role within the current Indigenous policy framework - whether the ideology of 'building partnerships' is sufficient to realise 'self-determination'.

Anthony, T 2010, 'Aboriginal Self-determination after ATSIC: reappropriation of the 'original position'', Polemic, vol. 14, no. 1, pp. 4-15.

Anthony, T 2010, 'Governing Crime in the Intervention', Law in Context, vol. 27, no. 2, pp. 90-113.
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This article addresses how the 'technologies, discourses and metaphors of crime' that legitimated interventions in the Northern Territory from mid-2006 had an impact on the policing of minor driving offences. Data from local court1 lists in prescribed communities and the Northern Territory Police, Fire and Emergency Services Annual Police Reports (2004-2009) reveal that there has been an increase in Indigenous criminalisation since the Intervention. The increase is not in the violent offences anticipated by the architects of the Intervention but in minor driving or traffic offences (hereafter referred to as driving offences), particularly driving unlicensed, uninsured and in an unregistered vehicle. These findings on policing under the Intervention resonate with Jonathan Simonâs model of âgoverning through crimeâ and Stanley Cohenâs work on ânet-wideningâ.

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, vol. 31, no. 1, pp. 95-98.

Anthony, T 2010, 'Sentencing Indigenous Offenders', Research Brief: Indigenous Justice Clearinghouse, vol. Brief 7, no. March 2010, pp. 1-8.

Anthony, T 2010, 'Welfare reforms and the Racial Discrimination Act in the NT', Alternative Law Journal, vol. 35, no. 3, pp. 183-183.

Anthony, T & Findlay, M 2010, 'Teaching Indigenous Issues in Criminal Law and Criminal Procedure: Dispossession and Recognition', Sydney Law School Research Paper, no. 10.

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 & INTERNATIONAL HEALTH LAW AND POLICY, vol. 5, no. 2, pp. 301-329.

Bennett, B, Carney, T & Saint, C 2010, 'Swine flu, doctors and pandemics: is there a duty to treat during a pandemic?', Journal of law and medicine, 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, 'Book Review: "Neurotic, Perverse and Psychotic: 'Lacan at the Scene', by Henry Bond"', Source:The Photography Review, vol. 62, pp. 64-66.

Biber, K 2010, 'Fact-finding, Proof and Indigenous Knowledge: Teaching Evidence in Australia', The 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.

Broome, R & Kirkby, D 2010, 'Australian Historical Studies: In this issue', Australian Historical Studies, vol. 41, no. 1, pp. 1-2.
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Broome, R & Kirkby, D 2010, 'In this issue', Australian Historical Studies, vol. 41, no. 3, pp. 249-250.
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Broome, R & Kirkby, D 2010, 'In this issue', Australian Historical Studies, vol. 41, no. 2, pp. 127-128.
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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.

Cantley-Smith, R 2010, 'Climate Change and the Copenhagen Legacy: Where to from here?', Monash University Law Review, vol. 36, no. 1, pp. 278-303.

Carney, T 2010, 'Securing Social Security for Migrant Workers:1Orthodox 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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Crofts, P 2010, 'Brothels: outlaws or citizens?', International Journal of Law in Context, vol. 6, no. 2, pp. 151-166.
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Historically, sex services premises in New South Wales, Australia were regarded and regulated as illegal and disorderly entities; they were policed as outlaws. The Disorderly Houses Amendment Act 1995 [NSW] bestowed legal status, providing an opportunity to regulate sex services premises as legal subjects. Despite these reforms, in many areas brothels continue to be regulated more restrictively than other businesses. I argue that this is because, for many, brothels continue to be perceived as outlaws. They are regarded as inherently unlawful, disorderly, and hence warranting and requiring exclusion from the community. I argue that this conception of brothels as outlaws is constructed and reinforced through regulation. In contrast, some local councils and Land and Environment Court decisions have taken up the opportunity to regard and regulate sex services premises as legal subjects or citizens. The conception of sex services premises as citizen imports an existing legal framework, with associated accountabilities, rights and responsibilities. This shift in conception results in people viewing sex services premises differently, experiencing them differently and regulating them differently.

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.

Dauvergne, C & Millbank, J 2010, 'Forced Marriage as a Harm in Domestic and International Law', Modern Law Review, vol. 73, pp. 57-88.

Dorsett, SG 2010, 'Case Note: R v E Hipu', Victoria University of Wellington Law Review, vol. 41, no. 1, pp. 89-96.

Dorsett, SG 2010, 'Making Up the Issue: The Judge's 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 althe 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 (J 844). 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 0/ a series of written exchanges between parties designed to identify the disputed issues of fact and law, and in which the role afthe 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, SG & Lafferty, GD 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. 53-68.
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This article addresses the potential of the Fair Work Acts 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 Acts 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.

Edmond, G, Kemp, RI, Porter, GR, Hamer, D, Burton, M, Biber, K & Rocque, MS 2010, 'Atkins v The Emperor: the cautious use of unreliable expert opinion', The International Journal of Evidence and Proof, vol. 14, 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, 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.

Gould, KC 2010, 'Scandalising contempt in Australia: Dead? Dying? In much danger? ... (not!)...', Media and Arts Law Review, vol. 15, no. 1, pp. 23-69.
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The noughties have seen a sedes of scandalising the court contempt cases across Australia which, although not prolific in number; may still surprise those who have relegated this head of contempt to the back burner. This paper examines important lessons that may be gleaned from these cases regarding the current and future state of scandalising contempt in Australia. It also reflects on reasons why this offence appears to be doing so well in AUstralia compared with England, Canada and the United States (although not so much, it seems, with New Zealand). It may be that there is less cause for alarm than may appear at first sight. But, then again . .. At the end of the day, the analysis points to the need for more contemporary research and directions in this regard are suggested.

Gould, KC 2010, 'The Proper Focus of Defamation Defences and the Challenge of Inconsistency', Australian Bar Review, vol. 33, no. 3, pp. 258-275.
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Should a defamation defence be directed to the plaintiffs imputation or the words used by the defendant? This is a perplexing question to which inconsistent answers have been given, not only between different defences but also between common law and statutory versions of a defence and even in relation to the same defence. This paper showcases examples of these different levels of inconsistency, with a particular focus on the qualified privilege and fair comment/honest opinion defences in the wake of the High Court decision in Channel Seven Adelaide Pty Ltd v Manock. Inconsistency on matters as important as meaning can only exacerbate the complexity and uncertainty already surrounding defamation litigation. There is also the wider issue of the continuing role and prominence of imputations in the new scheme. Highlighting these issues is timely in view of the upcoming 5 year review of the uniform defamation legislation.

Greenleaf, GW, Mowbray, AS & Chung, PT 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.

Hawes, C 2010, 'China's Legal System: New Developments, New Challenges', CHINA JOURNAL, vol. 63, pp. 192-195.
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Hawes, C 2010, 'Culture, Literature, and the Contradictions of Socialist Capitalism in Chinese Corporate Magazines', Asian Studies Review, vol. 34, no. 1, pp. 41-61.
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Most large Chinese corporations publish e-magazines to which employees are encouraged to contribute on various topics, ranging from management and work issues to creative writing and other creative "cultural" work such as poetry, calligraphy and photography. These e-magazines provide a central venue where employees can learn about what is important to the .firm's management. They are one of the major vehicles through which large Chinese corporations promote their organisational cultures to employees and inculcate their corporate values. Yet at the same time, they give employees the opportunity to showcase their own talents to a wide audience within the corporation. A close reading of contributions to the e-magazines of several corporations reveals a combination of sometimes contradictory values, including Western management ideas, socialist-style collectivism and lyrical poetic escapism. This mixture reflects the complexity of "subcultures" within Chinese corporations in a rapidly transforming society. It also demonstrates that corporate magazines can be both a management tool for improving firm performance and a vehicle for promoting ideals such as the cultural betterment and self-realisation of employees.

Hawes, C 2010, 'Review of Donald C. Clarke, ed., China's Legal System: New Developments, New Challenges', The China Journal, vol. 63, no. January, pp. 192-195.

Hawes, C 2010, 'Review of Guobin Yang, The Power of the Internet in China: Citizen Activism Online', The China Journal, vol. 64, no. July, pp. 245-247.

Hawes, C 2010, 'The Power of the Internet in China: Citizen Activism Online', CHINA JOURNAL, vol. 64, pp. 245-247.
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Hitchens, LP 2010, 'Broadband in Australia: First Steps in Policy and Regulation', Journal of Media Law, vol. 2, no. 2, pp. 213-226.

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.

Holland, G 2010, 'Standing as a barrier to constitutional justice - Can we create a new 'public law paradigm'?', Bond Law Review, vol. 22, no. 3, pp. 78-81.

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, SJ & Rawling, MJ 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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he 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.

Kamvounias, P & Varnham, S 2010, 'Legal Challenges to University Decisions Affecting Students in Australian Courts and Tribunals', Melbourne University Law Review, vol. 34, no. 1, pp. 140-180.
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In an era of increased accountability, decisions that adversely affect university students are more open to internal and judicial scrutiny. This article considers student challenges to university decisions in the context of universities as public bodies. It begins with extrajudiciapl rocesses such as the University Visitor, parliamentary Ombudsmen and internal university Ombudsmen. It then provides a comprehensive analysis of litigation in Australia between students and universities in which students have challenged decisions about admission, course content, assessment, academic progress and both academic and non-academic misconduct. Australian courts and tribunals have accepted jurisdiction in certain circumstances but student-university litigation has generally been unsuccessful for the students either on technical jurisdictional grounds or on the facts. Judicial consideration of university decisions and administrative processes has provided some guidance that may assist in the formulation of improved internal processes, particularly relating to the resolution of complaints and appeals. This article argues that the diverse range of courts and tribunals currently used by students are inappropriatea nd inefficient and considers whether the time is rightf or serious consideration to be given to the establishment of a dedicated dispute resolution body for the Australian higher education sector

Lambert, H & Farrell, T 2010, 'The Changing Character of Armed Conflict and the Implications for Refugee Protection Jurisprudence', International Journal of Refugee Law, vol. 22, no. 2, pp. 237-273.
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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.

Landrigan, M 2010, 'Religion, politics and asylum seekers', The 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.

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', The Yearbook of Polar Law, vol. 2, pp. 343-346.

Leary, DK 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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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, pp. 40-42.

Lenta, P 2010, 'Discipline in" Disgrace"', Mosaic: a Journal for the Interdisciplinary Study of Literature, pp. 1-16.

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’s blame me on history', Current Writing: Text and Reception in Southern Africa, vol. 22, pp. 101-118.

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 Peoples 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 regulators 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.

Luker, T 2010, 'White Mother to a Dark Race: Settler Colonialism, Maternalism, and the Removal of Indigenous Children in the Americal West and Australia, 1880-1940, by Margaret Jacobs', International Journal of Critical Indigenous Studies, vol. 3, no. 1.

MacDermott, T & Opeskin, B 2010, 'Regulating Pacific Seasonal Labour in Australia', PACIFIC AFFAIRS, vol. 83, no. 2, pp. 283-+.
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Millbank, J & Dauvergne, C 2010, 'Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law', Columbia Journal of Gender and Law, vol. 19, no. 4.
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While claims of forced marriage or pressure to marry represent only a tiny portion of refugee claims overall, they provide an illuminating sliver reflecting the major recurring themes in gender and sexuality claims from recent decades. Refusal to marry is a flashpoint for expressing non-conformity with expected gender roles for heterosexual women, lesbians and gay men. This paper presents results from our study of 168 refugee decisions from Australia, Canada, the United Kingdom and the United States where part of the claim for refugee protection concerned actual or threatened forced marriage. In the present discussion, we highlight our findings from the cases from the United States while detailed findings regarding the broader international data set are published elsewhere. We find that the United States is far behind Australia, Canada and the United Kingdom in terms of analyzing gender-related persecution. In addition to not finding a single case with a straightforward holding that forced marriage in and of itself could constitute persecution, we also did not find any engagement with international human rights standards. Of the few cases that were successful on a substantive basis, we found that the underlying facts reflect an extreme exoticization of the women involved.

Opeskin, B 2010, 'Constitutions and Populations: How Well has Constitution Accommodated a Century of Demographic Change?', Public Law Review, vol. 21, pp. 109-140.
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Pobjoy, J & Purcell, K 2010, 'Refugee processing freeze: Unlawful and practically unsound', Alternative Law Journal, vol. 35, no. 2, pp. 60-61.

Purcell, KC 2010, 'Review: David Weissbrodt, The Human Rights of Non-Citizens', German Yearbook of International Law, vol. 53, pp. 1035-1041.

Purcell, KC & Pobjoy, J 2010, 'Refugee Processing Freeze Unlawful and Practically Unsound', Alternative Law Journal, vol. 35, no. 2, pp. 87-88.

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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Ries, NM 2010, 'Canadian Institutes of Health Research-Institute of Aging: Profile Ethics, Health Research, and Canada's Aging Population', CANADIAN JOURNAL ON AGING-REVUE CANADIENNE DU VIEILLISSEMENT, vol. 29, no. 4, pp. 577-580.
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Ries, NM 2010, 'Ethics, health research in Canada and the ageing populating', CANADIAN JOURNAL ON AGING-REVUE CANADIENNE DU VIEILLISSEMENT, vol. 29, no. 4, pp. 581-585.
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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. 577-585.

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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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.
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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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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.
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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.

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, PE & 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, AG 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, AG 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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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

Sutherland, C & Riley, J 2010, 'Industrial Legislation in 2009', Journal of Industrial Relations, vol. 52, no. 3, pp. 275-287.
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Thornton, M & Luker, T 2010, 'Age Discrimination in Turbulent Times', Griffith Law Review, 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', The 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.

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.
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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 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. 115-117.
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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: Judicial treatment of trafficked migrants and their unmet expectations', 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, pp. S89-S102.
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Vijeyarasa, R & Stein, RA 2010, 'HIV and Human Trafficking-Related Stigma Health Interventions for Trafficked Populations', JAMA-JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION, vol. 304, no. 3, pp. 344-345.
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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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Young, AL, Li, G & chu, T 2010, 'The Aftermath of the Lehman Brothers Collapse in Hong Kong: The Saga, Regulatory Deficiencies, and Government Responses', The Company Lawyer, vol. 31, no. 11, pp. 343-354.
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The article examines the fallout of the Lehman Brothers collapse in Hong Kong. As an international financial hub in Asia, Hong Kong was profoundly affected by the collapse of this company. As a result, it impacted negatively on the publics confidence in the Hong Kong banking sector. Furthermore, this event has exposed a number of regulatory deficiencies in Hong Kong. In response to this financial crisis, the Hong Kong Government has made an unprecedented move to negotiate with local banks to refund the investors.

Anthony, T 2010, '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.
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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 2010, '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 2010, '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.

Dorsett, SG 2010, 'De-vesting the Foreshore: Crown Ownership, Maori Rights and the Proposed Foreshore and Seabed Act 2010', Australlian Property Law Teachers Conference, Perth.

Dorsett, SG 2010, 'Making Up the Issue: The Judges Role in Formulating Litigation in the Crown Colony Period', Victoria University of Wellington.

Dorsett, SG 2010, 'The Precedent is India: Sovereignty, Jurisdiction and Hobson's 1840 Draft Legislation for the Modification of Criminal Laws in their Application to Maori', Owning the Past: 29th Annual ANZLHS Conference, Melbourne.

Graycar, R & Wangmann, JM 2010, ''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 2010, 'Perspectives on Self-Regulation from Different Communications Sectors', Comparative Perspectives on Media Regulation and Society, Delhi, India.

Holland, G 2010, 'Prejudicial publicity and jury bias: An analysis of the efficacy of judicial instructions in neutralising the impact of prejudicial publicity', Balancing Rights and Interests in the 21st Century: An Intellectual Property, Media and Communications Law Roundtable, Faculty of Law, UTS.

Holland, G 2010, 'Standing rules and access to consitutional justice', Access to constitutional justice, Bond University.

Leary, DK 2010, '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.

Li, G 2010, 'Regulatory Challenges in Transition:A Case Study of People's Republic of China (PRC)', International Telecommunications Society (ITS) 18th Biennial Conference in Association with the 27th Annual Conference of the Japan Society of Information and Communication Research (JSICR), Tokyo.

Stuhmcke, AG 2010, 'Ombudsman Research', Australasian and Pacific Ombudsman Region Annual Conference, Canberra.

Tian, Y 2010, '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 2010, '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 2010, '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 2010, '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.

Varnham, S 2010, 'How, where and to whom? Student grievance resolution in Australian Universities', 45th Annual Conference of the Association of Law Teachers (ALT), Clare College, University of Cambridge, UK.

Vijeyarasa, R 2010, '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 2010, ''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.
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Australian Communications and Media Authority

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.
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Simmons, F & Burn, JM 2010, Strengthening Australia's Response to Human Trafficking: Report to the Australian Women's Coalition, pp. 1-52.
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Fallah, KL 2010, 'A Dismissal Is Not An Acquittal'.
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