Crock, M & Berg, LA 2011, Immigration, Refugees and Forced Migration: Law, Policy and Practice in Australia, 1, Federation Press, Annandale.
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This book provides a comprehensive analysis of immigration law in Australia and of the political, social and cultural forces that have shaped and are shaping it. It explains the momentous changes that have occurred in law and policy since the first attempts, in December 1989, to `codify decision-making through detailed regulations. It is a study of revolution and counter-revolution: of the impact that the courts and tribunals have had on law and policy through the review of migration decisions; and of the increasingly extreme steps taken by government to assert control over every aspect of its immigration program.
Crofts, P 2011, Criminal Law Elements, Fourth, Lexis Nexis Butterworths, Sydney.
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Criminal law text book.
Drake, N, lay, J, Varnham, S & Thomas, C 2011, Conveyancing Law Handbook, 4th, CCh New Zealand Limited, New Zealand.
Goldblatt, B & McLean, KS 2011, Women's Social and Economic Rights Developments in South Africa, Juta and Company Ltd.
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This book covers women's rights to health, housing, social security, land, food, water and basic services, education and work and also explores these rights through a cross-cutting examination of the girl child's rights and customary law. Chapters focus on the South African context, legislation and jurisprudence but also discuss the role of international human rights law in the area of women's social and economic rights. A framework chapter offers a conceptual approach to 'engendering' social and economic rights rather than simply extending them in a gender neutral way to women
Lambert, H, McAdam, J & Fullerton, M 2011, The global reach of European refugee law.
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© Cambridge University Press 2013. Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
Owens, R, Riley, J & Murray, J 2011, The Law of Work, Oxford University Press Australia.
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Presents a principled approach to the subject matter and offers a reevaluation of the nature, scope and importance of employment and labour law. Owens, University of Adelaide; Riley, University of Sydney; Murray, La Trobe University.
Anthony, T 2011, 'Embedding Specific Graduate Attributes: Cultural Awareness and Indigenous Perspectives' in Kift, S, Sanson, M, Cowley, J & Watson, P (eds), Excellence and Innovation in Legal Education, Lexis Nexis, Sydney, pp. 137-169.
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In this book teaching professionalism is characterised by the scholarly underpinning of each contribution; and every contribution provides a rich resource for enhancing teaching practice. The critical concerns for legal education have been identified and discussed: curriculum design that includes graduate attributes; embedding specific attributes across the curriculum; empowering students to learn; academic teamwork to manage large student cohorts; first year and final year transition strategies; tracking students' personal development through the use of ePortfolio; assessment strategies; improving student well-being and promoting resilience; teaching practice to achieve deep learning; flexibility in delivery; the use of Web 2.0 technology; and understanding the 21st century student.
Berg, LA & Millbank, J 2011, 'Constructing the Personal Narratives of Lesbian, Gay and Bisexual Asylum Claimants' in Robson, R (ed), Sexuality and Law - Volume III: Sexual Freedom, Ashgate, Farnham, Surrey, pp. 321-349.
Booth, T 2011, 'Researching Sensitive Topics, Emotion Work and the Qualitative Researcher: Interviewing bereaved Victims of Crime' in Bartels, L & Richards, K (eds), Qualiative Criminology: Stories from the Field, Hawkins Press, Sydney, pp. 83-94.
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This chapter contributes to an emerging literature on the researcher's emotion work in qualitiatve criminological research through an analysis and evaluation of the writer's fieldwork experiences interviewing bereaved victims of crime. The findings reveal that emotions and emotion work were integral to the study: the 'sensitive' nature of the research area, the collection and analysis of the data and the epistemological significance of researcher's experiences.
Cantley-Smith, R 2011, 'Moving Towards a Sustainable, Low Carbon-Intensive Energy Future. Key Challenges and Responses' in Wylie, L & Winaud, P (eds), Energy and Environmental Challenge: Lessons from the European Union and Australia, Peter Lang Publishers, Brussels.
Cantley-Smith, R & Morrow, K 2011, 'Sustainable Regulation: Moving Towards Environmentally Sound Energy Markets' in Wylie, L & Winand, P (eds), Energy and Environmental Challenge: Lessons from the European Union and Australia, Peter Lang, Brussels.
Crofts, P & Prior, JH 2011, 'Oscillations in the regulation of the sex industry in New South Wales, Australia: Disorderly or pragmatic?' in Dalla, RL, Baker, LM, DeFrain, J & Williamson, C (eds), Global Perspectives on Prostitution and Sex Trafficking, Lexington Books, Plymouth, United Kingdom, pp. 257-275.
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This book is part of a two-volume set that examines prostitution and sex trafficking on a global scale, with each chapter devoted to a particular country in one of seven geo-cultural areas of the world. The 18 chapters in this volume (Volume I) are devoted to examination of the commercial sex industry (CSI) in countries within Africa, Asia, Middle East, and Oceania, while the 16 chapters that comprise Volume II focus exclusively on Europe, Latin America, and North America. Volume II also includes a "global" section, which includes chapters that are globally relevant -- rather than those devoted to a particular country or geographic location. The contributors are comprised of international scholars representing a variety of fields and disciplines, with distinct and varied frames of reference and theoretical underpinnings with regard to the commercial sex industry.
Dorsett, SG 2011, 'De-Vesting the Foreshore: Crown Ownership, Maori Rights and the Marine and Coastal Area (Takutai Moana) Act 2011' in Carruthers, P, Mascher, S & Skead, N (eds), Property and Sustainability Selected Essays, Thomson Reuters (Prous Science), Sydney, pp. 55-68.
Goldblatt, BA 2011, 'The Right to Social Security: Addressing Women's Poverty and Disadvantage' in Golblatt, B & McLean, K (eds), Women's Social and Economic Rights: Developments in South Africa, Juta & Co, Cape Town, South Africa, pp. 34-57.
Gumley, W & Stoianoff, NP 2011, 'Behavior modifying taxes, emissions trading and tax expenditure reform: market-based responses to climate change in Australia' in Cullen, R, VanderWolk, J & Xu, Y (eds), Green Taxation in East Asia, Edward Elgar Publishing, UK, pp. 209-248.
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This chapter will consider recent regulatory responses to climate change in Australia with a view to providing guidance for policy makers in the East Asia region. In particular, it will review the reasoning behind the choice of emissions trading ahead of other market-based instruments such as behavior modifying taxes and tax expenditure reform. It will firstly describe the key international agreements on climate change. Secondly, it will provide a review of the key literature in support of market -based instruments including the relative merits of carbon taxes and emissions trading. Thirdly, the chapter will review the history of regulatory responses in Australia at both Federal and State government levels, leading up to and including the proposed Australian emissions trading scheme, known as the Carbon Pollution Reduction Scheme (the CPRS). Fourthly, the chapter will review features of the underlying taxation system which constitute significant "barriers to change" which are very likely to undennine the intended objectives of the CPRS. The chapter concludes with some suggestions for emerging economies of the East Asia region on how taxation rules can be integrated with climate change objectives.
Jackson, J & Varnham, S 2011, 'Australia' in Russo, C (ed), The Legal Rights of Students with Disabilities:International Perspectives, Rowman & Littlefield Publishers, UK, pp. 21-44.
Karpin, IA & Mykitiuk, R 2011, 'Feminist legal theory as embodied justice' in Fineman, MA (ed), Transcending the Boundaries of Law: Generations of Feminism and Legal Theory, Routledge, Oxon, UK, pp. 115-130.
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This chapter examines a shift within feminist legal theory from a central concern with sexual difference to one of embodied difference. The subject at the center of this theorizing is marked by bodily (as opposed to sexual) difference from the normative, self-actualizing individual of legal subjecthood, Bioethical and biotechnological inquiries too are concerned with bodily differentiation, Bodies discussed in these contexts are often anomalous or pathologized. They are brought under scrutiny, when they deviate from what is often regarded as "normal)" that which is both valorized for its "species typicality" and) by exten~ ion, held out as the "natural)' state of being (Buchanan et al. 2000).
Lambert, H 2011, 'Article 2 (General Obligations)' in The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol A Commentary, Oxford University Press, pp. 625-642.
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A Commentary Jonas Dörschner, Felix Machts Andreas Zimmermann ... 37 Three
amendments were introduced (by Australia, Belgium, and France),38 and
withdrawn, and the text of Art. 2, as stated ... that a provision on the general
obligations of refugees should exclude from its scope matters relating to military
service and ...
Lambert, H 2011, 'Conclusion: Europe's normative power in refugee law' in The Global Reach of European Refugee Law, pp. 258-266.
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© Cambridge University Press 2013. In its core, this volume is about the emulation of European legal norms of refugee protection in other parts of the world. The main purpose of the volume is threefold: to gather evidence that emulation is happening (if it is); to explore the extent of such emulation and identify the processes through which it is happening; and to examine the implications of these findings in terms of trends. Thus, the chapters investigate existing patterns of emulation and discuss, where appropriate, how these might continue in the future. A review of the case studies reveals that all but one of these cases (the United States) provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the non-refoulement jurisprudence of the European Court of Human Rights, is 'naturally' evolving transnationally and is spreading internationally. The role of 'formal' processes also cannot be ignored (e.g., bilateral agreements and treaties), and these are illustrated by the case studies of Israel and Switzerland. However, what this volume reveals is another picture of 'natural' diffusion and emulation into the legal systems of non-EU countries through more 'informal' transnational processes. Crucially also, this volume accounts for a complex set of rules, practices and ideas, that lies behind European refugee law. Notably, the EU (and all of its twenty-seven Member States) has a normative 'safety mechanism' in place that is unique to Europe (namely, the ECHR with the European Court of Human Rights, and the CJEU). As a result, EU norms are constantly evolving, and many of them are becoming more liberal under the influence of this double-judicial check. Not all States outside Europe may be aware of these constant adjustments being made to restrictive norms.
Lambert, H 2011, 'Introduction: European refugee law and transnational emulation' in The Global Reach of European Refugee Law, pp. 1-24.
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© Cambridge University Press 2013. Europe has the most advanced regional protection regime in the world. The regime has taken shape through a series of legal undertakings on asylum, refugee law principles and human rights between Member States of the European Union (EU), aiming at an ever-greater uniformity in the law and practice of its members. The EU sought to codify a common regional system of asylum by 2012, in order to provide a single asylum procedure and a uniform protection status. A regime covering twenty-four countries, including some of the most developed and powerful in the world, is bound to exert considerable influence beyond Europe. The predicted impact of this body of EU norms has been widely identified in the academic literature as one that will have a 'ripple effect' beyond the EU, particularly with respect to the evolving content of international refugee law by means of changing customary law and UNHCR practice. However, very few studies have noted the fact that the European protection regime has already influenced the law and practice of States around the world, for some time. The implications of this are great, in terms of understanding the global reach of regional systems of law, and how this shapes the relationship between international rules and standards, and national law and practice across the world when it comes to refugee protection. This volume explores the extent to which European (or EU) legal norms of refugee protection have been emulated in other parts of the world, and assesses the implications of these trends. At times, the norms may not have had much discernible influence. This, too, is of interest. The aim of this volume is therefore more evaluative than speculative. We believe that now is a good time to take stock and assess the influence of European refugee law beyond the EU. This is because the first phase of the Common European Asylum System (CEAS) legislation (which codifies over twenty years of State practice) has conc...
Leary, DK 2011, 'Marine Genetic Resources: the Patentability of Living Organisms and Biodiversity Conservation' in Jacquet, P, Pachauri, RK & Tubiana, L (eds), Oceans: The New Frontier, TERI Press, Delhi, India, pp. 183-193.
Prior, JH & Crofts, P 2011, 'Queerying urban governance: the emergence of sex industry premises into the planned city' in Doan, P (ed), Queerying Planning, Ashgate Publishing Limited, New York, pp. 185-208.
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This chapter analyzes the emergence of sex industry premises, in particular gay bathhouses, into formal land-use processes in Sydney, Australia in the late twentieth century. The chapter traces a shift in regulatory mechanisms in the last decades of the twentieth century away from explicitly moral and criminal discourses to planning policies to regulate and organize sex industry premises. This chapter details the regulatory transition of gay bathhouses from a catch-all category of disorderly premises that included other businesses such as brothels, to an official definition that differentiated bathhouses from other sex industry premises.
Ries, N 2011, 'Charter Challenges' in Downie, J, Caulfield, T & Flood, C (eds), Canadian Health Law and Policy, LexisNexis Canada, pp. 615-651.
Ries, N & Kellogg, K 2011, 'Canada' in Nys, H (ed), International Encylopaedia of Laws: Medical Law, Kluwer Law International.
Riley, S, Li, G & Parker, NJ 2011, 'Student Diversity: Widening Participation by Engaging Culturally Diverse Non-Law Students in Law' in Kift, S, Sanson, M, Cowley, J & Watson, P (eds), Excellence and Innovation in Legal Education, LexisNexis Butterworths, Sydney, Australia, pp. 337-362.
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NA
Stoianoff, NP 2011, 'The Development of Intellectual Property Law in China' in Lai0Ha, C, Chan, G & Fung, K (eds), China at 60: Global-Local Interactions, World Scientific Publishing, Singapore, pp. 183-205.
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Stoianoff, NP & Kaidonis, MA 2011, 'Legislation, Citizens' Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study' in Paddock, L, Qun, D, Kotze, LJ, Markell, DL, Markowitz, KJ & Zaelke, D (eds), Compliance and Enforcement in Environmental Law Toward More Effective Implementation, Edward Elgar Publishing, United Kingdom, pp. 591-606.
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Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Stuhmcke, AG 2011, 'The evolution of the classical ombudsman: a view from the antipodes' in Kierkegaard Sylvia (ed), Law Across Nations: Governance, Policy & Statutes, International Association of IT Lawyers, pp. 589-601.
Varnham, S & yap, W 2011, 'The Student Experience: The Holistic Law Student' in Kift, S, Sanson, M, Cowley, J & Watson, P (eds), Excellence and Innovation in Legal Education, Lexis Nexis, Sydney, pp. 363-386.
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In this book teaching professionalism is characterised by the scholarly underpinning of each contribution; and every contribution provides a rich resource for enhancing teaching practice. The critical concerns for legal education have been identified and discussed: curriculum design that includes graduate attributes; embedding specific attributes across the curriculum; empowering students to learn; academic teamwork to manage large student cohorts; first year and final year transition strategies; tracking students' personal development through the use of ePortfolio; assessment strategies; improving student well-being and promoting resilience; teaching practice to achieve deep learning; flexibility in delivery; the use of Web 2.0 technology; and understanding the 21st century student.
Vrdoljak, A 2011, 'Cultural Heritage in Human Rights and Humanitarian Law' in Ben-Naftali Orna (ed), International Humanitarian Law and International Human Rights Law, Oxford University Press, United States, pp. 250-302.
Vrdoljak, A 2011, 'Women and Private Military and Security Companies' in Francioni, F & Ronzitti, N (eds), War by Contract: Human Rights, Humanitarian Law, and Private Contractors, Oxford University Press, USA, United States, pp. 280-298.
Anthony, T 2011, 'Moral Panics and Misgivings over Indigenous Punishment: Sentencing Cultural Crimes in Australia's Northern Territory', Cambrian Law Review, vol. 42, pp. 91-112.
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Misgivings about Indigenous culture and customary law have emerged in criminal sentencing of Australian Indigenous offenders. In the late twentieth century courts idealised Indigenous culture in remote communities of the Northern Territory. Over the last decade culture has been re-imagined by the courts as a threat to mainstream legal norms and has attracted harsher punishment. Alongside judicial misgivings there has been a moral panic in the media and government circles over Indigenous culture and punishment. The Indigenous criminal has been put forward as a symbol of cultural backwardness and the failed Indigenous community. The moral panic culminated in prohibitive sentencing legislation and restrictive controls over Northern Territory Indigenous communities in 2007. By drawing on Stanley Cohen's and Emile Durkheim's notions of moral panics and Ghassan Hage' s view of Australian nationalism, this article argues that the moral panic over Indigenous criminality as a culture manifestation cemented nationalist aspirations for an exclusively white space. Finally, the paper imagines an alternative legal pluralism where Indigenous communities are engaged in punishment and crime prevention.
Anthony, T 2011, 'Sentencing Indigenous Riot Offenders in a Spatial Fantasy', Griffith Law Review, vol. 20, no. 2, pp. 385-420.
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There is precedent in Australian criminal sentencing to consider Indigenous group membership as a mitigating factor, including for Indigenous riots against racist acts or deaths in custody. When mitigation has been invoked, it is based on the reduced moral culpability of the Indigenous offender. A number of higher courts, particularly in the 1980s and 1990s, pointed to the stress caused by racism that provoked the riot. However, recent sentencing remarks have tended to privilege aggravating circumstances, especially the seriousness of the riot and the harm or potential harm to the victims. This shift in sentencing considerations for rioters dovetails a reimagining of the Indigenous offender and their community as lacking reason or legitimacy in the contest for space. This article analyses key sentencing remarks and media reports for New South Wales and Queensland Indigenous riot cases over the past 30 years by drawing on Stanley Cohen's concept of 'moral panics' and Ghassan Hage's notion of spatial racism to demonstrate how the construction of riots as an out-of-control response reflects a deeper national anxiety over 'white' space.
Anthony, T 2011, 'The Punitive Turn in Post-Colonial Sentencing and the Judicial Will to Civilise', Waikato Law Review, vol. 19, no. 2, pp. 66-85.
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Australian criminal justice in the twenty-first century has been characterised by a law and order agenda, which has given rise to longer prison sentences. The Northern Territory Supreme Court has justified increased sentences to the risk Indigenous cultures and customary laws present to victims and the safety of the community. This article focuses on the punitive turn for Indigenous offenders delivered by the Northern Territory Supreme Court over the past decade and since accommodated by Federal legislative amendments that outlaw cultural and customary law factors in sentencing
Arrandale, VH, Brauer, M, Brook, JR, Brunekreef, B, Gold, DR, London, SJ, Miller, JD, Oezkaynak, H, Ries, NM, Sears, MR, Silverman, FS & Takaro, TK 2011, 'Exposure Assessment in Cohort Studies of Childhood Asthma', ENVIRONMENTAL HEALTH PERSPECTIVES, vol. 119, no. 5, pp. 591-597.
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Bennett, B & Carney, T 2011, 'Pandemic Preparedness in Asia: A Role for Law and Ethics?', ASIA-PACIFIC JOURNAL OF PUBLIC HEALTH, vol. 23, no. 3, pp. 419-430.
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Berg, LA 2011, ''Mate Speak English, You're in Australia Now': English language requirements in skilled migration', The Alternative Law Journal, vol. 36, no. 2, pp. 110-115.
Biber, K 2011, '"Crooks Like Us", Peter Doyle, Historic Houses Trust of NSW, Sydney', Current Issues in Criminal Justice, vol. 23, no. 2, pp. 287-290.
Biber, K 2011, 'Evidence from the Archive: Implementing the Court Information Act in NSW', The Sydney Law Review, vol. 33, no. 3, pp. 575-598.
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The Court Information Act 2010 (NSW) attempts to achieve transparency and accountability under the framework of an 'open justice' system. The Act aims to make court information more accessible to members of the public and media organisations, and to achieve this consistently across all of the NSW jurisdictions. In effect, the Act opens the jUdicial archive, making court records accessible to the public. By making this material accessible, the legislation has the potential to put evidence into a fresh context, after the facts have been resolved in litigation. This article considers several examples from Australia and abroad in which evidence from legal proceedings was put to unexpected uses - either by artists, curators or scholars - giving rise to ethical challenges to how we think about evidence after the conclusion of legal proceedings. Re-contextualising evidence carries with it the risk of harm, humiliation, and the exposure of sensitive and secret material. This article will argue that the Act cannot address the dangers of misuse of evidence without adopting an archival sensibility. It sets out some of the theories and practices adopted by archivists that could guide us before we open the evidentiary archive.
Biber, K 2011, 'Murdering Stepmothers: The Execution of Martha Rendell', Australian Feminist Studies, vol. 26, no. 70, pp. 509-511.
Biber, K 2011, 'Wanted: The Outlaw in American Visual Culture; Capturing the Criminal Image: From Mug Shot to Surveillance Society; Pictures from a Drawer: Prison and the Art of Portraiture', History of Photography, vol. 35, no. 4, pp. 439-441.
Biber, K & Ingram, P 2011, 'REVIEWS', Australian Feminist Studies, vol. 26, no. 70, pp. 509-514.
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Booth, T 2011, 'Crime Victims and Sentencing: Reflections on Borthwick', The Alternative Law Journal, vol. 36, no. 4, pp. 236-239.
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Integrating victims and their victim impact statements in sentencing proceedings is a contemporary challenge for the court. This article argues that the requirement of fairness means that the sentencing court should consider and respond to the interests and concerns of both the defendant and the victim.
Boreham, K & Hobbs, H 2011, 'Justice Denied for Cambodia', East Asia Forum.
Broome, R & Kirkby, D 2011, 'In this issue', Australian Historical Studies, vol. 42, no. 2, pp. 165-166.
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Broome, R & Kirkby, D 2011, 'In this issue', Australian Historical Studies, vol. 42, no. 3, pp. 309-310.
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Burn, JM 2011, 'People-Trafficking in Australia', Precedent, no. 102, pp. 16-20.
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This article summarises the treaty provisions under international laws which address slavery, slavery-like practices and human trafficking and discusses their relevance in the Australian context.
Carney, T 2011, 'A regional disability tribunal for Asia and the Pacific: Changing the conversation to a ‘conversation’?', International Journal of Law in Context, vol. 7, no. 3, pp. 319-333.
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This article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon. © 2011, Cambridge University Press. All rights reserved.
Carney, T 2011, 'Social security law: what does the politics of 'conditional welfare' mean for review and client representation?', AUSTRALIAN JOURNAL OF SOCIAL ISSUES, vol. 46, no. 3, pp. 233-252.
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Carney, T & Tait, D 2011, 'Mental Health TribunalsRights, Protection, or Treatment? Lessons from the ARC Linkage Grant Study?', PSYCHIATRY PSYCHOLOGY AND LAW, vol. 18, no. 1, pp. 137-159.
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Caulfield, T, Ries, N & Barr, G 2011, 'Variation in Ethics Review of Multi-Site Research Initiatives', Amsterdam Law Forum, vol. 3, no. 1, pp. 104-122.
Dorsett, SG 2011, 'Procedural Innovation: The First Supreme Court Rules of New South Wales and New Zealand', Australian Bar Review, vol. 35, pp. 128-151.
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This article looks at the first rules of the Supreme Courts of New South Wales and New Zealand. In both colonies the first Chief Justice put in place simplified rules, appropriate, as they saw it, for the needs of a young colony in which there was a single superior court. This paper places these rules within the context of Empire and then examines two facets of them: initiating civil litigation and the relationship between law and equity in a single superior court. For colonial judges, the ability to draft their own rules was one of the most significant ways in which they could adapt English law to the circumstances of their own colonies and influence the development of the shape, form and development of their respective legal systems.Most importantly, many of their reforms were undertaken ahead of those in England and could have provided both inspiration for, and evidence of success of, simplifications that could easily be achieved.
Ellison, D & Karpin, IA 2011, 'Death without Life: Grievability and IVF', The South Atlantic Quarterly, vol. 110, no. 4, pp. 795-811.
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Although in vitro fertilization patients faced with the problem of surplus cryopreserved embryos have a number of disposition options, we focus on one procedure known as compassionate transfer. In this scenario the thawed embryo is placed in the patient's vagina, where it will not develop further, or it is transferred to the uterus without the benefit of fertility-enhancing hormones at a point in the menstrual cycle unreceptive to implantation. The embryo destined for disposal is removed from the realm of technological possibility and returned to the female body for a homely death. Arguably this is consistent with related mourning rituals that rely on embodied contact between the living and the dead such as the practice of wearing a lock of hair from a child or loved one. We document some contemporary practices that reconstitute the dead in keepsake form, where they may reside both inside and outside the body of the mourner. Our focus, though, is on the commemoration of embryo disposition in the form of compassionate transfer, as a ritual confounding the conditions of grievability: this is not-yet-life succumbing to something that resembles death. While debates continue over the embryo's status as life, new forms of disposition practices such as compassionate transfer are developing in response to the emotional experience of embryo loss. As a death scene in progress, we take the measure of its fabrication, considering its form, significance, and legal and cultural complexity.
Ellison, D & Karpin, IA 2011, 'Embryo Disposition and the New Death Scene', Cultural Studies Review, vol. 17, no. 1, pp. 81-100.
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In the IVF clinic - a place designed principally for the production and implantation of embryos - scientists and IVF recipients are faced with decisions regarding the disposition of frozen embryos. At this time there are hundred of thousands of cryopreserved embryos awaiting such determinations. They may be thawed for transfer to the woman herself, they may be donated for research or for use by other infertile couples, they may remain in frozen storage, or they may variously be discarded by being allowed to 'succumb', or 'perish'. Where the choice is discard, some IVF clients have chosen to formalise the process through ceremony. A new language is emerging in response to the desires of the would-be-parents who might wish to characterise the discard experience as a ‘good death’. This article examines the procedure known as ‘compassionate transfer’ where the embryo to be discarded is placed in the woman’s vagina where it is clear that it will not develop further. An alternate method has the embryo transferred in the usual manner but without the benefit of fertility-enhancing hormones at a point in the cycle unreceptive to implantation. The embryo destined for disposal is thus removed from the realm of technological possibility and ‘returned’ to the female body for a homely death.
While debates continue about whether or not embryos constitute life, new practices are developing in response to the emotional experience of embryo discard. We argue that compassionate transfer is a death scene taking shape. In this article, we take the measure of this new death scene’s fabrication, and consider the form, significance, and legal complexity of its ceremonies.
Esteban, M, Leary, DK, Zhang, L, Utama, A, Tezuka, T & Ishihara, K 2011, 'Job retention in the British offshore sector through greening of the North Sea energy industry', Energy Policy, vol. 39, no. 3, pp. 1543-1551.
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For the case of the UK there are currently three ways of obtaining energy from sea areas, namely from wind, tides and waves. A methodology was developed to determine the future size of the offshore renewable industry based on the concept of employment factor, or the number of people required to maintain each unit of electricity production. An assessment was made of the decline in the number of people employed in oil related jobs in the North Sea and the gap that this could create in the UK's economy unless this pool of offshore expertise could find an alternative employment in the renewable sector. The paper will also investigate the effect of gradually transforming the UK's oil and gas sector into offshore renewables. If this was to happen by 2050 the UK offshore renewable industry could produce between 127 and 146 TWh of electricity, equivalent to around 5766% of the current energy consumption in the country.
Evers, M, Olliffe, BM & Pettit, RK 2011, 'Looking to the past to plan for the future: A decade of practical legal training', The Law Teacher, vol. 45, no. 1, pp. 18-44.
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The beginning of the twenty-first century has seen significant changes in the legal profession, from the increased use of e-communications and incorporated legal practices, to the internationalisation of lawyers and the globalisation of practice. This raises the question are practical legal training courses providing education that still has value and relevance to students and the profession? Research based on surveying graduates of the Practical Legal Training (PLT) programme at the University of Technology, Sydney (UTS) was undertaken to assess the value and relevance of our course and to consider what changes, if any, were necessary. The findings confirmed that traditional skills of lawyering and established areas of practice continue to dominate the experience of newly admitted graduates. The findings also indicated there were skills which are not emphasised in our teaching but which were considered important by respondents. The survey also revealed some changes to graduates' career options. This article outlines our research and considers the results within the regulatory framework for the delivery of PLT. We consider that there are some changes to our programme which would improve our graduates' experience in transitioning into their first employment and we suggest that consideration be given to a review of some of the requirements for PLT providers. Our experience is instructive for other providers of practical legal education who may be considering renewal and reform of their courses.
Goldblatt, BA & Muir, K 2011, 'Complementing or conflicting human rights conventions? Realising an inclusive approach to families with a young person with a disability and challenging behaviour', Disability & Society, vol. 26, no. 5, pp. 629-642.
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United Nations conventions exist to help facilitate and protect vulnerable people's human rights: including people with disabilities (Convention on the Rights of Persons with Disabilities, 2006) and children (Convention on the Rights of the Child, 1989). However, for some families where a family member has a disability, there may be inherent conflicts in meeting stand-alone human rights conventions. These conventions should work together to ensure that young people with disabilities and challenging behaviour and their parents and siblings all have equal rights to full participation in social, economic and civic life. Yet service system deficits mean that this is not always the case. This paper argues that governments need to provide a whole of family and community support approach to ensure the human rights of all family members are met. This is a transnational complex ethical, moral and human rights issue that needs to be debated and addressed.
Gould, KC 2011, 'Statutory qualified privilege succeeds, but too early for the media to go 'dancing In the streets'', Media and Arts Law Review, vol. 16, no. 3, pp. 241-287.
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The national uniform defamation legislation provides for a statutory qualified privilege defence which is basically a reincarnation of the old s 22 defence under the Defamation Act 1974 (NSW) (repealed), albeit with a few changes, The former 5 22 defence was notorious for its failure and genuine fears are held for the future of its progeny, especially if it is made to carry the burden of the restrictive 5 22 judicial interpretation. Contrary to expectations, however, the defence has managed to score at least five wins in defamation actions before superior courts in recent times. This sparks hope of a more productive life for the 5 30 defence in the uniform defamation era. But, closer analysiS of these decisions suggests that it may be too early for the media to take to the streets dancing just yet. Moreover, this small cluster of wins does not undermine the priority this defence deserves in the current 5 year review of the Defamation Act 2005 (NSW).
Greenleaf, GW, Mowbray, AS & Chung, PT 2011, 'AustLII: Thinking Locally, Acting Globally', Australian Law Librarian, vol. 19, pp. 101-111.
Greenleaf, GW, Vivekanandan, V, Chung, PT, Singh, R & Mowbray, AS 2011, 'Challenges for Free Access to Law in a Multi-Jurisdictional Developing Country: Building the Legal Information Institute of India', SCRIPTed, vol. 8, no. 3, pp. 292-316.
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This article analyses the complexities involved in providing free public online access to the "public legal information" ofthe Indian legal system. It starts with some of the causes of the complexity of Indian legal information then describes the considerable progress that has previously been made in the provision of free access to some types of legal information, but why the result is still below international standards. The article then explains a project to remedy some of these deficiencies, the Legal Information Institute of India (LIJ of India), being carried out by eight Indian law schools and an international partner. It has developed in its first year of public operation, the Lll of India, a system with over 750,000 searchable documents and 151 databases. The considerable remaining challenges for creation of a world-standard and sustainable system are then outlined, and steps proposed to address them. The extent to which this collaborative project might be a model for development of free access to legal information in other countries is considered.
Gumley, W & Stoianoff, NP 2011, 'Carbon Pricing Options for a Post-Kyoto Response to Climate Change in Australia', Federal Law Review, vol. 39, no. 1, pp. 131-159.
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Australia's commitments under the Kyoto Protocol - proposed introduction of carbon pricing in Australia - policy options for establishing a carbon price - relative merits of carbon taxes and emissions trading - barriers to change within the Australian taxation system - argument that tax expenditure reform should be a key element of all market based responses to climate change.
Hawes, C 2011, 'Allies of the State: China's Private Entrepreneurs and Democratic Change', CHINA JOURNAL, vol. 66, pp. 205-207.
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Hawes, C 2011, 'Allies of the State: China's Private Entrepreneurs and Democratic Change, by Jie Chen and Bruce J. Dickson', The China Journal, vol. 66, no. July, pp. 205-207.
Hawes, C & Chew, EK 2011, 'The cultural transformation of large Chinese enterprises into internationally competitive corporations: case studies of Haier and Huawei', Journal of Chinese Economic and Business Studies, vol. 9, no. 1, pp. 67-83.
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The Chinese government has recently introduced a policy requiring all large Chinese business corporations to transform their corporate cultures with the aim of increasing their competitiveness on the international stage. This paper traces the origins of the policy to the outstanding performance of a small number of Chinese firms since the late 1980s, a phenomenon attributed by the CEOs of these firms to effective implementation of cultural values change among their workforces. We give detailed accounts of two such firms, Haier Group and Huawei Technologies, demonstrating how they have utilized cultural management techniques to improve their employees' performance. We also identify some negative aspects of their approach to cultural management that may impede these firms in their efforts to become truly international corporations.
Hitchens, LP 2011, 'Media Regulatory Frameworks in the Age of Broadband: Securing Diversity', Journal of Information Policy, vol. 1, pp. 217-240.
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Professor Hitchens, writing from Australia, sees a dramatically different regulatory framework in a post-convergence Broadband Age. Future media policy and regulation, she says, will have to address the entire media ecosystem, viewed as a regulatory space in which self-regulation and the market are all part of the basket of regulatory tools. Its goal should be to maintain and strengthen the public sphere. Traditional rules limiting media ownership or setting content requirements are unlikely to be viable, and will be replaced by increased reliance on sectoral ex ante competition regulation, perhaps complemented by a code of behavior promoting self-regulation regarding content. Hitchens concludes that traditional media regulations rooted in spectrum scarcity are not sustainable in the long term.
Hohmann, J 2011, '‘Human Rights and their Limits by Wiktor Osiatyński & Advocating Dignity: Human Rights Mobilizations in Global Politics by Jean Quataert’', Cambridge Law Journal, vol. 70, no. 1.
Kirkby, D 2011, 'Sex Discrimination, Workplace Opportunities and Law’s Transformative Promise', Australian Feminist Law Journal, vol. 34, no. 1, pp. 127-145.
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Leary, DK 2011, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 20, no. 2009, pp. 775-779.
Leary, DK & Esteban, M 2011, 'Recent Developments in Offshore Renewable Energy in the Asia-Pacific Region', Ocean Development And International Law, vol. 42, no. 1/2, pp. 94-119.
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This article examines the emergence of offshore renewable energy (i.e., offshore wind, ocean, and tidal energy) in the Asia-Pacific region with a particular focus on developments in China, South Korea, Australia, and New Zealand. It outlines plans for the development of offshore wind, tidal, and wave energy projects as well as emerging legal and policy measures supporting the growth of offshore renewable energy in the region. The article highlights that, although some progress has been made on laws and other measures to facilitate offshore renewable energy in the Asia-Pacific region, clear regulatory frameworks are still emerging in these jurisdictions
Lee, K 2011, 'New Pricing Principles Proposed for Declared Fixed Line Services', Australian Journal of Competition and Consumer Law, vol. 19, pp. 52-56.
Li, G 2011, 'What we know and what we do not know - the legal challenges for international commercial contract formation in a pervasive computing environment', International Journal of Private Law, vol. 4, no. 4, pp. 252-265.
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Although the issue of electronic international commercial contracting has been discussed in the online world, the author of this paper believes that the current system lacks a workable basis for embracing the coming pervasive computing era. In this context, this paper studies the status of current international commercial contract formation and outlines the challenges of pervasive computing, in particular, the issues of jurisdiction and of contract fraud. The paper then suggests that, in order to serve the future computing environment better, the legal and regulatory framework should focus on improving the internal monitoring of risks and vulnerabilities, and greater sharing of information about these risks and vulnerabilities. Moreover, the role of government should be to focus on education and training on the care and use of these technologies and the better reporting of risks and responses. A fully embedded safe computing environment will require more collaboration between individuals, commercial organisations and relevant government bodies.
MacDermott, T & Riley, J 2011, 'Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia', Journal of Industrial Relations, vol. 53, no. 5, pp. 718-732.
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Master, Z, Ries, NM & Caulfield, T 2011, 'Balancing Efficiency and the Protection of Research Participants: Canadian Allergy/Asthma Researchers’ Perspectives on the Ethics Review of Multi-Site Health Research', Journal of Clinical Research & Bioethics, vol. 02, no. 05.
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Millbank, J 2011, 'The New Surrogacy Parentage Laws in Australia: Cautious Regulation or '25 Brick Walls'?', Melbourne University Law Review, vol. 35, no. 1, pp. 165-207.
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This article critically analyses recent law reforms that have taken place in all Australian jurisdictions except the Northern Territory which allow for the transfer of legal parentage in surrogacy arrangements from the birth mother (and her partner, if any) to the âintended parentsâ. Although styled as liberalising reforms, the increasingly complex web of eligibility rules are likely to be an ill fit with the existing and future family formation behaviours of those involved in surrogacy, and may ultimately exclude more families than they assist. While surrogacy policy throughout Australia aims to prevent the exploitation of women who act as birth mothers, prevent the commercialisation of reproduction and to protect the interests of current and future children born through these means, this article argues that the reforms are unlikely to meet these aims. The interest of children in having a legal relationship with the parents who are raising them will not be met for many, as half of the regimes exclude children conceived outside the jurisdiction and all of them exclude arrangements where payment has been made to the birth mother. Potential harms are not being prevented, but rather are being exported elsewhere through the increasing incidence of international surrogacy. A more flexible and inclusive approach to parental transfer, such as that which currently exists in UK law, is recommended.
O'Connell, K 2011, 'From Black Box to Open Brain', Griffith Law Review, vol. 20, no. 4, pp. 883-904.
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The brain is commonly thought of as a bounded and private organ of selfhood a repository of individual thoughts and desires, a ? black box ? closed against inc ursions. Yet contemporary neuroimaging technologies seem to open the brain to scrutiny, offering a selfhood that is increasingly transparent, knowable and manipulable. On one view, this recasts the brain as a site of potential regulation, subject to the la nguage of self - discipline, law and medical intervention. Yet there is also a disruptive element to these technologies, as they reveal the brain to be embedded in overlapping biological, social and environmental systems, interdependent and in constant chang e over time. This article considers the significance of these developments for law, with particular reference to the construction of disabled identity and the brain in discrimination law. Will this sense of openness in the brain merely provide opportunitie s for increased medical regulation, in which law is bypassed, and neuroimaging technologies facilitate the identification of risk in individuals and mitigation of that risk through neurochemical and other brain interventions? Reading these technological de velopments alongside current theories of disability and neurodiversity, this article offers an alternative view of legal selfhood in which the brain is neither a black box nor an object to be screened and controlled, but open in a more radical sense, insep arable from its functioning within the body and environment, constituted by and constitutive of the Other.
Opeskin, B 2011, 'The High Cost of Judges: Reconsidering Judicial Pensions and Retirement in an Ageing Population', Federal Law Review, vol. 39, pp. 33-70.
Rachul, C, Ries, N & Caulfield, T 2011, 'Canadian newspaper coverage of the A/H1N1 vaccine program', Canadian Journal of Public Health, vol. 102, no. 3, pp. 200-204.
Ries, N 2011, 'Regulating Public Health Risks: Case Studies of Food Allergens and Transfusion Transmissible Infections', Health Law Journal, vol. 19, pp. 1-44.
Ries, N & von Tigerstrom, B 2011, 'Legal Interventions to Address Obesity: Assessing the State of the Law in Canada', University of British Columbia Law Review, vol. 43, no. 2, pp. 361-416.
Ries, NM, Rachul, C & Caulfield, T 2011, 'Newspaper reporting on legislative and policy interventions to address obesity: United States, Canada, and the United Kingdom', JOURNAL OF PUBLIC HEALTH POLICY, vol. 32, no. 1, pp. 73-90.
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Riley, J 2011, 'Adverse Action Claims under the Fair Work Act 2009 (Cth)', Commercial Law Quarterly, vol. 25, no. 3, pp. 12-16.
Riley, J 2011, 'Australie: Le recours au faux travail independant', Revue de droit compare du travail et de la securite sociale, vol. [2011], pp. 95-96.
Schofield-Georgeson, E, Schofield, T, Hepworth, M & Jones, M 2011, 'Health and community services for trafficked women: An exploratory study of policy and practice', Australian Journal of Social Issues, vol. 46, no. 4, pp. 391-410.
Selim, Y & Murithi, T 2011, 'Transitional Justice and Development: Partners for Sustainable Peace in Africa?', Journal of Peacebuilding & Development, vol. 6, no. 2, pp. 58-72.
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Silink, AJ 2011, 'Equitable estoppel in 'subject to contract' negotiations', Journal of Equity, vol. 5, pp. 252-287.
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Waltons Stores (Interstate) Ltd v Maher was a watershed in the development of promissory estoppel in Australian law, recognising its reach to a representation of future intention from one party to another without the need for a pre-existing legal relationship between them. However, the scope for an equitable estoppel to arise from pre-contractual negotiations which do not result in a formal contract being executed, as in that case, remains unclear in certain respects. In particular, it is not clear whether or not a plaintiff seeking to establish an estoppel needs to have held a belief that the defendant was already bound by, or bound to enter into, the contract. On another view, it may be sufficient for the plaintiff to demonstrate that he or she was induced to assume that the contract would eventuate and then relied to his or her detriment upon that assumption, even if the plaintiff knew that the defendant had a right to withdraw from the negotiations. This article explores this uncertainty in Australian law about the nature of the assumption required to found an estoppel arising from pre-contractual negotiations which are said to be `subject to contract.
Simm, G 2011, 'International Law as a Regulatory Framework for Sexual Crimes Committed by Peacekeepers', Journal of Conflict and Security Law, vol. 16, no. 3, pp. 473-506.
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Stewart, PE 2011, 'Tortious Remedies for Deliberate Wrongdoing to Victims of Human Trafficking and Slavery in Australia', UNSW Law Journal, vol. 34, no. 3, pp. 898-937.
Stoianoff, NP 2011, 'The Coming of Age of Enterprise Taxation in China', Journal of Chinese Tax & Policy, vol. 1, no. 1, pp. 2-12.
Stuhmcke, AG 2011, 'Australian Ombudsmen and Human Rights', Australian Institute of Adfministrative Law Forum, vol. 66, pp. 43-50.
Stuhmcke, AG 2011, 'Teaching Plagiarism: Law Students Really Are That Special', Journal of the Australasian Law Teachers Association, vol. 4, no. 1&2, pp. 137-146.
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This paper examines the current narrative of plagiarism and citation style in Anstralia and argues against using citation style guides as both a cure for plagiarism and as a means to determine the act of plagiarism. The paper suggests that legal education should not promote a narrative of citation where citation style and wamings as to the penalties which will be applied in cases of plagiarism take priority over communicating to students an understanding of the processes and benefits of proper and scholarly attributioun of sources.
Stuhmcke, AG 2011, 'The Criminal Act Of Commercial Surrogacy In Australia: A Call For Review', Journal of Law and Medicine, vol. 18, no. 3, pp. 601-613.
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Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northe
Tabucanon, T & Opeskin, B 2011, 'The Resettlement of Nauruans in Australia: An Early Case of Failed Environmental Migration', The Journal of Pacific History, vol. 46, pp. 337-356.
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Tian, Y 2011, 'Competition Law and IP Abuse Prevention in Australia: A Comparative Study', The WIPO Journal: Analysis of Intellectual Property Issues, vol. 2, no. 2, pp. 217-234.
van Rijswijk, HM 2011, 'Memory, Imagination, Justice: Intersections of Law and Literature', Current Issues in Criminal Justice, vol. 22, no. 3, pp. 511-513.
Varnham, S & Evers, M 2011, 'Are you the person who...? Reflections on the challenges and opportunities of the role of student ombudsmen in an Australian university', Australasian Dispute Resolution Journal, vol. 22, no. 4, pp. 228-237.
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The feeling is often expressed that there are increasing numbers of students who are less interested in the student experience than in completing their qualifications with the best marks in the shortest possible time. In many instances this translates to a greater readiness to express dissatisfaction when the delivery of a course does not match up to expectations or when there is a perception of having been dealt with unfairly in terms of assessment or in other processes. It is ever more important that universities ensure that their processes and procedures are transparent, fair and consistent, and accommodating of diversity. Student ombudsmen playa vital role in this process, both in their investigations of requests for assistance and in their recommendations on systemic matters. This article considers the challenges faced by the authors in their roles as student ombuds in an Australian university. It contrasts the "last resort" model of student ombud used in that university with models used in other Australian universities and those in comparative jurisdictions, and considers which may be best suited to today's climate of higher education.
Varnham, S, Booth, T & Evers, M 2011, 'Let's Ask the Kids! - Practising Citizenship and Democracy in Australian Schools', International Journal of Law and Education, vol. 16, no. 2, pp. 73-91.
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LetS ask the kids-yeah right! The focus of this article is a research project being undertaken in Australia which considers participative and restorative practices in New South Wales schools. Jt looks at the research inspiring this project which points to the part democratic principles may play in the engagement of children and young people in their schools and their education, and the development of citizenship principles which they take outside their school gates. This research considers the meaningful participation of children and young people in decision making in schools: its implementation, and its effectiveness and impact on school communities. Citizenship and democracy are about relationships, participation, rights and responsibility. In Australia and New Zealand, and comparative jurisdictions, the debate concerning the teaching of citizenship in schools has traditionally been centred on the extent to which civics education should be included in the school curriculum. In recent years the debate has widened to a more holistic view of citizenship or democracy in schools, from the restrictive approach of classroom learning only, to embrace teaching by practice and example within the school structure. Schools have a unique opportunity not only to teach democratic principles and values but also to reinforce and demonstrate that teaching by their practices and procedures. The model presented by a school provides a crucial template for the value system which students live by for the rest of their lives.
Vijeyarasa, R 2011, 'Trafficking and human rights: European and Asia-Pacific Perspectives by Leslie Holmes and The international law of human trafficking by Anne T. Gallagher', Australian Journal of Human Rights, vol. 17, no. 1, pp. 139-143.
Vrdoljak, A 2011, 'Genocide and Restitution: Ensuring Each Group's Contribution to Humanity', The European Journal of International Law, vol. 22, no. 1, pp. 17-47.
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The protection of minorities in modern international law is intimately connected with and fuelled the recognition of the crimes of persecution and genocide. Minority protection represented the proactive component of the international efforts to ensure the contribution of certain groups to the cultural heritage of humankind. Prohibition and prosecution of persecution and genocide represented the reactive element of these same efforts. The restitution of cultural property to persecuted groups by the international community was recognition that their ownership and control of these physical manifestations was necessary for the realization of this purpose. In this article, I consider the emergence, contraction, and revival of the interconnection between minority protection, the prevention and punishment of genocide, and the protection and restitution of cultural heritage over the last century-long development of international law. It is argued that the central aim driving and interweaving these initiatives is the effort to ensure the continuing contribution of each group to the cultural heritage of all humanity.
Wangmann, JM 2011, 'DownUnderAllOver: Developments Around the Country - NSW: Changes to victims' compensation', The Alternative Law Journal, vol. 36, no. 1, pp. 64-65.
Wellard, MN 2011, 'UK pre-pack reforms : pause for thought in Australia?', Australian Insolvency Journal, vol. 23, pp. 12-19.
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On 31 March 2011 the UK Government announced new measures to regulate the use of pre-packaged sales in administration. The legislation is not expected until later in 2011, but the announcement heralds a shift in regulatory attitudes towards pre-packs in the UK which should give all local pre-pack advocates pause for thought when considering the merits of embracing the procedure in Australia. In the Jan-March 2011 edition of the Australian Insolvency Journal, an interesting article by Nicholas Crouch and Shabnam Amirbeaggi extolled the virtues of pre-packs and called for “legislative reform to embrace pre-packs” in Australia. By way of reply (and in a spirit of constructive debate) this article respectfully contends that while pre-packs certainly have their place in preserving business value in certain circumstances, Australia should be careful not to sleepwalk into adopting a procedure which legitimises phoenixing at the expense of creditor confidence and participation in our insolvency regime.
Wright, G & Leary, DK 2011, 'Marine energy', New Zealand Law Journal, vol. August, pp. 227-234.
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Young, AL, Li, G & Chu, T 2011, 'In the interest of minority shareholders in Hong Kong: case study on the privatisation of PCCW via a scheme of arrangement (part 1)', The Company Lawyer, vol. 32, no. 1, pp. 28-32.
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The share ownership structure in Hong Kong is highly concentrated. This increases the risk of minority shareholders' interested being sidelined. The recent decision made by the Hong Kong Court of Appeal on PCCW's privatisation case is a victory for minority shareholders. It also established a new precedent in the interpretation of s.l66 of the Companies Ordinance (Cap 32), where the court has to consider whether there was vote manipulation at the EGM which leads to an outcome that does not represent the interest of the voting shareholders as a whole. As well, the court would need to take into account whether the scheme was substantively unfair to the shareholders who were voting on it. The appeal decision was so instrumental it prompted the Hong Kong Government to put forward proposals to reforn the law.
Anthony, T 2011, 'Criminal Sentencing of Australian Indigenous Offenders', Justice in the Round: Perspectives from Custom and Culture, Rights, and Dispute Resolution, University of Waikato, Hamilton, New Zealand.
Bartel, R & Riley, S 2011, 'HOW DO WE RADICALLY IMPROVE WEEDS LAW? Critical action for wicked problems', HOW DO WE RADICALLY IMPROVE WEEDS LAW?, 16th NSW Weeds Conference, Coffs Harbour, New South Wales.
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This paper discusses the weed dilemma arguing that weed regulation in Australia needs a radical overhaul, primarily with respect to capacity and commitment in order to align interests and improve interaction amongst stakeholders. The analysis commences with an overview of the problem before moving to a discussion of four areas of regulation that demand critical action: disunity, proactivity, complexity and laxity. Law reform needs to take into account community heterogeneity (disunity), the difficulties in mandating action (proactivity), the needless confusion of laws and legal instruments between jurisdictions (complexity) and the history of slow and inadequate response and poor monitoring and enforcement (laxity). Radical improvements are required in three main areas. First, commitment generation is required to generate moral and norm agreement around weeds as undesirable. Second, radical improvement is required in the area of capacity generation, and of capacity facilitation through harmonisation of regulation. Third, radical improvement is required in the area of compliance generation, of those who are non-compliant and unlikely to respond to softer mechanisms such as education. A combination of market incentives could be used here; although moral hazards must also be avoided. Where enforcement action is adopted, care must also be taken that the regulated are not discouraged and commitment undermined as a result.
Booth, T 2011, 'Cooling out victims of crime in the courtroom: constructing and reconstructing frameworks for victim participation', Economies and insecurities of crime and justice, British society of Criminology annual conference, Newcastle-on-Tyne UK.
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Victims of crime are said to enjoy a voice in the sentencing hearing through the submission of victim impact statements (VISs). The integration of crime victims in sentencing hearings through VIS provides a contemporary challenge for criminal justice and judges in particular. Difficulties can arise from both the ambiguity of the role of the victim in the hearing and the generation, expression and management of concomitant emotions. A contentious issue is the role of VIS in the sentencing hearing and especially the influence of that VIS on the ultimate penalty. In NSW, VIS are not taken into account for the purpose of developing penalty and according to Prosecution Guidelines, it is the Crowns task to ensure that victims are so advised. Nonetheless, many victims of crime present their VISs with either unreasonable or misguided expectations that their words will influence the sentencing task. Drawing on the work of Goffman and his followers, `cooling out is a process whereby the `cooler has the job of handling persons whose expectations and/or self-conceptions have proved false or been disappointed. `Cooling out provides a conceptual framework for understanding aspects of courtroom interaction between the judge and the crime victim. Using data from an ethnographic study of sentencing hearings in NSW, it will be argued that judges anticipate and manage the disappointed expectations of victims as to the relevance of VIS to the sentencing hearing by using a cooling out process. It is in the interests of the court not to have to cope with disgruntled or even angry victims and the potential for disorder in the courtroom.
Dorsett, SG 2011, 'Adapting Law to the Circumstances of the Colony: The First Supreme Court Rules of New South Wales and New Zealand', Forbes Lecture 2011 - the Annual Lecture of the Francis Forbes Society for Australian Legal History, Sydney.
Dorsett, SG 2011, 'Adapting Law to the Circumstances of the Colony: The First Supreme Court Rules of New South Wales and New Zealand', The Twentieth British Legal History Conference, Cambridge.
Dorsett, SG 2011, 'Why Archive? The New Zealand Lost Cases Project', Rare Books Lecture, Melbourne.
Dorsett, SG & McVeigh, S 2011, 'Managing the Meeting of Laws: Native Title, Plurality and the Limits of Jurisdictional Thinking', Between Indigenous and Settler Governance, Sydney, Australia.
Fallah, KL 2011, 'International Law and the Right of Self-Defence', Centre for International and Public Law and Australian Centre for Military Law and Justice Forum, Tampa and 9/11: Ten Years On - Reflections on Developments in International Law, Australian National University, Canberra.
Fallah, KL 2011, 'Strangers with Knives Between Their Teeth: The Relationship between International Law and Domestic Efforts to Outlaw Mercenary Activity in Africa', Institute for International and Comparative Law in Africa Research Discussion Series, University of Pretoria, South Africa.
Hitchens, LP 2011, ''Cash, bathhouses, and talkback': The inadequacy of Australian media regulation and why it matters', Media, Democracy and the Rule of Law: Global & Local, New Democracies & Old, University of New South Wales.
Hitchens, LP 2011, 'Media Regulatory Frameworks in the New Broadband Era: Securing Diversity', Digital Diversity Experts Workshop: Serving the Public Interest in the Age of Broadband, Fordham University, New York.
Holland, G 2011, 'Do jurors obey judicial instructions', The Courts and the Media in the Digital Era, Bond University.
Leary, DK 2010, 'Sustainable Management of Deep Sea Mining in the Pacific Region: Is this an Oxymoron? - A Lawyers Viewpoint', Proceedings of 2nd International Seminar on Islands and Oceans, 2nd International Seminar on Islands and Oceans, Ocean Policy Research Foundation, Tokyo, Japan, pp. 213-222.
Libesman, T 2011, 'Cultural Care for Indigenous Children in Out of Home Care:Respecting Rights and Identity', International Congress on Law and Mental Health, Berlin.
Riley, S 2011, 'Finding Nemo: Using 'Key Threatening Processes' to Regulate Invasive Alien Species in Australian Freshwater Ecosystems', Water and the Law: Towards Sustainability, Water and the Law: Towards Sustainability - IUCN Academy of Environmental Law 2011 Colloquium, IUCN Academy of Environmental Law, South Africa.
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The use of Key Threatening Processes (KTPs) is increasingly seen as a way of incorporating regulation of invasive alien species into land and water management regimes. This paper evaluates the use of KTPs in Australian jurisdictions, with emphasis on freshwater ecosystems. Although the use of KTPs provides a number of positive features the regime also manifests a number of gaps and inconsistencies. These include the fact that KTPs are not necessarily preventative in nature, their use largely being triggered once environmental damage has already occurred. Furthermore, KTPs tend to operate in a fragmented and inconsistent manner across the range of Australian jurisdictions. Consequently, while the use of KTPs represents an important regulatory tool, it is not a panacea for the problem of invasive alien species.
Rudduck, SG, Williams, M & Stoianoff, NP 2011, 'Visualizing the Shape of Quality: An application in the context of Intellectual Property', SHAPES 1.0 The Shape Of Things 2011, Proceedings of the First Interdisciplinary Workshop on SHAPES, Interdisciplinary Workshop on SHAPES, CUER Wokshop Proceeedings, Karlsruhe, Germany, pp. 1-10.
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The aim of this work is to explore how the concept of shape can be applied in the context of Intellectual Property Law (IPL). Despite the global nature of IPL, the system is plagued with considerable uncertainty, especially in the specific instrument of patents. We believe the shape concept can find a balance between the inventive ideas, patent claims and objects in the world. The outcomes of this can then be measured as a time-dependent expectancy that an invention will conform to legal rules when under examination by officials. Specifically, we establish an empirical-based benchmark which can be utilized to test whether shape (via visual figures) is useful in reducing the uncertainty (measured via number of examination actions) which an applicant might face in patenting technological ideas.
Searle, GH, Boydell, S, Crofts, P, Hubbard, P & Prior, JH 2011, 'The local impacts of sex industry premises: Imagination, reality and implications for planning', Proceedings of the World Planning Schools Congress 2011, World Planning Schools Congress, Global Planning Education Association Network (GPEAN), Perth, Western Australia.
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This paper uses survey data to investigate the community impacts of relatively liberal planning regulation of sex industry premises that has been instituted in Sydney. In this, it explores the contested relationship between community attitudes to sex premises, planning controls over such premises, and real world impacts arising from the application of these controls. The paper first looks at how the range of planning impacts from sex industry premises that were perceived in the past have framed the construction of present planning controls to regulate the sex industry in two Sydney local government areas (one inner and one middle). Survey perceptions of a sample of current residents and commercial firms located close to sex industry premises about possible impacts, as well as perceptions of sex premises in general, are described. The scope of impacts and perceptions measured draws on a range of research from legal studies, property and planning studies, and sociology. The findings are set against the operative planning controls and the assumptions and desired outcomes inherent in them in order to evaluate the appropriateness of the controls. The paper concludes with suggestions for amendments to controls that more closely reflect community perceptions of actual sex industry impacts rather than perceptions of assumed impacts, and reflections on the nature of the intersection of community attitudes to sex premises, planning controls, and the ensuing level and type of actual community impacts.
Stuhmcke, AG 2011, 'The Evolution of the Classical Ombudsman: A View from the Antipodes', Law Across Nations: Governance, Policy & Statutes, IAITL, Cyprus, pp. 589-601.
Tian, Y 2011, 'Enhancing Innovation & Protecting Security Interests in IP: Risks and Opportunities of the New Personal Property Securities (PPS) Regime on IP-Related Businesses', 3rd annual Conference on Innovation and Communications Law, Business School, University of Melbourne.
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The development of new technologies and the widespread of Internet communication networkshave both rendered possible the rise of businesses that own very few tangible assets and owetheir success almost exclusively to their Intellectual Property (IP)â. Under the currentinnovation-oriented global economy environment, the ability to use IPRs as the object of securityinterests is gradually being recognised as an increasingly attractive prospect.This paper will examine the law and the legal issues relating to the interaction between IP andsecurity interest law in Australia. It will particularly examine the new Personal PropertySecurities ("PPS") regime commencing in May 2011 and its likely impacts on nationalinnovation capability and on business operations of inventors, bankers, investors and other IPrelated companies.
Tian, Y 2011, 'IP Abuse Prevention and Competition Laws: A Comparative Study of Australia, China and Japan', Intellectual Property Discussion Group, Faculty of Law, Oxford University.
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This paper aims to examine the impacts of competition law on the intellectual property (IP) abuse prevention in Australia, Japan and China. The author first examines the true nature of the IP abuse conduct in the Agreement on Trade-Related Aspects of IP Rights (TRIPS). He then provides a brief overview of the recent development of the Chinese Anti-Monopoly Law 2008 and its implementing regulations, particularly focusing on the provisions on IP abuse prevention. He further compares and critically examines how Japan and Australia deal with the interface of IP and competition laws, particularly examining the likely effects and potential limits of their laws on the IP abuse prevention issue. Finally, by drawing on lessons from the experiences of Japan and Australia, the author provides some practical suggestions for future law reforms in China and other countries in this challenging area.
Tian, Y 2011, 'IP-related Antitrust Law & National Innovation Policy: A Comparative Study of Japan, Australia and China', the Second Asia-Pacific Innovation Conference, Singapore National University, Singapore.
van Rijswijk, HM & Crofts, P 2012, '"Negotiating the Relationship between Law and Violence: the vampire as a figure of ambivalent justice"', Socio-Legal Studies Association (UK), Socio-Legal Studies Association Conference 2011, Socio-Legal Studies Association (UK), Brighton, UK.
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Publication of abstract for conference
Varnham, S 2011, 'Hot Topics for Higher Education in Australia', the Ombuds Office in Canada Today: Looking Towards Tomorrow Conference, Vancouver, Canada, (audio presentation).
Varnham, S 2011, 'Legal Issues Facing student ombudsmen in Australian Universities', Sustainable Education, Schools, Families and Communities - Education law and policy perspectives, Darwin, Australia.
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Presentation as part of invited pre-conference symposium
Varnham, S & Booth, T 2011, 'To live and learn through democratic practices: a case study of citizenship and democracy in an Australian School', Annual Conference of the Education Law Association, Chicago, US.
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USB of papers
Varnham, S & Evers, M 2011, 'Are you the person who? Reflections on the challenges and opportunities of the role of student ombudsmen in an Australian University', European Network of Ombudsmen in Higher Education, Madrid, Spain.
Varnham, S, Booth, T & Evers, M 2011, 'Let's Ask the Kids! practising citizenship and democracy in Australian Schools', The Learner Conference, University of Mauritius, Mauritius.
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Paper later published in International Journal for Law and Education
Vijeyarasa, R 2011, 'Roadblocks to counter-trafficking: A comparative analysis of Vietnam, Ghana and Ukraine', International Colloquium: Debating Women: Past and Present, Funchal, Portugal.
Vijeyarasa, R 2011, 'Speak No Evil: The Unspoken Story of the Trafficking of Ghanaian Women', http://www.womensworlds.ca/program/, Women's World 2011, Ottawa, Canada.
Vrdoljak, A 2011, 'Restitution of Cultural Properties Trafficked During the Colonization Period: A Human Rights Perspective', Strategies to Build the International Network for the Return of Cultural Property, Korean National Commission for UNESCO, Seoul, Korea, pp. 197-208.
Burn, J, Simmons, F, Hollonds, J, Power, K, Stewart, P & Watson, N University of Technology Sydney and Good Shepherd Australia New Zealand 2011, From women's labour force to women's forced labour, migration and marriage, Sydney,Australia.
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This report identifies gaps in knowledge and services relating to the labour of women in Australia. Along with an assessment of the needs, it provides suggestions for a way forward in terms of possible partnerships for developing knowledge, services and advocacy.
Burn, JM & Ball, R Human Rights Law Centre 2011, Briefing Paper on Key Human Rights Issues in Australia, pp. 1-36, Australia.
Burn, JM & Simmons, F 2011, Forced and Servile Marriage: Anti-Slavery Project submission in response to the Australian Government Attorney-General’s Department Discussion Paper., pp. 1-1.
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Anti-Slavery Australia submits that the Australian Government’s response to forced marriage must be developed in close consultation with the community and must include effective strategies to protect people who have been, or are at risk of being, forcibly married. The submission recommends that Australia develops a hybrid civil and criminal legislative response to fulfil its obligations under international law.
Burn, JM & Simmons, F 2011, The Criminal Justice Response to Slavery and People Trafficking; Reparation; and Vulnerable Witness Protection, pp. 1-20.
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This submission highlights the shortcomings of the people trafficking offences set out in the Criminal Code Act 1995 (Cth). It also addresses the need for a holistic response to people trafficking, beyond the criminal justice system and law enforcement, which includes a visa framework and compensation scheme for victims.
Ison, N, Usher, J, Cantley-Smith, RM, Harris, SM & Dunstan, C Institute for Sustainable Futures, UTS and Monash University Faculty of Law 2011, The NEM Report Card: How well does the National Electricity Market serve Australia?, pp. 1-158, Sydney.
Libesman, T SNAICC 2011, Cultural care for Aboriginal and Torres Strait Islander Children in out of Home Care, pp. 1-95, Victoria.
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An evaluation of what is meant by cultural care for Aboriginal and Torres Strait Islander children in out of home care, the relationship between cultural care and the Aboriginal and Torres Strait Islander child placement principle and the relationship between cultural care, principles of self determination and Indigenous children's welfare and well being.
Libesman, T SNAICC 2011, The Cultural appropriateness of the LAC Assessment and Action Records, pp. 1-83, Victoria.
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This report exams the cultural appropriateness of the LAC Assessment and Action records for Aboriginal and Torres Strait Islander children in out of home care. Consideration is given to ethical issues with respect to the application of LAC with respect to monitoring the development and well being of Aboriginal and Torres Strait Islander children in out of home care.
Rawling, MJ 2011, Submission to the Commonwealth Senate Inquiry into the Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011 (Commonwealth), pp. 1-7.
Schofield-Georgeson, E 2011, Intersections Between the Law, Religion and Human Rights Project: Literature Review.
Slade, DM, Manidis, M, McGregor, J, Scheeres, H, Stein-Parbury, J, Dunston, R, Stanton, N, Chandler, E, Matthiessen, C & Herke, M University of Technology, Sydney 2011, Communicating in hospital emergency departments, Volume 1: Final report, Sydney.
Wangmann, JM Australian Domestic & Family Violence Clearinghouse 2011, Different Types of Intimate Partner Violence - An Exploration of the Literature, pp. 1-25, Sydney.
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The last 15 years has seen a growing body of research emphasising that not all intimate partner violence (IPV) is the same. There are key differences in terms of the presence of control, gender perpetration, severity and impact. Work on differentiation is diverse. It includes research exploring different types of IPV, as well as different types of male and female perpetrators of IPV.
Carter, DJ 2011, 'Law's 'insubordinate openness' and the use of HIV-Related Offences in the Governance of Healthcare in New South Wales'.
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Recently, the HIV sector in New South Wales has developed a strong interest in HIV-related criminal offences which have been vigorously contested in policy and public health literature. This research attempts to move beyond specific issues of public policy or doctrinal development and situates the imposition of HIV-related criminal offences as a part of a broader question of the nature of law itself, its place in contemporary approaches to regulation and understandings of power and importantly its relationship with other techniques of governance such as the disciplines of public health and health promotion in particular. The central argument of this research is that law is mischaracterised in current debates about the governance of HIV. In characterising the nature of law itself and the interplay between legal-juridical power on the one hand and bio- and disciplinary power on the other, an anaemic characterisation of the law has led to a kind of knee-jerk antinomianism which risks embedding or simply re-creating the problems which the entire law reform and public health project sets out to solve. I undertake the review of HIV-related criminal law through the work of Foucault. I use Foucault in an exegetical mode rather than the more traditional methodological application of Foucaults various methods. By reading Foucaults substantive statements on law we see that rather than Foucault "refus[ing] to accord any major role to legal regulation in creating the distinctive features of modernity, a revised characterisation of the governance of HIV requires that we cease portraying HIV-related law and public health approaches as mutually exclusive. We must reorient our understanding towards one where law and public health are understood to exist in a relationship of mutual co-constitution through processes of strategic withdrawal and conflict. This position provides a new contribution to a literature which has generally underplayed the dynamic interrelation of HIV-re...
Longman, CD, behrendt, L & Anthony, T 2011, 'Response to the NSW Law Reform Commission on Sentencing Law Review'.