Anthony, T 2011, 'Embedding Specific Graduate Attributes within Subjects: 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.
View description>>
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.
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.
View description>>
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.
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.
View description>>
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.
Filipa 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 PressOxford, United States, pp. 250-302.
View/Download from: Publisher's site
View description>>
Abstract This chapter discusses the protection of cultural heritage by humanitarian law (IHL), international human rights law (IHRL), and international criminal law (ICL). First, it outlines the exceptional treatment of cultural heritage in general international humanitarian law instruments including those covering non-international armed conflicts, and its overlap with international human rights law. Then, it details how this protection has been built upon by the specialist regime for the protection of cultural heritage during armed conflict and belligerent occupation developed under the auspices of UNESCO. Next, the chapter analyzes ICL jurisprudence from the International Military Tribunal, Nuremberg to the International Criminal Court for the former Yugoslavia, to show how efforts to prosecute violations of the laws and customs of war relating to cultural heritage have been intrinsic to the articulation and prosecution of crimes against humanity and genocide. Finally, it considers the evolving and potential future normative trends in this field in the light of recent developments with reference to obligations erga omnes, intentional destruction and the content of the obligation, and intangible heritage and cultural diversity.
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, N 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.
View/Download from: Publisher's site
View description>>
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.
Kaidonis, MA & Stoianoff, NP 2011, 'Chapter 24: Legislation, Citizens’ Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study' in Compliance and Enforcement in Environmental Law, Elgar, UK.
View/Download from: Publisher's site
Karpin, IA & Mykitiuk, R 2011, 'Transcending the Boundaries of Law' in Fineman, MA (ed), Transcending the Boundaries of Law: Generations of Feminism and Legal Theory, Routledge-Cavendish, Oxon, UK, pp. 115-130.
View/Download from: Publisher's site
View description>>
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).
Kennedy, A 2011, 'Biology, parentage and responsibility in Australian family law: Accounting for the 'vagaries of nature'' in Taking Responsibility, Law and the Changing Family, pp. 177-199.
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.
Nelson, JK, Dunn, KM & Paradies, Y 2011, 'Australian racism and anti-racism: Links to morbidity and belonging' in Mansouri, F & Lobo, M (eds), Migration, Citizenship and Intercultural Relations: Looking through the Lens of Social Inclusion, Ashgate Publishing Limited, UK, pp. 159-175.
Opeskin, B & Shearer, I 2011, 'Nationality and Statelessness' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Foundations of International Migration Law, Cambridge University Press, Cambridge, pp. 93-122.
View/Download from: Publisher's site
View description>>
Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad. Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.
Prior, J & Crofts, P 2011, 'Queerying urban governance: The emergence of sex industry premises into the planned city' in Doan, P (ed), Queerying Planning: Challenging Heteronormative Assumptions and Reframing Planning Practice, Ashgate Publishing Limited, New York, pp. 185-208.
View description>>
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.
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.
View description>>
NA
Stoianoff, N 2011, 'The Development of Intellectual Property Law in China' in China at 60, WORLD SCIENTIFIC, pp. 183-205.
View/Download from: Publisher's site
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.
View description>>
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.
Vrdoljak, AF 2011, 'Women and Private Military and Security Companies' in Francioni, F & Ronzitti, N (eds), War by Contract, Oxford University Press, United States, pp. 280-298.
View/Download from: Publisher's site
Watson, N 2011, 'Aboriginal and Torres Strait Islander Identities' in Deborah Barnes (ed), Nelson Aboriginal Studies, Cengage Learning Australia, South Melbourne, Victoria, pp. 43-52.
View description>>
Identity has long been and remains a bitterly contested issue. For the Coloniser, the power to define Aboriginal people facilitated colonisation. Terra nullius had the effect of erasing violent dispossession from the historical memory. The power has subsequently been used in various attempts to 'merge' Aboriginal people into Australian society, giving rise to the tragedies of the Stolen Generations. From the perspective of many Aboriginal people, this painful history remains palpable and, consequently, rhe power to define our identity is one that is jealously guarded. This chapter will be divided into two parts. Part 1 will provide a historical analysis of various attempts by the State to define and suppress Aboriginal identity. Part 2 ;viii discuss contemporary issues revolving around identity.
Watson, N 2011, 'Aboriginality and the Land' in Deborah Barnes (ed), Nelson Aboriginal Studies, CENGAGE LEARNING AUSTRALIA, South Melbourne, Victoria, pp. 29-41.
Anthony, T 2011, 'Sentencing Indigenous Riot Offenders in a Spatial Fantasy', Griffith Law Review, vol. 20, no. 2, pp. 385-420.
View/Download from: Publisher's site
View description>>
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.
Arrandale, VH, Brauer, M, Brook, JR, Brunekreef, B, Gold, DR, London, SJ, Miller, JD, Özkaynak, 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.
View/Download from: Publisher's site
Bennett, B & Carney, T 2011, 'Review Paper: Pandemic Preparedness in Asia: A Role for Law and Ethics?', Asia Pacific Journal of Public Health, vol. 23, no. 3, pp. 419-430.
View/Download from: Publisher's site
View description>>
Management of pandemic influenza relies on complex coordination of many different dimensions of the health and social care systems, emergency services, levels of national and local government, civil society, communications and media, and cultural expectations. Law is one small but important component of those arrangements, which touch on fundamental ethical debates. This review demonstrates that the Asian region is actively engaging those issues in diverse ways in light of their varied socioeconomic and cultural backgrounds, but scope remains for prioritising further research into these relationships.
Berg, L 2011, ''Mate Speak English, You're in Australia Now': English Language Requirements in Skilled Migration', Alternative Law Journal, vol. 36, no. 2, pp. 110-110.
Biber, K 2011, 'Crooks Like Us, Peter Doyle', Current Issues in Criminal Justice, vol. 23, no. 2, pp. 287-290.
View/Download from: Publisher's site
Biber, K 2011, 'Evidence from the Archive: Implementing the Court Information Act in NSW', SYDNEY LAW REVIEW, vol. 33, no. 3, pp. 575-598.
Boersma, M 2011, 'Untitled', FUNDAMENTAL AND APPLIED LIMNOLOGY, vol. 179, no. 1, pp. 1-1.
View/Download from: Publisher's site
Booth, T 2011, 'Crime Victims and Sentencing', Alternative Law Journal, vol. 36, no. 4, pp. 236-239.
View/Download from: Publisher's site
View description>>
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.
Callaghan, S & Ryan, CJ 2011, 'Refusing medical treatment after attempted suicide: rethinking capacity and coercive treatment in light of the Kerrie Wooltorton case.', J Law Med, vol. 18, no. 4, pp. 811-819.
View description>>
The inquest into the death of Kerrie Wooltorton in Norfolk, England, ignited extensive public debate on the scope of the common law right to refuse medical treatment where a patient is distressed, depressed or actively suicidal. In Australia, a patient's wishes need not be honoured if the patient is not legally competent, if he or she falls within the ambit of the compulsory treatment provisions in the mental health legislation, and possibly also if there is a recognised public interest in preventing suicide which is sufficient to override the patient's choice. This article argues that decisions about whether to give medical treatment despite an apparent refusal should be based solely on a determination of the patient's competence to make their own choice. However, the test for legal competence must take into account the person's agency in making the decision, and decisions which will effectively end the person's life must be shown to be thought through.
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.
View/Download from: Publisher's site
View description>>
AbstractThis 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.
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.
View/Download from: Publisher's site
View description>>
This paper reflects on aspects of the meaning of new social security as ‘conditional welfare’ (such as welfare quarantining) and its implications for client rights, advocacy and public policy accountability. The paper considers the rising reliance on conditional welfare and related measures such as ‘linked‘, localised or place‐based welfare, and the increasing complexity of welfare discretions. The paper essentially makes the argument that it is past time to begin to debate the pros and cons for Australia of conditional welfare as it impacts on administrative law and new forms of welfare advocacy.
Carney, T & Tait, D 2011, 'Mental Health Tribunals—Rights, Protection, or Treatment? Lessons from the ARC Linkage Grant Study?', Psychiatry, Psychology and Law, vol. 18, no. 1, pp. 137-159.
View/Download from: Publisher's site
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.
Crofts, P 2011, 'Brothels: Outlaws or Citizens?', International Journal of Law in Context, vol. 6, no. 2, pp. 151-166.
View description>>
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.
de Zwart, M, Lindsay, D, Henderson, M & Phillips, M 2011, 'Randoms vs Weirdos', Alternative Law Journal, vol. 36, no. 3, pp. 153-157.
View/Download from: Publisher's site
Dobinson, IR 2011, 'Drug Supply, Self Administration and Manslaughter: An Australian Perspective', Journal of the Australasian Law Teachers Association, vol. 4, no. 1 & 2, pp. 41-52.
Dunn, K & Nelson, JK 2011, 'Challenging the Public Denial of Racism for a Deeper Multiculturalism', Journal of Intercultural Studies, vol. 32, no. 6, pp. 587-602.
View/Download from: Publisher's site
View description>>
The further development of Australian multiculturalism must squarely address racism, and a primary step must be the acknowledgement of racism. The Challenging Racism Project (2001-2008) data provide a clear picture of the acknowledgement of racism and of Anglo cultural privilege among Australians. Encouragingly, most Australians recognise that racism is a problem in Australian society. A little under half, however, deny that there is Anglo cultural privilege. Perhaps surprisingly, respondents from non-Anglo-Australian backgrounds, including those born in the Middle East and South Asia, were significantly more likely than those from Anglo backgrounds and Australian-born respondents to deny that racial prejudice exists in Australia. Cultural hierarchies of citizenship regulate the acknowledgement of racism, encouraging denial and deflection, and punishing 'complaint' from those more exposed to racism. The broader social pathology identified by this paper is an unevenness in the sense of citizenship across ethnic groups, and addressing this social weakness must be a macro-level ambition for the further development of Australian multiculturalism. © 2011 Taylor and Francis Group, LLC.
Esteban, M, Leary, D, Zhang, Q, Utama, A, Tezuka, T & Ishihara, KN 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.
View/Download from: Publisher's site
View description>>
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, B & Pettit, R 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.
View/Download from: Publisher's site
View description>>
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.
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.
View/Download from: Publisher's site
View description>>
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.
Grey, A 2011, 'China Law Update: Cases: Zhang Xian Fa v Beijing Century Construction Company & Jiangsu First Construction Installation Company', Tsinghua China Law Review, vol. 3, no. 373, pp. 369-399.
Gumley, W & Stoianoff, N 2011, 'Carbon Pricing Options for a Post-Kyoto Response to Climate Change in Australia', Federal Law Review, vol. 39, no. 1, pp. 131-159.
View/Download from: Publisher's site
Gumley, WS & 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.
View description>>
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 & Chew, E 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.
View/Download from: Publisher's site
View description>>
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. © 2011 The Chinese Economic Association - UK.
Hitchens, L 2011, 'Broadband in Australia: First Steps in Policy and Regulation', Journal of Media Law, vol. 2, no. 2, pp. 213-213.
Kirkby, D 2011, 'Sex Discrimination, Workplace Opportunities and Law’s Transformative Promise', Australian Feminist Law Journal, vol. 34, no. 1, pp. 127-145.
View/Download from: Publisher's site
Leary, D & 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.
View/Download from: Publisher's site
View description>>
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
Leary, DK 2011, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 20, no. 2009, pp. 775-779.
Lee, K 2011, 'New Pricing Principles Proposed for Declared Fixed Line Services', Australian Journal of Competition and Consumer Law, vol. 19, no. 1, pp. 52-56.
Lindsay, D, De Zwart, M, Henderson, M & Phillips, M 2011, 'Understanding legal risks facing children & young people using social networking sites', Telecommunications Journal of Australia, vol. 61, no. 1.
View description>>
Children and young people are increasingly participating in everyday use of Social Networking Sites (SNS), such as Facebook or MySpace, to the extent that such interactions have come to be seen as an essential part of growing up. To date, at least in Australia, mainstream discussion and policy debates about young people and SNS have tended to focus on high profile risks associated with these activities, such as cyber-bullying and online grooming of children by adults. While not dismissing the potential risks of SNS use by young people, it is important to understand the potential benefits that may accrue from online social interactions, including the acquisition of social and technical skills that are likely to be important for future digital citizens. Moreover, it is also important not to ignore other potential, albeit less dramatic, risks that may arise from SNS use. This article, which reports on research conducted for a project funded by the Victorian Law Foundation, focuses on the range of legal risks that children and young people may face in their everyday use of SNS. These legal risks are likely to receive much greater attention as a result of a recent high-profile case involving the posting of nude photographs of Australian footballers to Facebook by a Melbourne teenager. The article identifies and explains the main areas of the law that may be breached by common uses of SNS, before explaining the legal issues arising from the Melbourne schoolgirl incident. It then summarises the results of surveys and focus groups conducted with Victorian High School students about their perceptions of the risks associated with use of SNS. The article concludes with an analysis of the research findings, and some suggestions as to how the popularity of SNS with young people may be used to engage students in learning about, and debating, the application of the law to online activities, especially the use of SNS. The full findings of the project will be available ...
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.
View/Download from: Publisher's site
View description>>
This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.
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.
View/Download from: Publisher's site
McPherson, M, Horowitz, LS, Lusher, D, di Giglio, S, Greenacre, LE & Saalmann, YB 2011, 'Marginal Women, Marginal Rights: Impediments to Gender-Based Persecution Claims by Asylum-seeking Women in Australia', Journal of Refugee Studies, vol. 24, no. 2, pp. 323-347.
View/Download from: Publisher's site
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.
View description>>
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.
Millbank, J 2011, 'The Role of ‘Functional Family’ in Same-Sex Family Recognition Trends', Child and Family Law Quarterly, vol. 20, no. 2, pp. 155-182.
View description>>
A relatively overlooked aspect of trends according relationship rights to same-sex couples and families in Western nations in recent times is the extent to which they have drawn upon the sociological concept of functional family. The kernel of functional family claims in law is that rights should flow from the way a relationship functions rather than being limited by its legal form. This article explores the influence and development of functional family approaches in same-sex family recognition measures in recent decades in Canada, Australia, Britain and the United States.
Millbank, J & Dauvergne, C 2011, 'Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law', Columbia Journal of Gender and Law, vol. 19, no. 3.
View description>>
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.
Muir, K & Goldblatt, B 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.
View/Download from: Publisher's site
View description>>
United Nation's 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. © 2011 Taylor & Francis.
Nelson, JK, Dunn, KM & Paradies, Y 2011, 'Bystander Anti-Racism: A Review of the Literature', Analyses of Social Issues and Public Policy, vol. 11, no. 1, pp. 263-284.
View/Download from: Publisher's site
View description>>
This review of literature on anti-racist prosocial action points to the strong and largely untapped policy potential of bystander anti-racism. Bystander anti-racism is conceptualized as action taken by 'ordinary' people in response to incidents of interpersonal or systemic racism. The utility of bystander anti-racism is also demonstrated, with evidence suggesting productive effects for targets and bystanders, as well as perpetrators. The relative merits of confrontational or diplomatic action are reviewed, as is the delicate balance between communicating disapproval and maintaining interpersonal relations. The potential of bystander anti-racism will be enhanced where there are social norms that are intolerant of racism. The literature has paid little attention to the influence of context or to affective drivers of bystander anti-racism. We recommend changes to Ashburn-Nardo's five-stage Confronting Prejudice Model, to better facilitate anti-racism policy and practice. The additions adapt the model to organizational settings, and more strongly acknowledge the importance of social norms and contexts, as well as the specific functions of racism. Through these changes, there is a scope to increase the prominence of bystander anti-racism as a vital element of anti-racism policy. © 2011 The Society for the Psychological Study of Social Issues.
O’Connell, K 2011, 'From Black Box to ‘Open’ Brain', Griffith Law Review, vol. 20, no. 4, pp. 883-904.
View/Download from: Publisher's site
View description>>
© 2011, Routledge. All rights reserved. The brain is commonly thought of as a bounded and private organ of selfhood – a repository of individual thoughts and desires, a ʻblack boxʼ closed against incursions. 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 language 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 change 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 opportunities 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 developments 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, inseparable from its functioning within the body and environment, constituted by and constitutive of the Other.
Opeskin, B 2011, 'Managing International Migration in Australia: Human Rights and the ‘Last Major Redoubt of Unfettered National Sovereignty’', International Migration Review, vol. 45, no. 3, pp. 551-585.
View/Download from: Publisher's site
View description>>
This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains 'the last major redoubt of unfettered national sovereignty.' © 2012 by the Center for Migration Studies of New York.
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.
Opeskin, B 2011, 'The High Cost of Judges: Reconsidering Judicial Pensions and Retirement in an Ageing Population', Federal Law Review, vol. 39, no. 1, pp. 33-70.
View/Download from: Publisher's site
Opeskin, B & Kippen, R 2011, 'The Balance of the Sexes: The Feminisation of Australia’s Population, 1901–2008', Population Space and Place, vol. 18, no. 5, pp. 517-533.
View/Download from: Publisher's site
View description>>
The numerical balance between males and females in a population has been of long-standing interest to social scientists because of its effects on marriage, fertility, and the societal roles of men and women. Yet, little attention has been paid to mapping changes in sex ratios or identifying their demographic determinants. This study addresses this gap by examining secular changes in the balance between males and females in Australia from 1901 to 2008. A method of decomposing these changes into components due to sex differentials in fertility, mortality, and migration is described and applied. The study describes the gradual feminisation of the Australian population over a century and gives an account of how the ratio of the sexes differs by age and how long it takes to exhaust the numerical superiority of men at birth. The study explains these changes by examining long-term trends in the sex ratio of births, deaths, and net migration for successive cohorts. The relatively high mortality of males and the emerging pattern of feminine net migration since the 1970s explain the transformation of the Australian population from its highly masculine past to its contemporary state of greater balance between the sexes. © 2011 John Wiley & Sons, Ltd.
Rachul, CM, Ries, NM & Caulfield, T 2011, 'Canadian Newspaper Coverage of the A/H1N1 Vaccine Program', Canadian Journal of Public Health, vol. 102, no. 3, pp. 200-203.
View/Download from: Publisher's site
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 2011, 'Regulating public health risks: case studies of food allergens and transfusion transmissible infections.', Health Law J, vol. 19, pp. 1-44.
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.
View/Download from: Publisher's site
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.
Ryan, C & Callaghan, S 2011, 'NSW law, ECT and DBS', Australasian Psychiatry, vol. 19, no. 1, pp. 85-85.
View/Download from: Publisher's site
Ryan, CJ & Callaghan, S 2011, 'Protecting Our Patients' Rights', Australian & New Zealand Journal of Psychiatry, vol. 45, no. 2, pp. 180-180.
View/Download from: Publisher's site
Schofield, T, Hepworth, J, Jones, M & Schofield, E 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.
View/Download from: Publisher's site
View description>>
The trafficking of women has attracted considerable international and national policy attention, particularly since the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000), of which the Australian Government has been a signatory since 2005. The provision of health and community services for trafficked women is a central feature of this Protocol, but in Australia service provision is made difficult by how trafficked women are understood and treated in policy and legal terms. This study aimed to explore the provision of health and community services for trafficked women in the Greater Sydney region through a series of interviews with government and non‐government organisations. The findings reveal that services have been inaccessible as a result of sparse, uncoordinated, and poorly funded provision. The major obstacle to adequate and appropriate service provision has been a national policy approach focusing on ‘border protection’ and criminalisation rather than on trafficked women and their human rights. We conclude that further policy development needs to focus on the practical implications of how such rights can be translated into the delivery of health and community services that trafficked women can access and be supported by more effectively.
Sheldon, S 2011, 'ONLY SKIN DEEP? THE HARM OF BEING BORN A DIFFERENT COLOUR TO ONE'S PARENTS: A (a minor) and B (a minor) by C (their mother and next friend) v A Health and Social Services Trust [2010] NIQB 108; [2011] NICA 28', Medical Law Review, vol. 19, no. 4, pp. 657-668.
View/Download from: Publisher's site
Silink, A 2011, 'Equitable Estoppel in 'Subject to Contract' Negotiations', Journal of Equity, vol. 5, pp. 252-287.
View description>>
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.
Stewart, P 2011, 'Tortious Remedies for Deliberate Wrongdoing to Victims of Human Trafficking and Slavery in Australia', University of New South Wales Law Journal, vol. 34, no. 3, pp. 898-937.
Stuhmcke, A 2011, 'The Criminal Act of Commercial Surrogacy in Australia: A Call for Review', SSRN Electronic Journal, vol. 18, no. 3, pp. 601-613.
View/Download from: Publisher's site
View description>>
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 Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.
Tabucanon, GM & Opeskin, B 2011, 'The Resettlement of Nauruans in Australia: An Early Case of Failed Environmental Migration', Journal of Pacific History, vol. 46, no. 2, pp. 337-356.
View/Download from: Publisher's site
Thorpe, D 2011, 'CEOs and domestic tribunals—The rights and risks of penalising athletes for off-field misconduct', Sport Management Review, vol. 14, no. 3, pp. 269-286.
View/Download from: Publisher's site
View description>>
Modern sports management necessitates the use of disciplinary systems to both dissuade and to penalise athletes who engage in off-field misconduct. This paper considers the relative legal risks and rights of penalisation instituted by a domestic tribunal and the sport's Chief Executive Officer.
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.
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.
View description>>
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 & Evers, M 2011, '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.
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.
View description>>
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.
Vrdoljak, AF 2011, 'Genocide and Restitution: Ensuring Each Group's Contribution to Humanity', European Journal of International Law, vol. 22, no. 1, pp. 17-47.
View/Download from: Publisher's site
View description>>
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.
Watson, N 2011, 'The Northern Territory Emergency Response — Has It Really Improved the Lives of Aboriginal Women and Children?', Australian Feminist Law Journal, vol. 35, no. 1, pp. 147-163.
View/Download from: Publisher's site
View description>>
In 2007 the Commonwealth imposed a series of measures under the umbrella of the Northern Territory Intervention, in response to allegations of the widespread sexual abuse of Aboriginal children and violence inflicted against Aboriginal women. Some of the measures were controversial, not only because of the absence of prior consultation, but also because of their blanket operation. In particular, the income management regime was imposed on entire communities, as an attempt to discourage undesirable behaviours by regulating the spending of income support payments. There has been little debate among feminist scholars who publish in this forum on how feminists should approach the measures. This paper argues that feminist scholars should consider how specific measures may impact on Aboriginal women's daily lives, engage with research and contextualise their analysis with Aboriginal women's historical experience of state interventions
Watson, N 2011, 'The Northern Territory Emergency Response: The More Things Change, The More They Stay the Same', Alberta Law Review, vol. 48, no. 4, pp. 905-905.
View/Download from: Publisher's site
View description>>
The Northern Territory Emergency Response (NTER) was a raft of measures introduced by the Commonwealth of Australia in response to allegations of child sexual abuse in Northern Territory Aboriginal communities. The measures included the compulsory acquisition of Aboriginal lands, the quarantining of welfare payments, prohibitions on alcohol, and the vesting of expansive powers in the Commonwealth Minister to intervene in the affairs of Aboriginal organizations. This article aims to provide a brief historical background of Aboriginal people's experiences with the law in Australia, discuss certain provisoins of the NTER, and, finally, examine the consequences three years after the implementation of the NTER. Through this analysis, the author suggests that history remains a powerful influence, resulting in the NTER being based on assumptions of Aboriginal people that are grounded in a racist past. Further, independent studies have shown that the NTER has been largely ineffective at accomplishing its stated objectives.
Anthony, T 1970, '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 1970, '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.
View description>>
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.
Berg, LA 1970, 'Refugee claims on the basis of transgender identity: trends in the case law', Fleeing Homophobia: Asylum claims related to sexual orientation and gender identity in the EU, Amsterdam, Holland.
Booth, T 1970, '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.
View description>>
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.
Furlong, MJ, Martinez, R, Amirhaghi, S, Small, D, Smith, B & Mowbray, A 1970, 'Scaling up antimonide wafer production: innovation and challenges for epitaxy ready GaSb and InSb substrates', SPIE Proceedings, SPIE Defense, Security, and Sensing, SPIE, FL, Orlando.
View/Download from: Publisher's site
Kaidonis, MA & Stoianoff, NP 1970, 'Legislation, Citizens’ Rights, and the Self-Determination of a Developing Country: A Papua New Guinean Case Study', IUCN Academy of Environmental Law 2006 Colloquium, Implementing Environmental Legislation: The Critical Role of Enhancement and Compliance, Edward Elgar Publishing, Pace University School of Law in White Plains, New York.
View/Download from: Publisher's site
Leary, DK 1970, '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 1970, 'Cultural Care for Indigenous Children in Out of Home Care:Respecting Rights and Identity', International Congress on Law and Mental Health, Berlin.
Riley, S 1970, '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.
View description>>
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, MA & Stoianoff, N 1970, 'Visualizing the shape of quality: An application in the context of intellectual property', CEUR Workshop Proceedings, Interdisciplinary Workshop on SHAPES, CUER Wokshop Proceeedings, Karlsruhe, Germany, pp. 1-10.
View description>>
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 1970, '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.
View description>>
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.
Simmons, F & Harris, R 1970, 'The Promise and Limits of International Law: Could the WTO Accommodate Trade Sanctions on Goods Contaminated by Modern-day Slavery?', 19th Annual Australian New Zealand Society of International Law (ANZSIL) Conference,, Canberra.
Stuhmcke, AG 1970, 'The Evolution of the Classical Ombudsman: A View from the Antipodes', Law Across Nations: Governance, Policy & Statutes, IAITL, Cyprus, pp. 589-601.
van Rijswijk, HM & Crofts, P 1970, ''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.
View description>>
Publication of abstract for conference
Varnham, S & Booth, T 1970, '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.
View description>>
USB of papers
Varnham, S & Evers, M 1970, '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 1970, 'Let's Ask the Kids! practising citizenship and democracy in Australian Schools', The Learner Conference, University of Mauritius, Mauritius.
View description>>
Paper later published in International Journal for Law and Education
Vijeyarasa, R 1970, 'Roadblocks to counter-trafficking: A comparative analysis of Vietnam, Ghana and Ukraine', International Colloquium: Debating Women: Past and Present, Funchal, Portugal.
Vijeyarasa, R 1970, '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 1970, '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.
