Publications

Dorsett, S 2012, Jurisdiction.
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© 2012 Shaunnagh Dorsett and Shaun McVeigh. This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.

Dorsett, S & McVeigh, S 2012, Jurisdiction, 1, Routledge-Cavendish, Oxford.
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This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).

Hawes, C 2012, The Chinese Transformation of Corporate Culture, 1, Routledge, UK.
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© 2012 Colin S.C. Hawes. In recent years, Chinese policymakers and corporate leaders have focused significant attention on the concept of corporate culture. This book will reveal the political, social and economic factors behind the enormous current interest in corporate culture in China and provide a wide range of case studies that focus on how large corporations like Haier, Huawei and Mengniu have attempted to transform their cultures, and how they represent themselves as complying with the Chinese government’s interpretation of 'positive' corporate culture.Hawes demonstrates how the foreign concept of corporate culture has been re-defined in China to fit the Chinese political, social and cultural context. He examines how this re-definition of corporate culture reflects a uniquely Chinese conception of the purposes and social functions of the capitalist business corporation and how the Chinese Communist Party’s active promotion of 'socialist' corporate culture evidences a shift in the Party’s identity towards a business-friendly champion of corporate and economic development.This work will be of great interest to students and scholars of Asian Studies, Business and Management and Chinese studies.

Johnstone, R, McCrystal, S, Nossar, I, Quinlan, M, Rawling, MJ & Riley, J 2012, Beyond Employment, 1, Federation Press, Sydney, Australia.
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Australian labour law, at least from the mid-twentieth century, was dominated by the employment paradigm: the assumption that labour laws scope was the regulation of employment relationships full-time and part-time, and continuing, fixed term or casual with a single (usually corporate) entity employer. But no sooner had the employment paradigm established and consolidated its shape, it began to fall apart. Since the 1980s there has been a significant growth of patterns of work that fall outside this paradigm, driven by organisational restructuring and management techniques such as labour hire, sub-contracting and franchising. Beyond Employment analyses the way in which Australian labour law is being reframed in this shift away from the pre-eminence of the employment paradigm. Its principal concern is with the legal construction and regulation of various forms of contracting, including labour hire arrangements, complex contractual chains and modern forms like franchising, and of casual employment. It outlines the current array of work relationships in Australia, and describes and analyses the way in which those outside continuous and fixed term employment are regulated. The book seeks to answer the central question: How does law (legal rules and principles) construct these work relationships, and how does it regulate these relationships?

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2012, Foundations of International Migration Law, Cambridge University Press.
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International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

Stewart, PE & Stuhmcke, AG 2012, Australian Principles of Tort Law, 3rd, Federation Press, Sydney.

Stoianoff, NP, Roy, A, Reynolds, R & Adrian, A 2012, Intellectual Property - Text and Essential Cases, 4th, The Federation Press.

Stuhmcke, AG 2012, Legal Referencing, 4th, LexisNexis, Sydney.

Anthony, T & van Rijswijk, H 2012, 'Parental 'Consent' to Child Removal in Stolen Generations Cases' in Kirkby, D (ed), Past Law, Present Histories, The Australian National University, Canberra, pp. 193-208.
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Our reading of recent Stolen Generations cases argues that courts prior to the Lampard-Trevorrow (2007) treated consent as an individual act, freely and voluntarily given by a liberal subject. Consent was seen as a legitimate factor that duly activated the powers of the legislation to bring about legal removal, according to Justice Maurice O Loughlin in Cubillo. In the previous Stolen Generations case of Williams, formal consent had barred false imprisonment and trespass on the basis that a child cannot be imprisoned if her mother consented to the removal. This chapter goes further than simply suggesting that Aboriginal consent has been misread by the courts which was clearly the situation until the case of Lampard-Trevorrow. It also proposes that consent was, and is still used in an underhanded way by the state to legitimise its actions and protect itself from liability. After all, most statutory creatures governing the Stolen Generations allowed for removal, irrespective of consent. The state, nonetheless, sought to procure consent in order to rationalise the policy, facilitate removals, and shift the responsibility for removal from the state to Aboriginal parents.

Carney, T 2012, 'Guardianship, “Social” Citizenship and Theorising Substitute Decision-Making Law' in Beyond Elder Law, Springer Berlin Heidelberg, pp. 1-17.
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© 2012 Springer-Verlag Berlin Heidelberg. All rights are reserved. This chapter reviews different approaches to management of declining cognitive and decision-making powers of aged citizens to determine whether the most appropriate contemporary balance points have been found between philosophical values of autonomy and paternalism, the respective roles of state and civil society, respect for cultural values and pluralism, and tolerance of reasonable degrees of individual risk. Particular attention is devoted to the implications of preferences for supported decisionmaking rather than substitute decisionmaking, as expressed in recent international conventions. It argues that the civil citizenship goal of maximal social participation by aged citizens retains its appeal, resonating with contemporary 'capability' theories of justice. However countries must remain mindful of the need to craft laws, institutions and programs in light both of domestic cultural values and evidence-based assessments of competing legal or other policy instruments.

Crofts, P, Haesler, A & Miles, A 2012, 'Criminal Law' in Cody, A, Ross, N & Waldon, S (eds), The Law Handbook, Thomson Reuters, Pyrmont, pp. 441-459.

Dorsett, S 2012, '‘Destitute of the knowledge of God’: Māori Testimony Before the New Zealand Courts in the Early Crown Colony Period' in Kirkby, D (ed), Past Law, Present Histories, ANU Press, Canberra, pp. 39-57.
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was to allow colonial legislatures to pass acts or ordinances to allow their indigenous inhabitants to give unsworn testimony before the courts. Unsworn testimony was testimony given by those who were not able to take the oath. At common law the rule was that evidence could only be given on oath, rendering those devoid of religious belief incompetent to testify. In British colonies, therefore, this rule resulted in most of the indigenous inhabitants being unable to give evidence before English courts. This was particularly problematic in the Australian colonies. The imperial Act of 1843 was the outcome of various ine"ectual attempts to allow for such evidence by way of local act or ordinance, particularly in New South Wales and, more latterly, Western Australia. While some attention has been paid to the politics and processes of law reform concerning unsworn testimony in empire, and the ways in which such reforms formed part of broader disputes about the shape of colonial governments,2 these discussions have almost entirely revolved around the Australian colonies.3 New Zealand has received comparatively little attention.

Dorsett, S & McVeigh, S 2012, 'Between Indigenous and Settler Governance' in Ford, L & Rowse, T (eds), Between Indigenous and Settler Governance, Routledge, Oxon, pp. 162-173.
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Kirkby, D 2012, 'Introduction: Interdisciplinarity in the Study of Law's History', AUSTRALIAN NATL UNIV, pp. 1-+.

Kirkby, D 2012, ''The sailor is a human being': Labour Market Regulation and the Australian Navigation Act 1912', AUSTRALIAN NATL UNIV, pp. 177-192.

Klettner, A 2012, 'Corporate Governance and the Global Financial Crisis: The Regulatory Response' in Clarke, T & Branson, D (eds), The SAGE Handbook of Corporate Governance, SAGE Publications Ltd, London, UK; Thousand Oaks, CA, pp. 556-584.
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Lee, K & Prime, J 2012, 'US Telecommunications Law' in Walden, I (ed), Telecommunications Law and Regulation, Oxford University Press, Oxford, pp. 187-274.

Libesman, T 2012, 'International Human Rights Law and the Needs of Indigenous Children' in Sheehan, R, Rhoades, H & Stanley, N (eds), Vulnerable children and the law, Jessica Kingsley Publishers, London and Philadelphia, pp. 181-198.
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This chapter explores some of the ways in which international human rights law offers a framework within which Indigenous children and young people's welfare can be addressed. It considers how the re-characterisation of international law, from universal and transcendental to pluralising and inclusive, has been theoretically and practically relevant to Indigenous children and young people's rights. It focuses on Indigenous peoples' engagement with the United Nations in the context of evolving understandings of principles of selfdetermination as they relate to Indigenous children and young people. It explores these issues through two Australian-based case studies: the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP), with particular reference to the State of Victoria, and the Northern Territory Emergency Response (NTER) in the Northern Territory.

Millns, S & Sheldon, S 2012, 'Abortion' in Conscience and Parliament, pp. 6-23.

Opeskin, B & Nwauche, ES 2012, 'Constitutions, Populations and Demographic Change' in Tushnet, M, Fleiner, T & Saunders, C (eds), Routledge Handbook of Constitutional Law, Routledge, USA, pp. 455-468.
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In late 2011 the world marked the arrival of its seven- billionth human inhabitant. It had taken just 12 years for the last billion people to be added to world population; the next billion is expected to be added within 14 years, by 2025. The United Nations projects that 2.4 billion people will be added to the world’s 2010 population by 2050. Some 97 percent of this growth will be in less developed regions—mostly in Africa and Asia—and nearly all in urban centres. Europe, by contrast, is projected to decline in absolute population, despite signifi cant immigration. Changes of this scale generate signifi cant long- term social transformations within countries, as populations change in size, composition and spatial distribution. It might be expected that constitutions would anticipate or refl ect such changes because constitutions are intended to establish an enduring legal architecture for the governance of social and political communities. While many constitutions reveal an awareness of population dynamics, for others the impact can be subtle or fragmented. The link between constitutions and populations attracted attention in the 1970s and 1980s, after Paul Erlich’s book, The Population Bomb , generated widespread international concern about the Malthusian calamity that might arise from unchecked population growth in a world of fi nite resources (Ehrlich). In that context, several scholars examined how the US Constitution might regulate demographic processes, but the issue has now largely slipped from view. This Chapter seeks to address this gap.

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2012, 'Conceptualising international migration law' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Foundations of International Migration Law, Cambridge University Press, pp. 1-16.
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© Cambridge University Press 2012. Migration has been an integral part of human activity for as long as people have inhabited the earth. Whether moving as individuals, families or tribes, migration is an age-old response to the physical need for food, shelter and security, and the psychological need for adventure and exploration. However, while migration has marked all periods of human history, the phenomenon of ‘international migration’ had to await the reordering of the geopolitical landscape as a collection of territorial States in which governments had authority over settled populations residing within defined geographic boundaries. The Treaty of Westphalia (1648) was a critical turning point in establishing that new landscape, but for the next two centuries individuals still enjoyed substantial freedom in traversing the boundaries of the State. This reflected an attitude of hospitality to strangers that was inherited from ancient cultures and expressed through cosmopolitanism. This attitude can be seen in the scholarly works of the great writers of international law of the eighteenth and nineteenth centuries, who, with few exceptions, took a liberal attitude to the movement of people across borders for trade, commerce and other purposes. If law in this early period paid scant attention to regulating migration, it was partly for the practical reason that the number of people involved was modest because modes of transport were confined to land crossings by foot or horse, and sea crossings by wind-powered sailing vessels. There were some notable exceptions to this laissez-faire approach, but the circumstances in which law was invoked to regulate international migration were few.

Riley, J 2012, 'A blurred boundary between entrepreneurship and servitude: Regulating business format franchising in Australia' in Fudge, J, McCrystal, S & Sankaran, K (eds), Challenging the Legal Boundaries of Work Regulation, Hart Pub Limited, pp. 101-119.
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Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labor regulation, this collection of original case studies illustrates the wide range of different forms of regulation ...

Stoianoff, NP & Blazey, P 2012, 'Intellectual Property Laws and Governance' in Blazey, P & Chan, KW (eds), Commercial Law of the People's Republic of China, LAWBOOK CO., Sydney, pp. 167-180.
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Commercial law plays a large part in China's transition to its status as a major trading nation. This book contains chapters that focus on areas of the law pertinent to China's continuing economic development. It provides an analysis of the Five Year Plans and their effect on the development of and changes in commercial law. China is focused on developing its internal market and Commercial Law of the People's Republic of China provides an examination of a number of highly relevant topics, such as Company Law, Labour Law, Property Law, Intellectual Property Law, Consumer Law, Energy Law and Renewable Energy Law. Chapters on Tax Law, Competition Law and Policy, and Commercial Arbitration Law written by experts in their field provide an up-to-date and in-depth coverage of other important commercial law subjects. This book acknowledges that China's rapid development is affected by policy changes on issues such as urbanisation, the structure of the industrial sector and the environment. These changes and their effect on the national economy and the legal system are discussed in the book.

Vrdoljak, AF 2012, 'Human rights and illicit trade in cultural objects' in Borellli, S & Lenzerini, F (eds), Studies in Intercultural Human Rights, Martinus Nijhoff Publishers, Leiden, pp. 107-140.
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Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many States, widespread non-compliance and lack of enforcement has been the norm rather than the exception.

Anthony, T 2012, 'IS THERE SOCIAL JUSTICE IN SENTENCING INDIGENOUS OFFENDERS?', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 35, no. 2, pp. 563-597.
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This article considers the shift away from the Fernando principles that provided mitigation for Indigenous offenders in disadvantaged contexts. It evaluates the weaknesses of a judicial recognition model for social justice and considers alternative sentencing regimes that empower Indigenous communities.

Biber, K 2012, '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 2012, 'How Silent is the Right to Silence?', Cultural Studies Review, vol. 18, no. 3, pp. 148-170.
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A long-held and fundamental principle of our criminal justice system is that people accused of crimes have a right to silence, arising from the presumption of innocence. Rules of evidence try to protect this `right during trial, by ensuring that juries understand that adverse inferences cannot be drawn from the silence of the accused. Silence, in court, can mean nothing, and we are not to speculate about what might motivate an accused person to remain silent, or what they might have said had they spoken. However, an examination of the jurisprudence in this area shows that the law is often not dealing with actual silence; sometimes when the law refers to the `right to silence, it seems to mean a `refusal to hear. In other instances, there is actual silence, and yet the law refuses to subject that silence to any critical interpretation, insisting that we cannot infer anything from it. While we have learned, from theatre, music, linguistics, religion and psychology, to develop sophisticated means for interpreting silence, the law demands that we set aside these interpretive tools, hearing silence that isnt there, and inferring nothing about something.

Booth, T 2012, ''Cooling out' victims of crime: Managing victim participation in the sentencing process in a superior sentencing court', AUSTRALIAN AND NEW ZEALAND JOURNAL OF CRIMINOLOGY, vol. 45, no. 2, pp. 214-230.
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Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is a contentious aspect of contemporary criminal justice. A particular concern is that the disjuncture between the legal goals of the sentencing hearing on the one hand and the goals of victims on the other can generate tension and conflict in the courtroom and threaten the integrity of the process. The subject of this article is the management and containment of victim participation in 18 sentencing hearings observed in the NSW Supreme Court. It is argued that various cooling out structures and processes effectively managed and contained the emotional tension in the courtroom as well as assisted victims to adjust to the legal constraints and the compromise inherent in their position in the process.

Bowley, RN 2012, '‘ASX consults on proposed changes to continuous disclosure guidance’', Butterworths Corporation Law Bulletin, vol. 2012, no. 22, pp. 6-10.

Bowley, RN 2012, ''ASIC review of the custodial and depositary services sector'', Butterworths Corporation Law Bulletin, vol. 2012, no. No. 15, pp. 6-9.

Byrnes, A & Goldblatt, B 2012, 'Justice for All? Ten Years of the International Criminal Court', Australian Journal of Human Rights, vol. 18, no. 2, pp. 69-74.
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Callaghan, S & Ryan, CJ 2012, 'Rising to the human rights challenge in compulsory treatment – new approaches to mental health law in Australia', Australian & New Zealand Journal of Psychiatry, vol. 46, no. 7, pp. 611-620.
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Objective: To analyse, and explain to Australasian psychiatrists, recent proposed changes to the terms of coercive treatment for mental illness in Tasmania and Victoria and to place the proposals in the context of a broader human rights framework that is likely to impact the future shape of mental health legislation more generally. Methods: The Australian law reform proposals are reviewed against the requirements of numerous human rights instruments, including the recently ratified United Nations Convention on the Rights of Persons with Disabilities. Ethical and legal arguments are made to support the proposed changes and to introduce others, taking into account academic commentary on mental health law and recent empirical work on the ability to usefully categorise patients by their likelihood of harm to self and others. Results: The Victorian and Tasmanian draft mental health bills propose a new basis for compulsory psychiatric treatment in Australasia. If they become law, coercive psychiatric treatment could only be applied to patients who lack decision-making capacity. The Tasmanian draft bill also sets a new benchmark for timely independent review of compulsory treatment. However both jurisdictions propose to retain an ‘additional harm’ test which must be satisfied before patients may be treated without consent. This differs from non-psychiatric cases, where if patients are unable to consent to medical treatment for themselves, they will be entitled to receive coercive treatment if it is in their best interests. Conclusions: The proposed changes under the Tasmanian and Victorian draft mental health bills will ensure that, in line with local and international human rights obligations, only patients who lack decision-making...

Callaghan, S & Ryan, CJ 2012, 'Western Australia – rising to the human rights challenge?', Australian & New Zealand Journal of Psychiatry, vol. 46, no. 7, pp. 683-683.
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Carney, T 2012, 'Australian mental health tribunals—‘Space’ for rights, protection, treatment and governance?', International Journal of Law and Psychiatry, vol. 35, no. 1, pp. 1-10.
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This paper draws on a multi-year Australian collaborative study of mental health review tribunals ('MHTs') in three jurisdictions (Victoria, New South Wales and the Australian Capital Territory) undertaken in conjunction with the NSW Law and Justice Foundation, using qualitative and quantitative methods to examine the role of MHTs in advancing goals such as fairness, legality and access to treatment. Study findings regarding stakeholder and client concerns - about access to quality treatment and associated support services, review of treatment adequacy and drug regimes, and their 'participation' or dignity of engagement in review processes - are presented as variants of the need for adequate hearing 'space': temporal, jurisdictional, cognate/relational, physical and symbolic, and 'connective'. Building on earlier arguments for MHTs to engage not only legal, but also clinical and social domains, and for adopting some processes more characteristic of case-conferencing, this paper examines the implications of tribunal 'flexibility' and a wider overall 'governance' jurisdiction in mental health. © 2011 Elsevier Ltd.

Carney, T, Bailey, R & Bennett, B 2012, 'Pandemic planning as risk management: how fared the Australian federation?', J Law Med, vol. 19, no. 3, pp. 550-568.
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The role of law in managing public health challenges such as influenza pandemics poses special challenges. This article reviews Australian plans in the context of the H1N1 09 experience to assess whether risk management was facilitated or inhibited by the 'number' of levels or phases of management, the degree of prescriptive detail for particular phases, the number of plans, the clarity of the relationship between them, and the role of the media. Despite differences in the content and form of the plans at the time of the H1N1 09 emerging pandemic, the article argues that in practice, the plans proved to be responsive and robust bases for managing pandemic risks. It is suggested that this was because the plans proved to be frameworks for coordination rather than prescriptive straitjackets, to be only one component of the regulatory response, and to offer the varied tool box of possible responses, as called for by the theory of responsive regulation. Consistent with the principle of subsidiarity, it is argued that the plans did not inhibit localised responses such as selective school closures or rapid responses to selected populations such as cruise ship passengers.

Chung, P, Mowbray, A & Greenleaf, G 2012, 'Searching Legal Information in Multiple Asian Languages', Legal Information Management, vol. 12, no. 3, pp. 173-184.
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AbstractIn this article Philip Chung, Andrew Mowbray, and Graham Greenleaf, the Co-Directors of the Australasian Legal Information Institute (AustLII), explain the need for an open source search engine which can search simultaneously over legal materials in European languages and also in Asian languages, particularly those that require a ‘double byte’ representation, and the difficulties this task presents. A solution is proposed; the ‘u16a’ modifications to AustLII's open source search engine (Sino) which is used by many legal information institutes. Two implementations of the Sino u16A approach, on the Hong Kong Legal Information Institute (HKLII), for English and Chinese, and on the Asian Legal Information Institute (AsianLII), for multiple Asian languages, are described. The implementations have been successful, though many challenges (discussed briefly) remain before this approach will provide a full multi-lingual search facility.

Chung, PT, Greenleaf, GW, Mowbray, AS & Salter, B 2012, 'Part 1 : digitising and searching Australasian colonial legal history', Australian Law Librarian, vol. 20, no. 3, pp. 133-146.

Chung, PT, Greenleaf, GW, Mowbray, AS & Salter, B 2012, 'Part 2 : digitising and searching Australasian colonial legal history', Australian Law Librarian, vol. 20, no. 4, pp. 223-238.

Crawley, K & van Rijswijk, H 2012, 'Justice in the Gutter: Representing Everyday Trauma in the Graphic Novels of Art Spiegelman', SSRN Electronic Journal, vol. 16, no. Summer, pp. 93-118.
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Trauma studies has had a long relationship with legal studies. Shoshana Felman argues that 'trauma - individual as well as social - is the basic underlying reality of the law' (2002: 172). The law has made available certain forms for the representation and adjudication of traumatic experience. Among others, testimony and the trial are legal forms that offer the potential for justice for traumatic events, at the same time that they delimit the ways in which trauma can be understood (Felman 2002; Sarat et al 2007). The means by which trauma is represented determines which experiences are privileged and recognized - which also means that some harms will become invisible under certain frameworks. Scholars working at the intersection of law and trauma have often turned to literature to supplement the law's version of justice.

Crofts, P 2012, 'ABC1 TV', ALTERNATIVE LAW JOURNAL, vol. 37, no. 4, pp. 296-297.

Crofts, P 2012, 'The Proposed Licensing of Brothels in New South Wales', Local Government Law Journal, vol. 17, pp. 3-10.
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The New South Wales Coalition government is proposing to introduce a licensing system for brothels in accordance with pre-election commitments. This article argues that there is no evidence that brothels are criminogenic or inherently corrupting, nor any evidence that a Brothel Licensing Authority would effectively reduce and/or prevent crime and corruption. It considers the current New South Wales planning-based model and compares this with the Queensland and Victorian licensing models. There are other regulatory concerns associated with the sex industry, such as amenity impacts and health and safety concerns; it is argued here that these are regulated effectively under the current planning regime. A licensing authority is unlikely to improve the regulation of brothels in New South Wales in terms of illegality, amenity, and health and safety,

Crofts, P & Prior, J 2012, 'Home Occupation or Brothel? Selling Sex from Home in New South Wales', URBAN POLICY AND RESEARCH, vol. 30, no. 2, pp. 127-143.
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This article engages with the question of whether or not sex work in the home should be regulated in the same way as large commercial brothels or as home occupations. Underlying concerns about sex services premises generally are that they are criminogenic, disorderly and exploitative of women. This article draws upon original research of surveys of people living in the vicinity of sex services premises, interviews with sex workers and service providers, and council records of complaint to argue that, on the contrary, home occupations (sex services) can operate lawfully with minimal amenity impacts, and that this type of business can provide a positive work environment. We recommend that sex work in the home in New South Wales should be regulated in the same way as other home occupations. © 2012 Copyright Editorial Board, Urban Policy and Research.

Crofts, P & Prior, JH 2012, 'Intersections of Planning and Morality in the Regulation and Regard of Brothels in New South Wales', Flinders Law Journal, vol. 14, no. 2, pp. 329-357.
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This article explores two questions through original primary research. First, can brothels be âgood neighboursâ in planning terms? That is, what kind of amenity impacts, if any, do sex services premises have upon the people living nearby? Second, do the different approaches adopted by two councils in New South Wales, Australia, matter in terms of amenity impacts, but also in attitudes to sex services premises? It is argued that brothels appear to generate minimal or neutral amenity impacts regardless of the regulatory approach adopted by council. However, the legal approach adopted by the different councils has contributed to the organisation and expression of the moral attitudes of local residents to sex services premises.

Crofts, P & van Rijswijk, H 2012, ''What Kept You So Long?': Bullying's Gray Zone and the Vampire's Transgressive Justice in Let the Right One In', Law, Culture and the Humanities, vol. 11, no. 2, pp. 1-22.
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School bullying has been recognized only relatively recently by policy-makers, media and the courts as a serious and widespread social problem. But despite this recent notice, there has been no evidence that techniques adopted to stop bullying have led to anything more than modest success, implying that we need to do more work to unpack and theorize the nature of bullying. In this article, we consider a recent vampire narrative as a story about bullying. We offer an interpretation of this story via the theories of Claudia Card and Jacques Derrida, arguing that together this archive provides a more nuanced understanding of the kinds of damage inflicted by bullying than has been provided by realist or sociological accounts. In particular, it illuminates damage to the morality of the victim, to their soul, which is a kind of damage that has previously not been given great attention. It also highlights the ways in which practices of judgment can become very tangled when trying to resolve bullying situations, making these experiences resistant to the achievement of justice.

Crofts, P, Maher, J, Pickering, S & Prior, J 2012, 'Ambivalent Regulation: The Sexual Services Industries in NSW and Victoria — Sex Work as Work, or as Special Category?', Current Issues in Criminal Justice, vol. 23, no. 3, pp. 393-412.
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Despite continuing contests in Australian states over the validity of sex work as work, Victoria and New South Wales (NSW) have been part of a global trend for states to decriminalise and/or legalise the sex industry. This article argues that although Victoria and NSW are united by their ambivalence toward the legal validity of sex work as work for women, this ambivalence is expressed and organised in different ways in each state, with consequent differences in regulatory schemas, practices of enforcement and outcomes for workers and communities. In particular, this article focuses on the regulation of sex services premises as a key indicator of how the sex industry is regarded and embedded within broader business, social and regulatory contexts. The article examines some specific regulations that affect women's status as sex workers in each state. It concludes by arguing that the failure to fully recognise sex work as work impacts most sharply on the safety and inclusion of workers: those whom the legislative schemas of both states purportedly seek to protect

Dehm, S 2012, 'Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements', Utrecht Journal of International and European Law, vol. 28, no. 75, pp. 53-53.
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This case note explores the recent Australian High Court decision of Plaintiff M70/2011 v Minister for Immigration and Citizenship, which declared a proposed regional refugee status determination arrangement between Australia and Malaysia to be unlawful under Australian law. While the decision was determined by the specific statutory construction of Australian's migration legislation, it nonetheless draws attention to the legal character of what constitutes 'protection' under international refugee law and suggests the necessary legal and factual conditions that must exist in a 'third country' in order for any transfer of refugee processing and recognition procedures to be seen to satisfy Convention obligations. It thus represents a significant judicial challenge to the contemporary trend pursued by wealthy industrialised nations in the Global North towards erecting barriers for accessing domestic asylum regimes and adopting policies that in effect outsource and extraterritorialise asylum processing under the guise of 'burden sharing' or regional 'harmonisation'. This case note reads the decision as a particular re-articulation of sovereign authority, borders, belonging and place-making.

Dorsett, S & McVeigh, S 2012, 'Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking', SSRN Electronic Journal, vol. 36, no. 2, pp. 470-493.
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It is now twenty years since the High Court of Australia designated 'native title' as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the first question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and official forms of responsibility for lawful relations.

Dwyer, A, Lewis, B, McDonald, F & Burns, M 2012, 'It's always a pleasure: exploring productivity and pleasure in a writing group for early career academics', Studies in Continuing Education, vol. 34, no. 2, pp. 129-144.
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Esteban, M & Leary, D 2012, 'Current developments and future prospects of offshore wind and ocean energy', APPLIED ENERGY, vol. 90, no. 1, pp. 128-136.
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The year 2008 saw the emergence of the first generation of commercial ocean energy devices, with the first units being installed in the UK and Portugal. This means that there are currently four ways of obtaining energy from sea areas, namely from wind, tides, waves and thermal differences between deep and shallow sea water. This paper focuses on current developments in offshore wind and ocean energy, highlighting the efforts currently underway in a variety of countries, principally some of the projects typically less talked about such as those in the Asian-Pacific countries. Finally, the growth potential of these industries will be assessed, using as a basis the historical trends in the offshore wind industry and extrapolating it to compute future growth potentials. Using this as a basis, the percentage of the world's electricity that could be produced from ocean based devices is estimated to be around 7% by 2050, and this would employ a significant amount of people by this time, possibly around 1 million, mostly in the maintenance of existing installations. The paper will also evaluate the likely cost of production per kW of ocean energy technologies using a variety of learning factors. © 2011 Elsevier Ltd.

Feng, C, Hawes, C & Gu, M 2012, 'Rights defence lawyers as dissidents in contemporary China', International Journal of China Studies, vol. 3, no. 3, pp. 325-344.
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Rights defence lawyers in contemporary China have attracted tremendous attention. Their supporters take them as a leading force for social and political change toward justice, the rule of law and democracy, whereas the hardliners of the ruling Chinese Communist Party regard them as a dangerous hostile force of political dissent. In this article, we will trace the resumption and development of the legal profession in China since the 1980s after its forced disappearance for three decades. Then we will explore the emergence of a group of 'rights defence lawyers' in the context of recent economic, social and political changes. The article will end with a discussion about the potential role of rights defence lawyers in China's social and political transformation. We argue that the name 'rights defence lawyer' reflects the current politically charged environment for the legal profession in China and the dual identities of socially concerned lawyers as both legal professionals and rights advocates. We also argue that lawyers in China become political dissidents when defending clients whose rights are violated by the partystate and power holders, and that, in response to political persecution, rights defence lawyers have interacted with other lawyers, other rights activists and the wider society to advance their causes of bringing about justice, the rule of law and democratic political reforms in China. We therefore identify a connection between their lawsuits, including their media campaigns as an extension of those lawsuits, and the rise of rights consciousness and quest for the rule of law in China.

Fox, M & Thomson, M 2012, 'The new politics of male circumcision: HIV/AIDS, health law and social justice', Legal Studies, vol. 32, no. 2, pp. 255-281.
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This paper engages with a changing politics of male circumcision. It suggests that various shifts which have occurred in how the issue is debated challenge legal constructions of the practice as a private familial issue. Although circumcision rates have declined in those Western nations which have traditionally practised it, the procedure is now being promoted as a medicalised response to the HIV/AIDS pandemic in sub-Saharan Africa. Such initiatives propose a new biomedical rationale for the practice and have been difficult to confine to the African context or to adult bodies, prompting a resurgence of enthusiasm for neonatal male circumcision on the part of professional bodies in the USA and elsewhere. Although we have reservations about such public health policies, which we suggest downplay risks inherent in the procedure both for the individual and for the advancement of public health, we argue that such strategies have the potential to move debates about circumcision beyond the parameters of traditional ‘medical law’, with its focus on the doctor–patient nexus and the issue of who can validly consent to medical procedures. We suggest that, as with female genital cutting, male circumcision ought to be debated within a paradigm of social justice which gives adequate weighting to the interests of all affected parties (including women whose health may actually be compromised by the procedure) and which renders visible the socio-economic dimensions of the issue. In line with a social justice approach, we argue that public health initiatives must comply with international ethico-legal standards and be attentive to the emergence of an international human right to health. The shift in analytical frame that we propose has the potential not only to make us re-think our approach to the ethics and legality of male circumcision by challenging its construction as a familial decision but also to impact on the need for a broader conceptualisation of health ...

Grossi, R 2012, 'The meaning of love in the debate for legal recognition of same-sex marriage in Australia', International Journal of Law in Context, vol. 8, no. 4, pp. 487-505.
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AbstractLove is ever-present in the debate for the legal recognition of same-sex marriage. Its importance, however, is often underestimated. I will show in this article that much can be gained by viewing this issue through the analytical lens of romantic love. This analysis will show that romantic love is a contested idea. On the one hand it claims to embody a radical and permissive ideology that is capable of penetrating established social and cultural divides. On the other hand, however, love has been accused of replicating patriarchy, and of being ideologically heteronormative. As such, love is not necessarily the answer needed to win the legal argument for same-sex marriage – not unless we begin a process of redefining love for our times.They say that the world was built for twoOnly worth living if somebody is loving you1

Hobbs, H 2012, 'Foreign Correspondent', Alternative Law Journal, vol. 37, no. 2, pp. 122-123.
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Hobbs, HO 2012, 'The Dispute Resolution Act 2011 (Cth) and the meaning of 'genuine steps': Formalising the common law requirement of 'good faith'', AUSTRALASIAN DISPUTE RESOLUTION JOURNAL, vol. 23, no. 4, pp. 249-252.
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Prior to initiating litigation, parties should negotiate in order to limit the issues in dispute and avoid a costly court process. But what does it mean to negotiate? Historically the common law conditioned negotiation at a good faith standard – requiring parties to turn their minds to the issues in dispute and enter the process honestly and willingly. However, this standard proved difficult to grasp and many jurisdictions have since enacted legislation designed to formalise the process. This article examines the latest enactment – the Commonwealth formulation, which requires parties to “take genuine steps to resolve disputes” and compares it to both the New South Wales formulation, which requires parties “to take reasonable steps” and the common law good faith standard. This analysis will demonstrate that the concept of genuine steps formalises the common law approach, and as opposed to reasonable steps, more accurately achieves the object and purposes of alternative dispute resolution processes.

Hohmann, J 2012, 'Events: The Force of International Law. By FLEUR JOHNS, RICHARD JOYCE & SUNDHYA PAHUJA (eds)', British Yearbook of International Law, vol. 82, no. 1, pp. 531-532.
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Horsey, K & Sheldon, S 2012, 'STILL HAZY AFTER ALL THESE YEARS: THE LAW REGULATING SURROGACY', Medical Law Review, vol. 20, no. 1, pp. 67-89.
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Juriansz, J & Opeskin, B 2012, 'Electoral Redistribution in Australia: Accommodating 150 Years of Demographic Change', Australian Journal of Politics and History, vol. 58, no. 4, pp. 557-579.
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Electoral redistribution (redistricting) is a process that has the potential to advance the principle of 'one vote, one value' in the face of dynamic human populations. Using the Australian federal electoral system as a case study, this article examines the impact of changes in the size, composition and spatial distribution of the population on electoral boundary delimitation over the past 110 years, and analyses the likely impact of future population change over the next forty years. The article concludes that the Australian electoral system has moved progressively towards greater equality of voting power encapsulated by the 'one vote, one value' principle. However, the capacity to achieve even greater equality through electoral redistribution is constrained by constitutional and pragmatic considerations. © 2012 The Authors. Australian Journal of Politics and History © 2012 School of History, Philosophy, Religion and Classics, School of Political Science and International Studies, The University of Queensland and Wiley Publishing Asia Pty Ltd..

Kennedy, A 2012, 'Regulating bodily integrity: cosmetic surgery and voluntary limb amputation.', J Law Med, vol. 20, no. 2, pp. 350-362.
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Cosmetic surgery and voluntary limb amputation share a number of features. Both procedures are patient-driven forms of body shaping that can only be performed by surgeons, and therefore the procedures require the imprimatur of the medical profession to be lawful. Both invoke identity construction as a central legitimating factor that renders the procedures therapeutic. The legal regulation of surgery is subsumed within general principles regulating medical practice, where autonomy and consent are constituted as fundamental authorising principles. The legitimacy of consent to surgical intervention operates unevenly in relation to these two forms of surgery. Amputation of healthy limbs is presumed to be non-therapeutic. Capacity is closely interrogated and minutely scrutinised. Consent to cosmetic surgery, by contrast, is presumed to be a valid expression of autonomy and self-determination.

Large, M, Ryan, CJ & Callaghan, S 2012, 'Hindsight bias and the overestimation of suicide risk in expert testimony', The Psychiatrist, vol. 36, no. 6, pp. 236-237.
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Leary, D 2012, 'Moving the Marine Genetic Resources Debate Forward: Some Reflections', INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW, vol. 27, no. 2, pp. 435-448.
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This paper offers some brief reflections on issues surrounding the ongoing debate in relation to the legal status of marine genetic resources in areas beyond national jurisdiction. It considers one possible solution to the ideological divide over the relevance of the common heritage of mankind to marine genetic resources, modelled on Article IV of the Antarctic Treaty. The suitability of the International Treaty on Plant Genetic Resources for Food and Agriculture as a possible model is also considered. The fact that this later model is now being canvassed by some States marks a major step forward in international discussions on the issue. Other possible models that have been canvassed in the academic literature are also considered. The fact that these alternatives have not been canvassed at length in diplomatic discussions to date highlights the fact that a detailed examination of the wide range of possible options is urgently needed.

Lee, K 2012, 'Telecommunications: Telstra's structural separation undertaking: A third best solution?', AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW, vol. 20, no. 1, pp. 45-52.

Lee, K 2012, 'Telstra’s Structural Separation Undertaking: A Third Best Solution?', Australian Journal of Competition and Consumer Law, vol. 20, no. 1, pp. 45-52.

Lenta, P 2012, 'Corporal punishment of children', Social theory and practice, vol. 38, pp. 689-716.

Lenta, P 2012, 'The Right of Religious Associations to Discriminate', South African Journal on Human Rights, vol. 28, no. 2, pp. 231-257.
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The issue of whether religious associations should be permitted to engage in employment discrimination on prohibited grounds such as gender, sexual orientation or race gives rise to a collision between the rights to religious freedom and freedom of association, on the one hand, and the right to equality, on the other. In a recent article in which I criticised Basson J for balancing these rights incorrectly in Strydom v Nederduitse Gereformeerde Gemeente, Moreleta Park, I argued that equal importance should be attached to the rights to equality and religious and associational liberty, and that the correct balancing of these rights requires that religious groups be permitted to discriminate in their employment practices in respect of positions sufficiently close to the core of religious doctrine. My article has elicited two thoughtful replies, one by Prof Stu Woolman and the other by Prof David Bilchitz. Bilchitz argues that I afford the right to equality insufficiently robust protection and claims that in South Africa the right to equality should be accorded 'primacy' relative to the rights to religious and associational liberty in cases in which these rights conflict. Woolman contends that the protection I provide for the right to freedom of association is too weak and that religious associations should have more extensive freedom to discriminate than I allow. In this article, effectively a rejoinder, I defend my assessment of Strydom and my approach to the present conflict of rights against several objections advanced by Bilchitz and Woolman. I argue for a workable compromise between their positions: equality must often prevail (that is, in the public, political and ordinary commercial spheres, and where the position in respect of which religious associations seek to discriminate is distant from the doctrinal core of the religion concerned), but sometimes the claims of religious voluntary associations to discriminate in accordance with settled religiou...

Lindsay, D 2012, 'Broadcast regulation in the broadband era: licensing and content regulation', Telecommunications Journal of Australia, vol. 62, no. 3, pp. 431-4329.
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The final report of the Convergence Review, which was released in April 2012, makes radical recommendations for reforming existing broadcasting regulation, essentially by proposing a convergent regulatory regime, that regulates communications content regardless of the platform by which that content is delivered. This article explains and analyses the recommendations of the Convergence Review - and of the associated reviews of the classification system by the Australian Law Reform Commission (ALRC) and of the regulation of news and commentary by the Independent Media Inquiry (IMI) - as they relate to broadcast licensing and content regulation. In doing so, the article claims that the recommendations made by the Convergence Review are seriously compromised by the inadequate analytical framework applied by the Review. In particular, the article argues that the claimed benefits of a platform-neutral approach to regulating communications content are belied by the detail of the proposed regulatory regime, which necessarily means that difficult regulatory distinctions must be drawn between different content. In any event, the most important consideration to be applied in developing a new regulatory regime is to ensure that regulation appropriately and effectively deals with the regulatory objectives sought to be achieved. This does not mean automatically applying a form of convergent regulation, especially when differences between different kinds of content or services mandate different regulatory treatment. As the Convergence Review has neither paid sufficient attention to these potential differences, nor engaged in sufficient analysis of the objectives of regulating communications services, the article concludes that the recommendations of the Review should not be implemented without further independent analysis.

Lindsay, D 2012, 'ISP liability for end-user copyright infringements: the High Court decision in Roadshow Films v iiNet', Telecommunications Journal of Australia, vol. 62, no. 4.
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In Roadshow Films v iiNet, the High Court unanimously held that iiNet was not liable for copyright infringements committed by its subscribers by means of the BitTorrent peer-to-peer file-sharing system. While the two judgments delivered by the High Court have clarified the extent to which ISPs may be liable for end-user infringements, they have created considerable legal uncertainty about authorisation liability, which is the main Australian doctrine under which a person may be found liable for the infringing conduct of another person. This article explains and analyses the two judgments delivered by the High Court in iiNet, focussing on the implications of the decision for ISPs, and for authorisation liability more generally. The evidence establishes that detection ⋯ followed by warning over three occasions and eventual discontinuance of Internet access will succeed in strongly alleviating the problem of Internet piracy. EMI Records (Ireland) Ltd v UPC Communications Ireland Ltd [2010] IEHC 377 at [71] per Charleton J. Was it a reasonable step to require of iiNet that it monitor continually the activities of IP addresses to provide precise details of primary infringements that had been committed, and then take further steps to forestall further infringements? Warnings might or might not have that effect. Evidence was lacking of likely behaviour in that respect by users of ISP facilities. Roadshow Films Pty Ltd v iiNet Ltd ((2012) 286 ALR 466, 498) per Gummow and Hayne JJ.

Low, S & Carney, T 2012, 'Inter-Governmental Policy Implementation: State Inducements to Encourage Implementation at the Local Level', International Journal of Public Administration, vol. 35, no. 3, pp. 177-193.
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This article investigates how State departments can best equip Local government to implement State environmental protection legislation effectively. Research on joint implementation by the then New South Wales Environment Protection Authority and NSW Local government authorities is reviewed to explore inducements and constraints on intergovernmental policy implementation, including the multi-jurisdictional nature of policy. © 2012 Taylor and Francis Group, LLC.

Luker, T 2012, 'Aboriginal Child Welfare, Self-government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law', ABORIGINAL HISTORY, vol. 36, pp. 189-191.

Luker, T 2012, 'Decision-Making Conditioned by Radical Uncertainty: Credibility Assessment at the Australian Refugee Review Tribunal', UTS: Law Research Paper, vol. 25, no. 2013, pp. 502-534.
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The increasing global magnitude and exigency of refugee status determination is resulting in recent attention to the parameters of credibility as part of evidentiary assessment in refugee law. In Australia, as in other countries, it is well recognised that applications for review of primary level decisions on refugee status commonly fail on the basis of credibility evidence. Furthermore, it has been suggested that the assessment of credibility is likely to be a source of error in decision making. This article reports on the results of a small-scale study into decision making and credibility assessment at the Australian Refugee Review Tribunal involving interviews with decision makers. Drawing on feminist theories of epistemic responsibility, it argues for a revised standard of proof, suggesting a rebuttable presumption of credibility, or truthfulness, on the part of the applicant seeking asylum. Such an approach may go some way towards addressing the potential for epistemic injustice and is consistent with a position of epistemological responsibility demanded by an ethical obligation to the refugee.

McKeough, J 2012, 'Copyright Review: Issues for Cultural Practice', Deakin Law Review, vol. 17, no. 2, pp. 309-319.
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The Australian Law Reform Commission (ALRC) has been asked by the Attorney-General to inquire into and report on current and further desirable uses of copyright material in the context of the digital economy. In this paper the focus is on the scope of the terms of reference of the ALRC and the importance of copyright in a modern digitally orientated world. The paper also analyses other important initiatives and reports in this area, focusing on the changing `political economy and cultural impact on copyright issues and, in particular the challenges for copyright law

Millbank, J 2012, 'From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of ‘New’ Surrogacy in Australia', Griffith Law Review, vol. 21, no. 1, pp. 101-136.
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© 2012, (publisher). All rights reserved. This article explores the role of discourse and narrative in shaping the recent wave of reforms to surrogacy law and policy around Australia. I examine two sites of dialogue – parliamentary debate and media representations – where discourses concerning surrogacy have been reframed dramatically to justify a new era of regulation. The themes that have emerged through these reform dialogues both reflect and recraft contemporary understandings of surrogacy specifically, and non-traditional family formation more broadly. As such, this is both an analysis of the role of evolving discourses of surrogacy, infertility and assisted reproductive technology in Australia, and a case study of a multiple-jurisdiction law reform process dominated by narrative and anecdote.

Nelson, JK, Possamai‐Inesedy, A & Dunn, KM 2012, 'Reinforcing substantive religious inequality: a critical analysis of submissions to the Review of Freedom of Religion and Belief in Australia Inquiry', Australian Journal of Social Issues, vol. 47, no. 3, pp. 297-318.
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The parties contributing to the Freedom of Religion and Belief in Australia Inquiry had a strong interest in the role of religion in society. Those making submissions were parochial about the status and importance of their own faith, less positive about religious diversity, more likely to be culturally supremacist, and more likely to independently express anti‐Islamic sentiment than the general population. A large proportion of submissions (40 per cent) included the religio‐centric assertion that Australia is a Christian nation. Alternative voices – that Australia is a multi‐faith country or those that saw Australia as secular – were much less ‘present’ in the submissions. Most submissions argued for the retention of religious exemptions from anti‐discrimination laws and against anti‐religious‐vilification legislation that would protect religious minorities. Christian‐centric voices purposefully undermined movement towards more inclusive social policy and protection of rights. The Christian majority insisted that their position of dominance be affirmed in Australia. The failure of the inquiry to advocate for policy and legislative change to expand religious freedoms (especially to minorities) was a performance of professed ‘state neutrality’ that reproduced substantive inequality. The public submission process was an effective mechanism for reinforcing a privileged relation between the state and Christian organisations, and fails the tests of both fairness and more substantively equality.

Nicholls, R 2012, 'Right to Privacy: Telephone Interception and Access in Australia', IEEE Technology and Society Magazine, vol. 31, no. 1, pp. 42-49.
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O’Connell, K 2012, '‘A Plural Thing’: Inventing a Feminist Brain-Based Subject of Law', Australian Feminist Law Journal, vol. 37, no. 1, pp. 15-32.
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A brain-based subject of law is emerging, in which neurological processes become a primary means of defining individual choice, behaviour, capacity and responsibility. This paper considers the impact of such a shift in legal subjectivity on feminist engagement with law. A reductionist take on the brain works to entrench narrow readings of law and discourage feminist reforms. However, emerging neurotechnologies such as brain scanning and neuropharmacology also have disruptive qualities that might be harnessed in the interests of feminist legal inventions and interventions. This paper looks to the disruptive aspects of neurotechnologies to argue for an alternative brain-based subjectivity in law, one that sees the brain as 'open': an organ that connects us to others, that is embedded in relationships and situated in a particular history and politics. Such an approach makes visible the gendered underpinnings of 'neurolaw' and allows for a brain-based legal subject that is open to feminist creativity

Opeskin, B 2012, 'Judicial pensions: time for reform?', Bar News, no. Summer, pp. 7-11.
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In July 2012 the Australian Government Actuary released its latest triennial report on the long term cost of the pension scheme for federal judges. At 30 June 2011, the unfunded liability of the scheme amounted to $782 million - an increase of 38 per cent in nominal terms (27 per cent in real terms) in just three years. This was the fourth substantial rise since the cost of the scheme was first pegged at $267 million in 1999, despite the fact that the number of serving judges included in the estimates has declined steadily from 131 to 102 over that 12 year period. For the first time the Actuary also provided long term cost projections, estimating an accrued liability of $3,342 million by 2054 - 55. This is a very large number, and yet a very conservative one because it rests on the implausible assumption that the courts covered by the scheme - the High Court, the Federal Court and the Family Court - will not increase in size over the next 40-odd years.

Prior, J & Crofts, P 2012, 'Effects of sex premises on neighbourhoods: Residents, local planning and the geographies of a controversial land use', NEW ZEALAND GEOGRAPHER, vol. 68, no. 2, pp. 130-140.
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The paper examines 284 resident submissions to sex premises planning processes, and a survey of 401 residents living near sex premises in New South Wales, Australia, to investigate resident concerns about the effect of sex premises on local environs, and how these concerns inform resident views on the spatial ordering of sex premises. The investigation found that there was a discrepancy between the views of the broader residential population and the views of participants in planning processes. The investigation suggests that geographers need to consider more deeply the connections between residents, planning and the geographies of this controversial land use. © 2012 The Authors. New Zealand Geographer © 2012 New Zealand Geographical Society.

Redmond, PM 2012, 'Directors' duties and corporate social responsiveness', The University of New South Wales law journal, vol. 35, no. 1, pp. 317-340.

Ries, N 2012, 'Financial Incentives for Weight Loss and Healthy Behaviours', Healthcare Policy | Politiques de Santé, vol. 7, no. 3, pp. 23-28.
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Rising rates of overweight and obesity are of serious concern in Canada. Until recently, discussion of policy options to promote healthier lifestyles has ignored the topic of direct financial incentives. The idea of paying people to lose weight or adopt healthier behaviours is now attracting study and debate. Some governments and companies are already experimenting with reward programs. Available evidence indicates that financial incentives help promote short-term change, but there is a dearth of evidence on longer-term programs and outcomes. Targeted incentives for specific risk groups have shown more success. With creative design, targeted use and evaluation, financial incentives for weight loss and healthy behaviour may be a useful addition to the health policy toolkit.

Ries, N 2012, 'Legal and Policy Measures to Promote Healthy Behaviour: Using Incentives and Disincentives to Control Obesity', McGill Journal of Law and Health, vol. 6, no. 1, pp. 1-40.
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This article examines incentives as a health policy option to encourage healthier behaviours and considers the emerging body of literature that evaluates the effectiveness and impact of incentives as public health policy tools. Incentives - including rewards and penalties - vary widely in their force, from indirect (or mild) to direct (or strong) incentives. At one end of the incentive spectrum are strategies that invite healthier behaviour, such as urban planning measures to encourage walking and cycling. In the middle of the incentive spectrum are measures such as tax credits for those who participate in sports and fitness programs or 'fat taxes' on high-calorie, low-nutrition foods. These strategies target individuals' pocketbooks and thus may have a stronger influence on behaviour change. The most direct incentives are governmental or private sector schemes that use monetary payments or penalties to induce behaviour change. While this article focuses on incentives targeted at individuals, it briefly discusses several examples of incentives aimed at businesses, particularly food retailers.The use of incentives as a health policy tool has several key legal dimensions. First, governments rely on legal powers, such as taxation laws and zoning regulations, to implement certain kinds of incentives. Second, in their operation and impact, incentives may infringe on legally protected rights. In particular, the use of 'sticks' rather than 'carrots' may be criticized on the grounds that they are coercive, discriminate unfairly, and promote individual blame. Third, public health law is concerned with the use of legal and policy measures to create conditions in which people may be healthy. It is important, therefore, to evaluate incentive programs to determine their effectiveness in ameliorating obesogenic environments and creating conditions for improved dietary and physical activity behaviours.

Ries, N 2012, 'Nudge or Not: Can Incentives Change Health Behaviours?', HealthcarePapers, vol. 12, no. 4, pp. 37-41.
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The approach of "nudging" people toward healthier behaviours is currently in vogue, and user financial incentives (UFIs) are one possible nudge tool. Interesting debates arise as to the criteria UFIs must meet to qualify as a nudge. The more pressing issue, however, is to determine how UFIs can be structured and implemented to motivate and sustain health behaviour change. To date, Canadian public health strategies to promote physical activity and balanced nutrition focus mainly on information provision, with some product regulation measures and indirect financial incentives. Governments cannot afford direct UFI programs to incent all 60% of overweight and obese Canadians to reduce their body mass, but governments could consider UFIs targeted to specific risk groups where a shorter-term intervention could have long-term payoffs.

Riley, J 2012, 'A Safe Touch Down for Qantas?', Australian Journal of Labour Law, vol. 25, no. 1, pp. 76-83.

Riley, J 2012, 'Bargaining Fair Work Style: Fault-lines in the Australian Model', New Zealand Journal of Employment Relations, vol. 37, no. 1, pp. 22-29.

Riley, J 2012, 'Siblings but not twins: Making sense of 'Mutual trust' and 'Good faith' in employment contracts', Melbourne University Law Review, vol. 36, no. 2, pp. 521-552.
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Since the 1970s English employment law has recognised a duty not to destroy mutual trust and confidence in the employment relationship and has developed more general duties of good faith and fair dealing at work. Australian employment contract law, on the other hand, has been slow to articulate clear principles around these concepts. This article proposes a framework for understanding both concepts - mutual trust and confidence on the one hand, and good faith performance of contracts on the other - in the hope that the articulation of clear and bounded principles may encourage general judicial acceptance and greater certainty in employment contract law.

Riley, J 2012, 'Sterilising Talent: A Critical Assessment of Injunctions Enforcing Negative Covenants', Sydney Law Review, vol. 34, no. 4, pp. 617-636.

Riley, J 2012, 'Teaching Labour Law in a Common Law Jurisdiction', International Journal of Comparative Labour Law and Industrial Relations, vol. 28, no. 1, pp. 71-79.

Riley, J & MacDermott, T 2012, 'ADR and Industrial Tribunals: Innovations and Challenges in Resolving Individual Workplace Grievances', Monash University Law Review, vol. 38, no. 2, pp. 82-102.

Riley, S 2012, 'Australia - Country Report', IUCN Academy of Environmental Law e-journal, vol. 1, pp. 42-50.
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Country Report for Australia on environmental developments in 2011

Ryan, C, Callaghan, S & Large, M 2012, 'Better laws for coercive psychiatric treatment: lessons from the Waterlow case', Australasian Psychiatry, vol. 20, no. 4, pp. 283-286.
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Objective: The purpose of this paper is to use the circumstances surrounding the trial of Antony Waterlow to consider the statutory mechanisms for coercive treatment of people with mental illness in Australasia. Method: The facts in R v Waterlow are examined in the light of a review of Australasia’s mental health legislation and recent empirical work on the ability to usefully categorise patients by their likelihood to harm others. Results: Arguably a major reason for Mr Waterlow’s not receiving effective psychiatric treatment prior to the killings was that the doctors who examined him did not think they had reasonable grounds for believing that detention was necessary for the protection of others from serious harm. Conclusions: The tragedy of the Waterlow matter provides further impetus to a much wider call for the move to capacity-based mental health legislation.

Simmons, F 2012, 'Making Possibilities Realities: Compensation for Trafficked People', SYDNEY LAW REVIEW, vol. 34, no. 3, pp. 511-544.

Simmons, F & David, F 2012, 'The Road to Effective Remedies: Pragmatic reasons for treating cases of “sex trafficking” in the Australian sex industry as a form of “labour trafficking”', Anti-Trafficking Review, vol. June 2012, no. 1, pp. 60-79.
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Internationally, it is widely recognised that labour law and associated protections are a critical part of any comprehensive response to trafficking in persons. In this article, we argue that while Australia has taken some important steps to incorporate labour protection systems into the anti-trafficking response, there is still more work to be done. In particular, the federal, and state and territory governments have yet to take up the opportunity to link anti-trafficking efforts with initiatives aimed at improving the working conditions of workers in the sex industry. We suggest this reflects a common—but unjustified—assumption that “labour trafficking” and “sex trafficking” are distinct and different species of harm. As a result of this distinction, workers in the Australian sex industry—an industry where slavery and trafficking crimes have been detected— are missing out on a suite of potentially effective prevention interventions, and access to civil remedies. We argue that there is a need to provide practical and financial support, so that the national industrial regulator, the Fair Work Ombudsman, can work directly with sex worker advocacy groups, to examine opportunities and barriers to accessing the labour law system, particularly for migrant sex workers.

Stewart, C, Cockburn, T, Madden, B, Callaghan, S & Ryan, CJ 2012, 'Leave to Intervene in Cases of Gender Identity Disorder; Normative Causation; Financial Harms and Involuntary Treatment; and the Right to Be Protected From Suicide', Journal of Bioethical Inquiry, vol. 9, no. 3, pp. 235-242.
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Stoianoff, NP 2012, 'The Influence of the WTO over China’s Intellectual Property Regime', The Sydney Law Review, vol. 34, no. 1, pp. 65-89.
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This article commences with a brief history of China's intellectual property policy and international relations over the past 150 years. China's engagement with the western construct of intellectual property rights is strongly aligned with China's international trade relations. In particular, this article will consider the influence of the enquiries into transparency that followed China's first review after accession to the WTO and then the dispute resolution process initiated by the United States specifically on issues of intellectual property enforcement. Despite the numerous international treaties and agreements on intellectual property rights that exist and to which China acceded in the early days of the Open Door Policy period, it was the need to become a member of the WTO and with that the expectation of compliance with the prescriptive requirements found in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights ("the TRIPS Agreement") that provided the greatest influence on the shaping of China's intellectual property regime today. Recent developments highlight a counterpoint in China's engagement with the TRIPS Agreement. This is indicated in China's willingness to align itself with the views of developing nations in the way that the TRIPS Agreement is interpreted and this is most evident in the recent Patent Law amendments which demonstrate China's desire to be an innovator, not a copier.

Stuhmcke, A 2012, 'The evolution of the classical ombudsman: a view from the antipodes', International Journal of Public Law and Policy, vol. 2, no. 1, pp. 83-83.
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The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen. Copyright © 2012 Inderscience Enterprises Ltd.

Thomson, M & Fox, M 2012, 'The changing politics of circumcision: HIV/AIDS, public health and social justice', Legal Studies, pp. 255-281.

Thorpe, DE 2012, 'Athlete Product Endorsement as a False and Thereby Unreasonable Partial Restraint of Trade', Macquarie Journal of Business Law, vol. 9, pp. 181-198.
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A major economic driver of modern Australian sport is the endorsement of sponsors products by sporting organisations. As the dominant contracting party the major sporting organisations have restrained athletes from competing in the lucrative endorsement market. Endorsement restraints are usually partial in scope to leave, at least ostensibly, some portion of the market for athlete exploitation. Granting partial access to the market may be thought sufficient to ward off challenges of unreasonableness brought by athletes under the common law restraint of trade doctrine. This paper questions this view to argue that the partial restraints are largely illusory and thereby unreasonable.

Thorpe, DE 2012, 'Expositions on the Restraint of Trade Threshold', Journal of Contract Law, vol. 29, no. 2-3, pp. 208-230.
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This article examines the legal basis of the restraint of trade `threshold tests formulated by the House of Lords in Esso Petroleum v Harpers Garage and affirmed by the High Court of Australia in Peters (WA) Ltd v Petersville Ltd. The purpose of these tests is to relieve a covenantee from the `burden of going into evidence to justify a restraint of trade. Commentary has often pointed to the inconsistencies in application of the various threshold tests. This article considers the origins of these tests to explain why these inconsistencies occur and in so doing suggests that the tests lack a proper grounding in law and logic and, as such, should be abandoned.Since at least the 15th century the restraint of trade doctrine has permitted covenantors aggrieved at wrongly being excluded from trade to challenge the validity of a trade restraint despite their contractual assent. It is of no small consequence that covenantors should be denied by application of the threshold tests access to the restraint of trade doctrine and deprived of the opportunity to argue as to `reasonableness under the Nordenfelt approach.

Thorpe, DE 2012, 'The obligations of mutual fidelity between athletes and their employers', Sports Law eJournal, vol. 22, pp. 1-9.
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This article considers the mutual obligations of fidelity between sportspeople and their employers. Is it an implied obligation of an employee athlete not to compete against his or her employer sporting organisation? Do employee athletes owe a lesser duty of fidelity because their employers routinely display less fidelity themselves?

van Rijswijk, H 2012, 'Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf’s Theory of Suffering', Feminist Legal Studies, vol. 20, no. 1, pp. 39-60.
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2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a "golden thread" of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law's framework to Virginia Woolf's subtle re-imagining and theorisation of responsibility in her novel Mrs. Dalloway (1925). I argue that Woolf critiques and supplements the law's representations of suffering. Woolf was interested in interpreting harms using a framework of neighbourly responsibility, but was also critical of the kinds of proximities recognised by society. Woolf made new harms visible within a framework of proximity: in this way, we might think of Woolf's work as theorizing a feminist aesthetic of justice, and as providing an alternate genealogy of responsibility to Donoghue v Stevenson.

Van Rijswijk, H 2012, 'STORIES OF THE NATION'S CONTINUING PAST: RESPONSIBILITY FOR HISTORICAL INJURIES IN AUSTRALIAN LAW AND ALEXIS WRIGHT'S CARPENTARIA', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 35, no. 2, pp. 598-624.

van Rijswijk, H 2012, 'Towards a Feminist Aesthetic of Justice: Sarah Kane’s Blasted as Theorisation of the Representation of Sexual Violence in International Law', Australian Feminist Law Journal, vol. 36, no. 1, pp. 107-124.
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Aesthetic considerations are bound up with thematic questions of justice, and an interdisciplinary engagement between law and culture offers methodologies through which to interrogate and reframe legal understandings of harm. While there is no particular form that can, a priori, be designated feminist, we can talk meaningfully about practices of representation, and methodologies, as being feminist or otherwise. This essay seeks to re-animate questions concerning the relationship between feminisms and representation, asking what it might mean to talk about a legal, feminist aesthetic: what are the terms of evaluation that seem relevant in judging representation as feminist or otherwise? What are the stakes of such an enquiry? These methodological questions will be considered with respect to a specific archive - first, a legal archive comprising recent feminist engagements with international criminal and human rights law dealing with sexual violence in conflict zones; and second, a cultural text, Sarah Kane's play Blasted (1995). This essay engages with and extends feminist commentary regarding the legal interventions, explicating the benefits of a law and culture approach to ongoing questions in feminist theories and practice. It provides an example of the ways in which a cultural text can illuminate problematic practices of representation that have developed in the law and critical commentary, and which seem natural or even unmoveable. The practice of re-seeing made available through engagement with this cultural text is, it is argued, a practice of justice.

Van Rijswijk, H & Anthony, T 2012, 'CAN THE COMMON LAW ADJUDICATE HISTORICAL SUFFERING?', MELBOURNE UNIVERSITY LAW REVIEW, vol. 36, no. 2, pp. 618-655.
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The case of South Australia v Lampard-Trevorrow opens up key questions about the capacity and willingness of the common law to adjudicate past acts of the state. This article considers the significance of the appeal decision by examining what distinguishes the case from past, unsuccessful claims and considers its implications for future claimants from the Stolen Generations. In addition, we consider what the case means in terms of the law's acceptance of a practice of historical and evidential interpretation that is different from previous cases, and how this is particularly important regarding the issue of parental consent. We argue that the role and interpretation of consent have broad ramifications for law's potential to adjudicate responsibility for historical harms. We also argue that the findings in relation to false imprisonment and fiduciary duty limit the potential of the Trevorrow cases. In particular, we examine, and lament, the Full Court's more limited reading of false imprisonment in contrast to the trial judgment.

Vijeyarasa, R 2012, 'The Cinderella syndrome: Economic expectations, false hopes and the exploitation of trafficked Ukrainian women', Women's Studies International Forum, vol. 35, no. 1, pp. 53-62.
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Vogl, A 2012, 'Alison Mountz, Seeking Asylum: Human Smuggling and Bureaucracy at the Border (Book Review)', Canadian Journal of Law and Society/La Revue Canadienne Droit et Société, Volume 27, vol. 27, no. 01, pp. 159-159.
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The last decade has given rise to an extensive and interdisciplinary body of literature addressing the securitization of migration. The particular contribution of Alison Mountz's book, which fits neatly into this area of scholarship, is its project of bringing a critical geographical focus to the regulation of unauthorized migration flows. Mountz maps contemporary migration policy with a persistent and careful eye to the geography of these policies and to the relationship between the regulation of migration and the manipulation of physical space. At a time when the business of border control is narrated as unquestionably related to (if not determinative of) the safety of the state, there is great value in Mountz's project of locating in time and place 'what states do in their interventions into human migration' and in the daily pursuit of border security.

Wilkinson, GM & Thompson, C 2012, 'Not Such a Crafty Corkscrew? Sheldon v Metrokane and the status of industrial designs as “works of artistic craftsmanship” under Australian law', European Intellectual Property Review, vol. 26, no. 12, pp. 548-555.

Allen, LP, Flint, JP, Meshew, G, Trevethan, J, Furlong, MJ, Martinez, B & Mobray, A 1970, 'Surface chemistry improvement of 100mm GaSb for advanced space based applications', Quantum Sensing and Nanophotonic Devices IX, SPIE OPTO, SPIE, CA, San Francisco.
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Anthony, T 1970, 'Indigenous Inclusion in Legal Education: Australian challenges and opportunities', Australasian Law Teachers Association Annual Conference 2012: Legal Education for a Global Community, University of Sydney Law School, Sydney, Australia, pp. 1-5.

Anthony, T 1970, 'Northern Territory Intervention and Indigenous Criminalisation: Implications for Pre-trial and Post-sentencing', Uluru Criminal Law Conference, Legalwise Seminars, Uluru, pp. 1-17.
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This paper addresses extended police powers under the Northern Territory National Emergency Response Act 2007 (Cth) and related measures.The key issues are: •Police widening and broadening: Federal authorities, taskforce Themis and Territory Police•Police powers and prosecution discretion•Case study: the rise and rise of prosecuting driving offences and alcohol related offences•Net results: Incarceration and the new era in corrections•Consequences for the courts and legal profession

Chung, PT, Mowbray, AS & Greenleaf, GW 1970, 'Searching without Search Terms: Mapping Concepts to Authorities in Law', Law Via the Internet 2012, Cornell University, Ithaca, NY, USA.

Dorsett, SG 1970, 'The Post-Colonial Turn: Networks of Empire and the 1838 Draft Act for the Amelioration of the Aboriginal Natives (NSW)', Griffith Legal History Seminar Series, Brisbane.

Furlong, MJ, Martinez, R, Amirhaghi, S, Smith, B & Mowbray, A 1970, 'Multiwafer production of epitaxy ready 4' GaSb substrates: requirements for epitaxially growth infrared detectors', Quantum Sensing and Nanophotonic Devices IX, SPIE OPTO, SPIE, CA, San Francisco.
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Greenleaf, GW, Chung, PT, Mowbray, AS & Salter, B 1970, 'Digitising and Searching Australasian Colonial Legal History', Australian History Conference, University of Adelaide.

Greenleaf, GW, Mowbray, AS & Chung, PT 1970, 'Reconsidering the Meaning of 'Free Access to Legal Information' After the Hague 'Guiding Principles'', Law Via the Internet 2012, Cornell University, Ithaca, NY, USA.

Libesman, T 1970, 'Pluaralising Indigenous child welfare', Law and Society Conference, Hawaii.

Martinez, R, Amirhaghi, S, Smith, B, Mowbray, A & Furlong, MJ 1970, 'Large diameter 'ultra-flat' epitaxy ready GaSb substrates: requirements for MBE grown advanced infrared detectors', SPIE Proceedings, SPIE Defense, Security, and Sensing, SPIE, MD, Baltimore.
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Mowbray, AS, Greenleaf, GW & Chung, PT 1970, 'Digitising Australasian Legal History', Law Via the Internet 2012, Cornell University, Ithaca, NY, USA.

Ryan, CJ, Robertson, M, Light, E, Callaghan, S, Boyce, P, Rosen, A, Carney, T, Cleary, M, Hunt, G & O'Connor, N 1970, 'NEW DIRECTIONS IN MENTAL HEALTH LAW', AUSTRALIAN AND NEW ZEALAND JOURNAL OF PSYCHIATRY, SAGE PUBLICATIONS LTD, pp. 17-17.

van Rijswijk, HM 1970, 'The Aesthetics of the Continuing Past, and the Ceremony of Adjudicating Historical Suffering', Ceremonies of Law, Ceremonies of Law Conference, Law, Literature and Humanities Assocation of Australia, Wollongong, Australia.

van Rijswijk, HM 1970, 'The Aesthetics of the Continuing Past: Responsibility for Historical Suffering in National Law and Literature', Law, Culture and the Humanities, 15th Annual Conference of the Association for the Study of Law, Culture, and the Humanities, Law, Culture and the Humanities Association, Texas Wesleyan University School of Law, USA.

van Rijswijk, HM & Anthony, T 1970, 'An Element of Bluff or Deception: Parental Consent and State Control in the Stolen Generations Cases', Program of 2012 International Conference on Law and Society: Sociolegal Conversations Across a Sea of Islands, 2012 International Conference on Law and Society: Sociolegal Conversations Across a Sea of Islands, Law and Society Association and Research Committee on Sociology of Law, Honolulu, Hawai'i, pp. 87-87.

Varnham, S, Evers, M & Booth, T 1970, 'Valuing their voices: responsibility and retention through student participation in school decision making', Socio-Legal Studies Association Annual Conference, de Mountfort University, Leicester, UK.
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Annual conference of Socio-Legal Studies Association. Dissemination of ECRG Research project

Wangmann, JM 1970, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for the Law? Some Questions from Australia', International Conference on Feminism and the Law: Revisiting the Past, Rethinking the Present and Thinking the Way Forward, Pune, India.
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Whether intimate heterosexual partner violence (IPV) is gendered in its perpetration remains one of the most hotly contested issues in the field. There has been a long and often acrimonious debate within the sociological literature that can loosely be characterised as a debate between family violence researchers (who see IPV as largely symmetrical in it perpetration) and feminist or violence against women researchers (who see IPV as asymmetrical in its perpetration, with women the predominant victims and men the predominant perpetrators). More recently, there has been growing recognition that these two groups of researchers are studying completely different populations and that IPV is not a homogenous category â that there are key differences to be found in terms of gender, motivation and impact. Michael Johnson, arguably the most notable researcher in this area, has identified five types of IPV differentiated on the basis of the presence or absence of control: coercive controlling violence, violent resistance, situational couple violence, separation-instigated violence and mutual violent control. This paper engages with this growing recognition of differences in IPV â and in particular the growing interest from family law (in Canada, the USA and Australia) to use this work on typologies. In this paper I explore the benefits that might be gained from differentiation, the way that this might assist in clarity in definition and the recognition of gender â at the same time express concern about the nature of the proposed typologies, in particular the way such typologies might be used in family law decision making; whether it is a useful tool or whether there are issues about the capacity of the legal system and legal professionals to take account of more nuanced understandings of IPV.

Wangmann, JM 1970, 'Understanding typologies of intimate family violence: does this help family lawyers in practice?', Legal Aid NSW Family Law Conference, Sydney.
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Over the last 15 years there has been a growing body of sociological research that argues that intimate partner violence is not homogenous - rather it is heterogeneous with differences in terms of gender, motivation, duration, impact and seriousness. Work has focused on different types of male perpetrators, different types of female perpetrators and different types of IPV generally. For example, Michael Johnson (with colleagues), arguably one of the most notable scholars in this field, has, over time posited five types of IPV (coercive controlling violence, violent resistance, mutual violent control, situational couple violence and separation-instigated violence). There has been growing interest in using typologies in the legal arena, particularly in family law decision-making across a number of jurisdictions (eg in Canada, the USA and Australia). Most significantly in 2011, the Family Court of Australia and the Federal Magistrates Court of Australia made specific reference to this work on differentiation in its Family Violence Best Practice Principles document. A small number of judicial officers have also been referring to the literature on differentiation in their judgments since 2008. This paper presents findings from a recent exploratory study with a small number of NSW accredited family law specialist solicitors about their understanding of this work on typologies and its relevance to family law.

Burn, JM 2012, Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012, pp. 1-9, Parliament of Australia website.
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This submission supports the clarification of slavery and sexual servitude offences and the creation of stand-alone offences of forced labour, deceptive recruiting and forced marriage in the Criminal Code Act 1995 (Cth). The Bill is praised for strengthening Australia’s compliance with international law. Anti-Slavery Australia also uses this opportunity to reiterate the need for a compensation scheme for victims of trafficking, which is not addressed in the Bill.

Burn, JM Good Shepherd Australia New Zealand 2012, Hidden Exploitation: Women in forced labour, marriage and migration, pp. 1-64, Australia.
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Understanding the gaps in prevention and protection needs in trafficking and exploitation of women and girls in Australia. An Evidence review.

Burn, JM 2012, Supplementary Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012., pp. 1-5, Parliament of Australia website.
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This supplementary submission outlines the visa framework for trafficked people in Australia and recommends allowing more time for victims to reflect and recover, as well as recommending that a permanent witness protection visa should be issued within 6 months of the grant of a criminal justice stay visa to provide security to victims.

Martin, P, Verbeek, M, Riley, S, Bartel, R & Le Gal, E Rural Industries Research and Development Corporation 2012, Innovations in Institutions to Improve Weed Funding, Strategy and Outcomes, pp. 1-110, Australia.
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In spite of much public and private effort, expenditure and creativity, reports show that the economic and environmental cost of weeds in Australia continues to grow. Australians face the sustainability challenges of a large and bio-diverse country, major resource exploitation industries, and a relatively small pool of funds and human resources to provide for protection and restoration. To effectively manage these combined challenges and ensure the sustainability of the Australian environment and equitable outcomes for Australians in general, Australians need to create legal, social, managerial and economic strategies that are far more effective than those used to date. To do so requires institutional as well as technological innovation. There has been increasing recognition over the past couple of decades that approaches to weed management must include better processes, particularly in engaging people in solutions, as well as more effective application of biophysical and social science. Weeds arrive in Australia and, in large part, continue to spread in Australia because of the activities of people.

Seguel González, A, Aconley-Jones, R, Adam, D, Dehm, S, Dehm, J & Buckley, E 2012, Occupy Policing: A Report into the Effects and Legality of the Eviction of Occupy Melbourne from City Square on 21 October 2011.

Kirkby, D 2012, 'A Decent Provision: Australian Welfare Policy, 1870-1949.', ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD, pp. 496-497.

Kirkby, D 2012, 'Sweatshops at Sea: Merchant Seamen in the World's First Globalized Industry, from 1812 to the Present', AUSTRALIAN SOC STUDY LABOUR HISTORY, pp. 221-223.

Leary, DK 2012, 'Australian Water Law, by Kate Stoeckel et al', Law Society of New South Wales, pp. 82-82.

Longman, CD, Watson, N, Nicholson, A, Vivian, A, Priest, T, De Santolo, J, Gibson, P, Behrendt, L & Cox, E 2012, 'Listening But Not Hearing: A Response to the NTER Stronger Futures Consultations June to August 2011.'.
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A report compiled between researchers at Jumbunna Indigenous House of Learning evaluating the Stronger Futures consultation process against Australia’s obligations under international law to consult with Aboriginal and Torres Strait Islander Peoples in relation to decisions that affect them.The Report includes a 'Report Card' providing an overview of the efficacy of the consultation process.

Luker, T 2012, 'Book Review: Aboriginal Child Welfare, Self-government and the Rights of Indigenous Children by Sonia Harris-Short', ANU E Press and Aboriginal History Incorporated, pp. 189-191.
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Review of Aboriginal Child Welfare, Self-government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law by Sonia Harris-Short (Ashgate, Farnham, 2012)

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2012, 'Preface', Cambridge University Press, pp. xi-xiii.
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© Cambridge University Press 2012. International migration has been a topic on the lips of policy makers for a very long time. The policy interests of States vary widely. Some seek to promote immigration to meet local labour shortages, or facilitate emigration to generate a stream of remittances and foster local development. Others take a more cautious approach because of concerns about irregular migration or national security, or because their societies historically have not welcomed foreigners. These different policy stances are reflected in a vast and complex array of national migration laws that span issues of nationality, entry, exit, deportation, detention, visa classes, status determination, migration-related crime and access to social services. These laws are generally well known within States because they are applied on a daily basis by immigration officials, consular officers, border patrols and crime investigators. By contrast, the framework of international law governing migration is fragmented and unfamiliar. While some pockets are well recognised - refugee law being the principal example - many dimensions of the international legal framework remain unknown to all but a small coterie of specialists. Many individuals who formulate national migration laws, policies and practices, or are required to implement them, are thus unaware of the rich lode of international agreements, customary law, resolutions, recommendations and guidelines informing developments at the national level.

Stuhmcke, AG 2012, 'Torts', Zortonomy, Apple Store.
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The first Torts App for Australia.

Vogl, AF 2012, 'Coroner says Christmas Island tragedy was ‘foreseeable’', Legal Service Bulletin Co-operative Ltd, pp. 139-139.

Wangmann, J 2012, 'A Royal Commission into Child Abuse - How do we measure its effectiveness or 'success'?', The Conversation.

Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S 2012, 'Emerging challenges in privacy law: Comparative perspectives', Cambridge University Press, Cambridge UK, pp. 1-448.
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This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.