Publications

Anthony, T 2013, Indigenous People, Crime and Punishment, 1, Routledge, New York.
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© 2013 Thalia Anthony. Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Crofts, P 2013, Wickedness and Crime, 1, Routledge, London and New York.
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Malice of Law examines how criminal legal doctrine and jurisprudence organises and expresses ideas about wickedness through the prism of malice. Whilst many legal theorists accept that the criminal legal system is a system of blaming, they do not consider that blaming involves censure or reproof for fault, wrong, badness or wickedness. Historically, the link between criminal law and morality was explicit, and expressed through evaluative terms in offence formulae such as malice and mens rea. Now, however, there is a tendency to think of crime in neutral procedural terms and to avoid reference to its normative elements. Through an analysis, which is both historical and contemporary, Penny Crofts reverses this modern tendency by addressing how the legal system communicates what it means to be at fault - to be bad, or to be wicked. Despite claims to the contrary, criminal law communicates and sanctions particular models of wickedness. Arguing that the current dominant idea of wickedness communicated in criminal law lacks nuance and fails to explain much of what the legal system does, Malice of Law examines its implications in terms of the legal subject, social responsibility and the jurisdiction of the legal system.

Fineman, MA & Thomson, M 2013, Exploring masculinities: Feminist legal theory reflections, Ashgate Publishing, Ltd..
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While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas. © Martha Albertson Fineman, Michael Thomson and the contributors 2013. All rights reserved.

Hohmann, J 2013, The Right to Housing: Law, Concepts, Possibilities, Hart Publishing, UK.

Redmond, PM 2013, Corporations and financial markets law, 6th Edition, Thomson Reuters, Sydney, Australia.

Ries, N 2013, Public Health Law and Policy in Canada, 3rd, LexisNexis Canada.

Berg, L 2013, 'Migrating Rights' in Arvanitakis, J & Matthews, I (eds), The Citizen in the 21st Century, BRILL, Oxfordshire, United Kingdom, pp. 61-71.
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Berg, L & Millbank, J 2013, 'Developing a Jurisprudence of Transgender Particular Social Group' in Thomas Spijkerboer (ed), Fleeing Homophobia: Sexual Orientation, Gender Identity and Asylum, Routledge, Oxford, pp. 55-81.
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Berg, LA & Millbank, J 2013, 'Sexuality and Equality Law' in Goldberg, SB (ed), Sexuality and Equality Law, Routledge, Burlington, pp. 275-299.
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Burns, M 2013, 'Shifting global power and shifting state power: DRIP, BRICs and CANZUS' in Shifting Global Powers and International Law: Challenges and Opportunities, pp. 154-170.
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Dobinson, I 2013, 'Doctors who kill and harm their patients: the Australian experience' in Griffiths, D & Sanders, A (eds), Bioethics, Medicine and the Criminal Law, Cambridge University Press, United Kingdom, pp. 248-264.
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Dobinson, I 2013, 'The guilty plea: an Australian/Chinese comparison' in McConville, M & Pils, E (eds), Comparative Perspectives on Criminal Justice in China, Edward Elgar Publishing, United Kingdom, pp. 187-205.
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Dobinson, I 2013, 'The guilty plea: an Australian/Chinese comparison' in Comparative Perspectives on Criminal Justice in China, Edward Elgar Publishing.
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Fineman, MA & Thomson, M 2013, 'Introduction' in Exploring Masculinities: Feminist Legal Theory Reflections, pp. 1-6.

Fox, M & Thomson, M 2013, 'HIV/AIDS and male circumcision: Discourses of race and masculinity' in Exploring Masculinities: Feminist Legal Theory Reflections, pp. 97-113.

Goldblatt, B & Rosa, S 2013, 'Social Security Rights' in Langford, M, Cousins, B, Dugard, J & Madlingozi, T (eds), Socio-Economic Rights in South Africa, Cambridge University Press, United States of America, pp. 253-274.
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© Cambridge University Press 2014. Introduction Almost one third of the South African population (16 million people out of a total population of 50 million) benefit from social assistance grants as at 30 September 2012 (South African Social Security Agency [SASSA], 2012). The social security system in South Africa has grown dramatically over the past decade and a half. It is considered by government and non-government sectors to be the most successful poverty alleviation programme in the country, given its wide reach and developmental impact on high levels of poverty and unemployment. This chapter tries to understand which strategies were most effective in ensuring that the government met and increased its obligations to realise the right to social security in South Africa's Bill of Rights. The chapter suggests that litigation played an important role, in combination with advocacy and lobbying by civil society, to both pressure the government and support progressive elements within it to implement and expand the reach of the right to social security (through extending existing grants). Efforts to introduce new grants within anti-poverty campaigns and through lobbying and advocacy strategies were less successful in achieving realisable results, although they may have contributed to change in symbolic and political terms by raising awareness of socio-economic rights provisions and of the high levels of unmet needs in poor communities.

Grossi, R 2013, ''The Radicalism of Romantic Love' Catalogue Essay', School of Art Foyer Gallery, Australian National University.

Guo, Y 2013, 'Unequal China' in Sun, W & Guo, Y (eds), Unequal China: The Political Economy and Cultural Politics of Inequality, Routledge, UK, pp. 12-26.
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Henderson, M, de Zwart, M, Lindsay, D & Phillips, M 2013, 'Legal risks and social networking: Removing the blinkers on cyber safety' in From Cyber Bullying to Cyber Safety: Issues and Approaches in Educational Contexts, pp. 133-148.
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While projects have tackled the issue of cyberbullying surrounding the use of social media and in particular social network sites, little research has been performed in Australia and internationally on the broader legal issues such as privacy, intellectual property, copyright, unauthorised disclosure and criminal law. This chapter describes some of these serious and frequently misunderstood legal risks, drawing on an extensive review of regulatory frameworks, research literature and a large scale study of middle school students, their caregivers and teachers. Much of the literature dealing with cyber safety generally focuses upon abusive behaviour, such as cyber-bullying and grooming. Little attention has been given to other, potentially more common, legal risks. Therefore this chapter attempts to fill a gap in that literature. After an analysis of Australian and international regulatory frameworks, legal rulings, media reports and various studies, four key areas were identified as giving rise to relevant legal liability for young people: privacy, disclosure and breach of confidence; intellectual property rights, especially copyright infringement; defamation; and criminal laws, including harassment and offensive material. Our findings indicate that the most serious legal risks arise from the unforeseen consequences of publication to an unintended audience. Thus, user education has an important role to play in minimising such risks. © 2013 Nova Science Publishers, Inc. All rights reserved.

Hitchens, L 2013, 'Commercial Content and its Relationship to Media Content: Commodification and Trust' in Price, ME, Verhulst, SG & Morgan, L (eds), Routledge Handbook of Media Law, Routledge, New York, pp. 87-104.

Kennedy, A 2013, 'Biology, parentage and responsibility in Australian family law: Accounting for the ‘vagaries of nature’' in Taking Responsibility, Law and the Changing Family, pp. 177-200.

Millbank, J 2013, 'Sexual orientation and refugee status determination over the past 20 years: Unsteady progress through standard sequences?' in Thomas Spijkerboer (ed), Fleeing Homophobia: Sexual Orientation, Gender Identity and Asylum, Routledge, Oxford, pp. 32-54.
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In this chapter, I sketch a framework for analysis of sexual orientation based asylum claims that aims to accommodate Doth common themes and divergent ourcomes (Jansen and Spijkerboer 2011: 14; O'Dwyer 2008; and more generally Ramji-Nogales et al. 2009) across the range of jurisdicrions grappling with these issues to date. I take as my starting point Kees Waaldijk's work from the late 1990s, in which he claimed a discernible trend of 'steady progress' through 'standard sequences' in the development of sexual orientation rights across the European Union in the last third of the twentieth century (Waaldijk 2001b). Waaldijk suggested that within these trends there were two 'laws' or preconditions to reform, which he titled the 'law of small change' and the 'law of symbolic preparation'. I suggest that progress in sexuality rights in refugee status determination (RSD) has in fact been rather tlnsteady, with significant informal resistance springing up to take the place of doctrinal obstacles as these are dismantled.

Muir, K & Goldblatt, B 2013, 'Complementing or conflicting human rights conventions? Realizing an inclusive approach to families with a young person with a disability and challenging behaviour' in Moore, M (ed), Moving Beyond Boundaries in Disability Studies: Rights, Spaces and Innovations, Routledge, Oxon, pp. 121-134.

Nelson, J & Dunn, KM 2013, 'Racism and anti-racism' in Jakubowicz, A & Ho, C (eds), For Those Who’ve Come Across the Seas: Australian Multicultural Theory, Policy and Practice, Australian Scholarly Publishing, Melbourne, pp. 259-276.

Riley, J 2013, 'Regulatory responses to the blurring boundary between employment and self-employment: A view from the Antipodes' in Kiss, G (ed), Recent developments in labour law, Akademiai Kiado, Wolters Kluwer group, Budapest, pp. 131-149.

Sherwood, J, Watson, N & Lighton, S 2013, 'Peer support: mentoring responsive and trusting relationships' in Craven, RG & Mooney, J (eds), Diversity in Higher Education, Emerald Group Publishing Limited, Bingley, UK, pp. 187-208.
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Purpose: The aim of the research was to gather information about Indigenous and non-Indigenous students' classroom experiences. This chapter examines what made the classroom environment in this course, Balancing Worldviews, different to other classroom experiences. It was also undertaken for students to provide their standpoints on how safe classroom environments are created for students and lecturers to share their views and perspectives. Methodology: The study employed a Collaborative Community Participatory Action Research (CCPAR) model. The praxis and sequencing of action requires practical, reflective engagement focused upon solution development, as identified by the collaborative community (Indigenous and non-Indigenous students). Qualitative data was collated via focus groups and individual in-depth interviews with students. Findings: We learnt through the research Classroom experiences of Indigenous and non-Indigenous students: Building safe engagement by sharing stories that demonstrated a particular theme and situations of the week; the stories were about family, political issues, working experiences. These stories supported student learning and transformed the learning space into a place that was safe for students to share their experiences. This way of learning was acknowledged as personal, nonhierarchical and relational, establishing connections between the learner and sharer of the story. Value: This research focused on how students' experience of safety shaped the nature and level of their engagement and their ability to provide peer support. The stories shared by students are indicative of the necessity of growing safer classrooms. The emphasis was on story-telling and knowledge sharing, which is circular and takes time to develop within a group. The focus group discussions established a number of themes that were taken up and explored further in the in-depth interviews. Practical implications: We believe this research interaction is vit...

Thorpe, DE 2013, 'Corruption and Gambling in Sport' in Thorpe, D, Buti, A, Davies, C & Fridman, S (eds), Sports Law, Oxford University Press, Melbourne Australia, pp. 227-266.
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The first comprehensive research treatment of sports gaming and corruption including analysis of the 2012 NSW 'Cheating at Gambling' provisions of the Crimes Act 1900.

Vrdoljak, A 2013, 'Enforcement of Restitution of Cultural Heritage through Peace Agreements' in Francioni, F & Gordley, J (eds), Enforcing International Cultural Heritage Law, Oxford University Press, Oxford, United Kingdom, pp. 22-39.
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Peace agreements consolidated in modern times provide an important source of international law. They have been especially significant in the formulation of the international and regional protection of cultural heritage from the early 20th century onwards.' There has been a marked escalation in the number, and a transformation in the nature, of armed conflicts since the end of the Cold War.2 Most are intra-state conflicts, with many driven by ethnic and religious differences,3 with minorities and indigenous peoples 'often the targets, rather than the perpetrators of violence'.4 This period has also witnessed a concomitant proliferation in peace agreements.s Although peace agreements covering intra-state conflicts had increased, a significant proportion of conflicts resumed, particularly those with an 'ethnic' element.' The UN Secretary-General noted, '[N]urturing ethnic cultures and traditions lay[s] the foundations for lasting stability'.'

Vrdoljak, A 2013, 'Gross Violations of Human Rights and Restitution: Learning From Holocaust Claims' in Lyndel, LV, Redmond-Cooper, R & Urice, S (eds), Realising Cultural Heritage Law, Institute of Art and Law Ltd, United Kingdom, pp. 163-188.

Vrdoljak, A 2013, 'Liberty, Equality, Diversity: States, Cultures and, International Law' in Ana Vrdoljak (ed), The Cultural Dimension of Human Rights, Oxford University Press, Oxford, United Kingdom, pp. 26-70.

Watson, N 2013, 'What do we want? Not native title, that’s for bloody sure' in The Aboriginal Tent Embassy: Sovereignty, Black Power, Land Rights and the State, pp. 184-298.
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Abbas, R, Michael, K, Michael, MG & Nicholls, R 2013, 'Sketching and validating the location-based services (LBS) regulatory framework in Australia', COMPUTER LAW & SECURITY REVIEW, vol. 29, no. 5, pp. 576-589.
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Alexander, I 2013, 'A Map, a Poem and Two Copyright Statutes', [2013] ANZLH E-Journal, Refereed Paper, vol. 2013, no. 5, pp. 1-12.
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In 1671 the nautical instrument and mapmaker John Seller published The English Pilot, which contained a map titled `A General Chart of the West Indias. 1 In 1733, Jonathan Swift published On Poetry, a rhapsody, a sarcastic and satirical litany of advice to aspiring poets and critics, which included the quatrain: So Geographers, in Afric-Maps, With Savage Pictures fill their Gaps, And oer unhabitable Downs, Place Elephants for want of Towns. 2 In 1735 the first statute explicitly to provide legal protection against copying engravings was passed by Parliament.3 In 1767, that statute was amended by a second Act which explicitly extended that protection to cover maps, charts and plans

Anthony, T 2013, 'Governing Crime in the Intervention', Law in Context, 2009, vol. 27, no. 2, pp. 90-113.

Anthony, T & Blagg, H 2013, 'STOP in the Name of Who's Law? Driving and the Regulation of Contested Space in Central Australia', SOCIAL & LEGAL STUDIES, vol. 22, no. 1, pp. 43-66.
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This article emerges from a study of the incidence of Indigenous driving offending conducted by the authors in the Northern Territory (NT) from 2006 to 2010 on two central Australian communities. It demonstrates how new patterns of law enforcement, set in train by an `Emergency Intervention in 2007, ostensibly to tackle child sexual abuse and family violence, led to a dramatic increase in the criminalisation of Indigenous people for driving-related offending. We suggest that the criminalisation of driving-related offending was part of a neocolonial turn in the NT through which the state sought to discipline, normalise and incorporate as yet uncolonised, or unevenly colonised, dimensions of Indigenous domain into the Australian mainstream. In terms of methodology, we adopted a mix of quantitative and qualitative approaches, blending criminal justice and policing data with insights from criminological, anthropological and postcolonial theory. We argue that running together the insights from different disciplinary traditions is necessary to tease out the nuances, ambiguities and complexities of crime control strategies, and their impact, in postcolonial contexts.

Anthony, T & Schwartz, M 2013, 'INVOKING CULTURAL AWARENESS THROUGH TEACHING INDIGENOUS ISSUES IN CRIMINAL LAW AND PROCEDURE', LEGAL EDUCATION REVIEW, vol. 23, no. 1, pp. 31-55.
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The article focuses on the cultural awareness through teaching the indigenous issues in criminal law and procedures. Topics discussed include role of the threshold learning outcomes (Twos) in invoking cultural awareness, cultural diversity and legal discrimination. It also discusses the importance of teaching indigenous laws to the students and making it a part of the educational curriculum.

Biber, K 2013, 'IN CRIME'S ARCHIVE The Cultural Afterlife of Criminal Evidence', BRITISH JOURNAL OF CRIMINOLOGY, vol. 53, no. 6, pp. 1033-1049.
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This article explores the cultural afterlife of criminal evidence. During the criminal trial, strict rules govern the collection, admission and interpretation of evidence at trial. However, after the conclusion of the trial, this material returns to a notional 'archive' and is sometimes used by artists, scholars, curators and others, but subject to no rules or standards. This article examines a range of instances in which criminal evidence has been used post-trial, and proposes a jurisprudence of sensitivity for responding to the harm that is sometimes done when criminal evidence leads a cultural afterlife. © The Author 2013. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved.

Biber, K, Doyle, P & Rossmanith, K 2013, 'Perving atCrimeScenes', Griffith Law Review, vol. 22, no. 3, pp. 804-814.
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This is a conversation between 3 scholars. It was peer reviewed by the journal editors, and members of the journal's editorial board.

Boom, K, Ben-Ami, D, Boronyak, LJ & Riley, S 2013, 'The role of inspections in the commercial kangaroo industry', International Journal of Rural Law and Policy, vol. 2013, no. Occasional, pp. 1-19.
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This article provides an assessment of the enforcement of the law governing commercial kangaroo killing, focusing particularly upon inspectorial practices. Australias kangaroo industry is the largest commercial kill of land-based wildlife in the world. Professional shooters hunt kangaroos in rural and remote locations at night. Due to the remote and decentralised nature of the killing, the industry presents unique challenges to law enforcement agencies that are responsible for the enforcement of animal welfare standards. This article focuses upon the role that inspections have in detecting offences within the commercial kangaroo industry. It provides a comparative analysis across the states, highlighting key differences in terms of inspectorial practices and the resulting outcomes. A common theme across all of the jurisdictions is that none of the agencies responsible for enforcement regularly conduct inspections of shooters, making it impossible to ensure that these parties are complying with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies. Recommendations for reform are offered, including stronger compliance policy, higher rates of inspection, increased resourcing and the introduction of alternative methods of inspection.

Booth, T 2013, 'Victim Impact Statements and the Nature and Incidence of Offender Remorse: Findings from an Observation Study in a Superior Sentencing Court', Griffith Law Review, vol. 22, no. 2, pp. 430-455.
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Scholars have argued that disclosure of the impact of the crime on the victim through victim impact statements has the potential to produce an emotional response in offenders that creates an opportunity for offenders to express remorse and apologise to crime victims in the sentencing hearing. Implicit in this claim is the concept that the incidence of such victim focused remorse is a virtue and a positive restorative element of VISs. Drawing from data largely generated by observation of eighteen sentencing hearings of homicide offenders and semistructured interviews with fourteen family victims, this article examines this claim by exploring offender response to victim impact statements, and the nature and incidence of offender remorse observed in the courtroom.

Bowley, RN 2013, '‘DPP v JM: High Court clarifies the meaning of “artificial price under s 1041A’', Butterworths Corporation Law Bulletin, vol. 2013, no. 17, pp. 2-10.

Bowley, RN 2013, '‘Market integrity vs Systemic stability: Should APRA have the power to suspend a regulated entity’s continuous disclosure obligations?’', Butterworths Corporation Law Bulletin, vol. 2013, no. 3, pp. 2-5.

Bowley, RN 2013, '‘NSW Court of Criminal Appeal confirms Contracts for Difference are Division 3 financial products: Joffe v R; Stromer v R [2012] NSWCCA 277’', Butterworths Corporation Law Bulletin, vol. 2013, no. 9, pp. 5-9.

Burns, M 2013, 'Towards growing Indigenous culturally competent legal professionals in Australia', INTERNATIONAL EDUCATION JOURNAL, vol. 12, no. 1, pp. 226-248.

Callaghan, S, Ryan, C & Kerridge, I 2013, 'Risk of suicide is insufficient warrant for coercive treatment for mental illness', International Journal of Law and Psychiatry, vol. 36, no. 5-6, pp. 374-385.
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Carney, T 2013, 'Commentary: Regulatory dividends of scandal – the Chelmsford legacy?', Australasian Psychiatry, vol. 21, no. 3, pp. 220-223.
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Carney, T 2013, 'Participation and service access rights for people with intellectual disability: A role for law?', Journal of Intellectual & Developmental Disability, vol. 38, no. 1, pp. 59-69.
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Crofts, P 2013, 'Monstrous Wickedness and the Judgment of Knight', Griffith Law Review, vol. 21, no. 1, pp. 72-100.
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In February 2000, Katherine Mary Knight killed, then skinned, decapitated and cooked her lover in rural Australia. Knight pleaded guilty to murder and received a life sentence, against which she unsuccessfully appealed in Knight v R [2006] NSWCCA 292. I consider the way in which the majority judgments organised and expressed Knight's culpability in accordance with a model of monstrous wickedness, arguing that models of wickedness articulated and applied in criminal law should be evaluated critically. The judgment of the court constructed and responded to Knight as bad, a monster who is (and will always be) dangerous (especially to men) and ultimately irredeemable. Not only do monsters justify and require extreme measures, they also contaminate and undermine systems of orders - the judgments of Knight thus read more consistently with the genre of horror than that of law. The model of monstrous wickedness ostensibly works particularly well for women who kill, as it preserves the law's tendency to organise women as lacking agency. However, this model also generates a clash of binaries when applied to women. The monster/victim binary ascribes agency to the monster, generating difficulties for the law to reconcile the notion of a female monster with legal assumptions of the absence of female agency. This results in the problem of the female monster. The judicial creation of a horror movie monster that lacks basic humanity facilitates an abdication of the legal (and moral) task of judging a human being as human.

Crofts, P 2013, 'SEX, CULPABILITY AND THE DEFENCE OF PROVOCATION', ALTERNATIVE LAW JOURNAL, vol. 38, no. 1, pp. 64-65.

Crofts, P 2013, 'The Poisoned Apple of Malice', Griffith Law Review, vol. 22, no. 1, pp. 150-179.
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Contemporary criminal law tends to regard malice through the lens of act, intention and consequence. I argue that this modern reading of malice through contemporary patterns of blameworthiness is a misreading, and loses alternative (legal) ways of organising wickedness. Historical accounts of malice can and should be regarded as a (legal) resource by which to critique and enrich modern accounts of blameworthiness. To this end, I explore the construction of malice as a cogent, resonant concept of legal wickedness by treatise writers in the sixteenth to eighteenth centuries. Treatise writers aimed to ensure that malice was sufficiently broad and malleable so that wickedness would not escape the law. Saunders' case was integral to the construction of malice, and it was used by treatise writers to claim and demonstrate the malleability of malice. Saunders had malice because he caused the death of a subject of the Queen, with premeditation and through the uncanny act of poisoning. The slippage across modern patterns of blameworthiness should not be regarded as a failure to settle upon a pure definition of malice, but as integral to the function of malice to persuade that wickedness would not escape the law.

Crofts, P, Hubbard, P & Prior, J 2013, 'Policing, planning and sex: Governing bodies, spatially', AUSTRALIAN AND NEW ZEALAND JOURNAL OF CRIMINOLOGY, vol. 46, no. 1, pp. 51-69.
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Literatures on the regulation of conduct have tended to focus on the role of policing and the enforcement of criminal law. This paper instead emphasizes the importance of planning in shaping conduct, using the example of how planning shapes sexual conduct to demonstrate that planning can, in different times and places, exercise police-type powers. We illustrate this by analysing the regulation of brothels in Sydney and Parramatta, NSW, Australia, providing a case study of spaces of sexuality that historically were constructed and regulated as criminal, but have since become lawful. This paper examines the ways in which these transitions in law have been differently expressed and accomplished through local planning enforcement. In making such arguments, the paper emphasizes not only the potential for planners to act like police, but also the capacity of planning to supplant policing as a key technique of governmentality. © The Author(s) 2013 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Diane Kirkby 2013, '“Those Knights of the Pen and Pencil”: Women Journalists and Cultural Leadership of the Women's Movement in Australia and the United States', Labour History, no. 104, pp. 81-81.
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Fox, M & Thomson, M 2013, 'REALISING SOCIAL JUSTICE IN PUBLIC HEALTH LAW', Medical Law Review, vol. 21, no. 2, pp. 278-309.
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Garner, A & Kirkby, D 2013, '‘Never a Machine for Propaganda’? The Australian-American Fulbright Program and Australia's Cold War', Australian Historical Studies, vol. 44, no. 1, pp. 117-133.
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Greenleaf, G, Mowbray, AS & Chung, PT 2013, 'The Meaning of 'Free Access to Legal Information': A Twenty Year Evolution', Journal of Open Access to Law, vol. 1, no. 1, pp. 1-68.

Greenleaf, G, Vivekanandan, VC, Chung, P, Singh, R & Mowbray, A 2013, 'Challenges for Free Access to Law in a Multi-Jurisdictional Developing Country: Building the Legal Information Institute of India', Journal of National Law University Delhi, vol. 1, no. 1, pp. 63-93.
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Hawes, C 2013, 'Primetime Dispute Resolution: Reality TV Mediation Shows in China's 'Harmonious Society'', Accepted for Law & Society Review, vol. 47, no. 4, pp. 739-770.
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Through a case study of reality TV mediation shows, this article joins the debate about the recent promotion of formal and informal mediation by the Chinese government, what some scholars have called a 'turn against law' (Minzner 2011). We identify three converging reasons for the sudden popularity of mediation shows on Chinese primetime television: (1) the desire of TV producers to commercially exploit interpersonal conflicts without fanning the flames of social instability; (2) the demands of official censors for TV programming promoting a 'harmonious society'; and (3) the requirement for courts and other government institutions to publicly demonstrate their support for mediation as the most 'appropriate' method for resolving interpersonal and neighborhood disputes. Cases drawn from two top-rated mediation shows demonstrate how they privilege morality and 'human feeling' (ganqing) over narrow application of the law. Such shows could be viewed merely as a form of propaganda, what Nader has called a 'harmony ideology'-an attempt by the government to suppress the legitimate expression of social conflict. Yet while recognizing that further political, social, and legal reforms are necessary to address the root causes of social conflict in China, we conclude that TV mediation shows can help to educate viewers about the benefits and drawbacks of mediation for resolving certain narrow kinds of domestic and neighborhood disputes. © 2013 Law and Society Association.

Heino, B 2013, 'The state, class and occupational health and safety: locating the capitalist state's role in the regulation of OHS in NSW', Labour & Industry: a journal of the social and economic relations of work, vol. 23, no. 2, pp. 150-167.
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This paper adopts a Marxist political economy approach to locate the place of an occupational health and safety (OHS) legal regime within capitalist economic, political and social relations. A theoretically rigorous account of OHS regulation requires a systemic integration of class and the state as analytic categories. It is argued that OHS regulation is a product of the historical epoch of capitalism in which it is inserted and the nature of the state as a ‘strategic-relational,’ form-determined social relationship. This hypothesis is tested through an analysis of the legislation in New South Wales (NSW) emanating from the findings of the 1972 UK Robens Committee and 1981 NSW Williams Report. It is demonstrated that the case study period represents a transitional era in which the impulses to regulate OHS stem from both a labour movement strengthened by the post-War Fordist boom and an ‘institutional search’ to find ways out of the developing economic crisis.

Hobbs, H 2013, 'Ubi jus ibi remedium or not?: Damages for executive breaches of human rights', Precedent (Sydney, NSW), pp. 10-14.

Hobbs, H & Trotter, A 2013, 'How far have we really come? Civil and political rights in Queensland', Bond Law Review, vol. 25, no. 2, pp. 166-203.
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The 2012 state election landslide for the Liberal National Party has had significant consequences for minority groups in Queensland. The Premier’s election night declaration that his government would make the State a better place to live for all Queenslanders has been pushed to one side, as the Attorney General has set about ‘levelling the playing field so that the laws suit the majority and not the minority’. This article takes a critical look at the government’s legislative agenda, placing its reforms in a historical context to illustrate that each reform is a step backward that unravels centuries of gradually calculated reform aimed at protecting human rights.

Hobbs, HO 2013, 'The Security Council and the Complementary Regime of the International Criminal Court: Lessons from Libya', Eyes on the ICC, vol. 9, no. 1, pp. 19-52.
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On February 26, 2011, in the wake of sweeping protest movements and resulting government-sponsored violence across the Arab world, the Security Council adopted Resolution 1970 referring the Situation in Libya to the Prosecutor of the International Criminal Court (ICC). This was only the second occasion that the Council had, in acting under its Chapter VII powers of the Charter of the United Nations, referred a situation to the Court pursuant to Article 13(b) of the Rome Statute. When, just two weeks later, the United Nations Security Council adopted Resolution 1973 creating the legal basis for military intervention in Libya, it appeared that the ICC was well placed to strike a powerful blow for international criminal law, justice, and the Libyan people. Unfortunately, this has not been the case. This article asks why—it finds that an impasse exists between the ICC and the Libyan National Transitional Council due to the doctrinal uncertainty as to the applicability of the principle of complementarity under Security Council referrals. Although complementarity has been described as the cornerstone of the ICC, questions persist as to whether the Security Council, as the body charged with the primary responsibility for the maintenance of international peace and security, can abrogate this principle and confer jurisdictional primacy upon the ICC. This article seeks to resolve this issue through a comprehensive analysis of the Rome Statute, the Charter of the United Nations and subsequent practice of the Office of the Prosecutor of the ICC. Finding that the Security Council must abide by the principle of complementarity, this article concludes by analyzing the consequences for Libya and for future Council referrals, proposing that an ICC trial in situ offers compelling benefits for this and similar cases involving states transitioning from despotism.

Hubbard, P, Boydell, S, Crofts, P, Prior, J & Searle, G 2013, 'Noxious neighbours? Interrogating the impacts of sex premises in residential areas', ENVIRONMENT AND PLANNING A, vol. 45, no. 1, pp. 126-141.
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Premises associated with commercial sex-including brothels, striptease clubs, sex cinemas, and sex shops-have increasingly been accepted as legitimate land uses, albeit ones whose location needs to be controlled because of assumed 'negative externalities'. However, the planning and licensing regulations excluding such premises from areas of residential land use are often predicated on assumptions of nuisance that have not been empirically substantiated. Accordingly, this paper reports on a survey of those living close to sex industry premises in New South Wales, Australia. The results suggest that although some residents have strong moral objections to sex premises, in general residents note few negative impacts on local amenity or quality of life, with distance from a premise being a poor predictor of residents' experiences of nuisance. These f ndings are considered in relation to the literatures on sexuality and space given regulation which ultimately appears to reproduce heteronormative moralities rather than respond to genuine environmental nuisances.

Karpin, IA, Millbank, J & Stuhmcke, A 2013, 'Editorial: Towards Facilitative Regulation of Assisted Reproductive Treatment in Australia', Journal of Law and Medicine, vol. 20, no. 4, pp. 701-711.
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This editorial introduces four articles reporting on the results of a four-year ARC-funded research project undertaken at the University of Technology Sydney. The study explored how Australian laws and policies across States and Territories affected the decisions of assisted reproductive treatment users with respect to their frozen embryos. In this editorial we offer some conclusions about the impact of the law which we argue fundamentally fails to take account of the diversity of ways in which embryos have meaning for the women and men who created them. We believe that informed choice and autonomy in the area of reproduction is vital. This goes beyond 'consent' to a particular outcome and involves an active and ongoing process of selection. State intervention in decisions about family formation should only occur in pursuit of legitimate objectives, justified by evidence, and intrude only to the extent that is absolutely necessary. Therefore, we conclude that there must be a fundamental rethinking of the role of the state in the regulation of assisted reproductive treatment towards one of facilitative regulation. Major reforms that follow from this reconceptualisation include the provision of external information-giving and dispute resolution body or bodies to assist genuinely informed decision-making.

Karpin, IA, Millbank, J & Stuhmcke, A 2013, 'Editorial: Towards Facilitative Regulation of Assisted Reproductive Treatment in Australia'.

Kennedy, A 2013, 'Reassessing the Definition of Sex and Gender', Alternative Law Journal, vol. 38, no. 3, pp. 186-187.
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Kirkby, D 2013, '“Those Knights of the Pen and Pencil”: Women Journalists and Cultural Leadership of the Women’s Movement in Australia and the United States', Labour History, no. 104, pp. 81-100.
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Journalism has been crucial to progressive political movements, and the work of journalists has provided the cultural leadership necessary for recruiting members and advancing the cause. This cultural leadership is explored through the journalism of three women who in Australia and the United States, wrote for a labour and socialist readership and also edited a periodical. Combining paid work and activism, journalism gave them an occupation that was an example to other women, and a vehicle for publicising women’s rights. Exercising leadership through print media was important in expanding women’s economic citizenship and their political engagement. Through their words and personal example over a century, these three women journalists – Alice Henry, Jennie Scott Griffiths and Della Elliott – provided the leadership that helped construct women in the twentieth century as active political subjects.

Kirkby, DE 2013, '‘As this painting suggests’: The Power and Perspective of the Visual in Law and History', Law and History, pp. 1-16.
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Over ten years ago now Peter Burke, an early-modern European historian, wrote that ‘historians still do not take the evidence of the image seriously enough’, leading others to speak of the ‘invisibility of the visual’ and the ‘condescension towards images’, which this implies. ‘Relatively few historians’, he pointed out, ‘work in photographic archives, compared to the numbers who work in repositories of written and typewritten documents. Relatively few historical journals carry illustrations and when they do, relatively few contributors take advantage of this opportunity.’ 1 This, despite the fact that social historians such as Raphael Samuel in the UK became aware of the value of photographs for exploring ‘history from below’ in the mid- 1960s. 2 Historians had discovered that the visual records of documentary photography were sometimes all they had for the poor and illiterate subjects of social histories. 3 Meanwhile art historians had taken up the challenge to write the social history of art.4 Nevertheless the use of images for historical analysis was confined to a small group of scholars and slow to move into the mainstream

Landrigan, M 2013, 'Can the Implied Freedom of Political Discourse Apply to Speech by or About Religious Leaders?', Adelaide Law Review, vol. 34, no. 2.

Lenta, P 2013, 'In Defen Ce of the Right of Religious Associations to Discriminate : A Reply to Bilchitz and De Freitas', South African Journal on Human Rights, vol. 29, no. 2, pp. 429-447.
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In a recent Special Issue of the South African Journal on Human Rights (SAJHR) devoted to the theme 'religion and human rights', David Bilchitz and Shaun de Freitas reply to arguments advanced by me in support of according religious associations a right to discriminate on grounds such as gender, sexual orientation and race in their employment practices relating to positions sufficiently close to the religion's doctrinal core. Bilchitz continues to think that I allow too much discrimination on the part of religious associations. He rehearses arguments in defence of his view that religious associations should not be allowed to discriminate in employment practices on otherwise prohibited grounds and presses new objections to the position I favour. By contrast, De Freitas is of the view that I do not afford religious associations enough opportunity to discriminate. Between them, Bilchitz and De Freitas charge that I 'owe' several arguments. I offer here a final reply to Bilchitz and De Freitas in defence of the right of religious associations to discriminate, as I understand it. Although I respond towards the end to a criticism of my position by De Freitas, most of this article is given over to a reply to Bilchitz, whose arguments represent the more drastic challenge to my claim that religious groups should be permitted sometimes to discriminate. My purpose is to show that, although he contends adroitly in support of denying to religious associations a right to discriminate, Bilchitz's efforts are unavailing. His arguments are not nearly strong enough to justify denying to religious associations a right sometimes to discriminate.

Lindsay, D 2013, 'What do the .XXX disputes tell us about Internet governance? ICANN’s legitimacy deficit in context', Telecommunications Journal of Australia, vol. 63, no. 3.
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The Internet Corporation for Assigned Names and Numbers (ICANN) is a private, not-for-profit corporation incorporated under Californian law, which is responsible for managing and developing policies for the Domain Name System (DNS), a valuable global resource. As a non-state actor, with no clear source of authority under international law, ICANN has weak claims to formal legitimacy. To bolster its normative claims to legitimacy, ICANN has introduced internal structural and procedural safeguards to ensure transparency and accountability. Its structural safeguards, based on the multi-stakeholder model, entrench roles for governments, the private sector and civil society in the policy-making process. The privileged position given to government representatives in the Governmental Advisory Committee (GAC) enhances ICANN's weak claims to legitimacy, but risks undermining procedural safeguards through undue government influence. ICANN's procedural safeguards include requirements to act openly, transparently and fairly, and incorporate an independent review mechanism. This article evaluates ICANN's claims to legitimacy by means of a case study of the process for approving the controversial .XXX gTLD. An analysis of the disputes involving .XXX reveals flaws with ICANN's structural and procedural safeguards. As this article argues, however, ICANN's weak claims to legitimacy do not necessarily mean that DNS management and policy-making should be transferred to an international treaty-based organisation. In a time when concepts of legitimacy are in transition, with traditional concepts being challenged and new concepts yet to fully emerge, all international organisations must continually negotiate their legitimacy with networks of stakeholders. While ICANN's weak legitimacy will result in ongoing challenges to its key management and policy-making roles, attention should focus on improving its mechanisms for accountability and transparency, as well as the organisation's compe...

Millbank, J, Chandler, E, Karpin, IA & Stuhmcke, A 2013, 'Embryo Donation for Reproductive Use in Australia', Journal of Law and Medicine, vol. 20, no. 4, pp. 789-810.
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This article presents empirical findings on embryo donation for the reproductive use of others in Australia, drawn from a larger research project about the impact of law, ethical guidelines and clinical policies and practices upon the decisions that people make about stored embryos created during IVF. The authors interviewed 10 people who had actually donated embryos for the reproductive use of others and four people who were recipients of donated embryos. In addition, another nine interviewees had attempted to donate, or had a strong desire to donate, but had been prevented from doing so. The article places the present findings in the context of Australian and international research on widespread unwillingness to donate for reproductive use of others. The article then examines why the donors interviewed here were willing and able to donate, and presents findings concerning the donation process and models in operation, including matching and counselling practices and the contentious question of 'directed donation'. The article also reports the experiences of several 'would-be' or thwarted donors and examines the rationales for some of the external barriers to donation identified in the course of the study.

Millbank, J, Karpin, I & Stuhmcke, A 2013, 'Guest editorial TOWARDS FACILITATIVE REGULATION OF ASSISTED REPRODUCTIVE TREATMENT IN AUSTRALIA', JOURNAL OF LAW AND MEDICINE, vol. 20, no. 4, pp. 701-711.

Nelson, JK 2013, 'Denial of racism and its implications for local action', Discourse & Society, vol. 24, no. 1, pp. 89-109.
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Literature on modern racism identifies denial as one of its key features. This article examines the discourses of denial that feature in the talk of local anti-racism actors in Australia, and asks what drives these discourses. The research draws on qualitative interviews undertaken with participants involved in local anti-racism in two case study areas, one in South Australia and the other in New South Wales. This article explores the way local participants in the case study areas deployed four discourses to deny or minimise racism: temporal deflections; spatial deflections; deflections from the mainstream; and absence discourses. Place defending and the desire to protect one’s local area from being branded a racist space is discussed as a driver of those local denial discourses. Local denial of racism is also linked to national politics of racism and anti-racism. In particular, the Australian government’s retreat from multiculturalism, and the preference for ‘harmony’ rather than ‘anti-racism’ initiatives, was linked to the avoidance of the language of racism within participants’ responses. The way denial discourses narrow the range of possibilities for local anti-racism is discussed, as is the importance of acknowledgement of racism, particularly institutional and systemic racism. Public acknowledgement of these forms of racism will broaden the scope of local anti-racism.

Nicholls, R 2013, 'High-efficiency video coding: A future for ultra-high definition television?', International Journal of Digital Television, vol. 4, no. 2, pp. 193-202.
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he standard for high efficiency digital coding was agreed by the International Telecommunication Union in January 2013. This article reviews the technology issues that are associated with delivery of television services using spectrum. It then examines the consumer implications of the new standard – the likely requirement for replacement equipment. The impacts on broadcasters and content providers are also considered in an environment where advertising share is diminishing and where consumers increasingly expect subscription video on demand (SVoD) models. The article suggests that newer coding techniques are likely to result in ultra-high-definition television (UHDTV) services being available to consumers. However, there is a strong likelihood that these services will not be delivered using terrestrial or satellite broadcasting services and instead will be delivered over broadband.

Plater, D & Crofts, P 2013, 'Bushrangers, the Exercise of Mercy and the ‘Last Penalty of the Law’ in New South Wales and Tasmania 1824-1856', The University of Tasmania Law Review, vol. 32, no. 2, pp. 295-343.
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The death penalty in the 19th century in both colonial Australia and Great Britain was widely seen as necessary for punishment and deterrence. However, the prerogative of mercy served a vital role during this period in mitigating the effects of capital punishment. This article examines the exercise of the death penalty and the prerogative of mercy in colonial Australia during the period from 1824 to the grant of responsible government in 1856 with respect to bushrangers. Bushrangers despite their often celebrated and even sympathetic status in 'popular culture' were perceived (in official and 'respectable' circles at least) as more than mere colonial criminals and as posing a particular threat to the often tenuous stability and even existence of early colonial society. However, even offenders 'beyond the pale' such as bushrangers were not exempted from the benefit of mercy. It is argued that the prerogative was taken seriously in colonial Australia by the public, the press and notably the authorities to even the worst of capital offenders such as bushrangers. Different conceptions were expressed during the time, ranging from ideas of mercy as based on desert and equity, as something that was predictable and consistent, to ideas of mercy as an undeserved gift. These debates about the prerogative of mercy articulated different conceptions of law and order, community and justice in an embryonic, self-governing society.

Prior, J, Crofts, P & Hubbard, P 2013, 'Planning, Law, and Sexuality: Hiding Immorality in Plain View', GEOGRAPHICAL RESEARCH, vol. 51, no. 4, pp. 354-363.
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Emerging research in sexuality and space outlines the diverse forms of spatial governmentality used to discipline non-normative sexual behaviours, exploring how exclusion, concealment, and repression combines to ensure that 'immoral' sexualities are out of the sight of the 'moral majority'. In this paper, we explore this contention in relation to planning for sex service premises (brothels) in New South Wales, Australia. Though such sex service premises are now legal, our analysis nonetheless considers the way that these premises have been subject to forms of planning constraint that reflect planners' assumptions about the appropriate manifestation of sex premises within the urban landscape. By exposing the assumptions written into planning law that sex premises are legal but potentially disorderly, we demonstrate the evidential power of planning to reinforce dominant moral geographies through instruments which, at first glance, appear to be focused on objective questions of amenity and the 'best use of land'. This paper hence explores the ways in which planners have translated assumptions of disorder into categories of visibility and distance, meaning that brothels have become hidden in plain view so as not to disturb the integrity of residential 'family' spaces. © 2013 Institute of Australian Geographers.

Ries, N 2013, 'Research with Blood Donated for Transfusion Purposes', Health law review, vol. 21, no. 2.

Ries, N & Fisher, K 2013, 'The Increasing Involvement of Physicians in Complementary and Alternative Medicine: Considerations of Professional Regulation and Patient Safety', Queen's Law Journal, vol. 39, no. 1, pp. 273-299.

Ries, NM 2013, 'What Is the Role of Regulation in the Management and Prevention of Obesity?', Current Obesity Reports, vol. 2, no. 4, pp. 327-332.
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This review article discusses recent literature on the role of regulation in the management and prevention of obesity. Specifically, the article examines regulation in five domains: product, price, promotion, places, and people. Examples of each type of regulation are described and recent research findings examining the impact of these regulatory tools are summarized. While various levels of government in different countries are trying regulation-based approaches to promote healthier behaviors, some measures, including menu labeling, 'fat taxes', and restrictions on food and beverage marketing and access, have had limited impacts. Moreover, many studies that attempt to measure the effects of regulatory approaches do not collect data on body weight, thus the impact of regulations on obesity over time is often not studied. The complexity of factors that influence diet and activity demands multi-factorial interventions; examining current efforts will help inform continuing policy decisions about regulation-based approaches to manage and prevent obesity. © 2013 Springer Science+Business Media New York.

Riley, J 2013, 'Rethinking the Fair Work Protection against Discriminatory Dismissal', Federal Law Review, vol. 41, no. 1, pp. 181-196.
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Riley, J 2013, 'Uneasy or Accommodating Bedfellows? Common Law and Statute in Employment Regulation', SSRN Electronic Journal.
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Riley, J, McCallum, R & Stewart, A 2013, 'Resolving Disputes over Employment rights in Australia', Comparative Labor Law and Policy Journal, vol. 34, pp. 843-879.

Riley, S 2013, 'Environmental justice in NSW: Access for all or a closed club?', Alternative Law Journal, vol. 38, no. 1, pp. 68-68.
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Opinion piece

Ryan, C, Callaghan, S & Large, M 2013, 'Mental health legislation and likelihood of harm criteria', Australasian Psychiatry, vol. 21, no. 3, pp. 280-280.
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Ryan, CJ, Large, MM & Callaghan, S 2013, 'Suicide risk assessment: where are we now?', Medical Journal of Australia, vol. 199, no. 8, pp. 534-534.
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Schofield-Georgeson, E 2013, 'Mandatory sentencing reinvigorated', The Alternative Law Journal, vol. 38, no. 1.

Sheldon, S 2013, 'EmilyJackson, Law and the Regulation of Medicines, Oxford: Hart, 2012, xvi + 292pp, £30.00.', The Modern Law Review, vol. 76, no. 4, pp. 778-782.
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Simmonds, A 2013, 'Trading Sentiments', The Journal of Pacific History, vol. 48, no. 4, pp. 369-385.
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This paper explores the relationship between commerce, cross-cultural friendship and empire in the published Voyages of Pacific salt pork trader John Turnbull. Turnbull published two versions of his Voyages, the first in 1805 and the second in 1813. Through exposing the variations between the two versions of his Voyages and analysing the reception of each text in the burgeoning periodical literature at the time, I explore how his commercially oriented critiques of cross-cultural friendship transformed into unbridled enthusiasm in the second reprint. I explain this shift as both a consequence of a shift in genre, from commercial voyaging to scientific voyaging, and as a reflection of two competing ideas of the relationship between friendship and commerce. The first version reflects a Smithian ideal, where friendship is excluded from commerce, while the second version shows a natural law conception of friendship as commercial imperialism in its ideal, and morally virtuous, form. © 2013 The Journal of Pacific History, Inc.

Simmons, F 2013, 'Money matters: Material justice for survivors of slavery and human trafficking’', Precedent, no. 116, pp. 15-15.

Simmons, F & Burn, J 2013, 'Without consent: Forced marriage in Australia', Melbourne University Law Review, vol. 36, no. 3, pp. 970-1008.
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This article explores Australia's response to the emerging issue of forced marriage. In light of community and government responses to forced marriage, we review the challenges involved in defining forced marriage and the degree to which the practice overlaps with other forms of exploitative conduct such as servitude and slavery. While we welcome the reform of existing criminal laws to fully reflect Australia's international obligations to prohibit 'practices similar to slavery', we caution against prioritising prosecutions over preventative and protective strategies. We argue that the creation of specific criminal offences of forced marriage should be accompanied by the introduction of new, family law-based civil remedies for people seeking to avoid or escape forced marriage, and targeted support services for people in, or facing, forced marriage. These measures should be accompanied by investment in community legal education and consultation in order to deepen the community's understanding of forced marriage in Australia.

Simmons, F, O'Brien, B, David, F & Beacroft, L 2013, 'Human trafficking and slavery offenders in Australia', Trends and Issues in Crime and Criminal Justice, no. 464, pp. 1-13.
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There is a lack of international and Australian research about offenders who have been convicted of human trafficking, slavery and slave-like practices. In Australia, 15 offenders have been convicted of such crimes. The publicly available court judgments about these offenders contain invaluable information about the characteristics and motivations of offenders, the intersection of trafficking offending with other forms of criminality and the common methods offenders use to control and exploit their victims. By analysing these cases, this paper provides an accessible and timely assessment of offenders who commit human trafficking, slavery and slave-like crimes in Australia. This paper is part of a wider program of research undertaken by the AIC on this type of crime in Australia and the AsiaPacific region, which is funded by the Australian Government as part of its national Action Plan to Eradicate Trafficking in Persons.

Stewart, P & Stuhmcke, A 2013, 'The Rise and Rise of the Common Law in Statutory Interpretation of Tort Law Reform Legislation: Oil and Water or a Milky Pond?', Tort Law Journal, vol. 21, no. 1, pp. 1-26.
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The common law world has long puzzled over the interplay between common law and statute. This article demonstrates nuance in the approach to statutory interpretation in the six cases decided by the High Court between 2009 and 2013 involving interpretation of the tort law reform legislation: Adeels Palace Pty Ltd v Moubarak,1 Strong v Woolworths Ltd,2 Wallace v Kam,3 Wicks v State Rail Authority of New South Wales,4 Insight Vacations Pty Ltd v Young5 and Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd.6 The cases evidence that, in the interpretation of a single statute the Civil Liability Act 2002 (NSW) the High Court employs a diversity of statutory interpretation techniques which may be characterised as ranging between an `oil and water approach (to those statutory provisions which limit or abrogate previous common law rules and rights) to a `milky pond approach (where the common law is used analogically to interpret and develop statute law). This article argues that the employment of this range of techniques underlines the view that legislation and common law cannot be seen as separate and independent simply because of their independent sources. Rather they `exist in a symbiotic relationship7 as `products of the same inherently dynamic legal process

Thomson, M 2013, 'Abortion Law and Professional Boundaries', Social & Legal Studies, vol. 22, no. 2, pp. 191-210.
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The medical profession’s formative role in the development of abortion law has been acknowledged. A number of the studies to have considered the development of law in the nineteenth century have traced how the emerging profession’s campaigns against abortion advanced its social and economic goals. Analysis of abortion law as a focus for medicine’s professionalisation has not, however, extended into the twentieth century. Consideration of this period generally characterises medicine’s influence as a product of its professional power. Rather than evidence of a static professional status, this article argues that consideration of the first half of the twentieth century reveals how abortion remained the terrain on which the profession actively pursued its occupational ambitions. Further, it highlights how medical responses to abortion changed as the imperatives of professionalisation changed. Employing work that has highlighted the importance of boundaries for enduring social entities, this article recognises abortion as a boundary issue for the profession; that is, a key site where professional jurisdiction is asserted. A dynamic model of the processes of professionalisation, and an identification of the role of abortion in medicine’s professionalisation project, is essential in order to understand the contemporary social and legal reality of abortion.

Thorpe, D 2013, 'Athlete persona as subjective knowledge under the common law restraint of trade doctrine', The International Sports Law Journal, vol. 13, no. 3-4, pp. 211-224.
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Unreasonable restraint of trade on the use of athlete subjective knowledge under the common law restraint of trade doctrine

Thorpe, DE 2013, 'The use of multiple restraints of trade in sport and the question of reasonableness', Australian and New Zealand Sports Law Journal, vol. 7, no. 1, pp. 63-90.
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Athletes, particularly those competing in team sports, are not uncommonly restricted by more than one substantive restraint of trade. The literature on restraints of trade in sport deals by and large with restraints as single impositions. This article addresses the effect of multiple restraints of trade imposed on athletes and how these, in combination, bear upon the question of reasonableness under the restraint of trade doctrine. The use of multiple forms of trade restraints is somewhat unique to the industry of sport to include over the years, player draft systems, salary caps, zoning restrictions, retain or transfer systems and wage ceilings. Restraints limiting athlete endorsement of sponsor products and services, a restraint of more recent origin yet to be tested before a court of law, will be considered against the background of the restraints listed above. Given the lucrative returns associated with athlete endorsement, such may prove to be a restraint too far.

Vijeyarasa, R 2013, 'Stigma, stereotypes and Brazilian soap operas: road-blocks to ending human trafficking in Vietnam, Ghana and Ukraine', Gender, Place & Culture, vol. 20, no. 8, pp. 1015-1032.
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Vijeyarasa, R & Bello Y Villarino, JM 2013, 'Modern day slavery? A Judicial Catchall for Trafficking, Slavery and Labour Exploitation: A Critique of Tang and Rantsev', Journal of International Law and International Relations, vol. 9, no. 1, pp. 36-61.
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Slavery and trafficking in persons continue to draw global attention,fostering debates in sociological, political, academic and legal circles.Governments, in particular, value being seen on the global stage as workingto combat the trafficking of human beings to and from their territories. Withprosecution of traffickers difficult in many jurisdictions, civil societyorganizations and others always welcome efforts by regional courts to holdgovernments accountable for their failure to fulfil their counter-traffickinginternational obligations, or those by domestic courts to find traffickersguilty

Vogl, A 2013, 'Telling Stories from Start to Finish: Exploring the Demand for Narrative in Refugee Testimony', Griffith Law Review, vol. 22, no. 1, pp. 63-86.
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© 2015, Routledge. All rights reserved. When someone seeking refugee status comes before a departmental officer or administrative body, the applicantʼs firstperson testimony plays a crucial role since there is often little or no other evidence – such as documents or witnesses – to support the claim being made. The distinctly narrative form of refugee applicantsʼ evidence, and its central place in the status determination process, make such testimony an ideal site from which to explore the lawʼs relationship with narrative. In this article, I use one Refugee Review Tribunal decision to exemplify how demands for narrativity, in relation to both the content and form of evidence, influence determinations about the plausibility of refugee testimony. I argue that part of the lawʼs requirement for ʻplausibleʼ evidence involves an expectation that refugee applicants tell a good story – that is, one that predominantly conforms to the conventions of model narrative forms. When the law responds to the events and accidents within refugee testimony, narrative expectations are at play – and the precise terms of these standards and the content of ʻgoodʼ, orderly narratives are implicit, shifting and inconsistent.

Wangmann, JM 2013, 'Incidents v. Context: How Does the NSW Civil Protection Order System Understand Intimate Partner Violence?', Sydney Law Review, vol. 34, no. 4, pp. 695-719.
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Civil protection order schemes were introduced in many western countries from the 1970s; in Australia from the 1980s. One of the key drivers for this development was the extensive feminist criticism of the criminal law which revealed that it failed to respond adequately to the particular harm of intimate partner violence (âIPVâ). The nature of IPV as a gendered, repetitive and patterned harm, motivated by control, found a poor fit with the criminal lawâs focus on discrete incidents and its traditional emphasis on visible forms of violence. This article explores whether the New South Wales (NSW) civil protection order system (Apprehended Domestic Violence Orders or âADVOsâ), despite a range of progressive elements, continues to mirror the criminal lawâs narrow understanding of IPV. It does so through a case study on cross-applications in NSW ADVO proceedings. This study reveals that the progressive promise of the ADVO system to look beyond the lens of the criminal law is militated by a range of factors such as: the limited nature of the complaint narrative; the continuing focus in practice on incidents of violence; and the constraints of the court environment.

Booth, T 1970, 'Building on Theory: An Ethnographic Study of Victim Participation in the Courtroom', Australian and New Zealand Society of Criminology, 2013 conference, Brisbane.
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The use of victim impact statements (VISs) in the sentencing hearing, particularly those VISs read aloud to the court by victims, has been especially controversial sparking considerable debate amongst legal professionals and scholars. Opponents of oral VISs have expressed concerns that the emotionality of such statements has potential to threaten the courts integrity and the offenders entitlement to a fair hearing. Proponents of VISs argue that the communicative capacities of VISs provide legitimate restorative benefits for victims during the hearing. Although a rich scholarship in relation to VISs has emerged, aside from a small study by Rock (2010), very little work has been done to test these claims in the context of actual victim participation in the courtroom. This paper will explore the construction and challenges of an ethnographic study of the participation of family victims in the sentencing of homicide offenders in the NSW Supreme Court with particular focus on the use of courtroom observation and narrative analysis techniques to generate and analyse data.

Booth, T 1970, 'Think Dynamic, Adaptive and Reflective: Better Integration of Victims and their Victim Impact Statements', Promoting a Neutral and transparent criminal justice system for victims of crime, Melbourne.
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This paper focuses on the integration of victim impact statements (VIS) and the treatment of victims in the sentencing hearing. I set out to challenge the traditional conception of the adversarial sentencing hearing in which the `private interests of the victim are regarded as compromising the rights and protections afforded to the offender and threatening the overall legitimacy of the criminal justice system (Ashworth, 1993). Instead I argue that the contemporary sentencing hearing should be re-conceptualised as a forum charged by the community to deal with the aftermath of crime (Shapland, 2010). In such a forum, while offenders clearly have an entitlement to a fair hearing, the principle of fairness requires that victims cannot be ignored or treated with disrespect in the courtroom without the potential for casting doubt on the integrity of the legal proceedings. Here the metaphor of `balancing competing interests is misleading: the interests of the offender and the victim in the sentencing hearing are qualitatively different and not mutually exclusive. While a legislative right to submit a VIS can create an image of a fair process, the treatment of the victim in the courtroom is crucial to that victims assessment of the fairness of the hearing (Wemmers). Drawing from examples of recent cases particularly in Victoria and South Australia and the findings of a study of 18 sentencing hearings in the NSW Supreme Court, I identify and analyse specific aspects of the sentencing proceedings that have a significant impact on the victims experience in the courtroom and make suggestions as to how victims might be better integrated in the sentencing hearing.

Chung, PT, Greenleaf, G & Mowbray, AS 1970, 'Linking legal thesauri to enable semi-automated multilingual searching', Law via the Internet, Jersey, Channel Islands.

Furlong, MJ, Dallas, G, Meshew, G, Flint, JP, Small, D, Martinez, B & Mowbray, A 1970, 'Growth and characterization of 6' InSb substrates for use in large area infrared imaging applications', SPIE Proceedings, SPIE OPTO, SPIE, CA, San Francisco.
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Furlong, MJ, Martinez, R, Amirhaghi, S, Mowbray, A, Smith, B, Lubyshev, D, Fastenau, JM & Liu, AWK 1970, 'Multiwafer production of epitaxy-ready 4' GaSb: substrate performance assessments pre- and post-epitaxial growth', SPIE Proceedings, SPIE Defense, Security, and Sensing, SPIE, MD, Baltimore.
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greenleaf, G, Chung, PT & Mowbray, AS 1970, 'Free scholarship: Australian development of a free access national legal scholarship library', Law via the Internet, Jersey, Channel Island.

Martinez, R, Amirhaghi, S, Smith, B, Mowbray, A, Furlong, MJ, Flint, JP, Dallas, G, Meshew, G & Trevethan, J 1970, 'Towards the production of very low defect GaSb and InSb substrates: bulk crystal growth, defect analysis and scaling challenges', Quantum Sensing and Nanophotonic Devices X, SPIE OPTO, SPIE, CA, San Francisco.
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Methven, EP 1970, 'DIRTY WORDS? CHALLENGING THE ASSUMPTIONS THAT UNDERPIN OFFENSIVE LANGUAGE CRIMES', The 6th Annual Australian and New Zealand Critical Criminology Conference, Annual Australian and New Zealand Critical Criminology Conference, University of Tasmania, University of Tasmania, Hobart, pp. 97-106.

Mowbray, AS, Greenleaf, G & Chng, P 1970, 'Ten years after: What WorldLII offers users and collaborating LIIs', Law via the Internet, Jersey, Cannel Islands.

Riley, S 1970, 'Rio 20: What Difference Has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?', William & Mary Environmental Law and Policy Review, IUCN, Baltimore, USA.
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Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to âprevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or speciesâ. Members are also required to lodge national reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date no study has examined Statesâ perceptions of their own IAS regimes. This paper collects and analyses information available from the CBD national reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the paper evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise/fragmented and/or contradictory, it can hinder the development of successful State practice.

Schofield-Georgeson, E 1970, 'A brief history of the right to silence in New South Wales', Australia and New Zealand Law & History Society Conference, Dunedin.

Simmons, F & O'Brien, B 1970, 'Unintended Consequences: The impact of immigration law and policy on human trafficking in Australia, paper presented at the Unintended Consequences: the impact of immigration law and policy Conference', Unintended Consequences: the impact of immigration law and policy Conference, Australian National University, Australian National University.

Steele, LR, Bell, F & Shackel, R 1970, ''The Books Don't Talk to Me!': Postgraduate Student Groups and Research Student Identity Formation', Research and Development in Higher Education: The Place of Learning and Teaching, Higher Education Research and Development Society of Australasia Annual Conference, Auckland, New Zealand.
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This paper explores alternative spaces for learning amongst postgraduate research (PGR) students in the form of research-related groups such as reading and discussion groups, writing groups, seminar series or social groups. Our research with PGR students and academics explores the pedagogy and role of such groups in student learning and identity formation. In this paper, we discuss our findings related to PGR student needs and the factors prompting the formation of research-related groups. A survey of 36 PGR students revealed that students were reasonably satisfied with the formal components of their research degrees such as supervision and mandatory units of study. Yet general dissatisfaction with other opportunities for intellectual engagement, and feelings of isolation, were also prevalent. We hypothesise that though a majority of students might feel supported to complete their higher research degree, they are not necessarily feeling supported in the transition to becoming scholars or in developing broader scholarly interests and networks. As other academic literature has opined, research-related student groups can fulfil a dual function, assisting students towards completion of their research degree but also socialising students into academia. This paper discusses the role that higher education institutions and faculties might play in supporting research-related groups. In particular, there is a balance to be achieved between facilitating groups and enabling sustainability while ensuring that PGR students maintain autonomy and a reciprocal degree of responsibility in governance of such groups, which are key to developing an academic identity.

Varnham, S, Stuhmcke, AG, Olliffe, BM, Kamvounias, P & Evers, M 1970, 'Different Country, different hemisphere - same challenges: the student and the Australian University', Annual Conference of ENOHE/OIAHE, St Catherine's College, Oxford, UK.
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Invited panel

Wangmann, JM 1970, 'Family Law and Different Types of Intimate Partner Violence: Some Comments from Australia', Socio-Legal Studies Annual Conference, York, UK.

Wangmann, JM 1970, 'From Theory to Practice: Typologies and the Family Law System in Australia', Typologies of Intimate Partner Violence: Theory and Practice, Brisbane, Queensladn, Australia.

Burn, JM 2013, Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013, pp. 1-5, Parliament of Australia website.
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This submission supports the extension of existing vulnerable witness protections available to children, adult victims of slavery, slavery-like practices and human trafficking as well as “special witnesses”. It further supports the creation of Victim Impact Statements, which take into account physical, psychological and emotional suffering as well as economic loss.

Burn, JM 2013, Reconsideration of visas intended to provide protection and support to people who have experienced human trafficking, slavery and slavery-like practices, pp. 1-7, Fourth National Roundtable on Human Trafficking and Slavery Senior Officials Meeting.
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This information sheet discusses Australia’s current trafficking visa framework and highlights where gaps exist in the provision of support to victims of human trafficking.

Burn, JM & UTS Students 2013, Anti-Slavery Australia submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade Inquiry into Slavery, Slavery-like Conditions and People Trafficking., pp. 1-67, Parliament of Australia website.
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This submission highlights six areas for further engagement by the Australian government to address the issues of slavery, slavery-like conditions and people trafficking in Australia. These areas include national compensation, support programs, forced marriage and the legislative scheme on slavery. The final section provides a more general discussion on vulnerable groups and non-legislative strategies for combatting slavery and people trafficking.

Burn, JM & Wilton, J 2013, Supplementary Anti-Slavery Australia submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade Inquiry into Slavery, Slavery-like Conditions and People Trafficking., pp. 1-11, Parliament of Australia website.
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This supplementary submission elaborates on the need for a national compensation scheme for victims of slavery. The submission considers the inconsistency across different Australian jurisdictions for victims of crime compensation schemes, and discusses Australia's international obligations to provide reparations.

Millbank, J, Stuhmcke, AG, Karpin, IA & Chandler, ER UTS Printing 2013, Enhancing Reproductive Opportunity Report, Sydney.
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This report presents the results of a four year study about law, policy and practice concerning frozen IVF embryos in Australia. The report drew on the experience of over 400 past and present IVF patients in over twenty clinical sites across Australia, spanning two decades of experiences.

Anthony, T 2013, 'INDIGENOUS CRIME AND SETTLER LAW: WHITE SOVEREIGNTY AFTER EMPIRE', SAGE PUBLICATIONS LTD, pp. 63-64.

Anthony, T 2013, 'Justice: A History of the Aboriginal Legal Service of Western Australia', Australian Society for the Study of Labour History, pp. 246-248.

Berg, LA 2013, 'Book Review: Susan Kneebone and Julie Debeljak, Transnational Crime and Human Rights', School of Law, University of Western Sydney, pp. 203-206.

Dehm, S 2013, 'Cholera in Haiti: Is UN immunity now impunity?', Lowy Institute for International Policy.

Dehm, S 2013, 'Cholera in Haiti: Is UN immunity now impunity?', The Interpreter.

Dehm, S 2013, 'Refugees and Hunger Strikes: The need to appeal ASIO assessments', The Conversation.

Dehm, S & Storr, C 2013, 'Unreasonable Refusal to Adjourn: Minister for Immigration and Citizenship v Li', Melbourne Law School.

Grossi, R 2013, ''Does same-sex marriage necessarily mean 'radical love'?'', The Conversation.

Grossi, R 2013, ''Romantic Love - a Feminist Conundrum?'', The Feminist Wire.

Hawes, C 2013, 'Enterprising China: Business, Economic, and Legal Developments Since 1979, by Linda Yueh. Oxford: Oxford University Press, 2011. xvi + 364 pp. £65.00 (hardcover), £24.99 (paperback).', University of Chicago Press, pp. 183-186.
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Libesman, T 2013, 'Book Review of Hannah McGlade, Our greatest challenge - Aboriginal Children and Human Rights', Legal Service Bulletin Co-operative Ltd.

Schofield-Georgeson, E 2013, 'A Different Inequality: The politics of debate about remote Aboriginal Australia', ABORIGINAL STUDIES PRESS, pp. 118-120.

Vijeyarasa, R 2013, 'Women at the Margins of International Law: Reconceptualizing Dominant Discourses on Gender and Transitional Justice', Oxford University Press (OUP), pp. 358-369.
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Vogl, A 2013, 'Comment: Aggravated People Smuggling', Alternative Law Journal, pp. 276-276.

Vogl, A 2013, 'FOI Documents Reveal Mining Lobby’s Demand For EDO Closure', Alternative Law Journal, pp. 56-57.

Wangmann, JM 2013, 'Book review: 'A Troubled Marriage'', Australian Domestic & Family Violence Clearinghouse, pp. 13-14.
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Book review of 'A Trobled Marriage' by Leigh Goodmark (New York University Press, 2012)