Berg, L 2013, 'Migrating Rights' in Arvanitakis, J & Matthews, I (eds), The Citizen in the 21st Century, BRILL, Oxfordshire, United Kingdom, pp. 61-71.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Berg, LA & Millbank, J 2013, 'Sexuality and Equality Law' in Goldberg, SB (ed), Sexuality and Equality Law, Routledge, Burlington, pp. 275-299.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Dobinson, I 2013, 'The guilty plea: an Australian/Chinese comparison' in Comparative Perspectives on Criminal Justice in China, Edward Elgar Publishing.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
View description>>
© 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.
View/Download from: Publisher's site
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.
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
Rawling, M & Howe, J 2013, 'The regulation of supply chains: An Australian contribution to cross-national legal learning' in Stone, KVW & Arthurs, H (eds), Rethinking Workplace Regulation Beyond the Standard Contract of Employment, Russell Sage Foundation, New York, pp. 233-252.
View description>>
One of the key features of the standard employment contract is a direct relationship between an employer and an employee. Labor law scholars have for some time highlighted the artificiality of this restriction on the regulatory scope of labor law, in that it excludes workers deserving of social protection but engaged under nonstandard work arrangements (for Australia, see Stewart 2002). Moreover, in the last three decades, business and government have become increasingly decentralized as a result of contracting out or outsourcing the provision of goods and services. This vertical disintegration or fragmentation of large organizations has meant that many workers are no longer directly employed by core businesses or government. The security and welfare of these workers has become the responsibility of less visible contractors, subcontractors, and franchisees down often extensive supply chains (Marshall 2006; Fudge 2006; Nossar 2007, 5-12). Literature indicates that the issues of fragmentation of the standard employment contract (see Stone 2010; Freedland 2006; Fudge 2006; Rubery, Earnshaw, and Marchington 2005) and the resulting exploitation of precarious workers (Benach, Muntaner, and Santana 2007; Quinlan, Mayhew, and Bohle 2001) transcend jurisdictional boundaries. Moreover, the literature is voluminous on the global expansion of supply chains and outsourcing, which documents the effects of these forms of business organization on vulnerable workers (British TUC Commission 2008, 147; De Luca-Tamajo and Perulli 2006; Johnstone 1999). These developments suggest that national governments in the developed world, as well as international bodies, should develop a more comprehensive set of protections for workers laboring at the base of supply chains across the globe.
Ries, N 2013, 'Law and the Promotion of Healthy Nutrition and Physical Activity' in Ries, NM, Bailey, TM & Caulfield, T (eds), Public Health Law and Policy in Canada.
Ries, N 2013, 'Legal Aspects of the Blood System in Canada' in Ries, NM, Bailey, TM & Caulfield, T (eds), Public Health Law and Policy in Canada.
Ries, N 2013, 'Legal Foundations of Public Health Law' in Ries, NM, Bailey, TM & Caulfield, T (eds), Public Health Law and Policy in Canada.
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
Varnham, S 2013, 'New Zealand' in Russo, PC (ed), The handbook of comparative higher education law, Rowman and Littlefield publishers, US, pp. 227-252.
Varnham, S 2013, 'New Zealand' in Handbook of Comparative Higher Education Law, Rowman & Littlefield Education, Maryland US, pp. 229-254.
View description>>
INTRODUCTION This chapter outlines the system of tertiary education in New Zealand within its constitutional ... and legal basis for education because of the importance accorded to language in nation building in Aotearoa New Zealand.
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.
View description>>
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, AF 2013, 'Introduction' in The Cultural Dimension of Human Rights, Oxford University Press, pp. 1-10.
View/Download from: Publisher's site
Vrdoljak, AF 2013, 'Introduction' in Vrdoljak, AF (ed), The Cultural Dimension of Human Rights, Oxford University Press, pp. 1-12.
View description>>
To what extent should the law permit cultural defences to general rules? What role does human rights law have in the protection of minority cultures? This volume examines such pivotal questions.
Vrdoljak, AF 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.
View/Download from: Publisher's site
Watson, N 2013, 'What do we want? Not native title, that’s for bloody sure' in Aboriginal Tent Embassy Sovereignty Black Power Land Rights and the State, pp. 184-298.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Adjei, P & Stoianoff, NP 2013, 'The World Intellectual Property Organisation (WIPO) and the Intergovernmental Committee: Developments on Traditional Knowledge and Cultural Expressions', Patricia Adjei & Natalie P. Stoianoff, The World Intellectual Property Organisation (WIPO) and the Intergovernmental Committee: Developments on Traditional Knowledge and Cultural Expressions, Intellectual Property Forum, vol. 2013, no. 92, pp. 37-48.
View description>>
The past 20 years has seen Indigenous or traditional knowledge take centre stage in discourses on the conservation of biological diversity, sustainable socio-economic development and poverty alleviation in developing countries. It is these countries that contain the majority of mega-biologically diverse regions in the world with Australia being one of two exceptions to the rule. The utility of knowledge in the conservation and sustainable use of biological resources, held by traditional custodians of land, is specifically addressed in the Convention on Biological Diversity 1992 (CBD). Articles 8 (j), I 10 (C)2 and 18 (4)3 of the CBD recognise the significance of such traditional knowledge and custom. Equally, the need to "respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles" ,4 "encourage customary use"s and "methods of cooperation"6 are emphasised in the context of prior informed consent and mutually agreed terms with a view to the fair and equitable sharing of the benefits arising out of the utilisation of such knowledge
Alexander, I 2013, 'A Map, a Poem and Two Copyright Statutes', [2013] ANZLH E-Journal, Refereed Paper, vol. 2013, no. 5, pp. 1-12.
View description>>
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, 'Before the High Court Indigenising Sentencing? Bugmy v The Queen', SYDNEY LAW REVIEW, vol. 35, no. 2, pp. 451-466.
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
View description>>
This is a conversation between 3 scholars. It was peer reviewed by the journal editors, and members of the journal's editorial board.
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.
View/Download from: Publisher's site
View description>>
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.
Booth, T 2013, 'Victim Impact Statements in the Contemporary Courtroom', PacifiCrim, vol. 10, no. 2, pp. 8-8.
View description>>
This article reports the findings of my qualitative study of victim participation in the sentencing of homicide offenders in the NSW Supreme Court,
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.
View/Download from: Publisher's site
Carney, T 2013, 'Commentary: Regulatory dividends of scandal – the Chelmsford legacy?', Australasian Psychiatry, vol. 21, no. 3, pp. 220-223.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Crawley, K & van Rijswijk, H 2013, 'Justice in the Gutter: Representing Everyday Trauma in the Graphic Novels of Art Spiegelman'.
Crofts, P 2013, 'Monstrous Wickedness and the Judgment of Knight', Griffith Law Review, vol. 21, no. 1, pp. 72-100.
View description>>
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.
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
Dorsett, S 2013, 'Reforming Equity: New Zealand 1843–56', The Journal of Legal History, vol. 34, no. 3, pp. 285-306.
View/Download from: Publisher's site
View description>>
This article considers the significant modifications made to English Chancery procedure by the first rules of court of the Supreme Court of New Zealand (1843/44). In the first part of the nineteenth century, across the empire colonial judges used their power to draft their own rules to modify English practice and procedure, often implementing changes ahead of those of the English reform movement. The first rules of court in New Zealand were particularly innovative: they introduced new, simplified and uniform rules for actions and suits, as well as achieving a level of administrative 'fusion' well before the reforms either of the New York Field Code 1849 or the English Judicature Act 1873. © 2013 Taylor & Francis.
Fox, M & Thomson, M 2013, 'REALISING SOCIAL JUSTICE IN PUBLIC HEALTH LAW', Medical Law Review, vol. 21, no. 2, pp. 278-309.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Greenleaf, G & Tian, Y 2013, 'China Expands Data Protection through New 2013 Guidelines', Privacy Law & Business International Report, vol. April, no. 122, pp. 1-7.
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.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
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.
View/Download from: Publisher's site
View description>>
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.
Jacobs, L 2013, 'An Investigation into the powers and liability of the Business Rescue Practitioner as Company Doctor. / Ondersoek na die bevoegdhede en aanspreeklikheid van die ondernemingsreddingspraktisyn as maatskappydokter.', Litnet Akademies Regte, vol. 10, no. 1, pp. 54-82.
View description>>
Although the new Companies Act 71 of 2008 has not been in effect for a very long time, more companies are availing themselves of the business rescue provisions contained in chapter 6 of the act. Some of these companies have achieved success and some not. It is clear, however, that one of the most important role players in these proceedings is the business rescue practitioner, the person responsible for administering the rehabilitation process for the financially distressed company.The previous act, the Companies Act 61 of 1973, made use of the judicial management system. The judicial manager was also the key role player in these proceedings. Judicial management was not a very successful procedure and some of the problems regarding the procedure revolved around the judicial manager and his duties.This article sets out to evaluate the provisions pertaining to the powers and the duties of the rescue practitioner contained in the 2008 Companies Act in order to ascertain whether the new provisions constitute improvements or not. This is done by comparing the current provisions with the provisions contained in the previous act and the international guidelines provided for in the United Nations Commission on International Trade Law's Legislative Guide on Insolvency Law.It is clear from the comparative study that there has not been a major transformation in the new act with regard to the duties of the practitioner. As with the judicial management system the main duty of the practitioner is to take over control of the company. The judicial manager divested the board of directors of all the control in the company. An important difference is that the new act provides for the management of the company to remain in place while being overseen by the practitioner. However, he practitioner has the power to delegate any power or function and even has the power to remove certain people from their office. This implies that he still has ultimate control over the mana...
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.
View description>>
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.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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’, leadingothers to speak of the ‘invisibility of the visual’ and the ‘condescension towardsimages’, which this implies. ‘Relatively few historians’, he pointed out, ‘work inphotographic archives, compared to the numbers who work in repositories of writtenand typewritten documents. Relatively few historical journals carry illustrations andwhen they do, relatively few contributors take advantage of this opportunity.’1This, despite the fact that social historians such as Raphael Samuel in the UK becameaware of the value of photographs for exploring ‘history from below’ in the mid-1960s.2 Historians had discovered that the visual records of documentary photographywere sometimes all they had for the poor and illiterate subjects of social histories.3Meanwhile art historians had taken up the challenge to write the social history of art.4Nevertheless the use of images for historical analysis was confined to a small groupof 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.
Leary, DK 2013, 'Year in Review-International Maritime Organization', Yearbook of International Environmental Law, vol. 22, pp. 618-622.
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.
View/Download from: Publisher's site
View description>>
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.
Lenta, P 2013, 'Revelation and Legitimation in Albie Sachs’s The Strange Alchemy of Life and Law', English in Africa, vol. 40, pp. 79-97.
Libesman, T 2013, 'OUR GREATEST CHALLENGE: ABORIGINAL CHILDREN AND HUMAN RIGHTS', ALTERNATIVE LAW JOURNAL, vol. 38, no. 2, pp. 134-134.
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
Riley, J 2013, 'Uneasy or Accommodating Bedfellows? Common Law and Statute in Employment Regulation', SSRN Electronic Journal.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Riley, S 2013, 'Environmental justice in NSW: Access for all or a closed club?', Alternative Law Journal, vol. 38, no. 1, pp. 68-68.
View description>>
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.
View/Download from: Publisher's site
Ryan, CJ, Callaghan, S & Large, M 2013, 'Mental health law reform without the risk', Australasian Psychiatry, vol. 21, no. 2, pp. 179-179.
View/Download from: Publisher's site
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.
View/Download from: Publisher's site
Schofield-Georgeson, E 2013, 'Mandatory sentencing reinvigorated', The Alternative Law Journal, vol. 38, no. 1.
Simmonds, A 2013, 'Trading Sentiments', The Journal of Pacific History, vol. 48, no. 4, pp. 369-385.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
View description>>
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.
Spiers Williams, M 2013, 'Why Are There No Adult Community Courts Operating In The Northern Territory Of Australia?', Indigenous Law Bulletin, vol. 8, no. 4.
Stoianoff, NP 2013, 'Improving the Patent System to Promote Innovation: An Information Technology Case Study', Law in Context, vol. 29, no. 1, pp. 26-54.
View description>>
Together innovation and intellectual property play a significant role in industrial growth. However, in the field of information technology, much controversy surrounds the patenting of software and business methods. There are claims of stifling innovation on the one hand and equally claims of significant national economic benefit on the other. This article analyses the state of play in these related controversial fields of technology providing a background to the Australian software industry drawn from `whole of industry studies and the authors own empirical research into Australian patent ownership. The meaning of patentable subject matter and the ability of software based inventions and business methods to gain patent protection are considered across key jurisdictions. A critical analysis of case law across those jurisdictions will make plain the difficulties encountered by the courts in being able to identify where to draw the line between patentable and non-patentable subject matter. Arguments for and against patentability will be weighed in the context of the purpose of the patent system and in the light of the Raising the Bar amendments to the Australian patents regime.
Thomson, M 2013, 'Abortion Law and Professional Boundaries', Social & Legal Studies, vol. 22, no. 2, pp. 191-210.
View/Download from: Publisher's site
View description>>
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.
View/Download from: Publisher's site
View description>>
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.
View description>>
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.
Tian, Y 2013, 'Fair Competition and Preferential Taxation Policy for Small and Medium Retail Stores in China: A Comparative Study', Journal of Chinese Tax and Policy, vol. 3, no. Special Issue.
Tian, Y & Greenleaf, G 2013, 'Data protection widened by China’s consumer law changes', The Privacy Laws & Business (PL&B) International Report, no. 126, pp. 27-28.
Todd, B 2013, 'Reparar el silencio: justicia para los daños lingüísticos causados por colonización y conflicto', Revista de Derecho Público, no. 31, pp. 1-39.
View/Download from: Publisher's site
View description>>
This article considers a concept of linguistic
reparative justice for indigenous peoples, that
is, reparative measures addressing the consequences
of conquest and colonization on indigenous
languages. Particular attention is given
to Colombia, where the cultures of indigenous
communities have been further afflicted by the
armed conflict, in regards to whether the recent
native languages law can play a remedial role.
van Rijswijk, H 2013, 'Stolen Generations: Online Testimonies as Sources of Social Justice: Towards an Ethics of Encounter', Australia and New Zealand Law and History E-Journal, vol. 2013, no. 10, pp. 1-13.
View description>>
In this paper, I am using the provocation of `the source to examine the significance of a recent iteration of Stolen Generations testimonies to questions of contemporary social justice. This testimonial form has had a complicated and fraught history across Australian legal and cultural domains: in the handful of cases that have dealt with injuries arising out of the Stolen Generations, courts have placed oral testimony in contest with state documentary records1 ; oral testimony has also featured in different iterations of extra-legal Stolen Generations projects, which have been produced by state, corporate and Indigenous parties, sometimes leading to the problem of testimonies being co-opted into state and private projects, which do not necessarily benefit Indigenous people
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.
View/Download from: Publisher's site
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.
View description>>
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.
View/Download from: Publisher's site
View description>>
© 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.
View description>>
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.
Widdowson, L & Li, G 2013, 'Telecommunications industry self-regulation: assessing the Telecommunications Industry Ombudsman Scheme in Australia', International Journal of Private Law, vol. 6, no. 3, pp. 315-315.
View/Download from: Publisher's site
Booth, T 1970, 'Building on the Theoretical: an Ethnographic study of victim participation in the courtroom', Criminology on Trial - The British Society of Criminology Conference, Wolverhampton, UK.
View description>>
A marked and often contentious feature of contemporary criminal justice policy in common law jurisdictions such as Britain and Australia is the prioritisation of the perceived interests and concerns of crime victims. 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, 'Building on Theory: An Ethnographic Study of Victim Participation in the Courtroom', Australian and New Zealand Society of Criminology, 2013 conference, Brisbane.
View description>>
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.
View description>>
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.
Dorsett, SG 1970, 'Belonging (to law) on the Edge of ..... Empire'', On the Edge, University of British Columbai.
Dorsett, SG 1970, 'Maori before the Resident Magistrates' Court 1846-1852', American Society for Legal History, Miami, Florida.
Dorsett, SG 1970, ''Peculiar Courts: Maori and the Resident Magistrates Court 1846-1852'', ANZLHS Annual Conference, Dunedin.
Dorsett, SG & McVeigh, S 1970, 'Public Authority Beyond the State: Jurisdiction and Forms of Public Life', Public Authority in the Era of Globalisation, Whitlam Institute, University of Western Sydney.
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, pp. 89931J-89931J.
View/Download from: Publisher's site
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, pp. 870411-870411.
View/Download from: Publisher's site
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', SPIE Proceedings, SPIE OPTO, SPIE, CA, San Francisco, pp. 86311N-86311N.
View/Download from: Publisher's site
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.
View description>>
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.
View description>>
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.
Tian, Y 1970, 'Cloud Computing and the Protection of Personal Information – China as a Case Study', The Conference: Up in the Cloud: Legal and Privacy Challenges in Cloud, the Law and Technology Centre of the Faculty of Law, The University of Hong Kong, and sponsored by Microsoft (Invited Only)..
Tian, Y 1970, 'Personal Information Protection in China - Recent Development of the Chinese Civil and Criminal Cases', the 3rd Asian Privacy Scholars Network Conference, (invitation-only Feature Panel on Greater China), 3rd Asian Privacy Scholars Network Conference, Law and Technology Centre of the Faculty of Law, the University of Hong Kong.
Varnham, S 1970, 'Regulation, Representation and Responsiveness the three `Rs of university governance? universities, students and the law', Informa Inaugural conference on Academic Governance, Sydney.
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.
View description>>
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.