Publications

Barendt, E, Bosland, J, Craufurd Smith, R & Hitchens, LP 2014, Media Law: Text, Cases and Materials, Pearson Education Limited, Harlow, England.
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An insightful discussion of the fundamental principles of media law, along with critical commentary on the leading cases, statutory provisions and other materials vital to the study of this dynamic field governing virtually every form of mass communication from newspapers and radio broadcasting to television programming and video streaming online. Our expert author team delves into the important legal issues behind topics such as the regulation of the press, libel and privacy law, standards in advertising, ownership of media assets, and the application of competition law to the media, providing you with a thorough understanding of the practical implications of the law.

Cseti, D & Wardell, A 2014, Understanding Personal Property Securities Law, Cch Incorporated.
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This book will help you to understand and adopt this critical new law in your workplace.

Finkelstein, R 2014, LexisNexis Concise Australian Legal Dictionary, Fifth, LexisNexis.

Grossi, R 2014, Looking for Love in the Legal Discourse of Marriage, ANU Press, Canberra.

Hitchens, LP 2014, Media Law in Australia, Wolters Kluwer, The Netherlands.
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Australia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models.An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes.A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

Lenzerini, F & Vrdoljak, AF 2014, International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature.
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International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Libesman, T 2014, Decolonising Indigenous Child Welfare, 1, Routledge, Oxford and New York.
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Decolonsing Indigenous child welfare reflects on how comparative and international understandings of Indigenous childrens rights, with particular reference to the right to self- determination, have and could further influence child welfare frameworks in Australia and comparatively in Canada, the USA and New Zealand. Indigenous peoples have responded both nationally and internationally with claims to participate in and exercise jurisdiction over their childrens welfare and well- being. Decolonising Indigenous child welfare considers whether pluralized and inclusive, compared to universal and standard setting, conceptualizations of human rights can be part of a process for transforming political relationships in a manner which responds to Indigenous childrens needs in more just and effective ways.

Varnham, S 2014, LexisNexis Concise Legal Dictionary, 5th, LexisNexis, Australia.
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Revision of 49 terms relating to Law and Education - approximately 3 pages worth (throughout the dictionary)

Alexander, IJ & Crofts, P 2014, 'Taikato v R [1996] HCA 28 Judgment' in Douglas, H, Bartlett, F & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting Law, Hart Publishing, Oxford and Portland, Oregon, pp. 250-256.

Anthony, T 2014, 'Commentary on In the Matter of Djappari (Re Tuckiar)' in Australian Feminist Judgments: Righting and Rewriting Law, pp. 438-451.

Anthony, T 2014, 'Criminal Justice Issues' in Behrendt, L (ed), The Laws of Australia: Aborigines and Torres Strait Islanders, Thomson Reuters.

Biber, K 2014, 'Commentary on RPS v R' in Australian Feminist Judgments Righting and Rewriting Law, pp. 275-289.

Biber, K 2014, 'RPS v R [2000] HCA 3 Commentary' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting the Law, Hart Publishing, Oxford, pp. 275-278.

Briskman, L & Libesman, T 2014, 'Indigenous Australians: De-colonisation or re-colonisation? Contemporary social work and indigenous australians' in Simon, R & Andrew, D (eds), Social Work in the Shadow of the Law, The Federation Press, Sydney, pp. 213-232.
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Laws have a cumulative and pervasive impact on the lives of individuals and communities. Drawing on the examples of `the stolen generations, the child protection and criminal justice systems, this chapter explains how legal and policy provisions have failed to provide effective solutions to the problems faced by Indigenous peoples and have contributed to cumulative disadvantage. It is suggested that it is important to re-frame social work as a rights-based profession and to identify ways in which social workers can engage in practice that enables Indigenous Australians to participate fully in society while recognising their cultures, aspirations and the impact that history has had.

Chamberlain, K & Vrdoljak, A 2014, 'Controls on the export of cultural objects and human rights' in Nafziger, JAR & Paterson, RK (eds), Handbook on the Law of Cultural Heritage and International Trade, Edward Elgar Publishing, Cheltenham, UK, pp. 532-570.
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Crofts, P 2014, 'Criminal Law' in Cody, A, Ross, N & Walden, S (eds), The Law Handbook, Redfern Legal Centre Publishing, pp. 507-526.

Crofts, P & Brents, BG 2014, 'Legal landscapes of erotic cities: Comparing legal “prostitution” in New South Wales and Nevada' in Maginn, PJ & Steinmetz, C (eds), Sub Urban Sexscapes Geographies and Regulation of the Sex Industry, Routledge, London, pp. 219-240.

Crofts, P & Prior, J 2014, 'Regulation of the Sex Industry: Assumptions of Offence, Awareness and Impacts on Safety and Amenity' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 383-398.

Deakin Crick, R, Ren, K & Stringher, C 2014, 'Introduction' in Learning to Learn, Routledge, pp. 1-5.
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Dorsett, S & McLaren, J 2014, 'Legal Histories of the British Empire' in Dorsett, S & McLaren, J (eds), Legal Histories of the British Empire: Laws, Engagements and Legacies, Routledge, London, pp. 1-12.
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Dorsett, SG & McLaren, J 2014, 'Laws, Engagements and Legacies: The Legal Histories of the British Empire - an introduction' in Dorsett, S & McLaren, J (eds), Legal Histories of the British Empire: Laws, Engagements and Legacies, Routledge, London, pp. 1-12.

Douglas, H, Bartlett, F, Luker, T & Hunter, R 2014, 'Introduction', Bloomsbury Publishing (UK), pp. 1-18.
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Douglas, H, Bartlett, F, Luker, T & Hunter, R 2014, 'Introduction: Righting Australian Law Law' in Douglas, H, Bartlett, F, Hunter, R & Luker, T (eds), Australian Feminist Judgments Righting and Rewriting Law, Hart Publishing, Oxford, UK, pp. 1-17.

Douglas, H, Bartlett, F, Luker, T & Hunter, R 2014, 'Reflections on Rewriting the Law' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Righting and Rewriting Law, Bloomsbury Publishing (UK), Oxford, UK, pp. 19-36.
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Goldblatt, B 2014, 'Testing Women’s Right to Social Security in Australia: A Poor Score' in Goldblatt, B & Lamarche, L (eds), Womens Rights to Social Security and Social Protection, Hart Publishing, Oxford and Portland, Oregon, pp. 263-285.
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From a women's rights perspective, this collection examines the human right to social security and social protection.

Goldblatt, B & Lamarche, L 2014, 'Introduction: Interpreting and Advancing Women’s Rights to Social Security and Social Protection' in Goldblatt, BA (ed), Womens Rights to Social Security and Social Protection, Hart, Oxford and Portland, Oregon, pp. 1-15.

Haesler, A & Crofts, P 2014, ''Criminal Law' The Law Handbook', Redfern Legal Centre Publishing, Sydney, pp. 507-526.

Karpin, I 2014, 'Regulating reproduction: A bioethical approach' in Arras, JD, Fenton, E & Kukla, R (eds), Routledge Companion to Bioethics, Routledge, New York, pp. 370-380.
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Over the last 10 years, across the globe, there has been a steady increase in the use of assisted reproductive technologies (ARTs). The European Society of Human Reproduction and Embryology (ESHRE) reports the highest uptake in Belgium, Denmark, Finland, Iceland, Norway, Slovenia, and Sweden where more than 3.0 percent of all babies born in 2010 were conceived by ARTs (ESHRE 2010). In Australia the figure from 2008 data is as high as 3.3 percent of Australian babies, having risen by 10 percent per year over the previous five years (Wang et al. 2010: viii). In the U.K. the Human Fertilisation and Embryology Authority (HFEA) reports that, in 2010, 2 percent of babies were born using in vitro fertilization (IVF) procedures (HFEA 2013: 39). The figure is lower in the U.S. (approximately 1 percent) (ESHRE 2010), however the number is still significant given the high cost of this developing technology and the comparative lack of public health funding for these procedures in the U.S. It is not surprising, then, that many countries have introduced laws dealing with ARTs and IVF that attempt to impose limits on their use.

Karpin, I 2014, 'The Economic Value of Human Relationships: Cattanach v Melchior Revisited' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments Righting and Rewriting Law, Hart Publishing, Oxford, pp. 155-171.

Karpin, I & Millbank, J 2014, 'Routledge Handbook of Family Law and Policy' in Eekelaar, J & George, R (eds), Routledge Handbook of Family Law and Policy, Routledge, Abingdon, UK, pp. 201-214.
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Kirkby, D & Reiger, K 2014, 'A Design for Learning? A Case Study of the Hidden Costs of Curriculum and Organisational Change', AUSTRALIAN NATL UNIV, pp. 211-227.

Kirkby, DE & Reiger, K 2014, 'A design for learning?: ...the hidden costs of organisational change' in Thornton, M (ed), Through A Glass Darkly The Social Sciences Look at the Neoliberal University, The Australian National University, Australia, pp. 211-228.
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This collection of essays arose from a workshop held in Canberra in 2013 under the auspices of the Academy of Social Sciences in Australia to consider the impact of the encroachment of the market on public universities.

Kong, S & Hawes, CS 2014, 'The new family mediator: TV mediation programs in China's 'harmonious society'' in Bai, R & Song, G (eds), Chinese Television in the Twenty-First Century: Entertaining the Nation, Routledge, Abingdon, UK, pp. 33-50.
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Leary, D 2014, 'From hydrocarbons to psychrophiles: the 'scramble' for Antarctic and Arctic resources' in Stephens, T & VanderZwaag, DL (eds), Polar Oceans Governance in an Era of Environmental Change, Edward Elgar Publishing, Cheltenham U.K., pp. 125-145.
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Leary, DK & Juniper, SK 2014, 'Addressing the Marine genetic resources issue: Is the debate heading in the wrong direction?' in Schofield, C, Lee, S & Kwon, MS (eds), The Limits of Maritime Jurisdiction, Martinus Nijhoff Publishers, Leiden, pp. 769-785.

Libesman, T 2014, 'Locating Moral Responsibility' in Libesman, T (ed), Decolonising Indigenous Child Welfare: Comparative Perspectives, Routledge, Oxon and NY, pp. 708-105.
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Case-based child welfare services, delivered by bureaucratic government departments and in empirical data do not provide good outcomes for Indigenous children and young people. Further, an individualised approach conceals the systemic factors which drive inequality and high levels of contact with child welfare systems in particular with respect to neglect. This chapter examines why decision making within bureaucratic child welfare departments does not attain good outcomes for Indigenous children and why a policy of self-determination, within a human rights framework, is likely to provide a better framework for decision-making. This chapter considers the relationship between modes of decision making and the exercise of moral agency by decision makers and why valid and legitimate decision with respect to Indigenous children's well being need to substantially include Indigenous experience in the decision making process. Consideration is given to the justification for separate Indigenous making bodies, which are implied in policies and processes of self-determination. These justifications are found in terms of a commitment to political equality, in the historical and practical experiences of Indigenous peoples, which distinguish them from other minority or majority groups, in the the rule of law. It is suggested that recognition of Indigenous identity, histories and perspectives in decision making with respect to Indigenous children and young people's well being will contribute not only to more just and effective outcomes for Indigenous families but also to a more dynamic and enlarged democracy for the broader community.

Lindsay, D 2014, 'Franchises, imaginary worlds, authorship and fandom' in Bowrey, K & Handler, M (eds), Law and Creativity in the Age of the Entertainment Franchise, Cambridge University Press, Cambridge, pp. 52-74.
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Covering law and practice in jurisdictions such as the UK, the EU, the USA, Australia, Spain and the Caribbean, this collection explores the 'fit' of intellectual property laws with specific franchises and tracks the way creators and ...

Lindsay, D 2014, 'The ‘right to be forgotten’ in European data protection law' in Emerging Challenges in Privacy Law, Cambridge University Press, pp. 290-337.
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Introduction In January 2012 the European Commission adopted proposals for a new EU framework for data protection that is designed to replace the existing European data protection regime, which is based on the 1995 Data Protection Directive (DPD). The proposed new framework includes a General Data Protection Regulation (GDPR), which is intended to update the 1995 regime and deal with the challenges posed by the increased collection and processing of personal data online, including the emergence of social networking services (SNS). The GDPR, unlike the DPD, will apply directly to EU member states, with the aim of addressing the considerable divergence between current national EU data protection laws. At the time of writing, the proposals were working their way through the European legislative process. In January 2013 a committee of the European Parliament released a draft report on the proposals (the Albrecht Report), which recommended substantive amendments to the text of the GDPR. While it is impossible, at this stage, to predict the final shape of the reform package, this chapter will focus on the draft proposals for a GDPR and the amendments proposed in the Albrecht Report.

Lindsay, DF 2014, 'Emerging Challenges in Privacy Law' in Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, Cambridge, pp. 290-337.
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This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Lindsay, DF, Witzleb, N, Paterson, M & Rodrick, S 2014, 'An Overview of Emerging Challenges in Privacy Law: Comparative Perspectives' in Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, Cambridge UK, pp. 1-28.
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This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Opeskin, B & Shearer, I 2014, 'Nacionalidad y Apatridia' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Las Bases del Derecho Internacional sobre Migración, Macquarie University, pp. 103-137.

Opeskin, B & Shearer, I 2014, 'Nationalité et apatridie' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Le droit international de la migration, Schulthess, pp. 107-142.

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2014, 'Conceptualización del Derecho Internacional sobre Migración' in Las Bases del Derecho Internacional sobre Migración, Macquarie University, pp. 1-18.

Opeskin, B, Perruchoud, R & Redpath-Cross, J 2014, 'Étude théorique du droit international de la migration' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Le droit international de la migration, Schulthess, pp. 1-19.

Ries, N 2014, 'Routledge Handbook of Medical Law and Ethics' in Joly, Y & Knoppers, BM (eds), Routledge Handbook of Medical Law and Ethics, Routledge, pp. 155-167.
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Ries, NM 2014, 'Health professionals and the organization of healthcare: Current trends' in Routledge Handbook of Medical Law and Ethics, pp. 155-167.

Stuhmcke, A 2014, 'The Ombudsman' in Matthew Groves (ed), Modern Administrative Law in Australia, Cambridge University Press, New York, pp. 326-347.
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van rijswijk, H & Townsley, L 2014, 'R v Webster [1990] NSWSC 70012/90: Judgment' in Douglas, H, Bartlett, F, Luker, T & Hunter, R (eds), Australian Feminist Judgments: Writing and Rewriting Law, Hart Publishing, Oxford & Portland, pp. 316-324.

Varnham, S & Jackson, J 2014, 'Universities as the 'Critics and Conscience of Society': The Challenges and Threats to Academic Freedom and University Autonomy in Today's Higher Education Sector' in Anthony Gladman (ed), Europa World of Learning - Edited essay collection, Routledge, United Kingdom, pp. 6-10.
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Chapter written as Guest Editor (with Prof Jim Jackson) for the essay collection commissioned for the 2015 Edition (6 essays)

Vijeyarasa, R 2014, 'Hidden Data, Hidden Victims: Trafficking in the context of globalisation and labour exploitation-the case of Vietnam' in Rawlinson, MC, Commers, RMS & Johnston, T (eds), Labour and global justice: Essays on ethics of labour practices under globalisation, Lexington Books, USA, pp. 141-164.

Vijeyarasa, R 2014, 'Roadblocks to counter-trafficking: A comparative analysis of Vietnam, Ghana and Ukraine' in Zina, M & Abreu, GD (eds), Women Past and Present: Biographic and Interdisciplinary Studies, Cambridge Scholars Publishing, UK, pp. 266-282.
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The exploitation of migrant women abroad through trafficking andtrafficking-like conditions is a global phenomenon. The purpose of thischapter is to highlight similarities and differences in the main barriers thatexist to counter the traffic of women through a comparative study ofVietnam, Ghana and Ukraine. This chapter is based on fieldwork carriedout in the three countries from July 2009 to November 2010, including 52interviews with key informants and first-hand data collected from 109returned victims of trafficking. This research identifies the political, legal,socio-cultural and economic road-blocks that continue to hinder efforts tocounter trafficking using a human rights and migration-centred frameworkin all three research countries.Governments, NGOs and other stakeholders have been engaging incounter-trafficking activities for years, particularly since the enactment in2000 of the UN Protocol to Prevent, Suppress and Punish Trafficking inPersons, Especially Women and Children (Trafficking Protocol). TheProtocol specifically calls for a “comprehensive international approach” to“prevent and combat trafficking in persons” (Preamble). Nonetheless, anarray of barriers to combating trafficking exists, ranging fromshortcomings with national trafficking laws and access to justice forvictims, to the reality that some governments fail to play an active andpositive role in the countering of trafficking. In other instances, negativeperceptions held about individual victims or their own unwillingness to self-identify as a trafficked person, present obstacles. An on-goingemphasis on a criminal justice rather than human-rights centred approachis an overarching challenge.In this chapter, I focus on three key issues:(a) The impact of criminalisation of sex work and stigma associated withboth sex work and trafficking;(b) Stereotypes concerning who constitutes a victim of trafficking; and(c) The role of cultural attitudes and myths concer...

Vrdoljak, AF 2014, 'Human Rights and Cultural Heritage in International Law' in Lenzerini, F & Vrdoljak, AF (eds), International Law for Common Goods Normative Perspectives on Human Rights Culture and Nature, Hart Publishing, Oxford, UK, pp. 139-173.

Wangmann, JM 2014, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for Law?' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 77-107.

Witzleb, N, Lindsay, D, Paterson, M & Rodrick, S 2014, 'An overview of emerging challenges in privacy law' in Emerging Challenges in Privacy Law, Cambridge University Press, pp. 1-28.
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© Cambridge University Press 2014. Privacy holds a highly contested place within contemporary political and legal discourse. One of the difficulties associated with privacy claims is the relatively amorphous nature of privacy. As Robert Gellman aptly said: Lawyers, judges, philosophers, and scholars have attempted to define the scope and meaning of privacy, and it would be unfair to suggest that they have failed. It would be kinder to say that they have all produced different answers. Particularly marginal or novel claims for privacy are sometimes resisted with the argument that privacy is meaningless when it potentially encompasses all and any claims to individual liberty and autonomy. Yet it should no longer be doubted that privacy is a fundamental concern and that, in many traditional settings, it has also acquired a fairly specific scope and meaning. However, privacy is difficult to enforce because it is not an absolute right. Its protection must always be sought against conflicting values or interests. While the conflict between privacy and freedom of expression has been a constant for many decades, it is becoming apparent that public safety and national security concerns have resurged as the nemesis of privacy claims, in particular when states consider themselves under siege from external and internal threats.

Alexander, I 2014, ''Manacles Upon Science': Re-Evaluating Copyright in Informational Works in Light of 18th Century Case Law', Melbourne University Law Review, vol. 38, no. 2, pp. 317-361.

Alexander, I & Fraser, M 2014, 'Copyright Reform in Australia: Asking the Right Questions', Journal of Media Law, vol. 6, no. 1, pp. 8-20.
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Anthony, T & Crawford, W 2014, 'Northern Territory Indigenous community sentencing mechanisms: An order for substantive equality', Australian Indigenous Law Review, vol. 17, no. 2, pp. 79-99.

Beaupert, F, Carney, T, Chiarella, M, Satchell, C, Walton, M, Bennett, B & Kelly, P 2014, 'Regulating healthcare complaints: a literature review', International Journal of Health Care Quality Assurance, vol. 27, no. 6, pp. 505-518.
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Purpose– The purpose of this paper is to explore approaches to the regulation of healthcare complaints and disciplinary processes.Design/methodology/approach– A literature review was conducted across Medline, Sociological Abstracts, Web of Science, Google Scholar and the health, law and social sciences collections of Informit, using terms tapping both the complaints process and regulation generally.Findings– A total of 118 papers dealing with regulation of health complaints or disciplinary proceedings were located. The review reveals a shift away from self-regulation towards greater external oversight, including innovative regulatory approaches including “networked governance” and flexible or “responsive” regulation. It reports growing interest in adoption of strategic and responsive approaches to health complaints governance, by rejecting traditional legal forms in favor of more strategic and responsive forms, taking account of the complexity of adverse health events by tailoring responses to individual circumstances of complainants and their local environments.Originality/value– The challenge of how to collect and harness complaints data to improve the quality of healthcare at a systemic level warrants further research. Scope also exists for researching health complaints commissions and other “meta-regulatory” bodies to explore how to make these processes fairer and better able to meet the complex needs of complainants, health professionals, health services and society.

Bell, F, Shackel, R & Steele, LR 2014, 'Towards Growth and Sustainability: the Institutional and Disciplinary Dynamics of Postgraduate Law Research Networks', Legal Education Review, vol. 24, no. 1 & 2, pp. 201-209.
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Increasingly, attention in Australia is focusing on the role ofpostgraduate student research groups in higher degree research(HDR) student learning and experience.1 The current researchproject was aimed broadly at the evaluation of HDR groups, andwas directed towards informing development of an interdisciplinarygroup around criminology, criminal law and criminaljustice (the Crim* Network: http://crimstarnetwork.com/) basedwithin the Law Faculty at the University of Sydney. Specifically, itsought to ensure the Network developed within a pedagogicallyinformedstructure, and was sustainable in the long-term withpotency for growth and outreach beyond the host faculty andinstitution

Biber, K 2014, 'In Jimmy Governor's Archive', Archives and Manuscripts, vol. 42, no. 3, pp. 270-281.
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Biber, K 2014, 'Inside Jill Meagher's Handbag: Looking at Open Justice', The Alternative Law Journal, vol. 39, no. 2, pp. 73-77.

Booth, T 2014, 'The Restorative Capacities of Victim Impact Statements: Analysis of the Victim – Judge Communication Dyad in the Sentencing of Homicide Offenders', Restorative Justice, vol. 2, no. 3, pp. 253-277.
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Victim impact statements (VISs) are said to introduce restorative elements into the sentencing hearing for the benefit of victims. Roberts and Erez (2004) argue that a key restorative feature of VISs is their potential to generate reciprocal communication between judge and victim: victims have the opportunity to speak about the impact of the crime and the court has the opportunity to acknowledge the harm suffered and validate victims' experiences. Drawing from the findings of a small qualitative study of VISs in homicide sentencing hearings in New South Wales (NSW), Australia, this paper examines the communicative potential of VISs. While the institutional context of VISs in common law jurisdictions constrains their communicative capacities, nonetheless oral VISs provide victims with a valuable opportunity to speak and be heard. Furthermore, while in the hearings studied there was little direct communication between judge and victim, this study reveals that VISs provide a context in which other, more indirect communications can occur

Bowley, RN 2014, '‘A clarification on the obligation to disclose significant risks in Product Disclosure Statements: Woodcroft-Brown v Timbercorp Securities Ltd [2013] VSCA 284’', Butterworths Corporation Law Bulletin, vol. 2014, no. 5, pp. 1-10.

Bowley, RN 2014, '‘NSW Court of Criminal Appeal increases sentence for breaches of s 184(2) and s 1308 of Corporations Act 2001: Director of Public Prosecutions v Bryan Raymond Northcote [2014] NSWCCA 26’', Butterworths Corporation Law Bulletin, vol. 2014, no. 15, pp. 2-7.

Bowley, RN 2014, '‘Solicitor held liable for representations about investment scheme: Polon v Dorian [2014] NSWSC 571’', Butterworths Corporation Law Bulletin, vol. 2014, no. 12, pp. 1-8.

Bowley, RN 2014, 'Misleading and deceptive advice about changing life insurance: Commonwealth Financial Planning v Couper’', Australian Insurance Law Bulletin, vol. 30, no. 2, pp. 28-31.

Bowley, RN & Moore, C 2014, 'The application of s 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) to claims-made insurance policies: An analysis of recent developments', Insurance Law Journal, vol. 25, no. 2, pp. 149-182.
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Following the litigation over the collapsed Bridgecorp Group in New Zealandsince 2011, the application of s 6 of the Law Reform (MiscellaneousProvisions) Act 1946 (NSW) and s 9 of the Law Reform Act 1936 (NZ) toclaims-made policies has been the focus of considerable interest. Througha review of recent case law, this article examines how the courts in Australiaand New Zealand have grappled with the application of these arguablyantiquated provisions to the complexities of modern professional indemnityand directors and officers insurance policies

Bubna-Litic, K & Stoianoff, NP 2014, 'Carbon Pricing and Renewable Energy Innovation: A Comparison of Australian, British and Canadian Carbon Pricing Policies', Bubna-Litic, Karen, Stoianoff, Natalie (2014) 'Carbon Pricing and Renewable Energy Innovation: A Comparison of Australian, British, and Canadian Carbon Pricing Policies', Environmental and Planning Law Journal, vol. 31, no. 5, pp. 368-384.

Buonamano, R 2014, 'The Legal Subject in Althusser’s Political Theory', Law and Critique, vol. 25, no. 3, pp. 231-248.
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Callaghan, SM & Ryan, C 2014, 'Is There a Future for Involuntary Treatment in Rights-based Mental Health Law?', Psychiatry, Psychology and Law, vol. 21, no. 5, pp. 747-766.
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Carney, T 2014, 'Clarifying, Operationalising, and Evaluating Supported Decision Making Models', Research and Practice in Intellectual and Developmental Disabilities, vol. 1, no. 1, pp. 46-50.
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Carney, T 2014, 'The Incredible Complexity of Being? Degrees of Influence, Coercion, and Control of the “Autonomy” of Severe and Enduring Anorexia Nervosa Patients', Journal of Bioethical Inquiry, vol. 11, no. 1, pp. 41-42.
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Carney, T & Bennett, B 2014, 'Framing pandemic management: New governance, science or culture?', Health Sociology Review, vol. 23, no. 2, pp. 136-147.
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Caulfield, T, Burningham, S, Joly, Y, Master, Z, Shabani, M, Borry, P, Becker, A, Burgess, M, Calder, K, Critchley, C, Edwards, K, Fullerton, SM, Gottweis, H, Hyde-Lay, R, Illes, J, Isasi, R, Kato, K, Kaye, J, Knoppers, B, Lynch, J, McGuire, A, Meslin, E, Nicol, D, O’Doherty, K, Ogbogu, U, Otlowski, M, Pullman, D, Ries, N, Scott, C, Sears, M, Wallace, H & Zawati, MH 2014, 'A review of the key issues associated with the commercialization of biobanks', Journal of Law and the Biosciences, vol. 1, no. 1, pp. 94-110.
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Chandler, E, Stuhmcke, A, Millbank, J & Karpin, IA 2014, 'Rethinking Consent, Information Giving and Counselling Concerning Stored Embryos in IVF Treatment', Journal of Law and Medicine, vol. 20, no. 4, pp. 759-772.
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This article presents findings on consent practices 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 their stored embryos created during IVF. In exploring the process of decision-making about stored embryos, participants reflected upon their earlier experiences of clinic information-giving and counselling, particularly at the outset of treatment. The study found that the type and timing of the information given and the range of options presented by clinics in typical consent processes did not meet many participants needs. Informed consent processes in IVF involving the storage of embryos require a number of key changes. Consent to treatment and subsequent decisions about storage and further outcomes for stored embryos need to be addressed separately. To be effective, embryo directive forms should be accompanied by plain language explanations of their legal effects, including what elements are binding, the source of the rules governing decisions, and available formal and informal dispute resolution avenues. Consent and embryo directive forms should be made available on clinic websites to allow greater opportunity for reflection, as well as enabling patients to compare the options available at each clinic. Greater availability of ongoing counselling as well as other external sources of information are crucial to enable informed decision-making.

Dobinson, I & Elliott, E 2014, 'A Householder's Right to Kill or Injure an Intruder under the Crime and Courts Act 2013: An Australian Comparison', The Journal of Criminal Law, vol. 78, no. 1, pp. 80-97.
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Section 43 of the Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 such that a person may be acquitted in a case of self-defence in his or her own home where he or she uses disproportionate, but not grossly disproportionate, force against an intruder. This extends to circumstances where a householder intentionally kills such an intruder. This amendment, a result of Conservative Party policy, appears to be based on populist appeal and a response to certain high-profile cases. By comparison, Australian home invasion legislation imposes limitations on the rights of a householder to kill in circumstances such as a home invasion. In addition, a number of Australian jurisdictions provide for a partial defence of excessive self-defence. Section 43 provides only that the disproportionate force used by a householder be reasonable in the circumstances as the householder believed them to be. Further to this, the amendments are vague, ambiguous and likely to create significant uncertainty.

Dorsett, S & McVeigh, S 2014, 'Jurisprudences of jurisdiction: matters of public authority', Griffith Law Review, vol. 23, no. 4, pp. 569-588.
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© 2015 Griffith University. This essay examines a number of jurisdictional engagements that point to difficulties in joining or separating relations between public authority, jurisprudences of jurisdiction and the writing of jurisprudence.

Dorsett, SG 2014, 'How Do Things Get Started? Legal Transplants and Domestication: An Example from Colonial New Zealand', New Zealand Journal of Public and International Law, vol. 12, pp. 103-122.

Dorsett, SG 2014, 'The Court of Claims and the resolution of informal land claims in New South Wales 1833-1835', Property Law Review, vol. 4, no. 1, pp. 5-21.
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This article discusses a little known 19th century legal institution: The New South Wales Court of Claims. Established in 1833, its remit was to determine who had the better or best title to land in situations where informal land practices had led to uncertain or conflicting claims to land. Despite its important position within the framework of early land law, its operation has been overshadowed by later land institutions, such as the Torrens system. An examination of this court, however, has two benefits. Most obviously, it can shed light on how the mass of informal and conflicting titles was resolved in New South Wales. More broadly, an examination of the court's practice reminds us that the connections between colonial institutions cannot be determined from their enacting statutes, but rather must be disinterred from their day to day workings.

Dorsett, SG 2014, 'The Precedent is India: Crime, Legal Order and Governor Hobson’s 1840 Proposal for the Modification of Criminal Law as applied to Māori', law&history, vol. 1, no. 1, pp. 29-55.
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This article considers the 1840 draft Act by Captain (later Governor)Hobson for the modification of criminal law as applied to Māori. Never enacted, Hobson’s plan was the first in a series of Acts which used exceptional criminal laws as a mechanism for imposing legal order. More broadly, an examination of Hobson’s draft Act also contributes to a growing literature which considers the key transitional period of the second and third decades of the nineteenth century, a period which witnessed the movement from a more pluralised empire to one in which a more recognisably ‘modern’ form of territorial sovereignty was emerging.

Driscoll, DA, Catford, JA, Barney, JN, Hulme, PE, Inderjit, Martin, TG, Pauchard, A, Pysek, P, Richardson, DM, Riley, S & Visser, V 2014, 'New pasture plants intensify invasive species risk', PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES OF THE UNITED STATES OF AMERICA, vol. 111, no. 46, pp. 16622-16627.
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Freckelton, I 2014, 'Australian Mental Health Tribunals, by Terry Carney, David Tait, Julia Perry, Alikki Vernon and Fleur Beaupert, Themis Press', Psychiatry, Psychology and Law, vol. 21, no. 5, pp. 818-820.
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Goldblatt, B 2014, 'Gender, poverty and the development of the right to social security', International Journal of Law in Context, vol. 10, no. 4, pp. 460-477.
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AbstractThe international right to social security has been given limited attention as a vehicle for addressing women's poverty. This paper highlights some of the issues shaping women's poverty globally that require a more responsive right to social security. It discusses the nature and purpose of social security and examines the international law relating to this right, arguing that recent interpretations lack an adequate framework for ensuring women's interests are fully accommodated. The paper challenges the relationship between the right to social security and traditional conceptions of work that exclude women's labour. It also argues that the right must have application at the transnational level if it is to address the changing nature of women's work. Drawing on ideas of substantive equality, it proposes an approach to the development of the right from a gender perspective including a set of principles to be followed in applying the right.

Goldblatt, B 2014, 'Social Security in South Africa – a Gender and Human Rights Analysis', Verfassung in Recht und Übersee, vol. 47, no. 1, pp. 22-42.
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South Africa has a large social assistance programme that plays a critical role in addressing extreme poverty.The strong constitutional rights framework, including a right to social security, underpins the development of this programme. Women are the major recipients of social assistance grants but in most cases collect grants for the benefit of their children (in the form of Child Support Grants). Working age people who are able-bodied are not provided with social assistance despite the high levels of unemployment in the country. Women, who are poorer with less access to paid work, are most disadvantaged by this gap. A recent move to attach conditions to the Child Support Grant is analysed from a gender and human rights perspective. The article considers some of the arguments relating to `conditionality in social security and finds that this move is unnecessary, impractical and a possible violation of human rights as well as a worrying trend in a system that has previously made little use of conditions. The article concludes by proposing a deliberative process of ensuring that the social security right becomes a gender-responsive vehicle for fundamental social change.

Greenman, K 2014, 'Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements', Nordic Journal of International Law, vol. 83, no. 4, pp. 357-403.
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This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a ‘management model’ which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move.

Grossi, R 2014, 'Book Review: Eva Illouz, Why Love Hurts: A Sociological Explanation', Journal of Sociology, vol. 50, no. 4, pp. 623-624.
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Grossi, R 2014, 'Love: A History', CONTEMPORARY SOCIOLOGY-A JOURNAL OF REVIEWS, vol. 43, no. 5, pp. 637-639.

Grossi, R 2014, 'Review Essay ‘Romantic Love our “cultural core”, “general ideology” and “undeclared religion”?’', Contemporary Sociology.

Grossi, R 2014, 'Romantic Love', Contemporary Sociology: A Journal of Reviews, vol. 43, no. 5, pp. 637-639.
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Grossi, R 2014, 'The Paradox of Love', CONTEMPORARY SOCIOLOGY-A JOURNAL OF REVIEWS, vol. 43, no. 5, pp. 637-639.

Grossi, R 2014, 'Why Love Hurts: A Sociological Explanation', CONTEMPORARY SOCIOLOGY-A JOURNAL OF REVIEWS, vol. 43, no. 5, pp. 637-639.

Guglyuvatyy, E & Stoianoff, NP 2014, 'Applying the Delphi Method As a Research Technique in Law and Policy'.

Guglyuvatyy, E & Stoianoff, NP 2014, 'Applying the Delphi Method as a Research Technique in Tax Law and Policy', Australian Tax Forum, vol. 30, no. 1, pp. 179-204.
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This article examines the Delphi method as a tool for legal research that can be used to facilitate transparent and informative policy-making in a variety of fields including tax policy. It points to strengths and limitations of the technique based on the findings of the Delphi study conducted to assist in the assessment of fiscal and more general market-based instruments (referred to in this article as carbon pricing instruments) that could be used to tackle climate change in Australia. Whether the Delphi method is utilised in empirical or theoretical legal research or in legal and policy decision-making, this article demonstrates the strength of the technique in providing transparent and justified results, which in turn reinforces the utility of the method as a legal research and/or decision-making tool.

Hawes, C, Lau, K-LA & Young, A 2014, 'The Chinese ‘Oppression’ Remedy: Creative Interpretations of Company Law by Chinese Courts', American Journal of Comparative Law, vol. 63, no. 2, pp. 559-600.
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This is the first detailed study of the Chinese oppression remedy under the PRC Company Law (article 20.1-2). Compared to its U.K., Canadian, and Australian equivalents, the wording of the Chinese remedy is vague, and the Supreme People's Court has not clarified its meaning. Legal scholars have virtually ignored this remedy due to its vagueness and apparent unenforceability, and the Supreme People's Court has not produced any authoritative interpretations to clarify its meaning. Yet Chinese courts have acted pragmatically, building up a body of de facto case precedents to transform this remedy into an effective tool for minority shareholders, both Chinese and foreign (and in some cases companies too), to obtain redress for a broad range of wrongs committed by abusive shareholders. At the same time, the vagueness of the statute has led courts to draw differing conclusions over issues such as who is a proper plaintiff; how the oppression remedy relates to the derivative action; and how the term 'shareholder' should be defined. These differences need to be addressed by the Supreme People's Court or by legislative amendment to avoid further inconsistent outcomes for parties involved in intra-corporate disputes in China. Alternatively, the use of case precedents based on online judgment databases should be formalized in China to bring more predictability to statutory interpretation and more consistency among courts throughout the country.

Heino, B 2014, 'Workchoices - Characterisation, Effects and Resistance: An AMWU perspective', SOCIAL ALTERNATIVES, vol. 33, no. 2, pp. 50-57.

Jacobs, L & Snyman-Van Deventer, E 2014, 'Corporate Rescue: The South African Business Plan Examined', Nottingham Insolvency and Business Law e-Journal, vol. 6, no. 2, pp. 103-115.

Karpin, IA, Millbank, J, Stuhmcke, A & Chandler, E 2014, 'Analysing IVF Participant Understanding of, Involvement in, and Control Over Embryo Storage and Destruction in Australia', Journal of Law and Medicine, vol. 20, no. 4, pp. 811-830.
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This article examines patient responses to the issues of embryo storage and destruction in IVF

Large, MM, Ryan, CJ, Callaghan, S, Paton, MB & Singh, SP 2014, 'Can violence risk assessment really assist in clinical decision-making?', Australian & New Zealand Journal of Psychiatry, vol. 48, no. 3, pp. 286-288.
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Leary, D 2014, '8. International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 24, no. 1, pp. 564-567.
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The Assembly of the IMO met for its twenty-eighth session in London from 25 November to 4 December. At this meeting, the Assembly elected the following states to be members of its Council for the period 2014–15: The IMO Council met twice in 2013 (at its 110th session on 15–19 Jul and its 111th session on 4 December). At its 111th session, parties endorsed the restructuring of the IMO sub-committees, reducing their numbers from nine to seven. The new sub-committees include: The Assembly adopted a series of amendments and new instruments to give effect to a new mandatory audit scheme as a tool for assessing member states’ performance of their obligations and responsibilities as flag, port, and coastal states under IMO treaties. Measures adopted giving effect to this new scheme...

Light, EM, Robertson, MD, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE, O’Connor, N, Ryan, C & Kerridge, IH 2014, 'The lived experience of involuntary community treatment: a qualitative study of mental health consumers and carers', Australasian Psychiatry, vol. 22, no. 4, pp. 345-351.
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Objective: To describe the lived experiences of people subject to community treatment orders (CTOs) and their carers. Method: We recruited 11 participants (five mental health consumers and six carers) through consumer and carer networks in NSW, Australia, to take part in interviews about their experiences. We analysed the interview data set using established qualitative methodologies. Results: The lived experiences were characterised by ‘access’ concerns, ‘isolation’, ‘loss and trauma’, ‘resistance and resignation’ and ‘vulnerability and distress’. The extent and impact of these experiences related to the severity of mental illness, the support available for people with mental illnesses and their carers, the social compromises associated with living with mental illness, and the challenges of managing the relationships necessitated by these processes. Conclusions: The lived experience of CTOs is complex: it is one of distress and profound ambivalence. The distress is an intrinsic aspect of the experience of severe mental illness, but it also emerges from communication gaps, difficulty obtaining optimal care and accessing mental health services. The ambivalence arises from an acknowledgement that while CTOs are coercive and constrain autonomy, they may also be beneficial. These findings can inform improvements to the implementation of CTOs and the consequent experiences.

Lindsay, D 2014, 'The ‘Right to be Forgotten’ by Search Engines under Data Privacy Law: A Legal Analysis of the Costeja Ruling', Journal of Media Law, vol. 6, no. 2, pp. 159-179.
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Luker, T 2014, 'Performance Anxieties: Interpellation of the Refugee Subject in Law', Canadian Journal of Law and Society, vol. 30, no. 1, pp. 91-107.
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Refugee law posits the refugee as a rights-bearing subject prior to legal recognition. The determination procedures from which legal protection may be availed to a person escaping persecution demand that the applicant be recognizable as a subject entitled to laws power to name her as a refugee. In this article, I draw on speech act theory to investigate the rhetorical structure of refugee recognition. Viewed as a performative speech act, refugee subjectivity emerges as a result of repetition and citation of tropes of refugee-ness, which function to legitimate and naturalize certain representations as evidence of the grounds for protection. This places applicants in a paradoxical position: they must attempt to deliver their evidence as a performance of refugee-ness, but in making the narrative recognizable and understandable according to the norms of the legal process, the singularity, and possibly the authenticity, of the account may be lost. The argument is supported by empirical research conducted at the Australian Refugee Review Tribunal.

Methven, E 2014, ''A Very Expensive Lesson': Counting the Costs of Penalty Notices for Anti-Social Behaviour', Current Issues in Criminal Justice, vol. 26, no. 2, pp. 249-257.
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Millbank, J 2014, 'Identity Disclosure and Information Sharing in Donor Conception Regimes: The Unfulfilled Potential of Voluntary Registers', INTERNATIONAL JOURNAL OF LAW POLICY AND THE FAMILY, vol. 28, no. 3, pp. 223-256.
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© The Author 2014. Published by Oxford University Press. All rights reserved. This article explores the scope and effectiveness of formal donor identity registers currently in operation in assisted conception regimes in Australia and the UK. In particular, it examines the function of voluntary registers which are intended to fill the gaps left by 'central' identity registers which mandate timed release of donor identity on request of donor-conceived adults. There are three 'gaps' left by central registers identified here: conceptions which took place prior to the operation of the relevant registers; parents and offspring who desire access to identifying information or a means of making contact prior to the age set for information release; and parents and offspring who desire information not available under current registers, specifically, identifying information or a means of making contact with other offspring from the same donor. The article reflects on interviews with a set of 21 parents who had undertaken donor conception in Australia through licensed IVF treatment concerning their understandings of disclosure regimes and wishes for, and experience of, seeking information and contact. Voluntary registers established by government bodies in Australia and the UK have largely failed to deliver benefits, and indeed may offer a misleading promise to users, because they have given rise to such a small proportion of matches. These registers are 'passive' in that there is no outreach to parties not on the register to invite them to join when there is a match waiting there. However, voluntary registers could be reframed and resourced on a more facilitative basis to assist users. I propose that formal voluntary registers could be more usefully remade as 'active' registers, making contact with possible participants and offering intermediary services and counselling to establish and communicate expectations and to offer mediated contact, including contact witho...

Millbank, J 2014, 'NUMERICAL LIMITS IN DONOR CONCEPTION REGIMES: GENETIC LINKS AND 'EXTENDED FAMILY' IN THE ERA OF IDENTITY DISCLOSURE', MEDICAL LAW REVIEW, vol. 22, no. 3, pp. 325-356.
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This article critically examines the setting of limits on the number of children or family groups that may be formed with a single donor in assisted conception regimes. Originally, under conditions of anonymity, numerical limits were said to contain the risk of inadvertent consanguinity between offspring who would not know, and could not know, that they were genetic half siblings, and also between donor and offspring. The increasing embrace of identity disclosure regimes has led to calls for stricter numerical limits based on the purported harm of being exposed to 'too many' genetic relatives in the future. This article asks: how many is too many? And how do we know? The UK and Australian positions are examined, and placed alongside a discussion of qualitative research involving interviews with twenty parents of donor conceived children. © The Author [2014]. Published by Oxford University Press; all rights reserved.

Nicholls, R 2014, 'Something to remember him by: Commissioner Joaquín Almunia's farewell gift', Law and Financial Markets Review, vol. 8, no. 4, pp. 315-317.
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Nicholls, R 2014, 'Telecommunications: Structural separation, interconnection and access', AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW, vol. 22, no. 1.

Nicholls, R 2014, 'The Political Economies of Media: The Transformation of the Global Media Industries', TELECOMMUNICATIONS POLICY, vol. 38, no. 11, pp. 1185-1187.
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Nicholls, R & O'Brien, J 2014, 'Hanging together or hanging separately: is competition law in the process of eclipsing financial regulation?', Law and Financial Markets Review, vol. 8, no. 2, pp. 178-184.
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Nicol, D, Hagger, M, Ries, N & Liddicoat, J 2014, 'Time to Get Serious about Privacy Policies: The Special Case of Genetic Privacy', Federal Law Review, vol. 42, no. 1, pp. 149-179.

Oduwo, E & Edwards, SJL 2014, 'A systematic review of factors affecting children’s right to health in cluster randomized trials in Kenya', Trials, vol. 15, no. 1, pp. 229-234.
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Analysis of the design of children's courts in NSW.

Opeskin, B 2014, 'Models of Judicial Tenure: Reconsidering Life Limits, Age Limits and Term Limits for Judges', Oxford Journal of Legal Studies, vol. 35, no. 4, pp. 627-663.
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© The Author 2015. Published by Oxford University Press. Tenure is an important facet of judicial independence and a key principle underpinning the rule of law, yet its protection varies markedly from country to country. This article examines the historical development and empirical experience of three preeminent appellate courts-the Supreme Court of the United States, the High Court of Australia and the Constitutional Court of South Africa-as examples of prevalent models of tenure, namely, life tenure, age limits and term limits. Dissatisfaction with tenure arrangements in each jurisdiction has been impelled by increasing human longevity, growing awareness of incapacities that accompany ageing and changing attitudes to age discrimination. These developments have led to constitutional and legislative reforms to ameliorate the problems that inhere in different models of tenure. However, the choice between models, and between key parameters within each model, reflect complex policy preferences. The article concludes that hybrid arrangements that incorporate age limits and term limits provide an appropriate compromise between competing policy objectives.

Opeskin, B 2014, 'The State of the Judicature: A Statistical Profile of Australian Courts and Judges', Sydney Law Review, vol. 35, no. 489, pp. 489-517.
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In 1977 Chief Justice Barwick gave one of the first statistical snapshots of the Australian courts as a ‘judicial system’ in his inaugural ‘State of the Australian Judicature’ address. Since then, there has been no detailed statistical examination of the characteristics of the Australian judicature, due in part to the paucity of reliable data. After the passage of 36 years, this article provides a second examination of Australian courts and judges using data from the Productivity Commission and other sources. The article describes and analyses key attributes and observable trends in the judicature from the perspectives of both the supply side (judicial labour) and the demand side (court lodgements). This is done across six domains: size and growth; tiers of the court hierarchy; state versus federal systems; civil versus criminal subject matter; regional dynamics; and gender composition. What emerges is a complex picture of a dynamic judicial system that does not always comport with common assumptions about its structure and organisation. There is a critical need for the collection of additional data on the judicature, and for research that provides a better understanding of the forces that will shape the evolution of the Australian judicial system over the coming decades.

Opeskin, B & Parr, N 2014, 'Population, Crime and Courts: Demographic Projections of the Future Workload of the New South Wales Magistracy', Journal of Judicial Administration, vol. 23, pp. 233-252.
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The New South Wales Local Court is the largest court in Australia. This study seeks to facilitate future planning for the Court by making demographic projections of the criminal workload of the Court over the next 25 years (criminal matters account for 95 per cent of its new lodgements). The study applies criminal conviction rates by age, sex and locality to population projections for the state to produce projections of the number of criminal convictions for the state and its geospatial subdivisions. These statistics are used to derive the demand for magistrates and a comparison is then made of the supply of magistrates under different scenarios. The principal finding is that, due to demographic change alone, the number of criminal convictions is projected to increase by 16 per cent by 2036, with nearly all the increase occurring in Sydney, especially in the city’s west and south west.

Riley, J 2014, 'Mutual Trust and Confidence on Trial: At Last', Sydney Law Review, vol. 36, no. 1, pp. 151-167.

Riley, S & Li, G 2014, 'Internationalisation and Intercultural Skills: Using Role-Play Simulations to Build Bridges of Tolerance and Understanding', Macquarie Law Journal, vol. 13-14, pp. 127-147.
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Although the notion of internationalisation does not have a settled meaning, its main theme focuses on enriching ‘the international dimension’ of the higher education experience. Internationalisation traditionally includes promoting student mobility and embedding international elements in existing curriculum. Yet, in order to achieve true internationalisation, teachers also need to consider how students develop intercultural skills. The literature indicates that it may be difficult to implement learning strategies that achieve these outcomes. In an attempt to fill this gap, this paper evaluates a project that the authors undertook, which utilised role-play simulations in order to build bridges of tolerance and understanding amongst a diverse student cohort. The project reflected an integrative approach that incorporated international elements into the existing curriculum. It was conducted in two stages, commencing with a pilot exercise in an undergraduate law subject taught to business students and concluding with a workshop designed to shed light on some of the challenges underscored by the pilot exercise. In particular, the workshop explored findings that role-play simulations were an effective tool in encouraging students to engage with each other at a disciplinary and personal level, but somewhat less effective in facilitating meaningful intercultural exchange. Both the pilot project and the workshop highlight the need for teachers to build on their role as intercultural facilitators and to innovate and explore all students’ experiences of ‘internationalisation’. Moreover, while educational institutions consider internationalisation to be one of their strengths, more work needs to be done to assist teachers in developing and implementing internationalisation of the curriculum at the subject, course and program levels.

Ryan, CJ & Callaghan, S 2014, 'Treatment Refusal in Anorexia Nervosa: The Hardest of Cases', Journal of Bioethical Inquiry, vol. 11, no. 1, pp. 43-45.
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Ryan, CJ, Callaghan, S & Large, MM 2014, 'Communication, confidentiality and consent in mental health care', Medical Journal of Australia, vol. 200, no. 1, pp. 9-9.
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Sarela, AI & Thomson, M 2014, 'Balancing law, ethics and reality in informed consent for surgery', The Annals of The Royal College of Surgeons of England, vol. 96, no. 5, pp. 329-330.
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Informed consent has different implications and requirements in law and bioethics, and some irreconcilable disputes with the reality of surgical practice in the National Health Service. This article explores and discusses various aspects of informed consent that are of critical importance for practising surgeons in all specialties.

Simmonds, A 2014, 'Friendship, Imperial Violence and the Law of Nations: The Case of Late-Eighteenth Century British Oceania', The Journal of Imperial and Commonwealth History, vol. 42, no. 4, pp. 645-666.
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© 2014, Taylor & Francis. This article examines the interrelationship of friendship and violence in European juristic traditions and in British scientific voyaging in Oceania. Drawing upon Roman texts and natural law treatises, it shows how friendship, meaning hospitality and trade, appeared as a right asserted by imperial nations, often with the backing of force. Moving from jurisprudence to imperial practice, this article examines the coercive elements of cross-cultural friendship in eighteenth-century British expansion into Oceania. It suggests that it was in the breach more than the observance that discourses of friendship came to the fore, specifically in resistance to first contact and in accusations of theft. Seen to be motivated by either violent or avaricious passions, theft and native resistance tore the bonds of human sociability asunder. I argue that the significance of friendship was twofold. First, in a context of inter-imperial rivalry, friendship signified native consent in claims of possession over land and thus ensured conformity to legal norms. Second, it promised a system of order governed by norms of affective restraint that could sublimate the passions of natives, voyagers and nations.

Stark, F 2014, 'Wickedness and Crime: Laws of Homicide and Malice. by Penny Crofts. [London: Routledge. 2013. 285 pp. Hardback £80. ISBN 978-0-415-82015-8.]', The Cambridge Law Journal, vol. 73, no. 1, pp. 224-228.
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Steele, L 2014, 'Disability, abnormality and criminal law: sterilisation as lawful and ‘good’ violence', Griffith Law Review, vol. 23, no. 3, pp. 467-497.
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© 2015 Griffith University. This article analyses the place of the intersections of the criminal law of assault and the Family Court's welfare jurisdiction in rendering Family Court authorised sterilisation of girls with intellectual disability a legally permissible form of violence. The article does this by examining court authorised sterilisation of girls with intellectual disability by reference to the concepts of ‘legal violence’ and ‘abnormality’. The article's central argument is that Family Court authorised sterilisation of girls with intellectual disability is a form of lawful and ‘good’ violence against abnormal legal subjects. Such girls are – by reason of their incapacity – positioned outside the group of ‘normal’ legal subjects of assault who have the capacity to decide to consent to contact with their otherwise ‘impermeable’ and legally sacrosanct bodies. As the girls with intellectual disability are deemed to constitute ‘abnormal’ legal subjects of assault, the lawfulness of the contact involved in the act of their sterilisation is not dependent on the consent of the girls themselves, but instead on the consent of their parents as authorised by the Family Court acting in its welfare jurisdiction. In the course of authorising parental consent to sterilisation, the Family Court not only renders an act of sterilisation ‘lawful violence’, but also ‘good violence’ through the characterisation of girls with intellectual disability as absolutely different to individuals without disability, and through the characterisation of the act in legal, familial and medical terms.

Steele, L & Thomas, S 2014, 'Disability at the periphery: legal theory, disability and criminal law', Griffith Law Review, vol. 23, no. 3, pp. 357-369.
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© 2015 Griffith University. This special issue of the Griffith Law Review is dedicated to an examination of the relationships and intersections between disability, criminal law and legal theory. Despite the centrality of disability to the doctrines, operation and reform of criminal law, disability continues to inhabit a marginal location in legal theoretical engagement with criminal law. This special issue proceeds from a contestation of disability as an individual, medical condition and instead explores disability's social, political and cultural contexts. This kind of approach directs critical attention to questioning many aspects of the relationships between disability and criminal law which have otherwise been taken for granted or overlooked in legal scholarship. These aspects include the differential treatment of people with disability by criminal law, the impact of core legal concepts such as capacity on criminal legal treatment of people with disability, and the role of disability in ordering and legitimising criminal law. It is hoped that the special issue will contribute to the shifting of disability from its peripheral location in legal theoretical scholarship much more to the centre of critical and political engagement with criminal law.

Stewart, P & Stuhmcke, A 2014, 'High Court Negligence Cases 2000–10', The Sydney Law Review, vol. 36, no. 4, pp. 585-618.
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This article reports and analyses the results of a study of High Court negligence decisions from 2000 to 2010. The research establishes that the common law of negligence has been evolving toward the imposition of greater personal responsibility on plaintiffs in most circumstances, but especially in recreational activity cases. Further, the study reveals a substantial level of protection for public authority defendants at common law, challenging the assumptions that underpinned the significant statutory protections that were enacted in Australian jurisdictions from 2002 onwards. The data analysis therefore corroborates previous work of Australian tort law scholars and contradicts the claims made by policymakers at the start of the 21st century about the urgent need for tort law reform. Given that there has not been an empirical study of 21st century High Court negligence decisions to date, the study provides a foundation for future assessment of the effect of Australian tort law reform legislation.

Stuhmcke, A 2014, 'A Snapshot in Time: The Changing Systemic Role of the Australian Commonwealth Ombudsman', GSTF Journal of Law and Social Sciences, vol. 4, no. 1, pp. 99-108.
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Abstract— The role of the Australian Commonwealth Ombudsman has changed. This change has occurred through operational decision-making rather than through legislative reform. Similarly to many classical ombudsman institutions the Commonwealth Ombudsman has two traditional roles – proactive system fixer and reactive individual complaint handler. Since the office was introduced in Australian in the 1970s. the emphasis placed upon systemic reform has increased. This change is noteworthy as it is generally assumed that these dual roles are related in that improvements produced by one role will impact upon the other. Here it is most often implied in public law literature, that the correction by an ombudsman of a systemic administrative deficiency through its systemic function will reduce numbers of individual complaints. Using empirical data based upon a ‘snapshot in time’ study of the Australian Commonwealth Ombudsman this article argues that this traditional assumptions as to the relationship between the two roles is flawed. The findings of the study presented in this article will impact upon the operation of the ombudsman institution and provide insight into ways in which the role and performance of such a growing international integrity review body may be strengthened.

Stuhmcke, A 2014, 'Tick Tock Goes the Clock: Rethinking Policy and Embryo Storage Limits', Feminist Legal Studies, vol. 22, no. 3, pp. 285-306.
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© 2014, The Author(s). Cryopreservation of human embryos remains, in many jurisdictions, a critical component of the use of the technology of in vitro fertilisation (IVF) in assisted reproduction. However, although the reasons for the freezing of reproductive material—such as cost effectiveness and reducing risks of IVF—are a constant across jurisdictions, the desirable length of storage remains subject to ongoing regulatory debate. Internationally embryo storage limits are variable. This article features data from a recent Australian research project which explores individual attitudes, desires and understandings of law of IVF patients (and their partners) who had or who have embryos in storage. This article uses interviews from the study to argue that storage limits, like any apparently neutral regulatory tool, apply unequally causing unintended physical, mental and emotional harm—particularly to women. This analysis of storage limits exposes the interaction of time, science and law to create, apply and enforce norms and practices of ‘natural’ embryo storage, suggesting that the imposition of inflexible legislative restrictions upon embryo storage are socially contingent and value laden rather than ‘natural’ or ‘scientific’. This outcome has relevance to wider debates over assisted reproduction policies, suggesting that legal frameworks should adopt more flexibility in application to the patients who use this technology.

Stuhmcke, A & Chandler, E 2014, 'Storage limits of gametes and embryos: regulation in search of policy justification.', J Law Med, vol. 22, no. 1, pp. 121-135.
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In Australia regulatory limits with respect to the storage of gametes and embryos differ according to both the 'type' of reproductive material and the jurisdiction the material is stored within. This article examines the differences and similarities in storage limits across Australian States, evaluating the reasons for the introduction of storage limits and identifying historical policy change. The article argues that justifications for current storage limits are not clearly articulated and calls for further debate and discussion in this increasingly important area of law.

Stuhmcke, A & Stewart, P 2014, 'Lacunae and Litigants: A Study of Negligence Cases in the High Court of Australia in the First Decade of the 21st Century and Beyond', Melbourne University Law Review, vol. 38, no. 1, pp. 151-197.
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© 2014, Melbourne University Law Review. All rights reserved. This article examines a snapshot in time of appeals in negligence cases to the High Court during the first 11 years of the 21stcentury. In total, 78 negligence cases decided by the High Court during this period are analysed. Cases granted leave to appeal to the High Court are exceptional, raising novel or difficult issues of law and depend upon an injured plaintiff 's practical and financial ability to access legal services. This article analyses the gender and age of litigants, and the accident type in these appeals in order to determine what, if anything, can be learnt about tort litigation patterns. This study found that more men litigated in High Court appeals in the period under study than any other group. When analysed against the background of existing evidence as to: the nature and type of injuries suffered in Australia which require hospitalisation; who is injured; who litigates at first instance; who appeals; and the nature of negligence cases, it becomes clear that adult male plaintiffs appear more often in tort law than women and children due to more men being injured as a group and female and child injuries happening more often in no-fault contexts. The data also indicate that plaintiffs are far less likely to succeed in negligence appeals to the High Court than defendants. It is argued that this emphasis upon personal responsibility in the tort of negligence seems set to continue in light of the statutory tort law reforms which took place across Australia in 2002.

Stuhmcke, A, Karpin, IA, Chandler, E & Millbank, J 2014, 'Use of Stored Embryos in IVF Following Separation or Death of a Partner', Journal of Law and Medicine, vol. 20, no. 4, pp. 773-788.
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This article examines legal and policy restrictions on the use of stored IVF embryos after relationship separation and death.

Thorpe, DE 2014, 'Adolescent negligence, 'obvious risk' and recent developments in neuroscience', Torts Law Journal, vol. 21, pp. 195-221.

Thorpe, DE 2014, 'Is there an estoppel issue in the Cronulla Sharks and Essendon Bombers doping scandal?', Sports Law eJournal, vol. 19, pp. 1-14.
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This article considers the application of the doctrine of estoppel to `shield from contract-based prosecution those players of the Cronulla Sharks and Essendon Bombers implicated in recent accusations of doping. The arguably different application of estoppel as between the clubs (which are contractually entitled to punish players for doping) on one hand, and the organising bodies of the National Rugby League (NRL) and the Australian football League (AFL), on the other, is also considered.

Thorpe, DE 2014, 'The Efficacy (and Otherwise) of the ‘New’ Sport Anti-Corruption Legislation in Australia', Victoria University Law and Justice Journal, vol. 4, no. 1, pp. 102-116.

Tian, Y 2014, 'Don’t sue us for search: Google’s unnecessary safe harbour appeal', the Conversation.

van Rijswijk, H 2014, 'Archiving the Northern Territory Intervention in Law, and in the Literary Counter-Imaginary', Australian Feminist Law Journal [, vol. 40, no. 1, pp. 117-133.
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Varnham, S 2014, 'Rights and Realities in Australian and New Zealand Education: ‘regular and systematic and not unsuitable’?', International Journal for Education Law and Policy, no. Special, pp. 97-125.
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Education: the key to lifes expectations and a nations future. The right to aneducation is fundamental. It is enshrined in several international conventionswhich have been ratified by Australia and New Zealand. The rights therein arenow contained expressly or impliedly in the education legislation of most Australianstates and territories, and in the New Zealand Education Acts of 1964 and1989. This article discusses the extent of the right to education, the accompanyingresponsibilities, and the realities surrounding the exercise of that right in thefree, compulsory and secular' education systems of Australia and New Zealand.Within a wide brief it endeavours to provide a snapshot of topical issues withinthe '4 A' components'2 - that education is available, accessible, adaptable and acceptablefor all persons.

Varnham, S, Evers, M, Booth, T & Avgoustinos, C 2014, 'Democracy in Schools: Encouraging Responsibility and citizenship through student participation in school decision making', International Journal of Law and Education, vol. 19, no. 1, pp. 73-91.
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What should be the place of children’s voices in the running of their schools and in their education? Sadly,in Australia this question is often overlooked in the shifting sands of education policy. Commonly, stateand federal governments focus on schools solely through a lens of educational attainment. Increasingly,the emphasis seems to be on the development of the national curriculum, and on the measuring of schooland student performance in public examinations, publicised now on the MySchools website. Meanwhile,the media often focus on the behavioural problems with which schools are dealing and statistics reveal anincreasing trend towards student disengagement from school through truancy and exclusion. The proceduresfor addressing problems, prescribed in policy and legislation, tend to be reactive rather than proactive.The formulation and establishment of the United Nations Convention on the Rights of the Child (UNCROC)has led to a mounting global discussion on the rights of children generally. Particularly relevant in theeducation context is the right of participation set out in Article 12(1) and the link between the developmentof citizenship principles through democratic practices in schools, and nation-building.3 While participatoryand restorative practices in education have been the subject of debate for several decades, and have beenimplemented elsewhere, such concepts have been slow to enter public consciousness in Australia. Theteaching of citizenship in schools here has concentrated on civics classroom education. Increasingly thougheducators in Australia are taking the initiative in their schools to introduce citizenship by practice andexample within the school structure, by ‘doing’ rather than just ‘teaching’. Many of these practices areassociated with active citizenship and democracy, and are based on participation in decision making inschools, including in the restoration of interpersonal relationships. Where measures are im...

Varnham, S, Evers, M, Booth, T & Avgoustinos, C 2014, 'Valuing Their Voices: Student Participation in Decision Making in Australian Schools', International Journal of Law & Education, vol. 19, no. 2, pp. 1-16.
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Third article from ECRG project

Vogl, A 2014, 'Over the Borderline: A Critical Inquiry into the Geography of Territorial Excision and the Securitisation of the Australian Border', University of New South Wales Law Journal, vol. 38, no. 1, pp. 114-145.

Vrdoljak, AF 2014, 'Introduction', International Law for Common Goods Normative Perspectives on Human Rights Culture and Nature, pp. 1-7.

Watson, N 2014, 'Justice in whose eyes? Why lawyers should read black Australian literature', Griffith Law Review, vol. 23, no. 1, pp. 44-60.
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This article presents a challenge to legal scholars to engage with Indigenous literature. Because such literature is closely aligned to Indigenous movements, it is a rich source of information in relation to what Indigenous people believe is necessary for them to receive redress for the injuries of colonisation. Such engagement grounds the conclusion that litigation is rarely an end in itself, but rather one part of an enduring struggle for the transformation of relationships between Indigenous people and the state. Platforms written by Indigenous people are holistic and, in spite of diversity over time, they usually include at least three elements – the realisation of self-determination, the creation of a land base, and compensation for dispossession. Critical race theory provides a theoretical foundation for the incorporation of such platforms into legal scholarship. By engaging with Indigenous literature, legal scholars will be exposed to the shortcomings of the native title recognition process, and devise new frameworks that will support Indigenous self-determination

Ball, EMA, Grey, A, Steiner, G, Tan, AL, Fukuba, E, McGonagle, D, Bell, AL & Rooney, MM 1970, 'Defining hand arthritis in systemic lupus erythematosus, from an ultrasound, MRI and antibody status perspective', IRISH JOURNAL OF MEDICAL SCIENCE, SPRINGER LONDON LTD, pp. S92-S92.

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 Defense + Security, SPIE, MD, Baltimore, pp. 907016-907016.
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Heino, B 1970, 'Regulation theory and Australian labour law: from antipodean Fordism to liberal-productivism', Association of Industrial Relations Academics of Australia and New Zealand, Melbourne.

Li, G 1970, 'Case Studies Improve Multi-cultural Interactions', Enhancing Understanding of domestic and international students interactions Symposium, University of Sunshine Coast.

Nossar, I, Johnstone, R, Macklin, A & Rawling, MJ 1970, 'Protective Legal Regulation for Home Based Workers in the Textile, Clothing and Footwear Industry', Journal of Industrial Relations 'Supply Chains' Symposium, Business School, University of Technology Sydney.

Rawling, MJ 1970, 'Mandatory Regulation of Supply Chains to Protect Workers: How it works and the next logical step', Anti-Slavery Australia - Ethical Supply Chains: How do we ensure that Human Rights are Protected?, Faculty of Law, University of Technology Sydney.

Schofield-Georgeson, E 1970, ''Mad' Edwin Withers and the Struggle for Fair Trial Rights at Parramatta', Australia and New Zealand Law & History Society Conference, Coffs Harbour.

Tian, Y 1970, 'Cloud Computing and Copyright', Fifth Asia-Pacific Innovation Conference, Sydney.

Tian, Y 1970, 'Cloud Computing and Personal Data Protection Law in China', 2014 Annual Workshop on Chinese Law, Annual Workshop on Chinese Law, China Studies Centre and Faculty of Law, The University of Sydney, Sydney, Australia.

Tian, Y 1970, 'Recent Development of Cloud Computing and Content Regulation', Trans-Pacific Intellectual Property Roundtable (invited only), University of New South Wales.

Walsh, M 1970, 'Perspectives, Dilemmas and Possibilities, Aboriginal and Torres Strait Islander Employment at the University of Technology Sydney', World Indigenous peoples conference on education, Honolulu.

Burn, JM 2014, Anti-Slavery Australia submission to the Senate Legal Affairs Committee Inquiry into the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014, pp. 1-1, Parliament of Australia Website.
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This submission supports the Crimes Legislation Amendment (Psychoactive Substance and Other Measures) Bill 2014. It notes that the legislative changes are consistent with Australia’s obligations under international law.

Burn, JM 2014, Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Migration Amendment (Regaining Control over Australia’s Protection Obligations) Bill 2013, pp. 1-6, Parliament of Australia website.
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This submission argues against the repeal of complementary protection provisions under the Migration Act 1958 (Cth). Complementary protection offered victims of human trafficking the chance of a visa without relying on their participation in the criminal justice procedure. The legislation proposes that these provisions be replaced with an ‘administrative process’. Anti-Slavery Australia has grave concerns about the lack of clarity over what this process will involve.

Burn, JM & Evenhuis, M 2014, 'Just Married, Just a Child': Child Marriage in the Indo-Pacific Region, Plan International Australia website.
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A detailed report on the many facets of child marriage, from its cause and impact to the necessary steps we must take to end the practice. There is also specific focus on Australia and the Indo-Pacific region and the role of the Australian government in ending child marriage.

Dehm, S Australian Human Rights Centre 2014, Ingram Workshop on Migrant Labour Recruitment in the Asia Pacific Region: Workshop Report.

Prior, JH & Crofts, P 2014, Environment Protection Authority Responses to Illegal Dumping in NSW: An analysis of clean-up notices and prosecutions, no. 1, pp. 1-48, prepared for NSW Environment Protection Authority, by Institute for Sustainable Futures, Faculty of Law, UTS, Sydney, Australia.

Stoianoff, NP, Cahill, A, Wright, E & Marshall, V UTS – Indigenous Knowledge Forum & North West Local Land Services (NSW)) 2014, Recognising and Protecting Aboriginal Knowledge Associated with Natural Resource Management - White Paper for the Office of Environment and Heritage, NSW, 2014, pp. 1-137, Sydney.

Vrdoljak, A, Torggler, B, Abakova, M & Rubin, A UNESCO 2014, Evaluation of UNESCO’s Standard-setting Work of the Culture Sector Part II – 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, pp. 1-170, France.
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As the only UN agency with a mandate in culture, UNESCO has developed a comprehensive series ofstandard-setting instruments in this field, including six main culture conventions, manyrecommendations and a number of declarations. Significant time and resources are spent on standardsettingactivities related to these instruments and even though the visibility of some of this work is high,no comprehensive evaluation has ever been conducted of the standard-setting work of UNESCO. It is inthis context that UNESCO decided to conduct this evaluation.Evaluation purpose, scope and methodologyThe purpose of the overall evaluation is to generate findings and recommendations regarding therelevance and the effectiveness of the standard-setting work of the culture sector with a focus on itsimpact on ratification; on legislation, policies, and strategies of Parties to UNESCO’s culture conventions;and on the implementation of the conventions at the national level. A separate report by the IOS AuditSection assesses the adequacy and efficiency of the working methods used in the standard-setting work.The evaluation aims to help the UNESCO Culture Sector, Senior Management and the Governing bodiesof the conventions to strengthen, refocus and better coordinate the organisation’s standard-settingactivities. It also wants to contribute to generating a better understanding about how conventions workin practice, i.e. how they affect legislation and policies of Parties and the behaviour of key institutionalactors. It thereby intends to serve as a source of information for Member States, who have the primaryresponsibility for the implementation of the standard-setting instruments at national level.The overall evaluation examines four of UNESCO’s culture conventions (1970, 1972, 2003 and 2005). Thepresent report constitutes part two of the overall evaluation. It focuses on the 1970 Convention on theMeans of Prohibiting and Preventing the Illicit Import, Export a...

Smith, R & Smith, R 2014, 'Arts based research on reflective analysis of a Merger or acquisition', Macquarie University Student art, Macquarie University Art gallery.
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Drawings and sketches accompanying Masters Thesis

Alexander, I, Burrell, R, Handler, M, Hudson, E & Weatherall, KG 2014, 'Addressing Copyright Infringement Online Through Secondary Liability and Website Blocking: A Submission to the Australian Government'.
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This submission responds to two proposals by the Australian government to address online copyright infringement (1) expanding secondary liability for copyright infringement (the doctrine of authorisation) to increase the ‘incentives’ for network access providers to ‘cooperate’ with copyright owners, and (2) introducing a mechanism to allow copyright owners to apply to the court for an injunction to block overseas websites with the ‘dominant purpose’ of facilitating copyright infringement. The submission argues against the expansion of secondary liability, outlining the many problems that have resulted in recent years in Australia from legislative attempts to ‘clarify’ or codify the doctrine of authorisation. It points out the hybrid nature of the Australian law prohibiting ‘authorisation’ of copyright infringement, as a creature of both statute and common law, and how this impacts on legislative attempts to guide the courts. It also points out that internet service provider safe harbours, introduced as a result of Australia’s Free Trade Agreement with the US, would also undermine the government’s goals. In relation to website blocking, the submission reviews developments in Europe and elsewhere and suggests a range of safeguards and limitations that should be considered, including limiting availability of an injunction to cases of serious infringement, where the injunction will not impact on lawful access, ensuring that the order does not impact adversely on the ability of network providers to run a business, ensuring natural justice and procedural fairness. We also argue for a sunset clause to ensure proper review of its operation after an appropriate period. The submission also examines, and rejects, an argument that Australia’s bilateral trade agreements with the US, Singapore, Korea and/or Japan require Australia to expand the liability of internet access providers for copyright infringement by their customers.

Arbel, E, Dauvergne, C & Millbank, J 2014, 'Gender in Refugee Law: From the Margins to the Centre', pp. 1-296.
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© 2014 Selection and editorial matter, Efrat Arbel, Catherine Dauvergne and Jenni Millbank; individual chapters, the contributors. Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Bartlett, F, Luker, T, Douglas, H & Hunter, R 2014, 'Australian Feminist Judgments Project Righting and Re-Writing Law'.
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This book brings together feminist academics, lawyers, and activists to present an impressive collection of alternative judgments in a series of Australian legal cases.

Booth, T 2014, 'Victim Impact Statements to Sway Homicide Penalties? Think Again', The Conversation Media Trust.
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In the wake of the sentencing of Kieran Loveridge for the manslaughter of Thomas Kelly, the NSW government has been busy implementing new sentencing laws. As part of this activity, the government is now consulting with interested stakeholders about a proposal to change the states sentencing laws so that sentencing courts `may take account of victim impact statements (VISs) from members of the deceaseds family (family victims) in determining the penalty that is imposed on homicide offenders. This article explains why such a change to the law has the potential to be significantly detrimental to the interests of family victims in the sentencing hearing and should not go ahead.

Burn, JM 2014, 'Proposal for a national compensation scheme for trafficked people', pp. 1-2.
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Proposal outlining the need for a national compensation scheme for victims of trafficking, drawing attention to Australia’s international reparation obligations and recommending that a working party be formed to investigate the creation of a federal scheme.

Goldblatt, B & Lamarche, L 2014, 'Women's Rights to Social Security and Social Protection', Hart Pub Limited.
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From a women's rights perspective, this collection examines the human right to social security and social protection.

Goldblatt, BA & Lamarche, L 2014, 'Women's Rights to Social Security and Social Protection', Hart Pub Limited.
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From a women's rights perspective, this collection examines the human right to social security and social protection.

Leary, DK 2014, 'Planning Law: Friend or Foe of Renewable Energy?'.
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This paper highlights several aspects of the emerging body of law relating to renewable energy across Australia with a particular focus on the east coast jurisdictions. It argues that pricing carbon (the incorrectly named ‘carbon tax’) and the renewable energy target scheme are actually only a small part of the regulatory equation when it comes to renewable energy in Australia. Focusing on regulation of the national electricity market and planning law, the paper argues that proponents of renewable energy projects face a myriad of regulatory hurdles that often act contrary to the professed legislative objective of both the carbon price and the renewable energy scheme to promote the growth of renewable energy.

Lenta, P 2014, 'The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa’s Basic Law, by Stu Woolman', HeinOnline.

Methven, E 2014, 'Section 18C and unravelling the government’s ‘freedom agenda’', The Conversation.

Schofield-Georgeson, E 2014, 'Bikies, unions...and the ABCC? Spinning the policing of work', The Conversation.

Schofield-Georgeson, E 2014, 'Criminal Procedure in New South Wales, 1788-1861'.

Schofield-Georgeson, E 2014, 'Fair work or more productivity? Revived ABCC will deliver neither', The Conversation.

Steele, LR & Beaupert, F 2014, 'Submission to the United Nations Committee on the Rights of Persons with Disabilities on Draft General Comment No 1 on Article 12 of the Convention on the Rights of Persons with Disabilities (2014)'.

Steele, LR, Beaupert, F & Gooding, P 2014, 'Submission to the Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Law (2014)'.

Vogl, A 2014, 'Asylum Seeker Code is a Rhetorical Tool – with Severe Consequences', The Conversation.

Vogl, A 2014, 'On Asylum Seekers, International Law can't Hold Back this Government', The Guardian.

Wangmann, J 2014, 'Domestic violence orders need stronger enforcement', The Conversation.