Berg, LA 2015, 'Hiding in Plain Sight: Au Pairs in Australia' in Cox, R (ed), Sisters or Servants? Au Pairs' Lives in Global Context, Palgrave Macmillan, London, pp. 187-202.
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Biber, K 2015, '"Open secrets, open justice"' in Martin, G, Scott Bray, R & Kumar, M (eds), Secrecy, Law and Society, Routledge, Abingdon, pp. 234-250.
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This edited collection constitutes both a timely and critical intervention into secrecy debates, as they stretch across the various fields of law, politics and social inquiry.
Biber, K 2015, 'The rules of evidence' in Andrew, B & Dyer, K (eds), Evidence (exhibition catalogue), Museum of Applied Arts and Sciences Media, Ultimo NSW, pp. 26-35.
Booth, T 2015, 'Victim impact statements, sentencing and contemporary standards of fairness in the courtroom' in Wilson, D & Ross, S (eds), Crime, Victims and Policy International Contexts, Local Experiences, Palgrave Macmillan, UK, pp. 161-183.
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Crime, Victims and Policy brings together the work of leading international scholars to examine how the experience of victims of crime, and the formulation of policies and theory that impact upon them, are translated and experienced within ...
Crofts, P 2015, 'Criminal Responsibility and Popular Culture: The Walking Dead' in Crofts, T & Loughnan, A (eds), Criminalisation and Criminal Responsibility in Australia, Oxford University Press, South Melbourne, pp. 208-221.
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Despite its longevity, the reach and boundaries of the defence of self-defence has been the subject of much debate and controversy. These debates have been particularly heated in response to Stand Your Ground laws in many of the states in the USA. This chapter explores the implications of the skirmishes around the defence of self-defence in Australia through the prism of medieval law and the horror series The Walking Dead.
Crofts, P & Brents, B 2015, 'Legal Landscapes in 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.
Hitchens, LP 2015, 'Media Diversity Law and Regulation' in International Encyclopedia of Digital Communication and Society, 3 Volume Set, John Wiley & Sons.
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This entry provides an overview of the media diversity concept and examples of some of the policy and regulatory tools adopted to promote media diversity. It considers whether the advent of the digital environment heralds the end of the need for such policies.
Karpin, IA 2015, 'Regulating Reproduction: A Bioethical Approach' in Arras, JD, Fenton, E & Kukla, R (eds), The Routledge Companion to Bioethics, Routledge, New York, pp. 370-380.
Karpin, IA 2015, 'The regulation of PGD for medical sex selection and the gendering of disability in the UK and Australia' in Horsey, K (ed), Revisiting the Regulation of Human Fertilisation and Embryology, Routledge, Abingdon, UK, pp. 185-199.
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Kelly, F. & Millbank, J. 2015, 'Framework and Principles for Decision Making in Childrens Matters' in Fehlberg, Millbank, Kaspiew & Kelly (eds), Australian Family Law The Contemporary Context, Oxford University Press Australia and New Zealand, Sydney, pp. 260-312.
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In this chapter, we examine the application of the legislative framework for the resolution of parenting disputes. In response to dissatisfaction among fathers about the amount of time they were able to spend with their children and strong support for shared parenting among other family law stakeholders, the new legislative framework introduced a presumption of equal shared parental responsibility (a broad term used to describe the ability to engage in major decision making ), which was linked within the legislation to shared parenting time (which involves children living across two households, though not necessarily for equal time). Though
Kong, S & Hawes, C 2015, '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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Millbank, J. 2015, 'The Legal Recognition of Family Relationships' in Fehlberg, B., Kaspiew, R., Millbank, J., Kelly, F. & Behrens, J. (eds), Australian Family Law The Contemporary Context, Oxford University Press, Sydney, pp. 73-128.
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In this chapter we examine the legal recognition of family relationships against a background of diversity in the way people identify and live as families in Australia. We begin by providing an overview of social science material on family diversity in Australia and then go on to examine the contest between approaches for guiding relationship recognition in law. We first look at legal recognition of adult relationships, in particular examining the operation of new provisions in the Family Law Act 1975 (Cth) (FLA), which extended the operation of the Act to cover de facto partner financial (that is, property and maintenance) disputes on relationship breakdown from 1 March 2009. This is followed by an examination of the rules recognising the legal relationship between adults and children, in particular when they are not genetically relatedsuch as in families formed through assisted conception utilising donor gametes or surrogacy or in instances of customary adoption.
Millbank, J., Fehlberg, B., Kaspiew, R. & Kelly, F. 2015, 'Specific Issues in Parenting Disputes' in Fehlberg, Millbank, Kaspiew & Kelly (eds), Australian Family Law The Contemporary Context, Oxford University Press Australia and New Zealand, Sydney, pp. 313-381.
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In this chapter we extend our discussion of the legal framework for the resolution of Family Law Act 1975 ( Cth) (FLA) parenting disputes by considering in greater detail several key issues that regularly arise. Our focus throughout is on how these issues are dealt with in the case law and how approaches have changed over time. We make reference to material establishing the broader policy and research context where this is available, and at various points reflect on how the broader themes of the book are demonstrated in approaches to these issues. We begin by considering recent case law (and court data) in order to provide insight into the circumstances in which the family law courts appear inclined or disinclined towards equal time and substantial and significant time outcomes (broadly, shared care). We then consider: the relevance of parents views regarding their childrens religious upbringing; the significance of a childs Aboriginal/Torres Strait Islander background in assessing what will be in their best interests; the particular issues that people who are seeking parenting orders, but who are not parents, may face in Part VII proceedings; the extent to which parental incapacity arising from mental illness shapes parenting outcomes; and cases that involve changing where the child will live (applications by a parent to relocate with the child, and cases involving international child abduction).
Prior, J & Crofts, P 2015, 'Lesbian, Gay, Bisexual and Trans-sexual: Commercial Sex' in Wright, J (ed), International Encyclopedia of the Social & Behavioral Sciences, Elsevier, pp. 883-887.
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Forms of commercial sex extend beyond prostitution to include a broad range of businesses that produce sexual goods and services; many of these cater to a broader range of sexual predilections, and include Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) consumers among their clientele. This article provides an overview of the shifting attitudes toward and culture of LGBTI commercial sex, and how the placement and access to LGBTI commercial sex within Western jurisdictions cannot be considered a simple response to patterns of supply and demand, but rather as the outcome of complex interactions of moral codes, legal structures, and other forms of regulations.
Ries, N 2015, 'Health Professionals and the Organisation of Healthcare: Current Trends'.
Stoianoff, NP & Guglyuvatyy, E 2015, 'Climate change law and policymaking: the utility of the Delphi method' in Kreiser, L, Andersen, MK, Olsen, BE, Speck, S, Milne, JE & Ashiabor, H (eds), Carbon PricingDesign, Experiences and Issues, Edward Elgar Publishing, UK, pp. 177-190.
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This chapter utilizes a policy evaluation study as an example of the utility of the Delphi method in climate change policymaking. In this study the Delphi method assisted in prioritizing the criteria used in the evaluation. The need for policy evaluation is not only emphasized within environmental research but also policymakers and administrators are more frequently articulating the necessity for environmental policy evaluations. This chapter discusses the Delphi method as a useful instrument in environmental policy research. Based on the findings of the Delphi study conducted to facilitate climate change policies assessment in Australia the authors analyse the strengths and limitations of the method.
Stubbs, J & Wangmann, JM 2015, 'Competing Conceptions of Victims of Domestic Violence within Legal Processes' in Wilson, D & Ross, S (eds), Crime, Victims and Policy: International Contexts, Local Experiences, Palgrave Macmillan, UK, pp. 107-132.
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Stuhmcke, AG 2015, 'Extra-Territoriality and Surrogacy: The Problem of State and Territory Moral Sovereignty' in Gerber, P & O'Byrne, K (eds), Surrogacy, Law and Human Rights, Ashgate Publishing Limited, England, pp. 65-80.
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This book examines the effect on domestic and international law, and on human rights law and theory, of the impact of the sharp increase in the use of surrogacy.
Stuhmcke, AG 2015, 'New wine in old bottles and old wine in new bottles: The judicial response to international commercial surrogacy in the UK and Australia' in Horsey, K (ed), Revisiting the Regulation of Human Fertilisation and Embryology, Routledge, Oxon, pp. 200-215.
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This book critically evaluates the recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose.
Stuhmcke, AG, Olliffe, B & Evers, M 2015, 'Resolution of Student Grievances Within Universities' in Varnham, S, Kamvounias, P & Squelch, J (eds), Higher Education and the Law, Federation Press, Leichhardt, pp. 114-124.
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This book is the first in Australia dedicated to the legal environment of our universities. The law both drives and governs the evolution of Australia’s strong and vibrant system of higher education. Here, experts explore a wide range of areas of topical and salient interest, providing a comprehensive resource for those both within and outside the sector, including managers, governors, academics, legal practitioners and all who have an interest in the impact of the law on its operations.
While their primary function today remains the provision of higher education and research, Australia’s universities are now large commercial global corporations. Their operations involve the management of a diverse range of relationships, both internal and external, and the law plays a central role in these. Higher Education and the Law first considers the legal framework of the higher education sector and the relationships universities have externally, particularly with government – their governance, their funding and accountability, and their maintenance of high standards and quality. It then traverses many of the areas where the law has a significant impact on the relationships universities have with their students and their staff.
In a clear and readable style, the book covers matters from anti-discrimination and equal opportunity, transparency and due process in decision-making, employment and student matters, to property rights such as copyright and ownership of intellectual property. It focuses on those issues of the most practical relevance to today’s higher education environment.
Tian, Y 2015, 'Cloud Computing and Copyright' in Cheung, ASY & Weber, RH (eds), Privacy and Legal Issues in Cloud Computing, Edward Elgar Publishing, Cheltenham, pp. 160-179.
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Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property ...
Tyrrell, J & Varnham, S 2015, 'The Student Voice in University Decision-making' in Varnham, S, Kamvounias, P & Squelch, J (eds), Higher Education and the Law, Federation Press, Sydeny, pp. 30-40.
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van Rijswijk, HM 2015, 'Law and Violence' in Law and Popular Culture in Australia, LexisNexis Butterworths, Chatswood, NSW, Australia.
Varnham, S 2015, 'Student Misconduct and School Responses in Aotearoa New Zealand: Safety and Sensibility' in Russo, C, Oosthuizen, I & Wolhuter, C (eds), Global Interest in Student Behaviour: An Examination of International Best Practices, Rowman & Littlefield Education, Lanham, MD, United States, pp. 29-50.
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A chapter devoted to practices in New Zealand, in the First edition of a global series on student misconduct. Together with chapters from the UK, US, Singapore, South Africa and others
Varnham, S 2015, 'University Governance: Responsibility and Accountability' in Varnham, S, Kamvounias, P & Squelch, J (eds), Higher Education and the Law, Federation Press, Sydney, pp. 16-29.
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Vrdoljak, A 2015, 'Challenges for International Cultural Heritage Law' in Logan, W, Nic Craith, M & Kockel, U (eds), A Companion to Heritage Studies, John Wiley & Sons, UK, pp. 541-556.
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Vrdoljak, A 2015, 'International exchange and trade in cultural objects' in Vadi, V & De Witte, B (eds), Culture and International Economic Law, Routledge, London, pp. 124-142.
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Vrdoljak, A 2015, 'Women, PMSCs and International Law' in Eichler, M (ed), Gender and Private Security in Global Politics, Oxford University Press, New York, pp. 187-207.
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The failure of the law and regulators to adequately keep up with the rapid expansion and diversification in the use of PMSCs has had a significant impact for victims of human rights violations perpetrated by PMSCs and their employees generally, and for women and girls in particular. To explore these developments, this chapter is divided into two parts. Part One focuses on current initiatives at the international level to provide a regulatory framework for PMSCs and which encompass the obligations of states (and international organisations) in respect of international humanitarian law, human rights law and use of force. Part Two outlines the influence of civil society participation (including feminist academics, women’s NGOs and so forth) in breaking the ‘silence’ within international organisations and international law concerning violence against women and girls and its potential influence upon the regulation of PMSCs. Both parts serve to highlight evolving notions of force and violence, accountability and enforcement, and access to justice and reparations within international law today.
Alexander, IJ 2015, 'The Legal Journey of Paterson's Roads', Imago Mundi: the international journal for the history of cartography, vol. 67, no. 1, pp. 12-32.
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In 1771, Daniel Paterson entered into a publishing agreement with the bookseller Thomas Carnan to print and publish a travel itinerary known as Paterson’s Roads. This book was to become the most enduringly popular practical road book of the period. However, Paterson and Carnan were soon embroiled in litigation. This article examines the legal cases that arose when the geographical information contained in Paterson’s Roads was re-used, and improved upon, in a subsequent publication. It explores the background to the cases, focusing on what they reveal about the inner workings of the book and map trade of the period, as well as considering some of the broader historical ramifications. The article also demonstrates that these cases are of ongoing legal significance because they played an important role in developing some of the doctrines and principles of copyright law that continue to be controversial today.
Anthony, T 2015, 'Two Laws: Indigenous Justice Mechanisms in Context', Journal of Australian Indigenous Issues, vol. 18, no. 1, pp. 99-115.
Anthony, T & Crawford, W 2015, 'Indigenous Sentencing Courts: a renewed legislative foundation', Balance: Journal of the Law Society of the Northern Territory, no. 1, pp. 46-54.
Anthony, T & Grant, E 2015, 'Kununurra Courthouse', Australian Design Review.
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Historically, courthouses have been a means of alienating Aboriginal people from their community and place. Designed in partnership with local Indigenous communities, the new Kununurra courthouse reflects the intersection of the justice system with Indigenous worldviews.
Anthony, T, Bartels, L & Hopkins, A 2015, 'Lessons lost in sentencing: Welding individualised justice to Indigenous justice', Melbourne University Law Review, vol. 39, no. 1, pp. 47-76.
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Beaupert, F & Steele, L 2015, 'Questioning law’s capacity', Alternative Law Journal, vol. 40, no. 3, pp. 161-165.
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The past ten years have witnessed an increased
public awareness of the marginalisation and
discrimination experienced by people with
disability in the Australian legal system, and an
associated proliferation of law reform reports on
disability law.' A particular focus has been legal schemes
applicable to people with disability found lacking
legal capacity. A recent example is the 2014 report
of the Australian Law Reform Commission ('ALRC')
in its inquiry into equality, capacity and disability in
Commonwealth laws.2 Running parallel to these
domestic law reform recommendations, the Convention
on the Rights of Persons with Disabilities' ('CRPD') has
brought about paradigm shifts in legal understandings
of disability and the appropriate treatment of people
with disability. In particular, Article 12 establishes that
people with disability are entitled to legal capacity and
places obligations on States Parties to repeal laws that
deny legal capacity. Legal capacity has been recast as an
international human rights issue, central to recognising
the equality of people with disability under domestic
legal systems.
Bringing these two trajectories in disability law
together, in this article we consider how the ALRC's
recommendations fare by reference to the human
rights advancements reflected in the CRPD, and in
particular the approach to capacity. The article argues
that the ALRC's recommendations do not go far
enough in recognising the right to legal capacity, in
particular due to a lack of clarity about how a shift to
supported decision-making may be implemented and
a failure to explicitly address the problematic role of
mental capacity and how it may continue to inform
the implementation of any new laws developed. It
also considers the need for policy and cultural change
to ensure that any new laws developed are not
implemented in a manner that contravenes the CRPD
Bennett, B & Carney, T 2015, 'Planning for Pandemics: Lessons From the Past Decade', JOURNAL OF BIOETHICAL INQUIRY, vol. 12, no. 3, pp. 419-428.
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Bowley, RN 2015, '‘Federal Court declares multiple contraventions of fundraising and financial services laws in scheme targeting SMSF investors: ASIC v ActiveSuper [2015] FCA 342’', Butterworths Corporation Law Bulletin, vol. 2015, no. 24, pp. 6-10.
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Burridge, N, Chodkiewcz, A, Payne, AM, Oguro, S, Varnham, S & Buchanan, J 2015, 'Human Rights Education in the Australian School Curriculum', Human Rights Education in Asia-Pacific, vol. 5, pp. 167-202.
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Australian education systems, at state and federal levels, have been undergoing major reforms to their governance structures and to the nature of their curriculum. At the same time over the last decade there has been a national conversation about our knowledge and understanding of human rights (NHRCC 2009). In this context, it is an opportune time to review the place of education for and about human rights within the school curriculum. The study reported on in this paper outlines and examines the findings of a nationwide investigation into the capacity of each state and territory school education system and their individual curricula to provide opportunities to educate and motivate school students about human rights. It also engages in a discussion of the curriculum reforms being introduced as a result of the national Australian curriculum framework and the extent to which it caters for human rights perspectives.
Our data derive from four main sources: a review of the literature; input from roundtable discussions with participants involved in the advocacy for and the delivery of, human rights education in schools; analysis of curriculum and policy documents at the state, territory and national levels; and resources and technologies being used in the teaching of human rights in schools.
Carney, T 2015, 'Searching for workable alternatives to guardianship for vulnerable populations?', Ethics, Medicine and Public Health, vol. 1, no. 1, pp. 113-119.
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© 2015 Elsevier Masson SAS. The right of a person to make their own decisions but be protected from serious harm should cognitive capacity decline poses ethical and practical challenges for the law. The principle of supported decision-making enshrined by the UN Convention on the Rights of Persons with Disabilities 2006 has fuelled the search by law reform bodies for new statutory models or principles capable of better respecting autonomous choice and avoiding undue paternalism in the name of protection of the vulnerable. This paper selectively reviews some law reform models across the spectrum from guardianship and supported decision-making to durable powers of attorney or support. It argues that across these different legal settings there are shifting (and delicate) balance points to be found between competing ethical principles (such as autonomy and protection), adequate accountability and freedom from undue regulation, and "workability" (fidelity of practice to intended objectives).
Carney, T 2015, 'Supporting People with Cognitive Disabilities with Decision-making: Any Australian Law Reform Contributions?', Research and Practice in Intellectual and Developmental Disabilities, vol. 2, no. 1, pp. 6-16.
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Carter, DJ 2015, 'Correcting the record: Australian prosecutions for manslaughter in the medical context', Journal of Law and Medicine, vol. 22, no. 3, p. 588.
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The failure to prosecute Dr Jayant Patel successfully for any of the deaths associated with his time as Director of Surgery at Bundaberg Base Hospital was received in some quarters as an abject failure of the criminal law to deal adequately with significant wrongdoing. The case itself, the multiple public inquiries and the significant expense to pursue, extradite and prosecute Patel, resulting finally in a finding of guilt on a number of minor fraud charges, seems to compound this sense of failure. This article argues otherwise. When placed within the far longer and forgotten history of the prosecution of manslaughter by criminal negligence in the Australian jurisdiction, this story of prosecutorial failure becomes instead wholly consistent with the case law over time. No adequate account of the history of prosecution in the Australian jurisdiction exists for this area of law. To present Patel in context, the article draws upon archival research to provide a significantly extended account of the history of prosecution for manslaughter in the health care context. The extension of the case law is significant, from four known prosecutions, case histories of another 33 inadequately acknowledged prosecutions are presented.
Carter, DJ 2015, 'Records access and management on closure of a medical practice', Medical Journal of Australia, vol. 203, no. 2, pp. 109-110.
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Despite uneven regulation, health practitioners registered with the Australian Health Practitioner Regulation Agency have immediate and continuing obligations to patients when contemplating practice closure. Recent enforcement actions by regulators highlight the importance of knowledge and compliance with requirements relating to record management.
Chandler, E, Slade, D, Pun, J, Espindola, E, Lock, G, Matthiessen, CMIM & Ng, C 2015, 'Communication in Hong Kong Accident and Emergency Departments: The Clinicians' Perspectives', Global Qualitative Nursing Research, pp. 1-11.
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Chia, J, McAdam, J & Purcell, KC 2015, 'Asylum in Australia: "Operation Sovereign Borders" and International Law', Australian Year Book of International Law, vol. 34, pp. 33-64.
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On 18 September 2013, the day the Australian Coalition government was sworn into
office, a new border protection policy took effect. Termed ‘Operation Sovereign
Borders’ (OSB), it is based on the premise that Australia is facing a ‘border
protection crisis’ that ‘requires the discipline and focus of a targeted military
operation’.* 1 As a military-led operation, the government maintains a high degree of
secrecy about its activities, which include intercepting and turning back asylum
seeker boats.
From early 2012 until mid-2013, there was a considerable increase in the number
of asylum seekers seeking to reach Australia by boat — both in terms of total
numbers (over 35,000 between January 2012 and July 2013) and intensity (over
3,000 arrivals per month between March and July 2013). Although these numbers
remained very small in global terms (representing just three to four per cent of total
asylum applications),2 and 88 per cent of them were found to be refugees or
otherwise in need of international protection,3 the unauthorised arrival of asylum
seekers became one of the key political issues in the 2013 federal election. Playing
upon generally poor community understandings about forced migration and common
anxieties about ‘the uninvited’, terrorism, and security, politicians on both sides had
championed increasingly draconian deterrence mechanisms — even when couched
in the ostensibly humanitarian language o f‘saving lives at sea’.4 It was in this context
that OSB was developed.
Crofts, P 2015, 'Communicating the Culpability of Illegal Dumping: Bankstown v Hanna (2014)', Australian Journal of Environmental Law, vol. II, no. 3, pp. 57-76.
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The use of criminal law as a means to prevent harms to the environment is increasingly common. Despite this, environmental offences tend to be seen as not ‘real’ crimes. Research has consistently demonstrated low rates of identification of perpetrators of illegal dumping, low prosecutions and low penalties. Through a close reading of Bankstown v Hanna (2014) this paper analyses not only the criminalisation of illegal dumping by the state through legislation, but the process through which illegal dumping becomes regarded as sufficiently culpable to
justify criminal sanctions, that is, that it is a ‘real’ crime. This paper analyses the process of substantive criminalisation in terms of the formal labelling of illegal dumping as criminal, the imposition of criminal penalties, and a normative account of illegal dumping as sufficiently blameworthy to justify the imposition of criminal penalties. Although the state has formally labelled illegal dumping criminal, this is undermined by the laws, regulation, procedures and enforcement of offences which are a mix of civil and criminal procedures. The history of cases
against Hanna reveals a process of shifting from civil to increasingly serious criminal penalties, communicating not only to the general public but also regulators, courts and the wrongfulness of his behaviour. Hanna (2014) asserts a substantive normative account of illegal dumping as blameworthy, drawing upon narratives of harmful consequences and subjective culpability to emphasise the criminality of Hanna’s actions. These narratives draw upon and are informed by principle that the criminal law should only be used to censure people for substantial wrongdoing. This process has accomplished the substantive criminalisation of illegal dumping, such that legal and non-legal actors now perceive this type of behaviour as sufficiently blameworthy as to justify the application of the serious criminal sanction of imprisonment in response to serious offending.
Crofts, P 2015, 'Monstrous bodily excess in The Exorcist as a supplement to law's accounts of culpability', Griffith Law Review, vol. 24, no. 3, pp. 372-394.
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© 2016 Griffith University The Exorcist is an exemplar of the classic horror film trope of possession in the 1960s–70s. In the film, Regan's gradual possession by the devil is depicted by signs of transformation. This article explores how the criminal law would categorise and respond to a case of possession. How does the criminal law conceptualise out-of-control bodies? And who (if anyone) is to blame for harm done? The film suggests that Regan's transformation takes place through an agency that lies outside Regan's will, upsetting the Cartesian assumptions that underlie both the law and mainstream culture, concerning the division between mind/body and the supremacy of the mind in its regulation of physical states. Bodies out of control are categorised at law as involuntary. The concept of voluntariness is itself transgressive of organising concepts within criminal law, including the oppositional structures of actus reus and mens rea, and offences and defences. Additionally, I highlight the ways in which voluntariness operates at the fissures of structural distinctions of criminal law, including the therapeutic and the punitive, tort and crime, and the structural separation of suffering and wickedness.
Crofts, P 2015, 'The Identic Turn: The Culpability of Accessories and Perpetrators', Law in Context, vol. 33, no. 1, pp. 37-59.
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The key question this article explores is why was Archer’s culpability so difficult to judge. This is more than a legal historical analysis as the questions of culpability raised in Archer’s case continue to be unresolved in contemporary common legal doctrine. This article does not resolve the doubts and queries about the historical and contemporary legal doctrine of complicity, but instead provides an explanation for them through an analysis of Archer’s case.
Crofts, P & van Rijswijk, H 2015, '“What Kept You So Long?”: Bullying’s Gray Zone and The Vampire’s Transgressive Justice in Let the Right One In', Law, Culture and the Humanities, vol. 11, no. 2, pp. 248-269.
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© The Author(s) 2012 School bullying has been recognized only relatively recently by policy-makers, media and the courts as a serious and widespread social problem. But despite this recent notice, there has been no evidence that techniques adopted to stop bullying have led to anything more than modest success, implying that we need to do more work to unpack and theorize the nature of bullying. In this article, we consider a recent vampire narrative as a story about bullying. We offer an interpretation of this story via the theories of Claudia Card and Jacques Derrida, arguing that together this archive provides a more nuanced understanding of the kinds of damage inflicted by bullying than has been provided by realist or sociological accounts. In particular, it illuminates damage to the morality of the victim, to their soul, which is a kind of damage that has previously not been given great attention. It also highlights the ways in which practices of judgment can become very tangled when trying to resolve bullying situations, making these experiences resistant to the achievement of justice.
Dehm, S 2015, 'Framing International Migration', London Review of International Law, vol. 3, no. 1, pp. 133-168.
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Dorsett, SG & McVeigh, S 2015, 'Jurisprudences of Jurisdiction: Matters of Public Authority', Griffith Law Review, vol. 23, no. 4, pp. 569-588.
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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.
Driscoll, DA, Catford, JA, Barney, JN, Hulme, PE, Inderjit, Martin, TG, Pauchard, A, Pyšek, P, Richardson, DM, Riley, S & Visser, V 2015, 'Reply to Proença et al.: Sown biodiverse pastures are not a universal solution to invasion risk', Proceedings of the National Academy of Sciences of the United States of America, vol. 112, no. 14, p. E1696.
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Goldblatt, BA 2015, 'Intersectionality in international anti-discrimination law: addressing poverty in its complexity', Australian Journal of Human Rights, vol. 21, no. 1, pp. 47-70.
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The concept of intersectionality has been progressively incorporated into international antidiscrimination
law. This article considers the nature of this incorporation and the different
understandings of the term and related concepts by United Nations treaty body committees. It
discusses the importance of intersectionality within a substantive equality framework in
challenging poverty that is often complex in nature. This is illustrated with examples from the
field of social security in India, Australia and South Africa as they concern issues of race,
gender, caste and class. The article suggests the need for a clear conception of
intersectionality embedded within a substantive approach to equality and for greater
uniformity of this equality framework across the human rights treaty system.
Gould, K 2015, 'The common law tests of defamatory meaning in the wake of Radio 2UE Sydney v Chesterton', Australian Bar Review, vol. 41, no. 1, pp. 44-78.
Greenleaf, G, Chung, P & Mowbray, A 2015, 'Supporting and influencing data privacy practice: The free access International Privacy Law Library', Computer Law and Security Review, vol. 31, no. 2, pp. 221-233.
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© 2015 Graham Greenleaf, Dr Philip Chung, Andrew Mowbray. Abstract How can legal information institutes (LIIs) providing free online access to legal information, best use their shared resources to assist organisations and individuals involved in data privacy research, complaint resolution and policy development? The International Privacy Law Library (IPLL), located on the World Legal Information Institute (WorldLII) is a resource which attempts to bridge the gap between these two types of organisations. This article explores issues in the development of IPLL, and progress to date in resolving them. We then consider (Part 2) the key problem and our proposed solution to the more general question 'How can LIIs create and maintain subject-oriented resources economically?' WorldLII provides free access, via cooperation between seventeen LIIs, to a considerable amount of the information needed, often buried in very large generic databases of case law, legislation or scholarship. The challenge in building IPLL is to pre-select material potentially relevant to privacy issues to create a high value searchable global collection, but to do so on a low and sustainable budget. The resulting International Privacy Law Library (Part 3) is a combination of two main elements: (i) pre-selected databases, some maintained by active provision of data by DPAs, and some built editorially by the LIIs; and (ii) a set of 'virtual' databases (one each for case law, legislation, scholarship etc) drawn from all other content found on the LIIs. Once these virtual databases are built, they are self-maintaining (updated daily) and expand as relevant new content is added to any collaborating LII. We conclude (Part 4) with an assessment of future development needs and issues, particularly in relation to multi-lingual materials.
Grossi, R 2015, 'Understanding Law and Emotion', EMOTION REVIEW, vol. 7, no. 1, pp. 55-60.
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Guglyuvatyy, E & Stoianoff, NP 2015, 'Applying the Delphi method as a research technique in tax law and policy', Australian Tax Forum: a journal of taxation policy, law and reform, 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 2015, '‘Framing’ Chinese hi-tech firms: A politicaland legal critique', Australian Journal of Corporate Law, vol. 30, no. 1, pp. 34-57.
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Governments in many countries, including the United States, Australia and
Canada, have been highly suspicious of the political motives of Chinese
business firms seeking to invest in resource industries and infrastructure
development overseas. This article uses the case of the Chinese hi-tech
firm, Huawei Technologies, to demonstrate the tendency of the United
States and other governments to frame their analysis based on unreliable or
biased sources and outdated understanding of the Chinese legal and
corporate environment. The inevitable results of such misguided framing will
be schizophrenic foreign policy decisions, increased international tensions,
higher costs for consumers, and retaliation by the Chinese government
against international firms doing business in China.
Hawes, C, Lau, A & Young, A 2015, 'Lifting the Corporate Veil in China: Statutory Vagueness, Shareholder Ignorance, and Case Precedents in a Civil Law System', Journal of Corporate Law Studies, vol. 15, no. 2, pp. 341-376.
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This paper surveys almost 300 court judgments in which shareholders have been sued for corporate debts under Article 20 of the PRC Company Law. The frequency of “veil lifting” can indicate how much weight is ascribed in China to fundamental corporate law principles like limited liability and the separate legal identity of the corporation. Our survey finds that shareholders were found liable for corporate debts in over 75% of cases, a significantly higher rate of veil-lifting than in jurisdictions elsewhere in the world. We challenge previous scholars’ explanations of this phenomenon. We also argue that statutory vagueness has led to unfair and inconsistent veil-lifting judgments in a number of cases. The current interpretative system of Supreme People’s Court Regulations and Guiding Cases needs modification to ensure that inconsistencies in adjudication are ironed out in a more timely manner.
Hawes, C, Lau, K-LA & Young, A 2015, 'The Chinese ‘Oppression’ Remedy: Creative Interpretations of Company Law by Chinese Courts', American Journal of Comparative Law, vol. 63, no. 3, pp. 559-600.
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Heino, B 2015, 'Award Regulation and the New South Wales Retail Sector, 1971–88: Crisis and Experimentation amidst Changing Models of Development', Labour History, vol. 109, pp. 75-92.
Heino, B 2015, 'Capitalism, regulation theory and Australian labour law: Towards a new theoretical model', Capital and Class, vol. 39, no. 3, pp. 453-472.
Hobbs, H 2015, 'Finding a fair reflection on the high court of Australia', Alternative Law Journal, vol. 40, pp. 13-17.
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Hobbs, H & Hobbs, H 2015, 'Hybrid Tribunals and the Composition of the Court: In Search of Sociological Legitimacy'.
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Hobbs, H, Boreham, K & Hobbs, H 2015, 'Justice Denied in Cambodia'.
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Johns, F 2015, 'I heard it through the grapevine: what do we know about how lawyers research?', Australian Law Librarian, vol. 23, no. 3 and 4 (combined in single issue), pp. 136-147.
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Early predictions of uncertainty and instability in law resulting from online access to legal research sources - consideration of whether this has occurred - interviews with law librarians - finding that little has changed in recognition of authority in legal research - maintenance of library training roles - study of law as an apprenticeship.
Johnstone, R, Nossar, I & Rawling, MJ 2015, 'Regulating Supply Chains to Protect Road Transport Workers: An Early Assessment of the Road Safety Remuneration Tribunal', Federal Law Review, vol. 43, no. 3, pp. 397-421.
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Joyce, D & Simm, G 2015, 'Zero Dark Thirty : international law, film and representation', London Review of International Law, vol. 3, no. 2, pp. 295-318.
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This article explores the relationship between film and international law by reference to the feature film Zero Dark Thirty (2012). The authors examine this film in the context of international law, while also considering related questions of genre, torture, gender and targeted killing.
Karpin, I & O'Connell, K 2015, 'Stigmatising the 'Normal': The Legal Regulation of Behaviour as a Disability', University of New South Wales Law Journal, vol. 38, no. 4, pp. 1461-1483.
Lambert, H 2015, 'COMPARATIVE PERSPECTIVES ON ARBITRARY DEPRIVATION OF NATIONALITY AND REFUGEE STATUS', INTERNATIONAL & COMPARATIVE LAW QUARTERLY, vol. 64, no. 1, pp. 1-37.
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Landrigan, M 2015, 'The Constitutionality Of Draft Legislation Banning The Wearing Of Face Veils And Similar Clothing', Public Law Review, vol. 26, no. 2, pp. 77-82.
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Leary, D 2015, '8. International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 26, pp. 589-592.
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Leary, DK 2015, 'The IMO Mandatory International Code of Safety for Ships: Charting a sustainable course for shipping in the Polar Regions?', Yearbook of Polar Law Online, vol. 7, pp. 426-447.
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Many Asian states such as China are increasingly engaged in maritime activties in the polar regions. The International Maritime Organisation (IMO) has developed a mandatory international code of safety for certain types of ships operating in polar waters (the Polar Code) which applies to vessels of Asian and non-Asian states alike. The Polar Code covers a wide range of issues including ship design and construction, equipment, operation, crew training, search and rescue and environmental protection relating to ships operating in the polar regions. This article examines the Polar Code, which will be implemented via amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). It considers the extent to which the Polar Code lays the foundations for a sustainable future for shipping in the polar regions.
Leary, DK 2015, 'The Synthetic Biology Revolution: Mapping a Future Research Agenda', The University of Tasmania Law Review, vol. 34, no. 1, pp. 110-127.
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Synthetic biology represents a startling and perhaps revolutionary
development in the biosciences with significant implications for the
future of biotechnology and its interface with international environmental
law. This article identifies the challenges the synthetic biology revolution
poses for international environmental law and sets out key research
questions for the future. The note opens by first examining how synthetic
biology differs from GMO's and provides a brief insight into the current
scale of research and development relating to synthetic biology and the '
focus of its recent developments. Beyond that the article then goes on to
highlight some of the key environmental risks associated with this
revolutionary technology. The note examines the ongoing debates
surrounding synthetic biology in the forums associated with the 1992 United Nations Convention on Biblogical Diversity. Finally, the note
concludes willI a brief comment on the need for responses shaped under
international environmental law to also be linked to developments in
other areas of law especially laws dealing with weapons proliferation and
terrorism.
Lenta, P 2015, 'The Lex Talionis, the Purgative Rationale, and the Death Penalty', Criminal Justice Ethics, vol. 34, pp. 42-63.
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Li, G 2015, 'Regulating over-the-top services in Australia - from universal service obligation scheme to OTT regulation', International Journal of Private Law, vol. 8, no. 1, pp. 30-39.
Li, G 2015, 'Things to learn and things to abandon: A comparative study of the communications consumer redress scheme in Australia, Japan and Korea', Australian Journal of Telecommunications and the Digital Economy, vol. 3, no. 2, pp. 47-69.
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This article compares the telecommunications consumer dispute resolution scheme in Australia, Japan and Korea based on the telecommunications consumer policy principles developed by the Organisation for Economic Co-operation and Development (OECD) in 2011 and the guidelines and recommendations developed by the International Telecommunications Union (ITU) in 2013. This article concludes that the Australian consumer dispute resolution scheme (the Telecommunications Industry Ombudsman scheme) appears to be the best practice among these three jurisdictions studied, followed by the consumer scheme in Korea. Both the current Japanese scheme and the proposed new scheme in Japan appear to be less appropriate due to the foreseeable inadequate accessibility and insufficient consumer redress authority created under the scheme. Nonetheless, much experience and exceptional practices can all be shared and learned by the regulatory decisionmakers in all three countries.
Libesman, T & McGlade, H 2015, 'Redress in response to institutional sexual abuse of indigenous children', Indigenous Law Bulletin, vol. 8, no. 17, pp. 34-37.
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In January 2015, the Royal Commission into Institutional Responses to Child Sexual Abuse ('the Commission') published a consultation paper entitled Redress and Civil Litigation.1 In this article, we address four issues relevant to the specific concerns of Indigenous survivors of institutional abuse which we believe are not adequately covered in the consultation paper.
Light, E, Kerridge, I, Robertson, M, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, G, O'Connor, N & Ryan, C 2015, 'Involuntary psychiatric treatment in the community: general practitioners and the implementation of community treatment orders', AUSTRALIAN FAMILY PHYSICIAN, vol. 44, no. 7, pp. 485-489.
Light, E, Robertson, M, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, G, O'Connor, N, Ryan, CJ & Kerridge, I 2015, 'The Many Faces of Risk: A Qualitative Study of Risk in Outpatient Involuntary Treatment', PSYCHIATRIC SERVICES, vol. 66, no. 6, pp. 649-652.
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Lindsay, DF 2015, 'A privacy tort for Australia? A critical appreciation of the ALRC report on serious invasions of privacy', Privacy Law Bulletin, vol. 12, no. 1&2, pp. 8-11.
Luker, T 2015, '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.
Manderson, D & van Rijswijk, H 2015, 'Introduction to Littoral Readings: Representations of Land and Sea in Law, Literature, and Geography', Law & Literature, vol. 27, no. 2, pp. 167-177.
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Millbank, J 2015, 'Responsive Regulation of Cross Border Assisted Reproduction', Journal of Law and Medicine, vol. 22, no. 3, pp. 346-364.
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My question in this paper is: how might Australian regulators constructively respond to the dynamic and complex challenges posed by cross border assisted reproduction? To begin I summarise the available international scholarship and outline what little we know about Australian cross border reproductive travel. Of the three generally proposed responses to CBRC: prohibition, harm minimisation and harmonisation, I summarily reject the first approach, and instead discuss a mixture of the latter two. The paper proposes the beginnings of an immediate policy response aimed not at stopping cross border practices per se, but rather at understanding and reducing the risks associated with them, as well as flagging the pursuit of more ambitious meta-goals such as developing more equitable and accessible treatment frameworks for ART and encouraging domestic self-sufficiency in reproduction.
Millbank, J 2015, 'Rethinking "Commercial" Surrogacy in Australia', Journal of Bioethical Inquiry, vol. 12, no. 2, pp. 477-490.
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This article proposes reconsideration of laws prohibiting paid surrogacy in Australia in light of increasing transnational commercial surrogacy. The social science evidence base concerning domestic surrogacy in developed economies demonstrates that payment alone cannot be used to differentiate `good surrogacy arrangements from `bad ones. Compensated domestic surrogacy and the introduction of professional intermediaries and mechanisms such as advertising are proposed as a feasible harm minimisation approach. I contend that Australia can learn from commercial surrogacy practices elsewhere, without replicating them.
Nossar, I, Johnstone, R, Macklin, A & Rawling, M 2015, 'Protective legal regulation for home-based workers in Australian textile, clothing and footwear supply chains', Journal of Industrial Relations, vol. 57, no. 4, pp. 585-603.
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Supply chain outsourcing has posed problems for conventional labour regulation, which
focuses on employers contracting directly with workers, particularly employees. These
difficulties have been exacerbated by the traditional trifurcated approach to regulation
of pay and conditions, work health and safety and workers’ compensation. This paper
analyses the parallel interaction of two legal developments within the Australian textile,
clothing and footwear industry. The first is mandatory contractual tracking mechanisms
within state and federal labour laws and the second is the duties imposed by the
harmonised Work Health and Safety Acts. Their combined effect has created an innovative,
fully enforceable and integrated regulatory framework for the textile, clothing and
footwear industry and, it is argued, other supply chains in different industry contexts.
This paper highlights how regulatory solutions can address adverse issues for workers
at the bottom of contractual networks, such as fissured workplaces and capital fragmentation, by enabling regulators to harness the commercial power of business
controllers at the apex to ensure compliance throughout the entire chain.
Oguro, S, Varnham, S & Payne, AM 2015, 'Integrating Human Rights Education in Schools: legislation, curriculum and practice', International Journal of Law and Education, vol. 20, no. 1, pp. 5-19.
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Given the increasing focus internationally on human rights education in the past two decades, this article examines recent developments in both human rights legislation and education in Australia. Despite opportunities to effectively integrate human rights education into school programs provided by a new Human Rights Framework and National Curriculum, there have been only limited outcomes to date for human rights education. Failure to systemically integrate human rights principles, topics and practices into school curriculum has resulted in a missed opportunity to create a human rights culture and improve understandings of human rights for Australian students.
Opeskin, B 2015, 'Models of Judicial Tenure: Reconsidering Life Limits, Age Limits and Term Limits for Judges', Oxford Journal of Legal Studies, vol. 35, pp. 627-663.
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Opeskin, B & Jayasuria, R 2015, 'The Migration of Women Domestic Workers from Sri Lanka: Protecting the Rights of Children Left Behind', Cornell International Law Journal, vol. 48, pp. 581-638.
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Remittances that flow from low-skilled labor migration are critical to
many developing countries, yet these economic benefits can come at a high
price. Roughly half of all migrant workers are women, many of whom are
mothers who migrate without their families to perform domestic work
abroad. This Article examines the impact of the large-scale migration of
women from the Global South on the rights and well-being of the “children
left behind.” Sri Lanka is used as a case study because it is numerically
significant in its own right (one million Sri Lankan children are directly
affected by this migration phenomenon) and provides insights into the
challenges posed by these labor migration streams. The possible harms
experienced by children left behind include disruption to family relations,
diversion from education as children are pressured into domestic roles formerly
discharged by the absent parent, psychosocial effects of loneliness
and abandonment, and heightened risk of child labor or abuse from alternative
carers. This Article analyzes how legal and regulatory frameworks
can be leveraged to support the children left behind and minimize their
exposure to potential harms. International law provides a dense network
of norms that speak to the protection of children left behind, but the system
often fails to achieve this goal because of the unwillingness of States to
ratify relevant treaties or to implement them when they have been ratified.
On the other hand, several domestic laws, policies, and practices offer
examples of best practices that address key concerns. Some of these practices
are directed to sending States, and others to receiving States, but most
aim to improve the prospects of communication, visitation, or permanent
reunion that allow children to maintain familial ties that are so essential to
their healthy development, despite the migration of their family members
Prior, J & Crofts, P 2015, 'Is Your House a Brothel? Prostitution Policy, Provision of Sex Services from Home, and the Maintenance of Respectable Domesticity', Social Policy and Society, vol. 14, no. 1, pp. 125-134.
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Policy debates on commercial sex services provide increasingly complex insights into work on the street and in large commercial sex premises, yet remain largely silent on the contribution of the domestic realm to commercial sex, despite estimates that it accounts for a significant proportion of all commercial sex transactions. Policies that affect home-based sex work are ambiguous and at times contradictory, veering from the promotion of working from home to anxieties about the assumed offensiveness of sex work. These policies have been often developed without direct consideration of home-based sex work and in the absence of evidence. Remedying this silence, this article analyses policy development for, and the experiences of, home-based sex workers in New South Wales (NSW), Australia. The article concludes that working from home provides sex workers with opportunities for autonomy and wellbeing that are not available in other sex service environments, with minimal amenity impacts to the community.
Quinlan, M, Bohle, P & Rawlings-Way, O 2015, 'Health and safety of homecare workers engaged by temporary employment agencies', JOURNAL OF INDUSTRIAL RELATIONS, vol. 57, no. 1, pp. 94-114.
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Rawling, M 2015, 'Legislative regulation of global value chains to protect workers: A preliminary assessment', The Economic and Labour Relations Review, vol. 26, no. 4, pp. 660-677.
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Rawling, MJ 2015, 'Regulating Precarious Work in Australia', Alternative Law Journal, vol. 40, no. 4, pp. 252-257.
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Today millions of Australian workers are engaged in precarious work. As yet there has not been an adequate federal government response but a recent report commissioned by the Australian Council of Trade Unions (ACTU) indicates that the ACTU sees precarious work as a central issue. This article considers policy options to adequately regulate precarious work recently discussed by the ACTU and an ACTU commissioned report. The article argues that an innovative and coherent set of measures to address the root causes of precarious work and those with the potential to be popular with Australian workers should be pursued
Riley, S 2015, 'Developing an Animal Law Case Book: Knowledge Transfer and Service Learning from Student-Generated Materials', Legal Education Review, vol. 25, no. No 1 & 2, pp. 251-270.
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This article discusses the development of an animal law case book, as part of an elective subject, “Animal Law and Policy in Australia”, taught at the University of Technology Sydney (UTS). The Animal Law Case Book Project (the CB Project) provides an example of an innovation in learning and teaching, demonstrating how practice-oriented learning in an emerging area of legal scholarship can also make a valuable contribution to the field of study.
The CB Project was initially funded in 2013 by a Vice-Chancellor’s Learning Grant at UTS and then extended by a Voiceless Grant in 2015. The project had three aims: first, to provide students with a meaningful learning experience that was consistent with the UTS Model of Learning (UTS Model), as well as Learning 2014 (now Learning. Futures) and the graduate attributes established by the Faculty of Law; second, to make a specific contribution to animal law in Australia; and third, to enable students to make a contribution to the community of practice in animal protection. The practice-oriented approach to learning emphasised by the UTS Model readily lends itself to learning that also encompasses community service. Although the scope of activities that come under the umbrella of service learning and community service is vast, at their core is the aim ‘to demonstrate social responsibility and a commitment to the common good’, something that is also consistent with graduate attributes that incorporate public service and social justice issues. It is also important to bear in mind that elements of public service and a commitment to the common good do not take the place of student learning; rather, they inform it by placing students at the centre of knowledge creation that answers both a societal and pedagogical need. The CB Project fulfilled these aims by focussing on student-prepared learning materials that could be used beyond the class room to contribute in a meaningful way to the animal protection community.
Riley, S 2015, 'Model Codes for Humane Treatment of Animals:Australian Law and Policy on Lethal Control of Pests', Journal of International Wildlife Law and Policy, vol. 18, pp. 276-288.
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The regulation of ‘invasive’ or ‘pest’ animals presents decision makers with many challenges. These include how to manage species that are instrumental in the decline of native biodiversity, or otherwise conflict with the human use of natural resources. In this context, philosophies of environmental ethics regard the value of animals as an integral component of the decision-making process. This calls into question how regulators appraise competing interests and whether regimes should be shaped by utilitarian notions of welfare or extend to consideration of the life of individual species. The paper uses Australia as a case study, examining sources that include the Model Codes of Practice for the Humane Control of animals such as goats, camels, donkeys and horses (Model Codes). The Model Codes become a locus for acquiescing on the impacts of ‘pest’ animals as well as deciding what welfare considerations are relevant to their eradication. By invoking the risk that invasive or pest species pose, the Model Codes conclude that pest species must be killed, otherwise management goals remain unfulfilled. Killing animals thus becomes an assimilated part of the reality of natural resource management. Yet this approach promotes killing as a first point regulatory response, which does not adequately consider either the long-term effectiveness of culling, or the morality of wholesale killing.
Schofield-Georgeson, E 2015, 'Customs in Common Across the Seven Seas', law&history, vol. 2, no. 1, pp. 202-211.
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Sherwood, J, Lighton, S, Dundas, K, French, T, Link- Gordon, D, Smith, K & Anthony, T 2015, 'WHO ARE THE EXPERTS HERE? Recognition of Aboriginal women and community workers in research and beyond', AlterNative: an international journal of indigenous scholarship, vol. 11, no. 2, pp. 177-191.
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This paper explores how Indigenous- centred methodologies are crucial to the design and conduct of research projects that seek to have meaningful outcomes for Indigenous women and communities. We draw on experiential observations of an advisory group led by Indigenous experts that was part of the Social and Cultural Resilience and Emotional wellbeing of Aboriginal Mothers in prison (SCREAM) research project. From their experience we identify lessons for how Indigenous expertise can be utilized to promote mutually respectful relationships among Indigenous and non- Indigenous researchers, organizations and agencies. We found that the formation of an Indigenous- led advisory group from a project’s inception is a powerful vehicle for informing its purposes, method and dissemination of findings back to Indigenous participants and communities. Our approach has produced a set of data on Indigenous women prisoners that prioritizes, rather than pathologizes, Indigenous standpoints, and recognizes the complex effects of colonization for these women. This paper seeks to convey the research process to inform future research that engages Indigenous participants.
Silink, AJ 2015, 'Can Promissory Estoppel Be An Independent Source of Rights?', The University of Western Australia Law Review, vol. 40, no. 1, pp. 39-71.
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This article addresses persistent uncertainty in relation to the question,
‘Can promissory estoppel be an independent source of rights under
Australian law?’ A split has developed between intermediate courts of
appeals in some jurisdictions on this question. This article considers
the operation of stare decisis in relation to a decision of an
intermediate appellate court that departs from the ratio of the High
Court, and the approach which is likely to be taken by the High Court
to resolving the conflict between the states.
Slade, D, Chandler, E, Pun, J, Lam, M, Matthiessen, CMIM, Williams, G, Espindola, E, Veloso, FOD, Tsui, KL, Tang, SYH & Tang, KS 2015, 'Effective healthcare worker-patient communication in Hong Kong accident and emergency departments', Hong Kong Journal of Emergency Medicine, vol. 22, no. 2, pp. 69-83.
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Smith-Khan, L, Crock, M, McCallum, R & Saul, B 2015, ''Up to now I am suffering': justice, sexual violence and disability amongst refugees in Uganda', International Journal of Migration and Border Studies, vol. 1, no. 4, pp. 348-348.
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Smith-Khan, L, Crock, M, Saul, B & McCallum, R 2015, 'To 'Promote, Protect and Ensure': Overcoming Obstacles to Identifying Disability in Forced Migration', JOURNAL OF REFUGEE STUDIES, vol. 28, no. 1, pp. 38-68.
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Stoianoff, NP & Roy, A 2015, 'Indigenous Knowledge and Culture in Australia — The Case for Sui Generis Legislation', Monash University Law Review, vol. 41, no. 3, pp. 745-784.
Stuhmcke, AG 2015, 'Learning Plagiarism: Law Students Really Must be Special', Journal of the Australasian Law Teachers Association, vol. 8, no. No 1 & 2, pp. 75-94.
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In an earlier volume of this journal I expressed distaste for the growing prevalence of legal educators using rules of citation style to assist in determining whether and when a law student has plagiarised. More particularly, I framed this discussion in terms of a negative view of the
over-use of style guides such as the AGLC, warning of the dangers of promoting citation style over an appreciation of academic integrity and good referencing. Rather, I opined the benefit of promoting a desire in law students to see themselves as part of a discipline of law and the
motivation to see their work as contributing to the growth of that discipline. Here, in this second piece, I will begin from where the first article left off. I will explore the construction of the ‘discipline of law’ as it pertains to legal referencing and citation. I note inconsistencies in
legal citation rules and identify that there is no such construct as a ‘discipline of law’ when it comes to legal referencing and citation (indeed we, as legal educators, are often remiss in not
passing this fact on to our law students). I consequently argue that overemphasis on citation style by legal educators undermines our desire to produce well-rounded and ‘practice ready’ law graduates.
Stuhmcke, AG 2015, 'The regulation of commercial surrogacy: The wrong answers to the wrong questions', Journal of Law and Medicine, vol. 23, no. 2, pp. 333-345.
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The criminal ban on commercial surrogacy across Australian jurisdictions is the result of the conflation and confusion of two flawed assumptions. The first being that the criminalisation of commercial surrogacy will discourage a surrogacy “industry” and the second that commercial surrogacy and altruistic surrogacy are two distinguishable “types” of surrogacy arrangements. This article argues that the criminalisation of commercial surrogacy has resulted in unforeseen and undesirable consequences, removing opportunity for evidence-based law reform. Moreover, analysis of both the approach of Australian courts and the operation of surrogacy legislation suggests that the binary regulatory approach which distinguishes “commercial” from “altruistic” surrogacy is a legal fiction. In summary, this article argues that the current Australian regulation of surrogacy is both blunt and ineffectual, surrogacy is a nuanced and complex practice which requires a regulatory response which is principled, holistic and evidence based.
Townsley, L 2015, 'Returning to presumptions and the erosion of fundamental rights: The Bail Amendment Act 2014 (NSW)', Alternative Law Journal, vol. 40, no. 1, pp. 42-45.
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This article considers the amendments to the
Bail Act 2013 (NSW) which alter the way bail
decisions are made. The Bail Amendment Bill
2014 (NSW) was passed on 17 September 2014 and
the Bail Amendment Act 2014 (NSW) was assented to
on 25 September 2014.1
This article argues that these
amendments represent the perpetuation of punitive bail
policy which, among other things, effectively reintroduces
a scheme of presumptions against bail. It is further argued
that the government’s reaction to a minority of public
opinion coupled with the erosion of the presumption
of innocence and the general right to be at liberty,
demonstrates the recurrence of similar factors which
led to significant and multiple amendments to the Bail
Act 1978 (NSW). The article begins by outlining the
amendments to the Bail Act 1978 which expanded the
list of offences for which there was a presumption against
bail and the circumstances in which these amendments
were made. The enactment of the Bail Act 2013 (NSW)
is then considered with a focus on how the provisions
of this Act simplified the law and restored fundamental
principles in bail decisions. This is followed by a discussion
of the factors which led to the current reforms and
detailed consideration of how the amending Act
reintroduces a scheme of presumptions against bail and
undermines the rights of an accused person
Townsley, L 2015, 'The Bowraville Murders: Were they a coincidence?', Alternative Law Journal, vol. 40, no. 4, pp. 243-246.
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van Rijswijk, HM 2015, 'Encountering Law’s Harm Through Literary Critique: An anti-elegy of Land and Sovereignty', Law and Literature, vol. 27, no. 2, pp. 237-252.
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van Rijswijk, HM 2015, 'Towards a Literary Jurisprudence of Harm: Rewriting the Aboriginal Child in Law's Imaginary of Violence', Canadian Journal of Women and the Law, vol. 27, no. 2, pp. 311-335.
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Varnham, S, Evers, M, Booth, T & Avgoustinos, C 2015, 'Valuing their Voices: Student Participation in Decision Making in Australian Schools', International Journal of Law and Education, vol. 19, no. 2, pp. 1-16.
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Third article from ECRG project
Vogl, AF 2015, '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.
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Vogl, AF & Methven, E 2015, 'We will decide who comes to this country, and how they behave: A critical reading of the asylum seeker code of behaviour', Alternative Law Journal, vol. 40, no. 3, pp. 175-179.
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Wilding, D 2015, 'The Summer 30 Royal Prank Call: Outcomes for Australian Broadcasting Regulation', The Journal of Media Law, vol. 7, no. 1, pp. 92-107.
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The prank call in 2012 by two Sydney radio presenters who tried to speak to the Duchess of Cambridge was followed by the death of nurse Jacintha Saldanha. The prank prompted a long-running investigation by Australia’s broadcasting regulator, the Australian Communications and Media Authority, into the decision to record and broadcast, without consent, conversations with Ms Saldanha and another nurse. In a unanimous decision, the High Court of Australia has held the ACMA did not require a prior decision of a court in order to find the licensee, Today FM, committed an offence under surveillances devices legislation. This has cleared the way for the ACMA to find Today FM breached a condition of its licence. With the investigation report now on the public record and the ACMA contemplating enforcement action, the matter reveals deficiencies in the industry-based codes of practice.