Publications

Booth, T 2016, Accommodating Justice: Victim Impact Statements in the Sentencing Process, 1, Federation Press, Sydney.
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Accommodating Justice explores the complex territory where victim impact statements (VISs), the law and legal institutions intersect with a focus on the requirements of justice, most particularly in the courtroom. And it does so from multiple perspectives: courts, offenders and victims. The book draws from a range of theoretical and doctrinal sources as well as empirical studies from Australia, Canada, the United States and the United Kingdom. An ethnographic study of the performance of VISs in homicide sentencing hearings in the NSW Supreme Court woven through most chapters provides an innovative and evidence-based approach to the issues.

Crofts, P, Crofts, T, Gray, S, Kirchengast, T, Naylor, B & Tudor, S 2016, Waller and Williams Criminal Law Text and Cases, 13, LexisNexis, Australia.

Crofts, P, Crofts, WT, Gray, S, Naylor, BG, Kirchengast, T & Tudor, S 2016, Waller and Williams Criminal Law Text and Cases, 12, LexisNexis Butterworths, Australia.

Goldblatt, BA 2016, Developing the Right to Social Security - A Gender Perspective, Routledge, Oxon, UK.
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The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage.This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women’s work due to globalisation.The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries’ social security programmes - South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.

Sappideen, C, O'Grady, PM, Riley, J & Smith, B 2016, Macken's Law of Employment, Lawbook Company.
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For over 30 years, students, academics and professionals have relied on Macken's Law of Employment as Australia's most respected work in employment law. This 8th edition continues in that tradition.

Vijeyarasa, R 2016, Sex, Slavery and the Trafficked Woman Myths and Misconceptions about Trafficking and its Victims, Routledge, UK.
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Overall, this text provides readers of migration and development, gender studies, women’s rights and international law a comprehensive and multidisciplinary analysis of the concept of trafficking.

Weaver, PM 2016, Banking and Lending Practice, 5th, Thomson Reuters, Sydney.

Alexander, I & Gómez-Arostegui, HT 2016, 'Research Handbook on the History of Copyright Law' in Alexander, I & Gomez-Arostegui, HT (eds), Research Handbook on the History of Copyright Law, Edward Elgar Publishing, Cheltenham, UK, pp. 174-194.
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Richard Sher also considers that an 'overemphasis' on the legal regime of copyright mistakenly treats the history of ... This book is a work of legal history; a work which seeks self-consciously to place the history of law at the centre of its inquiry ...

Andrew, J, Kaidonis, MA & Stoianoff, NP 2016, 'The Shifting Meaning of Sustainability' in Aras, G & Crowther, D (eds), A Handbook of Corporate Governance and Social Responsibility, Gower Publishing Limited, England, pp. 83-90.
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Sustainability, as a concept, gained momentum as international non-government organizations developed the term. The United Nations’ Brundtland Report is credited with first referring to sustainability as having three necessary and coexisting components being, environmental, economic and social sustainability. International accounting professional institutions also responded to this momentum, at first with an in principle adoption of the term. As sustainability reporting accompanied financial reporting, the concepts of business were also imposed on the term. The objective of global equity was surpassed by financial terminology which also prioritized concepts of risks and opportunities to explore market potentials.

Anthony, T 2016, 'Deaths in Custody: 25 years after the royal commission, we've gone backwards' in Watson, J (ed), 50 Standout articles from Australia's top thinkers, Melbourne University Press, Melbourne, pp. 91-94.
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This week marks 25 years since the Royal Commission into Aboriginal Deaths in Custody tabled its national report. With five volumes of research, investigative accounts of 99 deaths in custody, and 339 recommendations, the report was meant to be a blueprint for reducing the disproportionate incarceration of Indigenous Australians and deaths in custody. But a quarter of a century later, the situation is actually worse.

Anthony, T 2016, 'The Limits of Reconciliation in Criminal Sentencing' in Maddison, S, Clark, T & Costa, RD (eds), The Limits of Settler Colonial Reconciliation, Springer Singapore, Singapore, pp. 249-269.
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Indigenous people in Australia are vastly over-represented in police custody and prisons. This paper argues that there is a judicial responsibility to take notice of systemic and prejudicial post-colonial circumstances affecting Indigenous people to reduce imprisonment. This may represent a step on the path to reconciliation in the legal system. By eschewing this reconciliatory gesture, Australian courts are complicit in the over-representation of Indigenous people in prisons. By contrast, Canadian judiciaries and legislatures have taken notice of the systemic disadvantage imposed by the legal system and broader colonial society on First Nations people and have sought to promote non-prison sentences for Aboriginal people. But is it enough for Australian courts to adopt the Canadian approach? This chapter draws on the ideas of Alfred (Response, responsibility and renewal: Canada’s truth and reconciliation journey. Aboriginal Healing Foundation, Ottawa: 179–187, 2009) that reconciliation absolves and entrenches colonial injustice by maintaining the dominance of postcolonial jurisdictions, processes and criminogenic assumptions. Resurgence, restitution and regeneration concepts that Alfred introduces as counterpoints to reconciliation, are essential for breaking down the postcolonial structures that subordinate Indigenous people. In the legal system, measures to privilege Indigenous perspectives and knowledges through Indigenous sentencing courts and Indigenous community pre-sentence reports challenge the whiteness of legal discourse and process. However, they are not a substitute for the resurgence of Indigenous governance and ongoing jurisdictional claims that push the limits of reconciliatory gestures in criminal sentencing.

Anthony, T & Tranter, K 2016, 'Car Crimes and the Cultural Imagination' in Rafter, N & Brown, M (eds), Oxford Research Encyclopedia: Criminology and Criminal Justice, Oxford University Press, UK, pp. 1-26.
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The car and crime become entrenched in the cultural imagination with the widely circulated images of the bullet-hole-ravaged Ford V8 that Bonnie (Parker) and Clyde (Barrow) were in when they were killed by Texan and Louisianan police in 1934. This couple of outlaws (and their gang) had kept newspaper readers enthralled and appalled as they robbed, murdered, and kidnapped throughout the Midwest since 1932. The scope of their activities and their success in evading authorities, along with their crimes, which included many vehicle thefts, were facilitated by the mobility of the car. Before Bonnie and Clyde, car crime in the public consciousness comprised images of the foolish and antisocial behavior of the well-to-do car-owning elite. After Bonnie and Clyde, the famous image of their death car and the celebrity-making image of Bonnie as the archetypical gangster moll with cigar and revolver leaning over a stolen car, linked in the cultural imagination crime and cars as everyday through a visceral mix of bodies, sex, and violence.

In particular, the visceral imaginings of car crime after Bonnie and Clyde separated into four locations. All involved, to certain degree, bodies, sex, and violence, but distinct contexts and meanings can be identified. The first location is the imaging of car crime itself; of risky use of the car—speeding, dangerous driving, racing, drink driving—actions evidenced by carnage on the roads. There have emerged two frames for this location. The first is the serious and deadly context of the usually male driver fueled by “combustion masculinity” taking irresponsible risks with bloody consequences. The second is the humorous, over-the-top risky, subversive, and illegal car-based activities, a frame tapped into by television shows like Top Gear (Klein, 2002–2015) and Bush Mechanics (Batty, 2001) and manifest in the car chase trope. The second location is the c...

Bennett, B & Carney, T 2016, 'Pandemics' in Encyclopedia of Global Bioethics, Springer International Publishing, pp. 2129-2136.
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Carney, T & Bennett, B 2016, 'Governance, Rights and Pandemics' in Ethics and Security Aspects of Infectious Disease Control, Routledge, pp. 201-218.
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Carney, T & Touyz, S 2016, 'Involuntary Treatment and Ethical Considerations' in Encyclopedia of Feeding and Eating Disorders, Springer Singapore, pp. 1-5.
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Chung, PT, Greenleaf, GW & Mowbray, AS 2016, 'Models for a global system for free access to legal information: the WorldLII approach' in Weth, S & van Oostrom, S (eds), Festschrift für Maximilian Herberger, pp. 193-193.

Evers, M & Bourke, J 2016, 'Promoting Law Student and Lawyer Well-Being in Australia and Beyond' in Field, R, Duffy, J & James, C (eds), Promoting Law Student and Lawyer Well-Being in Australia and Beyond, Routledge, Abingdon, UK.
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Research and literature concerning the need for resilience education and wellbeing programs for law students and lawyers is well established. The impact for law schools in responding, has meant, in part, a move away from the entrenched teaching method. The core business of legal education traditionally focused on knowledge within the discipline of law. In more recent times, the development of skills and most recently, the introduction of resilience and wellbeing training, has followed. Legal education leading to admission to practise law includes a final component of practical legal training (PLT). Although the duration of PLT is significantly shorter that academic study, the role of PLT is an important one. It is here that students build on their legal knowledge, skills and values to transition from student to practitioner. This chapter discusses the role of PLT in legal education, with particular reference to resilience and wellbeing programs developed by two PLT providers. The outcomes for graduates and the challenges for PLT providers in relation to training students are also considered.

Gane, C & Huang, RH 2016, 'Legal Education In The Global Context' in Gane, C & Huang, RH (eds), Legal Education in the Global Context, Routledge, Burlington, VT, USA, pp. 99-110.
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Goldblatt, BA 2016, 'The Right to Social Security – Addressing Women’s Poverty and Disadvantage' in Fredman, S & Campbell, M (eds), Social and Economic Rights and Constitutional Law, Edward Elgar, UK.

Guglyuvatyy, E & Stoianoff, NP 2016, 'Carbon Policy in Australia – A Political History' in Stoianoff, NP, Kreiser, L, Butcher, B, Milne, JE & Ashiabor, H (eds), Green Fiscal Reform for a Sustainable Future Reform, Innovation and Renewable Energy, Edward Elgar Publishing, Cheltenham UK, pp. 31-52.
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Australia had actively participated in the 1992 Earth Summit in Rio de Janeiro, endorsing the Summit goals which were formed by the desire for sustainable development. Australia also joined the United Nations Framework Convention on Climate Change and much later signed the Kyoto Protocol enthusiastically supporting greenhouse gas reduction. A range of measures aimed to reduce Australia’s greenhouse gas emissions have been on the agenda at the Federal and State level for the last two decades. Until recently, successive Australian governments have been committed to the introduction of a carbon tax or an emissions trading scheme designed to mitigate climate change. This paper examines the historical progress of Australian climate change policy including the implementation of the present Australian Government’s Direct Action Plan. The article in particular observes several interesting and significant aspects of Australian climate law highlighting governmental approaches and processes leading to the introduction of those laws. The historical perspective is necessary to identify most common features of the climate law implementation procedures and to identify what political factors influence these processes in Australia. Examination of the Australian climate change regime indicates how different actors influence policy proposals to achieve their own goals, rather than to cooperate in a process of generating the best overall legal option. This paper concludes that the development of climate law in Australia required some innovative and responsive law initiatives. However, the practical implementation of various climate change laws had been constantly impacted by various economic and political factors.

Guglyuvatyy, E & Stoianoff, NP 2016, 'Carbon policy in Australia – a political history' in Green Fiscal Reform for a Sustainable Future, Edward Elgar Publishing.
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Halstead, IC, Opeskin, B & Parr, N 2016, 'Demographic Projections of Demand for Criminal Court Services Across New South Wales, Australia' in Swanson, D (ed), The Frontiers of Applied Demography, Springer.

Hohmann, J 2016, 'Opium as an Object of International Law: Doctrines of Sovereignty and Intervention' in Reinish, A, Footer, M & Binder, C (eds), International Law and … : Select Proceedings of the European Society of International Law, Hart Publishing, UK, pp. 277-288.
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The study of international law is highly text-based. Whether as practice, scholarship or pedagogy, the discipline both relies on and produces a wealth of written material. Cases, treaties and volumes of academic writing are the legal sources through which most of us working in international law relate to the subject, and at times we might feel such texts are our major project and output.Yet international law has a rich existence in the world. International law is often developed, conveyed and authorised through objects or images. From the symbolic (the regalia of the head of state), to the mundane (a can of dolphin-safe tuna certified as complying with international trade standards), international legal authority can be found in the objects around us. Similarly, the practice of international law often relies on material objects or images, both as evidence (satellite images, bones of the victims of mass atrocities) and to establish authority (for instance, maps and charts).Drawing on these insights, this paper seeks to investigate two questions. First, what might studying international law through objects reveal? What might objects, rather than texts, tell us about the way international law constructs notions of sovereignty, the way it authorises practices of intervention, or the way it justifies participation in the international community through rights to trade?Second, what might this scholarly undertaking reveal about the objects—as aims or projects—of international law? How do objects reveal, or perhaps mask, these aims, and what does this tell us about the reasons some (physical or material) objects are foregrounded, and others hidden or ignored?In this chapter, I will investigate these questions through one specific material object: opium. Opium, the drug produced from the seed pods of the opium poppy (papaver somniferum), has long been traded between states and peoples.[1] Thus it has long been a subject of states’ international relations...

Kennedy, A 2016, 'Biology, Parentage and Responsibility in Australian Family Law: Accounting for the ‘Vagaries of Nature’' in Taking Responsibility, Law and the Changing Family, Routledge, pp. 177-199.
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Leary, D 2016, 'The Australian Renewable Energy Target scheme: a case study of the impact of uncertainty on a market-based mechanism' in Stoianoff, N, Kreiser, L, Butcher, B, Milne, J & Ashiabor, H (eds), Green Fiscal Reform for a Sustainable Future, Edward Elgar Publishing, United Kingdom, pp. 187-203.
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A wide range of policy options, including a range of market-based mechanisms are available to governments to support the development of renewable energy. These options include provision of investment incentives such as grant programmes, tax measures such as investment and production tax credits, government procurement policies, and guaranteed price systems such as feed-in tariffs. More common mechanisms include various market-based schemes built around obligations to purchase renewable energy, including portfolio standard or quota systems, and a binding renewable energy target. All of these options are present in some form or other in various government responses to climate change and in efforts to promote the development of renewable energy across Australia. By far the most important of these mechanisms has been the Mandatory Renewable Energy Target (MRET) scheme established under the Renewable Energy (Electricity) Act 2000 (Cth). This scheme was originally established to spur investment in renewable energy generation in Australia. This chapter argues that this core policy objective has been undermined by a constant stream of government-sponsored inquiries, reviews and legislative amendments that have created uncertainty and undermined investor confidence in the renewable energy industry. This chapter argues that the Australian experience demonstrates a fundamental lesson that the best way to destroy, or at a minimum undermine, the effectiveness of a market-based mechanism is to create a continual climate of uncertainty through inquiries and reviews and numerous amendments to the scheme.

Libesman, T 2016, 'Contemporary Stolen Generations - Human Rights Breaches Against Canadian First Nation's Children Challenged' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 363-382.

Lindsay, D 2016, 'The ‘right to be forgotten’ by search engines under data privacy law: a legal and policy analysis of theCostejadecision' in Kenyon, AT (ed), Comparative Defamation and Privacy Law, Cambridge University Press, Cambridge, pp. 199-223.
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Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.

Lindsay, DF 2016, 'Domain Name Governance: “Schererazade on Steroids”' in Rothchild, JA (ed), Research Handbook on Electronic Commerce Law, Edward Elgar, Cheltenham UK, pp. 151-176.
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This chapter explains and evaluates the background to current issues in domain name governance. In doing so, it first explains why domain names, and the domain name system (DNS), continue to be significant. The chapter then describes the complex global processes relating to Internet and DNS governance, before introducing and analyzing the multi-stakeholder model (MSM). Following this, the version of the MSM applied by ICANN is illustrated by the processes for introducing a significant number of new top-level domains (“TLDs”), and especially with controversies associated with the applications for the .wine and .vin domains. Finally, the chapter explains and analyzes current issues regarding the future of DNS governance, namely the transition from residual U.S. government supervision of ICANN (known as the IANA transition) and the associated process for developing replacement accountability mechanisms. The chapter concludes with some observations as to why DNS governance is inherently problematical and why debates about Internet governance resist effective resolution. As the chapter maintains, the difficulties in establishing a legitimate DNS governance structure mean that domain name governance will likely remain a site for the generation of competing narratives of legitimacy and governance, and a seemingly perpetual negotiation and re-negotiation of governance structures, for the foreseeable future.

Marchetti, E & Anthony, T 2016, 'Sentencing Indigenous Offenders in Canada, Australia, and New Zealand' in Tonry, M (ed), Oxford Handbooks Online: Criminology and Criminal Justice, Oxford University Press, UK, pp. 1-30.
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Abstract In common law countries that have been colonized, the colonized peoples are overrepresented in criminal justice statistics and in rates of incarceration. Sentencing laws and court processes have, for some time, undergone changes to reduce or address the continuing rise of indigenous over-incarceration. This essay focuses on three colonized common law countries: Canada, Australia, and New Zealand, in examining what legal strategies have been used to transform judicial reasoning and practice to take into account the particular experiences and circumstances of indigenous offenders. Whether these changes have improved the situation in practice is explored in this essay. The essay concludes by examining what role and responsibilities judicial officers should have in administering justice for peoples who have been, and continue to be, dispossessed of their culture, laws, and language by the process of colonization, and suggests directions for future research.

Motha, S & van Rijswijk, HM 2016, 'Introduction: developing a counter-archival sense' in Motha, S & van Rijswijk, H (eds), Law, memory, violence: uncovering the counter-archive, Routledge, London, pp. 1-15.
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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence.This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Motha, S & Van, RH 2016, 'Law, Memory, Violence' in Motha, S & van Rijswijk, H (eds), Law, Memory, Violence: Uncovering the Counter-Archive, Routledge, Abingdon, Oxon, pp. 1-15.
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It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive.

Opeskin, B 2016, 'Judicial Exits: The Tenure of Judges in Three Apex Courts' in Ananian-Welsh, R & Crowe, J (eds), Judicial Independence in Australia: Contemporary Challenges, Future Directions, Federation Press, Australia, pp. 89-105.

Riley, J 2016, 'Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions' in Freedland, M (ed), The Contract of Employment, Oxford University PressOxford, United Kingdom, pp. 273-294.
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Abstract This chapter explores and amplifies the themes of this work by some comparative reflections from Australia, a common-law jurisdiction with roots in English law, but an idiosyncratic history of collective labour market regulation. Australian courts have developed the common law of the employment contract, in response to doctrinal developments in English law and under similar socio-economic conditions, but also within the peculiar context of Australia’s own political and industrial history. In Australia, a well-developed legislatively mandated system of industrial conciliation and arbitration (including unfair dismissal arbitration) administered by industrial tribunals exercising administrative but not judicial power, has given rise to a disjunction between statutory workplace law and the common law of the contract of employment. The common-law courts’ concern to maintain coherence between these separate forms of regulation has led to the maintenance of a strongly traditional form of employment contract law, largely indistinguishable from general commercial contract law.

Riley, J 2016, 'Regulating the engagement of non-employed labour: A view from the Antipodes' in Brodie, D, Busby, N & Zahn, R (eds), The Future Regulation of Work, Palgrave Macmillan UK, London, pp. 61-81.
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Riley, J 2016, 'The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations' in Freedland, M (ed), The Contract of Employment, Oxford University PressOxford, United Kingdom, pp. 321-340.
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Abstract This chapter interrogates the core structural principle of ‘integration’ in the construction of employment contracts. The integration principle is central to the definitional boundary between employment (as a ‘contract of service’) and other contracts for services. In an employment relationship, the worker is under the general control of and/or integrated into the organization of the employer or employing enterprise. The chapter outlines and critically assesses the various tests developed over time, and under evolving social and economic circumstances, to define the boundary between employed and non-employed work relationships, from the early control test, and multifactorial tests, to more a recently articulated ‘economic reality’ test. The chapter considers the problem of ascribing employer responsibilities within triangular contracts for engaging work (labour hire arrangements), and concludes with a discussion of various legal responses to employer strategies to avoid the consequences of finding that their workers are employees.

Riley, J & Weiler, D 2016, 'Modern-Day Gladiators: The Professional Athlete Employment Relationship Under the World Anti-Doping Code' in Haas, U & Healey, D (eds), Doping in Sport and the Law, Hart Publishing Limited, Oregon, pp. 171-188.
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These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport.

Riley, S 2016, 'Prioritising the Environment in Sustainable Development: Lessons from Australian Environmental Impact Assessment' in Mauerhofer, V (ed), Legal Aspects of Sustainable Development, Springer International Publishing, Switzerland, pp. 271-288.
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It is a truism that to be effective, the concept of sustainable development (SD) needs to be functionally operational. Environmental impact assessment (EIA) provides such an opportunity; yet EIA also presents decision-makers with a vast array of competing criteria compelling decision makers to prioritize and make trade-offs. Moreover, legislation provides little guidance on how to prioritize these criteria and still achieve SD. Using the Australian state of New South Wale as a case study, the discussion evaluates the relationship between policy, legislation and the weight given to SD. The topic is important for policy makers, decision-makers, proponents of development and conservationists. The paper draws on two bodies of work: the literature on prioritising and trade-offs in decision-making by authors such as Brownlie and Retief et al; and the paradigms and models of science identified by Cashmore. It proffers a means of curtailing the wide discretion available to decision-makers using civic science, which to be effective, needs to be legislatively-based.

Schofield-Georgeson, E 2016, 'Campaign to save the NSW Custody Notification Service: 'Lifeline' for Indigenous People in Custody' in Finlay, SM, Williams, M, McInerney, M, Sweet, M & Ward, M (eds), JustJustice: Tackling the over-incarceration of Aboriginal and Torres Strait Islander Peoples, Croakey, Sydney.

Steele, LR 2016, 'Diversion of Individuals with Disability from the Criminal Justice System: Control Inside or Outside Criminal Law?' in Reed, A, Ashford, C & Wake, N (eds), Legal Perspectives on State Power: Consent and Control, Cambridge Scholars Publishing, UK, pp. 309-342.

Stoianoff, NP 2016, 'Ensuring a Sustainable Future Through Recognizing and Protecting Indigenous Ecological Knowledge' in Mauerhofer, V (ed), Legal Aspects of Sustainable Development, Springer International Publishing, Switzerland, pp. 109-123.
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This paper sets out the way in which Indigenous ecological knowledge has received increasing recognition as a holistic mechanism through which Australia’s natural resources can be sustainably managed. This increased recognition and consequent utilization needs to take place within a legal framework that acknowledges and respects the customary laws and rules of the Indigenous ecological knowledge holders and provides appropriate benefits back to those knowledge holders. This paper considers the nature of such a legal framework and reports on the research conducted by the author and her research team, through the use of action research and Indigenous research paradigm methodologies, in developing such a legal regime that encapsulates the principles established in the Convention on Biological Diversity 1992, expanded in the Nagoya Protocol to the Convention, and reinforced in the United Nations Declaration on the Rights of Indigenous Peoples 2007. The result was a White Paper espousing a sui generis legal framework of recognition and protection of Indigenous knowledge associated with natural resource management focussed on the Aboriginal Communities of the state of New South Wales in Australia and accordingly reflects the concerns and interests of those communities while incorporating the international law principles described above. This was achieved through an initial comparative analysis of regimes already in existence in other nations, the establishment of a highly skilled and multidisciplinary Working Party representing both Indigenous and non-Indigenous individuals and stakeholders, and finally through Aboriginal Community consultation.

Stoianoff, NP & Kumari, TV 2016, 'Intellectual Property' in Star, S (ed), Australia and India - A Comparative Overview of the Law and Legal Practice, Universal Law Publishing Co. Ltd., India, pp. 235-264.

Vrdoljak, AF 2016, 'Standing and Collective Cultural Rights' in Jakubowski, A (ed), Cultural Rights as Collective Rights, Brill | Nijhoff, Leiden, pp. 272-287.
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The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of the group. The re-emergence of cultural human rights through an emphasis on access to justice exposes a multiplicity of rightholders, often with competing and conflicting interests which courts are increasingly called on to resolve.

Alexander, I, Bond, C, Bowrey, K, Burrell, R, Handler, M, Greenleaf, G, Nicol, D, Nielsen, JL & Weatherall, KG 2016, 'Submission in Response to the Australian Productivity Commission's Inquiry into IP Arrangements Draft Report', UNSW Law Research Paper, no. 2016, pp. 1-39.
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This Submission by nine intellectual property academics responds to the Draft Report in the Inquiry into IP Arrangements published by the Australian Productivity Commission on 29 April 2016 ('Draft Report'). In broad terms, the submission supports many of the goals of, and recommendations of, the Productivity Commission expressed in the Draft Report, but expresses concerns that some recommendations may not achieve the overall goals of the Commission, or reflect misunderstandings of the statutory framework. The submission addresses many of the Commission's draft recommendations concerning copyright, patents, trade marks and geographical indicators, IP and public institutions, and IP's institutional and governance arrangements.

Anthony, T & Grant, E 2016, 'Courthouse Design Principles to Dignify Spaces for Indigenous Users: Preliminary Observations', International Journal for Court Administration, vol. 8, no. 1, pp. 43-59.
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Historically, Australian court architecture layout, design and details are intimately tied to the physical aspects of British imperial institutions. Displaying the visual features of the Empire's institutions has the effect of alienating Indigenous people within courts. This is compounded by design that is oblivious to the needs of Indigenous users and consequently places these users in situations that threaten their privacy, safety and wellbeing. This article contends that architectural design that seeks to accommodate Indigenous cultural and socio-spatial needs brings into sharp relief the barriers and harms otherwise confronting Indigenous people in courts. This article discusses three court complexes designed in collaboration with Indigenous communities to accommodate Indigenous connections to the environment surrounding the courthouse and to enhance access to justice. Indigenous collaborations in the design of the Indigenous-inclusive court complexes at Port Augusta (South Australia), Kalgoorlie and Kununurra (Western Australia) produced spatially distinct courthouses that eschew some historical court design principles and attempt to introduce features relevant to local Indigenous nations. This illustration essay discusses the emergence of Indigenous design principles that may inform courthouse redesign, the application of some of these principles in new courthouse designs and the need for local Indigenous oversight in the design processes. It provides a framework for further research into how Indigenous architectural collaborations in courthouse designs may promote safer and fairer environments for Indigenous court users. It also raises some potential disjuncture between court design and use of court space that may undermine the vision embedded in cultural design principles.

Anthony, T, Bartels, L & Hopkins, A 2016, 'Lessons Lost in Sentencing: Welding Individualised Justice to Indigenous Justice', Melbourne University Law Review, vol. 39, no. 3, pp. 47-76.
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Indigenous offenders are heavily over-represented in the Australian and Canadian criminal justice systems. In the case of R v Gladue, the Supreme Court of Canada held that sentencing judges are to recognise the adverse systemic and background factors that many Aboriginal Canadians face and consider all reasonable alternatives to imprisonment in light of this. In R v Ipeelee, the Court reiterated the need to fully acknowledge the oppressive environment faced by Aboriginal Canadians throughout their lives and the importance of sentencing courts applying appropriate sentencing options. In 2013, the High Court of Australia handed down its decision in Bugmy v The Queen. The Court affirmed that deprivation is a relevant consideration and worthy of mitigation in sentencing. However, the Court refused to accept that judicial notice should be taken of the systemic background of deprivation of many Indigenous offenders. The High Court also fell short of applying the Canadian principle that sentencing should promote restorative sentences for Indigenous offenders, given this oft-present deprivation and their over-representation in prison. In this article, we argue that Bugmy v The Queen represents a missed opportunity by the High Court to grapple with the complex interrelationship between individualised justice and Indigenous circumstances in the sentencing of Indigenous offenders.

Barker, DL 2016, '70 Years of ALTA in the Furtherance of Legal Education in Australasia and of the Work and Interests of University Law Schools', Journal of the Australasian, vol. 9, no. 1.

Barker, DL 2016, 'The Swinging Sixties and Beyond: The Influence of the Second Wave University Law Schools in the Development of Australian Legal Education', Journal of the Australasian Law Teachers Association, vol. 9, no. 1.

Bowley, RN 2016, 'The progressive evolution of Australian insurers' duty of utmost good faith to third party claimants', Insurance Law Journal, vol. 27, no. 3, pp. 194-213.
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Over recent decades, the significance of third parties in the insurance contractual relationship has progressively increased. In Australia, challenges by claimants with entitlements under group life insurance policies providing total and permanent disablement (TPD) benefits, which are commonly arranged by trustees of superannuation funds toprovide benefits to incapacitated members, have been a key driver of this trend. Several cases where third party claimants have successfully challenged the decision-making processes of insurers in declining TPD claims have provided useful clarifications of the nature, extent and limits of Australian insurers' post-contractual duties of utmost good faith. Through a progressive review of the key Australian authorities, this article examines the examples of conduct by insurers that have been held to breach the duty of utmost good faith. It also shows that through recognising the standing of third parties, several of these decisions have provided the impetus for amendments to the Insurance Contracts Act 1984 (Cth), which now recognises that insurers also owe the duty of utmost good faith to third party claimants.

Buonamano, R 2016, 'Kafka and legal critique', Griffith Law Review, vol. 25, no. 4, pp. 581-599.
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Callaghan, S & Ryan, CJ 2016, 'AN EVOLVING REVOLUTION: EVALUATING AUSTRALIA'S COMPLIANCE WITH THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITES IN MENTAL HEALTH LAW', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 39, no. 2, pp. 596-624.

Carney, T, Beaupert, FA, Chiarella, M, Bennett, B, Walton, M, Kelly, P & Satchell, C 2016, 'Health Complaints and Regulatory Reform: Implications for Vulnerable Populations?', Journal of Law and Medicine, vol. 23, no. 3, pp. 650-661.
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© 2016 Thomson Head Office. All rights reserved. Complaints and disciplinary processes play a significant role in health professional regulation. Many countries are transitioning from models of self-regulation to greater external oversight through systems including metaregulation, responsive (risk-based) regulation, and "networked governance". Such systems harness, in differing ways, public, private, professional and non-governmental bodies to exert influence over the conduct of health professionals and services. Interesting literature is emerging regarding complainants' motivations and experiences, the impact of complaints processes on health professionals, and identification of features such as complainant and health professional profiles, types of complaints and outcomes. This article concentrates on studies identifying vulnerable groups and their participation in health care regulatory systems.

Chung, P & Mowbray, A 2016, 'Editorial: Selected papers from the law via the internet conference 2015', Journal of Law, Information and Science, vol. 24, no. 2, pp. v-vi.

Crofts, P 2016, 'Legal irresponsibility and institutional responses to child sex abuse', Law in Context, vol. 34, no. 2, pp. 79-99.
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The current Royal Commission into Institutional Responses to ChildSexual Abuse has demonstrated serious long-term failures to preventand adequately respond to child sexual abuse by institutions. Ratherthan regarding the law as a system of responsibility, this article arguesthat it can be read instead as organising irresponsibility, drawingupon Scott Veitch’s ideas in Law and Irresponsibility. His key argumentis that legal institutions operate as much to deflect responsibilityfor harms suffered as to acknowledge them. This article focuses on theways in which the criminal justice system is complicit in organisingirresponsibility for systemic failures through an analysis of the RoyalCommission Case Study No 6: The responses of a primary school andthe Toowoomba Catholic Education Office to the Conduct of GeraldByrnes. Through concrete examples, this article analyses the ways inwhich criminal law organises irresponsibility through the individuationof responsibility and the emphasis upon subjective culpability.These practices ensure irresponsibility for actors for systemic failures.

Crofts, P 2016, '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 & Prior, J 2016, 'The Proposed Re-introduction of Policing and Crime into the Regulation of Brothels in New South Wales', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 209-226.
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Diane Kirkby & Dmytro Ostapenko 2016, 'Pursuing Trade Union Internationalism: Australia's Waterside Workers and the International Transport Workers Federation, c. 1950–70', Labour History, no. 110, pp. 57-57.
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Diane Kirkby & Sean Scalmer 2016, 'Social Movements, Internationalism and the Cold War: Perspectives on Labour History', Labour History, no. 111, pp. 1-1.
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Historians started talking of the Cold War in the late 1940s.1 English writer George Orwell is generally credited with coining the term in October 1945, though American journalist Walter Lippman’s 1947 book, The Cold War was more important in propagating the concept.2 The term became widely deployed to describe the increasingly open struggle between the USA and its allies in the West and the USSR and its allies in the Eastern Bloc.3 In its heightened military mobilisation, violent propaganda, intense global competition, and battles by proxy, this conflict was a war; in the narrow avoidance of hostilities directly pitting the superpowers against one another, the temperature remained below the heat of an all-out armed conflict. The concept of the “Cold War” captures this unstable combination

Donald, S, Bateman, H, Buckley, R, Liu, K & Nicholls, R 2016, 'Too Connected to Fail: The Regulation of Systemic Risk within Australia's Superannuation System', Journal of Financial Regulation, vol. 2, no. 1, pp. 56-78.
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The funds, entities, and regulators involved in the Australian superannuation industry together comprise a system that is complex and dynamic. The differentiation between roles and the distribution of responsibility amongst entities provides the system with a measure of resilience against the local failure of any one of the entities. However, the interconnections that bind and constitute the system also have the potential to transmit risks within the system, creating the potential for the impact of local failures to amplify through propagation, or in other ways to pose risks to the system as a whole. This article uses a new data set on 200 of Australia's largest superannuation funds to map and assess those links and to identify the challenges those links pose to the scheme of prudential regulation applied to the superannuation system in Australia. It finds that the function of the entity and the legal form of the linkages, both of which are more variegated than typically occurs in banking sector transactions, crucially influences whether, and to what extent, various types of failures might be transmitted across the system. It also finds that we may be materially under-estimating the possibility that local failures in the superannuation system, which are a near certainty given the current regulatory risk appetite, will have a systemic impact. The findings have broad application across pension and institutional investment markets worldwide.

Dorsett, SG 2016, 'Metropolitan theorising: Legal Frameworks, Protectorates and Models for Māori Governance, 1837-1838', law&history, vol. 3, pp. 1-27.
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This article considers the little-known 1838 proposal by Robert Torrens for the establishment of a native government in New Zealand. In so doing, it joins recent literature which seeks to move away from doctrinal or juridical legal history through an exploration of the ways in which legal concepts were used in the first part of the nineteenth century by colonial actors as tools, deployed for political advantage, rather than in strict reliance on them as a particular legal form. In so doing, however, this article also contends that although legal forms were often malleable and could be, and were, deployed in this way, those who relied on them were also bound by Imperial constitutional principles which, while often broad and ambiguous, nevertheless acted as limits on the deployment of these concepts

Evers, M & Ryan, P 2016, 'Exploring eCourt innovations in New South Wales civil courts', Journal of Civil Litigation and Practice, vol. 5, no. 1, pp. 65-76.
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Some New South Wales civil courts have recently introduced electronic filing and online pre-trial appearances. These innovations have different consequences for different users of the civil justice system. Whatever the ostensible benefit, any change to the way our justice system works must enable the purpose for which it exists: access to justice. For practitioners and self-represented litigants who would otherwise travel long distances to attend court, the time and costs savings could be significant. Of course, this intended outcome depends upon the reliability and usability of the technology, as well as the competence of the users. However, for those without these skills or those who do not have access to computers and/or the internet, this change could impede access to justice. It is too early to evaluate the success of this project, but lessons can be drawn from other jurisdictions. This article will explore potential advantages and disadvantages of these changes for self-represented litigants and legal professionals. It will conclude that as technology is disrupting all aspects of our social and commercial arrangements, it is logical that our courts will need to keep up.

Gannon, S, Kligyte, G, McLean, J, Perrier, M, Swan, E, Vanni, I & van Rijswijk, H 2016, 'Uneven Relationalities, Collective Biography, and Sisterly Affect in Neoliberal Universities', Feminist Formations, vol. 27, no. 3, pp. 189-216.
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This article deploys a collective biographical methodology as a political and epistemological intervention in order to explore the emotional and affective politics of academic work for women in neoliberal universities. The managerial practices of contemporary universities tend to elevate disembodied reason over emotion; to repress, commodify, or co-opt emotional and affective labor; to increase individualization and competition among academic workers; and to disregard the relational work that the article suggests is essential for well-being at work. The apparent marginalization of feminist and feminine ways of being, thinking, and feeling in academia is examined through close readings of three narrative vignettes, which are based on memories of the everyday academic spaces of meetings, workshops, and mentoring. These stories explore moments of the breaking of ties among women and between men and women, as well as document how feminist relationalities can bind and exclude. The article suggests that academic ties are both part of the problem and the solution to countering neoliberal policies, and that academic relationships, especially with other women, are often experienced as unrealized spaces of hope. Building on feminist scholarship about race and diversity, the article reflects on how relational practices like collective biography create both inclusions and exclusions. Nevertheless, it suggests that the methodology of collective biography might engender more sustainable and ethical ways of being in academic workplaces because it provides the resources to begin to create a new collective imaginary of academia.

Grossi, R 2016, ''Which Love in Law?: Zenon Bankowski and the Meaning of Love'', Law in context : a socio-legal journal, vol. 34, no. 1, pp. 42-57.
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Zenon Bańkowski has challenged the popular view that law and love are opposites. Instead he has argued that they are 'entangled', 'necessary', and even 'dependent' on each other. Together they form the 'unity' that is required for us to live a lawful life. He argues that to see them as opposites is not only inaccurate, but also constitutes a 'moral and cognitive failure'. If he is right, and we are to see love and law as connected to one another, the question arises of what he means when he talks of love. This inquiry will show that Bańkowski relies on ideas of love that spring from the Classical (eros), the Christian (agape) and the romantic traditions; however I will argue that a conception of love that also fits his argument is friendship love (philia).

Hawes, C & Li, G 2016, 'Transparency and Opaqueness in the Chinese ICT Sector: A Critique of Chinese and International Corporate Governance Norms', Asian Journal of Comparative Law, vol. 12, no. 1, pp. 41-80.
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© National University of Singapore, 2017. This article critiques the current Chinese corporate governance framework and the OECD Principles of Corporate Governance (OECD Principles) on which the Chinese framework is largely based through detailed analysis of public disclosures by four prominent Chinese internet and communications technology (ICT) firms. These include State-controlled firms (China Telecom & China Mobile), mixed ownership (ZTE), and privately-controlled firms (Huawei Technologies). The article argues that neither Chinese nor international corporate governance norms deal adequately with the complex group structures that are so common among large Chinese firms. It also reveals deficiencies in the rules on independent directors, supervisory committees, and Chinese Communist Party committees as they are applied by Chinese ICT firms. The article concludes with reform proposals that would provide more useful information and better protection to outside investors and public stakeholders in the unique Chinese corporate environment.

Houston, LG & Thorpe, D 2016, '‘Game changer? Professional Sport and Dangerous Recreational Activity: Revisiting the ruling in Dodge v Snell’', Australian and New Zealand Sports Law Journal, vol. 11, no. 1, pp. 75-93.

Jacobs, L & Neethling, J 2016, 'The careful business rescue practitioner: a search for the proper yardstick / Die sorgsame ondernemingsreddingspraktisyn: ’n ondersoek na die gepaste maatstaf.', Litnet Akademies (Regte), vol. 13, no. 3, pp. 773-799.
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When the Companies Act 71 of 2008 came into effect on 1 May 2011 it brought about a new era of corporate rescue for South African companies. Chapter 6 of the act provides for a new corporate rescue scheme known as business rescue. Business rescue replaces the previous South African rescue model, judicial management, contained in the Companies Act 61 of 1973.The key role player in the rescue scheme is the business rescue practitioner. The practitioner is afforded extensive powers and rights. He takes control of the management of the company and the duty to rescue the company rests on his shoulders. It is, however, possible for the purposes of chapter 6 to protect the interests of all stakeholders to be frustrated through the incompetence and carelessness of the practitioner.Section 140(3)(b) of the act states that the practitioner has the responsibilities, duties and liabilities of a director of the company for the duration of the rescue proceedings. The responsibilities, duties and liabilities of directors are set out in sections 75, 76 and 77. These sections contain the quasi-codified fiduciary duties of directors as well as the duty of care, skill and diligence and therefore make them applicable to the practitioner.The purpose of this article is to investigate the principles that underpin the test for negligence and the applicability thereof to the practitioner. The conclusion is that the practitioner’s conduct should be measured against that of a reasonable practitioner. This implies that it should be established whether he acted with the same degree of care, skill and diligence that may reasonably be expected of a reasonable practitioner in the same circumstances, having regard also to his personal attributes and qualifications and considering whether this necessitates an even higher standard to be met.At common law it is accepted that a director of a company needs no specific qualifications or even special business acumen to be appointed as...

Jacobs, LM & Smit, DM 2016, 'Ondernemingsredding en werknemers in die Suid- Afrikaanse reg: “Verlore siele” of nie?', Journal for Juridical Science, vol. 41, no. 2.
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Karpin, I 2016, 'Regulatory Responses to the Gendering of Transgenerational Harm', Australian Feminist Studies, vol. 31, no. 88, pp. 139-153.
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© 2016 Informa UK Limited, trading as Taylor & Francis Group. Laws and regulatory guidelines dealing with assisted reproductive technology in Australia and elsewhere typically operate on the principle that the physical and psychological well-being of the person who might be created using the technology must be an active consideration. An ethical/legal problem arises when future persons are protected at the expense of existing persons. This occurs when women, who create and gestate these future persons, are socially, legally and medically positioned as transgenerational vectors of harm, and are subject to pressure to act for the benefit of people who do not yet and may never come to exist. This paper explores the way women are understood, in science and law, as subject to situational and environmental harms as well as constituting a (prenatal) environment for the perpetuation of those harms. Finally, recognising that harm is itself actively gendered, this paper also explores how gendered assumptions are smuggled into legal explanations of disease and its causes and how this might impact regulatory responses.

Karpin, IA 2016, 'Protecting the future well: access to preconception genetic screening and testing and the right not to use it', Griffith Law Review, vol. 25, no. 1, pp. 71-86.
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© 2016 Griffith University. In this article, I assess the ethical and legal implications for a progressive and inclusive approach towards people with disability, of providing publicly funded and universal access to carrier testing and expanded carrier testing. In answering this question I focus on two main concerns namely whether such access (1) involves a neoliberal individualisation of risk and responsibility away from the State and (2) might impinge on the reproductive and other rights of people with disability. With respect to this last question I ask specifically is it possible to provide whole-population preconception genetic carrier screening while legally guaranteeing the reproductive rights to conceive of prospective parents, both women and men, who test positive as a carrier for an inheritable genetic condition?

Kennedy, A 2016, 'FIXED AT BIRTH: MEDICAL AND LEGAL ERASURES OF INTERSEX VARIATIONS', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 39, no. 2, pp. 813-842.

Kirkby, D & Ostapenko, D 2016, 'Pursuing Trade Union Internationalism: Australia’s Waterside Workers and the International Transport Workers Federation, c. 1950–70', Labour History, no. 110, pp. 57-75.
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When the Australian Waterside Workers Federation (WWF) decided in 1971 to join the International Transport Workers Federation (ITF) it overturned decades of antipathy to the ITF. We ask why union officials held this view and why the union now changed its mind at this particular moment. We argue that while union power was strong in the immediate postwar decades, the WWF was able to pursue its economic goals locally and join international actions for reasons of solidarity. In the following decade, however, union archives reveal that a confluence of technological change and diminishing union strength under a conservative government made international organising a logical and necessary strategy. Under the guidance of General Secretary Charlie Fitzgibbon, the WWF overcame its opposition to the ITF, by then an organisation representing millions of workers worldwide. We concentrate on Fitzgibbon’s leadership as a crucial factor in the timing of this historic change.

Kirkby, D & Scalmer, S 2016, 'Social Movements, Internationalism and the Cold War: Perspectives on Labour History', Labour History, no. 111, pp. 1-9.
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Landrigan, M 2016, 'Protests Outside Abortion Clinics - Constitutionally Protected Speech?', Alternative Law Journal, vol. 41, no. 1, pp. 8-12.
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This article reviews the constitutionality of recently enacted Victorian (and comparable Australian) 'safe access zone legislation' insofar as the laws prohibit protests about abortions near clinics. The safe access zone laws prohibit anti-abortion protestors from: harassing people entering or leaving abortion clinics; engaging in other anti-abortion protest activities (in the case of Victoria, where this is reasonably likely to cause distress or anxiety); and recording people entering or leaving abortion clinics. Similar safe access zone laws exist in Tasmania and comparable laws were recently passed in the Australian Capital Territory.

Leary, D 2016, '8. International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 27, pp. 459-462.
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Lenta, P 2016, 'Freedom of Conscience and the Value of Personal Integrity', Ratio Juris, vol. 29, no. 2, pp. 246-263.
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AbstractCertain philosophers have argued in favour of recognising a (moral and legal) right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity (selfhood) and self‐respect are all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience‐based claims.

Libesman, T 2016, 'Foreword: Indigenous children's well-being', Australian Indigenous Law Review, vol. 19, no. 1, pp. 2-4.

Libesman, T 2016, 'Indigenous Child Welfare Post Bringing Them Home: From Aspirations for Self-Determination to Neo-Liberal Assimilation', Australian Indigenous Law Review, vol. 19, no. 1, pp. 46-61.
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Almost 20 years post Bringing then home the contemporary child welfare recommendations from the Stolen Generations Inquiry, which focus on cultural recognition and self determination, even when partially legislated for have not been implemented in practice. This article argues that while there are deep set difficulties with recognition of Indigenous peoples' collective rights within a liberal legal environment, the neoliberal political and social values which have ascended post the National Inquiry are incompatible with, and directly undercut, the human rights framework recommended by Bringing them home.

Light, EM, Robertson, MD, Kerridge, IH, Boyce, P, Carney, T, Rosen, A, Cleary, M, Hunt, GE & O’Connor, N 2016, 'Reconceptualizing involuntary outpatient psychiatric treatment: From “Capacity” to “Capability”', Philosophy, Psychiatry, & Psychology, vol. 23, no. 1, pp. 33-45.
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© 2016 by The Johns Hopkins University Press. Justifying involuntary psychiatric treatment on the basis of a judgment that a person lacks capacity is controversial because there are questions about the meaning and utility of the concept in this context. There are complexities to using capacity in this way, which are further amplified in the community outpatient setting compared with acute inpatient care. A richer account of capacity, its meanings, and practical applications in context, is required. This qualitative study sought to build inductively a model of capacity in the context of involuntary outpatient psychiatric treatment, based on 38 interviews with stakeholders from New South Wales, Australia. The emergent model incorporates multiple “capacities”: to manage illness, for self-care, and to maintain social roles. It identifies core values that correspond with the “capabilities approach,” elaborating the justifications and processes of involuntary outpatient psychiatric treatment. This proposed model of ”capability“ may have a range of benefits to sound and ethical practice and scrutiny of systems of involuntary outpatient treatment.

Luker, T 2016, 'Reading the Archive: Historians as Expert Witnesses', Flinders Law Journal, vol. 18, no. 2, pp. 241-267.
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In a substantial study into the relationship between law and history in Australian jurisprudence, Curthoys, Genovese and Reilly found that when historians appear as expert witnesses in Australian courts, they have often not been well received. While it is acknowledged that historians have particular skills in identifying relevant sources in archives, Australian courts have generally been resistant to the idea that they bring special interpretative skills, because lawyers and judges believe that the hermeneutic processes involved in the interpretation of historical documents is a skill in which they are already well versed.A number of developments have occurred in relation to the role of historians as experts in the decade since this study. For example, the Federal Court of Australia has introduced procedural rules for expert conferences and for the production of concurrent evidence of expert witnesses. In this article, I will discuss the legal reception of expert opinion evidence from historians through an investigation of what has happened in the period since the mid-2000s. This research suggests that the collision that occurred between historians and the law during the 1990s subsequently resulted in an impasse between the disciplines of law and history. Legal counsel are disinclined to call historians as expert witnesses; historians themselves have resiled from the role of witnesses, and have been critical of courts’ failure to recognise the particular value of their skills in reading an archive. The article will report on empirical research conducted into the role of historians as expert witnesses in Australia and will include reference to transnational research conducted in New Zealand and Canada.

Methven, E 2016, ''Weeds of Our Own Making': Language Ideologies, Swearing and the Criminal Law', Law in Context, vol. 34, no. 2, pp. 117-130.
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In adjudicating offensiveness, judicial officers create and apply a number of ‘common sense’ judgments about how language works. These ‘language ideologies’ are rarely informed by, and are often contrary to, empirical research and linguistic literature; they are instead constructed through constant repetition of popular views and questionable assumptions. Through the cases Jolly v The Queen and Heanes v Herangi, this article examines how judicial officers construct realities about swear words in the criminal law. In the first part, I briefly set out the legal doctrine in relation to offensive language crimes. Following this, I draw on critical discourse analysis to critique language ideologies in offensive language cases. I argue that offensive language crimes, as they are currently framed and interpreted, encourage judicial officers to pick and choose from whichever linguistic or ‘folk-linguistic’ ideas they see fit, and enable them to elude the rigorous critiques to which linguists are exposed.

Methven, E & Carter, D 2016, 'Serious Crime Prevention Orders', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 227-238.
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Successive reforms in New South Wales (‘NSW’) have established far-reaching powers to curtail the liberties of those who were once convicted of various serious sexual and violent offences. Now, these powers have been significantly expanded, with the Executive Government asserting the ability to control the free movement, speech, association and work of NSW citizens and businesses via Serious Crime Prevention Orders (‘SCPOs’) under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). This Comment surveys substantive and procedural aspects of SCPOs. We situate the orders as part of a continuing expansion of administrative detention and supervision regimes of a hybrid, quasi-criminal nature. We question whether the powers go too far by increasing the State’s powers to surveil and control a person’s or business’s activities under the justification of preventing crime. We also canvass the possibility that SCPOs will operate in a punitive (not merely preventative) manner.

Millbank, J 2016, 'Reflecting the ‘Human Nature’ of IVF Embryos: Disappearing Women in Ethics, Law, and Fertility Practice', Journal of Law and the Biosciences, vol. 4, no. 1, pp. 70-93.
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Many laws and ethical documents instruct us that disembodied embryos created through IVF processes are not mere tissue; they are ‘widely regarded’ as unique objects of serious moral consideration. Even in jurisdictions which disavow any overt characterization of embryonic personhood, the embryo, by virtue of its uniqueness and orientation toward future development, is said to have a ‘special status’ or command ‘respect’. The woman whose desire for a child or children created this embryo, and who inhabits the body to whom it may one day be returned, is an omission or at best an afterthought in such frameworks. This paper engages in an historical analysis of this conundrum in the Australian context. It argues that the institutional structure of foundational ethics bodies (made up of a mandated mix of scientific and religious representation, in practice dominated by men, and absent any requirement of the participation of women patients) has produced the embryo as an object of ideological compromise: ‘not mere cells’ and ‘not life’, but a poorly bounded and endlessly contested something-in-between. The paper then turns to engage with the narratives of a selection of women patients about their sense of connectedness to their stored or discarded embryos, drawn from a larger study on decision making concerning patient's experience of decision making about IVF embryos. I draw on these narratives to ask how we could reorient law and policy toward the concerns, needs and desires of such women.

Mowbray, AS, Chung, PT & Greenleaf, GW 2016, 'A free access, automated law citator with international scope: the LawCite project', European Journal of Law and Technology, vol. 7, no. 3.

Nicholls, R 2016, 'Spectrum management issues for heterogeneous networks in commons spectrum', info, vol. 18, no. 4, pp. 1-11.
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PurposeThe purpose of this paper is to analyse some of the spectrum management policy implications of an evolving set of wireless technologies. Specially, deployment of heterogeneous networks (HetNets) as part of the rollout of long-term evolution networks and their expected use as the heart of next-generation services raises the question as to whether such networks should lead to any spectrum management policy changes.Design/methodology/approachThe paper describes the use and variety of HetNets when using licensed and unlicensed or commons spectrum.FindingsThe paper demonstrates that there is little need to change current spectrum licensing regimes to deal with these networks in a licensed spectrum. However, it also shows that the deployment of HetNets other than WiFi in an unlicensed spectrum creates an information asymmetry, which means that spectrum regulators will find assessment of spectrum demand more difficult. The paper also highlights the problem facing spectrum regulators when there is a potential for interference to unlicensed services which are widely deployed but have no right to protection from interference.Practical implicationsSpectrum regulators will need to understand the extent to which an unlicensed spectrum is being used by mobile network operators to deliver wireless broadband services. This understanding is needed to be able to address potential interference with other services using an unlicensed spectrum and to be able to forecast spectrum demand.Originality/value

Nicholls, R 2016, 'The Australian Telecommunications Regulatory Environment: An overview', Journal of Telecommunications and the Digital Economy, vol. 4, no. 4, pp. 196-213.
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The Australian telecommunications regulatory environment has moved from the tentative deregulation of a managed fixed line duopoly to full deregulation and back to a state-owned enterprise being the monopoly wholesale provider of fixed broadband services. At the same time, the more lightly regulated mobile sector has continued to grow.This article provides an overview of the legal and regulatory regime for telecommunications and related services in Australia by charting the changes in regulation over this period and by indicating some of the changes that are evolving. The work is intended to provide a platform for comparison between regulatory regimes in different jurisdictions and as the basis for further analysis of the sector.

Nicol, D, Bubela, T, Chalmers, D, Charbonneau, J, Critchley, C, Dickinson, J, Fleming, J, Hewitt, AW, Kaye, J, Liddicoat, J, McWhirter, R, Otlowski, M, Ries, NM, Skene, L, Stewart, C, Wagner, J & Zeps, N 2016, 'Precision medicine: drowning in a regulatory soup?', Journal of Law and the Biosciences, vol. 3, no. 2, pp. 281-303.
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Oakley, J & Opeskin, B 2016, 'Banter from the Bench: The Use of Humour in the Exercise of Judicial Functions', Australian Bar Review, vol. 42, pp. 1-25.

O'Connell, K 2016, 'Unequal Brains: Disability Discrimination Laws and Children with Challenging Behaviour', Medical Law Review, vol. 24, no. 1, pp. 76-98.
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Prior, J & Crofts, P 2016, 'Shooting up illicit drugs with God and the State: the legal-spatial constitution of Sydney's Medically Supervised Injecting Centre as a sanctuary', GEOGRAPHICAL RESEARCH, vol. 54, no. 3, pp. 313-323.
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© 2015 Institute of Australian Geographers In 1999, the Uniting Church opened a Medically Supervised Injecting Centre (MSIC) at the Wayside Chapel in the inner Sydney suburb of Kings Cross. The Uniting Church justified this overt act of civil disobedience against the State's prohibitionist model of drug usage by invoking the ancient right of sanctuary. This invocation sought to produce a specific sort of spatialisation wherein the meaning of the line constituting sanctuary effects a protected ‘inside’ governed by God's word – civitas dei – ‘outside’ the jurisdiction of state power in civitas terrena. Sanctuary claims a territory exempt from other jurisdictions. The modern assertion of sanctuary enacts in physical space the relationship between state and religious authorities and the integration and intersections of civitas terrena and civitas dei. This article draws upon conceptions of sanctuary at the intersection of the Catholic Christianity tradition and the State since medieval times to analyse the contemporary space of sanctuary in the MSIC, exploring the shifting and ambiguous boundaries in material, legislative, and symbolic spaces. We argue that even though the MSIC has now been incorporated into civitas terrena, it remains and enacts a space of sanctuary.

Redmond, PM 2016, 'Corporations and human rights in a globalised economy: Some implications for the discipline of corporate law', Australian Journal of Corporate Law, vol. 31, no. 1, pp. 3-46.
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The argument made here is for a global perspective on corporate law in teaching and research in the wake of globalisation. Economic activity is now global in character. A new governance regime has emerged in response to globalisation’s subversion of state sovereignty, a web of polycentric transnational regulation of business with overlapping bodies of norms — public (international law and domestic corporate law), civil regulation and corporate governance systems — regulating the conduct of enterprises and their business relationships. Two distinct systems of transnational civil regulation are evident, the corporate social responsibility movement and UN initiatives to bring business into the international human rights framework through norms of responsibility to respect human rights. The article examines the tension between the state duty under international law to enable corporate respect for human rights and several core corporate law doctrines that pose obstacles to that responsibility. The article concludes by considering some implications of these developments for lawyers, law students and their professors.

Ries, N 2016, 'Prescribe with Caution: The Response of Canada’s Medical Regulatory Authorities to the Therapeutic Use of Cannabis', McGill Journal of Law and Health, vol. 9, no. 2, pp. 215-254.
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Canada was one of the first countries worldwide to legalize the use of cannabis for therapeutic purposes. The federally regulated cannabis access program has not had the support of medical regulatory authorities, however, and recent changes to federal rules are controversial in imposing responsibility on physicians to prescribe the drug, which is unapproved and illegal outside the medical use laws. This paper analyzes the response of Canada's ten medical regulatory authorities to these legal changes and provides critical commentary on the legal and ethical guidance provided to physicians who treat patients seeking to use cannabis therapeutically. The paper considers the role of doctors as gatekeepers, the profession's concerns about medico-legal risks of cannabis prescription, stigmatization and barriers to care for patients who use cannabis, and the need for research to continue to build the evidence base to inform therapeutic prescription of the drug. The Canadian experience provides lessons for other jurisdictions that are considering liberalizing cannabis use laws.

Ries, N, Douglas, M, Simon, J & Fassbender, K 2016, 'Doctors, Lawyers and Advance Care Planning: Time for Innovation to Work Together to Meet Client Needs', Healthcare Policy | Politiques de Santé, vol. 12, no. 2, pp. 13-18.
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Ries, N, Johnston, B & McCarthy, S 2016, 'Technology-Enabled Legal Service Delivery for Older Adults: What Can Law Learn from TeleHealth? Findings from an International Review of Literature', Elder Law Review, vol. 10, pp. 1-14.

Ries, NM 2016, 'Innovation in Healthcare, Innovation in Law: Does the Law Support Interprofessional Collaboration in Canadian Health Systems?', Osgoode Hall Law Journal, vol. 54, no. 1, pp. 97-124.
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Interprofessional collaboration in health care describes a model of practice in which multiple health professionals work together in a team-based approach to patient care. A growing body of literature demonstrates that interprofessional collaboration advances health care quality and safety, improves patient outcomes and experiences of care, and promotes job satisfaction among health professionals. Governments and health organizations across Canada are working to advance interprofessional health care delivery. This article examines the importance of law in supporting a shift to interprofessional collaboration in Canadian health care and discusses two key aspects of the legal context in which health practitioners work. First, the article discusses trends in the legal regulation of health professions in Canada, including law reform initiatives aimed at promoting collaborative practice and at expanding scopes of practice to break down the historically siloed approach to health care delivery. Second, the article examines civil liability rules that courts apply when allegations of negligence are made against health care providers working in team-based situations. regarding responsibility for patient care and outcomes. The article illustrates how legal innovations, such as new models of health profession regulation and legal adaptability through judicial understanding of the modern context of health service delivery, are important to the advancement of interprofessional collaboration in Canadian health care.

Ries, NM 2016, 'Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions.', J Law Med, vol. 23, no. 4, pp. 887-906.
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In Australia and internationally, advance care planning (ACP) is emphasised as an important means by which individuals can express their wishes for health care during future periods of incapacity. ACP has mainly been promoted in health care settings and very little is said about the role of lawyers, despite the fact that some people are more likely to discuss their health care wishes with a lawyer than with a doctor. This article addresses this significant gap and advocates for collaboration between legal and health professionals to assist clients with advance care and end-of-life planning. It articulates the importance of law and lawyers in ACP and discusses the medical-legal partnership model as a means to increase inter-professional collaboration. It analyses how collaboration can tackle client, practitioner and system-centred barriers and recognise ACP as a preventive legal and health care practice that supports clients’ interests and promotes their autonomy.

Ries, NM, Johnston, B & McCarthy, S 2016, 'LEGAL EDUCATION AND THE AGEING POPULATION: BUILDING STUDENT KNOWLEDGE AND SKILLS THROUGH EXPERIENTIAL LEARNING IN COLLABORATION WITH COMMUNITY ORGANISATIONS', ADELAIDE LAW REVIEW, vol. 37, no. 2, pp. 495-522.

Riley, J 2016, 'The Future of the Common Law in Employment Regulation', INTERNATIONAL JOURNAL OF COMPARATIVE LABOUR LAW AND INDUSTRIAL RELATIONS, vol. 32, no. 1, pp. 33-44.

Ryan, PA & Evers, M 2016, 'As barristers embrace technology, it is a brave new world for their clerks', Australian Bar Review, vol. 42, pp. 350-358.

Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Approaches to management of complaints and notifications about health practitioners in Australia', Australian Health Review, vol. 40, no. 3, pp. 311-311.
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In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions.

Satchell, CS, Walton, M, Kelly, PJ, Chiarella, EM, Pierce, SM, Nagy, MT, Bennett, B & Carney, T 2016, 'Corrigendum to: Approaches to management of complaints and notifications about health practitioners in Australia', Australian Health Review, vol. 40, no. 3, pp. 353-353.
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In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions.

Schofield-Georgeson, E 2016, ''Mad' Edwin Withers and the Struggle for Fair Trial Rights in NSW', Law & History, vol. 3, pp. 78-103.
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Since the 1980s, a number of fair trial rights and civil liberties have been eroded in Australia, particularly in respect to summary justice and police powers. This article traces the 'bottom-up' origins of some of those rights and liberties in colonial New South Wales. It focuses on the activist Edwin Withers and his interactions with the Parramatta magistracy in the mid 1840s. The Withers example enables us to see how some fair trial rights and civil liberties resulted from community-based social activism, which relied upon the legislature and higher court authority to become law. The importance of these rights - for example, the right to counsel, the right to a fair and impartial tribunal and protection against arbitrary detention - is demonstrated by the very fact that they issued from the working and middle classes and are implicated within wider class relationships involving residents of a local community. Using archival research and qualitative analysis, this article has important implications for Australian legal history in relation to the adoption of the Jervis Acts 1848 (UK), some of the first summary procedure legislation enacted within colonial NSW. The article demonstrates how the fair trial rights campaign at Parramatta resulted in amendment to the adopted Acts in the colony.

Seuffert, N & Vogl, A 2016, 'Inequality and Austerity after the Global Financial Crisis: Law, Gender and Sexuality', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 1-7.

Shields, J & Kirkby, D 2016, 'EDITORIAL', Labour History, no. 110, pp. V-VI.
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Silink, A & Stewart, P 2016, 'Tort Law Reform to Improve Access to Compensation for Survivors of Institutional Child Sexual Abuse', University of NSW Law Journal, vol. 39, no. 2, pp. 553-595.

Silink, AJ 2016, 'Causation in equitable estoppel', Australian Bar Review, vol. 43, pp. 320-320.

Simmonds, AP 2016, 'Between Sentiment and Sea: The Meaning of Friendship in the Letters of Matthew Flinders', The Great Circle, vol. 38, no. 2.

Simmonds, AP 2016, 'Gay Lotharios and Innocent Eves: Child Maintenance, Masculinities and the Action for Breach of Promise of Marriage in Colonial Australia', Law in Context, vol. 34, no. 1, pp. 58-75.
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This article will focus upon the action for breach of promise of marriage in colonial Australia to reflect more broadly on the legal regulation of intimacy. Drawing upon a database of 211 breach of promise cases, I seek to explain a contradiction: almost half of the female plaintiffs in my study had illegitimate children, although a lack of virtue operated as a complete defence for (predominantly) male defendants. In spite of this, a vast majority of the women were successful. This paradox is clarified through an examination of the action in contract treatises and through an analysis of the way that the action operated as a supplement to maintenance for women with children. I conclude with a close study of a breach of promise case involving illegitimacy, as a means of examining the informal and formal norms governing love (and its discontents) in colonial Australia

Somes, T & Webb, E 2016, 'What role for real property in combating financial elder abuse through assets for care arrangements?', Canterbury Law Review, vol. 22, pp. 120-152.
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This paper examines a particular type of transaction between older people and their adult children: the ’Assets for Care’ or ’Family Accommodation’ arrangements Its aim is twofold:a. to provide an update of recent legal consideration of this type of transaction and;b. to provide new and novel suggestions from equity and property law that may assist in regulating Assets for Care arrangements.The authors are not under any illusion as to how complex these arrangements can be. Any one scenario - no matter how outwardly simple - can give rise to a number of contentious, and at time competing legal issues. What is clear, however, is that the existing Australian property law regime is inadequate to protect the rights of older persons who enter into property and financial arrangements with family members.

Spiers Williams, M 2016, 'justice reinvestment: the cost benefits of trusting and supporting Indigenous people other than mediate their troubles', Indigenous Law Bulletin, vol. 8, no. 22.

Steele, L 2016, 'Review: Looking for Ashley: Re-reading What the Smith Case Reveals about the Governance of Girls, Mothers and Families in Canada by Rebecca Jaremko Bromwich', Current Issues in Criminal Justice, vol. 28, no. 2, pp. 253-256.
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Steele, L 2016, 'COURT AUTHORISED STERILISATION AND HUMAN RIGHTS: INEQUALITY, DISCRIMINATION AND VIOLENCE AGAINST WOMEN AND GIRLS WITH DISABILITY', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 39, no. 3, pp. 1002-1037.
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Since at least the early 1990s, disability rights advocates have argued for the prohibition of sterilisation of women and girls with disability without their consent (‘non-consensual sterilisation’) except in that small proportion of instances where there is a serious threat to life.1 In part, this argument has been framed in terms of human rights: the act of non-consensual sterilisation (except where there is a serious threat to life) is fundamentally an act of discrimination and violence which violates multiple human rights including the rights to equality and non-discrimination, freedom from torture and personal integrity. In recent years these arguments have been increasingly supported by international human rights bodies which have framed non-consensual sterilisation of women and girls with disability as a violation of human rights and urged states parties, including Australia, to prohibit the practice.

Steele, L & Dowse, L 2016, 'Gender, Disability Rights and Violence Against Medical Bodies', Australian Feminist Studies, vol. 31, no. 88, pp. 187-202.
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© 2016 Informa UK Limited, trading as Taylor & Francis Group. We take as our point of intervention one category of violence which sits outside the forms of violence against women which are both currently prohibited by criminal law and the focus of violence against women campaigns: non-consensual medical interventions (or, as we refer to it, ‘lawful medical violence’). By drawing on critical disability studies, particularly feminist disability theory, we argue that lawful medical violence has been rendered socially and legally permissible because of the medicalisation of disabled women’s bodies and the related pathologisation of their behaviour and life circumstances. These processes sit at the intersection of gender and disability, drawing on gendered social norms of ability and sexuality to construct women with disability as genderless and dehumanised, and in turn depoliticising non-consensual medical interventions in these women’s bodies by reconstituting them as therapeutic and benevolent. In order to recognise and contest lawful medical violence as violence against women, mainstream feminist scholars and activists might consider turning to different legal, institutional and spatial sites of violence and challenging deeply embedded divisions and foundational concepts in law related to mental capacity.

Steele, L, Dowse, L & Trofimovs, J 2016, 'Who is Diverted?: Moving beyond Diagnosed Impairment towards a Social and Political Analysis of Diversion', SYDNEY LAW REVIEW, vol. 38, no. 2, pp. 179-206.
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Diversion from the criminal justice system pursuant to s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is increasingly being deployed as a key response to the issues facing people diagnosed with cognitive impairment and/or mental illness in the criminal justice system. The ‘medical model’ of disability, which is focused on disability as an internal, individual pathology, contributes to the marginalisation of people with disability, notably by providing a legitimate basis for the legal and social regulation of people with disability through therapeutic interventions. The scholarly field of critical disability studies contests the medical model by making apparent the social and political contingency of disability, including the intersection of disability with other dimensions of politicised identity (such as gender and Indigeneity) and the role of law and institutions (including the criminal justice system) in the disablement, marginalisation and criminalisation of people with disability. Applying critical disability studies to s 32 problematises the characterisation of the legal subject with diagnosed impairment and this provides a new basis for questioning the coercion of people with disability through the criminal justice intervention of diversion. An empirical analysis of the diagnostics, demographics and criminal justice pathways of a sample of individuals who have received s 32 orders provides some material foundations for a more politically and socially directed analysis of s 32 and for a broader reflection on the role of the criminal law in issues facing people diagnosed with cognitive impairments and mental illness in the criminal justice system.

Steele, L, Iribarne, M & Carr, R 2016, 'Medical Bodies: Gender, Justice and Medicine', Australian Feminist Studies, vol. 31, no. 88, pp. 117-124.
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Stewart, P 2016, 'Drone Danger: Remedies for Damage by Civilian Remotely Piloted Aircraft to Persons or Property on the Ground in Australia', Torts Law Journal, vol. 23, no. 3, pp. 290-319.
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Civilian use of drones (remotely piloted aircraft: RPA) in Australian skies is increasing at a dramatic rate. While there is a strict regulatory framework in which RPA operate, they have the capacity to cause significant damage to persons or property on the ground. This article evaluates the availability and scope of statutory and common law remedies for such damage demonstrating a complex matrix of potential accountability. Statutory strict liability under damage by aircraft legislation does not apply uniformly to all RPA with the definition of RPA as ‘aircraft’ the crucial determinant. Where the statutory remedy is unavailable, common law causes of action must be relied upon with the statutory safety regulations providing assistance in establishing liability. This article demonstrates that it would be appropriate for legislators to ensure uniform application of the strict liability regime to all RPA and for compulsory identification and insurance of RPA.

Stoianoff, NP & Walpole, M 2016, 'Tax and the Environment: An Evaluation Framework for Tax Policy Reform — Group Delphi Study', Australian Tax Forum, vol. 31(4), no. 4, pp. 693-716.
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This paper reports on the Delphi Study undertaken by the authors in the development of a tax policy analysis framework that can be utilised to evaluate the effectiveness of Environmental Tax Measures (ETMs), building that framework from a critical assessment of the menu of factors advanced as possibilities in the prior literature. The ETMs are more commonly referred to as tax concessions or subsidies and are a form of tax expenditure used by governments to intervene in markets and influence the behaviour of particular taxpayers or industries. Such concessions need to be evaluated to assess their efficiency and effectiveness among other criteria. The Delphi Study was undertaken by bringing together an international group of expert environmental taxation scholars (the Reference Group) to participate in a Roundtable held during the 16th Global Conference on Environmental Taxation at UTS in September 2015. This is a variation on the Group Delphi method. While the Delphi method is traditionally based on anonymity, the Group Delphi assembles the expert panel to take part in a structured communication process using rotating subgroups to address the relevant questionnaire(s) (applying Likert scaling) and open questions, building consensus and defining disagreement by employing plenary discussions between iterations to foster peer review. The Roundtable utilised a single group

Stuhmcke, A 2016, 'Australian Ombudsmen: A Call to Take Care', Federal Law Review, vol. 44, no. 3, pp. 531-556.
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Resolution of disputes in Australia is frequently achieved by ombudsmen. Yet there is no uniform model of an ombudsman. Consequently, across Australian jurisdictions, the development of the institution has been ad hoc and fragmented. What has followed, however, has been the transformation of the institution to apply to new contexts, to the extent that it is questionable in some instances as to whether ‘ombudsman’ remains the appropriate descriptor for the institution. This article explains and critiques these developments, observes that the conditions which have created such change are set to continue and argues that care must be taken to protect citizen trust in the ombudsman brand.

Sutherland, C & Riley, J 2016, 'Major court and tribunal decisions in Australia in 2015', Journal of Industrial Relations, vol. 58, no. 3, pp. 388-401.
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A number of significant Federal Court and Fair Work Commission decisions decided in 2015 reveal the approach that each institution (the court on one hand and an administrative tribunal on the other) has taken to the interpretation and application of important workplace law principles and rules. These include the abiding question of ‘who is an employee’ and therefore covered by workplace laws; how the General Protections in the Fair Work Act should operate; what constitutes ‘fair’ treatment for the purposes of the Commission’s unfair dismissal and workplace bullying jurisdictions; and how flexibly (or technically) the rules for enterprise bargaining should be applied.

Taylor, MP, Forbes, MK, Opeskin, B, Parr, N & Lanphear, BP 2016, 'The Relationship between Atmospheric Lead Emissions and Aggressive Crime: An Ecological Study', Environmental Health: A Global Access Science Source, vol. 15, no. 1, pp. 1-10.
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© 2016 Taylor et al. Background: Many populations have been exposed to environmental lead from paint, petrol, and mining and smelting operations. Lead is toxic to humans and there is emerging evidence linking childhood exposure with later life antisocial behaviors, including delinquency and crime. This study tested the hypothesis that childhood lead exposure in select Australian populations is related to subsequent aggressive criminal behaviors. Methods: We conducted regression analyses at suburb, state and national levels using multiple analytic methods and data sources. At the suburb-level, we examined assault rates as a function of air lead concentrations 15-24 years earlier, reflecting the ubiquitous age-related peak in criminal activity. Mixed model analyses were conducted with and without socio-demographic covariates. The incidence of fraud was compared for discriminant validity. State and national analyses were conducted for convergent validity, utilizing deaths by assault as a function of petrol lead emissions. Results: Suburb-level mixed model analyses showed air lead concentrations accounted for 29.8 % of the variance in assault rates 21 years later, after adjusting for socio-demographic covariates. State level analyses produced comparable results. Lead petrol emissions in the two most populous states accounted for 34.6 and 32.6 % of the variance in death by assault rates 18 years later. Conclusions: The strong positive relationship between childhood lead exposure and subsequent rates of aggressive crime has important implications for public health globally. Measures need to be taken to ameliorate exposure to lead and other environmental contaminants with known neurodevelopmental consequences.

Tian, Y 2016, 'Current Issues of Cross-Border Personal Data Protection in the Context of Cloud Computing and Trans-Pacific Partnership Agreement: Join or Withdraw', Wisconsin International Law Journal, vol. 34, no. 2, pp. 367-408.

van Rijswijk, H 2016, 'Encountering Law's Harm Through Literary Critique: An Anti-Elegy of Land and Sovereignty', Law & Literature, vol. 27, no. 2, pp. 237-252.
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van Rijswijk, H 2016, 'Introducing Complicity into the Australian Imaginary: the Bethcar Case Study in the Royal Commission into Institutional Responses to Child Abuse', AUSTRALIAN HUMANITIES REVIEW, vol. 59, no. 59, pp. 223-246.

van Rijswijk, H 2016, 'Towards a Literary Jurisprudence of Harm: Re-Writing 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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The figure of the “abused Aboriginal child” haunts the Australian legal imaginary in ways that are both poignant and dangerous. This article examines the role this figure has played in assertions of Australian law's violent jurisdictions, in the past and in the present. I examine the narratives that support law's claims to authority and jurisdiction over Aboriginal communities, arguing that practices of representation—narrative, figuration, and what we might more widely think of as “law's imaginary”—need to be interrogated and challenged as an important means of intervening in law's violent jurisdictions. We need to engage in what I term here a literary jurisprudence to intervene in law's claims to authority and jurisdiction that are based on narratives of purported harm to the Aboriginal child. “Haunting” is used to think through the significance of the legal imagination in two ways: first, the ways in which narratives in legal and state archives affect culture and politics and, second, the ways in which law's imaginary—its figures and narratives—affect judicial outcomes, perhaps in ways that function beyond logic. To say that law is haunted by the figure of the abused Aboriginal child is to point to the affective, political, legal, and imaginative afterlife of narratives and figurations that are part of law and that are not ended with each case or legislative regime but that, unresolved, are always living on. I provide a reading of harm in the novels of Alexis Wright, a leading Australian novelist. I argue that Wright's novels can be read together as an exemplary text that counters state law's representational practices and claims. What is needed to resist the use of the child figure as the occasion for further violence, I argue, and what this reading provides, can be described as a “counter-imaginary” to the law. This counter-imaginary rewrites law's narratives and figures, connects that which law has separated, and makes v...

Vogl, A 2016, 'A Matter of Time: Enacting the Exclusion of Onshore Refugee Applicants through the Reform and Acceleration of Refugee Determination Processes', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 137-162.
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State-based processes for determining refugee claims are crucial sites of inclusion or exclusion for onshore refugee applicants. This paper argues that cultures of disbelief and exclusion towards onshore refugee applicants are increasingly being enacted indirectly, via procedural reforms to Refugee Status Determination (RSD), which limit the ability of applicants to establish and articulate their claims. Focusing on Australia and Canada, this paper tracks the acceleration and truncation of RSD procedures, which first reflect and then frequently achieve the exclusion of onshore applicants. Two sets of reforms in particular have profoundly limited the terms on which applicants may present their claims. In Canada, this occurred as the result of a major overhaul of RSD that took place in December 2012. In Australia, the policy of ‘enhanced screening’ of applicants achieves the immediate screening-out of certain claims from the Australian determination system. Alongside analysing these reforms as a means of exclusion, this paper argues that the new procedures most disadvantage applicants making claims on the basis of gender-related persecution.

Wangmann, J 2016, 'Has He Been Violent Before?', Alternative Law Journal, vol. 41, no. 4, pp. 230-234.
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Wangmann, JM 2016, 'Different types of intimate partner violence - What do Family Law decisions reveal?', Australian Journal of Family Law, vol. 30, no. 2, pp. 77-111.
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In recent years the Australian family law system has started to refer to, and use, a growing body of sociological research which argues that intimate partner violence (IPV) is not homogenous, rather it is heterogeneous with key differences in terms of the pattern of violence, the presence of control, and the impact and consequences for the victim. Australia is not the only jurisdiction receptive to this work; interest is also seen in the USA and Canada. Since 2011 the Australian Family Law Courts have specifically referred to this work on typologies in the Family Violence: Best Practice Principles. This article explores the use of typologies by some judicial officers and other professionals working in the family law system. It does so through an analysis of 48 parenting decisions. It examines who perpetrated that violence, the nature of the violence alleged, which legal professional categorised the violence, and the parenting orders that were sought and made in the case. Questions are raised about what the use of typologies adds, if anything, to understandings of IPV in parenting decisions. The article raises a number of concerns about the formal recognition of differentiation within the family law arena (particularly at this point in time).

Wilkinson, GM 2016, 'The Human Rights (Parliamentary Security) Act 2011 (Cth) and the Increasingly Visible Intersections between the Human Right to Health and Intellectual Property in Australia', Intellectual Property Forum, no. 105, pp. 46-54.
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Health and intellectual property intersect in many ways. Patent,trade mark and copyright legislation provide limited monopoliesas incentives for innovation and creation. This can encouragethe development of new pharmaceuticals and diagnostic methods whichaddress disease and illness. However these monopolies can often restrict orprevent public access to those pharmaceuticals or diagnostic methods andthe copyright works that describe and analyse them. These restrictions cannegatively impact on health outcomes for individuals and populations.

Booth, T 1970, 'Using a common law imagination to reconceptualise the sentencing hearing as a restorative event', Socio Legal Studies Association Conference, Lancaster University, UK.
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Increasingly, opportunities are being made available for victims and offenders to engage in restorative justice initiatives at multiple points in the criminal justice process across several common law jurisdictions including the United Kingdom, Australia, New Zealand and Canada. Examples of restorative initiatives at the sentencing point include: deferring the passing of sentence to allow a pre-sentencing restorative event to proceed outside of the courtroom in the UK and the use of circle sentencing for indigenous offenders as occurs in New South Wales. Restorative initiatives that impact directly on mainstream sentencing proceedings however – such as extending the purposes of sentencing to include restoration of the victim or enhancing victims’ entitlements to participate in the courtroom – are regarded as particularly controversial and resisted in many jurisdictions.This paper will explore restorative possibilities in the sentencing hearing and, in particular, Doak’s suggestion that such hearings should be restructured to reflect aspects of the partie civile model and relevant innovations at the International Criminal Court in order to be better responsive to victims’ interests (Doak, 2015). Using Shapland’s conception of the sentencing hearing as a ‘community forum’ that deals with the aftermath of crime (2010) as the frame, the paper will challenge the idea that restoration in mainstream sentencing hearings is well outside the perceived ‘normative boundaries’ of the ordinary legal proceedings. Findings of an ethnographic study of sentencing hearings in New South Wales will be used to highlight restorative possibilities that could contribute to the transformation of the sentencing hearing as a restorative event.

Dorsett, SG 1970, 'Protectors in the Court of the Colonised: Amelioration, Protection and Assimilation in Colonial New Zealand', American Society for Legal History Annual Meeting, Toronto.

Luker, T 1970, 'Reading the Archive: Historians as Expert Witnesses', Research Seminar, Faculty of Law, University of Technology Sydney.

Rawling, M 1970, 'Prevention of Effective Implementation of Supply Chain Regulation: A Road Transport Industry Case Study', Australian Labour Law Association 8th Biennial National Conference, Novotel St Kilda, Melbourne.

Schofield-Georgeson, E 1970, 'Who are the Subjects of Australian Criminal Law: Defining 'Colonised People' in Australian Legal History', Australia & New Zealand Law & History Society Conference, Perth.

Tian, Y 1970, 'Copyright and cloud computing', Training Program for Shanghai publishing executives delegation,, University of Technology Sydney.

Tian, Y 1970, 'Copyright protection in the context of cloud computing and the free-trade agreement', SAPPRFT Chinese Media Delegation, University of Technology Sydney.

Varnham, S, Waite, K, Olliffe, B & Cahill, A 1970, 'Student engagement in university decision-making and governance: How does Australia compare internationally?', Higher Education Research and Development Society of Australasia Annual conference, Fremantle, Australia.

Wangmann, JM 1970, 'Exploring gender differences in persons identified as domestic violence offenders in NSW, Australia', Law Society of Australia and New Zealand Annual Conference, 'Disruption, Temporality, Law: The Future of Law and Society Scholarship', Brisbane, Queensland, Australia.

Berg, LA, Banki, S, Stubbs, M, Duffill, P, Rice, S, Hartley, L, McGaughey, F, Kerdo, P & Orchard, P Office for Teaching and Learning, Cth 2016, Social Justice Exercise Manual.

Berg, LA, Banki, S, Stubbs, M, Rice, S, Duffill, P, Kerdo, P, Hartley, L, Orchard, P & McGaughey, F Office of Teaching and Learning, Cth 2016, Social Justice Case Studies.

Kaine, S & Rawling, MJ 2016, Cleaning Accountability Framework Audit Discussion Paper, pp. 1-16.

Nossar, I & Rawling, MJ 2016, Short Paper on the Australian Safe Rates Approach.

Rawlings, J, Stoianoff, N, McCann, J, Catanaziti, T & Evers, M IP Australia 2016, Submission on behalf of the Intellectual Property Program Educators and Researchers Faculty of Law, University of Technology Sydney to IP Australia regarding Exposure Draft regulations for the Trans-Tasman Patent Attorney Regime., Sydney.

Rawlings, J, Stoianoff, N, McCann, J, Wilkinson, G, Wright, E & Cantanzariti, T The Productivity Commission 2016, 2.N.P. Stoianoff, J. McCann, J. Rawlings, G. Wilkinson, E. Wright, T. Catanzariti, 2016, Submission on behalf of the Intellectual Property Program Educators and Researchers, Faculty of Law UTS to The Productivity Commission regarding Intellectual Property Arrangements Draft Report April 2016, June 2016, 1-24., The Productivity Commission regarding Intellectual Property Arrangements Draft Report, pp. 1-24, Sydney.

Schofield-Georgeson, E 2016, Submission on behalf of the NSWCCL to the NSW Law Reform Commission Review of the Guradianship Act 1987 (NSW).

Schofield-Georgeson, E 2016, Submission on Behalf of the NSWCCL to the NSW Parliamentary Committee Inquiry into Public Interest Disclosure Legislation.

Schofield-Georgeson, E 2016, Submission on behalf of the NSWCCL to the Queensland Legislative Assembly Legal Affairs and Community Safety Committee Inquiry into a Human Rights Act for Queensland.

Simmons, F United Nations 2016, Providing Effective Remedies to Trafficked People, https://icat.network/sites/default/files/publications/documents/Ebook%20ENG_0.pdf.

Stoianoff, N, Wright, E, McCann, J, Rawlings, J, Catanzariti, T & Evers, M UTS 2016, Submission to IP Australia regarding the Exposure Draft of the Intellectual Property Legislation Amendment (Single Economic Market) Regulation 2016, Sydney.

Wilding, D University of Technology Sydney 2016, Submission to the Senate Environment and Communications Legislation Committee - Broadcasting Legislation Amendment (Media Reform) Bill 2016 [Provisions], Broadcasting Legislation Amendment (Media Reform) Bill 2016 [Provisions], no. 17, pp. 1-17, Sydney.
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Submission to the Senate Environment and Communications Legislation Committee

Alexander, I & Gómez-Arostegui, HT 2016, 'Introduction', pp. 1-4.

Alexander, I & Gómez-Arostegui, HT 2016, 'Research Handbook on the History of Copyright Law', Edward Elgar Publishing, pp. 1-482.
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This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.The contributions feature copyright and history experts from across the UK, Australia, the United ...

Biber, K, Loughnan, A & Quilter, J 2016, '‘Such Slow Murder’: Feminism, Moral Panic and Homicidal Women', University of Technology, Sydney (UTS), pp. 319-326.
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A review of Annie Cossins, Female Criminality: Infanticide, Moral Panics and the Female Body (Palgrave Macmillan UK, 2015).

Grossi, R 2016, 'Book Review Macarena Saez (ed.), Same Sex Couples - Comparative Insights on Marriage and Cohabitation', Heinonline, pp. 162-163.

Grossi, R & Neoh Weng Fei, J 2016, ''Special Issue: Law and Love', Law in Context', Federation Press, Sydney.

Heino, B 2016, 'Book review - 'PostCapitalism: A Guide to Our Future'', SAGE Publications, pp. 557-560.

Heino, B 2016, 'Book Review: PostCapitalism: A Guide to Our Future by Paul Mason', SAGE Publications, pp. 557-560.
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Hohmann, J 2016, 'Protecting the Right to Housing in England: A Context of Crisis Parallel Report to the UN CESCR on England’s performance under ICESCR, 2015'.

Libesman, T & Cashmore, J 2016, 'Fact check Q and A: Are Indigenous children ten times more likely to be living in out of home care?', The Conversation, Sydney.

Methven, EP 2016, 'Is it OK to use the f-word in political protest?'.
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The 'Fuck Fred Nile' case highlights the absurdity of criminalising 'fleeting expletives' while allowing speech that depicts homosexuality as abnormal, unnatural and sinful.

Motha, S & Rijswijk, HV 2016, 'Law, Memory, Violence Uncovering the Counter-Archive'.
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It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive.

Nicholls, R 2016, 'Book Review', Elsevier BV, pp. 593-594.
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Nicholls, R 2016, 'Book Review', Elsevier BV, pp. 378-379.
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Opeskin, B 2016, 'Book Review of R Howard-Hassman and M Walton-Roberts(eds), The Human Right to Citizenship: A Slippery Concept (University of Pennsylvania Press, 2015)', Oxford University Press (OUP): Policy E - Oxford Open Option D, pp. 355-359.

Peetz, D & Schofield-Georgeson, E 2016, 'Restoring the construction watchdog ABCC: experts respond', The Conversation.
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Media Article

Schofield-Georgeson, E 2016, 'ABCC Laws Pass the Senate', ABC Radio National, The World Today,.
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Radio Interview

Schofield-Georgeson, E 2016, 'Corporate-style regulation of unions won't defeat corruption', The Conversation.

Sibbritt, D, Millbank, J, Stuhmcke, A, Kaye, M, Karpin, I & Wardle, J 2016, 'The failure of contemporary law and regulation to keep pace with growing complementary medicine (CM) use: The significance of examining ‘hidden’ gaps in Australia's current regulatory and legislative infrastructure', Elsevier BV, pp. 43-44.
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Simmonds, A 2016, 'Empire by Treaty: Negotiating European Expansion, 1600–1900', Elsevier BV, pp. 123-124.
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Simmonds, A 2016, 'Offshore: behind the wire on Manus and Nauru', Informa UK Limited, pp. 480-481.
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Smith, R 2016, 'The consideration of Culture at the Due Diligence phase or a Merger or Acquisition'.

Steele, L 2016, 'Human Rights and Disability Advocacy. By Maya Sabatello and Marianne Schulze. Philadelphia, PA: University of Pennsylvania Press, 2014. 304 pp. $59.95 cloth.', Cambridge University Press (CUP), pp. 263-266.
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Steele, LR 2016, 'Contesting Coercion: Court-Ordered Diversion and the 'Jursidictional Question' of Diagnosed Impairment'.

Steele, LR 2016, 'Contesting Law's Monopoly on Violence: Human Rights and Absolute Prohibition of Forced Psychiatric Interventions'.

Steele, LR 2016, 'Disaster, Law and Justice: Which Harms Count?'.

Steele, LR 2016, 'Human Rights and Violence Against Women with Disability: Theoretical and Legal Barriers'.

Steele, LR 2016, 'Interrogating the Meaning of Harm and Injustice: Locating the Body in United Nations Disability Convention Legal Capacity Debates'.

Steele, LR 2016, 'Policing Normalcy: Violence Against Women Offenders with Disability'.

Steele, LR 2016, 'Review: Looking for Ashley: Re-reading What the Smith Case Reveals about the Governance of Girls, Mothers and Families in Canada', The University of Sydney, pp. 253-256.

Steele, LR 2016, 'Sterilisation of Women with Disability, International Human Rights Law and (the Failure of) Australian Law Reform'.

Steele, LR 2016, 'Submission on Diversion and Indigenous Australians with Disability as Part of the First People's Disability Network (FPDN) Submission to the Senate Community Affairs References into the Indefinite Dentention of People with Cognitive and Psychiatric Impairment in Australia (2016)'.

Steele, LR 2016, 'Submission to the Senate Community Affairs References Committee Inquiry into the Indefinite Detention of People with Cognitive and Psychiatric Impairment in Australia (2016)'.

Steele, LR 2016, 'Submisson on the Consultation Paper on Criminal Justice to the Australian Royal Commission into Institutional Responses to Child Sexual Abuse (2016)'.

Steele, LR 2016, 'Violence Against Women Offenders with Disability: Exploring Intersections of Disability, Temporality and Affect'.

Steele, LR 2016, 'Violence Against Women Offenders with Disability: Exploring Intersections of Disability, Temporality and Affect'.

Steele, LR, Fleming, R, Swaffer, K & Phillipson, L 2016, 'Submission on Indefinite Detention of People Living with Dementia to the Senate Community Affairs References Committee Inquiry into the Indefinite Detention of People with Cognitive and Psychiatric Impairment in Australia (2016)'.

Stoianoff, N, Milne, J, Ashiabor, H, Kreiser, L & Butcher, B 2016, 'Market Instruments and the Protection of Natural Resources', Edward Elgar Publishing, pp. xii-xii.
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Taylor, MP, Forbes, MK, Opeskin, B, Parr, N & Lanphear, BP 2016, 'Erratum to: The relationship between atmospheric lead emissions and aggressive crime: an ecological study', Springer Science and Business Media LLC.
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Vogl, A 2016, 'A Matter of Time: Enacting the Exclusion of Onshore Refugee Applicants Through the Reform and Acceleration of Refugee Determination Processes'.

Wilding, D 2016, 'The Briefcase: Does Australia's 'Most Exploitative Reality Show' Breach Broadcasting Rules?'.

Wilding, D 2016, 'The Scandal of 60 Minutes: No Broadcasting Standards, No Investigation'.