Publications

Anthony, T, Hemming, A & Francine, F 2019, Criminal Procedure in Australia, 2nd, LexisNexis Butterworths, Sydney.
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This important text combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.

Biber, K 2019, In Crime's Archive, Routledge, Abingdon UK.
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This book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its ‘afterlife’, criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice – the assumption that justice must be seen to be done – and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.

Rock, E, Weeks, G & Boughey, J 2019, Government Liability: Principles and Remedies, LexisNexis Butterworths, Sydney.

STUHMCKE, A 2019, LEXISNEXIS GUIDE Legal Referencing, 5th Edition.

Blagg, H & Anthony, T 2019, 'Roads to freedom? Indigenous mobility and settler law in Central Australia' in Carlen, P & Ayres (eds), Justice Alternatives, Routledge, Oxon, pp. 144-157.
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This chapter interrogates mobility as a site of freedom, ambivalence and hybridity within the framework of colonial settler/ Indigenous relationships in Central Australia, which is located in the imposed jurisdiction of the Northern Territory of Australia. It emerges from a suite of research projects on law, policing and mobility in Central Australia. The first research phase coincided with the 2007 Northern Territory Emergency Intervention (‘the Intervention’) designed to eradicate a perceived epidemic of family violence and child abuse through a massive increase in police numbers on remote Aboriginal communities. The second, from 2014 to the present, has focused on what we call Indigenous counter- mobilities. The first counter-mobility relates to community law and justice and involves place-based mobility strategies by Warlpiri women Elders to ‘patrol’ their own communities in order to enhance social and cultural well- being and to reduce inter-personal harms, which we view as a form of place- based sovereignty. The second relates to the vehicle itself as a necessary part of life in remote Australia and how it is being ‘hybridized’ and ‘Indigenised’ to reflect the cultural and economic realities of life in the remote outback. We see both, in their different guises, as being engaged in what South American theorists with an interest in Amerindian liberation call the politics of ‘decoloniality’ (see Escobar 2010 ; Maldonado- Torres 2011 ).

Bowley, R 2019, 'Transparency in Insurance Contract Law' in Marano, P & Noussia, K (eds), Transparency in Insurance Contract Law, Springer International Publishing, Switzerland, pp. 549-572.
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Buckner Inniss, L, Hohmann, J & Tramontana, E 2019, '‘Kell v Canada: Revaluating the CEDAW Decision in a Feminist Light’' in Hodson, L & Lavers, T (eds), Feminist Judgments in International Law, Hart Publishing, UK, pp. 333-372.
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In 2008, Cecilia Kell, an indigenous woman from the Behchokǫ̀ community in Canada’s Northwest Territories (NWT), submitted a complaint to the Committee on the Elimination of Discrimination against Women (‘CEDAW Committee’). Over a decade earlier, Kell had been living in a common-law relationship with her partner, William Senych. Together, they had lived in housing specially set aside for indigenous people, allocated by the Northwest Territories Housing Corporation. Senych himself was not indigenous. Senych was abusive, and Kell was forced from their home on multiple occasions. On one occasion, she returned to find the locks changed, and to discover that Senych, who was a member of the Community’s housing board, had exploited his position on the board to have her name removed from the title to the property.Over the next 11 years, Kell struggled to regain her home. In multiple engagements with the Canadian legal system, many of them mediated through state-provided legal aid lawyers, Kell found the law deaf to her claims. As a marginalised person seeking to be audible to the law, her struggles reveal the almost Kafkaesque nature of legal engagements for marginalised actors. Her legal aid lawyers advised her not to contest her forced removal from the home. They pursued compensation while she sought restitution of the home itself. They acted contrary to her instructions. The lack of independent funds to pursue her case hampered her. Her claims were dismissed without written reasons. Throughout, however, she remained committed to one aim: regaining her home.Although the CEDAW Committee found in Kell’s favour, our re-written decision is motivated by a number of issues that we perceive to be problematic with the CEDAW views in this case from a feminist perspective.Notably, the CEDAW Committee’s decision hints at, but fails to fully expose, the multiple ways in which the law marginalised and silenced Cecilia Kell. The decision reveals a failure to grasp the i...

Dehm, S 2019, 'International Law and the Cold War' in Craven, M, Pahuja, S & Simpson, G (eds), International Law and the Cold War, Cambridge University Press, UK, pp. 159-188.
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In 1963, the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities published a study that found that more people were ‘effectively confined behind their national boundaries today than in previous periods of history’.2 The study, written by Filipino Judge José D Inglés in his capacity as Special Rapporteur, represented the first attempt within UN institutions to examine the emerging right under international law of individuals to leave any country including their own, and to systematically document how various states were recognising — or failing to recognise — this right in their domestic laws and regulations. Deeply critical of what he saw to be a ‘retrogressive’ trend towards ever more restrictive forms of state control over human mobility and drawing on the language of self-determination that animated earlier and ongoing struggles for national independence across the newly-decolonised or decolonising parts of the world, Inglés framed the legal basis of a person’s ability to emigrate from a state as a fundamental human right, namely a ‘right to personal self-determination’.3 This right, he concluded, was ‘under attack from many directions’, including the ‘desire of some Governments to keep their nationals out of touch with rival ideologies’ and other reasons of ‘alleged national interest’

Donna, WB & Natalya, L 2019, 'Photography and Ontology' in Brett, DW & Lusty, N (eds), Photography and Ontology: Unsettling Images, Routledge, New York, pp. 41-55.
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This chapter explores what happens to old police photographs. When taken, these photographs capture the aftermath of a crime and are intended to have an evidentiary purpose. After the conclusion of proceedings, or the closure of the police file, these images sometimes acquire new value, separate from their role in a criminal investigation. Drawing upon the work of Luc Sante and Peter Doyle, this chapter seeks to understand what is forensic about forensic photographs and what else they might contain. It examines the effects of exhibiting police photographs in the cultural sphere, in their afterlife, exposing the aesthetic and affective attributes of evidentiary photography.

Dorsett, S 2019, 'Spanning Two Worlds' in Furphy, S & Nettelbeck, A (eds), Aboriginal Protection and Its Intermediaries in Britain’s Antipodean Colonies, Routledge, New York, pp. 97-114.
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According to his diary, on Monday, 13 May 1844, Edward Meurant, gov­ernment interpreter, attended the Governor and Maori at a meeting with respect to a long-running dispute concerning ownership of Motiti Island; on Tuesday, he adjudicated a dispute between a local rangatira (chief) and settlers concerning boundaries of land; and on Wednesday, he deliv­ered letters regarding the sale of Maori land and attended Police Court, where he interpreted for a Maori who had charged a settler with assault. He also received confirmation of the consent of local rangatira to com­pensation for a land claim and attempted to catch up with two European men who had run off with a Maori woman; on Thursday, he interpreted in a land sale; on Friday, he was back in the local Police court, where yet another settler was fined and imprisoned for assaulting a Maori. Friday brought two more land sales; Saturday brought yet more, and on Sunday Meurant bought a cow.1 As senior government interpreter, Edward Meurant was one of a cadre of interpreters who facilitated Maori-settler engagement in the Crown Colony period. His eleven-year tenure spanned the two distinct periods of protective governance in the New Zealand Crown colony period (1840- 1852). During the short-lived formal protectorate, he was attached to the office of the Protector of Aborigines. After the abolition of that office in 1846, and the consequent reorganisation by Governor Grey of the insti­tutions which facilitated the Crown's engagement with Maori, he was attached to the office of the Colonial Secretary. He remained the senior interpreter until his death in 1851.

Goldblatt, B 2019, 'Violence against women and social and economic rights: deepening the connections' in Rimmer, SH & Ogg, K (eds), Research Handbook on Feminist Engagement with International Law, Edward Elgar Publishing, Cheltenham, pp. 359-378.
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Violence against women cuts across class, touching both rich and poor. It is clear, however, that poverty and unequal access to resources contribute to the conditions that make women vulnerable to violence. The chapter suggests the need for a closer understanding of how violence acts as a barrier to women’s exercise of and access to their social and economic rights and how these rights might support efforts to prevent and address violence against women. The chapter considers some of the concerns raised by critical feminist scholars in relation to feminist engagements with international law, particularly where they deal with violence against women within international human rights law. It argues that a focus on social and economic rights might overcome some of these concerns in using human rights to address violence against women. It explores ways in which the conceptual connections between violence against women and social and economic rights might be deepened in international human rights law. Social and economic rights have potential value in contributing to the prevention of violence, rather than just in responding to it. Together with substantive approaches to equality, social and economic rights might be marshalled to achieve transformative changes to society, by altering some of the structural underpinnings of poverty and inequality that contribute to violence against women

Greenman, K & Lavers, T 2019, 'The Lockerbie Case (Libyan Arab Jamahiriya v United States of America)' in Hodson, L & Lavers, T (eds), Feminist Judgments in International Law, Hart Publishing, UK.
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Raafat al-Ghossain – or ‘Fafo’, as she was known to her father Bassam, mother Saniya and younger sister Kinda – was only 18 when she was killed on 15 April 1986. Her family home in Tripoli was destroyed by a bomb dropped during an American airstrike ordered by Ronald Reagan in response to the bombing of a Berlin nightclub earlier that same year, blamed on the Libyans, in which two American soldiers were killed. Raafat, in her first year at art college in London, was back in Libya visiting her family for the holidays. Just over two months before her death she had written in her diary: ‘My life is changing. I’m slowly, at last, finding myself. It feels great at last to meet my real self. Freedom!!’ On 21 December 1988, Frank Ciulla was travelling home to his wife, Mary Lou, and their three in New Jersey for Christmas. As his flight, Pan Am 103, flew over the Scottish town of Lockerbie a bomb exploded on board the plane, killing all 259 passengers and crew and 11 people on the ground. His body was found eight miles from the main crash site on a farm belonging to Hugh and Mary Connell. The two families subsequently struck up a friendship, culminating in their meeting in Scotland in 1992.

Grey, A & Piller, I 2019, 'Sociolinguistic ethnographies of globalisation' in The Routledge Handbook of Linguistic Ethnography, Routledge, pp. 54-69.
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The Routledge Handbook of Linguistic Ethnography provides an accessible, authoritative and comprehensive overview of this growing body of research, combining ethnographic approaches with close attention to language use.

Hobbs, H & Williams, G 2019, 'Trust and the Constitution' in Evans, M, Grattan, M & McCaffrie, B (eds), From Turnbull to Morrison: Australian Commonwealth Administration 2016-2019—Understanding the Trust Divide, Melbourne University Press, pp. 75-92.
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The question of trust loomed large in the 45th parliament across a range of constitutional issues. In this chapter, we trace three of the more significant legal events that contributed to a breakdown in trust between government and citizen. We explore the eligibility crisis that saw 18 of parliament’s members disqualified under the various limbs of section 44, the Australian Marriage Law Postal Survey and the government’s rejection of the ‘Uluru Statement from the Heart’.

Hohmann, J 2019, '‘The Right to Housing: A Research Agenda’' in moos, M (ed), A Research Agenda for Housing, Edward Elgar Publishing, Uk, pp. 15-30.
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Housing provides and protects some of our most fundamental needs. It shields us from the elements and provides refuge from external physical threats. It gives us a base from which to build a livelihood and take part in the community, from the neighbourhood to the state. Moreover, housing provides a space in which our psychological needs can be met and fostered. As I have explored elsewhere, housing is important in the formation and protection of identity, community and place in the world (Hohmann, 2013). The recognition of the right to housing in law is based on an appreciation of the importance of housing to privacy, autonomy and freedom; its function in facilitating participation and inclusion in society; and its role in providing the material goods that make all of these things meaningful and possible. In other words, the principles that inform and underlie the right to housing include some of the most fundamental concerns of human rights (Hohmann, 2013). Moreover, while aspects of a person’s relationship with her housing and home may be protected by rights to privacy, property, liberty and security, by rights to vote and to freedom of expression, a right to housing shifts the focus, insisting that housing is not instrumental to the realization of other human needs and goods, but itself fundamental (Hohmann, 2013).

Hohmann, J 2019, 'The right to housing' in A Research Agenda for Housing, https://www.elgaronline.com/view/edcoll/9781788116503/9781788116503.xml, pp. 15-30.

Hohmann, J & Joyce, D 2019, 'Introduction', pp. 1-11.
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This volume asks what we might learn about international law if we began with objects, things, and material culture? What might we see, if we took seriously international law’s role in constructing the world, claiming and disclaiming parts of it, vesting things with authority or stripping them of legitimacy? And what might we learn about objects themselves, if we allowed them to speak more clearly to us, if we let them take centre stage, rather than treating them as peripheral to or as passive props for human action? This volume opens up these questions. It aims to extend both the theoretical and critical scope of the discipline beyond its preoccupations with text and with the intentions of states, and with normative and regulatory frameworks, by considering international law through a new lens-that of its materiality, its objects, and their associated imagery. The collection plays with style, method, and form, and is explicitly interdisciplinary. It brings out the personal, and disciplinary, preoccupations of international lawyers at the contemporary moment. It showcases the selected objects themselves, and results in an artefact that is also an archive. The volume offers a new way of thinking about the purpose and the limits-both conceptual and physical-of international law, and connecting it with the material turn in the humanities and social sciences. We seek to begin a conversation that will enable new ways of thinking about, but also opportunities for contesting, resisting, and re-forming international law.

Leary, D 2019, 'Frozen robots: autonomous underwater vehicles and unmanned aerial vehicles in the Antarctic: a new tool or a new challenge for sustainable ocean governance?' in Liu, N, Brooks, C & Qin, T (eds), Governing Marine Living Resources in the Polar Regions, Edward Elgar Publishing, pp. 158-176.
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Chapter 9 addresses legal implications of using new technology (autonomous underwater vehicles (AUVs) and unmanned aerial vehicles (UAVs)) in the Antarctic. In the Southern Ocean and along the Antarctic coastline and in the airspace above the Antarctic, AUVs and UAVs respectively are emerging as a potentially valuable tool for scientific research. This chapter explores the potential scientific role that these vehicles could play, while offering thoughts on how these ‘robot’ technologies could potentially enhance environmental governance of the region. Leary considers the implications for international law and policy and seeks to sketch tentative answers to some key questions: To what extent is the use of AUVs and UAVs regulated under existing international law? What issues merit a regulatory response from the international community?

Libesman, T 2019, 'Contemporary Aboriginal and Torres Strait Islander child welfare' in Behrendt, L, Cunneen, C & Libesman, T (eds), Aboriginal and Torres Strait Islander Legal Relations, OUP, Melbourne, pp. 46-65.

Libesman, T 2019, 'Dispossession and colonisation' in Behrendt, L, Cunneeen, C & Libesman, T (eds), Aboriginal and Torres Strait Islander Legal Relations, OUP, Melbourne, pp. 1-19.

Libesman, T 2019, 'Warfare to welfare: genocide to racial discrimination' in Behrendt, L, Cunneen, C & Libesman, T (eds), Aboriginal and Torres Strait Islander Legal relations, OUP, Melbourne, pp. 20-47.

Libesman, T & McGlade, H 2019, 'Aboriginal children's lives, sexual violence and the settler state' in Gleeson, K & Lumby, C (eds), The age of consent : Young people, sexual violence and agency, UWA Publishing, WA, pp. 11-30.

Luker, P 2019, 'Sentencing Acts: Appraisal of court records in Canada and Australia' in Genovese, A, Luker, P & Rubenstein, K (eds), The Court as Archive, ANU Press, Canberra, pp. 263-286.
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In archival theory and practice, sentencing is the process of identifying and classifying information, potentially resulting in its destruction. It is a surprising homonym to judicial pronouncement of criminal punishment, despite the emotive association with censorship and book burning. In archival science, as in law, sentencing is the result of evaluative judgment. In the case of archival science, these judgments about historical and social value, institutional accountability and resourcing have a powerful impact on social memory because they determine which ‘creators, functions, and activities in society will be represented in archives

Luker, T 2019, 'Women into print: Feminist presses in Australia' in Everyday Revolutions: Remaking Gender, Sexuality and Culture in 1970s Australia, ANU Press, pp. 121-138.
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Luker, T 2019, 'Women into print: Feminist presses in Australia' in Arrow, M & Woollacott, A (eds), Everyday Revolutions: Remaking Gender, Sexuality and Culture in 1970s Australia, ANU Press, Canberra, pp. 121-138.
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The freedom of the press belongs to those who control the press’ was one of the enduring slogans of the second-wave women’s movement. Reflecting the belief that the printed word could incite social change, feminists asserted their position in the public sphere of publishing, as authors, in print production and through the establishment of feminist presses. Reclaiming and celebrating women’s writing was a defining characteristic of second-wave feminism, and feminist literary and cultural historians took up the literature of Australian women writers from the nineteenth and early to mid-twentieth century. The Australian second-wave women’s movement emphasised cultural forms; it was a catalyst for feminist writing, in the form of journalism, autobiography, short fiction, novels, poetry and plays, as well as feminist history, political theory, gender and sexuality studies. These texts, in turn, form a body of cultural memory that informs how feminism marks its own past, providing a narrative for individual and collective remembering.

Piller, I & Grey, A 2019, 'General Introduction: Language and Globalization - Mapping the Field' in Language and Globalization Critical Concepts in Linguistics, Routledge, Taylor and Francis Group, London, pp. 1-37.
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We close this introductory chapter with suggestions for future research byreturning to a number of themes that run through this collection, namely etic vs.emic approaches, universalism vs. specificity, English monolingualism vs. multilingualism, and singularity vs. interdisciplinarity.

Riley, S 2019, 'Wildlife law and animal welfare: competing interests and ethics' in Scholtz, W (ed), Animal Welfare and International Environmental Law, Edward Elgar Publishing, Cheltenham UK, pp. 148-179.
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The purpose of this chapter is threefold: to evaluate how and why disengagement with wildlife welfare occurred; why it persisted; and what role international law has, and can, play in remediating the disengage­ment. The discussion starts with national jurisdictions, drawing examples from the Australian State of New South Wales (NSW). As NSW was an English colony for part of the time under consideration, examples are also drawn from English law and policy.18 The discussion also evaluates e complex reasons for the persistence of disengagement, extending the analysis to international regimes. The analysis critiques wildlife regu­lation that centres on human constructs, particularly the influence of the useful/harmful dichotomy, as well as reviewing the lack of political will in regulating competing human interests in wildlife. These approaches create a paradox where regulation depends on the classification of species, so in one sense regimes are species-focused, but at the same time, regulation is strikingly anthropocentric because classifications also focus on the usefulness of species to humans. Animals are treated instrumentally, with little regard to cruel practices. This was, and still is, the case even with useful species that can be used as long as they can also continue to be managed as a resource. The chapter finishes by examining suggestions for improvement, including expanding the purview of existing treaty systems, establishing a new international organization for animal welfare and integrating compassionate conservation into decision making. It is concluded that an ethic based on compassionate conservation shows promise for transform­ing existing ideologies, allowing society to manage, in an ethical way, the environment that it has unambiguously shaped.

Silink, A 2019, 'The Nature of Personal Property' in Commercial Law: Commentary and Materials, Thomson Reuters, Australia.

Teske, S & Pregger, T 2019, 'Introduction' in Achieving the Paris Climate Agreement Goals, Springer International Publishing, UK, pp. 1-4.
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Tobin, J & Hobbs, HO 2019, 'Article 37: Protection against Torture, Capital Punishment, and Arbitrary Deprivation of Liberty' in Tobin, J (ed), The UN Convention on the Rights of the Child: A Commentary, Oxford University Press, New York, pp. 1420-1502.
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van Rijswijk, H 2019, 'Routledge Handbook of Law and Theory' in Philippopoulos-Mihalopoulos, A (ed), Routledge Handbook of Law and Theory, Routledge, UK, pp. 329-346.
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This chapter uses Dogville as a case study for studying legal representation because, for all the film’s problems, it does an exemplary job of thematising (and diagnosing) the aestheticisation of abstraction as legal-cultural practice and the violent effects of this aestheticisation. Dogville demonstrates the ways that women – both as figures and as material beings – are subjected to violence through these representational practices. This reading of Dogville demonstrates, step-by-step, the production of law’s abstractions – of justice, judgment, contract and debt – and the specific violence these abstractions both produce and disguise. Dogville’s law – and our law – is both discursive and material. This revelation challenges what I term law’s aggressive realism: through an insistence on singular doctrine and singular authority, we can think of law’s representational practice, and indeed of its genre, as a form of aggressive realism, one that excludes other genres and representational practices in its adjudications. Law is aggressive in its assertion of an exclusive jurisdiction over violence, making an implied claim that it alone can access the truth and repair harms. Law’s assertion of jurisdiction is also representational, excluding other genres and representational practices in responding to violence.

van Rijswijk, H 2019, 'The dysfunctional town and the social contract' in Law, Cinema, and the Ill City, Routledge, UK, pp. 42-53.
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© 2020 selection and editorial matter, Anne Wagner and Le Cheng; individual chapters, the contributors. This chapter examines the relationship of the related figures of social contract and dysfunctional town, and how they explicate law’s role in historical violence. It also argues that Dogville essentially concerned with the relationship between representation and contract – both the social contract and the individual contractual arrangements that are key to contemporary legal and social life. Dogville tells the story of Grace Margaret Mulligan, a young woman on the run, who flees a corrupt, mafia-run city and comes upon an isolated town. At first glance, the town seems wholesome and kindly. The year is 1933: the mines have closed and there is no money. There is nothing innovative about a community dehumanizing an outsider. But Dogville is innovative in the way it stages the framing of this dehumanization: rather than a naturalistic slide into violence, the film frames Grace’s treatment by the town as an effect of moral and legal technique.

Vogl, A 2019, 'Crimmigration and Refugees: Bridging Visas, Criminal Cancellations and ‘Living in the Community’ as Punishment and Deterrence' in Billings, P (ed), Crimmigration in Australia, Springer Nature Singapore, Germany, pp. 149-171.
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Australia’s status as the only state with a policy of mandatory indefinite detention of all unlawful non-citizens, including asylum seekers, who are within Australian territory is a fact that is both well-known and frequently cited. From its inception, mandatory immigration detention was touted as ‘the method of deterrence for those seeking asylum onshore’ and since then ‘mandatory detention has been at the forefront of a deterrence as control and control as deterrence discourse’2. The imagined subjects of deterrence are frequently asylum seekers presented as ‘bogus’ or as economic migrants, and the sites for control are Australia’s ‘immigration program’ and borders. While these dual factors have animated the implementation and continuation of the policy for over 25 years, the contemporary practice and enforcement of detention in Australia presents a much more complex picture.

Vrdoljak, AF 2019, 'Intentional destruction of cultural heritage and reparations' in Culture and International Law, CRC Press, USA, pp. 43-54.
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The cultural heritage should be protected all the time. None of the high contracting parties in the hostilities could destroy or even use it as their shield. The role of international responsibility – whether it be individual criminal responsibility, State responsibility, and the responsibility of the international organisations – and reparations in addressing and responding to intentional destruction of cultural heritage shall be clear. The overlap between prohibition against the destruction of cultural property, individual criminal responsibility and reparations evolved in lockstep with international humanitarian law and international criminal law generally. Therefore, this paper examines the Al Mahdi Judgment, Sentencing and Reparations Order in this broader context, from the IMT, the ad hoc Tribunals, to the ICC today, to better understand why and how international law is addressing the intentional destruction of cultural property. The first part of this paper will examines the general rationales for sentencing in international criminal law and how these translate into conduct directed at cultural property from war crimes, crimes against humanity (particularly persecution) and genocide. The second part considers reparations awarded in respect of these crimes, again by considering the rationale for reparations generally and then as it’s translates in respect crimes covering cultural property. The concluding part considers the cleavages and cross-purposes that the ICC Judgment reveals in respect of the priorities of the international community and the ability of international law to address them.

Wilkinson, G 2019, 'Tobacco plain packaging, human rights and the object and purpose of international trade mark protection' in Frankel, S (ed), The Object and Purpose of Intellectual Property, Edward Elgar Publishing, Cheltenham Glos GL50 2JA UK, pp. 182-216.
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This chapter considers the object and purpose of TRIPS and the Paris Convention and uses Australia’s tobacco plain packaging legislation to argue that human rights obligations can be relevant to the interpretation of trade mark provisions in the World Trade Organization. Australia’s tobacco plain packaging legislation has been unsuccessfully contested as inconsistent with multiple provisions of TRIPS in the World Trade Organization. A key issue was whether the requirements unjustifiably encumbered the use of tobacco-related trade marks in the course of trade. Although they were not considered in the dispute, a number of human rights concerns relevant to the justification for plain packaging legislation can also be relevant to the object and purpose of TRIPS and interpretation of relevant terms in the agreement. These concerns are important but states must recognise and articulate the relevance of human rights to legislation for them to be considered in future disputes.

Wright, E 2019, 'Protecting traditional knowledge in Australia: what can we learn from India and Peru?' in Frankel, S (ed), Is Intellectual Property Pluralism Functional?, Edward Elgar Publishing, UK, pp. 206-234.
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Abdulcadir, J, Adler, PW, Alderson, P, Alexander, S, Aurenque, D, Bader, D, Ben-Yami, H, Bewley, S, Boddy, J, van, DBM, Bronselaer, G, Burrage, H, Ceelen, W, Chambers, C, Chegwidden, J, Coene, G, Conroy, R, Dabbagh, H, Davis, DS, Dawson, A, Decruyenaere, J, Dekkers, W, Delaet, D, De, SP, van, DG, Dubuc, E, Dworkin, G, Earp, BD, Baky, FMA, Ferreira, N, Florquin, S, Frisch, M, Garland, F, Goldman, R, Gruenbaum, E, Heinrichs, G, Herbenick, D, Higashi, Y, Ho, CWL, Hoebeke, P, Johnson, M, Johnson-Agbakwu, C, Karlsen, S, Kim, D, Kling, S, Komba, E, Kraus, C, Kukla, R, Lempert, A, von, GTL, Macdonald, N, Merli, C, Mishori, R, Möller, K, Monro, S, Moodley, K, Mortier, E, Munzer, SR, Murphy, TF, Nelson, JL, Ncayiyana, DJ, van, NAA, O’neill, S, Onuki, D, Palacios-González, C, Pang, MG, Proudman, CR, Richard, F, Richards, JR, Reis, E, Rotta, AT, Rubens, R, Sarajlic, E, Sardi, L, Schüklenk, U, Shahvisi, A, Shaw, D, Sidler, D, Steinfeld, R, Sterckx, S, Svoboda, JS, Tangwa, GB, Thomson, M, Tigchelaar, J, Van, BW, Vandewoude, K, Van, HRS, Vash-Margita, A, Vissandjée, B, Wahlberg, A & Warren, N 2019, 'Medically Unnecessary Genital Cutting and the Rights of the Child: Moving Toward Consensus', The American Journal of Bioethics, vol. 19, no. 10, pp. 17-28.
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Anthony, T, Walsh, T, McNamara, L & Quilter, J 2019, 'National Study on the Criminalisation of Homelessness and Poverty', Parity, vol. 32, no. 4, pp. 32-34.
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As criminal law researchers, one of the most common complaints we hear from the community legal sector, and vulnerable individuals themselves, is that people experiencing homelessness continue to be disproportionately charged with minor criminal offences. When it comes to legal need, criminal law advice and representation is still one of the most important legal services we can offer to people who are homeless.

Appleby, G, Le Mire, S, Lynch, A & Opeskin, B 2019, 'Contemporary challenges facing the Australian judiciary: An empirical interruption', Melbourne University Law Review, vol. 42, no. 2, pp. 299-369.
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The structures that regulate and support the Australian judiciary reflect and serve the traditional judicial values of independence, impartiality and the rule of law. Yet modern society places emphasis on an additional range of values that are expected of government and public institutions. These contemporary values include diversity, transparency, accountability and efficiency. Reforms to introduce regulatory and support structures that prioritise and facilitate these values in the judicial arm has proved challenging and, sometimes, contentious. This article reports on a survey of Australian judicial officers (n = 142) from across different jurisdictions. Participants were asked what they considered to be the most pressing challenges that face the various levels of the Australian judiciary, and whether the current regulatory and support environment achieves international best practice. The responses provide a nuanced picture of the state of the modern Australian judiciary as it appears to those within it. The study facilitates an understanding of the degree to which judicial officers are satisfied with the current legal and regulatory framework and, where they are dissatisfied, the nature of their disquiet. While not seeking to offer complete resolutions to the many issues canvassed, the data and analysis presented in this article serve as an interruption to regulatory and academic studies of the Australian judiciary, with the potential to illuminate and re-orientate the reform conversation in light of the judicial perspective on these various issues.

Aroney, E & Crofts, P 2019, 'How Sex Worker Activism Influenced the Decriminalisation of Sex Work in NSW, Australia.', International Journal for Crime, Justice and Social Democracy, vol. 8, no. 2, pp. 50-67.
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In 2015, Amnesty International joined over 200 sex worker organisations in the call for nations to decriminalise sex work. Despite this, only two jurisdictions in the world, New Zealand and New South Wales (NSW; Australia), have adopted this approach. This article examines the role that sex worker activists played in sex work law reform in NSW through their representative organisation, the Australian Prostitutes Collective (APC). The APC produced and submitted groundbreaking research to the Select Committee of the NSW Legislative Assembly on Prostitution (1983–1986) whose recommendations laid the foundation for the decriminalisation of sex work in NSW. This article contributes to a developing history of the contribution of sex worker activism to law reform. It explores why it is so important that sex worker voices are included in the process of reform, and how meaningful consultation with sex workers helped shape and invoke a radical policy and legal transformation.

Biber, K 2019, 'Dignity in the digital age: Broadcasting the Oscar Pistorius trial', Crime, Media, Culture: An International Journal, vol. 15, no. 3, pp. 401-422.
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Oscar Pistorius was tried for the murder of Reeva Steenkamp in South Africa in 2014. His trial was broadcast live, after media agencies applied to the court for comprehensive access to the courtroom. The decision to broadcast the trial followed a careful and deliberative court ruling about the constitutional principles of human dignity, freedom and equality. South Africa’s post-apartheid Constitution provides a framework for achieving social transformation, and open justice plays an important role in it. Despite concerns about sensationalism and voyeurism, the broadcast of the Pistorius trial functioned as a constitutional experiment. This article evaluates the principles and practices of open justice in South Africa through the broadcast of the Pistorius trial, and the roles played by the media, the courts and the public. It identifies significant events during the trial, including its reporting, which had the effect of testing the compatibility of open justice, on the one hand, and the proper administration of justice, on the other. The right of an accused to a fair trial, at times, confronted the sensitivities of the victim’s family, the rights of the media and the demands of the public to witness justice being done. This article examines the tangled relationship between dignity and justice, compounded by the technologies of digital media, in the unique context of post-apartheid South Africa.

Biber, K 2019, 'Little Clues: Frances Glessner Lee's Archives of Domestic Homicide', law&history., vol. 6, no. 2, pp. 46-82.
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Beginning in 1944, Frances Glessner Lee created a collection of at least twenty miniature doll's houses to assist police detectives in learning techniques of criminal investigation. These - the Nutshell Studies of Unexplained Death - are tiny and fully furnished buildings, primarilydomestic interiors, which portray an unexplained or suspicious death. Most of them suggest intimate partner homicides, suicides or fatal domestic accidents. The Nutshells represent a strange convergence of archival practice and emotional engagement. They are regarded as providing autobiographical clues to Lee's misery and loneliness, and this article explores their ability to draw together affective and pedagogical responses to crime's archive. Starting with Carlo Ginzburg's 'clues' paradigm, the article draws on historical and critical scholarship on scale, size and affect to investigate the Nutshells' entanglement of archives and emotions.

Booth, T 2019, 'Family Violence and Judicial Empathy: Managing Personal Cross Examination in Australian Family Law Proceedings', Oñati Socio-legal Series, vol. 9, no. 9(5), pp. 702-725.
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Enquiries and research reveal that many victims of family violence who are personally cross-examined by the alleged perpetrator of that violence in family law proceedings find the process traumatising and intimidating. Not only can such processes generate unsafe and unfair outcomes but also they are unlikely to produce the high quality evidence required by the court. In deference to the emotional wellbeing and vulnerability of these victims, a number of measures for receiving such evidence are available to Australian Family Court judges. However, currently these are all discretionary powers and anecdotal evidence suggests that the use of these tools is unpredictable and dependent on the individual judge. In the absence of empirical evidence, this paper aims to open up potential emotional dimensions of judicial decision-making in this context with a view to exploring these theoretical ideas in later empirical work. Investigaciones revelan que muchas víctimas de violencia doméstica que, en el curso de procedimientos en tribunales de derecho de familia, son sometidas a contrainterrogatorios por parte del supuesto autor de esa violencia consideran ese proceso traumatizante e intimidatorio. Esos procesos no sólo pueden arrojar resultados inseguros e injustos, sino que también tienen pocas probabilidades de producir el material probatorio de calidad que requiere un tribunal. Por deferencia al bienestar emocional y a la vulnerabilidad de esas víctimas, los jueces de familia de Australia tienen a su disposición varias medidas para obtener esas pruebas; sin embargo, actualmente, son sólo poderes discrecionales, y pruebas circunstanciales sugieren que su uso es impredecible y dependiente de cada juez. En ausencia de pruebas empíricas, este artículo intenta abrir una dimensión emocional potencial de la toma de decisiones judiciales en este contexto, con miras a explorar esas ideas teóricas en trabajos empíricos posteriores.

Booth, T, Kaye, M & Wangmann, J 2019, 'Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom: The Differences, Gaps and Deficiencies', University of New South Wales Law Journal, vol. 42, no. 3, pp. 1106-1142.
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Since the early 2000s, the ability of a self-represented litigant alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions restrict such personal cross-examination in sexual offence proceedings. Many jurisdictions also impose similar limitations in proceedings for other domestic and family violence related criminal proceedings and civil protection order proceedings. This article reveals a marked unevenness in protection for alleged victims both across and within jurisdictions. The lack of consistency in approach and lack of uniformity in provisions across the jurisdictions means that not all victims of domestic and family violence are protected, and for those who are, the nature and extent of those protections differ.

Boughey, J, Rock, E & Weeks, G 2019, 'Remedies for Government Liability: Beyond Administrative Law', AIAL Forum, vol. 97, pp. 57-74.
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Control of government power is traditionally regarded as the province of administrative law. To the extent that other causes of action (such as claims in equity, contract and tort) can be brought against government, such claims are typically treated as a secondary, rather than primary, function of the law. The topic of government liability outside traditional public law parameters is in turn treated as something of a specialist topic, rather than a core area of legal doctrine. Placing the law into spheres of ‘public’ and ‘private’ — and the further subcategorisation of causes of action within those spheres — offers the promise of neat categories that can be deployed to study legal doctrine in the abstract. However, legal practitioners, particularly those involved in litigation, learn quickly that clients are rarely interested in the intricacies of legal doctrine that might be thrown up by their case. Lawyers are interested in the law; clients want to know about outcomes: what remedy they might get, their chances of getting it and what seeking it will cost them. On that reckoning, there are few things as useful for a practitioner to know in detail as the various remedies that might assist their clients. Where the case is one that involves harm occasioned by a government defendant, one unfortunate symptom of academic attraction to ‘public’ and ‘private’ law categories is to obscure the many and varied ways in which the law might respond to that harm.Approaching legal doctrine through this dichotomous lens is not only a limitation from a practical perspective. Rather than treating government liability as a specialist topic, there is much to be gained from gathering together the various ‘public’ and ‘private’ claims that can be made against government. By adopting a wholesale view of the field of ‘government liability’, we are better able to identify common themes and connections between areas of law. While it is true that the capacity to obtain remedies a...

Brennan, D 2019, 'Selling printed goods or facilitating printing gigs: the Redbubble puzzle', Australian Business Law Review, vol. 47, no. 2, pp. 74-100.
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The distinction between agreements to sell goods and agreements to provide the service of making goods has long troubled the law. Recently the issue has arisen afresh in the context of copyright litigation concerning an online marketplace conducted by the Australian company, Redbubble. Since mid-2012 Redbubble’s contractual terms have attempted to shift Redbubble from being involved in selling printed goods to it doing no more than facilitating printing gigs. This article considers Redbubble’s business model in Australian law and to what extent it might nonetheless implicate the possibility of liability under s 38 of the Copyright Act 1968 (Cth) – that is, dealing in articles with knowledge that their making constituted infringement. To do so, an overview of the terms under which Redbubble purports to arrange transactions is provided, as well as an explanation as to how Anglo-Australian law has evolved to distinguish agreements to sell future goods from agreements for services. The article deploys that analysis to suggest that Redbubble is an agent in the formation of an agreement to sell future goods by description. The article concludes by reconsidering as a matter of public policy Redbubble’s potential for liability under s 38 of the Copyright Act 1968.

Brodie, D & Riley, J 2019, 'A Duty of Good Management? Protected Interests and the Employment Contract', Victoria University of Wellington Law Review, vol. 50, no. 2, pp. 303-320.
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This essay in honour of Gordon Anderson's contribution to employment contract law reviews the extent to which it is true to say that the law of the employment contract does in fact protect the employee's interests in a well-managed workplace, where the harm suffered is financial or psychological/psychiatric. It will be suggested that the law has evolved less radically than Lord Slynn's dictum might suggest.

Buonamano, R 2019, 'Reconciling Pluralistic Democracy and Religious Freedom in European Human Rights Law: A Jurisprudential Balance in Search of Principles', Religion & Human Rights, vol. 14, no. 3, pp. 169-203.
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AbstractThis article examines some of the structural and systemic issues associated with the relationship between pluralistic democracy and religious freedom within the jurisprudence of the European Court of Human Rights. These include the problematic aspects of the doctrine of State neutrality, and the function of secularism in the understanding of “democratic society”. It assesses the principal jurisprudential mechanisms utilised in religious freedom cases—namely, the notion of “public order”, the association of secularism with gender equality, the principles of the “minimum requirements of life in society”, and the margin of appreciation in the context of democratic legitimation. As the article demonstrates, the Court’s approach to negotiating the appropriate balance between pluralistic democracy and religious rights is marred by a reluctance to clearly elucidate the principles involved in the implementation of democratic values under the Convention when considering the means of protecting and limiting the freedom of religion.

Carney, T 2019, 'Robo-debt illegality: The seven veils of failed guarantees of the rule of law?', Alternative Law Journal, vol. 44, no. 1, pp. 4-10.
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This article asks how rule of law institutions failed to ‘bell the cat’ on the illegality of Centrelink's robo-debt programme and its unethical character. It identifies serious structural deficiencies in the design of accountability and remedial avenues at seven different levels. It argues for adherence to Administrative Review Council guidelines on machine learning, Parliamentary accounting of Ombudsman and Audit agencies on rule of law foundations and model litigant protocols, attention to ethical administration, redacted publication of selected first tier Administrative Appeals Tribunal rulings, contractual guarantees of independence in legal aid/advocacy funding, building of pro bono advocacy partnerships, and cultural change designed to counter stigmatisation of the vulnerable.

Carney, T, Then, S-N, Bigby, C, Wiesel, I, Douglas, J & Smith, E 2019, 'Realising ‘will, preferences and rights’: reconciling differences on best practice support for decision-making?', Griffith Law Review, vol. 28, no. 4, pp. 357-379.
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© 2019, © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. ‘Will, preferences and rights’ is the new guiding principle for all support for or exercise of decision-making under the Convention on Rights of Persons with Disabilities, but its meaning is disputed and practice implications are poorly understood. This article explores key debates across disciplines and draws on grounded theory fieldwork findings to bring greater clarity to the principle within law, policy and practice settings. It is argued that the principle calls for a nuanced understanding which cautions against expectations that mere enactment into law or adoption within programs of support will prove to be a panacea.

Carney, T, Yager, J, Maguire, S & Touyz, SW 2019, 'Involuntary Treatment and Quality of Life', Psychiatric Clinics of North America, vol. 42, no. 2, pp. 299-307.
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The issues centering on the involuntary treatment of severe and enduring anorexia nervosa are daunting. There is a general consensus that people with this illness are likely to have high levels of disability, be underemployed/unemployed, and receive welfare. Anorexia nervosa shows a similar degree of impairment to those with depression or schizophrenia on quality-of-life measures. It is possible to mount a cogent argument as to why a rehabilitation model of care needs to be considered for those with persistent eating disorders. In such cases, harm minimization and improved quality of life should be prioritized and involuntary treatment used judiciously.

Crofts, P & Vogl, A 2019, 'Dehumanized and demonized refugees, zombies and World War Z', Law and Humanities, vol. 13, no. 1, pp. 29-51.
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© 2019 Informa UK Limited, trading as Taylor & Francis Group. This paper explores inhuman/human constructions that feature in state responses to refugees. We move beyond straightforward normative claims that dehumanizing or demonizing refugees is unfair, unjust or bad to ask: what kind of inhuman monsters are refugees characterized as when they are ‘demonised’; and, what are the consequences of such a characterization? Our argument is that reading the demonised refugee as the contemporary zombie monster and inversely, reading the resurgence of the zombie monster through the prism of the so-called refugee and migrant crisis, reveals the precise anxieties brought about by refugees and asylum seekers. In particular, we claim that both figures represent the transgression of borders, as well as the failure of containment, borders and border walls as a response to crisis. We also argue that the contemporary zombie, as a race-less catchall monster figure, mirrors the erasure of colonial histories, race and race relations in the casting of refugees as dehistoricized, invading and disorderly bodies. We analyse these themes through the 2013 blockbuster film World War Z (dir. Marc Foster). In the film, the United Nations, US Navy, World Health Organisation, and Gerry Lane (a former UN employee) combine to fight a global zombie war.

Dietz, HP & Callaghan, S 2019, 'Response to Vaginal delivery: An argument against requiring consent', Australian and New Zealand Journal of Obstetrics and Gynaecology, vol. 59, no. 1, pp. 165-165.
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Dorsett, S 2019, 'Procedural reform in the nineteenth century British Empire: the failure of Barron Field in Gibraltar', Comparative Legal History, vol. 7, no. 2, pp. 130-156.
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© 2019, © 2019 Informa UK Limited, trading as Taylor & Francis Group. In 1831 Barron Field, first judge of the new Supreme Court of Gibraltar, drafted rules for his new court. Field was one of a cohort of colonial judges in this period who were encouraged by the Colonial Office to undertake significant reforms to civil procedure. In the main, this produced innovation, leading to reforms not yet possible in England. Field’s reforms were judged an exception. He was the only judge in this period whose reforms were not accepted by the Colonial Office. However, his failure gives insight into the kinds of improvements that the Colonial Office hoped to achieve, and hence into the project of nineteenth-century procedural reform more broadly. Moreover, tracing the filiations of Field’s reforms potentially enables us to follow the movement of procedural forms between colonies administering civil law and common law, providing a means though which to bring reforms in these systems into a single field.

Figlioli, G, Bogliolo, M, Catucci, I, Caleca, L, Lasheras, SV, Pujol, R, Kiiski, JI, Muranen, TA, Barnes, DR, Dennis, J, Michailidou, K, Bolla, MK, Leslie, G, Aalfs, CM, Balleine, R, Baxter, R, Braye, S, Carpenter, J, Dahlstrom, J, Forbes, J, Lee, CS, Marsh, D, Morey, A, Pathmanathan, N, Scott, R, Simpson, P, Spigelman, A, Wilcken, N, Yip, D, Zeps, N, Adank, MA, Adlard, J, Agata, S, Cadoo, K, Agnarsson, BA, Ahearn, T, Aittomäki, K, Ambrosone, CB, Andrews, L, Anton-Culver, H, Antonenkova, NN, Arndt, V, Arnold, N, Aronson, KJ, Arun, BK, Asseryanis, E, Auber, B, Auvinen, P, Azzollini, J, Balmaña, J, Barkardottir, RB, Barrowdale, D, Barwell, J, Beane Freeman, LE, Beauparlant, CJ, Beckmann, MW, Behrens, S, Benitez, J, Berger, R, Bermisheva, M, Blanco, AM, Blomqvist, C, Bogdanova, NV, Bojesen, A, Bojesen, SE, Bonanni, B, Borg, A, Brady, AF, Brauch, H, Brenner, H, Brüning, T, Burwinkel, B, Buys, SS, Caldés, T, Caliebe, A, Caligo, MA, Campa, D, Campbell, IG, Canzian, F, Castelao, JE, Chang-Claude, J, Chanock, SJ, Claes, KBM, Clarke, CL, Collavoli, A, Conner, TA, Cox, DG, Cybulski, C, Czene, K, Daly, MB, de la Hoya, M, Devilee, P, Diez, O, Ding, YC, Dite, GS, Ditsch, N, Domchek, SM, Dorfling, CM, dos-Santos-Silva, I, Durda, K, Dwek, M, Eccles, DM, Ekici, AB, Eliassen, AH, Ellberg, C, Eriksson, M, Evans, DG, Fasching, PA, Figueroa, J, Flyger, H, Foulkes, WD, Friebel, TM, Friedman, E, Gabrielson, M, Gaddam, P, Gago-Dominguez, M, Gao, C, Gapstur, SM, Garber, J, García-Closas, M, García-Sáenz, JA, Gaudet, MM, Gayther, SA, Belotti, M, Bertrand, O, Birot, A-M, Buecher, B, Caputo, S, Dupré, A, Fourme, E, Gauthier-Villars, M, Golmard, L, Le Mentec, M, Moncoutier, V, de Pauw, A, Saule, C, Boutry-Kryza, N, Calender, A, Giraud, S, Léone, M, Bressac-de-Paillerets, B, Caron, O, Guillaud-Bataille, M, Bignon, Y-J, Uhrhammer, N, Bonadona, V, Lasset, C, Berthet, P, Castera, L, Vaur, D, Bourdon, V, Noguès, C, Noguchi, T, Popovici, C, Remenieras, A, Sobol, H, Coupier, I, Pujol, P, Adenis, C, Dumont, A, Révillion, F, Muller, D, Barouk-Simonet, E, Bonnet, F, Bubien, V, Longy, M, Sevenet, N, Gladieff, L, Guimbaud, R, Feillel, V, Toulas, C, Dreyfus, H, Leroux, CD, Peysselon, M, Rebischung, C, Legrand, C, Baurand, A, Bertolone, G, Coron, F, Faivre, L, Jacquot, C, Lizard, S, Kientz, C, Lebrun, M, Prieur, F, Fert-Ferrer, S, Mari, V, Vénat-Bouvet, L, Bézieau, S & et al. 2019, 'The FANCM:p.Arg658* truncating variant is associated with risk of triple-negative breast cancer', npj Breast Cancer, vol. 5, no. 1.
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AbstractBreast cancer is a common disease partially caused by genetic risk factors. Germline pathogenic variants in DNA repair genes BRCA1, BRCA2, PALB2, ATM, and CHEK2 are associated with breast cancer risk. FANCM, which encodes for a DNA translocase, has been proposed as a breast cancer predisposition gene, with greater effects for the ER-negative and triple-negative breast cancer (TNBC) subtypes. We tested the three recurrent protein-truncating variants FANCM:p.Arg658*, p.Gln1701*, and p.Arg1931* for association with breast cancer risk in 67,112 cases, 53,766 controls, and 26,662 carriers of pathogenic variants of BRCA1 or BRCA2. These three variants were also studied functionally by measuring survival and chromosome fragility in FANCM−/− patient-derived immortalized fibroblasts treated with diepoxybutane or olaparib. We observed that FANCM:p.Arg658* was associated with increased risk of ER-negative disease and TNBC (OR = 2.44, P = 0.034 and OR = 3.79; P = 0.009, respectively). In a country-restricted analysis, we confirmed the associations detected for FANCM:p.Arg658* and found that also FANCM:p.Arg1931* was associated with ER-negative breast cancer risk (OR = 1.96; P = 0.006). The functional results indicated that all three variants were deleterious affecting cell survival and chromosome stability with FANCM:p.Arg658* causing more severe phenotypes. In conclusion, we confirmed that the two rare FANCM

Flanagan, F 2019, 'Theorising the gig economy and home-based service work', Journal of Industrial Relations, vol. 61, no. 1, pp. 57-78.
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The history of domestic servants in Australia offers a provocative challenge to the prophets of the digital gig economy. Like home-based service workers today, 19th-and 20th-century domestic servants worked without the protection of minimum wages or hours, unions or independent arbitration and endured perpetually porous boundaries between their work and non-working time, low status and pay. This article argues that digital platforms are instruments of a fundamental shift in the governance of home-based service work, from a system of ‘dyadic’ to one of ‘structural’ domination. Intermediaries played virtually no role in the operation of the former system, but they play a fundamental role in the latter, as aggregators of data about workers’ responsiveness and speed that enable market-based disciplinary mechanisms to operate without reference to public law and across a much larger spatial context than was previously possible. Short-termism and the fungibility of workers are pre-eminent features of the gig economy model, processes which are inherently corrosive to quality caring relationships that demand an atmosphere of trust and non-instrumentality. The historical analysis that is advanced gives rise to a number of implications for the regulation of digital platforms, union responses and industry planning in the future.

Fox, M, Thomson, M & Warburton, J 2019, 'Non‐therapeutic male genital cutting and harm: Law, policy and evidence from U.K. hospitals', Bioethics, vol. 33, no. 4, pp. 467-474.
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AbstractFemale genital cutting (FGC) is generally understood as a gendered harm, abusive cultural practice and human rights violation. By contrast, male genital cutting (MGC) is held to be minimally invasive, an expression of religious identity and a legitimate parental choice. Yet scholars increasingly problematize this dichotomy, arguing that male and female genital cutting can occasion comparable levels of harm. In 2015 this academic critique received judicial endorsement, with Sir James Munby's acknowledgement that all genital cutting can cause ‘significant harm’. This article investigates the harm occasioned by MGC. It is informed by a Freedom of Information (FoI) study which provides some empirical evidence of the nature and frequency of physical harm caused by MGC in U.K. hospitals. While acknowledging the challenges and limitations of FoI research, we outline important lessons that this preliminary study contains for medical ethics, law and policy. It provides some empirical evidence to support claims regarding the risks which accompany the procedure and the obligation of health professionals to disclose them, and reveals the paucity of measures in place to ensure that harms are recorded, disclosed and monitored.

Goldblatt, B 2019, 'Social and economic rights to challenge violence against women – examining and extending strategies', South African Journal on Human Rights, vol. 35, no. 2, pp. 169-193.
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© 2019 South African Journal on Human Rights. Violence against women and poverty are closely connected. Measures to address this violence must tackle the social and economic factors that contribute to gender inequality. Violence against women is now recognised as a human rights violation but this is often understood narrowly in relation to violations of civil and political rights. Social and economic rights offer rich possibilities to look beyond punitive responses to violence to more preventative measures that take account of systemic inequalities. This article examines some of the reasons why these rights have not been sufficiently developed and engaged. Drawing on the views and activities of South African public interest lawyers, researchers and activists working on violence against women as well as those involved with work on gendered poverty and service delivery, it suggests how social and economic rights might be further developed and applied in challenging this violence.

Goldblatt, B & Steele, L 2019, 'Bloody Unfair: Inequality related to Menstruation - Considering the Role of Discrimination Law', SYDNEY LAW REVIEW, vol. 41, no. 3, pp. 293-325.
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Drawing on growing social awareness, activism and scholarship, this article examines menstruation as an equality issue and the implications for discrimination law in Australia. It discusses the complex nature of inequality that arises in relation to menstruation. It also considers intersectional discrimination (when a combination of attributes generates a new form of discrimination) that occurs in relation to menstruation facing different groups: women and girls with disabilities, incarcerated women, and transgender, gender-diverse and intersex people. The article considers how some forms of inequality related to menstruation might be addressed through discrimination law (workplace adjustments and provision of menstrual products in carceral settings) and points to limitations of discrimination law or its application, such as in relation to sterilisation of women and girls with disabilities and strip searching of incarcerated women. It concludes that Australian discrimination law can only have a limited impact in addressing menstrual inequality. This is because: (a) the structure of the law is attribute-based and thus cannot address the complex intersections of sex and other attributes; (b) it cannot address structural inequality; and (c) it cannot adequately contend with embodied and abjected legal subjects. These conclusions have radical implications beyond menstruation inequality in contributing to broader discussions of how law can re-imagine gender difference and advance equality.

Greenleaf, G, Mowbray, A & Chung, P 2019, 'Legal information institutes and AI: Free access legal expertise', Frontiers in Artificial Intelligence and Applications, vol. 317, pp. 199-211.
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The use of Artificial Intelligence (AI) in law has again become of great interest to lawyers and government. Legal Information Institutes (LIIs) have played a significant role in the provision of legal information via the Web. The concept of 'free access to law' is not static, and its principles now require a LII response to the renewed prominence of AI, possibly to include improving and expanding free access to legal advice. This overview of one approach, from justification to implementation, considers the potential for AI-aided free legal advice, its likely providers, and its importance to legal professionalism. The constraints that 'free' imposes lead to the potential roles LIIs may realistically play, and suggested guidelines for development of sustainable systems by free access providers. The AI-related services and tools that the Australasian Legal Information Institute (AustLII) is providing (the 'DataLex' platform) are outlined. Finally, ethical (or governance) issues LIIs need to address are discussed.

Grey, A 2019, 'A polity study of minority language management in China focusing on Zhuang', Current Issues in Language Planning, vol. 20, no. 5, pp. 443-502.
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Grossi, R 2019, 'Law, emotion and the objectivity debate', Griffith Law Review, vol. 28, no. 1, pp. 23-36.
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This article will argue that emotional thinking and decision-making does not lead to an abandonment of objectivity when we drill down and consider what precisely we mean by both emotion and objectivity in law. In doing this I do not necessarily wish either to accept or to challenge the importance that objectivity occupies in our legal thinking, but merely to reconsider its definition and hope for a more nuanced conversation around its significance, purpose and function. I will argue that if we accept a meaning of emotion that connects it to rationality, and if we accept a meaning of objectivity which connects it to our agency, then emotion and objectivity are not opposites, but rather, two mutually reliant and essential parts of legal thinking and legal decision making.

Grossi, R 2019, 'The discomfort of Thorne v Kennedy: Law, love and money', Alternative Law Journal, vol. 44, no. 4, pp. 281-285.
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The 2017 High Court case of Thorne v Kennedy highlighted and sparked discussion around the injustice of financial agreements and when they may constitute unconscionability and undue influence. However, the case also raises another important discussion about the relationship between love and money. This article picks up this conversation. How does society navigate the distinctions we make between economic exchange and romance? Between altruism and commodification? And how should this be manifested in the law in general, and the law governing financial agreements specifically?

Hawes, C 2019, 'The Dao of CSR: Towards a Holistic Chinese Theory of Corporate Social Responsibility', European Journal of East Asian Studies, vol. 18, no. 2, pp. 165-204.
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Abstract Widespread corporate scandals involving corruption, environmental pollution, IP theft and food/product safety demonstrate that Corporate Social Responsibility (CSR) has not yet taken root among Chinese business firms. One major reason is that Chinese managers view CSR as a foreign concept, an externally imposed set of rules, that fails to resonate with their internal worldview. This paper proposes a new approach to CSR based on ‘vital energy’ (qi) circulating within an organically integrated moral cosmos (dao)—a traditional Chinese ecological worldview that overcomes cultural barriers to acceptance, while simultaneously drawing on insights from contemporary behavioural economics and materials science. The paper provides Chinese conceptual tools to transform an externally imposed burden on business firms into an internally generated, ecologically situated, creative and productive corporate evolution.

Heino, B 2019, 'Jason Schulman. Neoliberalism, Labour governments, and working-class power-resources: a tale of the tape', Interface : a Journal for and about Social Movements, vol. 11, no. 1, pp. 237-255.
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The 2007-08 Global Financial Crisis represented a violent close to a two-decadeperiod of ascendant neoliberalism. Although in the aftermath of the crisis thepolitical and economic structures of neoliberalism remain more-or-less intact,the system is enervate, increasingly fragile and, perhaps most importantly,lacking the sense of legitimacy and inevitability which had once been itsarmour: ‘dominant but dead’, in the words of Smith (2010: 54). For the firsttime in years, there is the sense that history is open, that alternatives toneoliberalism are taking shape on both the Right and the Left. Invigorating yet dangerous currents of anger, disenchantment, hope and energy swirl in our polities: invigorating, in that they can be harnessed in the creation of aprogressive and inclusive vision of life after neoliberalism; dangerous, in that such forces can equally be pressed into the service of a resurgent far Right. To realise the former is the pressing task confronting progressive forces across the globe. However, if the Left is to proffer a cogent post-neoliberal future, it must first come to terms with the circumstances of neoliberalism’s birth and the painful truth that social democracy was complicit in its genesis. Only by identifying and acknowledging past mistakes can the ground be cleared for the progressive alternative to neoliberalism that we so sorely need.

Heino, B 2019, 'The Engine of Antipodean Fordism: Australia’s Metal Trades Award, 1947-63', law&history, vol. 6, no. 1, pp. 143-174.
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The thirty-year post-World War II boom in Australia has been described as the era of the antipodean Fordist model of development. Key to the functioning of this model is a ‘lead sector’, an industry or industries that are the source of wage and conditions improvements that subsequently flow-on to workers in the broader labour force. In Australia, the metal trades sector executed this vital function. This article explores the path by which this sector, governed by the Metal Trades Award, became juridically institutionalised as a pace-setter in the practices and methodology of the federal arbitral tribunal between 1947 and 1963. Focussing on several key decisions fixing payments for skill in awards, so-called ‘margins’, it will be seen that, by a process of evolution, the metal trades sector came to dominate marginal wage fixation, and was construed by the federal tribunal as a proxy for the economy at large. In plotting the process by which this lead sector principle took root, the article also reveals a differentiation of this principle into a ‘passive’ and ‘active’ facet.

Hervey, T & Sheldon, S 2019, 'Abortion by telemedicine in the European Union', International Journal of Gynecology & Obstetrics, vol. 145, no. 1, pp. 125-128.
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AbstractThis paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.

Hirsch, AL, Hoang, K & Vogl, A 2019, 'Australia’s Private Refugee Sponsorship Program: Creating Complementary Pathways Or Privatising Humanitarianism?', Refuge, vol. 35, no. 2, pp. 109-122.
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This article provides the first history and critique of Australia’s private refugee sponsorship program, the Community Support Program (CSP). As more countries turn to community sponsorship of refugees as a means to fill the “resettlement gap,” Australia’s model provides a cautionary tale. The CSP, introduced in 2017, does not expand Australia’s overall resettlement commitment but instead takes places from within the existing humanitarian resettlement program. The Australian program charges sponsors exorbitant application fees, while simultaneously prioritizing refugees who are “job ready,” with English-language skills and ability to integrate quickly, undermining the principle of resettling the most vulnerable. As such, we argue that the CSP hijacks places from within Australia’s humanitarian program and represents a market-driven outsourcing and privatization of Australia’s refugee resettlement priorities and commitments.

Hobbs, H 2019, 'Treaty making and the UN Declaration on the Rights of Indigenous Peoples: lessons from emerging negotiations in Australia', The International Journal of Human Rights, vol. 23, no. 1-2, pp. 174-192.
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© 2019, © 2019 Informa UK Limited, trading as Taylor & Francis Group. No treaties between Aboriginal and Torres Strait Islander peoples and the Australian state have ever been recognised. In recent months, however, several states and territories have committed to entering treaty negotiations with the First Nations whose lands they claim. Negotiations are in their preliminary stages and it remains to be seen what eventuates, but these developments are promising. Nonetheless, many challenges exist. In this paper, I explore the initial developments in Victoria, and assess whether and how the United Nations Declaration on the Rights of Indigenous People has influenced the debate thus far. This analysis reveals lessons for all Indigenous peoples seeking to enter treaty negotiations with states across the globe.

Hobbs, H & Williams, G 2019, 'Protecting Religious Freedom in a Human Rights Act', AUSTRALIAN LAW JOURNAL, vol. 93, no. 9, pp. 721-733.
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The legal protection of religious freedom in Australia has been subject to significant debate over recent years. In the last four years this question has formed the basis of inquiries by the Australian Law Reform Commission, a Parliamentary Committee, as well as specially formed Expert Panel, chaired by Philip Ruddock. In this article we outline the international and comparative approach taken to protect freedom of religion, and contrast this to the position in Australia. We find that Australian law does not adequately protect this foundational human right. We then assess the recommendations proposed by the Ruddock Review. We argue that although the Expert Panel recognised the extent of the problem, it did not propose a comprehensive or holistic solution that will resolve existing inadequacies. To protect religious freedom, and indeed human rights more generally, the Commonwealth Parliament should enact a national human rights act.

Hobbs, H & Williams, G 2019, 'The Participation of Indigenous Australians in Legal Education, 2001–18', SSRN Electronic Journal, vol. 42, no. 4, pp. 1294-1327.
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© 2019, University of New South Wales Law Journal. All rights reserved. Indigenous Australians face many challenges in accessing and completing a legal education in Australia. Addressing this problem requires a clear empirical picture. However, no comprehensive study exploring the participation of Indigenous Australians in legal education has been conducted for almost two decades. This article rectifies this by presenting the results of a survey on Indigenous Australian students, graduates and staff members within Australian law schools. We find that while Indigenous Australians are increasingly commencing legal studies and graduating from law school, inequities and challenges persist.

Hobbs, H & Williams, G 2019, 'TREATY-MAKING IN THE AUSTRALIAN FEDERATION', MELBOURNE UNIVERSITY LAW REVIEW, vol. 43, no. 1, pp. 178-232.
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For many generations, Aboriginal and Torres Strait Islander peoples have called for treaties to be negotiated with Australian governments. In the face of Commonwealth inaction, states and territories have commenced treaty processes with Indigenous communities whose traditional lands fall within their borders. This article examines how the United States and Canada have negotiated treaties with Indigenous peoples and details the ongoing Australian processes in order to determine the most appropriate means of entering into treaties in the Australian federation. It concludes that while the state and territory processes are positive and offer the potential to realise valuable outcomes, it is preferable for treaties to be conducted with both federal and subnational governments. This should be undertaken by a Makarrata Commission comprising representatives of Aboriginal and Torres Strait Islander communities and federal, state, and local governments.

Hohmann, J & Joyce, D 2019, 'Material pasts and futures: international law’s objects', London Review of International Law, vol. 7, no. 2, pp. 283-292.
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Objects can offer us a resting point, an opportunity for ‘momentary respite’ in a longer social trajectory. Here, we pause to consider a selection of images of objects addressed in our recent edited collection International Law’s Objects In that broader project there are 40 objects selected by a range of international legal scholars, and each object is used to investigate an aspect of international law, to explore its materiality, its significance and often its history. Five framing chapters also offer reflections on the project as a whole. The book charts a new way of thinking materially about the discipline with consequences for understanding both international law’s past and its future, and our intention here is not to replay and summarise the totality of those contributions, but to share a snapshot of the book and its collective endeavour to navigate and re-examine its 15 material pasts and futures

Hohmann, JM 2019, 'The Elements of Adequate Housing: Grenfell as Violation', Queen Mary Human Rights Law Review, vol. 5, no. 2, pp. 1-15.
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This paper considers the Grenfell Tower fire as a breach of the right to housing by the UK, in contravention of its obligations under international law. I examine how the fire, the underlying housing conditions that at least in part led to it, and the government’s response, breach the elements of the right to housing under the International Covenant on Economic, Social and Cultural Rights. I concentrate on the requirements that housing must be habitable, accessible – particularly for disadvantaged groups – and in an adequate and safe location. In a close analysis of the international legal standards, I clarify the ways the UK breached the right to housing, and how those international legal standards point to its inadequate actions and response for the survivors and victims. In concluding, I suggest that although the government is likely to resist the right to housing, it remains a powerful political tool to demonstrate the government’s lack of care of its people, and its overall legal and policy shortcomings as made strikingly clear by the Grenfell Tower fire.

Johnson, BR, Norman, WV, Keogh, L & Sheldon, S 2019, 'Decriminalisation of abortion in New Zealand and Australia.', N Z Med J, vol. 132, no. 1501, pp. 93-95.

Johnston, B & McCarthy, S 2019, 'Street Law in the 21st Century: Assessing the Impact of the Know the Law Pilot Project', International Journal of Public Legal Education, vol. 3, pp. 27-27.

Kaye, M 2019, 'Accommodating violence in the family courts', Australian Journal of Family Law, vol. 33, no. 2, pp. 100-121.
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In March 2019, the Australian Law Reform Commission final report, Family Law for the Future, was released. The report made 60 wide-ranging recommendations. However, there is not one recommendation directly dealing with the safety of court users in the report. This article considers that cases involving family violence are the ‘new’ normal in the Australian family courts and the standard mode of operation in the court should prioritise safety in the court system. As such, the lack of focus of safety in the recent Australian Law Reform Commission final report is extremely disappointing. The article draws upon interviews with children’s lawyers to provide the context of how the courts are currently experienced in relation to safety. In particular, the article considers the facilities for the protection of victims of violence within the court precincts and the availability of modified arrangements in court for giving evidence for victims of violence.

Kaye, M 2019, 'The increasing demands on the role of children's lawyers in family law proceedings in Australia', Child and Family Law Quarterly, vol. 2019, no. 2, pp. 143-163.
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In Australia, lawyers are appointed by courts to represent a child’s best interests in private family law disputes. They are generally appointed in cases at the more complex end of the family law spectrum. As the complexity of matters in the family court system has increased, the caseload of children’s lawyers is also becoming more complex and their role has expanded This paper examines the ramifications for a family law system that has become more reliant on children’s lawyers despite research highlighting concerns about the capacity and quality of some children’s lawyers. This article draws on the author’s small‐scale qualitative study of the perceptions of children’s lawyers particularly in relation to cases involving family violence and self‐represented litigants to explore the strains placed on their role. I suggest that judges will continue to increasingly rely on children’s lawyers who are being placed more in the role of “Counsel Assisting the court” as opposed to acting as the child’s representative.

Kirkby, D & Jordan, C 2019, '“These Labourers in the Field of Public Work”: Librarians, Discrimination and the Meaning of Equal Pay', Labour History, vol. 117, no. 1, pp. 79-108.
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Librarianship has long been recognised as a numerically female-dominated occupation. Despite demonstrating a standard pattern of a sex-segregated labour force, it has suffered neglect in historical studies of women’s work. This article positions Australia’s librarians in the history of white-collar public service workers, and librarianship as illustrative of important themes of twentieth-century women’s labour history. For smart, educated, ambitious women, librarianship offered professional standing, economic security and opportunity for advancement. Strategies of overt discrimination, however, deliberately kept women librarians out of senior administrative positions and confined them to the lower-paying jobs. Librarians in state and municipal libraries worked under public service regulations that established a dual labour market of wages and conditions for clerical and professional workers. Key decisions between 1918 and 1922 explicitly advantaged men in recruitment, wages and promotion, denying women similar opportunities. Studying the history of women librarians sheds new light on the meaning of professional workers’ struggle for equal pay.

Kirkby, D & Ostapenko, D 2019, '‘Second to None in the International Fight’: Australian Seafarers Internationalism and Maritime Unions Against Apartheid', Journal of Contemporary History, vol. 54, no. 2, pp. 442-464.
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The participation of trade unions in the anti-apartheid movement is a subject which arguably merits more attention. This article brings into focus a group of unionists whose activism against apartheid was in the forefront of key initiatives. Drawing on new research the argument recounts the role of Australian seafarers on the international stage, particularly its association with the World Federation of Trade Unions (WFTU), and shows how knowledge of events in South Africa passed from the WFTU to educate the union membership. By the 1980s, Australian seafarers were taking the lead in bringing European unionists together in united action to enforce the United Nations' embargo on oil supplies to South Africa by founding a new organization, the Maritime Unions Against Apartheid (MUAA). Reconstructing these events demonstrates two aspects of significance: the growing importance of monitoring shipping as an anti-apartheid strategy coordinated and led by European unions, which we point out relied on ships’ officers and crews for knowledge, and the breaking down of the ideological divide between the WFTU and the anti-Communist International Confederation of Free Trade Unions (ICFTU) working together in the MUAA. The article contributes new understanding of connections between anti-apartheid activism and its Cold War context.

Landrigan, M 2019, 'Israel Folau and Rugby Australia - A What Not to Do Guide to Mediation About Religious Speech', Communications Law Bulletin, vol. 38, no. 2, pp. 15-15.

Leary, D 2019, 'Agreeing to disagree on what we have or have not agreed on: The current state of play of the BBNJ negotiations on the status of marine genetic resources in areas beyond national jurisdiction', Marine Policy, vol. 99, pp. 21-29.
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United Nations General Assembly Resolution 69/292 has committed States to develop an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The instrument must address a ‘package deal’ including questions relating to access and benefit sharing in relation to marine genetic resources (‘MGRs’) in areas beyond national jurisdiction (‘ABNJ’). This paper examines the recommendations to the UN General Assembly of the recently convened Preparatory Committee (Prep-Comm) to negotiations of the international instrument relating to MGRs. It examines the less controversial issues which in the words of the Prep Comm includes “non-exclusive elements that generated convergence among most delegations” and notes significant areas of agreement and some consequences of agreement on those points. This includes the preamble to the proposed instrument, its geographical scope, material scope, relationship to UNCLOS and other instruments and frameworks (globally and regionally). The second part of the paper then goes on to examine in detail some of the main issues on which there is a divergence of views including the ideological divide over the purported common heritage of mankind status of such resources, regulating access, the nature of the resources covered by the proposed instrument, what benefits are to be shared, the relationship with intellectual property rights and monitoring of the utilization of MGRs in ABNJ.

Leary, D 2019, 'Greenpower and renewable energy: Consumer protection, trade practices and energy market regulation in Australia', Environmental and Planning Law Journal, vol. 36, no. 2, pp. 113-126.
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Green power schemes, operating outside of government mandatory renewable energy schemes, provide a means by which electricity consumers are assured that by paying an additional premium on top of ordinary electricity prices the energy supplier will source an equivalent amount of electricity generated from renewable sources. The schemes do not provide renewable energy per se to consumers but give the consumer confidence the energy supplier will source an equivalent amount of energy from renewable sources. This article examines green power in Australia and its accreditation scheme. It examines the origin and growth of GreenPower in Australia. Rules relating to eligibility for accreditation under the GreenPower scheme are then examined. It is argued that a significant benefit of this scheme is the way it incorporates wider environmental and sustainability concepts because of its requirements for environmental impact assessment for projects seeking accreditation. The process of accreditation, ongoing verification and monitoring of this voluntary scheme has had considerable success in ensuring consumer confidence has been maintained. Provisions of the Competition and Consumer Act 2010 (Cth) (CCA) provide a backup legislative sanction should the mechanisms of the GreenPower scheme fail, but these powers have rarely been used, attesting to the success of the GreenPower scheme.

Lenta, P 2019, 'Amnesty and Mercy', Criminal Law and Philosophy, vol. 13, no. 4, pp. 621-641.
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© 2019, Springer Nature B.V. I assess the justification for the granting of amnesty (the exempting of classes of offenders from criminal liability) in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or practice’s amounting to mercy lends it justificatory support, while its qualifying as mercy under certain morally neutral definitions provides no basis for considering it justified.

Lenta, P 2019, 'Transitional Justice and Retributive Justice', Ethical Theory and Moral Practice, vol. 22, no. 2, pp. 385-398.
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© 2019, Springer Nature B.V. Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable democracies, claims in her recent book on transitional justice that retributivism is inapplicable in the circumstances of transitional justice. I argue that the four arguments she provides in support of this claim are unsuccessful and that retributivism, assuming it to be a tenable rationale for punishment, justifies the subjection of perpetrators of at least some serious human rights abuses to sanctions in at least some transitional societies.

Lewis, S & Thomson, M 2019, 'Social bodies and social justice', International Journal of Law in Context, vol. 15, no. 03, pp. 344-361.
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AbstractThis paper identifies and engages with thesocial bodiesemerging by virtue of the social turn in the life sciences and recent embodied approaches to social justice. Across these diverse domains, bodies are being narrated as shaped by and dependent on their environments. To explore this potentially important and productive convergence, we bring Martha Fineman's vulnerability theory into conversation with neuroscience and environmental epigenetics. We foreground significant intersecting concerns and argue that vulnerability theory – and other embodied models of social justice – is strengthened by taking embodiment seriously, including attending to the social turn in the life sciences. This can enhance the potential traction of these progressive theories. These in turn provide an alternative theoretical framework to the neoliberal lens through which neuroscience and epigenetics have hitherto been translated into policy and practice. We nevertheless acknowledge the potential limitations and dangers of the current biopolitical landscape.

Lindsay, D & Hogan, J 2019, 'An Australian Perspective on AI, Ethics and its Regulatory Challenges', Journal of Law & Economic Regulation, vol. 11, no. 2, pp. 116-127.
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The development of ethical or responsible AI poses significant regulatory and policy challenges, including those focused on how to balance the need for promoting technological innovation against ensuring that harms to individual and social rights and interests are minimised. Balancing these competing imperatives self-evidently depends upon the ethical or regulatory frameworks from which policy issues are identified and analysed. This article introduces, surveys and evaluates Australian policy responses to the ethical and legal challenges posed by Artificial Intelligence (AI), with a focus on emerging Australian AI and ethics frameworks.

Martin, F, Cahill, A, Wright, E & Stoianoff, N 2019, 'An international approach to establishing a Competent Authority to manage and protect traditional knowledge', Alternative Law Journal, vol. 44, no. 1, pp. 48-55.
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This article discusses the establishment of a Competent Authority in accordance with the Nagoya Protocol to ensure that traditional knowledge of Indigenous communities is accessed subject to free, prior and informed consent and the fair and equitable sharing of benefits arising out of such use. It builds on research expressing the view that the design and development of a Competent Authority should take a grass roots approach. It analyses the authorities established in the Cook Islands and Vanuatu that include significant Indigenous voice and concludes with comments on the attributes of each system and its limitations.

McGaughey, F, Hartley, L, Banki, S, Duffill, P, Stubbs, M, Orchard, P, Rice, S, Berg, L & Kerdo, PP 2019, '‘Finally an academic approach that prepares you for the real world’: simulations for human rights skills development in higher education', Human Rights Education Review, vol. 2, no. 1, pp. 70-93.
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Effectively addressing violations of human rights requires dealing with complex, multi-spatial problems involving actors at local, national and international levels. It also calls for a diverse range of inter-disciplinary skills. How can tertiary educators prepare students for such work? This study evaluates the coordinated implementation of human rights simulations at seven Australian universities. Based on quantitative and qualitative survey data from 252 students, we find they report that human rights simulation exercises develop their skills. In particular, students report that they feel better able to analyse and productively respond to human rights violations, and that they have a greater awareness of the inter-disciplinary skills required to do so. Overall, this study finds that simulations are a valid, scalable, classroom-based work integrated learning experience that can be adapted for students at undergraduate and postgraduate level, across a range of disciplines and in both face-to-face and online classes.

McWilliam, N, Tridgell, J & Bell, H 2019, 'Court-Referred Alternative Dispute Resolution and Judicial Education in Australia: Perspectives from the Bench', Australian Law Journal, vol. 93, no. 11, pp. 938-950.
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Drawing upon a study examining the perspectives of 104 Australian judges (including magistrates), this article explores judges' perceptions of their understanding and education of Court-Referred Alternative Dispute Resolution (CADR). While CADR is increasingly recognised as part of a judge's role, levels of formal alternative dispute resolution training are low in Australia. Nevertheless, judges frequently learn about CADR processes in other ways, particularly practical experience in their legal careers before and after their appointment to the Bench. Judicial perspectives on the level of understanding required and the relevance of CADR often vary depending on cultural and other factors, including court level and type of matters. These factors significantly influence judicial engagement with CADR and, consequently, their knowledge and experience of CADR. By listening to judicial perspectives on CADR education, whether its successes or shortfalls, the Australian judicial system can effectively shape CADR policy in the future.

Methven, E 2019, 'Cheap and Efficient Justice? Neoliberal Discourse and Criminal Infringement Notices', University of Western Australia Law Review, vol. 45, no. 2, pp. 65-98.
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Criminal infringement notices (CINs) are now a familiar component of thecriminal justice system, especially in the policing of public order and minor offences. Successive Australian state and territory governments have implemented CIN schemes with the objective of reducing administrative demands and trial backlogs, cutting down on paperwork, freeing up police time, saving costs and keeping police ‘on the beat’. This article examines how CINs have been rationalised on the basis of neoliberal economic values, which have overshadowed ordinary criminal justice concerns of morality and responsibility. It focuses on theintroduction of criminal code infringement notices in Western Australia for two offences: disorderly behaviour, and steal anything up to the value of $500. The author argues that there is a need to recognise—and to resist—the encroachment of neoliberal economisation discourses into the realm of criminal law.

Methven, E 2019, 'DANCING WITH DEATH: WHY THE NSW HOMICIDE OFFENCE OF DRUG SUPPLY CAUSING DEATH MAY CAUSE MORE HARM THAN GOOD', CRIMINAL LAW JOURNAL, vol. 43, no. 3, pp. 215-227.
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In November 2018, the New South Wales government rushed a new homicide offence of 'drug supply causing death' through Parliament. It is now a crime – punishable by up to 20 years' imprisonment – for a person to supply a prohibited drug for financial gain where another person self-administers the drug and dies. The offence was implemented in response to drug-related deaths at music festivals. While similar provisions exist in the United States, the crime of drug supply causing death is the first of its kind to be enacted in Australia. This article critically examines the new offence. I critique the haste with which the legislation was introduced and identify problems that may arise in relation to prosecutions, especially with regard to proof of causation and mens rea. I argue that this 'law and order' response to drug-related harms is not only unjustified; it may also do more harm than good.

Methven, E 2019, 'The controversial case of Lawyer X: Should lawyers be prevented from acting as human sources?', Alternative Law Journal, vol. 44, no. 2, pp. 93-99.
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This article addresses whether there are sufficient constraints on legal professionals acting as police informants, following the controversial ‘Lawyer X’ case. It examines key observations of the High Court of Australia in AB v CD; EF v CD [2018] HCA 58 relating to lawyers’ and barristers’ duties to their clients and to the court. It argues that existing professional rules and common law duties are insufficient to prevent legal advocates from acting as human sources. The author also suggests implications arising from the decision for the application of public interest immunity to human sources.

Methven, E & Vogl, A 2019, 'Australia's Asylum Seeker Code of Behaviour', Asylum Insight.
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In December 2013 the Australian government introduced a code of behaviour for all asylum seekers released from mandatory, indefinite detention and living in the Australian community. The Code of Behaviour for Subclass 050 Bridging (General) visa holders (‘the Code’), now in operation for over five years, applies to all so-called ‘illegal maritime arrivals’ who apply for or seek to renew a bridging visa in order to be released from immigration detention. To be granted a bridging visa, this group of asylum seekers must sign the Code, and are thereafter bound by a ‘list of expectations’ regarding how to behave ‘at all times’ while in Australia. The Code’s expectations range from obeying the law, to refraining from spreading rumours, swearing in public, bullying anyone or lying to government officials. The Code’s introduction fits within a policy framework of punishment and deterrence applied to asylum seekers who arrive in Australia by boat and without authorisation. It functions to expand state surveillance and control over ‘illegal maritime arrivals’ and introduces a new mechanism to re-detain and punish asylum seekers living in Australia. As at December 2018, 15674 asylum seekers classed as ‘unauthorised maritime arrivals’, many of whom arrived between 2011 and 2014, were still living in the community on short-term bridging visas.

Millbank, J 2019, 'Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters?', Federal Law Review, vol. 47, no. 4, pp. 631-654.
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Since 2010, a national scheme regulates the registration, accreditation and discipline of health professionals in Australia (the ‘National Law’). This research examines disciplinary cases from tribunals nationwide to address the question: Has the national regulation of health professionals produced consistency in outcomes in serious cases of professional misconduct? All publicly available Australian tribunal-level decisions concerning complaints of serious misconduct and/or impairment brought against the five most populous regulated health professions (nurses and midwives, doctors, psychologists, pharmacists and dentists) were analysed for the period from 1 July 2010 to 30 June 2017. Each case was coded by reference to a typology of misconduct, practitioner characteristics and outcome, allowing for comparisons to be drawn both as between the professions and as between jurisdictions. Major disparities were identified in outcomes across the professions, with doctors being subject to less severe outcomes than other professions, in particular in comparison with nurses, even when the same main head of misconduct was in issue. Marked disparities were also identified between outcomes in different states and territories, suggesting that the National Law is not being applied in a uniform manner. This article examines these disparities and explores possible contributing factors.

Millbank, J 2019, 'Serious Misconduct of Health Professionals in Disciplinary Tribunals Under the National Law 2010–2017'.

Nicholls, R 2019, 'Limiting Access, Limited Blocking: Evidence and Practice in s 115A Injunctions', AUSTRALIAN INTELLECTUAL PROPERTY JOURNAL, vol. 30, no. 2, pp. 114-128.

Nicholls, R 2019, 'The Legitimacy and Responsiveness of Industry Rule-making', AUSTRALIAN BUSINESS LAW REVIEW, vol. 47, no. 4, pp. 326-328.

O’Connell, K 2019, 'Can Law Address Intersectional Sexual Harassment? The Case of Claimants with Personality Disorders', Laws, vol. 8, no. 4, pp. 34-34.
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Sexual harassment across multiple grounds, including race, disability, sexuality and age, remains an entrenched problem that is poorly dealt with in law. Prevalence rates for intersectional sexual harassment are higher for certain groups, while legal redress is low. This paper examines case law on sexual harassment in Australia where there are intersectional factors and asks whether the “intersectionality” section inserted into the federal Sex Discrimination Act in 2011 has impacted legal practice and decision-making. In particular, it considers the situation of sexual harassment claimants with behavioural and personality traits that are considered “disordered” and the specifically gendered disability stereotypes that shape their treatment in law. Recent cases in Australia dealing with the sexual harassment of people with personality disorders show that intersectionality provisions of sexual harassment laws may in fact be used to undermine a legal claim by a person with disability rather than strengthen it. This article argues that an intersectional legal feminist perspective on harassment is needed for the law to work.

Rawling, M & Schofield-Georgeson, E 2019, 'Industrial legislation in Australia in 2018', Journal of Industrial Relations, vol. 61, no. 3, pp. 402-420.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.

Riley, S 2019, 'Listening to nature's voice: invasive species, Earth jurisprudence and compassionate conservation', Asia Pacific Journal of Environmental Law, vol. 22, no. 1, pp. 117-136.
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Humanity's land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans have played in species’ classifications. As societies grapple to manage the unstable environments they have created, they have also started to realize that standards set by paradigms, such as sustainable development, do not sufficiently engage with the efficacy or ethics of existing practices. This article argues that a synthesis of law and science, drawn respectively from emerging paradigms, such as the Great Law of Earth jurisprudence and principles of compassionate conservation, can help guide environmental regimes towards more effective and ethical outcomes. From a legal perspective, the Great Law subordinates human law to a metaphorical nature's voice, while from a scientific perspective the scientific underpinnings of compassionate conservation identify that voice. Although compassionate conservation injects empathy into the decision-making processes, it is a form of empathy based on science that commences from the stipulation that regulators should first do no harm. It is a call that is specifically relevant to invasive species, where current regulation is based on harming certain species, while simultaneously overlooking environmental threats generated by humans. By using science to identify nature's voice, and law to listen to that voice, regulators can start to design regimes that work with nature, rather than trying to reconstruct and dominate it.

Riley, S 2019, 'The Changing Legal Status of Cats in Australia: From Friend of the Settlers, to Enemy of the Rabbit, and Now a Threat to Biodiversity and Biosecurity Risk', Frontiers in Veterinary Science, vol. 5.
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Robinson, C 2019, 'An Early Response to Regulatory Changes under the Insolvency Law Reform Act 2016 (Cth): A Survey of Registered Liquidators and Registered Trustees', Insolvency Law Journal, vol. 27, no. 4, pp. 211-227.

Rock, E 2019, 'MISFEASANCE IN PUBLIC OFFICE: A TORT IN TENSION', MELBOURNE UNIVERSITY LAW REVIEW, vol. 43, no. 1, pp. 337-368.

Schaffner, JE, Wandesforde-Smith, G, Wolf, PJ, Levy, J, Riley, S & Farnworth, MJ 2019, 'Editorial: Sustaining Innovation in Compassionate Free-Roaming Cat Management Across the Globe: A Decadal Reappraisal of the Practice and Promise of Trap-Neuter-Vaccinate-Return (TNVR)', Frontiers in Veterinary Science, vol. 6.
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Sheldon, S, Davis, G, O'Neill, J & Parker, C 2019, 'The Abortion Act (1967): a biography', Legal Studies, vol. 39, no. 1, pp. 18-35.
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AbstractIn this paper, we set out what it means to offer a ‘biography’ of a law, illustrating the discussion through the example of the Abortion Act (1967), an important statute that has regulated a highly controversial field of practice for five decades. Biography is taken as a useful shorthand for an approach which requires simultaneous attention to continuity and change in the historical study of a law's life. It takes seriously the insight that written norms are rooted in the past, enshrining a certain set of historically contingent values and practices, yet that – as linguistic structures that can impact on the world only through acts of interpretation – they are simultaneously constantly evolving. It acknowledges the complex, ongoing co-constitution of law and the contexts within which it operates, recognising that understanding how law works requires historical, empirical study. Finally, it suggests that consideration of a law can offer a unique window through which to explore these broader contexts.

Silink, AJ 2019, 'The Trustee's Indemnity as 'Property of the Company' under the Corporations Act 2001 (Cth): Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth', JOURNAL OF BANKING AND FINANCE LAW AND PRACTICE, vol. 30, no. 4, pp. 272-296.

Simmonds, A 2019, 'Courtship, Coverture and Marital Cruelty: Historicising Intimate Violence in the Civil Courts', Australian Feminist Law Journal, vol. 45, no. 1, pp. 131-157.
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© 2019, © 2019 Australian Feminist Law Journal Inc. What would the history of intimate violence look like if we traced it through the civil courts rather than the criminal courts? How did legal categories relevant to civil proceedings, such as a promise, seduction, consent and coverture, interact to create violable female bodies? In a field heavily dominated by studies of criminal trials, this paper redirects scholarly attention to civil actions used by women in the past to protest male violence and female suffering. This article reveals how the law continued to sanction intimate violence at the very moment when it purportedly sought to restrain it, through the case study of disgraced politician Myles McRae, who in the 1890s was petitioned by his wife Clara McRae for divorce on the grounds of marital cruelty and adultery, and whose mistress Ilma Vaughan then sued him for breach of promise of marriage and assault. The 1890s, much like the present, was a time when public space opened up to allow for discussion of gender violence and legal reform promised women change, yet intimate abuse continued to be legitimated through law. I argue that the law’s sanctioning of violence can best be explained through a more complex understanding of coverture–a doctrine that began not at the marital altar, as is usually claimed, but during courtship and whose effects persisted long after divorce and property reform dissolved the doctrine of marital unity. Thinking of coverture more as a constellation of ideas than as a block legal category allows us to more accurately assess its continuation at the very instance of its supposed dissolution.

Simmonds, A 2019, 'Sex Smells: Olfaction, Modernity and the Regulation of Women's Bodies 1880–1940 (Or How Women Came to Fear Their Own Smells)', Australian Feminist Studies, vol. 34, no. 100, pp. 232-247.
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© 2019, © 2019 Informa UK Limited, trading as Taylor & Francis Group. This article analyses representations of deodorising products in Australian women's magazines from 1880 to 1940 to examine how women were encouraged to fear their own smells and mistrust their own bodies. I argue that the transition to modernity witnessed a reduction in olfactory tolerance that fell along class and gender lines. Smells were imbued with new cultural meanings that served to reinforce women's subordinate status and to pathologise women's bodies on the supposed eve of their emancipation. As public space was increasingly democratised, smell was invoked to police social divisions and to render them culturally intelligible. As such, this article brings feminist history and the history of sexuality into dialogue with the history of the senses to redirect scholarly attention to the politics of smell. It also challenges dominant interpretations of modernity that emphasise the primacy of the visual.

Somes, T 2019, 'Identifying vulnerability: the argument for law reform for failed family accommodation arrangements', Elder Law Review, vol. 12, pp. 1-39.
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The identification of a social problem as a legal need rather than as some other sort of problem altogether is dependent on the place that law occupies in the society concerned, and especially the extent to which legalism permeates social consciousness. To identify a problem as a legal need is to make a particular judgement about appropriate solutions to that problem and then to recast the conception of the problem to accord with the nature of the proposed solution.

Steele, L, Swaffer, K, Phillipson, L & Fleming, R 2019, 'Questioning Segregation of People Living with Dementia in Australia: An International Human Rights Approach to Care Homes', Laws, vol. 8, no. 3, pp. 18-18.
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This article explores how care homes—and, specifically, their common features such as dementia care units and locked doors and gates—impact on the human rights of people living with dementia. We suggest that congregation, separation and confinement of people living with dementia by the care home built environment constitute ‘segregation’. In the specific context of residential aged care facilities in Australia, we draw on the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) to frame this segregation as an injustice. We focus on the rights to non-discrimination (Article 5), liberty and security of the person (Article 14), equality before the law (Article 12), accessibility (Article 9), and independent living and community inclusion (Article 19). Our analysis shows that addressing segregation must involve structural and resource reforms that are transformative in bringing about new ways of living and relating to each other. Such reforms are directed towards providing meaningful alternatives and appropriate supports to make choices from a range of alternative residency and support options, and building communities that are free from ableism, ageism and other systems of oppression that contribute to confinement and segregation.

Stewart, B 2019, 'Business as Usual?: The Limited Influence of Climate Change Disclosure and Fiduciary Duties on the Low-Carbon Investment Practices of Canada's Big 10 Public Pension Funds', Journal of Environmental Law and Practice, vol. 33, no. 2, pp. 93-93.

Stewart, P & Stuhmcke, A 2019, 'Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia', Sydney Law Review, vol. 41, no. 1, pp. 35-71.
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This article presents the findings of the first systematic and comprehensive study to probe a substantial tranche of applications for special leave to appeal to the High Court of Australia. Special leave to appeal is discretionary and a case must satisfy the public interest test in s 35A of the Judiciary Act 1903 (Cth) to be granted leave to appeal. This article presents findings as to the characteristics of the litigants and legal representatives involved in special leave applications. The data reveals high numbers of self-represented applicants and low numbers of legally aided applicants, as well as disproportionate success rates for those litigants who enjoy an advantage because of greater resources and litigation experience. The study also highlights a striking lack of diversity in both applicants and lawyers appearing in special leave applications. These are all matters that are outside the control of the High Court and that have an effect on the nature and flow of the Court’s appellate work. The study demonstrates that a High Court appeal is, in many cases, restricted to well-resourced litigants and that there are significant access to justice issues for self-represented litigants due to the limited availability of legal aid.

Stoianoff, NP 2019, 'Indigenous Knowledge Governance: Developments from the Garuwanga Project', Intellectual Property Forum, no. 117, pp. 9-23.
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The protection of Indigenous knowledge and cultural expressions has become a major topic in Australian law reform in recent years. This has occurred in two streams, one which is predicated on intellectual property rights and the other from the perspective of environment and heritage regulation. The latter is grounded in Australia’s obligations under the Convention on Biological Diversity (“CBD”). While the former has its impetus from Australia’s engagement with the World Intellectual Property Organization (“WIPO”) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (“IGC”), the IGC was established in 2000 in response to the WIPO and United Nations Environment Programme (responsible for the introduction of the CBD) jointly commissioned “study on the role of intellectual property rights in the sharing of benefits arising from the use of biological resources and associated traditional knowledge”. IP Australia has led the developments on the intellectual property front while the Australian states and territories have led developments on the environment and heritage front.This article reports on the outcomes of the Garuwanga Project commencing with an outline of the study undertaken to compare nearly 70 nations with access and benefit sharing regimes. The article explains the development of key governance principles for the evaluation of governance structures and provides a summary of the Discussion Paper that formed the basis of the “on Country” community consultations. An overview of the outcomes of those consultations is provided with a summary of project conclusions.

Tranter, K & Anthony, T 2019, 'RACE, AUSTRALIAN COLONIALISM AND TECHNOLOGIES OF MOBILITY IN KALGOORLIE', University of Western Australia Law Review, vol. 45, no. 2, pp. 99-135.
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This article argues that the legal texts that record the death of Indigenous boy Elijah Doughty in a reserve in Kalgoorlie-Boulder in 2016 highlights the intersections of technologies of mobility within the Australian colonial project. Elijah died when the small motorcycle he was riding was run over by a large utility vehicle driven by the non-Indigenous assailant, 'WSM'. This occurred within a wider social media centred context of racist anxieties and hate speech directed towards Indigenous children being in public and mobile around Kalgoorlie-Boulder. Elijah's death and the subsequent legal reactions, to Indigenous protests, to the endurance of social media racist hate speech directed to Kalgoorlie-Boulder's Indigenous children, to determining the location of the trial and who can speak at the trial, to the concern and pity expressed towards 'WSM', shows how technologies of mobility, reinstate and bolster colonial mobilities and their destructive effects on Indigenous people.

Van Rijswijk, H & Vogl, A 2019, 'Across Islands and Oceans: Re-imagining Colonial Violence in the Past and the Present', Law and Critique, vol. 30, no. 3, pp. 293-311.
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© 2019, Springer Nature B.V. The three texts addressed in this review essay challenge us to question and creatively re-imagine the representation of material spaces at the centre of the colonial project: oceans, islands, ships and archives. Elizabeth McMahon deconstructs the island and its metaphorics, charting the relationship of geography, politics and literature through the changing status of islands, as imagined by colonists, beginning in the Caribbean and ending in Australia. Renisa Mawani destabilises colonial geography by re-animating the ocean and presents, amongst others, the ship and the ocean, as both method and juridical form. Writing against the ‘free sea’, Mawani addresses the imperial reliance on control of the ocean and the intensive juridification of the sea. Stewart Motha re-imagines law’s aggressive acts of adjudication, and challenges its originary fictions by exploring the logic, aesthetics and violence of legal processes that preserve and disavow the past at the same time. Each monograph considers the imaginaries, fictions and material geographies of colonialism, alongside how these imaginaries have been used as sites of counter-claim and resistance by those subjected to their technologies.

Vijeyarasa, R 2019, 'A missed opportunity: How Australia failed to make its modern slavery act a global example of good practice', Adelaide Law Review, vol. 40, no. 3, pp. 857-866.
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The internationalisation of supply chains is an inevitable part of modem production. Despite being the subject of extensive debate globally, including at the UN-level, accountability for exploitation in those supply chains remains a challenge. Over the last few years, several countries have enacted legislation to regulate and hopefully eradicate associated exploitation, often referring to 'modern slavery'. There is some degree of agreement that 'modem slavery' encompasses forms of forced labour, debt bondage and forced marriage, but it is frequently - and often loosely - used to encompass broader forms of exploitation GBP36 million - around 13,000 corporations - to report on the steps they have taken to identify instances of slavery and trafficking in their supply chain or in any part of their businesses, or to disclose a failure to undertake such due diligence. Meanwhile, in 2016, the Netherlands introduced the child labour due diligence law which will take effect on 1 January 2020, while the French adopted their 'Duty of Vigilance Law' in February 2017. The French law has a wider scope but establishes concrete obligations to prevent exploitation within the supply chains of large multinational firms carrying out a significant part of their activity in France. The European Union is governed by both the EU Non-Financial Reporting Directive, which requires the management of around 8,000 large European companies to disclose their policies, risks and responses related to respect for human rights, as well as an EU Regulation laying down supply chain due diligence obligations in mining.

Vijeyarasa, R 2019, 'A move in the Right Direction? The Model Law against Trafficking in Persons and the ILO Operational Indicators', International Migration, vol. 57, no. 1, pp. 177-191.
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AbstractWhile the Palermo Protocol sought to offer the global community the first‐ever definition of trafficking and the parameters for who constitutes a victim, the result was an inaccurate, ill‐defined and cumbersome definition that fails to match the realities of the phenomenon. Since 2000, two other international instruments were drafted: the UNODC Model Law against Trafficking in Persons and the ILO Operational Indicators on Trafficking in Human Beings. This article navigates through various hypothetical scenarios to demonstrate the limitations of the Palermo Protocol in accommodating the autonomy exercised by victims of trafficking in the process of migrating into exploitative work and the more accurate picture of the victim offered by these newer instruments. By identifying the strengths in international law when it comes to trafficking and the problems that remain, this article offers potential solutions to how international law can better reflect trafficking and victimhood.

Vijeyarasa, R 2019, 'Making the law work for women: Standard-setting through a new Gender Legislative Index', Alternative Law Journal, vol. 44, no. 4, pp. 275-280.
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This article is premised on the fact that every area of law needs a gender perspective. It discusses the prospects for a Gender Legislative Index, a tool to enable us to evaluate and score legislation, by placing laws on a scale from gender-regressive to gender-responsive, when set against global benchmarks from international law – primarily CEDAW. In doing so, this article defines and defends the need for gender-responsive legislation, showing how a common set of standards for global good practice can be developed and the shortcomings, but also advantages, of an online tool to benchmark, score and rank laws.

Watson, N 2019, 'Deadly detectives: How aboriginal Australian writers are re-creating crime fiction', AlterNative: an international journal of indigenous peoples, vol. 15, no. 1, pp. 75-81.
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Watson, N 2019, 'Deadly detectives: how Aboriginal Australian writers are re-creating crime fiction', AlterNative: An International Journal of Indigenous Peoples, vol. 15, no. 1, pp. 75-81.
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The depiction of Aboriginal people in Australian detective novels has always been problematic. In colonial crime stories, Aboriginal people were typically represented as dangerous brutes and noble savages. Today, overtly demeaning stereotypes are less common, but Aboriginal characters still tend to lack complexity and perform subservient roles. In recent decades, Aboriginal writers have chosen to reclaim the genre and transform it into a space of empowerment. Their primary tool is the trope of characters that bring Aboriginal voices to the centre of the narrative. This trope is evident in protagonists that are engaged with political issues that affect their communities, and who experience racism as pervasive. Aboriginal detectives often suffer from the legacies of the former child removal policy. The reconciliation of such individuals with their kin and ancestral homelands will often occur in tandem with the resolution of the crime.

Watson, N 2019, 'The Role of Place in Indigenous Australian Crime Fiction', Australian Feminist Law Journal, vol. 45, no. 2, pp. 225-231.
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Whittaker, A & Watson, N 2019, 'First Nations Women: Law, Power, Story', Australian Feminist Law Journal, vol. 45, no. 2, pp. 179-184.
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Wilkinson, G 2019, 'Mitey Marks and Expressive Uses of Culturally Significant Trade Marks in Australia', AUSTRALIAN INTELLECTUAL PROPERTY JOURNAL, vol. 30, no. 1, pp. 46-69.
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Trade marks are important and valuable because they can benefit the interests of owners, consumers and the public. However, they can also impermissibly restrict the human right to freedom of expression. One example of freedom of expression restriction occurs when individuals seek to make expressive use of well-known marks on blogs. This article uses the example of expressive use of the well-known Vegemite mark on an opinion blog entitled Straylemite to consider how Australian trade mark legislation deals with expressive uses of well-known marks and whether those restrictions are permissible restrictions on freedom of expression. It compares the limited legislative protection for freedom of expression in Australia to American and European jurisdictions that have fundamental protection of freedom of expression for individuals as well as broader protection regimes available for well-known marks. Approaches to addressing freedom of expression concerns raised by trade mark protection in these jurisdictions are considered. To reduce the restrictions for freedom of expression posed in the blog example, a statutory fair expressive use defence to infringement is proposed to balance the competing interests engaged by trade mark protection.

Booth, T, Wangmann, J & Kaye, M 1970, ''Stop that crying right now': exploring the experiences of self-represented victims of domestic violence in Australian family law courtrooms.', 3rd European Conference on Domestic Violence, Oslo, Norway.

Kaye, M, Booth, T & Wangmann, J 1970, 'Consent and Consent orders', Positioning the Politics of Consent in Law and History, University of Technology Sydney.

Kaye, M, Wangmann, J & Booth, T 1970, 'How do Self-Represented Litigants obtain information when embarking upon and becoming embroiled in family law proceedings?', Voluntary Assisted Dying: Law? Health? Justice?, University of Technology Sydney.

Mowbray, A, Chung, P & Greenleaf, G 1970, 'Utilising AI in the Legal Assistance Sector – Testing a Role for Legal Information Institutes', SSRN Electronic Journal, First International Workshop on AI and Intelligent Assistance for Legal Professionals in the Digital Workplace, Elsevier BV, Montreal, QC, Canada, pp. 12-18.
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Copyright © 2019 for this paper by its authors. The use of artificial intelligence (AI) in law has again become of great interest to lawyers and government. Legal Information Institutes (LIIs) have played a significant role in the provision of legal information via the web. The concept of ‘free access to law’ is not static, and its principles now require a LII response to the renewed prominence of AI, possibly to include improving and expanding free access to legal advice. This paper proposes, and proposes to test, one approach that LIIs might take in the use of AI (specifically, ‘decision support’ or ‘intelligent assistance’ (IA) technologies), an approach that leverages the very large legal information assets that some LIIs have built over the past two decades. This approach focuses on how LIIs can assist providers of free legal advice (the ‘legal assistance sector’) to serve their clients. We consider the constraints that the requirement of ‘free’ imposes (on both the legal assistance sector and on LIIs), including on what types of free legal advice systems are sustainable, and what roles LIIs may realistically play in the development of such a ‘commons of free legal advice’. We suggest guidelines for development of such systems. The AI-related services and tools that the Australasian Legal Information Institute (AustLII) is providing (the ‘DataLex’ platform) are outlined.

Robinson, C 1970, 'INSOL International Academics' Colloquium- Presentation: Empirical Studies regarding Insolvency Practitioners', Singapore.

Vijeyarasa, R 1970, 'A 20 year struggle: The outcomes of a 25% quota for women in local government in Sri Lanka', Women in Asia Conference: Women in an era of anti-elitism, University of New South Wales.

Vijeyarasa, R 1970, 'Sex workers, sweatshops and seasonal pickers: How women’s experiences and voices feature in Australia’s modern slavery regulatory regime', UNSW Innovate Rights: New Thinking on Business and Human Rights, UNSW Sydney.

Walsh, M, Rigney, D & Bell, D 1970, 'Exchanging Ideas: First Nations Consensus in Constitutional Reform, Nation Building and Treaty Making Processes', Ngara Yuri Exchanging Ideas Symposium, Ngara Yura Committee of the Judicial Commission of NSW, the Bar Association of NSW and the Law Society of NSW, Museum of Applied Arts and Sciences (MAAS) – Powerhouse Museum 500 Harris St, Ultimo.

Anthony, T NSW Parliament 2019, Submission to the NSW Special Commission of Inquiry into the Drug Ice, Sydney.
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This submission arises from the findings of an Australian Research Council (ARC) Project that I lead on the criminal sentencing of Aboriginal women in New South Wales. This research is guided by a group of Aboriginal women from organisations and services that provide support for Aboriginal women. The group is known as sista2sista. As part of the ARC research, we have interviewed and surveyed 40 Aboriginal women in NSW correctional centres, held focus groups with 40 lawyers from Aboriginal legal services who represent Aboriginal women in cities and towns in various parts of NSW and interviewed 8 judicial officers at all levels of NSW courts.The main issues are identified are as follows:First, Aboriginal women in NSW prisons have consistently told us that issues relating to drugs, including ‘ice’, arise due to deep-seated trauma and grief. Second, Aboriginal women in prison need to part of the policy discussion as they experience some of the worst consequences of using this drug, including its criminogenic effects. Third, our research has found that drug taking is a minor issue facing Aboriginal women in prison, who associate their concerns and identifies more with their roles as mothers, grandmothers, sisters and partners. I caution the ‘Ice Inquiry’ against associating the drug with Aboriginal people. Finally, Aboriginal women, lawyers and judges have expressed that where there is a need for rehabilitation for drug use, there are few options for Aboriginal women.

Berg, L & Farbenbelum, B MWJI 2019, Living Precariously: Understanding International Students' Housing Experiences in Australia, Sydney.
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Buckingham Shum, S, Vincent, N, Lindsay, D, Potts, M, Anderson, T, Carnemolla, P, Cottee, P & Doran, B Australian Human Rights Commission’s Human Rights and Technology Issues Paper 2019, Human Rights and Technology Issues Paper: UTS Submission, Australian Human Rights Commission’s Human Rights and Technology Issues Paper.

Hoang, K, Kneebone, S, Ogg, K & Vogl, A Workshop on Community Sponsorship UTS UNSW 2019, Summary Report and Outcomes of Workshop on Community Refugee Sponsorship in Australia and Future Research Directions, Sydney.

Hobbs, H & Williams, G Queensland Department of Aboriginal and Torres Strait Islander Partnerships 2019, Submission to the Department of Aboriginal and Torres Strait Islander Partnerships Path to Treaty Consultation 2019, Queensland Department of Aboriginal and Torres Strait Islander Partnerships.

Lee, K & Rock, E Centre for Professional Legal Education Bond University 2019, The Impact of Information Technologies on the Teaching of Administrative Law, pp. 1-12, Robina Queensland.

Lee, K & Wilding, D UTS 2019, Industry Bodies and Schemes in the Communications Sector: Rule-making Frameworks and Consumer and Citizen Engagement, pp. i-69, Sydney, Australia.

Lee, K & Wilding, D Australian Communications Consumer Action Network 2019, Responsive Engagement: Involving Consumers and Citizens in Communications Industry Rule-making, pp. 1-110, Sydney, Australia.

Molitorisz, S, Fray, P & Marshall, C Centre for Media Transition 2019, Trust & News Media in Australia: A Qualitative Study, Centre for Media Transition.

Randolf, M, Vogl, A, Methven, E & Weber, L Border Crossing Observatory 2019, Australia's Asylum Seeker Code of Behaviour: A statistical analysis, no. Border Crossing Research Brief No. 15, Melbourne.

Randolph, M, Vogl, A, Methven, E & Weber, L Border Crossing Observatory 2019, Australia's Asylum Seeker Code of Behaviour: A Statistical Analysis, Border Crossing Observatory Research Brief No. 15.

Schofield-Georgeson, E NSW Government 2019, Submission on behalf of the NSWCCL to the NSW Special Commission of Inquiry into the Drug 'Ice', Sydney.

Schofield-Georgeson, E Parliament of Australia 2019, Submission to the Australian Senate Legal and Constitutional Affairs Committee Inquiry into the Criminal Code (Agricultural Protection) Bill 2019, Sydney.

Wellard, M & Silink, A N/A 2019, Response to Discussion Paper and Privacy Impact Assessment Data Sharing and Release Reforms, Data Sharing and Release Legislative Reforms Discussion Paper, Office of the National Data Commissioner.

Wilding, D & Fray, P Centre for Media Transition 2019, Impact of the Exercise of Law Enforcement and Intelligence Powers on the Freedom of the Press: Submission to the Parliamentary Joint Committee on Intelligence and Security, Impact of the Exercise of Law Enforcement and Intelligence Powers on the Freedom of the Press, pp. 1-8, Sydney.

Wilding, D, Fray, P, Molitorisz, S & Kruger, A Centre for Media Transition 2019, Submission to Treasury - Digital Platforms Inquiry, pp. 1-7, Sydney, Australia.

Wilding, D, Molitorisz, S, Meese, J & Fray, P Centre for Media Transition 2019, Submission to Australian Competition and Consumer Commission, Digital Platforms Inquiry – Preliminary Report, Digital Platforms Inquiry, pp. 1-15, Sydney.

Adams, M 2019, 'Accidental Company Secretary', Governance Institute of Australia, Governance Institute of Australia.

Heino, B 2019, 'Midway upon the journey', Progress in Political Economy.
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Shortlisted for the 2018 Overland Fair Australia Prize

Pietsch, T, Lancaster, E, Rosenman, O & Carr-Catzel, J 2019, 'Reading the Signs', Law's Way of Knowing, History Lab.
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When was the last time you were asked to sign something and did you stop to think how the strange squiggly mark you make on a page could be used?The signature is a performative act, crucial to the law’s way of knowing, but it’s also been used as a tool of oppression.In this episode of History Lab we hear from a boy who was stolen, the man who took him away and the judge who was asked to decide if a mother’s thumbprint was a sign of consent.From the Yirrkala Bark Petitions in 1963 to the Uluru Statement from the Heart in 2017 Aboriginal people have been reclaiming this marker of individual identity to represent the many and speak back to an empire.

Vijeyarasa, R 2019, 'Gender Legislative Index', Gender Legislative Index, https://www.genderlawindex.org/.

Alexander, I 2019, 'Art and Modern Copyright by Elena Cooper. Cambridge: Cambridge University Press, 2018, 304 pp (£85.00). ISBN: 978-1-10-717972-1.', Cambridge University Press (CUP), pp. 739-741.
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Biber, K 2019, 'Book review: Carolyn McKay, The Pixelated Prisoner: Prison Video Links, Court ‘Appearance’ and the Justice Matrix', SAGE Publications, pp. 389-391.
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Boersma, M, Berg, L & Nolan, J 2019, 'Message to Coles, Woolworths: Act now to end modern slavery', The New Daily.

Booth, T 2019, 'Victim participation rights: victims across criminal justice systems', Informa UK Limited, pp. 525-527.
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Calitz, J & Mason, R 2019, 'INSOL International Academic Group Newsletter - Reflections on NUS Researching in Insolvency Workshop'.

Dehm, S 2019, 'The evidence is clear: the medevac law saves lives. But even this isn’t enough to alleviate refugee suffering', The Conversation.

Dehm, S & Vogl, A 2019, 'Refugee Rejection is More Complex than a Soundbite: why the Tamil family should stay', Sydney Morning Herald.
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The complexity of refugee determinations cannot be reduced to a soundbite. Legal decisions about refugee status are not an inevitable reflection of the truth or merits of a person’s asylum claims. They are made in the context of a legal system that has been deliberately set up to accelerate asylum decision-making, to deny acces to legal advice to people seeking asylum and to limit the legal options of those who have arrived by boat.

Genovese, A, Luker, T & Rubenstein, K 2019, 'The Court as Archive', ANU Press, Canberra.
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Goldblatt, B 2019, 'More than unpopular. How ParentsNext intrudes on single parents’ human rights', The Conversation.

Goldblatt, B 2019, 'Violence against Women and Social and Economic Rights - Deepening the Connections'.
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Paper presented to Australia New Zealand Society of International Law Conference

Goldblatt, B & Steele, L 2019, 'Law's Menstrual Moment'.

Heino, B 2019, '‘Your push is what makes the wheels turn’: Class, crime and law in colonial New South Wales', SAGE Publications, pp. 362-367.

Heino, B 2019, 'Fear and the polis in Sophocles’ Ajax', Progress in Political Economy.

Heino, B 2019, 'Optimates vs populares: Lucan on Trumpism', Progress in Political Economy.
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Originally appearing in Progress in Political Economy, 24 April 2019.

Hobbs, H 2019, 'As the federal government debates an Indigenous Voice, state and territories are pressing ahead', The Conversation.

Hohmann, J & Joyce, D 2019, 'International Law’s Objects', pp. 1-576.
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International law’s rich existence in the world can be illuminated by its objects. International law is often developed, conveyed, and authorized through its objects and/or their representation. From the symbolic (the regalia of the head of state and the symbols of sovereignty), 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 their image, both as evidence (satellite images, bones of the victims of mass atrocities) and to found authority (for instance, maps and charts). This volume considers these questions: firstly what might the study of international law through objects reveal? What might objects, rather than texts, tell us about sources, recognition of states, construction of territory, law of the sea, or international human rights law? Secondly, 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. Thirdly what objects, icons, and symbols preoccupy the profession and academy? The personal selection of these objects by leading and emerging scholars worldwide will illuminate the contemporary and historical fascinations of international lawyers. By considering international law in the context of its material culture the authors offer a new and exciting theoretical perspective on the subject.

Kaye, M & Wangmann, J 2019, 'We don’t need another inquiry into family law – we need action', The Conversation.

Lee, K & Wilding, D 2019, 'Consumer and Citizen Engagement in Self-regulation and Co-regulation: An Industry Stock Take', Communications & Media Law Association, Sydney, pp. 27-31.

Methven, E 2019, 'CHEAP AND EFFICIENT JUSTICE? NEOLIBERAL DISCOURSE AND CRIMINAL INFRINGEMENT NOTICES'.
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Criminal infringement notices (CINs) are now a familiar component of the criminal justice system, especially in the policing of public order and minor offences. Successive Australian state and territory governments have implemented CIN schemes with the objective of reducing administrative demands and trial backlogs, cutting down on paperwork, freeing up police time, saving costs and keeping police 'on the beat'. This article examines how CINs have been rationalised on the basis of neoliberal economic values, which have overshadowed ordinary criminal justice concerns of morality and responsibility. It focuses on the introduction of criminal code infringement notices in Western Australia for two offences: disorderly behaviour, and steal anything up to the value of $500. The author argues that there is a need to recognise - and to resist - the encroachment of neoliberal economisation discourses into the realm of criminal law.

Methven, E 2019, 'Lawyer X and police informants: what is a lawyer’s duty to their client and are there exceptions?', The Conversation.
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The police-informer relationship has come under scrutiny in the case of Lawyer X – a barrister who acted as counsel for a number of prominent criminal defendants. Victoria police initially reported Lawyer X had been registered as an informant between 2005 and 2009. This week, it was revealed Lawyer X was first registered as early as 1995. Victorian Premier Daniel Andrews announced a Royal Commission in December, 2018 to determine if any criminal convictions have been affected by the scandal. The Commission is also expected to assess whether changes need to be made to how Victoria Police manages informants in the future. The High Court criticised Lawyer X’s actions as “fundamental and appalling breaches” of her obligations to her clients and to the court. And Victoria police were admonished for their “reprehensible conduct in knowingly encouraging” the barrister to inform against her clients. So, what are the obligations of a lawyer to their client, and what rules govern a police-informer relationship?

Molitorisz, S 2019, 'Berkutat masalah privasi: Facebook ingin seperti WhatsApp, tapi detailnya belum jelas', The Conversation.
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Pendiri Facebook Mark Zuckerberg menulis 3.000+ kata awal Maret lalu, menguraikan visi baru untuk jejaring sosial tersebut. Hanya ada satu pertanyaan kecil: Facebook, siapakah Anda?

Molitorisz, S 2019, 'Misunderstanding News Audiences: Seven Myths of the Social Media Era, Eiri Elvestad and Angela Phillips (2018)', Intellect, pp. 141-142.
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Molitorisz, S 2019, 'Privacy pivot: Facebook wants to be more like WhatsApp. But details are scarce.', The Conversation.
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Facebook founder Mark Zuckerberg delivered a 3,000+ word post last week, spelling out a new vision for the social network. It prompts just one small question: Facebook, who are you? Zuckerberg’s essay, entitled “A privacy-focused vision for social networking”, signals a radical shift. Since its launch in 2004, Facebook has encouraged openness, connection and sharing. But now, it would be “privacy-focused”, featuring encrypted services and content that “won’t stick around forever”.

Munton, J 2019, 'New house rules: landmark ruling could trigger other workers' compensation claims from reality TV stars', The Conversation.
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Short article explaining the the rights of reality TV stars when found to be employees

Priest, N, Chong, S, Truong, M, Sharif, M, Dunn, K, Paradies, Y, Nelson, J, Alam, O, Ward, A & Kavanagh, A 2019, 'Findings from the 2017 Speak Out Against Racism (SOAR) student and staff surveys', No. 3/2019.

Riley Munton, J 2019, 'Politics, Religion and Job Security'.
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Paper presented at the Law Society of Tasmania Employment Law Conference

Schofield-Georgeson, E 2019, 'Book Review: Regulation Theory and Australian Capitalism by Brett Heino', SAGE Publications, pp. 386-387.
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Steele, L 2019, 'The Past is Always Present: Institutions as Sites of Conscience'.

Steele, L & Goldblatt, B 2019, 'Menstruation and Disability: Legal Dynamics'.

Steele, L & Goldblatt, B 2019, 'Surfacing Consent in Law’s Menstrual Moment'.

van den Hoven, E, Miller, L, Orth, D & van Rijswijk, H 2019, 'Panel on Remembering Relationships, Big Thinking with UTS, VIVID Ideas and Talks'.
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Panel members: Prof. Elise van den Hoven, Dr Laurie Miller, Daniel Orth and Moderator: Dr. Honni van Rijswijk (25-05-2019), Museum of Contemporary Art, Sydney.

Vogl, A & Dehm, S 2019, 'The Ethics of Academic Publishing and International Migration’s ‘Policy Interview’ with Australia’s Minister for Home Affairs', Border Criminologies (https://www.law.ox.ac.uk/research-subject-groups/centre-criminology/centreborder-criminologies/blog/2019/02/ethics-academic).

Vogl, A & Hirsch, A 2019, 'Community members should be able to sponsor refugees for the right reasons, not to save the government money', The Conversation.

Walsh, M 2019, 'Symposium First Nations Consensus in Constitutional Reform, Nation Building and Treaty Making Processes'.
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How does the Uluru Statement from the Heart and Nation (re) building intersect conceptually when considering notions of concensus.

Wangmann, J 2019, 'Has he been violent before? Domestic violence disclosure schemes'.
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Invited presentation as part of the NSW Women's Legal Service Feminist Legal Perspectives Seminar Series

Wilding, D 2019, 'Defamation in the Digital Age has Morphed into Litigation between Private Individuals', The Conversation.

Wilding, D & Fray, P 2019, 'Protecting National Security is not about Criminalising Reporters', The Australian.

Wilding, D & Fray, P 2019, 'Review of Model Defamation Provisions – Discussion Paper: Submission to Council of Attorneys-General', Centre for Media Transition, Sydney, pp. 1-10.

Wilding, D & Molitorisz, S 2019, 'Digital Platforms: Why the ACCC’s Proposals for Google and Facebook Matter Big Time', The Conversation.
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The Competition and Consumer Commission is worried about the ability of the platforms we use to determine the news we read.

Wilding, D & Molitorisz, S 2019, 'The Law is Closing in on Facebook and the “Digital Gangsters'', The Conversation.