for Journals by Title or ISSN
for Articles by Keywords
help
  Subjects -> LAW (Total: 1456 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (49 journals)
    - CORPORATE LAW (89 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (146 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (184 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (872 journals)
    - LAW: GENERAL (9 journals)

LAW (872 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
(En)clave Comahue. Revista Patagónica de Estudios Sociales     Open Access  
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 2)
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 45)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal on Conflict Resolution     Open Access   (Followers: 22)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access   (Followers: 1)
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 22)
Akron Law Review     Open Access   (Followers: 5)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 5)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 58)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 6)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 3)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 12)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
ASEAN Journal of Legal Studies     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access   (Followers: 1)
Atti della Accademia Peloritana dei Pericolanti - Classe di Scienze Giuridiche, Economiche e Politiche     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 13)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 21)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 4)
Badamai Law Journal     Open Access   (Followers: 2)
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 8)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 28)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 14)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Boletín Instituto de Derecho Ambiental y de los Recursos Naturales     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 4)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 21)
California Western Law Review     Open Access   (Followers: 4)
Cambridge Law Journal     Hybrid Journal   (Followers: 197)
Cambridge Yearbook of European Legal Studies     Full-text available via subscription  
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 11)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 5)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
CMU Journal of Law and Social Sciences     Open Access   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 11)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 20)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 44)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 5)
DePaul Law Review     Open Access   (Followers: 3)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access   (Followers: 1)
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 3)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 21)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 14)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 21)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 14)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
Adelaide Law Review
Journal Prestige (SJR): 0.122
Number of Followers: 23  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0065-1915
Published by RMIT Publishing Homepage  [395 journals]
  • Volume 40 Issue 1 - Celebration of volume 40: Sixty years on!
    • Abstract: Kirby, Michael
      The world into which the first volume of the 'Adelaide Law Review' emerged was significantly different from the world of today.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The 'Adelaide Law Review' at (volume) 40: Reflections
           and future directions
    • Abstract: Stubbs, Matthew
      It is an enormous pleasure and privilege to introduce this special issue to mark the publication of volume 40 of the Adelaide Law Review. In the 59 years since its establishment in 1960, the Adelaide Law Review has become the pre-eminent home of legal scholarship in South Australia, and its alumni (consisting of former academic and student editors) have made remarkable contributions to the law not only in Adelaide but around Australia and the world.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Constitutional law and the 'Adelaide Law Review'
    • Abstract: Williams, John M
      Academic journals chronicle not just the emergence of ideas, but also the historical context of their development. The first tentative exploration of the discipline, the rise and fall of doctrine, and the inevitable reassessment of existing truths are all made manifest in the pages of the journal.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - 135 years: Reflections on the past, present and future
           of Adelaide Law School
    • Abstract: Rathjen, Peter
      At 8:45am on Tuesday 3 April 1883, the University of Adelaide's first law students made their way to the first floor of the Mitchell Building to begin their Bachelor of Laws degree.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Reflections on publishing the 'Adelaide Law Review'
    • Abstract: Moore, Anthony
      For many centuries law libraries and persons such as judges, legal practitioners, academics and law students have relied on published material. The earliest of this material includes statutes and accounts of cases dating back to at least the 13th century, as well as commentaries - such as Sir William Holdsworth's 'A History of English Law' - attempting to review legal principles in general or in a specific area such as the law of contract. The existence of this material has helped to establish the doctrine of precedent, whereby current principles of law are based on previous decisions. The printing of books or collections of material is a huge advance in this process. A similar reliance on printed material emerged in university law schools, promoting the analysis of legal principles and their philosophical or moral base. In the United States, eminent law schools published law journals or reviews for this analysis as it related to particular decisions, statutes or current issues. In Australia, the older law schools began to publish their own law reviews in the second half of the 20th century. The practice was readily adopted by newer schools.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - 40 is the new 20: The changing contours of the
           'Adelaide Law Review'
    • Abstract: Andreotti, Christian; Nicholls, Holly
      For millennia, age has been something of a pariah. The prospect of growing older is often accompanied by fear or stoic denial, as we strive to maintain the perceived relevance associated with youth. Ironically, this desire to escape the effect of time is an ancient phenomenon, Herodotus having written of the legendary 'fountain of youth' during the 5th century BCE. Since the time of Herodotus, gerascophobia has crystallised into a cultural universal truth, encapsulated by the timeless words of The Beatles, who asked.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Legal scholarship today
    • Abstract: Gava, John
      On the surface, legal scholarship in Australia today is flourishing. Never before have we seen so much diversity nor have we seen so much being published in our law journals. But if we consider the nature of law and legal scholarship, it will become apparent that much of what is published is inappropriate, misguided, or unnecessary.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The value of the 'Adelaide Law Review' from a student
           editor perspective
    • Abstract: Dunning, Isabella; Nikoloudakis, Irene; Georgeson, Caitlyn
      While law reviews might appear from the outside to be a purely academic exercise, a means for university professors to reach their publishing quota, or a way for a law school to display its strong history and reputation, for the law students that sit on their editorial bodies they mean a lot more. As previous Student Editors and subsequent Associate Editors of the 'Adelaide Law Review' ('ALR'), we can attest to the fact that being on its editorial body was one of the most challenging and rewarding experiences of our time at law school. Being Student Editors helped us to think critically and question the law, develop an eye for detail, hone our writing and research skills, build our self-confidence and develop a sense of camaraderie with our fellow Student Editors. The experience also gave us a unique insight into the utility and value of law reviews more broadly. In this article we share our experience of being Student Editors of the 'ALR' and how the experience has benefited us in our professional lives, in which we have collectively worked as judges' associates, research assistants, solicitors in commercial law firms and in-house legal advisors in government.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Ruminations on personal injury law since 1960
    • Abstract: Keeler, John
      The first issue of the 'Adelaide Law Review' came out in 1960, the same year that I began my undergraduate law course in England under the guidance of Arthur Rogerson. In the final term of my first year we studied torts, and I made my first acquaintance with Fleming on Torts, recommended by Arthur as the most stimulating of the texts though not confined to English law. One other comment he made that stays in the memory from that term is that for the practicing lawyer, 'Donoghue v Stevenson' was not the most important torts case of the interwar period: he gave that as being 'Wilsons and Clyde Coal Co Ltd v English'. This gave an emphasis to personal injury law which reinforced Fleming's view of the function of tort law.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Isaiah Berlin and Adolf Hitler: Reflections and
           personal recollections
    • Abstract: Lucke, Horst Klaus
      When the editors of the 'Adelaide Law Review' asked me to contribute to 'Reflections and Future Directions' - the motto of this issue - I was honoured by the invitation. My association with the University of Adelaide and its Law School has lasted for almost 60 years. It has given me a life full of interest and of opportunities. I look back on it with a sense of affection and gratitude.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Norval Morris and the 'new manslaughter' in 'the
           Adelaide Law Review'
    • Abstract: Leader-Elliott, Ian
      The first issue of the 'Adelaide Law Review' in 1960 opens without preamble or dedication. In that respect, it resembles the initial issues of other university law reviews of the same era. The Adelaide Law Review Association had been established by Norval Morris (1923-2004) in the preceding year, early in his tenure as Dean of the Faculty of Law. The first issue of the Review includes his discussion of 'A New Qualified Defence to Murder', a partial defence which resulted in what he was later to call 'the new manslaughter'. It is a significant essay for it brings within its compass a pantheon of tutelary deities of Australian criminal law in the late 20th century and it addresses issues of continuing concern in criminal responsibility for unlawful homicide. The pantheon to which I refer includes Sir Owen Dixon (1886-1972), Sir John Barry (1903-69), Glanville Williams (1911-97) and Colin Howard (1928-2011), who was recruited by Norval Morris to the Adelaide Law School in 1960. A prelude to Howard's significant monograph on Strict Responsibility, entitled 'Not Proven', appears in a subsequent issue of vol 1 of the Review.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - South Australia's role in the space race: Then and now
    • Abstract: de Zwart, Melissa
      It would surprise most people to learn of Australia's almost forgotten role in the space race of the Cold War Era. Whilst many people are familiar with the name Woomera, few have any knowledge that it was from this remote South Australian township that an Australian satellite constructed at the University of Adelaide was launched into space on an American rocket, making Australia the fourth country in the world to launch a satellite from its own territory.1 What we do know is that little followed from this first bold experiment. Australia certainly went on to become a major provider of ground services, famously celebrated in the beloved Australian movie 'The Dish', but few Australians regard Australia as a potential site for space launches even now at the dawn of the new era of commercial space.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Where do a bird and a fish build a house': An
           alumna's view on a reconciled nation
    • Abstract: Mason, Andrea
      As a former student of the University of Adelaide Law School, this law school's gift to me was buckets of guidance on how to think critically about the foundations of Australian society, to find a way through complex issues and to stimulate new perspectives and ways of thinking, drawn from these reflections.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Colonial logic and the Coorong massacres
    • Abstract: Watson, Irene
      Soon after I enrolled to study law in 1979, I read Stephen Lendrum's article about the 1840 Coorong massacre in the 'Adelaide Law Review'. I belong to the land and peoples of the Coorong, and had been aware of the Coorong massacre from stories told to me by my family and elders. I had an Aboriginal worldview of the colonial frontier. The Coorong massacre occurred after 26 new settlers, who had survived the 'Maria' shipwreck, died at the hands of Coorong Tanganekald Milmendjeri people. A punitive expedition was dispatched from Adelaide, and the number of First Nations Peoples' lives lost to the punitive mission remains unknown. Our Aboriginal oral history maintains that it was many. The punitive mission might have been intended to bring the offenders to 'justice', but it was an unlawful process under British law, and unlawful in respect of Aboriginal law. The British did not declare martial law at the time, and two Aboriginal men were executed without trial.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Of titles and testaments: Reflections of an American
           reader of the 'Adelaide Law Review'
    • Abstract: Orth, John V
      From the point of view of an American lawyer, two Australian innovations in the law of property stand out: titles by registration and the dispensing power in the law of wills. Both originated in South Australia, and both are the subject of articles in the 'Adelaide Law Review'. Both spread rapidly to other Australian states and throughout the Commonwealth. But in the United States, despite some early success, neither achieved widespread adoption. Readers of the 'Adelaide Law Review', who doubtless view titles by registration and the dispensing power as obvious improvements on earlier property law, may be surprised by American exceptionalism. But in both cases the new entrants encountered entrenched practices which, while seemingly less eligible, nonetheless successfully resisted displacement.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Publish 'and' collaborate: An invitation
    • Abstract: Babie, Paul
      On 7 December 2015, the Commonwealth Government announced the $1.1 billion National Innovation and Science Agenda ('NISA'). Aimed at embracing innovation, technology and science as critical components to powering the economy so as to provide jobs and higher living standards for all Australians, the NISA '[set] a focus on science, research and innovation as long-term drivers of economic prosperity, jobs and growth'. Following this announcement, then Prime Minister Malcolm Turnbull suggested that the NISA would mean that 'publish or perish will be replaced by collaborate or crumble'. Christopher Pyne, then Minister for Industry, Innovation and Science, added that the government would 'abolish publications as the chief reason why you attract research grants' and flagged an intention to 'change that into research impact'. In a press conference on 18 December 2015, Malcolm Turnbull extemporised at length about the benefits of this new approach:

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Human rights protections: Need we be afraid of the
           unelected judiciary'
    • Abstract: Branson, Catherine
      On 14 December 2018, the Australian Human Rights Commission announced a new major project titled Free and Equal: An Australian Conversation on Human Rights. The project asks the community 'what makes an effective system of human rights protection for 21st century Australia'' It seems inevitable that this project will reopen debate on whether the Commonwealth Parliament should enact a Human Rights Act.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - How laws are made
    • Abstract: Chapman, Vickie
      The man who united modern Germany, Otto von Bismarck, (in)famously stated that to retain respect for sausages and laws, one must not watch them in the making.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Feminist interventions into international law: A
           generation on
    • Abstract: Gardam, Judith
      Volume 19 of the 'Adelaide Law Review', published in 1997, contains the papers of a symposium held at the University of Melbourne Law School in September 1996 entitled 'Feminist Interventions into International Law'. The opening address of the symposium was presented by Christine Chinkin, currently Professor Emerita at the London School of Economics. Professor Chinkin is a pre-eminent international lawyer and is acknowledged as being at the forefront of bringing the lens of Western feminism to bear on her discipline. In her 1997 address, written some six or seven years after feminism first found its voice in international law at a conference at the Australian National University in 1990, Professor Chinkin assessed to what extent gains had been made in developing an international legal system that 'takes seriously the interests of all women'. In her address she also identified potential challenges to further progress. As an aside, it is worth noting that the thoughts Professor Chinkin expressed at that time are still cited by scholars and remain as influential today as they were then.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
      Issue No: Vol. 19 (2019)
       
  • Volume 40 Issue 1 - International law in Australia revisited
    • Abstract: Crawford, James; Cameron, Rose
      Congratulations to the 'Adelaide Law Review' on reaching its fortieth anniversary! Reading through the issues of the Review since its inception takes one of us (Crawford) back to days as a Student Editor in the late 1960s, then as a Staff Editor in the 1970s; to articles on public law,1 and to preparing the edition in honour of Chief Justice Bray.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - A bail review
    • Abstract: Hinton, Martin
      'All stand'. As I made my way to the centre of the bench I glanced at the large flat screen fixed to the wall. There could be seen the applicant, a young Aboriginal man, 26 years of age, dressed in prison issue garb. My eyes travelled to the coat of arms hanging on the wall behind the bench - 'Dieu et mon droit' - a reminder, if anyone needed one, that in this courtroom the power of the coloniser vested in the colonists that first came to this land, and imposed on those who first owned the land, was to be exercised by a successor in title. Unabashed, unapologetic, 'Dieu et mon droit'. So much for reconciliation. So much for recognition.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The 'age of statutes' and its intersection with
           fundamental principles: An illustration
    • Abstract: Shaw, Marie; Doyle, Ben
      The half-century or so since the first edition of the 'Adelaide Law Review' coincides with what has come to be known as the 'age of statutes'.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Alternative dispute resolution and access to justice
           in the 21st century
    • Abstract: Bochner, Katrina
      In 1997, Lord Woolf delivered his 'Access to Justice' report to Parliament. The report came at the end of a lengthy review of the civil justice system in England and Wales, and as a result of complaints about the unwieldy system in place at that time. He identified the problems that he found with the system as follows:

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Succession law: Reflections and directions
    • Abstract: Gray, Thomas
      Succession law impacts the lives of all Australians. The transfer of property from one generation to the next is a rite of passage, and the making of a will is considered a 'social norm'.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - South Australian administrative law: 40 years on
    • Abstract: Bannister, Judith
      It is often instructive to pause and look back at a little history to understand how contemporary law functions. This special issue for volume 40, issue one of the Adelaide Law Review offers an excellent opportunity to do that for administrative law. The Adelaide Law Review was established in 1960, but it was not until the 1970s that administrative law featured within its pages. In 1977 Michael Harris, then Senior Lecturer in Law at the University of Adelaide, surveyed recent developments in South Australian administrative law in an article in volume 6. The 1970s was an important time for administrative law in Australia, and in 1977 the 'revolution' that came to be known as the 'new administrative law' was underway, at least at a Commonwealth level. The 1970s were also a decade of major social and legal change in South Australia, but with the exception of the appointment of the first Ombudsman, administrative law reform would be a much slower process in this State. Despite some early recommendations by the Law Reform Committee of South Australia, judicial review of administrative action in South Australia did not follow the codification project commenced by the Commonwealth. With some procedural modifications, South Australia has preserved its common law foundations. The State offers an interesting vantage point from which to observe the waxing and waning of the influence of statutory judicial review in other jurisdictions, the codification of grounds and the resurgence of jurisdictional error.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Ordinary corporate vices and the failure of law
    • Abstract: Corcoran, Suzanne
      This paper had its beginning in an unpublished paper I gave more than 20 years ago. I was looking at the problem of corporate governance and expectation gaps. My particular focus was the difficulty, in the context of corporate governance principles, of legislating in such a way that ethical considerations would become part of the mainstream of corporate decision-making. The examples I used to illustrate the problem were drawn from the behaviour of Australian banks. One can ask, has the world changed at all'

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Penal designs and corporate conduct: Test results from
           fault and sanctions in Australian cartel law
    • Abstract: Fisse, Brent
      Several papers in the 'Adelaide Law Review' in the 1970s, and much of my other research work in Adelaide and elsewhere, reflect the basic postulate that corporate criminal law and corporate civil penalties are unlikely to be effective unless they reflect the nature of corporate conduct. The present law in Australia, as in other jurisdictions, has yet to come fully to grips with that postulate. Many gaps remain to be surveyed, filled and built upon. The scope for further exploration, design, and construction is very large.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - The law, equality and inclusiveness in a culturally
           and linguistically diverse society
    • Abstract: Perry, Melissa
      Among the many contributions made to Australian legal scholarship of its first 39 volumes, the Adelaide Law Review has highlighted issues facing culturally diverse groups in the community in a series of important contributions analysing Indigenous Australians' experience of the legal system in relation to customary law1 and criminal justice, and in legal education.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Youth justice and the age of criminal responsibility:
           Some reflections
    • Abstract: White, Margaret
      Twenty six years ago, in an article published in this journal, Christopher Darby concluded that the implementation of a 'justice' model for young offenders by enactment of the Young Offenders Act 1993 (SA) had done little to improve protections afforded under the previous 'welfare' based regime. Across Australia, at about that time, the perceived failures of the 'care' approach suggested that the justice model, ameliorated by special rules for children, would be more fit for purpose. Australia had ratified the 'United Nations Convention on the Rights of the Child' ('Convention') just a few years earlier in December 1990.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Reflecting on the waters: Past and future challenges
           for the regulation of the Murray-Darling basin
    • Abstract: Webster, Adam
      The regulation of the waters of the Murray-Darling Basin has caused tension between New South Wales, South Australia and Victoria since before Federation. It is an issue that evokes strong emotions in South Australian politicians, 1 sometimes leading to threats of litigation to resolve these tensions.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 40 Issue 1 - Regtech: A new frontier in legal scholarship
    • Abstract: Waye, Vicki
      Digital disruption is rolling across a succession of industries, and along the way transforming the social, economic and legal landscapes. The combination of big data, artificial intelligence, cloud computing and robotics is not only disrupting specific legal doctrines and practices, but is also beginning to impact the manner and process of engagement between regulators and the regulated. These changes are being driven as much by growing regulatory intensity and complexity and the escalating costs of regulatory compliance, as by the digital technologies themselves. One commentator has even suggested that we have reached a tipping point, where corporate compliance professionals may soon outnumber police officers, placing an unsustainable regulatory burden on participants in highly regulated sectors such as banking and finance.

      PubDate: Sat, 31 Aug 2019 19:18:48 GMT
       
  • Volume 39 Issue 2 - Airbnb and residential tenancy law: Do 'home sharing'
           arrangements constitute a licence or a lease'
    • Abstract: Swannie, Bill
      In tenancy law, the distinction between a lease and a licence is fundamental. A lease confers an interest in land; it can be transferred, and confers rights enforceable against all the world. A licence, on the other hand, merely permits a person to enter onto land, or to do something in relation to it, without being sued. A licence can be withdrawn at any time, and it is not regulated by tenancy legislation or property law generally. Although the distinction is well established, characterising particular housing arrangements as involving either a lease or a licence can be problematic. At common law, the existence of a lease depends on whether exclusive possession was conferred on the occupier. Primarily, this involves examining the terms of the agreement between the parties. As leases can be created with little formality, a purely verbal agreement may give rise to a lease. On the other hand, a detailed written agreement may explicitly state that the arrangement is a licence and not a lease. A body of case law exists - in both Australia and the United Kingdom ("UK") - regarding the factors relevant to characterising an arrangement as either a licence or a lease. While these decisions state general principles, they also tend to focus on quite specific factual issues, and accordingly they are not easy to reconcile or apply.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Dual citizenship and Australian parliamentary
           eligibility: A time for reflection or referendum'
    • Abstract: Morgan, James
      Recent events in Australia have laid bare a curious state of affairs in which, under the accepted interpretation of the 'Australian Constitution', foreign law is (in most cases) directly determinative of a given individual's eligibility to be elected and sit as a member of the Federal Parliament. Specifically, where the law of a foreign power dictates that an individual is a citizen of that foreign power, s 44(i) of the 'Australian Constitution' is engaged to disqualify that individual from being elected or sitting as a member of the Federal Parliament. Lack of knowledge is no defence against this disqualification. However, an individual will not be disqualified where they have taken all reasonable steps to renounce their foreign citizenship.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Space law: A treatise
    • Abstract: Lisk, Joel
      It is easy to overlook the law when you can watch a rocket launch before your eyes. There is a significant quantity of international and domestic law applicable to outer space and a number of texts have emerged over the years that attempt to clarify the various obligations that follow these laws. Literature in the field is dominated by the initial works of reputable international law scholars such as Bin Cheng, Stephen Gorove, and Carl Q Christol. These texts are complemented by the early works of renowned experts such as Manfred Lachs4 that provide wide-ranging, early stage commentary on the status and content of space law, the implications for states, and the intentions of state parties as to how the law was to be formed.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Family provision law, adult children and the age of
           entitlement
    • Abstract: Villios, Sylvia; Williams, Natalie
      This case raises some profound questions about the nature of family obligations, the relationship between family obligations and the state, and the relationship between the freedom of property owners to dispose of their property as they see fit and their duty to fulfil their family obligations.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Soft law and public liability: Beyond the separation
           of powers'
    • Abstract: Weeks, Greg
      Soft law is a general term for various types of non-statutory regulation. The nature of soft law is inherently debatable in a way that the nature of law is not. Despite this fact, or perhaps because of it, only relatively few legal academics have written about soft law. The judiciary has also had little to say. Each of these points is understandable. It is far from surprising that judges have had little cause to consider soft law, because legal remedies do not apply perfectly to extra-legal modes of regulation. Academic consideration of soft law is dominated by writing on its application in international law, but in which its role, meaning and very existence are all still contested. It frequently focuses on the suitability of soft law to attracting political consensus in international relations where harder forms of regulation would likely have been resisted.5 Academic consideration of the operation of soft law in domestic legal systems is dominated by analysis of its regulatory functions. Far less attention is paid to what remedies might be appropriate where those subject to soft law regulation have suffered as a result of their reliance on it.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Superannuation taxation reform: From the financial
           system inquiry report to legislative changes
    • Abstract: Hanegbi, Rami
      This article examines the round of legislative changes to superannuation taxation that came into effect on 1 July 2017. It traces this process, beginning with the comments and recommendations made by the Murray Financial System Inquiry (the 'Inquiry'). The Inquiry's findings were predominantly aimed at abating what it perceived to be the disproportionate flow of superannuation tax concessions towards wealthier members of the community. A substantial number of its recommendations were eventually implemented, but only after a change of leadership within the government. Many of these legislative changes increase equity by improving the targeting of superannuation tax concessions, and they do so without any apparent substantial loss in economic efficiency, though there is an increase of complexity in the application of the superannuation system. Other changes, mainly those concerned with broadening eligible superannuation income streams, enhance the ability of some retirees to benefit from a reliable income stream. The article concludes that this recent phase in superannuation changes is a positive step in the evolution of Australia's superannuation system.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Proportionality and protest: 'Brown v Tasmania' (2017)
           261 CLR 328
    • Abstract: Duldig, Ingmar; Tran, Jasmyn
      The special case of 'Brown v Tasmania' required the High Court of Australia to consider the constitutional validity of the 'Workplaces (Protection from Protesters) Act 2014' (Tas) ('Protestors Act'), which enacted numerous anti-protesting provisions in relation to forestry land in Tasmania. The plaintiffs, Dr Bob Brown and Ms Jessica Hoyt, contended that numerous provisions impermissibly burdened the implied freedom of political communication, and were therefore invalid. The majority2 found all the impugned provisions invalid, whereas Gordon J partially dissented in finding only one provision invalid, and Edelman J fully dissented. The High Court was presented with an opportunity to clarify the relevant test for validity in implied freedom cases, particularly the relevance of structured proportionality testing as established in 'McCloy v New South Wales'. The case also presented the first opportunity in 20 years for the High Court to thoroughly examine how and in what contexts the implied freedom protects political communication that takes the form of protest. Conclusively, the test for validity remains the test established in 'Lange v Australian Broadcasting Corporation', as restated, with a slim majority affirming proportionality testing as a viable analytical tool. Justice Gageler and Justice Gordon voiced reservations and concerns about proportionality testing, thus diminishing the ability for 'Brown' to establish strong authority on the matter. Whether proportionality testing is suitable to the Australian constitutional system remains contested and is likely to be subject to continuous scrutiny. Meanwhile, the decision confirms that protest and physical assembly are protected by the implied freedom, although does not entirely explain when the freedom is enlivened.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Dual citizens in the federal parliament: 'Re Canavan,
           Re Ludlam, Re Waters, Re Roberts [No 2], Re Joyce, Re Nash, Re Xenophon'
           (2017) 349 ALR 534
    • Abstract: Nikias, Kyriaco
      In mid-2017, it emerged that several Federal parliamentarians may have been ineligible to be elected on account of their dual citizenship status by operation of s 44(i) of the Constitution. In 'Re Canavan', the High Court, sitting as the Court of Disputed Returns, found five of them ineligible. This case note interrogates the Court's interpretation of s 44(i), and analyses the judgment with reference to its political context and its constitutional significance. It is argued that the Court has left unclear the question of how it will treat foreign law in respect of s 44(i), and that the problems which this case has highlighted might only be resolved by constitutional reform.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - The vulnerability of older Australians in bankruptcy:
           Insights from an empirical study
    • Abstract: Bromberg, Lev; Ramsay, Ian; Ali, Paul
      This article presents the results of the first empirical study focused on older Australians in bankruptcy. Our study - based on the examination of a large and unique dataset obtained by the authors from the bankruptcy regulator, the Australian Financial Security Authority, offers valuable insight into the severe financial challenges faced by many older Australians. Our analysis provides insights into the most significant causes of bankruptcy for older Australians as well as some possible explanations for their financial vulnerability. Our findings include that older Australians comprise an increasing proportion of those in bankruptcy and are far more likely to cite excessive credit as the cause of their bankruptcy compared to younger and middle-aged bankrupts. We also find that the key salient features of older Australians in bankruptcy are their very high credit-card debts, particularly in light of their low incomes and modest levels of assets. While older Australians tend to own real estate (such as their own home) and can be described as being 'asset-rich', we observe that only a very small proportion of older Australians in bankruptcy own real estate.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
  • Volume 39 Issue 2 - Rethinking the reinstatement remedy in unfair
           dismissal law
    • Abstract: Shi, Elizabeth; Zhong, Freeman
      Reinstatement is said to be the primary remedy for unfair dismissal under the 'Fair Work Act 2009' (Cth). The Fair Work Commission is granted a broad discretion to determine whether to award reinstatement, but in the vast majority of cases it does not do so. This article considers the purpose of reinstatement by reference to the context and history of the unfair dismissal provisions, and argues that it is aimed at protecting the individual interests of the employees. This statutory context must be considered when the Fair Work Commission exercises its discretion in granting or refusing reinstatement. It is argued that the Fair Work Commission, in exercising its discretion, has overlooked some of this context and frustrated some of the purposes of the Act. This article makes some suggestions for reform of the law of reinstatement.

      PubDate: Mon, 8 Apr 2019 12:26:18 GMT
       
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
Fax: +00 44 (0)131 4513327
 
Home (Search)
Subjects A-Z
Publishers A-Z
Customise
APIs
Your IP address: 34.236.216.93
 
About JournalTOCs
API
Help
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-