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LAW (815 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 25)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 20)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 57)
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: 8)
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   (Followers: 1)
Annales de droit     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)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
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: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     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  
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: 12)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
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: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     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)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
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)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 175)
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: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
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: 19)
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: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
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: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
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  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
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  
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: 16)
Duke Law & Technology Review     Open Access   (Followers: 10)
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: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 25)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
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)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 165)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

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  [398 journals]
  • Volume 39 Issue 1 - Neurodivergent women in 'clouded judgment'
           unconscionability cases - an intersectional feminist perspective
    • Abstract: Murphy, Brooke
      Feminist legal scholars have discussed the impact of gender and class stereotypes on the judgments in 'Louth v Diprose'. However, a significant aspect of Ms Louth's identity is missing from these discussions: her neurodivergence (or mental illness). This article analyses the stereotypical treatment of women through the lenses of gender and neurodivergence in 'clouded judgment' unconscionability cases. This analysis is focused on the comparison of the use of stereotypes in 'Louth v Diprose and Williams v Maalouf'. Each case allows vastly different outcomes for the neurodivergent female parties, but both cases reinforce prejudicial stereotypes. The article concludes with a discussion of how a myopic focus on a singular category of identity can hinder the creation of decisions that are more mindful of intersectional realities.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - The judiciary and the public: Judicial perceptions
    • Abstract: Mack, Kathy; Anleu, Sharyn Roach; Tutton, Jordan
      The relationship among the judiciary, public attitudes, public confidence and the institutional authority of courts in a democracy is complex. It is frequently asserted that courts depend on public confidence for the effectiveness and, indeed, legitimacy of judicial authority. Drawing on national interviews and surveys with Australian judicial officers, this article considers the judiciary's views about the nature and prevalence of public attitudes. It investigates individual judicial and institutional responses to perceived public criticism and commentary and considers activities aimed at affirmatively promoting improved public knowledge of courts and judicial work. Understanding the judiciary's own perceptions and attitudes generates important insights into the nature and limits of communication between courts and the public.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - Trends in prosecutions for child sexual abuse in South
           Australia 1992-2012
    • Abstract: Cashmore, Judy; Parkinson, Patrick; Taylor, Alan
      This study, commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse, examined the prosecution of child sexual abuse offences in South Australia between 1992 and 2012. This included offences that were reported when the complainant was still a child, as well as reports that were delayed into adulthood. Overall, 84.5% of reports were made by complainants while they were still children, and most of these were made within three months of the offence. Male complainants were more likely than females to delay reporting into adulthood.

      The highest reporting levels by both child and adult complainants of child sexual abuse offences occurred around the time when major public inquiries into child protection were occurring, and the issue was receiving considerable media attention. The rate of reporting by adult complainants was also affected by the removal of a three-year statutory limitation period for indictable sex offences in 2003. Despite a sharp increase in the level of reporting by children during the early 2000s, particularly around the time of the Layton Inquiry, there was only a very small increase in prosecutions. Rates of substantiation of child sexual abuse by Families SA, the child protection statutory authority, also fell at a time when reports to police were increasing substantially. In contrast, there has been an upward trend in arrest for adult reports.

      Overall, just over 40% of reports to police of child sexual abuse resulted in arrest and charges being laid. This is slightly higher for child reports than for adult reports. South Australia has had a high rate of matters being discontinued quite late in the prosecution process - at or just before the hearing - particularly in the Magistrates Court. We therefore need to understand better how police and prosecutors exercise their discretion in determining whether a case will proceed.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - Enabling professional development for sessional
           colleagues in law: Reflections from the 'smart casual' online initiative
    • Abstract: Steel, Alex; Skead, Natalie; Galloway, Kate; Heath, Mary; Hewitt, Anne; Israel, Mark
      The numbers of sessional staff teaching in law schools continue to grow, yet little has been done to provide for their professional development. This is particularly critical because these colleagues are likely to be less able to attend face-to-face development sessions or to participate in informal 'corridor' discussions. This article analyses what amounts to best practice in professional development of sessional colleagues in an online environment, including: the need to adopt a peer-to-peer tone; appeal to a range of teacher experience; draw on contemporary scholarly approaches to teaching and learning issues; and provide recognition of digital literacy, internationalisation, diversity, gender and Indigenous issues. These insights are drawn from the experience of developing modules as part of the Australian Government funded Smart Casual: Promoting Excellence in Sessional Teaching in Law project. The article draws on feedback from sessional staff focus groups and an autoethnography of the authors of the modules to reflect on the complexity of the task of developing professional development materials that neither patronise nor alienate their target audiences and the implications this reflection has on the importance of collegiality in the law school environment.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - 'Lindsay v The Queen': Homicide and the ordinary
           person at the juncture of race and sexuality
    • Abstract: Blore, Kent
      Recently, in 'Lindsay v The Queen', the High Court reaffirmed a place in Australian law for the 'homosexual advance defence'. The case involved the killing of a white man by an Aboriginal man for offering to pay for sex, exposing a number of problems with provocation and the ordinary person test at the intersection of race and sexuality. This article first unpacks the Court's reasoning to reveal a hidden assumption that the ordinary person is from the outset white and violently homophobic. The article then sketches a history of these incidents of ordinariness - tracing normalised whiteness and homophobia to the colonial era - in order to address the future of the ordinary person and the options for its reform. Unravelling conflicting Indigenous and queer law reform agendas, the article ultimately concludes that provocation in South Australia should be abolished or reformed to exclude the homosexual advance defence. However, because racism and homophobia can manifest in murder trials despite legal change, a broader cultural shift must accompany the reform of provocation. The lessons of history from the frontier can help to show other ways of being ordinary, allowing a pathway for ordinariness itself to be coloured and queered.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - Justice and the vulnerable: Extending the duty to
           prevent serious crimes against children to the protection of agricultural
           and research animals
    • Abstract: Whitfort, Amanda
      Commencing in 2004, the United Kingdom, South Australia, and New Zealand have each introduced new laws to protect children from serious harm within the home. Members of a household in these jurisdictions living with a child can now be held accountable for neglecting to seek help or take preventative action if the child is killed or seriously injured. The new duty to protect children from serious crime within the home recognises the special vulnerability of victims within a closed environment. In New Zealand, the duty specifically extends to staff of institutions where children reside. In the same period, legislation has been expanded to protect animals from acts of negligence, as well as overt cruelty. In practice, however, many of the protections introduced do not apply to animals used in agriculture and research. Legal protection for farm animals has been further eroded by the introduction of so called 'ag-gag' laws. Historically, the recognition of the special vulnerability of children and animals caused their legal protections to develop in tandem. This article examines the case for extending the duty to prevent serious violent crimes against children in the home, to animals in laboratories, abattoirs and on farms. It concludes that effective protection of animals requires the imposition of a new legislative duty to prevent their unlawful serious harm.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - 'Extreme circumstances' leave public service employees
           silent and uncertain: Chief of Defence Force v Gaynor (2017) 246 FCR 298
    • Abstract: Potezny, Jemma
      In Chief of Defence Force v Gaynor, the Full Court of the Federal Court of Australia was required to consider the implied freedom of political communication in the context of statements made by Army reservist Bernard Gaynor. The Chief of the Defence Force ('CDF') terminated Mr Gaynor's commission in the Australian Defence Force ('ADF') pursuant to reg 85(1)(d) of the Defence (Personnel) Regulations 2002 (Cth) ('Defence (Personnel) Regulations') for his various intolerant comments on social media and ensuing conduct.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - Offences against the person and sexually transmitted
           diseases: 'Aubrey v The Queen' (2017) 260 CLR 305
    • Abstract: Morgan, James
      Section 35 of the 'Crimes Act 1900' (NSW) provides for a criminal offence of grievous bodily harm. Prior to legislative amendment in 2007, this provision did not expressly extend criminal liability to transmission of disease. In the case of 'Aubrey v The Queen', it fell to the High Court of Australia to interpret this historical version of s 35. In doing so, the High Court departed from the English authority of 'R v Clarence' - interpreting that s 35, as it stood in 2004, did not require immediate physical injury, and extends to transmission of disease.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 39 Issue 1 - A statement on inclusive law and religion
    • Abstract: Babie, Paul; Neoh, Joshua
      'Law and religion', as a field of inquiry within the legal academy, is often associated with a partisan religious agenda. The agenda is advanced under the guise of protecting religious freedom from interference by the state or other non-state actors. All too often though, the seemingly legitimate objective of advancing religious freedom is a cover for saying that one ought to have the right to criticise others in speech or to discriminate against others in actions on the basis of a purported immutable order that is established by a deity - an order that cannot be challenged or questioned by humans.

      PubDate: Fri, 5 Oct 2018 20:28:56 GMT
  • Volume 38 Issue 2 - What can I tell you': Sharing personal information
           in the schools sector
    • Abstract: Adams, Carolyn; Lee-Jones, Krista
      Those working in the schools sector have a duty of care to ensure the safety and wellbeing of teachers and students. Fulfilling this duty often requires the sharing of sensitive personal information about teachers and students across institutional and jurisdictional boundaries. One of the most pressing reasons to share such information is to help identify, prevent and respond to child sexual abuse. This article examines the complex legal policy frameworks that govern the sharing of personal information - including teacher registration systems and privacy legislation - in the eight Australian states and territories. The focus of the study was to identify legal policy approaches that were likely to promote appropriate and timely sharing of information and any approaches that were likely to impede such sharing. Based on this comparative study, the article suggests a number of general regulatory approaches to improve legal frameworks for sharing information in the schools sector. It also proposes a test for legislators and policy makers to consider in developing such legal frameworks that gives due recognition to the human rights that come into tension in this policy context: the right to privacy and the rights of the child.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - The judicial incompatibility clause - or, how a
           version of the 'Kable' principle nearly made it into the federal
    • Abstract: Taylor, Greg
      Until nearly the end of the Convention debates the draft Australian Constitution contained a provision that would have prevented judges from holding any federal executive office. The prohibition, removed only at the last minute, would have extended to all federal executive offices but was originally motivated by a desire to ensure that judges did not hold office as Vice-Regal stand-ins when a Governor-General was unavailable, as well as by the feud between Sir Samuel Way CJ and (Sir) Josiah Symon QC. The clause was eventually deleted, but not principally because of any reservations about the separation of judicial power; rather, it was thought difficult to be sure that other suitable stand-ins could always be found and problematic to limit the royal choice of representative. However, this interesting episode also shows that a majority of the Convention and of public commentators rejected the idea of judicially enforcing, as a constitutional imperative, the separation of judicial power from the executive. Presumably, while not rejecting the separation of powers itself, they would have rejected the judicial enforcement of that principle such as now has been established by case law and implication.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Four legs good, two legs bad': Animal Welfare vs
           The World Trade Organization (featuring article XX of the general
           agreement on tariffs and trade and article 2 of the technical barriers to
    • Abstract: Cunningham, Robert; Vindedzis, Susanah
      This article explores whether animal welfare can be deployed as a legitimate restriction on trade under the World Trade Organization framework. Article XX of the General Agreement on Tariffs and Trade and Article 2 of the Technical Barriers to Trade are traversed; along with the two relatively recent cases of 'US - Tuna II' (DS381) and 'EC - Seal Products' (DS400/401). While the World Trade Organization has traditionally demonstrated a reluctance to legitimise animal welfare based restrictions, contemporary World Trade Organization case law signals the possibility of a shifting landscape. The article argues that further development of coherent principles is required for the benefit of both animal welfare and trade certainty. This is particularly so in relation to the interrelated issues of extraterritoriality and coercion.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Sisyphus in the agora': How the united nations
           working group on the use of mercenaries functions as a special procedure
           of the human rights council
    • Abstract: Sorensen, Kim
      The proliferation of private military and security companies ('PMSCs') in the wake of the end of the Cold War has prompted a variety of reactions concerning the regulation of PMSCs in the 'market for force'. Some underscore a lack of accountability of the industry and regard PMSCs as having an inimical impact on human rights; others argue that PMSCs are legitimate actors in international society, able to provide efficient and effective support for humanitarian intervention and peacekeeping. While the literature about PMSCs is voluminous, how the United Nations ('UN') Working Group on the Use of Mercenaries ('WGUM') performs its functions as a Special Procedure of the Human Rights Council ('HRC') and thereby seeks to contribute to the promotion and protection of human rights is one of the least studied aspects in the literature on PMSCs. This article argues that how the WGUM performs its functions as a Special Procedure can be ascribed to the Sisyphean dynamics of norm change in the 'agora'. The WGUM seeks to create a space in the agora for the elaboration of norms and legal discourse on the protection of human rights in the market for force. The WGUM's efforts to create that space in the agora would appear, however, to be a Sisyphean task in light of widespread opposition from key Western states to the WGUM's mandate, including the WGUM's efforts to develop a treaty norm that proscribes the outsourcing of inherently state functions to PMSCs.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Re Culleton [No 2] (2017) 341 ALR 1
    • Abstract: Georgeson, Caitlyn
      In 'Re Culleton [No 2] ', the High Court of Australia, sitting as the Court of Disputed Returns, considered whether a vacancy existed in the representation of Western Australia in the Senate for the place held by Senator Rodney Culleton. The Court found that, by virtue of s 44(ii) of the 'Australian Constitution', Culleton was 'incapable of being chosen' as a senator as he was subject to be sentenced, and that a Senate vacancy consequently existed. This case note explains the Court's reasoning and considers the effects of this decision.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Protecting democratic integrity: Re Day [No 2] (2017)
           343 ALR 181
    • Abstract: Morgan, James
      Section 44(v) of the Australian Constitution is one of several express provisions imposing candidacy restrictions for the Australian Federal Parliament, and has an important role to play in the protection of representative and responsible government. This particular section operates to disqualify any person with a pecuniary interest in an agreement with the Commonwealth Public Service, from being elected or sitting as a Commonwealth parliamentarian. The provision had previously only been considered by the High Court of Australia once, in the case of 'Re Webster', in which an interpretation so narrow as to rob the provision of all practical impact was adopted. Following decades of criticism, the High Court adopted a broader construction of s 44(v) in the case of 'Re Day [No 2] ', a constitutional challenge to the eligibility of an Australian Senator.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Fact-finding and report writing by UN human rights
           mandate holders
    • Abstract: Kirby, Michael; Laforgia, Rebecca
      In this article, derived and enlarged from a recorded conversation, the participants explore the methodology of United Nations ('UN') human rights mandate holders as earlier examined by Philip Alston, Sarah Knuckey and others in 'The Transformation of Human Rights Fact-Finding'. By reference to his experience in the UN Commission of Inquiry ('COI') on Human Rights Violations in the Democratic People's Republic of Korea ('the DPRK' or 'North Korea'), the Hon Michael Kirby explains: the reasons for, and consequences of, the distinctive methodology there adopted; the challenges of coping with often emotional testimony; available mechanisms for dispassion and their limitations; the tradition of public hearings in inquiries in Australia; approaches to 'the moment of decision' on contested issues; the follow-up to the report of the COI on the DPRK; and several general lessons about effectiveness of formal report writing. The article begins with an introduction by Rebecca LaForgia based on an analysis of recent scholarly examinations of the process of international human rights fact-finding.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Community engagement in the age of modern law reform:
           Perspectives from Adelaide
    • Abstract: Moulds, Sarah
      This article documents the recent community engagement experience of the South Australian Law Reform Institute ('the Institute') in relation to two references: the first concerning discrimination against gay, lesbian, bisexual, transgender, intersex and queer South Australians; and the second relating to family inheritance law. These experiences underscore the importance of successful community engagement for law reform bodies and others involved in public policy making including governments. The Institute's experiences demonstrate that by adopting a range of innovative strategies to generate public interest and trust and facilitate the meaningful sharing of information and knowledge, even modest and resource-stretched bodies like the Institute can achieve strong legislative results that have broad community support.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Integrity of purpose: A legal process approach to
           designing a federal anti-corruption commission
    • Abstract: Hoole, Grant; Appleby, Gabrielle
      This article draws from traditional legal process theory to advance a methodology for the design of a federal anti-corruption commission. Legal process theory stresses the dynamic, evolving, and interactive nature of legal institutions within a systemic context. It highlights the fact that the strength of legal systems depends upon their institutional components functioning harmoniously according to purpose, and observing appropriate institutional boundaries. Drawing from the legal process literature, we articulate a theory of 'integrity of purpose': a vision of how institutions can be designed to fulfil their roles through simultaneous pursuit of their mandates and cognisance of their boundaries. We then apply integrity of purpose to inform design choices surrounding several aspects of a potential federal anti-corruption commission: its normative purpose, investigative jurisdiction, and power to conduct formal hearings and issue findings. Our approach treats questions of institutional purpose as inseparable from questions of procedure, and presents a novel means of translating legal analytic principles into a forward-thinking framework for institutional design.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 2 - Australian Competition and Consumer Commission v
           Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25
    • Abstract: Keeves, James
      In 'Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd', the Full Court of the Federal Court of Australia imposed the highest ever corporate penalty to date for misleading or deceptive conduct under the 'Australian Consumer Law'. Justices Jagot, Yates and Bromwich ordered Reckitt Benckiser (Australia) Pty Ltd ('Reckitt Benckiser') to pay a revised $6 million penalty, upholding an appeal by the Australian Competition and Consumer Commission ('ACCC'). The decision is one of several recent multi-million dollar 'victories' by the ACCC, and has prompted calls for maximum penalties to be increased under the 'Australian Consumer Law'.

      PubDate: Fri, 10 Aug 2018 16:05:26 GMT
  • Volume 38 Issue 1 - Paciocco v Australia & New Zealand banking group
           Ltd (2016) 90 ALJR 835
    • Abstract: Macalincag, Rozelle
      The highly anticipated conclusion to a five-year battle over the status of the doctrine of penalties in Australia came in the case of Paciocco v Australia & New Zealand Banking Group Ltd. This case note reviews the procedural history of Paciocco, which provides the foundation for the earlier controversy surrounding the penalties doctrine and the consequent importance of the case, before undertaking an analysis of the High Court's decision and its wider ramifications. Paciocco takes a welcome step towards remedying the Court's prior significant expansion of the doctrine.

      PubDate: Wed, 2 May 2018 11:35:32 GMT
  • Volume 38 Issue 1 - 2016 senate electoral reforms in the high court and
    • Abstract: Roeger, Shauna
      In 2016, the government implemented significant reforms to the Senate electoral processes when it passed amendments to the Commonwealth Electoral Act 1918 (Cth) ('CEA'). Shortly after the passage of the amending legislation, Senator Bob Day challenged the amendments' constitutional validity in the High Court of Australia. In Day v Australian Electoral Officer (SA), the High Court unanimously dismissed the challenge. This case note explains the High Court's reasoning and considers how the decision reinforces existing constitutional principles regarding the Parliament's power to determine electoral processes. This case note then examines how the new system fared at the 2016 federal election, and concludes that, while Senate processes may still benefit from further reform, especially in relation to Senate casual vacancies, the 2016 reforms were a victory for Australian democracy.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - Submission of manuscripts
    • PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - The sociopolitical and legal history of the tax
           deduction for donations to charities in Australia and how the 'public
           benevolent institution' developed
    • Abstract: Martin, Fiona
      Every year the Australian revenue grants tax concessions of around $1.3 billion in respect of tax deductibility of donations to specific charities and not-for-profits (NFPs). This article explains the historical development of the tax deduction for charitable donations. It explores the exemption of charities and other NFPs from land and income tax in order to explain how this tax deduction arose. The discussion will establish that the tax deductibility of donations arose in an ad hoc fashion due to war and depression, that the concession was shaped by the personal issues and ideologies of influential politicians, that the 'person in the street' opinion about charities was important and that Britain and the United States of America also played a part. It will also demonstrate how the revenue was taken into account in the development of a tax deductible NFP that is unique to Australian taxation law, the 'Public Benevolent Institution'.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - Sexual orientation and 'gay wedding cake' cases under
           Australian anti-discrimination legislation: A fuller approach to religious
    • Abstract: Elphick, Liam
      Freedom from discrimination and religious freedom have long clashed in the context of religious exemptions to anti-discrimination legislation. Historically rooted in debates over gender and race, this legal battleground has largely turned to sexual orientation in recent years. This has been particularly borne out in various 'gay wedding cake' disputes in overseas jurisdictions, where bakery owners have been sued for refusing to bake a cake for a same-sex wedding on religious grounds. Though the continued definition of marriage as being between a man and a woman has so far precluded these cases from arising in Australia, an in-depth examination of how such gay wedding cake cases would be decided under Australia's varying anti-discrimination laws remains lacking. Furthermore, existing approaches have tended to focus on the external morality of law and human rights, facing the difficult task of balancing freedom from discrimination with religious freedom. To avoid the uncertainty typical of external morality debates this article suggests an alternative approach, arguing that an application of Lon L Fuller's natural law theory, and in particular his eight 'excellencies' of law making, could provide a path forward for this debate in the pursuance of the internal morality of law. This approach would suggest an expansion of the current definitions of sexual orientation in Australian anti-discrimination legislation, the application of religious exemptions to religious organisations and religiously-affiliated bodies but not to individuals, and a shift to a quasi-subjective test to determine religious beliefs under such exemptions. This would provide a clearer path forward for lawmakers and judicial decision makers in an area of law rife with uncertainty and inconsistency.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - An Australia-Indonesia arrangement on refugees:
           Exploring the structural, legal and diplomatic dimensions
    • Abstract: Tyrer, Samuel
      Australia must engage cooperatively with its regional neighbors on asylum issues facing the region. A proposal for cooperation between Australia and Indonesia on refugees is explored as to its structural, legal and diplomatic dimensions. Obstacles to that arrangement are rigorously analysed. Useful recommendations are then made to move such an arrangement forward. The discussion shows that support from both countries for this arrangement can be developed. Critically though, this arrangement is between two countries and so cannot succeed to protect refugees on its own. Rather, cooperation between multiple countries is necessary to successfully protect refugees and thereby undermine irregular boat journeys to Australia and generally. Policy discussions in this area must continue, including as to what other concrete arrangements could be developed between states benefiting refugees in various ways. As Australia's existing arrangements for offshore processing with Papua New Guinea and Nauru, which see asylum seekers detained in facilities in those countries, are unraveling, finding alternative and principled policies is imperative.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - Exemplary damages: Retribution and condemnation the
           purpose controlling the scope of the exemplary damages award
    • Abstract: Doecke, Alison
      Exemplary damages have caused a long and unresolved struggle with the underlying compensatory purpose of tort law because they award the plaintiff more than is necessary to compensate actual loss. This article identifies key principles from Australian High Court jurisprudence regarding such damages before turning to divergent authority from New Zealand and the New South Wales Court of Appeal. It is apparent from this review that the scope of the award (in terms of whether consciousness of wrongdoing is required) can only be determined by clarifying the proper purpose of the award of such damages. Only if the High Court continues to move from a punishment purpose to a condemnatory purpose will an award of exemplary damages be justified for less than conscious wrongdoing. It is argued that such windfall gain for the plaintiff is only justified when the defendant deserves punishment and consequently is required to have some subjective fault.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - The constitutional conventions and constitutional
           change: Making sense of multiple intentions
    • Abstract: Hobbs, Harry; Trotter, Andrew
      The delegates to the 1890s Constitutional Conventions were well aware that the amendment mechanism is the 'most important part of a Constitution', for on it 'depends the question as to whether the state shall develop with peaceful continuity or shall suffer alternations of stagnation, retrogression, and revolution'. However, with only 8 of 44 proposed amendments passed in the 116 years since Federation, many commentators have questioned whether the compromises struck by the delegates are working as intended, and others have offered proposals to amend the amending provision. This paper adds to this literature by examining in detail the evolution of s 128 of the Constitution - both during the drafting and beyond. This analysis illustrates that s 128 is caught between three competing ideologies: representative and responsible government, popular democracy, and federalism. Understanding these multiple intentions and the delicate compromises struck by the delegates reveals the origins of s 128, facilitates a broader understanding of colonial politics and federation history, and is relevant to understanding the history of referenda as well as considerations for the section's reform.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - An effective priority for the commissioner of taxation
           in liquidation: Bell group NV (in liq) v Western Australia (2016) 331 ALR
    • Abstract: Marateo, Daniel
      In Bell Group NV (in liq) v Western Australia, the High Court unanimously held that the Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) ('Bell Act') was invalid in its entirety under s 109 of the Constitution. The Court found that the Bell Act was inconsistent with Commonwealth tax legislation that ascribes certain characteristics to Commonwealth tax debts, and that created obligations owing to the Commissioner as a creditor of the Bell Group entities.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - A colonial history of the river murray dispute
    • Abstract: Webster, Adam
      This article examines the history of the dispute over the sharing of the waters of the River Murray between the colonies, with particular emphasis on the period from the mid-1880s to the mid-1890s. The article shows that the change in water use by the colonies during this period had a significant impact on the question of how the water should be shared between the colonies. The article examines the early legal arguments regarding the 'rights' of the colonies to the waters of the River Murray and argues that these early legal analyses influenced the drafting of the Australian Constitution, which in turn has influenced the way similar disputes between the states are resolved today.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 38 Issue 1 - Absorbing south australia's wills act dispensing power
           in the united states: Emulation, resistance, expansion
    • Abstract: Langbein, John H
      Since 1975, South Australia has been the epicentre of a notable development in the law of wills. In that year, the State Parliament passed the Wills Act Amendment Act (No 2) 1975 (SA), which amended s 12(2) of the Wills Act 1936 (SA) ('Wills Act'). Section 12(2) allows the Supreme Court to validate a will in which there has been some failure to comply with the formal requirements of the Wills Act, if the evidence in the case persuades the Court that the decedent intended the document to be his or her will. Section 12(2), widely known in the scholarly literature as the dispensing power, has had a shaping influence elsewhere in the common law world. Other Australian states and territories have enacted comparable legislation, as have most Canadian provinces. In the United States, the South Australian legislation and its case law have been the subject of sustained scholarly study, law revision activity, legislation, and case law. My main focus in this lecture will be to review the American experience, concluding with the most recent chapter, still being written, which is the story of how our absorption of the South Australian reform has led us to confront a completely unforeseen development the enforcement of so-called digital or electronic wills.

      PubDate: Wed, 2 May 2018 11:34:29 GMT
  • Volume 37 Issue 2 - Bartlett v Australia and new Zealand banking group
           Ltd, [2016] NSWCA 30 (7 march 2016)
    • Abstract: Williams, Natalie
      In 'Bartlett v Australia and New Zealand Banking Group Ltd', Mr Bartlett was wrongfully dismissed by the Australia and New Zealand Banking Group Limited (ANZ)2 for committing serious misconduct by allegedly posting confidential internal information to a journalist.

      PubDate: Fri, 24 Nov 2017 11:38:34 GMT
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