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  Subjects -> LAW (Total: 1235 journals)
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LAW (703 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 39)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 55)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 16)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 5)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 9)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
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: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
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: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
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: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
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: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
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 et 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: 143)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
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: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
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: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 15)
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: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 22)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
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: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 2)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     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  
Droit et Cultures     Open Access   (Followers: 6)
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: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
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: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 134)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 3)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Deakin Law Review
  [14 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 1321-3660
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 18 Issue 1 - A second chance for justice: The prosecutions of Gabe
           Watson for the death of Tina Thomas [Book Review]
    • Abstract: Flynn, Asher; Fitz-Gibbon, Kate
      Review(s) of: A second chance for justice: The prosecutions of Gabe Watson for the death of Tina Thomas, by Asher Flynn and Kate Fitz-Gibbon, Cambridge Scholars Publishing, 2013, ISBN 10: 1-4438-4202-8 ISBN 13: 978-1-4438-4202-0.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - Insights for legal reasoning from studies of literary
           adaptation and intertextuality
    • Abstract: Raitt, George
      Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges' decisions are constrained but not determined by legal materials, that judges do not apply legal principles but make value judgments, and that they make pragmatic judgments based on an assessment of the consequences of their decisions. Like cases should be decided alike, but theorists disagree on the role of analogy in legal reasoning and how one determines which similarities and differences are relevant. Judicial decisions revise and adapt previously decided cases. The concept of fidelity to precedent in legal reasoning can be illuminated by recent research into fidelity to source in adaptation studies. Research into literary adaptations shows that similarity and difference are not mutually exclusive and that an analysis of differences may undermine determinations of relevant similarity. By reading decided cases as intertextually situated adaptations, underlying views of the world that might not otherwise be evident in judicial reasoning can be interrogated.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - 'Responsibility' to provide: Family provision claims
           in Victoria
    • Abstract: Renwick, Samantha
      Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, 'Did the deceased have a responsibility to provide?' This in theory means that 'anyone' can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - 'For the union makes us ... rich?': Preventing trade
           union corruption in law after the health services union saga
    • Abstract: Silver, Joel
      While uncommon, corruption amongst Australian trade union officials is nevertheless well documented and notorious. How the law responds to corruption has become the subject of renewed debate, due to allegations against several former officials of the Health Services Union, in particular Craig Thomson and Michael Williamson. This article argues in favour of revising the provisions describing officials' duties in the federal Fair Work (Registered Organisations) Act 2009 (Cth) - the law which regulates trade unions - to more closely resemble their sister provisions in the Corporations Act 2001 (Cth). It contends that corrupt officials are best dealt with under specific 'disloyalty' offences, as opposed to generic property crimes (such as fraud or obtaining by deception). It also addresses a number of other potential weaknesses in the present legislative scheme.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - Intellectual property, business and China: Taking a
           stand
    • Abstract: Menzies, Jane L; Xynas, Lidia; Orr, Stuart; Chung, Mona
      Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms' organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - Police bargaining disputes and third-party
           intervention in Australia: Which way forward?
    • Abstract: Carabetta, Giuseppe
      The essential duties that police officers perform, and the absence of a right to strike, creates the need for an effective, impartial procedure for the resolution of bargaining disputes. This article argues that, with the shift of focus under the Fair Work Act 2009 (Cth) to good-faith bargaining, police officers have been left without an effective dispute resolution mechanism, partly because of the limitations on arbitration but also because of uncertainties surrounding the scope of the 'protected action' provisions of the Act for police officers. Following a review of police pay-setting arrangements in comparable jurisdictions, this article examines and proposes options for an alternative model, including a mandatory 'final-offer' arbitration ('FOA') model as used for police bargaining in Canada, New Zealand and the United States. Research shows that - aside from providing an effective closure mechanism for bargaining disputes where strikes or lock-outs are unavailable - mandatory FOA offers a range of benefits to police bargaining, and could provide an ideal 'fit' for the current bargaining-centred system. The article's findings are of significance not only to police officers, but to all emergency services workers covered by the Fair Work bargaining regime.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - International travel and double recovery
    • Abstract: Bozzi, Claudio
      A combination of the economic significance of international tourism, the increased mobility of individuals, and their greater willingness and desire to manage their own movements has significant implications for insurers which currently remain under-appreciated. International visitors to Australia are more likely to die or suffer injury as the result of a motor vehicle accident than in any other way. While attention has been focused on the complex jurisdictional issues that may arise, other equally important problems such as the potential for action in double recovery have gone largely unnoticed. The need is particularly acute because, as many studies attest, the prospect of death and injury in motor vehicle accidents involving foreign licensees is only likely to increase. Injured third parties returning to home jurisdictions with national health systems will rightly draw on the resources of the state, public welfare, and sometimes private insurance to meet their health care needs. To complicate matters further, European countries typically view the state as a guarantor of individual and collective social rights, and, to varying extents, constitutionally guarantee health care and other relevant benefits such as unemployment payments. In effect, an injured third party receiving a payout for the cost of those injuries from an Australian insurer returns home as a citizen or resident of a state in which she or he draws on publicly funded health care and benefits. In Italy, for example, the needs of the injured third party are met by a devolved health care system which places the greatest burden of responsibility for the delivery and funding of services on regionally governed public enterprises, and to a lesser extent on other entities. Some of those providers have mounted actions in recovery for money spent and goods supplied for the treatment of the same injuries that are the subject of the insurance. The aim of this article is to address the theoretical basis and practical implications of actions taken against the insured injured party in the context of foreign constitutional and personal injuries law (or constitutionalised personal injuries law).

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 18 Issue 1 - Contractual penalties in Australian law after Andrews:
           An opportunity missed
    • Abstract: Gray, Anthony
      This article considers the extent to which an Australian court might be willing to declare a contractual clause to be a 'penalty', and so not be enforceable. A recent High Court decision takes a broader view of the courts' jurisdiction to relieve against 'penalties' than has previously been the case. This article has two purposes; first, it critically considers whether the Court's position is correct, having regard to the long history and rationale for the rule. Secondly, it considers whether the doctrine forbidding penalties in contracts remains an appropriate stand-alone doctrine in contemporary contract law, or whether a recasting of the law in this area is desirable. It concludes that the High Court missed an opportunity to consider more thoroughly the reform of the penalty-liquidated damages distinction, and should have subsumed that principle within the organising principle of unconscionability.

      PubDate: Wed, 11 Sep 2013 09:53:49 GMT
       
  • Volume 17 Issue 1 - Cases that changed the law, [Book Review]
    • Abstract: McMahon, Marilyn
      Review(s) of: Cases that changed the law, by Graham Fricke, Strictly Literary, 2012, 158 pages, ISBN 9780987086556 (paperback).

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - Crime and Justice: A guide to criminology (4th ed)
           [Book Review]
    • Abstract: Harris, Bridget
      Review(s) of: Crime and Justice: A guide to criminology (4th ed), by Marinella Marmo, Willem de Lint and Darren Palmer (eds), Lawbook Co, 2012, 716 pages, ISBN 978-0-455-22860-0.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - Parallel justice for victims of crime [Book Review]
    • Abstract: Gear, Rachel
      Review(s) of: Parallel justice for victims of crime, by Susan Herman, The National Centre for Victims of Crime, 2010, 173 pages, ISBN 978-0-615-32610-8 (paperback).

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - The committee on enforced disappearances and its
           monitoring procedures
    • Abstract: Sunga, Ricardo A
      The International Convention for the Protection of All Persons from Enforced Disappearances establishes the Committee on Enforced Disappearances to oversee its implementation. Its reporting, individual communications and inter-state communications procedures have enhanced features that build on the experiences of other monitoring bodies with similar procedures. Its urgent visit and referral procedures contain novel elements that can promote compliance with the right not to be subjected to enforced disappearance. While issues of duplication, lack of enforcement powers, competence ratione temporis and time and resource constraints set the parameters of what it can and cannot do, the Committee, as part of a system of international and regional bodies, has the potential to induce respect for human rights and to help move states toward the goal of compliance with the right not to be subjected to enforced disappearance.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - Reforming the remedy: Getting the right remedial
           structure to protect personal privacy
    • Abstract: Petrie, Nicholas
      Politicians, journalists and academics have exhausted many hours over the last decade debating the question of whether Australia should have a statutory cause of action for invasion of personal privacy. In the midst of this ongoing debate, a simple question has often been overlooked: what remedies should be available to a person whose privacy been breached' In posing and answering that question, it is argued that a wide range of remedies for intrusions of personal privacy should be available to the courts. Perhaps most controversially, the author asserts that exemplary damages, which aim to punish defendants and deter future breaches of the law, should be available for the most heinous breaches of personal privacy.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - Defining and describing what we do: Doctrinal legal
           research
    • Abstract: Hutchinson, Terry; Duncan, Nigel
      The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law - a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is 'not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...'. Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - How the criminal law in Australia has failed to
           promote the right to life for unborn children: A need for uniform criminal
           laws on abortion across Australia
    • Abstract: Ferdinands, Patrick
      This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia's criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - The UN 'norms on the responsibility of transnational
           corporations and other business enterprises with regard to human rights':
           A requiem
    • Abstract: Miretski, Pini Pavel; Bachmann, Sascha-Dominik
      On 11 June 2011, the United Nations Human Rights Council endorsed the 'Guiding Principles for Business and Human Rights' as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an earlier unsuccessful attempt by a Sub-Commission of the UN Commission on Human Rights to win approval for a set of binding corporate human rights norms, the so called 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights'. This article identifies and discusses the reasons why the Norms eventually failed to win approval by the then UN Commission on Human Rights. This discussion assists an understanding of the difficulties in establishing binding 'hard law' obligations for transnational corporations with regard to human rights within the wider framework of international law. It elucidates the possible motives as well as the underlying rationale which led first to the adoption and then the rapid abandoning of the Norms. The discussion also sheds light on the future of the voluntarism of business human rights compliance, on the likelihood of finding alternative solutions, and finally on the rationale for, and effect of, the 'Guiding Principles for Business and Human Rights'.

      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 17 Issue 1 - Deakin Law School 20th anniversary dinner address
    • Abstract: French, Robert
      PubDate: Tue, 20 Nov 2012 09:13:02 GMT
       
  • Volume 16 Issue 1 - Recruitment and retention of community sector lawyers:
           Regional differences within New South Wales
    • Abstract: Cain, Michael; Forell, Suzie
      The Aboriginal Legal Service, Community Legal Centres, Legal Aid NSW and private solicitors undertaking legal aid work all have a role in meeting the legal needs of disadvantaged communities in rural, regional and remote (RRR) parts of NSW. Yet there are reports that staff shortages are affecting the capacity of these services to perform this work - in some areas more than others. In order to gain a 'snapshot' of solicitor availability in RRR areas and to assess any regional differences in their availability to undertake community sector legal work in NSW, the Law and Justice Foundation of NSW has undertaken a census of all public legal assistance positions in NSW. The study examined whether the positions were filled or vacant, how they were filled, and the length of time that they were filled (or vacant). The research also drew upon data from the NSW Law Society and the three main public legal services in NSW to map solicitor availability across NSW against a range of indicators, including socio-economic disadvantage. In addition, interviews were conducted with solicitors working in (and who had left) 'hard to staff' areas with a view to better understanding differences in the recruitment and retention of solicitors across RRR areas of NSW. The major findings of the Foundation's full research report 1 are discussed in this paper.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Sustainable regional legal practice: The importance of
           alliances and the use of innovative information technology by legal
           practices in regional, rural and remote Queensland
    • Abstract: Hart, Caroline
      Recent reports into legal services in regional, rural and remote Queensland indicate that the supply of legal practitioners is insufficient to provide adequate legal services. This paper draws on the results of thirty in-depth interviews with partners (and directors of incorporated legal practices) on the topic of sustainable regional, rural and remote legal practice, with reference to business management practices. This paper focuses on the use of informal alliances between practitioners, and their use of innovative information technology in an effort to deal with the insufficiency of qualified legal staff.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Using technology to increase support for rural and
           regional legal professionals
    • Abstract: Kennedy, Amanda; Winn, Stephen
      An examination of available continuing professional education (CPE) opportunities for legal practitioners in rural and regional Australia illustrates that more can be done to ensure that practitioners receive a high quality and synchronous program that can be sustained and that is adequate to fulfil the ongoing needs of rural and regional practitioners. The provision of CPE is focused principally upon the delivery of professional knowledge relevant to legal practice. However, there is limited evidence of highly developed systems that draw on sophisticated educational pedagogy and synchronous interactive technology to deliver professional content. The use of synchronous interactive technologies which provide for a deeper, peer-to-peer interaction are not currently in widespread use. Moreover, there is currently minimal support for the broader issues of the management of rural and regional practice, the specific family or health and welfare issues of rural and regional legal professionals, and the particular problems confronting rural and regional professionals living in small communities where complementary services are lacking. This paper explores the potential to significantly increase support for rural and regional legal professionals in ways that address the above issues.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Access to environmental justice
    • Abstract: Millner, Felicity
      Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Postcode justice: Rural and regional disadvantage in
           the administration of the law
    • Abstract: Coverdale, Richard
      The paper signposts a number of issues identified within the research project: Postcode Justice - Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of 'distance' to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates' Court criminal court programs which embrace the principles of 'problem solving courts' and 'therapeutic jurisprudence'. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified 'voice' is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Youth justice: Challenges in responding to young
           people convicted of sexual offences
    • Abstract: O'Brien, Wendy
      The clinical and criminological literature on adolescents who have committed sexual offences indicates that the pathologisation of young people and a labelling or overly punitive response is likely to be more harmful than rehabilitative. Accordingly, therapeutic counselling and diversionary schemes are seen as preferable to custodial terms in most instances. For adolescents convicted of sex offences, clinicians identify the benefits of comprehensive therapeutic care which involves family and is sensitive to the young person's context and culture. The benefits of this approach are documented and, although data are limited, indications are that recidivism is reduced where adolescents are provided with specialised counselling to encourage positive and non-abusive behaviours. In Australia, each state and territory has provisions for youth justice clients serving custodial or community orders for sexually abusive behaviours. Yet each jurisdiction experiences challenges in ensuring the delivery of equitable and comprehensive therapeutic services, particularly to regionally and remotely located youth. This paper draws on data from a national study of the therapeutic services to children and adolescents with sexualised or sexual offending behaviours. With attention to the difficulties in providing services to regionally and remotely located adolescents, this paper highlights challenges around lengthy remand terms, the provision of pre-offence diversionary programs, and the provision of specialised supervision for young people serving community orders. For example, jurisdictions with the largest geographic service areas face enormous difficulties in providing specialised supervision for community-based orders. At present, there are several jurisdictions where regionally and remotely located adolescents may serve the duration of a youth justice order without receiving specialised counselling to assist them in modifying their behaviours. The paper identifies the risks where specialised counselling cannot be provided, but also identifies specific initiatives designed to fill these gaps in service provision to youth justice clients.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Legislative and community support for offender
           reintegration in Victoria
    • Abstract: Hardcastle, Lesley; Bartholomew, Terry; Graffam, Joe
      The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation's efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader 'resettlement' of offenders. However, this movement of correctional imperatives into the 'social' realm brings considerable challenges. Perhaps most significantly, the achievement of reintegration is dependent on juridical and community support in ways that other sentencing goals are not. Given the array of understandings of what 'reintegration' actually is, the abundance of programs claiming such a focus, and the reliance that reintegrative ideas have on community support, measuring the extent and nature of such support is seen as a useful exercise. With the above in mind, the goal of this paper is to identify legislative and community obstacles to the success of reintegrative ideals and policies. The paper first examines relevant legislation for references to reintegrative notions, finding a legislative ambivalence about such ideas. It then presents findings from a Victoria-wide survey of community views about the reintegration of ex-offenders. Participants in the community survey (n = 2635) were asked for their views about sentencing objectives, and the nature of their support for employment and housing initiatives. The results showed low levels of overall support for reintegration, with numerous more subtle distinctions being evident. The data also identify numerous areas where reintegrative programs are likely to be more readily accepted. The findings also indicate a need for targeted research into the correlates of community readiness for specific aspects of offender reintegration, and underlines the need for community education about the social implications of effective reintegration policies for urban, regional and rural communities.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Bush lawyers in New South Wales and Queensland: A
           spatial analysis
    • Abstract: McDougall, Kevin; Mortensen, Reid
      This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society's claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an equal or marginally better provision of legal services in all ARIA categories. The implications that this has for conveyancing protection, and other differences between the states (the earlier availability of incorporated law practices (ILPs) and the higher number of regional law schools in NSW) are discussed. Only a comprehensive longitudinal analysis can more strongly isolate the likely effect, if any, of conveyancing protection, ILPs and regional law schools on bush practice. However, the suggestion is that the differences in legal infrastructure - including conveyancing protection - are less important for supporting legal services in the bush than social considerations (family, lifestyle, professional development, gender, employment patterns and salary) are likely to be.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Professional services and rural services poverty
    • Abstract: Martin, Paul; Williams, Jacqueline; Kennedy, Amanda
      It is a fact that rural people suffer from professional services deprivation relative to their urban counterparts. Access to legal services is one form of this deprivation. Whilst often understood as a workforce problem, the issue has broader implications for the economic and social welfare of communities and the professionals who try to serve their needs. In particular the inability to access sufficient 'knowledge services' lies at the heart of many problems of rural social exclusion, the cost of which falls inevitably on those who are less mobile, or less capable of securing wealth. This paper takes a systemic look at rural professional services delivery, placing legal services in their larger context as part of the (often incomplete) professional network that supports communities. It outlines the systemic problem and aspects of the specific issues for rural professional services. It presents the results from a survey and a summit organised to discuss the issues that span various professions, and outlines some of the directions that the legal profession might take.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Strategies for meeting rural legal needs: Lessons from
           local, regional and international experience
    • Abstract: Economides, Kim
      This paper considers policy options for future planning of legal services in rural and remote areas and assesses the relative merits of the public and private sectors in identifying and meeting legal needs in such areas. Drawing on previous research and a range of national and international experience I focus on the future development of proactive services in legal service delivery: first, through examining the idea of 'rural law (community) centres' employing salaried lawyers and 'paralegals' working in the public sector; second, through speculating on the implications of emerging alternative business structures and new technology currently evolving in the private sector. The paper evaluates various delivery models (and their likely impact) and considers whether strategic approaches are possible when rural communities are so often dispersed, isolated and politically marginal. It examines the concept and practice of 'rural proofing', as developed by policymakers in the United Kingdom and New Zealand, in order to see whether legal services policy can be better attuned to the needs and expectations of rural communities.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Access to a lawyer in rural Australia: Thoughts on the
           evidence we need
    • Abstract: Rice, Simon
      NSW Law Society membership data 1988-2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, the limits on access to law in rural Australia. One way of thinking about the further research that can be done is to consider the research implications of the many different ways the issue of rural access to law is expressed, and the different dimensions that are emphasised in those formulations.

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - Law and justice outside the CBD
    • Abstract: French, Robert
      Rural and regional Australia frames much of our national history and cultural heritage and therefore of our identity as a people. The oldest and most pervasive part of that history and heritage is found in the intricate and beautiful legends of the Dreamtime which have mapped and named Australian landscapes for tens of thousands of years. Those legends find visual, aural and kinetic expression in the art, songs and dances of Aboriginal people living and dead, which we and the world have only really begun to appreciate in the last half century. The rise of that appreciation and the affirmation by Aboriginal people of their cultural heritage perhaps mitigates the darker aspect of the consequences .

      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 16 Issue 1 - National rural regional law and justice conference
    • Abstract: Coverdale, Richard
      PubDate: Thu, 3 Nov 2011 09:09:37 GMT
       
  • Volume 15 Issue 2 - Gifts: A Study in Comparative Law [Book Review]
    • Abstract: Mendelson, Danuta
      The review and analysis of the book 'Gifts: a study in comparative law' by Richard Hyland is discussed. The book provides an erudite analysis of the law of gifts which is impressive in its international scope.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - Something to Declare: A Memoir [Book Review]
    • Abstract: Roos, Oscar I
      The review and analysis of the book 'Something to declare: a memoir' by Sir James Gobbo is discussed. The book is competently written; however, reads as a largely lifeless retelling of facts, rather than as a document which consistently engages the interest of the reader.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - Eisenwerk Reconsidered (Twice) - a Case Note on
           Cargill International Sa v Peabody Australia Mining Ltd, and Wagners
           Nouvelle Caledonie Sarl v Vale Inco Nouvelle Caledonie SAS
    • Abstract: Hayward, Benjamin
      The key aspects and features of the cases of Cargill International SA v Peabody Australia Mining Ltd, and Wagners Nouvelle Caledonie SARL v Vale Inco Niuvelle Calednie SAS to arrive at a better understanding of Eisenerk in Australian law are discussed. The important implications of the decisions are highlighted.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - Provocation as a Complete Defence to Trespass to the
           Person
    • Abstract: Pingree, Andrew
      The basis on which the law of trespass to the person denies mitigation of compensatory damages is a purely philosophical position which can be described as high minded but impractical. The law is criticised in this article on a number of bases including the fact that the leading case, Fontin v Katapodis, established this position without revealing the judicial reasoning which was applied. The notion of a victim's fundamental right not to be touched or threatened is criticised and an argument of implied consent by the provocateur is put, as also is an argument that a person's actions can be so much a function of external influences that their blame ought to be reduced proportionally. Some policy considerations are also raised to justify a change in the law.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - The Legal Effect of Voluntary Self-exclusion Programs
           for Problem Gamblers
    • Abstract: Antolak-Saper, Natalia
      The voluntary self exclusion program has been designed as one attempt to minimise the harm caused by problem gambling and electronic gaming machines. However, the program's role as a genuine regulatory response is questionable. Few reporting requirements for gaming corporations and a reliance on an unsophisticated method of detecting self-excluded problem gamblers significantly undermine the purpose of the program. This paper considers the liability of gaming venues and corporations in circumstances where a self-excluded problem gambler has not been successfully excluded from the gaming venue. It is suggested that, in entering into the program, a problem gambler may be under a reasonable expectation that the gaming venue will assist in his or her endeavour to control the problematic gambling. Drawing primarily on the laws of Victoria, this article will discuss how the voluntary self-exclusion program is in need of reform so that it can better act as a harm minimisation mechanism. Further, the article will explore possible legal redress in contract, equity and under the Trade Practices Act 1974 (Cth), for problem gamblers who have participated in an ineffective voluntary self-exclusion program.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - Control Orders Post 9-11 and Human Rights in the
           United Kingdom, Australia and Canada: A Kafkaesque Dilemma'
    • Abstract: Sascha-Dominik, Bachmann; Burt, Matthew
      This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question of whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK's present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada have enacted to protect their nations from the threat of terrorism. It will conclude with a discussion of possible reforms as well as other security measures which have been identified as alternatives to control orders and which form the basis of present UK governmental initiatives to limit the scope and impact of anti terrorism legislation.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 2 - The Obligation to Communicate: The Interaction between
           Language and the Law
    • Abstract: Warren, Marilyn
      The Honorable Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria delivered the 2010 Richard Searby Oration at Deakin University on 21 September, 2010. The talks was about how the obligation to communicate and effective interaction between language and law would be fulfilled to the benefit of society if the judgement process is made accessible through effective language with technology.

      PubDate: Mon, 21 Mar 2011 09:47:55 GMT
       
  • Volume 15 Issue 1 - Constitutional Advancement in a Frozen Continent:
           Essays in Honour of George Winterton [Book Review]
    • Abstract: Meagher, Dan
      Critical review of the book 'Constitutional Advancement in a Frozen Continent: Essays in Honour of George Winterton', by H P Lee.

      PubDate: Fri, 15 Oct 2010 12:17:35 GMT
       
  • Volume 15 Issue 1 - Carbon Taxation versus Emissions Trading Schemes'
    • Abstract: Sheehan, John
      The key aspects and features of an Emissions Trading Scheme (ETSs) which allows trading of permits to emit Greenhouse Gas (GHG) are discussed. The advantages and disadvantages of a carbon taxation system as against an ETS are highlighted.

      PubDate: Fri, 15 Oct 2010 12:17:35 GMT
       
  • Volume 15 Issue 1 - When Is a Code a Code'
    • Abstract: Hemming, Andrew
      This paper will develop the proposition that criminal codes in Australia are misnamed because they fail the fundamental test for a code of comprehensively stating the criminal law in one statute. This contention applies to all codes from the Griffith Codes of Queensland, Western Australia, Tasmania and the Northern Territory to the more recently minted Criminal Code 1995 (Cth). The reason for such failure is that all the codes are too sparsely written, and, due to inadequate definitional detail or statement of the appropriate tests to be applied, judges are required to have recourse to the common law to 'fill in the blanks' left by the code. It is here argued that a code needs to be structured with the objective of keeping statutory interpretation within the four corners of the code. Bland injunctions that recourse to the common law is permissible only when the meaning is uncertain or where a prior technical meaning existed are wholly inadequate. The paper sets out a series of examples which cover both offences and defences (such as causation and provocation) and which are intended to demonstrate the appropriate level of detail required to meet the conventional definition of a true code without sacrificing clarity. These examples should be viewed as templates for use in a variety of contexts, supporting the proposition that clarity, not confusion, can result from more detailed drafting. Drafting of this kind, which is directed at incorporating the relevant tests that the legislature accepts as appropriate, reduces reliance on secondary material such as second reading speeches. Secondly, it firmly tilts the legislature-judiciary 'partnership' in favour of the legislature (as a true code should) leaving the judiciary to explain the tests to the jury rather than to select which tests are appropriate. In this way at least consistency within a code, rather than uniformity across codes, can be promoted.

      PubDate: Fri, 15 Oct 2010 12:17:35 GMT
       
  • Volume 15 Issue 1 - Trade-based Money Laundering: Responding to an
           Emerging Threat
    • Abstract: McSkimming, Samuel
      Concerted global effort has made the financial system an increasingly hostile and risky environment in which to launder illicit funds. As a result, offenders are increasingly turning to money laundering typologies that operate outside the financial system - primarily, trade-based money laundering. Despite this, enforcement agencies are ill-equipped to systematically detect and prevent trade-based financial crime. This paper makes several observations. The first is that, while little has been done to prevent trade-based financial crime, there is also little evidence of its ill effect. Further, there has been little consideration as to whether systematic monitoring of the trade system would be cost-effective, relative to the number of offenders detected and the harm prevented. Without such analysis, it is almost impossible to reach a measured and balanced view on appropriate policy settings. The second is that, even if monitoring were to be implemented, the analytical methodologies that are currently used have major flaws. They not only rely on data that is often of poor quality, but may also be worryingly easy to circumvent. This too raises serious questions about the effectiveness of the proposed policy responses to trade-based money laundering. The difficulties associated with data monitoring also raise the spectre of a significant increase in the number of physical, and therefore costly, inspections of trade goods.

      PubDate: Fri, 15 Oct 2010 12:17:35 GMT
       
  • Volume 15 Issue 1 - Shielding Critical Infrastructure Information-sharing
           Schemes from Competition Law
    • Abstract: Corones, Stephen; Lane, Bill
      Because the majority of critical infrastructure is now owned or operated by the private sector, governments have implemented schemes to facilitate the exchange of information between private sector owners and operators, to ensure that it is protected from terrorist attack. The operation of these information-sharing schemes has the potential to contravene the competition law provisions contained in Division 1 and Division 2 of Part IV of the Trade Practices Act 1974 (Cth) (TPA). In light of these matters, this article considers whether there is a need for a specific statutory defence in the TPA in order to ensure that such arrangements can operate effectively and encourage the frank exchange of this type of information. The article examines the existing voluntary self-regulatory scheme adopted in Australia in 2003 and compares it with similar schemes in the United States where there is a move away from voluntary self-regulation towards a mandatory regulatory model with a specific legislated defence to shield critical infrastructure information-exchange arrangements from antitrust laws.

      PubDate: Fri, 15 Oct 2010 12:17:35 GMT
       
  • Volume 14 Issue 2 - Judicial Ethics in Australia (3rd Ed) [Book Review]
    • Abstract: Roos, Oscar I
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Reflections on Public Health Policy in the Food
           Regulatory System: Challenges, and Opportunities for Nutrition and Food
           Law Experts to Collaborate
    • Abstract: Lawrence, Mark
      Diet-related diseases such as obesity, heart disease, diabetes and cancer are reaching epidemic proportions in many developed countries. Although there are increasing calls across the food regulatory system for interventions to help protect and promote public health, there is not a strong history of collaboration between public health nutritionists and food law experts in this area. This article explores the challenges facing public health nutritionists and food law experts and their opportunities to collaborate in the food regulatory system. Through a reflection on experiences with food fortification and food labelling policy debates, challenges to the objective of protecting public health and safety in the food regulatory system are identified. These challenges include: the absence of a coherent food and nutrition policy; the lack of a clear definition of what is meant by the objective 'to protect public health and safety'; capacity constraints; and limitations imposed by dominant regulatory reform agendas. Two case studies are provided to describe opportunities that are being pursued for public health nutritionists and food law experts to collaborate in the food regulatory system. The first case study describes a research project investigating reform of the Australian food regulatory system in relation to obesity prevention. The second case study describes a research proposal to review the role of nutrition in decision-making within the Australian food regulatory system. The paper concludes that, to become more effective when working across the food regulatory system to protect and promote public health, public health nutritionists and food law experts need to collaborate more strategically in research and practice.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Protecting Legal Rights When Things Go Wrong: Legal
           Recourse If Mandatory Fortification of a Food Were to Harm Human Health
    • Abstract: Lederman, Joe
      Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Crown Immunity in a Food Crisis: A Consideration of
           the 2008 Listeriosis Outbreak in Canada
    • Abstract: Miller, Shelley L; Finlay, Shauna N
      In Canadian law, the question of whether agents for federal and provincial governments can be liable to consumers in negligence has traditionally been resolved in the negative. However, when many Canadians suddenly fell ill and others died due to exposure to listeria-infected meat products in mid-2008, the ensuing public health crisis and criticism of the government agency that handled it obliged the Prime Minister to call for an investigation and report upon the conduct of the Canadian Food Inspection Agency. In the context of the unfolding investigation, the authors examine the underlying rationale and policy reasons for the Canadian courts' doctrine of Crown immunity and whether the time might be ripe for policy change in circumstances like those which gave rise to the losses caused by listeriosis.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - The System of Food Law in the European Union
    • Abstract: van der Meulen, Bernd MJ
      The first decade of the twenty-first century has seen a complete recast of the regulatory infrastructure for food in the European Union (EU), changing its previously strict market orientation and turning it into an instrument with the primary objective of ensuring food safety. This article contributes to the comparative study of food law by analysing the new body of EU food law and bringing the underlying structure to the forefront. EU food law applies an holistic approach to the food chain, addressing, on the basis of scientific risk analysis: food as a product in terms of its accepted ingredients and the limits placed on contaminants; the processes of food production, trade and risk management; and the presentation of food in advertising and labelling. The European Commission and the Member States share responsibility for official controls, incident management and enforcement.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Protecting Health, Environment and Agriculture:
           Authorisation of Genetically Modified Crops and Food in the United States
           and the European Union
    • Abstract: Grossman, Margaret Rosso
      Millions of agricultural producers from around the globe now cultivate genetically modified (GM) crops. In both the United States and the European Union, these crops and their food and feed products must be approved after evaluations designed to protect health, the environment, and agriculture. In the United States, federal agencies implement the authorisation process; in the European Community, both Community institutions and Member State authorities play roles. This article describes the comprehensive regulatory provisions that govern GM crops and their products under US and EC law. The article then compares requirements in the two legal systems, with a focus on the process of authorisation, requirements for labelling, and the exercise of precaution in the regulatory process.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - International and Domestic Trade Regulations to Secure
           the Food Supply
    • Abstract: Kaufmann, Christine; Ehlert, Caroline
      In a time of global warming, of financial crisis, and of a crisis in food availability we need to ask how the food supply can be secured into the future. The present article considers the extent to which food security is at risk and considers how this risk is currently addressed through international and domestic trade regulation. It gives particular attention to the problems of the poor in the face of increasing biofuel production. It argues that sustainable results can only come about if the interests of the most vulnerable groups of the community are addressed at the international level. In particular, the current regulatory frameworks need to be enforced in order to ensure the food security of the world's population.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Symposium Introduction: Food Law - Challenges and
           Future Directions
    • Abstract: Freckelton, Ian
      Food law, viewed in historical context, through the lens of recent human rights instruments, and in the glare of modern globalisation, is necessarily international. However, as yet international approaches toward trade restrictions and tariffs, provision of aid, processes to regulate the growing, sale, contamination, labelling and distribution of food, as well as crop production are substantially at variance. So too are legal responses, including criminal liability, coronial inquests and the civil liability of regulators. However, there is much to be said for better discourse about such matters at an international level through an International Association of Food Law and Policy in order to explore the potential to reduce inconsistencies, based upon scientific approaches to health and safety and the creation of coherent approaches to what are essentially transnational dilemmas.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Recent Developments in Sexual Harassment Law: Towards
           a New Model
    • Abstract: Mackay, Anita
      Despite more than 20 years of sexual harassment being unlawful, it is still a persistent problem in Australian workplaces and one which is grossly under-reported. The law is this area should seek both to redress the harm suffered by the victim and to reduce the power imbalance between males and females. The effectiveness of the Sex Discrimination Act 1984 in achieving these objectives was reviewed by a Senate Committee in 2008. One of its recommendations was for positive duties to be imposed on employers to eliminate sexual harassment. This article outlines how this recommendation might be implemented, and taken further, by shifting the onus away from the victim and onto the more powerful players in any sexual harassment scenario - the harasser, the employer and the community in the relevant workplace.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - State-based Business Licensing in Australia: The
           Constitution, Economics and International Perspectives
    • Abstract: Gray, Anthony
      This article considers the current controversial question of the continuing existence of state licensing systems in relation to businesses and occupations. While there may be good reasons for such regimes, differing requirements in different jurisdictions can have the effect of making it more difficult for families and individuals to conduct business in particular jurisdictions, and can inhibit them from moving between jurisdictions. These restrictions could, in the view of economists, lead to inefficient use of human resources. The article considers the extent to which section 92 of the Constitution might be invoked to challenge such regulations, bearing in mind past case law on the section and the recent Betfair decision.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 2 - Too Much Law': Risk, Reasonableness and the Judge
           as Regulator
    • Abstract: Maxwell, Chris
      The role of the judge as a gatekeeper and guardian of reasonableness as promoted by Alfred Deakin is discussed. Judges are entrusted with the function of assessing the reasonableness of the conduct of defendants and the appropriate scope of liability in negligence.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 1 - Death of Labour Law': Comparative Perspectives
           [Book Review]
    • Abstract: Lambropoulos, Victoria
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 14 Issue 1 - Animal Law in Australasia [Book Review]
    • Abstract: Glasgow, David
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
 
 
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