Subjects -> LAW (Total: 1573 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (92 journals)
    - CRIMINAL LAW (27 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (154 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (190 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (966 journals)
    - LAW: GENERAL (9 journals)

LAW (966 journals)            First | 1 2 3 4 5     

Showing 201 - 354 of 354 Journals sorted alphabetically
e-Pública : Revista Eletrónica de Direito Público     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 3)
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 16)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 18)
Energy Law Journal     Full-text available via subscription   (Followers: 6)
Environmental Justice     Hybrid Journal   (Followers: 11)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
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: 14)
European Journal of Law and Technology     Open Access   (Followers: 21)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 7)
European Law Journal     Hybrid Journal   (Followers: 206)
European Public Law     Full-text available via subscription   (Followers: 41)
European Review of Contract Law     Hybrid Journal   (Followers: 26)
European Review of Private Law     Full-text available via subscription   (Followers: 38)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 8)
Evidence & Policy : A Journal of Research, Debate and Practice     Hybrid Journal   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 33)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 20)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
FinanzRundschau : Zeitschrift für das gesamte Ertragsteuerrecht     Hybrid Journal  
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: 2)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 20)
Fordham Law Review     Open Access   (Followers: 14)
Forensic Science International : Mind and Law     Open Access   (Followers: 5)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Frónesis     Open Access   (Followers: 1)
Fundamina : A Journal of Legal History     Open Access   (Followers: 6)
Geoforum     Hybrid Journal   (Followers: 31)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 3)
GISAP : Economics, Jurisprudence and Management     Open Access  
Global Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Global Labour Journal     Open Access   (Followers: 11)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 2)
Golden Gate University Law Review     Open Access   (Followers: 2)
Graduate Law Journal     Open Access  
Grey Room     Hybrid Journal   (Followers: 17)
Griffith Law Review     Hybrid Journal   (Followers: 13)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)
Hague Journal on the Rule of Law     Full-text available via subscription   (Followers: 14)
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam     Open Access   (Followers: 1)
Hamline Law Review     Open Access   (Followers: 2)
Handbook of Law and Economics     Full-text available via subscription   (Followers: 17)
Haramaya Law Review     Open Access   (Followers: 1)
Harvard Environmental Law Review     Free   (Followers: 10)
Harvard Human Rights Journal     Open Access   (Followers: 10)
Harvard Journal of Law & Public Policy     Free   (Followers: 31)
Harvard Journal of Law and Gender     Free   (Followers: 29)
Harvard Law Review     Free   (Followers: 99)
Hasanuddin Law Review     Open Access   (Followers: 5)
Hastings Law Journal     Free   (Followers: 9)
Health Matrix : The Journal of Law-Medicine     Open Access   (Followers: 1)
Helsinki Law Review     Open Access  
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
Hofstra Law Review     Open Access   (Followers: 2)
Horyzonty Polityki     Open Access  
Houston Law Review     Free   (Followers: 4)
Hukum Dan Dinamika Masyarakat     Open Access  
Hukum Islam     Open Access  
Human Rights Education Review     Open Access  
IALS Student Law Review     Open Access   (Followers: 5)
IDÉIAS : Revista dos estudantes da Faculdade de Direito do Recife (UFPE)     Open Access  
IDP. Revista de Internet, Derecho y Politica     Open Access   (Followers: 2)
IIUM Law Journal     Open Access   (Followers: 1)
Indian Law Review     Hybrid Journal  
Indiana Journal of Global Legal Studies     Full-text available via subscription   (Followers: 1)
Indiana Law Journal     Open Access   (Followers: 3)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 20)
Indigenous Peoples’ Journal of Law, Culture & Resistance     Open Access   (Followers: 2)
Indonesia Law Review     Open Access   (Followers: 5)
Indonesian Journal of Legal and Forensic Sciences     Open Access  
Information & Communications Technology Law     Hybrid Journal   (Followers: 23)
İnönü Üniversitesi Hukuk Fakültesi Dergisi     Open Access   (Followers: 1)
InSURgência : revista de direitos e movimentos sociais     Open Access  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International and Comparative Law Review     Open Access   (Followers: 4)
International Data Privacy Law     Hybrid Journal   (Followers: 22)
International Free and Open Source Software Law Review     Open Access   (Followers: 9)
International Journal of Children's Rights     Hybrid Journal   (Followers: 23)
International Journal of Clinical Legal Education     Open Access  
International Journal of Disclosure and Governance     Hybrid Journal   (Followers: 6)
International Journal of Healthcare Policy     Hybrid Journal   (Followers: 1)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law Reconstruction     Open Access  
International Journal of Legal Discourse     Hybrid Journal  
International Journal of Legal Information     Full-text available via subscription   (Followers: 351)
International Journal of Legal Medicine     Hybrid Journal   (Followers: 10)
International Journal of Liability and Scientific Enquiry     Hybrid Journal   (Followers: 1)
International Journal of Marine and Coastal Law     Hybrid Journal   (Followers: 21)
International Journal of Mental Health and Capacity Law     Open Access   (Followers: 2)
International Journal of Public Legal Education     Open Access   (Followers: 1)
International Journal of Punishment and Sentencing, The     Full-text available via subscription   (Followers: 10)
International Journal of Rural Law and Policy     Open Access   (Followers: 3)
International Journal of Speech Language and the Law     Hybrid Journal   (Followers: 9)
International Journal of Technology Policy and Law     Hybrid Journal   (Followers: 7)
International Journal of the Legal Profession     Hybrid Journal   (Followers: 9)
International Journal of the Sociology of Law     Hybrid Journal   (Followers: 23)
International Law Research     Open Access   (Followers: 2)
International Peacekeeping     Hybrid Journal   (Followers: 480)
International Review of Economics, Management and Law Research     Open Access  
International Sports Law Journal     Hybrid Journal   (Followers: 6)
International Theory: A Journal of International Politics, Law and Philosophy     Hybrid Journal   (Followers: 19)
Internationale SteuerRundschau : Zeitschrift für das gesamte Internationale und Europäische Steuerrecht     Hybrid Journal  
IP Theory     Open Access   (Followers: 12)
Isonomía. Revista de Teoría y Filosofía del Derecho     Open Access   (Followers: 1)
Iter Ad Veritatem     Open Access  
Iuris Dictio     Open Access  
Iuris Tantum Revista Boliviana de Derecho     Open Access  
Ius Canonicum     Full-text available via subscription  
Ius et Praxis     Open Access  
IUS ET SCIENTIA     Open Access   (Followers: 1)
IUSTA : Derecho, investigación, conflicto, prácticas jurídicas     Open Access  
James Cook University Law Review     Full-text available via subscription   (Followers: 4)
Jeffrey S. Moorad Sports Law Journal     Open Access   (Followers: 1)
JILS (Journal of Indonesian Legal Studies)     Open Access   (Followers: 2)
Jindal Global Law Review     Hybrid Journal   (Followers: 1)
John Marshall Journal of Information Technology & Privacy Law     Full-text available via subscription   (Followers: 7)
John Marshall Law Review     Full-text available via subscription  
John Marshall Review of Intellectual Property Law     Free   (Followers: 10)
Journal for European Environmental & Planning Law     Hybrid Journal   (Followers: 6)
Journal for Juridical Science     Full-text available via subscription  
Journal für Rechtspolitik     Hybrid Journal  
Journal of African Law     Full-text available via subscription   (Followers: 2)
Journal of Applied Law and Policy     Full-text available via subscription   (Followers: 3)
Journal of Banking Regulation     Hybrid Journal   (Followers: 28)
Journal of Business & Technology Law     Open Access   (Followers: 1)
Journal of Commonwealth Law and Legal Education     Hybrid Journal   (Followers: 5)
Journal of Conflict and Security Law     Hybrid Journal   (Followers: 19)
Journal of Contemporary Health Law & Policy     Open Access   (Followers: 2)
Journal of Digital Forensics, Security and Law     Open Access  
Journal of Dinamika Hukum     Open Access   (Followers: 2)
Journal of Empirical Legal Studies     Hybrid Journal   (Followers: 11)
Journal of Energy & Natural Resources Law     Hybrid Journal   (Followers: 6)
Journal of Environmental Law     Hybrid Journal   (Followers: 21)
Journal of Environmental Policy & Planning     Hybrid Journal   (Followers: 14)
Journal of European Consumer and Market Law     Hybrid Journal   (Followers: 6)
Journal of Gender, Social Policy & the Law     Open Access   (Followers: 21)
Journal of Health & Biomedical Law     Full-text available via subscription   (Followers: 4)
Journal of Human Security     Open Access   (Followers: 10)
Journal of Information Rights, Policy and Practice     Open Access  
Journal of Intelligent Transportation Systems: Technology, Planning, and Operations     Hybrid Journal   (Followers: 4)
Journal of International Peacekeeping     Hybrid Journal   (Followers: 337)
Journal of Intervention and Statebuilding     Hybrid Journal   (Followers: 9)
Journal of Islamic and Near Eastern Law     Open Access   (Followers: 4)
Journal of Istanbul University Law Faculty     Open Access  
Journal of Law and Conflict Resolution     Open Access   (Followers: 7)
Journal of Law and Courts     Full-text available via subscription   (Followers: 8)
Journal of Law and Education     Full-text available via subscription   (Followers: 11)
Journal of Law and Health     Open Access   (Followers: 9)
Journal of Law and Legal Reform     Open Access   (Followers: 3)
Journal of Law and Policy     Open Access   (Followers: 3)
Journal of Law and Regulation     Open Access   (Followers: 1)
Journal of Law and Religion     Full-text available via subscription   (Followers: 8)
Journal of Law and Social Policy     Open Access   (Followers: 5)
Journal of Law and Society     Hybrid Journal   (Followers: 41)
Journal of Law and the Biosciences     Open Access   (Followers: 5)
Journal of Law, Information and Science     Full-text available via subscription   (Followers: 19)
Journal of Law, Medicine & Ethics     Hybrid Journal   (Followers: 24)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Law, Religion and State     Hybrid Journal   (Followers: 8)
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction     Full-text available via subscription   (Followers: 5)
Journal of Legal Analysis     Open Access   (Followers: 6)
Journal of Legal Anthropology     Full-text available via subscription   (Followers: 1)
Journal of Legal Education     Open Access   (Followers: 7)
Journal of Legal Pluralism and Unofficial Law     Hybrid Journal   (Followers: 3)
Journal of Legal Studies     Open Access   (Followers: 10)
Journal of Legal Studies     Full-text available via subscription   (Followers: 41)
Journal of Legal Studies Education     Hybrid Journal   (Followers: 7)
Journal of Legal, Ethical and Regulatory Issues     Open Access   (Followers: 5)
Journal of Media Law     Hybrid Journal   (Followers: 10)
Journal of Medical Law and Ethics     Full-text available via subscription   (Followers: 16)
Journal of National Security Law & Policy     Free   (Followers: 8)
Journal of Nursing Law     Hybrid Journal   (Followers: 5)

  First | 1 2 3 4 5     

Similar Journals
Journal Cover
James Cook University Law Review
Number of Followers: 4  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1321-1072
Published by RMIT Publishing Homepage  [387 journals]
  • Volume 25 'Gourley' revisited - taxing damages
    • Abstract: Graw, Stephen
      For taxation purposes compensation payments assume the same character as the thing they replace - and they are then taxed accordingly. Compensation for lost income is therefore normally taxable in the hands of the recipient and, consequently, the operation of the 'compensation principle' requires that the award be made on a pre-tax basis. Where compensation is awarded not for lost income but for lost 'earning capacity' (a capital asset) the calculation of quantum becomes more complicated. The 'Gourley principle' evolved to address that issue. In short it provides that in personal injuries and wrongful dismissal actions, the amount awarded for loss of earning capacity is to be calculated on a 'net of tax' basis, because those damages, not being on income account, are not themselves taxable. While there is much to commend the principle in the context of the compensation principle, it fails to take account of a number of issues that can affect the adequacy of compensation actually awarded and may therefore disadvantage the plaintiff. This paper considers areas in which a 'purist' application of the principle can produce 'unjust' results, examines the courts' responses to those problem areas and suggests options for possible legislative reform.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Sport governing bodies and the duty of care
    • Abstract: Davies, Chris
      A duty of care exists between various levels of sport, such as organisers to competitors, with governing bodies also owing a duty of care to competitors. Cricket's ball-tampering incident in Australia's test match against South Africa at The Wanderers, Cape Town, raised issues as to the culture and governance of cricket in Australia. Cricket Australia subsequently commissioned The Ethics Centre to conduct a report into the specific incident and the more general culture of Australian cricket. One of the comments made in the subsequent report, A Matter of Balance, was that a duty of care may be owed in regard to providing a balance between winning and ensuring a safe environment. Sport governing bodies, meanwhile, have had to face legal challenges regarding potential breaches of a duty of care in relation to serious spinal injuries suffered by players at various levels. However, the biggest challenge facing sport governing bodies is the issue of the long-term effects of concussion and it is suggested that the protocols introduced by various sports fulfils the duty of care in regard to this issue. It is also suggested that it is unlikely sports governing bodies in Australia will be held liable for historical concussion cases due to the fact they did not know of the long-term effects, and also should not have been expected to know.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Practising law under the human rights act 2019
    • Abstract: Mitchell, Bill
      I acknowledge the Wulgurukaba and Bindal people. The preamble to the 'Human Rights Act 2019' (Qld) ('the Act') provides '... human rights have a special importance for the Aboriginal peoples and Torres Strait Islander peoples of Queensland...' and 'of particular significance is the right to self-determination.' I stress the fundamental importance of self-determination within a human rights framework. It includes collective self-determination such as cultural rights self-sufficiency and independence, as well as individual identity, selfhood, autonomy and agency. Autonomy resides in the right to equality before the law but is intrinsically linked to many rights and freedoms. The very notion of freedom - or freedoms - implies autonomous, unimpeded and independent action.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Preface
    • Abstract: Graw, Stephen
      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Working collaboratively to highlight the voices of young people
           in Townsville
    • Abstract: O'Reilly, Sara; Braidwood, Lilli; D'Emden, Cindy; Gair, Susan; Savuro, Nikkola; Zuchowski, Ines
      Youth crime and crime prevention have been the focus of media attention and policy reforms in Australia. Recent inquiries, reports and reforms have brought about policy changes in the youth justice field, including engaging young people through diversionary services. The Lighthouse operated by the Townsville Aboriginal and Islander Health Service is an afterhours diversionary youth service. In this paper we present and discuss the current youth justice policy and funding context that led to the establishment of The Lighthouse, the service delivery model and practice of The Lighthouse, and report on the research collaboration, establishment, procedure and current status. We then describe a research collaboration between The Lighthouse and social work academics from James Cook University ('JCU'), based on research needs identified by The Lighthouse staff. This research is focused on exploring the voices of young people about service delivery, experiences and needs and mentoring Indigenous leadership. The collaborative research process and endeavours will be described and interim findings of the collaborative research presented.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Natural justice and sport: 'Petersen v Proserpine Golf Club'
    • Abstract: Davies, Chris
      Natural justice is a fundamental common law principle, one that also applies to non-judicial bodies which is why it is relevant to the disciplinary hearings of sporting clubs. It requires that a person accused of misbehaviour be given sufficient opportunity to prepare and present their case, and that bias not be involved in the decision. Both these aspects of natural justice were at issue on the North Queensland case of 'Petersen v Proserpine Golf Club Inc' due to the way in which the golf club conducted its hearings into allegations of misconduct against the plaintiff, Bernice Petersen.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 The therapeutic use exemption under the wada code: Balancing
           medical necessity against the right to clean sport
    • Abstract: Greenwood, Merinda
      The World Anti-Doping Agency ('WADA') is responsible for promoting, coordinating and monitoring anti-doping in elite sport. While it is necessary for WADA to protect athletes' right to participate in doping-free sport, the health of all athletes must not be compromised by prohibiting medical treatment entirely. WADA's Therapeutic Use Exemption ('TUE') recognises an athlete's legitimate therapeutic need for treatment which would otherwise be banned. Following the September 2016 hacking of WADA's databases containing confidential athlete medical data, WADA's TUE regime was widely criticised for the high number of elite athletes requiring TUEs. In light of such concerns, this paper evaluates the WADA's TUE regime. While the TUE regime largely balances competing interests of clean sport with athlete wellbeing, there is room for improvement. The author recommends changes to the current TUE application process to increase fairness to applicants and promote transparency, stringent regulation and training of sporting physicians, greater supervision and education of athletes granted TUEs, and greater transparency surrounding TUE disclosure. With the 2021 World Anti-Doping Code Review well underway, the current TUE regime must be carefully considered by sporting stakeholders to ensure positive changes can be made to WADA's TUE regime.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Advice for contributors
    • PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 A hard pill to swallow: The need to identify and treat ADHD to
           reduce sufferers' potential involvement in the criminal justice system
    • Abstract: Lane, Corey J; Chong, Mark David
      This paper explores the nature of Attention-Deficit Hyperactivity Disorder (ADHD), its prevalence among offender populations, and its consequent impact on the Australian criminal justice system. To that end, it will be divided into two major sections. The first encompasses an extensive review of what is currently known about ADHD, including the historical development of the diagnosis, its known aetiology, ADHD and correlates, estimates of its prevalence, its successful treatment, high-level adverse trajectories for sufferers, and associated costs. The second will examine the significant over representation of ADHD sufferers in youth and adult criminal justice populations and highlight the concerning lack of acknowledgment in major Australian criminal justice reviews of the prevalence and impact of ADHD. Finally, a call for action in relation to its strategic diagnosis, early intervention and treatment as a crucial part of an optimal criminal justice crime prevention strategy will be made.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 25 Reflections on a successful sustainable partnership between
           police and researchers: Responding to violent assaults against police
           project in north Queensland
    • Abstract: Casson, Darryn; Guteridge, Kevin; Dawes, Glenn
      A corpus of research exists which focuses on the value of partnerships between police and academic researchers. Some of the literature highlights the potential positive outcomes of successful partnerships for police in terms of informing policing practices and for academic researchers as a way of enhancing the impact of their research. Other studies identify the potential obstacles for developing successful and sustainable partnerships such as obtaining funding to conduct projects as well as overcoming a traditional mutual mistrust between police and academics. This paper provides a reflection on a successful partnership between Queensland Police Service and researchers at James Cook University in Townsville with reference to a project which focused on police as the victims of violent assaults in the course of their everyday duties. This co-authored paper assisted members of the research team to engage in a reflective practice to identify 'what works' well in partnerships, such as having sufficient time to develop a genuine rapport, working within a participatory methodological framework for conducting the research and co-producing a set of outcomes couched in accessible language in order to inform police practices. The paper concludes with a discussion of how the partnership has the possibility of emerging as an example of the 'third research tradition' which is characterised by productive and sustainable long-term collaborative partnerships between academics and police.

      PubDate: Mon, 9 Mar 2020 19:31:24 GMT
       
  • Volume 24 Hopeful perspectives: Incorporating hope theory in Australian
           law students' academic experience
    • Abstract: Holland, Claire; Taylor, Donnalee
      The graduate landscape paints an austere outlook for law students with the ultra-competitive legal market fluctuating in its need for graduate lawyers. How law students and members of the legal profession are adapting to the complex nature of modern legal roles and the 'wellness' of law students and legal professionals is being increasingly evaluated in Australia. Given that students are enrolling in law degrees in a fast-paced changing world, it is important for universities to consider how students' studies, academic achievement and career skills-building might be impacted by how they are thinking and feeling about their future. How students feel about and perceive their future affects their level of hope and subsequently their wellbeing. Hope is defined as an individuals' positive motivational state and perceived capability to plan and seek pathways to meet their desired goals. This review will consider evidence from the fields of positive psychology, first year experience in higher education, alternative dispute resolution, and teaching and learning pedagogy in order to examine how certain characteristics of the student experience relates to individual hope. The implications for future research in the field of hope theory, specifically in law student populations, and how hope theory can be utilised to inform teaching practices are discussed.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Remembrance of times past: Times missed and times not missed
    • Abstract: Kirby, Michael
      In this Mayo Lecture 2018, the author reviews his recollections of the years (1996- 2009) in which he served as a Justice of the High Court of Australia. His recollections begin with cataloguing the special features of the Court in terms of its role; work variety; facilities; accommodation; administration; circuits; chambers events; and international engagements.

      He then categorises some unmissed features including decisional deadlines; timing of his appointment; changed composition; political attacks; case assignments; growing disagreement; record keeping; and lost opportunities. The lecture concludes with an appreciation of the opportunity of service on the High Court.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 The combined onslaught of terrorism, political correctness, and
           the dictatorship of bureaucracy
    • Abstract: Morris, Tony
      The ancient Greeks imagined a monstrous creature, a ferocious three-headed dog which they called Cerberus, or the Hound of Hades. Cerberus guarded the gates of the Underworld, fawning on those who entered Hell voluntarily, but devouring those who attempted to leave. The Hound is mentioned in ancient myths recounted by the Greek writers Homer, Euripides and Apollodorus - also Xenophon, who should not be confused with the Australian Senator of the same name - and by the Roman poets Virgil, Horace, Ovid and Seneca. They tell that it was one of the Twelve Labours of Hercules - either the last or the secondlast, and therefore one of the more challenging - to capture the creature and bring it back to Greece.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Preface
    • Abstract: Graw, Stephen
      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Disqualification of members of the Australian parliament -
           recent developments and the case for reform
    • Abstract: Carney, Gerard
      This paper reviews the two most significant decisions of the High Court in 2017, which led to the disqualification of several members of the Commonwealth Parliament. Firstly, 'Re Canavan' which applied the terms of s 44(i) strictly to disqualify dual citizens even when their foreign citizenship is acquired unknowingly. Secondly, Re Day (No 2) which revives the government contractor ground in s 44(v) by overturning the narrow approach in 'In re Webster'. Both decisions affirm the important role of the grounds of disqualification to reinforce the obligation of members of parliament to act only in the interests of the nation, and not for their own personal interest. Yet, the disproportionate impact of 'Re Canavan' on members who had no awareness of their foreign citizenship by descent indicates that at least the second limb of s 44(i) should be repealed. Not so s 44(v), the full implications of which have yet to be identified. This paper also urges the amendment of the 'Common Informers (Parliamentary Disqualifications) Act 1975' (Cth) to give the Court of Disputed Returns the jurisdiction to determine the qualification of members in any common informer action.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Ambush marketing and the Australian Olympic Committee
    • Abstract: Davies, Chris
      There is no doubt that sponsorship forms an important source of revenue for professional sport, including the formerly amateur Olympic Games. While a suitable sponsorship agreement provides benefits to both the sport and the sponsor, a potential problem is ambush marketing by rival companies trying to diminish those benefits. This paper focuses on the specific situation of ambush marketing in the context of the Olympic Games. It examines the relevant legislation, the 'Olympic Games Insignia Act 1987' (Cth), (the 'OIP Act'), and a recent case, 'Australian Olympic Committee v Telstra Corporation Limited', which involved the application of that legislation to a situation that arose during the 2016 Rio Olympic Games. First, it will provide a brief overview of sponsorship and marketing.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Heydon: Selected speeches and papers [Book Review]
    • Abstract: Heydon, JD
      Review(s) of: Heydon: Selected speeches and papers, Edited by John Sackar and Thomas Prince with foreword by Hon Ian Callinan, Federation Press 2018.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Beyond mere deterrence: Rethinking criminal justice policies for
           north Queensland
    • Abstract: Chong, Mark David; Fellows, Jamie; Kocsis, Richard
      The role that Townsville plays in the process of developing and implementing criminal justice policies for other regional centres throughout Queensland (and regional Australia generally) cannot be discounted, notwithstanding its relatively small population or even its 'outer regional Australian' status. In fact, Townsville has recently become a crucible for some of the most cutting-edge and substantive developments in criminal justice policy-making in the state. What is particularly noteworthy is that despite the 'popular punitivism' that seems to have dominated this discourse in the political and media spheres, many, if not all, of the policies have eschewed an exclusively deterrent response to crime. This paper will attempt to explain: (1) why criminal justice policy makers should not limit themselves simply to formulating deterrent measures; (2) why Townsville has, in recent years (2016-18), been such a significant site in relation to developing and implementing municipal and regional criminal justice policies; and (3) what direction the Queensland criminal justice system should take in the foreseeable future.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Limping along and lagging behind: The law and emerging gene
           technologies
    • Abstract: Denton, Jai A; Reynolds, Christopher S
      It took Australia almost 20 years to develop a legislative regulatory system for genetically modified organisms, but with technology that changes so quickly, legislation that relies heavily on definitions can quickly become obsolete. Here we highlight two emerging technologies, CRISPR-mediated genome editing and infecting mosquitos with Wolbachia to reduce their disease transmission. We discuss their regulation, and regulation generally, with a focus on the current Australian system. Both of these technologies have fallen into a grey zone with regulators, leaving them uncertain how to act, and developing regulations that have been cobbled together. In the hope of providing a more versatile and effective path to regulation for technology stake holders, while maintaining public confidence and protecting the environment, this paper explores future legislative strategies to replace the existing regulatory model with a model that is 'outcome-based'.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 North Queensland a new state': How the voice of the
           collective can be heard!
    • Abstract: Raffles, Peter
      There has been no new State created in Australia since federation, despite a number of attempts to do so. Formal attempts include the referendum for a new state of New England in New South Wales in 1967 and the referendum in the Northern Territory in 1998. In Queensland, there were a number of attempts prior to federation for north Queensland to be a separate colony, and in the post-federation period there have been no less than four calls in the Queensland Parliament for a process to be initiated to separate the north from the south. Despite the parliamentary initiatives and repeated calls by people in the north for a referendum to be held, no choice has ever been given to the people of the north by the Queensland government.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Indigenous rights and interests in statutory and strategic land
           use planning: Some recent developments
    • Abstract: Wensing, Ed
      Land administration and land use planning in Australia are public functions. Each State and Territory has its own unique laws for administering land tenures and regulating the use and enjoyment of land for present and future generations. The extent to which planning systems around Australia take account of Aboriginal and Torres Strait Islander peoples' rights and interests is woefully inadequate.

      Aboriginal and Torres Strait Islander peoples are continuing to assert their ongoing presence, connection to and responsibilities for their traditional country. It is inherent in their culture and an integral part of who they are and their wellbeing for present and future generations. The problem is, these realities have barely penetrated the conventional planning systems in Australia.

      However, two significant developments occurred in 2016 that are likely to have longer term implications for integrating Aboriginal and Torres Strait Islander peoples' rights and interests in conventional land use planning. Firstly, the Queensland Parliament passed a new planning statute which includes Aboriginal and Torres Strait Islander knowledge, culture and tradition as being an integral part of advancing the purpose of the Act. Secondly, the Planning Institute of Australia (PIA) amended its education accreditation policy to include Aboriginal and Torres Strait Islander peoples' knowledges as an integral Supporting Knowledge Area for the recognition of Australian planning qualifications. This paper explores what these developments mean for land use planning and for Aboriginal and Torres Strait Islander peoples' rights and interests.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Combatting over-representation of indigenous youth in the
           Queensland criminal justice system through 'justice reinvestment
    • Abstract: Hage, Tamara; Fellows, Jamie
      In recent years, the Queensland Police Service (QPS) and Queensland courts have sought to rely on a range of 'diversionary' practices such as youthjustice conferencing and cautioning as a response to the alarmingly high rates of over- representation of Indigenous youth in Queensland's criminaljustice system. The results of such practices have, on the whole, done little to curb the growing rates of Indigenous youth offending, particularly in remote and regional areas of the State. The problems with these practices is that often youth justice conferencing and cautioning are inaccessible and ineffective to Indigenous youth. This paper asserts that a further strategy that the Queensland Government and other relevant public institutional stakeholders should adopt is what is known as 'justice reinvestment' (JR). The growing JR movement in the US and Australia represents an opportunity for a fundamental shift in Governmental policy, whereby greater emphasis is given to formulating 'front-end' programs designed to alleviate the causes of youth offending. Under the broad definition of JR, public funds are directed into a diverse range of programs in the areas of education, health and community services for communities experiencing a high level of Indigenous juvenile offending. This paper looks at the current problem of over-representation of Indigenous youth offending in Queensland and puts forward various strategies associated with the JR initiative to combat this problem.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Compensation for economic and non-economic loss by
           extinguishment or impairment of native title: A critical and comparative
           analysis of developments in Australian case law
    • Abstract: Arlidge, Kylie; Meyers, Gary D
      The recent developments in case law concerning compensation for extinguishment and impairment of native title do not adequately recognise its sui generis status as a right existing prior to the British colonisation of Australia. Both Australian legal principles and jurisprudence from other common law countries such as the US and Canada suggest that a restrictive view limiting native title rights and interests to those practised in antiquity should not be taken, and strict common law principles and limitations should not be applied by courts in compensating native title holders. The 'sui generis' status of native title presents three propositions. The first is that inalienability should be irrelevant to economic compensation. The second proposition is that the economic value of native title should almost always be equal to the value of freehold title, unless specifically restricted by traditional laws or customs or by interference with title prior to the 'Racial Discrimination Act 1975' (Cth). The last proposition arising from the 'sui generis' nature of native title is that compensation for non-economic loss should include additional sums held in trust and invested for future generations.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 The supermarket with no beer: A review of liquor licensing in
           Queensland
    • Abstract: McNamara, Noeleen
      Queensland is one of the few states in Australia where takeaway liquor cannot be sold in supermarkets and convenience stores, despite calls for reform from various sectors (including the tourism industry) over the years. This paper discusses the history of liquor regulation in Queensland, together with major reviews of the sale of takeaway liquor to understand why this position seems immutable. It can be argued that the restrictions on purchasing liquor is beneficial to the health of Queenslanders, and is a case of the 'government acting in the best interests of the public'. However, Queenslanders already have the second highest consumption of alcohol per capita in Australia. The regulation of takeaway liquor in a range of other jurisdictions will also be reviewed to give some perspective to the Queensland legislation.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 4th Annual criminology mini-conference, James Cook University -
           Townsville, Queensland 26th October 2018
    • Abstract: Chong, Mark David; Fellows, Jamie; Kocsis, Richard
      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 A prison's social climate, and its impact on reintegration and
           recidivism
    • Abstract: Hall, Peter; Chong, Mark David
      Successfully reintegrating prison inmates into society and preventing reoffending requires a much larger toolbox to allow correctional administrators to go beyond mere deterrence in order to achieve those aims of reintegration and recidivism reduction. While rehabilitative and reformative initiatives that target specific criminogenic factors are important, this paper will however, focus on measures that have primarily impacted upon the prevailing 'social climate' of the prison, that is, 'the social, emotional, organizational and physical characteristics of a correctional institution as perceived by inmates and staff. The ensuing analysis in this paper will show that the 'social climate' of a correctional institution actually mediates between the offender and the rehabilitative or therapeutic measure. in other words, the social or institutional climate can potentially facilitate the successful rehabilitation of the inmate or it can hinder their progress. To that end, the Townsville Correctional Complex's 'social climate' programs that have been developed and/or delivered with key stakeholders will be examined, and through that analysis, will reveal insights regarding what needs to be done in the penal system so that rehabilitative or therapeutic initiatives can be more effectively implemented.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 An anthropologist's perspective on criminal justice in north
           Queensland
    • Abstract: Foale, Simon
      The vastly over-representative incarceration rates of indigenous adults and youth in Australia (especially in the North) are underpinned by ongoing profound cultural tensions which in turn drive economic marginalisation of indigenous populations. This paper outlines some explanatory frameworks that may help the law and justice community better understand how cultural difference (particularly with regard to economic personhood) and economic inequality drive criminalisation of indigenous people in North Queensland. The concept of the Possessive Individual is central to normative capitalist behaviour but is a mode of economic personhood alien to indigenous Australians. While I do not have case material to offer from Australia, I provide salient illustrations from neighbouring Melanesian cultures, which are similar in many respects. The economic marginalisation that ensues from cultural incompatibility with the dominant settler capitalist population exacerbates inequality, which is now empirically linked with a range of social problems, including mental illness, substance abuse, depression, suicide, violence and other conditions that are strongly correlated with criminality. I argue that greater cultural and social scientific literacy among the North Queensland law and justice community regarding these particular issues could greatly improve engagements with the indigenous community and ultimately reduce their representation within the custodial system.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 The supervision of high risk sexual offenders in North
           Queensland
    • Abstract: Taylor, Kristle; Thomas, Tara
      This paper provides an overview of the functions of the High Risk Offender Management Unit of Queensland Corrective Services within North Queensland. The Unit is responsible for the supervision of high risk sexual offenders subject to supreme Court supervision Orders pursuant to the Dangerous Prisoners (Sexual Offenders) Act. There are challenges particular to the region in terms of the availability of resources and supports. The use of evidence-based practice and a collaborative case management approach with stakeholders ensures a high standard of community safety, in addition to the rehabilitation of sexual offenders. The theoretical framework of the Good Lives Model underpins the work undertaken within the High Risk Offender Management Unit and assists in balancing the risks and needs of sexual offenders with the overriding objective of community safety.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Townsville stronger communities action group: Intensive case
           coordination of families and young people
    • Abstract: Murphy, Zac; Hofmann, Mechelle; Miles, Vicki
      To address the challenges presented by youth offending across the Townsville local government area, the Queensland Government brought together a range of senior representatives from key government departments and co-located them at the Queensland Police Service's Rapid Action and Patrols unit (RAP). This group, named the Townsville Stronger Communities Action Group (TSCAG), was established in October 2016 and is led by a Police Inspector. The government tasked TSCAG with the intensive co-ordination of services for vulnerable families and young people through a process of case co-ordination. This was implemented under a Stronger Communities Engagement Plan (SCEP). This paper outlines the strategic alignment of the group within the Townsville context, including the aims of the group, the framework of legal provisions, and the theories that underpin the group's operations relating to SCEP. There are a range of outcomes based upon the recommendation of TSCAG to the Stronger Communities Executive Committee. A brief SWOT analysis of the key achievements and learnings gained through SCEP has been included. This paper considers the group's achievements and the SWOT analysis in providing reflections to the group's Executive Committee.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Integrated case management: A holistic and collaborative
           approach to the case management of high risk young offenders in
           Townsville, Australia
    • Abstract: Pieper, Sandy; Jones, Alec; Galton, Samantha
      Integrated Case Management (ICM) is a practice framework implemented at the Townsville North Youth Justice Service Centre (TNYJSC) as a criminal justice response to community perceptions around increased youth offending in the Townsville community. ICM was introduced in March 2017 to address individual, family and criminogenic risk factors specific to Townsville youth offenders and their family network. Fifty young people have been subject to ICM throughout the 18 months since its implementation. The outcomes achieved through this framework are still being formally evaluated to determine the effectiveness of the model and thus benefits to the offenders, their families and the community. The significance of the ICM and its evaluation process is reflected in the factors inherent to this program. These are the commitment of the Queensland state government to developing a shared, holistic and intensive model for the case management of individuals. This objective is, in turn, achieved through culturally-relevant processes and practices from within the community.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Striving towards a holistic approach to policing: The Townsville
           rapid action and patrols model
    • Abstract: Kitching, Joe; Chong, Mark David
      In early 2014, Townsville experienced increasing crime rates and the community expressed fear for their personal safety through various social media platforms. In response, the police commenced intelligence-led proactive and reactive policing strategies to more effectively reduce offending and the fear of crime in the community through an innovative policing unit called the Townsville Rapid Action and Patrols (RAP). This new police unit provided an ideal opportunity for the Queensland Police Service to go beyond merely deterring crime. These police officers would now also be tasked to gather intelligence to assist in identifying the underlying causes of crime; share that information with other appropriate agencies; and help to develop rehabilitative and reintegrative strategies that will engage and support vulnerable people in the community. Whilst there is strong evidence the RAP plays an important role in deterring crime through enforcement, efforts to conceptualise and operationalise the rehabilitative, reintegrative and community engagement tasks given to officers remains ongoing to encourage and cognitively empower them to go that extra mile - beyond mere deterrence - to help vulnerable people divert away from crime and lead more productive lives.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Advice for contributors
    • PubDate: Mon, 20 May 2019 19:03:02 GMT
       
  • Volume 24 Cricket and the law: Ball tampering, contracts and enterprise
           bargaining agreements
    • Abstract: Davies, Chris; Lansky, Sam
      Cricket in Australia has faced two recent crises, the first being the prolonged enterprise bargaining negotiations between Cricket Australia (CA) and the Australian Cricketers Association (ACA) that resulted in a situation where, for a few months, Cricket Australia had no contracted players. This meant that during this period CA had no players to fulfil its contractual broadcasting obligations. When the matter was finally resolved it is very much in favour of the players as CA backed down on it position of not using the revenue sharing model. It is suggested this highlights that it is players who now hold the greater bargaining power when it comes to negotiations. The second crisis involved the ball tampering incident in South Africa, with CA banning three players from playing first-class cricket in Australia for up to twelve months. It is suggested that given the severity of the incident and its late season timing, the penalties were reasonable and therefore legal under the terms of the players' contracts.

      PubDate: Mon, 20 May 2019 19:03:02 GMT
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 54.236.59.154
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-