Law research publications
The Faculty of Law's research is disseminated through contributions to current policy debates by submissions to government inquiries, law reform commissions and other public bodies, as well as through academic publications.
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Research books
Karpin, I. & Savell, K.2012, Perfecting Pregnancy - Law, Disability and the Future of Reproduction, 1, Cambridge Universtiy Press, United States.
Books
Stuhmcke, A.G.2012, Legal Referencing, 4th, LexisNexis, Sydney.
Research books chapters
Houston, L.G. & Vierboom, A.2012, 'Neuroscience and Law: Australia' in Tade Matthias Spranger (ed), International Neurolaw: A Comparative Analysis, Springer-Verlag Berlin Heidelberg, Germany, pp. 11-42.
Graham, N.2012, 'Dephysicalisation and entitlement: legal and cultural discourses of place as property' in Jessup, B and Rubenstein, K (eds), Environmental Discourses in Public and International Law, Cambridge University Press, Cambridge, pp. 96-119.
Stoianoff, N.P. & Blazey, P.2012, 'Intellectual Property Laws and Governance' in Patricia Blazey & Kay-Wah Chan (eds), Commercial Law of the People's Republic of China, LAWBOOK CO., Sydney, pp. 167-180.
Refereed journal articles
Millbank, J.2012, 'The Right of Lesbians and Gay Men to Live Freely, Openly and on Equal Terms is Not Bad Law: A Reply to Hathaway and Pobjoy', New York University Journal of International Law and Politics, vol. 44, no. 2, pp. 497-527.
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I address Hathaway and Pobjoys critique in this special issue of the decisions of the High Court of Australia and Supreme Court of the United Kingdom, respectively, in s395 and HJ and HT . These cases represent the two highest level judicial determinations in the world to address gay refugee claims to date. While neither decision is beyond criticism, the cases both separately and together advance the development of refugee jurisprudence on sexuality in major ways. These decisions emphatically reject discretion reasoning, affirm that the experience of sexual orientation extends beyond mere private sexual conduct, and articulate the importance of equalitya??- a??both as between gay and straight people in the country of origin and between sexuality claims and other categories of claimants in the receiving country -a?? in applying the protections of refugee law. I examine the harm of discretion reasoning, and critique Hathaway and Pobjoya??s claims as resting upon a misleading and unsustainable act/identity distinction (comprising equally unsustainable binaries of integral/peripheral and necessary/voluntary acts). Next, I demonstrate through analysis of previous jurisprudential developments in the UK that Hathaway and Pobjoya??s proposed test of limiting protection only to activities a??a??'reasonably required'a?? to express sexual orientation is highly susceptible to misapplication in practice.
Stuhmcke, A.G.2012, 'The evolution of the classical ombudsman: a view from the antipodes', International Journal of Public Law and Policy, vol. 2, no. 1, pp. 83-95.
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The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen.
Crofts, P. & Van Rijswijk, H.2012, '"What Kept You So Long?": Bullying's Gray Zone and The Vampire's Transgressive Justice in Let the Right One In', Law, Culture and the Humanities, vol. -, pp. 1-22.
Riley, S.2012, 'Law is order, and good law is good order: The role of governance in the regulation of invasive alien species', Environmental and Planning Law Journal, vol. 29, no. 16, pp. 16-44.
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In Australia, invasive alien species (IAS) are the second largest threat to biodiversity after loss of habitat. International obligations provide that Australia should prevent the introduction of, or control or eradicate those alien species that threaten ecosystems, habitats or species. Yet, designing and implementing effective IAS regimes remains elusive. It is a multidimensional exercise that engages a variety of actors across all levels of government. The purpose of this paper is to examine complications stemming from governance of IAS regimes in federal systems where law-making power is shared. It is argued that Australia has created a governance system for IAS largely based on political compromises that still presents the Federal government with the opportunity of providing a national framework for regulation of IAS. However, the Federal government has only partially grasped this opportunity, leaving the regime peppered with gaps and inconsistencies that fall short of the potential available to it.
Crofts, P., Maher, J., Pickering, S. & Prior, J.2012, 'Ambivalent Regulation: The Sexual Services Industries in NSW and Victoria - Sex Work as Work, or as Special Category?', Current Issues in Criminal Justice, vol. 23, no. 3, pp. 393-412.
Crofts, P. & Van Rijswijk, H.2012, '"What Kept You So Long?": Bullying's Gray Zone and The Vampire's Transgressive Justice in Let the Right One In', Law, Culture and the Humanities, vol. -, pp. 1-22.
Esteban, M. & Leary, D.2012, 'Current developments and future prospects of offshore wind and ocean energy', Applied Energy, vol. 90, pp. 128-136.
Li, X.2012, 'The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia', Computer Law & Security Review, vol. 28, no. 2, pp. 220-230.
Stoianoff, N.P.2012, 'The Influence of the WTO over China's Intellectual Property Regime', The Sydney Law Review, vol. 34, no. 1, pp. 65-89.
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This article commences with a brief history of China's intellectual property policy and international relations over the past 150 years. China's engagement with the western construct of intellectual property rights is strongly aligned with China's international trade relations. In particular, this article will consider the influence of the enquiries into transparency that followed China's first review after accession to the WTO and then the dispute resolution process initiated by the United States specifically on issues of intellectual property enforcement. Despite the numerous international treaties and agreements on intellectual property rights that exist and to which China acceded in the early days of the Open Door Policy period, it was the need to become a member of the WTO and with that the expectation of compliance with the prescriptive requirements found in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights ("the TRIPS Agreement") that provided the greatest influence on the shaping of China's intellectual property regime today. Recent developments highlight a counterpoint in China's engagement with the TRIPS Agreement. This is indicated in China's willingness to align itself with the views of developing nations in the way that the TRIPS Agreement is interpreted and this is most evident in the recent Patent Law amendments which demonstrate China's desire to be an innovator, not a copier.
Crofts, P. & Prior, J.2012, 'Home Occupation or Brothel? Selling Sex from Home in New South Wales', Urban Policy and Research, vol. 30, no. 2, pp. 127-143.
Book reviews
Leary, D.2012, 'Australian Water Law, by Kate Stoeckel et al', Law Society Journal, vol. 50, no. 3, pp. 82-82.
Conference papers
Van Rijswijk, H. 2012, 'The Aesthetics of the Continuing Past: Responsibility for Historical Suffering in National Law and Literature', 15th Annual Conference of the Association for the Study of Law, Culture, and the Humanities, Texas Wesleyan University School of Law, USA, March 2012 in Law, Culture and the Humanities, ed Meyer, L., Law, Culture and the Humanities Association, USA.
