Scholarly publications and presentations by staff from the Law Faculty.

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Documents from 2013

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Juries and Social Media: A Report Prepared for the Victorian Department of Justice, Jane Johnston, Patrick Keyzer, Geoffry Holland, Mark L. Pearson, Sharon Rodrick, and Anne Wallace

Preventive Detention: Asking the Fundamental Questions, Patrick Keyzer

Preventive detention: Asking the fundamental questions, Patrick Keyzer

Principles of Australian Constitutional Law, Patrick Keyzer

The courts and social media: What do judges and court workers think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, and Anne Wallace

The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface, Patrick Keyzer and Bernadette McSherry

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The preventive detention of 'dangerous' sex offenders in Australia: Perspectives at the coalface, Patrick Keyzer and Bernadette McSherry

Promotion of the employment of persons with disabilities in Japan, the United States, and China: Carrot, stick, or both?, Vai Io Lo

Can ethics survive the onslaught of science?, Michael Lupton

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Advance pricing arrangements: Are Australia's recent reforms relevant to Canada?, Michelle Markham

Multilateral advance pricing agreements - A multifaceted approach to a global conundrum?, Michelle Markham

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The law textbook: Same same?, Maria Nicolae

The liability-sanction relationship: A case study in the effectiveness of the corporate regulatory regime, Maria Nicolae

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Naming young offenders: Implications of research for reform, Jodie O'Leary

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Submission in Response to the Safer Streets Crime Action Plan – Youth Justice 2013, Jodie O'Leary, Bruce Watt, Suzie O'Toole, and Patrick Keyzer

Ong on specific performance, Denis Ong

Ong on Specific Performance, Denis Ong

Developments in central banking after the GFC: Central banks, the state, globalisation and the GFC, Louise Parsons

Does Australia really need mandatory data breach notification laws - and if so, what kind?, Sara Smyth

An exploration of the legal meaning of franchising, Elizabeth Crawford Spencer

Extraterritoriality in the context of data privacy regulation, Dan Svantesson

Improving accessibility to research findings in law: Uniform summary statements, Dan Svantesson

Legal theories of private international law: Overview and practical implications for internet regulation, Dan Svantesson

On-Line cross-border defamation disputes, Dan Svantesson

Privacy in the context of piracy: The forgotten issue in the hunt for online copyright pirates., Dan Svantesson

Private International Law and the internet- An Australian perspective and beyond, Dan Svantesson

What is 'law', if the 'law' is not something that 'is'? A modest contribution to a major question, Dan Svantesson

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The Trade Practices Act: A hard act to follow? Online consumers and the new Australian consumer law landscape., Dan Svantesson and Roger Clarke

A 'layered approach' to the extraterritorality of data privacy laws, Dan J B Svantesson

Extraterritoriality in Data Privacy Law, Dan Jerker B. Svantesson

Staying focused on the big picture: Should Australia legislate for corporate manslaughter based on the United Kingdom model?, Des Taylor and Geraldine Mackenzie

Ethanol at the crossroads, Madeline Taylor

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Is it a levy, or is it a tax, or both?, Madeline Taylor

Wrestling with giants - a critical account of supermarket power and competition laws in Australia and United Kingdom, Madeline Taylor

Employee know-how, non-compete clauses and job mobility across civil and common law systems, William van Caenegem

Infringement of patents for new uses of known drugs: Lessons from recent cases, William van Caenegem

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Judicial mediation and competition for clients and government funding among dispute resolution providers, John Wade

Teaching conflict management and dispute resolution courses in Australia, John Wade

Animals and Entertainment, Jackson Walkden-Brown

Altruism. Lights, camera, action!, Kim Weinert

Complementary and alternative medicine and medical law, Michael Weir

Legal implications for complementary medicine practitioners of the New South Wales Health Practioner Code of Conduct, Michael Weir

Complementary and alternative medicine and consumer law., Michael Weir, Jon Wardle, Brenda Marshall, and Eloise Archer

A narrative analysis of judicial attitudes towards sexual harassment in Japan, Leon Wolff

Litigiousness in Australia: Lessons from comparative law, Leon Wolff

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An evaluation of the rules of conduct governing legal representatives in mediation: Challenges for rule drafters and a response to Jim Mason, Bobette Wolski

ARB-MED-ARB (And MSAs): A whole which is less than, not greater than, the sum of its parts?, Bobette Wolski

QCAT's hybrid hearing: The best of both worlds or compromised mediation?, Bobette Wolski

Understanding the client's perspective - overcoming the failure to communicate effectively, Bobette Wolski

Documents from 2012

Regulatory Failure and the Global Financial Crisis: An Australian Perspective, Mohamed Ariff, John H. Farrar, and Ahmed M. Khalid

Fairness awry? Reflections on the BCLI Report on proposals for unfair contracts relief, Rick Bigwood

Balancing competing interests in FDI policy - A developing country perspective, Laurence Boulle

Promoting rights through court-based ADR?, Laurence Boulle

Mediation: Skills and Techniques second edition, Laurence Boulle and Nadja Alexander

Does (property) diversity beget (landscape) sustainability?, Ann Brower and John Page

Should we stop the IMF from doing what it should not do? A radical idea, Ross Buckley

Teaching the natives: Teaching law in the 21st century, Laura-Leigh Cameron-Dow

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Authors, copyright and the digital evolution, Francina Cantatore

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Balancing consumer protection and commercial viability: The impact of the new hardship provisions in the NCCP Enhancements Act, Francina Cantatore

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A step too far in consumer credit protection: Are external dispute resolution schemes wielding the Sword of Damocles?, Francina Cantatore and Brenda Marshall

Multinational corporate complicity, Eric Colvin and Jessie Chella

The mechanics of agreement making under the Fair Work Act 2009: Promoting good faith bargaining and genuine agreement, Amanda Coulthard

Covell and Lupton: Principles of Remedies, 5th edition, Wayne Covell, Keith Lupton, and Jay Forder

Service guarantees and consequential loss under the Australian Consumer Law: The illusion of uniformity, Joachim Dietrich

Unjust enrichment versus equitable principles in England and Australia, Joachim Dietrich

Early conceptions of the State in New Zealand, John H. Farrar

Improving the governance of financial institutions, John H. Farrar

The governance and regulation of complex comglomerates, John H. Farrar

Globalisation, the global financial crisis and the reinvention of the State, John H. Farrar and Louise Parsons

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Criminal sentencing - The geographical lottery, David Field

Global textiles and clothing trade: Trade policy perspectives, Umair H. Ghori

Risky winds: Investing in wind energy projects in Pakistan, Umair H. Ghori

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Winner or loser? A post-quota case study of Pakistan's textiles and clothing exports, Umair H. Ghori

Ensuring a fair trial for an accused in a digital era: Lessons for Australia, Elizabeth Greene and Jodie O'Leary

Identity crime: The challenges in the regulation of identity crime, Eric Holm

Responding to identity crime on the internet, Eric Holm

Role of the regulatory framework in encouraging sustainable extraction of petroleum resources in Australia and Norway: Lessons for Russia - Part 1., Tina Hunter

Role of the regulatory framework in encouraging sustainable extraction of petroleum resources in Australia and Norway: Lessons for Russia - Part 2, Tina Hunter

Role of the regulatory framework in encouraging sustainable extraction of petroleum resources in Australia and Norway: Lessons for Russia - Part 3, Tina Hunter

Shale gas resources in Western Australia: An assesment of the legal framework for the extraction of onshore shale gas, Tina Hunter

The role of the regulatory framework in encouraging the sustainable extraction of petroleum resources in Australia and Norway, Tina Hunter

Use of American Petroleum Institute standards in regulating the extraction of unconventional gas resources: A tool for regulators, Tina Hunter

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Abuse of process in cross-border cases: Moti v The Queen, Danielle Ireland-Piper

Constitutionalised racism: Why Australia needs its own Section 6, Danielle Ireland-Piper

Development through sport: Fans and critics of the new player on the field, Danielle Ireland-Piper

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Extraterritorial criminal jurisdiction: Does the long arm of the law undermine the rule of law?, Danielle Ireland-Piper

Procedural deficiences in the prosecution of nationals for conduct occurring extraterritoriality, Danielle Ireland-Piper

Related party transactions in New Zealand: An empirical study of a flawed system, Duncan C. Jessop, John H. Farrar, and Susan Watson

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Battling in a virtual world: A proposal for increased copyright protection of multimedia products in Australia, Tammy Johnson

Who should speak for the courts and how? The courts and media today, Patrick Keyzer

The Courts and the Media: Challenges in the Era of Digital and Social Media, Patrick Keyzer, Jane Johnston, and Mark Pearson

Lectures on takeover law, John Lessing

Improving accountability in the Solomon Islands: A review of Auditor-General enabling legislation, Kenneth Levy and Colin Clark

Clean energy law in Australia, Damien Lockie

Before competition and beyond complacency - The internationalisation of legal education in Australia, Vai Io Lo

Sentencing and public confidence: Results from a national Australian survey on public opinions towards sentencing, Geraldine Mackenzie, Caroline Spiranovic, Kate Warner, Nigel Stobbs, David Indermaur, Lynne D. Roberts, Rod Broadhurst, Thierry Bouhours, and Karen Gelb

Australian Land Law in Context, Ken Mackie, Elise Bennett Histed, and John Page

Advance pricing agreements: Past, present and future, Michelle Markham

Advance pricing arrangement reform in Australia: Was it worth the wait?, Michelle Markham

China's anti-monopoly law: Efficacy of enforcement mechanisms?, Brenda Marshall