Scholarly publications and presentations by staff from the Law Faculty.

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Documents from 2015

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Reading Law, Alex Steel, Kate Galloway, Mary Health, Anne Hewitt, Mark Israel, and Natalie Skead

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A jurisprudential justification for extraterritoriality in (private) international law, Dan Svantesson

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A new jurisprudential framework for jurisdiction: Beyond the Harvard Draft, Dan Svantesson

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Editorial: The diversity of international ICT law, Dan Svantesson

Extraterritoriality and targeting in EU data privacy law: The weak spot undermining the regulation, Dan Svantesson

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Limitless borderless forgetfulness? Limiting the geographical reach of the ‘right to be forgotten', Dan Svantesson

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The Google Spain case: Part of a harmful trend of jurisdictional overreach, Dan Svantesson

Access to extraterritorial evidence: The Microsoft cloud case and beyond, Dan Svantesson and Felicity Q. C. Gerry

The holy trinity of legal fictions undermining the application of law to the global internet, Dan J B Svantesson

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The (uncertain) future of online data privacy, Dan J. B. Svantesson

FDI technology spillovers in China: Implications for developing countries, Xiaowen Tian, Vai Io Lo, and Moxi Song

Geographical indications and indigenous intellectual property, William van Caenegem

Creativity in fashion: the complex effects of IP, William van Caenegem and Violet Atkinson

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Provenance of Australian food products: is there a place for Geographical Indications?, William van Caenegem, Peter Drahos, and Jen Cleary

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Collective bargaining in the agricultural sector, William van Caenegem, Madeline Taylor, Jen Cleary, and Brenda Marshall

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Negotiating about power sharing and how to make decisions in the future, John Wade

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Negotiation lessons from the Book (not the film) of Exodus, John Wade

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Pushing the envelope of proprietary interests: The nadir of the numerus clausus principle, Michael Weir

When Japanese law goes pop, Leon Wolff

Introduction: who rules Japan?, Leon Wolff, Luke Nottage, and Kent Anderson

On mediation, legal representatives and advocates, Bobette Wolski

Documents from 2014

Public Sentinels: A Comparative Study of Australian Solicitors-General, Gabrielle Appleby, Patrick Keyzer, and John M. Williams

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Regulation of complementary and alternative medicine: interplay of therapeutic goods legislation consumer law, Eloise Archer, Brenda Marshall, Michael Weir, and Jon Wardle

The knowledge element for accessories to strict liability and limited cognition offences: Revisiting Tabe v The Queen, Malcolm Barrett and Joachim Dietrich

Injunctions and damages under s1324 of the Corporations Act: Will McCracken v Phoenix Constructions revive the narrow approach?, Victoria S. Baumfield

Model no more: Querulent behaviour, vexatious litigants and the Vexatious Proceedings Act 2005 (QLD), Narelle Bedford and Monica Taylor

The partial codification of contract law: Lessons from New Zealand, Rick Bigwood

Advocacy before an international arbitral tribunal, Lawrence Boo

Isolationism, democratisation and globalisation: Legal education in a developing country, Laurence Boulle

Joining the BRICs: The case of South Africa, Laurence Boulle and Jessie Chella

Negotiating conduct and compensation agreements for coal seam gas operations: Developing the Queensland regulatory framework, Laurence Boulle, Tina Hunter, Michael Weir, and Katherine Curnow

Authors, copyright, and publishing in the digital era, Francina Cantatore

Responsible lending compliance: A “common sense” approach, Francina Cantatore

The migration of the book across territorial borders: Copyright implications for authors in the digital economy, Francina Cantatore

Yours, mine and ours: Managing intellectual property in third sector enterprise, Francina Cantatore

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Businesses are people too? Anomalies in widening the ambits of "consumer" under consumer credit law, Francina Cantatore and Brenda Marshall

Romancing the PPSA: Challenges for instructors in teaching and reconciling new concepts with traditional norms, Francina Cantatore and Ian Stevens

Treaty structure and public interest regulation in international economic law, Bradly J. Condon

Humpty Dumpty and Risk assessment: A reply to Slobogin, Ian R. Coyle and Robert Halon

Opening up a can of worms: How do decision-makers decide when witnesses are telling the truth?, Ian R. Coyle and Donald Thomson

Authorisation as accessorial liability: The overlooked role of knowledge, Joachim Dietrich

Train the trainers: Maintaining standards to minimise injuries and avoiding legal liability in the fitness industry, Joachim Dietrich, Patrick Keyzer, Ian R. Coyle, Kevin Norton, Betul Sekendiz, Veronica Jones, and Caroline Finch

Critical junctures: regulatory failures, Ireland's administrative state and the Office of the Ombudsman, Fiona Donson and Darren O'Donovan

Doctrinal incoherence and complex variables in piercing the corporate veil cases, John H. Farrar

The BRICS: Experiments with state capitalism and institutional investment, John H. Farrar and Mohamed Ariff

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Patent's role in the case of carbon leakage: Beyond the orthodox view, Jinheng Feng and Ying Shen

In mourning of bereavement damages, Iain Field

Enabling lifelong learning for law students: In class, out of class, after class, Kylie Fletcher and Louise Parsons

Mickey Mouse, morality and manufacturing: A look at the evolving private regulation of global labour standards, Umair H. Ghori

The BRICS +: Fault lines and opportunities, Umair H. Ghori

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Hunting the hunter: how to effectively combat stalking, Terry Goldsworthy and Matthew Raj

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Out of the shadows: the rise of domestic violence in Australia, Terry Goldsworthy and Matthew Raj

Custodians of the game: Ethical considerations for football governing bodies in regulating concussion management, Annette Greenhow and Jocelyn East

Conclusions: The BRICS - ascendancy, decline or plateau?, Mary Hiscock and Vai Io Lo

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Social networking and identity theft in the digital society, Eric Holm

The importance of mandatory data breach notification to identity crime, Eric Holm and Geraldine Mackenzie

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The significance of mandatory data breach warnings to identity crime, Eric Holm and Geraldine Mackenzie

Public law in a comparative and inter-disciplinary paradigm, Danielle Ireland-Piper

Regulating extraterritoriality: New frontiers in public law, Danielle Ireland-Piper

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The Enrica Lexie and St. Antony: A voyage into jurisdictional conflict, Danielle Ireland-Piper

Teaching first-year law students to think like (good) lawyers, Nick James

Attorneys-general, solicitors-general and 'the public interest' in Australian constitutional cases: A case for citizen input into the development of constitutional policy, Patrick Keyzer

Legal risk management and injury in the fitness industry: The outcomes of focus group research and a national survey of fitness professionals, Patrick Keyzer, Ian R. Coyle, Joachim Dietrich, Kevin Norton, Betul Sekendiz, Veronica Jones, and Caroline Finch

China's path to development: Does law matter?, Vai Io Lo

Judicial activism in China, Vai Io Lo

Teaching comparative law in the "Asian Century", Vai Io Lo

Where to draw the line - regulation of therapeutic applications of nanotechnology, Michael Lupton

Measuring the effects of small group deliberation on public attitudes towards sentencing: Benefits and challenges, Geraldine Mackenzie, Nigel Stobbs, Claire Ferguson, and Karen Gelb

The development of transfer pricing in China, Michelle Markham and Yixin Liao

Legal education in the era of globalisation: What makes for market failure?, Darren O'Donovan

The diplomatic disputes between the Holy See and the Irish State 2009-2012: A legal analysis, Darren O'Donovan

Submission on behalf of the Centre for Law, Governance and Public Policy in response to the Youth Justice and Other Legislation Amendment Bill 2014, Darren O'Donovan, Jodie O'Leary, and Bruce Watt

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Out of step and out of touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary

Additional submission on behalf of the Law and Justice institute in response to the Youth Justice and Other Legislation Amendment Bill 2014, Jodie O'Leary and Jann Taylor

Submission on behalf of the Law and Justice Institute in response to the Youth Justice and Other Legislation Amendment Bill 2014., Jodie O'Leary, Jann Taylor, Rachael Taylor, Tim Alexander, Janet Wight, Damien Bartholomew, and James Benjamin

Ong on subrogation, Denis Ong

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Australia as an arbitration-friendly country: The tension between party autonomy and finality, Louise Parsons and Jack Leonard

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The greening of Canadian cyber laws: What environmental law can teach and cyber law can learn, Sara Smyth

Yours, Mine, and Ours: Managing Intellectual Property in Third Sector Enterprise, Elizabeth C. Spencer and Francina Cantatore

Yours, mine, and ours: The development, management and protection of intellectual property in third-sector enterprise, Elizabeth Crawford Spencer and Francina Cantatore

Between a rock and a hard place - an international law perspective of the difficult position of globally active internet intermediaries, Dan Svantesson

Could technology resurrect the dignity of the FIFA world cup refereeing?, Dan Svantesson

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Delineating the reach of internet intermediaries' content blocking-"ccTLD blocking", Strict Geo-location blocking: or a "country lens approach"?, Dan Svantesson

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Sovereignty in international law - how the internet (maybe) changed everything, but not for long, Dan Svantesson

The concept of data privacy law and its application to the internet, Dan Svantesson

The extraterritoriality of EU data privacy law - its theoretical justification and its practical effect on U.S. businesses, Dan Svantesson

The hypocritical hype about 'hypothesis': Why legal research needs to shed this relic, Dan Svantesson

The Rome II Regulation and choice of law in internet-based violations of privacy and personality rights - on the wrong track, but in the right direction?, Dan Svantesson

Introduction: Mapping the contours of East Asian commercial law for the Asian century, Roman Tomasic and Leon Wolff

Ignoring the civil law/common law divide in an integrated world, William van Caenegem

Trade Secrets and Intellectual Property Breach of Confidence, Misappropriation and Unfair Competition, William van Caenegem

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Pride and profit: Geographical indications as regional development tools in Australia, William van Caenegem, Jen Cleary, and Peter Drahos

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Ethically ambiguous negotiation tactics (EANTs): What are the rules behind the rules?, John Wade

Regulatory and legislative protections for consumers in complementary medicine: Lessons from Australian policy and legal developments, Jon Wardle, Michael Weir, Brenda Marshall, and Eloise Archer

Is it a not-for-profit organisation or a for-profit organisation? The case for a CIC structure in Australia, Kim Weinert

Legal duties as part of the governance framework for incorporated associations: A comparative analysis, Kim Weinert

Japanese law goes pop, Leon Wolff

Let's talk about Lex: Narrative analysis as both research method and teaching tecnique in law, Leon Wolff

Narrating the Law: Possibilities, Pitfalls and Prospect, Leon Wolff

Welcome to law/lore school, Leon Wolff