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The Merits Of Racial Hatred Laws: Beyond Free Speech, Luke Mcnamara
The Merits Of Racial Hatred Laws: Beyond Free Speech, Luke Mcnamara
Luke McNamara
No abstract provided.
Recognition Of Indigenous Land Rights As Native Title: Continuity And Transformation, Luke Mcnamara, Donald Grattan
Recognition Of Indigenous Land Rights As Native Title: Continuity And Transformation, Luke Mcnamara, Donald Grattan
Luke McNamara
No abstract provided.
Aboriginal Human Rights And The Australian Criminal Justice System: Self-Determination As A Solution?, Luke Mcnamara
Aboriginal Human Rights And The Australian Criminal Justice System: Self-Determination As A Solution?, Luke Mcnamara
Luke McNamara
No abstract provided.
Criminalising Racial Hatred: Learning From The Canadian Experience, Luke Mcnamara
Criminalising Racial Hatred: Learning From The Canadian Experience, Luke Mcnamara
Luke McNamara
No abstract provided.
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel
Luke McNamara
This third edition of Criminal Laws continues and extends the features that made the second edition the leading tertiary criminal law teaching and resource book in NSW and the ACT, highly influential in other states, and a must for practitioners working in criminal law.It combines: key primary materials for students, in the form of the leading cases and statutes; extracts from secondary literature, which provide context and commentary from a range of perspectives and disciplines; and extensive critical commentary by the authors.Criminal law is approached as a mode of regulation with specific limits, and a sceptical attitude is maintained to …
Introduction: The Protection Of Law, Luke Mcnamara
Introduction: The Protection Of Law, Luke Mcnamara
Luke McNamara
No abstract provided.
The Common Law Construct Of Native Title: A 'Re-Feudalisation' Of Australian Land Law, Scott Grattan, Luke Mcnamara
The Common Law Construct Of Native Title: A 'Re-Feudalisation' Of Australian Land Law, Scott Grattan, Luke Mcnamara
Luke McNamara
No abstract provided.
Confronting The Reality Of Hate Speech: Racial Vilification Laws In Practice, Luke Mcnamara
Confronting The Reality Of Hate Speech: Racial Vilification Laws In Practice, Luke Mcnamara
Luke McNamara
No abstract provided.
Regulating Racism: Racial Vilification Laws In Australia, Luke Mcnamara
Regulating Racism: Racial Vilification Laws In Australia, Luke Mcnamara
Luke McNamara
This book examines the range of models of legal regulation which have been adopted in Australia to deal with various forms of racial vilification-including criminalisation, civil liability via the creation of statutory torts, and civil liability via the human rights dispute resolution system. It reviews the history and current operation of all relevant federal, state and territorial laws, via an examination of relevant reports, legislation, parliamentary debates, statistical data, and judicial and quasi-judicial decisions. The factors which have influenced the choice of different legislative models for the regulation of racial vilification are identified, and the implications of the choices that …
Indigenous Community Participation In The Sentencing Of Criminal Offenders: Circle Sentencing, Luke Mcnamara
Indigenous Community Participation In The Sentencing Of Criminal Offenders: Circle Sentencing, Luke Mcnamara
Luke McNamara
Recently the New South Wales Aboriginal Justice Advisory Committee (‘AJAC’) released a discussion paper titled Circle Sentencing: Involving Aboriginal Communities in the Sentencing Process. The paper proposed that ‘circle sentencing’—a community-based sentence determination procedure which originated in Canadian Indigenous communities—be trialled in selected Aboriginal communities in New South Wales. Almost 10 years after the release of the final report of the Royal Commission into Aboriginal Deaths in Custody the need for alternatives to the conventional processes of criminal justice administration in Indigenous communities is as great as ever. Therefore, practical initiatives such as the AJAC proposal for a circle sentencing …
Book Review: Protection Of First Nations Cultural Heritage: Laws, Policy And Reform, Luke Mcnamara
Book Review: Protection Of First Nations Cultural Heritage: Laws, Policy And Reform, Luke Mcnamara
Luke McNamara
No abstract provided.
Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Law In Canada, L. J. Mcnamara
Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Law In Canada, L. J. Mcnamara
Luke McNamara
Academic writing and media commentary on Canadian hate speech laws have focused heavily on the offences created by the Criminal Code and the restrictions in the Canadian Human Rights Act on telephonic communication of hate messages. In both cases, this intensity of interest has been prompted by a range of factors including the national operation of these laws, their mobilization against well-known and attention seeking racist organisations and individuals, and the fact that the Supreme Court of Canada has been called upon to rule on the constitutional validity and interpretation of both federal statutes. Consequently, there is a substantial body …
Human Rights Controversies - The Impact Of Legal Form, L. J. Mcnamara
Human Rights Controversies - The Impact Of Legal Form, L. J. Mcnamara
Luke McNamara
Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights? Comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws - in four countries - Australia, Canada, New Zealand and the United Kingdom provides answers …
Research Report: A Profile Of Racial Vilification Complaints Lodged With The New South Wales Anti-Discrimination Board, Luke Mcnamara
Research Report: A Profile Of Racial Vilification Complaints Lodged With The New South Wales Anti-Discrimination Board, Luke Mcnamara
Luke McNamara
In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of …
Law Text Culture, L. Mcnamara
The Commonwealth Racial Hatred Act 1996: Achievement Or Disappointment?, Luke Mcnamara, Tamsin Solomon
The Commonwealth Racial Hatred Act 1996: Achievement Or Disappointment?, Luke Mcnamara, Tamsin Solomon
Luke McNamara
WILE the Racial Hatred Bill 1994 was considered by many commentators to represent a serious threat to the very foundations of Australian democracy when it was first introduced into Parliament in November 1994, the passing of the Racial Hatred Act 1995 (Cth) by the Senate on 24 August 1995 attracted very little media attention.
The Aboriginal Justice Inquiry Of Manitoba: A Fresh Approach To The "Problem" Of Over-Representation In The Criminal Justice System, Luke Mcnamara
The Aboriginal Justice Inquiry Of Manitoba: A Fresh Approach To The "Problem" Of Over-Representation In The Criminal Justice System, Luke Mcnamara
Luke McNamara
No abstract provided.
Appellate Court Scrutiny Of Circle Sentencing, Luke Mcnamara
Appellate Court Scrutiny Of Circle Sentencing, Luke Mcnamara
Luke McNamara
One of the most significant features of circle sentencing as developed in Canada in recent years is the central role of the judiciary. That is, in cooperation with First Nations communities, judges, rather than legislators or justice department bureaucrats, have been responsible for the adoption of circle sentencing as a recognized process in Canadian criminal justice. Luke Mcnamara reviews the manner in which provincial and territorial appellate courts have responded to the emergence of circle sentencing gin their respective jurisdictions. His aim is to illuminate the actual and potential impact of appellate court scrutiny of circle sentencing. Toward this end, …
Review Article: Aboriginal Peoples And Canadian Criminal Justice; Aboriginal Perspectives On Criminal Justice, Luke Mcnamara
Review Article: Aboriginal Peoples And Canadian Criminal Justice; Aboriginal Perspectives On Criminal Justice, Luke Mcnamara
Luke McNamara
No abstract provided.
Current Issues In Criminal Justice, L. Mcnamara