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'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
'The Main Thing Is To Shut Them Out' The Deployment Of Law And The Arrival Of Russians In Australia 1913 -1925: An Histoire, Marett Leiboff
Faculty of Law - Papers (Archive)
On Tuesday 10 August 1915, a 25 year old Russian named Neplen Matanakes was allowed to disembark from the SS Empire in Brisbane, the capital city of the state of Queensland in the recently federated Australia. A year into World War I, Neplen’s journey had started a few weeks earlier in the Chinese Russian city of Harbin. Like other Russians before him, Neplen made his way to the Japanese seaport of Dairen (or Dalny), also located on the Chinese mainland. He then joined the SS Empire at Kobe, Japan, on one of its regular round trips to Australia and, after …
Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter
Re-Framing The Rape Trial: Insights From Critical Theory About The Limitaitons Of Legislative Reform, Julia A. Quilter
Faculty of Law - Papers (Archive)
Through a close reading of a rape trial, this article discusses the seemingly intractable problem of the disconnect between rape law reform and the resilience of outdated common law practices being used in the courtroom. It is argued that certain requirements (the location of the event; a focus on resistance and the presence of injuries; recent complaint; and the underlying assumption of the untrustworthiness of the complainant) form a ‘rape schema’ which operate to distinguish the ‘true’ from the ‘false’ complaint of rape. Finally, this article turns to the insights of critical theory to think about how concepts of ‘readability’, …