Law Commons^™

Societas Europaea: Harmonization Or Proliferation Of Corporations Law In The European Union?, J. M. Marychurch

Faculty of Law - Papers (Archive)

A significant development was made recently to the range of corporate forms available to businesses operating in the European Union (EU). A company's incorporation, regulation and dissolution had hitherto been the sole domain of the EU's member states. On 8 October 2001, this changed when Council Regulation (EC) No 2157/ 2001 on the Statute for a European Company (the Regulation) was adopted, making the form of a European company or Societas Europaea (SE) open to some businesses in the EU after the Regulation enters into effect. This article will examine the form and analyse the likely impact the national law …

Making Money Out Of Thin Air: The Politics, Law And Economy Of Radio Spectrum, Richard Mohr

Faculty of Law - Papers (Archive)

[Extract] Reporting on the Australian government's windfall of $1.3 billion from the auction of radio spectrum in 2000, the Australian Financial Review on 5 May quoted Ian Hayne, the man responsible for the marketing exercise, as saying, "This is better than selling sand to the Arabs or ice to Eskimos... We are really selling nothing here." More circumspectly, he added, "Maybe I shouldn't say that; this is about the right to use a natural resource.''1 Some of his New Zealand counterparts may have thought he should not have said that, either, since they were disputing Maori claims to radio spectrum …

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Faculty of Law, Humanities and the Arts - Papers (Archive)

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

Alec Campbell, 1899-2002, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

When Alec Campbell died in May 2002, he was accorded a nationally televised state funeral. Powerful forces, including media organisations, the Returned Services League, the Department of Veterans Affairs, had long been preparing for this death. Campbell was dubbed The Last Anzac. A flood of media stories and government press releases followed Campbell’s death. These tended to be fulsome in their elaboration of Anzac mythology, and general in reference to his military career and to his long life after World War I. On the subject of Campbell the political activist, there was silence. One year in the life of the …

"Genocide And Colonialism", Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

In conversation with Lorenzo Veracini, Ann Curthoys and John Docker discuss some of the issues at stake for Australian Aboriginal history in current international debates about the definitions of genocide.

'Aboriginality And Australian Cinematography: Engaging With History': Review Of One Night The Moon, Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

'Aboriginality and Australian Cinematography: Engaging with History': Review of One Night the Moon, Rachel Perkins, dir., John Romeril sc., MusicArtsDance Films Pty Ltd, film released on 08/11/2001.

Conjectures And Exhumations: Citations Of History, Philosophy And Sociology Of Science In Us Federal Courts, Gary Edmond, David Mercer

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines the circumstances in which a version of Sir Karl Popper's philosophy of science became US law. Among historians, philosophers and sociologists of science, as well as legal commentators, the US Supreme Court's Daubert v. Merrell Dow Pharmaceuticals, .Inc. (1993) decision has received considerable attention. The case is significant because America's most senior court produced a definition of science (for legal purposes). This definition was authorized by the symbolic exhumation, celebration and appropriation of key elements of the philosophy of science developed decades earlier by Popper. Significantly, it was not just Popper's philosophy that was exhumed and resurrected …

Funding The Ideological Struggle, Damien Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

Over the past twenty-five years a radical neo-liberal movement, more commonly known as the 'new right', has launched a sustained assault upon the welfare state, social justice and defenders of these institutions and ideas. In Australia, the organisational backbone of this movement is provided by think tanks such as the Institute of Public Affairs (IPA), the Centre for Independent Studies (CIS), and the Tasman Institute; and forums such as the H.R. Nicholls Society. Central to the movement's efficacy and longevity has been financial support from Australia's corporate sector and industry interest groups. Activists and scholars have produced many articles and …

Shifting Ground: Context And Change In Two Australian Legal Systems, Richard Mohr

Faculty of Law - Papers (Archive)

Indigenous land claims in Australia have brought Indigenous law into contact with the Australian common law, changing some of the terms of each of these systems of law. By tracing these contacts back to one of the first engagements, when the Yolngu people of northern Australia framed a petition to parliament in pictorial descriptions of their law, I explore the means by which changes have occurred. This is characterised as a process of mutual framings and re-framings. The delicate and contentious issue of meaning change in Yolngu law and in Australian common law's dealings with Indigenous law is examined in …

Beyond The Bounds, Richard Mohr

Faculty of Law - Papers (Archive)

The contributions to this edition of Law Text Culture arose from a series of workshops and seminars which Luke McNamara and I organised through the Legal Intersections Research Centre at the University of Wollongong during 2001 and 2002. Having recently formed a research group focusing on the social and disciplinary intersections of law, we set out to explore these intersections with the help of colleagues working in law, humanities and social sciences in Australia, North America and Europe. Some of their contributions to this exploration are collected here.

(Review) Desmond Manderson, Songs Without Music: Aesthetic Dimensions Of Law And Justice, Richard Mohr

Faculty of Law - Papers (Archive)

This elegant, wide-ranging and stimulating book has everything but the music. In graphic form, even the music is available as a frontispiece to each chapter, introduced with an extract from the score of the music for which it is named. The work begins with a ‘Prelude’ and ‘Fugue’ (Bach) and has a ‘Requiem’ (Mozart) on the death penalty, while ‘Quartet for the End of Time’ (Messiaen) opposes modernism and the reification of law, looking to space (in legal geography), rather than time, for the source of a ‘critical pluralism’. Surprisingly, this apparently precious device works, and it works at a …

Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett

Faculty of Law - Papers (Archive)

In the latest of a series of merits review decisions by the Administrative Appeals Tribunal (AAT) concerning the correct construction to be given to the Australian Fisheries Management Authority's (AFMA's) statutory objective to ensure that the exercise of the precautionary principle is 'pursued', the AAT has affirmed the decision under review as having being made reasonably and correctly in pursuit of the principle. This article explains the reason for the AAT's recent decision in Craig Justice v Australian Fisheries Management Authority and Executive Director, Department of Fisheries Western Australia (hereafter Justice v AFMA) which affirmed AFMA's implementation of the consultative …

Still Moving: Bush Mechanics In The Central Desert, Georgine W. Clarsen Dr

Faculty of Law, Humanities and the Arts - Papers (Archive)

Brake fluid made from washing powder mixed in water? Welding a muffler with jumper leads, fencing wire and a car battery? Replacement brake pads carved from mulga-wood with a tomahawk, or an emergency clutch plate shaped out of an old boomerang? Spare parts filed in collective memory, and scattered in old car wrecks along dirt tracks? Strips of blanket wound into windscreen-wiper blades? Such is the car repair advice offered in Bush Mechanics, the series recently screened on ABC Television.1 Presented with humour and enthusiasm, as well as a large dose of self-parody, this is mechanical advice unlike any other. …

The Making Of A Communist Journalist: Rupert Lockwook, 1908-1940, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

The journalist/publicist Rupert Lockwood (1908-1997) was one of Australia’s best known Cold War communists, his name synonymous with the Royal Commission into Espionage in Australia, 1954-1955, as author of the notorious Document J. However the communist journalist did not spring fully formed into history. He joined the Australian Communist Party in 1939. This article traces Lockwood’s development as a journalist and his evolution as a communist between the wars. It is a story that ranges from small-town Western Victoria, and the West Wimmera Mail, to Melbourne and Sir Keith Murdoch’s Herald. In between, much of the world is traversed--significantly, South …

La Intervención En Las Comunicaciones Privadas En El Supuesto De La Delincuencia Organizada, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Quisiera comenzar estas lineas recordando una de las escasas epopeyas que fue capaz de producir la imaginacion humana durante el siglo XX. Extrana saga, sin dud a alguna, es aquella que ahora acude a mi memoria, toda vez que el heroe que la encarna es, segun Ie describe la pluma de quien Ie diera vida, "un muchacho pequeno y francamente gordo, de unos diez u once anos". Me refiero, como algunos de ustedes habnin adivinado, a La Historia Interminable, del escritor y cuentista aleman Michael Ende' .

Bastian Baltasar Bux, segun cuenta Ende, es un muchacho comun y corriente a …

A Principled Basis For Psychological Research: Book Review Of Praetorius On Cognition-Action, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Praetorius' book advocates a healthy review and reform of the basic assumptions of much general theorising in psychology. Her central concern is to supply reasons of principle to demarcate the psychological and stave off reductionism. She seeks to derive these results from a handful of principles that she holds must be accepted since they form the very grounds for engaging in any inquiry at all. She employs these to good effect by showing that a number of prominent targets engaged in psychological theorising, including Gibson, Marr, Saussure, Stich and Fodor, are prey to deep-seated confusions about the general relation between …

The New Millennium: Facades And Duplicities, Anthony Macris

Faculty of Law, Humanities and the Arts - Papers (Archive)

Its second year not even finished, the third millennium has already revealed one of its greatest fracture points in the form of a spectacular catastrophe: the destruction of one of capitalism's most powerful architectural symbol, the World Trade Centre in New York.

Issues In Transatlantic Police Cooperation, Clive Harfield

Faculty of Law, Humanities and the Arts - Papers (Archive)

Research from a Fulbright Police Fellowship conducted in summer 2001 studying US attitudes and policies to inter- national law enforcement cooperation is presented. Differences between UK police and the multitude of US federal agencies in approaches to investigating transnational organised crime are identified, along with the implications for conducting evidence- gathering abroad and joint operations. No one approach is either right or wrong: the key to successful investigations lies in accommodating, rather than bemoaning, political and cultural differences in attitudes to law enforcement. This article alerts investigators to some of the issues they may encounter in transatlantic cooperation. Although researched …

Review Of Goodbye Bussamarai: The Mandaranji Land War, Southern Queensland 1842-1852 By Patrick Collins, Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

Book review of: Patrick Collins. Goodbye Bussamarai: The Mandaranji Land War, Southern Queensland 1842-1852. St Lucia: University of Queensland Press, 2002. 305 + XV pp. $34.00

Tampering With Border Protection: The Legal And Policy Implications Of The Voyage Of The Mv Tampa, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers (Archive)

While the events of 11 September 200 1 and the "children overboard incident" have overshadowed it in the popular press, the voyage of the MV Tampa in August and September 2001 has had a significant impact upon Australian law and policy. The Tampa incident has seen both a substantial change in Australian law, with alterations to customs and migration legislation, and a dramatic change in Australian policy towards unauthorised boat arrivals. This chapter will consider the incident in some detail, and examine its long-term consequences for Australian offshore law enforcement and policy.

Conclusion: Maritime Border Protection After The Tampa And 9/11, Anthony Bergin, Ben M. Tsamenyi, Christopher Rahman

Faculty of Law, Humanities and the Arts - Papers (Archive)

The objective of these proceedings has been to review current arrangements for national maritime border protection and to canvass some fresh approaches. The book (and preceding conference) have been designed to avoid getting bogged down in any great detail on sectoral issues, instead taking a more holistic view of the overall maritime border protection regime. The issue is timely in view of the public and political interest in developments regarding maritime security and border protection following the controversy surrounding the MV Tampa incident of August 2001 and the September 11 attacks on the World Trade Center and the Pentagon.

On …

From Oxymoron To Intersection: An Epidemiology Of Legal Research, D. Manderson, Richard Mohr

Faculty of Law - Papers (Archive)

The foregoing articles about research n and around law reflect a broad conception of what it is to be a legal scholar. The views and experiences of the authors gathered here are probably no more radical or heterodox than those to be found in any of the earlier editions of this journal or the many others devoted to themes of law, society, culture and contemporary legal theory. Having brought these people together to reflect on what it is that they think and do when researching in law, we have raised the legal research question. In these closing remarks we would …