Law Commons^™

No Longer Tied To Britain, Australia Is Still Searching For Its Place In The World, Gregory C. Melleuish

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

It is worth noting that Australia Day commemorates the dumping of a cargo of the outcasts of Britain on the shores of the Australian continent. It was not an act of escaping religious oppression, as in the case of America, or the founding of a new political order, as in France.

Sbs Radio Should Look To Its Past To Nuture Its Future, Siobhan A. Mchugh, Jillian Hocking

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

For some 40 years, SBS Radio broadcasters have delivered homeland news to migrants, mediated Australian politics and culture, and provided a platform for Australia’s 200 or so ethnic communities. The most multicultural broadcaster in the world, going to air in 74 languages, its promulgation of social cohesion in an era of heightened ethnic and religious tensions provides lessons not just for Australia, but for any multicultural society.

Not that it started out with such lofty notions.

Its precursor, Radio Ethnic Australia, was launched as 2EA in Sydney on June 9, 1975 – 40 years ago today, in fact – and …

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

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

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.

Blending Fairness And Efficiency: An Analysis Of Its Desirability In The Context Of Insider Trading Laws In Australia, Afroza Begum

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

Purpose - The regulatory approach to insider trading (IT) in Australia is premised on a "blend" of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/ approach - This research is based on existing primary and secondary legal resources.

Findings - Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant …

‘Labour History And Its Political Role – A New Landscape’, Terence H. Irving

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

As I was thinking about what to say today I read an article on Manning Clark and found something that made me pause. It was a description of our venerable journal, Labour History, but characterizing it in terms that none of us would use, at least not in public. Instead of describing our field, our sources or our methods, our long list of illustrious contributors, it said that Labour History was the journal of Australia’s left-wing historians.

Well, this was in Wikipedia – but nonetheless it struck me that, yes, this is a truth I am prepared to accept. I’m …

The Great Kiwi (Dis)Connect: The New Provinces Act Of 1858 And Its Consequences, Andre Brett

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

In 1853, New Zealand began a quasi-federal experiment that ended surprisingly quickly. New Zealand's Pakeha (white) settlers, many influenced by the Chartist movement, had migrated in the expectation that they would possess the same rights as Englishmen at home. After vociferous agitation and a false start when an earlier constitution was blocked as unworkable, they were granted a representative constitution that contained a system of six provinces.2 Five of the provinces quickly established ministries that were wholly or partially responsible to the legislature, and responsible government at the national level followed in 1856. 3 Although responsible government followed similar lines …

The Coroner's Recommendation: Fulfilling Its Potential? A Perspective From The Aboriginal Legal Service [Nsw/Act], Raymond Brazil

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

Coroners Acts in New South Wales (‘NSW’) and the Australian Capital Territory (‘ACT’) confer on coroners jurisdiction to conduct inquests into certain kinds of death. As the outcome of a hearing, a coroner is tasked by their legislation to reach and record prescribed findings relating to the deceased, their death, and its manner and cause. These determinations enable that death to be registered under the relevant Birth, Deaths and Marriages legislation. If, though, this information can be established from preliminary investigations, a coroner has the discretion to dispense with an inquest hearing, unless the death investigated is of a category …

Law's Empiricism Of The Object: How Law Recreates Cultural Objects In Its Own Image, Marett Leiboff

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

Watch an antique or collectables show on television, and more often than not, one segment is devoted to testing the knowledge of an expert panel (and sometimes members of the public) with a problem or 'mystery' object. The object of the exercise (no other word will do so the pun must stay), is to find out what the object actually is, what it was used for, and when it was used. Sometimes the experts know what it is, but more often than not, the host has to tell them. The only way an object can provide some kind of objective …

Of A 'Contested Ground' And An 'Indelible Stain': A Difficult Reconciliation Between Australia And Its Aboriginal History During The 1990s And 2000s, Lorenzo Veracini

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

This article proposes an interpretative narrative of the evolution of Aboriginal history as a scholarly enterprise during the 1990s and in more recent years. The 1990s were characterised by attempts to synthesise the interpretative traditions resulting from previous decades of scholarly activity. In more recent years, the debate has shifted dramatically, dealing specifically with the genocidal nature of white Australia's policy towards Aboriginal peoples. The most important passages in this process are associated with the 1992 Mabo decision by the Australian High Court and the publication of the Bringing them home report of 1997.

Genocide And Colonialism, Ii: Discussing A Recent International Conference On 'Genocide And Colonialism' And Its Implications For Australian Debates, Lorenzo Veracini

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

Lorenzo Veracini reviews a recent international conference on 'Genocide and Colonialism' and its implications for Australian debates.

Multilateral Investment Guarantee Agency: A Critical Appreciation Of Its Guarantee Service, S M. Solaiman

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

Foreign Direct Investment (FDI) in developing countries alarmingly decreased during the first half of the 1980s. Gross FDI declined during this period from $13 billion to $9 billion in 1986.1 However, there are strong indications that viable investment opportunities exist in those countries but investors tend to avoid these opportunities because of concern about risks which are primarily non-commercial and political in nature. In such a situation Multilateral Investment Guarantee Agency (MIGA), fifth affiliate to the World Bank Group, has been established as the first international guarantor of FDI. It is an autonomous international organisation with 'full judicial personality' under …