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Full-Text Articles in Law

Broader Social Context As A Lens For Learning: Teaching Criminal Law, Alex Steel, Melanie Schwartz Jan 2013

Broader Social Context As A Lens For Learning: Teaching Criminal Law, Alex Steel, Melanie Schwartz

Alex Steel

This chapter considers how best to teach criminal law in broader social contexts and beyond a focus on positivist doctrinal accounts. It provides examples of how broader social science research could be included within a criminal law curriculum.


Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Jan 2011

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

Alex Steel

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …


Both Giving And Taking: Should Misuse Of Atms And Electronic Payment Systems Be Theft, Fraud Or Neither?, Alex Steel Jan 2011

Both Giving And Taking: Should Misuse Of Atms And Electronic Payment Systems Be Theft, Fraud Or Neither?, Alex Steel

Alex Steel

Although transactions via automatic teller machines and other computerised cash payment systems are now very widespread the criminal law relating to their misuse remains confused. Unauthorised withdrawals can be prosecuted as both theft and fraud. By contrast, similar behaviour involving interactions with human tellers is generally not criminal. The result is a deeply flawed and contradictory legal landscape. This article provides an analysis and critique of the case law and legislation that has led to this result and proposes an alternative statutory offence that better reflects the commercial and consumer realities of electronic transactions.


Commercial Fraud: Cases And Commentary (2011 Edition), Alex Steel Jan 2011

Commercial Fraud: Cases And Commentary (2011 Edition), Alex Steel

Alex Steel

This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. It has been substantially revised to account the introduction of new fraud offences in NSW in 2010. The law was current as of 2011.


New Fraud And Identity-Related Crimes In New South Wales, Alex Steel Jan 2010

New Fraud And Identity-Related Crimes In New South Wales, Alex Steel

Alex Steel

The Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 commenced on 22 February 2010. It represents a significant change to fraud offences in New South Wales. The Act codifies dishonesty in line with the Ghosh test, replaces over 30 fraud offences with one main offence based on deceptively obtaining financial advantage, rewords the forgery offences and introduces a suite of identity crime offences. The Act continues to move away from offences based on common law larceny and interference with property rights toward general offences based on a statutory defined concept of dishonesty. However, larceny and related offences have been …


Commercial Fraud: Cases And Commentary, Alex Steel Jan 2008

Commercial Fraud: Cases And Commentary, Alex Steel

Alex Steel

This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. The law was current as of 2008.