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Full-Text Articles in Law
Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay
Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay
Research Collection Yong Pung How School Of Law
It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal …
Revamping The Law Tutorial, Nadja Alexander, Ann Black
Revamping The Law Tutorial, Nadja Alexander, Ann Black
Research Collection Yong Pung How School Of Law
The lecture/tutorial format is the dominant structurethrough which law is taught in Australia. This articleexamines the learning environment of the law tutorial, andsuggests approaches aimed at maximising the learningexperience for students, on the basis of students’ learningpreferences. The discussion utilises Golay’s learningpattern assessment in developing an understanding of thedifferent learning styles of students. Based on thisanalysis, activities are advanced which advocate andimplement joint tutor-student responsibility for learningwithin tutorials. It is argued that students will learn moreeffectively, and expand their learning experiences wheninvolved directly in the structure, format and content ofthe tutorial itself.
Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay
Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay
Research Collection Yong Pung How School Of Law
The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom.Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or …
Comment On 'Profits Derived From Breach Of Contract Or Restitution', Howard Hunter
Comment On 'Profits Derived From Breach Of Contract Or Restitution', Howard Hunter
Research Collection Yong Pung How School Of Law
There is little with which to disagree in Professor Waddams' paper on the categorisation of damage recoveries in the cases posited, viz, those involving a breach which results in benefit to the breaching party but no loss of any consequence to the nonbreaching party. If the goal of contract remedies is to compensate the plaintiff for loss, then, presumably, there should be no recovery at all in such cases. At most there might be nominal damages to compensate for some transaction costs or perhaps as a ’declaration of rights’. In some of the cases considered by Waddams, breach might be …