Law Commons^™

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.

Australia As An Arbitration-Friendly Country: The Tension Between Party Autonomy And Finality, Louise Parsons, Jack Leonard

Louise Parsons

The landmark decision of the High Court of Australia in the recent case of TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 reinforced the importance of the principle of party autonomy in international commercial arbitration in Australia. The case was highly acclaimed as a case that confirmed Australia as an “arbitration-friendly” country. This article examines the tension between the interest in finality and enforcement of arbitral awards, and the interest in a quality award. The first interest would generally argue against contractual expansion of judicial review clauses in the arbitration …

How Can Tax Collection Be Structured To Observe And Preserve Taxpayer Rights: A Discussion Of Practices And Possibilities, T. Keith Fogg, Sime Jozipovic

T. Keith Fogg

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

David C. Brown

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 …

Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag

Sean Rehaag

This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …

Detection Of Mycobacterium Ulcerans In The Environment Predicts Prevalence Of Buruli Ulcer In Benin, Heather R. Williamson, Mark Eric Benbow, Lindsay P. Cambell, Christian R. Johnson, Ghislain Sopoh, Yves Barogui, Richard W. Merritt, Pamela L. C. Small

Christian A. Johnson

Background: Mycobacterium ulcerans is the causative agent of Buruli ulcer (BU), a destructive skin disease found predominantly in sub-Saharan Africa and south-eastern Australia. The precise mode(s) of transmission and environmental reservoir(s) remain unknown, but several studies have explored the role of aquatic invertebrate species. The purpose of this study was to investigate the environmental distribution of M. ulcerans in south-eastern Australia.

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Anne Wallace Professor

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

Judicial Workload: Time, Tasks And Work Organisation, Kathy Mack, Anne Wallace, Sharyn Roach Anleu

Anne Wallace Professor

[No abstract available]

Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.

Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert

Kim Weinert

Incorporated associations are founded by, and subsequently operate exclusively on, the collective action of individuals, which is largely voluntary and motivated by altruistic goals. This article will examine through doctrinal analysis the statutory duties and common law obligations of an incorporated association. In examining these specific legal duties, this article will reveal the lack of consistency across Australian jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this article will consider whether an officer of an incorporated and unincorporated association is a fiduciary — and, if this is so, whether this …

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …

Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman

Chris Rahman

Maritime security is vital to Australia and its neighbours in the ASEANAustralia- India "triangle" - or the area of the northeast Indian Ocean. It has become a leading sphere for the construction of deeper forms of security cooperation. Nonetheless, both the "region" in question and the topic of maritime security itself are underdeveloped ideas in the context of rapidly developing relationships. Therefore, the approach pursued in this chapter focuses on four themes. First, the maritime nature of the area's geography is established. Second, different perspectives on maritime security are introduced, with an emphasis on non-traditional factors, including responses to the …

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

Chris Rahman

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 …

The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman

Chris Rahman

Australia has hosted U.S. bases or troops for most of rhe last seventy years, beginning in the early part of the Second World War in the Pacific. Ironically, the arrival of American troops in Australia was at least partly the result of the failure of the "Singapore strategy," whereby the Royal Navy's Singapore naval base was to support any British fleet sent to the Far East in the event of a war with Japan. Seventy years on, Australia still hosts U.S. defense facilities and U.S. forces continue to visit-primarily now for exercises. Map 4 depicts major facilities utilized at present.

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …

"Why Can't A Woman Be More Like A Man?" American And Australian Approaches To Exclusionary Conduct, George Hay, Rhonda L. Smith

George A. Hay

Much of antitrust law (in the U.S.) or trade practices law (in Australia) is about “exclusionary conduct,” things that large firms do to acquire an even larger share of the market or to preserve their large market share from being eroded by smaller rivals or new entrants. In the U.S., the main vehicle for policing inappropriate exclusionary conduct by large firms against smaller competitors is Section 2 of the Sherman Act, which prohibits monopolization or attempted monopolization. In Australia, the main vehicle is Section 46 which, generally speaking, prohibits the misuse of market power. The main purpose of this paper …

Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender

H. Allan Hunt

No abstract provided.

Labour Intellectuals In Australia: Modes, Traditions, Generations, Transformations, Terence H. Irving, Sean Scalmer

Terry Irving

The article begins with a discussion of labour intellectuals as knowledge producers in labour institutions, and of the labour public in which this distinctive kind of intellectual emerges, drawing on our previously published work. Next we construct a typology of three ‘‘modes’’ of the labour intellectual that were proclaimed and remade from the 1890s (the ‘‘movement’’ the ‘‘representational’’, and the ‘‘revolutionary’’), and identify the broad historical processes (certification, polarization, and contraction) of the labour public. In a case study comparing the 1890s and 1920s we demonstrate how successive generations of labour intellectuals combined elements of these ideal types in different …

Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.

Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel

Daniel J Gervais

Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …

Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin

Michael Jacklin

Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …

Regional Treaties, G. L. Rose

Professor Gregory Rose

An investigation of trends in Australian treaty-making with countries in the region of South East Asia and the South West Pacific, projected forwards from the middle of 2006.

Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska

Professor Gregory Rose

This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.

Extraterritoriality And The Sexual Conduct Of Australians Overseas, Danielle Ireland-Piper

Danielle Ireland-Piper

In April 2010, the Australian Parliament inserted Division 272 into the Criminal Code (Cth).[1]3 The division is entitled ‘Child sex offences outside Australia’ and contains various offences relating to sexual intercourse or sexual activity, even where that activity takes place overseas. The title of its predecessor (Part IIIA of the Crimes Act 1914) was ‘Child Sex Tourism’. However, the scope of the offences under both Part IIIA and Division 272 extends to conduct that takes place overseas with no territorial nexus to Australia other that the Australian citizenship or residency of the offender. For example, an Australian citizen who is …

The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire

Alexander Colvin

The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …

Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle

Professor Ben M Tsamenyi

Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …

Securing Maritime Australia: Developments In Maritime Surveillance And Security, Clive Schofield, Ben Tsamenyi, Mary Ann Palma

Professor Ben M Tsamenyi

A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction.Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australia’s past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and …

The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi

Professor Ben M Tsamenyi

The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …