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Full-Text Articles in Law
Societas Europaea: Harmonization Or Proliferation Of Corporations Law In The European Union?, J. M. Marychurch
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
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 …
Shifting Ground: Context And Change In Two Australian Legal Systems, Richard Mohr
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
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
(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
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 …
From Oxymoron To Intersection: An Epidemiology Of Legal Research, D. Manderson, Richard Mohr
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 …