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Articles 1 - 30 of 33
Full-Text Articles in Law
Class Participation As A Learning And Assessment Strategy In Law: Facilitating Students’ Engagement, Skills Development And Deep Learning, Alex Steel, Anna Huggins, Julian Laurens
Class Participation As A Learning And Assessment Strategy In Law: Facilitating Students’ Engagement, Skills Development And Deep Learning, Alex Steel, Anna Huggins, Julian Laurens
Alex Steel
Well designed assessment can be a vehicle for encouraging students to learn and engage more broadly than with the minimums required to complete the assessment activity. In that sense assessment need not merely ‘drive’ earning, but can instead act as a catalyst for further learning beyond what a student had anticipated. In this article we reconsider the potential roles and benefits in legal education of a form of interactive classroom learning we term assessable class participation (ACP), both as part of a pedagogy grounded in assessment and learning theory, and as a platform for developing broader autonomous approaches to learning …
Good Practice Guide (Bachelor Of Laws): Law In Broader Contexts, Alex Steel
Good Practice Guide (Bachelor Of Laws): Law In Broader Contexts, Alex Steel
Alex Steel
This Good Practice Guide was commissioned by the Law Associate Deans Network to support the implementation of Threshold Learning Outcome 1: Knowledge. The Threshold Learning Outcomes (TLOs) for the Bachelor of Laws were developed in 2010 as part of the Learning and Teaching Academic Standards (LTAS) Project, led by Professors Sally Kift and Mark Israel. TLO 1 states: Graduates of the Bachelor of Laws will demonstrate an understanding of a coherent body of knowledge that includes: (a) the fundamental areas of legal knowledge, the Australian legal system, and underlying principles and concepts, including international and comparative contexts, (b) the broader …
Broader Social Context As A Lens For Learning: Teaching Criminal Law, Alex Steel, Melanie Schwartz
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.
Clarifying Assessment: Developing Official Typologies And Instructions For Forms Of Assessment In Law, Alex Steel
Clarifying Assessment: Developing Official Typologies And Instructions For Forms Of Assessment In Law, Alex Steel
Alex Steel
Law students are expected to complete a range of assessment throughout their degree, and do so with varying levels of success. Increasingly, research has examined the ways in which student performance can be enhanced. While much focus has been on how to best to provide students with feedback that can be acted on, this paper examines the extent to which standardisation of the way in which assessment tasks are described could assist students. The use of the same name to describe different variations of an assessment task can create confusion for students and for new members of staff. Research demonstrates …
‘Works Well With Others’: Examining The Different Types Of Small Group Learning Approaches And Their Implications For Law Student Learning Outcomes, Julian Laurens, Alex Steel, Anna Huggins
‘Works Well With Others’: Examining The Different Types Of Small Group Learning Approaches And Their Implications For Law Student Learning Outcomes, Julian Laurens, Alex Steel, Anna Huggins
Alex Steel
In the current regulatory climate, there is increasing expectation that law schools will be able to demonstrate students’ acquisition of learning outcomes regarding collaboration skills. We argue that this is best achieved through a stepped and structured whole-of-curriculum approach to small group learning. ‘Group work’ provides deep learning and opportunities to develop professional skills, but these benefits are not always realised for law students. An issue is that what is meant by ‘group work’ is not always clear, resulting in a learning regime that may not support the attainment of desired outcomes. This paper describes different types of ‘group work’, …
Unsw Law School In The Assessment Project, Alex Steel
Unsw Law School In The Assessment Project, Alex Steel
Alex Steel
This chapter outlines the approach UNSW Law took to developing a whole of curriculum approach to assessment . It included an audit of assessment practices, surveys of student attitudes and experiences and the development of program and course learning outcomes that were mapped across the curriculum.
Answering Legal Problem Questions In A Grid Format, Alex Steel, Dominic Fitzsimmons
Answering Legal Problem Questions In A Grid Format, Alex Steel, Dominic Fitzsimmons
Alex Steel
The development of legal reasoning skills is a fundamental aspect of legal education. What has sometimes been called “learning to think like a lawyer” is a threshold competency that students must acquire before they can progress to more complex analysis of broader legal issues. This chapter discusses the use of problem-based scenarios to both engage students and to develop legal analysis. It outlines the threshold difficulties students must overcome in order to read texts as a lawyer and explains how use of a grid format answer – rather than an essay format – can both assist students to overcome these …
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Renovating Or Innovating? The Current Curriculum Reforms At Unsw, Alex Steel
Alex Steel
This conference paper outlines the curriculum review process at UNSW as it was in 2012. The paper reflects on the history of the law school and the success of the review processes.
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
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
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
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 Zealand's Approach To Dishonesty, Alex Steel
New Zealand's Approach To Dishonesty, Alex Steel
Alex Steel
This is an updated and abridged version of an earlier article "The Meanings of Dishonesty in Theft" Common Law World Review 38 (2009): 103-136( http://works.bepress.com/alex_steel/17) . It compares New Zealand, English, Canadian and Australian meanings of dishonesty in theft.
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
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 …
Describing Dishonest Means: The Implications Of Seeing Dishonesty As A Course Of Conduct Or Mental Element And The Parallels With Indecency, Alex Steel
Alex Steel
Fundamental differences exist internationally and within over the definition of ‘dishonestly’ and the associated term ‘fraudulently’. In Australia and Canada a further concept of ‘dishonest means’ exists. This article critically examines the Australian High Court’s analysis of ‘dishonest means’ in Peters v The Queen by comparing it with the approach taken by the Canadian Supreme Court in R v Theroux and R v Zlatic. The definition of ‘dishonest means’ in Peters is also compared with the exposition of actus reus and mens rea set out in He Kaw Teh v The Queen, and with similar issues faced by courts in …
The True Identity Of Australian Identity Theft Offences: A Measured Response Or An Unjustified Status Offence?, Alex Steel
Alex Steel
New offences to deal with internet based identity crime have been created worldwide in recent years and there has been concern at the breadth of such offences. This article provides a detailed analysis of Australian versions of these offences and compares them to other internet related offences, with a focus on Australian and Canadian approaches to the issues. After defining what is meant by identity theft and identity crime it provides an overview of some of the differences in the nature of digital crime that have led to calls for specific legislation, and some of the problems that face traditional …
What's To Know? The New Cartel Offence, Alex Steel
What's To Know? The New Cartel Offence, Alex Steel
Alex Steel
This article examines the mental elements of the new cartel offence in the Australian Trade Practices Act 1974. it compares the wording of the offence to the interpretation of mental elements under the Commonwealth Criminal Code in R v Tang, a High Court decision on the mental elements of sexual servitude (sex slavery) offence. It concludes that there is no practical difference between the mental elements of the cartel criminal offence and parallel civil penalty provisions and argues that additional mental elements are needed to justify the criminalisation of cartel activity.
The Meanings Of Dishonesty In Theft, Alex Steel
The Meanings Of Dishonesty In Theft, Alex Steel
Alex Steel
This paper examines the development of the element of fraudulence in larceny and its recasting as dishonesty in modern theft offences. It examines the diverging approaches in England, Canada, New Zealand and Australia and attempts to explain the implications of the various approaches. It suggests that historical debates over the term arose because of the lack of clarity in early decisions, and that those debates continue today. Consequently, the principled basis for dishonesty as a legal term remains fundamentally unclear and discussion of the term requires further consideration.
Bail In Australia: Legislative Introduction And Amendment Since 1970, Alex Steel
Bail In Australia: Legislative Introduction And Amendment Since 1970, Alex Steel
Alex Steel
This paper examines the rate of amendment of bail laws across Australian jurisdictions since the 1980’s. It examines stated justifications for those changes by Parliamentarians in a number of jurisdictions and seeks to provide insights into the increasing rate of legislative amendment in some states in recent years. The paper analyses whether Australia wide trends exist or whether the reasons for amendment are more locally based.
Permanent Borrowing And Lending: A New View Of Section 6 Theft Act 1968, Alex Steel
Permanent Borrowing And Lending: A New View Of Section 6 Theft Act 1968, Alex Steel
Alex Steel
This paper considers the meaning and interpretation of the extended definition of “intention of permanently depriving” in the English Theft Act 1968 s 6. The article analyses the various judicial interpretations of the section, pointing out that a lack of reporting of decisions has led to inconsistent approaches to the section. The article uses transcripts of the full judgments to provide a detailed consideration of each case’s reasoning. Drawing on these reasons, a new way of approaching the section is suggested. On this approach the section is primarily one that deems certain actions to amount to an intention to permanently …
Commercial Fraud: Cases And Commentary, Alex Steel
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.
Taking Possession: The Defining Element In Theft, Alex Steel
Taking Possession: The Defining Element In Theft, Alex Steel
Alex Steel
This article argues that the Theft Act 1968 (UK) c 60 and subsequent legislative developments in Australia have overlooked the principle of preventing public violence that was historically a justification for the common law offence of larceny. The article outlines the English Criminal Law Revision Committee’s decision to amalgamate previously separate offences into one overarching theft offence in the Theft Act 1968 (UK) c 60. It then describes the historical development of the common law offence of larceny, and its basis in the protection of the possessory rights of victims. The author argues that the restriction of the term ‘property …
Problematic And Unnecessary? Issues With The Use Of The Theft Offence To Protect Intangible Property, Alex Steel
Problematic And Unnecessary? Issues With The Use Of The Theft Offence To Protect Intangible Property, Alex Steel
Alex Steel
This article questions whether misuse of intangible property should fall within the scope of theft — an issue on which Australian jurisdictions are currently divided. It provides an overview of the traditional limitation of larceny to moveable property and some of the difficult issues of interpretation of the modern theft offence that are related to the inclusion of intangible property. It then examines in detail a number of forms of intangible property to see if any of them are capable of forming the basis of a theft charge. The conclusion made is that intangible property is either unable to form …
The Harms And Wrongs Of Stealing: The Harm Principle And Dishonesty In Theft, Alex Steel
The Harms And Wrongs Of Stealing: The Harm Principle And Dishonesty In Theft, Alex Steel
Alex Steel
In ‘On the Nature and Rationale of Property Offences’ A P Simester and G R Sullivan argue that the Harm Principle can be used to justify property offences. This article provides a critique of that essay. It begins with an overview of the Harm Principle and some key criticisms of it. It then considers Simester and Sullivan’s argument that the conduct proscribed by property offences causes harm to the property regime generally. The article suggests that this is an overly broad notion of harm on which to base criminalisation, and one that fails to adequately identify which particular breaches of …
Money For Nothing, Cheques For Free? The Meaning Of ‘Financial Advantage’ In Fraud Offences, Alex Steel
Money For Nothing, Cheques For Free? The Meaning Of ‘Financial Advantage’ In Fraud Offences, Alex Steel
Alex Steel
This article offers a critique of the current understanding of the phrase ‘financial advantage’ in Australian fraud offences. It begins by considering the history and use of these offences, and ultimately argues that the concept embodied by the phrase is far more complex and uncertain than recent case law suggests. It examines the concept in relation to both the English pecuniary advantage offences and the additional phrase ‘any money or any valuable thing’ in the Crimes Act 1900 (NSW) s 178BA offence, and contrasts it with offences based on the causing of detriment. It is suggested that discussions of defaulting …
Building A Curriculum Framework: Law, Lawyers And Society, Alex Steel, Glen Jeffreys
Building A Curriculum Framework: Law, Lawyers And Society, Alex Steel, Glen Jeffreys
Alex Steel
This report describes the development a model for sustainable curriculum development and re-invigoration in the School of Law, using LAWS 6210 Law, Lawyers and Society as a case study. In many approaches to curriculum review, there is an assumption that the rationale for the course is already determined and the review process is merely about deciding which teaching materials, or mode of teaching, are the best methods by which to achieve the aims. However, the approach described in this report allows each participant to share their understanding of what the course meant to them, therefore providing a much richer understanding …
Criterion Rubric For Online Participation, Alex Steel
Criterion Rubric For Online Participation, Alex Steel
Alex Steel
A criterion rubric for assessing online participation in law.
Criterion Rubric For Research Essays, Alex Steel
Criterion Rubric For Research Essays, Alex Steel
Alex Steel
A detailed criterion rubric for legal research essays.
Criterion Rubric For Class Participation, Alex Steel
Criterion Rubric For Class Participation, Alex Steel
Alex Steel
A criterion based rubric for assessing class participation in law.
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Alex Steel
Since 1929 it has been an offence in New South Wales to habitually consort with reputed/convicted criminals. This article outlines the fears over so-called razor gangs that led to the offence's introduction and the role of the media in promoting the enactment of the offence. A detailed examination of the scope of the various elements of the offence, as defined by the courts is also provided. The paper also examines the historical and current use of the offence by police, and the degree of discretion involved in enforcement. The breadth of the offence is such that it effectively amounts to …
Vaguely Going Where No-One Has Gone: The Expansive New Computer Access Offences, Alex Steel
Vaguely Going Where No-One Has Gone: The Expansive New Computer Access Offences, Alex Steel
Alex Steel
Both the New South Wales and Australian Commonwealth governments have enacted major reforms to computer - related offences. These reforms are based on the Model Criminal Code Chapter Four: Damage and Computer Offences. The reforms move from an emphasis on access to an emphasis on damage. While they provide principled limitations on some previous offences they also introduce new sweeping offences relating to network impairment and control of data preparatory to other offences. This article outlines the elements of these new offences and highlights the issues that are likely to arise in their enforcement.