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Full-Text Articles in Law
Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears
Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears
David C. Brown
"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Explaining Law: Macrosociological Theory And Empirical Evidence, Larry Barnett
Explaining Law: Macrosociological Theory And Empirical Evidence, Larry Barnett
Larry D Barnett
No abstract provided.
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Darren O'Donovan
Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Danielle Ireland-Piper
Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Danielle Ireland-Piper
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …
Steve Yelderman Gave A Lecture At The Law & Economics Seminar On His Paper Coordination-Focused Patent Policy On September 15., Stephen Yelderman
Steve Yelderman Gave A Lecture At The Law & Economics Seminar On His Paper Coordination-Focused Patent Policy On September 15., Stephen Yelderman
Stephen Yelderman
Steve Yelderman gave a lecture at the Law & Economics Seminar on his paper Coordination-Focused Patent Policy on September 15.
Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum
Clergy Sexual Abuse: Social Science Perspectives, Claire Renzetti, Sandra Yocum
Sandra A. Yocum
This book brings together experts primarily from the fields of criminology, criminal justice, law, and social work, but also cultural anthropology and psychology, to analyze clergy sexual abuse from the perspective of their individual disciplines. Contributors examine the latest data and analyses on the scope and impact of clergy sexual abuse, frame the problem in terms of sociological and criminological theories of crime and deviance, explore the social and legal issues the problem raises for the personal and communal life of faith communities, and discuss possibilities for reform, reconciliation, and healing. Covering sexual abuse of both minors and adults, chapters …
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
John Ehrett
This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …