Volume 36

Issues 2013
Personalise

General / Thematic: The Evolution of the Public / Private Divide

April 2013

General

Articles:

Restraints of Trade: The Legal Practice

Christopher Arup, Chris Dent, John Howe and William van Caenegem


Class Participation as a Learning and Assessment Strategy in Law: Facilitating Students’ Engagement, Skills Development and Deep Learning

Alex Steel, Julian Laurens and Anna Huggins


Legal Processes and Gendered Violence: Cross-Applications for Domestic Violence Protection Orders

Heather Douglas and Robin Fitzgerald


Express Recognition of the UN Convention on the Rights of the Child in the Family Law Act: What Impact for Children’s Rights to Be Heard?

Michelle Fernando


Collective Bargaining in Business: Economic and Legal Implications

Stephen P King


Rehabilitating Totality in Sentencing: From Obscurity to Principle

Mirko Bagaric and Theo Alexander

Thematic

Articles:

Editorial

Giridhar Kowtal


Foreword

Sir Anthony Mason AC KBE QC


Public and Private Bricolage: Challenges Balancing Law, Services and Civil Society in Advanced CRPD Supported Decision Making

Terry Carney and Fleur Beaupert


Public and Private Interests in Australian Administrative Law

Andrew Edgar


Law, Governance and Risk: Deconstructing the Public-Private Divide in Climate Change Adaptation

Lee Godden, Francine Rochford, Jacqueline Peel, Lisa Caripis and Rachel Carter


Police Photography and Privacy: Identity, Stigma and Reasonable Expectation

Jake Goldenfein


Lessons in Personal Freedom and Functional Land Markets: What Strata and Community Title Can Learn from Traditional Doctrines of Property

Cathy Sherry


‘Officers of the Commonwealth’ in the Private Sector: Can the High Court Review Outsourced Exercises of Power?

Janina Boughey and Greg Weeks

General / Thematic: The Use of Force in International Law

July 2013

General

Articles:

Shifting Language and Meaning between Social Science and the Law: Defining Family Violence

Zoe Rathus AM


Schooling the Blues? An Investigation of Factors Associated with Psychological Distress among Law Students

Wendy Larcombe and Katherine Fethers


Section 75(v), No-Invalidity Clauses and the Rule of Law

Charles Noonan


The Changing Patterns of Total Intestacy Distribution between Spouses and Children in Australia and England

Fiona Burns


The High Court on Constitutional Law: The 2012 Statistics

Andrew Lynch and George Williams AO


Time to Define the ‘Cornerstone of Public Order Legislation’: The Elements of Offensive Conduct and Language under the Summary Offences Act 1988 (NSW)

Julia Quilter and Luke McNamara


Equal Pay under the Fair Work Act 2009 (Cth): Mainstreamed or Marginalised?

Fiona Macdonald and Sara Charlesworth

Thematic

Articles:

Editorial

Guy Baldwin


Foreword

James Crawford AC SC


The Responsibility to Protect and the Arab Spring: Libya as the Exception, Syria as the Norm?

Andrew Garwood-Gowers


Piercing the Shield of Sovereignty: An Assessment of the Legal Status of the ‘Unwilling or Unable’ Test

Gareth D Williams


The Provision of Arms and ‘Non-lethal’ Assistance to Governmental and Opposition Forces

Christian Henderson


The XM25 Individual Semi-automatic Airburst Weapon System and International Law: Landing on the Wrong Planet?

James D Fry


Peoples’ Tribunal, International Law and the Use of Force

Andrew Byrnes and Gabrielle Simm

General / Thematic: The Practical Significance of the Theories Guiding the Development of the Common Law

November 2013

General

Articles:

Copyright Protections and Disability Rights: Turning the Page to a New International Paradigm

Paul Harpur and Nicolas Suzor


‘How Dare You Tell Me How to Teach!’: Resistance to Educationalism within Australian Law Schools

Nick James


Registering the Births of Indigenous Australians: Has New South Wales Got It Right?

Alainnah Calabrò


Beyond the ‘Three Dogmas of Juvenile Justice’: A Response to Weatherburn, McGrath and Bartels

Kelly Richards and Murray Lee


The High Court on Constitutional Law: The 2012 Term – Explanatory Power and the Modalities of Constitutional Reasoning

Nicholas Aroney


Kable No 2: Orders of a Superior Court 1, False Imprisonment 0

Steven C Churches


(Ad)ministering Justice: Expert Evidence and the Professional Responsibilities of Prosecutors

Gary Edmond


Smugglers and Samaritans: Defences to People Smuggling in Australia

Andreas Schloenhardt and Connor Davies


Regionalism in International Investment Law by Leon E Trakman and Nicola W Ranieri (eds)

Michael Kirby AC CMG

Thematic

Articles:

Editorial

Andrew Smorchevsky


Foreword

Keith Mason AC QC


Theories and Principles Underlying the Development of the Common Law: The Statutory Elephant in the Room

Mark Leeming


Unjust Enrichment and the Role of Legal History in England and Australia

Warren Swain


The Use and Misuse of Equitable Election

Qiao Liu


Sovereignty as Governance: An Organising Theme for Australian Property Law

Paul Babie