Volume 39

Issues 2016
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General / Thematic: The Law of Elections and Politics

April 2016

General

Articles:

(Failed) Voluntary Euthanasia Law Reform in Australia: Two Decades of Trends, Models and Politics

Lindy Willmott, Ben White, Christopher Stackpoole, Kelly Purser and Andrew McGee


The Irrelevance of Sentencing of (Most) Incidental Hardships Suffered by Offenders

Mirko Bagaric, Lidia Xynas and Victoria Lambropoulos


Giving Meaning to ‘Social Origin’ in International Labour Organization (‘ILO’) Conventions, the Fair Work Act 2009 (Cth) and the Australian Human Rights Commission Act 1986 (Cth): ‘Class’ Discrimination and Its Relevance to the Australian Context

Angelo Capuano


Cycling and the Law

Gabrielle Appleby and Adam Webster


Two’s Company, Three’s a Crowd? Regulating Third-Party Litigation Funding, Claimant Protection in the Tripartite Contract, and the Lens of Theory

Michael Duffy


Addressing the Solution-Focused Sceptics: Moving Beyond Punitivity in the Sentencing of Drug-Addicted and Mentally Impaired Offenders

Michelle Edgely


Technology Transfer of Aquatic Genetic Resources under the Convention on Biological Diversity and the Nagoya Protocol: ‘Sponging’ off Patent Law Defences

Fran Humphries


Book Review: Money Awards in Contract Law

Jeannie Paterson

Thematic

Articles:

Nature, Rationale, and Effectiveness of Security Industry Regulation in New South Wales, 1985–2014

Dae Woon Kim and Tim Prenzler


Editorial

Damian Morris


Foreword

Andrew Geddis


Regulating Opinion Polling: A Deliberative Democratic Perspective

Graeme Orr and Ron Levy


Savings Provisions in Australian Electoral Law: Their Forms, Functions and Historical Development

Narelle Miragliotta and Zim Nwokora


The Challenge of Informed Voting at Constitutional Referendums

Paul Kildea and Rodney Smith


Voting Rights of Permanent Residents

Alexander Reilly and Tiziana Torresi


The Core of the Australian Constitutional People – ‘The People’ as ‘The Electors’

Elisa Arcioni

General / Thematic: Beyond the Gendered Subject: Law and Feminist Thought

July 2016

General

Articles:

The Common Law Principle of Legality and Secondary Legislation

Dan Meagher and Matthew Groves


Anti-Vilification Laws and Public Racism in Australia: Mapping the Gaps between the Harms Occasioned and the Remedies Provided

Katharine Gelber and Luke McNamara


Locating the Logic of Transitional Justice in Liberal Democracies: Native Title in Australia

Harry Hobbs


Tort Law Reform to Improve Access to Compensation for Survivors of Institutional Child Sexual Abuse

Allison Silink and Pamela Stewart


An Evolving Revolution: Evaluating Australia’s Compliance with the Convention on the Rights of Persons with Disabilities in Mental Health Law

Sascha Callaghan and Christopher Ryan


Why Australia Needs a Motor Vehicle ‘Lemon Law’

Stephen Corones


Health Conscious and Confused: Why ‘Healthy’ Trade Marks Matter to Consumers

Jay Sanderson


EU and US Perspectives on Fair Dealing for the Purpose of Parody or Satire

Graeme Austin


Corporate Governance Codes and Gender Diversity: Management-Based Regulation in Action

Alice Klettner

Thematic

Articles:

Editorial

Brigid McManus


Foreword

Reg Graycar


A Little Judicial Direction: Can the Use of Jury Directions Challenge Traditional Consent Narratives in Rape Trials?

Emma Henderson and Kirsty Duncanson


Responsibility and Redress: Theorising Gender Justice in the Context of Catholic Clerical Child Sexual Abuse in Ireland and Australia

Kate Gleeson


Fixed at Birth: Medical and Legal Erasures of Intersex Variations

Aileen Kennedy


Income Management and Indigenous Women: A New Chapter of Patriarchal Colonial Governance?

Shelley Bielefeld


When Rumpelstiltskin Comes to Collect: A Labour Feminist Argument against Employer-Sponsored Oocyte Cryopreservation in Australia

Roseanna Bricknell

General / Thematic: Terrorism and International Law

September 2016

General

Articles:

Criminal Law and the Effects of Alcohol and Other Drugs: A National Study of the Significance of ‘Intoxication’ in Australian Legislation

Julia Quilter, Luke McNamara, Kate Seear and Robin Room


‘Playing with Fire’: Contemporary Fault Issues in the Enigmatic Crime of Arson

John L Anderson


The Independent National Security Legislation Monitor’s First Term: An Appraisal

Jessie Blackbourn


Court Authorised Sterilisation and Human Rights: Inequality, Discrimination and Violence against Women and Girls with Disability

Linda Steele


Voting with an ‘Unsound Mind’? A Comparative Study of the Voting Rights of Persons with Mental Disabilities

Trevor Ryan, Andrew Henderson and Wendy Bonython


Still ‘Insufficient or Irrelevant’: Australia’s Foreign Bribery Corporate Whistleblowing Regulation

Vivienne Brand


Practical Injustice in the Context of Private Tax Rulings

John Azzi


The Zone of Interests Test and Standing for Judicial Review in Australia

Nathan Van Wees


The High Court on Constitutional Law: The 2015 Statistics

Andrew Lynch and George Williams

Thematic

Articles:

Editorial

David Yang


Foreword

Bret Walker SC


The Potentialities and Limitations of Reactive Law Making: A Case Study in International Terrorism Suppression

Kimberley N Trapp


ASEAN and the Development of Counter-Terrorism Law and Policy in Southeast Asia

See Seng Tan and Hitoshi Nasu


Time to Move Out of the Shadows? Special Operations Forces and Accountability in Counter-Terrorism and Counter-Insurgency Operations

Jon Moran


The Treatment of High Value Detainees under the United States’ Extraordinary Rendition Program: A Case of Crimes against Humanity for the International Criminal Court

Fiona Lau

General / Thematic: Rethinking Climate Change and the Law

November 2016

General

Articles:

Reading the High Court at a Distance: Topic Modelling the Legal Subject Matter and Judicial Activity of the High Court of Australia, 1903–2015

David J Carter, James Brown and Adel Rahmani


Good Evidence, Safe Outcomes in Parenting Matters Involving Domestic Violence? Understanding Family Report Writing Practice from the Perspective of Professionals Working in the Family Law System

Samantha Jeffries, Rachael Field, Helena Menih and Zoe Rathus


A Directors’ Fiduciary Duty of Disclosure: The Case(s) Against

Beth Nosworthy


Towards Compassion: Statutory Powers to Regulate Impaired Doctors in Victoria, 1844–2016

Gabrielle Wolf


On the Origin of Section 96 of the Constitution

Greg Taylor


The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest

Anne Twomey


Foucault and the Politics of Rights

Ratna Kapur

Thematic

Articles:

Editorial

Andrew Roberts


Foreword

The Hon Justice Brian Preston SC


The Paris Agreement: Some Critical Reflections on Process and Substance

Margaretha Wewerinke-Singh and Curtis Doebbler


From the Nansen Initiative to the Platform on Disaster Displacement: Shaping International Approaches to Climate Change, Disasters and Displacement

Jane McAdam


A Barrier for Australia’s Climate Commitments? Law, the Electricity Market and Transitioning the Stationary Electricity Sector

Anne Kallies


Developing a Framework for ‘Blue Carbon’ in Australia: Legal and Policy Considerations

Justine Bell-James


Promoting Resilience to Climate Change in Australian Conservation Law: The Case of Biodiversity Offsets

Jan McDonald, Phillipa C McCormack and Anita Foerster


Shifts in Victorian Climate Law and the Planning System: Intersected Views from the Field and Academia

Marion Manifold and Brad Jessup


Fossil Fuels Divestment: Is It Lawful?

Benjamin J Richardson


The Socio-legal Implications of the New Politics of Climate Change

Bronwen Morgan and Declan Kuch