Recent University of New South Wales Faculty of Law Research Series Articles

2009

• Byrnes, Andrew --- "The protection of human rights in NSW through the Parliamentary process - a review of the recent performance of the NSW Parliament's Legislation Review Committee" [2009] UNSWLRS 43
• Freestone, David --- "Problems of High Seas Governance" [2009] UNSWLRS 42
• Grewcock, Michael --- "Multiple punishments: the detention and removal of convicted non-citizens" [2009] UNSWLRS 41
• Moon, Gillian --- "Trade and Equality: A Relationship to Discover" [2009] UNSWLRS 40
• Golder, Ben --- "Foucault, anti-humanism and human rights" [2009] UNSWLRS 39
• Freestone, David --- "The International Climate Change Legal and Institutional Framework: An Overview" [2009] UNSWLRS 38
• Mackenzie, Gordon --- "Managing funds for after tax returns: unresolved issues about unrealised gains" [2009] UNSWLRS 37
• Schmidt, Patrick; Halliday, Simon --- "Beyond Methods - Law & Society in Action" [2009] UNSWLRS 36
• Vaile, David; Watt, Renée --- "Inspecting the Despicable, Assessing the Unacceptable: Prohibited Packets and the Great Firewall of Canberra" [2009] UNSWLRS 35
• de Villiers, Meiring --- "Information Security Standards" [2009] UNSWLRS 34
• Walpole, Michael --- "Ethics and Integrity in Tax Administration" [2009] UNSWLRS 33
• Cashmere, Maurice; Fisher, Rodney --- "Defining ordinary income after McNeil" [2009] UNSWLRS 32
• McKerchar, Margaret --- "Philosophical Paradigms, Inquiry Strategies and Knowledge Claims: Applying the Principles of Research Design and Conduct to Taxation" [2009] UNSWLRS 31
• Durbach, Andrea; Renshaw, Catherine; Byrnes, Andrew --- ""A tongue but no teeth"? The emergence of a regional human rights mechanism in the Asia-Pacific" [2009] UNSWLRS 30
• Christou, Sophia; Maurushat, Alana --- "'Waltzing Matilda' or 'Advance Australia Fair'? User-generated content and fair dealing in Australian copyright law" [2009] UNSWLRS 29
• Trakman, Leon --- "Towards Contractual Pluralism" [2009] UNSWLRS 28
• Yesegat, Wollela Abehodie --- "Value Added Tax Administration in Ethiopia: A Reflection of Problems" [2009] UNSWLRS 27
• Sharkey, Nolan --- "The Economic Benefits of the Use of Guanxi and Business Networks in a Jurisdiction with Strong Formal Institutions: Minimisation of Taxation" [2009] UNSWLRS 26
• de Villiers, Meiring --- "Quantitative Proof of Reputational Harm" [2009] UNSWLRS 25
• Evans, Chris; Krever, Richard --- "Tax Reviews in Australia: A Short Primer" [2009] UNSWLRS 24
• Buckley, Ross P. --- "Debt-for-development Exchanges: The Origins of a Financial Technique" [2009] UNSWLRS 20
• Buckley, Ross P. --- "The Economic Policies of China, India and the Washington Consensus: An Enlightening Comparison" [2009] UNSWLRS 22
• Steel, Alex --- "Problematic and Unnecessary? Issues with the Use of the Theft Offence to Protect Intangible Property" [2009] UNSWLRS 21
• Buckley, Ross P. --- "The Bankruptcy of Nations: Let the Law Reflect Reality" [2009] UNSWLRS 20
• Steel, Alex --- "Taking Possession: The Defining Element of Theft?" [2009] UNSWLRS 19
• Buckley, Ross P.; Nixon, Justen --- "The Role of Reputation in Banking" [2009] UNSWLRS 18
• McKerchar, Margaret; Evans, Chris --- "Sustaining Growth in Developing Economies through Improved Taxpayer Compliance: Challenges for Policy Makers and Revenue Authorities" [2009] UNSWLRS 17
• Ghori, Umair --- "The Statistics Tell a Story; An Asian Look at the Evolving Global Textiles & Clothing Trade after Quota Expiry" [2009] UNSWLRS 16
• Kirchengast, Tyrone --- "Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike?" [2009] UNSWLRS 15
• Grewcock, Michael --- "A system of penal abuse: Australia's immigration detention experience" [2009] UNSWLRS 14
• Trakman, Leon --- "The Boundaries of Contract Law in Cyberspace" [2009] UNSWLRS 13
• Grewcock, Michael --- "Colonial genocide and state crime" [2009] UNSWLRS 12
• Maurushat, Alana --- "Data Breach Notification Law Across the World from California to Australia" [2009] UNSWLRS 11
• Donald, Scott --- "Prudence under Pressure" [2009] UNSWLRS 10
• Rayfuse, Rosemary --- "W(h)ither Tuvalu? International Law and Disappearing States" [2009] UNSWLRS 9
• Donald, Scott --- "Beneficiary, Investor, Citizen: Characterising Australia's super fund participants" [2009] UNSWLRS 8
• Watt, Renée; Maurushat, Alana --- "Clean Feed: Australia's Internet Filtering Proposal" [2009] UNSWLRS 7
• Aycock, John; Maurushat, Alana --- ""Good" Worms and Human Rights" [2009] UNSWLRS 6
• Clarke, Roger; Maurushat, Alana --- "The Feasibility of Consumer Device Security" [2009] UNSWLRS 5
• Aycock, John; Maurushat, Alana --- "Future Threats" [2009] UNSWLRS 4
• Halliday, Simon; Scott, Colin --- "A Cultural Analysis of Administrative Justice" [2009] UNSWLRS 3
• Rayfuse, Rosemary --- "The Anthropocene, Autopoiesis and the Disingenuousness of the Genuine Link: Addressing Enforsment Gaps in the Legal Regime for Areas Beyond National Jurisdiction" [2009] UNSWLRS 2
• McAdam, Jane --- "Environmental Migration Governance" [2009] UNSWLRS 1

2008

• Krygier, Martin --- "The rule of law and 'the three integrations'" [2008] UNSWLRS 67
• Renshaw, Catherine; Byrnes, Andrew; Durbach, Andrea --- "Implementing human rights in the Pacific through the work of national human rights institutions: the experience of Fiji" [2008] UNSWLRS 66
• Steel, Alex --- "The Harms and Wrongs of Stealing: The Harm Principle and Dishonesty in Theft" [2008] UNSWLRS 65
• Riley, Joellen --- "What about the worker?! The move toward establishing a system of rights for employees" [2008] UNSWLRS 64
• Davis, Megan --- "Indigenous Rights and the Constitution: Making the Case for Constitutional Reform" [2008] UNSWLRS 63
• Steel, Alex --- "Permanent borrowing and lending: a new view of section 6 Theft Act 1968" [2008] UNSWLRS 62
• Lynch, Andrew; Williams, George --- "Beyond a Federal Structure: Is a Constitutional Commitment to a Federal Relationship Possible?" [2008] UNSWLRS 61
• Maurushat, Alana --- "Anti-Censorship, Benevolent Payloads and Human Rights" [2008] UNSWLRS 60
• Waters, Nigel --- "The APEC Asia-Pacific Privacy Initiative - a new route to effective data protection or a trojan horse for self-regulation?" [2008] UNSWLRS 59
• Bowrey, Kathy --- "On clarifying the role of originality and fair use in 19th century UK jurisprudence: appreciating "the humble grey which emerges as the result of long controversy"" [2008] UNSWLRS 58
• Nolan, Justine --- "The China Dilemma: Internet Censorship and Corporate Responsibility" [2008] UNSWLRS 57
• Rayfuse, Rosemary --- "Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans" [2008] UNSWLRS 56
• Cowley, Jill --- "Teaching - intensive appointments in law schools. Is this the way to recognise and value excellence in teaching?" [2008] UNSWLRS 55
• de Villiers, Meiring --- "Substantial Truth in Defamation Law" [2008] UNSWLRS 54
• Nemes, Irene --- "Therapeutic cloning in Australia: One small stem from man, one giant leap for mankind" [2008] UNSWLRS 53
• Bildstein, Ben --- "New Methodologies for Quantifying Licence-Based Commons on the Web" [2008] UNSWLRS 52
• Handler, Michael --- "Continuing Problems with Film Copyright" [2008] UNSWLRS 51
• McAdam, Jane --- "The Standard of Proof in Complementary Protection Cases: Comparative Approaches in North America and Europe" [2008] UNSWLRS 50
• McKerchar, Margaret; Meyer, Kristen; Karlinsky, Stewart --- "Making progress in tax simplification: a comparison of the United States, Australia, New Zealand and the United Kingdom" [2008] UNSWLRS 49
• Handler, Michael --- "Trade Mark Dilution in Australia?" [2008] UNSWLRS 48
• Tarantola, Daniel; Byrnes, Andrew; Johnson, Michael; Kemp, Lynn; --- "Human Rights, Health and Development" [2008] UNSWLRS 47
• Huang, Hui --- "The Statutory Derivative Action in China: Critical Analysis and Recommendations for Reform" [2008] UNSWLRS 46
• Panikabutara Coorey, Pornsakol --- "The evolution of the rule of law in Thailand: The Thai constitutions" [2008] UNSWLRS 45
• Greenleaf, Graham --- "Unlocking IP to stimulate Australian innovation: An Issues Paper" [2008] UNSWLRS 44
• Cossins, Annie --- "Restorative Justice and Child Sex Offences: The Theory and the Practice" [2008] UNSWLRS 43
• Huang, Hui --- "The New Takeover Regulation in China: Evolution and Enhancement" [2008] UNSWLRS 42
• Davis, Megan --- "Indigenous Women's Representation and the Proposal for a New National Representative Body" [2008] UNSWLRS 41
• Evans, Chris --- "Containing Tax Avoidance: Anti-Avoidance Strategies" [2008] UNSWLRS 40
• Byrnes, Andrew; Durbach, Andrea; Renshaw, Catherine --- "Joining the club: the Asia Pacific Forum of National Human Rights Institutions, the Paris Principles, and the advancement of human rights protection in the region" [2008] UNSWLRS 39
• Greenleaf, Graham; Paramaguru, Abi; Bond, Catherine; Christou, --- "Legal deposit's role in the public domain" [2008] UNSWLRS 38
• Freestone, David; Rayfuse, Rosemary --- "Iron Ocean Fertilization and International Law" [2008] UNSWLRS 37
• Low, Jo En --- "Engaging with the United Nations Treaty Bodies: A fruitful dialogue?" [2008] UNSWLRS 36
• Paramaguru, Abi; Vaile, David; Waters, Nigel; Greenleaf, Graham --- "Distinguishing PETs from PITs: Developing technology with privacy in mind" [2008] UNSWLRS 35
• French, Phillip; Kayess, Rosemary --- "Deadly Currents Beneath Calm Waters: Persons with Disability and the Right to Life in Australia" [2008] UNSWLRS 34
• Greenleaf, Graham; Waters, Nigel --- "In support of a statutory privacy action in Australian law" [2008] UNSWLRS 33
• Cunneen, Chris --- "Criminology, Human Rights and Indigenous Peoples" [2008] UNSWLRS 32
• Waters, Nigel; Greenleaf, Graham; Bygrave, Lee --- "Closing the Privacy-Free Zones: An Analysis of ALRC Proposals Concerning Privacy Act Exemptions" [2008] UNSWLRS 31
• Mackenzie, Gordon --- "Infrastructure Taxation in Australia: Accessing losses and avoidances" [2008] UNSWLRS 30
• Cunneen, Chris --- "Riot, Resistance and Moral Panic: Demonising the Colonial Other" [2008] UNSWLRS 29
• Dixon, David --- "Videotaping Police Interrogation" [2008] UNSWLRS 28
• Waters, Nigel --- "Managing the Privilege of Credit Reporting: An Analysis of ALRC Proposals for the Credit Reporting Provisions of the Privacy Act" [2008] UNSWLRS 27
• Mackenzie, Gordon --- "Superannuation Taxation: less equitable, less functional" [2008] UNSWLRS 26
• Cunneen, Chris --- "Policing in Indigenous Communities" [2008] UNSWLRS 25
• Dixon, David --- "Interrogating Terrorist Suspects: Criminal Justice and Control Process in Three Australian Cases" [2008] UNSWLRS 24
• Greenleaf, Graham; Waters, Nigel; Bygrave, Lee --- "Promoting and enforcing privacy principles: an analysis of the ALRC proposals for the role of the Privacy Commissioner" [2008] UNSWLRS 23
• Evans, Chris --- "Alive and thriving - the revised regime for CGT small business concessions" [2008] UNSWLRS 22
• de Villiers, Meiring --- "Reasonable Foreseeability in Information Security Law: A Forensic Analysis" [2008] UNSWLRS 21
• Cunneen, Chris --- "Understanding Restorative Justice Through the Lens of Critical Criminology" [2008] UNSWLRS 20
• Trakman, Leon --- "Modelling University Governance" [2008] UNSWLRS 19
• Evans, Chris --- "Yearning for Earnout Certainty" [2008] UNSWLRS 18
• Greenleaf, Graham; Waters, Nigel; Bygrave, Lee --- "Strengthening uniform privacy principles: an analysis of the ALRC's proposed principles" [2008] UNSWLRS 17
• Davis, Megan --- "The United Nations Declaration on the Rights of Indigenous Peoples" [2008] UNSWLRS 16
• Cunneen, Chris --- "Reviving Restorative Justice Traditions?" [2008] UNSWLRS 15
• Buckley, Ross P.; Baker, Jonathon --- "IMF Policies and Health in Sub-Saharan Africa" [2008] UNSWLRS 14
• Byrnes, Andrew --- "The Disability Discrimination Ordinance, the UN Convention on the Rights of Persons with Disabilities, and Beyond: Achievements and Challenges after Ten Years of Hong Kong Anti-discrimination Legislation" [2008] UNSWLRS 13
• Spender, Lynne; Wellesley-Cole, Olivia --- "National Survey - Report on the Pro Bono Legal Work of Individual Australian Solicitors" [2008] UNSWLRS 12
• Cunneen, Chris --- "Crime, Justice and Indigenous People" [2008] UNSWLRS 11
• Moon, Gillian --- "The WTO-Minus Strategy: Development and human rights under WTO law" [2008] UNSWLRS 10
• Davis, Megan --- "ATSIC and Indigenous Women: Lessons for the Future" [2008] UNSWLRS 9
• Krygier, Martin; Mason, Whit --- "Violence, development and the rule of law" [2008] UNSWLRS 8
• Cunneen, Chris --- "Reflections on Criminal Justice Policy Since the Royal Commission into Aboriginal Deaths in Custody" [2008] UNSWLRS 7
• Edmond, Gary --- "Pathological Science? Demonstrable Reliability and Expert Forensic Pathology Evidence" [2008] UNSWLRS 6
• Moon, Gillian --- "Capturing the benefits of trade? Local content requirements in WTO law and the human rights-based approach to development" [2008] UNSWLRS 5
• Durbach, Andrea --- "'The Cost of a Wounded Society': Reparations and the Illusion and Reconciliation" [2008] UNSWLRS 4
• Cunneen, Chris --- "Assimilation and the Re-invention of Barbarism" [2008] UNSWLRS 3
• Buckley, Ross P; Danielson, Mark --- "Facilitation Payments in International Business: A Proposal to make Section 70.4 of the Criminal Code Workable" [2008] UNSWLRS 2
• Krygier, Martin --- "Terms of Engagement in Times of Terror" [2008] UNSWLRS 1

2007

• Krygier, Martin --- "The Rule of Law: Legality, Teleology, Sociology" [2007] UNSWLRS 65
• Greenleaf, Graham --- "Function Creep - Defined and Still Dangerous in Australia's Revised ID Card Bill " [2007] UNSWLRS 64
• Bowrey, Kathy --- "Fertile Ground: Law, Innovation and Creative Technologies " [2007] UNSWLRS 63
• Paramaguru, Abi; Vaile, David; Bond, Catherine; Maurushat, Alana --- "Copyright Infringement Notices Scheme: A Submission to the Attorney-General's Department " [2007] UNSWLRS 62
• Vines, Prue --- "Apologies and Civil Liability in England, Wales and Scotland: The View from Elsewhere " [2007] UNSWLRS 61
• Greenleaf, Graham --- "Free Access to Japanese and Asian Law - The Launch of AsianLII in Japan " [2007] UNSWLRS 60
• Bowrey, Kathy --- "Can A Public-Minded Copyright Deliver A More Democratic Internet? " [2007] UNSWLRS 59
• Riley, Joellen --- "Employees or Contractors? Engaging Staff Following Work Choices, and in the Light of the Proposed Independent Contractors Legislation " [2007] UNSWLRS 57
• Bowrey, Kathy --- "What Are You Missing Out On? Big Media, Broadcasting, Copyright and Access to Innovation " [2007] UNSWLRS 56
• Steel, Alex --- "General Fraud Offences in Australia" [2007] UNSWLRS 55
• Trakman, Leon --- "The Proliferation of Free Trade Agreements: Bane or Beauty? " [2007] UNSWLRS 54
• Pearson, Linda --- "The Impact of External Administrative Law Review: Tribunals " [2007] UNSWLRS 53
• Riley, Joellen --- "Damages in Executive Employment Litigation" [2007] UNSWLRS 52
• Bond, Catherine --- "Simplification and Consistency in Australian Public Rights Licences " [2007] UNSWLRS 51
• Buckley, Ross P; Dirou, Peter --- "How to Strengthen the International Financial System by Restructuring Sovereign Balance Sheets " [2007] UNSWLRS 50
• Riley, Joellen --- "Estoppel in the Employment Context: A Solution to Standard Form Unfairness? " [2007] UNSWLRS 49
• Byrnes, Andrew; Graterol, Maria Herminia; Chartres, Renee --- "State Obligation and the Convention on the Elimination of All Forms of Discrimination Against Women " [2007] UNSWLRS 48
• Justine Nolan --- "Corporate responsibility in Australia: rhetoric or reality? " [2007] UNSWLRS 47
• Bryan Mercurio --- "The WTO and its Institutional Impediments" [2007] UNSWLRS 46
• Brennan, Sean; Craven, Zoe --- "'Eventually They Get It All'...Government Management of Aboriginal Trust Money in New South Wales " [2007] UNSWLRS 45
• Byrnes, Andrew --- "Drug Offences, the Death Penalty and Indonesia's Human Rights Obligations in the Case of the Bali 9: Opinion Submitted to the Constitutional Court of the Republic of Indonesia " [2007] UNSWLRS 44
• Buckley, Ross P.; Small, Amberlee --- "Leveraging Australia's Debt Relief to the Philippines Through Debt-for-Investment Projects " [2007] UNSWLRS 43
• Steel, Alex --- "Money for Nothing, Cheques for Free? The Meaning of "Financial Advantage" in Fraud Offences " [2007] UNSWLRS 58
• Greenleaf, Graham; Chung, Philip; Mowbray, Andrew --- "Challenges in Improving Access to Asian Laws: the Asian Legal Information Institute (AsianLII) " [2007] UNSWLRS 42
• Riley, Joellen --- "Independent Contracting Arrangements" [2007] UNSWLRS 41
• Martin, Fiona --- "Entities that Manage and Maintain Native Title: Can They Be Exempt From Tax as Charitable Trusts? " [2007] UNSWLRS 40
• Trakman, Leon --- "Ex Aequo et Bono: De-mystifying an Ancient Concept " [2007] UNSWLRS 39
• Riley, Joellen --- "Mental Health and Employment: Issues for Lawyers" [2007] UNSWLRS 38
• Hitchens, Lesley --- "Citizen versus Consumer in the Digital World" [2007] UNSWLRS 37
• Povric, Jenny --- "Regional, Rural and Remote Pro Bono: Models and Opportunities " [2007] UNSWLRS 36
• Glass, Arthur --- "Reflections on Judging: Judging as Application" [2007] UNSWLRS 35
• Waters, Nigel --- "Implementing Privacy Principles in Credit Reporting" [2007] UNSWLRS 34
• Buckley, Ross; Blyschak, Paul --- "Guarding the Open Door: Non-Party Participation Before the International Centre for Settlement of Investment Disputes" [2007] UNSWLRS 33
• Bond, Catherine --- "Reconciling Crown Copyright and Reuse of Government Information: An Analysis of the CLRC Crown Copyright Review" [2007] UNSWLRS 32
• Greenleaf, Graham; Waters, Nigel; Bygrave, Lee --- "Implementing Privacy Principles: After 20 Years, It's Time to Enforce the Privacy Act" [2007] UNSWLRS 31
• Vines, Prue --- "The Power of Apology: Mercy, Forgiveness or Corrective Justice in the Civil Liability Arena?" [2007] UNSWLRS 30
• Trakman, Leon --- "'Legal Traditions' and International Commercial Arbitration" [2007] UNSWLRS 29
• Disney, Julian --- "Superannuation and Lifelong Saving" [2007] UNSWLRS 28
• Buckley, Ross P. --- "It's Time to Stop the Blind Leading the Sighted: A Proposal to Improve the Editing of US Law Reviews" [2007] UNSWLRS 27
• de Villiers, Meiring --- "Opinionated Software" [2007] UNSWLRS 26
• Trakman, Leon --- "The Impartiality and Independence of Arbitrators Reconsidered" [2007] UNSWLRS 25
• Buckley, Ross P. --- "Re-envisioning Economic Sovereignty: Developing Countries and the International Monetary Fund" [2007] UNSWLRS 24
• Mercurio, Bryan --- "Resolving the Public Health Crisis in the Developing World: Problems and Barriers of Access to Essential Medicines" [2007] UNSWLRS 23
• Krygier, Martin --- "Law and the State" [2007] UNSWLRS 22
• Bennett Moses, Lyria --- "Recurring Dilemmas: The Law's Race to Keep Up With Technological Change" [2007] UNSWLRS 21
• Lynch, Andrew; Reilly, Alexander --- "The Constitutional Validity of Terrorism Orders of Control and Preventative Detention" [2007] UNSWLRS 20
• Greenleaf, Graham; Maurushat, Alana; Vaile, David; Bond, --- "Not a fair trade: Australia's TPM protection and AUSFTA-inspired reforms" [2007] UNSWLRS 19
• Vines, Prue --- "Drafting Wills for Indigenous People: Pitfalls and Considerations" [2007] UNSWLRS 18
• Buckley, Ross P. --- "A Force for Globalisation: Emerging Markets Debt Trading from 1994 to 1999" [2007] UNSWLRS 17
• Greenleaf, Graham; Chung, Philip; Mowbray, Andrew --- "Emerging Global Networks for Free Access to Law: WorldLII's Strategies" [2007] UNSWLRS 16
• Nolan, Justine --- "Corporate Accountability and Triple Bottom Line Reporting: Determining the Material Issues for Disclosure" [2007] UNSWLRS 15
• Buckley, Ross P. --- "The Institutional Weaknesses in the International Financial System" [2007] UNSWLRS 14
• Vines, Prue --- "The Sacred and the Profane: The Role of Property Concepts in Disputes About Post-Mortem Examination" [2007] UNSWLRS 13
• Evans, Chris --- "Barriers to Avoidance: Recent Legislative and Judicial Developments in Common Law Jurisdictions" [2007] UNSWLRS 12
• Greenleaf, Graham --- "'Access all areas': Function creep guaranteed in Australia's ID Card Bill (No. 1)" [2007] UNSWLRS 11
• Rayfuse, Rosemary --- "Regional Allocation Issues or Zen and the Art of Pie Cutting" [2007] UNSWLRS 10
• Evans, Chris --- "Unravelling the Mysteries of the Oracle: The Voice of the Experts" [2007] UNSWLRS 9
• Staples, Joan --- "NGOs out in the Cold: Howard government policy towards NGOs" [2007] UNSWLRS 8
• Fitzsimmons, Dominic; Kozlina, Simon; Vines, Prue --- "Optimising the First Year Experience in Law: The Law Peer Tutor Program at the University of New South Wales" [2007] UNSWLRS 7
• Byrnes, Andrew --- "Law, Lawyers and Lattes: The (Ir)relevance of the Chattering Classes in a Time of Insecurity" [2007] UNSWLRS 6
• Greenleaf, Graham --- "Asia-Pacific developments in information privacy law and its interpretation" [2007] UNSWLRS 5
• Krygier, Martin --- "The Rule of Law: An Abuser's Guide" [2007] UNSWLRS 4
• de Villiers, Meiring --- "Distributed Denial of Service: Law, Technology & Policy" [2007] UNSWLRS 3
• Corker, John --- "Funding Litigation: The Challenge" [2007] UNSWLRS 2
• Greenleaf, Graham --- "Australia's proposed ID Card: Still quacking like a duck" [2007] UNSWLRS 1