The latest Part of the Australian Intellectual Property Journal includes the following content: “Enhanced Enforcement of IP Rights in Transnational Cases in Australia” – Richard Garnett; “The Protection of Origin Marks in China and Japan” – William van Caenegem, Jen Cleary and Lucie Treguier; “China’s Copyright Public Domain: A Comparison with Australia” – Yahong Li and Graham Greenleaf.
Posted in Australian Intellectual Property Journal (AIPJ), Journals, Update Summaries | Tagged AIPJ, China, copyright public domain, cross-border IP disputes, David Lindsay, definition of public domain, Editorial, foreign IP rights, foreign judgments, geographical indications, Graham Greenleaf, Japan, Jen Cleary, Lucie Treguier, origin marks, Richard Garnett, transnational IP cases, William van Caenegem, Yahong Li |
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medically assisted suicide: Recent jurisprudence and the challenges for law reform” – Ian Freckelton QC; Legal Issues: “Mental health legislation (civil) in Australia and China: A comparative perspective” – Danuta Mendelson and Nuannuan Lin; Medical Issues: “Family violence and clinical forensic medicine – The forgotten service?” – David Ranson, Angela Williams, Barbara Thorne and Jennifer Ryan; Bioethical Issues: “Justice, restoration and redress: Error, no-fault and tort-based systems” – Georgina Richardson and Grant Gillett; Nursing Issues: “Nurse-to-patient and midwife-to-patient ratios” – Kim Forrester; and Medical Law Reporter: “NuCoal Resources Ltd v New South Wales: The mining industry and potential health impacts of investor-state dispute settlement in Australia” – Thomas Faunce and Shaneel Parikh. Also in this Part are the following articles: “Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” – Ian Freckelton QC and Simon McGregor; “How should Australia respond to media-publicised developments on euthanasia in Belgium?” – Neera Bhatia, Ben White and Luc Deliens; “Aid in dying in New Zealand: Recent legal developments” – Andrew Geddis and Colin Gavaghan; “End-of-life decision-making in a health services setting: An access to justice lens” – Katherine Curnow; “Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions” – Nola M Ries; “Does Australia need compulsory immunisation?’ – Wendy Jane Nixson; “Discharge against medical advice” – Audrey Laur; “The role of photographic and video documentation in the investigation and prosecution of child sexual assault” – Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson; “Consent to innovative treatment: No need for a new legal test” – Bernadette Richards and Katrina Hutchison; and “Rethinking the “harmonisation” of international trade and public health” – Ania Lang. There is also a review of the book “Do No Harm: Stories of Life, Death and Brain Surgery” by Henry Marsh – reviewed by Ian Freckelton QC.
Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged advance care planning (ACP), aid in dying, Amanda Jayakody, Andrew Geddis, Ania Lang, Annie Cossins, assisted suicide, Audrey Laur, Australia-United States Free Trade Agreement, Barbara Thorne, Belgium, Ben White, Bernadette Richards, Bioethical issues, book review, child sexual assault, China, Christine Norrie, Climate Council and Climate and Health Alliance, Colin Gavaghan, colposcopy, compulsory immunisation, consent to innovative treatment, Danuta Mendelson, David Ranson, discharge against medical advice (DAMA), Editorial, euthanasia, family violence Angela Williams, Framework Tobacco Convention on Tobacco Control, Georgina Richardson, Grant Gillett, Henry Marsh, Ian Freckelton QC, investor-state dispute settlement, Jennifer Ryan, JLM, Katherine Curnow, Katrina Hutchison, Kim Forrester, Legal and Social Issues Committee (Vic), Legal issues, Luc Deliens, medical issues, Medical law reporter, mental health care access, mental health legislation, midwife, mining industry, minors, National Immunisation Program, Neera Bhatia, New Zealand, No Jab No Play, no-fault systems, Nola M Ries, Nuannuan Lin, NuCoal Resources Ltd v New South Wales, Nursing issues, parens patriae jurisdiction, patient ratios, Patrick Parkinson, photographic and video documentation, redress, restoration, right to refuse treatment, Seales v Attorney-General, Shaneel Parikh, Simon McGregor, Thomas Faunce, tort-based systems, Trans-Pacific Partnership Agreement (TPP), Wendy Jane Nixson |
The first Part of Vol 25 of JBFLP includes the following articles: “No-action clause in bond trust” – Benjamin Liu; “Over-the-counter derivatives regulation in China: How far across the river?” – Mark Hsiao; and “Road map for financial inclusion in India” – Aditi Patanjali. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; Recent Publications; Tokyo; New Zealand.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Aditi Patanjali, Banking Law and Banking Practice, Benjamin Liu, China, Code of Banking Practice 2013, derivatives regulation, disclaimed leases, fees, financial inclusion, financial products, India, Insolvency law and management, JBFLP, Mark Hsiao, New Zealand, no-action clause, penalties, Recent Publications, Steigrad v Bridgecorp, Tokyo, trust |
The latest Part of the Environmental and Planning Law Journal publishes the following articles: “Regulating for sustainable electricity market outcomes in Britain: Asking the law question” – Aileen McHarg; “The role of litigation in multilevel climate change governance: Possibilities for a lower carbon future?” – Hari M Osofsky and Jacqueline Peel; “Environmental dispute resolution – lessons from the States” – Judge Michael Rackemann; “Design elements of emissions trading regulation in China’s pilot programs: Regulatory challenges and prospects” – Hao Zhang; and “Trading carbon the kiwi way” – Karen Price and Jessie Duffın.
Posted in Environmental and Planning Law Journal (EPLJ), Update Summaries | Tagged Aileen McHarg, Britain, China, climate change, dispute resolution, emissions trading regulation, environmental courts and tribunals, EPLJ, governance, Hao zhang, Hari M Osofsky, Jacqueline Peel, Jessie Duffin, Judge Michael Rackemann, Karen Price, lower carbon, New Zealand, sustainable electricity, trading carbon |
The latest Part of ADRJ publishes the following: “Predictable irrationality in mediation: Insights from behavioural economics” – Laurence Boulle; “How a dose of humour may help mediators & disputants in conflict” – Clare Coburn, Becky Batagol & Kathy Douglas; “Proportionality of sanctions under the WADA Code: CAS jurisprudence & the need for a strict approach” – James Duffy; “Developing ethical practice as a family dispute resolution practitioner” – Oyiela Litaba; “A focus on process: Procedures to address disputes about end of life decisions” – Kate Curnow and Lisa Toohey; “The power of explanation in healthcare mediation” – Christian Behrenbruch & Grant Davies; and “The mediator who has to pay the disputants: Conflict management in China” – Ting Ting Li.
Posted in Australasian Dispute Resolution Journal (ADRJ), Update Summaries | Tagged ADRJ, Becky Batagol, behavioural economics, CAS, case notes, China, Christian Behrenbruch, Clare Coburn, conflict management, David Spencer, end of life, ethical practice, Family Dispute Resolution, Grant Davies, healthcare mediation, humour, James Duffy, Kate Curnow, Kathy Douglas, Laurence Boulle, Lisa Toohey, mediation, Oyiela Litaba, predictable irrationality, process, sanctions, Ting Ting Li, WADA Code |
The latest Part of the Company and Securities Law Journal includes three interesting articles. The first is by Emma Armson and examines the takeover policy considerations arising where a rights issue involves a high ratio of shares being issued compared to the number of existing shares. The second comes from James Paterson and outlines the parties to whom the AFL Ltd’s board of commissioners owe legal obligations under equitable, fiduciary and statutory directors’ duties, and considers those duties in light of the AFL Ltd’s objectives stated in its constituent documents. The final article is by Helen Wei Hu and On Kit Tam and aims to explore whether the recently developed independent director systems in China and India could be characterised as convergent or divergent.
Posted in Company and Securities Law Journal (C&SLJ), Update Summaries | Tagged AFL, C&SLJ, China, community interest, dilutive rights, directors' duties, Emma Armson, Helen Wei Hu, independent directors, India, James Paterson, not-for0profit organisations, On Kit Tam, takeover polic |
The latest Part of the Journal of Banking and Finance Law and Practice includes several interesting pieces. The first article comes from Alexandra Whelan and provides an assessment of the law regarding proprietary rescission. The second article is by He Wei Ping and provides an overview of the means available for foreign banks to enter the Chinese banking sector. The sections cover a diverse range of topics including class actions against banks for exception fees, requests for court assistance under the UNCITRAL Model Law and the new Canadian not-for-profit corporations statute, plus much more.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Update Summaries | Tagged Alan L Tyree, Alexandra M Whelan, Banking Law and Banking Practice, book review, Canada, China, class actions, foreign banks, Gerard Breen, He Wei Ping, Insolvency, Insolvency law and management, John Melluish, John Sheahan SC, Lindsay Powers, Maria Thiveos, Masahiro Ueno, Professor Benjamin Geva, Professor Stephanie Ben-Ishai, proprietary rescission, regulation, Sue Welsh, Tokyo, UNCITRAL Model Law, valid mandate |
The latest issue of the Tort Law Review includes articles on medical liability laws in China, the doctrine of loss of chance and its history in Australia and the United Kingdom, material contribution to risk in the Canadian law of causation and European approaches to causation and the central role which judicial policy plays in resolving both legal causation and intervening causation issues.
Posted in Tort Law Review, The (Tort L Rev), Update Summaries | Tagged Canadian tort law, causation, Chao Xi, China, civil proceedings, David Birch, Douglas Hodgson, Lixin Yang, loss of chance, Lynda M Collins, material contribution test, medical liability, medical negligence claims, Po Jen Yap, privacy, Richard Mullender, risk of injury, Tabet v Gett, Tort Liability Law |
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