Australian Law Journal update: Vol 95 Pt 9
The latest Part of the Australian Law Journal contains the following articles: “Public Perspectives on Judges’ Reasons for Sentence” – Kate Warner, Caroline Spiranovic, Lorana Bartels, Karen Gelb and Lynne Roberts; “Waiver of Penalty Privilege in Civil Penalty Proceedings” – Michael Pearce SC; and “Cy-près Remedies in Class Actions – Quo Vadis?” – Georgina Dimopoulos and Vince Morabito.
This Part also includes the following sections: Current Issues: “Is Australian Federation Fit for Purpose in a Pandemic?”; “Sexual Harassment”; “A Notable Australian”; “Contribution to American Law Reform”; “Big Tech: A New Gilded Age?”; “Regulation of ‘Big Tech’: News Media and Digital Platforms Mandatory Bargaining Code”; and “The Curated Page”; Conveyancing and Property: “Indefeasibility, Common Building Schemes and the Torrens System: Deguisa v Lynn”; Around the Nation: Western Australia: “Western Australia v Edwards (No 7) [2020] WASC 339 A Judge Alone Trial Like No Other”; Personalia: “Commonwealth – Justice Simon Steward, Justice Jacqueline Gleeson”; “Northern Territory – Justice Sonia Brownhill”; “Queensland – Queen’s Counsel Appointments”; “South Australia – Senior Counsel Appointments”; “Victoria – Justice James Gorton, Justice Michael Osborne”; and “Western Australia – Senior Counsel Appointments”; Book Reviews: “The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Dynamics in Australia”, by Gabrielle Appleby and Andrew Lynch (eds); and “A Brilliant Boy – Doc Evatt and the Great Australian Dissent”, by Gideon Haigh; and Obituary: Soli Sorabjee AM (1930–2021).
Journal of Judicial Administration update: Vol 30 Pt 4
The latest Part of the Journal of Judicial Administration includes the following articles: “Aggravating and Mitigating Factors in Sexual and Non-sexual Violent Cases” – Kate Warner, Lorana Bartels, Julia Davis, Lynne Roberts, Caroline Spiranovic and Karen Gelb; and “Expanding ADR in Our Courts: Mediation and the Judiciary” – Alexander Xynas.
Criminal Law Journal update: Vol 45 Pt 1
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2020: Outcomes and Jurisprudence” – Mirko Bagaric; “Suppression Orders in Criminal Trials: Still Necessary in the Digital Era” – Marco Lopresti and Andrew Burke; “A Case against Joint Criminal Enterprise: The Problem of Defences” – Thomas Poberezny-Lynch; “Pocketing the Proceeds of Crime: A Case for Reform of Criminal Property Confiscation Legislation in New South Wales, Queensland and Western Australia” – Natalie Skead, Hilde Tubex, Sarah Murray and Tamara Tulich; and “Comparing Legal and Lay Assessments of Relevant Sentencing Factors for Sex Offences in Australia” – Kate Warner, Lorana Bartels, Karen Gelb, Julia Davis and Caroline Spiranovic. Also in this Part is an Editorial: “The Reality of Recidivism; the Illusion of Rehabilitation”.
Journal of Law and Medicine update: Vol 28 Pt 1
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 and the Right to Support in New Zealand Hospitals” – Sarah Gwynn; “COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection” – Ian Freckelton QC; “Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination” – Megan Prictor, Mark Taylor, Jane Kaye, Jon Emery, Craig Nelson and Jo-Anne Manski-Nankervis; “Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges” – Allan Ardill and Brett Jenkins; “Fifteen Years On: What Patterns Continue to Emerge from New Zealand’s Health Practitioners Disciplinary Tribunal?” – Lois J Surgenor, Kate Diesfeld, Kate Kersey, Olivia Kelly and Marta Rychert; “Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia’s Laws” – Jade Luci Andrews; “Transgender and Intersex Athletes in Single-sex Sports” – Laura Johnston; “The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia” – Gillian Jean, Estie Kruger, Vanessa Lok and Marc Tennant; “(Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos” – Andrew Ng and Karinne Ludlow; “In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia” – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; “A Little Less Discrimination, a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness” – Seb Recordon; “Adolescent Drivers – Are We Doing Enough?” – Roy G Beran; and “Don Chalmers: His Contributions to Legal Research and Education, Health Law, and Research Ethics, Locally and Globally” – Dianne Nicol, Yann Joly, Jane Kaye, Bartha Knoppers, Eric M Meslin, Jane Nielsen, Margaret Otlowski and Kate Warner.
Also in this Part are the following sections: Editorial: “The Rights to Life, Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence” – Ian Freckelton QC; Legal Issues: “Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation” – Editor: Gabrielle Wolf; Medical Issues: “Personality Disorder and Moral Culpability: Brown v The Queen” – Danny Sullivan and Adam Deacon; Technology Health Law Issues: “Consumer Law, Technology and Health Care: A Shift in Focus, a Panacea or a Confounder?” – Joel Grieger, Mark Giancaspro and Bernadette Richards; Mental Health Law Issues: “Gender, Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services” – Yvette Maker; Health Law Reporter: “Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation” – Cameron Stewart, Ian Kerridge, Lisa O’Reilly, Linda Sheahan, George Tomossy and George Skowronski; Health Research Law and Ethics: “Clinical Research without Consent: Challenges for COVID-19 Research” – Editor: Ian Freckelton QC; Letter to the Editor; Letter to the Editor (and Response); and Book Review: “Memoir of an Accidental Ethicist”, by KJ Breen.
Australian Law Journal update: Vol 92 Pt 5
The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.
Criminal Law Journal update: Vol 42 Pt 1
The latest Part of the Criminal Law Journal includes the following articles: “Proposed Changes to the Tendency Rule: A Note of Caution” – Jill Hunter and Richard I Kemp; and “Can Sentencing Be Enhanced by the Use of Artificial Intelligence?” – Dr Nigel Stobbs, Dan Hunter and Mirko Bagaric. Also in this Part is an Editorial on “Abolishing the Crime that is the Incarceration of White-Collar Offenders” by Professor Mirko Bagaric; Contemporary Comment: “The Prisoner’s Dilemma” – Michael Heath; Case and Comment: “Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67: Test for Dishonesty in the United Kingdom Brought into Line with Australian Common Law” – David Lusty, “Gant v The Queen [2017] VSCA 104, Gant v The Queen [2016] VSCA 340, McBride v Christie’s Australia Pty Ltd [2014] NSWSC 1729: Criminal Law and Art Fraud” – Dr Chris Davies; Phillips’ Brief: “The Third Degree” – Mark Finnane; and a Digest of Criminal Law Cases.
Criminal Law Journal update: December 2014
The last Part of the Criminal Law Journal for 2014 includes an editorial on drug law reform, an article by David Lusty which presents a comprehensive analysis of the common law offence of misconduct in public office, drawing upon historical precedents and contemporary case law from around the world, a sentencing review for 2013-2014 by Kate Warner, a Digest of Criminal Law Cases, a comment on the animal cruelty case of New Zealand Police v Heka and a Phillips’ Brief section.
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Criminal Law Journal update: Vol 41 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “The Purposes of Punishment: How Do Judges Apply a Legislative Statement of Sentencing Purposes?” – Kate Warner, Julia Davis and Helen Cockburn; “What Australian Jurors Know and Do Not Know about Evidence of Child Sexual Abuse” – Jane Goodman-Delahunty, Natalie Martschuk and Annie Cossins; and “Recent Developments in New Zealand Criminal Law” – Warren Brookbanks. Also in this Part is an Editorial on resisting the temptation to impose harsher sanctions against young offenders; Case and Comment: “Cini v Commissioner of the Australian Federal Police [2016] VSCA 227: Nothing Soft about Australian Proceeds of Crime Jurisprudence” – Samuel J Hickey; and a Digest of Criminal Law Cases.