Australian Law Journal update: Vol 95 Pt 5
The latest Part of the Australian Law Journal contains the following articles: “Estoppel And Enforcement Of International Arbitration Awards” – Richard Garnett; “Defamation: Serious Harm And Contextual Truth” – James O’Hara; and “Towards A Coherent Sentencing Jurisprudence For Animal Cruelty Offences” – Gabrielle Wolf, Mirko Bagaric and Jane Kotzmann. This Part also includes the following sections: Current Issues: “The Rule of Law”; “Coercive Control”; and “The Curated Page”; Around the Nation: Tasmania: “Hobart’s Supreme Court Buildings”; Family Law: “Section 114AB: Semantics and Chaos”; Human Rights: “Major UN Review of Australia’s Human Rights Record”; New Zealand: “End of Life Choice: Coming to New Zealand by the Road Less Travelled”; and Recent Cases: “Trade and Commerce – Misleading and Deceptive Conduct – Unconscionable Conduct – Procuring Breach of Fiduciary Duty – Equity – Fiduciaries – Duty – Breach – Contract – Breach of Contract – Joint Venture – Termination”.
Criminal Law Journal update: Vol 45 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “Voluntary Assisted Dying and the Merits of Offence-specific Prosecutorial Guidelines in Australia” – Kerstin Braun; “Sexual Offending and the Meaning of Consent in the Queensland Criminal Code” – James Duffy; “Sentencing Developments in the United States in 2020: The Pandemic, Black Lives Matter and Further Erosion of Mass Incarceration” – Mirko Bagaric and Peter Isham; and “‘Whether the Victim Wishes the Offender to Be Released or Not Is Unimportant’: Australia and New Zealand Parole Board members’ Views of the Role of Victims of Crime” – Katherine J McLachlan. Also in this Part is an Editorial: “Reform of ‘Consent’ Law” – Stephen J Odgers; and Phillips’ Brief: “The Curious Case of a Lost Emergency: Section 119 in 1919” – Mark Finnane.
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”.
Criminal Law Journal update: Vol 44 Pt 5
The latest Part of the Criminal Law Journal includes the following articles: “Eye Movement Desensitisation and Reprocessing and Memory: A Dilemma for the Criminal Justice System” – Greg Walsh OAM; and “Bail in Extradition Proceedings” – Matthew Groves. Also in this Part are the following sections: Editorial: “Can the Pandemic Induced Fall in Prison Numbers Lead to Durable Principled Sentencing Reform?”; Case and Comment: “R v Sunderland [2020] QCA 156” – Deborah Kim; Sentencing Review: “Sentencing Review 2019–2020”; and Digest of Criminal Law Cases.
Journal of Judicial Administration update: Vol 30 Pt 1
The latest Part of the Journal of Judicial Administration includes the following articles: “Is Australia Ready for AI on the Bench?” – Ilana Bolingford, Mirko Bagaric, Melissa Bull, Dan Hunter and Nigel Stobbs; “The Rehabilitative Ideal and the Realism of Drug Court Success” – Amanda Clarke; and “Allowing for Participants in Royal Commissions: A Scoping Review” – Dave McDonald, Jenae Carpenter and Natalia Hanley.
Journal of Law and Medicine update: Vol 27 Pt 4
This COVID-19 special issue of the Journal of Law and Medicine includes the following articles: “Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)” – Danuta Mendelson, Michael Keane, Mirko Bagaric and Cameron Graydon; “Compassion, Law and COVID-19” – Nigel Stobbs, Belinda Bennett and Ian Freckelton QC; “Violation Liability in the Context of the Spread of COVID-19: Russian Experience” – Svetlana I Pospelova, Yulia V Pavlova, Natalia A Kamenskaya and Sergey V Pospelov; “International Access to Public Health Data: An Important Brazilian Legal Precedent” – Ian Freckelton QC and Vera Lúcia Raposo; “Access to Health and Medical Research: Lessons from the COVID-19 Pandemic” – Faith O Aboyeji; “Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions?” – Donna Cooper and Philippa Trowse; “Regulation of the Abortion Drug RU 486: The Collision of Politics, Ethics and Morals in Australia” – Nicola Bodor; “Vox populi, vox Dei? Previewing New Zealand’s Public Decision on Assisted Dying” – Jessica Young and Andrew Geddis; “Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives” – Jodhi Rutherford; “Legal Liability Arising from the Use of “Agent Orange” in the Kimberley: Registration of 2,4,5-T and 2,4-D in Australia” – Amne Alrifai; “Support Systems for Medical Decision-Making: Considerations for Japan” – Yoshihiko Iijima; “Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration” – Martin Allcock; “Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol” – Casey Marnie, Micah DJ Peters, Deborah Forsythe, Kate Kennedy, Greg Sharplin, Marion Eckert, Mary Chiarella and Rachael Vernon; “Infanticide and Infanticide Statutes in Australia and New Zealand” – Russ Scott; and “Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture?” – Tony Brown.
Also in this Part are the following sections: Editorial: “Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research” – Ian Freckelton QC; Legal Issues: “COVID-19: Criminal Law, Public Assemblies and Human Rights Litigation” – Ian Freckelton QC; Medical Issues: “COVID-19 and Forensic Medical Practice” – David Ranson; Nursing and Midwifery Issues: “How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women’s Reproductive Rights” – Hannah G Dahlen, Bashi Kumar-Hazard and Mary Chiarella; Genomic Law Issues: “Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic” – Dianne Nicol, Don Chalmers, Christine Critchley, Lisa Eckstein, Jane Nielsen and Margaret Otlowski; Health Law Reporter: “Suicide-related Materials and Voluntary Assisted Dying” – Cameron Stewart, Ian Kerridge, Camille La Brooy and Paul Komesaroff; Family and Children’s Health Law Issues: “COVID-19 and Family Law Decision-Making” – Ian Freckelton QC; Obituary: Colin Tatz (1934–2019); Richard Tracey (1948–2019); and Book Review: “The Sealed Box of Suicide: The Contexts of Self-Death”.
Criminal Law Journal update: Vol 44 Pt 1
The latest Part of the Criminal Law Journal includes the following articles: “The High Court on Crime in 2019: Analysis and Jurisprudence” – Stephen Odgers; “More Scope for Murder: Reckless Indifference in Queensland’s Criminal Code” – Joseph Lelliott, Andreas Schloenhardt, Lauren Causer and Madeleine Skeen; “Respects of Character” – Greg Taylor; “The Futility of a “Hug” from the Commonwealth: Property Restraining Orders and the Fight for Victim Compensation under the Commonwealth Proceeds of Crime Legislation” – Natalie Skead, Sarah Murray and Tamara Tulich; and “Sentencing Developments in the United States in 2019: Shifting from the “Tough on Crime” Mantra to (Seriously) Contemplating the Abolition of Prisons” – Mirko Bagaric, Gabrielle Wolf and Daniel McCord. Also in this Part is an Editorial: “Incarceration Trends over the Past Decade: The Need for More Effective Risk and Needs Assessments and Rehabilitative Measures”; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 3
The latest Part of the Criminal Law Journal includes the following articles: “Mistakes That Negate Apparent Consent” – Andrew Dyer; “Putting Jurors First: Legislative Simplification of Jury Directions” – Greg Byrne and Chris Maxwell; and “Appeals against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v Western Australia” – David Hamer. Also in this Part is an Editorial on Indigenous incarceration and pragmatic solutions; Legislation Comment: “Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good” – Elyse Methven; and a Digest of Criminal Law Cases.
Criminal Law Journal update: Vol 43 Pt 2
The latest Part of the Criminal Law Journal includes the following articles: “Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to Be Changed (Except in One Minor Respect)” – Andrew Dyer; “Compulsorily Obtained Material and Interference with Criminal Processes” – Simon Frauenfelder; and “United States Sentencing Developments: The World’s Largest Mass Incarcerator Goes into Decarceration Mode” – Mirko Bagaric, Gabrielle Wolf and Daniel McCord. Also in this Part is an Editorial on the first sentence imposed under Victoria’s “One Punch” homicide laws; Case and Comment: “Public Interest Immunity: Procedural Alternatives to the ‘Binary’ Outcome” – Rachel Deane; and a Digest of Criminal Law Cases.
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Criminal Law Journal update: Vol 45 Pt 4
The latest Part of the Criminal Law Journal includes the following articles: “Legal Aid Commission of New South Wales: Aiding the Individual, the Nation and the Institutions” – The Hon Justice Michelle Gordon AC; “Criminalising ‘Wage Theft’ in Australia: Property, Stealing, and Other Concepts” – Joachim Dietrich and Matthew Raj; and “Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions” – David Hamer.
Also in this Part is an Editorial: “The Questionable Legitimacy of the Criminal Law as the Front Line of Defence against COVID-19: Long-term Implications”; Comment: “Overcoming Password Protection and Encryption of Smart Phones and Computers to Facilitate the Execution of Commonwealth Search Warrants – s 3LA of the Crimes Act 1914 (Cth)” – Michael Legg and Stephanie Crosbie; and Digest of Criminal Law Cases.