The Hon Michael Kirby AC CMG
The latest Part of the Criminal Law Journal includes the following articles: “A Case for Systemic Design in Criminal Law Techno-Regulation” – Brendan Walker-Munro; “Vulnerable Witnesses and Victoria’s Intermediary Pilot Program” – Natalia Antolak-Saper and Hannah MacPherson; and “The New Northern Territory ICAC: Better Corruption Offences, but Prevented by a Lack of Prevention” – Neil Samuel Hope, Dane Bryce Weber and Maija-Ilona Wilhelmiina Pekkanen. Also in this Part is an Editorial on a new right of appeal as a response to wrongful convictions; Sentencing Review 2018-2019; and a Digest of Criminal Law Cases.
We have received the following letter from The Hon Michael Kirby AC CMG in response to the September issue of the Australian Law Journal.
This Part of the Environmental and Planning Law Journal includes the following articles: “Environmental and Planning Law in the Age of Human Rights and Climate Change” – The Hon Michael Kirby AC CMG; “Restorative Justice Intervention in an Aboriginal Cultural Heritage Protection Context: Chief Executive, Office of Environment and Heritage v Clarence Valley Council” – Mark Hamilton; “Critical Human Water Needs: Failing to Comply with the Objects of the Water Act and Human Rights Obligations” – Caitlin McConnel; “Corporate Disclosure on Climate Change: Evaluating the Australian Domestic Legal Framework’s Ability to Oversee and Enforce Disclosures Made by Corporate Entities Participating in Voluntary International Disclosure Regimes” – Maria Nicolae; “Can the Market Decide? A Law and Economics Analysis of Models of Legislation Banning Plastic Bags” – Dai Moore and Murray Raff; “Waste to Energy or Waste of Energy: Social and Regulatory Barriers for Waste-to- Energy in Australia” – Monique Vella; and “Hydraulic Fracturing (Fracking) in Australia” – Leslie Yong.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Interstate and Overseas Deaths: Jurisdictional and Decision-Making Challenges for Coroners” – Ian Freckelton QC; Letter to the Editor; Legal Issues: “‘Hospitals and Clinicians Need Not Apply:’ Withdrawing Clinically Assisted Nutrition and Hydration in Undisputed Cases” – Joanna Manning; Medical Issues: “Eve’s Curse: Intolerable Unrelieved Pain in Labour – Necessary Evil or Medical Negligence?” – Mike O’Connor; Bioethical Issues: “Should an Advance Care Directive Refusing Life-Sustaining Treatment Be Respected after an Attempted Suicide? Development of an Algorithm to Aid Health Care Workers” – Steve John Philpot; and Medical Law Reporter: “Citizens’ Juries, Liquid Democracy and Legislative Reform of Australian Compulsory Insurance Schemes for Injury Compensation after Motor Vehicle Accidents” – Felix Blumer, Talia Gedik and Thomas Faunce. Also in this Part are the following articles: “HIV and HCV Epidemics: Lessons for Lawyers and Policymakers” – The Hon Michael Kirby AC CMG; “Therapeutic Privilege Is No Defence” – Scott Davison; “A Comparative View of Australian Education in Law and Medicine” – Marcus Smith and Rachael Heath Jeffery; “Protecting the Continued Development of Collaborative Expert Witness Evidence in Australia: Surely We Should?” – Christopher D Mills; “Criminalising Health Care? The Use of Offences in the Mental Health Act 2015 (ACT)” – Sam Pang; “Authorising the Release of Data without Consent for Health Research: The Role of Data Custodians and HRECs in Australia” – Felicity Flack, Carolyn Adams and Judy Allen; “Sugar Consumption Tax: A Good Idea or Not?” – Jane Truscott; “Embryo Donation in New Zealand: Considerations of the Health and Wellbeing of Children” – Louise Wilsdon; and “A New Law of Advance Directives in Italy: A Critical Legal Analysis” – Denard Veshi, Enkelejda Koka and Carlo Venditti. There is also a review of the book “The Hanged Man and the Body Thief” by Alexandra Roginski – reviewed by Ian Freckelton QC.
The latest Part of the Criminal Law Journal includes the following articles: “The Judge as Cartographer and Guide: The Role of Fact-based Directions in Improving Juror Comprehension” – Jonathan Clough, Ben Spivak, James R P Ogloff, Yvette Tinsley and Warren Young; “Why ‘Ad Hoc Experts’ Should Not Provide Transcripts of Indistinct Forensic Audio, and a Proposal for a Better Approach” – Peter French and Helen Fraser; “Digital Access to Justice from Prison: Is There a Right to Technology?” – Dr Carolyn McKay; and “Corporate Crime and Regulatory Discretion: Rethinking the Use of Criminal, Civil and Administrative Penalties” – Brendon O’Neill. Also in this Part is an Editorial on the causes of the “revolving door” phenomenon in Australia’s custodial institutions; Obituary: The Hon Sir Laurence Street AC KCMG QC; and a Digest of Criminal Law Cases.
The Future of Australian Legal Education conference was successfully co-hosted by The Australian Law Journal and the Australian Academy of Law, on 11-13 August at the Federal Court of Australia, Sydney. Professor Martha C. Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School, presented the keynote speech to open a weekend of lively discussion and debate on themes influencing the future of lawyers and law schools in Australia, including: “What every lawyer should know”; “Digital technology and its impact on teaching, learning and legal practice”; “New skills and essential knowledge for lawyers”; and “Making connections: law interacting across disciplines and international borders”.
The Australian Law Journal (ALJ) first rolled off the presses 90 years ago in May 1927. To mark this milestone, Thomson Reuters hosted a special 90th Anniversary celebration in the Banco Court of NSW, joined by luminaries such as Hon Sir Gerard Brennan AC KBE GBS, the Hon Michael Kirby AC CMG and former ALJ General Editor the Hon Peter Young AO, with a timely ALJ 90th special edition focusing on the theme of Indigenous Australians and the Law, curated by Guest Editor Professor Megan Davis, UNSW’s first Pro Vice-Chancellor Indigenous.
The latest Part of the Criminal Law Journal includes the following articles: “How does the Australian public view parole? Results from a national survey on public attitudes towards parole and re-entry” – Robin Fitzgerald, Lorana Bartels, Arie Freiberg, Adrian Cherney and Shannon Buglar; and “Sentencing review 2015–2016” – Lorana Bartels. Also in this Part is an Editorial on “Greyhounds, sharks and prisoners, a contrast in the emergence of informed public policy”; and a Digest of Criminal Law Cases.
The latest Part of the Criminal Law Journal includes the following articles: “Please mind the gap: An assessment of fatal “one punch” provisions in Australia” – Dr Andrew Hemming; and “A comparative study on the offence of “maintaining a sexual relationship with a child” in the Northern Territory and Queensland” – Alannah Brown. Also in this Part is an editorial about the capital punishment debate; a Phillips’ Brief section about criminal responsibility of a “failed cadet soldier”; a book review of “Crime and Justice in America 1975–2025” edited by Michael Tonry; a digest of criminal law cases; and an obituary for Fiori Rinaldi AM.