The latest Part of the Property Law Review includes the following content: “Migratory Boundaries of Coastal Properties in Cases of Artificially Caused Erosion” – Brent Michael; “Better Protecting Native Title and Indigenous Land Use Agreements in Queensland: A New Class of Easement?” – Tim Wishart and Margaret Stephenson; “Up in the Air(bnb): Can Short-term Rentals Be Tamed?” – Laura Schatz and Rebecca Leshinsky; Essay: “Baseball, Friendship, Law and Property” – Paul Babie; Consumer Issues: “A Law of Neighbours: Views, Sunlight, and Intervention” – Lynden Griggs; Singapore and Hong Kong: “Recent Developments: Presumed Resulting Trusts, Vitiating Factors for Trusts, Interrupting Adverse Possession, and Abandonment of Leasehold Covenants” – Kelvin Low and Alvin See; United States: “Joint Tenancy – Severance – Unilateral Severance without Notice to Other Joint Tenant” – John Orth; South Australia: “The Annual Rent Threshold Triggering the Application of the Retail and Commercial Leases Act 1995 (SA)” – Paul Babie; and Victoria: “Part Performance: When It Is the Context that Counts” – Vanessa Johnston. This issue also includes the following section: Editorial; General Editor and South Australia Editor – Paul Babie.
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Australia’s Protected Cartel Information Scheme: Has the Right Balance Been Struck?” – Holly Yang Cao; and “The ACCC, the Internet and Extraterritorial Injunctions” – Adrian Coorey; and the following sections: Access to Services; Administration and National Competition Policy; Case Note; What If…; Consumer Concerns; Report from Asia; Report from North America; and Worth Repeating.
This Part of the Environmental and Planning Law Journal includes the following articles: “A new fast lane or just a roadblock? Mitigating road transport GHG emissions under Australia’s Emissions Reduction Fund” – Prafula Pearce and Vanessa Johnston; “Co-opting the precautionary principle: The Victoria Planning Provisions’ ‘one kilometre consent requirement’ for wind energy facilities” – Chiara Bryan; “Holding fracking operations to account for environmental contamination in risk-based regulatory regimes: Insights from the United States” – Tania Murray, Dr Edward Andre and Krishna Prasad; “The drafting and content of threatened species recovery plans: Contributing to their effectiveness” – Bruce Lindsay and James Trezise; “Proactive restorative justice: A set of principles for enhancing public participation” – Clara Wilson. This Part also includes Commentary: “Determining the adequacy of Aboriginal cultural heritage assessments: Amber lights and red lights” – Ballanda Sack, Andrew Beatty and Karina O’Callaghan.
The latest Part of the Australian Law Journal includes the following articles: “Lord Denning: His Judicial Philosophy” – Justice James Douglas; and “Australia is Different: Restitution and the Australian Constitution” – Brian Mason. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Personalia; Equity and Trusts; Admiralty and Maritime; Competition and Consumer Law; and Recent Cases.
THE CAPITAL PUNISHMENT DEBATE FOLLOWING THE DEATHS OF ANDREW CHAN AND MYURAN SUKUMARAN SHOULD SHIFT TO THE UNITED STATES by Mirko Bagaric, Dean of Law School, Deakin University The executions of Andrew Chan and Myuran Sukumaran for drug trafficking by the Indonesian authorities was cruel and futile. The Australian government and much of the community is rightly ...more
The latest Part of the Australian Tax Review includes four interesting articles on various aspects of taxation law in Australia. The first article, by GT Pagone, considers the development of the “sham” doctrine in Australian law and the elements that constitute a sham trust are explored. The second article comes from H David Rosenbloom and considers the debt ceiling debate and proposes specific steps toward an improved international tax system for the United States. In the third article Celeste M Black considers the taxation implications of Australia’s carbon pricing mechanism. The final article offers a quantitative analysis of tax decisions from 2001 to 2010 by Jeremy Hirschhorn and Alison Chen. A fascinating Part, to be sure.
Book review of Charlatan by Pope Brock 2008, Three Rivers Press, New York. Pages 1-325, incl index (pb) reviewed by Dr Ian Freckelton SC Brock’s biography of “Dr” John Brinkley is not the first account of arguably the most remarkable quack that the United States has produced but it is both absorbing and confronting. It ...more
BOOK REVIEW: ZEITOUN Zeitoun, by Dave Eggers, Vintage Books,United States, 2010, 368 pages: ISBN 0307387941. Softcover $24.95. Reviewed by Professor Ross Buckley (Faculty of Law, University of New South Wales) This is a beautifully written story of a man who stayed on in New Orleans after Hurricane Katrina. He stayed, in the first instance, to ...more
The September issue of the Journal of Law and Medicine contains several interesting articles on a variety of topics within medical law. It includes articles on fetal alcohol spectrum disorder and a mother’s duty of care, regulation of nanomedical products in New Zealand, the regulation of pharmacy ownership in Australia and the ethical concerns related to young children being regenerative tissue donors. The Part also includes the regular sections, including Legal issues, Bioethical issues and Book reviews, plus much more.
A comparative approach to Indigenous legal rights to freshwater: Key lessons for Australia from the United States, Canada and New Zealand
By Melanie Durette. This article compares Indigenous legal rights to water across four countries: the United States, Canada, New Zealand and Australia and identifies gaps in how the legal system in Australia accounts for the range of interests that Indigenous people have in water – from customary through to commercial.