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Journal articles on the topic 'Lawyers, australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Glasgow, David. "The Law of the Jungle: Advocating for Animals in Australia." Deakin Law Review 13, no. 1 (2008): 181. http://dx.doi.org/10.21153/dlr2008vol13no1art156.

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<p>A movement of activist ‘animal lawyers’ has recently arrived in Australia. This article contends that Australian lawyers have a significant role to play in advancing the animal protection cause. Part I discusses the philosophical foundation of the modern animal protection movement and describes the<br />important theoretical divide that splits it into animal ‘welfare’ and animal ‘rights’. Part II explains the Australian legal regime governing animal protection to show how the law acts as a site of exploitation. Part III explores the role of lawyers within the movement. It does t

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2

Bourke, John F., and Rosemary Lucadou-Wells. "Interpreters, translators and legal practitioners: a perspective of working together for refugee and asylum-seeking clients in Australia." redit - Revista Electrónica de Didáctica de la Traducción y la Interpretación, no. 2 (May 25, 2016): 1–10. http://dx.doi.org/10.24310/redit.2009.v0i2.1904.

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At this moment in the twenty-first century, displaced human beings are increasingly seeking refuge in safe-haven foreign countries. For lawyers assisting refugee clients, communication is a fundamental issue. Frequently the lawyer and refugee client do not share a common verbal language. Consequently, lawyers rely heavily upon the specific expertise of interpreters and translators to ascertain essential information from the client. Administrative decisions by government bodies and courts in Australia demonstrate that a team approach by lawyers, interpreters and translators is required for the

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Dehm, Sara. "Legal Exclusions: Émigré Lawyers, Admissions to Legal Practice and the Cultural Transformation of the Australian Legal Profession." Federal Law Review 49, no. 3 (2021): 327–51. http://dx.doi.org/10.1177/0067205x211016574.

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Legal histories of Australia have largely overlooked the exclusion of European émigré lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the drawn-out legal admission bids of two Jewish émigré lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests th

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Naffine, Ngaire, and Joy Wundersitz. "Lawyers in the Children's Court: An Australian Perspective." Crime & Delinquency 37, no. 3 (1991): 374–92. http://dx.doi.org/10.1177/0011128791037003005.

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Using South Australia as a case study, this article examines the role and the impact of the lawyer in the children's court. It suggests that the failure of English and American researchers to find a consistently significant role for the children's lawyer may be a function of the narrowness of their focus: on the formal court process rather than on the informal processes of justice that precede the court hearing. It concludes that in South Australia, lawyers are most influential when bargaining a plea on behalf of their clients. It is in this area of discretionary justice that the young defenda

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Kendall-Hall, Danielle. "Child consultation and the law in the Northern Territory of Australia." Children Australia 44, no. 02 (2019): 60–64. http://dx.doi.org/10.1017/cha.2019.11.

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AbstractConsultation with children is a delicate art, and consultation with vulnerable children, even more so. Experienced clinicians believe best practice in undertaking such work requires tertiary studies in social work or psychology combined with extensive supervised clinical experience. The current pathways to becoming a children’s lawyer in the Northern Territory do not involve mandatory training in child well-being, and yet lawyers are asked to consult with highly traumatised children and bring the voices of children into the courtroom. Lawyers for young children are additionally require

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Morabito, Vince. "Contingency Fee Agreements with Represented Persons in Class Actions—An Undesirable Australian Phenomenon." Common Law World Review 34, no. 3 (2005): 201–28. http://dx.doi.org/10.1350/clwr.2005.34.3.201.

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Part IVA of the Federal Court of Australia Act 1976 (Cth), which has been regulating class actions in the Federal Court of Australia since 1992, is silent with respect to the crucial issue of whether the lawyers hired by the class representatives may enter into contingency fee agreements with such representatives and/or the persons on whose behalf the class proceedings are instituted, the class members. This silence was attributable to the Australian Government's rejection of the Australian Law Reform Commission's recommendation that the legislative regime governing class actions should expres

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Vilchyk, Tetyana. "DUTIES OF A LAWYER TO A COURT AND TO A CLIENT." Russian Law Journal 6, no. 4 (2018): 62–99. http://dx.doi.org/10.17589/2309-8678-2018-6-4-62-99.

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The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance

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8

Bartlett, Francesca, and Linda Haller. "Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers." Federal Law Review 41, no. 2 (2013): 227–63. http://dx.doi.org/10.22145/flr.41.2.2.

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Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referred to as the ‘character test’ of personal morality. This test requires applicants for admission to disclose relevant information about themselves including past conduct and (in at least one state) mental health status. Very little information about the process of admission is available. Around the country, we do not know how the character test is currently administered, how many applicants reveal past

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9

LIBERMAN, J. "Australia: lawyers ponder tobacco firms' criminal liability." Tobacco Control 10, no. 3 (2001): 204a—204. http://dx.doi.org/10.1136/tc.10.3.204a.

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10

Xu, Han. "A survey study of lawyers' and interpreters' approaches to interactional management in interpreted lawyer-client interviews in Australia." Across Languages and Cultures 23, no. 2 (2022): 226–44. http://dx.doi.org/10.1556/084.2022.00190.

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AbstractCanvassing views through a questionnaire-based online survey of 25 lawyers and 85 interpreters working in Australia, the present study investigates the approaches to interactional management employed by both lawyers and interpreters in interpreter-facilitated legal aid interviews. Specifically, the study examines lawyers' and interpreters' efforts at coordination before and during interpreted interviews, as well as interpreters' success in complying with ethical principles, and lawyers' knowledge of how to work with interpreters. The findings show that lawyers had a good understanding

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11

James, Colin, Caroline Strevens, Rachael Field, and Clare Wilson. "Student Wellbeing Through Teacher Wellbeing: A Study with Law Teachers in the UK and Australia." Student Success 10, no. 3 (2019): 76–83. http://dx.doi.org/10.5204/ssj.v10i3.1338.

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Research confirms law students and lawyers in the US, Australia and more recently in the UK are prone to symptoms related to stress and anxiety disproportionately to other professions. In response, the legal profession and legal academy in Australia and the UK have created Wellness Networks to encourage and facilitate research and disseminate ideas and strategies that might help law students and lawyers to thrive. This project builds on that research through a series of surveys of law teachers in the UK and Australia on the presumption that law teachers are in a strong position to influence th

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12

Ko, Yong-Mi. "Law Education and Lawyers’ Training System in Australia." Chungnam Law Review 30, no. 2 (2019): 151–89. http://dx.doi.org/10.33982/clr.2019.05.30.2.151.

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13

Edwards, Caroline, Louise Anderson, and Siobhan McKeering. "Anthropologists, Lawyers and Native Title Cases in Australia." Anthropological Forum 16, no. 2 (2006): 153–71. http://dx.doi.org/10.1080/00664670600768375.

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Solakovski, Jackie. "LAW FIRMS & THE LIFE SCIENCES SECTOR IN AUSTRALIA." Asia-Pacific Biotech News 09, no. 16 (2005): 826–27. http://dx.doi.org/10.1142/s0219030305000108.

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This article is about the relationship of law firms and the life sciences sector in Australia. It discusses about an example of a law firm, Lander & Rogers Lawyers and the life sciences sector in Australia.

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15

Methven, Elyse. "The controversial case of Lawyer X: Should lawyers be prevented from acting as human sources?" Alternative Law Journal 44, no. 2 (2019): 93–99. http://dx.doi.org/10.1177/1037969x19846273.

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This article addresses whether there are sufficient constraints on legal professionals acting as police informants, following the controversial ‘Lawyer X’ case. It examines key observations of the High Court of Australia in AB v CD; EF v CD [2018] HCA 58 relating to lawyers’ and barristers’ duties to their clients and to the court. It argues that existing professional rules and common law duties are insufficient to prevent legal advocates from acting as human sources. The author also suggests implications arising from the decision for the application of public interest immunity to human source

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Dickson, Judith. "Clinical Legal Education in the 21st Century: Still Educating for Service?" International Journal of Clinical Legal Education 1 (July 18, 2014): 33. http://dx.doi.org/10.19164/ijcle.v1i0.129.

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<p>As a lawyer and clinical legal educator, I have direct experience of the ways in which clinical legal education programmes in Australia2 provide legal services to poor and disadvantaged people. In this context I recently began to wonder about the image of lawyers and of the legal profession, that other clinical educators and I portray in our work and about the values underlying clinical legal education.3 I began to think that despite a longstanding commitment to access to justice,4 clinical legal education in Australia might actually be acquiescing in a notion of professionalism that

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17

Campbell, Bill, and Stephanie Ierino. "James Crawford and the Australian Government." Australian Year Book of International Law Online 40, no. 1 (2022): 195–217. http://dx.doi.org/10.1163/26660229-04001009.

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Abstract This article by two international lawyers advising the Australian Government focuses on the cases before international courts and tribunals in which Professor Crawford appeared as counsel on behalf of the Australian Government including the Southern Bluefin Tuna Cases, the East Timor Case, the Whaling in the Antarctic Case and the Certain Documents and Data Case. The article also covers advice Professor Crawford provided to the Australian Government both in the course of those cases and on other matters such as compulsory pilotage in the Torres Strait. To paint the full picture, menti

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Douglas, Heather, and Tamara Walsh. "Continuing the Stolen Generations: Child Protection Interventions and Indigenous People." International Journal of Children’s Rights 21, no. 1 (2013): 59–87. http://dx.doi.org/10.1163/157181812x639288.

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Indigenous Australian children are significantly over-represented in out of home care. Figures evidencing this over-representation continue to increase at a startling rate. Similar experiences have been identified among native peoples in Canada, the United States and New Zealand. Drawing on interviews with lawyers who work with Indigenous parents in child protection matters in Queensland, Australia, this article examines how historical factors, discriminatory approaches and legal structures and processes contribute to the high rates of removal and, we argue, to the perpetuation of the stolen g

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19

Kirby, Michael. "Are We All Nominalists Now?" Deakin Law Review 9, no. 2 (2004): 524–32. http://dx.doi.org/10.21153/dlr2004vol9no2art254.

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Justice Michael Kirby, a judge of the High Court of Australia, sets out to explain the inescapably creative role involved in the work of the court in giving meaning to ambiguous constitutional and statutory words and common law concepts. Uninformed commentators might call judges performing such functions as "nominalists". But few, if any, Australian judges now adhere to constitutional interpretation according to notions of original intent. A "functional" approach is taken. This approach is illustrated by reference to recent cases on the word "alien" and the phrase "trial by jury" in the Austra

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Cotton, John. "Australia: Lawyers Should be Treated like Banks, Bookmakers and Bullion Dealers." Journal of Money Laundering Control 1, no. 3 (1998): 255–58. http://dx.doi.org/10.1108/eb027147.

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21

Hinds, Robert W., and E. Ruth Bradshaw. "GENDER BIAS IN LAWYERS' AFFIDAVITS TO THE FAMILY COURT OF AUSTRALIA." Family Court Review 43, no. 3 (2005): 445–53. http://dx.doi.org/10.1111/j.1744-1617.2005.00045.x.

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22

Haller, Linda. "Professional discipline for incompetent lawyers? Developments in the UK and Australia." International Journal of the Legal Profession 17, no. 1 (2010): 83–113. http://dx.doi.org/10.1080/09695951003633760.

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23

Tan, Nikolas Feith. "The Manus Island Regional Processing Centre: A Legal Taxonomy." European Journal of Migration and Law 20, no. 4 (2018): 427–51. http://dx.doi.org/10.1163/15718166-12340037.

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Abstract This article considers the controversial cooperative migration control approach of extraterritorial asylum through a case study of the Manus Island Regional Processing Centre (RPC), in operation between 2012 and 2017. Rather than operating in a ‘legal black hole’, the RPC was the site of legal contestation, as refugees and their lawyers turned to various legal fora in an attempt to hold Australia, Papua New Guinea and private contractors responsible for violations of human rights law. The recent closure of the RPC, as a result of litigation in the Papua New Guinea Supreme Court, shows

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24

Tomasic, Roman, and Brendan Pentony. "The prosecution of insider trading: Obstacles to enforcement." Australian & New Zealand Journal of Criminology 22, no. 2 (1989): 65–81. http://dx.doi.org/10.1177/000486588902200201.

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Insider trading has been criminalised in Australia for over a decade. Yet there have been few prosecutions in respect of such conduct, and none of these have been successful. There is little doubt that insider trading in Australia is extensive and is to be found across many sectors of the securities industry. Despite this, the law has not proved to be an effective vehicle for the social control of insider trading or for the deterrence of such conduct. It seems that the criminal sanctions for insider trading have been largely symbolic in nature. This article explores the obstacles to enforcemen

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25

Evans, Adrian. "Greenprint for a Climate Justice Clinic: law schools' most significant access to justice challenge." International Journal of Clinical Legal Education 25, no. 3 (2018): 7–22. http://dx.doi.org/10.19164/ijcle.v25i3.766.

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Seeking climate justice is not straightforward. Larger private law firm engagement with climate defence is often conflicted out because the short-term profit interests of their large corporate clients often dominate the thinking of both lawyer and client. Even those few private lawyers who do want to take action are intimidated by the need for considerable funding for disbursements and likely defendant arguments about the supposed need for security for costs. So far, no one in Australia has been able to locate a wealthy benefactor, foundation or not-for-profit prepared to meet these costs.Some

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Kennedy, Amanda, Trish Mundy, and Jennifer M. Nielsen. "“Bush Law 101”: Realising Place Conscious Pedagogy in the Law Curriculum." Journal of University Teaching and Learning Practice 13, no. 1 (2016): 83–102. http://dx.doi.org/10.53761/1.13.1.6.

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In 2012, a team of academics from six universities worked on an OLT-funded project, ‘Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia’. The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional Australia. The main outcome of the project was an open education resource designed to sensitise students to the realities of the rural and regional legal practice context in the form of a customisable curriculum package that can be embedded as components within

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27

Jones, Lauren Joy, and Ashley Pearson. "The Use of Technology by Gold Coast Legal Practitioners." Law, Technology and Humans 2, no. 1 (2020): 57–74. http://dx.doi.org/10.5204/lthj.v2i1.1304.

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Digital technology is inexorably changing the landscape of law. From the adoption of sustaining technologies, which enhance the productivity and efficiency of the traditional law firm, to the creation of disruptive technologies, which fundamentally challenge the established forms of the legal profession, the digitalisation of the legal sphere opens up new spaces and structures of legal practice that challenge the form of traditional law firms. Existing literature on the digitalisation of law paints a narrative of technological resistance by traditional law firms, suggesting that BigLaw firms a

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28

Trigger, David, and Robert Blowes. "Anthropologists, Lawyers and Issues for Expert Witnesses: Native Title Claims in Australia." Practicing Anthropology 23, no. 1 (2001): 15–20. http://dx.doi.org/10.17730/praa.23.1.787151073p934186.

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Social scientists such as anthropologists, linguists and historians play an important role in researching and producing genealogies, reports and other claim materials which are submitted as evidence in native title claims. Being expert witnesses for Aboriginal claimants (or any other party) means that they may also be cross-examined on their evidence by opposing counsel. The recent Federal Court decision Daniel v State of Western Australia (the ‘Daniel case’2) highlights the need to carefully manage communications which occur in the course of researching, documenting and conducting native titl

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Bartlett, Francesca. "Making lawyers pay for malpractice in court: skirting advocates’ immunity in Australia." International Journal of the Legal Profession 24, no. 2 (2016): 109–23. http://dx.doi.org/10.1080/09695958.2016.1223672.

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Sklar, Tara, Jennifer Schulz Moore, Marie Bismark, and Yamna Taouk. "Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia." International Journal of the Legal Profession 27, no. 3 (2020): 269–89. http://dx.doi.org/10.1080/09695958.2020.1751166.

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Legg, Michael, and Louisa Travers. "Necessity is the Mother of Invention: The Adoption of Third-Party Litigation Funding and the Closed Class in Australian Class Actions." Common Law World Review 38, no. 3 (2009): 245–67. http://dx.doi.org/10.1350/clwr.2009.38.3.0189.

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Australian class actions have recently undergone a revolution in relation to the financing of litigation and group definition. Australia has historically banned contingency fees and adopted an opt-out class action. However, the law now allows for third-party litigation funding where non-lawyers may finance class actions in return for a share of the recovery and for the class action to be defined as a closed class that only includes those group members who have entered into a litigation funding agreement. These developments have important ramifications for class action practice. Litigation fund

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Kaal, Wulf A. "Extraterritorial Application of US Securities Law: Will the US Become the Default Jurisdiction for European Securities Litigation?" European Company Law 7, Issue 3 (2010): 90–97. http://dx.doi.org/10.54648/eucl2010019.

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Pending case law by the US Supreme Court (Morrisson v. National Australia Bank) and draft legislation in Congress threaten to expand the jurisdiction of US courts to cases where foreign, i.e. non US, plaintiffs sue foreign defendants over securities purchased in foreign securities markets. This article describes the many aspects of this threat, in particular for European investors, brokers, banks and ... lawyers.

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Choy Flannigan, Alison, and Prue Power. "Health Care Governance: Introduction." Australian Health Review 32, no. 1 (2008): 7. http://dx.doi.org/10.1071/ah080007.

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IN RECOGNITION OF the importance and the complexity of governance within the Australian health care sector, the Australian Healthcare and Hospitals Association has established a regular governance section in Australian Health Review. The aim of this new section is to provide relevant and up-to-date information on governance to assist those working at senior leadership and management levels in the industry. We plan to include perspectives on governance of interest to government Ministers and senior executives, chief executives, members of boards and advisory bodies, senior managers and senior c

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Gerard, Alison, Andrew McGrath, Emma Colvin, and Kath McFarlane. "‘I’m not getting out of bed!’ The criminalisation of young people in residential care." Australian & New Zealand Journal of Criminology 52, no. 1 (2018): 76–93. http://dx.doi.org/10.1177/0004865818778739.

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Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment i

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Kirchengast, Tyrone. "Victim Lawyers, Victim Advocates, and the Adversarial Criminal Trial." New Criminal Law Review 16, no. 4 (2013): 568–94. http://dx.doi.org/10.1525/nclr.2013.16.4.568.

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Adversarial proceedings in common law jurisdictions tend to exclude the victim of crime. Although victim impact statements provide some role for victims following conviction but before sentencing, such statements may not influence the actual sentencing outcome, despite allowing for a therapeutic experience that may encourage the restoration of the victim. The introduction of victim lawyers across certain common law jurisdictions, including England and Wales, the United States and Australia, allows victims to retain private counsel to represent their interests alongside those of the state, from

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Murer, E., P. Niederer, B. Radanov, A. Rumo-Jungo, M. Sturzenegger, and F. Walz. "Foreword." Pain Research and Management 8, no. 1 (2003): 12. http://dx.doi.org/10.1155/2003/318392.

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Widely known as whiplash, cervical acceleration/deceleration trauma typically occurs as a result of a rear end automobile collision. This might cause damage to vertebrae and cervical tissue in the neck, with no visible and easily attestable signs of injury. In recent years, whiplash has become a nightmare for doctors, lawyers, rehabilitation specialists, bioengineers and insurers, not only in Switzerland, but across the whole of western Europe, North America and Australia.

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Barnett, Hilaire. "The province of jurisprudence determined-again!" Legal Studies 15, no. 1 (1995): 88–127. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00054.x.

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This report presents the findings of the survey conducted in 1993/94, this survey being an updated version of one conducted in 1983/94. The present study has been expanded to cover Australian and Canadian (Common Law) universities, and as in previous surveys has been conducted primarily through the medium of a detailed questionnaire.In each of the jurisdictions surveyed there exist parallel concerns about legal education and, of more direct interest here, the role of Jurisprudence and Legal Theory within the law curriculum. By drawing on data received from Australia, Canada and the United King

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Othman, Mohd Bahrin Bin, Hariz Sufi, Faridah Binti Hussain, Sarah Munirah Binti Abdullah, and Kemala Binti Alang. "Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 6, no. 10 (2021): 443–55. http://dx.doi.org/10.47405/mjssh.v6i10.1080.

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The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward

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Elloy, David F., and Catherine R. Smith. "Patterns of stress, work‐family conflict, role conflict, role ambiguity and overload among dual‐career and single‐career couples: an Australian study." Cross Cultural Management: An International Journal 10, no. 1 (2003): 55–66. http://dx.doi.org/10.1108/13527600310797531.

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The dual‐career phenomenon has become increasingly prevalent worldwide. This lifestyle often generates stresses and strains, at home and at work, for couples juggling multiple demands, which can have negative consequences for organisations. While most empirical research into this lifestyle has been conducted in the United States and Britain, very little has been carried out in Australia. This particular study, based on data from an Australian sample of 121 lawyers and accountants, was therefore aimed at analysing the levels of stress, work‐family conflict and overload among dual‐career and sin

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Corns, Chris. "Lawyers and Police: An Uneasy Marriage in the National Crime Authority's Fight against Organised Crime." Australian & New Zealand Journal of Criminology 25, no. 3 (1992): 231–54. http://dx.doi.org/10.1177/000486589202500303.

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A central feature of new law enforcement agencies, established specifically to combat organised crime in Australia, is their use of internal multi-disciplinary investigation teams. This strategy can be seen as mirroring the structure and modus operandi of the targeted criminal activity. One of the first law enforcement agencies in Australia to 'collectivise' legal and policing skills has been the National Crime Authority. However, aspects of the legal and police 'sub-cultures' are structurally and ideologically inconsistent creating the potential for significant intra-organisational conflict.

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Nottage, Luke. "Who's Afraid of the Vienna Sales Convention (CISG)? A New Zealanders View from Australia and Japan." Victoria University of Wellington Law Review 36, no. 4 (2005): 815. http://dx.doi.org/10.26686/vuwlr.v36i4.5623.

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Luke Nottage first sets out the structure of the CISG by reference to a New Zealand – Japan sales dispute. He prefers the CISG over traditional Anglo-Commonwealth law rules and then examines why lawyers and academics have not necessarily embraced the CISG, drawing partly on lessons from behavioural law and economics. He concludes with a call to action by those involved in the practice and study of international sales law.

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Karapetyan, Marina. "Logic Puzzles as Mental Gymnastics for LSAT Preparation." Armenian Folia Anglistika 7, no. 2 (9) (2011): 106–10. http://dx.doi.org/10.46991/afa/2011.7.2.106.

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The article highlights the methods that help developing skills to express logical and critical thoughts and to hold attention which are of great importance in exam tests of law school in the USA, Canada, Australia and now in Armenia (LSAT). Solving logic puzzles and games is one of these methods. It gives an opportunity to future lawyers, as well as people with other professions to develop their deductive thinking as well as to improve the necessary skills to categorize, group and match.

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Raj, Senthorun. "Contested feelings: Mapping emotional journeys of LGBTI rights and reforms." Alternative Law Journal 45, no. 2 (2020): 125–30. http://dx.doi.org/10.1177/1037969x20927500.

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This reflection explores how emotion shapes lesbian, gay, bisexual, transgender and intersex (LGBTI) rights and law reforms. Drawing on case studies from Australia, the United Kingdom, and the United States, the author maps how disgust regulates sexuality, hate manifests in hate crime penalties, anger arises in anti-discrimination measures, fear polices refugee law, anxiety shapes trans children’s access to medical transition, pity and compassion inhibit intersex autonomy, and love enables marriage equality. Legal scholars, activists, lawyers, and judges need to take emotion seriously to bette

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Linderfalk, Ulf. "Philip Morris Asia Ltd. v. Australia – Abuse of Rights in Investor-State Arbitration." Nordic Journal of International Law 86, no. 3 (2017): 403–19. http://dx.doi.org/10.1163/15718107-08603002.

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This case-note analyses the international award recently published in the case of Philip Morris Asia Limited v. the Commonwealth of Australia. Engaging particularly with the application of the Arbitration Tribunal of the abuse of rights doctrine, the note addresses, in the light of this award, a series of questions that continue to perplex international investment lawyers. How should the concept of abuse of rights be defined? What is the status of the abuse of rights doctrine in international law? What is the relationship between the abuse of rights doctrine and the foreseeability test? What i

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Weathered, Lynne, Kirsty Wright, and Janet Chaseling. "Dealing with DNA Evidence in the Courtroom." Wrongful Conviction Law Review 1, no. 1 (2020): 59–73. http://dx.doi.org/10.29173/wclawr9.

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DNA has played a revolutionary role within criminal justice systems across the world. This paper, while honouring the role DNA evidence has played, nevertheless aims to set out (in plain English in order to make it readily accessible to lawyers dealing with this evidence) some on-going and new key aspects related to the use of DNA evidence in the courtroom. Areas canvassed relate to identification evidence, activity level evidence and DNA mixtures. Specific issues considered include the potential for misunderstanding of DNA statistics both generally and when ‘partial’ match profiles are involv

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Rowan, Eleanor. "A ‘Thorne’ in the side for family lawyers in Australia: undue influence and prenuptial contracts." Journal of Social Welfare and Family Law 40, no. 2 (2018): 238–40. http://dx.doi.org/10.1080/09649069.2018.1451024.

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Ross, N. M. "Different Views? Children's Lawyers and Children's Participation in Protective Proceedings in New South Wales, Australia." International Journal of Law, Policy and the Family 27, no. 3 (2013): 332–58. http://dx.doi.org/10.1093/lawfam/ebt009.

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McDougall, Kevin, and Reid Mortensen. "Bush Lawyers in New South Wales and Queensland: A Spatial Analysis." Deakin Law Review 16, no. 1 (2011): 75. http://dx.doi.org/10.21153/dlr2011vol16no1art95.

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This article deals with the effect that different structures for the legal profession might have on supporting legal practice. There is a particular focus on Queensland, and its Law Society’s claim that conveyancing protection is important infrastructure for practice in the bush. A spatial analysis was undertaken to compare the availability of legal services in Queensland and New South Wales (where non-lawyer conveyancing is allowed) in 2008. Areas in the two states classified according to the Accessibility/Remoteness Index of Australia (ARIA) were compared, and it was found that NSW had an eq

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Jackman, Zora. "Reporting on the “Guidelines for Communicating Rights to Non-Native Speakers of English in Australia, England and Wales, and the USA” and their application in England and Wales." Sociolinguistica 33, no. 1 (2019): 107–23. http://dx.doi.org/10.1515/soci-2019-0007.

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Abstract Abstract: The article discusses a set of Guidelines which result from the work of the Communication of Rights Group comprising linguists, psychologists, lawyers and interpreters. The Guidelines document’s primary aim is to inform police, lawyers and judicial officers about linguistic issues which impact non-native speakers of English in police interviews, particularly in the communication of rights. The recommendations address the wording and grammar of the rights as well as their wider communication to non-native speaker suspects, including informing those suspects about access to an

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Tomsen, Stephen. "Professionalism and State Engagement: Lawyers and Legal Aid Policy in Australia in the 1970s and 1980s." Australian and New Zealand Journal of Sociology 28, no. 3 (1992): 307–29. http://dx.doi.org/10.1177/144078339202800301.

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