Melbourne Law School - Research Publications
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ItemMore helpful advice III(The Victorian Bar, 1995)Yet another collection of legal anecdotes involving bold, insouciant, or impudent behaviour by counsel directed towards the court, the judicial officer, or the practice of law.
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ItemMore helpful advice II(The Victorian Bar, 1994)An even further collection of legal anecdotes involving bold, insouciant, or impudent behaviour by counsel directed towards the court, the judicial officer, or the practice of law.
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ItemMore helpful advice( 1994)A further collection of anecdotes involving bold, insouciant, or impudent behaviour by counsel directed towards the court, the judicial officer, or the practice of law.
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ItemVale Marvin Mitchelson (1928-2004): divorce lawyer to the stars( 2004)This item is an unpublished obituary noting the death of renowned publicity-seeking Hollywood celebrity divorce lawyer Marvin Mitchelson
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ItemThe Schiavo and Korp cases: Conceptualising end-of-life decision making(Law Book Co., 2005)An incompetent, terminally ill patient can be viewed in two ways – as a person who is dying, when futile, life-prolonging treatment can be lawfully withdrawn; or a person with a disability, for whom a guardian must be appointed to decide about treatment. Terri Schiavo’s husband took the first view and her parents the second. Maria Korp was regarded as dying when treatment was withdrawn. The difference in conceptualising a patient’s situation is critical. Where a patient is dying, treatment can be lawfully withdrawn whatever the view of the relatives; they cannot require treatment to be continued. Where a patient has a disability and a surrogate decision maker is appointed, the focus is on what the patient would have wanted in such circumstances, so that the surrogate can act in accordance with the patient’s wishes. That deflects attention from the fundamental legal principle that whatever a patient or the relatives want, they are not legally entitled to demand treatment that doctors consider futile in the circumstances.
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ItemThe lore of mathematics and law( 1993)The reliance upon mathematics in the law is considered by a jaundicedobserver who believes that there exists too much reliance and that this reliance is“pseudo science” in an attempt to bolster a litigant’s position in a lawsuit. Theobserver’s view is that lawyers are ill-equipped to utilise mathematics.