Melbourne Law School - Research Publications

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    Blurring the Lines: Market-Driven and Democracy-Driven Freedom of Expression
    Edstrom, M ; Kenyon, A ; Svensson, E ; Edstrom, M ; Kenyon, AT ; Svensson, E-M (Nordicom, 2016)
    This book focuses on challenges from the market to free speech and how free speech can be protected, promoted and developed when lines between journalism and advertising are blurred. With contributions from 20 scholars in law, media studies and philosophy, it explores an issue deserving greater attention, market pressures on freedom of expression. The role of commercial constraints on speech, restrictions and control of media content and the responsibility of state institutions in protecting free speech are some of the topics scrutinized from a democratic free speech perspective.
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    The Politics of Law and Stability in China
    Trevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S ; Trevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S (Edward Elgar Publishing Ltd, 2014)
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    Legal Reforms and Deprivation of Liberty in Contemporary China
    Nesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S ; Nesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S (Routledge, 2016)
    The power to deprive people of their liberty is a defining prerogative of the state and the dominant form of punishment in most societies across the world.
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    The Stability Imperative Human Rights and Law in China
    Biddulph, S (UBC Press, 2015)
    social stability has been a core priority of the CCP. After installation of the new generation of leaders under under General Secretary Xi Jinping in 2012 there has been no lessening of the focus by senior leadership on the preservation of ...
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    Extending Working Life for Older Workers: Age Discrimination Law, Policy and Practice
    Blackham, A (Hart Publishing, 2016)
    Drawing on qualitative expert interviews, statistical analysis and organisational case studies, this book illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of ...
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    Acoustic Jurisprudence Listening to the Trial of Simon Bikindi
    Parker, JEK (Oxford University Press, USA, 2015-09-01)
    All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'.
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    Tribal Constitutionalism: States, Tribes, and the Governance of Membership
    Gover, K (Oxford University Press, 2011-01-01)

    In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen? The question is of practical and theoretical import. A large proportion of indigenous peoples in each state are not enrolled in a recognized tribe, and the majority of indigenous peoples do not live near their tribal territories. The book's empirical study challenges many of the assumptions used to model tribalism in theories of cultural pluralism, especially those that depict tribes as distinctively insular, ascriptive, and territorially-confined. The book shows that while they are descent-based groups, tribes also self-constitute relationally, by enrolling non-descendants in accordance with cultural and social criteria, and by recruiting from other indigenous communities. The book draws on tribal law and practice, political theory, legal doctrine, policy, and demographic data to critically assess the strategies used by tribes and states to manage the jurisdictional and ideological challenges of tribal membership governance.

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    Science and risk regulation in international law
    Peel, J (Cambridge University Press, 2010-01-01)
    The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
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    Environmental Law: Scientific, Policy and Regulatory Dimensions
    Godden, L ; Peel, J (Oxford University Press, 2010)
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    Money and politics: The democracy we can't afford
    THAM, J (University of New South Wales Press, 2010)