Melbourne Law School - Research Publications
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ItemVale Marvin Mitchelson (1928-2004): divorce lawyer to the stars( 2004)This item is an unpublished obituary noting the death of renowned publicity-seeking Hollywood celebrity divorce lawyer Marvin Mitchelson
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ItemGroundhog day, ..., again! [Review of the book Geographic information science: mastering the legal issues]( 2006)The disappointed reviewer concludes that this text is no better than the previous text by the author (also reviewed by the reviewer seven years ago in the Law Institute Journal). This latter book is much less expensive than the earlier one that carried a RRP of $215...Reviewer.
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ItemEtymythology. [Review of the book Port out, starboard home and other language myths]( 2004)The book reviewed chases down the provenance of words and tackles spurious word origins — “etymythology” as coined by a fellow practitioner Laurence Horn. These are the lexicographical equivalents of urban legends.
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Item[Review of the book Take the witness! (a biography of Earl Rogers)]( 2008)This hard-to-obtain and out-of-print biography of the renowned Californian criminal defence advocate Earl Rogers is available from the internet. Rogers was the foremost criminal advocate and one of the most celebrated advocates of his period (the late nineteenth to the early twentieth century) and was reputedly the model for Earle Stanley Gardner's Perry Mason. His meteoric career was shortened by his own character defects including alcoholism brought about by the pressures imposed upon him by his career and reputation. There is very little available biographical material on Rogers and this copy - scanned from an American public library and available from www.archive.org - is a valuable resource available to Australian readers given that neither the Australian National Library nor the Victorian State Library holds a copy of this work. In fact, none of the Australian law school libraries hold a copy of this book.
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ItemThe strange case of Andrea Yates and Dr Park Dietz(The Victorian Bar, 2008)Following the erroneous testimony of a celebrated expert witness, a mentally disturbed mother was convicted of murdering her five children. The witness’s evidence was the foundation for an inference that the defendant had concocted an insanity defence based upon a popular television drama series episode. In fact the expert had “falsely remembered” a non-existent episode of the series. The conviction was reversed upon appeal on the sole ground of the witness’s erroneous testimony. Upon re-trial, the defendant was found not guilty by reason of insanity.
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ItemCompulsory maintenance of the Land Register: an exception to the fundamental principle of a conclusive register underpinning the Land Registration Act 2002( 2004)The experience of the then Australian colonies in introducing land title registration in the nineteenth century provides a vantage point to observe and provide commentary on the recently enacted Land Registration Act 2002.The author offers the observation that the legislative draftsperson has, perhaps inadvertently, included an exception to what the Law Commission described as ‘the fundamental principle’ of a land registration system, that of the conclusive register wherein interests not recorded in the register have no legal effect. Thus, pursuant to the adverse possession provisions of the Act, it is possible for a trespasser or squatter to acquire an unassailable title to registered land without that title being disclosed on the register. The conclusion, based on the Australian experience, is that the advantages of registered title land are insufficient to overcome the inertia of interest holders and mandatory participation in the registered title system is essential for the integrity of the register.
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ItemThe heirs of Howe and Hummel(Victorian Bar, 2004)Those believing the practice of law to be a gentleman’s profession should be prepared to be disabused of that misapprehension.
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ItemOHMS: some reflections on the business of our courts(The Victorian Bar, 2006)The author expresses regret at the importation of business management principles into the provision of a service to the public.
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Item[Letter]: Sex with clients( 2007-10)Comment upon an article by Dr Ysaiah Ross, “Professional code should ban sex with clients”, Legal Affairs section, The Australian, Friday 19 October, 2007, page 35.
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ItemAdverse possession as repair mechanism: recent developments and further reflections(Department of Geomatics, University of Melbourne, 2007)Recent developments regarding the law of part parcel adverse possession of registered title ("Torrens") land in England, Nova Scotia, New South Wales and Queensland are discussed with particular regard to disputed boundary location.