Melbourne Law School - Research Publications

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Now showing 1 - 10 of 557
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    Rewinding Sony: An Inducement Theory of Secondary Liability
    Giblin, R (Sweet and Maxwell, 2005)
    Discusses the US Supreme Court ruling in Metro - Goldwyn - Mayer Studios Inc v. Grokster Ltd, which preserved the technology protecting rule established by its earlier decision in Sony Corp of America v. Universal City Studios Inc but failed to clarify its application to peer to peer (P2P) technologies. Reviews the operation of the Sony rule on vicarious and contributory liability in copyright cases, its application in subsequent case law, the Grokster judgment's likely impact on the Sony principles and the remaining areas of uncertainty regarding the revised test to be met by P2P companies seeking to escape secondary liability for inducement of copyright infringement. Reflects on the likely effects of the Grokster ruling for future technologies.
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    The Legalisation of Economic Social and Cultural Rights
    Tobin, J (Victorian Equal Opportunity and Human Rights Commission, 2010)
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    THE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA
    Waugh, J (ROYAL HISTORICAL SOC VICTORIA, 2006-11-01)
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    Contempt of Parliament in Victoria
    Waugh, J (Adelaide Law Review Association, 2005)
    The wide powers of State Parliaments to punish members and outsiders vary from State to State. Authorities on contempt of Parliament have compared the different jurisdictions, but there has been no specific study of contempt of the Victorian Parliament. Its powers are different from those of the Commonwealth, New South Wales and Tasmanian parliaments, and it has a distinctive record of little-known contempt cases. This article provides an overview of the Victorian Parliament’s powers and the way they have been used.
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    New Federation History
    Waugh, J (Melbourne University Law Review Association, 2000)
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    Framing the First Victorian Constitution, 1853–5
    Waugh, J (Faculty of Law, Monash University, 1997)
    As the approaching centenary of federation renews interest in Australian constitutional history, it is timely to examine the colonial constitutions that were current law for the framers of the Commonwealth Constitution. They were the result of the first Australian exercises in constitution-making. Many of their provisions are still in force. This article describes the framing of one of the new constitutions of the 1850s, the Victorian Constitution Act of 1855. The work of the politicians who dominated Victoria at the start of the gold rush, it created the framework for the constitutional crises of the 1860s and 1870s and remains the source of many provisions of the Constitution Act 1975 (Vic).
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    The Victorian Government and the Jurisdiction of the Supreme Court
    Waugh, J (Law School, University of New South Wales, 1996)
    Recent events have directed attention to the place of the Supreme Court of Victoria in the State constitutional structure, as argument has emerged in the press and elsewhere about legislation reducing the Court's jurisdiction. This article considers the legislation which has led to this controversy, the significance of Victoria's distinctive constitutional entrenchment of Supreme Court jurisdiction, and other aspects of the constitutional position of the Supreme Court.
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    Copyright and cultural institutions: Guidelines for digitization for U.S. libraries, archives, and museums
    Hirtle, P ; HUDSON, EJ ; KENYON, A (Cornell University Library, 2009)
    The development of new digital technologies has led to fundamental changes in the ways that cultural institutions fulfill their public missions of access, preservation, research, and education. Many institutions are developing publicly accessible Web sites that allow users to visit online exhibitions, search collection databases, access images of collection items, and in some cases create their own digital content. Digitization, however, also raises the possibility of copyright infringement. It is imperative that staff in libraries, archives, and museums understand fundamental copyright principles and how institutional procedures can be affected by the law. “Copyright and Cultural Institutions” was written to assist understanding and compliance with copyright law. It addresses the basics of copyright law and the exclusive rights of the copyright owner, the major exemptions used by cultural heritage institutions, and stresses the importance of “risk assessment” when conducting any digitization project. Case studies on digitizing oral histories and student work are also included.
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    The doctrine of 'strict compliance' in the Italian legal system
    Arban, E (The University of Arizona, 2005)
    In recent years, courts all over the world have been called upon more and more often to resolve disputes involving transactions made through letters of credit. This paper analyzes the doctrine of strict compliance in letters of credit in the Italian legal system in light of some decisions issued by Italian courts over the past fifty years. It is not the intent of this paper to explain in detail the "technical" function of letters of credit, since the mechanism underlying this trade tool is already known: the buyer of merchandise asks a bank (issuing bank) to issue a letter of credit payable to the seller of the merchandise (beneficiary) upon presentation of certain documents tendered by the seller to the issuing bank. In international transactions, a separate bank often confirms the obligation at the beneficiary's place of business (confirming bank). When the required documents, complying on their face with the conditions of the credit, are tendered, the bank honors its undertaking. Due to its characteristics, the letter of credit is used for the most part among merchants residing in different countries.