Melbourne Law School - Research Publications

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    How Might Digital Campaigning Affect the Problems of Political Finance?
    Tham, J-C (International Institute for Democracy and Electoral Assistance, 2021)
    This lecture deals with the intersection between three sets of challenges, each of which constitutes an existential threat to democracies across the world. The first is linked to money in politics, which poses the danger not only of ‘policy capture’ but also, in worse-case scenarios, of state capture by monied interests. The principal question addressed by this lecture is poised at the meeting place between these sets of challenges: How might digital campaigning affect the problems of political finance? Also integrated into the analysis is a third set of challenges: those which arise from the Covid-19 pandemic. This lecture reflects on how the pandemic might shape the impact of digital campaigning on the problems of political finance. Follow the lecture for the conclusion and read also the paper for more details.
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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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    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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    Democracy of Expression: Positive Free Speech and Law
    Kenyon, AT (Cambridge University Press, 2021-06)
    Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
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    Principles of Contract Law.
    ROBERTSON, AJ ; Paterson, J (Thomson Reuters, 2020)
    Principles of Contract Law, 6th Edition remains Australia's premier text for students of contract law. The new edition has been significantly revised in light of recent developments.
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    Principles of Contract Law
    PATERSON, J ; ROBERTSON, AJ ; HEFFEY, P (Lawbook Co, 2005)
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    Misleading Silence
    Bant, E ; Paterson, JM ; Bant, E ; Paterson, JM (Hart Publishing, 2020)
    This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.
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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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    Justice: The China Experience
    Sapio, F ; Trevaskes, S ; Biddulph, S ; Nesossi, E ; Sapio, F ; Trevaskes, S ; Biddulph, S ; Nesossi, E (Cambridge University Pres, 2017)
    Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.