Melbourne Law School - Research Publications

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    Australian Family Property Law Current Issues and Challenges
    Fehlberg, B ; Sarmas, L ; Choudhry, S ; Herring, J (CAMBRIDGE UNIV PRESS, 2019-01-01)
    There are several reasons why it seems important to focus on Australian family property law now. In May 2017, the Australian Federal Attorney General announced a major review of the family law system, to be undertaken by the Australian Law Reform Commission. The inquiry's widely cast terms of final report is due by 31 March 2019.
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    From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong
    Lee, A ; Clift, B ; Balganesh, S ; Ng-Loy, WL ; Sun, H (Cambridge University Press, 2021)
    In March 2016, the Hong Kong government abandoned its latest attempt to reform copyright law for the digital era. Notwithstanding strong support from the business sector, opposition to the Copyright (Amendment) Bill 2014 had become a crusade for civil rights activists and Internet user interest groups, who protested it online and outside the legislature, and also for prodemocracy lawmakers, who filibustered tirelessly until the bill’s demise. Had the bill become law, copyright users would have gained new fair dealing exceptions covering parody, satire, caricature, pastiche, comments on current events, and quotation – provisions and protections they had requested when the predecessor Copyright (Amendment) Bill 2011 was rejected – along with greater clarity on various technology-related matters. Instead, Hong Kong retains a limited and dated range of exceptions in the areas of education, journalism, and public administration.
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    Correction to: Lessons from Australian Water Reforms: Indigenous and Environmental Values in Market-Based Water Regulation
    Macpherson, E ; O’Donnell, E ; Godden, L ; O’Neill, L (Springer Singapore, 2022)
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    Demystifying the Burden of Proof in International Arbitration
    Garnett, R ; Ferrari, F ; Rosenfeld, F (Kluwer Law International, 2022)
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    A Global Rule of Law
    Orford, A ; Meierhenrich, J ; Loughlin, M (Cambridge University Press, 2021-08-03)
    The view of international law as a profession committed to the spread of liberal ideas emerged in Europe and North America in the late nineteenth century.1 One of those ideas was the rule of law. Attempts to realize a global rule of law and attempts to constitute an international community have long been linked. For many international lawyers, this gave international law a sense of forward movement and a clear telos, with the caveat that the reality of unequal power relations meant that international law could never be measured directly against a model borrowed from domestic law and politics.
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    Health Research and Privacy through the Lens of Public Interest
    Taylor, M ; Whitton, T ; Laurie, G ; Dove, E ; Ganguli-Mitra, A ; McMillan, C ; Postan, E ; Sethi, N ; Sorbie, A (Cambridge University Press, 2021-06-24)
    This chapter considers how viewing the concept of privacy through a public interest lens can reveal the limitations of the narrow conception of privacy currently inherent to much health research regulation (HRR).
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    Health Data, Public Interest, and Surveillance for non-health related purposes
    Taylor, M ; Kirkham, R ; Iphofen, R ; O'Mathuna, D (Emerald Publishing, 2022)
    A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such interference should be clearly detailed in law, overseen by a transparent process and not left to the vagaries of administrative discretion. If a state surveils those it governs and claims the interference to be in the public interest, then the evidence base on which the claim stands and the operative conception of public interest should be subject to critical examination. Unfortunately, there is an inconsistency in the regulatory burden associated with access to confidential patient information for non-health-related surveillance purposes and access for health-related surveillance or research purposes. This inconsistency represents a systemic weakness to inform or challenge an evidence-based policy on non-health-related surveillance. This inconsistency in unjustified and undermines the qualities recognised to be necessary to maintain a trustworthy confidential public health service. Taking the withdrawn Memorandum of Understanding (MoU) between NHS Digital and the Home Office as a worked example, this chapter demonstrates how the capacity of the law to constrain the arbitrary or unwarranted exercise of power through judicial review is not sufficient to level the playing field. The authors recommend ‘levelling up’ in procedural oversight, and adopting independent mechanisms equivalent to those adopted for establishing the operative conceptions of public interest in the context of health research to non-health-related surveillance purposes.
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    Concussion, Employers' Duties and the Law: the U.K. & Ireland with Comparative Perspective from the U.S. and Canada
    Anderson, J ; Heshka, J ; Cottrell, S ; Bond, C ; Kulkami, M (LawinSport Limited, 2017)
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    Introduction to the Research Handbook on EU Sports Law and Policy
    Anderson, J ; Parrish, R ; Garcia, B ; Anderson, J ; Parrish, R ; Garcia, B (Edward Elgar Publishing Ltd, 2018)
    The aim of this Handbook is to take a thematic approach to EU sports law and one that broadly reflects the themes used by the EU Commission in the field of sports law and policy and, namely sport’s role in society, the economic dimension to sport and the organisation of sport. Individual chapters address sub-themes of the above areas as put into context by two leading chapters on the origins and sources of EU sports law and policy.
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    Match fixing and money laundering
    Anderson, J ; Villeneuve, J-P ; Pasquier, M (Routledge, 2018-01-01)
    This chapter illustrates the long-standing interest of organised crime gangs-in this instance, various Mafia families in the United States-in money laundering via sports gambling-related means. It seeks to assess the vulnerabilities of international sport to match-fixing, as motivated in part by the associated secondary criminality of tax evasion and transnational economic crime. The chapter suggests that sport’s vulnerability as a channel for criminals to launder the proceeds of their illegal activities is not just confined to gambling-related match-fixing but has an even wider corruptive base. It must be admitted that match-fixing in sport, although almost always motivated for illegal betting purposes, can and does take place in the absence of money laundering. Money laundering is an essential component to the further profitisation of transnational crime. In July 2009, the Financial Action Task Force published a major study on money laundering through the professional football industry.