Melbourne Law School - Research Publications

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    Lawyers as Whistleblowers: The Need for a Gatekeeper of Justice Whistleblowing Obligation/Exception
    Le Mire, S ; Parker, C ; Levy, R ; O'Brien, M ; Rice, S ; Ridge, P ; Thornton, M (ANU Press, 2017)
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    Compliance: 14 Questions
    Parker, C ; Nielsen, VL ; Drahos, P (ANU Press, 2017)
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    An Australian perspective
    Walvisch, J ; Carroll, A (Routledge, 2022-09-30)
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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).