Melbourne Law School - Research Publications
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ItemThe Legalisation of Economic Social and Cultural Rights(Victorian Equal Opportunity and Human Rights Commission, 2010)
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ItemNo Preview AvailableTHE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA(ROYAL HISTORICAL SOC VICTORIA, 2006-11-01)
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ItemNo Preview AvailableContempt of Parliament in Victoria(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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ItemCopyright and cultural institutions: Guidelines for digitization for U.S. libraries, archives, and museums(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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ItemThe doctrine of 'strict compliance' in the Italian legal system(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.
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ItemNo Preview AvailablePrinciples of Contract Law(Lawbook Co, 2005)
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ItemProtection of Employees in a Transmission of Business: What is Left in the Wake of Work Choices and Subsequent Statutory Amendments(Centre for Employment and Labour Relations Law, 2007)Regulation of the employment relationship in the context of a transmission of business has undergone substantial revision as a result of the Workplace Relations Amendment (WorkChoices) Act 2005 (Cth), and more recently, the Workplace Relations Amendment (A Stronger Safety Net) Act 2007 (Cth). The first part of this paper reviews the statutory treatment of transmission of business in the past and considers the traditional justification for regulatory intervention in this area. The focus then turns to a detailed examination of the new statutory provisions and analyses the possible impetus for the changes, as well as identifying potential shortcomings. Finally, it looks at recent amendments relating to the application of duress in connection with Australian Workplace Agreements. It is argued that, despite the growing body of case law in this area, statutory intervention was necessary in order to ensure that, in a transmission of business, the obligations of employers were clearly prescribed and the market position of employees was properly protected.
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ItemLeft Out in the Cold: Homelessness and Anti-Discrimination Law(Council of Homeless Persons, 2005)Anti-discrimination legislation has long been accepted as an integral part of Australian law and culture. However, the current legal framework at both Commonwealth and State levels fails to adequately protect people who are homeless, unemployed or in receipt of social security benefits. (1) This omission in the law masks the fact that discrimination against these groups is deeply ingrained and currently lawful. Not only does this seem to indicate a lack of awareness on the part of the legislature, it also seems to demonstrate ignorance of the fact that homeless people, although impoverished, possess basic human rights.
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ItemA Changing of the Guard: Enforcement of Workplace Relations Laws Since Work Choices and Beyond(The Federation Press, 2009)
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ItemTheoretical Disagreement and the Semantic Sting(Oxford University Press (OUP), 2010)Scott Shapiro recently suggested that Ronald Dworkin's critique in Chapter 1 of Law's Empire represents the greatest threat currently facing legal positivism. Shapiro had in mind, not the semantic sting argument ('the SSA'), but rather what I call 'the argument from theoretical disagreement' (or 'the ATD'). I contend that Shapiro was right to focus on the ATD, but that even he underestimated just how serious a challenge it poses to positivism (and perhaps to other theories of law as well). The ATD, I argue, is an objection to any theory of law that denies that legal officials can engage in theoretical disagreement-that is, disagreement about the grounds of law. The SSA then seeks to explain why so many legal philosophers adopt such theories. I argue that the SSA is an implausible explanation of why many legal philosophers deny that theoretical disagreement exists, but that this does not undermine the ATD's contention that they are wrong to do so. Indeed, given the variety of forms that theoretical disagreement can take, Dworkin's positivist critics face a very significant challenge in seeking either to explain away the appearance of theoretical disagreement or to develop forms of positivism that can allow for such disagreement.