Melbourne Law School - Research Publications
Now showing items 1-12 of 739
Big Data and Employee Wellbeing: Walking the Tightrope between Utopia and Dystopia
(MDPI AG, 2019)
This special issue was inspired by an Economic & Social Research Council funded seminar series that explored the possibilities for using Big Data and data analytics for assessing health and wellbeing risks within organisations. The aim of this special issue was to build on some of the themes developed in the seminar series and draw together and update some key insights from different disciplinary perspectives on the opportunities, challenges and lessons that could be applied in this area. This editorial, therefore, draws together the findings and themes from the submitted papers and interprets these in light of the findings from the seminar series.
Intellectual Property and Private International Law: Strangers in the Night?
(Cambridge University Press, 2020)
The relationship between intellectual property (IP) and private international law (PIL) has become fraught with tension. For many years the two fields barely intersected, as almost all IP disputes were wholly domestic in nature, concerning parties within a single national territory, rights conferred by the law of that territory and local infringements. The emergence of new forms of technology and greater mobility of goods and services have, however, substantially changed the picture.
PREVENTING HARM TO OTHERS AS A CRITERION FOR COMPULSORY TREATMENT: AN OVERVIEW OF CRITICISMS AND CURRENT RESEARCH
(THOMSON REUTERS AUSTRALIA LTD, 2020-04-01)
Mental health legislation, which enables compulsory detention and treatment of those with severe mental health conditions, usually contains criteria that include the need to prevent harm to self or others. This column provides an overview of criticisms of the harm to others criterion and recent research investigating the association between violence and severe mental health conditions. It argues that despite several criticisms and research indicating only a modest association between violence and certain mental health conditions, there is little momentum for omitting this criterion.
How Trade-Restrictive Is Standardized Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia-Tobacco Plain Packaging
(Cambridge University Press (CUP), 2020)
© 2020 The Author(s). Published by Cambridge University Press. The lengthy and long-awaited WTO Panel Reports in Australia-Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two of the Panel Reports proceed to appeal, we consider with respect to the two adopted Panel Reports the Panel's reasoning in relation to Article 2.2 of the TBT, focusing on the meaning of trade-restrictiveness. This concept central to WTO law has been under-examined to date, and these Panel Reports demonstrate some of the complexities in identifying trade-restrictive measures, particularly where they are non-discriminatory. The Panel found that Australia's measures restrict trade because they contribute to their objective of reducing tobacco consumption. Therefore, any equally effective alternative will similarly restrict trade. This curious result under TBT Article 2.2 may be particular to non-discriminatory measures that target 'socially bad' products such as tobacco.
The Impact of Experiential Technologies Upon the Teaching of Evidence Law
(Bond University, 2020)
The structure of the accredited Australian law degree – both the Bachelor of Law (LLB) and the Juris Doctor (JD) – continues to be determined primarily by the need to demonstrate coverage of the ‘Priestley 11’ (P11) prescribed areas of knowledge: administrative law, civil dispute resolution, company law, constitutional law, contract law, criminal law and procedure, equity, evidence, professional conduct, property law and tort law. The P11 areas of knowledge are taught via a series of core law units within the law degree, the content of which is relatively consistent across Australian law schools.
(How) can a building safety regulator help cure the UK's defects crisis?: analysing the current proposals in the light of Australia's experience
(Sweet and Maxwell, 2020-04-02)
This article seeks to provide insights into what the proposed (as of early 2020) UK Building Safety Regulator could achieve—and, the challenges it might face—based on the recent experience in Australia. It examines the role of a regulator within an effective regulatory regime for safe buildings; analyses what can so far be gleaned in relation to the UK proposal for a BSR; offers insights from the Australian experience, especially that relating to the Victorian Building Authority; and concludes by emphasising that a UK BSR needs to foster a shift in the culture that has permeated building safety in the UK and restore much-needed confidence in the building industry.
Intelligent Warning Systems: “Technological Nudges” to Enhance User Control of IoT Data Collection, Storage and Use
(Institute of Network Cultures, 2019)
Moving away from the strong body of critique of pervasive ‘bad data’ practices by both governments and private actors in the globalized digital economy, this book aims to paint an alternative, more optimistic but still pragmatic picture of the datafied future. The authors examine and propose ‘good data’ practices, values and principles from an interdisciplinary, international perspective. From ideas of data sovereignty and justice, to manifestos for change and calls for activism, this collection opens a multifaceted conversation on the kinds of futures we want to see, and presents concrete steps on how we can start realizing good data in practice.
Constitution Making in Asia
(Oxford University Press (OUP), 2019)
This short article is an introduction to a Symposium on Constitution Making in Asia and the Pacific. It seeks to place constitution making in Asia in the context of the broader global debate. In doing so, it develops the theme of the relationship between the local and the global in constitution-making projects. It suggests four sets of factors that de-serve consideration in examining the relationship between local and global influences: ownership, implementation, accountability, and legitimacy. A final section reflects on the experiences of constitution making in Asia and the Pacific and the way in which these factors play out in the various case studies.