Search Results - "Melbourne University law review"

SHAPING THE NEXT GENERATION OF CLIMATE CHANGE LITIGATION IN AUSTRALIA by Peel, Jacqueline, Osofsky, Hari, Foerster, Anita

“…Recent international developments - including the conclusion and entry into force of the Paris Agreement and the high-profile Urgenda case, in which the Dutch…”
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Equality of arms in administrative review by Groves, Matthew

“…The many principles that govern judicial and merits review of administrative decisions are a valuable body of doctrinal law, but they are not comprehensive…”
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The failure to prevent modern slavery: Proposing a novel legal approach in attributing corporate criminal liability for transnational human rights abuses by Anderson, Annabel, Harris, Hannah

“…The intractable and pervasive nature of modern slavery in transnational corporate supply chains has necessitated a range of legal measures to combat this…”
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Institutionally-informed statutory interpretation: A response to Crawford by Murphy, Julian R

“…As part of what can now be recognised as an increasing 'constitutional turn' in the law and literature of statutory interpretation, Lisa Burton Crawford has…”
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WITNESS PREPARATION AND THE CORRUPTION OF MEMORY: A SURVEY OF AUSTRALIAN TRIAL JUDGES by Steele, Mark J, Chin, Jason M, Van Golde, Celine

“…An extensive body of psychological research establishes that practices commonly used in preparing witnesses to give evidence in civil proceedings are prone to…”
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VICARIOUS LIABILITY FOR EQUITABLE WRONGDOING by Goldberg, Samuel

“…The concept of equitable vicarious liability will be unfamiliar to many Australian lawyers. Vicarious liability is of enduring significance in the law of tort…”
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THE NEW CONSTITUTIONAL SCHOLARSHIP IN AUSTRALIA by Gageler, Stephen

“…The prevailing view of the Australian Constitution for much of the 20th century considered it uninspired, inflexible and ill-adapted to the advancement of the…”
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DATA SHARING AGREEMENTS: CONTRACTING PERSONAL INFORMATION IN THE DIGITAL AGE by Krebs, Shiri, Moses, Lyria Bennett

“…Voluminous information about individuals is being shared every day and everywhere. Streamlining data sharing activities effectively allows public and private…”
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TRUSTEES COMPETING OVER INDEMNITY RIGHTS by Conaglen, Matthew

“…This article considers how, if at all, trustees indemnity rights compete with one another. Each trustee has its own right to indemnity, but each trustee's…”
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A 'kind of sovereignty': Toward a framework for the recognition of First Nations sovereignties at common law by Aird, James, Ardill, Allan

“…The common law rejects 'Aboriginal sovereignty' as being inconsistent with Crown sovereignty. Yet the common law defines 'Aboriginal sovereignty' as a single,…”
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Process and outcome: The construction of the 'Pell' acquittals by Hamer, David

“…In 2018, Cardinal George Pell was convicted by a jury of child sex offences committed 20 years earlier at St Patrick's Cathedral. At trial, the complainant's…”
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Remembering Australian constituent power by William Partlett

“…The constituent power of the Australian people has long been neglected. This article will turn to the transnational history of the Australian founding period…”
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The institutional justification for the principle of legality, revisited by Lisa Burton Crawford

“…This article defends the 'institutional account' of the principle of legality published in a previous volume of the Melbourne University Law Review against the…”
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Co-operation and prevention in contract law by Ryan Catterwell

“…Under Australian law, the requirement that parties to a contract must co-operate with each other manifests in at least four distinct duties or standards: (i)…”
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Thinking philosophically about law: The role of moral and political reasoning in shaping the law by Chris Maxwell

“…This paper explores the different ways in which ideas from moral and political philosophy underpin the development of the law. The shape of the substantive law…”
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Constitutional dignity by Ashleigh Barnes

“…It has been argued that dignity was recognised in 'Clubb v Edwards ('Clubb')' as an Australian constitutional value. This means that Australia must confront…”
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Protecting the press from search and seizure: Comparative lessons for the Australian reform agenda by Rebecca Ananian-Welsh, Jason Bosland

“…The federal government has committed to law reform to protect press freedom in police investigations. But what form should this protection take? This article…”
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Co-operation and prevention in contract law by Catterwell, Ryan

“…Under Australian law, the requirement that parties to a contract must co-operate with each other manifests in at least four distinct duties or standards: (i)…”
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Reconsidering the law governing the formation of international contracts in Australia by Ardavan Arzandeh

“…This article revisits the question of what law governs the formation of international contracts from the perspective of the law in Australia. Ever since the…”
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Institutionally-informed statutory interpretation: A response to Crawford by Julian R Murphy

“…As part of what can now be recognised as an increasing 'constitutional turn' in the law and literature of statutory interpretation, Lisa Burton Crawford has…”
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