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Monash University Faculty of Law Legal Studies Research Paper Series
42,246 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

Monash University Law

Showing Papers 1 - 50 of 420
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Incl. Electronic Paper The Charter's Effect on Administrative Decision-Making
(2016) 27 Public Law Review 3, Monash University Faculty of Law Legal Studies Research Paper No. 2016/02
Janina Boughey
Monash University - Faculty of Law
Date Posted: April 28, 2016
Last Revised: May 02, 2016
Accepted Paper Series
28 downloads

Incl. Electronic Paper New Rules and Record Keeping: Supporting Redress for Victims of Child Abuse
Alternative Law Journal, Vol.41(1), 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/01
Moira Paterson and Melissa Castan
Monash University - Faculty of Law and Monash University - Faculty of Law
Date Posted: April 27, 2016
Last Revised: May 02, 2016
Accepted Paper Series
28 downloads

Incl. Electronic Paper Extending Public Law: Digital Engagement, Education and Academic Identity
(2015) 25 Legal Education Review
Melissa Castan and Kate Galloway
Monash University - Faculty of Law and James Cook University
Date Posted: April 18, 2016
Last Revised: May 02, 2016
Accepted Paper Series
20 downloads

Incl. Electronic Paper The Principle of Legality: Issues of Rationale and Application
(2015) 41(2) Monash University Law Review 329, Monash University Faculty of Law Legal Studies Research Paper No. 2015/19
Bruce Chen
Monash University, Faculty of Law, Students
Date Posted: April 15, 2016
Last Revised: May 02, 2016
Accepted Paper Series
21 downloads

Incl. Electronic Paper The Reasonableness of Proportionality in the Australian Administrative Law Context
(2015) 43 Federal Law Review 59
Janina Boughey
Monash University - Faculty of Law
Date Posted: February 24, 2016
Last Revised: April 29, 2016
Accepted Paper Series
30 downloads

Incl. Electronic Paper The Relaxation of Representative Standing in Administrative Law: A Side-Effect of Charters of Rights?
(2016) 49 University of British Columbia Law Review 47
Janina Boughey
Monash University - Faculty of Law
Date Posted: February 24, 2016
Last Revised: May 08, 2016
Accepted Paper Series
24 downloads

Incl. Electronic Paper The Rights of Prisoners Under the Victorian Charter: A Critical Analysis of the Jurisprudence on the Treatment of Prisoners and Conditions of Detention
University of New South Wales Law Journal, Vol. 38, No. 4, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/15
Julie Debeljak
Monash University - Faculty of Law
Date Posted: December 04, 2015
Last Revised: January 12, 2016
Accepted Paper Series
24 downloads

Incl. Electronic Paper Researching Human Rights in Prisons
(2015) 4:1 International Journal for Crime, Social Justice and Democracy 79, Monash University Faculty of Law Legal Studies Research Paper No. 2015/16
Bronwyn Naylor
Monash University - Faculty of Law
Date Posted: December 03, 2015
Last Revised: January 12, 2016
Accepted Paper Series
22 downloads

Incl. Electronic Paper A Strategic Framework for Implementing Human Rights in Closed Environments
(2015) 41 Monash University Law Review 218, Monash University Faculty of Law Legal Studies Research Paper No. 2015/17
Bronwyn Naylor, Julie Debeljak and Anita Mackay
Monash University - Faculty of Law, Monash University - Faculty of Law and Monash University - Faculty of Law
Date Posted: December 03, 2015
Last Revised: January 12, 2016
Accepted Paper Series
29 downloads

Incl. Electronic Paper Teaching Native Title
(1997) 8(1) Legal Education Review 75
Melissa Castan and Jenny Schultz
Monash University - Faculty of Law and Law Faculty, Monash University
Date Posted: November 02, 2015
Accepted Paper Series
4 downloads

Australian Indigenous Legal Issues in Popular Culture
Law and Popular Culture in Australia, eds Melissa de Zwart, Bernadette Richards and Suzanne Le Mire, 2015
Melissa Castan
Monash University - Faculty of Law
Date Posted: September 21, 2015
Accepted Paper Series

Incl. Electronic Paper Constitutional Recognition, Self-Determination and an Indigenous Representative Body
Indigenous Law Bulletin, vol 8, issue 19, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/14
Melissa Castan
Monash University - Faculty of Law
Date Posted: September 17, 2015
Last Revised: October 05, 2015
Accepted Paper Series
33 downloads

Incl. Electronic Paper Professional Sport, Work Health and Safety Law and Reluctant Regulators
(2015) Sports Law e Journal, ISSN 1836-1129. , Monash University Faculty of Law Legal Studies Research Paper No. 2015/13
Eric Windholz
Monash University - Faculty of Law
Date Posted: September 03, 2015
Last Revised: October 05, 2015
Accepted Paper Series
78 downloads

Incl. Electronic Paper Team-Based Professional Sporting Competitions and Work, Health and Safety Law: Defining the Boundaries of Responsibility
(2015) 43 Australian Business Law Review 303, Monash University Faculty of Law Legal Studies Research Paper No. 2015/12
Eric Windholz
Monash University - Faculty of Law
Date Posted: September 03, 2015
Last Revised: October 05, 2015
Accepted Paper Series
58 downloads

Incl. Electronic Paper At the Intersection of Public Service and the Market: Libraries and the Future of Lending
(2015) 26 Australian Intellectual Property Journal 4-26, Sydney Law School Research Paper No. 15/71, Monash University Faculty of Law Legal Studies Research Paper No. 2015/11
Rebecca Giblin and Kimberlee G. Weatherall
Monash University - Faculty of Law and University of Sydney - Faculty of Law
Date Posted: August 21, 2015
Last Revised: March 31, 2016
Accepted Paper Series
164 downloads

Incl. Electronic Paper Claiming Justice in Injury Law
(2015) 41(3) Monash University Law Review 618-654, Monash University Faculty of Law Legal Studies Research Paper No. 05/2015
Genevieve Grant
Monash University - Faculty of Law
Date Posted: July 25, 2015
Last Revised: March 31, 2016
Accepted Paper Series
87 downloads

Incl. Electronic Paper Sentencing for Child Sexual Abuse in Institutional Contexts
Monash University Faculty of Law Legal Studies Research Paper No. 2015/10
Arie Freiberg, Hugh Donnelly and Karen R. Gelb
Monash University - Faculty of Law, Judicial Commission of New South Wales and Independent
Date Posted: July 21, 2015
Last Revised: August 10, 2015
Working Paper Series
16 downloads

Incl. Electronic Paper A World of Difference: The Budapest Convention on Cybercrime and the Challenges of Harmonisation
(2014) 40(3) Monash University Law Review 698-736, Monash University Faculty of Law Legal Studies Research Paper No. 2015/06
Jonathan Clough
Monash University - Faculty of Law
Date Posted: June 09, 2015
Last Revised: August 06, 2015
Accepted Paper Series
221 downloads

Incl. Electronic Paper Rethinking Asylum-Seeker Detention at Sea: The Power to Detain Asylum-Seekers at Sea Under the Maritime Powers Act 2013
University of New South Wales Law Journal, Vol. 38, No. 2, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/07
Patrick Emerton and Maria O'Sullivan
Monash University - Faculty of Law and Monash University - Faculty of Law
Date Posted: May 31, 2015
Last Revised: August 06, 2015
Accepted Paper Series
49 downloads

Incl. Electronic Paper Detention of Australia’s Asylum Seekers in Nauru: Is Deprivation of Liberty by Any Other Name Just as Unlawful?
University of New South Wales Law Journal, Vol. 38, No. 2, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/08
Azadeh Dastyari
Monash University - Faculty of Law
Date Posted: May 28, 2015
Last Revised: August 06, 2015
Accepted Paper Series
54 downloads

Incl. Electronic Paper Access to Justice: A Comparative Analysis of Cuts to Legal Aid
Monash University Faculty of Law Legal Studies Research Paper No. 2014/06
Asher Flynn, Arie Freiberg, Jude McCulloch, Bronwyn Naylor and Jacqueline Hodgson
Monash University, Monash University - Faculty of Law, Monash University, Monash University - Faculty of Law and University of Warwick - School of Law
Date Posted: May 25, 2015
Last Revised: June 02, 2015
Working Paper Series
77 downloads

Incl. Electronic Paper Tasmania's Reproductive Health (Access to Terminations) Act 2013: An Analysis of Conscientious Objection to Abortion and the 'Obligation to Refer'
22 Journal of Law and Medicine, 2015 pp 900-914, Monash University Faculty of Law Legal Studies Research Paper No. 2015/09
Ronli Sifris
Monash University - Faculty of Law
Date Posted: April 18, 2015
Last Revised: August 06, 2015
Accepted Paper Series
55 downloads

Incl. Electronic Paper Employers' Rights to Intellectual Property: Australia
Employees’ Intellectual Property Rights, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2014/07,
Ann Monotti
Monash University - Faculty of Law
Date Posted: April 17, 2015
Last Revised: June 02, 2015
Accepted Paper Series
30 downloads

Incl. Electronic Paper The Recognition of Indigenous Australians in the Teaching of Federal Constitutional Law
Journal of the Australasian Law Teachers Association (2014) Vol 7 No 1 & 2, p 87, Monash University Faculty of Law Legal Studies Research Paper No. 2014/08
Melissa Castan
Monash University - Faculty of Law
Date Posted: March 27, 2015
Last Revised: June 02, 2015
Accepted Paper Series
16 downloads

Incl. Electronic Paper Reimagining Copyright's Duration
What If We Could Reimagine Copyright? Rebecca Giblin & Kimberlee Weatherall, eds, ANU Press, 2016, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2014/09
Rebecca Giblin
Monash University - Faculty of Law
Date Posted: February 07, 2015
Last Revised: May 05, 2016
Accepted Paper Series
148 downloads

Incl. Electronic Paper Exemplary Damages for Invasions of Privacy
Journal of Media Law, Volume 6, Number 1, July 2014, 69-93, Monash University Faculty of Law Legal Studies Research Paper No. 2014/06
Normann Witzleb
Monash University - Faculty of Law
Date Posted: November 06, 2014
Last Revised: January 13, 2015
Accepted Paper Series
146 downloads

Incl. Electronic Paper We (Still) Need to Talk About Aereo: New Controversies and Unresolved Questions After the Supreme Court's Decision
38 Columbia Journal of Law & the Arts 109, Monash University Faculty of Law Legal Studies Research Paper No. 2014/04, Columbia Law and Economics Working Paper No. 516
Rebecca Giblin and Jane C. Ginsburg
Monash University - Faculty of Law and Columbia Law School
Date Posted: October 27, 2014
Last Revised: June 05, 2015
Accepted Paper Series
223 downloads

Incl. Electronic Paper The Use of Administrative Law to Enforce Human Rights
17 Australian Journal of Administrative Law 25, 2009
Janina Boughey
Monash University - Faculty of Law
Date Posted: October 19, 2014
Last Revised: April 29, 2016
Accepted Paper Series
63 downloads

Incl. Electronic Paper A Seed on Barren Ground? The ALRC's Recommendation for a Statutory Privacy Tort
(2014) 42 Australian Business Law Review 403-405, Monash University Faculty of Law Legal Studies Research Paper No. 2014/05
Normann Witzleb
Monash University - Faculty of Law
Date Posted: October 18, 2014
Last Revised: January 13, 2015
Accepted Paper Series
39 downloads

Incl. Electronic Paper Before the High Court: Minister for Immigration and Border Protection v SZSCA: Should Asylum Seekers Modify Their Conduct to Avoid Persecution?
(2014) 36(3) Sydney Law Review 541-556, Monash University Faculty of Law Legal Studies Research Paper 2014/01
Maria O'Sullivan
Monash University - Faculty of Law
Date Posted: October 15, 2014
Last Revised: November 10, 2014
Accepted Paper Series
44 downloads

Incl. Electronic Paper The Challenge to Privacy from Ever Increasing State Surveillance: A Comparative Perspective
University of New South Wales Law Journal, Vol. 37, No. 2, pp. 748-783, 2014, Monash University Faculty of Law Legal Studies Research Paper 2014/02
Konrad Lachmayer and Normann Witzleb
University of Vienna - Department of Constitutional and Administrative Law and Monash University - Faculty of Law
Date Posted: September 27, 2014
Last Revised: December 02, 2014
Accepted Paper Series
149 downloads

Incl. Electronic Paper ‘Equity Does Not Act in Vain’: An Analysis of Futility Arguments in Claims for Injunctions
(2010) 32(3) Sydney Law Review 503-531
Normann Witzleb
Monash University - Faculty of Law
Date Posted: September 25, 2014
Accepted Paper Series
51 downloads

Interim Injunctions for Invasions of Privacy: Challenging the Rule in Bonnard v. Perryman?
Normann Witzleb, David Lindsay, Moira Paterson and Sharon Rodrick (eds), Emerging Challenges in Privacy Law: Comparative Perspectives, Cambridge University Press, 2014, Monash University Faculty of Law Legal Studies Research Paper 2014/03
Normann Witzleb
Monash University - Faculty of Law
Date Posted: September 20, 2014
Last Revised: December 02, 2014
Accepted Paper Series

Incl. Electronic Paper Is a Specific Legal Framework for Indigenous Third Sector Broadcasting Necessary? A Look at the Australian Experience
Australian Indigenous Law Review 17(1) 2013, Monash University Faculty of Law Legal Studies Research Paper No. 2013/64
Fernando Mendez Powell
Florida State University - Republic of Panama
Date Posted: August 09, 2014
Last Revised: September 01, 2014
Accepted Paper Series
16 downloads

Incl. Electronic Paper Legal Capacity and Case Guardians - Part 2: Institution of Proceedings and Appointment of Case Guardians
Family Law Review, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2013/66
Brendan Ashdown
Monash University - Faculty of Law
Date Posted: August 04, 2014
Last Revised: September 01, 2014
Accepted Paper Series
17 downloads

Incl. Electronic Paper Legal Capacity and Case Guardians - Part 1: Legal Capacity
Family Law Review, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2013/65
Brendan Ashdown
Monash University - Faculty of Law
Date Posted: August 04, 2014
Last Revised: September 01, 2014
Accepted Paper Series
29 downloads

Incl. Electronic Paper Regulatory 'Desirables' for New Health Technologies
21(1) Medical Law Review 1-10, Winter 2013, Monash University Faculty of Law Legal Studies Research Paper No. 2013/69
Anne-Maree Farrell, Sarah Devaney, Tamara K. Hervey and Therese Murphy
La Trobe Law School, University of Manchester, University of Sheffield - Faculty of Law and University of Nottingham
Date Posted: July 26, 2014
Last Revised: May 09, 2016
Accepted Paper Series
16 downloads

Incl. Electronic Paper NDIS Beware: Pink Batts Below!
(2014) 39(2) Alternative Law Journal 89, Monash University Faculty of Law Legal Studies Research Paper No. 2013/67
Eric Windholz
Monash University - Faculty of Law
Date Posted: July 24, 2014
Last Revised: September 01, 2014
Accepted Paper Series
77 downloads

Incl. Electronic Paper Living a Life of Crime: The Ongoing Criminalisation of Homosexuality within the Commonwealth
(2014) 39(2) Alternative Law Journal 78, Monash University Faculty of Law Legal Studies Research Paper No. 2013/63
Paula Gerber
Monash University - Faculty of Law
Date Posted: July 21, 2014
Last Revised: July 29, 2014
Accepted Paper Series
169 downloads

Incl. Electronic Paper The Benefits of Clauses that Liquidate, Stipulate, Pre-Estimate or Agree Damages
(2012) 28 BCL 246, Monash University Faculty of Law Legal Studies Research Paper No. 2012/63
Richard Manly S.C.
Monash Faculty of Law
Date Posted: July 16, 2014
Accepted Paper Series
27 downloads

Incl. Electronic Paper The Use of Formulae to Calculate Liquidated Damages and Stipulated Sums
(2013) 29 BCL 127, Monash University Faculty of Law Legal Studies Research Paper No. 2013/58
Richard Manly S.C.
Monash Faculty of Law
Date Posted: July 16, 2014
Accepted Paper Series
541 downloads

Incl. Electronic Paper Breach No Longer Necessary: The High Court's Reconsideration of the Penalty Doctrine
(2013) 41 ABLR 314, Monash University Faculty of Law Legal Studies Research Paper No. 2013/57
Richard Manly S.C.
Monash Faculty of Law
Date Posted: July 16, 2014
Accepted Paper Series
35 downloads

Incl. Electronic Paper Comcare v. PVYW: Are Injuries Sustained While Having Sex on a Business Trip Compensable?
(2014) 36 Sydney Law Review 345-367, Monash University Faculty of Law Legal Studies Research Paper No. 2013/68
Eric Windholz
Monash University - Faculty of Law
Date Posted: June 28, 2014
Last Revised: September 01, 2014
Accepted Paper Series
31 downloads

Article 5: Prohibition of Slavery and Forced Labour
The EU Charter of Fundamental Rights: A Commentary, Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward, eds., Hart Publishing, 2014
Heli Askola
Monash University - Faculty of Law
Date Posted: June 27, 2014
Accepted Paper Series

Taking the Bait? Lessons from a ‘Hate Speech’ Prosecution
Canadian Journal of Law and Society, 2015, 30(1), 51-71, Monash University Faculty of Law Legal Studies Research Paper No. 2014/09
Heli Askola
Monash University - Faculty of Law
Date Posted: June 27, 2014
Last Revised: June 02, 2015
Accepted Paper Series

Incl. Electronic Paper Rights, Review and Reasonableness: The Implications of Canada's New Approach to Administrative Decision-Making and Human Rights for Australia
35 Sydney Law Review 283, 2013, Monash University Faculty of Law Legal Studies Research Paper No. 2013/62
Janina Boughey
Monash University - Faculty of Law
Date Posted: June 26, 2014
Last Revised: April 29, 2016
Accepted Paper Series
48 downloads

Incl. Electronic Paper When ISPs Become Copyright Police
18(2) IEEE Internet Computing 84, 2014 , Monash University Faculty of Law Legal Studies Research Paper No. 2013/55
Rebecca Giblin
Monash University - Faculty of Law
Date Posted: May 31, 2014
Last Revised: June 10, 2014
Accepted Paper Series
170 downloads

Incl. Electronic Paper Accommodating Language Difference: A Collaborative Approach to Justice in the Koori Court of Victoria
Monash University Faculty of Law Legal Studies Research Paper No. 2013/53
Natalie Stroud
Monash University - Faculty of Law
Date Posted: May 20, 2014
Last Revised: July 08, 2014
Working Paper Series
36 downloads

Relationship between Stressfulness of Claiming for Injury Compensation and Long-Term Recovery: A Prospective Cohort Study
JAMA Psychiatry, April 2014, 1;71(4):446-53, DOI: 10.1001/jamapsychiatry.2013.4023, Monash University Faculty of Law Legal Studies Research Paper No. #2013/49
Genevieve Grant, Meaghan L O'Donnell, Matthew J. Spittal, Mark Creamer and David M. Studdert
Monash University - Faculty of Law, University of Melbourne, University of Melbourne, University of Melbourne and University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences
Date Posted: May 08, 2014
Last Revised: June 03, 2014
Accepted Paper Series

Incl. Electronic Paper Routine Administration of Anti-D: The Eethical Case for Offering Pregnant Women Fetal RHD Genotyping and a Review of Policy and Practice
J Kent, AM Farrell and P Soothill, ‘Ethics, gender relations and blood safety: Women, Anti-D and the case for fetal genotyping testing’, (2014) BMC Pregnancy and Childbirth 14: 87 , Monash University Faculty of Law Legal Studies Research Paper No. 2013/51,
Julie Kent, Anne-Maree Farrell and Peter Soothill
University of the West of England (UWE), La Trobe Law School and University Hospitals Bristol - St Michaels Hospital
Date Posted: May 03, 2014
Last Revised: May 09, 2016
Accepted Paper Series
6 downloads


 

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