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Monash University Faculty of Law Legal Studies Research Paper Series
35,165 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

Monash University Law

Showing Papers 1 - 50 of 401
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Incl. Electronic Paper Claiming Justice in Injury Law
Genevieve Grant
Monash University - Faculty of Law
Date Posted: July 25, 2015
Working Paper Series
30 downloads

Incl. Electronic Paper Sentencing for Child Sexual Abuse in Institutional Contexts
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
Working Paper Series
5 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
Jonathan Clough
Monash University - Faculty of Law
Date Posted: June 09, 2015
Accepted Paper Series
44 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
27 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
13 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
13 downloads

Incl. Electronic Paper Rethinking Duration: Disaggregating Copyright's Rewards and Incentives via a System of Rolling Rights
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: June 10, 2015
Working Paper Series
85 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
110 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
159 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
Date Posted: October 19, 2014
Accepted Paper Series
34 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
20 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
32 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
93 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
22 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
Monash University - Faculty of Law
Date Posted: August 09, 2014
Last Revised: September 01, 2014
Accepted Paper Series
11 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
14 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
21 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
69 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
102 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
15 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
164 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
17 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
27 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
Date Posted: June 26, 2014
Last Revised: February 02, 2015
Accepted Paper Series
39 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
149 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
14 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) , Monash University - Faculty of Law and University Hospitals Bristol - St Michaels Hospital
Date Posted: May 03, 2014
Last Revised: June 03, 2014
Accepted Paper Series
5 downloads

Incl. Electronic Paper Re-Valuing Donor and Recipient Bodies in the Globalised Health Economy: Transitions in Public Policy on Blood Safety in the UK
(2014) 18(1) Health: An Interdisciplinary Journal for the Social Study of Health, Illness and Medicine, 79-94, Monash University Faculty of Law Legal Studies Research Paper No. 2013/50
Helen Busby , Julie Kent and Anne-Maree Farrell
University of Leicester , University of the West of England (UWE) and Monash University - Faculty of Law
Date Posted: May 01, 2014
Last Revised: June 03, 2014
Accepted Paper Series
12 downloads

Incl. Electronic Paper The CISG as Soft Law & Choice of Law: Gōjū Ryū?
Larry DiMatteo (Ed), International Sales Law: A Global Challenge (Cambridge 2014) (Pre-Publication Version), Monash University Faculty of Law Legal Studies Research Paper 2013/52
Lisa Spagnolo
Monash University - Faculty of Law
Date Posted: April 01, 2014
Last Revised: June 03, 2014
Working Paper Series
102 downloads

Incl. Electronic Paper Labour Trafficking in China: Analysis and Recommendations
(2013) 29(3) The International Journal of Comparative Labour Law and Industrial Relations 259-282, Monash University Faculty of Law Legal Studies Research Paper No. 2013/47
Sophia Kagan
Monash University
Date Posted: March 26, 2014
Accepted Paper Series
50 downloads

Human Rights and Religion in Australia: False Battle Lines and Missed Opportunities
(2013) 19(2) The Australian Journal of Human Rights 1-24., Monash University Faculty of Law Legal Studies Research Paper No. 2013/48
Rachel Ball
Columbia University
Date Posted: March 26, 2014
Accepted Paper Series

Habeas Corpus, Justiciability and Foreign Affairs
(2013) 11(3) New Zealand Journal of Public and International Law, 587-621, Monash University Faculty of Law Legal Studies Research Paper No. 2013/46
Matthew Groves
Monash University - Faculty of Law
Date Posted: March 25, 2014
Accepted Paper Series

Incl. Electronic Paper The Reality and Indispensability of Legislative Intention
(2014) 36 Sydney Law Review 39, Monash University Faculty of Law Legal Studies Research Paper No. 2013/45
Richard Ekins and Jeffrey Denys Goldsworthy
University of Oxford - Faculty of Law and Monash University - Faculty of Law
Date Posted: March 14, 2014
Accepted Paper Series
92 downloads

Legislative Intention Vindicated?
(2013) 33 Oxford Journal of Legal Studies 821, DOI: 10.1093/ojls/gqt016, Monash University Faculty of Law Legal Studies Research Paper No. 2013/44
Jeffrey Denys Goldsworthy
Monash University - Faculty of Law
Date Posted: March 14, 2014
Accepted Paper Series

Incl. Electronic Paper Exclusion of the Rules of Natural Justice
(2013) 39(2) Monash University Law Review 285-318, Monash University Faculty of Law Legal Studies Research Paper No. 2013/43
Matthew Groves
Monash University - Faculty of Law
Date Posted: February 25, 2014
Accepted Paper Series
104 downloads

Emailing Judges and Their Staff
(2013) 37 Australian Bar Review 69-90, Monash University Faculty of Law Legal Studies Research Paper No. 2013/41
Matthew Groves
Monash University - Faculty of Law
Date Posted: February 25, 2014
Last Revised: March 24, 2014
Accepted Paper Series

Incl. Electronic Paper Before the High Court. Reviewing Responses for Administrative Decisions: Wingfoot Australia Partners Pty Ltd v Kocak
(2013) 36 Sydney Law Review 627-654, Monash University Faculty of Law Legal Studies Research Paper No. 2013/42
Matthew Groves
Monash University - Faculty of Law
Date Posted: February 25, 2014
Accepted Paper Series
10 downloads

Incl. Electronic Paper Building Bridges in the Classroom: A View from the Academy
(2014) 30 BCL 24, Monash University Faculty of Law Legal Studies Research Paper No. 2013/54
Matthew Bell , Paula Gerber and Phil Evans
University of Melbourne Law School , Monash University - Faculty of Law and Curtin University, Curtin Law School
Date Posted: February 04, 2014
Last Revised: November 23, 2014
Accepted Paper Series
22 downloads

Incl. Electronic Paper Gatecrashing the Research Paradigm: Effective Integration of Online Technologies in Maximising Research Impact and Engagement in Legal Education
(2013) 6(1/2) Journal of the Australasian Law Teachers Association 83., Monash University Faculty of Law Legal Studies Research Paper No. 2013/37
Kate Galloway , Kristoffer Greaves and Melissa Castan
James Cook University , Deakin University, School of Education, Students and Monash University - Faculty of Law
Date Posted: January 10, 2014
Last Revised: January 14, 2014
Accepted Paper Series
41 downloads

Incl. Electronic Paper The 'Best Interests' of Asylum-Seeker Children: Who’s Guarding the Guardian?
Alternative Law Journal, Vol. 38, No. 4, pp 224-228, 2013, Monash University Faculty of Law Legal Studies Research Paper No. 2013/37
Maria O'Sullivan
Monash University - Faculty of Law
Date Posted: January 08, 2014
Last Revised: January 31, 2014
Accepted Paper Series
75 downloads

The Distinction between the Duty of Care and the Duties to Act Bona Fide in the Interests of the Company and for Proper Purposes
(2013) 31 Australian Business Law Review 337-353, Monash University Faculty of Law Legal Studies Research Paper No. 2013/34
Rosemary Teele Langford
Melbourne Law School
Date Posted: December 04, 2013
Last Revised: December 09, 2013
Accepted Paper Series

Directors' Fiduciary Duties: The Relationship between Conflicts, Profits and Bona Fides'
(2013) 31 Company and Securities Law Journal 423-436, Monash University Faculty of Law Legal Studies Research Paper No. 2013/33
Rosemary Teele Langford
Melbourne Law School
Date Posted: December 04, 2013
Last Revised: December 09, 2013
Accepted Paper Series

Incl. Electronic Paper What Do the .XXX Disputes Tell Us About Internet Governance? ICANN's Legitimacy Deficit in Context
Telecommunications Journal of Australia, Volume 63, Number 3, 2013 DOI: //dx.doi.org/10.7790/tja.v63i3.432, Monash University Faculty of Law Legal Studies Research Paper No. 2013/31
David F. Lindsay
Monash University - Faculty of Law
Date Posted: November 30, 2013
Last Revised: December 09, 2013
Accepted Paper Series
163 downloads

Incl. Electronic Paper ISP Liability for End-User Copyright Infringements: The High Court Decision in Roadshow Films v. iiNet
Telecommunications Journal of Australia, Volume 62, Number 4, 2012, Monash University Faculty of Law Legal Studies Research Paper No. 2013/32
David F. Lindsay
Monash University - Faculty of Law
Date Posted: November 30, 2013
Last Revised: December 09, 2013
Accepted Paper Series
117 downloads

Incl. Electronic Paper Broadcast Regulation in the Broadband Era
Telecommunications Journal of Australia, Volume 62, Number 3, 2012, Monash University Faculty of Law Legal Studies Research Paper No. 2013/30
David F. Lindsay
Monash University - Faculty of Law
Date Posted: November 30, 2013
Last Revised: December 09, 2013
Accepted Paper Series
25 downloads

Incl. Electronic Paper Serious Invasions of Privacy in the Digital Era (Australian Privacy Foundation Submission to the Australian Law Reform Commission)
UNSW Law Research Paper No. 2013-79, Monash University Faculty of Law Legal Studies Research Paper No. 2013/40
Bruce Arnold , David F. Lindsay , Graham Greenleaf , David Vaile , Nigel Waters and Roger Clarke
University of Canberra , Monash University - Faculty of Law , University of New South Wales, Faculty of Law , University of New South Wales (UNSW) - Faculty of Law , University of New South Wales (UNSW) - Faculty of Law and Xamax Consultancy Pty Ltd
Date Posted: November 29, 2013
Last Revised: September 07, 2014
Accepted Paper Series
71 downloads


 

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