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Monash University Faculty of Law Legal Studies Research Paper Series

Monash University Law
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1.

Evaluating Graduated Response

37 Columbia Journal of Law & the Arts 147-209 (2014), Monash University Faculty of Law Legal Studies Research Paper No. 2013/56
Number of pages: 63 Posted: 08 Sep 2013 Last Revised: 12 Jun 2014
Accepted Paper Series
Monash University - Faculty of Law
Downloads 2,801
2.

The Rule Against Bias

Hong Kong Law Journal, Vol. 39, p. 485, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2010/21
Number of pages: 22 Posted: 20 Oct 2010 Last Revised: 22 Apr 2011
Accepted Paper Series
La Trobe Law School
Downloads 1,171
3.

Restorative Justice, Therapeutic Jurisprudence and the Rise of Emotionally Intelligent Justice

Monash University Faculty of Law Legal Studies Research Paper No. 2009/11, Melbourne Univeristy Law Review, Vol. 32, p. 1096, 2008
Number of pages: 32 Posted: 04 Nov 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 1,088
4.

Rights, Privileges, Legitimate Interests, and Justifiabilty: Article 20 of TRIPS and Plain Packaging of Tobacco

(2014) 29 Am U Int'l L. Rev 505, Monash University Faculty of Law Legal Studies Research Paper No. 2013/24
Number of pages: 76 Posted: 08 Sep 2013 Last Revised: 17 Jun 2014
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 1,049
5.

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
Number of pages: 28 Posted: 16 Jul 2014
Accepted Paper Series
Monash University, Faculty of Law, Students
Downloads 755
6.

Human Dignity and Fundamental Freedoms - Global Values of Human Rights: A Response to Cultural Relativism

Number of pages: 54 Posted: 10 Dec 2008 Last Revised: 08 Oct 2009
Working Paper Series
Vietnamese Institute of Human Rights
Downloads 661
7.

Fair Use? Fair Dealing?

Copyright Reporter, Vol. 24, Nos. 1 & 2, pp. 20-37, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/09
Number of pages: 19 Posted: 11 Dec 2007 Last Revised: 15 Apr 2009
Accepted Paper Series
University of Adelaide - School of Law
Downloads 629
8.

Whose Rights? Children, Parents and Discipline

Alternative Law Journal, Vol. 34, No. 2, p. 80, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/37
Number of pages: 7 Posted: 18 May 2010
Accepted Paper Series
RMIT University - Graduate School of Business and Law and Monash University
Downloads 597
9.

Plain Packaging of Tobacco and the 'Right' to Use a Trade Mark

European Intellectual Property Review, No. 8, pp. 498-501, 2012, Monash University Faculty of Law Legal Studies Research Paper No. 2013/10
Number of pages: 4 Posted: 29 Aug 2012 Last Revised: 18 Jul 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 578
10.

International Commercial Arbitration and the Application of Mandatory Rules of Law

Asian International Law Journal, Vol. 5, No. 1, 2009, Faculty of Law, Monash University Research Paper No 2010/49
Number of pages: 47 Posted: 19 Aug 2011
Working Paper Series
Monash University - Faculty of Law
Downloads 542
11.

Deferred and Immediate Indefeasibility: Bijural Ambiguity in Registered Land Title Systems

Edinburgh Law Review, Vol. 13, No. 2, p. 194, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2010/16
Number of pages: 31 Posted: 15 Dec 2010
Accepted Paper Series
University of the Sunshine Coast - School of Law
Downloads 541
12.

Public Private Partnerships and Legitimacy

The University of New South Wales Law Journal, Vol. 29, No. 3, pp. 318-327, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/21
Number of pages: 11 Posted: 17 Dec 2007 Last Revised: 15 Apr 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 538
13.

The Limits of Judicial Fidelity to Law: The Coxford Lecture

Canadian Journal of Law and Jurisprudence, Vol. 24, No. 1, 2011, Monash University Faculty of Law Legal Studies Research Paper No. 14
Number of pages: 23 Posted: 31 Aug 2012
Accepted Paper Series
Monash University - Faculty of Law
Downloads 503
14.

Opening Pandora's Box: Good Faith and Precontractual Liability in the CISG

Temple International & Comparative Law Journal, Vol. 21, No. 2, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/37
Number of pages: 51 Posted: 04 Mar 2009 Last Revised: 16 Jun 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 478
15.

Conceptualising Social and Economic Regulation: Implications for Modern Regulators and Regulatory Activity

Monash University Law Review, Vol. 38, No. 2, pp. 212, 2012, Monash University Faculty of Law Legal Studies Research Paper No. 2012/05
Number of pages: 27 Posted: 12 Feb 2013 Last Revised: 15 Jul 2014
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 471
16.

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
Number of pages: 39 Posted: 09 Jun 2015 Last Revised: 06 Aug 2015
Accepted Paper Series
Monash University - Faculty of Law
Downloads 466
17.

The Bilateral Investment Treaty Dispute between Australia and Philip Morris Asia: What Rights are Relevant and How Have they Been Affected?

Transnational Dispute Management, Vol. 9, No. 5, November 2012
Number of pages: 9 Posted: 11 Feb 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 454
18.

Education About Human Rights: Strengths and Weaknesses of the UN Declaration on Human Rights Education and Training

Alternative Law Journal, Vol. 36, No. 4, pp. 245, 2011, Monash University Faculty of Law Legal Studies Research Paper No. 7
Number of pages: 6 Posted: 16 Aug 2012
Accepted Paper Series
Monash University - Faculty of Law
Downloads 445
19.

Variation of Parenting Orders and the Best Interests of Children: Are Some Categories of Change More Likely than Others to Satisfy the Rule in Rice and Asplund

Monash University Faculty of Law Legal Studies Research Paper No. 2007/42, Australian Journal of Family Law, Vol. 21, p. 1, 2007
Number of pages: 20 Posted: 18 May 2009
Accepted Paper Series
affiliation not provided to SSRN
Downloads 445
20.

Effective Justice for Victims of Sexual Assault: Taking Up the Debate on Alternative Pathways

University of New South Wales Law Journal, Vol. 33, p. 662, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 2010/53
Number of pages: 24 Posted: 18 Oct 2011
Accepted Paper Series
RMIT University - Graduate School of Business and Law
Downloads 444
21.

Justifying Criminal Sanctions for Cartel Conduct: A Hard Case

1(1) Journal of Antitrust Enforcement 198-219, 2013, DOI: 10.1093/jaenfo/jns009 , Monash University Faculty of Law Legal Studies Research Paper No. 2013/21
Number of pages: 34 Posted: 28 Aug 2013 Last Revised: 13 Aug 2014
Accepted Paper Series
Melbourne Law School and Melbourne Law School, University of Melbourne
Downloads 441
22.

Should Problem Solving Courts be Solution-Focused Courts?

Revista Juridica Universidad de Puerto Rico, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2010/15
Number of pages: 47 Posted: 15 Dec 2010 Last Revised: 22 Jul 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 426
23.

Abdicating and Limiting Parliament's Sovereignty

King's College Law Journal, Vol. 17, No. 2, pp. 675-693, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/16
Number of pages: 27 Posted: 17 Dec 2007 Last Revised: 15 Apr 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 412
24.

Substantive Legitimate Expectations in Australian Administrative Law

Monash University Faculty of Law Legal Studies Research Paper No. 2009-10
Number of pages: 55 Posted: 03 Nov 2009
Accepted Paper Series
La Trobe Law School
Downloads 411
25.

Post-Adversarial and Post-Inquisitorial Justice: Transcending Traditional Penological Paradigms

Monash University Faculty of Law Legal Studies Research Paper No. 2010/17
Number of pages: 27 Posted: 18 May 2010 Last Revised: 22 Jul 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 400
26.

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
Number of pages: 34 Posted: 25 Feb 2014
Accepted Paper Series
La Trobe Law School
Downloads 369
27.

The Case for Originalism

G Huscroft and B W Miller, eds, 'The Challenge of Originalism; Theories of Constitutional Interpretation' (Cambridge University Press, 2011), Monash University Faculty of Law Legal Studies Research Paper No. 2011/46
Number of pages: 15 Posted: 13 Feb 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 366
28.

Boatloads of Incongruity: The Evolution of Australia's Offshore Processing Regime

Australian Journal of Human Rights, Vol. 13, No. 33, 2007 , Monash University Faculty of Law Legal Studies Research Paper No. 2007/44
Number of pages: 29 Posted: 20 May 2009
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 361
29.

Causation and Breach of Fiduciary Duty

Monash University Faculty of Law Legal Studies Research Paper No. 2006/60, Singapore Journal of Legal Studies, pp. 86-107, July 2006
Number of pages: 23 Posted: 27 Feb 2008
Accepted Paper Series
Monash University - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 359
30.

A Re-Examination of Free Speech

Monash University Faculty of Law Legal Studies Research Paper No. 2017/05
Number of pages: 22 Posted: 23 Mar 2017 Last Revised: 18 Sep 2017
Working Paper Series
Monash University - Faculty of Law
Downloads 336
31.

Green Eggs and Ham: The CISG, Path Dependence, and the Behavioural Economics of Lawyers’ Choices of Law in International Sales Contracts

Journal of Private International Law, Vol. 6, No. 2, pp. 417-464, 2010
Number of pages: 38 Posted: 24 Aug 2010
Accepted Paper Series
Monash University - Faculty of Law
Downloads 334
32.

Reconciling Conflicting Rights in International Arbitration: The Right to Choice of Counsel and the Right to an Independent and Impartial Tribunal

Arbitration International, Vol. 26, No. 1, p. 597, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 2010/69
Number of pages: 27 Posted: 14 Mar 2012
Accepted Paper Series
Monash University - Faculty of Law
Downloads 332
33.

Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights

International Journal of Human Rights, Vol. 12, No. 1, p. 67, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/35
Number of pages: 23 Posted: 05 May 2010
Accepted Paper Series
Melbourne Social Equity Institute and The University of Melbourne - Law School
Downloads 330
34.

Treaties and Legitimate Expectations – The Rise and Fall of Teoh in Australia

Judicial Review, Vol. 15, No. 4, p. 323, 2010, Monash University Faculty of Law Legal Studies Research Paper No. 2010/34
Number of pages: 19 Posted: 30 Sep 2011 Last Revised: 14 Oct 2011
Accepted Paper Series
La Trobe Law School
Downloads 328
35.

Punishing the Parent: Corporate Criminal Complicity in Human Rights Abuses

Brooklyn Journal of International Law, Vol. 33, No. 3, p. 899, 2008, Monash University Faculty of Law Legal Studies Research Paper No. 2009-05
Number of pages: 35 Posted: 19 Oct 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 318
36.

Performance Auditing in the Public Sector: Reconceptualising the Task

Kells, S. and Hodge, GA. (2009) 'Performance Auditing in the Public Sector: Reconceptualising the Task,' The Journal of Contemporary Issues in Business and Government, Vol 15, Issue 2 pp. 36-60
Number of pages: 28 Posted: 21 Jul 2013 Last Revised: 19 Nov 2013
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 303
37.

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
Number of pages: 48 Posted: 27 Oct 2014 Last Revised: 05 Jun 2015
Accepted Paper Series
Monash University - Faculty of Law and Columbia University - Law School
Downloads 292
38.

Confidentiality in Therapeutic Relationships: The Need to Develop Comprehensive Guidelines for Mental Health Professionals

Monash University Faculty of Law Legal Studies Research Paper No. 2006/39, Psychiatry, Psychology and Law, Vol. 13, No. 1, pp. 124-131, 2006
Number of pages: 9 Posted: 28 Feb 2008
Accepted Paper Series
Monash University - Faculty of Law and Melbourne Social Equity Institute
Downloads 291
39.

The Last Outpost: Automatic CISG Opt Outs, Misapplications and the Costs of Ignoring the Vienna Sales Convention for Australian Lawyers

Melbourne Journal of International Law, Vol. 10, No. 1, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/01
Number of pages: 78 Posted: 25 Jul 2009 Last Revised: 01 Mar 2010
Accepted Paper Series
Monash University - Faculty of Law
Downloads 271
40.

The Sentencing Provisions of the International Criminal Court: Common Law, Civil Law, or Both?

Monash University Law Review, Vol. 33, p. 264, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/17
Number of pages: 27 Posted: 04 Mar 2009 Last Revised: 15 Apr 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 268
41.

What Can Mainstream Courts Learn from Problem-Solving Courts?

Alternative Law Journal, Vol. 32, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/20
Number of pages: 6 Posted: 04 Mar 2009 Last Revised: 15 Oct 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 267
42.

Non-Adversarial Justice and the Coroner's Court: A Proposed Therapeutic, Restorative, Problem-Solving Model

Journal of Law and Medicine, Vol. 16, p. 442, 2008, Monash University Faculty of Law Legal Studies Research Paper No. 2009/30
Number of pages: 23 Posted: 04 May 2010
Accepted Paper Series
Monash University - Faculty of Law
Downloads 262
43.

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
Number of pages: 23 Posted: 21 Aug 2015 Last Revised: 31 Mar 2016
Accepted Paper Series
Monash University - Faculty of Law and The University of Sydney Law School
Downloads 255
44.

Ronald Dworkin and the External Sceptic

Canadian Journal of Law and Jurisprudence, Vol. 19, No. 2, pp. 433-457, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/55
Number of pages: 23 Posted: 21 Jun 2007 Last Revised: 15 Apr 2009
Accepted Paper Series
The University of Melbourne - Law School
Downloads 253
45.

When Nobody Comes to the Party: Why Have No States Used the WTO Scheme for Compulsory Licensing of Essential Medicines?

The New Zealand Yearbook of International Law, Vol. 3, pp. 69-100, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/35
Number of pages: 33 Posted: 18 Dec 2007 Last Revised: 17 Feb 2014
Accepted Paper Series
Monash University - Faculty of Law
Downloads 252
46.

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
Number of pages: 24 Posted: 30 Nov 2013 Last Revised: 09 Dec 2013
Accepted Paper Series
UTS: Law
Downloads 247
47.

Health Professional-Patient Confidentiality: Does the Law Really Matter?

Journal of Law and Medicine, Vol. 15, No. 4, p. 489, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/27
Number of pages: 10 Posted: 20 Apr 2010
Accepted Paper Series
Melbourne Social Equity Institute
Downloads 245
48.

A Glimpse Through the Kaleidoscope: Choices of Law and the CISG (Kaleidoscopt Part 1)

Vindobona Journal of International Commercial Law & Arbitration, Vol. 13, p. 135, 2009
Number of pages: 22 Posted: 28 Nov 2009
Accepted Paper Series
Monash University - Faculty of Law
Downloads 244
49.

Free Speech, Racial Intolerance and the Right to Offend: Bolt before the Court

Joseph, S., 'Free speech, racial intolerance and the right to offend: Bolt before the court' (2011) 36(4) Alternative Law Journal 224, Monash University Faculty of Law Legal Studies Research Paper No. 2011/50
Number of pages: 8 Posted: 21 Feb 2013
Accepted Paper Series
Monash University - Faculty of Law
Downloads 244
50.

Without Sex: Slavery, Trafficking in Persons and the Exploitation of Labour in Australia

Alternative Law Journal, Vol. 34, No. 1, p. 4, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2010/38
Number of pages: 8 Posted: 18 Apr 2011
Accepted Paper Series
University of Copenhagen - Faculty of Law and Melbourne Social Equity Institute
Downloads 243