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Monash University Faculty of Law Legal Studies Research Paper Series

Monash University Law
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Viewing: 1 - 50 of 478 papers

1.

Consumer Protection, Modern Regulation, Paternalism and the Nanny State: Understanding the Legitimacy Challenge

(2018) 26 Competition & Consumer Law Journal 182, Monash University Faculty of Law Legal Studies Research Paper Forthcoming
Number of pages: 31 Posted: 05 Apr 2019
Working Paper Series
Monash University - Faculty of Law
Downloads 9
2.

Let the Asylum Seekers Stay: Strengths and Weaknesses of Church Sanctuary as a Strategy for Law Reform

Monash University Law Review, Forthcoming
Number of pages: 21 Posted: 13 Mar 2019
Accepted Paper Series
Monash University - Faculty of Law
Downloads 10
3.

Improving Australia’s Regulatory Framework for Systemic Financial Stability

29(3) Journal of Banking and Finance Law and Practice (2018): 183-209, Monash University Faculty of Law Legal Studies Research Paper No. 3284956
Number of pages: 30 Posted: 09 Dec 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 23
4.

The Real Standard Picture, and How Facts Make It Law: A Response to Mark Greenberg

Monash University Faculty of Law Legal Studies Research Paper No. 3262448
Number of pages: 49 Posted: 04 Nov 2018
Working Paper Series
Monash University - Faculty of Law
Downloads 92
5.

Article 12 and Judicial Review of Administrative Action: An Analysis

Forthcoming in Indian Law Review, Monash University Faculty of Law Legal Studies Research Paper No. 3232548
Posted: 25 Aug 2018
Accepted Paper Series
Monash University, Melbourne
6.

Work Health and Safety Laws and Professional Sport: New Zealand and Australia Compared

(2016) 11 Australian and New Sports Law Journal 1-25
Number of pages: 21 Posted: 14 Aug 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 6
7.

Dishonouring the Australian Flag

44 Monash University Law Review 2018, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper
Number of pages: 15 Posted: 26 Jul 2018 Last Revised: 09 Aug 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 12
8.

Executives

Terence Daintith and Yee-Fui Ng, ‘Executives’ in Cheryl Saunders and Adrienne Stone (eds), The Oxford Handbook of the Australian Constitution (New York: Oxford University Press): 587-616., Monash University Faculty of Law Legal Studies Research Paper,
Number of pages: 54 Posted: 15 Jul 2018 Last Revised: 09 Aug 2018
Accepted Paper Series
University of London - School of Advanced Studies and Monash University - Faculty of Law
Downloads 19
9.

Should Investment Treaties Contain Public Policy Exceptions?

Boston College Law Review, Symposium Edition, Reforming International Investment Law: Opportunities, Challenges, Paradigms, 2018, Monash University Faculty of Law Legal Studies Research Paper No. 3209902
Number of pages: 20 Posted: 11 Jul 2018 Last Revised: 19 Apr 2019
Accepted Paper Series
Monash University - Faculty of Law
Downloads 110
10.

The French Court and the Principle of Legality

University of New South Wales Law Journal, Vol. 41, No. 2, 2018, Monash University Faculty of Law Legal Studies Research Paper
Number of pages: 48 Posted: 28 Jun 2018 Last Revised: 09 Aug 2018
Accepted Paper Series
Monash University, Faculty of Law, Students
Downloads 33
11.

Determinations Under the Privacy Act 1988 (Cth) as a Privacy Remedy

JNE Varuhas and NA Moreham (eds), Remedies for Breach of Privacy (Oxford, Hart Publishing, 2018), Monash University Faculty of Law Legal Studies Research Paper
Number of pages: 32 Posted: 19 Jun 2018 Last Revised: 09 Aug 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 23
12.

Governing Through Regulation: Public Policy, Regulation and the Law

Governing Through Regulation: Public Policy, Regulation and the Law, 2017, ISBN: 978-1138935587
Posted: 18 Jun 2018
Accepted Paper Series
Monash University - Faculty of Law
13.

When is Personal Data 'About' or 'Relating To' an Individual? A Comparison of Australian, Canadian and EU Data Protection and Privacy Laws

Monash University Faculty of Law Legal Studies Research Paper No. 3189376
Number of pages: 22 Posted: 18 Jun 2018
Working Paper Series
Monash University - Faculty of Law and Goethe University Frankfurt - Faculty of Law
Downloads 94
14.

‘Personal Information’ under the Privacy Act 1988 (Cth) - Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4

(2017) 45 Australian Business Law Review 188-192, Monash University Faculty of Law Legal Studies Research Paper No. 3174660
Number of pages: 5 Posted: 30 May 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 24
15.

Should the MFN within Investment Treaties Exclude Dispute Resolution? - An Evaluation of the Australian Approach

35 Australian Yearbook of International Law 2017 (Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 3171268
Number of pages: 46 Posted: 14 May 2018
Accepted Paper Series
School of Law, Monash University
Downloads 28
16.

Application of MFN to the Substantive Standards: Why Should We Re-investigate the Uncontested?

Manchester Journal of International Economic Law, Vol. 15, No. 1, 2018, Monash University Faculty of Law Legal Studies Research Paper No. 3171272
Number of pages: 37 Posted: 13 May 2018
Accepted Paper Series
School of Law, Monash University
Downloads 42
17.

The Need for Reform of Australia's Birth Registration Systems

Ron Levy et al, New Directions for Law in Australia: Essays in Contemporary Law Reform (ANU Press 2017), Monash University Faculty of Law Legal Studies Research Paper No. 2018-6
Number of pages: 11 Posted: 20 Feb 2018
Working Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 16
18.

Re-Evaluating Legal Citation in a Digital Landscape

Legal Information Management, Volume 17, Issue 3, pp. 190-205, September 2017, Monash University Faculty of Law Legal Studies Research Paper No. 2018-5
Posted: 16 Feb 2018
Working Paper Series
Monash University - Faculty of Law and Bond University
19.

Blended Learning in the Law Classroom: Design, Implementation and Evaluation of an Intervention in the First Year Curriculum

Legal Education Review: Vol. 27, Iss. 1, Article 13, 2017, Monash University Faculty of Law Legal Studies Research Paper No. 2018-4
Number of pages: 20 Posted: 15 Feb 2018
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 70
20.

Surrogacy

Ronli Sifris, 'Surrogacy' in Ian Freckelton and Kerry Petersen (eds) Tensions and Traumas in Health Law (2017, The Federation Press), Monash University Faculty of Law Legal Studies Research Paper No. 2018-8
Posted: 31 Jan 2018
Accepted Paper Series
Monash University - Faculty of Law
21.

Dropping the Ball or Holding the Line? Challenges to Abortion Laws in the Nordic Countries

Women's Studies International Forum 66, 25-32, Monash University Faculty of Law Legal Studies Research Paper No. 2018-3
Posted: 31 Jan 2018
Accepted Paper Series
Monash University - Faculty of Law
22.

Wind from the North, Don't Go Forth? Gender Equality and the Rise of Populist Nationalism in Finland

European Journal of Women's Studies (2017), Monash University Faculty of Law Legal Studies Research Paper No. 2018-2
Posted: 31 Jan 2018
Accepted Paper Series
Monash University - Faculty of Law
23.

The Role of Religion in the Law of Royal Succession in Canada and Australia

Queen's Law Journal, Vol. 43, No. 1, 2018, pp. 53-84, Monash University Faculty of Law Legal Studies Research Paper No. 2018-7
Number of pages: 32 Posted: 22 Jan 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 63
24.

The Program Risks of Work-Integrated Learning: A Study of Australian University Lawyers

Journal of Higher Education Policy and Management, 40(1), 67-80, doi 10.1080/1360080X.2017.1377969, Monash University Faculty of Law Legal Studies Research Paper No. 2018-01
Posted: 12 Jan 2018 Last Revised: 28 Mar 2018
Accepted Paper Series
Griffith University, Griffith University - Griffith Business School, Griffith Law School and Independent
25.

Consumer Leases and Indigenous Consumers

Australian Indigenous Law Review, Vol. 20, No. 1, pp. 154-177, 2017, Monash University Faculty of Law Legal Studies Research Paper No. 3089495, U of Melbourne Legal Studies Research Paper No. 803
Number of pages: 25 Posted: 21 Dec 2017 Last Revised: 12 Dec 2018
Accepted Paper Series
University of Melbourne - Law School, Monash University - Faculty of Law, University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 48
26.

Risks and Rewards of Externships: Exploring Goals and Methods

Monash University Faculty of Law Legal Studies Research Paper No. 3071105, CUA Columbus School of Law Legal Studies Research Paper No. 2018-6
Number of pages: 26 Posted: 16 Nov 2017
Working Paper Series
University of Utah S. J. Quinney College of Law, Griffith Law School and Catholic University of America (CUA) - Columbus School of Law
Downloads 43
27.

Government Accountability As a ‘Constitutional Value’

Forthcoming, Rosalind Dixon (ed), Australian Constitutional Values (Hart Publishing, 2018) 99, Monash University Faculty of Law Legal Studies Research Paper No. 3060113
Number of pages: 43 Posted: 27 Oct 2017
Working Paper Series
Monash University - Faculty of Law and ANU Law School
Downloads 118
28.

Social Workers as Collaborators? The Ethics of Working within Australia's Asylum System

Ethics and Social Welfare, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 3059397
Number of pages: 26 Posted: 27 Oct 2017
Accepted Paper Series
RMIT University and Monash University, Faculty of Law, Students
Downloads 30
29.

The South China Sea Award: How Should We Read the UN Convention on the Law of the Sea?

Asian Journal of International Law, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 3055464
Number of pages: 13 Posted: 19 Oct 2017 Last Revised: 12 Nov 2017
Accepted Paper Series
University of New South Wales (UNSW) - Australian Defence Force Academy
Downloads 105
30.

100 Years of Open Justice in Family Law Proceedings in Australia

Legal History, Volume 16, No. 2, 2016; ISBN 978-1-925588-18-7 , Monash University Faculty of Law Legal Studies Research Paper No. 3045832
Number of pages: 52 Posted: 02 Oct 2017
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 79
31.

Not for Export: The Failure of Australia’s Extraterritorial Processing Regime in Papua New Guinea and the Decision of the PNG Supreme Court in Namah (2016)

Monash University Law Review, Vol 42, No 2, 2016, p. 308-228
Number of pages: 31 Posted: 30 Aug 2017
Accepted Paper Series
Monash University - Faculty of Law and Monash University - Faculty of Law
Downloads 20
32.

Victoria's Traditional Owner Settlement Act and Indigenous Management of Water Resources: An Improvement on the Native Title Act or More of the Same?

Indigenous Law Bulletin, Vol. 8(26), p, 21, September/October 2016, Monash University Faculty of Law Legal Studies Research Paper No. 3018013
Number of pages: 5 Posted: 15 Aug 2017
Accepted Paper Series
Monash University Faculty of Law
Downloads 16
33.

Public-Private Arbitration in Australia: Public Law Concerns, Private Law Responses

Stephan Schill (ed), The Comparative Constitutional Law of Private-Public Arbitration (Oxford University Press, 2018 Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 3013518
Number of pages: 16 Posted: 08 Aug 2017 Last Revised: 13 Apr 2018
Accepted Paper Series
Monash University - Faculty of Law
Downloads 60
34.

Judge-Made Law: The ‘Menhennit Ruling’ and Abortion Law Reform in Victoria

Victorian Historical Journal, Volume 88, Number 1, June 2017, Monash University Faculty of Law Legal Studies Research Paper No. 3011276
Number of pages: 17 Posted: 02 Aug 2017
Accepted Paper Series
RMIT University - Graduate School of Business and Law
Downloads 24
35.

University Employees and Intellectual Property

Number of pages: 56 Posted: 18 Jul 2017
Working Paper Series
Monash University - Faculty of Law
Downloads 29
36.

Funding Innovation and Commercialisation

Commercialisation of Intellectual Property, 2017, ISBN: 9780409340648, Monash University Faculty of Law Legal Studies Research Paper No. 3000696
Number of pages: 27 Posted: 18 Jul 2017
Accepted Paper Series
Monash University - Faculty of Law
Downloads 126
37.

Proportionality and the Separation of Powers in Constitutional Review: Examining the Role of Judicial Deference

45(2) Federal Law Review (2017), Monash University Faculty of Law Legal Studies Research Paper No. 2996345
Number of pages: 17 Posted: 06 Jul 2017 Last Revised: 19 Apr 2019
Accepted Paper Series
Monash University - Faculty of Law
Downloads 159
38.

Drug and Specialist Courts Review: Final Report

Monash University Faculty of Law Legal Studies Research Paper No. 2991602
Number of pages: 321 Posted: 26 Jun 2017
Working Paper Series
Monash University - Faculty of Law, Australian National University (ANU), Independent, Australian Institute of Criminology and Australian National University (ANU)
Downloads 116
39.

Who Will Care for Grandma? Older Women, Parent Visas, and Australia's Migration Program

Australian Feminist Law Journal, Vol. 42(2), p. 297-319, 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2971365
Posted: 22 May 2017
Working Paper Series
Monash University - Faculty of Law
40.

Section 32(1) of the Charter: Confining Statutory Discretions Compatibly with Charter Rights?

Monash University Faculty of Law Legal Studies Research Paper 2017/07
Number of pages: 30 Posted: 13 Apr 2017 Last Revised: 18 Sep 2017
Accepted Paper Series
Monash University, Faculty of Law, Students
Downloads 24
41.

Australian Best Practices - A Comparison with the United Kingdom and the United States

Chapter 10 in: Australian Clinical Legal Education, ANU Press (February 2017), Washington University in St. Louis Legal Studies Research Paper, Monash University Faculty of Law Legal Studies Research Paper No. 2017/06
Number of pages: 24 Posted: 01 Apr 2017 Last Revised: 18 Sep 2017
Accepted Paper Series
Washington University in St. Louis - School of Law, Monash University - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Griffith Law School, La Trobe Law School and The University of Sydney Law School
Downloads 36
42.

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 356
43.

‘Substantial Similarity’ Under Australian Design Law: Application to 3D Printing

Dinusha Mendis, Mark Lemley and Matthew Rimmer (eds), 3D Printing and Beyond: The Intellectual Property and Legal Implications Surrounding 3D Printing and Emerging Technologies (Edward Elgar, 2017) (Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 2017/04
Number of pages: 23 Posted: 14 Mar 2017 Last Revised: 18 Sep 2017
Accepted Paper Series
affiliation not provided to SSRN
Downloads 67
44.

State Responsibility and Cyberattacks: Defining Due Diligence Obligations

4(2) The Indonesian Journal of International and Comparative Law 191-260 (Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 2907662
Number of pages: 70 Posted: 02 Feb 2017 Last Revised: 22 Feb 2017
Accepted Paper Series
Monash University, Faculty of Law, Students
Downloads 146
45.

Regulating for Broadcasting Diversity: Balancing Economic and Social Values in the Public Interest

G. Gounalakis and G. Taylor (eds), Media Diversity Law: Australia and Germany Compared (Peter Lang Academic Research, 2016) 99-124, Monash University Faculty of Law Legal Studies Research Paper No. 2017/02
Number of pages: 21 Posted: 09 Jan 2017 Last Revised: 06 Feb 2017
Accepted Paper Series
Monash University - Faculty of Law
Downloads 23
46.

The Evolution of a Modern (and More Legitimate) Regulator: A Case Study of the Victorian Environment Protection Authority

(2016) 3 Australian Journal of Environmental Law 17-43, Monash University Faculty of Law Legal Studies Research Paper No. 2017/03
Number of pages: 27 Posted: 08 Jan 2017 Last Revised: 05 Feb 2017
Accepted Paper Series
Monash University - Faculty of Law
Downloads 90
47.

The Sanctity of Asylum: The Legality of Church Sanctuary in Australia

(2016) 41(4) Alternative Law Journal, Monash University Faculty of Law Legal Studies Research Paper No. 2017/01
Number of pages: 5 Posted: 04 Jan 2017 Last Revised: 05 Feb 2017
Accepted Paper Series
Monash University - Faculty of Law
Downloads 34
48.

Protecting Human Rights In Detention: Rights, Monitoring and OPCAT

Alternative Law Journal 41(3) 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/10
Number of pages: 4 Posted: 07 Nov 2016 Last Revised: 07 Dec 2016
Accepted Paper Series
RMIT University - Graduate School of Business and Law
Downloads 86
49.

Human Rights and Their Application in Prisons

(2016) 227 Prison Service Journal 17-22, Monash University Faculty of Law Legal Studies Research Paper No. 2016/9
Number of pages: 6 Posted: 01 Nov 2016 Last Revised: 13 Mar 2017
Accepted Paper Series
RMIT University - Graduate School of Business and Law
Downloads 61
50.

Reframing Public Inquiries as 'Procedural Justice' for Victims of Institutional Child Abuse: Towards a Hybrid Model of Justice

(2016) 38 Sydney Law Review 277-309, Monash University Faculty of Law Legal Studies Research Paper No. 2016/8
Number of pages: 34 Posted: 01 Nov 2016 Last Revised: 07 Dec 2016
Accepted Paper Series
Queen's University Belfast - School of Law and RMIT University - Graduate School of Business and Law
Downloads 30