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University of Melbourne Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,056 papers

1.

The 'Creditors' Interests Duty': When Does It Arise and What Does It Require?

Law Quarterly Review, Vol. 135, No. 3, pp. 385‐390, 2019,
Number of pages: 6 Posted: 17 Jul 2019
Accepted Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 3
2.

The Evolution of National Security at the Interface between Domestic and International Investment Law and Policy: The Role of China

Forthcoming, Journal of World Investment & Trade
Number of pages: 49 Posted: 15 Jul 2019
Accepted Paper Series
Corrs Chambers Westgarth and University of Melbourne - Law School
Downloads 3
3.

Platform Power and Privacy Protection: A Case for Policy Innovation

CPI Antitrust Chronicle, September, 2018, U of Melbourne Legal Studies Research Paper No. 829
Number of pages: 10 Posted: 12 Jul 2019
Accepted Paper Series
Melbourne Law School
Downloads 6
4.

Leniency Policies: Revolution or Religion? (Introduction)

C Beaton-Wells and C Tran (eds), Anti-Cartel Enforcement in a Contemporary Age, Hart Publishing (2015) , U of Melbourne Legal Studies Research Paper
Number of pages: 11 Posted: 12 Jul 2019
Working Paper Series
Melbourne Law School
Downloads 4
5.

Post-Soviet Constitution Making

Forthcoming, Hanna Lerner and David Landau (eds), Comparative Constitution Making, Edward Elgar Publishing (2019), U of Melbourne Legal Studies Research Paper No. 830
Number of pages: 42 Posted: 12 Jul 2019
Accepted Paper Series
Melbourne Law School
Downloads 5
6.

International Involvement in Constitution Making

U of Melbourne Legal Studies Research Paper
Number of pages: 25 Posted: 08 Jul 2019
Working Paper Series
University of Melbourne - Law School
Downloads 46
7.

Prefiguring Feminist Judgment in International Law

Forthcoming, T Lavers and L Hodson (eds), Feminist Judgments in International Law, Hart Publishing (2019), U of Melbourne Legal Studies Research Paper No. 826
Number of pages: 14 Posted: 03 Jul 2019 Last Revised: 05 Jul 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 34
8.

The Frailties of Human Memory the Accused's Right to Accurate Procedures

U of Melbourne Legal Studies Research Paper No. 825 (2019)
Number of pages: 20 Posted: 03 Jul 2019 Last Revised: 12 Jul 2019
Working Paper Series
Melbourne Law School
Downloads 28
9.

The 'Labour Relationship' in Chinese Jurisprudence: Mistranslating Definitional Barriers to Labour Protection

U of Melbourne Legal Studies Research Paper No. 824, June 2019
Number of pages: 26 Posted: 03 Jul 2019
Working Paper Series
University of Melbourne - Law School
Downloads 3
10.

Challenges of Multi-Level Constitutionalism

Forthcoming, E Fisher, J King and A Young (eds), The Foundations and Future of Public Law, Oxford University Press, U of Melbourne Legal Studies Research Paper No. 823
Number of pages: 30 Posted: 03 Jul 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 8
11.

The Distinctive Features of Women in the Australian Bankruptcy System: An Empirical Study

Australian Journal of Social Issues, Vol. 54, No. 2, pp. 173-190, 2019
Number of pages: 24 Posted: 03 Jul 2019
Accepted Paper Series
Melbourne Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 4
12.

Energy Re-Investment

Indiana Law Journal, Vol. 94, No. 365, 2019
Number of pages: 58 Posted: 01 Jul 2019
Accepted Paper Series
Pennsylvania State University, Penn State Law, University of Melbourne - Law School, University of Minnesota Law School and Monash University
Downloads 11
13.

Restraining 'Extraneous' Prejudicial Publicity: Victoria and New South Wales Compared

University of New South Wales Law Journal, Vol. 41, No. 4, 2018, U of Melbourne Legal Studies Research Paper, No. 827
Number of pages: 35 Posted: 28 Jun 2019 Last Revised: 04 Jul 2019
Accepted Paper Series
University of Melbourne
Downloads 11
14.

OECD-Inspired Reform: The Case of Corporate Fines for Cartel Conduct

in N Charbit and E Ramundo (eds), Frédéric Jenny: Standing Up for Convergence and Relevance in Antitrust, Liber Amircorm, Volume I, Institute of Competition Law, Concurrences (2018), 221-241 , U of Melbourne Legal Studies Research Paper ,
Number of pages: 24 Posted: 25 Jun 2019
Accepted Paper Series
Melbourne Law School and Melbourne Law School
Downloads 4
15.

Substance and Process in Competition Law and Enforcement: Why We Should Care If It's Not Fair

in P Nihoul and T Skoczny (eds), Procedural Fairness in Competition Proceedings, Edward Elgar Publishing (2015), U of Melbourne Legal Studies Research Paper
Number of pages: 39 Posted: 25 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 2
16.

Testing the Effectiveness of Immunity Policies for Cartel Conduct: Reflections and Proposals

in N Perram (ed), International Commercial Law and Arbitration Perspectives, Ross Parsons Centre of Commercial, Corporate and Taxation Law (2014), 215-252, U of Melbourne Legal Studies Research Paper
Number of pages: 26 Posted: 25 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 2
17.

Leniency Policies: Testing for Effectiveness

in N Charbit and E Ramundo (eds), William E. Kovacic: An Antitrust Tribute - Volume II, Concurrences (2014), 303-317, U of Melbourne Legal Studies Research Paper
Number of pages: 21 Posted: 25 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 1
18.

Criminal Sanctions for Cartels - The Jury Is Still Out

in A Ezrachi (ed), International Research Handbook in Competition Law, Edward Elgar Publishing (2012), 27-45, U of Melbourne Legal Studies Research Paper
Number of pages: 31 Posted: 25 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 1
19.

The Singaporean Court of Appeal on Proprietary Estoppel Remedies

LQR, Forthcoming
Number of pages: 7 Posted: 21 Jun 2019
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 3
20.

‘Sham Trusts’ and Ascertaining Intentions to Create A Trust

(2018) 12 Journal of Equity 237
Number of pages: 23 Posted: 16 Jun 2019
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 24
21.

Constructive Trusts in Sri Lanka: A Model for an Expansive Approach

Australian Journal of Asian Law, Forthcoming
Number of pages: 18 Posted: 16 Jun 2019
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 10
22.

Removal of Directors of Public Companies by Shareholders: When Do Companies Contract Out of the Corporations Act?

Company and Securities Law Journal, Vol. 37, No. 1, pp. 54-57, 2019
Number of pages: 5 Posted: 15 Jun 2019
Accepted Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 15
23.

Criminalising Cartels: Why Critical Studies?

in C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement, Hart Publishing (2011), 3-23, U of Melbourne Legal Studies Research Paper
Number of pages: 29 Posted: 14 Jun 2019
Accepted Paper Series
Melbourne Law School and University of Oxford - Faculty of Law
Downloads 3
24.

Cartel Criminalisation and the Australian Competition and Consumer Commission: Opportunities and Challenges

in C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement, Hart Publishing (2011), 183-199, U of Melbourne Legal Studies Research Paper
Number of pages: 24 Posted: 14 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 2
25.

Australia's Criminalisation of Cartels: Will It be Contagious?

in J Drexel, W Grimes, C Jones, R Peritz and E Swaine (eds), More Common Ground for International Competition Law?, Edward Elgar Publishing (2011), 148-173, U of Melbourne Legal Studies Research Paper
Number of pages: 43 Posted: 14 Jun 2019
Accepted Paper Series
Melbourne Law School
Downloads 1
26.

Transnational Climate Litigation: The Contribution of the Global South

Jacqueline Peel and Jolene Lin, Transnational Climate Litigation: The Contribution of the Global South, 113(3) American Journal of International Law (2019) (Forthcoming)
Number of pages: 95 Posted: 24 May 2019
Accepted Paper Series
University of Melbourne - Law School and National University of Singapore (NUS) - Faculty of Law
Downloads 39
27.

The Origins and Evolution of the Statutory Duties of Trade Union Officers

Australian Business Law Review, Vol. 47, No. 1, pp. 23-39, 2019
Number of pages: 21 Posted: 20 May 2019
Accepted Paper Series
Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 77
28.

Resolving Discrimination Claims Outside the Courts: Alternative Dispute Resolution in Australia and the United Kingdom

(2019) 31 Australian Journal of Labour Law 253–278,
Number of pages: 25 Posted: 30 Apr 2019
Working Paper Series
Melbourne Law School, the University of Melbourne and Labour, Equality and Human Rights research group, Department of Business Law
Downloads 32
29.

Impacts of Financial Literacy and Confidence on the Severity of Financial Hardship in Australia

Australasian Accounting, Business and Finance Journal, Vol. 12, No. 4, pp 4-23, 2018
Number of pages: 23 Posted: 18 Apr 2019
Accepted Paper Series
University of Melbourne - Law School, University of Melbourne - Faculty of Education, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 33
30.

Does Section 191 of the Corporations Act Include Conflicting Duties?

Company and Securities Law Journal, Vol. 36, No. 7, pp. 587-592, 2019
Number of pages: 8 Posted: 03 Apr 2019 Last Revised: 30 Apr 2019
Working Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 17
31.

More to Lose: The Attributes of Involuntary Bankruptcy

Economic Papers, Vol. 38, No. 1, pp. 15-26, 2019
Number of pages: 15 Posted: 02 Apr 2019
Accepted Paper Series
Melbourne Law School, University of Melbourne - Faculty of Education, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 15
32.

Freedom of Expression in Asia

Forthcoming, Lau, Law and Schwartz (eds), Oxford Handbook of Constitutional Law in Asia, Oxford University Press, U of Melbourne Legal Studies Research Paper No. 820 (2019)
Number of pages: 22 Posted: 19 Mar 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 59
33.

The Human Rights Implications of Australian and Indonesian Anti-Smuggling Laws

International Journal of Migration and Border Studies, Vol 4, No. 4, 2018, U of Melbourne Legal Studies Research Paper No. 817
Number of pages: 20 Posted: 19 Mar 2019
Accepted Paper Series
University of Melbourne - Law School and Monash University - Faculty of Arts
Downloads 20
34.

Australia and International Environmental Law in 2018

Forthcoming, Yearbook of International Environmental Law (Volume 29) , U of Melbourne Legal Studies Research Paper No. 821
Number of pages: 11 Posted: 19 Mar 2019
Accepted Paper Series
Independent and University of Melbourne - Law School
Downloads 56
35.

An Ecological Approach to Regulatory Studies?

Journal of Law and Society, Vol. 45, No. 1, 2018, U of Melbourne Legal Studies Research Paper No. 819
Number of pages: 16 Posted: 19 Mar 2019
Accepted Paper Series
Melbourne Law School, University of Melbourne and University of Melbourne School of Social and Political Sciences

Multiple version iconThere are 2 versions of this paper

Downloads 17
36.

An Analysis of the Enforcement of the Statutory Duty of Care by the Australian Securities and Investments Commission

Company and Securities Law Journal, Vol. 36, No. 6, pp. 497-521, 2019
Number of pages: 26 Posted: 06 Mar 2019 Last Revised: 30 Apr 2019
Accepted Paper Series
Melbourne Law School - University of Melbourne and Deakin University
Downloads 67
37.

Viewpoint Discrimination, Hate Speech Law and the Double-Sided Nature of Freedom of Speech

Constitutional Commentary, Vol. 32, No. 3, 2017, 687-696, U of Melbourne Legal Studies Research Paper No. 815
Number of pages: 8 Posted: 21 Feb 2019 Last Revised: 22 Feb 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 33
38.

The Promise of Ecological Regulation: The Case of Intensive Meat

Jurimetrics, Vol. 59, 2018, pp. 15-42
Number of pages: 29 Posted: 21 Feb 2019
Accepted Paper Series
Melbourne Law School, University of Melbourne, University of Melbourne School of Social and Political Sciences and University of Melbourne - Melbourne Law School
Downloads 42
39.

Expression

in Cheryl Saunders and Adrienne Stone (eds), The Oxford Handbook of the Australian Constitution, Oxford University Press (2018), U of Melbourne Legal Studies Research Paper
Number of pages: 24 Posted: 21 Feb 2019 Last Revised: 28 Mar 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 20
40.

The Security Exception in WTO Law: Entering a New Era

AJIL Unbound (2019) vol 113, pp 45-50
Number of pages: 6 Posted: 14 Feb 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 33
41.

From Safety Nets to Support Networks: Beyond 'Vulnerability' in Protection for Consumers with Cognitive Disabilities

University of New South Wales Law Journal, Vol. 41, No. 2, 2018, U of Melbourne Legal Studies Research Paper No. 810
Number of pages: 29 Posted: 01 Feb 2019
Accepted Paper Series
Melbourne Social Equity Institute, University of Melbourne - Law School, University of Melbourne - Law School, Melbourne Social Equity Institute and University of Melbourne - Melbourne School of Population and Global Health
Downloads 8
42.

Sustainable Health Food Choices: The Promise of 'Holistic' Dietary Guidelines as a National and International Policy Springboard

QUT Law Review, Vol. 18, No. 1, 2018, 1-44, U of Melbourne Legal Studies Research Paper No. 809
Number of pages: 45 Posted: 01 Feb 2019
Accepted Paper Series
Melbourne Law School, University of Melbourne and Queensland University of Technology - Faculty of Law
Downloads 6
43.

'This Is a Complex Issue': A Few More Questions about Fair Use

Australian Intellectual Property Journal, Vol. 28, No. 3, 2018, 97-106, U of Melbourne Legal Studies Research Paper No. 808
Number of pages: 11 Posted: 01 Feb 2019
Accepted Paper Series
Victoria University of Wellington
Downloads 21
44.

Judicial Reasoning

in Cheryl Saunders and Adrienne Stone (eds), The Oxford Handbook of the Australian Constitution, Oxford University Press (2018), U of Melbourne Legal Studies Research Paper No. 807
Number of pages: 15 Posted: 01 Feb 2019
Accepted Paper Series
University of Melbourne - Law School
Downloads 40
45.

Consumer Protection, Statute and the Ongoing Influence of the General Law in Singapore

Singapore Academy Law Journal, Vol. 28, 2016, U of Melbourne Legal Studies Research Paper
Number of pages: 32 Posted: 01 Feb 2019
Accepted Paper Series
University of Melbourne - Law School and Alderuccio Solicitor
Downloads 4
46.

In the Age of Statutes, Why Do We Still Turn to the Common Law Torts?: Lessons from the Statutory Prohibitions on Misleading Conduct in Australia

Torts Law Journal, Vol. 23, No. 2, 2016, U of Melbourne Legal Studies Research Paper
Number of pages: 24 Posted: 01 Feb 2019
Accepted Paper Series
University of Melbourne - Law School and University of Melbourne - Law School
Downloads 19
47.

'It's Easy to Say Don't Sign Anything': Debt Problems Among Recent Migrants from a Non-English Speaking Background

Alternative Law Journal, Vol. 44, No. 2, pp. 127-132, 2019
Number of pages: 8 Posted: 24 Jan 2019 Last Revised: 08 Jul 2019
Accepted Paper Series
University of Melbourne - Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 25
48.

On Compliance - Essay in Honour of Professor Bob Baxt AO

Hanrahan, P and Black, A (eds.) Contemporary Issues in Corporate and Competition Law Essays in Honour of Professor Robert Baxt AO (LexisNexis Butterworths, Sydney, 2018) Chapter 9; ISBN 9780409350203
Number of pages: 24 Posted: 14 Jan 2019
Accepted Paper Series
UNSW Business School
Downloads 29
49.

Proving a Donatio Mortis Causa

(2018) 20(1) Retirement & Estate Planning Bulletin 2
Number of pages: 6 Posted: 03 Jan 2019
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 46
50.

The Hidden Dimension of Business Bankruptcy in Australia

Australian Business Law Review, Vol. 46, No. 5, pp. 291-306, 2018
Number of pages: 20 Posted: 29 Dec 2018
Accepted Paper Series
Melbourne Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 34