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University of Melbourne Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,028 papers

1.

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 12
2.

Does Section 191 of the Corporations Act Include Conflicting Duties?

Company and Securities Law Journal, Vol. 36, No. 7, pp. 587-592, 2018
Number of pages: 8 Posted: 03 Apr 2019
Working Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 10
3.

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 13
4.

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 49
5.

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 12
6.

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 22
7.

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 15
8.

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, 2018
Number of pages: 26 Posted: 06 Mar 2019
Accepted Paper Series
Melbourne Law School - University of Melbourne and Deakin University
Downloads 42
9.

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 24
10.

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 28
11.

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
12.

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 31
13.

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
14.

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 5
15.

'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 17
16.

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 32
17.

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 3
18.

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 11
19.

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

Alternative Law Journal, 2019
Number of pages: 8 Posted: 24 Jan 2019
Accepted Paper Series
University of Melbourne - Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 20
20.

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 21
21.

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 37
22.

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 31
23.

The Creation of Express Trusts

(2017) 11 Journal of Equity 133
Number of pages: 21 Posted: 18 Dec 2018
Accepted Paper Series
University of Melbourne - Melbourne Law School and University College London - Faculty of Laws
Downloads 52
24.

Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine

in Brian Sloan (ed), Landmark Cases in Succession Law (Hart Publishing 2019) (Forthcoming)
Number of pages: 20 Posted: 18 Dec 2018
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 47
25.

The 'Prima Facie Expectation Relief' Approach in the Australian Law of Proprietary Estoppel

OJLS, Forthcoming
Number of pages: 34 Posted: 18 Dec 2018
Accepted Paper Series
University of Melbourne - Melbourne Law School
Downloads 21
26.

Before the High Court: Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery

(2018) 40(3) Sydney Law Review 397- 409, U of Melbourne Legal Studies Research Paper No. 804
Number of pages: 16 Posted: 11 Dec 2018
Accepted Paper Series
University of Melbourne - Law School and University of Melbourne - Law School
Downloads 13
27.

Statute and Common Law: Interaction and Influence in Light o f the Principle of Coherence

University of New South Wales Law Journal, Vol. 38, No. 1, 2015, U of Melbourne Legal Studies Research Paper No. 802
Number of pages: 26 Posted: 11 Dec 2018
Accepted Paper Series
University of Melbourne - Law School
Downloads 41
28.

The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

(2018) 46 (3) Federal Law Review 367- 396, U of Melbourne Legal Studies Research Paper No. 801
Number of pages: 32 Posted: 11 Dec 2018
Accepted Paper Series
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Law School
Downloads 37
29.

Superannuation Guarantee Contributors as a Tax: The Case for Reincarnation over Reform

Australian Tax Forum, Vol. 33, No. 4 (2018), U of Melbourne Legal Studies Research Paper No. 800
Number of pages: 37 Posted: 11 Dec 2018
Accepted Paper Series
Melbourne Law School and University of Melbourne - Law School
Downloads 7
30.

The Vulnerability of Older Australians in Bankruptcy: Insights from an Empirical Study

Adelaide Law Review, Vol 39, No. 4, pp. 393-437, 2018, U of Melbourne Legal Studies Research Paper No. 822
Number of pages: 33 Posted: 09 Dec 2018 Last Revised: 28 Mar 2019
Accepted Paper Series
The University of Melbourne, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 30
31.

Sustainable Health Food Choices: Dietary Guidelines and International Economic Law

QUT Law Review, 18(1), 2018, 45-75 DOI: 10.5204/qutlr.v18i1.727
Number of pages: 33 Posted: 30 Nov 2018 Last Revised: 22 Feb 2019
Accepted Paper Series
University of Melbourne - Law School and Queensland University of Technology - Faculty of Law
Downloads 18
32.

Stakeholder Interests and the Duty of Care

(2017) 35 Company and Securities Law Journal 342
Number of pages: 4 Posted: 27 Nov 2018
Accepted Paper Series
University of Melbourne - Law School
Downloads 16
33.

Political Insurance for the (Relative) Poor: How Liberal Constitutionalism Could Resist Plutocracy

Oxford Legal Studies Research Paper, U of Melbourne Legal Studies Research Paper
Number of pages: 26 Posted: 27 Nov 2018 Last Revised: 25 Mar 2019
Working Paper Series
University of Oxford - Faculty of Law
Downloads 23
34.

Discrimination

Max Planck Encyclopedia of Comparative Constitutional Law, 2017, Oxford Legal Studies Research Paper, U of Melbourne Legal Studies Research Paper
Number of pages: 16 Posted: 27 Nov 2018
Working Paper Series
University of Oxford - Faculty of Law
Downloads 19
35.

Religion in Human Rights Law: A Normative Restatement

International Journal of Constitutional Law (Forthcoming), Oxford Legal Studies Research Paper , U of Melbourne Legal Studies Research Paper
Number of pages: 16 Posted: 27 Nov 2018 Last Revised: 12 Dec 2018
Accepted Paper Series
University of Oxford - Faculty of Law and University of Auckland - Faculty of Law
Downloads 37
36.

The Right to Freedom of Religion and the Right against Religious Discrimination: Theoretical Distinctions

International Journal of Constitutional Law (Forthcoming), Oxford Legal Studies Research Paper No. 14/2019, U of Melbourne Legal Studies Research Paper
Number of pages: 17 Posted: 27 Nov 2018 Last Revised: 13 Mar 2019
Accepted Paper Series
University of Oxford - Faculty of Law and University of Auckland - Faculty of Law
Downloads 89
37.

The Experience of Financial Hardship in Australia: Causes, Impacts and Coping Strategies

Journal of Consumer Policy, 2018, U of Melbourne Legal Studies Research Paper No. 805
Number of pages: 42 Posted: 22 Nov 2018 Last Revised: 12 Dec 2018
Accepted Paper Series
University of Melbourne - Law School, Melbourne Law School - University of Melbourne and University of Melbourne - Law School
Downloads 98
38.

Third Strike: The WTO Panel Reports Upholding Australia's Tobacco Plain Packaging Scheme

Forthcoming in (2019) Pre-edited draft Journal of World Investment & Trade
Number of pages: 28 Posted: 15 Nov 2018
Accepted Paper Series
University of Melbourne - Law School
Downloads 136
39.

A History of the Corporations and Markets Advisory Committee and its Predecessors

Published as Chapter 4 in “Contemporary Issues in Corporate and Competition Law: Essays in Honour of Professor Robert Baxt” edited by P Hanrahan and A Black, LexisNexis Butterworths, Australia, 2019, pp. 56-72, U of Melbourne Legal Studies Research Paper No. 818,
Number of pages: 20 Posted: 10 Nov 2018 Last Revised: 11 Apr 2019
Working Paper Series
Melbourne Law School - University of Melbourne
Downloads 43
40.

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
41.

The New Internationalism? IOSCO, International Standards and Capital Markets Regulation

CIGI Papers No. 189 — September 2018,
Number of pages: 33 Posted: 29 Oct 2018
Working Paper Series
Melbourne Law School
Downloads 30
42.

Beyond International Standards: Mapping the Future of Capital Markets Regulation

CIGI Policy Brief No. 136 — September 2018,
Number of pages: 8 Posted: 29 Oct 2018
Working Paper Series
Melbourne Law School
Downloads 24
43.

International Financial Standards: An Argument for Discernment

CIGI Policy Brief No. 135 — August 2018,
Number of pages: 12 Posted: 29 Oct 2018
Working Paper Series
Melbourne Law School
Downloads 16
44.

Social Impact Bonds in Australia

Journal of Banking and Finance Law and Practice, Vol. 29, No. 3, 2018, pp. 248-257, U of Melbourne Legal Studies Research Paper No. 806
Number of pages: 16 Posted: 28 Oct 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
Melbourne Law School - University of Melbourne and Singapore Management University, School of Law
Downloads 73
45.

Is a Conflict of Interest under the General Law the Same as a Material Personal Interest under the Corporations Act?

Company and Securities Law Journal, Vol. 36, No. 3, pp. 284-287, 2018
Number of pages: 5 Posted: 27 Oct 2018
Accepted Paper Series
University of Melbourne - Law School and Melbourne Law School - University of Melbourne
Downloads 49
46.

What is Statutory Purpose?

Forthcoming in Lisa Burton, Patrick Emerton and Dale Smith (eds), Law under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy, Hart Publishing (2019), U of Melbourne Legal Studies Research Paper No. 799
Number of pages: 35 Posted: 25 Oct 2018
Accepted Paper Series
University of Melbourne - Law School
Downloads 64
47.

Equitable Participation in Biobanks: The Risks and Benefits of a 'Dynamic Consent' Approach

Frontiers in Public Health, Vol. 6, Article 253 (2018), U of Melbourne Legal Studies Research Paper No. 797
Number of pages: 7 Posted: 25 Oct 2018
Accepted Paper Series
Melbourne Law School, University of Oxford and University of Oxford - Faculty of Law
Downloads 20
48.

Illegal Phoenix Activity: Practical Ways to Improve the Recovery of Tax

Sydney Law Review, Vol. 40 No. 2 (2018), U of Melbourne Legal Studies Research Paper No. 795
Number of pages: 34 Posted: 25 Oct 2018
Accepted Paper Series
Melbourne Law School

Multiple version iconThere are 2 versions of this paper

Downloads 7
49.

Harmful Phoenix Activity and Disqualification from Managing Corporations: An Unenforceable Regime?

Company and Securities Law Journal, Vol. 36, No. 2, pp. 169-174, 2018
Number of pages: 6 Posted: 25 Oct 2018
Working Paper Series
Australian National University, Research School of Social Sciences, Melbourne Law School, Melbourne Law School - University of Melbourne and Monash Business School
Downloads 35
50.

Equity Crowdfunding in Australia and New Zealand

International Company and Commercial Law Review, Vol. 29, No. 9, pp. 571-589, 2018
Number of pages: 18 Posted: 24 Oct 2018
Accepted Paper Series
Monash University - Faculty of Law and Melbourne Law School - University of Melbourne
Downloads 45