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Deakin Law School Legal Studies Research Paper Series

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1.

The Development of Property Rights over Cadaveric Tissues and Organs: Legal Obstructions to the Procurement of Organs in an 'Opt-Out' System of Organ Donation in Australia and New Zealand

Deakin Law School Research Paper No. 19-03
Number of pages: 30 Posted: 26 Oct 2018 Last Revised: 13 Feb 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and University of Melbourne - Royal Children's Hospital Melbourne

Multiple version iconThere are 2 versions of this paper

Downloads 5
2.

The Restorative Role of Apology in Resolving Medical Disputes: Lessons from Chinese Legal Culture

Journal of Bioethical Inquiry, Dec. 2015, Vol. 12, Iss. 4, pp 699-708, First online: 20 August 2015. DOI 10.1007/s11673-015-9657-1, Deakin Law School Research Paper No. 16-12
Number of pages: 10 Posted: 13 Mar 2018 Last Revised: 29 May 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 146
3.

The Role of Contract Interpretation in Transfer-Pricing Law: Lessons from Canada

Canadian Tax Journal/Revue Fiscale Canadienne, Vol. 65, No. 4, 2017
Posted: 07 Mar 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
4.

Well Governed, Sustainable and Socially Responsible Financial Corporations: Remote or Real Expectations?

Gill North, ‘Well Governed, Sustainable and Socially Responsible Financial Corporations: Remote or Real Expectations?’ In Du Plessis, Varottil and Veldman (eds), Globalisation of Corporate Social Responsibility and Its Impact on Corporate Governance, Springer, Switzerland (2018),
Number of pages: 20 Posted: 06 Mar 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 27
5.

The Corporate Governance Case for Board Gender Diversity: Evidence from Delaware Cases

Albany Law Review, 2018
Number of pages: 84 Posted: 03 Mar 2018 Last Revised: 10 May 2018
Accepted Paper Series
Deakin University - Deakin Law School
Downloads 133
6.

Designing International Fact-Finding: Facts, Alternative Facts, and National Identities

Fordham International Law Journal, Vol. 41, 2018, Deakin Law School Research Paper No. 19-02
Number of pages: 48 Posted: 22 Feb 2018 Last Revised: 13 Feb 2019
Accepted Paper Series
Deakin Law School
Downloads 46
7.

Comparative Analysis of US and Australian Trade Mark Applications for the Slants

Vicki Huang, 'Comparative analysis of US and Australian trade mark applications for THE SLANTS' (2018) 40 European Intellectual Property Review 429, Deakin Law School Research Paper No. 17-30
Number of pages: 7 Posted: 24 Jan 2018 Last Revised: 11 Sep 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 31
8.

Submission to the Senate Economics References Committee: Penalties for White-Collar Crime

Number of pages: 29 Posted: 23 Jan 2018
Working Paper Series
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Independent
Downloads 14
9.

Gender Diversity as the Antidote to 'Groupthink' on Corporate Boards

Deakin Law Review, Vol. 22, No. 1, 2017, Deakin Law School Research Paper No. 17-32
Number of pages: 23 Posted: 07 Jan 2018 Last Revised: 09 Jun 2018
Accepted Paper Series
Deakin University - Deakin Law School
Downloads 74
10.

Small Amount Credit Contract Reforms: Have Transparency and Competition Concerns Been Forgotten?

Gill North, ‘Small Amount Credit Contract Reforms: Have Transparency and Competition Concerns Been Forgotten?’ (2017) 25 Competition & Consumer Law Journal 101,
Number of pages: 23 Posted: 05 Jan 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 33
11.

‘Delinquent Directors’ and ‘Directors Under Probation’: A Unique South African Approach Regarding Disqualification of Company Directors

The South African Law Journal, Forthcoming, Deakin Law School Research Paper No. 17-28
Number of pages: 25 Posted: 01 Dec 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and University of Pretoria - Faculty of Law
Downloads 41
12.

Voluntary Assisted Dying Legislation in Victoria: What Can We Learn from the Netherlands Experience?

(2017) 25 Journal of Law and Medicine , Deakin Law School Research Paper No. 17-31
Number of pages: 27 Posted: 14 Oct 2017 Last Revised: 09 Jun 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 150
13.

Health Privacy and Confidentiality

Tensions and Traumas in Health Law, I Freckelton and & K Petersen (Eds) (2017) Sydney: Federation Press, Forthcoming, Deakin Law School Research Paper No. 17-16
Number of pages: 18 Posted: 11 Aug 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin Law School

Multiple version iconThere are 2 versions of this paper

Downloads 28
14.

Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical Eighth Amendment Jurisprudence

Akron Law Review, Vol. 50, Iss. 2, Article 5, 2017
Number of pages: 52 Posted: 02 Aug 2017
Accepted Paper Series
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 32
15.

Sentencing by Computer: Enhancing Sentencing Transparency and Predictability, and (Possibly) Bridging the Gap between Sentencing Knowledge and Practice

25(4) George Mason Law Review, Forthcoming
Number of pages: 50 Posted: 01 Aug 2017
Accepted Paper Series
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School and Deakin Law School
Downloads 188
16.

Whistleblowing Reforms: A Critical Analysis of the Current Law and the New 'Bells and Whistles' Proposed

Company and Securities Law Journal (2017) 35, Deakin Law School Research Paper No. 17-12
Number of pages: 18 Posted: 24 Jul 2017 Last Revised: 11 Aug 2017
Accepted Paper Series
affiliation not provided to SSRN, Clayton Utz - Sydney Office and Deakin University, Geelong, Australia - Deakin Law School
Downloads 97
17.

Statutory Interpretation and Native Title Extinguishment: Expanding Constructional Choices

University of New South Wales Law Journal, Vol. 38, No. 2, 2015, Deakin Law School Research Paper No. 17-08
Number of pages: 33 Posted: 19 Jul 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 13
18.

CSR Disclosure by Asia-Pacific Banks: Evidence from Comparative Assessment against India's Compulsory CSR Law

Deakin Law School Research Paper No. 17-09
Number of pages: 26 Posted: 28 Jun 2017 Last Revised: 21 Jul 2017
Working Paper Series
Deakin University - Faculty of Business and Law and Deakin University, Geelong, Australia - Deakin Law School
Downloads 67
19.

Regulation of Big Data: Perspectives on Strategy, Policy, Law and Privacy

Health and Technology (2017) DOI 10.1007/s12553-017-0190-6, Deakin Law School Research Paper No. 17-22
Number of pages: 16 Posted: 21 Jun 2017 Last Revised: 04 Sep 2017
Accepted Paper Series
La Trobe Law School, La Trobe Law School, Deakin University, Geelong, Australia - Deakin Law School and La Trobe University - School of Law
Downloads 255
20.

A Linked Democracy Approach for Regulating Public Health Data

Health and Technology (2017), DOI: 10.1007/s12553-017-0191-5, Deakin Law School Research Paper No. 17-26
Number of pages: 20 Posted: 21 Jun 2017 Last Revised: 27 Sep 2017
Accepted Paper Series
La Trobe Law School, Deakin University, Geelong, Australia - Deakin Law School and RMIT University
Downloads 22
21.

Defences and Relief from Liability for Company Directors: Widening Protection to Stimulate Innovation

Australian Journal of Corporate Law Vol. 31, Deakin Law School Research Paper No. 17-07
Number of pages: 31 Posted: 13 Jun 2017 Last Revised: 26 Jul 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and affiliation not provided to SSRN
Downloads 102
22.

Precedent, Rules and the Standard Picture

(2016) 41 Australian Journal of Legal Philosophy 81, Deakin Law School Research Paper No. 17-17
Number of pages: 39 Posted: 25 May 2017 Last Revised: 25 Jan 2018
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 99
23.

Are We Ethically Bound to Use Student Engagement Technologies for Teaching Law?

The Law Teacher, 49:2, 219-241 (2015)., Deakin Law School Research Paper No. 17-20
Number of pages: 33 Posted: 22 Apr 2017 Last Revised: 09 Sep 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 39
24.

Corporate Social Responsibility and 'Contemporary Community Expectations'

Company & Securities Law Journal, Vol. 30, 2017, Deakin Law School Research Paper No. 17-01
Number of pages: 18 Posted: 19 Apr 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 261
25.

Can Digital Speech Loosen the Gordian Knot of Reputation Law?

32 Santa Clara High Tech. L.J. 171 (2016), Deakin Law School Research Paper No. 17-15
Number of pages: 51 Posted: 15 Apr 2017 Last Revised: 10 Aug 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 67
26.

The Robot as Cub Reporter: Law's Emerging Role in Cognitive Journalism

European Journal of Law and Technology, Vol. 7, No 3, 2016, Deakin Law School Research Paper No. 17-18
Number of pages: 41 Posted: 15 Apr 2017 Last Revised: 11 Aug 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 84
27.

The Emergence of Hybrid International Commercial Courts and the Future of Cross Border Commercial Dispute Resolution in Asia

Loyola University Chicago International Law Review, Vol. 14, No. 1, 2016, Deakin Law School Research Paper No. 17-02
Number of pages: 25 Posted: 02 Apr 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School

Multiple version iconThere are 2 versions of this paper

Downloads 105
28.

Deliberation at the Founding: Deliberative Democracy as an Original Constitutional Value

(2017) 27 Public Law Review 41, Deakin Law School Research Paper No. 17-23
Number of pages: 21 Posted: 18 Mar 2017 Last Revised: 04 Sep 2017
Accepted Paper Series
Australian National University, University of Oxford and Deakin University
Downloads 56
29.

Competing Preferent Community Prospecting Rights: A Nonchalant Custodian?

Potchefstroom Electronic Law Journal, Vol. 20, 2017
Number of pages: 34 Posted: 25 Feb 2017
Accepted Paper Series
University of Pretoria, University of Pretoria - Faculty of Law and Deakin University, Geelong, Australia - Deakin Law School
Downloads 9
30.

Supersession of the Senior-Most Judges in Bangladesh in Appointing the Chief Justice and the Other Judges of the Appellate Division of the Supreme Court: A Convenient Means to a Politicized Bench

M. Ehteshamul Bari, ‘Supersession of the Senior-Most Judges in Bangladesh in Appointing the Chief Justice and the Other Judges of the Appellate Division of the Supreme Court: A Convenient Means to a Politicized Bench’ (2016) 18(1) San Diego International Law Journal pp 33-76., Deakin Law School Research Paper No. 17-14,
Number of pages: 45 Posted: 21 Feb 2017
Accepted Paper Series
Deakin University, Melbourne, Australia - Deakin Law School
Downloads 46
31.

Legal Protections for Personal Health Information in the Age of Big Data – A Proposal for Regulatory Framework

(2017) Ethics, Public Health and Medicine/Éthique, Médecine et Politiques Publiques vol 4, Deakin Law School Research Paper No. 17-19,
Number of pages: 20 Posted: 13 Feb 2017 Last Revised: 04 Sep 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and SYPAQ Systems Pty Ltd
Downloads 136
32.

Before the High Court - Re Robert John Day AO: Section 44(V) of the Australian Constitution Revisited

(2017) 39 Sydney Law Review , Deakin Law School Research Paper No. 17-03
Number of pages: 13 Posted: 08 Feb 2017 Last Revised: 19 Apr 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin University
Downloads 18
33.

Criminalising Controlling and Coercive Behaviour: The Next Step in the Prosecution of Family Violence?

41(2) Alternative Law Journal 98-101
Posted: 06 Jan 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Faculty of Business and Law, Deakin Law School
34.

Compelling Safety: Reforming Australian Treating Doctors' Mandatory Reporting Obligations

Sydney Law Review, Vol. 39, 2017, Deakin Law School Research Paper No. 17-06
Number of pages: 35 Posted: 10 Dec 2016 Last Revised: 07 Jun 2018
Accepted Paper Series
Deakin Law School
Downloads 25
35.

Towards Compassion: Statutory Powers to Regulate Impaired Doctors in Victoria, 1844-2016

University of New South Wales Law Journal, Vol. 39, No. 4, p. 1410, 2016, Deakin Law School Research Paper No. 17-04
Number of pages: 29 Posted: 26 Nov 2016 Last Revised: 19 Apr 2017
Accepted Paper Series
Deakin Law School
Downloads 6
36.

Financial Advice in Australia: Important Issues for Further Debate

‘Financial Advice in Australia: Important Issues for Further Debate’ in Shelley Griffiths and Sheelagh McCracken (eds), Making Banking and Finance Law: A Snapshot (Ross Parsons Centre, Sydney, 2015) , Deakin Law School Research Paper No. 17-11,
Number of pages: 13 Posted: 12 Nov 2016 Last Revised: 19 Jul 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 43
37.

Listed Company Disclosure and Financial Market Transparency: Is this a Battle Worth Fighting or Merely Policy and Regulatory Mantra?

6 Journal of Business Law 486-513, 2014, Deakin Law School Research Paper No. 17-13
Number of pages: 35 Posted: 07 Nov 2016 Last Revised: 22 Jul 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 42
38.

Small Amount Credit Contract Reforms in Australia: Household Survey Evidence and Analysis

27 Journal of Banking and Finance Law and Practice 203, (2016), Deakin Law School Research Paper No. 17-05
Number of pages: 26 Posted: 07 Nov 2016 Last Revised: 19 Apr 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 74
39.

Going to a 'Double D': The 2016 Federal Election and the Constitution

Deakin Law School Research Paper No. 17-10
Number of pages: 5 Posted: 01 Nov 2016 Last Revised: 26 Jul 2017
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin Law School
Downloads 12
40.

The Future of Financial Advice Reforms: Will They Achieve Their Long Term Objectives?

22 Competition & Consumer Law Journal 197-217, (2015)
Number of pages: 21 Posted: 26 Oct 2016
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 106
41.

Regulation Governing the Provision of Credit Assistance and Financial Advice in Australia: A Consumer's Perspective

43 Federal Law Review 369-396
Number of pages: 28 Posted: 26 Oct 2016
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 22
42.

National Company Disclosure Regulatory Frameworks: Superficially Similar but Substantively Different

Global Capital Markets Law Journal, Vol. 3,189-228, (Summer 2015)
Number of pages: 40 Posted: 26 Oct 2016
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 17
43.

Timely Public Disclosure of Company Information: A Likely Precondition for Optimal Long-Term Corporate and National Outcomes

32 Company and Securities Law Journal 560-582, (2014)
Number of pages: 23 Posted: 26 Oct 2016
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 32
44.

Representative Actions, Proof of Fact and Author Privacy in Copyright Law: A History and a Concern

Monash University Law Review, Vol. 39, Issue 1, p. 106, 2013
Number of pages: 25 Posted: 21 Oct 2016 Last Revised: 15 Jan 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 11
45.

The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal

M. Ehteshamul Bari, ‘The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal’ (2014) 21(2) Jurisprudence pp 578-598. ,
Posted: 20 Oct 2016
Accepted Paper Series
Deakin University, Melbourne, Australia - Deakin Law School
46.

Establishment of Judicial Commissions in Malaysia and Bangladesh to Strengthen the Constitutional Process of Appointment of the Higher Judiciary: A Comparative Study

M. Ehteshamul Bari & Johan Shamsuddin, ‘Establishment of Judicial Commissions in Malaysia and Bangladesh to Strengthen the Constitutional Process of Appointment of the Higher Judiciary: A Comparative Study’ (2013) 40 Journal of Malaysian and Comparative Law pp 87-107,
Posted: 20 Oct 2016
Accepted Paper Series
Deakin University, Melbourne, Australia - Deakin Law School and Independent
47.

Research Collaborations and ‘Authorship’: Differentiating Legal from Management Norms

Australian Business Law Review Vol 44, Issue 2, 2016
Number of pages: 14 Posted: 17 Oct 2016 Last Revised: 15 Jan 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 31
48.

Medical and Scientific Authorship: A Conflict between Discipline Rules and the Law

Journal of Law and Medicine, vol 23, pt 2, pp 413-426
Number of pages: 16 Posted: 17 Oct 2016 Last Revised: 22 Oct 2016
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 23
49.

Mental Health Legislation (Civil) in Australia and China: A Comparative Perspective

(2016) 23 Journal of Law and Medicine 762, Deakin Law School Research Paper No. 16-39
Number of pages: 19 Posted: 13 Oct 2016
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Geelong, Australia - Deakin Law School

Multiple version iconThere are 2 versions of this paper

Downloads 87
50.

The Evolutionary Interpretation of Treaties and the Right to Marry: Why Article 23(2) of the ICCPR Should Be Re-Interpreted to Encompass Same-Sex Marriage

George Washington International Law Review, Forthcoming, Deakin Law School Research Paper No. 16-38
Number of pages: 1 Posted: 16 Sep 2016 Last Revised: 17 Nov 2017
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and La Trobe Law School

Multiple version iconThere are 2 versions of this paper

Downloads 74