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Deakin Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 387 papers

1.

Freedom of Religion in Australia

Nicholas Aroney & Ben Saunders, 'Freedom of Religion in Australia', in Matthew Groves, Daniel Meagher and Janina Boughey (eds), The Legal Protection of Rights in Australia (Hart Publishing, Forthcoming).
Number of pages: 27 Posted: 18 Aug 2020 Last Revised: 18 Aug 2020
Working Paper Series
The University of Queensland - T.C. Beirne School of Law and Deakin University, Geelong, Australia - Deakin Law School
Downloads 120
2.

Role and Effectiveness of ASIC Compared with the SEC: Shedding Light on Regulation and Enforcement in the United States and Australia

31 Journal of Banking and Finance Law and Practice 71 (2020), Deakin Law School Research Paper Forthcoming
Number of pages: 22 Posted: 17 Aug 2020 Last Revised: 17 Aug 2020
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Ohio Northern University - Pettit College of Law
Downloads 54
3.

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: 25 Mar 2020 Last Revised: 25 Mar 2020
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 322
4.

Mitigating America's Mass Incarceration Crisis Without Compromising Community Protection: Expanding the Role of Rehabilitation in Sentencing

Lewis & Clark Law Review, Vol. 22, 2018, Deakin Law School Research Paper No. 10-06 (2019)
Number of pages: 61 Posted: 29 Sep 2019
Accepted Paper Series
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and University of Akron, School of Law, Students
Downloads 25
5.

Moritz Meyer and the Medical Board: Preventing Refugee Doctors from Practising Medicine in Victoria, Australia, 1937-1958

http://sites.thomsonreuters.com.au/journals/2018/10/08/journal-of-law-and-medicine-update-vol-26-pt-1/, Deakin Law School Research Paper No. 19-04
Posted: 25 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
6.

Corporate Social Responsibility and "Contemporary Community Expectations"

Deakin Law School Research Paper No. 19-12
Posted: 25 Sep 2019
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School
7.

Professional Reports for Sentencing Courts: Recommendations for Reporting on Child Exploitation Material Offenders’ Risk of Recidivism and Prospects for Rehabilitation

Psychiatry, Psychology and Law, 2019, Vol 0, No. o, 1-19, Deakin Law School Research Paper No. 19-13 (2019)
Number of pages: 20 Posted: 25 Sep 2019
Working Paper Series
University of Adelaide and Deakin University, Geelong, Australia - Deakin Law School
Downloads 14
8.

Popular Sovereignty, 'The People' and the Australian Constitution: A Historical Reassessment

Deakin Law School Research Paper No. 19-19
Posted: 25 Sep 2019
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School
9.

Causation in Securities and Financial Product Disclosure Cases: An Analysis and Critique

Deakin Law School Research Paper No. 19-20
Posted: 25 Sep 2019
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School
10.

Revisiting the Definition of Particular Social Group in the Refugees Convention and Increasing the Refugee Quota As a Means of Ameliorating the International Displaced Person's Crisis

South Carolina Law Review, Vol. 69, No. 1, 2018, Deakin Law School Research Paper No. 19-32 (2019)
Number of pages: 56 Posted: 20 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 41
11.

Two Reflections on Retrospectivity in Statutory Interpretation

Public Law Review Online, Vol. 29, #3 Pg. 224 (2018), Deakin Law School Research Paper No. 19-23 (2019)
Number of pages: 18 Posted: 19 Sep 2019
Accepted Paper Series
Deakin Law School
Downloads 126
12.

The 'Modern Approach' to Statutory Interpretation and the Principle of Legality: An Issue of Coherence?

Federal Law Review, Vol. 46 (2018), ANU College of Law Research Paper Forthcoming, Deakin Law School Research Paper No. 19-22 (2019)
Number of pages: 30 Posted: 19 Sep 2019
Accepted Paper Series
Deakin Law School
Downloads 237
13.

Is There a Common Law 'Right' to Freedom of Speech?

Melbourne University Law Review, Vol. 43, No. 1, 2018, Deakin Law School Research Paper No. 19-21 (2019)
Number of pages: 35 Posted: 19 Sep 2019
Accepted Paper Series
Deakin Law School
Downloads 45
14.

A Shift in the United Nations Human Rights Committee's Jurisprudence on Marriage Equality? An Analysis of Two Recent Communications from Australia

University of New South Wales Law Journal, Vol. 42, 2019, Deakin Law School Research Paper No. 19-07 (2019)
Number of pages: 36 Posted: 19 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and La Trobe Law School
Downloads 54
15.

Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts

Trusts & Trustees, Vol. 22, No. 4, pp. 406–415, May 2016, Deakin Law School Research Paper No. 17-09
Number of pages: 28 Posted: 18 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 15
16.

The Public Sector Duty of Care and Diligence

University of New South Wales Law Journal, Vol. 42, 2019, Deakin Law School Research Paper No. 19-18 (2019)
Number of pages: 30 Posted: 18 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 20
17.

Directors' Duty to Act in the Best Interests of the Corporation: 'Hard Cases Make Bad Law'

(2019) 34 Australian Journal of Corporate Law, Deakin Law School Research Paper No. 19-08 (2019)
Number of pages: 25 Posted: 18 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 492
18.

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

Canadian Tax Journal/Revue Fiscale Canadienne (2017) 65:4, 849-92, Deakin Law School Research Paper No. 19-05 (2019)
Number of pages: 45 Posted: 18 Sep 2019
Accepted Paper Series
University of Oxford

Multiple version iconThere are 2 versions of this paper

Downloads 52
19.

The My Health Record System: Potential to Undermine the Paradigm of Patient Confidentiality?

University of New South Wales Law Journal, Vol. 42, No. 2, 2019
Number of pages: 34 Posted: 17 Sep 2019 Last Revised: 19 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 12
20.

The Metaphysics of Statehood

Canadian Journal of Law and Jurisprudence, Vol. 31, No. 2, 2018, Deakin Law School Research Paper No. 19-09
Number of pages: 33 Posted: 23 Jun 2019 Last Revised: 18 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 31
21.

Zolpidem, Complex Sleep-Related Behaviour and Volition

(2016) 24 JLM 455
Number of pages: 24 Posted: 17 Jun 2019 Last Revised: 19 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 36
22.

The Murky Ethics of Emoji: How Shall We Regulate a Web for Good?

Richmond Journal of Law and Technology, Forthcoming
Number of pages: 46 Posted: 06 Jun 2019 Last Revised: 19 Sep 2019
Accepted Paper Series
Deakin School of Business and Law and Deakin University, Geelong, Australia - Deakin Law School
Downloads 188
23.

The Author and the State: Germany's Bill of Rights in the Shadow of the Past

Number of pages: 21 Posted: 30 May 2019 Last Revised: 19 Sep 2019
Working Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 5
24.

An Empirical Investigation of 20 Years of Trade Mark Infringement Litigation in Australian Courts

Vicki Huang, ‘An Empirical Investigation of 20 Years of Trade Mark Infringement Litigation in Australian Courts’ (2019) 41(1) Sydney Law Review 105.
Number of pages: 27 Posted: 21 May 2019 Last Revised: 19 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 15
25.

Empirical Analysis of Australian Trademark Infringement Decisions: Implications for the U.S. Trademark Use Debate

Santa Clara Computer and High Technology Law Journal, Vol. 35, No. 3, 2019
Number of pages: 38 Posted: 21 May 2019 Last Revised: 19 Sep 2019
Accepted Paper Series
Deakin University, Geelong, Australia - Deakin Law School
Downloads 20
26.

The Illusion of Principled Justice: The Fiction That Sentencing Principle Is Applied Consistently

Australian Bar Review (2019) vol 47 Forthcoming, Deakin Law School Research Paper No. 19-15
Number of pages: 30 Posted: 25 Mar 2019 Last Revised: 18 Sep 2019
Accepted Paper Series
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School, Deakin University, Geelong, Australia - Deakin Law School and Deakin University, Geelong, Australia - Deakin Law School
Downloads 143
27.

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 67
28.

Trauma and Sentencing: The Case for Mitigating Penalty for Childhood Physical and Sexual Abuse

Stanford Law & Policy Review, Vol. 30, No. 1, Forthcoming , Deakin Law School Research Paper No. 19-16
Number of pages: 62 Posted: 24 Aug 2018 Last Revised: 18 Sep 2019
Accepted 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 315
29.

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
University of Oxford

Multiple version iconThere are 2 versions of this paper

30.

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
Griffith University Law School
Downloads 33
31.

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
AUT Law School, AUT Univrsity
Downloads 324
32.

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 65
33.

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 43
34.

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

Number of pages: 30 Posted: 23 Jan 2018 Last Revised: 18 Sep 2019
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 31
35.

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
AUT Law School, AUT Univrsity
Downloads 107
36.

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
Griffith University Law School
Downloads 45
37.

‘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 59
38.

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 363
39.

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 University, Geelong, Australia - Deakin Law School

Multiple version iconThere are 2 versions of this paper

Downloads 39
40.

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 36
41.

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 University, Geelong, Australia - Deakin Law School
Downloads 491
42.

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 136
43.

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 33
44.

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 88
45.

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 35
46.

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 169
47.

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 107
48.

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 School of Business and Law
Downloads 45
49.

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 378
50.

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 Sep 2019
Accepted Paper Series
Deakin School of Business and Law
Downloads 81