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Deakin Law School Legal Studies Research Paper Series

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1.

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 18
2.

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
3.

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
4.

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 8
5.

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
6.

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
7.

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 17
8.

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 16
9.

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 26
10.

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 23
11.

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

Multiple version iconThere are 2 versions of this paper

Downloads 15
12.

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 6
13.

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 11
14.

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 64
15.

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
Deakin University, Geelong, Australia - Deakin Law School

Multiple version iconThere are 2 versions of this paper

Downloads 31
16.

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 28
17.

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 55
18.

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 45
19.

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 Northwestern University, School of Law, Students
Downloads 175
20.

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

Multiple version iconThere are 2 versions of this paper

21.

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 31
22.

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 208
23.

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 56
24.

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 36
25.

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 20
26.

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 89
27.

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 38
28.

‘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 47
29.

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 227
30.

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 32
31.

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 34
32.

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 396
33.

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 113
34.

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 21
35.

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 76
36.

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 279
37.

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 30
38.

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 125
39.

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 103
40.

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 41
41.

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 314
42.

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 76
43.

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 School of Business and Law
Downloads 100
44.

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 139
45.

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, Geelong, Australia - Deakin Law School
Downloads 61
46.

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
47.

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
Australian Catholic University (ACU)
Downloads 70
48.

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 149
49.

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, Geelong, Australia - Deakin Law School
Downloads 18
50.

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