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University of Sydney Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,487 papers

1.

Interest Deductibility: Implementation of BEPS Action 4 and the Future of Transfer Pricing of Intragroup Finance

Bulletin for International Taxation, Vol 73, No 6/7, pp. 325-331, 2019, Sydney Law School Research Paper No. 9/59
Number of pages: 16 Posted: 04 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 12
2.

After the Flood: Transparent and Hybrid Entities in Australian Treaties after the MLI

eJournal of Tax Research Vol 17 No 1, 2019, Sydney Law School Research Paper No. 19/61
Number of pages: 35 Posted: 03 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 7
3.

A Case of Champagne: A Study of Geographical Indications

Corporate Governance eJournal, Vol. 29, 1-31, 2013, Sydney Law School Research Paper No. 18/19
Number of pages: 33 Posted: 26 Sep 2019
Accepted Paper Series
Independent and The University of Sydney Law School
Downloads 171
4.

Yes! To Communication About Consent; No! To Affirmative Consent: A Reply to Anna Kerr

A. Dyer, "Yes! to Communication about Consent; No! to Affirmative Consent: A Reply to Anna Kerr", Griffith Journal of Law and Human Dignity, Vol. 7 No. 1 2019, pp17-56, Sydney Law School Research Paper No. 19/58
Number of pages: 31 Posted: 06 Sep 2019 Last Revised: 03 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 26
5.

The Mens Rea for Sexual Assault, Sexual Touching and Sexual Act Offences in New South Wales: Leave it Alone (Although You Might Consider Imposing an Evidential Burden on the Accused)

A. Dyer, "The Mens Rea for Sexual Assault, Sexual Touching and Sexual Act Offences in New South Wales: Leave it Alone (Although You Might Consider Imposing an Evidential Burden on the Accused)", Australian Bar Review, 2019, (Forthcoming), Sydney Law School Research Paper No. 19/57
Number of pages: 39 Posted: 06 Sep 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 46
6.

The Codification of Migration Decision Making: Sweeping Aside the Judiciary or Business As Usual?

Paper for Presentation at the Australian Institute of Administrative Law National Conference: Canberra (19 July 2019), Sydney Law School Research Paper No. #19/56, August 2019
Number of pages: 46 Posted: 30 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 70
7.

Fusion - Fission - Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972

M. Leeming, "Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824-1972" in J Goldberg et al (eds), "Equity and Law: Fusion and Fission", Cambridge University Press, 2019, pp. 118-143, Sydney Law School Research Paper No. #19/55
Number of pages: 24 Posted: 30 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 36
8.

Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors

M. Leeming, "Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors" (2018) 92 ALJ 503-508, Sydney Law School Research Paper No. #19/53
Number of pages: 10 Posted: 30 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 29
9.

The Role of Equity in 21St Century Commercial Disputes - Meeting the Needs of Any Sophisticated and Successful Legal System

M. Leeming, “The Role of Equity in 21St Century Commercial Disputes” (2019) 47 Aust Bar Rev pp.137-158, Sydney Law School Research Paper #19/54,
Number of pages: 27 Posted: 30 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 53
10.

Confidentiality versus Transparency in International Arbitration: Asia-Pacific Tensions and Expectations

Sydney Law School Research Paper No. #19/52, August 2019
Number of pages: 20 Posted: 30 Aug 2019 Last Revised: 03 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 38
11.

Identifying a Human Rights-Based Approach to Obesity for States and Civil Society

D. Patterson, K. Buse, R. Magnusson, B. Toebes, "Identifying a Human Rights-Based Approach to Obesity for States and Civil Society", Obesity Reviews, 2019, pp. 1-12 , Sydney Law School Research Paper No. #19/45
Number of pages: 31 Posted: 29 Aug 2019
Accepted Paper Series
International Development Law Organization, UNAIDS, The University of Sydney Law School and University of Groningen - Faculty of Law
Downloads 14
12.

Digital Justice: Online Resolution of Minor Civil Disputes and the Use of Digital Technology in Complex Litigation and Class Actions

Cashman, P., and E. Ginnivan, "Digital Justice: Online Resolution of Minor Civil Disputes and the Use of Digital Technology in Complex Litigation and Class Actions," Macquarie Law Journal, Vol. 19, 2019, pp. 39-79 , Sydney Law School Research Paper No. #19/40
Number of pages: 39 Posted: 21 Aug 2019
Accepted Paper Series
The University of Sydney Law School and Government of New South Wales - Justice Strategy and Policy Branch
Downloads 38
13.

Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to be Changed (Except in One Minor Respect)

A. Dyer, "Sexual Assault Law Reform in New South Wales: Why the Lazarus Litigation Demonstrates No Need for s 61HE of the Crimes Act to be Changed (Except in One Minor Respect)", Criminal Law Journal, 43, 2019, pp.78 - 100, Sydney Law School Research Paper No. 19/50
Number of pages: 24 Posted: 16 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 156
14.

Mistakes That Negate Apparent Consent

A. Dyer, "Mistakes That Negate Apparent Consent", Criminal Law Journal, 43, 2019, pp. 159 - 179, Sydney Law School Research Paper No. 19/51
Number of pages: 22 Posted: 16 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 55
15.

A Paradox of Plenty: The Australian Domestic Gas Supply Regulatory Dilemma

M. Taylor and T. Soliman Hunter, "A Paradox of Plenty: The Australian Domestic Gas Supply Regulatory Dilemma", Journal of World Energy Law and Business, 11:6, 2018, pp. 465-486, Sydney Law School Research Paper No. 19/48
Number of pages: 30 Posted: 02 Aug 2019
Accepted Paper Series
The University of Sydney Law School and Aberdeen University Centre for Energy Law (AUCEL), School of Law, University of Aberdeen
Downloads 9
16.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

J. Eldridge and T. Pilkington, "Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Contractions Pty Ltd", Sydney Law Review, 41(2), 2019, pp, 255-264 , Sydney Law School Research Paper No. #19/47
Number of pages: 11 Posted: 02 Aug 2019
Accepted Paper Series
The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
Downloads 82
17.

Are We There Yet? International Implementation of Hybrid Mismatch Rules

Sydney Law School Research Paper No. #19/46
Posted: 24 Jul 2019
Accepted Paper Series
The University of Sydney Law School
18.

Greening China's Belt and Road: Challenges for Environmental Law

Sydney Law School Research Paper
Number of pages: 19 Posted: 16 Jul 2019
Accepted Paper Series
The University of Sydney Law School, Environmental Law
Downloads 53
19.

The Environment and Cultural Heritage

Boer, B., 'The Environment and Cultural Heritage', "The Oxford Handbook of International Cultural Heritage Law", 2019 (Forthcoming), Sydney Law School Research Paper No. #19/43, July 2019
Number of pages: 24 Posted: 16 Jul 2019
Accepted Paper Series
The University of Sydney Law School, Environmental Law
Downloads 45
20.

A Dilemma at the Heart of the Criminal Law: The Summary Jurisdiction, Family Violence, and the Over-Incarceration of Aboriginal and Torres Strait Islander Peoples

Tanya Mitchell, 'A Dilemma at the Heart of the Criminal Law: The Summary Jurisdiction, Family Violence, and the Over-Incarceration of Aboriginal and Torres Strait Islander Peoples', The University of Western Australia Law Review, 45:2 (2019) pp.136-165., Sydney Law School Research Paper No. #19/42
Number of pages: 28 Posted: 08 Jul 2019 Last Revised: 31 Aug 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 29
21.

The Rise to Prominence of the Victim in the Summary Criminal Jurisdiction in the Twentieth Century

Tanya Mitchell, 'The Rise to Prominence of the Victim in the Summary Criminal Jurisdiction in the Twentieth Century', (2018) 5:2 "Law & History" 30., Sydney Law School Research Paper No. #19/41
Number of pages: 23 Posted: 08 Jul 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 17
22.

Inherent Executive Power in Ireland – Lessons for Australia

N. Condylis, S. Murray and P. Gerangelos, 'Inherent Executive Power in Ireland – Lessons for Australia,' Journal of International and Comparative Law, 6:1, 2019 (Forthcoming), Sydney Law School Research Paper No. #19/38,
Number of pages: 28 Posted: 04 Jul 2019
Accepted Paper Series
University of Sydney Law School, University of Oxford, Lincoln College, Students and The University of Sydney Law School
Downloads 26
23.

The Legal and Scientific Challenge of Black Box Expertise

Searston, R.A., and J. Chin, 'The Legal and Scientific Challenge of Black Box Expertise,' University of Queensland Law Journal (Forthcoming), Sydney Law School Research Paper No. #19/39
Number of pages: 34 Posted: 28 Jun 2019
Accepted Paper Series
Independent and Sydney Law School
Downloads 43
24.

Consumer Contracts and Product Safety Law in Southeast Asia: Partly Trading Up?

'Consumer Contracts and Product Safety Law in Southeast Asia: Partly Trading Up?' in Hsieh, P.L., and B. Mercurio (eds)" ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms", Cambridge University Press, 2019, Sydney Law School Research Paper No. #19/37
Number of pages: 23 Posted: 25 Jun 2019
Accepted Paper Series
The University of Sydney Law School and University of Melbourne - Law School
Downloads 12
25.

The Osland 'Wrong Turn' and the Problems that Fictions Produce

Dyer, A., "The Osland 'Wrong Turn' and the Problems that Fictions Produce," UNSW Law Journal, 42:2, 2019, pp. 500 - 533, Sydney Law School Research Paper No. #19/36
Number of pages: 35 Posted: 23 Jun 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 20
26.

The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study

Irving, H., 'The Concept of Allegiance in Citizenship Law and Revocation: An Australian Study,' Citizenship Studies, 23:4, 2019, pp. 372-387., Sydney Law School Research Paper No. #19/35
Number of pages: 20 Posted: 13 Jun 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 15
27.

On the Relative Irrelevance of Constitutional Design: Lessons from Poland

Sydney Law School Research Paper No. #19/34
Number of pages: 29 Posted: 13 Jun 2019 Last Revised: 15 Jun 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 88
28.

Labouring Outside the Law: Migrant Workers and the Protective Reach of Australian Law

Sydney Law School Research Paper No. #19/30, May 2019
Number of pages: 22 Posted: 12 Jun 2019
Working Paper Series
The University of Sydney Law School and Carroll and O’Dea Lawyers
Downloads 30
29.

Neurobionic Revenge Porn and the Criminal Law: Brain-Computer Interfaces and Intimate Image Abuse

Nicole Vincent, Thomas Nadelhoffer and Allan McCay (eds), "Neurointerventions and the Law: Regulating Human Mental Capacity". New York: Oxford University Press (Forthcoming) , Sydney Law School Research Paper No. #19/33
Number of pages: 33 Posted: 11 Jun 2019
Accepted Paper Series
University of Sydney
Downloads 58
30.

ASEAN Consumer Law Harmonisation and Cooperation: Backdrop and Overarching Perspectives

Luke Nottage, Justin Malbon, Jeannie Marie Paterson and Caron Beaton-Wells, "ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges", Cambridge University Press (Forthcoming), Sydney Law School Research Paper No. #19/32
Number of pages: 36 Posted: 04 Jun 2019
Accepted Paper Series
The University of Sydney Law School, Monash University - Faculty of Law, University of Melbourne - Law School and Melbourne Law School
Downloads 21
31.

'Big' Food, Tobacco, and Alcohol: Reducing Industry Influence on Noncommunicable Disease Prevention Laws and Policies - Comment on 'Addressing NCDs: Challenges From Industry Market Promotion and Interferences'

Reeve, B. and Gostin, L.O., "'Big' Food, Tobacco, and Alcohol: Reducing Industry Influence on Noncommunicable Disease Prevention Laws and Policies", International Journal of Health Policy and Management (2019). (Forthcoming), Sydney Law School Research Paper No. 19/31, May 2019
Number of pages: 6 Posted: 21 May 2019
Accepted Paper Series
The University of Sydney Law School and Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Downloads 25
32.

What is the Point of International Environmental Law Scholarship in the Anthropocene?

'What is the Point of International Environmental Law Scholarship in the Anthropocene?' in Pedersen, O.W. (ed.), "Perspectives on Environmental Law Scholarship: Essays on Purpose, Shape and Direction", Cambridge University Press, Cambridge, UK (2018): 121-139., Sydney Law School Research Paper No. 19/25
Number of pages: 20 Posted: 10 May 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 64
33.

Digital Access to Justice from Prison: Is There a Right to Technology?

McKay, Carolyn. "Digital Access to Justice from Prison: Is There a Right to Technology?”, 2018, 42:5, Crim LJ, 303., Sydney Law School Research Paper No. 19/29,
Number of pages: 21 Posted: 09 May 2019 Last Revised: 25 Jun 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 27
34.

Equitable Relief in Transnational Intellectual Property Disputes

Journal of Equity, Vol. 12, (2018); 151-167., Sydney Law School Research Paper No. 12/26
Number of pages: 21 Posted: 08 May 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 30
35.

Diminution and Secularisation of Oaths in Australian Courts

Australian Bar Review, Vol 37, (2013); 291-306, Sydney Law School Research Paper No. 19/27
Number of pages: 17 Posted: 08 May 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 5
36.

Historical Foundations of Choice of Law in Fiduciary Obligations

Journal of Private International Law, 10:2 (2014); 171-203, Sydney Law School Research Paper No. 19/28
Number of pages: 36 Posted: 08 May 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 8
37.

International Commercial Arbitration in Australia: Judicial Control over Arbitral Awards

Sydney Law School Research Paper No. 19/24
Number of pages: 30 Posted: 03 May 2019 Last Revised: 21 Jun 2019
Working Paper Series
University of Sydney Law School, The University of Sydney Law School and Morrison Law
Downloads 61
38.

Reciprocal Recognition and Enforcement of Foreign Judgments in China: Promising Developments, Prospective Challenges and Proposed Solutions

Nordic Journal of International Law, Vol. 88, 2019 , Sydney Law School Research Paper No. 19/23
Number of pages: 23 Posted: 29 Mar 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 65
39.

The Significant Probative Value of Tendency Evidence

Melbourne University Law Review, 42(2), 2018 (Forthcoming), Sydney Law School Research Paper No. 19/22
Number of pages: 45 Posted: 25 Mar 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 38
40.

Available – But Not Accessible? Investigating Publisher E-Lending Licensing Practices

Information Research, 24:3, 2019, Sydney Law School Research Paper No. 19/20
Number of pages: 19 Posted: 20 Mar 2019 Last Revised: 14 Oct 2019
Accepted Paper Series
Monash University - Faculty of Law, RMIT University, The University of Sydney Law School, Monash University, RMIT University and Monash University
Downloads 284
41.

What Can 100,000 Books Tell Us about the International Public Library e-lending Landscape?

Information Research, 24:3, 2019, Sydney Law School Research Paper No. 19/21
Number of pages: 20 Posted: 20 Mar 2019 Last Revised: 14 Oct 2019
Accepted Paper Series
Monash University - Faculty of Law, RMIT University, Monash University, RMIT University, The University of Sydney Law School and Monash University
Downloads 189
42.

The Life and Times of the Genuine Link

Victoria University of Wellington Law Review, 49:4, 2018, pp. 645 - 670, Sydney Law School Research Paper No. 19/18
Number of pages: 28 Posted: 15 Mar 2019 Last Revised: 29 Mar 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 20
43.

Amicable Settlements in Investor-State Disputes: Empirical Analysis of Patterns and Perceived Problems

Sydney Law School Research Paper No. 19/17
Number of pages: 31 Posted: 14 Mar 2019 Last Revised: 16 Aug 2019
Working Paper Series
The University of Sydney, Faculty of Law, Students
Downloads 46
44.

Constitutional Change in Australia: The Paradox of the Frozen Continent

"Routledge Handbook on Comparative Constitutional Change", edited by Alkmene Fotiadou and Xenophon Contiades (Forthcoming), Sydney Law School Research Paper No. 19/16, U of Melbourne Legal Studies Research Paper No. 831
Number of pages: 19 Posted: 04 Mar 2019 Last Revised: 23 Aug 2019
Accepted Paper Series
The University of Sydney Law School and University of Melbourne - Law School
Downloads 67
45.

Non-Communicable Diseases and Global Health Politics

"The Oxford Handbook of Global Health Politics", edited by Colin McInnes, Kelley Lee, Jeremy Youde, Oxford University Press, 2019, Sydney Law School Research Paper No. 19/15
Number of pages: 44 Posted: 28 Feb 2019 Last Revised: 19 Mar 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 57
46.

The Primary Judge in Equity

Australian Law Journal, Vol. 90, 2016, pp 783-788, Sydney Law School Research Paper No. 19/13
Number of pages: 9 Posted: 28 Feb 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 19
47.

Injunctions Restraining Enforcement of 'Muslim Ban' Executive Orders

Australian Law Journal, Vol. 91, 2017, pp 443-447, Sydney Law School Research Paper No. 19/14
Number of pages: 6 Posted: 28 Feb 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 19
48.

'Chameleon-Hued Words': A Note on Discretionary Trusts

Australian Law Journal, Vol. 89, 2015, pp 371-374, Sydney Law School Research Paper No. 19/11
Number of pages: 6 Posted: 28 Feb 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 30
49.

Proprietary Relief and Tracing in Equity

Australian Law Journal, Vol. 90, 2016, pp 92-95, Sydney Law School Research Paper No. 19/12
Number of pages: 7 Posted: 28 Feb 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 8
50.

Translating Overseas Trusts into the Australian Legal System

Australian Law Journal, Vol. 88, 2014, pp. 169 - 171, Sydney Law School Research Paper No. 19/09
Number of pages: 6 Posted: 28 Feb 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 20