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University of Sydney Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,522 papers

1.

'You Wouldn't Steal a Car': Intellectual Property and the Language of Theft

European Intellectual Property Review, Vol. 29, No. 10, pp. 401-405, 2007, Sydney Law School Research Paper No. 08/35
Number of pages: 10 Posted: 24 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 1,214
2.

He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen

Sydney Law School Research Paper No. 20/07, A. Dyer and D. Hamer, "He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen", Sydney Law Review, 42:1, 2020, Forthcoming
Number of pages: 14 Posted: 20 Feb 2020
Accepted Paper Series
The University of Sydney Law School and The University of Sydney Law School
Downloads 6
3.

Elder Financial Abuse: Fiduciary Law and Economics

Sydney Law School Research Paper No. 20/06, Chen, B., 'Elder Financial Abuse: Fiduciary Law and Economics', Notre Dame Journal of Law, Ethics, and Public Policy, 34, 2020 (Forthcoming)
Number of pages: 58 Posted: 19 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 9
4.

Portrait of the Artist as a White Man: The International Law of Human Rights and Aboriginal Culture

Australian Yearbook of International Law, Vol. 16, pp. 175-197, 1995
Number of pages: 26 Posted: 16 Feb 2020
Accepted Paper Series
University of New South Wales, Faculty of Law
Downloads 144
5.

The Mechanical Eye: Looking, Seeing, Photographing, Publishing

COURTING THE MEDIA: CONTEMPORARY PERSPECTIVES ON MEDIA AND LAW, pp. 75-98, Geoffrey Sykes, ed., Nova Publishers: New York, 2010, Sydney Law School Research Paper No. 10/37
Number of pages: 36 Posted: 08 Feb 2020 Last Revised: 08 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 158
6.

Improving the Effectiveness of the Consumer Product Safety System: Australian Law Reform in Asia-Pacific Context

Sydney Law School Research Paper No. 20/05
Number of pages: 27 Posted: 03 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 8
7.

Triviality, Proportionality and the Minimum Threshold of Seriousness in Defamation Law

Rolph, D. ‘Triviality, Proportionality and the Minimum Threshold of Seriousness in Defamation Law’, Media and Arts Law Review, 23(3), 2019, pp. 280-306, Sydney Law School Research Paper No. 20/04,
Number of pages: 25 Posted: 01 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 33
8.

Indigenous Property Matters in Real Property Courses at Australian Universities

Graham, N., 'Indigenous Property Matters in Real Property Courses at Australian Universities', Legal Education Review, 19:1/2, 2009. pp. 289-304, Sydney Law School Research Paper No. 20/03
Number of pages: 14 Posted: 23 Jan 2020
Working Paper Series
Sydney Law School
Downloads 5
9.

It's About this: Lesbians, Prison, Desire

Social and Legal Studies, Vol. 13, pp. 155-190, 2004
Number of pages: 36 Posted: 22 Jan 2020
Accepted Paper Series
University of Technology, Sydney, Faculty of Law
Downloads 219
10.

Progressive Punitiveness in Queensland

Dyer, A., "Progressive Punitiveness in Queensland", Australian Bar Review, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/02
Number of pages: 55 Posted: 21 Jan 2020
Working Paper Series
The University of Sydney Law School
Downloads 23
11.

Majority Rule, Democracy, and Populism: Theoretical Considerations

Sydney Law School Research Paper No. 20/01
Number of pages: 10 Posted: 10 Jan 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 35
12.

Expert Witness Codes of Conduct for Forensic Practitioners: A Review and Proposal for Reform

Sydney Law School Research Paper No. 19/82
Number of pages: 25 Posted: 19 Dec 2019
Working Paper Series
Sydney Law School and University of Queensland - T.C. Beirne School of Law
Downloads 37
13.

Dephysicalised Property and Shadow Lands

N. Graham, 'Dephysicalised Property and Shadow Lands' in R. Bartel and J. Carter (Eds) "Handbook on Law, Space and Place", Edward Elgar Publishing, Cheltenham, UK, 2020 (Forthcoming), Sydney Law School Research Paper No. 19/83
Number of pages: 15 Posted: 18 Dec 2019
Accepted Paper Series
Sydney Law School
Downloads 19
14.

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: 18 Dec 2019 Last Revised: 18 Dec 2019
Accepted Paper Series
University of Melbourne - Law School, RMIT University, The University of Sydney Law School, Monash University, RMIT University and Monash University
Downloads 314
15.

'Entire Agreement' Clauses: How Effective?

J. Eldridge, 'Entire Agreement' Clauses: How Effective?' (2019) 33(4) "Commercial Law Quarterly", pp. 3-8 (edited version), Sydney Law School Research Paper No. 19/78
Number of pages: 11 Posted: 13 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 68
16.

Brexit, the Prerogative, the Courts and Article 9 of the Bill of Rights

Sydney Law School Research Paper No. 19/79
Number of pages: 12 Posted: 13 Dec 2019 Last Revised: 04 Feb 2020
Working Paper Series
The University of Sydney Law School
Downloads 98
17.

Internet (Un)Immunity: Where Does China Stand?

J. Huang, 'Internet (Un)Immunity: Where Does China Stand?', Asian Journal of Law and Society, (2020, Forthcoming) , Sydney Law School Research Paper No. 19/74
Number of pages: 34 Posted: 09 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 12
18.

Statute Law in the Law of Obligations: Dimensions of Form and Substance

M. Leeming, 'Statute Law in the Law of Obligations: Dimensions of Form and Substance' in A. Robertson and J. Goudkamp, "Form and Substance in the Law of Obligations", Hart Publishing, London, UK, 2019, pp. 353-372, Sydney Law School Research Paper No. 19/76
Number of pages: 25 Posted: 06 Dec 2019 Last Revised: 17 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 39
19.

Has the Golden Age of Fraud Passed?

M. Leeming, "Has the Golden Age of Fraud Passed?" (2019) 19 OUCLJ 298, Sydney Law School Research Paper No. 19/75
Number of pages: 10 Posted: 06 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 15
20.

An Analysis of Pitt Cobbett's Portrait of Australia's Constitution from 1788 to 1919

A. Twomey, 'Pitt Cobbett - A Portrait of Australia's Consitution at 1919' in A. Twomey (ed.), "William Pitt Cobbett, The Constitution and Government of Australia, 1788 to 1919", The Federation Press, Sydney, 2019 , Sydney Law School Research Paper No. 19/72
Number of pages: 33 Posted: 06 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 34
21.

Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making?

T.Carney, S-N Then, C. Bigby, I. Wiesel, J, Douglas, E. Smith, 'Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making?', Griffith Law Review, 2019 (Forthcoming), Sydney Law School Research Paper No. 19/70,
Number of pages: 31 Posted: 06 Dec 2019
Accepted Paper Series
The University of Sydney Law School, Queensland University of Technology - Faculty of Law, La Trobe University, Geography and Resource Management, La Trobe University and La Trobe University
Downloads 11
22.

Mediating Japan-Korea Trade and Investment Tensions

Sydney Law School Research Paper No. 19/73
Number of pages: 22 Posted: 05 Dec 2019
Working Paper Series
Rikkyo University, The University of Sydney Law School and Williams Trade LawThe University of Sydney Law School
Downloads 27
23.

Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia

T. Carney, 'Adult Guardianship and Other Financial Planning Mechanisms for People with Cognitive Impairment in Australia' in L. Ho and R. Lee (Eds.), 'Special Needs Financial Planning: A Comparative Perspective', CUP, 2019, pp. 3-29 , Sydney Law School Research Paper No. 19/71
Number of pages: 22 Posted: 02 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 16
24.

Forensic Science Evidence, Wrongful Convictions and Adversarial Process

'Forensic Science Evidence, Wrongful Convictions and Adversarial Process", University of Queensland Law Journal, 38:2, 2019 (Forthcoming), Sydney Law School Research Paper No. 19/68
Number of pages: 44 Posted: 02 Dec 2019
Accepted Paper Series
The University of Sydney Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 79
25.

National Disability Insurance Scheme Plan Decision-Making: Or When Tailor-Made Case Planning Met Taylorism and the Algorithms?

T. Carney, S-N. Then, C. Bigby, I. Wiesel, J. Douglas, 'National Disability Insurance Scheme Plan Decision-Making: Or When Tailor-Made Case Planning Met Taylorism and the Algorithms?', Melbourne University Law Review, 42:3, 2019 (Forthcoming), Sydney Law School Research Paper No. 19/69
Number of pages: 32 Posted: 02 Dec 2019
Accepted Paper Series
The University of Sydney Law School, Queensland University of Technology - Faculty of Law, La Trobe University, Geography and Resource Management and La Trobe University
Downloads 17
26.

Predicting Risk in Criminal Procedure: Actuarial Tools, Algorithms, AI and Judicial Decision-Making

McKay, C., 'Predicting Risk in Criminal Procedure: Actuarial Tools, Algorithms, AI and Judicial Decision-Making', Current Issues in Criminal Justice, 2019 (Forthcoming), Sydney Law School Research Paper No. 19/67
Number of pages: 25 Posted: 02 Dec 2019
Working Paper Series
The University of Sydney Law School
Downloads 104
27.

Equity in Australia and the United Kingdom: Dissonance and Concordance

Sydney Law School Research Paper No. 19/66
Number of pages: 20 Posted: 14 Nov 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 136
28.

Rule of Law v. the Rule of Men and Women: What’s in the Distinction? A Very Short Essay for Martin Krygier

Sydney Law School Research Paper No. #19/64
Number of pages: 6 Posted: 24 Oct 2019 Last Revised: 07 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 46
29.

Sydney’s Drinking Water Catchment: A Legal Geographical Analysis of Coal Mining and Water Security

'Sydney’s Drinking Water Catchment: A Legal Geographical Analysis of Coal Mining and Water Security' in Tayanah O'Donnell, Daniel Robinson and Josephine Gillespie (Eds.), "Legal Geography: Perspectives and Methods", Routledge, 2020 (Forthcoming) , Sydney Law School Research Paper No. #19/63,
Number of pages: 23 Posted: 24 Oct 2019 Last Revised: 27 Oct 2019
Accepted Paper Series
Sydney Law School
Downloads 16
30.

Appeals Against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v. Western Australia

Criminal Law Journal, 43:3, 2019, pp. 201-214, Sydney Law School Research Paper No. #19/62
Number of pages: 17 Posted: 16 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 4
31.

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 83
32.

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 24
33.

Fledgling Corporate Governance and Independent Directors in Cambodia's Securities Market

L. Nottage,'Fledgling Corporate Governance and Independent Directors in Cambodia's Securities Market', Australian Journal of Corporate Law, 2020 (Forthcoming), Sydney Law School Research Paper No. 19/60
Number of pages: 38 Posted: 26 Sep 2019 Last Revised: 06 Dec 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 22
34.

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 262
35.

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: 24 Oct 2019
Accepted Paper Series
The University of Sydney Law School
Downloads 40
36.

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 89
37.

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 75
38.

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 46
39.

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 42
40.

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 111
41.

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 85
42.

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, University of Groningen Faculty of Law Research Paper No. 40/2019
Number of pages: 31 Posted: 29 Aug 2019 Last Revised: 16 Oct 2019
Accepted Paper Series
Global Health Law Groningen Research Centre, UNAIDS, The University of Sydney Law School and University of Groningen - Faculty of Law
Downloads 21
43.

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 57
44.

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 167
45.

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 79
46.

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 13
47.

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 105
48.

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
49.

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 73
50.

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 68