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Monash University Faculty of Law Legal Studies Research Paper Series
48,546 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

Monash University Law

Showing Papers 1 - 50 of 438
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Who Will Care for Grandma? Older Women, Parent Visas, and Australia's Migration Program
Australian Feminist Law Journal, Vol. 42(2), p. 297-319, 2016
Heli Askola
Monash University - Faculty of Law
Date Posted: May 22, 2017
Working Paper Series

Incl. Electronic Paper Section 32(1) of the Charter: Confining Statutory Discretions Compatibly with Charter Rights?
Monash University Faculty of Law Legal Studies Research Paper
Bruce Chen
Monash University, Faculty of Law, Students
Date Posted: April 13, 2017
Accepted Paper Series
7 downloads

Incl. Electronic Paper State Responsibility and Cyberattacks: Defining Due Diligence Obligations
4(2) The Indonesian Journal of International and Comparative Law 191-260 (Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 2907662
Ian Yuying Liu
Monash University, Faculty of Law, Students
Date Posted: February 02, 2017
Last Revised: February 22, 2017
Accepted Paper Series
53 downloads

Incl. Electronic Paper Regulating for Broadcasting Diversity: Balancing Economic and Social Values in the Public Interest
G. Gounalakis and G. Taylor (eds), Media Diversity Law: Australia and Germany Compared (Peter Lang Academic Research, 2016) 99-124, Monash University Faculty of Law Legal Studies Research Paper No. 2017/02
Eric Windholz
Monash University - Faculty of Law
Date Posted: January 09, 2017
Last Revised: February 06, 2017
Accepted Paper Series
10 downloads

Incl. Electronic Paper The Evolution of a Modern (and More Legitimate) Regulator: A Case Study of the Victorian Environment Protection Authority
(2016) 3 Australian Journal of Environmental Law 17-43, Monash University Faculty of Law Legal Studies Research Paper No. 2017/03
Eric Windholz
Monash University - Faculty of Law
Date Posted: January 08, 2017
Last Revised: February 05, 2017
Accepted Paper Series
53 downloads

Incl. Electronic Paper The Sanctity of Asylum: The Legality of Church Sanctuary in Australia
(2016) 41(4) Alternative Law Journal, Monash University Faculty of Law Legal Studies Research Paper No. 2017/01
Maria O'Sullivan
Monash University - Faculty of Law
Date Posted: January 04, 2017
Last Revised: February 05, 2017
Accepted Paper Series
27 downloads

Incl. Electronic Paper Protecting Human Rights In Detention: Rights, Monitoring and OPCAT
Alternative Law Journal 41(3) 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/10
Bronwyn Naylor
RMIT University - Graduate School of Business and Law
Date Posted: November 07, 2016
Last Revised: December 07, 2016
Accepted Paper Series
53 downloads

Incl. Electronic Paper Human Rights and Their Application in Prisons
(2016) 227 Prison Service Journal 17-22, Monash University Faculty of Law Legal Studies Research Paper No. 2016/9
Bronwyn Naylor
RMIT University - Graduate School of Business and Law
Date Posted: November 01, 2016
Last Revised: March 13, 2017
Accepted Paper Series
34 downloads

Incl. Electronic Paper Reframing Public Inquiries as 'Procedural Justice' for Victims of Institutional Child Abuse: Towards a Hybrid Model of Justice
(2016) 38 Sydney Law Review 277-309, Monash University Faculty of Law Legal Studies Research Paper No. 2016/8
Anne-Marie McAlinden and Bronwyn Naylor
Queen's University Belfast - School of Law and RMIT University - Graduate School of Business and Law
Date Posted: November 01, 2016
Last Revised: December 07, 2016
Accepted Paper Series
22 downloads

The Involuntary Sterilisation of Marginalized Women: Power, Discrimination, and Intersectionality
Griffith Law Review, Vol. 25(1), p. 45-70, 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/8
Ronli Sifris
Monash University - Faculty of Law
Date Posted: October 27, 2016
Last Revised: December 07, 2016
Accepted Paper Series

Incl. Electronic Paper Is It Copyright's Role to Fill Houses with Books?
Susy Frankel and Daniel Gervais, Intellectual Property and Regulation of the Internet: The Nexus with Human and Economic Development, 2017, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2016/7
Rebecca Giblin
Monash University - Faculty of Law
Date Posted: October 25, 2016
Last Revised: December 07, 2016
Accepted Paper Series
78 downloads

Incl. Electronic Paper Suspected War Criminals in Australia: Law and Policy
Melbourne University Law Review, Vol. 40, No. 1, 2016, La Trobe Law School - Law & Justice Research Paper Series Paper No. 16-13, Monash University Faculty of Law Legal Studies Research Paper No. 2016/03
Pascale Chifflet and Gideon John Boas
La Trobe University - School of Law and Monash University - Faculty of Law
Date Posted: September 28, 2016
Last Revised: December 07, 2016
Accepted Paper Series
27 downloads

Incl. Electronic Paper Human Rights and People with Disabilities in Closed Environments
Patsie Frawley and Bronwyn Naylor
Deakin University and RMIT University - Graduate School of Business and Law
Date Posted: September 19, 2016
Working Paper Series
14 downloads

Incl. Electronic Paper Human Rights and Respect in Prisons: The Prisoners’ Perspective
Bronwyn Naylor
RMIT University - Graduate School of Business and Law
Date Posted: September 19, 2016
Working Paper Series
29 downloads

(No) Migrating for Family Care in Later Life: Senchishak v Finland, Older Parents and Family Reunification
European Journal of Migration and Law, Vol. 18(3), p. 351-372, 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/03
Heli Askola
Monash University - Faculty of Law
Date Posted: September 12, 2016
Last Revised: October 04, 2016
Accepted Paper Series

Incl. Electronic Paper Securing Health and Safety at Major Sporting Events
(2016) Sports Law eJournal Art. 31, Monash University Faculty of Law Legal Studies Research Paper No. 2016/04
Eric Windholz
Monash University - Faculty of Law
Date Posted: August 26, 2016
Last Revised: October 04, 2016
Accepted Paper Series
20 downloads

Incl. Electronic Paper Modern Families: Should Children Be Able to Have More than Two Parents Recorded on Their Birth Certificates?
Victoria University Law and Justice Journal (2015) 5 (1), Monash University Faculty of Law Legal Studies Research Paper No. 2016/5
Paula Gerber and Phoebe Irving Lindner
Monash University - Faculty of Law and Monash Univeristy
Date Posted: May 03, 2016
Last Revised: December 07, 2016
Accepted Paper Series
65 downloads

Incl. Electronic Paper The Charter's Effect on Administrative Decision-Making
(2016) 27 Public Law Review 3, Monash University Faculty of Law Legal Studies Research Paper No. 2016/02
Janina Boughey
Monash University - Faculty of Law
Date Posted: April 28, 2016
Last Revised: May 02, 2016
Accepted Paper Series
46 downloads

Incl. Electronic Paper New Rules and Record Keeping: Supporting Redress for Victims of Child Abuse
Alternative Law Journal, Vol.41(1), 2016, Monash University Faculty of Law Legal Studies Research Paper No. 2016/01
Moira Paterson and Melissa Castan
Monash University - Faculty of Law and Monash University - Faculty of Law
Date Posted: April 27, 2016
Last Revised: May 02, 2016
Accepted Paper Series
44 downloads

Incl. Electronic Paper Extending Public Law: Digital Engagement, Education and Academic Identity
(2015) 25 Legal Education Review
Melissa Castan and Kate Galloway
Monash University - Faculty of Law and Bond University
Date Posted: April 18, 2016
Last Revised: May 02, 2016
Accepted Paper Series
34 downloads

Incl. Electronic Paper The Principle of Legality: Issues of Rationale and Application
(2015) 41(2) Monash University Law Review 329, Monash University Faculty of Law Legal Studies Research Paper No. 2015/19
Bruce Chen
Monash University, Faculty of Law, Students
Date Posted: April 15, 2016
Last Revised: May 02, 2016
Accepted Paper Series
43 downloads

Incl. Electronic Paper Reading the City and the City as an International Lawyer: Reflections on Territoriality, Jurisdiction and Transnationality
(2016) 4 London Review of International Law 195-207, Monash University Faculty of Law Legal Studies Research Paper No. 2016/6
Douglas Guilfoyle
Monash University - Faculty of Law
Date Posted: April 13, 2016
Last Revised: December 07, 2016
Accepted Paper Series
41 downloads

Incl. Electronic Paper The Reasonableness of Proportionality in the Australian Administrative Law Context
(2015) 43 Federal Law Review 59
Janina Boughey
Monash University - Faculty of Law
Date Posted: February 24, 2016
Last Revised: December 06, 2016
Accepted Paper Series
73 downloads

Incl. Electronic Paper The Relaxation of Representative Standing in Administrative Law: A Side-Effect of Charters of Rights?
(2016) 49 University of British Columbia Law Review 47, Monash University Faculty of Law Legal Studies Research Paper No. 2016/04
Janina Boughey
Monash University - Faculty of Law
Date Posted: February 24, 2016
Last Revised: December 07, 2016
Accepted Paper Series
49 downloads

Incl. Electronic Paper The Rights of Prisoners Under the Victorian Charter: A Critical Analysis of the Jurisprudence on the Treatment of Prisoners and Conditions of Detention
University of New South Wales Law Journal, Vol. 38, No. 4, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/15
Julie Debeljak
Monash University - Faculty of Law
Date Posted: December 04, 2015
Last Revised: January 12, 2016
Accepted Paper Series
45 downloads

Incl. Electronic Paper Researching Human Rights in Prisons
(2015) 4:1 International Journal for Crime, Social Justice and Democracy 79, Monash University Faculty of Law Legal Studies Research Paper No. 2015/16
Bronwyn Naylor
RMIT University - Graduate School of Business and Law
Date Posted: December 03, 2015
Last Revised: January 12, 2016
Accepted Paper Series
53 downloads

Incl. Electronic Paper A Strategic Framework for Implementing Human Rights in Closed Environments
(2015) 41 Monash University Law Review 218, Monash University Faculty of Law Legal Studies Research Paper No. 2015/17
Bronwyn Naylor, Julie Debeljak and Anita Mackay
RMIT University - Graduate School of Business and Law, Monash University - Faculty of Law and La Trobe University
Date Posted: December 03, 2015
Last Revised: January 12, 2016
Accepted Paper Series
41 downloads

Incl. Electronic Paper Teaching Native Title
(1997) 8(1) Legal Education Review 75
Melissa Castan and Jenny Schultz
Monash University - Faculty of Law and Law Faculty, Monash University
Date Posted: November 02, 2015
Accepted Paper Series
11 downloads

Australian Indigenous Legal Issues in Popular Culture
Law and Popular Culture in Australia, eds Melissa de Zwart, Bernadette Richards and Suzanne Le Mire, 2015
Melissa Castan
Monash University - Faculty of Law
Date Posted: September 21, 2015
Accepted Paper Series

Incl. Electronic Paper Constitutional Recognition, Self-Determination and an Indigenous Representative Body
Indigenous Law Bulletin, vol 8, issue 19, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/14
Melissa Castan
Monash University - Faculty of Law
Date Posted: September 17, 2015
Last Revised: October 05, 2015
Accepted Paper Series
57 downloads

Incl. Electronic Paper Professional Sport, Work Health and Safety Law and Reluctant Regulators
(2015) Sports Law e Journal, ISSN 1836-1129. , Monash University Faculty of Law Legal Studies Research Paper No. 2015/13
Eric Windholz
Monash University - Faculty of Law
Date Posted: September 03, 2015
Last Revised: October 05, 2015
Accepted Paper Series
128 downloads

Incl. Electronic Paper Team-Based Professional Sporting Competitions and Work, Health and Safety Law: Defining the Boundaries of Responsibility
(2015) 43 Australian Business Law Review 303, Monash University Faculty of Law Legal Studies Research Paper No. 2015/12
Eric Windholz
Monash University - Faculty of Law
Date Posted: September 03, 2015
Last Revised: October 05, 2015
Accepted Paper Series
129 downloads

Incl. Electronic Paper At the Intersection of Public Service and the Market: Libraries and the Future of Lending
(2015) 26 Australian Intellectual Property Journal 4-26, Sydney Law School Research Paper No. 15/71, Monash University Faculty of Law Legal Studies Research Paper No. 2015/11
Rebecca Giblin and Kimberlee G. Weatherall
Monash University - Faculty of Law and The University of Sydney Law School
Date Posted: August 21, 2015
Last Revised: March 31, 2016
Accepted Paper Series
238 downloads

Incl. Electronic Paper Claiming Justice in Injury Law
(2015) 41(3) Monash University Law Review 618-654, Monash University Faculty of Law Legal Studies Research Paper No. 05/2015
Genevieve Grant
Monash University - Faculty of Law
Date Posted: July 25, 2015
Last Revised: March 31, 2016
Accepted Paper Series
111 downloads

Incl. Electronic Paper Sentencing for Child Sexual Abuse in Institutional Contexts
Monash University Faculty of Law Legal Studies Research Paper No. 2015/10
Arie Freiberg, Hugh Donnelly and Karen R. Gelb
Monash University - Faculty of Law, Judicial Commission of New South Wales and Independent
Date Posted: July 21, 2015
Last Revised: August 10, 2015
Working Paper Series
31 downloads

Incl. Electronic Paper A World of Difference: The Budapest Convention on Cybercrime and the Challenges of Harmonisation
(2014) 40(3) Monash University Law Review 698-736, Monash University Faculty of Law Legal Studies Research Paper No. 2015/06
Jonathan Clough
Monash University - Faculty of Law
Date Posted: June 09, 2015
Last Revised: August 06, 2015
Accepted Paper Series
350 downloads

Incl. Electronic Paper Rethinking Asylum-Seeker Detention at Sea: The Power to Detain Asylum-Seekers at Sea Under the Maritime Powers Act 2013
University of New South Wales Law Journal, Vol. 38, No. 2, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/07
Patrick Emerton and Maria O'Sullivan
Monash University - Faculty of Law and Monash University - Faculty of Law
Date Posted: May 31, 2015
Last Revised: August 06, 2015
Accepted Paper Series
65 downloads

Incl. Electronic Paper Detention of Australia’s Asylum Seekers in Nauru: Is Deprivation of Liberty by Any Other Name Just as Unlawful?
University of New South Wales Law Journal, Vol. 38, No. 2, 2015, Monash University Faculty of Law Legal Studies Research Paper No. 2015/08
Azadeh Dastyari
Monash University - Faculty of Law
Date Posted: May 28, 2015
Last Revised: August 06, 2015
Accepted Paper Series
98 downloads

Incl. Electronic Paper Access to Justice: A Comparative Analysis of Cuts to Legal Aid
Monash University Faculty of Law Legal Studies Research Paper No. 2014/06
Asher Flynn, Arie Freiberg, Jude McCulloch, Bronwyn Naylor and Jacqueline Hodgson
Monash University, Monash University - Faculty of Law, Monash University, RMIT University - Graduate School of Business and Law and University of Warwick - School of Law
Date Posted: May 25, 2015
Last Revised: June 02, 2015
Working Paper Series
108 downloads

Incl. Electronic Paper Tasmania's Reproductive Health (Access to Terminations) Act 2013: An Analysis of Conscientious Objection to Abortion and the 'Obligation to Refer'
22 Journal of Law and Medicine, 2015 pp 900-914, Monash University Faculty of Law Legal Studies Research Paper No. 2015/09
Ronli Sifris
Monash University - Faculty of Law
Date Posted: April 18, 2015
Last Revised: August 06, 2015
Accepted Paper Series
81 downloads

Incl. Electronic Paper Employers' Rights to Intellectual Property: Australia
Employees’ Intellectual Property Rights, Forthcoming, Monash University Faculty of Law Legal Studies Research Paper No. 2014/07,
Ann Monotti
Monash University - Faculty of Law
Date Posted: April 17, 2015
Last Revised: June 02, 2015
Accepted Paper Series
58 downloads

Incl. Electronic Paper The Recognition of Indigenous Australians in the Teaching of Federal Constitutional Law
Journal of the Australasian Law Teachers Association (2014) Vol 7 No 1 & 2, p 87, Monash University Faculty of Law Legal Studies Research Paper No. 2014/08
Melissa Castan
Monash University - Faculty of Law
Date Posted: March 27, 2015
Last Revised: June 02, 2015
Accepted Paper Series
21 downloads

Incl. Electronic Paper Reimagining Copyright's Duration
What If We Could Reimagine Copyright? Rebecca Giblin & Kimberlee Weatherall, eds, ANU Press, 2017, Monash University Faculty of Law Legal Studies Research Paper No. 2014/09
Rebecca Giblin
Monash University - Faculty of Law
Date Posted: February 07, 2015
Last Revised: January 10, 2017
Accepted Paper Series
202 downloads

Incl. Electronic Paper Exemplary Damages for Invasions of Privacy
Journal of Media Law, Volume 6, Number 1, July 2014, 69-93, Monash University Faculty of Law Legal Studies Research Paper No. 2014/06
Normann Witzleb
Monash University - Faculty of Law
Date Posted: November 06, 2014
Last Revised: January 13, 2015
Accepted Paper Series
171 downloads

Incl. Electronic Paper We (Still) Need to Talk About Aereo: New Controversies and Unresolved Questions After the Supreme Court's Decision
38 Columbia Journal of Law & the Arts 109, Monash University Faculty of Law Legal Studies Research Paper No. 2014/04, Columbia Law and Economics Working Paper No. 516
Rebecca Giblin and Jane C. Ginsburg
Monash University - Faculty of Law and Columbia Law School
Date Posted: October 27, 2014
Last Revised: June 05, 2015
Accepted Paper Series
276 downloads

Incl. Electronic Paper The Use of Administrative Law to Enforce Human Rights
17 Australian Journal of Administrative Law 25, 2009
Janina Boughey
Monash University - Faculty of Law
Date Posted: October 19, 2014
Last Revised: April 29, 2016
Accepted Paper Series
106 downloads

Incl. Electronic Paper A Seed on Barren Ground? The ALRC's Recommendation for a Statutory Privacy Tort
(2014) 42 Australian Business Law Review 403-405, Monash University Faculty of Law Legal Studies Research Paper No. 2014/05
Normann Witzleb
Monash University - Faculty of Law
Date Posted: October 18, 2014
Last Revised: January 13, 2015
Accepted Paper Series
47 downloads

Incl. Electronic Paper Before the High Court: Minister for Immigration and Border Protection v SZSCA: Should Asylum Seekers Modify Their Conduct to Avoid Persecution?
(2014) 36(3) Sydney Law Review 541-556, Monash University Faculty of Law Legal Studies Research Paper 2014/01
Maria O'Sullivan
Monash University - Faculty of Law
Date Posted: October 15, 2014
Last Revised: November 10, 2014
Accepted Paper Series
48 downloads

Incl. Electronic Paper The Challenge to Privacy from Ever Increasing State Surveillance: A Comparative Perspective
University of New South Wales Law Journal, Vol. 37, No. 2, pp. 748-783, 2014, Monash University Faculty of Law Legal Studies Research Paper 2014/02
Konrad Lachmayer and Normann Witzleb
Durham Law School and Monash University - Faculty of Law
Date Posted: September 27, 2014
Last Revised: December 02, 2014
Accepted Paper Series
191 downloads

Incl. Electronic Paper ‘Equity Does Not Act in Vain’: An Analysis of Futility Arguments in Claims for Injunctions
(2010) 32(3) Sydney Law Review 503-531
Normann Witzleb
Monash University - Faculty of Law
Date Posted: September 25, 2014
Accepted Paper Series
80 downloads


 

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