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University of Sydney Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 1,642 papers

1.

Three Decades of Tension: From the Codification of Migration Decision Making to An Overarching Framework for Judicial Review

Federal Law Review, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/42
Posted: 24 Jul 2020
Accepted Paper Series
The University of Sydney Law School
2.

Coronavirus and the Law of Obligations

UNSW Law Journal Forum, No. 3, 2020, Sydney Law School Research Paper No. 20/41
Posted: 24 Jul 2020
Accepted Paper Series
The University of Western Australia Law School and The University of Sydney Law School
3.

Irreducible Life Sentences, Craig Minogue and the Capacity of Human Rights Charters to Make a Difference

UNSW Law Journal, 43:2, 2020, pp 484-520, Sydney Law School Research Paper No. 20/40
Posted: 08 Jul 2020
Accepted Paper Series
The University of Sydney Law School
4.

Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses

S.I. Strong, Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses (Oxford University Press, 2020 Forthcoming) , Sydney Law School Research Paper No. 20/39
Posted: 08 Jul 2020 Last Revised: 19 Jul 2020
Accepted Paper Series
The University of Sydney Law School
5.

Procedural Law in a Time of Pandemic: Australian Courts’ Response to COVID-19

in "Legal Responses to the Coronavirus Pandemic" (2021 Forthcoming), Sydney Law School Research Paper No. 20/38
Number of pages: 12 Posted: 07 Jul 2020
Accepted Paper Series
The University of Sydney Law School
6.

International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?

AJIL Unbound (Forthcoming 2021) , Sydney Law School Research Paper No. 20/37
Number of pages: 10 Posted: 30 Jun 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 2
7.

Foreign Investment Law: Asian Investment and the Growth of Regional Investment Agreements

in C. Antons (ed.), "Routledge Handbook of Asian Law", Routledge, 2017, Sydney Law School Research Paper No. 20/36
Number of pages: 21 Posted: 29 Jun 2020
Accepted Paper Series
The University of Sydney Law School and The University of Sydney Law School
Downloads 3
8.

International Investment Agreements and Investor-State Arbitration in Asia

shorter version in J.Chaisse, L. Choukroune and S. Jusoh, "Handbook of International Investment Law and Policy", Springer, Singapore, 2020, Sydney Law School Research Paper No. 20/08
Posted: 26 Jun 2020 Last Revised: 07 Jul 2020
Working Paper Series
The University of Sydney Law School and The University of Sydney Law School
9.

Teaching and Learning Environmental Law Using Small Group Methods

in Amanda Kennedy, Anel du Plessis, Robert Fowler, Evan Hamman and Ceri Warnock (Eds), "Teaching and Learning in Environmental Law: Pedagogy, Methodology and Best Practice", Edward Elgar Publishing, Cheltenham, UK, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/33
Number of pages: 14 Posted: 24 Jun 2020
Accepted Paper Series
The University of Sydney Law School, Environmental Law
Downloads 4
10.

Silence for Sale

Alabama Law Review, Vol. 71, No. 4, 2020, pp. 1109 - 1184, Sydney Law School Research Paper No. 20/34
Number of pages: 77 Posted: 24 Jun 2020 Last Revised: 26 Jun 2020
Accepted Paper Series
Sydney Law School
Downloads 17
11.

A Negotiation Concluded? The Normative Structure of Error of Law Review of Fact-Finding

Australian Insitute of Administrative Law Forum, 98, 2020, pp.70-84, Sydney Law School Research Paper No. 20/31
Number of pages: 16 Posted: 12 Jun 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 14
12.

Procedural Fairness in Application Cases: Is Compellability of Consideration a Critical Safeguard?

Australian Journal of Administrative Law, 25, 2018, pp 122-140, Sydney Law School Research Paper No. 20/32
Number of pages: 20 Posted: 12 Jun 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 4
13.

Inequality Measurement and Tax/Transfer Policy

Sydney Law School Research Paper No. 20/29
Number of pages: 32 Posted: 12 Jun 2020
Accepted Paper Series
The University of Sydney Law School and Ludwig Maximilian University of Munich (LMU) - Faculty of Economics

Multiple version iconThere are 2 versions of this paper

Downloads 10
14.

The Case for Principled and Practical Propensity Evidence Reform

(2020) 94 Australian Law Journal 239, Sydney Law School Research Paper No. 20/30
Number of pages: 9 Posted: 12 Jun 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 10
15.

Review: "Imperatives for Legal Education Research: Then, Now and Tomorrow" (Routledge, 2020)

UNSW Law Journal Forum [2020] No. 1, pp. 1-10, Sydney Law School Research Paper No. 20/28
Number of pages: 11 Posted: 02 Jun 2020
Accepted Paper Series
Professor of Law, The University of Sydney Law School, University of Sydney, NSW, Australia – Australian Discrimination Law Experts Group
Downloads 11
16.

Submission in response to Australian Human Rights Commission Discussion Paper, 'Human Rights and Technology', April 2020

Sydney Law School Research Paper No. 20/27
Number of pages: 23 Posted: 25 May 2020
Accepted Paper Series
The University of Sydney Law School and Gradient Institute
Downloads 35
17.

The Preamble

Boer, B., 'The Preamble', in Geert van Calster and Leonie Reins (eds)," A Commentary on the Paris Agreement on Climate Change", Edward Elgar (Forthcoming) , Sydney Law School Research Paper No. 20/25
Number of pages: 28 Posted: 17 Apr 2020
Accepted Paper Series
The University of Sydney Law School, Environmental Law
Downloads 17
18.

Can Free Trade Agreements and their Dispute Resolution Mechanisms Help Protect the Environment and Public Health? The CPTTP, MARPOL73/78 and COVID-19

This paper is a considerably updated and expanded version of Jie (Jeanne) Huang and Jiaxiang Hu, "Can Free Trade Agreement Enhance MARPOL 73/78 Compliance?" 43 Tulane Maritime Law Journal 59, 59-91 (Winter 2018). , Sydney Law School Research Paper No. 20/24
Number of pages: 24 Posted: 16 Apr 2020
Accepted Paper Series
The University of Sydney Law School and KoGuan Law School, Shanghai Jiao Tong University
Downloads 60
19.

‘Pipikos v Trayans’ - The High Court Revisits Part Performance

Leeming, M., "'Pipikos v Trayans' - The High Court Revisits Part Performance", Australian Law Journal, 93, 2019, pp. 91-94, Sydney Law School Research Paper No. 20/22
Number of pages: 8 Posted: 09 Apr 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 51
20.

COVID-19 and Applicable Law to Transnational Personal Data: Trends and Dynamics

Sydney Law School Research Paper No. 20/23
Number of pages: 47 Posted: 08 Apr 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 117
21.

Book Review: 'A History of Australian Tort Law 1901-1945: England's Obedient Servant?' by Mark Lunney (Cambridge University Press, 2018)

Australian Bar Review, 48, 2020, pp. 243-248, Leeming, M.,"Book Review: 'A History of Australian Tort Law 1901-1945: England's Obedient Servant?' by Mark Lunney (Cambridge University Press, 2018)'", Sydney Law School Research Paper No. 20/21
Number of pages: 6 Posted: 06 Apr 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 50
22.

'Sir Frederick Jordan: Fire Under the Frost', Keith Mason, Federation Press, Sydney, 2019

Campbell, J. Book Review: 'Sir Frederick Jordan: Fire Under the Frost' by Keith Mason, (Federation Press 2019), Australian Bar Review, 48, 2020, pp. 239-242, Sydney Law School Research Paper No. 20/20
Number of pages: 5 Posted: 31 Mar 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 12
23.

Reproductive Crimes in International Criminal Law

Grey, R., 'Reproductive Crimes in International Criminal Law', in I. Rosenthal, V. Oosterveld and S. SáCouto (Eds.), "Gender & International Criminal Law", OUP, UK (Forthcoming), Sydney Law School Research Paper No. 20/19
Posted: 31 Mar 2020
Accepted Paper Series
The University of Sydney Law School
24.

Learning Sacrifice: Legal Education in the Anthropocene

Graham, N., 'Learning Sacrifice: Legal Education in the Anthropocene', in K. Anker, P. Burdon, G. Garver, M. Maloney and C. Sbert (Eds.), "From Environmental to Ecological Law", Routledge, UK, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/18
Number of pages: 15 Posted: 30 Mar 2020
Accepted Paper Series
Sydney Law School
Downloads 27
25.

People With Dementia and Other Cognitive Disabilities: Relationally Vulnerable or a Source of Agency and Care?

Carney, T., ‘People with Dementia and other Cognitive Disabilities: Relationally vulnerable or a source of agency and care?’ Elder Law Review, 12(1), 2020, pp. 1-21, Sydney Law School Research Paper No. 20/17
Number of pages: 22 Posted: 27 Mar 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 15
26.

Automation in Social Security: Implications for Merits Review?

Carney, T., ‘Automation in Social Security: Implications for Merits Review?’, Australian Journal of Social Issues, (Forthcoming), Sydney Law School Research Paper No. 20/16
Number of pages: 25 Posted: 27 Mar 2020
Working Paper Series
The University of Sydney Law School
Downloads 56
27.

The Role of Australian Local Governments in Creating a Healthy Food Environment: An Analysis of Policy Documents from Six Sydney Local Governments

B. Reeve, A.M. Thow, P. Baker, J. Hersc, S.May, "The role of Australian Local Governments in Creating a Healthy Food Environment: An Analysis of Policy Documents from Six Sydney Local Governments", Australian and New Zealand Journal of Public Health, 2020, Sydney Law School Research Paper No. 20/14
Number of pages: 9 Posted: 13 Mar 2020
Accepted Paper Series
The University of Sydney Law School, affiliation not provided to SSRN, School of Regulation & Global Governance (RegNet), affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 3
28.

ASEAN Consumer Product Safety Law: Fragmented Regulation and Emergent Product Liability Regimes in Southeast Asia

"ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges", Cambridge University Press (2019), Sydney Law School Research Paper No. 20/13
Number of pages: 31 Posted: 12 Mar 2020 Last Revised: 11 Jun 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 6
29.

The Westminster Model in Comparative Administrative Law: Incentives for Controls on Regulation-Making

A. Edgar, "The Westminster Model in Comparative Administrative Law: Incentives for Controls on Regulation-Making", University of Tasmania Law Review, 38:1, 2019, pp. 47-71, Sydney Law School Research Paper No. 20/15
Number of pages: 26 Posted: 11 Mar 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 24
30.

Novel and Noteworthy Aspects of Australia’s Recent Investment Agreements and ISDS Policy: The CPTPP, Hong Kong, Indonesia and Mauritius Transparency Treaties

in Nottage, Luke; Ali, Shahla; Jetin, Bruno; Teramura, Nobumichi (eds), "New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution", Wolters Kluwer, (Forthcoming) , Sydney Law School Research Paper No. 20/12
Number of pages: 35 Posted: 07 Mar 2020 Last Revised: 26 May 2020
Working Paper Series
The University of Sydney, Law School and The University of Sydney Law School
Downloads 39
31.

When Charity No Longer Begins and Ends at Home: The Australian Government's Regulatory Response to Charities Operating Overseas

N. Silver, 'When Charity No Longer Begins and Ends at Home: the Australian Government's Regulatory Response to Charities Operating Overseas', Adelaide Law Review, 40:3, 2019, pp. 755-782, Sydney Law School Research Paper No. 20/11
Number of pages: 29 Posted: 06 Mar 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 13
32.

The Converging Regimes of Human Rights and Environmental Protection in International Law

B. Boer and R. Mwanza, 'The Converging Regimes of Human Rights and Environmental Protection in International Law' in T. Honkonen and S. Romppanen (eds), "International Environmental Law-making and Diplomacy Review, University of Eastern Finland", Joensuu, Finland, 2019, pp. 1 - 29, Sydney Law School Research Paper No. 20/09
Number of pages: 30 Posted: 05 Mar 2020 Last Revised: 24 Jun 2020
Accepted Paper Series
The University of Sydney Law School, Environmental Law and University of Eastern Finland Law School Centre for Climate, Energy and Environmental Law
Downloads 36
33.

The Destruction and Revival of Indigenous Heritage in Australia

Sydney Law School Research Paper No. 20/10
Posted: 05 Mar 2020 Last Revised: 15 Jul 2020
Accepted Paper Series
The University of Sydney Law School, Environmental Law
34.

Protecting China's Cultural Heritage Sites in Times of Rapid Change: Current Developments, Practice and Law

Stefan Gruber, ‘Protecting China’s Cultural Heritage Sites in Times of Rapid Change: Current Developments, Practice and Law’ (2007) 10(3&4) Asia Pacific Journal of Environmental Law 253-301, Sydney Law School Research Paper No. 08/93
Number of pages: 51 Posted: 26 Feb 2020 Last Revised: 26 Feb 2020
Accepted Paper Series
Kyoto University, Hakubi Center for Advanced Research
Downloads 693
35.

'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 1,240
36.

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

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, Sydney Law School Research Paper No. 20/07
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 105
37.

Elder Financial Abuse: Fiduciary Law and Economics

Chen, B., 'Elder Financial Abuse: Fiduciary Law and Economics', Notre Dame Journal of Law, Ethics, and Public Policy, 34, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/06
Number of pages: 58 Posted: 19 Feb 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 36
38.

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 145
39.

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 166
40.

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

Journal of Consumer Policy, 2020 (Forthcoming), Sydney Law School Research Paper No. 20/05
Number of pages: 27 Posted: 03 Feb 2020 Last Revised: 26 May 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 30
41.

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 80
42.

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 7
43.

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 221
44.

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 50
45.

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 55
46.

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 47
47.

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 31
48.

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 348
49.

'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 99
50.

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 151