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University of Sydney Law School Legal Studies Research Paper Series

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1.

The Value of Participant Feedback: Insights from Learners in a Novel, Non-University CLE Setting in China

IJCLE, Forthcoming
Number of pages: 63 Posted: 16 Sep 2020
Working Paper Series
University of Sydney Law School
Downloads 6
2.

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
Number of pages: 29 Posted: 24 Jul 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 24
3.

Coronavirus and the Law of Obligations

UNSW Law Journal Forum, No. 3, 2020, Sydney Law School Research Paper No. 20/41
Number of pages: 12 Posted: 24 Jul 2020
Accepted Paper Series
The University of Western Australia Law School and The University of Sydney Law School
Downloads 138
4.

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
Number of pages: 38 Posted: 08 Jul 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 16
5.

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
Number of pages: 39 Posted: 08 Jul 2020 Last Revised: 19 Jul 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 215
6.

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
Downloads 388
7.

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 59
8.

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 28
9.

New Frontiers in Asia-Pacific Trade, Investment and International Business Dispute Resolution

in L. Nottage, S. Ali, B. Jetin & N. Teramura (eds), "New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution", Wolters Kluwer (Forthcoming), Sydney Law School Research Paper No. 20/35
Number of pages: 32 Posted: 26 Jun 2020 Last Revised: 10 Feb 2021
Accepted Paper Series
The University of Sydney Law School and Institute of Asian Studies, Universiti of Brunei Darussalam
Downloads 120
10.

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
Number of pages: 41 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
Downloads 293
11.

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 25
12.

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 74
13.

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 31
14.

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 11
15.

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 20
16.

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 169
17.

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 15
18.

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 69
19.

Independent Directors and Corporate Governance in Thailand: A New Frontier

Journal of Transnational Law and Policy, 31 (Forthcoming), Sydney Law School Research Paper No. 20/26
Number of pages: 61 Posted: 20 May 2020 Last Revised: 19 Mar 2021
Accepted Paper Series
The University of Sydney Law School
Downloads 14
20.

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 33
21.

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 97
22.

‘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 134
23.

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 206
24.

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 56
25.

'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 21
26.

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
Number of pages: 34 Posted: 31 Mar 2020 Last Revised: 07 Aug 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 108
27.

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 34
28.

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 24
29.

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 79
30.

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 5
31.

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 74
32.

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 33
33.

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 159
34.

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 16
35.

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 74
36.

The Destruction and Revival of Indigenous Heritage in Australia

Sydney Law School Research Paper No. 20/10
Number of pages: 21 Posted: 05 Mar 2020 Last Revised: 15 Jul 2020
Accepted Paper Series
The University of Sydney Law School, Environmental Law
Downloads 84
37.

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 723
38.

'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 1,293
39.

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 125
40.

Elder Financial Abuse: Fiduciary Law and Economics

'Elder Financial Abuse: Fiduciary Law and Economics', Notre Dame Journal of Law, Ethics & Public Policy, 34, 2020, pp. 307-360., Sydney Law School Research Paper No. 20/06
Number of pages: 58 Posted: 19 Feb 2020 Last Revised: 30 Sep 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 55
41.

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 147
42.

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 180
43.

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

Journal of Consumer Policy (2020) 43:829-850, Sydney Law School Research Paper No. 20/05
Number of pages: 27 Posted: 03 Feb 2020 Last Revised: 02 Nov 2020
Accepted Paper Series
The University of Sydney Law School
Downloads 54
44.

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 150
45.

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 13
46.

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 231
47.

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 78
48.

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 123
49.

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

Jason M Chin & Rory McFadden, “Expert witness codes of conduct for forensic practitioners: a review and proposal for reform” (2020) 2 Canadian Journal of Law and Justice 23.
Number of pages: 25 Posted: 19 Dec 2019 Last Revised: 29 Dec 2020
Working Paper Series
Sydney Law School and University of Queensland - T.C. Beirne School of Law
Downloads 69
50.

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 55