New directions for law in Australia essays in contemporary law reform
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian schol...
| Otros Autores: | , |
|---|---|
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Acton, Australian Capital Territory :
ANU Press
2017
2017. |
| Edición: | 1st ed |
| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009430518406719 |
Tabla de Contenidos:
- Intro
- Foreword
- Introduction
- Keynote: Reforming Law - The Role of Theory
- Part I. Commercial and Corporate Law
- 1. The Privatisation of Australian Corporate Law
- 2. On the Road to Improved Social and Economic Welfare: The Contribution to Australian Competition and Consumer Law and Policy Law Reform
- 3. Tax, Inequality and Challenges for the Future
- 4. Brand New 'Sharing' or Plain Old 'Sweating'? A Proposal for Regulating the New 'Gig Economy'
- 5. Good Call: Extending Liability for Employment Contraventions Beyond the Direct Employer
- 6. The Australian House Party Has Been Glorious - But the Hangover May Be Severe: Reforms to Mitigate Some of the Risks
- 7. Back to Basics: Reforming Australia's Private Sector Whistleblowing Laws
- 8. Lawyers as Whistleblowers: The Need for a Gatekeeper of Justice Whistleblowing Obligation/Exception
- Part II. Criminal Law and Evidence
- 9. Criminal Justice Law Reform Challenges for the Future: It's Time to Curb Australia's Prison Addiction
- 10. Is Criminal Law Reform a Lost Cause?
- 11. Rethinking Rape Law Reform: Challenges and Possibilities
- 12. The Fraught Dichotomy between Context and Tendency Evidence in Sexual Assault Cases - Suggestions for Reform
- 13. Improving the Effectiveness of Corporate Criminal Liability: Old Challenges in a Transnational World
- 14. Stereotypes in the Courtroom
- 15. The Justice Motive: Psychological Research on Perceptions of Justice in Criminal Law
- 16. How Interpretation of Indistinct Covert Recordings Can Lead to Wrongful Conviction: A Case Study and Recommendations for Reform
- 17. Australia's Lower-level Criminal Courts: Tackling 21st Century Problems in a 19th Century Paradigm?
- Part III. Environmental Law
- 18. What is the Mainstream? The Laws of First Nations Peoples
- 19. Overturning Aqua Nullius: Pathways to National Law Reform.
- 20. A Governance Framework for Indigenous Ecological Knowledge Protection and Use
- 21. Reforming Environmental Law for Responsiveness to Change
- 22. Future Water: Improving Planning, Markets, Enforcement and Learning
- 23. Effective Law for Rural Environmental Governance: Meta‑Governance Reform and Farm Stewardship
- Part IV. Private Law
- 24. Pitfalls of Statutory Reform in Private Law: Recipient Liability for Breach of Trust
- 25. Recent Reforms to Australian Charity Law
- 26. Consumer Protection, Recreational Activities and Personal Injury Compensation: Inconsistency in Need of Reform
- 27. Statutory Interpretation and the Critical Role of Soft Law Guidelines in Developing a Coherent Law of Remedies in Australia
- 28. Meeting the Potential of Alternative Remedies in Australian Defamation Law
- 29. Designing Reparation: Lessons from Private Law
- 30. Apologies, Liability and Civil Society: Where to from Here?
- 31. Renovating the Concept of Consent in Contract and Property Law
- 32. Nudging Charities to Balance the Needs of the Present against Those of the Future
- Part V. Public Law
- 33. Voluntary Voting for Referendums in Australia: Old Wine, New Bottle
- 34. Reforming Constitutional Reform
- 35. Does Australia Need a Popular Constitutional Culture?
- 36. Constitutional Dimensions of Law Reform
- 37. The Parliamentary Joint Committee on Intelligence and Security: A Point of Increasing Influence in Australian Counter-Terrorism Law Reform?
- 38. Rights Dialogue under the Victorian Charter: The Potential and the Pitfalls
- 39. Court Records as Archives: The Need for Law Reform to Ensure Access
- 40. A Positive Freedom of Public Speech? Australian Media Law Reform and Freedom of Political Communication
- 41. The Need for Reform of Australia's Birth Registration Systems
- 42. Simplifying Government Secrecy?.
- Part VI. Legal Practice and Legal Education
- 43. Australian Legal Practice: Ethical Climate and Ethical Climate Change
- 44. Strengthening Australian Legal Ethics and Professionalism
- 45. Since Lawyers Work in Teams, We Must Focus on Team Ethics
- 46. The Legal Roots of a Sustainable and Resilient Economy: New Kinds of Legal Entities, New Kinds of Lawyers?
- 47. Wearing Two Hats: Lawyers Acting as Mediators
- 48. Enabling Marginalised Voices to Be Heard: The Challenge to Law Reform Bodies
- 49. The End of Ramism: And the Shape of Things To Come
- 50. Shared Space and the Regulation of Legal Education
- 51. Dreaming of Diversity in Legal Education
- Bibliography.
