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Macquarie Law School

Macquarie Law Journal

The Macquarie Law Journal is published by the Macquarie Law School.  It is a double-blind peer-reviewed journal that provides a forum for scholarly dialogue concerning a wide range of legal issues.  From 2012 it will be published annually and exclusively online.  It was published annually in hard copy format between 2001 and 2009.  Archived articles can be found on the Austlii database.

Journal Patrons and Editorial Board

PATRONS

The Hon Justice Michael Kirby AC CMG 
High Court of Australia

The Hon Justice Deidre O'Connor 
Federal Court of Australia

EDITORIAL BOARD
The Editorial Board comprised a group of scholars of international standing with a strong and continuing record of critical and interdisciplinary legal scholarship.

Upendra Baxi, University of Warwick
Tony Blackshield, Macquarie University
Mitchell Dean, University of Newcastle
Anton Fagan, University of Cape Town
Desmond Manderson, Australian National University
Lawrence McNamara, Bingham Centre for the Rule of Law
Leslie Moran, University of London
Ngaire Naffine, University of Adelaide
Paul Patton, University of New South Wales
Stanley L Paulson, University of Kiel
Ian Ramsay, University of Melbourne
Alexander Reilly, University of Adelaide
Stephen A Smith, McGill University
Margaret Thornton, Australian National University

Past Editions

Volume 1, 2001

Volume 1, 2001 - General Edition

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ARTICLES

Hon Justice Michael Kirby
Law at Century's End - A Millennial View from the High Court of Australia
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John Touchie
On the Possibility of Impartiality in Decision-Making
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Barbara Hocking and Laura Manville
What of the Right to Silence: Still Supporting The Presumption of Innocence, or a Growing Legal Fiction?
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Rob McQueen
The Corporate Image - The Regulation of Annual Reports in Australia
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CASE COMMENT

Bruce Kercher
Colonial Contracts and Expectation Damages: Girard v Biddulph, New South Wales Supreme Court, 1834
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Belinda Baker and Desmond Manderson Counsel's Immunity: The High Court's Decision in Boland v Yates
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LEGISLATIVE COMMENT

Jeff Shaw and Jeff Smith
Choosing Life: The Drug Summit and Beyond
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LEGISLATIVE REVIEW

Karen Wheelwright
Remedies for Unfair Dismissal under the Workplace Relations Act 1996 - A Fair Go All Round?
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BOOK REVIEWS

Terry Carney
Justice for People with Disabilities
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Barbara Hocking
Tort Liability of Public Authorities
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Volume 2, 2002

Volume 2, 2002 - Law and Genetics

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ARTICLES

Nicole Rogers
Seeds, Weeds and Greed: An Analysis of the Gene Technology Act 2000 (Cth), its Effect on Property Rights, and the Legal and Policy Dimensions of a Constitutional Challenge
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Dianne Nicol, Donald Chalmers and Brendan Gogarty
Regulating Biomedial Advances: Embryonic Stem Cell Research
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Anne Mainsbridge
Genetic Testing in Employment: A New Frontier for Discrimination
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Margaret Otlowski
Protecting Genetic Privacy in the Research Context: Where to From Here?
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David Weisbrot, George Spiteri and Gabrielle Carney
Australian Inquiry into the Protection of Human Genetic Information
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Gregor Urbas
DNA Evidence in Criminal Appeals and Post-Conviction Inquiries
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Loane Skene
Arguments against people legally owning their own bodies, body parts and tissue
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FORUM

Stewart Truswell
Genetically Modified Foods - Hopes and Fears
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CASE COMMENT

Ellen Geraghty
Death by Law? The Presistent Vegetative State in NSW
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BOOK REVIEWS

Helen Stacy
The Politics of Justice and Human Rights
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Aaron Illya Kloczko
Errors, Medicine and the Law
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Volume 3, 2003

Volume 3, 2003 - Self Determination, Secession and the Creation of States

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INTRODUCTION

Aleksandar Pavkovic and Peter Radan
In Pursuit of Sovereignty and Self-Determination: Peoples, States and Secession in the International Order
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ARTICLES

Robert Ewin
Peoples and Political Obligation
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Martin Griffiths
Self-Determination, International Society and World Order
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Kirsten Porter
Realisation of National Minority Rights
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Aleksandar Pavkovic
Secession, Majority Rule and Equal Rights: A Few Questions
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Thomas Musgrave
Western Australian Secessionist Movement
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Suzanne Lalonde
Quebec's Boundaries in the Event of Secession
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Joshua Castellino and Jeremie Gilberté
Self-Determination, Indigenous Peoples and Minorities
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BOOK FORUM

Karen Knop, Diversity and Self-Determination in International Law (2002)
Reviewers: Hurst Hannum, Robert Hayden, Wendy Lacey
Response: Karen Knop
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Volume 4, 2004

Volume 4, 2004 - The Rule of Law and the Separation of Powers

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INTRODUCTION

Denise Meyerson
The Rule of Law and the Separation of Powers
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ARTICLES

Caroline Morris and Ryan Malone
Regulations review in the the New Zealand Parliament
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Dawn Oliver
Constitutional Scrutiny of Executive Bills
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Geoff Airo-Farulla and Steven White
Separation of Powers, 'Traditional' Administration and Responsive Regulation
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Andrew Lynch
Is Judicial Dissent Constitutionally Protected?
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Helen Irving
Advisory Opinions, The Rule of Law and the Separation of Powers
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Cameron Stewart
The Rule of Law and the Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule of Law
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Cora Hoexter
The Principle of Legality in South African Administrative Law
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Iain Stewart
Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'The Rule of Law'
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Volume 5, 2005

Volume 5, 2005 - Law and Exclusion

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INTRODUCTION

Iain Stewart
Law and Exclusion
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ARTICLES

Margaret Davies
Exclusion and the Identity of Law
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Alisoun Neville
Cubillo v Commonwealth: Classifying Text and the Violence of Exclusion
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Paul Havemann
Denial, Modernity and Exclusion: Indigenous Placelessness in Australia
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Lynda Crowley-Cyr
Contractualism, Exclusion and 'Madness' in Australia's 'Outsourced Wastelands'
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Elena Marchetti
Critical Reflections upon Australia's Royal Commission into Aboriginal Deaths in Custody
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Nicola Howell and Therese Wilson
Access to Consumer Credit: the Problem of Financial Exclusion in Australia and the Current Regulatory Framework
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Caroline Hunter, Judy Nixon and Michele Slatter
Neighbours Behaving Badly: Anti-social Behaviour, Property Rights and Exclusion in England and Australia
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Lesley-Anne Petrie
An Inherently Exclusionary Regime: Heritage Law - the South Australian Experience
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Jacob Campbell
Using Anti-discrimination Law as a Tool of Exclusion: a Critical Analysis of the Disability Discrimination Act 1992 and Purvis v NSW
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Liam Burgess and Leah Friedman
A Mistake Built on Mistakes: the Exclusion of Individuals under International Law
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Kel Robertson with Jessie Hohmann and Iain Stewart
Dictating to One of 'Us': the Migration of Mrs Freer
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BOOK REVIEW

Russell Hogg
Australian Criminal Justice
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Volume 6, 2006

Volume 6, 2006 - Customs in Common: Law, Culture, Memory

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EDITORIAL NOTE

Katherine Biber and Nicole Graham
Customs in Common: Law, Culture, Memory
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FORUM

Henry Reynolds
Reviving Indigenous Sovereignty?
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Chris Cunneen, Megan Davis, Hamar Foster, Alison Holland, Marcia Langton, Paul Patton, Alexander Reilly and Nicole Watson
Responses to Henry Reynolds
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ARTICLES

Alexander Reilly
How Mabo Helps Us Forget
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Richie Howitt
Scales of Coexistence: Tackling the Tension Between Legal and Cultural Landscapes in Post-Mabo Australia
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Kathy Bowrey
Alternative Intellectual Property?: Indigenous Protocols, Copyleft and New Juridifications of Customary Practices
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Nick Mansfield
Derrida and the Culture Debate: Autoimmunity, Law and Decision
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Bruce Rigsby
Custom and Tradition: Innovation and Invention
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Iain Stewart
Customs in Common: The Old Emperor's Clothes
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FORUM

Peter Sutton
Customs Not in Common: Cultural Relativism and Customary Law Recognition in Australia
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Diane Austin-Broos, Adrian Carton, Archana Parashar, Simon Rice, Irene Watson and Nicole Watson
Responses to Peter Sutton
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Volume 7, 2007

Volume 7, 2007 - Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order

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EDITORIAL NOTES

Shawkat Alam, Natalie Klein and Juliette Overland
Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order
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ARTICLES

Jean-Philippe Barde 
Removing Market Distortions: A Prerequisite for Sustainable Development
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Michael Jeffery QC 
Environmental Imperatives in a Globalised World: The Ecological Impact of Liberalising Trade
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Laura Horn 
Globalisation, Sustainable Development and the Common Concern of Humankind
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Kate Miles 
Transforming Foreign Investment: Globalisation, The Environment, and A Climate of Controversy
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Ross Buckley and Amberlee Small 
Leveraging Australia's Debt Relief to the Philippines through Debt-for-Investment Projects
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Mona L Hymel
Globalisation, Environmental Justice, and Sustainable Development: The Case of Oil
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Malcolm Voyce 
Geographical Indications, the EU and Australia: A Case Study on 'Government at a Distance' through Intellectual Property Rights
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Samiul Hasan 
Islamic Concept of Social Justice: Its Possible Contribution to Ensuring Harmony and Peaceful Coexistence in a Globalised World
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Volume 8, 2008

Volume 8, 2008 - Regulation Reconceived: A Place at the Table

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EDITORS' NOTE

Vijaya Nagarajan and Niloufer Selvadurai
Regulation Reconceived: A Place at the Table
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ARTICLES

Vijaya Nagarajan
From 'Command-and-Control' to 'Open Method Coordination': Theorising the Practice of Regulatory Agencies
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Andrew Frazer
Reconceiving Labour Law: The Labour Market Regulation Project
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Gail Pearson
Reconceiving Regulation: Financial Literacy
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Archana Parashar
Re-Conceptualizing Regulation, Responsibility and Law
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John Goldring
Globalisation and Consumer Protection Laws
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Elizabeth Spencer
Reconceiving the Regulation of the Franchise Sector
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Alexia Takis
The Mandatory Reporting Debate
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David Leary
The Standing of Civil Society to Enforce Commonwealth Environmental Law under Section 475 of the Environment Protection and Biodiversity Conservation Act and its International Implications: The Japanese Whaling Case and the Law of Unintended Consequences
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Nick James
Distracting the Masses: Corporate Convictions and the Legitimisation of Neo-Liberalism
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Volume 9, 2009

Volume 9, 2009 - Law, Religion and Social Inclusion

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EDITORS' NOTE
Archana Parashar
Law, Religion and Social Inclusion
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ARTICLES
Michael Kirby
Law, Human Rights and Religion - of Genocide, Sexuality and Apostasy
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Raphael Liogier
Laicitee on the Edge in France: Between the Theory of Church-State Separation and the Praxis of State-Church Confusion
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Nicky Jones
Beneath the Veil: Muslim Girls and the Islamic Headscarf in Secular France
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Margaret Thornton and Trish Luker
The Spectral Ground: Religious Belief Discrimination
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Ilija Vickovich
Towards a Responsive Law Paradigm for Faith Work
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Volume 10, 2012

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ARTICLES

Double Jeopardy?  Team Teaching in a Law School Elective
Alison Cleland and Khylee Quince
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Keeping Mum: Suppression and Stays in the Rinehart Family Dispute
Miiko Kumar
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Petroleum and Mineral Resource Rent Taxes: Could these Taxation Principles have a Wider Application?
John McLaren
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Refining Consultants' Evidence: Deciding the Best Interests of the Child
Liam Meagher
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Political Protections of Fundamental Rights as a Means of Mitigating the Weaknesses of Legal Protections
Lara Pratt
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CASE NOTES

Goddard Elliott v Fritsch [2012] VSC 87
Lise Barry
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Public Service Association of South Australia Inc v Industrial Relations Commission of South Australia [2012] HCA 25  
Nicholas Lennings
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National Federation of Independent Business v Sibelius, Secretary of Health and Human Services 567 US___, 132 S Ct 2566, 183 L Ed 450 (2012) 
Harry Melkonian
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Volume 11, 2013

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ARTICLES

Inaugural Tony Blackshield Lecture
A R Blackshield and Realism in Australian Constitutional Law
The Hon Michael Kirby
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Animals and the Law: Theory, Policy and Regulation
Where the Wild Things Are (Or Should Be): Rawls' Contractarian Theory of Justice and Non-Human Animal Rights
Tess Vickery
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Bearing the Burden: Shifting Responsibility for the Welfare of the Beast
Elizabeth Ellis
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Beefing Up the Standard: The Ramifications of Australia's Regulation of Live Export and Suggestions for Reform
Katrina J Craig
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Live Export and the WTO: Considering the Exporter Supply Chain Assurance System
Celeste Black
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Unintended Consequences: Rights to Fish and the Ownership of Wild Fish
George Kailis
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Causing Death by Dangerous Dog: Victoria's New Offences for Failing to Control Prescribed Dogs
Patrick Leader-Elliott
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BOOK REVIEW

Law and the Question of the Animal: A Critical Jurisprudence
Erika Techera
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Current Edition

Volume 12, 2013

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ARTICLES

Annual Tony Blackshield Lecture

The Legal Legacy of the War on Terror
Postscript: Tony Blackshield as a Teacher and Author
George Williams
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The Struggle for Judicial Independence: The Amotion and Suspension of Supreme Court Judges in Nineteenth Century Australia
David Clark
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Is There a Future for the Kimberley Process Certification Scheme for Conflict Diamonds?
Holly Cullen
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Brothers in Arms Control: Introducing Australian-Style Gun Control in the United States
Lauren Hirsh
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A Sometimes Dangerous Convergence: Refugee Law, Human Rights Law and the Meaning of 'Effective Protection'
Kate Ogg
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Piracy and Universal Jurisdiction
Tamsin Paige
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Animal Welfare under the Shari'a
Asmi Wood
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