Purcell, K.C. 2017, Geographical Change and the Law of the Sea (forthcoming), 1st, Oxford University Press.
Holland, G. 2017, 'Agents and Managers: Keys to Success in Entertainment' in Butler, D. & Holland, G. (eds), Entertainment Law in Australia, Federation Press, Sydney, Australia.
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Silink, A.J. 2017, 'Protecting children from abuse and neglect' in Young, L., Kenny, M.A. & Monahan, G. (eds), Children and the Law in Australia, LexisNexis Butterworths, Chatswood Australia.
Stewart, P.E. & Silink, A. 2017, 'Compensation for survivors of Institutional Child Sexual Abuse in Australia: Tortious rights and challenges for reform' in Young, L., Kenny, M.A. & Monahan, G. (eds), Children and the Law in Australia, LexisNexis Butterworths, Chatswood Australia, pp. 337-375.
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Stoianoff, N.P., Cahill, A. & Wright, E.A. 2017, 'Indigenous knowledge: what are the issues?' in Stoianoff, N.P. (ed), Indigenous Knowledge Forum: Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, LexisNexis, pp. 11-37.
Stuhmcke, A.G. & Stewart, P. 2017, 'The 'Child' In Utero and Ex Utero' in young, L., Kenny, M. & Monahan, G. (eds), Children and the Law in Australia, Lexis Nexis, Sydney, pp. 55-82.
Wright, E.A., Cahill, A. & Stoianoff, N.P. 2017, 'Australia and Indigenous traditional knowledge' in Stoianoff, N.P. (ed), Indigenous Knowledge Forum: Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, LexisNexis, pp. 39-68.
© 2015 The Association of Law Teachers Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence.
Harris, J. & Hargovan, A. 2017, 'Still a sleepy hollow? Directors’ liability and the business judgment rule', Australian Journal of Corporate Law, vol. 31.
Drawing upon the preliminary findings of an Australian empirical project on cross-border reproduction (CBR), this article argues that regulators and policymakers could learn from the experiences of those who travel overseas in order to access fertility treatment and surrogacy. It makes four principal observations. First, the distinction between so-called 'altruistic' and 'commercial' gamete donation and surrogacy is increasingly unsustainable and is not experienced as meaningful by many participants in CBR. Secondly, the status of the law in CBR is profoundly equivocal; for participants it is often there and not there at the same time. Thirdly, self-sourced information, from the internet and more specifically social media such as Facebook, is now the principal source of information and peer support for reproductive travellers. Fourthly, and relatedly, domestic reproductive services providers are often sidestepped. If one of the goals of regulation is to minimise the risk of harm to participants, it is not clear that it is currently achieving this aim, and this article argues that any reforms will only work if they are more responsive to the reality of CBR.
Knight, S., Buckingham Shum, S., Ryan, P., Sándor, Á. & Wang, X. 2017, 'Academic Writing Analytics for Civil Law: Participatory Design Through Academic and Student Engagement', International Journal of Artificial Intelligence in Education.
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Research into the teaching and assessment of student writing shows that many students find academic writing a challenge to learn, with legal writing no exception. Improving the availability and quality of timely formative feedback is an important aim. However, the time-consuming nature of assessing writing makes it impractical for instructors to provide rapid, detailed feedback on hundreds of draft texts which might be improved prior to submission. This paper describes the design of a natural language processing (NLP) tool to provide such support. We report progress in the development of a web application called AWA (Academic Writing Analytics), which has been piloted in a Civil Law degree. We describe: the underlying NLP platform and the participatory design process through which the law academic and analytics team tested and refined an existing rhetorical parser for the discipline; the user interface design and evaluation process; and feedback from students, which was broadly positive, but also identifies important issues to address. We discuss how our approach is positioned in relation to concerns regarding automated essay grading, and ways in which AWA might provide more actionable feedback to students. We conclude by considering how this design process addresses the challenge of making explicit to learners and educators the underlying mode of action in analytic devices such as our rhetorical parser, which we term algorithmic accountability.
Millbank, J., Stuhmcke, A. & Karpin, I. 2017, 'Embryo donation and understanding of kinship: the impact of law and policy.', Hum Reprod, vol. 32, no. 1, pp. 133-138.
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STUDY QUESTION: What is the impact of law and policy upon the experience of embryo donation for reproductive use? SUMMARY ANSWER: Access to, and experience of, embryo donation are influenced by a number of external factors including laws that impose embryo storage limits, those that frame counselling and approval requirements and allow for, or mandate, donor identity disclosure. WHAT IS KNOWN ALREADY: To date only three qualitative studies in Australia and New Zealand have been completed on the experience of embryo donation for reproductive purposes, each with a small cohort of interviewees and divergent findings. STUDY DESIGN, SIZE, DURATION: Embryo donors, recipients, and would-be donors were interviewed between July 2010 and July 2012, with three additional interviews between September 2015 and September 2016, on their experiences of embryo donation. The sampling protocol had the advantage of addressing donation practices across multiple clinical sites under distinct legal frameworks. PARTICIPANTS/MATERIALS, SETTINGS, METHODS: Participants were recruited from five Australian jurisdictions and across 11 clinical sites. Twenty-six participants were interviewed, comprising: 11 people who had donated embryos for the reproductive use of others (nine individuals and one couple), six recipients of donated embryos (four individuals and one couple) and nine individuals who had attempted to donate, or had a strong desire to donate, but had been prevented from doing so. In total, participants reported on 15 completed donation experiences; of which nine had resulted in offspring to the knowledge of the donor. MAIN RESULTS AND THE ROLE OF CHANCE: Donors positively desired donation and did not find the decision difficult. Neither donors nor recipients saw the donation process as akin to adoption . The process and practice of donation varied considerably across different jurisdictions and clinical sites. LIMITATIONS, REASONS FOR CAUTION: Because the pool of donors and recipi...
Rawling, M.J., Johnstone, J. & Nossar, I. 2017, 'Preventing Road Safety: The Abolition of the Road Safety Remuneration Tribunal and its Role in Regulating Road Transport Supply Chains', Sydney Law Review, vol. 2017 (forthcoming).