Law in Context A socio-legal journal Edited by Paula Baron

Law in Context is a peer-reviewed journal published periodically. Subscription is by volume, and the cost includes postage and handling. Please note the prices shown above right are for subscription by institutions. For individuals, the cost is Au$49.95 within Australia and Au$60.00 outside Australia. Please indicate in your order if you are purchasing as an individual rather than as an institution.

Single issues are also available for purchase. See each issue below for further information, including pricing. Postage is not included in individual prices.

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Electronic access to individual articles is being provided progressively via The Federation Press Digital Editions website. If an article is available, the link is provided in the abstract.

VOLUMES

Volume 28 No 2 (2010) For Martin Chanock - Essays on Law and Society
Volume 28 No 1 (2010) Current Trends in the Regulation of Same-Sex Relationships
Volume 27 No 2 (2009) Indigenous Australians and the Commonwealth Intervention
Volume 27 No 1 (2009) Critical Assessments of International Criminal Courts
Volume 26 No 2 (2008) International Trends in Mental Health Laws
Volume 26 No 1 (2008) Criminal Appeals 1907-2007
Volume 25 No 2 (2007) Law and Finance
Volume 25 No 1 (2007) Rights Protection in the Age of Global Anti-Terrorism
Volume 24 No 2 (2006) Tax Law and Political Institutions
Volume 24 No 1 (2006) Patent Law and Biological Inventions
Volume 23 No 2 (2006) Regulating Health Practitioners
Volume 23 No 1 (2005) Work, Family and the Law
Volume 22 No 2 (2005) Nationality, Refugee Status and State Protection
Volume 22 No 1 (2004) Alternative Dispute Resolution and the Courts
Volume 21 (2003) Balancing Act
Volume 20 No 2 (2002) Therapeutic Jurisprudence
Volume 20 No 1 (2002) Competition Policy with Legal Form
Volume 19 (2001) For the Public Good
Volume 18 No 2 (2001) Contractualism and Citizenship
Volume 18 No 1 (2001) Reshaping the Judiciary
Volume 17 No 2 (2000) Explorations on Law and Disability in Australia
Volume 17 No 1 (2000) Criminal Justice in Diverse Communities
Volume 16 No 2 (1998)
Volume 16 No 1 (1998) Misplaced Traditions: British Lawyers, Colonial Peoples
Volume 15 No 2 (1998) Gender, Race and Comparative Advantage
Volume 15 No 1 (1998)

edited by Stephen Ellmann, Heinz Klug and Penelope Andrews
This Special Issue is also available for purchase as an individual volume: click here

Introduction: In Praise of Martin Chanock
     Stephen Ellmann, Heinz Klug and Penelope Andrews
This One is from the Ladies: Thank You Martin Chanock, Honarary African Feminist
     Fareda Banda
Talking the Talk and Walking the Walk: How Can the Development of African Customary Law Be Understood?
     Julia Sloth-Nielsen and Lea Mwambene
Out of Africa: Reading Martin Chanock’s Scholarship in the Global North
     Jonathan Todres
'Building a Nation': The Judicial Role in South Africa
     Hugh Corder
A Bittersweet Heritage: Learning from "The Making of South African Legal Culture"
     Stephen Ellmann
The Cause Lawyer's Cause
     Frank Munger
Educating Cause Lawyers in Australia After South Africa
     C J Arup
Constitutionalism, Democracy and Africa: Constitutionalism Upside Down
     Martin Chanock

edited by Paula Gerber and Adiva Sifris
This Special Issue is also available for purchase as an individual volume: click here

Introduction - The Wind of Change is Blowing
     Paula Gerber and Adiva Sifris
Lesbian Parenting in Australia: Demosprudence and Legal Change
     Adiva Sifris
The Best Interests of Children in Same-Sex Families
     Paula Gerber
The Geography of Same-Sex Families in Australia: Implications for Regulatory Regimes
     Andrew Gorman-Murray and Chris Brennan-Horley
Pragmatic Imbalances: Australian Lesbian and Gay Foster Carers Negotiating the Current Legal Context
     Damien W Riggs
The Social Construction of Marriage in Australia: Implications for Same-Sex Unions
     Charlotte Frew
Same-Sex Marriage: A Worldwide Trend?
     Jamie Gardiner
The Right to Same-Sex Marriage in South Africa
     Jacqueline Heaton

edited by Peter Billings
This Special Issue is also available for purchase as an individual volume: click here

Introduction
     Peter Billings
The Northern Territory Intervention – It's Not Our Dream
     Dr Tom Calma
In the Best Interests of the Child? Determining the Effects
     Fiona Arney, Kate McGuinness and Gary Robinson
Redesigning the Northern Territory Emergency Response – Social Welfare Reform and Non-Discrimination
     Peter Billings and Anthony E Cassimatis
Governing Crime in the Intervention
     Thalia Anthony
Closing the Gap between Policy and ‘Law’ – Indigenous Homelands and a Working Future
     Marcelle Burns
Giving Back the Space – Freedom, Meaning and the Northern Territory Intervention
     Jonathan Crowe

edited by Magda Karagiannakis
This Special Issue is also available for purchase as an individual volume: click here.

Introduction
     Magda Karagiannakis
The Chameleon Court: The Changing Face of the ICC
     Michael A Newton
International Tribunals and the Right to a Speedy Trial: Problems and Possible Remedies
     David Tolbert and Fergal Gaynor
Justice at the International Criminal Tribunal for Rwanda: Are Criticisms Just?
     Kirsten MF Keith
Accountability in the Balance: Trials Before the Special Panels for Serious Crimes in East Timor 1999-2005
     David Cohen
Insufficiently Hybrid: Assessing the Special Court for Sierra Leone
     Tim Kelsall
Symbolic, Shambolic or Simply Sui Generis? Reflections from the Field on Cambodia’s Extraordinary Chambers
     Michelle Staggs Kelsall

edited by Bernadette McSherry
This Special Issue is also available for purchase as an individual volume: click here.

International Trends in Mental Health Laws: Introduction
     Bernadette McSherry
The Disabilities Convention and its Consequences for Mental Health Laws in Australia
     Annegret Kämpf
From Autonomy to Dignity: Treatment for Mental Disorders and the Focus for Patient Rights
     Mary Donnelly
People with Psychosocial Impairments or Conditions, Reasonable Accommodation and the Convention on the Rights of Persons with Disabilities
     Anna Lawson
Supported Decision-Making and the Achievement of Non-Discrimination: The Promise and Paradox of the Disabilities Convention
     Penny Weller
Protecting the Integrity of the Person: Developing Limitations on Involuntary Treatment
     Bernadette McSherry
Advocacy and Participation in Mental Health Cases: Realisable Rights or Pipe-dreams?
     Terry Carney, Fleur Beaupert, Julia Perry and David Tait
Community Treatment Orders and Human Rights
     John Dawson

edited by Chris Corns and Gregor Urbas
This Special Issue is also available for purchase as an individual volume: click here.

Criminal Appeals 1907-2007: Introduction
     Chris Corns and Gregor Urbas
The First Decade of the Victorian Court of Appeal
     The Hon Stephen Charles QC
Courts of Appeal and Sentencing: Principles, Policies and Politics
     Arie Freiberg and Peter Sallmann
Prosecution Appeals in New South Wales: New Rights, Roles and Challenges for the Court of Criminal Appeal and the DPP
     Nicholas Cowdery AM QC
The Criminal Proviso: A Case for Reform?
     Stephen J Odgers SC
The Hong Kong Multinational Judge in Criminal Appeals
     Simon N M Young

On Law and Finance
     Gordon R Walker
As a Matter of Interest Whose Money is it Anyway?
     Chee Keong Low
Structured Finance in China: Legal and Institutional Perspectives on the Challenges and Opportunities
     Sandra L Caruba
The Role of the Shareholders’ Meeting’s Reserve Power in Corporate Governance in China
     Charles Zhen Qu
The Making of an Enterprise Bankruptcy Law in the PRC
     Jianfu Chen
The Need to Prohibit Insider Trading
     Keith Kendall
Competition Regulation in SAFTA, AUSFTA and TAFTA: A Spaghetti Bowl of Competition Provisions?
     Jane Rennie
The Free Movement of Capital in the European Union and the Problem of ‘Golden Shares’ and Similar Instruments
     Jürgen Bröhmer
Australia’s Enhanced Anti-money Laundering and Counter-terrorism Financing Regime: New Compliance Challenges for the Financial Services Industry
     Marc Posthouwer
Incentives for Auditor Collusion in Pre-Sarbanes-Oxley Regulatory Environment
     Abigail Brown

The Human Face in Legal Globalisation: Tensions and Contradictions
     Jianfu Chen, Gonzalo Villalta Puig and Gordon Walker
Internationalising Law: A New Frontier for Law and Justice
     Michael Kirby
From a “Law of States” to a “Law for People”
     Joseph Camilleri
The Globalisation of Human Rights Law
     David Malcolm
In Defence of Human Rights
     John von Doussa
The Integration of Customary Law into the Australian Legal System
     Tom Calma
Citizenship in an Age of Globalisation: The Cosmopolitan Citizen?
     Kim Rubenstein
From Local to Global and Back Again: Religious Freedom and Women’s Rights
     Carolyn Evans, Anna Hood and Jessica Moir

Introduction: New Research on Tax Law and Political Institutions
     Miranda Stewart
The Relationship Between Tax Reform and Political Reform in Hong Kong
     Richard Cullen and Tor Krever
Business-State Negotiations and the Reform to Tax Procedures in Post-Yukos Russia
     Stephen Fortescue
Setting the Fiscal Policy Agenda: Economic News and Election Year Tax Debates in New Zealand
     André Broome
Exploring the Application of Institutional Theory to Tax Policy for Retirement Savings in New Zealand and Australia
     Lisa Marriott and Kevin Holmes
The 'Thirty Year Problem': Political Entrepreneurs, Policy Learning and the Institutional Dynamics of Australian Consumption Tax Reform
     Richard Eccleston
The Influence of Culture on Fiscal Corruption: Evidence across Countries
     Grant Richardson
Gender Budgets and Tax Policy-Making: Contrasting Canadian and Australian Experiences
     Lisa Philipps
Citizens as Partners? Foundations for an Effective Tax System in the New Democratic Era
     Mark Burton

After the Gold Rush: Patent Law and Biological Inventions
     Matthew Rimmer
European Bio-Protection Laws: Rebels with a Cause
     Margaret Llewelyn
Essential Derivation, Law and the Limits of Science
     Jay Sanderson
Rules v Standards for Patent Law in the Plant Sciences
     Mark D Janis
Wind of Change: In re Fisher and the Evolution of the American Biotechnology Patent Law
     Yann Joly
Cooperative Strategies for Facilitating Use of Patented Inventions in Biotechnology
     Dianne Nicol and Janet Hope
Something is Rotten in the State of Iceland: deCODE Genetics, Population Research and Informed Consent
     Jennifer French
Regulating Access to Biological Resources: The Market Failure for Biodiversity Conservation
     Charles Lawson

Regulating Health Practitioner Professionalism
     Ian Freckelton
National Models for Regulation of the Health Professions
     Anne-Louise Carlton
Peer Review as an Outmoded Model for Health Practitioner Regulation
     David Thomas
A Critical Analysis of Overseas-Trained Doctor (OTD) Factors in the Bundaberg Base Hospital Surgical Inquiry
     Karina Harvey and Thomas Faunce
To Discipline or Not To Discipline? Managing Poorly Performing Doctors
     Alison Reid
Medicare Regulation through Professional Services Review-Lessons Learned
     Robin Bell
The Margins of Professional Regulation: Disjunctions, Dilemmas and Deterrence
     Ian Freckelton
Regulation of Complementary and Alternative Medicine Practitioners
     Michael Weir
Regulation of Complementary and Alternative Medicine: A Trans-Tasman Perspective
     Barbara von Tigerstrom and Katherine Ellena
Indonesian Health Practitioner Regulation
     Herkutanto Herkutanto and Ian Freckelton

Indirect Discrimination and the Worker-Carer: It's just not working
     K Lee Adams
Parental Leave in Australia: The Role of the Industrial Relations System
     Marian Baird
Challenging the Constitution of the (White and Straight) Family in Work and Family Scholarship
     Anna Chapman
Managing Work and Family in the 'Shadow" of Anti-discrimination Law
     Sara Charlesworth
The Role of Work/Family Discourse in Strengthening Traditional Working Time Laws: Some Lessons from the On-Call Work Debate
     Deirdre McCann
Rethinking Place of Work: Federal Labour Law Framework for Contemporary Home-Based Work and its Prospects in Australia
     Marilyn Pittard
Contracting for Work / Life Balance
     Joellen Riley
Deconstructing the Heteronormative Worker or Queering a Jurisprudence of Labour: A Case Study of Family and Personal/Carer’s Leave in Australian Labour Law
     Marc Trabsky

Introduction
     Savitri Taylor
Preparation of a Nationality Law: Promoting the Legal Identity of Women in the Field of Nationality
     Carol Batchelor
The Lottery of Citizenship: The Changing Significance of Birthplace, Territory and Residence to the Australian Membership Prize
     Kim Rubenstein
Refugee Law and the Measure of Globalisation
     Catherine Dauvergne
What We Have Done with the Refugee Convention: The Australian Way
     Susan Kneebone
Lonely Refuge: Judicial Responses to Separated Children Seeking Refugee Protection in Australia
     Mary Crock
Political Transitions and the Cessation of Refugee Status: Some Lessons from Afghanistan and Iraq
     William Maley

Introduction
     Tania Sourdin
Mediation on Trial: Ten Verdicts on Court-Related ADR
     Nadja Alexander
What's the Issue? Judicial Dispute Resolution in Canada
     The Hon Hugh F Landerkin, QC and Andrew J Pirie
Facilitative Judging
     Tania Sourdin
In and Out the Bramble Bush: ADR in Queensland Courts and Legislation
     Laurence Boulle
Court Referral to ADR: The Legal Framework in Australia
     Kathy Mack
New Worlds of Dispute Resolution: Information Technology, Conflict and its Resolution
     David Syme

Introduction: Towards a Fairer Order by Rules
     Jianfu Chen and Gordon Walker
PART 1 - GLOBALISM, REGIONALISM AND BILATERALISM
WTO: The Competitive Dynamic of Globalisation at Work
     Joseph A Camilleri and George Myconos
The CER Agreement and Trans-Tasman Business Law Coordination: From ‘Soft Law’ Approach to ‘Hard Law’ Outcome
     Gordon Walker
PART II – GLOBAL ISSUES AND GLOBAL CONCERNS
‘S & D’ Treatment for Developing Countries in the WTO Trade Regime: A False Solution on a Wrong Footing for LDCs
     Jianfu Chen
The Intersection of Islam and the WTO: Three Sharī’a Issues in the WTO Accession of Saudi Arabia
     Raj Bhala
National Regulation and the WTO: One Step Forward, Two Steps Back?
     Joseph A McMahon
Hegemony Based on Knowledge: The Role of Intellectual Property
     Peter Drahos and John Braithwaite
Good Corporate Citizenship and the Conduct of Multinational Corporations
     M Sornarajah
Pressing Issues of Global Free Trade in Services
     M Rafiqul Islam
Labour Issues in Times of Globalisation: Is the Social Clause an Appropriate Legal Response?
     Jill Murray
Beyond Doha: Clarifying the Role of the WTO in Determining Trade-Environment Disputes
     Mark Harris

Therapeutic Jurisprudence: Developments and Applications in Australia and New Zealand
     Marilyn McMahon and David Wexler
Therapeutic Jurisprudence in Australia: Paradigm Shift or Pragmatic Incrementalism?
     Arie Freiberg
The Past, Present and Future of Mental Health Law: A Therapeutic Jurisprudence Analysis
     Alfred Allan
Therapeutic Jurisprudence and Anorexia: A Synergy?
     Terry Carney and Dominique Saunders
Narrative Medical Competence and Therapeutic Jurisprudence: Moving Towards a Synthesis
     Warren Brookbanks
Neighbours and Stalking Intervention Orders: Old Conflicts and New Remedies
     Marilyn McMahon and John Willis
Judicial Officers: Complementing Conventional Law and Changing the Culture of the Judiciary
     Jelena Popovic

edited by Christopher Arup and David Wishart
This issue is also available for purchase as an individual volume: click here.

Introduction
     David Wishart and Christopher Arup
The Economics of National Competition Policy
     Stephen P King
The Accommodating Act: Reflections on Competition Policy and the Trade Practices Act
     Vijaya Nagarajan
Regulation or Intervention: Australian and European Union Policies on Competition
     Rémy Davison
Regulating for Consumer Rights and Redress in the Victorian Electricity Industry
     Bronwyn Naylor
Competition, Regulation and the California Electricity Market
     Ann Wardrop
Is There a Third Way?
     Cathy Lowy

Introduction
     Christopher Arup and Kathy Laster
Why Lawyers Should Do Pro Bono Work
     Stephen Parker
Professions and the Public Good
     John Western, Toni Makkai and Kristin Natalier
Law Clinics and the Promotion of Public Interest Lawyering
     Irene Styles and Archie Zariski
Pro Bono as a Professional Legacy
     Donald Robertson
How and Why is Pro Bono Flourishing: A Comparison of Recent Developments in Sweden and China
     Francis Regan
Barriers to Pro Bono: Commercial Conflicts of Interest Reconsidered
     Elisabeth Wentworth
Pro Bono in the Post-Professional Spectrum of Legal Services
     Christopher Arup
Introduction to Report of the National Pro Bono Task Force and Recommended Action Plan
     David Weisbrot

Contractualism and Citizenship: Rivals or Bedfellows?
     Terry Carney and Gaby Ramia
The Role of Contract in the Democratisation of Service Delivery
     Anna Yeatman and Kathryn Owler
Autonomy, Liberalism and the New Contractualism
     Kanishka Jayasuriya
Citizenship Rights, Review Rights and Contractualism
     Margaret Allars
'It's All in the Contract': Rethinking Feminist Critiques of Contract
     Barbara Sullivan
Risk, Human Services and Contractualism: Managing the Social Insecurities of Poverty Risks
     Michael Wearing
Learning Backwards, Thinking Forwards: An Attempt to Understand the Perspectives of Both Government and Non-government Participants in a Service Contract Arrangement
     Rhonda Stien, Robert Urquhart and Dianne Nixon

Citizenship Theory and the Public Confidence Rationale for the Bias Rule
     Margaret Allars
My People's Courts as Agents of Indigenous Decolonisation?
     Peter H Russell
Can Public Sector Approaches to Accountability be Applied to the Judiciary
     Elizabeth Handsley
The Judicial Commission of NSW: Treading a Fine Line between Judicial Independence and Judicial Accountability
     Ivan Potas
The Magistracy: The Undervalued Work-horse of the Court System
     John Willis

Approaching Law and Disability
     Melinda Jones and Lee Ann Basser Marks
Neo-Liberalism, Discrimination and the Politics of 'Ressentiment'
     Margaret Thornton
The Disability Discrimination Act - Protection against Discrimination in the Provision of Education
     Michelle Hannon
Protection, Populism and Citizenship
     Terry Carney
Closing the Doors: Insight and Reflections on Deinstitutionalisation
     Lesley Chenoweth
Offenders with an Intellectual Disability and the Arrest Process
     Judith Cockram and Rod Underwood
Mental Illness - Freedom and Treatment
     Julian Gardner
Valuing People through Law: Whatever happened to Marion?
     Melinda Jones and Lee Ann Basser Marks
What Can Disability Tell us about Participation?
     Anna Yeatman

Criminal Justice in Diverse Communities: An Introduction
     Andrew Goldsmith and Mark Israel
Policing and Self-policing in the Shadow of the Law: Negotiating Space for Public Dissent
     Mary Heath
Informal Resolution of Police Complaints in Australia: Building Better Understanding or Mere Bureaucratic Convenience?
     Andrew Goldsmith
Policing and Crime Prevention: The Role of Insurance
     Sharyn L Roach Anleu, Lorraine Green Mazerolle and Lois Presser
Choice, Consent and Autonomy in a Guilty Plea System
     Kathy Mack and Sharyn Roach Anleu
Juries, Race and the Construction of Community
     Mark Israel
How Evidence and Social Identity Interact to Affect Jurors' Judgments
     Neil Brewer, RM Hupfeld and Carolyn Schmidt
The Criminal Justice System and the Construction of Aboriginality
     Heather McRae
Restorative Justice in Diverse and Unequal Societies
     Kathleen Daly
The Surprising Liability and Fundamental Assets of Diverse Juries
     Robert J Boeckmann

Weaving the Chains of Tyranny: The Misrule of Law in the Administrative Detention of Unlawful Non-Citizens
     Savitri Taylor
Australian Native Title and Irish Marine Rights: An Inquiry on the West Coast of Ireland
     Nonie Sharp
Waltzing Matilda: A Semiotic Reading of Wik
     Kieran Tranter
The Development and Conception of Administrative Law in the PRC
     Jianfu Chen
Psychology and Law in Australia: An Overview
     Andreas Kapardis
BOOK REVIEW: Advances in Psychology and the Law: International Contributions
     Marilyn McMahon
BOOK REVIEW: The Damages Lottery
     Pat O'Malley
BOOK REVIEW: Psychology and Law
     Ian Freckelton
BOOK REVIEW: Staking a Claim
     Rob McQueen
REVIEW ESSAY: Cite Seeing: Citation in Legal Writing
     Jeffrey Barnes

Misplaced Traditions: British Lawyers, Colonial Peoples
     Rob McQueen and W Wesley Pue
A Convict Conservative: George Crossley and the English Legal Tradition
     Bruce Kercher
Of Wigs and Gowns: A Short History of Legal and Judicial Dress in Australia
     Rob McQueen
The Lawyers' Self: Sketches on Establishing a Professional Identity in South Africa 1900-1925
     Martin Chanock
British Masculinities, Canadian Lawyers: Canadian Legal Education, 1900-1930
     W Wesley Pue
The Legal Profession and the Transfer of Sovereignty: Hong Kong
     Jill Cottrell and Yash Ghai
Context and Dominion: The Law in Independent Trinidad and Tobago
     Kusha Haraksingh

Introduction: Global Issues in Compensatory Justice
     Penelope E Andrews
Affirmative Action and International Law
     Maxwell O Chibundu
Compensatory Discrimination and India's Untouchables
     Oliver Mendelsohn
Affirmative Action in South Africa: Transformation or Tokenism?
     Penelope E Andrews
Contested Terrains of Compensation: Equality, Affirmative Action and Diversity in the United States
     Taunya Lovell Banks
The Ambiguity of Affirmative Action in Australia
     Beth Gaze

Robust Buttresses: Why Governments Opt for Independent Judiciaries
     Roger Douglas
Law, Psychiatry and Antisocial Personality Disorder: A Problem of Government
     David McCallum
‘As If They Were Husband And Wife’: A Critique of De Facto Relationship Property Law In Victoria
     Stephen A James
Art, Craft, Good Taste and Manufacturing: The Development of Intellectual Property Laws
     Kathy Bowrey
Here Comes That Rainy Day Feeling Again: Shifts in the Ideology of Contract Law from Tony Macaulay to George Michael
     Frank Carrigan
REVIEW ESSAY: Ethics Ethics Everywhere
     Cathy Lowy
The Absent Discussion in Australian Corporations Law
     David Wishart
BOOK REVIEW: Feminism Unqualified
     Sara Ramshaw and W Wesley Pue

REVIEWS

Review of Volume 19 (For the Public Good):
This collection of articles enhanced my understanding of what pro bono is … If you’re even vaguely interested in the hows and whys of pro bono, and why you should be part of it, then you’ll find dipping into even one of these articles worthwhile.

Alternative Law Journal, Vol 27 (3), June 2002

NSW Bar News, Winter 2002