New directions for law in Australia : essays in contemporary law reform / edited by Ron Levy [and four others].

Format:

Book

Author/Creator:

Levy, Ron, Editor.

Contributor:

Levy, Ron (Law teacher), editor.

Language:

English

Subjects (All):

Law reform--Australia.

Law reform.

Law--Australia.

Law.

Physical Description:

1 online resource (662 pages)

Edition:

1st ed.

Place of Publication:

ANU Press 2017

Acton, Australian Capital Territory : Australian National University Press, 2017.

Language Note:

English

Summary:

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 scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Contents:

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.

Notes:

Includes bibliographical references.

CC BY-NC-ND

Description based on: online resource; title from pdf title page (JSTOR, viewed June 28, 2020).

ISBN:

9781760461423

1760461423

Publisher Number:

10.22459/NDLA.09.2017