Gray on 'The Doctrine of Command Responsibility in Australian Military Law'

 Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'The Doctrine of Command Responsibility in Australian Military Law'.  The article appears in Volume 45(3) of the University of New South Wales Law Journal.  Here is the abstract:

"The recently released Brereton Inquiry Report found there was credible evidence to suggest a small number of members of the Australian Defence Force were involved in war crimes in Afghanistan. If the allegations are proven to be true at the required standard of proof, one important legal question is the extent, if any, to which those in command of those who committed the crimes are liable for them. This is the doctrine of command responsibility. The article charts development of the doctrine in international law, explores its controversial and uncertain legal basis, considers its compatibility with fundamental principles of criminal law, and offers some suggestions as to how the relevant statutory provision might be interpreted, in a way that is compatible with international law as well as fundamental aspects of Australian criminal law."

Reich on 'The past, present and future of education programs for individuals who sexually offend'

Dr Suzanne Reich, a Senior Lecturer in the University of Southern Queensland School of Law and Justice, has published a new research paper titled 'The past, present and future of education programs for individuals who sexually offend'.  Co-written with Sharon Klamer, the paper appears as a chapter in the edited collection Histories and philosophies of carceral education: aims, contradictions, promises and problems (M.K. Harmes, M.A. Harmes, & B. Harmes, eds.) published by Palgrave MacMillan.

Patrick on 'Legal Realism and Australian Constitutional Law'

Dr Jeremy Patrick, a Senior Lecturer in the University of Southern Queensland School of Law and Justice, has published a new article titled 'Legal Realism and Australian Constitutional Law'.  The article appears in Volume 32 of the Journal of Judicial Administration.  Here is the abstract:

"Our traditional understanding of judicial decision-making is that judges apply the law to a set of facts and reach a result. This is known as legal formalism. But what if this is backwards? What if the process of judicial reasoning is to decide on the result, and then rhetorically justify it with particular interpretations of legal rules and facts? This paper applies the descriptive theory of legal realism in a particular context (Australian constitutional law) alongside a qualitative empirical study to help decide whether legal formalism or legal realism best explains High Court decision-making."