Crowe on 'Human Rights in the Natural Law Tradition'

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has published a new paper titled 'Human Rights in the Natural Law Tradition'.  The paper appears as a chapter in an edited collection titled Beyond Classical Liberalism: Freedom and the Good (Routledge, 2024).  Here is the paper's abstract:

"This chapter explores the distinctive features of natural law approaches to explaining and defending human rights. Human rights are not a basic concept in the natural law outlook. Rather, they are subsidiary to the more fundamental notion of intrinsic human goods. Nonetheless, the natural law outlook offers a straightforward and compelling way of deriving human rights from intrinsic goods. This derivation proceeds by showing how goods generate reasons for action, which in turn produce duties toward others. These duties then correlate to rights.

The chapter elaborates and defends a specific version of the natural law argument for human rights outlined above. It then explores some advantages of the natural law approach to human rights, showing how it defuses criticisms of rights discourse advanced from both within and outside the natural law tradition. The priority of goods over duties, and duties over rights, in the natural law outlook offers an antidote to the individualistic and positional tendencies of rights claims in political arenas. It also helps to ensure that rights claims do not obscure or override the primary role of the common good in shaping political obligations."

Collins and Gray on 'SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team’

Professor Pauline Collins and Professor Anthony Gray of the University of Southern Queensland School of Law and Justice have published a new article titled: 'SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or their Legal Team’.  The article appears in Volume 98(1) of the Australian Law Journal.  Here is the abstract:

"With changes afoot in the judges sitting on the High Court later in 2023, this article addresses a hope for a future change enabling greater protection of fundamental rights of an individual to know the accusations and evidence against them. The decision in 'SDCV', by a slim majority of one, validated the challenged law in section 46(2) of the 'Administrative Appeals Tribunal Act 1975' (Cth). This precluded the right of SDCV or his legal team from knowledge of the evidence against him. This article documents the decision and reasoning of the High Court in this case. It sets forth the basis for concern in such national security situations."

Hemming on 'Criminal Procedure in Australia'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has co-authored the third edition of Criminal Procedure in Australia (LexisNexis, 2024).  Here is the publisher's summary:

"This important book combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pretrial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth, state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.

The third edition is fully revised and extensively updated, with:

• up-to-date cases on criminal procedure, including:
         o Pell v The Queen (HCA 2020: unreasonableness ground of appeal)
         o R v Rolfe (HCA 2021: police immunity)
         o Director of Public Prosecutions (NSW) v Greenhalgh (NSWSC 2022: meaning of ‘to use such force as is reasonably necessary’)
         o Roy v O’Neill (HCA 2020: permission to enter upon premises)
         o Smethurst v Chief Commissioner of Police (HCA 2020: unlawful search)
         o Zhang v Commissioner of Police (HCA 2021: destruction or return of seized and copied material)
         o Bradley v Senior Constable Chilby (NSWSC 2020: prosecutor’s duty of disclosure)
         o Edwards v The Queen (HCA 2021: prosecutor’s duty of disclosure)
         o Nguyen v The Queen HCA 2020: prosecutor’s duty of fairness)
         o State of NSW v Robinson (HCA 2019: wrongful arrest)
         o GBF v The Queen (HCA 2020: right to silence)
         o McKell v The Queen (HCA 2019: judge’s summing up)
         o Hoang v The Queen (HCA 2022: juror misconduct)
         o Hofer v The Queen (HCA 2021: appeals)
         o Strbak v The Queen (HCA 2020: right to silence in sentencing)
• new legislation on police powers, bail and mandatory sentencing
• new commentary on legal principles and policy
• the latest data on rates of victimisation, police and prison detention, hyperincarceration of First Nations people and deaths in custody.

This comprehensive and accessible book is of practical assistance to practitioners, police, prosecutors and anyone involved or interested in the criminal prosecution process, while the contextualised and critical approach to legal doctrine provides academics, students and researchers with reliable guidance in this complex area.

Features
• Provides a principles approach to develop understanding of the area
• Contextual discussion supports student learning
• Comparative coverage across Australian Jurisdictions"

Timoshanko on ''An Empirical Study of Lawyers’ Capability to Adapt to Disruption in Queensland, Australia’

Dr Aaron Timoshanko of the University of Southern Queensland School of Law and Justice has published a new article titled 'An Empirical Study of Lawyers' Capability to Adapt to Disruption in Queensland, Australia'.  The article, co-written with four others, appears in Volume 31(1) of the International Journal of the Legal Profession.  Here is the abstract:

"An online survey of 261 Queensland legal practitioners working in sole, micro, small or medium-sized law firms provides valuable insights into their capability to successfully navigate disruption like that experienced during COVID-19. Our results indicated that respondent lawyers demonstrated progressiveness, openness and willingness to engage with innovative approaches, including technology, to build greater capacity within their firms. However, the results from the research identified several overlapping challenges faced by respondents that reduced their capability to adapt to disruption, including being time-poor and difficulty obtaining impartial and trustworthy information and training about emerging forms of disruption."

Crowe on 'Nutshell: Legal Theory'

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has written the fourth edition of Nutshell: Legal Theory (Thomson Reuters, 2023).  Here is the publisher's summary:

"The essence of the law...
Lawbook Co. Nutshells are the essential revision tool: they provide a concise outline of the principles for each of the major subject areas within undergraduate law.
Written in clear, straight-forward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject.
Nutshell: Legal Theory is aimed primarily at students encountering legal theory for the first time or seeking a concise summary of the area for revision purposes. The third edition contains a new chapter on critical reasoning. Several other parts of the book have been revised and updated to reflect recent developments, including new suggestions for further reading."

Timoshanko on ‘A New Sheriff in Town? Section 596A and Shareholders’ Newfound Powers’

Dr Aaron Timoshanko, a Senior Lecturer in the University of Southern Queensland School of Law and Justice, has published a new article titled 'A New Sheriff in Town? Section 596A and Shareholders' Newfound Powers'.  The article appears in Volume 51 of the Australian Business Law Review.  Here is the abstract:

"In the case of Walton v ACN 004 410 833 Ltd (in liq) (Walton), the High Court of Australia interpreted s 596A of the Corporations Act 2001 (Cth) in a way that benefits shareholders and former shareholders. Before this ruling, it was believed that examining company officers could only be done for the benefit of the company, its creditors, or contributories. However, post-Walton, eligible applicants, including shareholders and former shareholders, can now examine certain company officers about the examinable affairs of the company for their own benefit. This includes uncovering information about misconduct to potentially reclaim financial losses. As a result, there may be an increase in applications for eligible applicant status received by Australian Securities and Investments Commission and an overall increase in the enforcement of the Corporations Act."

Radavoi on ‘True Justice through Deep Listening on Country: Decolonising Legal Education in Australia'

Associate Professor Ciprian Radavoi of the University of Southern Queensland School of Law and Justice has co-authored a new article titled 'True Justice through Deep Listening on Country: Decolonising Legal Education in Australia'.  The article is written with Susan Bird and John Rawnsley, and appears in Volume 19(4) of AlterNative: An International Journal of Indigenous Peoples.  Here is the abstract:

"This article examines the impact of True Justice, a unique continuing legal education programme introduced in 2022 to increase cultural competency in legal practitioners. The programme achieves its purpose via the incorporation of First Nations principles and pedagogies, taking participants beyond the university classroom to learn deep listening on Country. The feedback from participants in the programme in April and May 2022 reveals the powerful experiences that are possible when the university classroom is abandoned in favour of place-based, trauma-informed learning. Incorporating not only First Nations perspectives but also pedagogies is particularly important in the legal profession, where, if these are ignored, practitioners and educators risk reproducing colonial models."