Breda on "Constitutional Law and Regionalism"

Next month, Elgar Publishing is set to release USQ Senior Lecturer Vito Breda's new book Constitutional Law and Regionalism: A Comparative Analysis of Regionalist Negotiations.  Here is the abstract:

This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states.

Hart on "The Seven Elements of Successful Country Law Firms"

USQ Associate Professor Caroline Hart has recently published The Seven Elements of Successful Country Law Firms (Federation Press, 2018).  Here is the publisher's summary:

How and why do some country law firms not only survive but prosper while others flounder and fail?

Caroline Hart provides insights for creating a successful country law firm through her interviews with over 40 practice owners who generously share their experiences – good and bad. The remarkable lessons they provide are distilled into seven elements of success.

The book is comprised of chapters covering critical areas such as governance, leadership, information technology, human resources and succession planning. Each chapter concludes with a Masterclass or Lessons Learnt section which gives readers a framed summary that will help them navigate the challenges and opportunities facing their own practice.

Practical and engaging, this book provides a valuable insight into the real lives of owners of country law firms. It reveals what it takes to ensure profitable practices, maintain productive client relationships, retain highly motivated staff, and ultimately ensure the longevity and success of a country law firm.

Collins on "Civil-Military 'Legal' Relations: Where to From Here?"

USQ Associate Professor Pauline Collins has just published an important new book:  Civil-Military 'Legal' Relations: Where to From Here? The Civilian Courts and the Military in the United Kingdom, United States, and Australia (Brill, 2018).  The book is Volume 51 in Brill's International Humanitarian Law Series, and its abstract states:

"Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight."

Byrne asks "How do we assess the risk of personal liability for directors arising out of tortious acts?"

Mark Byrne, a Senior Lecturer in the School, has asked the important question: 'How do we assess the risk of personal liability for directors arising out of tortious acts?' in (2017) 32 Australian Journal of Corporate Law 351.  The abstract states:

"This is well-recognised as a confusing area of the law. This question is still unsettled today even though the first test which attempted to resolve the matter was introduced in 1924. Further tests have developed and a great deal of scrutiny has been given to them all as alternatives to a solution. This article attempts to summarise the origins of the law and then follow its progress in order to propose a way forward that may provide the certainty and predictability that directors must crave to properly assess their personal risk. It will be argued that all tests should not have to stand alone but contribute to a scale of analysis that will find a director either a primary or joint tortfeasor."

Gray on "Public Sector Employees and the Freedom of Political Communication"

USQ's Professor Anthony Gray has published a journal article on "Public Sector Employees and the Freedom of Political Communication" in a recent issue of the Alternative Law Journal.  Here's the abstract:

"This article considers the Australian Public Service guidelines on public comment on social media in terms of the constitutionally protected freedom of political communication. It argues the guidelines are excessively broad, and go beyond legitimate government interests, significantly affecting the speech of government employees. Such employees have a significant contribution to make to the kind of political debates that are necessary in a functional democracy. It argues there is a real question regarding the compatibility of the guidelines with the constitutionally implied freedom of political communication."

Gray on ''Contempt and the Australian Constitution - Part II'

Professor Anthony Gray recently published 'Contempt and the Australian Constitution - Part II' in the Journal of Judicial Administration (Volume 27, Part 2, 2018).  Here is the abstract:

"Part I of this article considered the existing common law of contempt in light of the implied freedom of political communication, concluding there were real doubts about current contempt law given this constitutional freedom. In Part II another constitutional aspect of contempt law is considered – the question of reform to contempt law, and constitutional limits on such proposals, particularly Chapter III of the Constitution."

McNamara and Zhao on ‘Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors [2015] QLC 48’

USQ academics Dr. Noeleen McNamara (Senior Lecturer in Law) and Dr. Bob Zhao (Lecturer in Law) recently published a comment on Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors, [2015] QLC 48 in the Australian Resources and Energy Law Journal (Volume 35, Issue 1, 2016).  Here is the abstract:

"The Carmichael Coal Mine and Rail Project comprises a greenfield open cut and underground coal mine and associated mine processing facilities, and a 450 km railway linking the mine with Abbot Point. The proponent is Adani Mining Pty Ltd (Adani), a subsidiary of the Adani Group, based in Ahmedabad, India. The mine is located in the Galilee Basin, the site of a number of proposed coal mines, and when fully developed is to be by far the largest coal mine in Queensland with a proposed production of up to 60 Mtpa and an estimated life of approximately 60 years. Current reserves total in excess of 3 billion tonnes of thermal coal. The estimated investment for the project is between $10 and $14 billion."