Young co-authors "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism"

Professor Simon Young of the USQ School of Law and Justice has co-authored a new paper (with Professor Jennifer Corrin of UQ) titled "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism".  The article appears in Volume 48(4) of the Common Law World Review.  Here is the abstract:

"The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper."

Gray on "Freedom of Speech in Practice: Controversial Applications of Law and Theory"

Professor Anthony Gray of the USQ School of Law and Justice has published an important new book with Lexington Press (an imprint of Rowan and Littlefield).  The book's title is Freedom of Speech in Practice: Controversial Applications of Law and Theory.  Here is the abstract:

"This book considers the application of free speech principles in controversial contexts discussing United States law and equivalent law in Europe, Canada and Australia. Anthony Gray examines the extent to which speech of public sector employees is and should be protected. He tackles the difficult question of hate speech and the degree to which regulation of it has been permitted, and should be permitted. The growing controversy of speech in a university setting is discussed along with the roles campuses play in fostering intellectual debate which democracies depend on. Lastly, Gray looks at free speech issues at stake in the exponential growth of online activity and analyzes questions the of liability these tech companies have and their role as facilitators of mass communication, to what extent does the first amendment even apply, and the potential of the internet to support democratic traditions. Overall, Gray finds that in these several key areas, free speech rights are not as strongly protected as they should be. Courts have often bowed to decision makers balancing away free speech rights in favor of other objectives and instead need to re-assert the importance of free speech in these disparate contexts."

Martin on "Victorian ecological sustainable forest management: Part VI – Identifying change mechanisms in regulation and a new model for Victorian public forestry"

Dr Rhett Martin, a Senior Lecturer at the USQ School of Law and Justice, has published the conclusion to his six-part series on forest management in Victoria.  The article appears in Volume 37(6) of the Environmental and Planning Law Journal and is titled "Victorian ecological sustainable forest management: Part VI – Identifying change mechanisms in regulation and a new model for Victorian public forestry".

Gray on "Chapter III of the Constitution and the Protection of Due Process Rights"

Professor Anthony Gray of the USQ School of Law and Justice has published a new paper in an edited collection on rights.  The book is titled The Legal Protection of Rights in Australia (Hart, 2019) and Professor Gray's contribution is "Chapter III of the Constitution and the Protection of Due Process Rights."

Gray on "A Critique of the Enterprise Risk Theory of Vicarious Liability"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 62(2) of the Canadian Business Law Journal.  Here is the abstract for A Critique of the Enterprise Risk Theory of Vicarious Liability:

"The enterprise risk theory has gained prominence as an attempted justification and rationalisation for the imposition of vicarious liability upon employers. This paper makes several criticisms of the enterprise risk theory, including that it does not accurately describe how judges traditionally decide tort law cases, it does not adequately explain all features of vicarious liability law, and it does not justify the imposition of vicarious liability upon organisations."

Gray on "The Liability of Search Engines and Tech Companies in Defamation Law"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 27(1) of the Tort Law Review.  The article is titled The Liability of Search Engines and Tech Companies in Defamation Law.  Here is the abstract:

"In this second in a series of three articles, I consider another possible substantive change to the law of defamation, that relating to the liability of tech companies such as search engines for defamatory material. It is argued here that tech companies which merely allow others to access conduct created by another should not generally be regarded as publishers for the purposes of defamation law. The focus will be on the possible liability of search engines for such liability, given that internet service providers are provided some explicit statutory protection from such actions. The principles discussed would also be applicable to cases where it is claimed that those operating a public Facebook page are liable in defamation for material posted to that page by others, which is the subject of current Australian litigation."

Hemming on "Criminal Procedure in Australia"

Dr. Andrew Hemming, a Senior Lecturer in the USQ School of Law and Justice, has co-authored the second edition of Criminal Procedure in Australia.  The book is published by LexisNexis.  Here is the publisher's description:

"This important text 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, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.

The fully revised and extensively updated second edition includes developments in search and seizure, criminal infringement notices, and reforms in the areas of bail, committals and early guilty pleas, jury directions and sentencing (including expansion of Intensive Correction Orders in NSW). Important new cases include North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015, HCA) — detention of intoxicated persons; Prior v Mole (2017, HCA) — reasonable suspicion; Lee v NSW Crime Commission (2013, HCA); Strickland v DPP (Cth) (2018, HCA) — permanent stay of prosecution; Kalbasi v Western Australia (2018, HCA) — the proviso; Rodi v Western Australia (2018, HCA) — fresh evidence; AB v CD (2018, HCA) — prosecutor's duty of disclosure; Pell v R (VSCA, 2019) – unreasonableness appeal ground; and DPP Reference No 1 of 2017 (2019, HCA) – Prasad directions.

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."