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Climate and Carnism: Regulatory Pathways towards a Sustainable Food System 气候与嘉年华:迈向可持续食物系统的监管途径
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-12-01 DOI: 10.53637/gvrn1279
V. Chen, Cary di Lernia
{"title":"Climate and Carnism: Regulatory Pathways towards a Sustainable Food System","authors":"V. Chen, Cary di Lernia","doi":"10.53637/gvrn1279","DOIUrl":"https://doi.org/10.53637/gvrn1279","url":null,"abstract":"","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47232249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Innovations for Incisional Hernia Prevention. 切口疝气预防创新。
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-11-03 eCollection Date: 2022-01-01 DOI: 10.3389/jaws.2022.10945
Hobart W Harris
{"title":"Innovations for Incisional Hernia Prevention.","authors":"Hobart W Harris","doi":"10.3389/jaws.2022.10945","DOIUrl":"10.3389/jaws.2022.10945","url":null,"abstract":"<p><p>Incisional hernias are the most frequent long-term complication of abdominal surgery, resulting in considerable patient morbidity and increased health care costs. These hernias frequently result from excessive tension concentrated at points along the suture line of the abdominal closure. While ample research is focused on developing improved repair materials, the optimal solution to the problem of incisional hernias is prevention. Accordingly, some investigators have postulated that incisional hernias can be prevented by distributing tension more evenly along the fascial closure. Herein we describe two novel and ingenious strategies for the improved distribution of tension when closing abdomens (T-Line<sup>®</sup> Hernia Mesh and the REBUILD Bioabsorbable™) that were conceived of and developed by surgeons.</p>","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"9 1","pages":"10945"},"PeriodicalIF":0.0,"publicationDate":"2022-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10831672/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86596135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Perpetual Trustee Co Ltd v Smith Priority Paradox: Just How Paramount Are Paramount Interests? 永久信托有限公司诉史密斯优先悖论:最重要的利益到底有多重要?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/ntoh3716
Lisa Spagnolo, Sharon Rodrick
{"title":"The Perpetual Trustee Co Ltd v Smith Priority Paradox: Just How Paramount Are Paramount Interests?","authors":"Lisa Spagnolo, Sharon Rodrick","doi":"10.53637/ntoh3716","DOIUrl":"https://doi.org/10.53637/ntoh3716","url":null,"abstract":"The purpose of this article is to explain and critique how courts have interpreted the paramount interest provisions in Torrens system legislation. The discussion pivots around Perpetual Trustee Co Ltd v Smith (‘Perpetual’), which concerned ‘the interest of a tenant in possession’ in the Transfer of Land Act 1958 (Vic) section 42(2)(e), an exception to indefeasibility recognised in all Australian jurisdictions to varying extents. We analyse the two High Court cases upon which the Court in Perpetual relied and critically compare the ‘two step manner’ in which the Court analysed priority under section 42(2)(e) with the ‘one step manner’ in which priority is dealt with in other exceptions to indefeasibility. Proceeding on the assumption that the interpretation of section 42(2)(e) adopted in Perpetual is correct, we consider whether the judges characterised the parties’ interests correctly and whether Perpetual’s approach to section 42(2)(e) could, and should, be taken to other paramount interests.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43917977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Renovating the Orthodox Theory of Australian Territorial Sovereignty 革新正统的澳大利亚领土主权理论
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/wdei5411
Daniel Lavery
{"title":"Renovating the Orthodox Theory of Australian Territorial Sovereignty","authors":"Daniel Lavery","doi":"10.53637/wdei5411","DOIUrl":"https://doi.org/10.53637/wdei5411","url":null,"abstract":"Mabo v Queensland [No 2] opened for re-examination the fundamental principles underpinning the colonial foundations of Australia, stating the native title of Indigenous peoples could survive the assertions of territorial sovereignty by Great Britain. Finding their territories were ‘sovereign’-less because they were ‘backward peoples’, an original, plenipotent sovereignty swept across the 3,000,000 square kilometres of ‘New South Wales’ on 7 February 1788, and across the balance of continental Australia in 1824 and 1829. This orthodox theory of sovereignty was unchallenged until Members of the Yorta Yorta Aboriginal Community v Victoria in 2002, where the High Court stressed the traditional laws and customs sourcing these native titles must be housed in pre-existing yet vital normative systems which likewise survived the assertions of sovereignty. Each native title determination thus acknowledges an Indigenous society whose laws and customs are sourced outside of the formal constitutional framework. The orthodox theory needs renovating in order to achieve a legally congruent and historically coherent framework.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44905514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Employment Discrimination by Algorithm: Can Anyone Be Held Accountable? 算法造成的就业歧视:任何人都可以被追究责任吗?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/xtqy4027
Natalie Sheard
{"title":"Employment Discrimination by Algorithm: Can Anyone Be Held Accountable?","authors":"Natalie Sheard","doi":"10.53637/xtqy4027","DOIUrl":"https://doi.org/10.53637/xtqy4027","url":null,"abstract":"Accountable? Author Natalie Sheard The use by employers of Algorithmic Hiring Systems (‘AHSs’) to automate or assist with recruitment decisions is occurring in Australia without legal oversight. Regulators are yet to undertake an analysis of the legal issues posed by their use. Academic literature on this topic is limited and judicial guidance is yet to be provided. This article examines to what extent, if at all, Australian anti- discrimination laws are able to regulate the use by employers of discriminatory AHSs. First, it examines the re-emergence of blatant discrimination by digital job advertising systems. Second, it considers who, if anyone, is liable for automated discrimination. Third, it examines the law’s ability to regulate ‘proxy’ discrimination. Finally, it explores whether indirect discrimination provisions can provide redress for the disparate impact of an AHS. Australia’s anti-discrimination laws are long overdue for reform. This article concludes that new legislative provisions, as well as non- binding guidelines, specifically tailored to the use by employers of algorithmic decision systems are needed.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49256856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Voluntary Requests, or Vulnerable Adults? A Critique of Criminal Sentencing in Assisted Suicide and ‘Mercy Killing’ Cases 自愿请求，还是弱势成年人？论协助自杀和“安乐死”案件的刑事量刑
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/sosl1176
Katrine Del Villar, L. Willmott, B. White
{"title":"Voluntary Requests, or Vulnerable Adults? A Critique of Criminal Sentencing in Assisted Suicide and ‘Mercy Killing’ Cases","authors":"Katrine Del Villar, L. Willmott, B. White","doi":"10.53637/sosl1176","DOIUrl":"https://doi.org/10.53637/sosl1176","url":null,"abstract":"‘Mercy Killing’ Cases Author Katrine Del Villar, Lindy Willmott and Ben P White This article examines the sentencing remarks in all publicly reported Australian cases on assisted suicide and mercy killing since 1980. Themes emerging from judicial reasons for sentencing confirm that many traditional aims of sentencing – such as specific deterrence, retribution or rehabilitation – are inapposite in cases where relatives or friends act outside the law to end the suffering of a loved one. Pronounced leniency in sentencing, observed across the spectrum of cases, demonstrates a gap between the law on the books and the sentences imposed in practice. We identify inconsistent outcomes, both in charges laid and sentences imposed, which have the potential to undermine public confidence in the rule of law. We conclude that criminal law simultaneously provides both too much protection and insufficient protection for members of the community. We recommend law reform to enable judges to better distinguish between voluntary and non-voluntary assisted suicides and mercy killings.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43900598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legal Duties of Researchers to Protect Participants in Child Maltreatment Surveys: Advancing Legal Epidemiology 研究人员保护儿童虐待调查参与者的法律义务：推进法律流行病学
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/oakc2052
Benjamin Mathews
{"title":"Legal Duties of Researchers to Protect Participants in Child Maltreatment Surveys: Advancing Legal Epidemiology","authors":"Benjamin Mathews","doi":"10.53637/oakc2052","DOIUrl":"https://doi.org/10.53637/oakc2052","url":null,"abstract":"Legal Epidemiology Author Ben Mathews Studies of the prevalence of child maltreatment respond to a public policy imperative to better understand and prevent child abuse and neglect. These studies span domains of law, public health, and legal epidemiology. When conducting them, researchers must comply with legal duties to protect research participants. Australia has a complex legal environment, with additional challenges when participants are children, or are in danger. Duties arise in three bodies of law, vary across States and Territories, and require statutory interpretation, conceptual analysis, and operationalisation. This article conducts the first comprehensive analysis of researchers’ legal duties to protect participants in child maltreatment surveys. It contributes new understandings of the operation of mandatory reporting duties in child protection law, duties to report child abuse offences in criminal law, and the duty of care in negligence law. The analysis informs conclusions about the applicability of these duties, and indicates a legally compliant, ethically sound, and operationally practicable approach. Findings are relevant to multiple settings.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48970077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Unusual Place of Industry Codes of Conduct in the Regulatory Framework 行业行为准则在监管框架中的特殊地位
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/pmnv9100
A. Terry
{"title":"The Unusual Place of Industry Codes of Conduct in the Regulatory Framework","authors":"A. Terry","doi":"10.53637/pmnv9100","DOIUrl":"https://doi.org/10.53637/pmnv9100","url":null,"abstract":"The comment of Commissioner Hayne in his Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – that ‘industry codes … occupy an unusual place in the prescription of generally applicable norms of behaviour’ – was directed to voluntary industry codes. The term is nevertheless used indiscriminately, and industry codes inhabit each regulatory strategy – self-regulation, quasi-regulation, co-regulation and explicit government regulation. The term ‘industry code of conduct’ is not a term of art with a settled meaning and is widely used as a convenient term to describe a diverse range of industry rules –from aspirational ethical statements of industry associations with no effective coverage, content or enforcement, to legislated prescriptions in various forms which are imposed by, and attract, the full majesty of the law. This article examines the role, operation, and legal effect of industry codes under each of the regulatory strategies and proposes a more rigorous taxonomy.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45999383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Critique of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) in Light of Australia’s Obligations under the United Nations Convention on the Rights of the Child 鉴于澳大利亚根据《联合国儿童权利公约》承担的义务，对《2019年反恐怖主义（临时排除令）法》（Cth）的批评
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/biqj7640
M. Couzens
{"title":"A Critique of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) in Light of Australia’s Obligations under the United Nations Convention on the Rights of the Child","authors":"M. Couzens","doi":"10.53637/biqj7640","DOIUrl":"https://doi.org/10.53637/biqj7640","url":null,"abstract":"on the Rights of the Child Author Meda Couzens This article challenges the position of the Australian executive that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) is compatible with the United Nations Convention on the Rights of the Child (‘CRC’). Placing the discussion in the context of Australian children detained in Kurdish camps in Northern Syria on the ground of their involvement, or their parents’ involvement, with Islamic State of Iraq and the Levant, the article contends that the Act does not permit the best interests of the child to be meaningfully taken into consideration (contrary to article 3(1) of the CRC). The article also argues that the Act has negative consequences for nationality rights and rights concerning the protection of the relationship between children and their parents (articles 7–9 and 16 of the CRC).","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48298858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regulating Volunteer Directors’ Duties in Companies Registered with the Australian Charities and Not-for-profits Commission 规范在澳大利亚慈善和非营利委员会注册的公司志愿董事的职责
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2022-07-01 DOI: 10.53637/yths8021
Jeanne Nel de Koker
{"title":"Regulating Volunteer Directors’ Duties in Companies Registered with the Australian Charities and Not-for-profits Commission","authors":"Jeanne Nel de Koker","doi":"10.53637/yths8021","DOIUrl":"https://doi.org/10.53637/yths8021","url":null,"abstract":"Australian directors, whether volunteering or serving a commercial or charitable company, have similar legal responsibilities and exposure to personal liability for unintentional mistakes. In 1991, the Supreme Court of Victoria awarded $97 million, equivalent to almost $200 million today, against a volunteer director of a not-for- profit charitable company. More recently, the Federal Court imposed a $90,000 penalty on a former Tennis Australia director, Harold Mitchell. Should volunteer charity directors and their fee-earning corporate counterparts be subject to the same legal duties, obligations and liability exposure? This article considers the potential impact of the 2018 Australian Charities and Not-for-profits Commission (‘ACNC’) Legislation Review Recommendation 11, that the statutory directors’ duties in the Corporations Act 2001 (Cth) be turned ‘back on’ for directors of ACNC registered charitable companies, with specific reference to individual directors, charities, and the regulation of the charity sector. It cautions against regulatory changes that impose unrealistic compliance obligations and complexity that could do significant long-term damage to the sector.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41592461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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