This article discusses whether the demand that law academics show citations by a superior court is disadvantageous to women, using the citations of academic work by the High Court of Australia from ...2015, 2016 and 2017. The preliminary data show that male academics were cited much more often than female academics (even for works written after 1999), and academics who were cited were associated primarily with 'elite' universities in Australia, England and the United States. The use of citation by superior courts may not really show 'impact' but may rather indicate that the common law displays historical and unconscious biases.
The first thing anyone noticed about Suzan Davies was her extraordinary enthusiasm and drive. I first met Suzan in 1988 in Year 7 at my Australian high school and I was immediately struck by her ...vivacious personality, intelligence and compassion. Our friendship spanned over thirty years. She made a great contribution to the law as an educator and as an inaugural editor of the 'Melbourne Journal of International Law'.
This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases ...in contract law, and examines the circumstances in which such an award should be made.
Abstract The role of protectors, guardians and other third-party officers is not well-explored in Australian case law. This article seeks to provide guidance for Australian practitioners, with ...reference to overseas case law, as cases involving these roles will become increasingly prominent in future years. The article discusses the definition of “protector”, the nature of different powers, the fiduciary aspects of the role and the possibility that a court may find a trust to be illusory, or “look through” the trust. The advantages and disadvantages of protectors are canvassed along with tips for drafters of trust deeds.
Abstract
This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. ...Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem.
Failure to pay prize money on instant lottery ticket - consumers bound by qualifying term - rule requiring verification procedure before prize could be awarded - inclusion of term misleading and ...deceptive conduct.
This article discusses whether the demand that law academics show citations by a superior court is disadvantageous to women, using the citations of academic work by the High Court of Australia from ...2015, 2016 and 2017. The preliminary data show that male academics were cited much more often than female academics (even for works written after 1999), and academics who were cited were associated primarily with 'elite' universities in Australia, England and the United States. The use of citation by superior courts may not really show 'impact' but may rather indicate that the common law displays historical and unconscious biases.
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