DEAKIN LAW SCHOOL RESEARCH REPORT (No 6 of 2012)
1 RECENT PUBLICATIONS
Since the last research report a number of staff publications have been reported. They include:
Mendelson, Danuta (2012) Punitive damages sensu stricto in Australia, in Meurkens, Lotte and Nordin, Emily (eds), The power of punitive damages – is Europe missing out?, pp. 145-162, Intersentia, Cambridge, England [B1]
Bagaric, Mirko and Alexander, Theo* (2012) The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn’t work, rehabilitation might and the implications for sentencing, Criminal law journal, vol. 36, no. 3, pp. 159-172, Thomson Reuters, Rozelle, N.S.W. [C1]
Bagaric, Mirko (2012) Helping real refugees, in Johns, Gary (eds), Right Social Justice : better ways to help the poor, pp. 171-184, Connor Court Publishing Pty Ltd., Ballan, Vic. [B1]
Bagaric, Mirko and Alexander, Theo 2012, The fallacy that is incapacitation: an argument for limiting imprisonment only to sex and violent offenders , Journal of Commonwealth Criminal Law, pp. 95-124.
Badenhorst, Pieter J and Olivier, NJJ 2012, Expropriation of "unused old order rights" by the MPRDA: you have lost it! , Journal of Contempory Roman-Dutch Law, vol. 75, no. 2, pp. 329-343.
2 GRANT FUNDING SUCCESS
The following grants have been approved by the School Management Team since the last research report:
Dr John Morss, The KCS hub has approved appx $3091.92 to cover his quoted airfare to fly to Washington for a workshop and from there to Sheffield for a research stay. John has promised that one book chapter and one article will result from this trip.
3 SCHOOL SEMINAR SERIES
FRIDAY, 13 JULY
LAW SCHOOL’S STAFF MEETING
1-2.15PM
Friday 20 July
Ben Hayward
Title: Balancing the Scales – The Standard of Reasons Required in Commercial Arbitration and Litigation in Australia
Abstract: On 5 October 2011, the High Court handed down its long-awaited decision in Gordian Runoff. This case was to settle an important issue of difference that had arisen amongst the State Supreme Courts and Courts of Appeal – namely the standard of reasons required of an arbitrator hearing a domestic commercial arbitration case in Australia under the Uniform Commercial Arbitration Acts. This research seminar analyses Gordian Runoff in context in four parts. First, it considers the state of the law in the different Australian jurisdictions prior to the case. Second, it considers the decision in Gordian Runoff itself. Third, it will assess how the standard of reasons required of arbitrators compares to the standard of reasons required of judges in Australia. Finally, it will assess how applicable Gordian Runoff (decided under the old Uniform Commercial Arbitration Acts) is to the new domestic commercial arbitration legislation being enacted across the Australian jurisdictions.
Friday 27 July
Dominique Allen
'Rethinking the Australian Model of Promoting Gender Equality'
Friday, 3 August
Ethiopian speaker
Friday, 10 August
Dilan Thampapillai
The M47 case
Friday, 17 August
Oscar Roos
Friday, 31 August
John Carmichael
Spoiling a good walk: golf, judicial abdication and the "much exaggerated" lex sportive.
Friday, 14 September
Andrew Torre
Copyright: A Case Study in the Transaction Costs Theory of Law
Friday, 5 October.
Veronica L Taylor
Professor, Regulatory Institutions Network Director,
School of Regulation, Justice and Diplomacy College of Asia Pacific
The Australian National University Acton ACT
4 OTHER RESEARCH RELATED ACTIVITIES
Danuta Mendelson delivered Professorial Lecture in the Dean’s Lecture Series at the Monash Medical Center, Clayton on Are Patients’ Best Interests Truly Safeguarded underthe Medical Treatment Act and the Guardianship & Administration Act? (9 July 2012)
5 OTHER MATTERS
Herewith is the most current list (as of 3 July 2012) of all HDR candidates (current, delayed start, intermitted, awaiting resubmission, under examination, awaiting graduation) and their supervisory team at the Scholl of Law:
Sams Uddin Ahmed Principal Supervisor: Dr John Robert Morss
Theodosios Alexander Principal Supervisor Prof Mirko Bagaric
Associate Supervisor: Prof Louis De Koker
Edvard Alstergren Principal Supervisor: Prof Mirko Bagaric
Neera Bhatia Principal Supervisor: Prof Mirko Bagaric
Associate Supervisor: Prof Danuta Mendelson
Sharon Erbacher Principal Supervisor: Prof Mirko Bagaric
Associate Supervisor: Prof Danuta Mendelson
Associate Supervisor: Dr John Robert Morss
Peter Thomas Jurkovsky (LLM) Principal Supervisor: Prof Danuta Mendelson
Richard Polkinghorn Principal Supervisor: Prof Danuta Mendelson
Carmen MF Randazzo Principal Supervisor: Prof Mirko Bagaric
Associate Supervisor: Dr John Robert Morss
Associate Supervisor: Prof Danuta Mendelson
Charles Wheatley (Completed) Principal Supervisor: Prof Danuta Mendelson
Associate Supervisor: A/Prof Elizabeth Adeney
Supervision of Higher Degree Research candidates is an increasingly important factor in assessment of promotion applications. Consequently, members of the Law School with appropriate qualifications (PhD or equivalent) should consider such supervision. Please, let me know if you are interested.
DANUTA MENDELSON
13 JULY 2012
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