This paper argues for more studies which situate legal scholars within the context of Australian law schools. Abstract The purpose of this paper is to argue for more histories of Australian legal scholars that study their endeavours through the lens of legal education; in other words, studies which situate legal scholars within the context of...

This article explores the dynamic by which once exceptional measures become normalised and then extended to new extremes. Abstract Since September 11, Australia’s federal Parliament has enacted a range of exceptional measures aimed at preventing terrorism. These measures include control orders, which were not designed or intended for use outside of the terrorism context. What...

This article examines some of the earliest copyright cases to deal with works of geographical information, relating them to today’s discussions surrounding the treatment of factual works.

Fidelity to ‘democracy’ is frequently assumed to be an important evaluative criterion for selecting between competing theories of constitutional interpretation. This article interrogates that assumption by examining a widely deployed argument against progressive judicial interpretation associated with ‘formalist’ theories.

This article proffers an alternative system for handling complaints about the judiciary, tailored to fit within Australia's constitutional constraints whilst promoting the institutional integrity of the judiciary. Abstract Judges are human. It is their humanity that allows them to pass judgement on the complexities of fact and law in cases before them. However, their humanity...