Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

My Top Ten Tips for Good Deaning

My Top Ten Tips for Good Deaning

Author(s):

In this paper, which originated as an after-dinner speech to other Deans, the author reflects on his 15 years as Dean of the ANU College of Law and shares his 'top ten tips' for succeeding in this important and challenging leadership position. Without diminishing the importance of attention to budgetary matters, especially fund raising, and to mundane matters of management and administration, he rather stresses the importance of fostering collegiality, energising one's colleagues, and generally creating an environment in which everyone can thrive and realise their own true, and unique, potential.

Read on SSRN

Centre:

Research theme: Legal Education, The Legal Profession

Tough Love

Tough Love: Professional Regulation of Lawyer Dishonesty

Author(s): Kath Hall

Regulating lawyer dishonesty is a key focus of professional misconduct cases in most jurisdictions. And rightly so. In any legal system aimed at the just resolution of disputes between citizens, it is essential that lawyers’ words and behaviour can be relied upon by the courts, clients, other lawyers and the public. Yet research into seven years of disciplinary cases in New South Wales (NSW), Australia suggests that only a narrow range of dishonest conduct is actioned, often with harsh results for the practitioners involved. Research outlined in this article shows that 65% of the cases decided in this jurisdiction between 2004-2010 involved findings of practitioner dishonesty, 80% of the practitioners involved in those cases were disbarred and 89% of the total number of lawyers disciplined worked as solo and small firm practitioners.

The Australian research reported in this article may be emblematic of similar issues that occur in the regulation of lawyer dishonesty in both the United States and Canada. It is therefore argued that, for disciplinary cases to be seen as legitimate and just, it is important for the profession and regulators to consider the way dishonesty is being characterized and the harshness of the penalties imposed. When these questions are asked in the Australian context, the research suggests there is a tendency to treat small and sole firm practitioners particularly harshly even where small instances of dishonesty are involved. In addition, the dominant regulatory approach is still to link dishonesty with poor character, a connection that is unsupported by empirical research in psychology. Finally, there appears to be limited appreciation by regulatory authorities of the links between dishonesty, stress and psychological conditions.

Read on SSRN

Centre: CCL, CIPL, LGDI

Research theme: Law and Psychology, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

Strategic Privatisation

Strategic Privatisation of Transnational Anti-Corruption Regulation

Author(s): Kath Hall

This article discusses the privatisation of transnational anti-corruption regulation. Increasing global non-state rules, guidelines and standards have become a visible and legitimate form of corruption regulation and a key influence on the development and implementation of state-based anti-corruption laws. These private regulatory instruments are created by multilateral development banks, bi-lateral and multi-lateral development agencies, NGOs, industry groups, private corporations and technical experts. The result is that state-based transnational anti-corruption regulation is now increasingly privatised, harmonised and globalised. This not only affects developments in national anti-corruption regulation, but also the direction of corporate governance more generally. Whilst the interaction between public national and private global regulation is clearly of strategic benefit to governments, it is also creating a multi-level framework of incentives and pressures on global corporations to improve the integrity of their activities and reduce the incidence of corruption.

Read on SSRN

Centre: CCL, CIPL, LGDI

Research theme: Law and Psychology, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

The Expansion of Global Law Firms in Australia and Asia

The Expansion of Global Law Firms in Australia and Asia

Author(s): Kath Hall

Over the last 18 months the legal profession has seen unprecedented growth in the operations of global law firms in Australia. Recent mergers between top-tier and leading Australian law firms demonstrate the importance of Asian markets and the shifts in economic power from the West to the East. For such firms there are clear market and competitive drivers for expansion into Australia including proximity to rapidly developing Asian economies and increased opportunity to expand the firm’s global brand. Yet understanding the role played by Australian law firms in these developments can be tricky. For some newly merged global firms, the Australian operations are central to the firm’s regional and global expansion, allowing the firm to draw upon the strong performance and reputational capital of the Australian offices. For other global firms their alliances with Australia firms provide a strategic foundation for their expansion into Asia. And for third group of firms Australia remains a destination in its own right, sitting within the firm’s overall global network of international offices.

Read on SSRN

Centre: CCL, CIPL, LGDI

Research theme: Law and Psychology, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

The Challenges of Measuring Outcomes – Examining Quality, Responsiveness and Legal Professionalism As a Way Forward (Presentation Slides)

Author(s): Elizabeth Curran

Dr. Curran discusses her research evaluation of Legal Aid ACT where she was asked to not only measure the quality of the legal services delivered but also to grapple with the vexed measurement of outcomes. In this paper Dr. Curran outlines briefly the approach to the evaluation, the lessons and some of the key findings around how to measure quality, outcomes and effectiveness of legal services delivery. 

Read on SSRN

Centre:

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

'A Literature Review: Examining the Literature on How to Measure the 'Successful Outcomes': Quality, Effectiveness and Efficiency of Legal Assistance Services'

Author(s): Elizabeth Curran

This is a literature review for the Attorney-General’s Department. The brief was as follows.

This literature review will examine research, studies, reports, reviews and evaluation and other material both nationally and internationally around legal assistance service evaluations on the following:

'Successful Outcome'

Quality

Efficiency

Effectiveness

This Literature Review has examined a significant number of research, reports, evaluations, reviews, academic writing, studies and submissions. Some of the key lessons that these documents reveal are detailed in this Executive Summary. Some conclusions and their basis are summarized in the section entitled, 'Conclusion – An Overview of the Findings of this Literature Review'.

Some documents were provided directly to the researcher and to the Attorney-General’s Department by the Legal Assistance Sector but have not been included in this Literature Review as they were outside its scope. However, many are useful and are discussed in this Literature Review.

This Literature Review highlights that legal assistance work is not only complex but that it is also complicated. Forty-seven international studies and ninety-one national studies were considered in the course of the conduct of this literature review.

The selection criteria for determining the 'usefulness' of the reports/reviews/evaluations/ studies was as follows:

•Written in the last decade.

•The Document/Study examines outcome, quality, effectiveness and efficiency or a combination of these considerations.

•The study sets out a clear question to be answered and the methodological approach was relevant to being able to answer the question asked.

•The method for extracting information or data was effective and relevant to the information sought.

•The questions asked of participants in the instruments used were relevant.

•The data collected was sufficiently clear in illiciting the information sought.

•Given the complicated and complex nature and diversity of the legal services and the clients served, the methodology was likely to reveal the reasons behind the responses or approach that the service adopted in terms of the considerations listed above.

•A number of approaches were taken to verify, complement and unpack the reasons for the answer and included a blend of quantitative and qualitative data rather than reliance on quantitative data or one method.

•The approach taken is relevant and of assistance in the context of the NPA and the Attorney-General’s ‘Strategic Framework on Access to Justice in the Federal Civil Justice System’ , the COAG Reform Agenda and to social inclusion and Indigenous disadvantage.

Significant difficulties are identified in much of the domestic and international literature in the measurement of outcome/results, quality, efficiency and effectiveness.

The literature domestically and internationally, identifies the lack of a common language with which to articulate results, the lack of a framework in which to capture them and the difficulties in being able to measure and prove success. Where such results based measurement exists it will often need to be descriptive, subjective and there is a risk that cannot be avoided, of its being anecdotal and vague.

Each program must be first understood to be able to inform how to identify and define outcomes and measure these and ensure adaptive learning and adaptive management processes rather than these being fixed and remote from the realities of practice.

Any approach must be able to adapt and incorporate changing realities and demands on the services that are being examined.

There is no one way which can make it easy to achieve a successful outcome. Good practice informed by good training, cultural awareness, sensitivity, adaptability and flexibility are key factors in effectively reaching and targeting vulnerable and disadvantaged groups. Legal assistance services operate at different levels. Within a legal assistance service different objectives and intentions can sit behind each program. Therefore, they cannot be measured as a 'lump' without first understanding the very nature, diverse ways of engaging that are required to target different client groups, complexity, layers and imperative and funding requirements that drive each of the many parts.

Read on SSRN

Centre:

Research theme: Health, Law and Bioethics, Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education, The Legal Profession

women_judges.jpg

Women Judges, 'Maiden Speeches,' and the High Court of Australia

Author(s): Heather Roberts

Since the Australian High Court was established in 1903, ceremonies have been held to mark the swearing-in of a new Justice. This chapter utilizes the speeches made at the swearing-in ceremonies of Gaudron, Crennan, Kiefel, and Bell as a prism to explore the representation of women judges in the Australian legal community, and in particular, the Australian High Court.

These ceremonies are a rich resource by virtue of the two kinds of speeches made on these occasions. First, leaders of the Australian legal community make speeches welcoming the new High Court judge to the bench. In a legal system where federal judges are chosen behind closed doors, the welcome speeches have performed a key role in introducing the new judges to the public, and attesting to their skills as lawyer and judge. Importantly, the litany of a new judge’s accomplishments on these occasions contextualizes the concept of “merit” in a High Court appointment. Furthermore, the speech by the Commonwealth Attorney-General has provided a measure of public justification of his decision to appoint a particular judge. This chapter explores how the welcome speakers have grappled with the novelty of the feminine in the stories about the four female High Court judges. I argue that gender too often dominated this narrative, to a discriminatory and feminizing effect. In this regard, however, Bell’s ceremony may signal a new direction in the Australian legal community’s attitude toward female judges.

The second element of the swearing-in ceremony is the judge’s response to the welcome speeches. As his or her inaugural speech as a member of the High Court, this speech is the judicial equivalent of the “maiden speech” by members of parliament. The judge’s speech is delivered in a setting rich with contradiction: a statement from the bench, yet of no judicial force; liberated in content and style from the boundaries of a legal dispute and yet constrained by the weight of convention regarding the “appropriate” remarks for an incoming judge; and, a statement of individual identity, values, and principles made from the “identity-less” judge of the common law tradition. For present purposes, the critical feature of the inaugural speeches of Australia’s four female High Court judges is how they tell their stories and the place of gender in that narrative. I argue that these speeches reflect a continuing pressure faced by women judges to distance themselves from the perception of their “otherness” on the bench. This pressure manifested first in Gaudron’s speech, Women Judges, “Maiden Speeches,” and the High Court of Australia when she tempered her bold acknowledgment of her identity as the first woman to join the High Court with affirmations of her sameness with her brother judges. Significantly, twenty years later, Bell’s swearing-in speech continued to display both a self-conscious silencing of her feminine voice and statements affirming her distance from outsiders on the bench.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Legal History and Ethnology, Private Law, The Legal Profession

Teaching Professionalism in Legal Clinic

Teaching Professionalism in Legal Clinic – What New Practitioners Say is Important

Author(s): Tony Foley, Vivien Holmes, Stephen Tang

Anecdotal evidence suggests new lawyers may struggle as they begin legal practice. Little is known empirically about their actual experiences. This paper provides some insights into what occurs in this transition. It reports on a qualitative study currently underway tracking new lawyers through their first year of practice. Preliminary analysis of data from interviews and from workplace observations suggests clinical legal education can play a significant role in smoothing the transition and helping new lawyers develop their sense of professionalism.

This project builds on similar UK research which followed law graduates into their vocational training year. The authors tracked new lawyers in the context of their post-admission practice with a small cohort of recently admitted lawyers interviewed and observed in their day to day practice. This paper describes what these new lawyers say is important to an effective transition – developing autonomy, learning to deal with uncertainty and finding an accommodation between their developing professional values and those modelled by their firm and colleagues. Clinical programs offer opportunities for an early reflective exposure to these experiences.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Health, Law and Bioethics, Indigenous Peoples and the Law, Law and Psychology, Legal Education, Regulatory Law and Policy, The Legal Profession

Women Judges

Women Judges, 'Maiden Speeches,' and the High Court of Australia

Author(s): Heather Roberts

Since the Australian High Court was established in 1903, ceremonies have been held to mark the swearing-in of a new Justice. This chapter utilizes the speeches made at the swearing-in ceremonies of Gaudron, Crennan, Kiefel, and Bell as a prism to explore the representation of women judges in the Australian legal community, and in particular, the Australian High Court.

These ceremonies are a rich resource by virtue of the two kinds of speeches made on these occasions. First, leaders of the Australian legal community make speeches welcoming the new High Court judge to the bench. In a legal system where federal judges are chosen behind closed doors, the welcome speeches have performed a key role in introducing the new judges to the public, and attesting to their skills as lawyer and judge. Importantly, the litany of a new judge’s accomplishments on these occasions contextualizes the concept of “merit” in a High Court appointment. Furthermore, the speech by the Commonwealth Attorney-General has provided a measure of public justification of his decision to appoint a particular judge. This chapter explores how the welcome speakers have grappled with the novelty of the feminine in the stories about the four female High Court judges. I argue that gender too often dominated this narrative, to a discriminatory and feminizing effect. In this regard, however, Bell’s ceremony may signal a new direction in the Australian legal community’s attitude toward female judges.

The second element of the swearing-in ceremony is the judge’s response to the welcome speeches. As his or her inaugural speech as a member of the High Court, this speech is the judicial equivalent of the “maiden speech” by members of parliament. The judge’s speech is delivered in a setting rich with contradiction: a statement from the bench, yet of no judicial force; liberated in content and style from the boundaries of a legal dispute and yet constrained by the weight of convention regarding the “appropriate” remarks for an incoming judge; and, a statement of individual identity, values, and principles made from the “identity-less” judge of the common law tradition. For present purposes, the critical feature of the inaugural speeches of Australia’s four female High Court judges is how they tell their stories and the place of gender in that narrative. I argue that these speeches reflect a continuing pressure faced by women judges to distance themselves from the perception of their “otherness” on the bench. This pressure manifested first in Gaudron’s speech, Women Judges, “Maiden Speeches,” and the High Court of Australia when she tempered her bold acknowledgment of her identity as the first woman to join the High Court with affirmations of her sameness with her brother judges. Significantly, twenty years later, Bell’s swearing-in speech continued to display both a self-conscious silencing of her feminine voice and statements affirming her distance from outsiders on the bench.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Legal History and Ethnology, Private Law, The Legal Profession

Our Common Future

Our Common Future: The Imperative for Contextual Ethics in a Connected World

Author(s): Vivien Holmes

Global connectedness offers possibilities for development and peace, and poses threats to security and the environment, on a scale we are still comprehending. Transactional and advisory lawyers are in a powerful position to affect the global impact of their clients' conduct. The world needs lawyers to recognize the global effect of their conduct, and to take responsibility for it, through a contextual approach to legal ethics. Lawyers must firmly and clearly restate their ethics, making them relevant to an environment where borders and boundaries no longer reliably define their accountability. The world cannot afford for lawyers to do otherwise.

Read on SSRN

Centre: CIPL

Research theme: Legal Education, The Legal Profession

Teaching Professionalism in Legal Clinic

Teaching Professionalism in Legal Clinic – What New Practitioners Say is Important

Author(s): Tony Foley, Vivien Holmes, Stephen Tang

Anecdotal evidence suggests new lawyers may struggle as they begin legal practice. Little is known empirically about their actual experiences. This paper provides some insights into what occurs in this transition. It reports on a qualitative study currently underway tracking new lawyers through their first year of practice. Preliminary analysis of data from interviews and from workplace observations suggests clinical legal education can play a significant role in smoothing the transition and helping new lawyers develop their sense of professionalism.

This project builds on similar UK research which followed law graduates into their vocational training year. The authors tracked new lawyers in the context of their post-admission practice with a small cohort of recently admitted lawyers interviewed and observed in their day to day practice. This paper describes what these new lawyers say is important to an effective transition – developing autonomy, learning to deal with uncertainty and finding an accommodation between their developing professional values and those modelled by their firm and colleagues. Clinical programs offer opportunities for an early reflective exposure to these experiences.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Health, Law and Bioethics, Indigenous Peoples and the Law, Law and Psychology, Legal Education, Regulatory Law and Policy, The Legal Profession

‘Swearing Mary’: The Significance of the Speeches Made at Mary Gaudron's Swearing-in as a Justice of the High Court of Australia

Author(s): Heather Roberts

During the High Court of Australia’s first century, Mary Gaudron served as the first and only female member of its bench. This paper commemorates the 25th anniversary of Gaudron’s appointment to the High Court by examining the speeches made at her swearing-in ceremony, in February 1987. Largely ignored by scholars, swearing-in ceremonies provide unique insights into the history of courts and the personality and philosophy of their judges. Through the prism of Gaudron’s swearing-in ceremony, this paper showcases the significance of these occasions as a commentary on the institutional and intellectual life of the Court. In particular, Gaudron’s swearing-in ceremony tells a fascinating story of institutional and gender politics in the High Court: the legal community’s varied response to the novelty of a woman High Court Justice; Gaudron’s intricate balancing between her distinctive vision of her obligations as a mentor to women lawyers and her role as ‘one of seven’ on a collegiate bench; and the perennial tension between innovation and tradition in legal method.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Legal History and Ethnology, Private Law, The Legal Profession

Did She Consent? Law and the Media in New South Wales

Author(s): Anthony Hopkins

Legislative reform to the law of sexual assault in New South Wales in 2007 emphasises that those who wish to engage in sexual intercourse must take steps to ensure that they do so with consent. The new laws’ intent was to ensure free, voluntary and communicated consent, and to punish those who take advantage of the intoxication of their victim, or seek to hide behind their own intoxication. Further, the intent was to promote awareness and expectation with respect to acceptable consensual sexual activity. This article identifies a discord between this legislative intent and the reporting and commentary in the newsprint media which continues to focus on victim intoxication and behaviour as a matter of ‘risk’. The contention here is that until the legislative intent is reflected in the newsprint media the national conversation on sexual assault will remain impoverished, limiting the potential to focus the spotlight on perpetrators.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Indigenous Peoples and the Law, Law and Gender, Law and Social Justice, Legal Education, The Legal Profession

A Company ID

A Company ID: Independent Directors and the Power Groups that Try to Influence Them

Author(s): Kath Hall

The independent director is hailed as a tool to monitor and improve corporate management and decision making. This role is premised on the belief that directors who are independent of a corporation can be faithful guardians of its interests. However, powerful group influences can sully this writes Kath Hall and Suzanne Le Mire.

Read on SSRN

Centre: CCL

Research theme: The Legal Profession

Changing Our Thinking

Changing Our Thinking: Empirical Research on Law Student Wellbeing, Thinking Styles and the Law Curriculum

Author(s): Molly Townes O'Brien, Stephen Tang, Kath Hall

We surveyed first-year students at the ANU College of Law on various measures of well-being, thinking styles and motivations for attending law school. We followed up our surveys with a student–faculty dialogue retreat. The results of our work confirm that, even in a law school where formal mentoring programs are in place and where resources for student counseling are readily available, law students suffer symptoms of psychological distress at levels higher than their age peers in the general public. During the first year of law school, many students experience psychological struggles, changes in their thinking styles, and changes in self-concept and sense of well-being. By the end of the first year many students in our sample showed increased rational thinking and lower experiential thinking. Lower levels of experiential thinking were associated with increased symptoms of psychological distress, while students with a higher propensity toward experiential thinking showed little change in depressive symptoms from the beginning to the end of the year of law study.

In extended deliberations on law student well-being, faculty and student retreat participants highlighted their sense that law school changed them in important ways, making them more rational, analytical, competitive and adversarial. Law school also promoted feelings of insecurity, inefficacy and isolation. To address these changes, participants made a variety of proposals for curricular reform, which are discussed here. Specific changes in law school curricula – including proposals for greater transparency, clarity and guidance about course work, for more positive and formative feedback, and for more social and intellectual engagement – are identified as having potential to improve law student well-being.

Read on SSRN

Centre: CCL, CIPL, LGDI

Research theme: Criminal Law, Health, Law and Bioethics, Human Rights Law and Policy, Law and Psychology, Law and Social Justice, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

An Inconstant Affair

An Inconstant Affair: Feminism and the Legal Academy

Author(s): Margaret Thornton

Drawing on the Australian experience, this chapter shows how the fortunes of feminist legal theory (FLT) are closely imbricated with those of the state. The trajectory of the discomfiting liaison between feminism and the legal academy is traced over three decades to highlight the contingent nature of FLT, particularly the sensitivity to the prevailing political climate in which the pendulum swing from social liberalism to neoliberalism induces uncertainty and instability. It will be shown that under social liberalism, FLT received a modicum of acceptance within the legal academy but began to contract and then wither with the onset of neoliberalism. This has not only been disastrous for FLT, but it has also subtly brought about a remasculinisation of the academy.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education, The Legal Profession

Adventures on the Barbary Coast

Adventures on the Barbary Coast: Morrison and Enforcement in a Globalised Securities Market

Author(s): Peta Spender

Although efforts have been made to develop international or harmonised regimes for the enforcement of securities law, the global architecture of securities regulation is underdeveloped. In particular, the harmonisation project may be sidelined by nations enforcing their securities laws extraterritorially. Notwithstanding issues of comity, the extraterritorial operation of the anti-fraud provisions in United States securities law has been expansively interpreted by US courts, particularly in multinational securities class actions, and the US has accordingly been portrayed as a securities policeman or, more disparagingly, a legal imperialist. This ended abruptly with the US Supreme Court decision in Morrison v National Australia Bank Ltd, where it was held that the anti-fraud provisions did not apply in an action brought by an Australian investor against an Australian company listed on an Australian exchange. This case note will examine the context and consequences of Morrison, including the legislation passed by Congress in its wake, the tensions caused if US citizens lose the ‘protective shield’ of US law and the centrifugal effect of the decision that may lead to more securities class actions being commenced in Australia.

Read on SSRN

Centre: CCL

Research theme: Law and Gender, Law and Social Justice, Private Law, Regulatory Law and Policy, The Legal Profession

Changing Our Thinking

Changing Our Thinking: Empirical Research on Law Student Wellbeing, Thinking Styles and the Law Curriculum

Author(s): Molly Townes O'Brien, Stephen Tang, Kath Hall

We surveyed first-year students at the ANU College of Law on various measures of well-being, thinking styles and motivations for attending law school. We followed up our surveys with a student–faculty dialogue retreat. The results of our work confirm that, even in a law school where formal mentoring programs are in place and where resources for student counseling are readily available, law students suffer symptoms of psychological distress at levels higher than their age peers in the general public. During the first year of law school, many students experience psychological struggles, changes in their thinking styles, and changes in self-concept and sense of well-being. By the end of the first year many students in our sample showed increased rational thinking and lower experiential thinking. Lower levels of experiential thinking were associated with increased symptoms of psychological distress, while students with a higher propensity toward experiential thinking showed little change in depressive symptoms from the beginning to the end of the year of law study.

In extended deliberations on law student well-being, faculty and student retreat participants highlighted their sense that law school changed them in important ways, making them more rational, analytical, competitive and adversarial. Law school also promoted feelings of insecurity, inefficacy and isolation. To address these changes, participants made a variety of proposals for curricular reform, which are discussed here. Specific changes in law school curricula – including proposals for greater transparency, clarity and guidance about course work, for more positive and formative feedback, and for more social and intellectual engagement – are identified as having potential to improve law student well-being.

Read on SSRN

Centre: CCL, CIPL, LGDI

Research theme: Criminal Law, Health, Law and Bioethics, Human Rights Law and Policy, Law and Psychology, Law and Social Justice, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

Adventures on the Barbary Coast

Adventures on the Barbary Coast: Morrison and Enforcement in a Globalised Securities Market

Author(s): Peta Spender

Although efforts have been made to develop international or harmonised regimes for the enforcement of securities law, the global architecture of securities regulation is underdeveloped. In particular, the harmonisation project may be sidelined by nations enforcing their securities laws extraterritorially. Notwithstanding issues of comity, the extraterritorial operation of the anti-fraud provisions in United States securities law has been expansively interpreted by US courts, particularly in multinational securities class actions, and the US has accordingly been portrayed as a securities policeman or, more disparagingly, a legal imperialist. This ended abruptly with the US Supreme Court decision in Morrison v National Australia Bank Ltd, where it was held that the anti-fraud provisions did not apply in an action brought by an Australian investor against an Australian company listed on an Australian exchange. This case note will examine the context and consequences of Morrison, including the legislation passed by Congress in its wake, the tensions caused if US citizens lose the ‘protective shield’ of US law and the centrifugal effect of the decision that may lead to more securities class actions being commenced in Australia.

Read on SSRN

Centre: CCL

Research theme: Law and Gender, Law and Social Justice, Private Law, Regulatory Law and Policy, The Legal Profession

No Time to Lose

No Time to Lose: Negative Impact on Law Student Wellbeing May Begin in Year One

Author(s): Molly Townes O'Brien, Stephen Tang, Kath Hall

Preliminary results of a pilot study of law students suggest that, during the first year of law study, students may experience changes in thinking styles, stress levels, and satisfaction with life. Although further inquiry into the cause of law student distress is necessary, the authors consider certain assumptions underlying the legal curriculum - particularly the conception of a lawyer as adversarial, emotionally detached, and competitive - to be possible sources of the negative impact on student wellbeing. It is suggested that legal educators should reexamine their curricula, particularly their conception of what it means to be a lawyer, and think creatively about ways that law schools may encourage healthier approaches to the study of law.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Health, Law and Bioethics, Human Rights Law and Policy, Law and Psychology, Law and Social Justice, Legal Education, Private Law, Regulatory Law and Policy, The Legal Profession

Pages

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team