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Crime Fiction and the Law
This book opens up a range of important perspectives on law and violence by considering the ways in which their relationship is formulated in literature, television and film. Employing critical legal theory to address the relationship between crime fiction, law and justice, it considers a range of topics, including: the relationship between crime fiction, legal reasoning and critique; questions surrounding the relationship between law and justice; gender issues; the legal, political and social impacts of fictional representations of crime and justice; post-colonial perspectives on crime fiction; as well as the impact of law itself on the crime fiction’s development. Introducing a new sub-field of legal and literary research, this book will be of enormous interest to scholars in critical, cultural and socio-legal studies, as well as to others in criminology, as well as in literature.
Damages for Psychiatric Injuries
Damages for Psychiatric Injuries offers a critique of liability for psychiatric injury in Australia and England. Author Des Butler examines current day understandings of psychiatric medicine, evaluates the legitimacy of past and current approaches to limiting liability, and examines the policy considerations which promote such limits. Butler also analyses the recommendations of the 2002 Ipp Panel's Review of Negligence in Australia and resulting legislation. Succinct and readable, the book sets out a preferred approach to dealing with claims for psychiatric injuries, which recognises the scientific advances of recent times and reflects good legal reasoning.
The Precautionary Principle in Practice
The precautionary principle puts forward the 'commonsense' notion that decision-makers should be cautious when assessing potential health or environmental harms in the absence of the full scientific facts. It is now a well-established tenet of environmental law. The debate has turned to its legal implementation, especially its application 'in practice'. The Precautionary Principle in Practice - Environmental decision-making and scientific uncertainty focuses on these issues. It considers how decision-makers can assess threats to health or the environment when the available scientific evidence is sparse and discusses the types of 'uncertainties' that bring the precautionary principle into pla...
Dealing with Demonstrations
This book explores the laws relating to political demonstrations. It is comprehensive in its coverage, and analyses relevant law in the Commonwealth and each of the States and Territories: the degree to which laws impinging on demonstrations are subject to the implied constitutional freedoms enjoyed by other forms of political communications; laws applicable to riots, unlawful assemblies, and to peaceful demonstrations; the 'public order' offences with which demonstrators are usually charged although, on their face, they have nothing to do with the collective, communicative, or coercive aspects of the demonstration; police powers in relation to demonstrations. Dealing with Demonstrations has...
Graphic Justice
The intersections of law and contemporary culture are vital for comprehending the meaning and significance of law in today’s world. Far from being unsophisticated mass entertainment, comics and graphic fiction both imbue our contemporary culture, and are themselves imbued, with the concerns of law and justice. Accordingly, and spanning a wide variety of approaches and topics from an international array of contributors, Graphic Justice draws comics and graphic fiction into the range of critical resources available to the academic study of law. The first book to do this, Graphic Justice broadens our understanding of law and justice as part of our human world—a world that is inhabited not s...
Mental Capacity
When is a person in a fit state to execute an enduring power of attorney or an advance health directive? The complex mix of legal, medical and ethical issues continue to provide difficult, practical issues for individuals, their professional advisers, their families, and the courts and tribunals. This cross-disciplinary book analyses the law and the medical and psychological perspectives and includes case studies to highlight problems and suggest ways of resolution.Mental Capacity: Provides an overview of the framework of law within Australia. Focuses on the law as it currently stands in relation to assessing mental capacity, including a consideration of the interaction between legal and medical standards. Analyses the importance and difficulties of defining and judging capacity in the medical context. Examines best practice in relation to health based competency assessments. Looks at the role of the neuropsychologist in determining the extent and characteristics of cognitive impairment.
Rhodes Scholars, Oxford, and the Creation of an American Elite
Each year thirty-two seniors at American universities are awarded Rhodes Scholarships, which entitle them to spend two or three years studying at the University of Oxford. The program, founded by the British colonialist and entrepreneur Cecil Rhodes and established in 1903, has become the world's most famous academic scholarship and has brought thousands of young Americans to study in England. Many of these later became national leaders in government, law, education, literature, and other fields. Among them were the politicians J. William Fulbright, Bill Bradley, and Bill Clinton; the public policy analysts Robert Reich and George Stephanopoulos; the writer Robert Penn Warren; the entertaine...
Mutual Wills
Mutual wills are a little known but very convenient route for testators who wish to ensure that their estates devolve as they wish. They give rise to legally binding obligations on the part of the testators: a breach of these obligations is considered an equitable fraud and may be relied upon by a testator, or the intended beneficiaries under the mutual will, when seeking relief.Practitioners need to take particular care when setting up mutual wills or advising on them. It is a subject deep in misconceptions, in particular on the prerequisites for establishing mutual wills. Cassidy's text seeks to dispel the many myths. To this end, each prerequisite to establishing a mutual will is considered in turn and the relevant law examined.
Literature and Law
The fields of literature and law intersect in frequent, and often surprising ways. This clear and concise book offers an introduction to the area, covering the history, key thinkers and ideas as well as detailed and fascinating studies into areas such as evidence and truth, inheritance, sex, vigilantism and justice. Each chapter examines a number of familiar authors and texts including Shakespeare, Brecht, Austen, Dickens, Ishiguro, Beecher-Stowe, Atwood, Miller. The book also opens up the broader study of law as it relates to culture in such areas as film, television, and digital media and how they affect such issues as a right to privacy, copyright and creative reworking, and censorship. M...
Proof of Antitrust Markets in Australia
This book examines the evidence involved in proving the existence of an antitrust market under the Australian Trade Practices Act 1974. An antitrust market is a complex eco-legal concept. Proof of such a market is a critical issue that must be tackled in assessing whether business conduct is anti-competitive for the purposes of the Act. It is an issue that arises in most jurisdictions in which competition legislation exists, including New Zealand, the United States and the European Community. Proof of Antitrust Markets in Australia is the first comprehensive analysis of the evidentiary dimensions of this important issue. It provides significant practical insights for lawyers, economists, jud...
