Stewart, Pamela; Stuhmcke, Anita Judicial analytics is the use of data to monitor, understand and predict judicial behaviour. This is a global phenomenon and a cause for both celebration and concern. Given the unique role of courts and the potential for judicial analytics to undermine the rule of law, there is a need to review…
Month: July 2020
Volume 45 Issue 2 – Transitional justice for women: Acknowledge the past, fix the present, prevent repetitions in the future
Villarino, Jose-Miguel Bello y Ramona Vijeyarasa recently published in this journal an article advocating for the law in general, and legislation in particular, to be gender responsive. She argued that to redress gender inequality, the law must address the different needs and position of women. Here I propose a bigger scope for the intervention needed…
Volume 45 Issue 2 – Three suggested amendments to Australia’s defamation laws
Gray, Anthony The Council of Attorneys-General is currently reviewing Australia’s existing uniform defamation laws. This article suggests three significant reforms that would improve the existing law. Article source: https://search.informit.com.au/documentSummary;dn=247315446136541;res=IELHSS
Volume 45 Issue 2 – Equity fines for corporate crime: Why they should be back on the legislative agenda
Schofield-Georgeson, Eugene Corporate crime causes significant social and environmental harm and its sentencing is frequently ineffective due to the ability of corporations to pass-on monetary fines to stakeholders such as workers and consumers. This article investigates the notion of equity fines or share dilution as an alternative corporate punishment that avoids the pitfalls of conventional…
Volume 45 Issue 2 – Testing the boundaries of the consideration doctrine: Can you contract to buy and sell a ghost?
Giancaspro, Mark This article considers whether contracts to purchase ‘haunted’ objects are legally enforceable under Australian contract law. ‘Dybbuk boxes’, and related paraphernalia said to be possessed by spirits, are becoming increasingly popular on online shopping sites and as tourist attractions following recent high-profile incidents involving celebrities such as American rapper and record producer Post…
Zepinic v Health Care Complaints Commission [2020] NSWCA 146 (15 July 2020) (Macfarlan JA; McCallum JA)
Catchwords: HEALTH – health practitioner – refusal to order reinstatement of applicant as a psychologist – Health Practitioner Regulation National Law s 163B – whether NCAT could take into account applicant’s spent convictions – Criminal Records Act ss 12, 16(1) Article source: https://jade.io/viewArticle.html?aid=756132&pid=-1&h=2112998234
CPMI report identifies steps to enhance cross-border payments
CPMI Press release "CPMI report identifies steps to enhance cross-border payments", 13 July 2020. Article source: https://www.bis.org/press/p200713.htm
FSB and Basel Committee set out supervisory recommendations for benchmark transition
Press Release – FSB and Basel Committee set out supervisory recommendations for benchmark transition, 9 July 2020. Article source: https://www.bis.org/press/p200709.htm
Basel Committee publishes final revisions to the credit valuation adjustment risk framework
Press Release – Basel Committee publishes final revisions to the credit valuation adjustment risk framework, 8 July 2020. Article source: https://www.bis.org/press/p200708.htm
The Giant Shadow of Corporate Gadflies
The Giant Shadow of Corporate Gadflies, by Yaron Nili and Kobi Kastiel, (download at SSRN) is one of the more objective reviews of the recent influence of “gadflies” on corporate governance in America. It might have been even better if the authors had discussed their work with the subjects of their study – the gadflies. (Disclosure:…