'Failed Sociologists' in the Market Place: Law Schools in Australia

This paper traces the stunted evolution of Australian law faculties from 'trade schools' to liberal law schools. Higher education funding cuts and increased accountability to a government that is throwing the universities onto the competition of the market now combine with the traditional influence of a conservative profession to put Australian law schools in a precarious position. We argue that Australian law schools should transform themselves by embracing the contradictory position they inhabit, and using it to develop a broader concept of the legal knowledge they pass on and the legal practice for which they prepare their students.     

Law Enforcement Officers in Schools: An Analysis of Ethical Issues

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services (COPS) Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools.     

IT and Law,and Law Schools

If 'computing and law' as a discipline is to push forward and develop, it will do so best within the context of the law school rather than as a joint enterprise between law and other disciplines. It is in the law school that the understanding of the nature of law is at its height. Yet there are problems here-law schools have a strained relationship with technology and their concept of the breadth of 'legal scholarship' can be limited by conventional (or ideologically-biased) views of law and an undergraduate-oriented view of the law school's purpose. There are also problems arising from the nature of communications between lawyers and computer scientists. In this article, I highlight these problems and also argue for a more developed and extended view of legal scholarship which will be able to incorporate study and research of the impact of the computer upon legal society as well as the legal control of the unwanted elements arising from these new technologies. Most writings on IT and the law school concentrate upon its use as an educational tool. My interest here is not so much in this side of things, but in the research culture of the law school. Whilst there is sometimes a view that the linkage of law school and IT is purely related to the use of technology in legal education, the remit is wider and includes the understanding of the link between substantive law and the context of the new computerized world and also the impact of the computer in the practice of law. This latter aspect is becoming increasingly important with the Woolf reforms and computerization of the procedural elements of law, but also in substantive law: for example, administrative systems are becoming more and more mediated by technology, and administrative law must be reviewed and re-worked in this context.     

Human Rights Law: Australia and Slovenia

The human rights legal framework of Australia and Slovenia are vastly different. This article explores the evolution of human rights laws of Slovenia and Australia. While the study and comparison of Australia and Slovenia is uncommon, and not often used as an example to highlight aspects of human rights, both states have a long history of cooperation. The first Slovenian reportedly arrived in Australian in 1855. Since then, and particularly following World War Two, there has been a steady stream of Slovenian’s migrating to Australia. Slovenia upon independence prepared a new constitution that reflected the democratic human rights of the European Union, in 1991, and ratified the European Convention on Human rights in 1994. This article highlights how the opportunity Slovenia had to develop a new constitution, they were able to include many human rights that are often found in legislation. Australia’s constitution came into effect in 1901. Being more than 100 years old, there has been no attempts to revise the Australian constitution and expand the current express human rights. This article will determine whether the European Union’s human rights laws have not only influenced Slovenia’s human rights laws, but also Australia’s. This article suggests that Australia has much to learn from the Slovene experience, but is constrained by its constitution and region. This article highlights how a state formed in recent times, has had the opportunity to develop a constitution that reflects modern day human rights while an older state with longer established democracy has fallen behind in its protection of human rights.     

Law Schools and Paper Jams

The intranet as a tool for institutional integration has the potential to change Universities and their structures. The means to not only think the unthinkable but actually do it. The Intranet College Information System (ICIS) project at the Law School, Queen's University of Belfast, has demonstrated this to be both possible and acceptable to staff and to students. Technological innovation can be done within a non-technical environment, it can be achieved on a low budget and it can stimulate a new culture, above all it can and should happen now.     

Law,state and economy: A Canadian overview

Within the last two decades increasing attention, both public and academic, has been directed towards the relationship between law and social change in Canadian society. A body of literature has emerged, including texts, articles and a journal, which focus upon relationships between law and society, institutionalized law reform commissions, and socio-legal centres. Theoretically the work has gone from an early focus upon consensus, order related assumptions to more recent critical studies in political economy. In order to appreciate the complex and contradictory nature of law and social institutions, a dialectical approach seems appropriate. This allows one to incorporate relevant research and insights from other theoretical perspectives, while providing a comprehensive, structural sense of legal activity and change within a social context. Of particular significance is the appreciation of human action and struggle, praxis, within changing structural and historical conditions.     

Thinking About Law Schools: Rutland Reviewed

Thinking about law schools as institutions requires tools of analysis andthe questioning of some common assumptions. This paper applies some of the general ideas in the recent report on Legal Education in Xanaduto the Faculty of Law at the University of Rutland, with particular reference to institutional goals and functions, clientele, league tables, and who counts as a 'law student'.     

Anti-SLAPP Law Reform in Australia

The last 20 years has seen a growth in litigation against public participation in Australia and a broadening of the mechanisms used. Following changes to the defamation laws in 2005, commercial torts are increasingly being used against critics and protest groups. Australia's highest profile example, the so-called 'Gunns 20' case, brought the problems of such litigation into the public realm and provided a major impetus for law reform. One Australian jurisdiction has now adopted limited anti-Strategic Litigation Against Public Participation (SLAPP) legislation and SLAPPs are being raised in the context of national debates over a Human Rights Act. However, comprehensive anti-SLAPP law reform is still some way off.     

Regulatory Threats to the Law Degree: The Solicitors Qualifying Examination and the Purpose of Law Schools

Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt.

     

Female criminality: An overview

This article provides a broad overview of female crime and female offenders in the criminal justice system with a particular focus on the United States. The specific topics covered include the following: the age‐gender‐crime relationship, the types of crime committed by women, women and violent crime, the gender factor in the criminal and juvenile justice systems, and women in corrections. The article also includes the following: recommendations for improving comparative research and analysis in the study of female crime, a listing of important research topics in the comparative study of female crime, a discussion of the value of middle range theory in the study of female crime.     

Ranking the Law Schools: The Reality of Illusion?

This article examines the problems inherent in any endeavor to rank law schools on a qualitative basis. Analysis of possible ranking criteria forces the conclusion that attempting to assign specific rankings based on objective criteria is a futile task. However, objective tests are suggested which indicate, on application to available data, that about 40 of the approximately 165 ABA-AALS-accredited law schools are of superior quality and differ among themselves only as to an image of prestige.     

Party Autonomy in the Choice of Law: Some Insights from Australia

Liverpool Law Review - The party autonomy doctrine represents a very central component of international commerce. According to this doctrine, the parties to an international contract have the...     

Law of assisted reproductive surrogacy in Malaysia: a critical overview

Both traditional and gestational surrogacy are now entering the public mind as a major public policy issue, because of concern for apparent truncation of the surrogate mother’s rights. This article sets out to investigate some key relevant rights, the policy issues as yet unresolved, and the character of the current regulatory regime. Modern medicine, specifically assisted reproductive technology, has made legislation obsolete in many jurisdictions around the world, including in Malaysia. These new medical practices present many significant legal problems, with which the courts and legislators still struggle. A proposed statute, the Assisted Reproductive Technique Services Act, aimed at regulating reproductive technologies, including surrogacy arrangements, will be introduced in the Malaysian parliament soon. The proposed Malaysian Act will address issues such as surrogacy, sperm or egg banking, and sperm donation. Malaysia is moving cautiously towards regulation on this issue and is trying to avoid becoming a ‘rent-a-womb country’. Thus, this article asks the question as to what policy considerations are in place, in the current Malaysian regulatory regime, to care for the rights of the surrogate mother? It will try to show that there is still a danger that Malaysia could become a ‘rent-a-womb country’, with its necessary implications of property rights over surrogate mothers. The article employs section-by-section synthesis to reach its conclusions. Argument will suggest that the current state of the law in Malaysia, as to both traditional and gestational surrogacy, seems to be that the regulatory regime is a combination of the general law, private ordering, registration and enforceable professional ethics. However, there is no Malaysian statutory law in place, in the contemporary social context, expressly prohibiting a term in a surrogacy contract that might imply property rights over the surrogate mother. This is a serious apparent lacuna in the law, and might suggest that the laws of transnational crime be considered, as an alternative, as applicable to the surrogacy agreement.     

Criminal victimization of the elderly: An overview

This paper reviews existing literature and examines three questions : a) the nature and extent of criminal victimization of the elderly, b) the impact of crime on the lives of the elderly, and c) suggested crime prevention measures. One finds that contrary to popular opinion the elderly are less frequently criminally victimized than persons in younger age groups. The 1966 NORC survey, 1972 Denver Victimization Survey, and the 1973 LEAA Survey, all show that the elderly in comparison to younger age groups are victimized less frequently for most personal crimes. However, there is variability in regard to who among the elderly are more likely to be victimized. In profile the elderly at highest “risk” are single females who are socially isolated, have physical or mental impairments, incomes below $3000 per year, and live in or near high crime areas. Despite the fact that the elderly are less frequently victimized than others their “fear of crime” is greater, and has been increasing since 1965, than other age groups. Many factors are important in fueling their fear. Some of the more important concerns are the elderly’s physical and emotional vulnerability, especially in high crime areas, and their isolation (both socially and self-imposed) from others within a community. There are, however, efforts being made to further protect the elderly against crimes and to reduce their fear. Several examples of existing programs established in an effort to ameliorate the problems are specified. Also, suggestions, based on research findings, are made which could further deter crimes against the elderly and lessen the insidious fear of crime that exists.