Call for Submissions to the University of New South Wales Law Journal Issue 45(3)

Second 2022 Thematic: ‘Law and Economics’

The UNSW Law Journal is currently welcoming submissions for Issue 45(3). The Issue will comprise of both a thematic component and a general component. The topic for the thematic component is ‘Law and Economics’.

Despite being lauded by Professor Bruce Ackerman of the Yale Law School as ‘the most important development in legal scholarship of the twentieth century’,[1] the law and economics movement in Australia has not flourished beyond the traditionally accepted fields of antitrust, corporate, and taxation law. This is regrettable given that the impact of an economic analysis of law extends beyond academia to the practice of law and implementation of public policy. The fact that law and economics provided the intellectual foundations to the deregulation movements in the 1970s and reforms to criminal sentencing in the United States federal courts attests to the significance of this methodological paradigm.

The value an economic analysis offers is to provide a scientific theory that can predict the effects of legal sanctions on behaviour.[2] To achieve this, economists have developed empirically sound methodologies (statistics and econometrics) and mathematically precise theories (price theory and game theory) to provide a  quantitative assessment.[3] Recent advances in behavioural economics and cognitive sciences have also offered a theory as to how people respond to changes in law. Importantly, economics specifies a normative standard for evaluating law and policy: efficiency. Research into fields like nudge theory and search heuristics can provide insights to policymakers about how to encourage and discourage a range of behaviours to achieve economically efficient outcomes. Quantitative reasoning and empirical research are the bread and butter of an economist and tools which lawyers can learn from to enrich their understandings of the behavioural consequences of the law. Issue 45(3) thus aims to enliven discussions in the Australian legal landscape about the value of law and economics.

The submission deadline for the thematic Issue 45(3) is 4 February 2022, with publication of Issue 45(3) set for late September 2022. Articles must be between 7,000 and 13,000 words in length (excluding footnotes). The style guide for the Journal is the current edition of the Australian Guide to Legal Citation, as supplemented by the latest edition of the Journal’s ‘Additions’. Please visit our submissions page here for further submissions guidelines and to submit.

If you have any queries about submitting for Issue 45(3), please contact the Journal at law.journal@unsw.edu.au.

 

[1] Thomas Ulen and Robert Cooter, Law and Economics (Addison-Wesley, 3rd ed, 2000) 2.

[2] Ibid 3.

[3] Ibid.

Issue 44(3) to Launch on 28 October 2021

The University of New South Wales is excited to announce the launch of Issue 44(3) on 28 October 2021.

We are delighted to welcome Mr Rod Sims, the Chair of the Australian Competition & Consumer Commission (ACCC), to deliver the keynote address on Issue 44(3)’s thematic topic, ‘Big Technology and the Law’. Mr Sims is the longest serving Chair of the ACCC and is the Vice Chair Digital Co-ordination and Asia-Pacific Liaison of the International Competition Network. Prior to his appointment to the ACCC, he was the Chairman of the Independent Pricing and Regulatory Tribunal of New South Wales (IPART), Commissioner on the National Competition Council, Chairman of InfraCo Asia, and a member of the Research and Policy Council of the Committee for Economic Development of Australia.

We are also pleased to be welcoming some of the authors of the articles published in Issue 44(3) to participate in a ‘Q&A’ session.

Issue 44(3) is comprised of six articles which expand on the Issue’s theme, ‘Big Technology and the Law’, and six articles which cover an array of independent topics. The thematic articles explore a diverse range of issues related to the regulation of digital platforms and technology in commercial and political contexts, including: the inadequacy of existing merger law in addressing nascent digital competition concerns; the protection of children’s best interests in the context of adtech; disseminative competition as a key functional dimension of copyright markets; the capacity of the United Nations Convention on Contracts for the International Sale of Goods to regulate international trade in non-software data; the regulation of contemporary digital politics; and the challenges of and potential reforms for regulating disinformation and deepfakes. All twelve articles and Mr Sims’ foreword can be found here.

The launch will take place on 28 October 2021 via online live stream from the Journal’s Youtube channel, at 6:30pm. A link will be emailed to registered attendees closer to the date.

To register your attendance, please RSVP by 12:00pm on Wednesday 27 October 2021: https://unswlj44-3.eventbrite.com.au/