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/

Postponement of Issue 44(2) Launch

Unfortunately, due to the recent COVID-19 outbreak and associated restrictions, we have made the difficult decision to postpone the launch event for Issue 44(2). This will not impact the publication date of the articles in Issue 44(2), which will still be published online and in print on 29 June 2021.

We are hoping to be able to hold an in-person launch event at HSF Sydney in late July, on a date to be confirmed, and will provide you with further details once we have finalised those plans.

We apologise for any inconvenience that this has caused and we hope to celebrate with you all in person soon.

Issue 44(2) to Launch on 29 June 2021

The University of New South Wales Law Journal is excited to announce the launch of Issue 44(2) on 29 June 2021. Issue 44(2) is a General Issue, which features 12 articles across a range of topics.

The theme of the launch, ‘Reconsidering Australian Intellectual Property Law’ has been inspired by the lead article of Issue 44(2), ‘Trade Mark Law’s Identity Crisis’ by Professor Michael Handler. This two-part article, the second of which is published in Issue 44(2) examines and critiques the developing application of the Federal Court’s recent move away from a strict approach to, and embrace of an expansive test of, substantial identity in Australian trade mark law.

The other articles in Issue 44(2) address a diverse set of legal questions, including the introduction of a common law tort of interference with privacy, mandatory helmet laws in New South Wales and the early release of superannuation to fund assisted reproductive technology. Advance Access versions of the articles can be found here.

We are delighted to welcome the Hon Justice Steven Rares of the Federal Court of Australia to deliver the keynote address. Justice Rares has been a member of the Federal Court since 2006 and is also an additional judge of the Supreme Court of the Australian Capital Territory and a judge of the Supreme Court of Norfolk Island. His Honour is currently the President of the Australasian Institute of Judicial Administration and has also served as Chairman of the Consultative Council of Australian Law Reporting.

The launch will take place at 6:00pm on Tuesday 29 June 2021 at the Sydney offices of our premier sponsor Herbert Smith Freehills.

To register your attendance, please RSVP by 12:00pm on Tuesday 22 June 2021: https://unswlj44-2.eventbrite.com.au/

Call for Submissions to the University of New South Wales Law Journal Issue 45(1)

First 2022 Thematic: ‘Abuse of Power’

The UNSW Law Journal is currently welcoming submissions for the thematic component of Issue 45(1). The topic for this thematic component is ‘Abuse of Power’.

Over the past 12 months, COVID-19 has, justifiably, been the main focus of legal and popular discourse within Australia. However, as we begin to emerge from the pandemic and re-evaluate our legal system, we are increasingly uncovering abuses of power by both private and government bodies. These include sexual assault allegations within Australia’s own Parliament House and findings of sexual harassment within the High Court, wage theft of vulnerable and migrant workers, the stripping of funding to the New South Wales Independent Commission Against Corruption (ICAC), and the increased spotlight on Indigenous deaths in custody.

One of the primary responsibilities of the law is to hold those in power to account, and ensure such power is not misused. The volume and seriousness of recent abuses raises the question of whether the law is sufficiently fulfilling this imperative function. Issue 45(1) aims to answer this question, shedding light on contemporary abuses of power both seen and unseen that impact the lives of everyday Australians. In light of this, the Journal invites contributions that explore how the law both facilitates and responds to abuses of power.

The submission deadline for the thematic Issue 45(1) is 3 September 2021. Publication of Issue 45(1) is set for late March 2022. Any changes to these deadlines will be indicated on the Journal’s website.

Articles for print publication in the Journal 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, available online, and as supplemented by the latest edition of the Journal’sAdditions’.

If you are interested in, or have any queries about, submitting for Issue 45(1), please contact the Journal at law.journal@unsw.edu.au.

Issue 44(1) to Launch on 8 April 2021

The University of New South Wales Law Journal is excited to announce the launch of Volume 44, Issue 44(1), on 8 April 2021. To launch Issue 44(1), we are very pleased to be holding a panel discussion on Issue 44(1)’s key theme, ‘Rights Protection amidst COVID-19’. The panel discussion will feature Mr Edward Santow, the Australian Human Rights Commissioner. Mr Santow was appointed Human Rights Commissioner in August 2016 and is also a Fellow of the Australian Academy of Law, a Visiting Professorial Fellow at the University of New South Wales, and a member of the World Economic Forum’s Global Future Council on Human Rights and the Fourth Industrial Revolution. The panel discussion will also feature three authors from Issue 44(1): Professor Michael Legg, Dr Chris Martin and Dr Sara Dehm.

Issue 44(1) is comprised of seven articles which expand on the Issue’s theme, and six articles which cover an array of independent topics. The thematic articles discuss a breadth of topics in light of COVID-19, including: potential legal challenges to triage decisions in intensive care units; the parallels between the legal regimes governing immigration detention centres and residential aged care facilities as sites of confinement; the capacity and limits of international law to address the twin crises of refugee protection during COVID-19 and future displacement linked to climate-change; the use of remote hearings and Audio-Visual Links by courts during COVID-19; state and territory COVID-19 emergency measures regarding evictions and rent liabilities; the expansion of executive power in times of crisis; and the scope, application, and implications of criminal offences relating to the containment of COVID-19 in Australia. The articles independent of Issue 44(1)’s theme also represent an impressive body of legal scholarship, covering topics such as: the 2018 Australian High Court’s constitutional term in its inter-institutional context; the possibilities and limits of using corporate culture as a regulatory mechanism; the role of social entrapment evidence in self-defence cases involving intimate partner violence; the constitutional validity of using the Australian Defence Force in recent crises; the development and disruption of the notion of ’substantial identity’ and its analogues in Australian trademark law; and lessons for Australia from the UK’s regulation of financial advisers.

The launch will take place on Thursday 8 April 2021 via online live stream from the Journal’s YouTube channel, at 6:30pm. The link will be provided closer to the date.

To register your attendance, please RSVP before 12:00pm, 8 April 2021: https://unswlj44-1.eventbrite.com.au

Issue 43(4) to Launch on 12 November 2020

The University of New South Wales Law Journal is pleased to announce the launch of Issue 43(4) on 12 November 2020. The General Issue will feature 16 articles across a range of legal topics. The launch topic ‘The Alien and the Law’?has been inspired by several articles in the Issue: Ellen Moore examines the differential impact of criminal and migration law upon non-citizens; Gabrielle Wolf explores the historical reticence of the medical establishment in registering foreign doctors in interbellum and wartime Australia; while Chris Draffen and Yee-Fui Ng compare the foreign influence legislative regimes in Australia and the United States and propose a rethink of the current approach such registration schemes.

The other articles in this Issue also canvas a wide range of legal scholarship, including topics such as: the Australian Competition and Consumer Commission’s information gathering powers vis a vis algorithmic collusion; avenues for reform and clarification in mediation confidentiality and privilege; an exploration of the misalignment in international law and Australian constitutional law with regards to expropriation; a study of the securities trading policies of the ASX 100; past, existing and proposed systems for filling casual vacancies in legislative Houses elected by proportional representation; the conundrum of the familial caregiver role in the context of gender equality in the legal workplace; perspectives on the future development of the profession; disciplinary proceedings for sexual misconduct taken against female health practitioners; accountability of not-for-profits in the performance of ‘public’ functions; empirical accounts on coercive powers from investigators of corporate crime; apportionment of proceeds from collective sales of strata property; indigenous fishing rights in coastal New South Wales and the criminal law; and the latest iteration of the long-running High Court statistics on constitutional law.

We are delighted to welcome the Hon Justice David Hammerschlag of the Supreme Court of New South Wales in the Equity Division to deliver the keynote speech. Prior to his appointment to the Court in 2007, Justice Hammerschlag had a diverse and distinguished legal career in South Africa, including as a solicitor and partner at a large commercial firm, and as a military lawyer in the South African Defence Force, before being called to the South African Bar in 1982. Upon moving to Australia in 1986 and requalifying not long after, his Honour maintained a thriving practice at the NSW Bar in not only complex commercial matters, but also as counsel in the Orange Grove inquiry and HIH Royal Commission. Justice Hammerschlag now administers the Commercial, Commercial Arbitration and Technology & Construction Lists of the Supreme Court, and has also sat on the Court of Appeal and Court of Criminal Appeal.

We are also pleased to be welcoming some of the authors of the articles published in the Issue to participate in a ‘Q & A’ session, including Chris Draffen, co-author of ‘Foreign Agent Registration Schemes in Australia and the United States: The Scope, Risks and Limitations of Transparency’; Gabrielle Wolf, author of ‘The Law and Politics of Registering Doctors: Lessons from New South Wales 1937–42’; and The Hon Justice Nicola Pain, co-author of ‘Balancing Competing Interests in the Criminal Justice System: Aboriginal Fishing Rights in Coastal New South Wales’.

The launch will take place on Wednesday 23 September 2020 via online live stream from the Journal’s Youtube channel at 6:30pm. A link will be emailed in advance of the premiere to registered attendees.

To register your attendance, please RSVP before 12:00pm, 12 November 2020 here.

Recruitment for the Editorial Board now open

We are recruiting new General Members for our Editorial Board! If you are a UNSW Law student with a keen eye for detail and a passion for legal academia, we would love to receive your application. No prior editing experience is required.

Successful applicants will commence their term and start editing in February 2021.

Send your applications containing your most recent academic transcript, CV and cover letter detailing relevant skills, experiences and reasons for applying to law.journal@unsw.edu.au. Applications close 5:00pm, Monday 26 October 2020.

For more information, head to our website: www.unswlawjournal.unsw.edu.au/recruitment-to-the-editorial-board/

Call for Submissions to the University of New South Wales Law Journal Issue 44(3)

Second 2021 Thematic: ‘Big Technology and the Law’

The UNSW Law Journal is currently welcoming submissions for Issue 44(3). The Issue will comprise of both a general component and a thematic component, with articles directed to the theme ‘Big Technology and the Law’.

Governments and businesses across Australia, the United States (‘US’) and the European Union are grappling with the complexities of regulating the market power of big technology companies. In Australia, the Australian Competition and Consumer Commission’s Digital Platforms Inquiry, the mandatory news media bargaining code and the Ad Tech Inquiry raise important questions for regulators seeking to reform competition and consumer law in the digital age. The recent ‘big tech’ antitrust hearing and other antitrust developments in the US also highlight the growing significance of data as a source of market power, and an increasing number of organisations are leveraging data as an asset. The challenges of regulating markets in an increasingly digitalised world present topical and significant issues for legal professionals and organisations to consider.

In addition to competition and consumer law, other novel legal issues have arisen as a result of new technological developments, including questions around privacy and data, national security and the importance of addressing disinformation on digital platforms. The thematic component of Issue 44(3) welcomes all submissions considering the intersection between the law and technology, with priority given to articles exploring legal issues relevant to ‘big technology’.

‘Big technology’ has become synonymous with companies such as Amazon, Apple, Facebook and Alphabet. However, ‘big technology’ is not limited to these companies; it may be defined in numerous ways, including through market size and market power or by virtue of its significant impact on our lives. For submissions relating to big technology and the law, the Journal invites authors to formulate their own definition of ‘big technology’.

The full call for submissions can be found here.

The submission deadline for the thematic Issue 44(3) is 19 February 2021, with publication of Issue 44(3) set for late September 2021. Articles must be between 7000 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 44(3), please contact the Journal at law.journal@unsw.edu.au.

Issue 43(3) to Launch on 23 September 2020

The University of New South Wales Law Journal is delighted to announce that the launch of Issue 43(3) will take place on 23 September 2020. The Thematic Issue features 11 articles considering the theme ‘Revitalising Legal Authorities’. To revitalise legal authorities is to introduce new vigour into the capabilities of the law for future practice. Each of the authors has grappled with this theme in an innovative and thought-provoking way, from considering the example of legal reform in respect of reproductive rights through the statutory enactment of abortion safe access zones to arguing that Australian public servants should be afforded more liberty in respect of their freedom of speech, after the judgment in Comcare v Banerji was handed down by the High Court last year. You can find Advance versions of the articles to be published here.

We are delighted to be welcoming the Hon Robert French AC to deliver the keynote address. Mr French served as the Chief Justice of the High Court of Australia from 2008 to 2017. In his legal career which has spanned almost 5 decades, Mr French has also served on the bench of the Federal Court of Australia, the Supreme Court of the ACT and the Supreme Court of Fiji, and held other positions such as President of the National Native Title Tribunal. Mr French has also authored the Foreword to the Issue.

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

The launch will take place on Wednesday 23 September 2020 via online live stream from the Journal’s Youtube channel at 6:30pm. A link will be emailed in advance of the premiere to registered attendees.

To register your attendance, please RSVP before 12:00pm, 23 September 2020 here.