New Book Releases from Law Staff

Professor Arie Freiberg & Dr Karen Gelb

Penal Populism, Sentencing Councils and Sentencing Policy

With particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries, this book brings together the theoretical perspectives on the role of the public in the development of sentencing policy.

Freiberg and Gelb expand and develop the existing literature that looks at public attitudes to justice and the role that the “public” can play in influencing policy. It asks the critical questions: even if “public opinion”, or preferably, “public judgment” can be ascertained in relation to a particular sentencing issue, should it be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

For the first time, descriptions and analyses of new and proposed sentencing advisory bodies in Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa are outlined and provided. Further, it adds to the knowledge in the field of public opinion by presenting practical examples of ways in which the public has a role in sentencing – illustrating the implementation of recommendations that have been made in existing research over the past few years. These recommendations have focussed on ways to improve public knowledge about the criminal justice system in order to counter political platforms and public outcries that are based on misinformation and misconceptions about the criminal justice system and in particular, about the nature of current sentencing practice.

The book is structured in two parts. Part 1 deals with general matters relating to public opinion: our knowledge of what it is or purports to be, and how that influences or shapes sentencing policy. Part 2 deals with the development, and nature of, sentencing councils and their roles vis a vis the public, government and courts.

Available through The Federation Press

The Federation Press offers all lecturers a discount of 25% off the recommended retail price (rrp) on all of our books. To receive the discount, please mention when placing your order that you are a lecturer and provide your departmental address and contact details for verification. For online orders, this can be done in the comments field of the order form.

Dr Gideon Boas

The Milošević Trial

Lessons for the Conduct of Complex International Criminal Proceedings

When Slobodan Milošević died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milošević case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally.

This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

Available through Cambridge University Press, Australia

Dr Matthew Groves & Professor H P Lee

- Australian Administrative Law
Fundamentals, Principles and Doctrines

The growth of administrative law in Australia has continued in unabated form since the introduction of innovative reforms in the mid-1970s. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. Australian Administrative Law: Fundamentals, Principles and Doctrines seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles.

In this book, a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.

Available through Cambridge University Press, Australia

Associate Professor Adrian Evans

- Inside Lawyers' Ethics

‘Inside Lawyers' Ethics' is designed to help law students and new lawyers understand and modify their own ethical priorities and exposes the values that underlie current practice and set out the alternatives ethical lawyers might follow.

Amid the recent problems with tobacco litigation and corporate restructures, some special commissioners have commented that professionals in general, and lawyers in particular, do not seem to have a clear idea of their responsibilities when challenged with ethically demanding decisions. Associate Professor Adrian Evans, together with Dr Christine Parker (University of Melbourne), explains that this text provides a scheme or decision-making framework, expressed in positive terms, for lawyers to use when they need to balance community interests with their own or clients' interests.

The majority of case studies of ethical scandals and dilemmas throughout the text are from real life legal practice in Australia and highlight the challenges discussed.

Available through Cambridge University Press, Australia

Dr Greg Taylor

- Constitution of Victoria

The Victorian Constitution has recently undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.

Dr Greg Taylor's text is the first book dedicated to the Victorian State Constitution to be published since 1897.

Dr Taylor traces the history of the State of Victoria from a Victorian perspective and this text provides an important vehicle in educating the community about the Victorian constitution and enables the student of Victorian government to understand the workings of government at all important levels. It analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes.

It explains the structure of government in Victoria and its workings and practice, and provides important information and analysis about the office of Lieutenant Governor and Chief Justice.

Available through The Federation Press

Associate Professor Stephen Barkoczy

- Government Venture Capital Incentives: A Multi‑jurisdiction Comparative Analysis

This book is a unique international comparative study of venture capital tax expenditure programs and related government spending and investment programs designed to support the growth of small and medium‑sized enterprises. The study focuses on schemes that operate in Australia and compares these schemes with those in other nations.

With creative new schemes being implemented all the time, Associate Professor Stephen Barkoczy and Professor Daniel Sandler show that venture capital programs “are continually evolving around the world, with creative new schemes being implemented all the time". They analyse the structures of those schemes and where they may succeed or fail and how Australia can benefit from the world's best practice.

Available through Australian Tax Research Foundation

Dr Renata Alexander

- Child Abuse and Family Law

Dr Renata Alexander (Faculty of Law) and Professor Thea Brown (Faculty of Medicine, Nursing and Health Sciences) discovered that professionals working with separated and divorced families require better understanding of the nature of abuse that impact children of these families. In response they have developed a much‑needed practice framework for professionals in the family law system.

‘Child Abuse and Family Law - Understanding the issues facing human service and legal professionals' uses case studies to outline strategies for family lawyers, child legal representatives, social workers, child protection workers, psychologists, psychiatrists, health workers and teachers.

The authors draw on research to identify the causes, features and impact of child abuse in parental separation and divorce. They bring their many years of experience in social work and Family Court issues together to produce a text that should be essential reading for those dealing in child protection systems.

Available through Allen & Unwin

Jeff Goldsworthy

- Interpreting Constitutions: A Comparative Study

Available through Oxford University Press, Oxford

- Protecting Rights Without a Bill of Rights

Available through Ashgate, Aldershot

Azadeh Dastyari

- Future Seekers II: Refugees and Irregular Migration in Australia

Available through The Federation Press

Ian Freckelton

- Death Investigation and the Coroner's Inquest

Available through Oxford University Press

Greg Taylor

- Characterisation in Federations: Six Countries Compared

Available through Springer, Germany

Stephen Barkoczy

- Core Tax Legislation & Study Guide 2007 - 10th Edition

Available through CCH Australia Limited

- Australian Taxation Law, 17th Edition