Australian Feminist Judgments Righting and Rewriting Law
Produktdetaljer
Biografisk notat
Heather Douglas is a Professor and Francesca Bartlett is a Senior Lecturer at the TC Beirne School of Law, The University of Queensland.
Trish Luker is a Chancellor's Postdoctoral Research Fellow at the Faculty of Law, University of Technology, Sydney.
Rosemary Hunter is Professor of Law and Socio-Legal Studies at Queen Mary, University of London.
<i>Australian Feminist Judgments </i>is a valuable extension of the emerging feminist judgement-writing genre.
- Heather Roberts, Legal Studies, Vol 35(3)
The book is a fascinating and refreshing approach to judging. It will no doubt find a ready place in Law Schools, but more widely among the judiciary and the practising profession.
- Greg Reinhardt, Journal of Judicial Administration, 2015
<i>Australian Feminist Judgemenst: Righting and Rewriting Law</i> enlivens the reader's imagination about the real transformative potential of feminist legal reasoning.
- KCasey McLoughlin, Alternative Law Journal, 40:2 2015
...a marvellous sweep through all aspects of contemporary Australian judgments...You will never look at a judgment the same way again...
- Jennifer Giles, Workplace Review, 6:32
<i>Australian Feminist Judgments</i><b> </b>ably and engagingly achieves its stated objective...the editors' innovations from the pre-existing models of feminist judgments...ensures that <i>Australian Feminist Judgments </i>provides rich material through which to consider feminist judging's nature, purpose and impact.
- Heather Roberts and Laura Sweeney, Sydney Law Review
The judgments are eloquent, well-reasoned, realistic, and above all, interesting...<i> Australian Feminist Judgments: Righting and Rewriting Law</i> will appeal to a wide audience - particularly judges, academics, legal practitioners, law students and people who are interested in feminism or legal jurisprudence.
- Betheli O'Carroll, Griffith Law Review
<i>Australian Feminist Judgments</i> is academic but accessible, and it is sure to spark many debates on the role of feminist jurisprudence...It reminds us that change within existing legal frameworks is possible.
- Caroline Jones, Portia
1 Introduction: Righting Australian Law
Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter
2 Reflections on Rewriting the Law
Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter
Part I Public Law Constitutional Law
3 Kartinyeri v The Commonwealth [1998] HCA
Commentary: Kathy Bowrey
First Nations Stories, Grandmother’s Law: Too Many Stories to Tell: Irene Watson
4 R v Pearson; Ex parte Sipka [1983] HCA 6
Feminism and the Franchise: Elisa Arcioni
Judgment: Kim Rubenstein
5 Dietrich v R [1992] HCA
Commentary: Margaret Davies
Judgment: Reg Graycar and Jenny Morgan
Tax Law
6 Lodge v Federal Commissioner of Taxation [1972] HCA
Commentary: Ann O’Connell
Judgment: Kerrie Sadiq
Immigration Law
7 Re Minister for Immigration and Multicultural and Indigenous Affairs;Ex parte Applicants S134/2002 [2003] HCA 1
Roqia’s Story: Refugees and Natural Justice in the Court of Public Opinion: Mary Crock
Judgment: Charlotte Steer
8 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs[2003] HCA
Commentary: Wayne Morgan
Judgment: Nan Seuffert
Environmental Law
9 Wildlife Preservation Society of Queensland Proserpine/Whitsunday Branch Inc v Minister for the Environment and Heritage [2006] FCA
Addressing Climate Change Inequities: The Contribution of a Feminist Judgment: Jacqueline Peel
Judgment: Lee Godden
Part II Private Law
Torts
10 Cattanach v Melchior [2003] HCA
The Economic Value of Human Relationships: Cattanach v Melchior Revisited: Isabel Karpin
Judgment: Kylie Burns
Consumer Protection
11 ACCC v Keshow [2005] FCA
Unconscionability, Education and Indigenous Women: Bronwyn Naylor
Judgment: Heron Loban
Equity
12 Louth v Diprose [1992] HCA 61
Give and Take: Unconscionability and the Pervasiveness of Gender Stereotypes: Paula Baron
Judgment: Francesca Bartlett
13 Trustees of the Property of John Daniel Cummins, a Bankrupt v Cummins [2006] HCA 6
Formal Equality and Third Party Interests in the Family Home: Francesca Bartlett
Judgment: Lisa Sarmas
Part III Crime and Evidence
Criminal Law
14 Parker v R [1963] HCA 14
Reconsidering Precedent: Heather Douglas
Judgment: Adrian Howe
15 Taikato v R [1996] HCA 28
A Well-founded Fear? Giving Context to Self-defence: Julie Stubbs
Judgment: Penny Crofts and Isabella Alexander
16 PGA v R [2012] HCA 21
Admitting Legal Wrongs: Ngaire Naffine
Judgment: Wendy Larcombe and Mary Heath
Evidence
17 RPS v R [2000] HCA 3
Commentary: Katherine Biber
Judgment: Helen O’Sullivan
18 Phillips v R [2006] HCA 4
Locating Consent in Similar-Fact Cases: Mehera San Roque
Judgment: Annie Cossins
Sentencing
19 R v Webster [1990] NSWSC 70012/90
Truth in Sentencing: The Narration of Judgment: Kirsty Duncanson
Judgment: Honni van Rijswijk and Lesley Townsley
20 R v Middendorp [2010] VSC 202
Defensive Homicide: JaneMaree Maher
Judgment: Kate Fitz-Gibbon, Danielle Tyson and Jude McCulloch
21 R v Morgan [2010] VSCA 15
Intersectionality and Indigenous Sentencing Courts: Heather Douglas
Judgment: Elena Marchetti and Janet Ransley
Part IV Interpreting Equality
Family Law
22 U v U [2002] HCA 36
Commentary: Rachael Field
Judgment: Jonathan Crowe
23 Goode and Goode [2006] FamCA 1
The Practice of Feminist Judgment in Family Law: Ann Genovese
Judgment: Zoe Rathus and Renata Alexander
Discrimination Law
24 JM v QFG and GK [1998] KCA
Commentary: Paula Gerber
Judgment: Anita Stuhmcke
25 McLeod v Power [2003] FMCA 2
Commentary: Katharine Gelber
Judgment: Jennifer Nielsen
26 The State of New South Wales v Amery [2006] HCA 14
The Indirection of Sex Discrimination: Margaret Thornton
Judgment: Beth Gaze
Treaty Law
27 In the matter of Djappari (Re Tuckiar) [2035] FNCA 1
Commentary: Thalia Anthony
Judgment: Nicole Watson
Produktdetaljer
Biografisk notat
Heather Douglas is a Professor and Francesca Bartlett is a Senior Lecturer at the TC Beirne School of Law, The University of Queensland.
Trish Luker is a Chancellor's Postdoctoral Research Fellow at the Faculty of Law, University of Technology, Sydney.
Rosemary Hunter is Professor of Law and Socio-Legal Studies at Queen Mary, University of London.