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Index Prelims.Fm THE SYDNEY LAW REVIEW Vo lu m e 3 0 2008 FACULTY OF LAW UNIVERSITY OF SYDNEY ii SYDNEY LAW REVIEW [VOLUME 30 THE SYDNEY LAW REVIEW PUBLISHED ANNUALLY BY THE FACULTY OF LAW OF THE UNIVERSITY OF SYDNEY Correspondence and contributions should be addressed to: The Editor University of Sydney Law School, Building F10, Eastern Avenue, University of Sydney, NSW, 2006, Australia Tel: (02) 9351 2222 Fax: (02) 9351 0200 Inquiries regarding subscriptions should be addressed: From North America, to: Wm Gaunt & Sons, Inc, 3011 Gulf Drive, Holmes Beach, Florida, USA 33510 From other places to: Thomson Reuters (Head Office) 100 Harris Street, Pyrmont, NSW Australia 2009 (Mail Orders) Tel (02) 8587 7000 Fax: (02) 8587 7100 CURRENT SUBSCRIPTION RATE IN AUSTRALIA: $203.85 PER VOLUME 2008] iii THE SYDNEY LAW REVIEW Published under the auspices of the Faculty of Law of the University of Sydney 2008 EDITORIAL BOARD (2008) David Rolph (Editor) Jamie Glister Patricia Loughlan Tim Stephens Anne Twomey Kevin Walton Coordinator: Joanna Howse STUDENT EDITORIAL COMMITTEE (2008) Susan Cirillo Lorin Blumenthal Dora Chan James Cokayne Tommy Chen David Collits Matthew Costa Robynne Croft Anna Garsia Clare Gardoll William Kim Brad Hatch Alice Lam Nikolas Kirby Christopher May Ajenta Vijayanayagam Jin Qian James Robertson Ben Wahlhaus iv SYDNEY LAW REVIEW [VOLUME 30 EDITORIAL BOARD (2009) David Rolph (Editor) Irene Baghoomians Peter Gerangelos Shae McCrystal Jacqueline Mowbray Joellen Riley Kristin Savell Coordinator: Caroline Falshaw, Joanna Howse STUDENT EDITORIAL COMMITTEE (2009) Christopher Angelos Tanvir Ahmed Heather Choi Monica Christopher Alexandra Eggerking Christopher Croke Daniel Ghezelbash Sophia Gerakios Irina Kolodizner Angela Ha Amy Knox Ming-Yee Ma Patrick Lewis Ryan May Naomi Oreb Andrew McLeod Tristan Robinson Amanda Ngo Alice Yan Georgos Papanastasiou Katherine Waterford TITLE INDEX TO LEADING ARTICLES An Uncommon Court: How the High Court of Australia has Undermined Australian Federalism, James Allan and Nicholas Aroney ......................... 245 Appointing Australian Judges: A New Model, Simon Evans and John Williams ....................................................................................... 295 Australian Regulation of Economic Dismissals: Before, During and After ‘Work Choices’, Anthony Forsyth .......................................................................... 506 Consitutional Issues Regarding Same-Sex Marriage: A Comparative Survey — North America and Australasia, Geoffrey Lindell ......................................... 27 Directors’ Liability for Unpaid Employee Entitlements — Suggestions for Reform Based on their Liabilities for Unremitted Taxes, Helen Anderson ........................................................................................... 470 Enforcement of Non-Monetary Foreign Judgments in Australia, Kim Pham .................................................................................................... 663 Global Competition: Searching for a Rational Basis for Global Competition Rules, Brendan J Sweeney ........................................................................... 209 Government Procurement Following the Australia-US Free Trade Agreement — Is Australia Complying with its Obligations to Provide Remedies to Unsuccessful Tenderers?, Anthony E Cassimatis ........................................ 412 Judicial Supression: The Controversial Establishment of the New South Wales Court of Appeal, Michael Kirby .................................................................. 177 Preserving Due Process or Warehousing the Undesirables: To What End the Separation of Judicial Power of the Commonwealth?, Patrick Keyzer ....... 101 Problematic and Unnecessary? Issues with the Use of the Theft Offence to Protect Intangible Property, Alex Steel ..................................................................... 575 Pushing the Boundaries: Realising Rights Through Mental Health Tribunal Processes?, Terry Carney, David Tait and Fleur Beaupert ......................... 329 Sentencing Law and the ‘Emotional Catharsis’ of Victim’s Rights in NSW Homicide Cases, Tyrone Kirchengast ......................................................... 615 Some Observations on the Common Law and the Constitution, Pamela Tate ................................................................................................. 121 Still Call Australia Home: The Constitution and the Citizen’s Right of Abode, Helen Irving ................................................................................................. 133 The Applicability of Property Law in New Contexts: From Cells to Cyberspace, Lyria Bennett Moses .................................................................................... 639 vi SYDNEY LAW REVIEW VOLUME 30 The Constitutional Jurisprudence of the High Court: 1989–2004, Michael McHugh ........................................................................................... 5 The Criminal Law’s Response to Domestic Violence: What’s Going On?, Heather Douglas ........................................................................................ 439 The Separation of Powers and Legislative Interference in Pending Cases, Peter Gerangelos .......................................................................................... 61 Understanding Legal Pluralism: Past to Present, Local to Global, Brian Z Tamanaha ...................................................................................... 375 AUTHOR INDEX TO LEADING ARTICLES James Allan and Nicholas Aroney, An Uncommon Court: How the High Court of Australia has Undermined Australian Federalism ..................................... 245 Helen Anderson, Directors’ Liability for Unpaid Employee Entitlements — Suggestions for Reform Based on their Liabilities for Unremitted Taxes ............................................................................................................470 Lyria Bennett Moses, The Applicability of Property Law in New Contexts: From Cells to Cyberspace .................................................................................... 639 Terry Carney, David Tait and Fleur Beaupert, Pushing the Boundaries: Realising Rights Through Mental Health Tribunal Processes? ...................................329 Anthony E Cassimatis, Government Procurement Following the Australia-US Free Trade Agreement — Is Australia Complying with its Obligations to Provide Remedies to Unsuccessful Tenderers? ...........................................412 Heather Douglas, The Criminal Law’s Response to Domestic Violence: What’s Going On? ....................................................................................................439 Simon Evans and John Williams, Appointing Australian Judges: A New Model ...........................................................................................................295 Anthony Forsyth, Australian Regulation of Economic Dismissals: Before, During and After ‘Work Choices’ ............................................................................506 Peter Gerangelos, The Separation of Powers and Legislative Interference in Pending Cases ................................................................................................ 61 Helen Irving, Still Call Australia Home: The Constitution and the Citizen’s Right of Abode .......................................................................................................133 Patrick Keyzer, Preserving Due Process or Warehousing the Undesirables: To What End the Separation of Judicial Power of the Commonwealth? ...........101 Michael Kirby, Judicial Supression: The Controversial Establishment of the New South Wales Court of Appeal ..............................................................177 Tyrone Kirchengast, Sentencing Law and the ‘Emotional Catharsis’ of Victim’s Rights in NSW Homicide Cases ..................................................................615 Geoffrey Lindell, Consitutional Issues Regarding Same-Sex Marriage: A Comparative Survey — North America and Australasia ...............................27 Michael McHugh, The Constitutional Jurisprudence of the High Court: 1989–2004 ........................................................................................................5 Kim Pham, Enforcement of Non-Monetary Foreign Judgments in Australia ...................................................................................................... 663 Alex Steel, Problematic and Unnecessary? Issues with the Use of the Theft Offence to Protect Intangible Property ........................................................ 575 viii SYDNEY LAW REVIEW VOLUME 30 Brendan J Sweeney, Global Competition: Searching for a Rational Basis for Global Competition Rules ......................................................................... 209 Brian Z Tamanaha, Understanding Legal Pluralism: Past to Present, Local to Global ......................................................................................... 375 Pamela Tate, Some Observations on the Common Law and the Constitution ............................................................................................... 121 TITLE INDEX TO CASE NOTES AND COMMENTS A Torturer’s Manifesto? Impunity Through Immunity in Jones v The Kingdom of Saudi Arabia, Pietro Di Ciaccio ................................................................. 551 Comment on Peter Gerangelos, ‘Legislative Intervention in Pending Cases’, Anthony Mason ............................................................................................
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