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TABLE of CONTENTS a Delaide L A A A TABLETABLE OFOF CONTENTSCONTENTS delaide delaide delaide Editorial Note i TDISTINGUISHEDTHHEE 2 2001111 J JOOHHNN B BRRA LECTURESAYY O ORRAATTIIOONN L L L aw aw aw DMarkDaavvidid I LeemingIrrvviinene JudicialFFrreeeeddomom Review a anndd S Seec cofuurr iVice-Regaltityy: :M Maaiinnttaaiinn iDecisions:inngg T Thehe B Baal alSouthannccee 229955 Australia v O’Shea, its Precursors and its Progeny 1 R R R AARRTTIICCLLEESS John V Orth The Strange Career of the Common Law in eview eview eview THETHE UNIVERSITYUNIVERSITY OFOF ADELAIDEADELAIDE JJaammeess A Allalann a anndd NorthTTiimeme a Carolinaanndd C Chhaannc c ee a anndd t thehe P Prreevvaaiilliinngg O Orrtthhooddooxxyy i inn 23 ADELAIDEADELAIDE LAWLAW REVIEWREVIEW AFORENSICAnntthhoonnyy S Seennaan nSCIENCEaayyaakkee SPECIALLLeeggaal lA Accaadde eCOLLECTIONmmiaia H Haappppeenneetthh t too T Thheemm A Alll — — A A S Sttuuddyy ASSOCIATIONASSOCIATION ooff t thehe T Toopp L Laaww J Joouurrnnaallss o off A Auussttrraalliaia a anndd N Neeww Ze Zeaalalanndd 330077 2015 2015 2015 Gary Edmond What Lawyers Should Know About the Forensic ‘Sciences’ 33 LLaauurreennttiaia Mc McKKeessssaarr TThhrreeee C Coonnssttitituuttioionnaal lT Thheemmeess i inn t thhee H Higighh C Coouurrt t J D Heydon Evidenceooff A Auussttrraa loflia:ia: Forensic1 1 S Seepptteemm bScientificbeerr 2 2000088––11 99 J OpinionJuunene 2 20101 0and0 the 334477 Rules for Admissibility 101 TKeelahThhaannuujaja RE Ro oGddr rWilliamsigigoo WhyUUnncco oDon’tnnssccioion natheabblel eGatekeepers D Deemmaannddss U Unn dGuarddeerr O Onn- -DtheDeem mGates?aandnd G Gu uaarraanntteeeess: : and Michael J Saks CommentsAA C Caassee o off W WPromptedrroonnggffuul lE E xbyxpplol oEdmondititaattionion 109336611 The Honourable Ian The Perils of Law Office Science: A Partial ADELAIDEADELAIDE NBinnieNicicoolala M MandccGGa Vanessaarrrritityy, , ResponseSSuunnsseet tC Cl altoauus seProfessoress i inn A Auussttr raGaryalliaiann A AEdmondnntti-iT-Teerrrror or L Laawsws 125339999 RPark-ThompsonRisishhi iG Guulalatti ia andnd GStephenGeeoorrggee W W Odgersiillliaiammss What Lawyers Should Do About Forensic LLAAWW REVIEWREVIEW Science Evidence 147 MAndrewMaattthheeww G LigertwoodGrroovveess WhatTThhee H HLawyersaarrddiimmaann R ShouldRuulele and Can Do Now That 442277 They Know About the Forensic Sciences 153 IGaryIaann M Mu Edmondurrrraayy AgainstTTrraavveel lt toOracularo I Innvvigigoorraa tPronouncement:tee t thehe M Miinndd a andnd t thh eAe W W Replyaallelet:t : to Heydon 173 DDoo t thehe I Innteterrnnaattioionnaal lT Taaxx R Ruuleless A Apppprroopprriaiatteelyly ARTICLES EEnnccoouurraaggee U Unnititeedd S Sttaatteess––AAuussttrraalliaiann A Accaaddeemmicic V Visisititss?? 445555 G E Dal Pont 1984–2014: The Life of the (Non-constructive) GGeeooffffrreeyy L Liinnddeell l TrustIInn D De einffeen ntheccee oHighoff T Thehe CourtH Higighh C C oouurrt t— — I Ittss R Roolele a ass a ann 179 Sue Milne TheAAgge eSecondnnt to off C Coo nornsst tiSubsequenttituuttioionnaal lC Chhaa nCriminalnggee Appeal, the 550055 Prerogative of Mercy and the Judicial Inquiry: JJooyyccee C Chhi ia andnd TheDDooi inContinuingngg B Buussiinneessss t Advancetoo d doo G Gooood dof: : Post-conviction Review 211 MGeorgeMiirraannddaa WilliamsS Stteewwaarrt t and The Racial Discrimination Act and Inconsistency 553377 Daniel Reynolds Under the Australian Constitution 241 CCAASSEE N NOOTTEESS CASE NOTE RRicichhaarrdd S Slelettvvooldld PPGGAA V V T Thhee Q Quueeeenn:: D Doo L Laawsws J Juusst tD Disisaappppeeaarr?? 557733 Emily Carr R v Keogh [No 2] (2014) 121 SASR 307 257 BBOOKBOOOOKK R RREVIEWSEEVVIIEEWW PPaulPeeteterr B BabieBuurrddonon Law,PPrroopp eReligion,errttyy R Rigighht tsConstitution:s a anndd S Suussttaaiinnaab bFreedomiillitityy: :T Thhee E ofEvv oReligion,oluluttionion Equal Treatment, and the Law Edited by W Cole V V V ooff P Prrooppeerrttyy R Rigighhttss t too M Meeeet tE Eccoolologgicicaal lC Chhaallelennggeess 558811 Durham Jr, Silvio Ferrari, Cristiana Cianitto and ol ol ol SSUUBBMMIISSSSIIOONN O OFF MA MANNUUDonluSSCCRRII PThayerPTTSS 267558866 36 36 36 Paul Babie Freedom of Conscience and Religion Edited by VOLUMEVOLUME 3636 NUMBERNUMBER 11 Richard Moon 273 N N N AdelaideAdelaide Law Law Review Review Association Association o o o AdelaideAdelaide Law Law School School TheThe University University of of Adelaide Adelaide 1 1 1 AdelaideAdelaide SASA 50055005 AUSTRALIAAUSTRALIA ALR_36(1)_COVER.indd 1 14/09/15 8:48 AM S U N B C E RUCE LUM THE UNIVERSITY OF ADELAIDE ADELAIDE LAW REVIEW ASSOCIATION ALR_36(1)_Prelims.indd 1 14/09/15 8:50 AM ADVISORY BOARD ADELAIDE LAW REVIEW Emeritus Professor W R Cornish Editors Emeritus Herchel Smith Professor of Intellectual Property Law Matthew Stubbs Adam Webster University of Cambridge United Kingdom Book Review Editor Adam Webster Professor J R Crawford Whewell Professor of International Law Senior Student Editors University of Cambridge Samantha Graham Jerome Squires United Kingdom Emeritus Professor M J Detmold Student Editors Adelaide Law School Emily Carr Irene Nikoloudakis The University of Adelaide Isabella Dunning Joshua Pascale South Australia Ashleigh Jones Igor Popov The Hon Professor J J Doyle Jack Madigan-Manuel Nadia Tooulou Former Chief Justice Supreme Court of South Australia Publications Officer Emeritus Professor R Graycar Panita Hirunboot Sydney Law School The University of Sydney New South Wales Professor J V Orth Volume 36 Issue 1 2 015 William Rand Kenan Jr Professor of Law The University of North Carolina at Chapel Hill United States of America Emeritus Professor I Shearer Sydney Law School The University of Sydney New South Wales Professor J M Williams Adelaide Law School The University of Adelaide South Australia ALR_36(1)_Prelims.indd 2 14/09/15 8:50 AM ADVISORY BOARD ADELAIDE LAW REVIEW Emeritus Professor W R Cornish Editors Emeritus Herchel Smith Professor of Intellectual Property Law Matthew Stubbs Adam Webster University of Cambridge United Kingdom Book Review Editor Adam Webster Professor J R Crawford Whewell Professor of International Law Senior Student Editors University of Cambridge Samantha Graham Jerome Squires United Kingdom Emeritus Professor M J Detmold Student Editors Adelaide Law School Emily Carr Irene Nikoloudakis The University of Adelaide Isabella Dunning Joshua Pascale South Australia Ashleigh Jones Igor Popov The Hon Professor J J Doyle Jack Madigan-Manuel Nadia Tooulou Former Chief Justice Supreme Court of South Australia Publications Officer Emeritus Professor R Graycar Panita Hirunboot Sydney Law School The University of Sydney New South Wales Professor J V Orth Volume 36 Issue 1 2 015 William Rand Kenan Jr Professor of Law The University of North Carolina at Chapel Hill United States of America Emeritus Professor I Shearer Sydney Law School The University of Sydney New South Wales Professor J M Williams Adelaide Law School The University of Adelaide South Australia ALR_36(1)_Prelims.indd 3 14/09/15 8:50 AM TABLE OF CONTENTS The Adelaide Law Review is a refereed journal that is published twice a year by the THE 2011 JOHN BRAY ORATION Adelaide Law Review Association of the Adelaide Law School, The University of Adelaide. David Irvine Freedom and Security: Maintaining The Balance 295 A guide for the submission of manuscripts is set out at the back of this issue. Articles and other contributions for possible publication are welcomed. ARTICLES Nicola McGarrity, Sunset Clauses in Australian Anti-Terror Laws 307 Rishi Gulati and Copies of the journal may be purchased, or a subscription obtained, from: George Williams Administrative Officer For North America: Adelaide Law Review Association William S Hein & Co Joyce Chia and Doing Business To Do Good: Adelaide Law School 1285 Main Street Miranda Stewart 335 The University of Adelaide Buffalo NY 14209 South Australia 5005 USA Matthew Groves The Hardiman Rule 371 AUSTRALIA e-mail: <[email protected]> Geoffrey Lindell In Defence of The High Court — Its Role As An Agent of Constitutional Change 399 <http://www.adelaide.edu.au/press/journals/law-review> Ian Murray Travel to Invigorate the Mind and the Wallet: Do the International Tax Rules Appropriately This volume may be cited as: Encourage United States–Australian Academic Visits? 431 (2015) 36 Adelaide Law Review The articles in this volume are published in 2015. Thanuja Rodrigo Unconscionable Demands Under On-Demand Guarantees: ISSN 0065-1915 A Case of Wrongful Exploitation 481 James Allan and Time and Chance and the Prevailing Orthodoxy in © Copyright is vested in the Association and, in relation to each article, in its author, 2015. Anthony Senanayake Legal Academia Happeneth to Them All — A Study of the Top Law Journals of Australia and New Zealand 519 Laurentia McKessar Three Constitutional Themes in the High Court of Australia: 1 September 2008–19 June 2010 559 CASE NOTE Richard Sletvold PGA v The Queen: Do Laws Just Disappear? 573 BOOK REVIEW Peter Burdon Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges 581 SUBMISSION OF MANUSCRIPTS 586 ALR_36(1)_Prelims.indd 4 14/09/15 8:50 AM TABLE OF CONTENTS The Adelaide Law Review is a refereed journal that is published twice a year by the TEditorialHE 2011 NoteJOH N BRAY ORATION i Adelaide Law Review Association of the Adelaide Law School, The University of Adelaide. David Irvine Freedom and Security: Maintaining The Balance 295 A guide for the submission of manuscripts is set out at the back of this issue. Articles and DISTINGUISHED LECTURES other contributions for
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