7 10 81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Aitken, Lee Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource This eponymous book on the general part of the law of contract will be the standard Australian work for some time to come. It aims to provide a guide to that legion of legal readers ‘who are searching for basic statements of contract law’. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/3899 10.38127/uqlj.v39i1.3899 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/3899/3399 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 152-156 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Heydon on Contract Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McKibbin, Sarah Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource Interest in Australian private international law has rekindled over the past decade. Australian courts are contending with more transnational litigation than ever before, facilitated by the ease with which people, business and information now cross borders. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/3897 10.38127/uqlj.v39i1.3897 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/3897/3397 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 147-152 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Commercial Issues in Private International law: A Common Law Perspective Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Book review Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Taylor, Paul Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource The recent Review of Freedom of Speech in Australian Higher Education Providers (‘the Review’), overseen by the Hon Robert French AC, identified areas for improving freedom of speech and academic freedom, and to that end proposed the adoption of umbrella principles embedded in a Model Code. The Review’s engagement with international human rights law standards was confined, even though many are binding on Australia. As universities consider implementing the Review’s recommendations, this article reflects on the Model Code in the light particularly of  the standards established by the International Covenant on Civil and Political Rights (‘ICCPR’). If the drafters of the Model Code had paid closer regard to the ICCPR and other international standards, the result may have been a scheme that more clearly and predictably distinguishes permissible from impermissible restriction on free speech and academic freedom, and gives greater priority to promoting the human rights of those in the academic community than to the institutional power to limit them. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/3893 10.38127/uqlj.v39i1.3893 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/3893/3395 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 117-146 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Thinking Allowed in the Academy: International Human Rights Law and the Regulation of Free Speech and Academic Freedom under the ‘Model Code’ Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Ghori, Umair Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource Export controls are gradually emerging as a source of contention within the World Trade Organisation (‘WTO’) law. Resource-exporting developing countries are increasingly finding it difficult to reserve the use of commodities and mineral resources for domestic purposes and downstream development due to the obligations imposed by the General Agreement on Tariffs and Trade (‘GATT’) framework and WTO law. The problem is further exacerbated by the unclear guidelines and the overwhelming import-orientation of the provisions regulating international trade within the GATT/WTO framework. This article synthesises three important lessons that can be gleaned by policymakers from GATT/WTO jurisprudence in the construction of export controls in order to avoid a hostile response from other WTO Members concerned about equitable and free access to resources. The article argues that, as things stand today, GATT provisions leave little room for policymakers to prefer budding domestic sectors. Any preferential policies that seek inward diversion of resources will most likely attract a challenge in the WTO Dispute Settlement Body. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/3891 10.38127/uqlj.v39i1.3891 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/3891/3393 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 85-115 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource Three Lessons on the Construction of Export Controls Under WTO Law Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Taylor, Greg Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource From 1890 to 1892, Sir Samuel Griffith, as Premier of Queensland, promoted a scheme under which Queensland would itself have been divided into a federation of initially three provinces — North, Central and South Queensland — and then two provinces, North and South Queensland. This startling idea would certainly have changed the map of Australia, probably permanently. At least at some points, the idea was expressed that each province would enter the Australian federation as a separate State and the Queensland federal government would simply be dissolved upon federation. The Bill to divide Queensland into a federation of two provinces passed the lower House of State Parliament but was defeated in the nominee Legislative Council. It then fell victim to the change of government consequent upon Griffith’s appointment as Chief Justice of Queensland, to the urgent problems presented by the economic depression, and even, from the conservative point of view, to the rise of labour in politics. Little has been known about this nearly successful plan until now. This article attempts to close that gap. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/3889 10.38127/uqlj.v39i1.3889 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/3889/3391 10.38127/uqlj.v39i1.3889.g3391 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 33-83 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource The Three Queenslands: Sir Samuel Griffith's 'Ghost' Draft for a Queensland Federation Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Crowe, Jonathan Lee, Bri Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s social behaviour, relationship to the defendant or lack of overt resistance that are at odds with the definition of free and voluntary consent. The excuse has also led to problematic results in cases involving impaired capacity (such as intoxication, mental incapacity or linguistic incapacity) by the defendant or the complainant. We canvass two potential reforms aimed at addressing these issues. The first would render the excuse inapplicable to the issue of consent in rape and sexual assault cases, while the second would limit the excuse to address its most troubling outcomes. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2993 10.38127/uqlj.v39i1.2993 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2993/3227 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 1-32 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McMillan, Kathryn Pokarier, Nicholas Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Courts are increasingly called upon to adjudicate hard cases involving questions of social facts. In deciding these matters, in a just and efficient manner according to law, courts will desirably have recourse to social science material and, perhaps less desirably, be influenced by underlying assumptions based on the decision-maker’s personal views. This article comments on three ways in which courts use social facts and treat social science material in the course of judicial decision-making. The authors suggest a ‘best practice’ approach for judges in approaching these questions, in the light of identified problems with the status quo. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2417 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2417/1815 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 389-406 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Beyond Common Knowledge: Reviewing the Use of Social Science Evidence in Australian Courts Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Monds, Lauren Quilter, Julia van Golde, Celine McNamara, Luke Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Alcohol and Other Drug (‘AOD’) use is prevalent in Australia and worldwide, and is frequently a factor in many crimes. Police are often required to assess whether an individual is relevantly intoxicated. This article reviews the current laws and research surrounding intoxication detection by police, with a focus on Australia. It finds that legislation governing criminal law and police powers offers little guidance, and training in intoxication assessment appears to be underdeveloped. It concludes that assumptions of police expertise in AOD intoxication detection should be viewed with caution. Further research is required into the adequacy of initial and continuing police training, and into the practices employed by police officers on the streets, at the police station, and in the courtroom. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2415 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2415/1813 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 267-388 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Police as Experts in the Detection of Alcohol and Other Drug Intoxication : A Review of the Scientific Evidence within the Australian Legal Context Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Edmond, Gary Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Through a review of reported challenges this article explains how latent fingerprint evidence was routinely admitted and relied upon as proof of identity in criminal proceedings before its value and limitations were studied or understood. That it was admitted and used in ways that were disengaged from scientific research reveals a great deal about our adversarial system — of pleas, rules of admissibility, trial safeguards, standards of proof, and heavy reliance on the technical competence of lawyers and judges. This article draws on contemporary scientific research to explain how more than a century of routine legal reliance, along with quite a few admissibility challenges, produced few meaningful responses and no apparent endogenous understanding of the limitations of latent fingerprint comparison. Trial personnel and trial safeguards did not lead to the identification, recognition and communication of methodological problems, uncertainties or the frequency of error. Latent fingerprint evidence continues to be presented in ways that are not informed by scientific research, are inconsistent with mainstream scientific advice, exaggerate the value of opinions, and unecessarily threaten both the rectitude and fairness of criminal proceedings. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2413 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2413/1811 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 301-365 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Latent Science: A History of Challenges to Fingerprint Evidence in Australia Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McKimmie, Blake Schuller, Regina Thomas, Simon Sherrel, Helen Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Previous research has examined the impact of the match between expert witness gender and the gender-orientation of the case, suggesting that traditional gender-role stereotyping was influencing mock jurors’ decisions. Manipulations of the orientation of the domain of the case focus on the knowledge area of the case itself, rather than the actual knowledge of the expert. This reveals little about the impact of the association between the role of the expert and the expert’s gender. The present study investigated whether perceivers make use of gender stereotypes as a shortcut for decisions when presented with the testimony of an expert witness. It was predicted that participants would award a higher amount of damages to the plaintiff when the plaintiff’s expert’s gender matched their role compared to when it did not match. It was also predicted that participants’ evaluation of the plaintiff’s expert witness’s testimony and the expert would be more positive in the gender-role congruent condition. As expected, the female expert’s testimony was viewed more positively when occupying a female-oriented role compared to a male-oriented role, and that the expertise of the female expert was evaluated more favourably in the female-oriented role compared to the male-oriented role. Despite the impact of gender stereotypes in biasing the evaluation of expert testimony on several dimensions, this had no apparent impact on award decisions. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2411 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2411/1809 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 279-299 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource The Impact of Gender-Role Congruence on the Persuasiveness of Expert Testimony Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article