Special sauce in sesame seed buns: legal strategy and public policy in the fast-food industry

Lewis Bertly, a top lawyer with leading London law firm LL&B, is retained to defend a case with the potential to change the laws that affect fast-food marketing. Through its Department of Health, the Government of Australia seeks legislation for warning labels on fast-food packaging. To prepare a potential defense against this legal action for McDonald's Bertly is reviewing the history of legal action against the industry in fast-food labeling, nutrition and health. This history is important because the industry's actions through the decades in food nutrition and marketing are likely to be raised as evidence. He also hopes this will help him find a framework to map the way social expectations, a company's innovation, the legal system, and legislation combine to shape an industry. What he learns from this history and especially about the market leader, McDonald's, will inform how the defense approaches this case.

Litigation by shareholders and directors: an empirical study of the Australian statutory derivative action

A number of countries have statutory derivative actions. They allow a shareholder to bring legal action on behalf of the company, typically where the company refuses or is unable to bring the action. The Australian derivative action was enacted in March 2000 to overcome inadequacies with the common law derivative action. In this article the authors present the results of an empirical study of all cases decided under the Australian statutory derivative action during its first 6 years of operation. The study provides insights into the way Australian courts have interpreted and applied this legal remedy. The authors evaluate the statutory derivative action in light of the reasons for its enactment. Issues discussed in the article include the role of shareholder litigation in corporate governance and the rationale for statutory derivative actions.

Doing it in the courts : opening research to public scrutiny

This paper analyses the positioning of researchers and their research by the courts in legal complaints brought against educational authorities. Over the past decade at least eleven formal complaints related to deaf children's access to native sign language in education have been lodged with the Human Rights and Equal Opportunity Commission.

This ongoing legal action has brought a pedagogical debate over educational policy into the courts. The most recent case to reach the Federal Court of Australia was taken by the families of two deaf children against a state educational authority, allegedly for failing to provide the children with an adequate education. The complainants called for teachers fluent in Auslan (Australian Sign Language) or interpreters to be employed alongside mainstream teachers.

As a researcher in this field, I have acted as an expert witness in eight of these cases, tendered my thesis as evidence, and been cross-examined in the Federal Court. Court transcripts from the two most recent cases provide the data for an analysis of the way in which legal counsel position researchers (as 'advocates', having vested interests, representing lobby groups) and interpret their research to support the legal arguments being made.

Access to information about donors by donor-conceieved individuals : a human rights analysis

While assisted reproductive treatment using donated gametes is widespread, and in many places, widely accepted, it has historically been shrouded in secrecy. Over time, however, there has been an increasing call from donor-conceived people, recipient parents and some donors to end the secrecy, and to release identifying information about donors to donor-conceived people. "Rights-based" arguments have at times been used to justify this call. This article examines whether a human rights framework supports the release of information and how such a framework might be applied when there are competing rights. It argues that the current balancing approach used to resolve such issues weighs in favour of release. Legal action has the potential to be legitimate and justifiable. A measure such as a contact veto system, which would serve to prevent unwanted contact with the person lodging the veto (either the donor or the donor-conceived person), would ensure proportionality. In this way, both donor-conceived people's rights to private life, identity and family, and donors' rights to privacy may be recognised and balanced.

A tale of action, suspense and drama : Village Roadshow’s buy-back scheme

The experience of Village Roadshow, in its two failed attempts to have a share buy-back scheme approved by the Supreme Court, sounds a warning to companies and their legal advisers about the pitfalls in presentation of such schemes to shareholders.

"Desperately mortal": exclusion in Shakespeare's legal plays

Shakespeare's most explicitly 'legal' plays are The Merchant of Venice and Measure for Measure. Both examine the interaction between human desire on one hand and the law on the other. In both plays laws cuts through the social hierarchies, either neutralising or exaggerating them. Key characters find their exclusion nullified by the law, and then discover inclusion is far worse than exclusion.

Legal marketing twelve "home truths"

Evaluating legal services marketing strategies.

Exchange as a determinant in corporate citizenship : exploratory action research into the social construction of corporate citizenship

This study attempts to achieve two things. Firstly it contextualizes corporate citizenship drawing on scholarly, government, media, legal and business discourses which when viewed as a whole, reveals the importance of exchange as a central determinant in how all the major themes or subfields of corporate citizenship function and subsequently become valued within public discourse. Secondly, it reports on exploratory action research where I as a researcher occupied a central role in understanding and contributing towards how organizational settings socially construct and evolve corporate citizenship in real time through various exchange behaviour, drawing from four years field research within BP and its interactions with the external world. This research contributes to new knowledge by building a rare contextual understanding into how cultural change evolves over time within an organization, from its public face, through policy, down into employee and stakeholder reactions, including identifying the crucial role played by Cultural bridges’ in shifting entrenched organizational culture towards embracing new, more sustainable ways of doing business, and additionally how practitioners can legitimately act as a researcher in facilitating this process by assisting an organization to move from simple, transactional relationships to more sustainable integrated social, financial and environmental exchange between business and its broader context. Importantly, this research develops entirely new theoretical models for understanding the social application and commercial value of corporate citizenship to both business and society.

Learning leadership is in your hands : toward a scholarship of teaching in practical legal training

A scholarship of teaching in post-graduate pre-admission practical legal training is germane to perceptions of the quality of accreditation of young Australian lawyers practicing in a globalised profession. Traditional forms of teaching scholarship in law have been identified as influencing the well being of law students and practitioners. This article reviews literature that frames a definition and prerequisites for a scholarship of teaching, its traditional and potential forms, and its subject matter. It considers the present position of a scholarship of teaching in practical legal training, and the historical and organisational epistemological approaches to professional practical training (compared to academic education) that shape that position. Problems of validity, measurement, performativity, and engagement in teaching scholarship are introduced, followed by consideration of possible methodological approaches drawing on Schon’s conception of action research, together with emergent methodologies, technologies and practical considerations that enable individual practitioners to pursue and lead a scholarship of teaching in practical legal training. The article frames questions for further doctoral research in relation to practical legal training teachers’ engagement with the scholarship of teaching.

Learning leadership is in your hands : toward a scholarship of teaching in practical legal training

This article seeks to promote discussion about scholarship of teaching in Australian postgraduate pre-admission practical legal training (PLT). This is germane to perceptions of the quality of accreditation of young Australian lawyers practicing in a globalised profession. The article gives a definition and outlines the prerequisites for scholarship of teaching. The present position of teacher engagement with scholarship of teaching in Australian PLT is considered, together with the historical and organisational epistemological approaches to professional practical training. Problems of validity, measurement, performativity, and engagement in teaching scholarship are discussed. Possible methodological approaches, including Schön’s conception of action research, together with other methodologies, technologies, and practical considerations, are considered. These discussion points are directed toward future exploration of PLT teachers’ engagement with, and leadership in, the scholarship of teaching in PLT.

Race lines and spaces of political action among migrant youth

Recently proposed Anti-Racism Strategy established within a framework of the Australian Government's multicultural policy, People of Australia, identifies ‘youth engagement’ as one of the key areas that needs to be promoted and supported. Young people have been invited to join youth councils and youth forums and work with national, state and local policy-makers. Some have taken up this challenge and became public faces and active members of anti-racism campaigns. Others, however, either remained silent about the discrimination they face, or organised their own grassroots youth-based and youth-led initiatives. This paper discusses individual and collective responses to racism among young people in Australia, focusing on Melbourne, and examines possibilities in which racism, as a common experience among migrant youth, can be utilised to form alternative spaces for political action, challenging not only interpersonal, but also systemic forms of racism. By drawing attention towards institutional and systemic forms of racism, and the historical perpetuation of racist practices, these youth initiatives rely on legal measures, and argue that racism should be discussed in the context of the broader Australian society, not only in relation to minority groups.

On legal positivism's word and our 'form-of-(non-)living'

This paper is about two stories. The more reassuring one states that byestablishing that a norm is valid because of its source, not its merit, legal positivism is, in its various forms, perhaps one of the greatest achievements in Western legal theory and practice. From constitutionalism to human rights policies, from criminal to international law and free trade agreements, from contracts to torts and e-commerce, legal validity, predictability, and coherence have found their most powerful ally in positivist thought. This contribution argues that it is time for a different, neorealist story: the metaphysical, ontological and biopolitical essence of its language demonstrates that legal positivism has in fact played a fundamental role in the substitution of action with behaviour, and consequently, in the normalisation of humankind’s self-annihilating animality as post-historical and post-political ‘form-of-(non-)living.’

The legal structure and regulation of securities lending (Pt 1)

Securities lending is the temporary transfer of securities(mainly shares) from one party to another. At theconclusion of the loan, the borrower is required to deliverequivalent securities to the lender. Securities lending isan important and growing part of global market activity.While it is said to perform valid and useful functions suchas increasing market liquidity, many—particularly duringthe global financial crisis—have expressed concerns thatit also leads to market instability. Concerns with securitieslending have focused primarily on its role in facilitatingshort selling. During the global financial crisis, marketsand regulators were concerned about the potentialdestabilising effect of short selling on financial markets.1Regulators across the globe took action to ban naked andcovered short selling.This article undertakes a comprehensive examinationof the legal structure of securities loans in Australia. Itexamines securities lending in Australia and other majorfinancial markets, namely Europe, the United Kingdomand United States. This article examines the Australian and international industry standard form contracts. It alsoconsiders the current regulatory environment for securitieslending in Australia.