'The witness who saw, /He left little doubt' : a comparative consideration of expert testimony in mental disability law cases in common and civil law systems

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (cherry picking evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context - in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.

Outlaw governance : boxing and western law

Outlaw Governance examines two-hundred years of Western legal development associated with the highly contentious sport of boxing. Drawing on an extensive sample of reported legal cases from the United Kingdom, the United States, Australia, New Zealand and Canada, this volume demonstrates how the sport continues to evolve and generate enormous popularity despite considerable legal, medical and political resistance. This investigation shows how laws relating to crime, negligence, contract, public licensing and media regulation have been applied to the sport and its practitioners in each jurisdiction, often with a consistently restrictive and paternalistic focus. By using popular sporting narratives to give life to each legal dispute, this text provides a critical insight into the operation and limits of Western legal method which is accessible to any reader.

A narrative study of migrant women and Australian law

This thesis found that the migrant women it studied experienced everyday, discrimination-related hardships and legal problems which the law only partially resolved. It concluded that discrimination was an invisible issue with serious personal consequences for these migrant women.

Language, technology and the law : anti-plagiarism software and students' academic writing

Plagiarism is of grave concern for academic institutions in the twenty-first
century. Institutions utilise plagiarism policies, honour codes and regulations to ensure students develop a sense of educational integrity. Technology has recently afforded new methods for staff to detect plagiarism – through antiplagiarism software. This paper explores perspectives of seven teachers across five faculties to Turnitin.com (an anti-plagiarism software package) at a large Australian university. The findings indicate that software such as Turnitin.com may assist in the quest to detect text-matching, and perhaps reduce plagiarism. It should not, however, be considered the panacea for plagiarism. Plagiarism policies should also reflect cognisance of the existence of a 'plagiarism continuum' (Sutherland-Smith, 2003) through the use of technology. This research highlights the broader need for institutions to reformulate plagiarism policies in light of cross-cultural perspectives of authorship and attribution of text.