Recent and Forthcoming Publications

Tarun Khaitan bookFoundations of Indirect Discrimination Law, by Tarun Khaitan

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.

This book will be launched by The Hon. Michael Kirby AC CMG in August, 2018.

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Discount Code: FOUNDATIONS18

Jianlin Chen bookThe Law and Religious Market Theory: China, Taiwan and Hong Kong, by Jianlin Chen

With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original law and religious market theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today.

This book will be launched by Professor Carolyn Evans in August, 2018.

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Steele Opie bookMatch-fixing in Sport: Comparative Studies from Australia, Japan, Korea and Beyond, by Stacey Steele and Hayden Opie AM

Match-fixing represents a greater potential threat to the integrity of sport than doping. It has been linked to organised crime, illegal drugs and money-laundering. Law enforcement and sporting authorities are struggling to establish legal and regulatory responses to this emerging threat, particularly in light of cross-border internet gambling.

This book examines match-fixing and the legal responses to it in three key Asian sporting nations: Australia, Japan and Korea. It explores the significance of legal, regulatory and cultural differences, and draws lessons in terms of best practice and enforcement for legal and sporting authorities around the world. Including key insights from players, the betting industry, law enforcement and prosecution authorities, it discusses the strengths and weakness of current anti-corruption strategies in the three jurisdictions.

Match-Fixing in Sport: Comparative Studies from Australia, Japan, Korea and Beyond offers important insights for all students and scholars with an interest in sport studies, law, criminology and Asian studies.

This book was launched by Mr Malcolm Speed AO, Executive Director COMPPS at K&L Gates on 20 June, 2018.

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Wendy Ng bookThe Political Economy of Competition Law in China, by Wendy Ng

The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.

This book was launched in May, 2018 by Professor Mark Furse.  It will also be launched at the United Nations in Geneva, Switzerland in July.

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Discount Code: NG2017

Nicholson Partlett bookSocialist Law in Socialist East Asia, by Hualing Fu, John Gillespie, Pip Nicholson and William Partlett

Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

This book will be launched in November, 2018.

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Lindsey McRae bookStrangers Next Door?  Indonesia and Australia in the Asian Century, by Tim Lindsey and Dave McRae

There are no two neighbouring countries anywhere in the world that are more different than Indonesia and Australia. They differ hugely in religion, language, culture, history, geography, race, economics, worldview and population (Indonesia, 270 million, Australia less than 10 per cent of that). In fact, Indonesia and Australia have almost nothing in common other than the accident of geographic proximity. This makes their relationship turbulent, volatile and often unpredictable.

Strangers Next Door? brings together insiders and leading observers to critically assess the state of Australia–Indonesia relations and their future prospects, offering insights into why the relationship is so important for Australia, why it is so often in crisis, and what this means for the future. This book will be of interest to anyone concerned with the Indo-Pacific region, Southeast Asia, Australia and Indonesia, and each country's politics, economy and foreign policy. It contains chapters that will interest specialists but are written in a style accessible to a general audience. The book spans a diverse range of subjects, including political relations and diplomacy, security and defence, the economy and trade, Islam, education, development, the arts, legal cooperation, the media, women, and community ties. Contributors assess the current state of relations in their sphere of expertise, and outline the factors and policies that could shape bilateral ties – and Indonesia's future – over the coming decades. University of Melbourne scholars Tim Lindsey and Dave McRae, both prominent observers and commentators on Indonesia and its relations with Australia, edited the volume, providing a synthesising overview as well as their own thematic chapters.

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Book Chapters

  • Sarah Biddulph, "Justice at the Margins: Notions of Justice in the Punishment of Prostitution", in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi (eds.) (2017), Justice: The China Experience, Cambridge University Press, Cambridge: 312-355.
  • Sarah Biddulph, "Punishments in the Post Re-Education through Labour World: Questions about Minor Crime in China", in Yun Zhao and Michael Ng (eds.) (2018), Chinese Legal Reform and the Global Legal Order, Cambridge University Press, Cambridge: 15-43.
  • Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, "Of Ceremonial Columns", in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi (eds.) (2017), Justice: The China Experience, Cambridge University Press, Cambridge: 379-386.
  • Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, "The Expression of Justice in China", in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi (eds.) (2017), Justice: The China Experience, Cambridge University Press, Cambridge: 3-25.

Journal Articles

  • Sarah Biddulph, Elisa Nesossi, Flora Sapio and Susan Trevaskes (2017), "Detention and Its Reforms in the PRC", 2 China Law and Society Review: 1-62.
  • Sarah Biddulph, Elisa Nessosi and Susan Trevaskes (2017), "Criminal Justice Reform in the Xi Jinping Era", 2 China Law and Society Review: 63-128.
  • Stacey Steele and Kaori Kano (2018), "Developments in Contemporary Japanese Electoral Law: Lowering the Voting Age from 20 to 18 Years Old", 23 (45) Journal of Japanese Law.
  • Stacey Steele and Kaori Kano’s co-authored article on electoral law reform in Japan was published in the most recent edition of the Journal of Japanese Law: “Developments in Contemporary Japanese Electoral Law: Lowering the Voting Age from 20 to 18 Years Old” (Vol. 23, No. 45).

    The article examines the lowering of Japan’s eligible referendum and election voting age from 20 to 18 years old. The lowering of the voting age is inextricably linked to the Liberal Democratic Party’s agenda of constitutional reform in Japan, but the article’s detailed examination of the processes and debates which led to the voting age reforms shows that this agenda was not the sole driver: reformers were also concerned about global norms, demographic imbalances and declining voter participation and turnout rates. The first election after the reforms held in July 2016 further cemented the Liberal Democratic Party’s dominance, and had the potential to pave the way for controversial constitutional amendments.

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Opinion Articles

Malaysian Election Result and Law Reform

Authoritarianism in India