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studies
This page provides points of entry to the literature on
Australian discrimination law.
It covers -
introduction
For anti-discrimination legislation regarding questions
of accessibility, free speech, hate speech and hate sites
see the Accessibility,
Censorship and Politics
guides on this site.
There is a broader treatment in the Human Rights profile.
The Commission's detailed guide
to the DDA is online. A detailed report
reviewing the Act was released in 2004 by the Productivity
Commission and context is provided by HREOC's annual Federal
Discrimination Law.
the legal terrain
Surveys of the legal terrain include Australian Anti-Discrimination
Law (Leichhardt: Federation Press 2008) by Neil Rees,
Katherine Lindsay & Simon Rice, 'Australian Anti-Discrimination
Laws: Framework, Developments and Issues' (Sydney Law
School Research Paper No. 08/24) (2008) by Belinda Smith
and her 'From Wardley to Purvis - How Far Has Australian
Anti-Discrimination Law Come in 30 Years?' in Australian
Journal of Labour Law (2008), Discrimination
Law & Practice (Leichhardt: Federation Press
2004) by Chris Ronalds & Rachel Pepper, Retreat
from Injustice: Human Rights Law in Australia (Leichhardt:
Federation Press 2004) by Nick O'Neill, Simon Rice &
Roger Douglas, 'Hate Speech and the Australian Legal and
Political Landscape' by Katherine Gelber in Hate Speech
and Freedom of Speech in Australia (Leichhardt: Federation
Press 2007) edited by Gelber & Adrienne Stone 2-19,
'Context and Interpretation in Australian Anti-Discrimination
Law' by Beth Gaze in 26(2) Melbourne University Law
Review (2002) 395, Less Than Equal: Women and
the Australian Legal System (Chatswood: Butterworths
2001) by Patricia Easteal, and Equality Before the
Law: Justice For Women (Sydney: Australian Law Reform
Commission 1994)
Questions about the effectiveness of particular measures
include -
- ‘Employment
Discrimination Complaints at the ACT Human Rights Office:
Players, Process, Legal Principles and Outcome’
by Patricia Easteal & Susan Priest in Contemporary
Issues in Law (2006/7) 62-79
- 'Human
Rights Remedies for Unlawful Discrimination' by Jonathon
Hunyor in 43(7) Law Society Journal (2005)
40
- 'Equality
Legislation and Reflexive RegulaReview’s Consultative
Paper' by Christopher McCrudden in 36(3) Industrial
Law Journal (2007) 255
Employment and Workplace Law
Insights are offered in Australian Charter of Employment
Rights (Prahran, Australian Institute of Employment
Rights/Hardie Grant 2007) edited by Mordy Bromberg &
Mark Irving, Labour Law and Labour Market Regulation
(Leichhardt: Federation Press 2006) edited by Christopher
Arup, Stewart's Guide to Employment Law (Leichhardt:
Federation Press 2008) by Andrew Stewart, 'The Overlap
of the Federal Sex Discrimination and Industrial Relations
Jurisdictions: Intersections and Demarcations in Conciliation'
by Sara Charlesworth in 6(4) Australian Journal of
Labour Economics (2003) 559-577.
comparisons
Points of entry into the overseas literature include -
- Private
Lives: Families, Individuals & the Law (Cambridge:
Harvard Uni Press 2004) by Lawrence Friedman
- AIDS
and the Sexuality of Law: Ironic Jurisprudence
(New York: Palgrave 2004) by Joe Rollins
- God
vs. The Gavel: Religion and the Rule of Law (Cambridge:
Cambridge Uni Press 2005) Marci Hamilton
- Same-Sex
Relationships: From 'Odious Crime' to 'Gay Marriage'
(Oxford: Oxford Uni Press 2006) by Stephen Cretney
-
'In Search of the Best Procedure for Enforcing Employment
Discrimination Laws: A Comparative Analysis' by Jean
Sternlight in 78 Tulane Law Review (2004) 1401
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