Publications by Gabrielle Appleby | Law

Publications by Gabrielle Appleby

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BOOKS
Judicial Federalism in Australia: History, Theory, Doctrine and Practice (with Anna Olijnyk, James Stellios and John Williams) (Federation Press, forthcoming 2017)
The Tim Carmody Affair: Australia’s greatest judicial crisis (with Rebecca Ananian-Welsh and Andrew Lynch) (New South Publishing, 2016)
The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (Hart Publishing, 2016)
Government Accountability: Australian Administrative Law (with Judith Bannister and Anna Olijnyk) (Cambridge University Press, 2014)
Australian Public Law (with Alexander Reilly and Laura Grenfell) (2nd edition, Oxford University Press, 2014)
Australian Public Law (with Alexander Reilly, Laura Grenfell and Wendy Lacey) (Oxford University Press, 2011)

EDITED VOLUMES
The Critical Judgments Project: Re-reading Monis v The Queen (with Rosalind Dixon) (Federation Press, 2016)
Public Sentinels: A Comparative Study of Australian Solicitors-General (with Patrick Keyzer and John Williams, eds) (Ashgate Publishing, 2014)
The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives (with Nicholas Aroney and Thomas John, eds) (Cambridge University Press, 2012)

JOURNAL ARTICLES
‘Justice Ginsburg, President Trump, and the need for judicial disqualification reform’ (2017) Legal Ethics (accepted for publication January 2017)
‘Pride and Prejudice: A Case for Reform of Judicial Recusal Procedure’ (with Stephen McDonald) (2017) Legal Ethics (released online, http://www.tandfonline.com/doi/abs/10.1080/1460728x.2017.1261521)
‘Reform of the Attorney-General: A Comparative Analysis’ [2016] Public Law 573
‘Pride and Prejudice: A Case for Reform of Judicial Recusal Procedure’ (2017) Legal Ethics (forthcoming)
‘Cycling and the Law’ (with Adam Webster) (2016) 39(1) University of New South Wales Law Journal 129
‘Executive Power under the Constitution: A Presidential and Parliamentary System Compared’ (with Adam Webster) (2016) 87 University of Colorado Law Review 101
‘Challenging the Orthodoxy: Giving the Court a Role in Scrutiny of Delegated Legislation’ (2016) 69(2) Parliamentary Affairs 269
‘Constitutionalising an Indigenous Voice in Australian Law-making: Some institutional Design Challenges’ (2015) 18 Australian Indigenous Law Review 98
‘Functionalism in Constitutional Interpretation: Factual and Participatory Challenges: Commentary on Dixon’ (2015) 43 Federal Law Review 493
‘An Indigenous Advisory Body: Some Questions of Design’ (2015) 19(8) Indigenous Law Bulletin 3
‘Scrutinising Parliament’s Scrutiny of Delegated Legislative Power’ (with Joanna Howe) (2015) 15 Oxford University Commonwealth Law Journal 3
‘Disqualification of judges and pre-judicial advice’ (with Stephen McDonald) (2015) 43 Federal Law Review 201
‘Civility, Gender and the Law: Critical Reflections on the Judgments in Monis v The Queen’ (with Ngaire Naffine) (2015) 24 Griffith Law Review 1
‘The Impact of Uncertain Constitutional Norms on Government Policy: Tribunal Design after Kirk’ (with Anna Olijnyk) (2015) 26 Public Law Review 91
‘The 2014 Counter-Terrorism Reforms in Review’ (2015) 26 Public Law Review 4
‘The High Court and Kable - A Study in Federalism and Human Rights Protection’ (2014) 40 Monash University Law Review 673
‘Australia: A Spotlight on Judicial Regulation’ (with Suzanne Le Mire) (2014) 17(2) Legal Ethics 299
‘Reflecting on Hannah Arendt and Eichmann in Jerusalem: A Report on the Banality of Evil’ (with Peter Burdon, Rebecca La Forgia, Joe McIntyre and Ngaire Naffine) (2014) 35(2) Adelaide Law Review 427
‘To Watch, To Never Look Away: The Public’s Responsibility for Australia’s Offshore Processing of Asylum Seekers’ (with Rebecca La Forgia and Alexander Reilly) (2014) 39(3) Alternative Law Journal 163
‘Judicial Conduct: Crafting a System that Enhances Institutional Integrity’ (with Suzanne Le Mire) (2014) 38(1) Melbourne University Law Review 1
‘The Government as Litigant’ (2014) 37(1) University of New South Wales Law Journal 94
‘Critical Thinking in Legal Education: Our Journey’ (with Peter Burdon and Alexander Reilly) (2013) 23 Legal Education Review 345
‘Parliament’s Role in Constitutional Interpretation’ (with Adam Webster) (2013) 37(2) Melbourne University Law Review 255
‘Looking at the Executive Power through the High Court’s New Spectacles’ (with Stephen McDonald) (2013) 35 Sydney Law Review 253
‘The Royal Commission into Institutional Responses to Child Sexual Abuse: Safely in Judicial Hands? (Comment)’ (with Matthew Stubbs) (2012) 24 Public Law Review 81
‘Imperfection and Inconvenience: Boilermakers’ and the Separation of Judicial Power in Australia’ (2012) 30(2) University of Queensland Law Journal 265
‘A new coat of paint: law and order and the refurbishment of Kable’ (with John M Williams) (2012) 40 Federal Law Review 1
‘The Evolution of a Public Sentinel: Australia’s Solicitor-General’ (2012) 63(3) Northern Ireland Legal Quarterly 397 (Special Edition: Bench and Bar the (dis)appearance of Britain)
‘The Ramifications of Pape v Federal Commissioner of Taxation for the Spending Power and Legislative Powers of the Commonwealth’ (with Stephen McDonald) (2011) 37(2) Monash Law Review 162
‘Tissue Transplantation from Children: Difficulties in Navigating State and Federal Systems’ (with Shih-Ning Then) (2010) 33(2) University of New South Wales Law Journal 305
‘There Must be Limits: The Commonwealth Spending Power’ (2009) 37 Federal Law Review 93
‘A Tale of Two Clerks: When are Appropriations Appropriate in the Senate?’ (with John M Williams) (2009) 20 Public Law Review 194
‘Chapter III and the State Tribunal System: Guarantee of Liberty or Unprofitable Inconvenience?’ (2009) 17 Australian Law Librarian 142
‘The Provenance of the Federal Spending Power’ [2008] Australian and New Zealand Law and History E-Journal, Refereed Paper No 3.
‘Proportionality and Federalism: Can Australia Learn from the European Community, the US and Canada?’ (2007) 26 University of Tasmania Law Review 1

CHAPTERS IN EDITED VOLUMES
‘Constitutional Deliberation in the Legislative Process’ in Ron Levy and Graeme Orr (eds), The Cambridge Handbook of Deliberative Constitutionalism (Cambridge University Press, accepted for publication, 2017)
‘Federalism, Judicial Systems’ (with Erin Delaney) in Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum (eds) Max Planck Encyclopedia of Comparative Constitutional Law (Max Planck Foundation for International Peace and the Rule of Law and Oxford University Press, forthcoming)
‘Unwritten Constitutional Rules’ in Cheryl Saunders and Adrienne Stone, Oxford Handbook of the Australian Constitutional (Oxford University Press, accepted, forthcoming 2017)
‘He who would not be muzzled: Justice Heydon’s Last Dissent in Monis v The Queen (2013)’ (with Heather Roberts) in Andrew Lynch (ed) Great Australian Dissents (Cambridge University Press, 2016) 335
‘The Australian Judiciary: Resistant to Reform?’ (with Suzanne Le Mire) in Adam Dodek and Richard Devlin (eds), Regulating Judges: Challenges, Controversies and Choices (Edward Elgar, 2016) 35
‘Critical Thinking in Constitutional Law and Monis v The Queen’ (with Rosalind Dixon, eds) Constitutional Critical Thinking: Re-reading Monis v The Queen (Federation Press, 2016) 1
‘Law and Literature’ (with Heather Roberts) in Gabrielle Appleby and Rosalind Dixon (eds) The Critical Judgments Project: Re-reading Monis v The Queen (Federation Press, accepted manuscript, due for publication 2016) 28
‘Institutional Costs of Judicial Independence’ in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contemporary Challenges, Future Directions (Federation Press, 2016)
‘Protecting procedural fairness and criminal intelligence: is there a balance to be struck?’ in Greg Martin, Rebecca Scott-Bray and Miiko Kumar (eds), Secrecy, Law and Society (Routledge Cavendish 2015) 75
‘The Gavan Duffy Court’ in Rosalind Dixon and George Williams (eds), The High Court, the Constitution and Australian Politics, (Cambridge University Press, 2015) 141
‘Public Sentinels’ (with John M Williams) in Gabrielle Appleby, Patrick Keyzer and John M Williams (eds) Public Sentinels: A Comparative Study of Australian Solicitors-General (Ashgate Publishing, 2014)
‘The Challenges of Providing Legal Services to Government’ in Gabrielle Appleby, Patrick Keyzer and John M Williams (eds) Public Sentinels: A Comparative Study of Australian Solicitors-General (Ashgate Publishing, 2014)
‘Law and Order’ (with John M Williams) in John Spoehr (ed), State of South Australia: Turbulent Times (3rd ed, Wakefield Press, 2013)
‘Australian Federalism: Present, Past and Future Tense (with Nicholas Aroney and Thomas John), in Gabrielle Appleby, Nicholas Aroney and Thomas John (eds), The Future of Australian Federalism (Cambridge University Press, 2012)
‘The Anti-Terror-Creep: Has South Australia adopted a Culture of Control?’ (with John M Williams) in Andrew Lynch, Nicola McGarrity and George Williams (eds), Counter-Terrorism and Beyond: The Culture of Control of Law and Justice after 9/11 (Routledge-Cavendish, 2010)
‘Proportionality and Federalism: Can Australian Learn from the European Community, the US and Canada?’ in Proportionality and Federalism: State Reflections (Amicus Books, 2010)
‘Law and Order’ (with John M Williams) in John Spoehr (ed), State of South Australia: Trends and Issues (2nd ed, Wakefield Press, 2009)

REPORTS
Gabrielle Appleby, Review of the Limited Merits Review Regime under the National Energy Law and National Gas Law: Report for Public Interest Advocacy Centre (October 2016)
Gabrielle Appleby, Accountability in the National Energy Market: Report for Public Interest Advocacy Centre, 6 May 2015

CONFERENCE, SEMINAR AND OTHER PRESENTATIONS
Government Lawyers (Seminar at UTas, by invitation, November 2016)
100 years of the Commonwealth Solicitor-General (organiser and moderated panel), Banco Court, NSW Supreme Court, 24 October 2016
Constitutional deliberation in the Legislative Process (with Anna Olijnyk), Australasian Study of Parliament Group Annual Conference September 2016, by invitation)
UNSW Book Forum: The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (September 2016)
Convenor of panel at the International Legal Ethics Conference VII (New York) on Judicial Regulation and Ethics (July 2016). Presented two papers:
- Gabrielle Appleby and Suzanne Le Mire, Guidance and Counselling in a Modern Judiciary
- Gabrielle Appleby and Alysia Blackham, The Shadow of the Court: Ethics for Former Judges
ICAC – Theory and Practice, Australasian Study of Parliament Group Seminar (June 2016, keynote by invitation)
Constitutional dimensions of law reform (with Anna Olijnyk), The National Law Reform Conference, ANU (April 2016, by invitation)
Walking the tightrope: Balancing the role of advisor and advocate as a government lawyer, Victorian Government Solicitor Seminar Series (March 2016, by invitation)
The Solicitor-General as Constitutional Adviser, 2016 Gilbert + Tobin Centre of Public Law Constitutional Law Conference, Sydney (February 2016, by invitation)
Government Lawyers as Integrity Institutions, 2015 University of Wisconsin Discussion Group on Constitutionalism, ‘The New Separation of Powers: Revisited’ (November 2015, by invitation)
Rights Deliberation through Judicial Independence (with Anna Olijnyk), Public Law Weekend: Constitutional Deliberations, Australian National University, Canberra, October 2015 (by selection)
Pride and Prejudice: A Case for Reform of Judicial Recusal Procedure, Inaugural ‘Perspectives on Judges’ Seminar, Dickson Poon School of Law, King’s College London, (September 2015, by invitation)
Reform of the Attorney-General: A Comparative Analysis, Seminar at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law, London (September 2015, by invitation)
Keynote Address: The Provision of Government Legal Services, Australian Government Lawyers Network Annual Conference, Canberra, (June 2015, by invitation)
Establishing an Indigenous Constitutional Body? Paper presented at Indigenous Constitutional Recognition and the Idea of an Indigenous Constitutional Body, Constitutional Law Symposium, University of Sydney (June 2015, by invitation)
He who would not be muzzled: Justice Heydon’s last dissent (with Heather Roberts) The Great Australian Dissents workshop, Gilbert + Tobin Centre of Public Law, (June 2015, by selection)
Spending and Responsibility in the Modern Australian Federation, Attorney-General’s Constitutional Law Symposium (1 May 2015, by invitation)
Opening remarks, final session, Roundtable on Citizenship and the Constitution, hosted by the Social Policy and Legal Affairs Committee, House of Representatives (March 2015, by invitation)
Can judges have legal opinions? Recusal and pre-judicial legal advice, Twilight Seminar Series, Western Australian Constitutional Centre, November 2014 (by invitation)
When and How Should Judges Recuse Themselves? Kirby Seminar Series, University of New England, Armidale, November 2014 (by invitation)
‘Scrutinising Parliament’s Scrutiny of Delegated Legislative Power’ (with Joanna Howe) Inaugural Public Law Conference, University of Cambridge, September 2014 (by selection)
Commentator: The constitutionality of shadow criminal laws: where (if anywhere) will the High Court draw the line? Australian Association of Constitutional Law – Sydney Seminar Series, September 2014 (commentator, by invitation)
Regulating Judges: Australia, International Legal Ethics Conference VI, London, July 2014 (with Suzanne Le Mire) (by invitation)
Challenging the Orthodoxy: Giving the Court a Role in Scrutiny of Delegated Legislation, Party Discipline and the Parliamentary Process Workshop, Gilbert + Tobin Centre of Public Law, UNSW, June 2014 (by selection)
Protecting Procedural Fairness and Criminal Intelligence: Is there a balance to be struck? Secrecy, Law and Society Conference, University of Sydney, 6-7 February 2014 (keynote by invitation)
The Gavan Duffy Court, Workshop: The High Court, the Constitution and Australian Politics, Gilbert + Tobin Centre of Public Law, 7-8 November 2013 (by invitation)
State Law and Order Regimes and the High Court: A Study in Federalism and Rights Protection, Australian Association of Constitutional Law (NSW Branch), Federal Court of Australia, 23 October 2013 (by invitation)
Opening Remarks: The High Court and the Constitution, Constitutional Roundtable, House of Representatives Standing Committee on Social Policy and Legal Affairs, 20 June 2013 (by invitation)
The High Court’s New Spectacles: Questions after the School Chaplains Case, Gilbert and Tobin Constitutional Law Conference, 15 February 2013 (by invitation)
Government Lawyers and the Public Interest: Still Relevant Today? (with Martin Hinton QC) University of Adelaide Continuing Professional Development Seminars, National Wine Centre, Adelaide, September 2012
Government Lawyers, Law Officers and the Public Interest: Still Relevant Today? Fifth International Legal Ethics Conference, University of Calgary, Banff, Canada, July 2012 (by selection)
Scope Creep: Anti-Terror Legislation in the State Paradigm (with John Williams), Public Law Weekend, Australian National University, Canberra, September 2011 (by selection)
Conference organiser: The Role of the Solicitor-General in the Australasian Legal and Political Landscape (with John Williams and Professor Patrick Keyzer), April 2011, Bond University, Gold Coast
The New Rules for the Commonwealth’s ‘Spending Power’ after Pape, 2010 Constitutional Law Conference, February 2010, Gilbert and Tobin Centre of Public Law, Sydney (by invitation)
The Anti-Terror Creep: Has South Australia Adopted a Culture of Control? (with John Williams) Law and Terrorism Expert Roundtable, Gilbert and Tobin Centre for Public Law, July 2009, University of New South Wales, Sydney (by selection)
The Provenance of the Federal Spending Power, Australia and New Zealand Law and History Conference, December 2008, Adelaide (by selection)

MEDIA
I have extensive media experience, providing frequent commentary and opinion on television, radio and newspapers, including with the 7:30 Report, The Drum, ABC News, The Project the BBC World Today, ABC Radio National (PM, The World Today and The Law Report), the New York Times, The Australian, The Age, Sydney Morning Herald, the Australian Financial Review, and online, including in The Conversation, The Drum, and Inside Story.

PARLIAMENTARY AND GOVERNMENTAL SUBMISSIONS AND EVIDENCE
Submission and evidence to the Senate Legal and Constitutional Affairs References Committee regarding Nature and scope of the consultations prior to the making of the Legal Services Amendment (Solicitor-General Opinions) Direction 2016, October 2016
Submission to the Standing Committee on the Model Code of Professional Conduct Federation of Law Societies of Canada, ‘Post-Judicial Return to Practice Discussion Paper' September 2016 (with Alysia Blackham)
Submission to the Select Committee on the establishment of a National Integrity Commission, April 2016 (with Sean Brennan, Shipra Chordia and Grant Hoole) (together with evidence to the Committee)
Submission to the Judicial Appointment Review, Queensland Government, December 2015 (with Andrew Lynch)
Evidence and Submission to the Senate Legal and Constitutional Affairs Committee (with Jane McAdam and Claire Higgins), Submission: Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015, 2015
Submission to the South Australian Attorney-General's Department (with Suzanne Le Mire) Submission: Judicial Conduct Commissioner Bill 2015
Evidence and Submission to the Senate Legal and Constitutional Affairs Committee (with Anna Olijnyk and John Williams), Submission: Dying with Dignity Bill 2014, 2014
Submission to the Commonwealth Attorney-General (with Catherine Branson, Laura Grenfell, Rosemary Owens and Matthew Stubbs), Submission on the Proposed Amendments to the Racial Discrimination Act 1975 (Cth), 2014
Submission to the National Commission of Audit (with Alexander Reilly, Matthew Stubbs, Adam Webster, John Williams), Reform of Roles and Responsibilities of Commonwealth, State and Territory Governments, 2013
Evidence and Submission to the Productivity Commission (with Suzanne Le Mire), Access to Justice Arrangements: Reform of the government’s model litigant rules, 2013
Evidence and Submission to Senate Legal and Constitutional Affairs Committee (with Judith Bannister and Anna Olijnyk), Submission: Public Interest Disclosure Bill 2013, 2013
Submission to House of Representatives Social Policy and Legal Affairs Committee, Submission: Financial Recognition of Local Government, 2013
Submission to Senate Legal and Constitutional Affairs Committee (with Alexander Reilly and Matthew Stubbs), Submission: Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012, 2012
Submission to Senate Legal and Constitutional Affairs Committee (with John Williams) Submission: Inquiry into the Military Court of Australia Bill 2012 and Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012, 2012
Submission to Senate Legal and Constitutional Affairs Committee (with Suzanne Le Mire, Geoff Lindell, Anna Olijnyk, Alexander Reilly, Matthew Stubbs, Adam Webster and John Williams), Submission: Courts Legislation Amendment (Judicial Complaints) Bill 2012 and Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012, 2012
Evidence to Senate Legal and Constitutional Affairs Committee (with John Williams) Submission in Support of the Marriage Equality Bill 2010, 2012
Submission to Senate Legal and Constitutional Affairs Committee (with Anne Hewitt, Laura Grenfell, Alexander Reilly and John Williams), Submission in Support of the Marriage Equality Bill 2010, 2012
Evidence before the House of Representatives Standing Committee on Legal and Constitutional Affairs, (with John Williams), Machinery of Referendums Inquiry, 2009
Submission to House of Representatives Standing Committee on Legal and Constitutional Affairs, Machinery of Referendums Inquiry (with Professor Geoffrey Lindell, Professor Rosemary Owens, Associate Professor Alexander Reilly, Matthew Stubbs and Professor John Williams, University of Adelaide Law School), 2009

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