Publications by Melanie Schwartz | Law

Publications by Melanie Schwartz

Back to profile

Books

Justice Reinvestment: Winding back Imprisonment, with David Brown, Chris Cunneen, Julie Stubbs and Courtney Young, Palgrave Macmillan, 2016

Criminal Laws: Materials and Commentary on Criminal Law and Process of NSW with David Brown, David Farrier, Luke McNamara, Michael Grewcock and Julia Quilter and Alex Steel , 6th Ed, Federation Press, 2015

Baldry, Cunneen, Brown, Brown, Schwartz, Steel, The Revival of the Prison. Penal Culture and Hyperincarceration, Ashgate, 2013

Book Chapters

"Low-end penalty, big-time impact: The effect of fines on indigenous people", Indigenous Law Bulletin Volume 8(Issue 29):14-17 Jun 2017

Allison, F, Cunneen, C, Schwartz M, ‘The Civil and Family Law Needs of Indigenous People Forty Years After Sackville: The Findings of the Indigenous Legal Needs Project’, in Durbach, A. Edgeworth, B & Sentas, V (eds) 2017, Law and Poverty: 40 years after the Commission of Inquiry into Poverty, Federation Press: Sydney

“Indigenous People and Access to Justice in Civil and Family Law” in Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need, Hart, 2016.

“Justice Reinvestment as Social Justice” in Routledge Handbook of Criminology and Human Rights, Routledge, 2016 (with Chris Cunneen, David Brown, Julie Stubbs, Courtney Young)

“A Restorative Justice Approach” in Constitutional Critical Thinking: Re-reading Monis v The Queen, Federation Press, 2016 (with Anna Olijnyk (University of Adelaide))

“Criminalisation and drugs: what should we do about Cannabis?” in Arlie Loughnan and Thomas Crofts (eds), Criminalisation and Criminal Responsibility in Australia (Oxford University Press, 2015)

Steel, A, Schwartz, M ‘Broader social context as a lens for learning: teaching criminal law’, in Coleman, K. & Flood, A. (eds.), Disciplines: the lenses of learning, (Champaign, Illinois: Common Grounds Publishing LLC, 2014)

Refereed Journal Articles

“Access to Justice for Aboriginal People in the Northern Territory (with Chris Cunneen and Fiona Allison)” (2014) Australian Journal of Social Issues 49(2), 219-240

"Invoking Cultural Awareness through teaching Indigenous Issues in criminal law and procedure" (with Thalia Anthony), Legal Education Review vol. 23, no. 1 & 2, pp. 31-56.

'That's discrimination!' Indigenous peoples' experiences of discrimination in the Northern Territory' (with Fiona Allison and Chris Cunneen), Indigenous Law Bulletin Vol 8(5) (May 2013), 8.

‘The promise and pitfalls of Justice Reinvestment’ (with David Brown and Laura Boseley), AltLJ (2012) 37(2) AltLJ 96

Imprisoning Rationalities (with Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, and Alex Steel), 44 (2011) Australian and New Zealand Journal of Criminology

Building Communities, Not Prisons: Justice Reinvestment and Indigenous Over-Representation’ (2010)14(1) Australian Indigenous Law Review 2-17.

‘Civil and Family Law Needs of Indigenous people in New South Wales: the Priority Areas (with Chris Cunneen)’, (2009) 32(3) University of New South Wales Law Journal 725.

“From Crisis to Crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW” (with Chris Cunneen), (2009) Indigenous Law Bulletin 7(15) 18.

“Working Cheaper, Working Harder: Inequity in Funding for Aboriginal and Torres Strait Islander Legal Services” (with Chris Cunneen), Indigenous Law Bulletin Vol 7(10) (Jan/Feb 2009), 19.

‘Funding Aboriginal and Torres Strait Islander Legal Services: Issues of Equity and Access’ (with Chris Cunneen),(2008) Criminal Law Journal, 32(1) 38-53.

'Policing the Territory: A Comment on the Emergency Response to Little Children are Sacred', Indigenous Law Bulletin Vol 6(30) (Sept/Oct 2007), 9.

‘NSW Bail Act and Aboriginal Defendants’, Indigenous Law Bulletin, Vol 6(9) (February 2005) 5. 

‘Opening a circle of hope: the NSW government review of circle sentencing’, Indigenous Law Bulletin Vol 5(29) (December/January 2004) 4

 

Refereed Conference Papers

Old Wine in a new bottle?  The potential for Justice Reinvestment in reducing offending in Australian Indigenous communities”, presented at Extremes in JusticeCriminal Lawyers Association of the Northern Territory, Sanur, Bali, 1 July 2011.

Schwartz M, Cunneen C, Baldry E, “The Australian Prisons Project”, presented at ICOPA 13: Abolition, Reform and the Politics of Global Incarceration, Belfast, 23-25 June 2010.

 “From Crisis to Crime: the escalation of civil and family law issues to criminal matters in Aboriginal communities in NSW”, presented at Criminal Justice: Diagnosis Terminal?, Criminal Lawyers Association of the Northern Territory, Sanur, Bali, 28 June 2009.

 

Other Publications

Schwartz M, Cunneen, C, Allison F, Guthrie J, "Submission to the Australian Law Reform Commission Inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples", 04 Sep 2017

Review of the Legal Aid NSW Aboriginal Field Officer pilot program in civil and family law (with Chris Cunneen) May 2014, 83 pages.

The Civil and Family Law Needs of Indigenous people in Queensland (with Chris Cunneen and Fiona Allison) 280 pages (2014)

The Civil and Family Law Needs of Indigenous people in Victoria (with Chris Cunneen and Fiona Allison) ISBN: 978-0-9875922-8-6 273 pages (2013)

Redressing Indigenous over-representation in the criminal justice system with Justice Reinvestment’, Precedent, Issue 118 (Sept/Oct 2013) 38.

Allison, F, Cunneen, C, Schwartz, M, Behrendt, L , The Indigenous Legal Needs Project: NT Report, ISBN: 978-0-9808572-9-0, 188 pages.

Schwartz, M, “Aboriginal deaths in custody”; “aggravation”; “circle sentencing”; “automatism”; and “Koori courts”; in T Mann (ed), Oxford Australian Law Dictionary, Oxford University Press, Sydney (2009 and second edition 2013).

Cunneen, C and Schwartz, M, ‘Indigenous Justice Agreements: the current policy framework’, Precedent, Issue 82 (Sept/Oct 2007) 26.

Cunneen, C and Schwartz, M, ‘Customary Law, Human Rights and International Law’, Background Paper 11, Law Reform Commission of Western Australia, Feb 2005 (37pp).

“Book Review Symposium: Justice Reinvestment: Winding Back Imprisonment
by David Brown, Chris Cunneen, Melanie Schwartz, Julie Stubbs and Courtney Young”, Todd Clear, Elena Marchetti, Luke McNamara, Current Issues in Criminal Justice 28(1) (2016)

HRLC & AJRP (Human Rights Law Centre and Australian Justice Investment Project, UNSW Law) (2016), Workshop on Practical Implementation of Justice Reinvestment Projects in Indigenous Communities (13 and 14 October 2015): final report.

“Is a royal commission the best response to the NT juvenile justice crisis?” ABC Opinion 27 July 2016, http://www.abc.net.au/news/2016-07-27/schwartz-cunneen-is-a-royal-commis... (with Chris Cunneen)

Schwartz, Melanie and Cunneen, Chris. “In focus: Is a Royal commission the best response to the juvenile justice crisis?” LSJ: Law Society of NSW Journal, No. 26, Sep 2016: 26-27

Allison, Fiona, Cunneen, Chris, Schwartz, Melanie (Indigenous Legal Needs Project), Submission to the Senate Inquiry into Access to Legal Assistance Services, April 2015

Schwartz, Melanie Brown, Cunneen, Chris, Julie Stubbs, David Brown, Courtney Young (Australian Justice Reinvestment Project), Submission to the Senate Inquiry into Access to Legal Assistance Services, April 2015

Allison, Fiona, Cunneen, Chris, Schwartz, Melanie (Indigenous Legal Needs Project), Submission to the Productivity Commission inquiry into Access to Justice Arrangements, July 2014

Oral submission (on invitation) to Productivity Commission inquiry into Access to Justice Arrangements, 2014.

RightNow: Redressing over-incarceration, addressing human rights: what can justice reinvestment do in Australia?, September 16, 2014 (with Chris Cunneen)

Redressing Indigenous over-representation in the criminal justice system with Justice Reinvestment’, Precedent, Issue 118 (Sept/Oct 2013) 38.

Schwartz, M, “Aboriginal deaths in custody”; “aggravation”; “circle sentencing”; “automatism”; and “Koori courts”; in T Mann (ed), Oxford Australian Law Dictionary, Oxford University Press, Sydney (2nd ed, 2013).

 Cunneen, C and Schwartz, M, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Access to Justice, 15 September 2009 (108pp)

Schwartz, M, Evaluation of Prison Fellowship Australia’s Breaking the Cycle of Crime Program (for Children of Prisoners), commissioned by Prison Fellowship Australia, Feb 2009, (84pp).

Cunneen, C and Schwartz, M, The Family and Civil Law Needs of Aboriginal People In New South Wales: Final Report, commissioned by Legal Aid NSW, Dec 2008 (191pp).

Back to top