Staff Directory Andrew Lynch
Publications |
Books
Law & Liberty in the War on Terror (2007), Federation Press (co-edited with E MacDonald and G Williams);
What Price security? Taking Stock of Australia’s Anti-Terrorism Laws (2006) UNSW Press (with G Williams);
Australian Legal Research - Exercises & Tasks, 3rd edition, Butterworths, Sydney, 2004 (co-author: L McNamara) (1st and 2nd editions in 2001 and 2003 respectively);
Equity & Trusts, 2nd edition, Butterworths, Sydney, 2005 (co-authors P Radan and C Stewart) (1st edition: 2001);
Book Chapters
‘The Use of History by Lawyers in Debating Responses to Terrorism’ in S Brawley (ed), Doomed to Repeat? Terrorism and the Lessons of History, New Academia, Washington, 2009, pp.305-27.
"Achieving Security, Respecting Rights and Maintaining the Rule of Law" – chapter in A Lynch, E MacDonald and G Williams (eds), Law & Liberty in the War on Terror, Federation Press, 2007;
"The Constitutional Significance of the Church of England" - chapter in R Atherton, D Meyerson and P Radan, Law & Religion, Routledge Press, 2005;
"Dissenting Judgments" - entry in A Blackshield, M Coper & G Williams (eds), Oxford Companion to the High Court of Australia, Oxford University Press, 2001;
Book Reviews
‘Counterterrorism: Democracy’s Challenge, by Andrea Bianchi and Alexis Keller (eds), Hart Publishing, 2008. Reviewed in Law and Politics Book Review, American Political Science Association, March 2009 http://www.bsos.umd.edu/gvpt/lpbr/reviews/2009/03/counterterrorism-democracys-challenge.html;
‘Security and Human Rights’ edited by Benjamin J Goold and Liora Lazarus, Hart Publishing 2007. Reviewed in (2008) 10 Constitutional Law and Policy Review pp.51-56;
‘The Once and Future Court? - Jason L Pierce’s ‘Inside the Mason Court Revolution: The High Court of Australia Transformed” (2007) 35 Federal Law Review 145;
"The Cavendish Guide to Mooting" by J Snape & G Watt, Cavendish Publications, 1997. Reviewed in (1998) 15(2) Journal of Professional Legal Education 230;
"Mooting Manual" by T Gygar & A Cassimatis, Butterworths, 1997. Reviewed in (1997) 8(2) Legal Education Review 237
"Law for Managers" by G Holley, FT Publishing, 1996. Reviewed in (1997) 1(1) Macarthur Law Review 201
"Laying Down the Law" by G Morris, et al., 4th edition, Butterworths, 1996. Reviewed in (1996) 70 Australian Law Journal 327.
Refereed Journal Articles
‘Control Orders in Australia: A Further Case Study in the Migration of British Counter-Terrorism Law’ (2008) 8 Commonwealth Law Journal 159;
‘Thomas v Mowbray: Australia’s ‘War on Terror’ Reaches the High Court’ (2008) 32 Melbourne University Law Review 1182;
‘Australia’s Counter-Terrorism Laws: How Neutral Laws create Fear and Anxiety in Muslim Communities, (2008) 33 Alternative Law Journal 225 (with N McGarrity);
‘Beyond a Federal Structure: Is a Constitutional Commitment to a Federal Relationship Possible?’ (2008) 32 University of New South Wales Law Journal 395-434 (with G Williams);
‘The High Court on Constitutional Law – the 2007 Statistics’ (2008) 31 University of New South Wales Law Journal pp.238-57 (G Williams);
'Exceptionalism, politics and liberty: a response to Professor Tushnet from the Antipodes’ (2008) 3 International Journal of Law in Context 31-38;
‘The Constitution and Legislative Responsibility’ (2007) 18 Public Law Review pp.158-164 (with Tessa Meyrick);
‘The High Court on Constitutional Law – the 2006 Statistics’ (2007) 30 University of New South Wales Law Journal 188-203 (with G Williams);
“The Intelligence of a Future Day’: The Vindication of Constitutional Dissent in the High Court Australia – 1981-2003” (2007) Sydney Law Review 195;
“The Constitutional Validity Of Terrorism Orders Of Control And Preventative Detention” (2007) 10 Flinders Journal of Law Reform 105-142 (with A Reilly);
“Legislating with Urgency – The Enactment of the Anti-Terrorism Act [No 1] 2005” (2006) 31 Melbourne University Law Review 747-781;
“The High Court on Constitutional Law – the 2005 Statistics” (2006) 29 University of New South Wales Law Journal 182-97 (with G Williams);
“Use of Overseas Evidence in Terrorism Offences: The Implications of the Commonwealth’s New Scheme for Defendants and the Courts” (2006) 27 Australian Bar Review 288;
“Does The High Court Disagree More Often In Constitutional Cases? A Statistical Study Of Judgement Delivery 1981-2003” (2005) 33 Federal Law Review 485
“The High Court on Constitutional Law – the 2004 Statistics” (2005) 28 University of New South Wales Law Journal 14 (with G Williams)
"Taking Delight in Being Contrary, Frightened of Being a Loner or Simply Indifferent - How do Judges really feel about dissent?: Cass Sunstein's Why Societies Need Dissent" (2004) 32 Federal Law Review 311;
"The High Court on Constitutional Law - the 2003 Statistics" (2004) 27 University of New South Wales Law Journal 88 (with G Williams);
“Is Judicial Dissent Constitutionally Protected?” (2004) 4 Macquarie Law Journal 81; “Undue Influence, Consent and Medical Treatment” (2003) 96 Journal for the Royal Society of Medicine 598 (with C Stewart);
“Dissent : The Rewards and Risks of Judicial Disagreement in the High Court of Australia” (2003) 27(3) Melbourne University Law Review 724;
“The Gleeson Court on Constitutional Law – An Empirical Analysis of its First Five Years” (2003) 26 University of New South Wales Law Journal 32;
“Dissent: Towards a Methodology for Measuring Judicial Disagreement in the High Court of Australia” (2002) 24 Sydney Law Review 470;
“Equitable Compensation for breach of fiduciary duty: Causation and contribution – The High Court dodges a fusion fallacy in Pilmer” (2001) 21 Australian Bar Review 173
“Packing Them in the Aisles: Making Use of Moots as part of Course Delivery” (1999) 10 Legal Education Review 83;
“Judge Judy: A face of Justice (with a Chancellor’s Foot)” (1999) National Law Review 5;
“The Disability Discrimination Act 1992 (Cth) and Education – Why Standards must be Drafted” (1998) 5 Canberra Law Review 95;
“Unanimity in a Time of Uncertainty: The High Court settles its differences in Lange v Australian Broadcasting Corporation” (1997) 6 Griffith Law Review 211;
“Is Obesity a Disability – Actual or Perceived – under the Disability Discrimination Act 1992?” (1996) 3 Deakin Law Review 161;
“Why Do We Moot? Exploring the Role of Mooting in Legal Education” (1996) 7 Legal Education Review 67;
“Legislating for Ecologically Sustainable Development – The Fisheries Act 1994 (Q)” (1995) 2 James Cook University Law Review 82;
“‘Can I Sue my Mediator?’ – Finding the Key to Mediator Liability” (1995) 6 Australian Dispute Resolution Journal 113.
Non-Refereed Articles
‘Should Australia’s Muslim Communities really be concerned about Anti-Terrorism Laws?’ (2007) 16(2) Human Rights Defender 7-9;
‘Maximising the Drama: ‘Jihad Jack’, the Court of Appeal and the Australian Media’ (2006) 27 Adelaide Law Review 311;
‘The High Court of Australia: Some Statistics’ (2007) 16 The Commonwealth Lawyer pp.30-32 (with G Williams);
‘Don’t lie back and think of England: comparisons on the process and substance of counter-terrorism laws’ (2005 Special Issue) Human Rights Defender 9
“The High Court – Legitimacy and Change: Haig Patapan’s ‘Judging Democracy-The New Politics of the High Court of Australia’” (2001) 29 Federal Law Review 295; “Flexibility in Legal Education: Delivering to Students with a Disability whilst maintaining Academic Standards”, Summer 96/97 Australasian Law Teachers Association Newsletter 6;
“Fisheries Act 1994 (Qld)” (1995) 4(1) Queensland Environmental Practice Reporter 97.
Conference/Seminar Papers
‘The Legislative and Executive Branch vs The Constitutional Court and the Judiciary – Conflict or Co-operation?’, 60 years Deutsches Grundgesetz – The German Constitution turns 60: Human and basic rights through the eyes of Germany and Australia, Australian National University, Canberra, 22-23 May 2009;
‘The Advantages of a Human Rights Act’, Amnesty International, New South Wales Annual General Meeting, Steelers Club, Wollongong, 17 May 2009;
‘Keynote Address’, New South Wales Schools State Constitutional Convention, Parliament of NSW, Sydney, 16 February 2009;
‘The Haneef Affair: Diminished Rights, Diminished Security’, Counter Terrorism and Human Rights (Postgraduate Course), Center for Security Studies, University of Sydney, 14 February 2009;
‘Restricting Liberty under Australian Law and Practice’, Joint Workshop, Restrictions of Liberty of Terror Suspects, The Israel Democracy Institute and the International Committee of the Red Cross (Tel-Aviv Delegation), Jerusalem, 14 December 2008;
‘Security’, Exploding Media Myths: Misrepresenting Australia?, Journalism and Media Research Centre, UNSW, and Edith Cowan University, Sydney, 20 November 2008;
‘An Independent Reviewer for Australian Terror Laws?’, Federal Criminal Law Conference, NSW Bar Association and Law Council of Australia, Sydney, 5 September 2008;
‘Australia’s Terrorism Laws: Exploring their counter-productive impact on Muslim communities’, 12th Biennial Conference of the International Society for Justice Research, Flinders University, Adelaide, 14-17 August 2008;
‘Control Orders in Australia: The Securitization of Public Life’, Law and Justice in the Risk Society, Annual Meeting of the Research Committee on Sociology of Law, International Sociological Association, Milan/Como, Italy, 9-12 July 2008;
‘National Security and Australia’s Culture of Control’, Division of Law, Macquarie University, Sydney, 1 May 2008;
‘From Blair’s Britain with Love: Control Orders in Australia’, Seminar, Socio-Legal Research Centre, Griffith University, Brisbane, 10 March 2008;
‘Australia’s Anti-Terrorism Laws - Where They Stand and What’s Next?’ Occasional Seminar, Judicial Commission of New South Wales and the District Court Education Committee, Sydney, 29 November 2007;
‘Comparative Counter-Terrorism: what can we learn? Extraordinary Rendition, Intercept Evidence and ‘Setting Aside’ Rights’, Human Rights and Counter-Terrorism: Reframing the Debate, Centre for the Study of Human Rights, London School of Economics, United Kingdom, 5 October 2007;
‘Some Observations on Australian Anti-Terrorism Law and Civil Liberties’, Department of Law, University of Durham, United Kingdom, 2 October 2007;
‘International Influences on Australian Anti-Terrorism Law’, School of Law, Leeds University, United Kingdom, 2 October 2007;
‘Perspectives on Federalism’, National Industrial Relations Conference, Queensland Department of Employment and Industrial Relations, 11 September 2007.
‘Securing Our Freedoms’ Panel Discussion, Amnesty International, University of Adelaide, 31 July 2007.
‘The Use of History by Lawyers in Debating Responses to Terrorism’, Inaugural Research Network for a Secure Australia Terrorism History Conference, Canberra, 13 June 2007;
‘Incapacity not Misbehaviour: Illness, Independence and Judicial Removal’ Staff Seminar, University of Tasmania, 1 May 2007.
‘What Price Security?’ Panel Discussion, gleebooks Events Upstairs@49, Sydney, 23 November 2006.
‘Terrorism, the Law and Human Rights’, Law & Society HSC Legal Studies Study Day, Sydney, 23 November 2006.
‘Recent Cases on the Constitutional Separation of Judicial Power – Will Terrorism Control Orders Survive the High Court?’, Gilbert + Tobin Lawyers, Sydney, 17 October 2006.
‘Harmony and Diversity: Unanimity and Dissent on the High Court’, Staff Seminar, University of Tasmania, 10 May 2006.
‘Legislating with Urgency’, Ensuring Accountability – Terrorist Challenges and State Responses in a Free Society, ANU, Canberra, 20-21 April 2006.
‘Trying to Pin Down the New Terror Laws – Some Comments on Process and Powers’ Gilbert + Tobin, Sydney, 7 December 2005.
‘Terror and Exceptionalism - Can an Emergency Constitution Limit Executive Power?’ The Executive – Third Annual Conference on the Primary Functions of Government, Victoria University of Wellington, New Zealand, 25 November 2005.
‘The Constitution – Its Form and Values’ the New South Wales Schools State Constitutional Convention, Parliament of NSW, Sydney, 14 November 2005.
‘The Constitution and Terrorism – an Emergency Mechanism or a Bill of Rights?’ Faculty of Economics and Business, University of Sydney, 19 October 2005.
‘Terror and Exceptionalism: Does Australia Need an Emergency Constitution for the Way We Live Now?’, Faculty of Law, University of Toronto, Guest Seminar - 3 October 2005.
‘Changing Institutional Relationships in a Time of Terror’, UK-Australia Roundtable on Terrorism and Law, University College London, 26 September 2005;
“Is Judicial Dissent Constitutionally Protected?”, School of Law, University of New South Wales, Guest Seminar – 4 May 2004; “The Scholarship of Teaching – A Case Study”, Legal Education Workshop, 2003 ALTA Conference – Changing Law, Griffith University, Brisbane, 6-9 July 2003;
“The Gleeson Court on Constitutional Law: An Empirical Analysis” 2003 Constitutional Law Conference – Centenary of the High Court of Australia, UNSW and the Gilbert + Tobin Centre of Public Law, Sydney, 21 February 2003;
“Dissent and Precedent - Change and Certainty in a Court of Last Resort”, Division of Law, Macquarie University, Guest Seminar – 22 August 2002; “Constitutional Dissent”, UTS Faculty of Law, Research Seminar – 26 October 2001;
“Mooting as a Spectator Sport: Moots as part of Course Delivery” Australasian Law Teachers Association Conference, University of Otago, New Zealand, 5-8 July 1998 (with S Fitzpatrick);
“Simultaneous Cross-Institution Course Delivery: Are there any conclusions we may draw for flexible learning in law?” Flexible Learning without Technology Symposium, UTS, 29 October 1997 (with B Bondfield & A Stuhmcke);
“An Experience in Simultaneous Cross-Institutional Delivery of a First Year Course” ALTA Conference, UTS, 2-5 October 1997 (with B Bondfield & A Stuhmcke);
“Putting Ourselves to the Test: Justifying Our Assessment Methods” QUT Legal Education Day, 8 December 1995 (with L Godden & M Keyes);
“From in Front and Behind the Lectern” HERDSA ’95 Conference, published in (1995) 18 Research and Development in Higher Education pp.704-709 (with L Taylor).
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