Law Collection
Recent Deposits
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Barbarians Within the Gates: Congressional Debates on Mormon Polygamy
In 1879, the Supreme Court of the United States delivered its judgment in Reynolds vs United States on the constitutionality of a federal anti-polygamy statute. The Reynolds decision brought to a halt the nearly three-decade ... -
Reviving the Obligatory Abstention Rule in the UN Security Council: Reform from the Inside Out
The decision-making protocol for the United Nations (UN) Security Council follows the Charter of the United Nations, which states that decisions of the Council “shall be made by an affirmative vote of nine members including ... -
Indigenous Voices at Work
‘Indigenous Voices at Work’ surveys workplace issues that have faced Indigenous people in the common law countries of New Zealand, Australia, the United States, and Canada. Colonisation deprived many Indigenous people of ... -
The Way We Do Things Back Home: Do Expatriate Judges Preferentially Cite the Jurisprudence of Their Home Countries?
This study considers ‘expatriate model’ judicial systems, whereby some or all of the judges that sit on a country’s courts are nationals of a foreign state. The author explores whether these foreign judges ‘favour’ their ... -
Autonomy, Capacity and Vulnerable Adults: Filling the Gaps in the Mental Capacity Act
This paper explores the distinction between being autonomous and having capacity for the purposes of the Mental Capacity Act. These include where a person misuses affective attitudes in making the decision; where a person's ... -
Asian Privacy Scholars Network 5th International Conference
This article considers the 5th Asian Privacy Scholars Network (APSN) International Conference. The Conference encouraged privacy scholars from the Asia Pacific region to share research, ask difficult questions, push the ... -
Asia Pacific Privacy Authorities Meet in Mexico
The 46th Asia Pacific Privacy Authorities Forum (APPA) was hosted by the National Institute for Transparency, Access to Information and Personal Data Protection (INAI), in Manzanillo, Mexico, from 30 November to 2 December ... -
Just an Hour of Your Time? Providing Limited (Unbundled) Assistance to Litigants in Person
This article considers the landscape for “unbundled” legal assistance in New Zealand. The author draws on and discusses the substantial international literature and data from a study conducted on litigants in person in the ... -
The Philosophical Underpinnings of Human Rights
Once a conversation is started about “human rights”, two things quickly become apparent. First, there is a widespread agreement that human rights matter, and second, that there is extensive disagreement as to exactly what ... -
The Protection and Conservation of Ecosystems and Species
This chapter is included in New Zealand’s leading environmental law textbook. It describes and analyses New Zealand environmental law about the protection and conservation of species and ecosystems, and discusses some ... -
Within the ZPD: Focussing on Harm and Interests
Harm is a crucial concept in the ZPD framework. The concept of probable harm to the child forms the outer limit of the zone of parental discretion, marking the point where parents' decisions should be overridden. This ... -
Comfort Letters - Let the Issuer Be Aware!
Comfort letters are controversial. They are usually the result of a compromise. The issuer, while wishing to ensure that the recipient will participate in the implementation of the underlying transaction (commonly a loan ... -
No-Fault Compensation and Unlocking Tort Law’s: ‘Reciprocal Normative Embrace’
The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for ... -
National Human Rights Institutions Pathways for Small Pacific States
This article is the first study paper in a series related to human rights and has been developed in partnership with the Pacific Islands Forum Secretariat. The author discusses practical suggestions for the way forward ... -
From Zeroines to Heroines: Transforming Debate About eVAW in New Zealand
This article is concerned with violence against women online, with a particular focus upon the “Roast Busters” scandal in New Zealand. The author considers the government response to this particular incident, along with ... -
'Going Through All These Things Twice': A Brief History of Botched Executions
This article considers botched executions throughout history and the legal and policy consequences that have resulted from such incidents. The author adopts a retrospective approach to botched executions and focuses ... -
‘You Can’t Handle the Truth’: Medical Paternalism and Prenatal Alcohol Use
The publication of the latest contribution to the alcohol-in-pregnancy debate, and the now customary flurry of media attention it generated, have precipitated the renewal of a series of ongoing debates about safe levels ... -
Capacity to Consent to Sex
‘When is it appropriate for society to intervene paternalistically in a decision or decisions that individuals make as to their sexual relations?’ With these words, Sir Brian Leveson opened the judgement of the Court of ... -
Dangerous Patients and Duties to Warn: A European Human Rights Perspective
The recent case of David Bradley, who shot and killed four members of his family after telling his doctor he ‘wanted to kill someone’, has raised the question of whether a healthcare professional could ever be held liable ... -
The Legal Status of Body Parts: A Framework
There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal ...